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HomeMy WebLinkAboutPacket Jan 26 2010WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 - 21 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1/5/2010 1 / 12 / 2010 COTW Division Head: 1/ 2 6/ 2 010 Committees Dept. Head Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. 2010 Reorganization of Whatcom County Council ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) 2010 Reorganization of Whatcom County Council COMMITTEEACTION. COUNCIL ACTION: 1/12/2010: Council appointed Chair, Vice -Chair 1/12/2010: Reported and Executive Pro-Tempore and selected committee assignments. 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. 2010-055 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JH 1114110 y Q JAN .1 9 2010 UVHA COM COUNTY COUNCIL 1/26/10 qat Res/Council Division Head:' �) Dept. Head: Prosecutor: Q�/i5%del o Purchasing/Budge / / � � Q Executive: , If -to TITLE 6FDOCOMENT.• Swift Creek Interagency Agreement ATTACHMENTS: Interagency Agreement between the Washington Department of Ecology and the Whatcom County Flood Control Zone District SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing? ( ) Yes (x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The attached agreement allows the FCZD to receive pass -through funds appropriated to Ecology by the legislature to assist with the managing sediment deposited by Swift Creek (Attachment A). 'The agreement is in accordance with provisions contained in the August 31, 2009 Joint Agency Agreement between Whatcom County, Ecology, and US EPA (Attachment B). 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 [thunty's website at. www co. whatcom. wa. us/counciL WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR Jon Hutchings, Ph.D. ASSISTANT DIRECTOR Public Works Administration 322 N. Commercial Street, Suite 210 Bellingham, WA 982254042 Telephone: (360) 676-6692 FAX: (360) 738-4561 jhutchings0co. whatcom. wa.us TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director RECEIVED FROM: Jon Hutchings, Assistant Director JAN 15 2010 DATE: January 15, 2010 PETEKREMEN COUNTY EXECUTIVE RE: Swift Creek Interagency Agreement The Washington State Legislature appropriated $1 M from the local toxics control account during the 2009 Legislative Session "...solely to clean up naturally occurring asbestos from Swift Creek." Whatcom County staff, working with the Washington State Department of Ecology and US EPA, have prepared an interim plan to reduce the occurrence of flooding and associated deposition of asbestos -containing sediment in and around Swift Creek and agree on the general scope of work contained in the attached interagency agreement. "f he Swift Creek Interagency Agreement (Attachment A) allows the Flood Control Zone District to receive the Swift Creek funds appropriated to Ecology by the legislature. The agreement is in accordance with provisions contained in the August 31, 2009 Joint Agency Agreement between Whatcom County, Ecology, and US EPA (Attachment B). The present Agreement obligates the District to $300,000 of in -kind match each year for two years. -this amount is approximately that spent on Swift Creek work by the District in each of the past three years and is budgeted for expenditure in 2010. The Agreement can be terminated by either party with 30 day's advance notice. A contract to develop design alternatives and prepare final construction plans is forthcoming. Please contact Jon Hutchings at extension 50639 if you have any questions regarding this request. Attachments (2) 3 WHHI Uvlvl Uvull E i CONTRACT NO. aoioaioif , IAA No. xxxxxxxxx INTERAGENCY AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT WHEREAS the Washington State Legislature in ESHB 2687, passed in the 2009 Legislative Session, appropriated funds from the local toxics control account "solely to clean up naturally occurring asbestos from Swift Creek"; WHEREAS the Washington State Department of Ecology and Whatcom County staff, working on behalf of the Whatcom DISTRICT Flood Control Zone District, have consulted on the best way to reduce the occurrence of flooding and associated deposition of asbestos -containing sediment in and around Swift Creek and agree on the general scope of work contained herein; THIS AGREEMENT is made and entered into by and between the DEPARTMENT OF ECOLOGY hereinafter referred to as "ECOLOGY," and the WHATCOM DISTRICT FLOOD CONTROL ZONE DISTRICT hereinafter referred to as the "DISTRICT." IT IS THE PURPOSE OF THIS AGREEMENT to provide the DISTRICT with funds appropriated to ECOLOGY by the legislature to pass through to the DISTRICT to assist with the managing sediment deposited by Swift Creek. Swift Creek sediment contains naturally occurring asbestos. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The DISTRICT shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment "A". Furthermore, the DISTRICT agrees to budget $300,000 for each of two years for in - kind and other unspecified services related to Swift Creek as match for this grant. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on January 26, 2010, and be completed on June 30, 2011, unless terminated sooner as provided herein, or extended by mutual written agreement by the DISTRICT and ECOLOGY. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The total project cost, based on funds allocated by the Legislature, shall not exceed $1,600,000*. *(By mutual agreement of the DISTRICT and ECOLOGY, $85,000 of the legislative appropriation has been allocated for purchase and operation of a landslide monitoring video system to be implemented by Western Washington University through a separate agreement). Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount and properly amend this Interagency Agreement. Compensation for service(s) shall be based on the budget in Attachment "A" which is attached hereto and incorporated herein. M BILLING PRU%E-'L'RE The DISTRICT shall submit a properly completed invoice describing the work completed during the payment period, on State invoice voucher form A19-1A, and any work products to ECOLOGY's Project Manager quarterly. Payment to the DISTRICT for approved and completed work will be made by warrant or account transfer by ECOLOGY within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. Information that is a public record under Chapter 42.56 RCW, which does not meet any applicable exemptions to disclosure, can be disclosed to the public without prior permission of either party. HOLD HARMLESS Each party shall defend, protect, and hold harmless the other party from and against all claims, suits or actions arising from the negligent acts or omissions of its employees and/or authorized representatives while performing under the terms of this agreement. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by ECOLOGY. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. All sampling data shall be submitted to ECOLOGY in both printed and electronic formats in accordance with WAC 173-340- 840(5) and ECOLOGY Toxics Cleanup Program Policy 840: Data Submittal Requirements. Failure to properly submit sampling data will result in ECOLOGY withholding payment. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 0) k AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. DISPUTES In the event that a dispute arises under this Agreement, before any formal action is initiated, the parties shall make a good faith effort to informally resolve the dispute. If the dispute cannot be resolved informally, it shall be resolved by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Statement of work; and c. Any other provisions of the agreement, including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is 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. X WAIVER A failure by.either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY . If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. ALL WRITINGS CONTAINED HEREIN "this Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. AGREEMENT MANAGEMENT -rhe program manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Project Manager for ECOLOGY is: The Project Manager for the DISTRICT is: 0 Mary K. O'Herron WA Department of ECOLOGY 1440 10th Street, Suite 102 Bellingham, WA 98225 Phone: (360)715-5224 Fax:(360)715-5225 mohe461 @ecy.wa.gov Jon Hutchings Public Works Assistant Director Whatcom County Public Works 322 North Commercial Street Bellingham, WA 98225 Ph: 360-676-6876 Fax: 360-738-2468 jhutchings@co.whatcom.wa.us 7 IN WITNESS WHEREOF, the parties have executed this Agreement. STATE OF WASHINGTON WHATCOM COUNTY FLOOD ZONE DISTRICT Department of Ecology Whatcom County, Washington Signature Title APPROVED AS TO FORM: ATTORNEY GENERAL'S OFFICE Assistant Attorney General Date Signature Title ale �elq Date WHATCOM COUNTY PROSECUTOR L' &&Ly'j- Prosecuting Attorney ATTACHMENT "A' DESCRIPTION OF WORK The purpose of this work is to reduce the threat to human health and the environment caused by hydraulic distribution of Naturally Occurring Asbestos (NOA) from Swift Creek, while advancing the body of knowledge necessary to develop a long-term management option. This work is the first phase of a multi -year interim project aimed at minimizing distribution over the landscape of sediments transported from the Sumas Mountain slide by Swift Creek. The work consists of five components: (1) design and construction of new deflector levees and/or retention facilities, (2) evaluation and improvement of existing levees, (3) acquisition of flood control easements and/or land, (4) geologic and geotechnical investigation of long-term sediment management strategies, and (5) advancement of Federal funding requests for future work. The estimated project cost for these elements is as follows: ITEM DESCRIPTION ITEM COST Levee/Retention Facility Evaluation and Design $100,000.00 Levee/Retention Facility Construction $425,000.00 Easement/Land Acquisition $350,000.00 Geotechnical Investigation $40,000.00 Project Management, Administration and Related Governmental Services** $600,000.00 SUBTOTAL $1,515,000.00 Taxes Not applicable Administration/Contingency Not applicable TOTAL $1,515,000.00 Amount to be Paid by ECOLOGY Through this Agreement $915,000.00* Match to be Paid by DISTRICT ** $600,000.00 *$85,000 from the $1,000,000 total will be paid by Ecology outside of this agreement to Western Washington University for landslide monitoring. **May be in kind or contracted services performed by DISTRICT or Whatcom County, includes preparation of requests for additional funding. 0 9 WORK PRODUCTS AND DECISION POINTS Work products are expected to be delivered as described below. Scheduled delivery dates are approximated for planning purposes only and may change due to weather, contractor availability, changing environmental conditions, and/or other unforeseen events. All work will be completed and final work products delivered by June 30, 2011. (1) Evaluate design options. for (a) new deflector levees and/or retention facilities on the Swift Creek alluvial fan east of Goodwin Road and (b) improvement of existing levees between Goodwin Road and Oat -Coles road. Deliver a design alternatives report for review by Ecology no later than April 1, 2010. Ecology will provide the District with agency comments within 30 days after delivery. (2) Coordinate with Ecology to prepare a Congressional funding request to fund subsequent phases of the project by May 1, 2010. (3) Propose a geologic investigation of the shallow subsurface that supports long-term sediment retention strategies. Deliver the proposal to Ecology by May 1, 2010. Ecology will provide the District with agency comments within 30 days after delivery. A final work plan will be delivered to Ecology by July 1, 2010 (4) Prepare bid ready design specifications for (a) selected alignment of new deflector levees and/or retention facilities and (b) improvement of existing levees. Deliver to Ecology 30 days before bidding construction. (5) Construct new levees and retention facilities, and complete improvements by November 1, 2011. Deliver final as -built plans and report documenting construction to Ecology by January 1, 2011 (6) Conduct geotechnical investigation of long-term sediment management strategies. Deliver draft report by January 1, 2011. 7 10 JOINT AGENCYAGREEMENT NATURALLY OCCURRING ASBESTOS ORIGINATING FROM THE SUMAS MOUNTAIN LANDSLIDE IN WASHINGTON STATE SITUATION Whatcom County, the Washington State Department of Ecology (Ecology) and Region 10 of the Environmental Protection Agency (EPA) acknowledge that asbestos contained in the sediments originating on Sumas Mountain, Washington occurs naturally and that deposition of this asbestos in and around Swift Creek and the Sumas River is likely to continue during the next several centuries. The agencies recognize that there is a measurable health risk to humans from long- term exposure to these sediments when they are dry, disturbed or inappropriately managed. The agencies also recognize the burden that recurring flooding places on the local community. The agencies have concluded that engineered facilities to stop the erosion and deposition of Sumas Mountain sediments near their source are prohibitively costly and require resources far beyond those available to State and Local governments, and that Federal programs do not presently allow for spending of this magnitude. In the absence of a clear and cost effective long-term solution, the agencies agree that along with communication with the public regarding ways to limit exposure, a 10- to 20-year interim containment strategy at Swift Creek is the best management alternative. The agencies understand that this approach will not prevent the spread of sediments via flooding beyond the banks of Swift Creek or the Sumas River; rather, the strategy reduces the area of potential deposition and reduces the amount of asbestos -containing sediment transported downstream over time. The in • . strategy is intended to provide time to develop and implement a long-term plan to diminish the impact of ongoing deposition of asbestos -containing sediment in the Sumas River Basin. The agencies- agree to continue their work together toward management of the Sumas Mountain Naturally Occurring Asbestos. To be successful in this work, the agencies must provide certain commitments. These commitments, as they are presently understood, are listed below. COMMITMENTS Whatcom County, Ecology, and EPA Agree to Immediately: • Explore and establish, consistent with agency authorities and resources, the appropriate legal structures for managing the problem. Options the agencies are likely to explore include, but are not limited to: enforcement discretion, emergency permitting, limited liability corporation options and protections for those implementing agreed -upon plans. • Develop an Interagency Response and Recovery Plan, a 10-20 year interim strategy and a long-term work plan for managing issues associated with the sediments originating from the Sumas Mountain landslide. • Charter a Working Group to prepare and implement the plans and strategies listed above. The Working Group is not a legal entity with powers to enter into contracts, incur liabilities, page of 3 FINAL Sumas_SwiftJointAgency AgreementforAug 312009.doc prepared August 28, 2009 11 yqao own or create intellectual property, or otherwise make legally binding commitments of the funds or other assets of the agencies. • Encourage the Working Group to be both reasoned and innovative in their efforts. Encourage the Working Group to engage high-level leadership when policy decisions must be addressed. • Acknowledge that the Army Corps of Engineers (Corps) has unique expertise and experience that is useful to this collaborative effort. Further acknowledge that Corps leadership has determined the Corps can only become actively involved when a permit is submitted for review, or when federal funding is made available for this project. • , Continue to engage the Army Corps of Engineers as much as practical and possible given their constraints. Whatcom County will: • Continue to provide project management and technical resources within existing County authorities for flood management, land -use and public health. • Commit to the acquisition of lands and/or easements needed to implement the interim containment strategy, contingent on availability of adequate state and federal funding and satisfactory assurances regarding liability. • Commit to examining and revising land use plans, zoning and development regulations as appropriate in the affected areas. • Continue local funding at existing levels to help secure state and federal financial commitments. Ecology will: • Continue to provide technical assistance and staff resources. • Commit to continue to actively seek funding at the state level, and at the national level by working with Washington's- Congressional delegation. • Commit to expediting decisions on any Ecology -issued permits and any needed regulatory interpretations that Ecology is responsible for, including expediting the resolution of any wetlands -related issues. • Commit to advocate for and organize active participation by other state agencies such as the Department of Natural Resources, Labor and Industries, the Department of Health and the Department of Agriculture. EPA will: • Continue to provide technical assistance and staff resources. • Commit to look for ways to access all available EPA funding sources and staff resources. page 2 of 3 FINAL Sumas_SwiftJoint Agency Agreement for Aug 312009.doc prepared August 21,1009 • Advocate for the participation of and collaborate with other relevant federal agencies, such as the Army Corps of Engineers and Federal Emergency Management Agency. RESERVATIONS This agreement does not create any right or benefit, substantive or procedural, enforceable by law or equity, by persons who are not party to this agreement, against EPA, Ecology, or the County, their officers or employees, or any other person. This agreement does.not direct or apply to.any person outside of EPA, Ecology, or the County. EFFECT This agreement is to take effect upon the signatures of the parties below and remain in effect for a period of years. This agreement may be extended or modified, at any time per the mutual written consent of the parties. Additionally, a party may terminate its participation in this agreement at any time by providing written notice to the other parties, at least 30 days in advance of the desired termination date. Pete Kremen, Executive, Whatcorn County Washington Washington Stat apartment of Ecology Pirzadeh, Acting Regional Administrator, Region 10 EPA T-2/- o Date 3 Date Y' 3//O9 Date page 3 of 3 FINAL Sumas_SwiftJointAgency Agreement forAug 31 2009.doc prepared August 28, 2009 13 Attendees 2009 Sumas Mountain/Swift Creek Leadership Meeting Seattle, Washington 31 August 2009 Whatcom County Ecology Pete Kremen, Whatcom County Executive Jon Hutchings, Assistant Public Works Director* Paul Pittman, River and Flood Division Geologist Jay Manning, Director Richard Grout,* Pete Kmet Mary O'Herron, Environmental Specialist EPA Region 10 Michelle Pirzadeh, Administrator Linda Anderson -Carnahan, Associate Director, Office of Environmental Cleanup* Elly Hale Cliff Villa ACOE Seattle District Mona Thomason, Chief, Planning Branch, Planning, Programs & Project Management Division* Linda Smith, Chief, Plan Formulation, Planning Branch Randel Perry, Regulatory Branch, Operations Division Elected State Officials Senator Dale Brandland Representative Kell! Linville Congressional Staff Sally Hinz on behalf of Senator Cantwell Luke Loeffler on behalf of Congressman Larsen *principal agency contact for this meeting 14 2010-056 WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. CLEARANCES Initial Date Received in Council Office Agenda Date Assigned to: Originator: IDatate I^1 E C j� l V E D u u I� u JAN 1 9 2010 WHATCOM COUNTY COUNCIL 1/26/10 Nat Res/Council Division Head: Dept. head: / — / ? - l d Prosecute: Purchasing/&rdget: /d-10 Executive: '+r1 •iO TITLE OF DOCUMENT. • Resolution approving the South Fork Regional Park Conceptual Plan ATTACHMENTS. Resolution, Project Summary, Attachment A Conceptual Plan, Park Commission Minutes SEPA review required? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes (X) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Approval of South Fork Regional Park Conceptual Plan COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: rPlease Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wauslcouncil. 15 WHATCOM COUNTY PARKS & RECREATION DEPT. 3373 Mount Baker Highway Bellingham WA 98226 MEMORANDUM Michael McFarlane Director RECEIVED JAN 15 2010 PETS KREMEN TO: Pete Kremen, Whatcom County Executive and Honorable COUNTY EXECUTIVE Members of the Whatcom County Council FROM: Michael McFarlane, Director RE: Resolution Approving the South Fork Regional Park Concept Plan DATE: January 13, 2010 Enclosed is the copy of a resolution approving the South Fork Regional Park Plan. ■ Background and Purpose Whatcom County has acquired properties for development of regional park along the South Fork of the Nooksack River in the Acme area over the past 15 years. In 2007 the Parks & Recreation Department began a public planning process to address park development and public access to these lands. The proposed plan is the result of that process. In November of 2009, the Whatcom Parks & Recreation Commission reviewed the attached plan and recommends its approval. The plan has also been reviewed and approved by the Whatcom Land Trust for compliance with the existing conservation easements held by that organization. Additional background can be found in the enclosed project summary. ■ Funding Amount and Source This project is proposed to be funded through a number of sources including park improvement funds dedicated to the project, donations and in -kind contributions, REET II funds, State recreational grants and private funding from the Nesset Foundation and other community organizations. This is a conceptual plan in which development will be contingent upon funding availability from a variety of sources over an unknown period of time. Park development is generally programmed as part of the Department's operating budget and capital improvement plan. The estimated cost of improvements identified in this plan are anticipated to range from $1,200,000 to $1,600,000 exclusive of the historic building restorations which are funded through the Nesset foundation. Please contact Michael McFarlane at extension 32072, if you have any questions or concerns regarding the terms of this proposal. Encl. 16 SPONSORED BY: PROPOSED BY: Parks & Recreation INTRODUCTION DATE: RESOLUTION NO. APPROVING THE SOUTH FORK REGIONAL PARK CONCEPTUAL PLAN WHEREAS, Whatcom County has been planning for a regional park along the South Fork of the Nooksack River in the Acme area since 1968; and WHEREAS, lands and property for a park has been acquired through grants, purchase and donations over the past sixteen years; and WHEREAS, the County is committed to providing a regional park in accordance with various conservation easements and conditions that preserve the site's natural and cultural resources; and WHEREAS, through a public planning process a design was developed that addressed public use, access and resource issues consistent with the conditions and limitations of the properties; and WHEREAS, the Whatcom County Parks Commission met on November 19th, 2009 and recommends approval of the South Fork Conceptual Master Plan Alternative November 2009 attachment A; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the South Fork alternative conceptual design for the South Fork Regional is approved and that the Parks & Recreation Department is hereby authorized to pursue funding and development of the park in accordance with the conceptual design which is attached hereto. APPROVED this day of , 2010 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Sam Crawford, Council Chair APPROVED AS TO FORM: 11-1Z -1-A � Q (Irl-, Randy Watts, Chief 1 Depu y Prosecutor 17 ATTACHMENT "A" 'ark Entry • Park Entrance51, GaKA Enlry ___®� • Agrk:ulWralFermmg Trailhead0®�ui7 O TRAIL LEGEND ---I Parthg • !form TrallerPaMing ® Multi -Use Trail®■® __ • InromatlonalaMW� Lvlg Slgnt To Acme M®Overby Farm — `- ' • 6w.dwalka • MCaEow eM V/etlaM Management • wlmue vew•yama South Fork Nooksack River -- 13MM Nesset Farm —� ' • SeM GJIeea lncrpraatatim • IS/JNlfc Vicwlnq Arta • Grtrakeis Ferlrterce To Wickersham SOUTH FORK PARK rnnrant,rAi MActPr Plan - AI TFRNATIVF I- -- -- •• Hiking / Bicycle Trail ®N ------- Hiking Trail® DNR Lands Reconveyance Properties L. r�wem�r xoov ffbllo rs esdsting gravel road alignment) SOUTH FORK PARK Conceptual Master flan -ALTERNATIVE 6 Nesset Farms set Farm o w Im 14 August 2009 19 zi � eOM CO Conceptual Master Pla- South Fork Regional Park Project Summary PROPERTY ACQUISITION 1968 Public trails and park proposed in various planning documents- Public process in plans. 1989 County Council approves concept of Nesset Trust and conservation easement. 1993 County acquires by donation for 262 acres of the northern portion of the site (Galbraith Farm). 1996 County applies for and receives $63,000 IAC WWRP funding to acquire Nesset Farm. 1997 Whatcom County requests DNR intergrant to prepare for reconveyance of 214 acres. 1998 DNR reconveys 214 acres to Whatcom County for park purposes. 2000 County purchases timber rights for $1,255,000 using donation and Conservation Futures fund. 2008 County Council requests reconveyace of 287 acres of forest lands from DNR to facilitate public access and park development. (Currently pending action by DNR) ACCESS RELATED ISSUES Department of Natural Resources 8/21/89 Ken Solt DNR Lands and Minerals Mgr. to WC Public Works Director acknowledges receipt of request for right -of -'Way access for park purposes off Mosquito Lake Road 11/3/89 Dick Olsen DNR Baker District Mgr. to DeSpain indicating DNR will deny any request for road access from Mosquito Lake Road -Hutchinson Creek. 8/28/06 Parks Department requests trail easement application from DNR 2/8/07 Application for Easement submitted by Givler to Kurowski (DNR Upland Business Operations Mgr.) Included in packet: Application for Authorization to Use State Owned Lands, Master Application for Discretionary Land Use Permit, Land Disturbance Application, Joint Aquatic Resources Permit Application; requiring DNR approval as the landowner along with other supporting documentation such as mapping, SEPA checklist and project synopsis. 3/07 Kurowski notifies McFarlane that trail easement won't be processed but recommends County submit request for reconveyance for park purposes. 4/2/07 Parks staff begins field and survey work for reconveyance request. 6/18/07 Meeting with DNR regarding reconveyance issues. 9/9/08 County Council approves reconveyance request. Currently pending action by DNR. 11/2/09 County Executive requests a primitive trail easement for southern access. Pending action by DNR. Washington State Recreation and Conservation Office (RCO/IAC): 7/25/05 Jennings letter to McFarlane regarding compliance issue with lack of public access to Nesset Farm and request for County to work on access to open park to public. 2005-2009 RCO kept apprised of status of park development by ongoing updates. 21 ACCESS RELATED ISSUES Continued. Whatcom Land Trust: 6/18/07 The Trust procures a conditional assignable public foot trail easement on Ken Carrasco and Mariann Brown's property. Easement will begin upon completion of trail by grantee. 11/4/09 Letter to County Executive clarifying easement and that primary access for the park will not be allowed through the Whatcom Land Trust property on Saxon Road. Gail Everett (Private in holding): 2/10/99 Gail Everett response to DeSpain regarding consideration of selling part of her property for trail easement to link County's park properties. 4/13/06 Gail Everett response to Rand Jack/McFarlane that she will not grant trail easement across her property. Bakke Farms Association: 8/17/98 Letter to County Council referencing use of Bakke road, conservation easement and requesting WC open a road for the park from the north per the conservation easement as soon as possible. 1/7/00 Five year road maintenance agreement approved (non public restricted) 10/27/04 Five year road maintenance agreement approved (non public restricted) 9/22/08 Road agreement terminated by Bakke Farms Assn. over weight load issue. 12/13/08 New three year road access and maintenance agreement entered into. (non public restricted) During negotiations County urged to find a long term solution to park access issue. PUBLIC PARTICIPATION Planning Meetings: 2005 Countywide planning charrettes/workshops for Whatcom County Comprehensive Parks, Recreation and Open Space Plan; Van Zandt, Parks HQ, Sumas, Lynden, Birch Bay, Bellingham, Kendall, Ferndale, Point Roberts, Lummi Island 6/12/07 Public visioning session; Bellingham 6/ 16/07 Public visioning session; Mt Baker Highway Parks HQ 7/14/08 On -site meeting with Back Country Horsemen Association 3/26/09 Public meeting on proposed park plan; Bellingham 3/28/09 Public meeting on proposed park plan; Mt. Baker Highway Parks HQ 5/6/09 Acme community meeting P&R staff invited and participated; Acme 6/3/09 Acme community meeting P&R staff invited and participated; Acme 7/8/09 Acme community meeting P&R staff invited and participated; Acme 8/25/09 Public meeting on park plan with alternative; Acme 8/26/09 Public meeting on park plan with alternative; Bellingham 22 PUBLIC PARTICIPATION Continued. County Council and Parks & Recreation Commission Meetings: 4/9/09 Parks & Recreation Commission, Presentation on conceptual plan 5/21/09 Parks & Recreation Commission, Update and discussion on public meetings 7/16/09 Parks & Recreation Commission, Presentation by South Fork Heritage Assn. 9/24/09 Parks & Recreation Commission, Update and presentation on meetings and revised plan 9/29/09 County Council Natural Resources Committee Work Session, Staff presentation on plan and process 10/27/09 County Council Public Works Committee Work Session- South Fork Heritage Assn. Presentation 11/18/09 Parks & Recreation Commission recommends approval concept Master Plan Alternative Parks & Recreation Website Postings(http://www.co.whatcom.wa.us/parkslsouthforklindex.isy): 3/26/09 Conceptual plan, background information and contact information (Comment period opens) 8/21/09 Alternative design posted incorporating public comments on initial plan 10/30/09 Comment period closes- Information remains posted on Department's website MAJOR EASEMENTS AND RESTRICTIONS 12/10/91 Living trust and conservation easement Nesset Farm/Whatcom Land Trust and Nesset Trust 12/23/98 Deed of right to use land for public recreation purposes Nesset Farm/State of Washington 5/24/00 Conservation easement Overby FamvWhatcom Land Trust 3/20/02 Riparian 500 foot conservation easement Galbraith Farm/Whatcom Land Trust 10/8/02 Assignment of Rights Overby Farm/State of Washington 12/15/09 Plan presentation and review by Whatcom Land Trust Board of Directors for compliance M�7.Y�11JZy �7u [\_►7:�e] Flu i �1► _ ' : �a> ��.y 1998-2008 Nesset Creek riparian plantings- 4"' Corner Fly Fishermen 4/8/04 Hutchinson Creek/Nooksack River Salmon enhancement project Lummi Tribe landowner agreement. Storage of woody material and river access. MAJOR SITE IMPROVEMENTS 2000 Barn restored 2005 Road improvements on Galbraith Farm to facilitate salmon project and future park development. 2008-2009 Caretakers residence, septic and well installed and funded by Nesset Foundation 23 MEETING MINUTES WHATCOM COUNTY PARKS AND RECREATION COMMISSION Thursday, November 19, 2009 Whatcom County Parks and Recreation Headquarters Office 3373 Mt. Baker Highway, Bellingham, WA PRESENT: Walt Lockwood, Del Lowery, Gordon Rogers, Wendy Setter, Lynnea Flarry ABSENT: David Wright, Commissioner Michael McFarlane, Park Director STAFF: Lynne Givler, Parks Operations Manager Rob Bunnett, Recreation and Senior Services Manager Rod Lamb, Design & Development Supervisor SPEAKING GUESTS: Harry Patz, Jim Strachilla, Chris Hatch, Sam Miller, Mike McGlenn CALL TO ORDER The meeting was called to order by Commission Chair, Gordon Rogers at 6:30 PM. AGENDA: It was agreed to amend the November Agenda as follows: Move: Agenda Item III — A to Agenda Item IV — A Move Agenda Item III — B to Agenda Item Vill — A Add: Agenda Item III — B: Project Timeline — Lynne Givler: Add: Agenda Item III — C: Presentation — Rod Lamb Add: Agenda Item IX — A: NRPA Archive Grant — Discussion Re -number Revised Agenda accordingly and distribute. II. MINUTES: The October 15, 2009 minutes were approved as submitted. There was a ,request to email minutes in Word document form as opposed to PDF. This will be done for Commission members only as Word documents can be altered. III. PUBLIC INPUT/COMMUNICATIONS: NONE IV. SOUTH FORK PARK A. Correspondence — Bicycle/Pedestrian Advisory Committee, Jeff Margolis, Chair Correspondence from Jeff Margolis, Chair, Bicycle/Ped Adv. Committee was distributed to Commissioner's in the meeting packet. Gordon called for discussion. The Commission would like to make note in the minutes how well written the letter is and that the support is greatly appreciated. B. Project Timeline — Lynne Givler: Lynne provided a handout (Attachment A) of the South Fork timeline from general park planning in 1968 to property acquisition starting 1993 on through the present. She provided a brief synopsis of highlights of the property acquisition, access related issues and County Executive's recent request to DNR for a primitive trail easement for southern access to South Fork Park. Page 1 of 25 24 A letter from DNR (Attachment B) in response to Executive Kremen's request was received stating that DNR is unable to process both the Lake Whatcom and Acme reconveyance requests concurrently and based on County prioritization, will process the Lake Whatcom Reconveyance first with Acme to follow. At that time DNR will seek an agreement with Whatcom County to entertain options for work on the Acme request. The letter states that when work on the Acme request commences, DNR will entertain options requested by the County, including the requested trail easement. Lynne discussed the RCO/IAC state grant funds compliance requirement for public access to Nesset Farm. Regarding the southern access, the Whatcom Land Trust (WLT) sent a letter (Attachment C) to the County Executive stating that in June, 2007 the WILT procured a conditional assignable easement on private property for a public foot trail. The easement was granted with the clear understanding that it would be used as a supplemental access to Nesset Farm and cannot be considered the primary access to the Park. Lynne stated that this trail has not been constructed as it is contingent on a DNR/South Fork Park reconveyance. Lynne discussed the private property that separates the north and the south portions of the park. In 1999 the former Parks Director attempted to acquire an easement through this property but eventually this was denied by the property owner. It was at this point that it was determined that the DNR property access was the only way of connecting the park properties. Lynne explained that the vehicular access from the south through the Bakke Farms is non- public and restricted and is for maintenance and service only. In 2005 planning meetings began for the Comprehensive Parks Recreation and Open Space Plan. The South Fork Park was part of the Comprehensive Park Plan. Lynne called for questions Walter Lockwood asked for clarification about the DNR timeline regarding the trail easement and expressed concerns regarding the delay in DNR/South Fork Park reconveyance as a result of lengthy and complicated DNR/Lake Whatcom Watershed Reconveyance. C. Presentation — Rodney Lamb: Rod stated his presentation would piece together the physical planning efforts by the Parks Department for South Fork Park. He stated that the original plan was created between 1994 -1998. The plan describes three original properties, East Acme Farm, Goodyear/Nelson and Nesset (Galbraith/Overby) Farm. This plan places the primary development area in the Galbraith Farm off of Mosquito Lake Road that included a parking lot, restroom, picnic area and locations for future camp sites. It included a river trail along the east bank of the Nooksack river, continuing south with potential fishing access points. The trail crosses an easement through private property connecting to the Overby Farm, crosses another potential picnic area and finally connects to the Nesset Farm. The Nesset Farm included provisions for an interpretive center, fishing access and picnic area. Page 2 of 25 25 In addition to the site master plan there were plans drawn that show Nesset Farm and trail details. The plan depicts a trail from the Overby Farm into the Nesset Farm bordering the Nooksack River and continuing to the southern property boundary with locations along the trail identified for picnic, fishing access and an interpretive center. Beginning in 2006-07 planning work continued with a series of public input workshops held throughout Whatcom County. Rod reviewed the forums and comments received during those sessions, including the summary of an Acme community survey on desired recreational uses for South Fork Park. The top three majority uses were hiking trails, equestrian trails and wildlife viewing. Following these were interest in camping, interpretive exhibits, an off leash dog area, fishing and swimming river access and open play areas. Written comments received were consistent with the top three uses and included requests for low impact use, hiking and equestrian trails, protection of fish habitat, environmental education and historic interpretation. Rod stated that the plan underwent a revision to incorporate comments, added sections of DIVR lands for trail connections between the north and south parcels and identified the primary access to be from the north. The revisions to the original draft park Plan also include an improved park entrance, separated equestrian and hiking trail heads and a separate trail connecting to a multi -use trail that heads eastward to the south connection into Overby and Nesset Farm. In addition to the multi -use trail, individual hiking trails have been identified to accommodate hikers only. These will be either spur or loop trails to provide access to unique natural features and/or overlooks. Additional drawings were presented that provided more detail to the park entry, the equestrian and hiking/biking trailhead and the proposed interpretive area. The park entry shows a divided road for one way entry and exit and an information kiosk. The equestrian trail head shows provisions for ten truck and trailer parking spaces with room for expansion if needed, an information kiosk, a restroom, a picnic shelter and an accessible mounting ramp for disabled riders. The hiking/biking trailheads shows a twenty car parking lot, a restroom, a picnic shelter, an information kiosk, a trail spur for river access and connections to the multi -use trail heading to the southern park sites. The proposed interpretive area is planned to be a lower level development as most of the development would be focused on the restoration of existing buildings and interpretation of farm history. The first revisions to the original draft plan were presented in March, 2009 at an additional series of public meetings for input and information. Comments that were received at these meeting were varied to include agreement with the plan, positive suggestions for additional improvements and concerns. Page 3 of 25 26 The concerns included impacts to wildlife, increased traffic, reduction of farm lands, the type of population the park would attract, the isolated location and the staffing levels needed to address potential problems and the total development costs. After consideration and research regarding concerns, the plans were revised a second time to address as many of the new concerns as possible. The first considerations for revision were to reduce the impact on farm lands, address the isolation concerns and consider ways to reduce costs. The revisions to reduce costs and save farm lands were to co -locate the hiking and equestrian trail heads. This would reduce the footprint in the park and eliminate the noed and cost for an additional restroom and picnic shelter. Revisions made to address isolation issues were to locate the park entrance closer to Mosquito Lake Road to increase visibility and provide improved law enforcement access. Additional work was done on the presentation drawings to provide more detail regarding hiking/biking trail heads and the equestrian parking lot. There are provisions for an Overby Farm separate loop access trail provided approximately '/4 mile down the multi -use trail. The loop trail will reduce traffic through Overby Farm. It will maintain the previous alignment to the DNR properties heading south along an existing roadway and railroad bed to Overby Farm. The multi -use trail will continue to Nesset Farm. Additional detailed drawings regarding the trail sections were presented. The drawings detailed a 10 ft. wide proposed multi -use trail, an 8 ft wide hiking/biking trail from the hiking trail head that joins the multi -use trail and the final drawing detailed a section that is a 6 ft wide trail section for hiking trail heads that are spur/loop trails off the main multi -use trail. Nesset Farm remains unchanged with the focus on the restoration of buildings and historical interpretation. This revision was then presented in August, 2009 through an additional series of meetings. Comment and concerns were requested and reviewed. Concerns were raised regarding the equestrian trail head size and parking lot configuration. It was suggested that the parking should be changed to pull -through parking to increase safety and improve stock loading and unloading. There were concerns that co -locating the trail heads would result in non -equestrian park user filling up the parking spots designated for the equestrian trail head. There are a number of strategies to be explored to address the impacts the equestrian trail head parking concerns. If these concerns are to be incorporated into the plan they would not require a major revision. At this point traffic concerns were considered to determine the anticipated park attendance. The County Engineering Department was contacted to obtain a count of Mosquito Lake Road traffic. The County Engineering Department stated that Mosquito Lake Road has an approximate average traffic count of 300 cars per day with the peak load of approximately 700. Anticipated park visits were estimated to be approximately 46 on any one day. This would add 30 cars per day representing roughly a 10% increase to existing traffic. Page 4 of 25 27 He summarized the statistical differences. The foot print has been reduced 73% from 100,000 sq ft of roadway. Auto parking was reduced by 15% and trailer parking was reduced 28% by removing the loop road. Additional revisions to the August 2009 revised plan have been made in response to comments received since the last public meeting. These include maintaining both trail heads towards the northern portion of Galbraith Farm, revising the equestrian trail parking to be pull -through (not shown on drawings) and modifying the loop trail to be a spur and not a loop, which will discourage bicycles and decrease foot traffic through that area. Revisions to the Nesset Farm loop trail were identified in both options as the Land Trust stated that the original trail ran through an existing beaver pond and suggested that we focus on locating that trail within the existing field. Rod stated that at this point the Parks Department is requesting recommendations from the• Parks and Recreation Commission to accept one of the plan alternatives either "as is" or with any suggested modifications. Following a review by Whatcom Land Trust for consistency in conservation easements and RCO regarding public access requirements, the Commission's recommendation would then go to the County Executive for the approval process to begin. Rod called for questions/discussion. Del asked if there was an estimate regarding peak traffic on'weekends and holidays. Rod stated that the County Engineering Department provided a traffic count based on several months of use to determine average weekly traffic. Walt Lockwood stated that he understood the number of hurdles for the South Fork Park, not least of which is the DNR Reconveyance. He asked if there are specs on the trail leading south. Rod stated that there are not. This has only been identified as a potential trail connection. Lynne stated that it is foot trail only. Walt asked if there is there a connection to the river from the Nesset revised walking trail. Rod stated that there is not. Walt stated that, keeping good control over existing easement foremost, it is his opinion that access to the river is one of the more delightful pastimes at Nesset Farm. Gordon asked for clarification regarding the Land Trust's opportunity to review the Commission's recommendations prior to it going to the County Executive. Rod stated that because the Commission has been asked to make recommendations that may include modifications the review would be to affirm that conservation easement consistency and park entrance requirements are maintained. Del commented that it is interesting to know the progression of the park plan and that Rod has done an excellent job staying close to the original idea. He also commented that in the past ten or fifteen years access to the river has been greatly reduced. Walt asked if the multi -use trail that is approximately three miles from the trail head to the Farm is a 10-ft wide gravel trail. Rod stated that it was. Walt stated that he has expressed his concern in the past regarding 10 ft trails. Walt asked Rod if he could reiterate why the trail is 10 feet as opposed to 8 ft and could 8 ft still accommodate a multi -use trail. Rod Page 5 of 25 28 stated the Parks Department is recommending 10 ft trails based on providing better access for maintenance and emergency service vehicles and user convenience. Walt asked if there was any possibility that this multi -use trail could evolve into a public motorized use trail. He stated that a key fear expressed in public comments was that a 10 foot gravel trail could lead to public motorized usage. Rod stated that from the Department's perspective motorized use of the trail would be limited to maintenance or emergency service vehicles. Del commented that he is in full favor of 10 foot trails in terms of maintaining the trails and user comfort. Del also stated that it is important in a park setting to maintain trail width to accommodate group learning opportunities. Harry Patz was recognized and asked Walt if it was his fear that the Parks Department may allow motorized vehicles or that because it was there, the public may push to allow motorized vehicles? Walt stated that the public push to allow motorized vehicles was his concern. Gordon thanked Rod for his presentation. Gordon asked for presentations from guests. D. Presentation — Harry Patz: Harry Patz began his presentation by thanking the Commission for time on the agenda, that he is representing the South Fork Heritage Association and would like to present comments on their behalf. He provided copies of and read the document entitled Comments Presented to Whatcom County Park and Recreation Commission, November 19, 2009, Submitted by South Fork Heritage Association (Attachment D) to the Whatcom County Parks and Recreation Commission. Upon completion Gordon offered an opportunity for questions, comments or response from staff and Commissioners. Lynnea Flarry commented that the Association states they have suggestions to rectify their concerns but has not seen those recommendations presented. Lynnea asked if Harry could speak to those recommendations. Harry stated that the Association has presented their alternatives and suggestions to the Commissioners and the Parks Department but that he did not come prepared to present those at this meeting, however he can discuss them in general. Harry stated that the Association would like to look at two alternatives for a main entrance. One of the alternatives would be from the Hutchinson Creek campground off of Mosquito Lake Road. Lynnea asked if there was an easement available through there. Harry stated that it was DNR land that hasn't been thoroughly vetted yet but it is clearly and topographically, along with many other aspects, a very viable option. Harry stated that this access mitigates a number of primary concerns such as traffic safety, impact on the elk herd and the impact on private property. He stated that the same goals could also be met if the Park were accessed from the south. Page 6 of 25 29 Wendy asked if their proposed entrance would lead to trails that bypass the Galbraith Farm properties. Harry stated this is correct and that the reason for this was to mitigate impact on the elk herd. He stated that limiting public access in the East Acme, northern portion of the property would avoid impact dispersion of the elk herd. It has been estimated by Fish and Wildlife that there will be approximately a 60-80% dispersion as a result of the public access in the northern portion of the property. Wendy asked how many elk were in the herd. Harry stated that was out of his expertise. Gordon asked for additional comments. Mike McGlenn, Backcountry Horsemen (BCH), was recognized. Mike commented that BCH have worked with DNR, the Forest Service, private timber companies and park departments for years to establish trail heads and maintain trails in Whatcom County and have spoken at County Council meetings to support funding. BCH have been working on two major trail projects, the South Fork Park and what they refer to as "a great circle trail". The "circle trail" consists of existing trails in the Mt. Baker/Acme area that could enable a rider to make a large circle if they were all connected. He pointed out the route to the commissioners on the Parks Department South Fork detail drawings and explained where the connections would be and how this could be accomplished. BCH will continue to work with the Forest Service and private timber companies, the Dept of Natural Resources and the County Parks Department to accomplish these desired projects He stated that the S. Fork Park equestrian trail head would allow horse and foot access to Park View Lookout, Pioneer Camp and Trapper's Meadow trailhead. He discussed the with the completion of the South Fork Park equestrian trail it could be feasible to ride out of South Fork Park for a three day pack through back country. BCH are disappointed in the size and location of the equestrian trail head. A minimum size that would accommodate a 50 ft. equestrian trailer would be twice that of the recommended plan, at approximately 5 acres. Mike also stated that keeping the parking lots and trail heads separate is important. This designates parking areas and provides safety measures to foot traffic and animals. He stated that separating the trails and having them meet further down the path will also provide an opportunity for the horses to eliminate their waste prior to meeting up with the general public. BCH have collected funds from members for several years to be devoted to trails and trail heads. They would like to state that these funds are available to the County to support the expense of having a separate equestrian trail head with a toilet and picnic area. BCH is prepared to support South Fork Park with funds and volunteer workers. Page 7 of 25 30 Mike stated that BCH recommends that the Commissioners support changing the County priority to complete the South Fork Park reconveyance prior to the Lake Whatcom reconveyance so that the Parks Department can begin development on the park. He agreed that the trail away from the river is best. BCH does not advocate horses in the hay fields or down to the river. The area outside of the proposed reconveyance is public lands all the way down to south of Nesset Farm. BCH have permission to ride on most of these public lands and will continue work to obtain permission to ride on the remainder. There is also access to the Forest Service lands and private timber company lands. Because there is so much land to access, riding to the Nesset Farm will most likely be minimal. However, BCH would like to have a hardened area at Nesset Farm where they can tie the horses and view the farm. Walt asked where they would see the connecting end to the larger public land system occurring? Mike pointed out on the Park Plan drawings the route that would accommodate that connection. There was discussion regarding the distance of the parking area from the trail head. Mike stated that this distance wasn't an issue as they will be riding horses. There was discussion regarding the Hutchison Creek campgrounds and the fact that the campgrounds are darrip and shady. BCH talked with DNR to consider the campgrounds as a stock camp but this does not look promising. The various access roads are very steep and not conducive to trucks and trailers and horses. Mike stated that private property accesses in the Mt. Baker/Acme area are not an option as property owners are not open to having numerous vehicles park at their property. Mike thanked the Commission for time to share his comments. Gordon stated he would like to move on to discussion of the Staff request for a motion and/or recommendations regarding the South Fork Park Conceptual Master Plan. Gordon stated that it is apparent that this project has been on the books for a long time and that the DNR decision regarding the reconveyance presents some difficulty regarding recommendations. Del asked for some clarification regarding the double parking area that was eliminated. Rod stated that the consolidation of the parking areas was a decision made to reduce costs and the footprint of the park on agricultural lands. Del asked if this recommendation to the Executive can allow for modifications to the plan as it moves into construction stage. Gordon stated that this is only a recommendation to the Executive to accept one or the other of the revisions. If there are several conditions attached it may weaken the strength of the recommendation and that most recommendations from an advisory group are prone to acquire conditions along the path to final approval. Page 8 of 25 31 There was additional discussion regarding the possibility of requesting that DNR move the DNR/South Fork reconeyance to the forefront due to the simplicity and allow the Park's Department to move forward with development. Del stated that he would like to make a motion. He would like to preface the motion by thanking the Parks staff for all the work that has been afforded the South Fork Park plans. He is especially grateful to the staff for informing this Commission of the time frame of the initial planning process and the additional planning that has occurred to date. He stated that this project has been in the planning stages for quite some time and that the Commission has been provided a thorough examination of the proposal and the issues involved. MOTION: It was moved by Del Lowery and seconded by Lynnea Flarry to accept the South Fork Park Conceptual Master Plan -Alternative, November 2009 and recommend that this plan move forward to the County Executive. Gordon asked for discussion. Walt stated that when the park first came to the Commission's attention he was very enthusiastic to have the opportunity to be involved in the process of developing a park of this nature. This park in the Acme valley is a beautiful addition to Whatcom County. He stated he supports the concept of the park and would endorse the motion From that standpoint. He stated that he does have some minor concerns. He understands that the motion should not have specific conditions but that the Commission may want to recognize that in endorsing the South Fork Park as drawn it will not occur absent the reconveyance and that the details of the plan will change from what is recommended at this meeting. He stated that he agrees with the BCH in that he considered the South Fork DNR reconveyance to be an easy agreement and is disappointed that it seems it is not. Walt stated that as there are unresolved issues such as the alternatives to the development of trails, the trail head options, the horse issue and the question of the DNR reconveyance that he is not sure that the Commission is in a position to endorse the plan at this time. He stated that because of his concerns he would like to make an amendment to the motion. AMMENDMENT: It was moved by Walt Lockwood to amend the motion to endorse the park plan that has been developed by the Parks Department, with the gratitude of all the efforts by the Parks Department that has been afforded this plan, but to recognize that DNR reconveyance will, need to be completed before the pieces can fall into place and that the details of how that eventually turns out will be determined in the future. Gordon called for a second to the amendment There was no second. Walt stated that hearing no second he would like to withdraw the amendment but would like to record to show the concern he expressed in the meeting. Gordon called for a vote on the original motion. MOTION PASSED: Five for, none against. Walt Lockwood abstained. Page 9 of 25 32 Lynnea asked if there could be additional discussion regarding the connectivity of the South Fork trails to the existing trails discussed by Mike McGlenn, BCH. Lynnea stated that because BCH had put a lot of effort into their presentation she would like the Commission to explore the trail options as they would be a great asset for hikers as well as horsemen. After some discussion it was agreed that this topic could be placed on December's agenda for discussion. ACTION: Add to the December 2009 Agenda for discussion the South Fork trail connections to the Backcountry Horsemen trail project in the Mt. Baker and Acme Valley area. V. DESIGN AND DEVELOPMENT REPORT — RODNEY LAMB: A. Hovander Maintenance Complex: This project was tied to moving the Park's Administration office into the Roeder Home and the maintenance crew to the Hovander Maintenance complex. Because this option has been eliminated the project is currently on hold. There is still strong argument to move the crew to a Hovander maintenance complex, however due to budget constraints, building a facility to accommodate the entire crew is not feasible at this time. There are considerations to build' a modified maintenance complex to adequately serve a regional crew. B. Hovander playground and day use improvements: Plans are progressing with a river and flood evaluation on the site locations for the proposed play area to evaluate flood elevations of the chosen sites as well as additional data on flood damage. The improvements to the accessible route from the parking lot to the Tennant Lake existing restroom facilities are still on track. Construction documents will be done in the early part of 2010. Gordon asked if the hydraulic work on this project would be done by County staff. Rod stated that it has not been determined if this is feasible but considerations are being explored. C. Olsen Nature Reserve/Lookout Mt. Trail Head: This project is progressing, and the City of Bellingham has reviewed the initial layout of the parking lot. The City reviewed the proposal with the Watershed Advisory Committee and provided comments that have been largely incorporated into a revised proposal. The project will include a 30 car parking lot, information kiosk and trailhead. A restroom will be added in a later project phase. D. Stimpson Nature Reserve Parking Lot: Meetings have been held with the City of Bellingham regarding the layout of the parking lot. The City is reviewing the proposal with the Watershed Advisory Committee. There were questions from the Watershed Advisory Committee regarding the footprint and circulation. Park staff is working with Wilson Engineering to look at ways of reducing the footprint by reconfiguring the turn around. Rod updated the Commission on budget and design specifications. Page 10 of 25 33 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-051 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 01112110 Intro Originator: E D Division Head: 01/26/10 Finance L� v Committee; JAN 0 5 2010 Council Dept. Head: WHATCOM COUNTY Prosecutor: ; -,--u COUNCIL. Purchasing/Budget: % Executive:" TITLE OF DOCUM NT.• 2010 Supplemental Budget Request #5 ATTACHMENTS: Ordinance, Memoranda & Budget Modification Requests 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.) Supplemental #5 requests funding from the General Fund. (1) To record increase in General Fund property tax revenues from Conservation Futures Fund source of $543,000. (2) To record residual equity transfer in from the Administrative Services Fund of $500,000. (3) To appropriate $5,200 in Non Departmental to fund WhatComm E911 operations grant activities. (4) To record transfer in of $153,210 from the Mental Health/Chemical Dependency Fund to fund Behavioral Unit in District Court Probation. (5) To record 1/2% reduction in expenditures funded by General Fund undedicated revenues in all General Fund departments except Superior CourtlClerk ($191,404). (6) To record transfer in of $52,000 from Conservation Futures Fund for PDR services in Planning and Development. (7) To record expenditure reductions in Planning and Development Services of $400,000. (8) To appropriate $65,500 in Planning and Development Services to fund WRL4 Grant amendment #6. (9) To appropriate $38,088 in the Sheriffs Office to fund Sex offender registration program. (10) To appropriate $12,000 in Extension to fund Strengthening Families program in 2010. Continued on next page COMMITTEE ACTION. • COUNCIL ACTION: 1/12/2010: Introduced Related County Contract #. Related File Numbers: Ordinance or Resolution Number: 34 2010 Supplemental Budget Ordinance No. 5 Agenda Bill continued: From the Whatcom County Jail Fund: (11) To record 2010 revenue adjustments in the Jail budget totaling a decrease of ($1,190,198). From the Mental Health/Chemical Dependency Fund. (12)To record revenue and expenditure adjustments in the 2010 budget in Adult Drug Court, Revenue reductions total $20,608 and expenditure reductions total $39,622. (13)To appropriate $214,409 in Superior Court to fund Family Treatment Court. From the Countywide Emergency Medical Services Fund: (14) To appropriate $395,062 to fund 2010 paramedic training class. From the Conservation Futures Fund: (15)To record reduction in property tax revenues of $543,000. From the Administrative Services Fund. (16) To appropriate $500,000 to fund residual equity transfer out to the General Fund. 35 SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DATE: 01/12/10 ORDINANCE NO. AMENDMENT NO. 5 OF THE 2010 BUDGET - REVISED WHEREAS, the 2009-2010 budget was adopted November 25, 2008; and, WHEREAS, changing circumstances require modifications to the approved 2009-2010 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2009- 2010 Whatcom County Budget Ordinance #2008-053 is hereby amended by adding -the following additional amounts to the budgets included therein: Expenditures Revenues Net Effect General Fund Non -Departmental 5,200 1,048,200 1,043,000 District Court Probation 842 153,210 154,052 District Court 9,059 - 9,059 County Council 4,997 - 4,997 Planning & Development Services 345,908 126,999 472,907 Sheriff 17,965 71,801 89,766 Juvenile Court Administration 18,928 - 18,928 Prosecuting Attorney 20,750 - 20,750 Public Defender 17,878 - 17,878 Assessor 5,835 - 5,835 Auditor 5,835 - 5,835 Treasurer 5,835 - 5,835 Health Department 14,680 - 14,680 Parks Department 13,883 - 13,883 County Executive 3,090 - 3,090 Hearing Examiner 875 - 875 Extension 10,544 (12,000) (1,456) Total General Fund (470,616) (1,412,210) (1,882,826) Whatcom County Jail Fund - 1,190,198 1,190,198 Mental Health/Chemical Dependency Fund 174,787 (79,392) 95,395 Countywide Emergency Medical Services Fund 395,062 - 395,062 Conservation Futures Fund - 543,000 543,000 Administrative Services Fund 500,000 - 500,000 Total Add'I Supplemental 599.233 241.596 840.829 C:\DOCUME-1\thelms\LOCALS-1\Temp\XPgrpwise\Supplementa1 #5-2010.doc 36 In addition, Exhibit B to the 2009-2010 Budget Ordinance entitled "Authorized Positions" should be amended to provide for the following FTEs: Add 1 FTE Clerk position and .7 FTE Substance Abuse Specialist position in the Mental Health/Chemical Dependency Fund for the Family Treatment Court program. ADOPTED this day of 12009. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: - -2 4�'l �� V. r�� sz* Civil Deputy Pr!5's5endjVvX Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: C:\DOCUME-l\thelms\LOCALS-1\Temp\XPgrpwise\Supplementa1 #5-2010.doc 37 WHATCOM COUNTY Summary of the 2010 Supplemental Budget Ordinance No. 5 Net Effect to Fund Increased Balance Expenditure (Increased) (Increase) Department/Fund Description Decrease Revenue Decrease General Fund To record increase in General Fund property tax revenues (from Non -Departmental Conservation Futures) - 543,000 543,000 To record residual equity transfer in from Administrative Services Non -Departmental Fund - 500,000 500,000 To fund WhatComm E911 Non -Departmental operations grant activities 5,200 5,200 To record transfer in from Mental Health/Chemical Dependency Fund for District Court Probation Behavioral Unit - 153,210 153,210 To record 1/2% reduction in expenditures funded by General Fund undedicated District Court Probation revenues. 842 - 842 To record 1/2% reduction in expenditures funded by General Fund undedicated District Court revenues. 9,059 - 9,059 To record 1/2% reduction in expenditures funded by General Fund undedicated County Council revenues. 4,997 - 4,997 To record transfer in from Conservation Futures Fund Planning & Development Services for PDR services - 52,000 52,000 To record expenditure Planning & Development Services reductions. 400,000 - 400,000 To record 1/2% reduction in expenditures funded by General Fund undedicated Planning & Development Services revenues. 11,408 - 11,408 Planning & Development Services To fund WRIA Grant Amendment #6 65,500 74,999 9,499 To record 1/2% reduction in expenditures funded by General Fund undedicated Sher Irevenues. 56,053 - 56,053 Sheriff To fund Sex offender iregistration 1 program 38,088 71,801 33,713 WHATCOM COUNTY Summary of the 2010 Supplemental Budget Ordinance No. 5 To record 1/2% reduction in expenditures funded by General Fund undedicated Juvenile Court Administration revenues. 18,928 - 18,928 To record 1/2% reduction in expenditures funded by General Fund undedicated Prosecuting Attorney revenues. 20,750 - 20,750 To record 1/2% reduction in expenditures funded by General Fund undedicated Public Defender revenues. 17,878 - 17,878 To record 1/2% reduction in expenditures funded by General Fund undedicated Assessor revenues. 5,835 - 5,835 To record 1/2% reduction in expenditures funded by General Fund undedicated Auditor revenues. 5,835 - 5,835 To record 1/2% reduction in expenditures funded by General Fund undedicated Treasurer revenues. 5,835 - 5,835 To record 1/2% reduction in expenditures funded by General Fund undedicated Health Department revenues. 14,680 - 14,680 To record 1/2% reduction in expenditures funded by General Fund undedicated Parks Department revenues. 13,883 - 13,883 To record 1/2% reduction in expenditures funded by General Fund undedicated County Executive revenues. 3,090 - 3,090 To record .1/2% reduction in expenditures funded by General Fund undedicated Hearing Examiner revenues. 875 - 875 To fund Strengthening Extension Families program in 2010. 12,000 12,000 - To record 1/2% reduction in expenditures funded by General Fund undedicated Extension revenues. (1,456) - (1,456) Total General Fund (470.616) (1,412,210) (1,882,826) To adjust 2010 Jail Whatcom County Jail Fund Revenue Budget - 1,190,198 1,190,198 39 WHATCOM COUNTY Summary of the 2010 Supplemental Budget Ordinance No. 5 Mental Health/Chemical Dependency Fund Superior Court To record Adult Drug Court Adjustments 39,622 20,608 19,014 Superior Court To fund Family Treatment Court 214,409 (100,000) 114,409 Total Mental Health/Chemical Dependency Fund 174,787 (79,392) 95,395 Countywide Emergency Medical To fund 2010 paramedic Services Fund training class 395,062 - 395,062 Conservation Futures Fund To record reduction in - 543,000 543,000 property tax revenues. To fund residual equity Administrative Services Fund transfer out to the General 500,000 - 500,000 Fund. Total Add'I Supplemental 599.233 241,596 840.829 M Supplemental Budget Request Status: Pending Non -Departmental Supp71 Fund 1 Cost Center 3300 Originator. County Council Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 I Name of Request. Record increase in General Fund property taxes X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance $543,000 4311.1000 Current Year Collections ($543,000) Request Total $0 1a. Description of request. On 11/24/09 the County Council adopted the 2010 General Fund property tax levy which included a reduction of $543,000 in the Conservation Futures Fund levy and an increase of $543,000 in the General Fund levy. This supplemental records the increase for the General Fund. 1b. Primary customers: 2. Problem to be solved. 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Wednesday, December 30, 2009 Rpt • Rpt Suppi Regular 41 INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: October 27, 2009 ORDINANCE NO. 2009-080 AN ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF 2010 WHEREAS, pursuant to Home Rule Charter Section 6.10 the County Executive is required to submit for Council consideration a budget. and proposed tax and revenue ordinances necessary to raise sufficient revenues to balance the budget; and, WHEREAS, the County Council has approved a budget for the 2009-2010 biennium, including all sources of revenues and anticipated expenditures; and, WHEREAS, the biennial budget has detailed listings of various revenues including property taxes; and, WHEREAS, the County Council has determined it is necessary to decrease the Conservation Futures tax levy by $543,000 for 2010 and increase the General Fund property tax levy by an off setting $543,000 for 2010 to fund essential county services; and WHEREAS, the County Council held a public hearing regarding the mid biennium review of the county budget which included property tax rates, and other revenues; NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Whatcom County Council: (A) The property taxes for Whatcom County are hereby levied and are to be charged to the assessment and tax rolls of Whatcom County; and, (B) Property taxes are levied in 2009 for collection in 2010; and, (C) The amounts collected through the County general levy shall be limited to the amount of 2009 taxes plus $543,000 and increased for the addition of new construction and improvements to property and any increase in the value of state assessed property. (D) Because the state of Washington is unable to provide the figures and documentation necessary to establish fixed levy rates, as these figures do become available from the state, levies shall be fixed per "Exhibit A" which shall be prepared by the County Assessor, and attached and incorporated herein by reference. Page 1 42 BE IT FURTHER ORDAINED, that the taxes to be levied against parcels of property within the Diking Districts, Drainage Districts, and Drainage Improvement Districts are to be credited to the individual maintenance funds for the year 2010, and the amounts to be apportioned to the original assessments for construction in said districts are as follows per "Exhibit B" attached hereto and incorporated herein by reference. BE IT FURTHER ORDAINED, that if the Washington State Legislature changes any laws affecting levies contained herein, and the Prosecuting Attorneys Office concurs, the Whatcom County administration will change such levies accordingly. day of November , 2009. 0' COUNTY O4 : WHATCOM COUNTY COUNCIL :WHATCOM CO WASHINGTON Co�> it Clerk Fleetwo d, Council Chair 4PPROVEfYA"O FORM: ( APPROVED (} NOT APPROVED Civtfir6p�rosecutor 411de-Kremen, Executive Dater / .. •619 • O Page 2 43 Supplemental Budget Request Status: Pending Non -Departmental Supp'l ID # 1040 Fund 1 Cost Center 4530 Originator. County Council Expenditure Type: One -Time Year 2 2010 Add'1 FTE ❑ Add'1 Space ❑ Priority 1 6. Name of Request: Equity transfer from Admin Services Fund X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance $500,000 9101 Res Equity Trans In - Inf ($500,000) Request Total $0 1a. Description of request: Council proposed and approved Residual Equity Transfer In from the Administrative Services Fund Balance to sustain the 2010 General Fund balance. 1b. Primary customers: 2. Problem to be solved. 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Wednesday, December 30, 2009 Rpt: Rpt Suppi Regular MA Supplemental Budget Request Status: Pending Non -Departmental Supp'I ID # 1038 Fund 1 Cost Center 4261 Originator. Suzanne Mildner Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: WhatComm E911 Operations X i W('o Department HeaU Signature ( equired on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4334.0182 State Enhanced 911 Funds ($5,200) 7220 Intergov Subsidies $5,200 1 Request Total $0 1a. Description of request. Grant funding from the Washington State Military Department to reimburse What -Comm Communication Center for eligible E911 Operating expenditures under WAC 118-66-050 (in this case, eligible professional development, operational and year end supplemental expenses). The State requires that these funds pass through the county to What -Comm. A subrecipient agreement is being created to pass these supplemental funds through to What -Comm. 1b. Primary customers: City of Bellingham, What -Comm Communication 2. Problem to be solved. The State requires that this funding be accessed by the County and passed on to the City of Bellingham before being accessed by What -Comm. The acceptance of these grant funds reduces the cost to the community for 911 services. 3a. Options /Advantages: This intergovernmental grant agreement is the only way in which to access these grant dollars on behalf of the community. 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: City of Bellingham, What -Comm 5b. Name the person in charge of implementation and what they are responsible for. Lt. Craig Ambrose, What -Comm Director 6. Funding Source: Grant funds from the Washington State Military Department Wednesday, December 30, 2009 Rpt: Rpt Suppl Regular 45 Supplemental Budget Request Status: Pending District Court Probation Supp'I ID # 1045 Fund 1 Cost Center Originator. Marianne Caldwell Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Trf in to fund Behavioral Health Unit X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance $153,210 8301.124 Operating Transfer In ($153,210) I Request Total $0 la. Description of request: District Court Probation (DCP) has proposed creating a Behavioral Health Unit to deal with mentally ill and chemically dependant probation clients. These clients absorb a disproportionate amount of probation officers time and efforts. DCP will convert two probation officer positions to Behavioral Health Unit case workers which will exclusively deal with this challenging population. This Unit is eligible for mental health/chemical dependency sales tax funding. Its creation is supported by the Mental Health/Chemical Dependency Advisory Committee members and the Executive. 1 b. Primary customers: 2. Problem to be solved: 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Wednesday, December 30, 2009 Rpt: Rpt Suppi Regular Supplemental Budget Request Status: Pending Non -Departmental Supp'l ID # 1044 Fund 1 Cost Center Originator. M Caldwell Expenditure Type: One -Time Year 2 2010 Add'i FTE ❑ Add'i Space ❑ Priority 1 I Name of Request: 112 % reduction in GF 2010 budgets Department HeA Signature ( equired on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2,910.1000 Fund Balance $191,404 6000 Expenditures ($11,408) 6000 Expenditures ($842) 6000 Expenditures ($4,997) 6000 Expenditures ($56,053) 6000 Expenditures ($18,928) 6000 Expenditures ($20,750) 6000 Expenditures ($17,878) 6000 Expenditures ($5,835) 6000 Expenditures ($5,835) 6000 Expenditures ($5,835) 6000 Expenditures ($14,680) 6000 Expenditures ($13,883) 6000 Expenditures ($3,090) 6000 Expenditures i ($875) 6000 Expenditures ($1,456) 6000 Expenditures ($9,059) Request Total $0 1a. Description of request: The County Council proposed a 1 % reduction in General Fund funded expenditures for all Executive departments in 2010. The Executive vetoed that ordinance and instead proposes a 1/2% reduction in all General Fund funded departmental budgets with the exception of Superior Court/Clerk. Amounts for all departments are as follows: District Court Probation - $842 District Court $9,059 County Council $4,997 Planning & Development $11,408 Sheriff $56,053 Juvenile $18,928 Prosecuting Attorney $20,750 Public Defender $17,878 Assessor $5,835 Auditor $5,835 Wednesday, December 30, 2009 Rp1: Rp1 Suppl Regular 47 Supplemental Budget Request Status: Pending Non -Departmental supp7 ID # 1044 Fund 1 Cost Center Originator. M Caldwell Treasurer $5,835 Health $14,680 Parks $13,883 Executive $3,090 Hearing Examiner $875 Extension $1,456 These amounts represent 1/2% of the General Fund undedicated revenues and fund balance that are financing these departmental 2010 budgets. 1b. Primary customers: 2. Problem to be solved. 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Wednesday, December 30, 2009 Rpt: Rpt Supp! Regular Supplemental Budget Request Status: Pending Planning & Development Services Administration supp9 lD Kio46 Fund 1 Cost Center 2570 Originator. County Council Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. PDR funding from Conservation Futures Department Head ignature (R quired on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance $52,000 8301.175 Operating Transfer In Request Total $0 1a. Description of request. Council proposed that costs related to purchase of development right activities in Planning and Development Services should be covered by funding from the Conservation Futures Fund. 1b. Primary customers: 2. Problem to be solved. 3a. Options / Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Wednesday, December 30, 2009 Rpt: Rpt Suppl Regular • Supplemental Budget Request Status: Pending Planning & Development Services Administration Supp'l ID # iw Fund 1 Cost Center Originator. Marianne Caldwell Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. PDS 2010 Budget Reduction Department Head Signature (Ftequired on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance $400,000 6000 Expenditures ($400,000) Request Total $0 la. Description of request. Due to the General Fund's inability to continue subsidizing planning and development activities during an economic downturn, PDS has been requested to decrease expenditures by $400,000 during 2010. 1b. Primary customers: 2. Problem to be solved. 3a. Options / Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Wednesday, December 30, 2009 Rpt: Rpt Suppl Regular 50 Supplemental Budget Request Status: Pending Planning & Development Services Natural Resources :........ , .....:.: .11 00000.:.......... Supp71D # 936 Fund 1 Cost Center 2581 Originator: Peter Gill Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority I Name of Request: WRIA Grant Amendment #6 1 Department Head Signature Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance $9,499 4334.0326 CZM Grant -Shoreline Inv ($74,999) 6630 Professional Services $65,500 Request Total $0 1 a. Description of request. In 2006 Whatcom County received a grant from the Washington State Department of Ecology to complete a detailed implementation plan, including prioritized listing of actions and recommended funding mechanisms for.the WRIA 1 Watershed Management Plan. This additional funding allows this work to continue through June 30, 2011. 1b. Primary customers: Property owners throughout Whatcom County, more specifically, those property owners who are located with the boundaries of WRIA 1. 2. Problem to be solved: There are several tasks that need to be completed which include: broadening the long term monitoring program by coordinating with WRIA 1 Salmon Recovery and complementary data gathering programs, providing educational materials and outreach about in stream flows, making use of new modeling tools, and evaluating water supply strategies and performance measures in the context of adaptive management. 3a. Options /Advantages: The other option would be to not continue this work. Providing funds for this work to continue is the best option because of the amount of work that has been done to date and future work that has been committed to be done. 3b. Cost savings: This supplemental is supported by grant funds. 4a. Outcomes: If approved the work on the WRIA program would continue through June 30, 2011 with more tasks being completed. 4b. Measures: The tasks will be completed. 5a. Other Departments/Agencies: None. 5b. Name the person in charge of implementation and what they are responsible for: None. 6. Funding Source: Friday, October 30, 2009 Rpt: Rpt Suppl Regular 51 Supplemental Budget Request status. Pending Planning & Development Services Natural Resources VON— Supp'l ID # 936 Fund 1 Cost Center 2581 Originator: Peter Gill Washington State Department of Ecology Grant #G0600298. Friday, October 30, 2009 Rpt: Rpt Supp! Regular 52 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 982254078 (360) 676-6650 October 27, 2009 To: Pete Kremen, County Executive From: Bill Elfo, Sheriff4� Re: Sex offender registration program Supplemental budget for 2009 & 2010 CAREY JAMES UNDERSHERIFF JEFF PARKS CHIEF DEPUTY ART EDGE CHIEF DEPUTY STEVE COOLEY CHIEFINSPECTOR WENDY JONES CHIEF OF CORRECTIONS RECEIVED OCT 2 9 2009 PETE KREMEN COUNTY EXECUTNE The Whatcom County Sheriff's Office has been awarded a grant from the Washington Association of Sheriffs and Police Chiefs for the period of July 1, 2009 through June 30, 2010. The purpose of this grant is to tract and verifies addresses of all registered sex offenders and kidnapping offenders under RCW 9A.44.130. This award is a continuation of the program that was started July 1, 2008. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in PU IC Safety. Supplemental Budget Request Sheriff Administration sUpp l to # 987 Fund 1 Cost Center 2978 Originator: Marvette Gwinner Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Sex offender registration program Department ead ' ature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4334.0113 Address Verifctn-Sex Offndrs ($71,801) 6110 6120 6210 -------------- 6230 Regular Salaries & Wages Extra Help Retirement -- --------•- - - Social Security $16,260 $8,000 $861 $1,856 6245 Medical Insurance $5,298 6255 Other H&W Benefits $649 6259 Worker's Comp-Interfund $379 6269 Unemployment-Interfund $75 6275 Uniforms $210 6320 Office & Op Supplies $3,000 6780 Travel-Educ Training $1,500 Request Total ($33, 713) 1a. Description of request: Washington State has provided funding to law enfordement to verify the address and residency of all registered sex offenders and kidnapping offenders under RCW 9A.44.130. This is a continuation of the program that was started in 2008. This supplemental request is to continue the program through June 2010 which funding has been appropriated. 1b. Primary customers: The citizens of Whatcom County. 2. Problem to be solved. With this program, the citizens of Whatcom County can be alerted as to the where abouts of these offenders. Citizens can go the the Whatcom County Sheriffs Office web site and go the the link provided to see where these people are located. 3a. Options / Advantages: None 3b. Cost savings: Saving Whatcom County money from the general fund with the funds provided by the State of Washington. 4a. Outcomes: Notification to the commkunity as to the where abouts of these offenders reside. 4b. Measures: �T�f�L5�91iit51L� �(+.^,tX27th�.Et`.RF.N�M�SW;'i.A}RFP[l.:.e'!4`+✓x.�..-.':,..ivp.�.^ck•..:n'.,:y.�%4"�—���.•�u:.z�esiF�.^Y:7- .+:t�3G• - cr•�i6w4:P1�.43N�M1fsSuilB. :I91Tr.�Y�fID�Ca`RF "-�.-3 Wednesday, October 28, 2009 Rpt: Rpt Suppl Regular 54 Supplemental Budget Request Sheriff Administration SupplID # 987 Fund 1 Cost Center 2978 Originator. Marvette Gwinner 5a. Other Departments/Agencies: n/a 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Washington Association of sheriffs and Police Chiefs. !m.r±�eia�e!;r�wcx,+s5ar�smaanar�ra•�ac,.cncea�:evsa; - as Wednesday, October 28, 2009 Rpt: Rpt Suppl Regular 55 Supplemental Budget Request status: Pending Cooperative Extension Supp'l ID Fund 1 Cost Center 2003 Originator. Drew Betz Expenditure Type: One -Time Year 2 2010 Add'I FTE © Add'I Space ❑ Priority I Name of Request. 2010 Strengthening Families Program X Department Head Signature equired on Hard Copy Submission) Date costs: Object Object Description Amount Requested 6120 Extra Help $7,680 6230 Social Security $588 6259 Worker's Comp-Interfund $77 6269 Unemployment-Interfund $23 6320 Office & Op Supplies $632 7140 Meeting Refreshments $3,000 8301 Operating Transfer In ($12,000) Request Total $0 la. Description of request: Strengthening Families Program is a series of 7 classes for families with 10-14 year old youth. Each class has 3 segments. Parents and youth meet separately for an hour and then the families meet together for an hour. A community meal is served to start the program and child care is provided by volunteers for younger children. -rhe model is internationally recognized as a best practice for adolescent substance abuse prevention and also the reduction of other anti -social behavior. The class focuses on increasing positive parenting skills, parent -youth communication and peer resistance skills in the youth. -there is a strong focus on setting goals for future and family problem solving. This request will fund three 7 week series. They will take place in Ferndale, Meridian School District and Mount Baker School District. This is based on a contract with Whatcom County Health Department implemented July 1, 2009. 1b. Primary customers: Families with 10-14 year old children who live in the service areas. 2. Problem to be solved. This program addresses family management issues and youth substance abuse prevention as identified areas of concern by the county substance abuse prevention plan for the 2008-2010 biennium, 'rhe Substance Abuse Prevention board identified this area as a high priority and the funds come from the Health Department. 3a. Options /Advantages: There are no alternatives to this high quality program in Whatcom County. This program has a proven track record here and families trust its quality. 3b. Cost savings: Washington Public Policy Institute and the Prevention Research Center at Penn State University consider $6000 per participating youth a reasonable estimate for cost savings from substance abuse related crimes over a lifetime. We anticipate that 25-30 youth will complete the program, resulting in a possible savings of up to $180,000 for this program in a six month period. Wednesday, December 30, 2009 Rpt: Rpt Supp! Regular 56 Supplemental Budget Request Status: Pending Cooperative Extension Supp'I ID # 1034 Fund 1 Cost Center 2003 Originator. Drew Betz 4a. Outcomes: We will measure the following: 1. Weekly attendance for all participants 2. Pre and post program measures for all adult and youth participants 3. Implementation details, costs of meals, volunteer time, etc. 4. Demographics of the participants The pre-tests are done at week 1 and the post-tests week 7. 4b. Measures: All of our evaluation data is sent to the state SFP office at WSU for analysis upon completion of the program. An outcome report is prepared for each series and an aggregate report is completed at the end of the 3 classes. The demographic data and attendance is entered onto a data management website by our coordinator as required by the contract with the health department. That data is entered monthly while the services are being delivered. 5a. Other Departments/Agencies: Whatcom County Health Department funds this program to support the county Substance Abuse Prevention Plan. Our partners for the coming 6 months are Ferndale Community Resources, Ferndale Boys and Girls Club, Meridian School District and Mount Baker School District. Families in each program will provide positive impact on their own kids and the youth who associate with them. It will reduce negative behaviors and support pro -social behavior in parents and youth in and out of school. 5b. Name the person in charge of implementation and what they are responsible for. Lucy Morse, Ferndale Community Services, Recruiting and volunteer support for childcare. Linda DuBois, Meridian and Mount Baker School Districts, recruiting and site coordination. Virginia Malmquist, Meridian School District, recruiting and site coordination. Lindsay Poynter, Mt Baker SD, recruiting and site coordination. 6. Funding Source: Whatcom County Health Department. This agreement was initiated July 1, 2009 and ends June 30, 2010. This supplemental request gives us the authority to spend the remainder of the funds by the end of funding cycle. Wednesday, December 30, 2009 Rpt: Apt Supp! Regular 57 Supplemental Budget Request status: Pending Jail Supp'I ID # 978 Fund 118 Cost Center Originator. Marianne Caldwell Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 I Name of Request: Adjust 2010 Jail Revenue Budget X- 410 Department Head Signature Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($1,190,198) 4313.7200 Juvenile Criminal Justic $613,226 4337.0002 Other $81,705 4338.2300 Intergovernmental Revenue $54,811 4338.2102 Intergovernmental Revenue ($1,200) 4338.2300 Intergovernmental Revenue $486,130 4338.2302 Intergovernmental Revenue ($48,004) 4341.0004 Work Crew Fees 4341.6900 Copy Fees ($50) 4341.7003 Indigent & Damage Rev 4342.3320 Security of Persons & Property Fees $416 4342.3605 Security of Persons & Property Fees ($500) 4342.3300 Security of Persons & Property Fees $7,436 4369.9001 Miscellaneous Revenues $17,988 8301.108110 Operating Transfer In Request Total $0 la. Description of request. This supplemental was previously included in 2010 Supplemental #2 but the line item was inadvertantly left out of the Jail Fund totals. This request is a resubmission to adjust 2010 budgeted revenue amounts in the Jail Fund. 1 b. Primary customers: 2. Problem to be solved. 2010 revenue amounts need to be adjusted in order to better manage the Jail budget. The following significant changes need to be made: -Due to a downturn in the economy, sales tax receipts are much lower than budgeted. (-$613,226) -Prisoner room and board amounts are lower due to a greater percentage of felony offenders being housed and lower than expected per diem rates. Per diem rates are a function of projected bed days and expenses. Prior year per diem rates included Main Jail building depreciation. The Main Jail is now fully depreciated so that expense decrease is offsetting other expense increases. Per diem rates are expected to remain about the same as 2009 amounts. (-$486,130) - the Jail lost Title III funding for one forest service work crew during 2009 and Bellingham City Parks did not renew its work crew contract due to economic conditions. Even though other smaller contracts are expected to be obtained, it necessitates a decrease in the Work Crew program revenue budget of Wednesday, December 30, 2009 Rpt: Rpt Suppl Regular Supplemental Budget Request Status: Pending Jail Supp9 io # spa Fund 118 Cost Center Originator. Marianne Caldwell $123,952. -Other miscellaneous adjustments result in $33,110 of increases to the revenue budget. 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Wednesday, December 30, 2009 Rpt: Rpt Suppi Regular 59 SI.Ipplemental Budget Request status: Pending Superior Court supp7ID # s�7 Fund Cost Center 124200 Originator: N.F. Jackson Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority Name of Request: Adult Drug Court Adjustments X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4333.1601 Federal Grants - Indirect 4334.0466 DASA - CJTA $35,000 4342.3602 Drug Court Fees ($6,990) 6110 Regular Salaries & Wages ($16,407) 6210 Retirement ($1,629) 6230 Social Security ($1,255) 6245 Medical Insurance ($2,649) 6255 Other H&W Benefits ($451) 6259 Worker's Comp-Interfund ($182) 6269 Unemployment-Interfund ($49) 6630 Professional Services $16,000 6630.906 Professional Services ($35,000) 6780 Travel-EduclTraining $2,000 Request Total ($19,014) 1a. Description of request: The request is for additional professional services in the amount of $16,000 for urinanylis accountability prescribed by the decade -long successful treatment plan in use. 1b. Primary customers: 2. Problem to be solved. The present level of urinanylis is inadequate to provide for increased client base. The request is for additional professional services in the amount of $16,000 for urinanylis accountability prescribed by the decade -long successful treatment plan in use. 3a. Options /Advantages: Reduced UA's. The key element of any successful drug court is ACCOUNTABILITY. This means FREQUENT UA's, random, including weekends, and multi -level testing to detect not only controlled substances but alcohol and even slight usage of marijuana. 3b. Cost savings: 4a. Outcomes: The required level of accountability that is the cornerstone of successful case management will continue. 4b. Measures: Wednesday, October 21, 2009 Rpt: Rpt Suppl Regular Supplemental Budget Request Status: Pending Superior Court Supp'l ID Fund Cost Center 124200 Originator. N.F. Jackson 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Mental Health Tax Fund Wednesday, December 30, 2009 Rpt: Rpt Suppl Regular 61 Supplemental Budget Request Status: Pending Superior Court Supp'l ID # 915Fund 1 Cost Center 124300 Originator: N.F. Jackson Expenditure Type: One -Time Year 2 2010 Add'1 FTE ❑ Add'1 Space ❑ Priority 1 Name of Request: Family Treatment Court X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4334.0041 State Grants ($100,000) 6110 Regular Salaries & Wages $80,143 6120 Extra Help $3,000 6210 Retirement $5,014 6230 Social Security $6,360 6245 Medical Insurance $23,817 6255 Other H&W Benefits $3,474 6259 Workers Comp-Interfund $1,282 6269 Unemployment-Interfund $249 6320 Office & Op Supplies $1,150 6510 Tools & Equip $3,500 6520 Software $400 6630 Professional Services $72,520 6780 Travel-Educrrraining $3,000 7140 Meeting Refreshments $500 8351 Operating Transfer Out $10,000 Request Total $114,409 la. Description of request, Establishment of Family Treatment Court (20 parents), to consist of a 0.25 Drug Court Coordinator, a 0.75 Case Manager, a 1.0 FTE Clerk and extra help (UA monitoring), supplies, training, a computer and printer and graduation refreshments.. Professional Services include contracts for Contract Treatment over entitlements, ($5,000) Contract UA's, ($17,520, for expanded screen) Contract for provider to attend drug court, ($11,000) Contract mental health intake assessment & counseling ($12,000) Contract coached theraputic supervised visitation, ($27,000) 1b. Primary customers: Indigent parents in dependencies. 2. Problem to be solved: Family Treatment Court presently has NO dedicated case management staff and inadequate services Wednesday, October 21, 2009 Rpt: Rpt Suppl Regular 62 Supplemental Budget Request Status: Pending Superior Court W. Supp'I ID # 915 Fund 1 Cost Center 124300 Originator. N.F. Jackson provided by DSHS. 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: Clients will receive intensive multi -discipline case management services with increased accountability through urinanylsis. 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Mental Health Tax Fund Wednesday, December30, 2009 Rpt: Rpt Suppl Regular 63 Supplemental Budget Request Status: Pending Non -Departmental Supp'1 lD # 1036 Fund 130 Cost Center 130100 Originator. Marianne Caldwell Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 I Name of Request. Fund 2010 Paramedic Training Class I Department Head Signature (ReqLdred on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($395,062) 7210 Intergov Prof Svcs $395,062 11 Request Total $0 la. Description of request. Add funding for a 2010 paramedic training class to the EMS budget. 1b. Primary customers: Paramedic trainees for Medic One 2. Problem to be solved. The funding for the 2010 paramedic training class was left out of the 2010 EMS budget adjustment request that went forward to Council on 10/27/09 in 2010 Supplemental #2. Subsequently, the EMS Advisory Board meeting was held on 11113/09. After listening to discussions relating to the need for the class, Executive Kremen decided to put the request forward to Council. 3a. Options /Advantages: Delaying the class until 2011. 3b. Cost savings: It's less expensive to do the class in 2010 while there is an agreement in place for no wage increases than to wait until 2011. 4a. Outcomes: 6 more trained paramedics will be available by the end of 2010. 4b. Measures: Paramedic trainees will pass all certifications and requirements by the end of 2010. 5a. Other Departments/Agencies: This request impacts the Bellingham Fire Department/Whatcom Medic One. Trainees belong to Whatcom Medic One. 5b. Name the person in charge of implementation and what they are responsible for: Randy VanderHeiden, Division Chief of EMS, Whatcom Medic One is responsible for overseeing the class. 6. Funding Source: Countywide EMS Fund Wednesday, December 30, 2009 Rpt: Rpt Suppl Regular •A Supplemental Budget Request Status: Pending Non -Departmental Supp'l !o # 1042 Fund 175 Cost Center 17500 Originator. County Council Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Record decrease in Conservation Futures levy I X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($543,000) 4311.1000 Current Year Collections $543,000 Request %tal $0 la. Description of request: On 11/24/09 the County Council adopted the 2010 General Fund property tax levy which included a reduction of $543,000 in the Conservation Futures Fund levy and an increase of $543,000 in the General Fund levy. This supplemental records the increase for the General Fund. 1b. Primary customers: 2. Problem to be solved: 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Wednesday, December 30, 2009 Rpt: Rpt Suppl Regular 65 INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: October. 27, 2009 ORDINANCE NO. 2009-078 AN ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR CONSERVATION FUTURES PURPOSES FOR 2010 WHEREAS, pursuant to Home Rule Charter Section 6.10 the County Executive is required to submit for Council consideration a budget and proposed tax and revenue ordinances necessary to raise sufficient revenues to balance the budget; and, WHEREAS, the County Council has approved a budget,.for the 2009-2010 biennium, including all sources of revenues and anticipated expenditures; and, WHEREAS, the biennial budget provides detailed listings of various revenues including property taxes; and, WHEREAS, the County Council has held a public hearing concerning the biennial budget, the property tax rates, and revenues included therein. NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Whatcom County Council that amounts collected through the County Conservation Futures levy shall be limited to the amount of 2009 taxes less $543,000, plus any increase for the addition of new construction and improvements to property and any increase in the value of state assessed property. A propertytax increase, in addition to the amount resulting from the addition of new construction and improvements to property and any increase in the value of state -assessed property, is hereby authorized for the 2010 levy in the amoun``of�W jaw4543 000, which is a percentage decrease of (56.7)% from the previous year. 141 Y (10' HFiI`ttQa� day of November , 2009 CO N C) _ WHATCOM COUNTY COUNCIL WHATCOM COLTS TY„ WASHINGTON Dan BkovDn; vi3-Cou0il Clerk Seth Flee ood, Coif'ncil Chair APPROVVV�fiW RM: ) NOT APPROVED Kremen, Executive Date: /a - 0 1 - d '� Page 1 •• Supplemental Budget Request Status: Pending Administrative Services Administration .. Supp7 ID # 104s Fund 507 Cost Center 507100 Originator: County Council Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 I Name of Request: Equity transfer to General Fund I X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2880.1000 Retained Earnings ($500,000) 9201 Residual Equity Trans -Out $500,000 Request Total $0 la. Description of request. The Council proposes transfering $500,000 of residual equity from the Administrative Services fund balance to stabilize the General Fund during 2010. This equity was originally transferred in to start the fund in 1994. 1 b. Primary customers: 2. Problem to be solved: 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Wednesday, December 30, 2009 Rpt: Rpt Supp! Regular 67 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-057 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: G Z/ l 0 1/26/10 Finance, Council Paula J. Cooper FED) C E � � ��C 'G' D 1�� �! Division Head: Jon Hutchins Dept. Head. PrankAbart 7/ JAN 10 2010 Prosecutor:WHATCOM Daniel Gibson dlo 01/07/10 NTY COU Bb 01/10/10 COUNCIL Purchasing/Budget: Brad Bennett O Executive: Pete Kremen - TITLE O DOCU ENT: Contract for Services —Phase HAcme Early Chinook Restoration ATTACHMENTS: Professional Services Agreement with Northwest Hydraulic Consultants SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (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 contract provides consulting services for additional work on a second phase of the Acme Early Chinook Restoration project which will include geomorphologic analysis and conceptual design of a habitat restoration and flood hazard reduction project on the South Fork Nooksack river near Acme. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. m WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 0 R 0 l o0/Ol2 Originating Department: Public Works River and Flood Contract Administrator: Paula J. Cooper Contractor's /Agency Name: I Northwest Hydraulic Consultants Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes X No If yes, associated Whatcom County grant contract number(s) _200805039 Is this contract the result of a RFP or Bid process? Yes x No _ If yes, RFP and Bid number(s) _2009-01 Contract Amount: (sum of orig contract amt and If a Professional Services Agreement is more than $15, 000 or a Bid is more than any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting memo. $ 73.000 Any amendment that provides either a 10% increase in amount or more than $10, 000, This Amendment Amount: whichever is greater, must also go to Council and will need an agenda bill and $ supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ Scope of Services Provide consulting services on a second phase of the Acme Early Chinook Restoration project which will include geomorphologic analysis and conceptual design of an integrated fish habitat and flood project on the South Fork Nooksack river near Acme. Term of Contract: 1 Expiration Date: June 30, 2011 Contract Routine Steps & Sienoff [sien or initial! !indicate date transmitted 1. Prepared by: Christina Schoenfelder Date 114110 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date 01/07/10 [electronic] 3. AS Finance reviewed: bbennett Date 01 /11 /10 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff.• Daniel L. Gibson Date 01 /07/10 7. Contractor signed: ,,,� Date /- / 1- to 8. Submitted to Exec Office ,/ Date /.-ly-lo [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 this form may need to expand to more than one page We WHATCOM COUNTY PUBLIC WORKS DEPTARTMENT 322 North Commercial Street, Suite 120 Bellingham, WA 98225-4042 �'0M co s 0 ►-�i I #iTi CS7 7_T`►1_ IN iT TO: The Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Frank M. Abart, Public Works Director A� FROM: Paula J. Cooper, River and Flood (Manager Jon Hutchings, Assistant Director-h- Frank Abart Director RECEIVED JAN 14 2010 PETE IREMEN COUNTY EXECUTIVE RE: Phase II Acme Early Chinook Restoration Professional Services Agreement with Northwest Hydraulic Consultants DATE: January 13, 2010 Enclosed are two (2) originals of a Professional Services Agreement between the Whatcom County Flood Control Zone District and Northwest Hydraulic Consultants (NHC) for your review and signature. ■ Requested Action Public Works respectfully requests that the County Executive, following approval by the FCZD Board of Supervisors, enter into a contract for the sum of $73,000 with Northwest Hydraulic Consultants for engineering design of an integrated fish habitat and flood project on -the South Fork Nooksack River near Acme. ■ Background and Purpose This summer, the first phase of the Acme Early Chinook Restoration project was constructed on the former Riverview Park property in Acme. The project consisted of installing a large woody debris structure along 300 feet of bank to slow lateral migration and improve fish habitat. Construction of the project was considerably less than the cost estimate developed by the design consultant, so we propose to utilize the unspent grant funding for a second phase to further improve habitat and hydraulic conditions in the project area. The second phase could include various components ranging from removal of riprap, to installation of additional large woody debris. The final project design will be selected based on the cost estimates developed for each potential component and the remaining grant funding. The proposed agreement provides for alternatives analysis, engineering design and cost estimating for the potential component projects identified for Phase II. 70 ■ Funding Amount and Source The contract amount is $73,000. Funding for the contract is through a Washington State Salmon Recovery Funding Board (SRFB) grant which requires a 15% match. The FCZD Advisory Committee will be discussing this project at their January meeting to consider a recorrimendation for cost -share with the Acme/VanZandt Subzone; I will provide this information at Finance Committee. ■ Consultant Selection In April, 2007 Whatcom County selected Wilson Engineering as the prime contractor for design of the project. Northwest Hydraulic Consultants (NHC) was a subcontractor to Wilson and was tasked to do the majority of the hydraulic and geomorphologic analysis and conceptual design while Wilson was to survey, develop the basemap, and provide detailed plans and specifications. As the project progressed, it was determined that 30% designs were sufficient to take to construction, with engineers directing work in the field. This resulted in little work for Wilson after the initial survey and basemap tasks were completed. Since the contract with Wilson has expired and the scope of work does not include any additional work for Wilson, we propose that the new contract be directly with NHC as this work is a continuation of work already performed by them. Wilson Engineering is supportive of this approach. Please contact Paula Cooper at extension 50625, if you have any questions or concerns regarding the terms of this agreement. Encl 71 ComMCTOR OFUGINAL Whatcom County Contract No. ,col ool OI Z CONTRACT FOR SERVICES Phase II Acme Early Chinook Restoration Northwest Hydraulic Consultants , hereinafter called Contractor, and Whatcom County Flood Control Zone District, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8 Exhibit A (Scope of Work), pp. 9 to 10 , Exhibit B (Compensation), pp. 11 to 13 Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the day of 2010 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30th day of June , 2011 . The general purpose or objective of this Agreement is to: provide additional alternatives analysis and design work on a second phase of the Acme Early Chinook Restoration project, an integrated fish habitat and flood proiect on the South Fork Nooksack river., as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial.term of this agreement or for any renewal term shall not exceed $ 73,000 . The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of 12010. CONTRACTOR: Northwest draulic Consultants Je 190 nson, rincipal STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this 1 day of.laYN�at 2010 before me personally appeared h ho me known to be the PI"1 vilGt pry (title) of OOVIA a c, o V 4Company) and who executed the above in rument and who acknowledged to me the act of signing and sealing th reof. a - wc� NOTARY PUBLIC in and for the State of Washington, residing at Se a..tf'(R- W& My commission expires R —19 a..01 I. Contract for Services Agreement Phase II Acme Early Chinook Restoration Page 1 v 1.0 72 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT: Recommended or Approval: i 4a to rank Abaft, Public Works Director Date Approved as to form: b5��' &L", 01 /418 Daniel L. Gibson, Prosecuting Attorney Date Approved: Accepted for Whatcom County Flood Control Zone District: By: Pete Kremen, Whatcom County Executive on behalf of the Whatcom County Flood Control Zone District STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2010, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Northwest Hydraulic Consultants Jeffery Johnson, Principal Mailing Address: 16300 Christensen Road, Suite 350 Seattle, WA 98188-3418 Contact Name: Jeffery Johnson Contact Phone: (206)241-6000 Contact FAX: (206)439-2420 Contact Email: JJohnsonOnhc-sea.com Contract for Services Agreement Phase II Acme Early Chinook Restoration Page 2 v 1.0 73 GENERAL CONDITIONS Series 30-39: Provisions Related to Administration of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to three years, and for a total of no longer than six years. 11.1 Termination for Default: Not Applicable 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. Contract for Services Agreement Phase II Acme Early Chinook Restoration Page 3 v 1.0 74 The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/sheAt maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further Contract for Services Agreement Phase II Acme Early Chinook Restoration Page 4 v 1.0 75 agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: Not Applicable 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, to the extent such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Contract for Services Agreement Phase II Acme Early Chinook Restoration Page 5 v 1.0 76 Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington, The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Paula J. Cooper, P.E. River and Flood Manager 322 N. Commercial Street, Suite 120 Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: The Contractor further certifies, by executing this contract, that neither it nor its principles is presently debarred, suspended, proposed for debarment, delcared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily Contract for Services Agreement Phase II Acme Early Chinook Restoration Page 6 v 1.0 77 excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" is available to research this information at http://epls.amet.gov/. 38.3 E-Verify: Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. Contract for Services Agreement Phase 11 Acme Early Chinook Restoration Page 7 v 1.0 78 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement Phase II Acme Early Chinook Restoration Page 8 v 1.0 79 EXHIBIT "A" (SCOPE OF WORK) Northwest Hydraulic Consultants, Inc. (NHC) has been assisting the Whatcom County with the design of large woody debris (LWD) features to provide integrated fish habitat and flood benefits within the South Fork of the Nooksack River upstream from the town of Acme. In 2009 NHC and the County successfully designed and built two major log jams within this reach. Preliminary concepts were also developed for several additional sites but were not carried to final design or construction. Whatcom County would like to proceed with several of these projects and has asked NHC to lead the design. The goal is to construct the projects in the summer 2010. Specific tasks to be completed by NHC are described below. TASK 1 — PROJECT MANAGEMENT Progress Reports, Billings, and Coordination NHC will prepare monthly invoices that will include a brief progress report that describes major activities, anticipated actions, and any outstanding issues that need to be resolved. NHC will coordinate work activities with Whatcom County. Quality Assurance Reviews NHC will provide Quality Assurance (QA) review of all memos, reports, and other significant work products. County personnel will be encouraged to comment on draft products. NHC will review the comments and refine the documents before preparing final documents. Meetings It is assumed that NHC will participate in up to five project meetings. The purpose these meetings are listed below. 1. Initial meeting or conference call with County staff to prepare for a stakeholder work session. 2. A stakeholder work session will be held to involve Salmon Recovery staff and Sub -Zone members. The purpose of this meeting is to discuss concepts under consideration, receive input on preferences and priorities, and select priority project elements that are feasible with the available time and budget. 3. Meeting or conference call with County staff to discuss 30% (permit ready) designs. 4. Meeting or conference call with County staff to confirm final design. 5. One additional meeting for yet an unknown purpose. TASK 2 — BANK PROTECTION / HABITAT DESIGN Site Visit & Survey Members of NHC's design team will meet with County staff to inspect the site and assess current channel conditions. NHC will then conduct a topographic and bathymetric survey of the project reach, capturing enough detail to construct a hydraulic model and design each of the potential elements. Three days have been allocated to perform the survey. Alternatives Development NHC will work with County staff to refine/develop concepts in preparation for a stakeholder work session. During Phase 1, conceptual plans were developed for several of the potential project elements, see Figure 1. These concepts will be refined as needed and additional concepts developed with enough detail to estimate cost, constructability, and benefit. Up to five project alternatives will be developed for the stakeholder work session. Together with the stakeholders, the County and NHC will select which alternative(s) to carry through to final design and construction. Hydraulic Analysis While an existing HEC-RAS model of the river channel does exist, we recommend building a simple 2-D hydraulic model of the project area to examine existing conditions and alternatives. The model will be used to estimate hydraulic data needed to design each project element and assess channel stability. Permit Ready Design Permit ready designs will be prepared for project elements selected during the stakeholder workshop. Drawings, estimates, and specifications will be provided to the County for review and comment prior to preparing final design documents. Final Design Documents Final plans, specifications, and construction estimates will be prepared to a level of detail adequate to allow the County to construct the project using contractors and equipment retained on a time and materials basis. Drawings prepared during the final design phase will be stamped by a P.E. registered in the State of Washington. Contract for Services Agreement Phase II Acme Early Chinook Restoration Page 9 v 1.0 80 Final Design Report A final design memorandum will be prepared to describe the design and will be stamped by a P.E. registered in the State of Washington. TASK 3 — CONSTRUCTION SUPPORT AND GUIDANCE NHC's project designers will work with County staff to provide guidance during construction. This may include: • General project understanding • Log placement: site location, orientation, and selecting appropriate log(s) for each feature • Ballast requirements and anchoring methods • Construction access We have included an allowance for the project designer and engineer to be on -site for a portion of the construction period. The actual time spent on site by NHC staff is flexible and will depend upon the desire and confidence of the County crews. A summary of the anticipated schedule is detailed in the following sub -sections. Pre -Construction Walk -Through NHC's project designer and engineer will travel to the site prior to or on the first day of construction to walk the project site with the County's lead project engineer and any private contractors that have been retained to assist in the installation. NHC will assist in staking locations of key features of the design. Construction Guidance The allowance provides for NHC's designer or engineer to be on site to provide construction guidance for up to 8 working days during the installation of the various project elements. As noted previously, the number of days that NHC will actually spend on site during construction will be determined by the County's on -site lead project engineer. The County will be responsible for all construction supervision. Figure 1. Concept Locations for Phase II Acme Early Chinook Restoration Contract for Services Agreement Phase II Acme Early Chinook Restoration Page 10 v 1.0 81 EXHIBIT "B" (COMPENSATION) nhc -- Northwest Hydraulic Consultants Inc. Estimate of Professional Services 16300 Christensen Road, Suite 350 Prepared for: Whatcom County Seattle, WA 981883418 Project: S.F Nooksack Bank Protection / Habitat - Phase 2 Tel. (206) 241-6000 Date: January 6, 2010 Fax (206) 439-2420 Project #: Prepared By: Erik Rowland / Jeff Johnson TASK DESCRIPTION Totals Principal Sr. Engineer Engineer Jr. Engineer Tech. Clerical 1.0 - Project Management Progress Reports, Billings, and Coordination 2 8 2 $1,606 Quality Assurance Reviews 3 4 $1,341 Meetings 8 16 16 $6 464 Total = $9,401 2.0. Design Refinement Silo visit 10 10 10 $5,176 E'To ra 11id'andea efric.Su =.c°' .sF' sx<: _ x_.�..-,_ .:.�.•r�'� ?: •k ��._ :w?a r _ 32n:�:-�.s.. 2 :tip �w...� ? =- __._�,a�:-��_. _ �.a,,,.. $6'S26'- ._�. Alternatives Development 4 16 32 8 $8,384 Hydraulic Analysis 4 8 32 $5,011 30% (Permit Ready) Design 2 4 48 8 4 $8,260 Final Design 2 8 40 $6,781 Final Design Report 4 16 16 4 $5 887 Total - $46,024 3.0 - Construction Support and Guidance Pre -Construction Walk -Through 10 10 $2,891 Construction Guidance 20 60 $10 796 Total - $13,688 Total Hours 1 35.0 1 108.0 1 280.0 1 72.0 1 4.0 6.0 Rates 1 $228.48 1 $163.79 1 $125.34 1 $104-79 1 $86.85 1 $73.2.1 TOTAL LABOR COST (NHC) $69,112 ..� . ! ty-..- [Inl. h ..p _ .r.>. ,::d::: n'rR •.+ur..� _ s:4:a �,�.. - •.'t, __ .1Y+ ,.:�5-.i• A ,nl :'air.. _ ! , '�! .. :,S S ... I - r ".`r`>'. "'% ' r.. �,4 ..-7"+: r'c d,l•' .!.:- •rrr+'-S; :r;," r,.., .... ! .. .., 4 . � . .... : ...].. ! d , e {. , i, r . :N r . ,..,..... . +:'` _s, :+'9-:,:n ��.> ":: T' • r S din •^s - J.. ..r •ai4r. i,il'`�'. 'It'�'�t s �,•I�.ti�tt,,,:..t. .a a l..-...I. �Z'WA4ao :.T_.. a ,. t n.. +F,:,.rSn� ..,,.:..il'::rr...+•. �,..ar L,. •.r.i.a .....,.,e.......,:rtr> ?!6� . :..k�.+,m. .Lilr.,: i.,.k:'s.x.d..i'.,....p. ,.J;i; i:]'fl�:- kx :9':0•,1ii�!�1'�.: !kt' Direct Expense Detail Units Rate Cost , v:_. _� .. .. ._. •Z- -- - r�-,:.'nx.. .;�-.::".-:ate.... ..: '.::,:: ;y. r.Y_...-na a,:-s - r" - ..... -. _. .. n-.&r..__. _ ,n�.vx _. --i- Lt.•.-.-:.: ..i.. .. It -: _: FF2 „_�. r_ :u'f .T'in ,i. - - ��•- �,C,�t`.::<'.- a,Y�Yr - "�FK'Aa �;}�"'q:i:�'°_`<'. y'.-_:.>:vi ::S,Ya3A.:..-.v:d...,b'1.,....+.�.s-_F;:vr-�r�.-.��-,•v„�.v.�..._... ✓.`.... _,.c_...-3. .Y".v.:'o- h.) r.�'cs. ::=^-n;f»3 cv:.::` '..�•r..�._.F-`�,Y�'_ .l�"i ":K'1 ^•Sv'.3'.T r-Y--i �sY'••sa t:-r�c.d.t,. •.x.-�:r.�et», �:.�._`-F.2 �:.= General Expenses Mleage 2200 0.500 $1,100 Per Diem 6 100.000 $600 Reproduction & Communication $200 General Expenses Total = $1,900 Survey Equiment and Expenses Bathymetric Survey Package 2 350.00 $700 Pontoon Boat 2 125.00 ' $250 Truck 2 45.00 $90 Mleage 300 0.450 $135 Per Diem 2 100.000 ' $200 5urvej�ng:_E�ei��es Total ;�� ?xS1;3i5 �'4. TOTAL EXPENSES (NHC) $3,275 .. !-..._.:�., :. 'e..�.. .. -via :a: _,.., ._a„-.�.,�_, �..: .-,.:.. .s:=-."e�. ter.•:•:. _ - _ _ v.J.:. - - - __ •,,ok . d .. r• {r_. �.,. --f. _—•.�.. .t'��..- .._..a '.4.,__-. ..r_�s:c-:r :-.r_:-.. .. - :h. P - _ - - C;�: - _ ,s.. �_�,-,.v.,a'�,.sa ac_..r.....-a '`�i .,...,...s_r,. •..-....._ ..,.ar ,.... .+,. .�.:.-_:..: ...-'e'. �.s,:. �.: - ;<a:.�x..-.' - ,+.`s'::F='=ti:dk,�i�'':�'.. - ;,$i>;i•_ G.m':t`�s-`� _ ,s3._ "-if �=s CostSurnmary AS .-. •1 ...- .. r. ». i4. ._ _.. :Y _ ... `sY -_ ..,. > ._ f-... k:.. , .. _a e..+.::>::��:-vv <�r .. - y\:r:� %4: �_�.:. _ _ ''1=�v.,�`r..�-•' NHC Cost Summary Total Labor $69,112 Total Direct Expenses $3,275 TOTAL COST (NHC) $72,3117 Contract for Services Agreement Phase II Acme Early Chinook Restoration Page 11 1.0 82 As consideration for the services provided pursuant to Exhibit A, Scope of Work, the County agrees to compensate the Contractor according to the hourly rates provided below. These rates may be adjusted with the County's approval annually. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed as described here: • Mileage will be reimbursed at IRS rate • Lodging and per diem reimbursement will be at a rate not to exceed the GSA rate for location services are provided • Reimbursement for air travel will be at coach rates Subconsultants, materials purchased and equipment rented specifically for the project shall be reimbursed at cost plus 5% Other expenditures such as outside printing, postage and in-house reproduction of floodplain maps shall be reimbursed at actual cost • In house computer usage and domestic and long distance telephone charges shall be at no cost. Contractor will invoice monthly. Invoices will include hours worked by employee by day together with tasks accomplished. Requests for reimbursement of expenses must be accompanied by copies of paid invoices itemizing costs incurred. Costs of alcoholic beverages are not eligible for reimbursement. Compensation shall not exceed the contract amount. Any work performed prior to the effective date of this contract or continuing after the completion date of the same unless otherwise agreed upon in writing, will be at the Contractor's expense. SCHEDULE OF STANDARD CHARGES (Effective 1 Jul 2008) LABOR FEE RATE /hr Principal 228.48 Sr. Project Engineer 202.47 Senior Engineer 163.79 Engineer 125.34 Jr. Engineer 104.79 Sr. Technician/Drafter 121.48 Technician/Drafter 86.65 Jr. Technician/Drafter 75.80 Word Processor/Secretary 73.21 Administrator 103.23 Contract for Services Agreement Phase II Acme Early Chinook Restoration Page 12 v 1.0 83 SCHEDULE OF SPECIAL CHARGES Transportation cost per day cost per week Inflatable or Pontoon (incl. motor) $125 $500 Aluminum boat and trailer (incl. motor) $175 $700 4x4 Truck $45 $200 rate per mile. 4x4 Truck per mile charge $0.45 Auto Mileage (Personal Auto) $0.50 Eauipment cost per day cost per week Bathymetric Survey Package 1 $350 $1,750 Digital Sounder $100 $400 RTK GPS (survey grade) $250 $1,250 Total Station $150 $600 Survey Level $50 $200 Current Meter (standard) $70 $300 ADCP $150 $600 Turbidimeter $120 $500 Ponar/Ekman/Secchi Package $50 $200 Sediment Bedload Sampler $50 $200 1 Bathymetric Survey Package comprises digital sounder and survey grade GPS. Contract for Services Agreement Phase II Acme Early Chinook Restoration Page 13 1.0 84 CXf'1'1(317 ..L , R�® CERTIFICATE OF LIABILITY INSURANCE OP ID AL DATE(MM)°D/YYYY) NOR4000 01 07/10 PRODUCER THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Griffith Insurance Group / Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3841 Aurora Ave N Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle WA 98103 Phone: 206-632-1433 Fax:206-632-0878 INSURERS AFFORDING COVERAGE NAIC at INSURED INSURERA Hartford Casualty Ins. Co. INSURER B: Northwest Hydraulic INSUkERC: Consultants Inc. 16300 Christensen Rd #350 INSURERD: Tukwila WA 98188 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DAOTEMM/DD� DATE MM/DDff -IRATIO LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000, 000 PREMISES Eaoccurence $ 30O OOO A X COMMERCIAL GENERAL LIABILITY 52UUNUS3744 06/30/09 06/30/10 CLAIMS MADE [*] OCCUR MED EXP (Any one person) $ lO 000 PERSONAL & ADV INJURY $ 1 OOO 000 X WA Stop Gap GENERALAGGREGATE s2,000,000 GEN'LAGGREGATELIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $2,000 000 X POLICY PRO PRO-JECT 7 LOC A AUTOMOBILE LIABILITY ANYAUTO 52UUNUS3744 06/30/09 06/30/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC AUTO ON1,Y: AGG $ ANY AUTO _ $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 A X I OCCUR F—ICLAIMSMADE 52XHUUS3412 06/30/09 06/30/10 AGGREGATE $ 5 000,000 $ $ DEDUCTIBLE $ X RETENTION $10 , 000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROP RIETOR/PARTNER/EXECUTIV� OFFICERIMEMBER EXCLUDED? (Mandatory In NH) - TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ate:South Fork Nooksack River at Acme, Bank Protection/Habitat Design Phase 2 Whatcom County Flood Control Zone District, its employees, officers, agents and representative are listed as additional insured as pertains to the work and services performed by the named insured only. CERTIFICATE HOLDER WHATC01 Whatcom County.Floo4 Control Zone District 322 N. Commercial. Bellingham WA 98225-4042 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, ACORD 26 (2009101) ©1988-2009 ACORTCORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-058 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: J. i nator:Aompson Originator: JNT 1/4/10 J v m IE C 1� p E D g p p� q .li�ltl 1 2010 0112612010 Finance/Council J. Hutchings Division Head: ' lit De Head: )(� WHATCO% COUNTY D. Gibson Prosecutor: d[ 01/07/10 COUNCIL B. Bennett 1 Purchasin /B d et. P. Kremen Executive: • �/O TITLE O DOCUMENT. Joint Funding Agreement between the United States Geological Survey and Whatcom County Flood Control Zone District for the operation of two Bertrand Creek stream flow gages. ATTACHMENTS: 1. Joint Funding Agreement - 2. Exhibit A — Operation & Maintenance Budget Detail 3. Letter from USGS transmitting JFA 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 Joint Funding Agreement between the U.S. Department of Interior U.S. Geological Survey(USGS) is for the continued operation and maintenance of two stream flow gages and water temperature monitoring equipment and for data quality assurance and publication at two sites located in the Bertrand Creek watershed. The data are used by the Bertrand Watershed Improvement District to meet instream flows requirements and irrigation needs. The USGS is providing a cooperative cost share of $16,980 while the FCZD is responsible for $18,800. The contract period is for water year 2010 (October], 2009 through September 30, 2010) with one annual payment in October 2010. COMMITTEE ACTION. • CO UNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcom.wa.us/council. Joint Funding Agreement 2010-2011 USGS Stream Gages (2) Bertrand Creek Page 1 86 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a0/0UI D/O Originating Department: 0 Public Works —Natural Resources Contract Administrator: John N. Thompson, L.E.G., Senior Planner Contractor's /Agency Name: U.S. Department of Interior, U.S. Geological Survey 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 $_18,800 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: ' supporting memo for approval. Scope of Services This Joint Funding Agreement between the U.S. Geological Survey(USGS) continues operation and maintenance of two stream flow and water temperature gages in Bertrand Creek and provides for data quality assurance and publication. The Bertrand Watershed Improvement District uses the data to develop management strategies to meet instream flow requirements while meeting irrigation needs. The USGS is providing a cooperative cost share of $16, 980 while the FCZD will provide $18, 800 for a total project budget of $35, 780 . The contract period is for water year 2010 (October 1, 2009 through September 30, 2010) with an annual payment due October 2010. Term of Contract: Expiration Date: September 23, 2010 Contract Routing Steps & Signoff [sign or initiall [indicate date transmitted 1. Prepared by: Date [electronic] 2. Attorney reviewed: Daniel L. Gib on_ Date 01107110 [electronic] 3. AS Finance reviewed: Date -a� ♦ �a electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] 6. Attorney signoff.• _ Daniel L. Gibson Date 01/07/10 7. Contractor signed. 8. Submitted to Exec Office 9. Reviewed by DCA 10. Council approved (if necessary) 11. Executive signed: 12. Contractor Original 13. Returned to dept 14. County Original to Council this form may need to expand to more than one page Date 1l-Z`!-Dg Date /-/q -16 [summary Date Date Date Date Date hard copy printed via electronic; hardcopies] Joint Funding Agreement 2010-2011 USGS Stream Gages (2) Bertrand Creek Page 3 87 WHATCOM COUNTY PUBLIC WORKS DEPT. Civic Center 322 N. Commercial St., Suite 210 Bellingham, WA 982254042 MEMORANDUM FRANK M. ABART Director RECEIVED JAN 14 2010 TO: The Honorable Pete Kremen, County Executive PETEKREMEN The Honorable Members of the Whatcom County Council COUNTY EXECUTIVE FROM: Jon Hutchings, Ph.D., Assistant Director THROUGH: Frank M. Abart, Director RE: USGS Joint Funding Agreement for Operation of 2 Bertrand Creek Gages DATE: January 12, 2010 Enclosed for your review and signature are two (2) originals of a joint funding agreement between the U.S. Department of Interior, U. S. Geological Survey (USGS) and the Whatcom County Flood Control Zone District (FCZD) for the operation or two streamflow and water temperature gages in Bertrand Creek. ■ Background and Purpose This Joint Funding Agreement between the U.S. Department of Interior U.S. Geological Survey(USGS) is for the continued operation and maintenance of two stream flow gages and associated water temperature monitoring equipment and for data quality'assurance and publication. The two gages are in the Bertrand Creek watershed; one near the border with Canada and one in an unnamed tributary to Bertrand. These are priority monitoring sites identified by the Bertrand Watershed Improvement District and watershed management project technical teams. The data are to be used to manage agricultural irrigation by WID members in order to meet instream flow requirements that provide for ecological needs while addressing irrigation demands. This investment ranks approximately 153 on the comprehensive water resource integration project (CWRIP) list. ■ Funding Amount and Source The total amount of this agreement is $35,780. The USGS is providing a cooperative cost share of $16,980 while the FCZD total share of program costs is $18,800. The contract period is for water year 2010 (October 1, 2009 through September 30, 2010). The FCZD will be billed on an annual basis in September 2010 and will be funded through the 2010 Public Works Natural Resource budget (cost center 169119). Please contact John N. Thompson at extension 50695 if you have any questions or concerns regarding the terms of this agreement. Enclosures (2) Joint Funding Agreement 2010-2011 USGS Stream Gages (2) Bertrand Creek .Page 2 88 COUNTY ORIGINAL vvnMI vvivi CONTRACT NO. a0/0010/0 Form 9-1366 U.S. Department of the Interior Customer #: WA088 (Oct. 2005) U.S. Geological Survey Agreement #: 10W4WA8500 Joint Funding Agreement Project #: 97229EU TIN #: 916001383 Fixed Cost r r Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 15T day of October, 2009, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the Whatcom County Flood Control Zone District, party of the second part. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed -price agreement to a) operate and maintain during the term of this agreement two gaging stations; one on Bertrand Creek at the U.S. —Canadian International Boundary and one on an unnamed tributary to Bertrand Creek near H Street Road; and b) collect, record, ensure data quality, and provide to the county the following data: I) daily discharge; ii) water temperature as detailed in Exhibit A which is considered a part of this agreement, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In -Kind Services in the amount of $ N/A. by the party of the first part during the period (a) $16,980 October 1, 2009 to September 30, 2010 by the party of the second part during the period (b) $18,800 October 1, 2009 to September 30, 2010 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, i• impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing documents are to be rendered ANNUALLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B- 212222, August 23, 1983). U.S. Geological Survey United States Department of the Interior USGS Point of Contact Name: Bob Kimbrough Address: USGS WAWSC 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone: 253-552-1608 Email: rakimbro(d_)usgs.gov Signatures A t� �' By Date I Z Name: Cy thia Barton, Ph.D., L.G., L.H.G. Title: Center Director, USGS Washington Water Science Center By. Name: Title: By. WA088/1 OW4WA8500/FY10-C Date Date Name of Customer Whatcom County Flood Control Zone District Name: Address: Telephone: Email: Date Name: Title: By_ Date Name: Title: By_ Date Customer Point of Contact Signatures WHATCOM COUNTY: Recommended for Approval: rank M. Abart Date Director A/A/ provedasto form: IbGr'J1�y, Daniel L. Gibson Date Senior Civil Deputy Prosecuting Attorney Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2010, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Joint Funding Agreement 2010-2011 USGS Stream Gages (2) Bertrand Creek Page 5 91 EXHIBIT A Agreement 10W4WA8500 Whatcom County/USGS Operation and Maintenance of Bertrand Creek Gages October 1, 2009 to September 30, 2010 Whatcom County USGS Total USGS Station No. 12212390 Bertrand Creek at International Boundary Daily Discharge (published) $7,520 $6,780 $14,300 Water Temperature (published) $1,880 $1,710 $3,590 Subtotals $9,400 $8,490 $17,890 USGS Station No. 12212430 Unnamed Trib to Bertrand Creek near H Street near Lynden Daily Discharge (published) $7,520 $6,780 $14,300 Water Temperature (published) $1,880 $1,710 $3,590 Subtotals $9,400 $8,490 $17,890 TOTALS $18,800 $16,980 $35,780 92 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-035 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: K. Christensen Originator: ,� � � E D luRU�E ((C fE 1 / 12 / 10 Council J. Hutchings Finance/ Division Head: J A N 0 5 2010 1/26/2010 Council F. Abart Dept. Head: � 3 °'� D. Gibson Prosecutor: WHATCOM COUNTY B. Bennett bb 11123109 Purchasin /Bud et: Aoq COUNCIL P. Kremen r{� Executive: TITLE OF DOCUMENT. - Lake Whatcom Phosphorus and Bacteria TMDL Assistance ATTACHMENTS: 1. Memorandum 2. Contract Information Sheet 3. Contract and related exhibits SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Washington State Department of Ecology is developing a Total Maximum Daily Load (TMDL) requirement for phosphorus in Lake Whatcom and fecal coliform bacteria in a number of tributaries to the Lake. Brown and Caldwell will assist the City and County in moving forward with the development of the TMDL through watershed model refinements, lake response model refinements, and selection of most effective control measures. This work will include development of the Summary Implementation Strategy and preparation of an action plan. This is project is part of an interagency effort with project costs shared between the City of Bellingham (5091o) and Whatcom County (5091o) through a forthcoming interlocal agreement. COMMITTEE ACTION .• COUNCIL ACTION.• 1/12/2010: Council Held to 1/26/2010 Related County Contract #: Related File Numbers: Ordinance or Resolution Number. 200810009 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.uslcouncil. 93 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director'4)- - FROM: Jon Hutchings, Ph.D., Assistant Director Kirk N. Christensen, P.E., Stormwater Manager DATE: November 23, 2009 STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www.whatcomcounty.us RE: Contract for Services Agreement with Brown and Caldwell Environmental Engineers & Consultants for Lake Whatcom Phosphorus and Bacteria TMDL Assistance Please find enclosed for approval and signature two originals of a contract between Whatcom County and Brown and Caldwell Environmental Engineers & Consultants (BC) for Lake Whatcom Phosphorus and Bacteria TMDL Assistance. ■ Background and Purpose Washington State Department of Ecology (WDOE) is developing a Total Maximum Daily Load (TMDL) requirement for phosphorus in Lake Whatcom and fecal coliform bacteria in several tributaries to the Lake. WDOE completed a series of studies to estimate the phosphorus load the lake is able to tolerate without violating the state water quality standards for dissolved oxygen. Based on very complex hydrologic and lake model runs, WDOE calculated that the phosphorus load from developed areas of the watershed would need to be reduced by about 86% to meet the dissolved oxygen standard. Achieving the large phosphorus load reductions prescribed in WDOE's water quality report could require costly retrofits and potentially controversial changes in development and land use regulations. Effective TMDL implementation will require strong public support and substantial funding. The County and the City of Bellingham (City) must show citizens and elected officials that TMDL allocations are necessary, appropriate, and that proposed control measures will work. The scope of this contract work is based on the recommendations of the recent model evaluations. The overall objectives are to: • Provide the information needed to support development of a practical and appropriate Summary Implementation Strategy for inclusion in WDOE's TMDL submittal to EPA. • Refine the HSPF (Hydrologic Simulation Program Fortran) model and use it, together with the CE-QUAL-W2 model, to estimate the phosphorus load reduction that would be required if 2007-2008 was used as the base year instead of 2002-2003. The resulting reductions are expected to be lower than WDOE's proposed reductions; therefore, they could serve as an initial target for the TMDL. • Use the refined HSPF model to evaluate proposed measures for reducing phosphorus and bacteria loads, determine if additional measures are needed to meet water quality objectives, and help the City and County select the most effective and efficient control measures. • Develop an Action Plan to guide implementation of the phosphorus and bacteria control measures. The Action Plan will also describe how future monitoring results can be used to evaluate the effectiveness of the control measures and gauge progress toward meeting water quality objectives. Re: Contract for Services for Lake Whatcom Phosphorus and Bacteria TMDL Assistance Page 2 The initial contract for this program was approved in 2008 (WC Contract No. 200810009) after BC was chosen through a competitive selection process. Scope of the original RFP provided for continuing work beyond the initial contract expiration of 12/30/09. ■ Funding Amount and Source The project total is $329,204 and costs will be shared equally between both agencies ($164,602 each) through a forthcoming interlocal agreement. The County's portion will be funded through the Stormwater base budget (123201). The County will carry the consultant contract, and the City will be invoiced for reimbursement of its portion. Please contact Kirk Christensen at extension 50209 if you have any questions or concerns regarding this agreement. Enclosure 95 WHATCOM COUNTY CONTRACT INFORMATIONSHEET Whatcom County Contract No. ,?,00gIto30 Originating Deartment: Public Works-Stormwater Contract Administrator: Kirk N. Christensen, P.E., Stormwater Manager Contractor's /Agent Name: Brown and Caldwell Environmental Engineers & Consultants 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 X No If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more and any prior amendments) than $35, 000, please submit an Agenda Bill for Council approval and a $_329,204 supporting memo. Any amendment that provides either a 10% increase in This Amendment Amount: amount or more than $10,000, whichever is greater, must also go to Council $ and will need an agenda bill and supporting memo. If less than these Total Amended Amount: thresholds, just submit to Executive with supporting memo for approval. Scope of Services The Washington State Department of Ecology (DOE) is developing a Total Maximum Daily Load (TMDL) requirement for phosphorus in Lake Whatcom and fecal coliform bacteria in a number of tributaries to the Lake. Brown and Caldwell will assist the City and County in moving forward with the development of the TMDL through watershed model refinements, lake response model refinements, and selection of most effective control measures. This work will include development of the Summary Implementation Strategy and preparation of an action plan. This is project is part of an interagency effort with project costs.shared between the City of Bellingham (50%) and Whatcom County (50%) through a forthcoming interlocal agreement. Term of Contract: Expiration Date: December 31, 2011 Contract Routing Steps & Signo : [sign or initiall [indicate date transmittedl 1. Prepared by: Remy Stratton 7 Date 11119109 [electronic] 2. Attorney reviewed: 1P&Air, 'ani Date 1 I +� U [electronic] 3. AS Finance reviewed: bbennett,,!g� Date I1123109 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff.- Date pc 7. Contractor signed. Date 8. Submitted to Exec Office ✓ Date] l-Z'-09 [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 Whatcom County Contract No. C®UI\ITY ORIGINALa o o 9i1 0,3a CONTRACT FOR SERVICES AGREEMENT Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 BROWN AND CALDWELL ENVIRONMENTAL ENGINEERS & CONSULTANTS hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8 , Exhibit A (Scope of Work), pp. 9 to 13 , Exhibit B (Compensation), pp. 14 to 15 , Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 9TH day of DECEMBER 120 09 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31ST day of DECEMBER 20 11 . The general purpose or objective of this Agreement is to: provide assistance for the Lake Whatcom Phosphorus and Bacteria TMDL as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this -agreement or for any renewal term shall not exceed THREE HUNDRED TWENTY-NINE THOUSAND, TWO HUNDRED AND FOUR DOLLARS ($ 329,204 . The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. r6 IN WITNESS WHEREOF, the parties have executed this Agreement this day of Via_ Y 20 �Y; . CONTRACTOR: BROW AND CALDWELL ENVIRONMENTAL ENGINEERS & CONSULTANTS Step&r& Anderson, Vice President Washington Operations STATE OF WASHINGTON ) ss. COUNTY OF�r� ) On this a_3day of 20 �'�' ,,tbefore me personally appeared STEPHEN B. ANDERSON to me known to be the VICE PRESIDENT of BROWN AND CALDWELL ENVIRONMENTAL ENGINEERS & CONSULTANTS and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. �����`•���x' ��i N� ���^''�e� NOTARYPUBLIC in My cod for h missioe df n expires aington, residing at Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Page 1 97 WHATCOM COUNTY: Recommended for Approval: Frank M. Abart Date Public Works Director Approved as to for E�C.ir►� Daniel L. Gibson Date Assistant Chief Civil Deputy Prosecutor Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Brown and Caldwell Environmental Engineers & Consultants Stephen B. Anderson, Vice President 701 Pike Street, Suite 1200 Seattle, WA 98101 Contact Name: Michael Milne, Water Resources Group Manager Contact Phone: 206/624-0100 Contact FAX: 2061749-2200 Contact Email: mmilne@brwncald.comn Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Page 2 98 GENERAL CONDITIONS Series 30-39: Provisions Related to Administration of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which maybe sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, -so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Page 3 99 documentation; compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: . The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Page 4 100 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise. use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Page 5 101 its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, to the extent such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, except only such injury or damage as shall have been occasioned by the negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject'an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from -submitting a bid or proposal to or from performing work or providing supplies to the County. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TNIDL Assistance for 2010 Page 6 102 The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Frank M. Abart, Director Whatcom County Public Works 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 Phone: 360.676.6692 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to, any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this.contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Page 7 103 given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law.: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Page 8 104 EXHIBIT "A" (SCOPE OF WORK) Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Background The Washington State Department of Ecology (WDOE) is developing a Total Maximum Daily Load (TIVIDL) for phosphorus in Lake Whatcom and fecal coliform bacteria in a number of tributaries to the Lake. The phosphorus TMDL is intended to improve dissolved oxygen (DO) levels in the lake. WDOE completed a series of studies to estimate the phosphorus load that the lake can absorb without violating the state water quality standards for DO. The state standard applicable to Lake Whatcom requires that human actions may not decrease the one - day minimum DO concentration more than 0.2. mg/L below estimated natural conditions. Therefore, in order to calculate the allowable phosphorus load, WDOE had to estimate DO under natural conditions as well as current land uses. WDOE used the Hydrologic Simulation Program — Fortran (HSPF) model to simulate phosphorus loads under current and natural conditions and the CE-QUAL-W2 model to simulate DO in the lake. WDOE used data collected during 2002-2003 to simulate the current conditions and assumed that mixed forests covered the watershed under natural conditions. WDOE ran the models a number of times, decreasing the amount of development each time, until the simulated lake DO concentration was within 0.2 mg/L of the natural (forested) condition. Based on these model runs, WDOE calculated that the 2002-2003 phosphorus load from developed areas of the watershed would need to be reduced by about 86% to meet the DO standard. Achieving the large phosphorus load reductions prescribed in Ecology's water quality report could require costly retrofits and potentially controversial changes in development and land use regulations. Thus, effective TMDL implementation will require strong public support and substantial funding. To gain this support, Whatcom County (County) and the City of Bellingham (COB) will need to demonstrate to their citizens and elected officials that the TMDL allocations are necessary and appropriate, and that proposed control measures will really work. Summary of Evaluations to date The County and COB retained Brown and Caldwell (BC) and Environmental Resources Management, Inc. (ERM) to perform additional evaluations to aid in TMDL development and implementation, including: • Review of WDOE's water quality study and supporting documents. • Evaluation of the HSPF model that WDOE used to estimate phosphorus loads from the Lake Whatcom watershed. • Evaluation of the CE-QUAL-W2 model that WDOE used to simulate DO concentrations in the lake. The key findings are summarized below. WDOE Water Quality Study • There is considerable uncertainty associated with the HSPF watershed model and the CE-QUAL-W2 lake model, due to the complexity of the lake and its watershed and tae limited data available for calibration. • There was very little storm event data available to calibrate the HSPF model. • The HSPF model did not explicitly consider soils and slopes. • Due to the modeling uncertainties, the phosphorus reductions needed to meet the DO standard in the lake could be considerably different than WDOE's proposed targets. • The HSPF and CE-QUAL-W2 models should be evaluated to determine if they can be refined to provide more accurate phosphorus reduction targets and support development of phosphorus and bacteria control measures. HSPF Model Evaluation • Comparison of simulated to measured phosphorus loads indicated that the model appeared to under -estimate loads from the forested sub -basins during large storm events. • The model appeared to over -estimate storm phosphorus loads from the more developed Millwheel and Silver Beach Creek sub -basins during storm events. Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Page 9 105 • These results suggest that the differences between current and natural (forested) phosphorus loads might be less than previously thought. If so, WDOE's proposed phosphorus load reduction may be more aggressive than needed to meet the DO standard in the lake. • Comparison of simulated to observed flows showed that the model over -simulated Silver Beach Creek flow by more than 100%. This could be because Silver Beach Creek flow data were not available at the time the model was calibrated, so calibration values were translated from Millwheel Creek • The model does not explicitly account for soils and slopes, which makes it more difficult to translate calibration parameters from the six gauged sub -basins to the remaining 16 ungauged sub -basins in the watershed. • The HSPF model should be recalibrated to: o Take advantage of the storm event data collected during the 2007-2008 Lake Whatcom Tributary Monitoring program. o Use the Silver Beach Creek flow and water quality data to calibrate that sub -basin. o Refine the land use/land cover categories to include soils and slopes. o Provide a rough simulation of fecal coliform bacteria loads. o Provide input to the CE-QUAL-W2 model so that phosphorus reductions can be estimated based on 2007-2008 conditions. o Support evaluation of potential phosphorus and bacteria control measures. CE-QUAL-W2 Evaluation • The model was well done but it is not adequate to discern a 0.2 mg/L change in DO in a very complex lake. • The model is too sensitive to calibration parameters to be used as the sole basis for the TMDL. • A much smaller load reduction would have been needed to meet the DO standard in the lake if 2007-2008 is used as the base year rather than 2002-2003. This indicates that the TMDL could vary substantially depending on the simulation period used. • Additional model refinements are unlikely to substantially improve the model's predictive capability. Therefore, future efforts should focus on water quality monitoring and adaptive management, rather than re -calibrating the CE-QUAL-W2 model. The model could be used to periodically re -calculate the TMDL to see how the lake responds to phosphorus reduction measures. Scope of Work This scope of work is based on the recommendations of the model evaluations summarized above. The overall objectives are to: • Provide the information needed to support development of a practical and appropriate Summary Implementation Strategy for inclusion in WDOE's TMDL submittal to EPA. • Refine the HSPF model and use it,. together with the CE-QUAL-W2 model, to estimate the phosphorus load reduction that would be required if 2007-2008 was used as the base year instead of 2002-2003. The resulting reductions are expected to be lower than WDOE's proposed reductions; therefore, they could serve as an initial target for the -TMDL. • Use the refined HSPF model to evaluate proposed measures for reducing phosphorus and bacteria loads, determine if additional measures are needed to meet water quality objectives, and help the COB and County select the most effective and efficient control measures. • Develop an Action Plan to guide implementation of the phosphorus and bacteria control measures. The Action Plan will also describe how future monitoring results can be used to evaluate the effectiveness of the control measures and gauge progress toward meeting water quality objectives. The specific tasks are described below. Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Page 10 106 Task 1. Assist with Summary Implementatidn Strategy BC will help the County and COB prepare a recommended Summary Implementation Strategy (SIS) and submit it to WDOE for consideration. The modeling results to date suggest that the target load reduction based on the 2007-2008 data could be considerably different than WDOE's draft reduction. The National Research Council (2001) and Shabman et al. (2007) recommend an adaptive implementation (Al) approach for TMDLs where there is considerable uncertainty and the costs of error are deemed significant. The Al approach fits within EPA guidelines (USEPA 2006). Therefore, the County and COB may wish_ to propose an Al approach for the Lake Whatcom TMDL. This approach could use the phosphorus load reduction based on the 2007-2008 data as the initial target, and use the results from ongoing monitoring to assess progress and refine control measures. BC will help the County and COB develop an outline of the proposed strategy and participate in meetings with WDOE and stakeholders to discuss it. BC will then help the County and COB prepare a draft SIS based on the outline. We will participate in a stakeholder meeting to discuss the draft and help the County and COB revise the SIS based on stakeholder input. BC will review the existing COB and County water quality management plans. We will provide suggestions for first action areas based on the available phosphorus load information and our recent HSPF evaluations (e.g., land use/land cover/soil/slope combinations that appear suitable for infiltration measures). BC will then help the COB and County develop the 2010-11 action agenda and timeline. Assumptions for Task 1 Cost Estimate: • The draft SIS outline will list the key features of the proposed strategy. • BC staff will participate in two conference calls and three meetings regarding the SIS. • BC will prepare a draft and final SIS. The SIS will be 5-10 pages. • BC will review the water quality measures prescribed in COB's 2007 and the County's 2008 plans. The review will take about 12 hours. • BC will develop recommendations for first action areas based on BC's recently completed HSPF evaluation (particularly the PERLNDS refinements and phosphorus loads estimates). The recommendations will identify areas rather than specific sites. • We understand that the County and COB have been working on a draft action agenda. BC would recommend refinements and /or additions to the draft, as appropriate. Task 2. Refine HSPF model using 2007-2008 data BC will recalibrate the HSPF model for the Anderson, Austin, Millwheel, Olsen, Silver Beach, and Smith creek sub -basins to incorporate the observed flows, total phosphorus, and fecal coliform concentrations measured during the 2007-2008 tributary monitoring program. We will refine the land use/land cover categories from the existing model to incorporate soils and slopes. To control costs, we will use the same phosphorus simulation algorithms as the existing HSPF model. Assumptions for Task 2 Cost Estimate: • Recalibrating for flow will require about 40 hours for each of the 6 sub -basins. • Recalibrating for phosphorus and calibrating for bacteria will require about 16 hours per sub -basin. • The Anderson Creek recalibration will be very approximate because the model doesn't simulate the Middle Fork diversions. BC will try to recalibrate using observed flows and concentrations for periods when no Middle Fork diversions occurred. • The calibration to bacteria will be very approximate due to the limited bacteria data available. Three BC staff will participate in the County/COB review meeting. • BC will use the same phosphorus simulation algorithm used for the existing HSPF model. • The results of this task will be summarized in the Task 3 memo. Task 3. Estimate phosphorus load reduction target based on 2007-2008 data Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Page 11 107 BC will use the recalibrated HSPF model (from Task 2) and the CE-QUAL-W2 model to estimate the phosphorus load reductions that would be required based on the 2007-2008 data. Calibration data from the forested Smith Creek sub -basin will be used to simulate phosphorus loads under the full rollback condition (i.e., entire Lake Whatcom watershed is covered with forest). The HSPF full rollback phosphorus load will be input to the CE-QUAL-W2 model to simulate natural DO concentrations in the lake, and compared to the simulated 2007-2008 base scenario in order to calculate the DO deficit. BC will then use the HSPF model to estimate the percentage of phosphorus load reduction needed to bring the base scenario (2007-2008) DO concentration within 0.2 mg/L of the full rollback scenario. We will use the same iterative approach that WDOE used to develop the original target load reductions (i.e., rerun the HSPF model for the 2007-2008 base scenario assuming increasingly larger percentages of pervious land cover until the CE-QUAL-W2 model simulates DO concentrations within 0.2 mg/L of the full rollback scenario DO concentrations). The resulting target load reduction will be compared to WDOE's draft target load reduction. We will present the results of this task in a conference call with County, COB, and WDOE staff and summarize in a brief (< 3 pages) memorandum. Assumptions for Task 3 Cost Estimate: • The target phosphorus reduction will be estimated using 2007-2008 as the base year and forested condition loads from the recalibrated HSPF model. • Three HSPF model iterations will be performed to estimate the target reduction. • Three BC staff will participate in a two-hour conference call. Task 4. Evaluate phosphorus and bacteria control measures Subtask 4.1 Estimate load reductions from planned COB and County stormwater measures BC will develop draft assumptions regarding implementation of the non-structural and high priority structural measures identified in the COB and County water quality management plans for the Lake Whatcom watershed. We will also develop draft assumptions regarding future conditions based on zoning and other land use data provided by the County and City. We will meet with County and COB staff to discuss and refine these assumptions. BC will use the HSPF model to estimate the potential phosphorus and bacteria reductions associated with measures that would be implemented over large areas, such as Low Impact Development (LID) measures. BC will use data on Best Management Practices (BMP) performance from the published technical literature, together with data on local BMP testing by WWU and others, to develop estimated ranges of effectiveness for the Capital Improvement Projects (CIPs) prescribed in the existing plans. BC will delineate the catchment area for each CIP and use HSPF to estimate the maximum potential load reduction. We will evaluate the CIP based on the percentage of the sub -basin in the catchment area for each CIP and comparison of the catchment area characteristics to the overall sub -basin characteristics. BC will then compare the estimated load reductions to the load reductions targets. We will present the results in a meeting with the County, COB, and WDOE, and then refine the reduction estimates based on input provided at the meeting. Subtask 4.2 Identify and evaluate additional water quality improvement measures If Subtask 4.1 suggests that the control measures prescribed in the County and COB plans cited above may not be sufficient to meet phosphorus reduction targets, BC will help the County identify and evaluate additional measures. BC will develop a preliminary list of potential additional programmatic and/or structural measures to reduce phosphorus and bacteria loads from existing and future land uses. The County and COB will provide input on the feasibility of implementation based on local regulations and knowledge. BC, the County, and the COB will meet to perform a screening evaluation of the potential water quality improvement measures based on technical, permitting, and relative cost considerations. Measures that appear to be ineffective or infeasible will be screened out, and the reason(s) will be noted. BC will participate in a public meeting to present screening results and gather input from stakeholders. The County, City, and BC will then identify the areas within the watershed that appear suitable for the measures that passed the screening evaluation. For example, areas with A or B soils may be suitable for infiltration measures. Based on this. evaluation, we will develop a draft set of measures to supplement measures prescribed in the 2008 County and 2007 COB plans. BC will use the refined HSPF model to estimate the potential phosphorus and fecal coliform load reductions as described in Subtask 4.1. If the estimated reductions are still below WDOE's targets, we will work with the County and COB to identify Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Page 12 108 additional measures and develop new load reduction estimates. BC will meet with County and COB staff to discuss the results of this subtask and participate in a public meeting to present results and gather input from stakeholders. Assumptions for Task 4 Cost Estimate: • The recalibrated HSPF model will be used to evaluate the high priority control measures identified in the existing COB and County water quality management plans. • The model will be used to estimate the maximum potential reduction in phosphorus and bacteria loads based on the nature of each measure and the size and characteristics of the area affected by the measure. • The number of additional measures to be evaluated may be limited by the budget allocation for this activity. • BC staff will participate in a meeting to refine assumptions for modeling the measures prescribed in the existing COB and County plans and a meeting to screen additional control measures. • BC will participate in two stakeholder meetings for this task. The County and COB will be responsible for meeting logistics (i.e., reserving appropriate venue, meeting announcements/invitations) and facilitation. • The results of this task will be summarized in the Task 5 Action Plan. Task 5. Prepare Action Plan BC will use the results of Task 4 to prepare a draft Action Plan that describes the proposed measures for reducing phosphorus and bacteria loads in the watershed. The Action Plan will be formatted to serve as an appendix to WDOE's Water Quality Implementation Plan. The Action Plan will summarize the Task 4 evaluation procedures and describe the recommended CIP and non-structural measures for reducing phosphorus and bacteria loads. The Action Plan will also describe how new monitoring data will be evaluated to support adaptive implementation of the TMDL. The plan will be written for a general audience, with technical details provided in appendices. The following sequence of drafts is assumed: • Internal draft plan • Client review draft • Public review draft • Final plan The County project manager will compile agency comments on the client and public review drafts, and provide direction to BC in the case there are conflicting comments. Assumptions for Task 5 Cost Estimate: • BC will prepare four versions of the Action Plan. • Three BC staff will participate in the County/COB review meeting. • The County project manager will consolidate all comments and resolve conflicting comments before providing them to BC. • Three BC staff will participate in two public meetings about the Action Plan. • The County will take care of the meeting logistics (e.g., venues, advertisement/invitations) and facilitation. Task 6. Project Management The BC project manager will communicate with County project manager regularly. The BC project manager will supervise consultant team, track scope, budget, and schedule, oversee project quality assurance and control, and prepare monthly invoices and progress reports. Assumptions for Task 6 Cost Estimate: • BC will provide a 1 page progress report with each monthly invoice. Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Page 13 109 ODCS Side Travel 5tW RMW Total Told dim Pan ODOe Law a195 - a OOC3 1. A�lxilla S!f Car MncecallWb OM4&city bd5CM555 WRWM $72 $0 $72 $1 21 51&Wfr* $id4 $0 $144 $ 735 OaaHl "M All Wowtv 8 MT, revise Dam $64 $0 $64 $1 MEN WJ11f3CE tD df5al� 01dfEfE $15 $100 $9 $228 607 sfa►t�FWderine t1?.Sl5cdine $00 $100 $ti $180 $1968 Omftsis #400 $0 SM $6 3 stamhu erne $B0 $700 $0 $180 $1968 Fde� sly $250 $4 5M $4 709 fwwiewcaffly8 Coo WQMglpI m $144 $0 $144 $3 53 PmLe f -69aetimtaueas cfnp-l= $224 $0 S224 # 007 Help COB and CwmtyWelop2ai0-11acbmagenaa$oWne 256 300 $3% $4.7W 1872 400 96su 2. Raeahlwate HSPF laodef Wag 2W-08 data ReGdwaba6 933M sm4a'iffi-iow 016 $0 6 $39802 RECI&age6 Q3Wd sub8asvfs- $904 $0 $904 $18054 cArafe 6 gaged gJ)-M5n8 - Iona B96 17,69E 3716 i 3. CAMIabe P D11ed do 2007.08 2.1 use refined KSPF t0 e5 nUL-- knsbEd fM MM3M P Intl SBD $60 1420 22 use CE-QUAL to simdag late DO under U n3i= mndifM 556 $19,962 $1996 014 $23059 2 9 nafae H5PF a5u % P ini TMDL li me 200 $200 9 2A 5umniaftw m Dnef memo 254 $7 820 82 332 19 32 2-5fAXMenM-r.a1WdL9QW $45 Sim 3156 51768 2fflT & EWAMb and badfOM CO 1 M meaer M 4.1 eftub pwnpbprus and bxlaria ndwfJn6f6 ifUm wasuree q dMR MiZOOM $2 Plan MEWS _ e9W ORK); fe $472 $0 $472 ; 991 Welop dMft MMOM re. MUM fonduse pmedon cmVific $120 $0 $120 B4 Meet Cmmty S Cfty to mfttle assu $95 $100 $0 $196 # 12 Use HSPFto a tffate of P8 FC n=dofiXE; Map $B24 $0 $WA $13 642 Meet V Owrf , WDOE to iJtmm drat resruls $96 Sim $0 $196 $2,212 Refire emmates tasm on qgAfrcm meong $240 $0 $X8 $4 554 42 kinfify and v aivab addutlfffnal water quafity mWmment mai Det maRistofaddlirmalnea;ures $256 $0 $206 #5922 11get�Lbu 8 td reins dstantl ad tarmel #:136 5100 $i3 52s6 #9157 Eismm sueeEing pames insWmwder nxeing $:160 $100 $0 Smo $ 15 Use H5PF tD e5fta paIMM MngL DF Pad FC .' DSi $535 $0 $5s6 # 795 MeettiV 7WD0EtaoLsUWdrai#MWb $96 $100 $0 $195 #2212 Hedne esdm!V baietl On' from need "$240 $0 SMO $4873 Pre5Eft ials In 51aCefldderffeMrig '$286 $100 $0 $38fs $Si63 3,56E s 60D $ 4,168 66,736 5 Pre Ptah teemld'aR #1472 $0 $1472 $27586 OXM�miq miewd9ft $360 $0 53W $S521 icierneed $120 $100 $0 S22o # W6 P&k re1ALW41Mft $712 $8 $712 $13 646 PWUme $4B0 #30t1 $01 $680 # IM Fiv $692 $0 $632 $11883 7776 3d0 4,076 71,312 5proiactuanagemat 5256 $0 $256 $4215 TeamSupervL90n,90edO8Mkjalrading $l 24 $0 W24 $32243 1,580 $ $ $ $ 1,68D # 36,45E TOW 15,360 113M 29,346 $ 2,M 1$ M.94i $ 3N92M +Attained Sheet oa,12M detaris fat ffM caslenfftate Budget Narrative Contract amounts are not to exceed in the tot;sate the contractor according to the hourly rates provided in attached project budget. Otbnt IRS rate; lodging and per diem shall not exceed the GSA rate for the location where sE;quests for expense reimbursement must be accompanied by copies of paid invoices. Costo the effective date of this contract or continuing after the completion date of the sai Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 20' 110 S c 1 W 0 d) G1 7 O W 01 G 0! E G C W ! c C� W m 0 ILO 0 4A 0 4A 0 4A 0 4A 0 691.9 0 CDca 40 O UU D � � Q Q 4S Z9 cal' CQV a�f ry CO co cNCN Y � d w M" r v-w to w N iV m 4/? Y m m SO a? N 2 �r N N U SO LL LL 2 .r- C LL N 19 ►7 [p y a U U Q- C w w J -t� U d U� a ill EXHIBIT "C" (INSURANCE) THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR LTR = TYPE OF NMRANCE POLICY NUMBER POLICYBPPICrnI DATE I POLICYBXPIRATWII DATE LMIB I'0LWLLIAIIJTY - R H 10 0 0 wa E 22mS 1,000,000 A X COMMERCIAL GENERAL Luelrm 37CSEQU0941 5/3 {2009 51312010 CLAIMS MADE D OCCUR MED EXP one raen S 10,000 PERSONAL &ADV INJURY S 11000,000 GENERAL AGGREGATE S 2,0001000 PRODUCTS -COMPIOPAGO S 2,000.000 GENLAGOREOATELIIATAPPUESPER: POLICY X jECT X LOC AUTOMOBILE LIABRI Y COMBINED lMNGLELIMIT s 1,000,000 A X ANY AUTO 37UENQUO942. 5/312009 5/312010 IEaecCNeop 80DILYINJURY g XXX)(XXJX ALL OWNED AUTOS SCHEDULED AUTOS (Per Person) X HIRED AUTOS BODILYMUURY S XXXixXX X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per owklont) S XXXXXXX OARAOEUA8IUTY AUTO ONLY -FA ACCIDENT S XXJOOCXX ANY AUTO NOT APPLICABLE OTHE THAN EA ACC AUTO ONLY_ S XXXXXXX S XXXXXXX AGG EXCE83NMBRELLALIABILITY EACH OCCURRENCE S XXXXXXX AGGREGATE 5 XXXXXXX OCCUR ❑ CLAIMS MADE NOT APPLICABLE S XXXXXXX rl UMBRELLA S XXXXXXX DEDUCTIBLE FORM HRETENTION XXXXXXX S C V=KURSCOMPENSATION AND 37WNQUO940 5/312009 5/31/2010 X I TORY IATS I IJER E.L. EACH ACCIDENT S I,000,000 EMPLOYERS' LIABIJTY ANY PROPRIETOWPARTNERIFI(ECIIDVE EDISEASE-FA EMPLOYE LL S 1,000,ODO OFFICEPIMEMOW FXCLUOED7 NO S.PROV SCIONS E.L. DISEASE -POLICY LIMIT 13 1,000,000 PEC AL teow OTHER S1,00%4100 PER CLAIM & B PROFESSIONAL LDUSA09OD482 5/312009 51312010 AGGREGATE LIAB/CONTRACTORS POLLUTION LIAHILITV DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCL.USION>! AMID BY ENDORSEMENT I SPECIAL PROYMMS CERTIFICATE HOLDER CANCELLATION 2256341 SHOULD ANY OF THE ABOVE DESCRIBED POUCH$ 82 CANCELLED BEFORE THE EXPIRATION SPECIMEN DATE THEREOF, THE ISSUING POURER WIU.)NiXffl gXMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER RAMBD TO THE LEFT. NNXIMMODUM AUTHOffigOrWRESENTATIVE ACORD 25 (2001108) rwquatllwura°amlNthracwthkata,cMnj$*mWbwwwlmdmVmdc,rsiuronaw-nend specify [he cflJP%t'IBIOCAdr. ®ACORDCORPORATION 1988 Contract for Services Agreement Lake Whatcom Phosphorus and Bacteria TMDL Assistance for 2010 Page 16 112 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-036 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Craig MacConnell, CBM �' 1 / 12 / 10 Council WSU Whatcom County Extension finance Division Head. J A N 0 C 2DiD t'�IlJ :J 1 26 10 Council Dept. Head: CraigMacConnell iNHATCOM COUNTY Prosecutor: COUNCIL Purchasin Bud et: Executive: TITLE OF DOCUMENT. Review & approval of amendment of MOA with Washington State University to continue the jointly sharing of costs for faculty positions in WSU Extension between Whatcom County and Washington State University as approved in WSU Whatcom County Extension year 2010 General Fund budget. ATTACHMENTS. WSU Memorandum of Agreement Form SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Provide constituents of Whatcom County with educational programming to better improve capabilities of individuals and families, to aid communities in developing and adapting to changing conditions, and to provide developmental opportunities for youth. COMMITTEEACTION. COUNCIL ACTION: 1/12/2010: Council Held to 1/26/2010 Related County Contract #: Related File Numbers: Ordinance or Resolution 9909009 Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 113 WHATCOM COUNTY WSU Whatcom County Extension 1000 N Forest Street, #201 Bellingham WA 98225 MEMORANDUM TO: Pete Kremen, County Executive FROM: Craig MacConnell, Chair Craig MacConnell Chairman RECEIVED DEC 112009 PETE KREMEN COUNTY EXECUTIVE RE: Contract extension MOA with Washington State University to continue jointly sharing costs for faculty positions in WSU Whatcom County Extension DATE: December 10, 2009 Enclosed is the necessary paperwork for a contract extension with Washington State University to continue the jointly sharing of costs for faculty position in Extension Whatcom County and Washington State University for your review and signature. ■ Background and Purpose Continue to share costs for faculty positions in WSU Whatcom County Extension serving Whatcom County. ■ Funding Amount and Source 2010 WSU Whatcom County Extension General Fund budget ■ Differences from Previous Contract None Please contact Craig MacConnell, WSU Whatcom County Extension, at extension 50280, if you have any questions or concerns regarding the terms of this agreement. Encl. 114 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. g90900q-1i Originating Department: WSU Extension Contract Administrator: Craig MacConnell Contractor's /A enc Name: Washington State University Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No X Yes X No If yes, previous number(s): 9909009 Is this a grant agreement? Yes _ No X_ If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes _ No X If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $ 764 374.90 approval and a supporting memo. Any amendment that provides either a 10% increase in amount or more than $10, 000, whichever is This Amendment Amount: $ 83,542.00 greater, must also go to Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: $ 847 916.90 Executive with supporting memo for approval. Scope of Services This amendment continues the shared faculty costs for WSU Whatcom County Extension for 2010. Term of Contract:1 year Expiration Date: 12/31/10 Contract Routine Steps & Sienoff.- [sign or initiall [indicate date transmitted 1. Prepared by: Craig MacConnell Date [electronic] 2. Attorney reviewed.- I JZ41, Date [electronic) 3. AS Finance reviewed: •` Date 2 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made. Date [electronic] hard copy printed 6. Attorney signoff.• Date 7. Contractor signed. Date 8. Submitted to Exec Office Date f.2-1(-o IF [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 115 COUNTy ORIGINAL Whatcom County Contract No. 99 0 9D69-1L Amendment No. 11 Whatcom County Contract No. 9909009 CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE UNIVERSITY THIS AMENDMENT is to the Memorandum of Agreement between Whatcom County and Washington State University dated September 22, 1999, and designated "Whatcom County Contract No. 9909009". In consideration of the mutual benefits to be derived, the parties agree to the following: Appendix A to this agreement is amended as set forth in the attached Amended Appendix A. Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect January 1, 2010, regardless of the date of signature. IN WITNESS WHEREOF, Whatcom County and Washington State University have executed this Amendment on the date and year below written. DATED this CONTRACTOR: day of , 200_. Washington State University (Authorized Signer) STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) On this day of 120 before me personally appeared to me known to be the of , who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. WHATCOM COUNTY: Recommended for Approval: Approve as to form: Pr6Wcuting Atto ne Date NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: 116 Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) On this day of 20 before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires: CONTRACTOR INFORMATION: Dan Nordquist, Director, Office of Grant & Research Development Room 423 Neill Hall Pullman, WA 99164- 3140 Mailing Address: OGRD Washington State University Pullman, WA 99164- 3140 Contact Name: Dan Nordquist Contact Phone: (509) 335-9661 Contact FAX: (509) 335-1676 Contact Email: ogrd@wsu.edu 117 MEMORANDUM OF AGREEMENT Between WASHINGTON STATE UNIVERSITY EXTENSION And WHATCOM COUNTY APPENDIX A The following funds will be provided under this Memorandum of Agreement for the period January 1, 2010 through December 31, 2010 to provide an extension program. Monthly Annually Director $2,018.0833 $24,217.00 Family Living Agent $1,647.9167 $19,775.00 4-H/Youth Agent $1,647.9167 $19,775.00 Water Resource Agent $1,647.9167 $19,775.00 Linda Kirk Fox Associate Dean WSU Extension TOTAL Date Daniel G. Nordquist Date Director, Office of Grant & Research Development $83,542.00 Pete Kremen Date County Executive 118 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-037 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ne�to. Originator: LK 11116109 1 E ^ E V E D �1L�u [(v JAN 0 5 2010 WHATCOM COUNTY COUNCIL 1 / 12 / 10 Council Division Head: 1/26/2010 Finance/Coun Dept. Head: Prosecutor: Purchasing/Budget. 'el %3 �/ �/ 7% Executive: TITLE OF DOCUMENT. Contract between Whatcom County and Sustainable Connections ATTACHMENTS: Contract, Memo, Information Sheet 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. Request Council authorization for the Executive to enter into a contract with Sustainable Connections for provision of Green Building and Resource Conservation Outreach services in 2010, in the amount of $20, 000. COMMITTEEACTION. COUNCIL ACTION: 1/12/2010: Council Held to 1/26/2010 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. 119 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM TO: Pete Kremen, County Executive Whatcom County Council Members FROM: Dewey Desler, Deputy Administrator Pete Kremen County Executive Dewey Desler Deputy Administrator RE: Green Building and Resource Conservation Outreach Program DATE: November 6, 2009 Enclosed are two (2) originals of a contract for Green Building and Resource Conservation Outreach Services between Whatcom County and Sustainable Connections for your review and signature. Background and Purpose Whatcom County will provide funding to support Green Building and Resource Conservation Outreach in Whatcom County. For 2010, this will take the form of: • A Green Building Conference for industry and government leaders • Multiple tours of local demonstration projects • A community tour of green horne and landscape examples • Support for local government promotion of green building and smart growth practices in the building community Funding Amount and Source Council approved $20,000 in funding for this contract in the 2009/2010 budget process. Enclosures Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 73t2i55 Whatcom County Contract No. WHATCOM COUNTY 2 o o 9 is o q q CONTRACT INFORMATION SHEET Originating Department: Executive Contract Administrator: Dewey Desler Contractor's/Agency Name: Sustainable Connections Is this a new contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ® No ❑ Yes ❑ No ❑ If yes, previous number(s): Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): 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 ® If yes, RFP or Bid number(s): Contract Amount: If a Professional Services Agreement is more than $15,000 or a Bid $20,000 is more than $35,000, please submit an Agenda Bill for Council This Amendment Amount: approval and a supporting memo. Any amendment that provides either a 10% increase in amount or more than $10,000, whichever $ is greater, must also go to Council and will need an agenda bill and Total Amended Amount: supporting memo. If less than these thresholds, just submit to Executive with supporting memo for approval. Scope of Services: To provide funding in support of Green Building outreach for: • Reducing the knowledge -related barriers to green building in the community. • Increasing the quantity of green building projects to occur within Whatcom County. • Expanding the use of energy efficient technologies and strategies by the businesses, residents, and governments of Whatcom County. Term of Contract: 12 Months Expiration Date: December 31, 2010 Contract Routing Steps & Signoff: 1. Prepared by: Ik 2. Attorney reviewed: 3. AS Finance reviewed: 4. IT reviewed if IT related: 5. Corrections made: 6. Attorney signoff: i 7. Contractor signed: 8. Submitted to Exec. Office: 9. Reviewed by DCA: 10. Council approved (if necessary): 11. Executive signed: 12. Contractor original returned to Dept. 13. County original to Council: Indicate Date Transmitted: Date: Date: )2- 3-- T Date: /'? ii/ Date: Date: Date: / a 7,3 lo 9 Date: i a a 3 0 9 Date: i a a 3 a 9 Date: Date: Date: Date: Date: 121 COUN ° ' ORIGINAL Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT SUSTAINABLE CONNECTIONS Sustainable Connections, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to $, Exhibit A (Scope of Work), pp, 9, Exhibit B (Compensation), pp, 10. Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1 st day of January, 2010 and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December, 2010. The general purpose or objective of this Agreement is to sponsor and support "Green Building" outreach for the following purposes: 1) Reducing the knowledge -related barriers to green building in the community 2) Increasing the quantity of `green building projects that occur within Whatcom County 3) Expanding the use of energy efficient technologies and strategies by the businesses, residents, and governments of Whatcom County Outreach efforts are targeted to residential, business and government entities. Outreach will include building tours, promotion of educational website and publications and the sponsorship of a "green building" conference to be held in Whatcom County in the spring of 2009 by Sustainable Connections, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $20,000.00. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of CONTRACTOR: SUSTAINABLE CONNECTIONS 1 C Derek M. Long i Program & DevelopmenTDirector STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) 20_ On thin 3 day of� c_ 20before me personally appeared Derek Long, to me known to be the Program & Development Director of Sustainable Connections, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. mac,` _ `ON.SA� . 4p': T Y PUB IC in and for the State of ashingto , resi�+ng at ro 01TAR Y 0iP i My commission expires Y,a 5/ a-o/ PUB ��. J Contract for Services Agr ��•%��•• Page 1 SUSTAINABLE CONNECTI OF WPC v 1.0 122 WHATCOM COUNTY: Approved as to form: Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ss COUNTY OF WHATCOM On this day of , 20 , before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. CONTRACTOR INFORMATION: SUSTAINABLE CONNECTIONS ADDRESS: 1701 Ellis St. Suite 221 Bellingham, WA 98225 Contact Name: Derek M. Long Contact Phone: 360-303-7776 360-647-7093 Fax: 360-594-4373 Contact Email: derek@sconnect.org Contract for Services Agreement SUSTAINABLE CONNECTIONS v 1.0 NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires Page 2 123 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10.19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. The term shall be as stated in the contract regardless of the date of signature. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S, mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate Contract for Services Agreement Page 3 SUSTAINABLE CONNECTIONS v 1.0 124 documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with state and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that helshe/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Contract for Services Agreement SUSTAINABLE CONNECTIONS v 1.0 Page 4 125 30.2 Assignment and Subcontracting Not Applicable 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: Not Applicable 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: the Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for Injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of Contract for Services Agreement Page 5 SUSTAINABLE CONNECTIONS v 1.0 126 race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny.an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Dewey Desler, Deputy Administrator Whatcom County Executive's Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Contract for Services Agreement SUSTAINABLE CONNECTIONS v 1.0 Page 6 127 Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shallbeand remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Agreement or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this Agreement shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre -award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Contract for Services Agreement Page 7 SUSTAINABLE CONNECTIONS v 1.0 128 Unless otherwise specified herein, this Agreement shall be governed by the laws of Whatcom County and the State of Washington. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement SUSTAINABLE CONNECTIONS v 1.0 Page 8 129 EXHIBIT "A" (SCOPE OF WORK) Sustainable Connections is a non-profit educational organization in Whatcom County. 1. Community Business Outreach a. Green Building Conference — A Spring Green Building Conference will be held in mid April, 2010. The conference will attract at least 175 industry and government leaders. Keynote presentations and break out sessions will focus on a variety of topics including energy efficiency, green and recycled building materials, indoor air quality, construction waste, water efficiency and low impact development. $5,000. b. Tours — A minimum of two tours of local demonstration projects will be presented in 2010. Likely tour stops are projects that Sustainable Connections have been tracking and assisting, including a LEED Platinum and Gold household, as well as a Net Zero house in planning as a partnership between the Cascade Joinery and Kulshan Community Land Trust. $1,000. c. Broad Professional Education/Materials & Resources — An important means of providing education is through Permit Center displays, websites and targeted e-mails. Sustainable Connections has built a robust green building website and an email list that reaches over 500 industry professionals with bi monthly updates on current events these services will continue under this contract. $5,000. 2. Residential Outreach a. Home and Landscape tour — Public education about green building practices is advanced by helping people see and understand how others have used them. Sustainable Connections will host its sixth annual "Imagine This! Home and Landscape Tour" of green projects, ranging from all new construction to Do -it - Yourself projects that provide compelling ideas for all who attend. $3,000. 3. Government Outreach a. The contractor will be available as a resource for staff development and training on green building and smart growth strategies. Contractor will provide review and comment on code and/or zoning revisions as well as provide training on designing better permit review systems. $6,000. Contractor will reflect consistency with "Green Building" goals in all of their outreach efforts. Green Building practices will be reflected through their service delivery. Contractor will provide quarterly reports detailing expenses, hours worked, and accomplishments during the previous quarter. Report details should be broken out into the various task headings listed above. At the end of the contract year the contractor will complete an end of year report summarizing the accomplishments of the entire year of the program. Maximum consideration for this agreement is $20,000.00. Contract for Services Agreement SUSTAINABLE CONNECTIONS v 1.0 Page 9 130 EXHIBIT "B" (COMPENSATION) The Contract Number, set forth above, shall be included on all billings. Maximum consideration for this contract is $20,000.00. Invoices will be sent to the Whatcom County Executive's Office. Sustainable Connections will provide Whatcom County with invoices that detail allowable expenditures (receipts required) as outlined in Exhibit A. Allowable expenses include staff time, design, printing, and distribution costs directly related to this project minus any revenues received for advertising. Staff time will be billed at the following rates: Program Director $50. per hour Program Manager $40. per hour Events Coordinator $25. per hour Payment will be made no more than once per month and is for reimbursement only. At the conclusion of the contract year the contractor will complete an end of year report summarizing the accomplishments of the entire year of the program. Contract for Services Agreement SUSTAINABLE CONNECTIONS v 1.0 Page 10 131 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-038 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: LK 1114109 FED C E � V E D JAN 0 5 2010 1 WHATCOM COUNTY COUNCIL 1 / 12 / 10 Council Division Head 1/26/2010 Finance/Coup Dept. Head: Prosecutor: Purchasing/Budget: Executive: J TITLE OF DOCUMENT. Contract between Whatcom County and Bellingham Food Bank. ATTACHMENTS: Contract, Memo, Information Sheet 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: To provide funding support to the Bellingham Food Bank in the amount of $50,000 for the collection, warehousing and distribution of food to local food banks. The term of the contract is January 1, 2010 through December 31, 2010. COMMITTEE ACTION: COUNCIL ACTION. 1/12/2010: Council Held to 1/26/2010 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. it 132 WHATCOM COUNTY CONTRACT INFORMATIONSHEET Whatcom County Contract No. �"?'00`'//' 0g5 Originating Department: Executive ContractAdministrator: Dewey Desler Contractor's /Agent Name: Bellingham Food Bank 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 T No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes No X If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $ 50 000 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ greater, must also go to Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: $ Executive with supporting memo for approval. Scope of Services Funding for the support of the Bellingham Food Bank to collect food from a variety of sources for distribution to the local food banks in Whatcom County. Term of Contract Expiration Date:December 31, 2010 Contract Routing Steps & Sjpn [sign or initial] 1. Prepared by: LK 2. Attorney reviewed: — J 3. AS Finance reviewed.• , &� 4. IT reviewed if IT related 5. Corrections made: 6. Attorney signoff 7. Contractor signed: ✓ 8. Submitted to Exec Office .� 9. Reviewed by DCA 10. Council approved (if necessary) 11. Executive signed: 12. Contractor Original 13. Returned to dept; 14. County Original to Council [indicate date transmitted] Date_ _ _ [electronic] Date [electronic] Date electronic] Date [electronic] Date electronic] hard copy printed Date I 6L�3 a 9 Date I d a 3 lo9 Date l of /a 3 o 9 [summary via electronic; hardcopies] Date Date Date Date Date this form may need to expand to more than one page 133 Cj0UNORIGINAL A L Whatcom County Contract No. aooq/�o�5 CONTRACT FOR SERVICES AGREEMENT BELLINGHAM FOOD BANK Bellingham Food Bank, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8, Exhibit A (Scope of Work), pp. 9, Exhibit B (Compensation), pp.10. Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1st day of January 2010, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December 2010. To provide funding for the support of the Bellingham Food Bank to collect food from a variety of sources for distribution to the local food banks in Whatcom County, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $50,000. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of 20 CONTRACTOR: Bellingham Food Bank Mike Cohen vt' Executive Director STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) Co On thisc�3day of �� - , 20� G, before me personallyMppear4tome known to be the Executive Director of the Bellingham Food Bank, and who executed the above instrument d who acknowledged to me the a t of signing and sealing thereof. OT Y PUBLIC in and for the State of NaMgton, residing at b, A r;qMy commission expires /a-4 2-o/.3 .�N0Tg9•Nm Contract for Services Agreement Bellingham Food Bank v 1.0 Page 1 134 WHATCOM COUNTY: Approved as to form: Z 3" 5 rosecuting Attorn y Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20_, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. CONTRACTOR INFORMATION: BELLINGHAM FOOD BANK Contact Name: Mike Cohen Contact Phone: 360-676-0392 Contact Fax: 360-676-0410 Contact Email: mikec@bellinghamfoodbank.org Contract for Services Agreement Bellingham Food Bank v 1.0 NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires Page 2 135 GENERAL CONDITIONS Series 00.09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. The term shall be as stated in the contract regardless of the date of signature. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accountinq and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate Contract for Services Agreement Page 3 Bellingham Food Bank v 1.0 136 documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with state and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Contract for Services Agreement Bellingham Food Bank v 1.0 Page 4 137 30.2 Assignment and Subcontracting: Not Applicable 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: Not Applicable 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentialitv: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the Contract for Services Agreement Page 5 Bellingham Food Bank v 1.0 138 grounds of race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Dewey Desler, Deputy Administrator Whatcom County Executive's Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Contract for Services Agreement Bellingham Food Bank v 1.0 Page 6 139 Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Agreement or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this Agreement shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre -award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Contract for Services Agreement Page 7 Bellingham Food Bank v 1.0 140 Unless otherwise specified herein, this Agreement shall be governed by the laws of Whatcom County and the State of Washington. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement Bellingham Food Bank v 1.0 Page 8 141 EXHIBIT "A" (SCOPE OF WORK) I. WORK STATEMENT Bellingham Food Bank (hereinafter referred to as "the Agency"), shall use Whatcom County Non -Departmental General funds to procure, warehouse and distribute food and other essentials to low and very low income Whatcom County residents through an existing network of neighborhood food banks. The contract period is January 1, 2010 through December 31, 2010. II. PROGRAM DESCRIPTION Outcome To support prevention measures that help to avoid or prevent hunger, and provide food to low and very low income people. To increase residents' food security and decrease hunger through the provision of free groceries to low income families that visit local food banks. Indicators The number of pounds of food delivered to 9 Neighborhood Food Banks acquired from Bellingham Food Bank. Eligibility Food will be made available to low and very low income people. Program Requirements 1. The Agency agrees to collect, warehouse and distribute food with funds provided under this contract to the neighborhood food banks listed below: o Pt. Roberts Food Bank o Blaine Food Bank o Ferndale Food Bank o Nooksack/Everson Food Bank o Foothills Food Bank (Deming/Kendall) o Salvation Army Food Bank o Project Hope (Lynden) o Lummi Tribal Food Bank o Nooksack Tribal Food Bank o Lord's Table (Nugent's Corner Area) 2. The funds provided under this contract shall be used to pay for costs associated with the provision of this food. The Agency shall complete all required paperwork related to project activity and outcomes as described below. III. REPORTING REQUIREMENTS The Agency shall submit a Services -Activities Report with each Billing Invoice that includes actual pounds of food distributed to the food banks listed above and receipts from each of the neighborhood food banks that received the food. Contract for Services Agreement Bellingham Food Bank v 1.0 Page 9 142 EXHIBIT "B" (COMPENSATION) The Contract Number, set forth above, shall be included on all billings. Maximum consideration for this contract shall be $50,000.00, Invoices shall be sent to the Whatcom County Executive's Office. Bellingham Food Bank will provide Whatcom County with an invoice (including supporting documentation of food distributed) as described in Exhibit A. Bellingham Food Bank will also provide a report at the end of the calendar year that details the total pounds delivered to the Food Banks. Billing Invoice Package The Agency shall submit a Billing Invoice Package on a monthly basis that consists of an invoice statement and other reporting requirements as stated in Section III., REPORTING REQUIREMENTS, (of this Exhibit in a format approved by the County). The Billing Invoice Package is due within ten working days after the end of each month. Method of Payment Reimbursement shall be made monthly. 2. The County will pay based on .40 per pound of food distributed to the neighborhood food banks listed in Exhibit A. 3. Monthly payments may vary based on the actual number of pounds distributed for that month. 4. Payment to the Agency may be withheld for any month in which the Agency has not submitted the contractually required reports on the data indicated. 5. The Contractor shall not bill the county for services performed or provided under this contract, and the County shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for those costs used to perform or provide the services in this contract. The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. Contract for Services Agreement Bellingham Food Bank v 1.0 Page 10 143 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-039 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: LK 11/4109 C7 2 2 E E E D 1 / 12/ 10 Council Division Head: " JAN 0 5 2010 1/26/2010 Finance/Coup Dept Head: % Z' Prosecutor: WHATCOM COUNTY COUNCIL Purchasing/Budget: Executive: TITLE OF DOCUMENT: Contract between Whatcom County and Whatcom Volunteer Center ATTACHMENTS: Contract, Memo, Information Sheet SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. To provide volunteer services to multiple County offices and service locations throughout the County, the Courts, County library, Senior Centers, County Parks, etc. The Volunteer Center records in excess of 300,950 volunteer hours that equates to over $6.1 million of donated human resources thus providing citizens of Whatcom County a better community to work and reside in. "rhe contract amount is $35,000. The contractor is a sole source provider. The term of the contract is January 1, 2010 through December 31, 2010. COMMITTEE A CTION.- COUNCIL ACTION.• 1/12/2010: Council Held to 1/26/2010 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. Ll 144 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM TO: Seth Fleetwood, Council Chair County Council Members FROM: Pete Kremen, County Executive RE: Whatcom Volunteer Center DATE: November 15, 2009 Pete Kremen County Executive Enclosed are two (2) originals of a contract between Whatcom County and the Whatcom Volunteer Center. This contract will provide Whatcom County with a center that links people of all ages with opportunities to contribute their time and talents to assist County agencies and organizations in meeting community needs. The Volunteer Center presently links 3,500 volunteers to 350 non-profit organizations, schools, healthcare and government agencies. The Volunteer Center records in excess of 300,950 volunteer hours that equates to over $6.1 million of donated human resources thus providing citizens of Whatcom County a better community to work and reside in. Funding for this contract comes from Non -Departmental and was approved by Council in the 2009/2010 budget process. Please contact Dewey Desler at 50120 if you have questions regarding this contract. Encl. Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 7314A5 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. '2002iaoLg, Originating Department: Executive Contact Person: Dewey Desler Contractor's Name: Whatcom Volunteer Center Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No _ Yes No If an Amendment, previous number(s): Is this a renewal? Yes _ No Contract Amount:(sum of orig contract amt If a Professional Services Agreement is more than $15,000 or a Bid is more and any prior amendments) than $35,000, please submit an Agenda Bill for Council approval and a $35,000.00 supporting memo. Any amendment that provides either a 10% increase in This Amendment Amount: amount or more than $10,000, whichever is greater, must also go to Council $ and will need an agenda bill and supporting memo. If less than these Total Amended Amount: thresholds, just submit to Executive with supporting memo for approval. Scope of Services To provide volunteer services to multiple County offices and service locations throughout the County, the Courts, County library, Senior Centers, County Parks, etc. The Volunteer Center records in excess of 300,950 volunteer hours that equates to over $6.1 million of donated human resources thus providing citizens of Whatcom County a better community to work and reside in. Nature of Contract Amt: ( Check one) Fixed Amount Not to Exceed X Open Ended Term of Contract: 12 months Expiration Date: 12/31/10 Renewal Option Yes _ No X Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routing Steps & Signoff Sign or Initial Date Submitted 1. Prepared by Linda Kasper Date 2. Attorney reviewed Date Z-- 3. Finance reviewed Date / -91 -70 9 4. Attorney signoff ✓ Date i a 3 /o ? 5. Contractor signed Date i a —of 6. Submitted to Exec. Office ✓ Date i a ai rof 7. Reviewed by DCA Date 8. Council approved (if necessary) Date 9. Executive signed Date 10. Contractor Original returned to dept. Date 11. County Original to Council Date 146 COUNTY ORIGINAL Whatcom County Contract No. 0?005I.20q% CONTRACT FOR SERVICES AGREEMENT WHATCOM VOLUNTEER CENTER Whatcom Volunteer Center, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8, Exhibit A (Scope of Work), pp. 9, Exhibit B (Compensation), pp. 10. Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 15t day of January 2010, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of December 2010. The general purpose or objective of this Agreement is to provide volunteer services to multiple County offices as well as community non-profit organizations and agencies, schools, and other government and healthcare -related agencies, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 35,000.00. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this G✓ day of l 20�,_ CONTRACTOR: Whatcom Volunteer Center STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) On this:21 s'� day of�c- 20 O 9 before me personally appeared Sue Ellen Heflin, to me known to be the Executive Director of Whatcom Volunteer Center, and who executed the above instru nt and who acknowledged to me the act of signing and sealing thereof. T•O��Q N©TAgj,�''•a .,pew Contract for Services Agreement Whatcom Volunteer Center PUBLIP in and for the State bf-Washington,jesidin at c� A 0` lMy commission expires � / 4 �/ 3 Page 1 v 1.0 147 WHATCOM COUNTY: Approved as to form: Prosecuting Attorne ate Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 , before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. CONTRACTOR INFORMATION: Whatcom Volunteer Center Sue Ellen Heflin, Executive Director Address: 725 N. State Street Bellingham, WA 98225 Contact Name: Sue Ellen Heflin Contact Phone: 360-734-3055 Contact FAX: 360-734-3215 Contact Email: sueellenh@whatcomvolunteer.org Contract for Services Agreement Whatcom Volunteer Center NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires Page 2 v 1.0 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. The term shall be as stated in the contract regardless of the date of signature. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement: Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses Contract for Services Agreement Whatcom Volunteer Center Page 3 v 1.0 149 incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with state and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Contract for Services Agreement Whatcom Volunteer Center Page 4 v 1.0 150 30.2 Assignment and Subcontracting: . The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: Not Applicable 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. Contract for Services Agreement Whatcom Volunteer Center Page 5 v 1.0 151 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Dewey Desler, Deputy Administrator Whatcom County Executive's Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 37.2 Notice: Contract for Services Agreement Whatcom Volunteer Center Page 6 v 1.0 152 Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Agreement or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this Agreement shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre -award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the Contract for Services Agreement Whatcom Volunteer Center Page 7 v 1.0 153 arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Unless otherwise specified herein, this Agreement shall be governed by the laws of Whatcom County and the State of Washington. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement Whatcom Volunteer Center Page 8 Mid 154 EXHIBIT "A" (SCOPE OF WORK) Whatcom County will provide funding to Whatcom Volunteer Center for volunteer services at the rate of $3.50 per volunteer hour for services to County offices up to a maximum of $35,000.00. Whatcom Volunteer Center is a one -stop center linking people of all ages who want to contribute their talent and time to directly assist organizations in meeting community needs. The Volunteer Center currently links 4,500 volunteers of all ages to 300 nonprofits, schools, healthcare related worksites and government agencies. The Whatcom Volunteer center will: • Directly assist agencies in meeting their missions without increasing their expenses through the infusion of donated human resources. • Provide volunteers access to meaningful opportunities to contribute their time and talent to meet community needs. • Help low income elders remain living independently with the help of volunteers who assist them with the chores of every day life. • Help Whatcom County government departments identify volunteer opportunities to help accomplish the mission of the County and assist in filling these volunteer positions. Placing volunteers in County offices and service locations such as the Courts, the County library, Senior Centers and County Parks, including the staffing of Hovander Homestead, stretches limited tax dollars from citizens. In addition to serving County government directly, through the Volunteer Center, citizens are offered about 400 current job descriptions of volunteer positions in partner agencies such as American Red Cross, Opportunity Council, Lydia Place, Nooksack Salmon Enhancement Association, St. Joseph Hospital, and over 300 other organizations, allowing them to share their time and talent while meeting new people, gaining practical experience and making a difference in the lives of other community members. Annually about 18,000 hours are logged through the Volunteer Center for time spent in direct service to numerous Whatcom County departments. Overall, the Volunteer Center records over 300,950 volunteer hours donated each year. With the value of a volunteer hour being set nationally at $20.50 for 2008, these hours are equivalent to over $6.1 million worth of donated human resources to provide for a better community for all citizens. Contract for Services Agreement Whatcom Volunteer Center Page 9 v 1.0 155 EXHIBIT "B" (COMPENSATION) Maximum consideration for this contract shall be $ 35,000.00. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Whatcom Volunteer Center shall invoice Whatcom County Executive's Office no more frequently than one time per month. Invoice will show number of volunteer hours for reimbursement and where possible, location served. Volunteer hours will be reimbursed at the rate of $3.50 per hour, Contract for Services Agreement Whatcom Volunteer Center Page 10 v 1.0 156 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-059 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: C E V n„ E IDDivision 1/26/10 Finance/Council Head: JAN 1 9 2010 WHATCOIU COUNTY COUNCIL I Dept. Head: 49 •,�z%- 09 Prosecutor: � Pcrrchasing/Badge[: 1 �� w Executive: J 1 "l ,!0 r TITLE OF DOCUMENT. ALEA Project Agreement Amendment #] Project Number 081682C ATTACHMENTS: ALEA Project Agreement, Amendment. #1 SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires apublic hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Request authorization for the County Executive to enter into project agreement amendment #1 with the Washington State Recreation and Conservation Funding Board (RCFB) to increase the amount of State funding for the acquisition of Lily Point by $436,885 with a corresponding reduction in the project sponsor match amount. COMMITTEE ACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 200909001 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. 157 WHATCOM COUNTY P� Gpm co Michael McFarlane PARKS & RECREATION DEPT. oy Director 3373 Mount Baker Highway 3� Bellingham WA 98226 4RECEIVED `Sk I N GEC 0 JAN 12.2010 MEMORANDUM PETE KREMEN COUNTY EXECUTIVE TO: Pete Kremen, County Executive FROM: Michael McFarlane, Director RE: Amendment #1 ALEA Project Agreement Number 08-1682C Lily Point DATE: December 21, 2009 Enclosed are two (2) originals of ALEA Project Agreement Amendment #1 (Project No. 08- 1682C) between Whatcom County and the Washington State Recreation and Conservation Funding Board (RCFB) for your review and signature. ■ Background and Purpose In partnership with The Nature Conservancy, Whatcom County made application for State grant funding through the Aquatic Lands Enhancement Account and the Washington Wildlife and Recreation Program (WWRP) in 2008 for the acquisition and development of lands at Lily Point, Point Roberts. The County was successful in procuring funding and executed a contract with the RCO. Additional funding has since been awarded to the project through the WWRP. The amendment increases the amount of State funding and reduces the amount of local match required. ■ Funding Amount and Source "fhe project agreement is for $2,499,778 of which $2,000,000 will be reimbursed to the County by the RCFB, and the remaining $499,778 is the County's share and local match. The County's local match has already been achieved through previous acquisitions and other grant funding sources being procured by our partner on the project, The Nature Conservancy. This amendment does not change the project budget but provides additional state funding for the purchase while reducing the project sponsor `s match amount. This grant agreement provides $1,337,222 in State funds to acquire the northern portion of the Lily Point Marine Reserve From The Nature Conservancy, $163,000 to reimburse the Whatcom Land Trust for acquisition expenses related to the purchase of the southern parcel of the property, and $499,778 for development of onsite trails and related park amenities by the County. Please contact Michael McFarlane at extension 32072, if you have any questions or concerns regarding the terms of this agreement, Encl. 158 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a00909oo/-/ Originating Department: Parks & Recreation Contract Administrator: Michael McFarlane Contractor's /Agency Name: Washington State Recreation and Conservation Funding Board Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes No X Yes X No If yes, previous number(s): 200909001 Is this a grant agreement? Yes X No If yes, grantor agency contract number(s) 08-1682C CFDA number Is this contractgrantfunded? Yes _ No If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes _ No If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract 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 $ 2,499,778 This Amendment Amount: memo. Any amendment that provides either a 10% increase in amount or more than $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ 436,885 -change in match & WWRP and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ 2,499,778 Scope of Services This amendment provides additional state grant funding in place of the local sponsor match funds for the County to acquire the northern portion of Lily Point comprised of approximately 48 acres of uplands and adjoining tidelands. This does not change the total project and contract amount of $2,499,778. Term of Contract: Expiration Date:12/31/2011 1. Prepared by: Date /t - ZI - oq [electronic] : 2. Attorney reviete, Date _ _ [electronic] 3. AS Finance rewed. Date [electronic] 4. IT reviewed if IT relate Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff.• Date 7. Cautpaetor signed: 6 q?,je_ ✓ Date / Z -/ o - 0 q 8. Submitted to Exec ffice Date /-�2=10 [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 this form may need to expand to more than one page 159 WASHINGTON STATE COUNTY ORIGINAL vvr-IHIlrIJIVi ��U I� Recreation and CONTRACT NO. Conservation Office Amendment to Project Agreement a 0 0 9 09 00 / - I Project Sponsor: Whatcom County Parks & Rec Project Number: 08-1.682C Project Title: Lily Point Acq & Development Amendment Number: 1 Amendment Type: Cost Change Amendment Description: The Project Agreement is amended to increase the Washington Wildlife and Recreation Program's Water Access grant amount by $436,885 to total $1,000,000.00. Funding was provided by unspent funds from the 07-09 biennium. Project Funding: The total cost of the project for the purpose of this Agreement changes as follows: Old Amount New Amount Amount. % Amount % RCO -ALEA $1,000,000.00 40.00% $1,000,000.00 40.00% RCO - WWRP- WA $563,115.00 22.53% $1,000,000.00 40.00% Project Sponsor $936,663.00 37.47% $499,778.00 19.99% Total Project Cost $2,499,778.00 100% $2,499,778.00 100% Admin Limit $3,194.89 0.16% $3,194.89 0.16% A&E Limit $0.00 0.00% $0.00 0.00% Agreement Terms In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State Of Washington Recreation and Conservation Office BY: Kaleen Cainq am TITLE: Director DATE: /Z /d Z005 Pre -approved as to form: BY: /S/ Assistant Attorney General Whatcom County Parks & Rec AGENCY: Whatcom County BY: Pete Kremen TITLE: County Executive DATE: ALEA Project Cost Change Amendment Outdoor Recreation Account Chanter 79A.15 RCW. Chaatfr 286 WAC AMENAGR1.RPT l bU ORI GIN ��vvn� I Uviv� vvv,IVWASHINGTON STATE Recreation and CON fRACT NO. Conservation Office Amendment to Project Agreement 2 o O g o 9 0 0 1-/ Project Sponsor: Whatcom County Parks & Rec Project Number: 08-1682C Project Title: Lily Point Acq & Development Amendment Number: 1 Amendment Type: Cost Change Amendment Description: The Project Agreement is amended to increase the Washington Wildlife and Recreation Program's Water Access grant amount by $436,885 to total $1,000,000.00. Funding was provided by unspent funds from the 07-09 biennium. Project Funding: The total cost of the project for the purpose of this Agreement changes as follows: Old Amount New Amount Amount % Amount % RCO -ALEA $1,000,000.00 40.00% $1,000,000.00 40.00% RCO - WWRP- WA $563,115.00 22.53% $1,000,000.00 40.00% Project Sponsor $936,663.00 37.47% $499,778.00 19.99% Total Project Cost $2,499,778.00 100% $2,499,778.00 100% Admin Limit $3,194.89 0.16% $3,194.89 0.16% A&E Limit $0.00 0.00% $0.00 0.00% Agreement Terms In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State Of Washington Recreation and Conservation Office BY: C _�_ '41— Kaleen Cottin0am TITLE: Director DATE: zZ Z609 Pre -approved as to form: BY: /S/ Assistant Attorney G6neral Whatcom County Parks & Rec AGENCY: Whatcom County BY: Pete Kremen TITLE: County Executive DATE: ALEA Project Cost Change Amendmerr't Outdoor Recreation Account Chaoter 79A.15 RCW. CV1r 286 WAC AMENAGRI.RPT WHATCORI. COUNTY COUNCIL AGENDA BILL NO. 2010-060 CLEARANCES Initial Date to Received in Council O ace Agenda Date Assigned to: Originator: Lynne Gmler I/7/10 WE D 6� I JAN q 9 2010 1/26/10 Finance/Council Division Head: Dept. Head: Mike McFarlane - VUHATCaM COUNTY Prosecutor: � COUNCIL Purchasing/Bud r �� Ekectaive: TITLE F DOCUAENT.• Residential Lease Agreement with David Flarry and Emily Smith to lease the apartment at 5236 Nielsen Ave., Ferndale, WA in the Tennant Lake Interpretive Center. 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 Flarry and Emily Smith to lease the apartment located at 5236 Nielsen Ave., Ferndale, WA in the Tennant Lake Interpretive Center. The fee for this Agreement is $576.04 plus leasehold tax (12.8401o) of $73.96 for a total of $650.00 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. 162 WHATCOM COUNTY PARKS & RECREATION DEPT. 3373 Mt. Baker Hwy. Bellingham, WA 98226 MEMORANDUM Michael McFarlane Director RECEIVED JAN 12 2010 TO: Pete Kremen, County Executive PETEKREMEN COUNTY B ECU M FROM: Michael McFarlane, Director RE: Residential Lease Agreement with David Flarry and Emily Smith DATE: January 7, 2010 Enclosed are two (2) originals of the Residential Lease Agreement between David Flarry and Emily Smith and Whatcom County (Parks & Recreation) for your review and signature. ■ Background and Purpose To grant permission to David Flarry and Emily Smith to lease the apartment located at 5236 Nielsen Ave., Ferndale, WA in the Tennant Lake Interpretive Center from January 16, 2010 to January 15, 2011. After one year this agreement will turn into a month -to -month tenancy. ■ Funding Amount and Source Funds under this agreement will be $650.00 per month ($576.04 plus $73.96 leasehold tax of 12.84%). ■ Differences from Previous Contract This is a new contract. 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 163 WHATCOM COUNTY CONTRACT INFORMA TION SHEET Whatcom County Contract No. .2o/oO/0a7 Originating Department: Parks & Recreation Contract Administrator: Lynne Givler Contractor's /Agency Name: David Flarry and Emily Smith 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 Ifyes, 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 $650.00 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 grant permission to David Flarry and Emily Smith to lease the apartment located at 5236 Nielsen Ave., Ferndale. Lease agreement will be $650.00 per month ($576.04 plus $73.96 leasehold tax of 12.84%) Term of Contract: January 16, 2010 to Expiration Date: January 15, 2011 then month to month tenancy. January 15, 2011 Contract Routine Steps & Signof: sign or initial] [indicate date transmitted) I. Prepared by: Igivler Date_1/7/10_[hard copy] 2. Attorney reviewed: Date [hard copy] 3. AS Finance reviewed. v Date / N ' [hard copy] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date _ [electronic] hard copy printed 6. Attorney signoff.• Date 7. Contractor signed: 'fry and Smith Date ___:Fla 8. Submitted to Exec Office V Date j_ 1 Z _ o [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 164 COUNTY ORIGINAL rW H AT COM COUNT' CONTRACT NO. RESIDENTIAL LEASE AGREEMENT a 0 10 0! 0 7 THIS AGREEMENT, dated as of January 1(6, 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 FLARRY and EMILY SMITHas the "Tenant." In consideration of the covenants and agreements hereinafter set forth, the Landlord does hereby lease to Tenant those certain premises situated at 5236 Nielsen Ave., Ferndale, Washington 98248, County of Whatcom, State of Washington, particularly described as follows: One -bedroom apartment in Tennant Lake Interpretive Center for a term of one year commencing on January 16, 2010 and ending on January 15, 2011, upon the following terms and conditions. 1. RENT: Tenant shall pay monthly rent in the amount of $650.00 ($576.04 plus $73.96 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. In 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. UTILITIES: Landlord shall pay for all services and utilities supplied to the premises except telephone and other telecommunication services. 3. DAMAGES, CLEANING AND SECURITY DEPOSIT: Tenant has paid a deposit in the amount .of $650.00, 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 of this tenancy, except for normal wear and tear resulting from ordinary use. Residential Lease Agreement - Pagel 165 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 $25.00 will be assessed if rent is not paid by the 5th day of the month. b. To properly use and operate all electrical, gas, 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. 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 Residential Lease Agreement - Page2 166 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. To provide and maintain receptacles for garbage and trash in the apartment and to empty at dumpster provided by Landlord in Hovander Park. r. 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. s. 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. t. Not to post any political, advertising, or other signs on park property, including in windows that are visible to the public. Whatcom County Parks & Recreation recognizes the Tenant's right to free speech, but given the public nature of park property it's imperative that the public not conclude that Whatcom County Parks & Recreation is endorsing a particular candidate or political position, or is advertising a particular product or service. 6. TERMINATION: This agreement shall terminate on January 15, 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 Residential Lease Agreement - Page3 167 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. 8. 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 attorney's fees as authorized by R.C.W. Chapter 59.18. 11. HOLD HARMLESS: The Tenant shall protect and hold the Landlord harmless for all claims and damages arising out of the Tenant's negligent use of the permit premises. 12. OTHER TERMS / INFORMATION: a) Two keys were provided to the Tenant. Lead Warnjgy�. 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 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 Residential Lease Agreement - Page4 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. TENANT 3�0-92o-a{2Z D vid Flarry Emily SmW Telephone Number STATE OF WASIHNGTON) ) ss. COUNTY OF WHATCOM ) On this 5 day of c � G 20VZ before me personally appeared ,Z�' C. and to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledges that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this a day of --:S —c� . 20 � NOTARY -PUBLIC in and for the State of Washington, residing at N--, My Commission expires: SHELLEY MINER STATE OF WASgINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 05-15=11 Executed as of the date first written above. Residential Lease Agreement - Page5 169 LANDLORD WHATCOM COUNTY Pete Kremen, County Executive STATE OF WASHINGTON) ) ss. COUNTY OF WHATCOM ) On this day of . 20� before me personally appeared PETE KREMEN, to me known to be the County Executive of WHATCOM COUNTY and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. Given under my hand and official seal this day of , 20 NOTARY PUBLIC in and for the State of Washington, residing at Bellingham My Commission expires: WHATCOM COUNTY PARKS & RECREATION ie, ' ector APPROVED AS TO FORM: I Deputy Prosecutin ney Residential Lease Agreement - Page6 170 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-061 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: LK 1114109 U u j� �% �C V D 1/26/10 Finance/Council Division Head: JAN 19. 20% VVHATCOM COUNTY COUNCIL Dept Head.- Prosecutor. 3 ° Purchasing/Bud e. �2 7 Executive:AW j— —/V TITLE F OCUMENT: Contract between Whatcom County and Domestic Violence & Sexual Assault Services. ATTACHMENTS: Contract, Memo, Information Sheet SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: This contract provides funding to support the Whatcom County Commission Against Domestic Violence established in 1998 (Ordinance 1998-11-084). The contract amount is $45,000. The Executive requests waiver of bid requirement. The term of the contract is January 1, 2010 through December 31, 2010. COMMITTEEACTION.• COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing t County's website at. www.co.whatcom.wa.us/council. 171 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. �o/Oa100 Originating Department: Executive Contact Person: Dewey Desler Contractor's Name: Domestic Violence & Sexual Assault Services Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No Yes No _ If an Amendment, previous number(s): Is this a renewal? Yes No Contract Amount:(sum of orig contract amt If a Professional Services Agreement is more than $15,000 or a Bid is and any prior amendments) more than $35,000, please submit an Agenda Bill for Council approval $45,000.00 and a supporting memo. Any amendment that provides either a 10% This Amendment Amount: 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 Total Amended Amount: less than these thresholds, just submit to Executive with supporting $ memo for approval. Scope of Services Domestic Violence & Sexual Assault Services provides assistance to support and represent the Commission Against Domestic Violence. The funding of the Commission is to implement a coordinated, comprehensive, domestic violence plan; promote coordination and collaboration of community agencies; increase community awareness and understanding about domestic violence, and to service as an advisory board and community forum for local government agencies. Nature of Contract Amt: ( Check one) Fixed Amount Not to Exceed X_ Open Ended Term of Contract: 1 Year Expiration Date: December 31, 2010 Renewal Option Yes _ No _ Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Touring Steps & Signoff Indicate Date Transmitted 1. Prepared By: 2. Attorney Reviewed: 3. AS -Finance Reviewed: 4. Corrections Made: 5. Attorney Signoff: 6. Contractor Signed: 7. Submitted to Exec. Office: 8. Reviewed by DCA: 9. Council Approved If Necessary: 10. Executive Signed: 11. Contractor Original Returned to Dept. 12. County Original to Council: LK Date: Date: Date: Date: i Date: / Date: i Date: Date: Date: Date: Date: Date: 172 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM TO: Seth Fleetwood Council Chair County Council Members FROM: Pete Kremen, County Executive Pete Kremen County Executive RE: Domestic Violence & Sexual Assault Services Contract DATE: November 16, 2009 Enclosed are two (2) originals of a contract between Whatcom County and Domestic Violence & Sexual Assault Services for your review and signature. ■ Background and Purpose The Commission Against Domestic Violence is a collaborative effort between Whatcom County and the City of Bellingham in accordance with Ordinance 1998-11-084. Domestic Violence and Sexual Assault Services provides administrative, management, space, personnel and support services to the Commission. ■ Funding Amount and Source Council approved funding for this contract in the 2009/2010 budget process. I am requesting that the Council waive the bid requirements and authorize me to enter into this agreement. The term of this agreement is January 1, 2010 through December 31, 2010. Please contact Dewey Desler at extension 50120 if you have any questions or concerns regarding the terms of this agreement. Enclosures Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 7317 55 COUNTY ORIGINAL Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT DOMESTIC VIOLENCE & SEXUAL ASSAULT SERVICES Domestic Violence & Sexual Assault Services, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 9 Exhibit A (Scope of Work), pp. 10 Exhibit B (Compensation), pp. 12 . Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the1 st day of January, 2010, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of December, 2010. 'rhe general purpose or objective of this Agreement is to support the Whatcom County Commission Against Domestic Violence, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 45,000.00. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 20 CONTRACTOR: Domestic Violence & Sexual Assault Services Ap a� E-6 , Director STATE OF WASHINGTON ) / ) ss. COUNTY OF ��C�7�Lom ) Y-Cl k t\ N�>Q'&ACO- On this / `1Y�ay of G?n7 20 . , before me personally appeared ARre��, to me known to be the Director of Do s ' V olence & Sexual Assault Services and who executed the above instrument and who acknowledged to me the act of sip ' _ ereof. �OTAq ;i� --'--NOTARY- PUBLjC in and for the State`st_l0i'ashingto , residi gat 0 �j y commission expires c��a9 �/ - V9LIe • O� •ti.N.. V Contract for Sery �t Domestic Violence & ault Services 174 Approved as to form: 12. rosecuting Attorne5Z) Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 , before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Domestic Violence & Sexual Assault Services Andrea Cary -Grant, Director 1407 Commercial St. Bellingham, WA 98225 Contact Name: Rebecca Johnson Contact Phone: 312-5700 Contact FAX: 312-5770 Contact Email: acarygrant@dvcommission.org Contract for Services Agreement Domestic Violence & Sexual Assault Services 175 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. The term of this contract shall be as stated regardless of the date of signature. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. 'rhe Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided Contract for Services Agreement 3 Domestic Violence & Sexual Assault Services 176 in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement, The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholdinq Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with state and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made Contract for Services Agreement 4 Domestic Violence & Sexual Assault Services 177 hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: Not applicable. 31.2 Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County, 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all cortmunications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or Contract for Services Agreement 5 Domestic Violence & Sexual Assault Services 178 program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to Contract for Services Agreement 6 Domestic Violence & Sexual Assault Services 179 his/her/its receipt any service or services or other benefits provided under this agreement; or deny any individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Dewey Desler, Deputy Administrator Whatcom County Executive's Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. Contract for Services Agreement 7 Domestic Violence & Sexual Assault Services 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly. taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Agreement or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this Agreement shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre -award interest, but shall not have the power to award punitiye damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. Contract for Services Agreement g Domestic Violence & Sexual Assault Services 181 44.1 Survival: The provisions of paragraphs 11.1, 11.2,11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes anyprior oral statements, discussions or understandings between the parties. Contract for Services Agreement Domestic Violence & Sexual Assault Services 182 EXHIBIT "A" (SCOPE OF WORK) Whatcom County will reimburse Domestic Violence & Sexual Assault Services for services provided in support of the Bellingham-Whatcom County Commission Against Domestic Violence. Domestic Violence & Sexual Assault Services will provide administrative, management, space, personnel and support services to the Commission. The Bellingham-Whatcom County Commission Against Domestic Violence was established under Whatcom County Code (2.108). The purpose of the Commission is to provide leadership in the community's effort to reduce add prevent domestic violence. The scope of work includes: • Compile and release the eighth edition of Domestic Violence in Whatcom County: A Compilation of Whatcom County Domestic Violence Data for 2010. • Conduct focus groups annually with victim/survivors of domestic violence to solicit input and ideas on areas that need improvement. • Conduct, at minimum, 4 educational presentations and trainings to community. • Facilitate community -planning process for Domestic Violence Awareness Month, provide funding for domestic violence awareness month activities, and sponsor Domestic Violence Awareness Month Vigil. Select and Sixth Annual Domestic Violence Outstanding Achievement Award. • Continue to provide consultation to local law enforcement agencies on domestic violence related issues and in particular the new domestic violence risk assessment protocols. • Active involvement in Coordinated Judicial Response and DV and Firearms Committees of the Whatcom County Law and Justice Council. • Serve as a resource to community members and professionals on domestic violence related issues and resources. • Maintain Commission website, including links to Commission reports and DV resource handbook. • Publish and distribute Annual Report and make annual presentations to Whatcom County Council and Bellingham City Council. • Work with media and local law enforcement to provide domestic violence education and coverage during major domestic violence incidents. • Serve as member of Domestic Violence Task Force, Lummi Domestic Violence Task Force, DV Research Initiative and other community domestic violence efforts. • Finalize model school district policy and procedures in response to domestic violence and distribute policy and procedures to other school districts. • Provide 4 trainings to Domestic Violence Commission members annually. • Recruit and train new Commission members as needed. • Secure renewed funding from Grants to Encourage Arrest Programs (or other federal sources) to implement projects identified in the Commission's strategic plan. • Expand Commission's basic operating funding base to include funds from Whatcom County small cities. • Provide staff support to all Commission meetings and work committees in order to achieve the outcomes and activities listed above. • Respond to other emerging issues as needed. Contract for Services Agreement l0 Domestic Violence & Sexual Assault Services 183 EXHIBIT A (Continued) SCOPE OF WORK Allowable expenses include reimbursement for items listed below that can be directly linked to Domestic Violence Commission services; 1, Actual personnel costs for dedicated Domestic Violence Commission staff 2. Overhead (administrative support, space, shared equipment, shared office supplies, insurance, maintenance, supervision). Billed at 28% of personnel costs above. 3. Printing Costs (receipts required) 4. Travel/Training (receipts required) 5. Meeting Expenses (receipts required) 6. Postage (receipts required) 7. Professional Services (receipts required) 8. Promotional Materials (receipts required) 9. Direct Telephone Costs (receipts required) 10. Maintenance on Domestic Violence Commission Owned Equipment (receipts required) The maximum consideration for this contract is $45,000. Contract for Services Agreement 11 Domestic Violence & Sexual Assault Services gou EXHIBIT "B" (COMPENSATION) The Contract Number shall be included on all billings or correspondence. The maximum consideration for this contract is $45,000.00, Compensation will be paid as reimbursement only upon receipt of invoice sent to the Whatcom County Executive, 311 Grand Avenue, Suite 108, Bellingham, WA 98225 detailing allowable expenditures as outlined in Exhibit A. Invoices will include documentation and receipts as appropriate. Domestic Violence and Sexual Assault Services will provide the Whatcom County Executive Office with quarterly financial and activity reports performed to support the Commission. Contract for Services Agreement 12 Domestic Violence & Sexual Assault Services 185 HATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 -062 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Janell Wilson, Revenue Deputy �.��-� E i0 E M l� �CL/ JAN 1.9 2�10 WHA COM CCOUNTY 01/26/10 Finance /Council Division Head: Mark Bauthues, Deputy Treasurer In&; l j �l I Dept Head: Steven N. Oliver, Treasurer �y Prosecutor Purchasing/Budget.: l'U o Executive: _ SUBJECT. - Resolution canceling uncollectible personal property taxes. ATTACHMENTS: Cover letter Resolution Resolution with Exhibit SEPA review required? ( ) Yes ( SEPA review completed? ( ) Yes ( ) NO ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO Requested Date: SUMMARYSTATEMENT: The County Treasurer is required by law (RCW 84.56.240) to present a list of uncollectible personal property taxes to the Council for cancellation. Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN. Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Related County Contract #: Treasurer Janell Wilson Other Related File Numbers: Ordinance or Resolution Number (this item): WHATCOM COUNTY TREASURER'S OFFICE COUNTY COURTHOUSE P.O. Box 5268 Bellingham, WA 98227-5268 treasurer@co.whatcom.wa.us TO: FROM: DATE: RE: 4GOM Co` 3� A f �`SNING�0 MEMORANDUM Pete Kremen, Whatcom County Executive Steven N. Oliver, Treasurer January 13, 2010 Resolution cancellation STEVEN N. OLIVER TREASURER MARK T. BAUTHUES CHIEF DEPUTY We are presenting this resolution, consistent with RCW 84.56.240 and RCW 59.20.030, for cancellation of personal property taxes which are considered to be uncollectible, for delivery to the Whatcom County Council for consideration at its meeting on January 26th, 2010. Council's action is required to formally cancel the uncollectible personal property tax. We certify that we have made diligent search and inquiry for goods and chattels to collect such tax and were unable to collect the same. Phone: (360) 676-6774 County: (360) 398-1310 TTY: (360) 738-4555 FAX: (36AM-2477 SPONSORED BY: Consent PROPOSED BY: Treasurer INTRODUCTION DATE: 1/13/2009 RESOLUTION NO. CANCELLING UNCOLLECTIBLE PERSONAL PROPERTY TAXES WHEREAS, RCW 84.56.240 requires that the treasurer shall file with the county legislative authority (county council) a list of uncollectible personal property taxes; and WHEREAS, Council action is required to formally cancel the uncollectible personal property tax; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the uncollectible personal property tax, attached hereto as Exhibit A, is hereby cancelled. APPROVED this day of , 2009. W14ATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Sam Crawford, Council Chair APPROVED AS TO FORM: Civil Deputy Pros. Atty. Exhibit A Equipment and Machinery (Business) PARCEL NAME AND ADDRESS 0300685 FERNDALE COST CUTTER #453 THE MARKETS LLC P 0 BOX 9797 BELLINGHAM, WA 98227 0300757 IBC SALES CORP ATTN TAX DEPT 44400/23960 P 0 BOX 419627 KANSAS CITY, MO 64141 0301113 MERIDIAN COST CUTTER #67 po BOX 9797 BELLINGHAM, WA 98227 0301115 EVERSON MARKET THE MARKETS LLC PO BOX 9797 BELLINGHAM, WA 98227 0301326 HOLY SMOKE BAR & GRILL LLC STEVE & STARR HOVANDER 5268 OLSON RD FERNDALE, WA 98248 0301432 LAKEWAY COST CUTTER #447 THE MARKETS LLC PO BOX 9797 BELLINGHAM WA 98227 REASON YR AMOUNT TOTAL BANKRUPTCY 2006 $ 447.41 COURT ORDER $ 447.41 BANKRUPTCY 2005 $ 109.51 COURT ORDER $ 109.51 BANKRUPTCY 2006 $ 359.79 COURT ORDER $ 359.79 BANKRUPTCY 2006 $ 58.47 COURT ORDER $ 58.47 OUT OF BUSINESS 2009 $ 94.09 TRUSTEE SALE NO ASSETS $ 94.09 BANKRUPTCY 2006 $ 777.22 COURT ORDER $ 777.22 Page 1 of 6 189 Exhibit A Equipment and Machinery (Business) 0302412 PHOTO WORLD 2945 NEWMARKET PL #108 BELLINGHAM WA 98226 03 04442 MARIPOSA #095 CHARLES F BERG INC 88 FIRST AVE W VANCOUVER BC CANADA V5Y 1K2 0304855 BROWN & COLE ADMIN OFFICES PO BOX 9797 BELLINGHAM WA 98227 0306567 CORBAN NETWORKS INC INTERNATIONAL COMM CROUP PMB 600 101 E PARK BLVD $600 PLANO TX 75074 0306568 CORBAN NETWORKS INC INTERNATIONAL COMM GROUP PMB 600 101 E PARK BLVD #600 PLANO TX 75074 0306569 CORBAN NETWORKS INC INTERNATIONAL COMM GROUP PMB 600 101 E PARK BLVD #600 PLANAO TX 75074 OUT OF BUSINESS 2009 $ 107.91 NO ASS ESTS Filing Penal $ 26.98 RETURN MAIL $ 134.89 OUT OF BUSINESS 2009 $ 112.42 NO ASS ESTS $ 112.42 BANKRUPTCY 2006 $ 228.93 COURT ORDER $ 228.93 OUT OF BUSINESS 2005 $ 96.88 NO ASSETS FILING PEN $ 24.22 RETURN MAIL 2006 $ 39.99 $ 161.09 OUT OF BUSINESS 2005 $ 147.45 NO ASSETS FILING PENALTY $ 36.86 RETURN MAIL $ 184.31 OUT OF BUSINESS 2004 $ 28.71 NO ASSETS 2005 $ 378.33 RETURN MAIL FILING PENALTY $ 94.58 2006 $ 127.51 $ 629.13 Page 2 of 6 190 Exhibit A Equipment and Machinery (Business) 0307271 SUNSET COST CUTTER $448 THE MARKETS LLC PO BOX 9797 BELLINGHAM WA 98227 0308506 BLAINE COST CUTTER #489 THE MARKETS LLC PO BOX 9797 BELLINGHAM WA 98227 0308986 NW SIGNATURE REALTY KALELLE CORP PO BOX 578 EVERSON WA 98247 0309307 SIDEWALK CAFE WAYNE NIELSEN 655 FRONT ST #10 LYNDEN WA 98264 0310630 LYNDEN FOOD PAVILION #441 THE MARKETS LLC PO BOX 9797 BELLIIGHAM WA 98227 BANKRUPTCY 2006 $ 732.87 COURTORDER $ 732.87 BANKRUPTCY 2006 $ 525.40 COURT ORDER $ 525.40 BANKRUPTCY 2008 $ 117.82 NOASSEST FILING PENALTY $ 29.46 RETURN MAIL $ 147.28 OUT OF BUSINESS 2008 $ 98.96 NO ASSETS FILING PENALTY $ 24.74 $ 123.70 BANKRUPTCY 2006 $ 800.07 COURT ORDER $ 800.07 Page 3 of 6 191 Exhibit A Equipment and Machinery (Business) 0313886 OLD COUNTRY BUFFET RASH #80-47-282 PO BOX 260888 PLANO TX 75026 0314978 AIKIDO MARTIAL ART CENTER KALACO OVERSEAS MGT PO BOX 2974 BELLINGHAM WA 98227 0317947 CORBAN NETWORKS INC INTERNATIONAL COMM GROUP PMB 600 101 E PARK BLVD #600 PLANO TX 75074 0318041 CORBAN NETWORKS INC INTERNATIONAL COMM GROUP PMB 600 101 E PARK BLVD #600 PLANO TX 75074 0318210 GARY'S TUX SHOP #878 THE GARY'S GROUP LLC T6711 ODESSA AVE VAN NUYS CA 91406 BANKRUPTCY $ 1,095.08 COURT ORDER 2009 $ 1,095.08 OUT OF BUSINESS 2008 $ 5.66 NO ASSETS 2009 $ 6.31 RETURN MAIL FILING PENALTY $ 1.58 $ 13.55 OUT OF BUSINESS 2003 $ . 102.56 RETURN MAIL 2004 $ 181.66 NO ASSETS 2005 $ 167.74 2006 $ 105.07 OUT OF BUSINESS 2003 $ 85.52 RETURN MAIL 2004 $ 162.49 NO ASSETS 2005 $ 143.08 2006 $ 114.95 557.03 $ 506.04 OUT OF BUSINESS 2004 $ 1,111.15 NO ASSETS FILING PENALTY $ 277.79 RETURN MAIL $ 1,388.94 Page 4 of 6 192 Exhibit A Equipment and Machinery (Business) 0318801 SOUTHSIDE FOOD PAVILION BANKRUPTCY 2006 $ 1,067.92 THE MARKETS LLC COURTCORDER PO BOX 9797 BELLINGHAM WA 98227 $ 1,067.92 0319030 CLASSIC CLOSETS INC OUT OF BUSISNESS 2008 $ 53.17 GRANDVIEW BUSINESS CENTER NO ASSETS FILINGPENALTY $ 13.29 7056 PORTAL WAY #i-4 RETURN MAIL FERNDALE WA 98248 $ 66.46 0319207 THE CHOP SHOP OUT OF BUSINESS 2009 $ 239.80 4241 MERIDIAN ST NO ASSETS FILINGPENALIY $ 59.95 BELLINGHAM WA 98226 RETURN MAIL $ 299.75 0319378 ESCAPE DAY SPA INC OUT OF BUSINESS 2008 $ 509.38 ULRIKE B BARTLETT NO ASSETS FILINGPENAL7Y $ 127.34 BARBARA DAVIES RETURN MAIL 4816 N GOLF COURSE DR BLAINE WA 98230 $ 636.72 0319400 LAY IT DOWN FLOORS OUT OF BUSINESS 2008 $ 121.40 LAY IT DOWN INC NO ASSETS FILINGPENALIY $ 30.35 PO BOX 5671 RETURN MAIL BELLINGHAM WA 98227 $ 151.75 Page 5 of 6 193 Exhibit A Equipment and Machinery (Business) 0319424 BUDGET BLINDS OUT OF BUSINESS 2009 $ 159.69 WINDOW SHADES OF THE NW INC NO ASSETS FILING PENALTV $ 39.92 7056 PORTAL WAY RETURN MAIL FERNDALE WA 98248 $ 199.61 0319976 KOWALS PEDIATRICS PS OUT OF BUSINESS 2009 $ 924.81 DANIEL KOWALS MD NO ASSETS 602 ROSEMARY LN RETURN MAIL ROSWELL NM 88201 $ 924.81 0320145 LINENS'N THINGS OUT OF BUSINESS 2009 $ 1,631.28 LNT WEST INC NO ASSETS 6 BRIGHTON RD CLIFTON NJ 07015 $ 1,631.28 9007344 SKYBUS AIRLINES INC OUT OF BUSINESS 2009 $ 37,575.36 ATTN HOWARD FICKEL NO ASSETS PER 4324 E FIFTH AVE DEPT OF REVENUE COLUMBUS OH 43219 $ 37,575.36 2009 Total Write-off Businesses $ 51,740.88 Page 6 of 6 194 Exhibit B Mobile Homes PARCEL NAME and ADDRESS REASON YR AMOUNT TOTAL 400130 074492 2026 LINDA R WALKER DELETED 2006 45.01 8080 HARBORVIEW RD #175 DESTROYED PROPERTY BLAINE WA 98230 1964 Detroiter 390326 100150 0002 ALLEN YOUNG NO VALUE 2007 76.59 5406 NOON RD DISCONNECTED BELLINGHAM WA 98226 1975Tamarack $45.01 $76.59 390306 054236 0004 RITA ABOUT/DOUGLAS PARKER DELETED 2005 70.99 7062 GUIDE MERIDIAN #4 DESTROYED PROPERTY 2006 133.33 LYNDEN WA 98264 1980 Ridgewood $204.32 400126 372467 0001 RICK VANDERVEEN DELETED 2005 13.02 3029 BIRCH BAY LYNDEN RD DESTROYED PROPERTY 2006 12.31 CUSTER WA 9824001 1954 Lonestar $25.33 400414 330070 0001 FRANK DEAN DELETED 2006 19.54 7564 BRUCE RD GONE 2007 18.06 CUSTER WA 98240 1973 Kentwood 2008 6.68 2009 6.92 405303 022163 0004 RITA WATSON DELETED 2006 45.30 1409 GULF RD #13 DESROYED PROPERTY 2007 24.07 PT ROBERTS WA 98281 1970 Olympian 2008 23.19 2009 22.41 $51.20 $114.97 Page 1 of 2 195 Exhibit B Mobile Homes 405303 022163 0014 DICK PAGE 1408 GULF RD #7 PT ROBERTS WA 98281 390329 050072 0001 GREG A MANKLE 5353 HALLMARK LN BELLINGHAM WA 98226 395101415468 0188 KEN WOODS 5001 BAY RD #F101 BLAINE WA 98230 405113 460101 0018 KERRY S DAVENPORT 5055 ALDER ST BLAINE WA 98230 405113 4601010020 CANDICE BISHOP 8585 HARBORVIEW RD #16 BLAINE WA 98230 DELETED 2005 31.10 DESTROYED PROPERTY 2006 62.34 1969 Liberty 2007 44.95 2008 43.31 2009 41.86 $223.56 DELETED 2007 143.89 DESTROYED PROPERTY 2008 52.00 1969 Biltmore $195.89 DELETED 2007 39.69 UNABLE TO LOCATE 2008 38.69 Mallard 2009 37.31 DELETED DESTROYED PROPERTY 1966 Greatlakes 2004 53.20 2005 105.03 2006 99.78 $115.69 $258.01 DELETED 2009 124.20 DESTROYED PROPERTY 1969 Parkway $124.20 2009 Total Write-off Mobile Homes $1,434.77 Page 2 of 2 196 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-063 CLEARANCES Initial Date Date Received in Council Office A ends Date Assigned to: Originator: Che lA Walker / J p ! /26/10 Finance / Council Division Head: Steven N. Oliver Treasurer d 711, U - J IL — Dept Head. Mark Bauthues, De u Treasurer ' JAN 1.9 2010 Prosecutor Purchasing/Budget: COUNCIL Executive: _ ` ., n SUBJECT: Treasurer's Annual List of Property Tax Refunds ATTACHMENTS: 1. Cover Letter 2. Resolution 3. List of Property Tax Refunds Related County Contract #: Should Clerk schedule a hearing: NO/XI YES/ / Requested Date: SUMMARYSTATEMENT: Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. Pursuant to RCW 84.69.020 the Treasurer is required to ADS Facilities Management Present to the Council annually a list of Property Tax Refunds. ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail Juvenile Parks Planning COUNCIL ACTION TAKEN: Prosecutor Public Works Sheriff Superior Court Treasurer CherylA Walker Other Related File Numbers: Ordinance or Resolution Number (this item): AgendaBitl.doc 197 1 2 3 4 5 6 7 SPONSORED BY: consent PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. A RESOLUTION ACCEPTING THE TREASURER'S LIST OF PETITIONS FOR PROPERTY TAX REFUNDS WHEREAS, RCW 84.69.020 requires that -the County Treasurer present a list of all petitions for property tax refunds made during the previous year to the County Council, and; WHEREAS, a list of the Whatcom County Treasurer's 2009 Petitions For Property Tax Refund is attached to this resolution, and; WHEREAS, the Whatcom County Council has received and reviewed the Treasurer's list of property tax refunds consisting of the names of the persons receiving the refunds, the amounts of the refunds, and reasons for the refunds for the year 2008 in accordance with RCW 84.69.020. NOW, THEREFORE BE IT RESOLVED, that the Whatcom County Council approve the 2008 petition for property tax refund list, hereto attached as "Exhibit A". APPROVED this day of , 2010. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor Sam Crawford, Council Chair Wl Property Tax Refunds - Exhibit A Dated Refunded to: Amount Reason 1/2/2009 Alfonso & Glenia Riobo 1,161.93 Senior Exemption 1/2/2009 Alfonso & Glenia Riobo 1,350.37 Senior Exemption 1/2/2009 Alfonso & Glenia Riobo 1,590.50 Senior Exemption 1/2/2009 Alfonso & Glenia Riobo 1,388.92 Senior Exemption 1/2/2009 Anna Christensen 408.69 Senior Exemption 1/2/2009 Anna Christensen 807.69 Senior Exemption 1/2/2009 Antonio Aguinaga 938.76 Senior Exemption 1/2/2009 Antonio Aguinaga 909.36 Senior Exemption 1/2/2009 Antonio Aguinaga 446.17 Senior Exemption 1/2/2009 Antonio Aguinaga 792.34 Senior Exemption 1/2/2009 Beverly Austin & Michelle Slade 312.24 Senior Exemption 1/2/2009 Beverly Austin & Michelle Slade 329.90 Senior Exemption 1/2/2009 Chapter 13 Seattle Trust Account 1,161.18 Senior Exemption 1/2/2009 Charles Craine & Wha Ja Bremer 1,150.58 Senior Exemption 1/2/2009 Christine Moore 881.47 Senior Exemption 1/2/2009 Christine Moore 963.01 Senior Exemption 1/2/2009 Deanna Richardson 912.54 Senior Exemption 1/2/2009 Doanld Grandy 517.81 Senior Exemption 1/2/2009 Donald Musselman 43.03 Senior Exemption 1/2/2009 Elizabeth MacDonald 412.18 Senior Exemption 1/2/2009 Elizabeth MacDonald 448.64 Senior Exemption 1/2/2009 Elizabeth MacDonald 753.81 Senior Exemption 1/2/2009 Fred Selene 42.97 Senior Exemption 1/2/2009 Fred Selene 46.27 Senior Exemption 1/2/2009 Fred Selene 46.35 Senior Exemption 1/2/2009 Fred Selene 50.95 Senior Exemption 1/2/2009 Grant Wilson 184.44 Senior Exemption 1/2/2009 Grant Wilson 439.27 Senior Exemption 1/2/2009 Grant Wilson 498.02 Senior Exemption 1/2/2009 Grant Wilson 188.74 Senior Exemption 1/2/2009 Irene Edie 889.12 Senior Exemption 1/2/2009 Joe Chen 612.33 Senior Exemption 1/2/2009 John Ebert 508.35 Senior Exemption 1/2/2009 Jonathan A Blake 1,519.53 Senior Exemption 1/2/2009 Judith Paulson 1,100.40 Senior Exemption 1/2/2009 L L Tracy 1,162.35 Senior Exemption 1/2/2009 Larry Mader 274.55 Senior Exemption 1/4/2010 Property Tax Refunds - Exhibit A Page 1 of 24 199 Dated Refunded to: Amount Reason 1/2/2009 Larry Pollett 1,581.22 Senior Exemption 1/2/2009 Lois & Art Nelson 1,179.95 Senior Exemption 1/2/2009 Lois & Art Nelson 905.06 Senior Exemption 1/2/2009 Mary M Caldwell 461.78 Senior Exemption 1/2/2009 Mary Oates 729.15 Senior Exemption 1/2/2009 Michael Esaak 765.23 Senior Exemption 1/2/2009 Nancy Barnhart 349.93 Senior Exemption 1/2/2009 Nancy Barnhart 318.20 Senior Exemption 1/2/2009 Nancy Barnhart 320.51 Senior Exemption 1/2/2009 Nancy Barnhart 295.04 Senior Exemption 1/2/2009 Nicholas & Merrily Aliotti 1,660.79 Senior Exemption 1/2/2009 Ray & Pamela McHatten 1,630.87 Senior Exemption 1/2/2009 Ray & Pamela McHatten 1,456.16 Senior Exemption 1/2/2009 Ray & Pamela McHatten 1,436.62 Senior Exemption 1/2/2009 Ray & Pamela McHatten 1,542.68 Senior Exemption 1/2/2009 Robert & Connie Porter 1,067.94 Senior Exemption 1/2/2009 Robert & Connie Porter 1,620.27 Senior Exemption 1/2/2009 Robert & Connie Porter 1,510.64 Senior Exemption 1/2/2009 Robert & Connie Porter 1,036.84 Senior Exemption 1/2/2009 Robert & Elaine Zimmerman 883.10 Senior Exemption 1/2/2009 Robert & Elizabeth Thompson 1,121.64 Senior Exemption 1/2/2009 Robert & Kathryn Farrelly 595.61 Senior Exemption 1/2/2009 Robert & Nellie Weatherby 144.84 Senior Exemption 1/2/2009 Robert & Patricia Kenney 401.00 Senior Exemption 1/2/2009 Robert DeVries 501.05 Senior Exemption 1/2/2009 Robert K & Tong Ju Lee 1,504.15 Senior Exemption 1/2/2009 Robert Tourtelot 441.51 Senior Exemption 1/2/2009 Rose Elliott 282.68 Senior Exemption 1/2/2009 Roy Noble 392.65 Senior Exemption 1/2/2009 Roy Noble 404.39 Senior Exemption 1/2/2009 Roy Noble 427.39 Senior Exemption 1/2/2009 Sara Burnaby 1,792.03 Senior Exemption 1/2/2009 Sara Burnaby 1,956.16 Senior Exemption 1/2/2009 Sara Burnaby 2,055.68 Senior Exemption 1/2/2009 Sara Burnaby 2,220.93 Senior Exemption 1/2/2009 Thomas Carrillo 350.27 Senior Exemption 1/2/2009 William Van Etten 1,320.21 Senior Exemption 1/9/2009 Betty & Judith A Medema 1,378.19 Senior Exemption 1/9/2009 Betty & Judith A Medema 1,615.55 Senior Exemption 1/4/2010 Property Tax Refunds - Exhibit A Page 2 of 24 200 Dated Refunded to: Amount Reason 1/9/2009 Betty & Judith A Medema 1,185.94 Senior Exemption 1/9/2009 Betty & Judith A Medema 1,418.08 Senior Exemption 1/9/2009 Broadstripe 2,978.23 Clerical Corrected 1/9/2009 Broadstripe 269.71 Clerical Corrected 1/9/2009 Busara Thai Cuisine 753.72 Clerical Error 1/9/2009 Carol Cousins 1,015.63 Senior Exemption 1/9/2009 Christian Starks 929.35 Senior Exemption 1/9/2009 Christopher Kaas 164.23 Destroyed Property 1/9/2009 Christopher Kaas 202.77 Destroyed Property 1/9/2009 City of Ferndale 309.31 Gov't Purchase Tax Status Change 1/9/2009 Clarence & Violet Kenoyer 1,248.28 Senior Exemption 1/9/2009 Clinton Sanderson 55.36 Senior Exemption 1/9/2009 Clinton Sanderson 50.67 Senior Exemption 1/9/2009 Diann Sullivan 373.96 Senior Exemption 1/9/2009 Donald & Rhonda Zwade 135.33 Manifest Error 1/9/2009 Donald & Rhonda Zwade 130.13 Manifest Error 1/9/2009 Donald & Rhonda Zwade 152.18 Manifest Error 1/9/2009 Donald & Rhonda Zwade 141.89 Manifest Error 1/9/2009 Donald & Susan Keene 368.95 Manifest Error 1/9/2009 Donald & Susan Keene 342.53 Manifest Error 1/9/2009 Donald & Susan Keene 311.22 Manifest Error 1/9/2009 Dorothy Traver 1,326.17 Senior Exemption 1/9/2009 Douglas & Lynne Henderson 362.06 Destroyed Property 1/9/2009 Elizabeth Corning 401.80 Senior Exemption 1/9/2009 Evelyn Meyers 1,179.74 Senior Exemption 1/9/2009 Gerrit & Marie Ten Kley 262.28 Senior Exemption 1/9/2009 Harry Ison 655.89 Senior Exemption 1/9/2009 Harry Ison 728.84 Senior Exemption 1/9/2009 Harry Ison 638.59 Senior Exemption 1/9/2009 Harry Ison 693.54 Senior Exemption 1/9/2009 Inge Bubnash 538.84 Senior Exemption 1/9/2009 Inge Bubnash 549.87 Senior Exemption 1/9/2009 Inge Bubnash 505.01 Senior Exemption 1/9/2009 Inge Bubnash 593.82 Senior Exemption 1/9/2009 James & Colleen Laurie 852.24 Senior Exemption 1/9/2009 James & Colleen Laurie 2,040.02 Senior Exemption 1/9/2009 Jeanne Cowan 954.65 Senior Exemption 1/9/2009 Jeanne Cowan 882.07 Senior Exemption 1/9/2009 Jeffrey St Lawrence 62.12 Destroyed Property 1/4/2010 Property Tax Refunds - Exhibit A Page 3 of 24 201 Dated Refunded to: Amount Reason 1/9/2009 John & Dorothy May 577.77 Senior Exemption 1/9/2009 John & Jacqueline Troglia 219.60 Manifest Error 1/9/2009 John Newhouse 1,271.35 Senior Exemption 1/9/2009 John Newhouse 923.60 Senior Exemption 1/9/2009 John Scheer & Carol Tribe 2,173.88 Senior Exemption 1/9/2009 Joseph Slevin 486.04 Senior Exemption 1/9/2009 Joseph Slevin 557.61 Senior Exemption 1/9/2009 Joseph Slevin 610.83 Senior Exemption 1/9/2009 Joseph Slevin 469.42 Senior Exemption 1/9/2009 Kenneth & Evelyn Crawford 1,016.27 Senior Exemption 1/9/2009 Kevis Sluys & Irene Lee-Sluys 277.26 Manifest Error 1/9/2009 Kevis Sluys & Irene Lee-Sluys 300.71 Manifest Error 1/9/2009 Kevis Sluys & Irene Lee-Sluys 301.60 Manifest Error 1/9/2009 Kevis Sluys & Irene Lee-Sluys 334.48 Manifest Error 1/9/2009 Lee & Mark McDonald 97.65 Senior Exemption 1 /912009 Linda Eberle 734.11 Senior Exemption 1/9/2009 Linda Eberle 1,325.26 Senior Exemption 1/9/2009 Linda Eberle 596.92 Senior Exemption 1/9/2009 Mae Ann Pederson 1,181.84 Senior Exemption 1/9/2009 Mae Ann Pederson 924.79 Senior Exemption 1/9/2009 Marc & JoAnn Mullen 882.42 Senior Exemption 1/9/2009 Marc & JoAnn Mullen 497.67 Senior Exemption 1/9/2009 Marion R Foote 1,001.14 Manifest Error 1/9/2009 Marion R Foote 1,243.03 Manifest Error 1/9/2009 Marion R Foote 1,101.02 Manifest Error 1/9/2009 Marion R Foote 1,170.17 Manifest Eror 1/9/2009 Mary Shliff 297.14 Senior Exemption 1/9/2009 Matrix Service Inc 7,736.97 Clerical Corrected 1/9/2009 Matrix Service Inc 9,586.88 Clerical Corrected 1/9/2009 Michael Eisenberg 1,595.82 Senior Exemption 1/9/2009 Quality Roofing 629.27 Destroyed Property 1/9/2009 R&R Builders Inc 892.63 Destroyed Property 1/9/2009 Richard & Janis Tremaine 159.08 Manifest Error 1/9/2009 Richard & Janis Tremaine 173.12 Manifest Error 1/9/2009 Richard & Janis Tremaine 173.37 Manifest Error 1/9/2009 Ronald & Wanda Schleisner 1,121.28 Senior Exemption 1/9/2009 Ronald & Wanda Schleisner 2,475.37 Senior Exemption 1/9/2009 Ronald Horn 513.83 Senior Exemption 1/9/2009 Sam Henley 732.96 Senior Exemption 1/4/2010 Property Tax Refunds - Exhibit A Page 4 of 24 202 Dated Refunded to: Amount Reason 1/9/2009 Sharon Markham 493.58 Senior Exemption 1/9/2009 Sherman Bronsink 2,799.46 Destroyed Property 1/9/2009 Sidney & Linda Mellema 218.09 Manifest Error 1/9/2009 Theodore & Catherine Minaker 656.35 Senior Exemption 1/9/2009 1 Theodore & Catherine Minaker 1,359.81 Senior Exemption 1/9/2009 Timothy Earle 2,519.54 Senior Exemption 1/9/2009 Timothy Earle 2,730.25 Senior Exemption 1/9/2009 Vonnie Chantrill 859.36 Senior Exemption 1/9/2009 Zetta Bracher 1,591.75 Senior Exemption 1/16/2009 Edwin & Patricia Thurier 1,217.09 Senior Exemption 1/16/2009 Jason & Jennifer Leigh 137.57 Manifest Error 1/16/2009 Jason & Jennifer Leigh 131.35 Manifest Error 1/16/2009 Jason & Jennifer Leigh 150.61 Manifest Error 1/16/2009 Joseph L Alexander 19.27 Manifest Error 1/16/2009 Joseph L Alexander 21.53 Manifest Error 1/16/2009 Joseph L Alexander 21.01 Manifest Error 1/16/2009 Joseph L Alexander 17.29 Manifest Error 1/16/2009 Lyeanna Luttrell 1,458.03 Senior Exemption 1/16/2009 Lyeanna Luttrell 770.73 Senior Exemption 1/16/2009 Lyeanna Luttrell 799.93 Senior Exemption 1/16/2009 Lyeanna Luttrell 1,376.24 Senior Exemption 1/16/2009 Sumas Video 272.77 Out of Business 1/16/2009 Violet Salmon 65.97 Senior Exemption 1/16/2009 Whatcom Counseling & Psychiatric Clinic 1,850.92 Tax Status Change 1/23/2009 Adam & Tamara Prince 720.72 Manifest Error 1/23/2009 Adam & Tamara Prince 263.49 Manifest Error 1/23/2009 Betty Selene 56.11 Senior Exemption 1/23/2009 James & Joanna Skinner 364.90 Senior Exemption 1/23/2009 James & Joanna Skinner 410.96 Senior Exemption 1/23/2009 Mark E Millenaar 239.49 Manifest Error 1/23/2009 Mark E Millenaar 217.00 Manifest Error 1/23/2009 Mark E Millenaar 209.17 Manifest Error 2/20/2009 Barbara Nelson 365.80 Senior Exemption 2/20/2009 Bernice Held 803.78 Senior Exemption 2/20/2009 Dennis Smith & Gail Weiss 1,789.05 Senior Exemption 2/20/2009 F. Daniel Dill 555.62 Senior Exemption 2/20/2009 Frank & Donna Racanelli 644.35 Destroyed Property 2/20/2009 Frank & Donna Racanelli 620.20 Destroyed Property 2/20/2009 Glenn Boodey 2,127.46 Senior Exemption 1/4/2010 Property Tax Refunds - Exhibit A Page 5 of 24 203 Dated Refunded to: Amount Reason 2/20/2009 Gloria Newman 1,446.73 Senior Exemption 2/20/2009 Jane Conner 682.91 Senior Exemption 2/20/2009 Julia Gorrell 1,150.88 Senior Exemption 2/20/2009 Julia Gorrell 1,245.70 Senior Exemption 2/20/2009 Robert & Elaine Zimmerman 888.73 Senior Exemption 2/20/2009 Robert & Patricia Brauer 205.10 Senior Exemption 2/20/2009 Susan Durfee 1,217.63 Senior Exemption 2/20/2009 Susan Schneider 757.15 Senior Exemption 2/20/2009 Thomas Carrillo 415.07 Senior Exemption 2/20/2009 Thomas Carrillo 388.43 Senior Exemption 2/20/2009 Zetta Bracher 1,430.07 Senior Exemption 2/20/2009 Zetta Bracher 1,451.00 Senior Exemption 3/6/2009 Blake & Kenalyn Ambers 1,037.57 Senior Exemption 3/6/2009 Blake & Kenalyn Ambers 1,681.05 Senior Exemption 3/6/2009 Brian M Timmer 375.92 Destroyed Property 3/6/2009 D. Lloyd 109.99 Destroyed Property 3/6/2009 Maksim Sergey Lebedev 19.23 Destroyed Property 3/13/2009 Bobcat Services Isaacs Grading & Trenching Inc 265.20 Clerical Correction 3/13/2009 Melanie Holtrop & Michelle Reynolds DBA Hair 18.19 Clerical Correction Panache 3/13/2009 Pablo Schroeder 550.82 Paid in Error 3/20/2009 Robin Westford 2,519.34 Paid in Error 3/27/2009 Anderson Equipment 2,135.36 Paid in Error 3/27/2009 Ariana Khent 1,272.06 Senior Exemption 3/27/2009 Ariana Khent 1,294.23 Senior Exemption 3/27/2009 Ariana Khent 926.21 Senior Exemption 3/27/2009 Avjet Corporation 2,038.97 State Board Tax Appeal 3/27/2009 Diana Cornelius 1,271.03 Paid in Error 3/27/2009 Eleanor Johnson 415.87 Senior Exemption 3/27/2009 Gary & Georgia May 652.57 Senior Exemption 3/27/2009 Gary & Georgia May 343.19 Senior Exemption 3/27/2009 Gary & Georgia May 533.59 Senior Exemption 3/27/2009 Gary & Georgia May 965.74 Senior Exemption 3/27/2009 George & Maria Williams 567.55 Senior Exemption 3/27/2009 Georgia Pacific Corp 51,013.88 Tax Status Change 3/27/2009 Gregory & Marilynn Rich 2,464.11 Senior Exemption 3/27/2009 Katheryn Hamilton 114.12 Senior Exemption 3/27/2009 Katheryn Hamilton 103.95 Senior Exemption 3/27/2009 Mary Jones & Iris Worden 367.83 Senior Exemption 3/27/2009 Mary Jones & Iris Worden 344.91 Senior Exemption 1/4/2010 Property Tax Refunds - Exhibit A Page 6 of 24 204 Dated Refunded to: Amount Reason 3/27/2009 Myrna Louveau 206.48 Senior Exemption 3/27/2009 Myrna Louveau 643.59 Senior Exemption 3/27/2009 Neil West 511.34 Senior Exemption 3/27/2009 Richard & Marilyn Madden 1,050.05 Senior Exemption 3/27/2009 Richard & Marilyn Madden 1,490.31 Senior Exemption 3/27/2009 Richard & Marilyn Madden 1,373.45 Senior Exemption 3/27/2009 Shaun Robinson 20.78 Senior Exemption 3/27/2009 Shaun Robinson 71.30 Senior Exemption 3/27/2009 Shaun Robinson 470.71 Senior Exemption 3/27/2009 Stephen Landless 345.69 Senior Exemption 3/27/2009 Stephen Landess 364.31 Senior Exemption 4/3/2009 Chung H & Wai K Yu 250.26 Manifest Error 4/3/2009 Chung H & Wai K Yu 271.65 Manifest Error 4/3/2009 D Kent Walter 543.38 Senior Exemption 4/3/2009 D Kent Walter 605.65 Senior Exemption 4/3/2009 David & Jeannette Hax 324.26 Manifest Error 4/3/2009 David & Jeannette Hax 299.07 Manifest Error 4/3/2009 David T May 86.76 Manifest Error 4/3/2009 David T May 78.87 Manifest Error 4/3/2009 David T May 93.08 Manifest Error 4/3/2009 Jay Mead 630.58 Senior Exemption 4/3/2009 Jill A Gordon 168.99 Manifest Error 4/3/2009 Jill A Gordon 125.56 Manifest Error 4/3/2009 Jill A. Gordon 155.82 Manifest Error 4/3/2009 Joanna Pulver 866.06 Senior Exemption 4/3/2009 John & Dorothy Meixner 293.87 Senior Exemption 4/3/2009 Kathy L Howell 133.74 Record of Survey 4/3/2009 Kathy L Howell 147.17 Record of Survey 4/3/2009 Kathy L Howell 157.88 Record of Survey 4/3/2009 Lawana Chapman 778.54 Senior Exemption 4/3/2009 Linda Lancaster 1,129.04 Senior Exemption 4/3/2009 Louis & Evelyn Lallas, Trustee 275.20 Manifest Error 4/3/2009 Louis & Evelyn Lallas, Trustees 253.44 Manifest Error 4/3/2009 Louis & Evelyn Lallas, Trustees 275.98 Manifest Error 4/3/2009 Louis & Karen Kovacs 2,832.14 Senior Exemption 4/3/2009 Louis & Karen Kovacs 2,614.76 Senior Exemption 4/3/2009 Louis & Karen Kovacs 2,784.63 Senior Exemption 4/3/2009 Robert & Elizabeth Patton 131.07 Manifest Error 4/3/2009 Robert & Elizabeth Patton 137.40 Manifest Error 1/4/2010 Property Tax Refunds - Exhibit A Page 7 of 24 205 Dated Refunded to: Amount Reason 4/3/2009 Robert & Elizabeth Patton 116.53 Manifest Error 4/3/2009 Shirley Ridpath 471.01 Senior Exemption 4/3/2009 Sunset Commons LLC 1,258.97 Clerical Correction 4/3/2009 Sunset Commons LLC 2,425.12 Clerical Correction 4/3/2009 Sunset Commons LLC 474.36 Clerical Correction 4/3/2009 Sunset Commons LLC 1,424.85 Clerical Correction 4/3/2009 Susan B Kaplan 16.57 Manifest Error 4/3/2009 Susan B Kaplan 17.92 Manifest Error 4/3/2009 Susan B Kaplan 18.06 Manifest Error 4/3/2009 Theresa O'Brien 1,091.11 Senior Exemption 4/3/2009 Theresa O'Brien 1,457.35 Senior Exemption 4/3/2009 Warren Vander Linden 683.78 Senior Exemption 4/3/2009 Warren Vander Linden 630.75 Senior Exemption 4/3/2009 William & Marilyn Howard 990.18 Senior Exemption 4/3/2009 William & Marilyn Howard 595.58 Senior Exemption 4/10/2009 Charlene Bol 882.57 Senior Exemption 4/10/2009 Charlene Bol 628.54 Senior Exemption 4/10/2009 Charlene Bol 669.08 Senior Exemption 4/10/2009 Danelia Fanello 636.98 Senior Exemption 4/10/2009 Donna Luke 2,121.48 Senior Exemption 4/10/2009 Donna Luke 1,601.46 Senior Exemption 4/10/2009 Donna Luke 1,722.27 Senior Exemption 4/10/2009 Elizabeth Longwell 1,272.50 Senior Exemption 4/10/2009 Florence Monroe 1,075.84 Senior Exemption 4/10/2009 Florence Monroe 1,176.84 Senior Exemption 4/10/2009 Gary Porter & Karen McMains 197.13 Senior Exemption 4/10/2009 Greg Olson 1,191.82 Senior Exemption 4/10/2009 James Myers 1,077.82 Senior Exemption 4/10/2009 James Myers 1,117.10 Senior Exemption 4/10/2009 James Myers 1,016.73 Senior Exemption 4/10/2009 James Webb & Judy Hodges 1,008.64 Senior Exemption 4/10/2009 John Damianidis 476.86 Tax Status Change 4/10/2009 Juliette Zentelis 22.81 Senior Exemption 4/10/2009 Ned England 1,253.19 Senior Exemption 4/10/2009 Ned England 1,331.84 Senior Exemption 4/10/2009 Phycor Inc 32.46 Portion for Road 4/10/2009 Phycor LLC 38.77 Senior Exemption 4/10/2009 Richard Back & Grace Picard 508.67 Senior Exemption 4/10/2009 Richard Back & Grace Picard 141.94 Senior Exemption 1/4/2010 Property Tax Refunds - Exhibit A Page 8 of 24 206 Dated Refunded to: Amount Reason 4/10/2009 Richard Back & Grace Picard 553.18 Senior Exemption 4/10/2009 Stephen Landess 326.63 Senior Exemption 4/10/2009 Whatcom Land Trust 363.75 Tax Status Change 4/17/2009 Beverly Reed, Trustee 501.87 Senior Exemption 4/17/2009 David & Judy Bozarth 445.97 Senior Exemption 4/17/2009 Diana Conour 1,222.19 Senior Exemption 4/17/2009 Elinor Hayes 585.30 Senior Exemption 4/17/2009 Ivan Beswatherick 528.81 Senior Exemption 4/17/2009 John & Misty Thomas 1,652.92 Paid in Error 4/17/2009 Judith Cohea 780.25 Senior Exemption 4/17/2009 Judy Kincaid -King 1,571.93 Senior Exemption 4/17/2009 Judy Kincaid -King 1,457.04 Senior Exemption 4/17/2009 Judy Kincaid -King 1,328.72 Senior Exemption 4/17/2009 Judy Kincaid -King 1,601.31 Senior Exemption 4/17/2009 Katherine Van Ry 1,037.09 Senior Exemption 4/17/2009 Katherine Van Ry 1,835.33 Senior Exemption 4/17/2009 Katherine Van Ry 1,228.49 Senior Exemption 4/17/2009 Kathleen Reynolds 121.42 Senior Exemption 4/17/2009 Steven Pacheco 413.27 Senior Exemption 4/17/2009 Steven Pacheco 453.38 Senior Exemption 4/17/2009 Steven Pacheco 471.27 Senior Exemption 4/24/2009 Advent Christian Church 1,925.32 Tax Status Change 4/24/2009 Advent Christian Church 704.11 Tax Status Change 4/24/2009 Daniel & Catherine Lowell 370.88 Manifest Error 4/24/2009 Daniel & Catherine Lowell 403.62 Manifest Error 4/24/2009 Daniel & Catherine Lowell 402.39 Manifest Error 4/24/2009 Duty Free Americas Inc 476.37 Tax Status Change 4/24/2009 Duty Free Americas Inc 826.63 Tax Status Change 4/24/2009 James L Rowse 19.16 Manifest Error 4/24/2009 Phillip M & Margaret A Schiedel 114.50 Manifest Error 4/24/2009 Phillip M & Margaret A Schiedel 124.12 Manifest Error 4/24/2009 Phillip M & Margaret A Schiedel 124.56 Manifest Error 4/24/2009 Samuel D & Carole L Henley 152.68 Board of Equalization 4/24/2009 Solon G Gray & Marueen Connelly 134.29 Manifest Error 4/24/2009 Solon G Gray & Marueen Connelly 123.57 Manifest Error 4/24/2009 Solon G Gray & Marueen Connelly 133.60 Manifest Error 4/24/2009 Steven M Schreiber 584.69 Manifest Error 4/24/2009 Steven M Schreiber 537.11 Manifest Error 4/24/2009 Steven M Schreiber 534.43 Manifest Error 1/4/2010 Property Tax Refunds - Exhibit A Page 9 of 24 207 Dated Refunded to: Amount Reason 4/24/2009 Void 152.68 Board of Equalization 4/30/2009 Lei L Jefferson 890.15 Paid in Error 5/5/2009 Walter & Lada Hekala 1,560.62 Paid in Error 5/8/2009 L A Robertson Farms Inc 266.67 Clerical Error 5/8/2009 L A Robertson Farms Inc 223.88 Clerical Error 5/8/2009 L A Robertson Farms Inc 247.05 Clerical Error 5/11/2009 Elleda Linn 147.85 Senior Exemption 5/11/2009 Elleda Linn 134.06 Senior Exemption 5/15/2009 Allen Saar 171.11 Manifest Error 5/15/2009 Allen Saar 171.16 Manifest Error 5/15/2009 Alvin ;& Barbara Pittman 204.06 Senior Exemption 5/15/2009 Alys Kennedy 141.62 Senior Exemption 5/15/2009 Andres Badillo 689.98 Paid in Error 5/15/2009 Carol Pintel 361.79 Senior Exemption 5/15/2009 Chester & Veleta Young 710.34 Paid in Error 5/15/2009 David Pillinger 208.30 Paid in Error 5/15/2009 Edward J Evins 86.66 Manifest Error 5/15/2009 Edward J Evins 94.37 Manifest Error 5/15/2009 Edward J Evins 164.32 Manifest Error 5/15/2009 Eric Valsonis & Suzanne Tucker 273.25 Senior Exemption 5/15/2009 Esther Faber 302.78 Senior Exemption 5/15/2009 Fayette Farinha 449.34 Senior Exemption 5/15/2009 Fayette Farinha 405.58 Senior Exemption 5/15/2009 Fayette Farinha 391.42 Senior Exemption 5/15/2009 Glenhaven Lakes Club Inc 44.63 Court Order 5/15/2009 Glenhaven Lakes Club Inc 27.90 Court Order 5/15/2009 Glenhaven Lakes Club Inc 27.90 Court Order 5/15/2009 Glenhaven Lakes Club Inc 55.80 Court Order 5/15/2009 Glenhaven Lakes Club Inc 55.80 Court Order 5/15/2009 Glenhaven Lakes Club Inc 50.23 Court Order 5/15/2009 Glenhaven Lakes Club Inc 27.90 Court Order 5/15/2009 Jerome & Jeanne Hustead 1,013.87 Paid in Error 5/15/2009 Jesse & Liliana Sacdalan 1,045.30 Paid in Error 5/15/2009 John & Ileana Kretz 1,061.23 Senior Exemption 5/15/2009 Joseph & Colette Barnett 25.12 Senior Exemption 5/15/2009 Karen LePage 746.09 Paid in Error 5/15/2009 Lucius & Jule Button 606.82 Paid in Error 5/15/2009 Mark A Morgan 149.57 Destroyed Property 5/15/2009 Mark AMorgan 1,038.41 Destroyed Property 1/4/2010 Property Tax Refunds - Exhibit A Page 10 of 24 Dated Refunded to: Amount Reason 5/15/2009 Marusca Giaconi 338.36 Senior Exemption 5/15/2009 Nelson & Violet Stratton 223.83 Senior Exemption 5/15/2009 Prescott F Wild 500.98 Senior Exemption 5/15/2009 Roger & Nancy Barnhart 223.65 Manifest Error 5/15/2009 Roger & Nancy Barnhart 205.45 Manifest Error 5/15/2009 Roger & Nancy Barnhart 222.67 Manifest Error 5/15/2009 Rosalie Topper 355.05 Senior Exemption 5/15/2009 Susan Barrett 179.91 Senior Exemption 5/15/2009 Terri Richeson 559.05 Senior Exemption 5/15/2009 Timothy & Tammy Wiersma 318.77 Manifest Error 5/15/2009 Todd & Sarah Witte 1,723.01 Paid in Error 5/21/2009 Joyce Russell 826.69 Paid in Error 5/22/2009 Blake R & Kristine F Allen 307.26 Manifest Error 5/22/2009 Blake R & Kristine F Allen 334.60 Manifest Error 5/22/2009 Blake R & Kristine F Allen 332.90 Manifest Error 5/22/2009 Brian Tines 1,613.08 Paid in Error 5/22/2009 Chandos Maree & Charles G Baker 69.57 Senior Exemption 5/22/2009 David & Joanne Shirra 112.96 Senior Exemption 5/22/2009 David Houghtaling 694.79 Senior Exemption 5/22/2009 David Houghtaling 1,290.34 Senior Exemption 5/22/2009 David Houghtaling 1,466.87 Senior Exemption 5/22/2009 David Houghtaling 1,413.66 Senior Exemption 5/22/2009 Don Wilcox 1,496.25 Senior Exemption 5/22/2009 Dona Molina 1,227.02 Paid in Error 5/22/2009 Edith Kline 59.94 Senior Exemption 5/22/2009 Eric & Molly Hixon 1,368.84 Paid in Error 5/22/2009 Estate of Massad F Boulos 1,184.74 Paid in Error 5/22/2009 G Edmund Williams & Heather M Stearn 1,202.75 Paid in Error 5/22/2009 Hazel Reed 1,717.17 Senior Exemption 5/22/2009 Hazel Reed 1,240.96 Senior Exemption 5/22/2009 Hazel Reed 689.05 Senior Exemption 5/22/2009 James Gillies & Barbara Rombold-Gillies 507.85 Senior Exemption 5/22/2009 Ken Y Judy Visser 2,066.89 Senior Exemption 5/22/2009 Kent & Judy Visser 1,359.00 Senior Exemption 5/22/2009 Margaret Lambert 99.09 Senior Exemption 5/22/2009 Martha Kiser 1,444.31 Senior Exemption 5/22/2009 Martha Kiser 1,566.23 Senior Exemption 5/22/2009 Martha Kiser 1,524.80 Senior Exemption 5/22/2009 Michael & Kathleen Lambert 2,957.09 Paid in Error 1/4/2010 Property Tax Refunds - Exhibit A Page 11 of 24 209 Dated Refunded to: Amount Reason 5/22/2009 Nisha Buksh 138.24 Senior Exemption 5/22/2009 Parvis Kazemzadeh 773.69 Senior Exemption 5/22/2009 Parvis Kazemzadeh 821.33 Senior Exemption 5/22/2009 Peter Lee 1,245.27 Senior Exemption 5/22/2009 Peter Lee 1,357.19 Senior Exemption 5/22/2009 Peter Lee 1,347.47 Senior Exemption 5/22/2009 Sally Hewitt 433.23 Senior Exemption 5/22/2009 Vernon & Elizabeth Chapin 299.84 Senior Exemption 6/5/2009 Barbara Penchuk 425.13 Senior Exemption 6/5/2009 Blossom Management Co 8,112.03 Paid in Error 6/5/2009 Charles Nielsen 1,262.57 Senior Exemption 6/5/2009 Cheryl L Cook 1,718.36 Paid in Error 6/5/2009 Curtis Mclvor 1,084.33 Senior Exemption 6/5/2009 Douglas Dodd & Denise Guren 109.84 Senior Exemption 6/5/2009 Elleda Lenn 157.51 Senior Exemption 6/5/2009 Floyd & Leola Dwight 127.91 Senior Exemption 6/5/2009 Gerben & Shirley DeBoer 707.31 Senior Exemption 6/5/2009 Gerben & Shirley DeBoer 150.70 Senior Exemption 6/5/2009 Gerben & Shirley DeBoer 2,079.20 Senior Exemption 6/5/2009 Glen & Donna J VanBeek 716.03 Manifest Error 6/5/2009 Glen & Donna J VanBeek 661.23 Manifest Error 6/5/2009 Glen & Donna J VanBeek 719.63 Manifest Error 6/5/2009 Green Frog Cafe LLC 424.03 Out of Business 6/5/2009 Green Frog Cafe LLC 477.32 Out of Business 6/5/2009 Henry Hoefakker 386.89 Senior Exemption 6/5/2009 James & Sherry Leuenberger 672.98 Senior Exemption 6/5/2009 Jeffrey & Julie Anderson 3,361.38 Paid in Error 6/5/2009 Jeri L Anderson 235.11 Senior Exemption 6/5/2009 Larry L Drake 130.11 Senior Exemption 6/5/2009 Marguerite Zilinek 381.71 Senior Exemption 6/5/2009 Mark & Christine Hall 99.53 Senior Exemption 6/5/2009 Martin Wormald & Lori Takeoka 277.55 Senior Exemption 6/5/2009 Mikhail & Yeva Matyuk 2,050.15 Senior Exemption 6/5/2009 ralph & Gwendolyn Willis 201.84 Senior Exemption 6/5/2009 Randall & Judith Peck 590.19 Paid in Error 6/5/2009 Reginald & Renate Cleveland 592.15 Senior Exemption 6/5/2009 Ronald & Nancy Haugness 604.55 Senior Exemption 6/5/2009 Rufino & Cecelia Hernandez 40.38 Destroyed Property 6/5/2009 Sena T Bates 59.83 Senior Exemption 1/4/2010 Property Tax Refunds - Exhibit A Page 12 of 24 210 Dated Refunded to: Amount Reason 6/5/2009 Sharonne Johnson 522.95 Senior Exemption 6/5/2009 Steven & Sara Simard 518.37 Senior Exemption 6/5/2009 Sylvia Maneval 442.41 Senior Exemption 6/5/2009 Thomas Brakus 359.00 Senior Exemption 6/5/2009 Thomas Brakus 387.82 Senior Exemption 6/5/2009 Thomas Brakus 326.33 Senior Exemption 6/5/2009 Vernalu Moreno 108.70 Senior Exemption 6/5/2009 Vernalu Moreno 773.68 Senior Exemption 6/5/2009 Vernalu Moreno 1,251.37 Senior Exemption 6/5/2009 William & Kathleen Day 76.47 Senior Exemption 6/5/2009 William & Kathleen Day 124.85 Senior Exemption 6/12/2009 Amy Alps 595.58 Senior Exemption 6/12/2009 Audrey Einarson 1,021.53 Senior Exemption 6/12/2009 Audrey Einarson 1,488.68 Senior Exemption 6/12/2009 Audrey Einarson 1,609.93 Senior Exemption 6/12/2009 Audrey Einarson 540.58 Senior Exemption 6/12/2009 Binda Colebrook 703.30 Senior Exemption 6/12/2009 Buren & Diane Smith 26.84 Senior Exemption 6/12/2009 Buren & Diane Smith 28.70 Senior Exemption 6/12/2009 Buren & Diane Smith 24.40 Senior Exemption 6/12/2009 C Landrum Bowen 9.11 Manifest Error 6/12/2009 C Landrum Bowen 8.36 Manifest Error 6/12/2009 C Landrum Bowen 9.06 Manifest Error 6/12/2009 Dianna Kirkham 165.72 Senior Exemption 6/12/2009 Donna Pearson 629.46 Senior Exemption 6/12/2009 Donna Pearson 1,734.99 Senior Exemption 6/12/2009 Douglas & Cathy Zender 759.68 Paid in Error 6/12/2009 Evelyn Plmer 60.18 Senior Exemption 6/12/2009 Garry Harris 113.03 Board of Equalization 6/12/2009 Gene M. Morgan 930.92 Senior Exemption 6/12/2009 George & Margarita Terek 18.77 Destroyed Property 6/12/2009 Gerald & Kathe Lundquist 1,646.52 Senior Exemption 6/12/2009 Gerald & Kathe Lundquist 1,848.02 Senior Exemption 6/12/2009 Glen Tenkley & Barbara Hershey 249.37 Manifest Error 6/12/2009 Glen Tenkley & Barbara Hershey 224.84 Manifest Error 6/12/2009 Glen Tenkley & Barbara Hershey 266.19 Manifest Error 6/12/2009 Gregory & Marilynn Rich 876.42 Senior Exemption 6/12/2009 Helen Parberry 387.52 Senior Exemption 6/12/2009 Ingrid Lundren 105.98 Senior Exemption 1/4/2010 Property Tax Refunds - Exhibit A Page 13 of 24 211 Dated Refunded to: Amount Reason 6/12/2009 Ivor & Delynda Satero 53.33 Manifest Error 6/12/2009 Ivor & Delynda Satero 57.23 Manifest Error 6/12/2009 Ivor & Delynda Satero 61.19 Manifest Error 6/12/2009 James & Cindy Avenger 610.32 Senior Exemption 6/12/2009 James & Cindy Avenger 194.83 Senior Exemption 6/12/2009 James & Cindy Avenger 146.22 Senior Exemption 6/12/2009 John & Camilla Geddes 65.86 Senior Exemption 6/12/2009 Kathleen Nichols 415.47 Senior Exemption 6/12/2009 L Louise Carlone 598.46 Senior Exemption 6/12/2009 L Louise Carlone 152.73 Senior Exemption 6/12/2009 L Louise Carlone 570.10 Senior Exemption 6/12/2009 Larry & Beverly Marshall 35.44 Manifest Error 6/12/2009 Larry & Beverly Marshall 35.63 Manifest Error 6/12/2009 Larry & Beverly Marshall 32.74 Manifest Error 6/12/2009 Laurel Court Studios LLC 304.12 Manifest Error 6/12/2009 Laurel Court Studios LLC 912.38 Manifest Error 6/12/2009 Laurel Court Studios LLC 988.73 Manifest Error 6/12/2009 Laurel Court Studios LLC 329.57 Manifest Error 6/12/2009 Laurel Court Studios LLC 993.60 Manifest Error 6/12/2009 Laurel Court Studios LLC 331.20 Manifest Error 6/12/2009 Louis LaCariere 361.96 Senior Exemption 6/12/2009 Mary Sealund 311.69 Senior Exemption 6/12/2009 Michael Taylor 68.86 Destroyed Property 6/12/2009 Ok Hyun & Ok Sup Cho 1,431.92 Paid in Error 6/12/2009 Patricia Brooks 118.69 Senior Exemption 6/12/2009 Patricia Mitchell 942.27 Senior Exemption 6/12/2009 Paul Argo & Marjorie Prentice 210.32 Senior Exemption 6/12/2009 Randy McCauley 387.25 Senior Exemption 6/12/2009 Richard & Sandra Reis 78.24 Destroyed Property 6/12/2009 Roberty & Gloria Bovenkamp 11.90 Tax Status Change 6/12/2009 Robin Rieck 446.74 Senior Exemption 6/12/2009 Rod Bramn 101.40 Out of Business 6/12/2009 Ronald Hewitt 288.34 Senior Exemption 6/12/2009 Roseanna Page 95.78 Senior Exemption 6/12/2009 Ruth Pagnossin 229.42 Senior Exemption 6/12/2009 Sally & James Rowse 531.35 Senior Exemption 6/12/2009 Sandra McKinnon 270.17 Senior Exemption 6/12/2009 Schaara Chase 763.81 Senior Exemption 6/12/2009 Schaara Chase 1,738.41 Senior Exemption 1/4/2010 Property Tax Refunds - Exhibit A Page 14 of 24 212 Dated Refunded to: Amount Reason 6/12/2009 Sharon Blook 739.95 Senior Exemption 6/12/2009 Sharon Bredman 681.49 Senior Exemption 6/12/2009 Sharon Bredman 699.44 Senior Exemption 6/12/2009 Sharon Bredman 214.23 Senior Exemption 6/12/2009 Sheila L Kelly 1,548.10 Senior Exemption 6/12/2009 Sheila L Kelly 20.73 Senior Exemption 6/12/2009 Shiraz & Neila Balolia 193.13 Tax Status Change 6/12/2009 Shiraz & Neila Balolia 50.41 Tax Status Change 6/12/2009 Shirley Churchill 986.76 Senior Exemption 6/12/2009 Shirley Churchill 873.01 Senior Exemption 6/12/2009 Shirley Churchill 1,089.96 Senior Exemption 6/12/2009 Shirley Churchill 1,170.03 Senior Exemption 6/12/2009 Sonia Vanderveen 559.62 Senior Exemption 6/12/2009 Stephen Bailey 72.31 Paid in Error 6/12/2009 Stephen Bailey 596.76 Paid in Error 6/12/2009 Steve Powers 22.05 Clerical Correction 6/12/2009 Susan L Stephenson 177.56 Manifest Error 6/12/2009 Susan L Stephenson 163.27 Manifest Error 6/12/2009 Susan L Stephenson 176.52 Manifest Error 6/12/2009 The Loft Restaurant 67.07 Destroyed Property 6/12/2009 Thomas Williams 870.97 Senior Exemption 6/12/2009 Thomas Yost 287.73 Senior Exemption 6/12/2009 Virginia Clarenbach 140.52 Senior Exemption 6/12/2009 Walter, Ronald Cowin & Dorothy Partlow 36.36 Senior Exemption 6/12/2009 Whatcom Land Trust 520.09 Tax Status Change 6/12/2009 William Turpin 244.38 Senior Exemption 6/12/2009 Wookstock International Inc 203.67 Tax Status Change 6/19/2009 Alexandr G & Irina Gobelko 1,064.39 Paid in Error 6/19/2009 Daniel Wakeland & Charlotte Waller Wakeland 3,064.36 Paid in Error 6/19/2009 Gerald & Frances Sheire 83.27 Senior Exemption 6/19/2009 Howard Clarke & Gina Westrich 709.08 Paid in Error 6/19/2009 John & Elizabeth Armitstead 174.07 Senior Exemption 6/19/2009 Kenneth Swanson 130.69 Senior Exemption 6/19/2009 Marion E Fayette for Ed F Fayette 674.28 Paid in Error 6/19/2009 Philip Marble 441.56 Senior Exemption 6/19/2009 Travis R Jones 1,139.06 Paid in Error 6/26/2009 Damien & Erika Postmus 124.53 Destroyed Property 6/26/2009 Dolores Vanstone 118.68 Manifest Error 6/26/2009 Dolores Vanstone 128.85 Manifest Error 1/4/2010 Property Tax Refunds - Exhibit A Page 15 of 24 213 Dated Refunded to: Amount Reason 6/26/2009 Dolores Vanstone 128.23 Manifest Error 6/26/2009 Fred M & Linda L Kinney 483.63 Corrective Evaluation 6/26/2009 Joene Peel 388.90 Manifest Error 6/26/2009 Joene Peel 459.27 Manifest Error 6/26/2009 Joene Peel 430.16 Manifest Error 6/26/2009 Raymond Backman 26.79 Manifest Error 6/26/2009 Raymond Backman 24.61 Manifest Error 6/26/2009 Raymond Backman 26.58 Manifest Error 6/26/2009 Ricky & Tracy James 71.11 Destroyed Property 6/26/2009 Robert & Celeste Shipp 306.39 Tax Status Change 6/26/2009 Thomas & Carol Bennett 35.83 Destroyed Property 6/26/2009 Warren & Eleanor Kruzich 52.18 Manifest Error 6/26/2009 Warren & Eleanor Kruzich 47.94 Manifest Error 6/26/2009 Whatcom Land Trust 313.32 Tax Status Change 6/26/2009 Whatcom Land Trust 288.58 Tax Status Change 6/26/2009 Whatcom Land Trust 223.14 Tax Status Change 6/26/2009 Whatcom Land Trust 100.55 Tax Status Change 6/26/2009 Whatcom Land Trust 321.64 Tax Status Change 7/2/2009 Aluminum Chambered Boats Inc 82.00 Manifest Error 7/2/2009 Aluminum Chambered Boats Inc 121.60 Manifest Error 7/2/2009 Elsie H Babcock 115.58 Destroyed Property 7/2/2009 Nathan Hamilton & Jennifer Ness 266.69 Senior Exemption 7/2/2009 Nitza Lavon 946.25 Senior Exemption 7/2/2009 Susan Schnider 19.76 Senior Exemption 7/10/2009 Arvin & Bridget Zoerink 23.42 Portion for Road 7/10/2009 Arvin & Bridget Zoerink 46.27 Portion for Road 7/10/2009 Brigid Collins House 99.74 Tax Status Change 7/10/2009 Carlene Beasley 89.14 Senior Exemption 7/10/2009 Elmerine Stickland 179.09 Senior Exemption 7/10/2009 Iola J Vaughn 119.24 Senior Exemption 7/10/2009 James & LouAnn Tolin 17.34 Destroyed Property 7/10/2009 Jason Lind 1,192.12 Manifest Error 7/10/2009 Jason Lind 1,522.54 Manifest Error 7/10/2009 Jason Lind 1,671.05 Manifest Error 7/10/2009 Joyce Curtis 277.85 Senior Exemption 7/10/2009 Karen Blakeway 215.65 Senior Exemption 7/10/2009 Ken & Joyce Caughill 136.56 Senior Exemption 7/10/2009 Lewis Ivicevic & Heidi Scheels 163.74 Manifest Error 7/10/2009 Lewis Ivicevic & Heidi Scheels 180.30 Manifest Error 1/4/2010 Property Tax Refunds - Exhibit A Page 16 of 24 214 Dated Refunded to: Amount Reason 7/10/2009 Lewis Ivicevic & Heidi Scheels 192.72 Manifest Error 7/10/2009 Mildred Lehman 197.14 Senior Exemption 7/10/2009 Opal Hanna 79.16 Senior Exemption 7/10/2009 Rober & Beverly Lafeen 17.10 Portion for Road 7/10/2009 Robert & Maureen Burr 217.98 Board of Equalization 7/10/2009 Theodore Rambur 472.86 Senior Exemption 7/17/2009 Athena Osborn 3,639.93 Senior Exemption 7/17/2009 Athena Osborn 2,627.61 Senior Exemption 7/17/2009 Athena Osborn 1,385.09 Senior Exemption 7/17/2009 Bernice Held 239.02 Senior Exemption 7/17/2009 Carlin Freeberg 617.03 Senior Exemption 7/17/2009 Charlene Postma 383.13 Senior Exemption 7/17/2009 Donald E Smith 364.43 Manifest Error 7/17/2009 Donald E Smith 393.39 Manifest Error 7/17/2009 Donald E Smith 396.77 Manifest Error 7/17/2009 Gertrude Bugler 91.82 Senior Exemption 7/17/2009 Haven Silver & Mardell Rediske 1,081.72 Paid in Error 7/17/2009 Helen Brown 605.65 Senior Exemption 7/17/2009 Jack Maier 131.04 Board of Equalization 7/17/2009 Jason & Tara Den Hartog 436.44 Manifest Error 7/17/2009 Jeri Anderson 471.58 Senior Exemption 7/17/2009 Joseph & Loretta Harkness 162.92 Senior Exemption 7/17/2009 Joseph & Loretta Harkness 203.27 Senior Exemption 7/17/2009 Joy McElvain 583.46 Senior Exemption 7/17/2009 Kathleen A Leach 51.22 Corrective Eval 7/17/2009 Kathleen A Leach 40.22 Senior Exemption 7/17/2009 Kathleen A Leach 43.62 Senior Exemption 7/17/2009 Marguerite Laverty 66.57 Senior Exemption 7/17/2009 Paul & Karen Ridley 149.72 Senior Exemption 7/17/2009 Randy Sandberg 2,291.11 Senior Exemption 7/17/2009 Renee Gilbert 57.45 Senior Exemption 7/17/2009 Ric E Liberman 117.98 Senior Exemption 7/17/2009 Ric E Liberman 650.49 Senior Exemption 7/17/2009 Sehome 1884 LLC 13.75 Tax Status Change 7/17/2009 Suzanne Pattison 98.98 Manifest Error 7/17/2009 Suzanne Pattison 98.04 Manifest Error 7/17/2009 Suzanne Pattison 90.49 Manifest Error 7/17/2009 William & Anita Joyner 111.64 Senior Exemption 7/24/2009 Michael A Lee & Kathy A Swindler 42.76 Manifest Error 1/4/2010 Property Tax Refunds - Exhibit A Page 17 of 24 215 Dated Refunded to: Amount Reason 7/24/2009 Michael A Lee & Kathy A Swindler 40.20 Manifest Error 7/24/2009 Michael Taylor 67.83 Destroyed Property 7/31/2009 Akhim & Angela Singh 581.93 Paid in Error 7/31/2009 E. Norma Sorby 135.66 Senior Exemption 7/31/2009 Grants Drive Inn c/o Lynda O Grant 324.04 Destroyed Property 7/31/2009 Hayden Patten 106.99 Destroyed Property 7/31/2009 Jerry & Carol L. Hopson 74.40 Senior Exemption 7/31/2009 John M & Cherry L Fox 33.28 Destroyed Property 7/31/2009 Kristi A Kennedy Brooks 367.07 Manifest Error 7/31/2009 Kristi A Kennedy Brooks 452.65 Manifest Error 7/31/2009 Kristi A Kennedy Brooks 492.09 Manifest Error 7/31/2009 Michael Chmel & Jean L Smoleroff 113.63 Corrective Evaluation 7/31/2009 Opportunity Council 4,188.37 Tax Status Change 7/31/2009 Ruth Pagnossin 255.39 Senior Exemption 7/31/2009 Ruth Pagnossin 151.23 Senior Exemption 7/31/2009 Schultzie MacDonald & Lynn & Mark MacDonald 84.68 Tax Status Change 7/31/2009 Terry L Bergstedt 2,735.71 Destroyed Property 8/7/2009 Donald & Linda Conroy 253.27 Manifest Error 8/7/2009 Donald & Linda Conroy 316.32 Manifest Error 8/7/2009 Donald & Linda Conroy 343.33 Manifest Error 8/7/2009 Lois Petersen 81.84 Senior Exemption 8/7/2009 Mat Nicolaas & Marlena Byers 1,213.98 Paid in Error 8/7/2009 Monica Romano 282.70 Senior Exemption 8/7/2009 Satwant Singh & Rashpal Kaur 106.75 Senior Exemption 8/7/2009 Sherry L Patrick for Robert Davis 119.11 Destroyed Property 8/7/2009 State of WA Snr Def 37-0185 (Paula Casey) 535.70 Senior Exemption 8/14/2009 Annette Fulford 405.32 Senior Exemption 8/14/2009 Bert W & Reatha Cammack 641.45 Destroyed Property 8/14/2009 Bert W & Reatha Cammack 602.58 Destroyed Property 8/14/2009 Bert W & Reatha Cammack 543.11 Destroyed Property 8/14/2009 Charles Betker POA for Janene McParland 383.02 Senior Exemption 8/14/2009 Charles Betker POA for Janene McParland 302.09 Senior Exemption 8/14/2009 David Henderson 410.16 Senior Exemption 8/14/2009 Diana Campbell 1,036.10 Senior Exemption 8/14/2009 Diana Campbell 930.70 Senior Exemption 8/14/2009 Dorothy Semenow 115.50 Senior Exemption 8/14/2009 Glacier Peak Investment Co Inc 301.99 Tax Status Change 8/14/2009 Harjinder Singh & Harjit Singh Rai 1,238.88 Tax Status Change 8/14/2009 Irene Norton 149.98 Senior Exemption 1/4/2010 Property Tax Refunds - Exhibit A Page 18 of 24 216 Dated Refunded to: Amount Reason 8/14/2009 Janet Myers 111.32 Destroyed Property 8/14/2009 John Hahn 404.63 Senior Exemption 8/14/2009 Kathleen Francis 570.39 Senior Exemption 8/14/2009 Linda Sundstrom 563.93 Senior Exemption 8/14/2009 Margaret Gazur 449.32 Senior Exemption 8/14/2009 Margaret Gazur 406.92 Senior Exemption 8/14/2009 Margaret Gazur 99.08 Senior Exemption 8/14/2009 Marilyn Victor 331.86 Senior Exemption 8/14/2009 Meredith Jacobson 720.31 Senior Exemption 8/14/2009 Meredith Jacobson 697.69 Senior Exemption 8/14/2009 Meredith Jacobson 164.58 Senior Exemption 8/14/2009 Rex Albertson 290.89 Senior Exemption 8/14/2009 Riger Lamb 500.89 Senior Exemption 8/14/2009 Robin Richardson 141.48 Senior Exemption 8/14/2009 Rosa Lyn Householder 81.54 Senior Exemption 8/14/2009 State of WA Snr Def #37-0184 (WIliam 745.61 Senior Exemption Honcoop) 8/14/2009 State of WA Snr Def #37-0184 (WIliam 1,066.51 Senior Exemption Honcoop) 8/14/2009 State of WA Snr Def #37-0184 (WIliam 1,062.78 Senior Exemption Honcoop) 8/14/2009 State of WA Snr Def #37-0184 (William 844.70 Senior Exemption Honcoop) 8/28/2009 Adam & Diana Bailey 116.34 Manifest Error 8/28/2009 Adam & Diana Bailey 2.80 Manifest Error 8/28/2009 Adam & Diana Bailey 123.66 Manifest Error 8/28/2009 Christine Sutton & William Hanes 16.46 Manifest Error 8/28/2009 Christine Sutton & William Hanes 17.90 Manifest Error 8/28/2009 John & Gladys Van Boven 964.53 Destroyed Property 8/28/2009 John & Gladys Van Boven 541.76 Destroyed Property 8/28/2009 John & Gladys Van Boven 1,032.36 Destroyed Property 8/28/2009 John & Gladys Van Boven 889.42 Destroyed Property 8/28/2009 John & Gladys Van Boven 621.92 Destroyed Property 8/28/2009 Karen B Rice 25.79 Senior Exemption 8/28/2009 Robert Meyers 101.81 Manifest Error 8/28/2009 Robert Meyers 107.97 Manifest Error 8/28/2009 Van Boven Gravel Company 154.32 Destroyed Property 8/28/2009 Victor & Lyudmila Vetkov 17.70 Manifest Error 8/28/2009 Victor & Lyudmila Vetkov 24.92 Manifest Error 8/28/2009 Whatcom County 222.91 Tax Status Change 8/28/2009 Whatcom County 26.05 Tax Status Change 1/4/2010 Property Tax Refunds - Exhibit A Page 19 of 24 217 Dated Refunded to: Amount Reason 9/4/2009 B&M Rhino Linings 54.38 Destroyed Property 9/4/2009 B&M Rhino Linings 54.96 Destroyed Property 9/4/2009 B&M Rhino Linings 58.10 Destroyed Property 9/4/2009 B&M Rhino Linings 52.97 Destroyed Property 9/4/2009 Dale & Audrey Snapper 58.29 Manifest Error 9/4/2009 Kenneth & Sarah Mindnich 364.59 Manifest Error 9/4/2009 Kenneth & Sarah Mindnich 443.68 Manifest Error 9/4/2009 Kenneth & Sarah Mindnich 488.56 Manifest Error 9/18/2009 Jason M & Erin L York 95.90 Manifest Error 9/18/2009 Katherine Weinkle 853.03 Paid in Error 9/18/2009 St Paul's Episcopal School 2,319.51 Tax Status Change 9/18/2009 Sue Ten Kley 260.60 Senior Exemption 9/25/2009 Arthur Remsbecher & Penelope Contompasis 366.69 Senior Exemption 9/25/2009 Bellingham Real Estate LLC& C Roger Salin 2,092.52 Board of Equalization 9/25/2009 Donald & Sharon Saunders 1,358.85 Senior Exemption 9/25/2009 Donald & Sharon Saunders 384.16 Senior Exemption 9/25/2009 Guy & Roberta Chaffee 125.57 Senior Exemption 9/25/2009 Jeffrey J Zollner 32.06 Senior Exemption 9/25/2009 Judy Hennessy 225.77 Senior Exemption 9/25/2009 K & K Industries 3,107.26 Clerical Corrected 9/25/2009 Kevin M & Bonnie J Peterson 432.88 Manifest Error 9/25/2009 Kevin M & Bonnie J Peterson 390.15 Manifest Error 9/25/2009 Kurt D & Lynette M Ziegler 6.90 Clerical Correction 9/25/2009 Kurt D & Lynette M Ziegler 7.96 Clerical Correction 9/25/2009 Kurt D & Lynette M Ziegler 7.37 Clerical Correction 9/25/2009 Oscar Ba-Aye 524.13 Senior Exemption 9/25/2009 Oscar Ba-Aye 529.86 Senior Exemption 9/25/2009 Oscar Ba-Aye 1,083.77 Senior Exemption 9/25/2009 Oscar Ba-Aye 1,001.08 Senior Exemption 9/25/2009 Robert Brauer & Patricia Killian Brauer 93.20 Senior Exemption 9/25/2009 Sherry Jubilo 1,220.32 Senior Exemption 9/25/2009 Sherry Jubilo 1,152.99 Senior Exemption 9/25/2009 Sherry Jubilo 325.08 Senior Exemption 9/25/2009 Sherry Jubilo 1,215.66 Senior Exemption 9/25/2009 Theodore & Catherine Minaker 50.74 Senior Exemption 9/25/2009 Walter N R Brasken 2,920.14 Board of Equalization 10/2/2009 Dale & Lily Collins 1,507.67 Senior Exemption 10/2/2009 Daniel N Dodge & Tasha J Stephenson 24.58 Manifest Error 10/2/2009 Daniel N Dodge & Tasha J Stephenson 26.76 Manifest Error 1/4/2010 Property Tax Refunds - Exhibit A Page 20 of 24 218 Dated Refunded to: Amount Reason 10/2/2009 Daniel N Dodge & Tasha J Stephenson 26.47 Manifest Error 10/2/2009 Joan Milburn 1,000.63 Senior Exemption 10/2/2009 Karen Prior, Trustee of the Evelyn F McKay Trust 18.67 Board of Equal 10/2/2009 Mark B & Helen M Packer 1,028.94 Manifest Error 10/2/2009 Mark B & Helen M Packer 1,107.69 Manifest Error 10/2/2009 Mark B & Helen M Packer 1,119.90 Manifest Error 10/2/2009 Nujid R Muriby 102.38 Board of Equalization 10/2/2009 Otfried & Monika Zeilinger 194.52 Senior Exemption 10/2/2009 Shannon Benedict 404.21 Senior Exemption 10/2/2009 Werner & Irene Buecking 283.75 Senior Exemption 10/6/2009 Phillip & Robin Laney 211.02 Manifest Error 10/9/2009 David A Wendling 367.27 Manifest Error 10/9/2009 David A Wendling 399.66 Manifest Error 10/9/2009 David A Wendling 395.31 Manifest Error 10/9/2009 Hinkle Family Trust, Ben & Sylvia Hinkle 16.19 Clerical Corrected Trustees 10/9/2009 James & Jean Gibson 475.37 Board of Equalization 10/9/2009 Jaswinder & Surjit Gill 217.54 Manifest Error 10/9/2009 John & Diane Muljat 1,603.35 Paid in Error 10/9/2009 Nathaniel S Miller 199.70 Manifest Error 10/9/2009 Nathaniel S Miller 248.81 Manifest Error 10/9/2009 Nathaniel S Miller 269.74 Manifest Error 10/9/2009 Randolph & Patricia Prillaman 1,701.42 Paid in Error 10/9/2009 Shawn E Doan 45.88 Manifest Error 10/9/2009 Shawn E Doan 46.38 Manifest Error 10/9/2009 Shawn E Doan 42.61 Manifest Error 10/9/2009 Shomer Tec Inc 88.79 Clerical Corrected 10/9/2009 Shomer Tec Inc 120.39 Clerical Corrected 10/9/2009 Shomer Tec Inc 150.28 Clerical Corrected 10/9/2009 Whatcom Counseling & Psychiatric Clinic 3,830.97 Tax Status Change 10/16/2009 Larry & Janet Woessner 1,188.19 Paid in Error 10/16/2009 Michael & Patricia Langley 24.44 Maniffest Error 10/16/2009 Michael & Patricia Langley 23.86 Manifest Error 10/20/2009 Law office of Myrna Weissman (Escrow Legal 998.73 Paid in Error Svs) 10/23/2009 Antoinette M Olsen 1,786.47 Paid in Error 10/23/2009 Harbey W & Lee Otis M Vinge 700.15 Senior Exemption 10/23/2009 Rosemary May 308.28 Senior Exemption 10/26/2009 Warren & Eleanor Kruzich 52.37 Manifest Error 11/10/2009 Harvey & Lee Otis Vinge 628.13 Senior Exemption 1/4/2010 Property Tax Refunds - Exhibit A Page 21 of 24 219 Dated Refunded to: Amount Reason 11/13/2009 Bank of the Pacific 2,531.39 Paid in Error 11/13/2009 Dean & De Etta Hamilton 167.63 Manifest Error 11/13/2009 Dean & De Etta Hamilton 196.77 Manifest Error 11/13/2009 Dean & De Etta Hamilton 222.67 Manifest Error 11/13/2009 Herald McIntosh 2,698.14 Senior Exemption 11/13/2009 Herald McIntosh 2,204.92 Senior Exemption 11/13/2009 Herald McIntosh 2,285.20 Senior Exemption 11/13/2009 Herald McIntosh 600.64 Senior Exemption 11/13/2009 John Milne & Leslie Savina 1,013.97 Paid in Error 11/15/2009 Luis & Albertina Zamudio 1,327.07 Senior Exemption 11/20/2009 Elisha DeMello 190.46 Senior Exemption 11/20/2009 Kathryn Beesley 522.37 Senior Exemption 11/20/2009 Roanld & Dorothy McCauley 157.98 Senior Exemption 11/25/2009 Andrew Jackson 20.18 Destroyed Property 11/25/2009 Anita Jackson 20.18 Destroyed Property 11/25/2009 Barbara Davenport & Townley Slack 841.59 Senior Exemption 11/25/2009 Bernard Eccarius 1,071.33 Senior Exemption 11/25/2009 Carolyn Goodrich 640.80 Senior Exemption 11/25/2009 Carolyn Goodrich 780.58 Senior Exemption 11/25/2009 Carolyn Goodrich 732.77 Senior Exemption 11/25/2009 Darleen Carlisle 3,261.28 Senior Exemption 11/25/2009 Dorothy A Soriano 1,962.50 Senior Exemption 11/25/2009 Fernando Olvera & Tara Schwenke 97.79 Destroyed Property 11/25/2009 Fernando Olvera & Tara Schwenke 112.09 Destroyed Property 11/25/2009 Holly Irwin 806.17 Senior Exemption 11/25/2009 James Street Estates 121.21 Senior Exemption 11/25/2009 James Street Estates 121.21 Senior Exemption 11/25/2009 Jene Pascu 1,309.56 Senior Exemption 11/25/2009 Juanita Carter 258.89 Senior Exemption 11/25/2009 Luis & Albertina Zamudio 1,012.52 Senior Exemption 11/25/2009 Luis & Albertina Zamudio 1,039.32 Senior Exemption 11/25/2009 Luis & Linda Ortiz 72.56 Senior Exemption 11/25/2009 Marcella Ann Gossage 266.51 Senior Exemption 11/25/2009 Marcella Gossage 1,575.57 Senior Exemption 11/25/2009 Marilyn Bentley 614.68 Senior Exemption 11/25/2009 Minnie Irion 1,349.91 Senior Exemption 11/25/2009 Minnie Irion 425.52 Senior Exemption 11/25/2009 Owen & Janet Walker 828.10 Senior Exemption 11/25/2009 Paul & Ruth Wilson 150.37 Senior Exemption 1/4/2010 Property Tax Refunds - Exhibit A Page 22 of 24 220 Dated Refunded to: Amount Reason 11/25/2009 Raymond Anderson 573.99 Senior Exemption 11/25/2009 Raymond Anderson 1,060.79 Senior Exemption 11/25/2009 Raymond Anderson 1,015.92 Senior Exemption 11/25/2009 Richard & Catherine Meyer 333.08 Manifest Error 11/25/2009 Rowena Donelson 1,885.63 Senior Exemption 11/25/2009 Rowena Donelson 2,015.32 Senior Exemption 11/25/2009 Ruth Barton 1,511.72 Senior Exemption 11/25/2009 Ruth Barton 986.11 Senior Exemption 11/25/2009 Ruth Barton 699.34 Senior Exemption 11/25/2009 Savior Papetti 1,063.86 Senior Exemption 11/25/2009 Savior Papetti 1,263.60 Senior Exemption 11/25/2009 Sharon Peterson 687.49 Senior Exemption 11/25/2009 Theodore Bajema 1,580.77 Senior Exemption 11/25/2009 Theodore Bajema 1,376.74 Senior Exemption 11/25/2009 Walter & Eileen Galer 1,138.13 Senior Exemption 11/25/2009 Western Aircraft Inc. 332.29 Clerical Error 12/11/2009 Anne Kauffman 343.02 Senior Exemption 12/11/2009 Carl Hamelin 1,284.20 Senior Exemption 12/11/2009 Colleen Fox 943.45 Senior Exemption 12/11/2009 David & Elizabeth Soderlund 843.60 Senior Exemption 12/11/2009 Debra Gramm 249.62 Destroyed Property 12/11/2009 Dennis & Karen Withner 2,145.29 Senior Exemption 12/11/2009 Dina Pearl -Thomas 904.05 Senior Exemption 12/11/2009 Edith Allen 716.18 Senior Exemption 12/11/2009 Elaine Henry 683.94 Senior Exemption 12/11/2009 Elsie Stewart 805.65 Senior Exemption 12/11/2009 Gary & Dallas Ramberg 1,850.16 Senior Exemption 12/11/2009 George Mueller 180.34 Destroyed Property 12/11/2009 James Street Estates 121.33 Senior Exemption 12/11/2009 John O Michaels 1,268.37 Senior Exemption 12/11/2009 Judy Walker 1,062.57 Senior Exemption 12/11/2009 Kathleen Depew 77.31 Senior Exemption 12/11/2009 Kathleen Miller 62.67 Senior Exemption 12/11/2009 Kathleen Miller 69.50 Senior Exemption 12/11/2009 Kathleen Miller 75.52 Senior Exemption 12/11/2009 Linda McFadyen 203.27 Senior Exemption 12/11/2009 Meredith Moench 655.02 Senior Exemption 12/11/2009 Pamela Erickson 2,096.90 Senior Exemption 12/11/2009 Pamela Erickson 2,168.26 Senior Exemption 1/4/2010 Property Tax Refunds - Exhibit A Page 23 of 24 221 Dated Refunded to: Amount Reason 12/11/2009 Pamela Erickson 1,549.71 Senior Exemption 12/11/2009 Pamela Erickson 848.31 Senior Exemption 12/11/2009 Patricia Batog 141.28 Senior Exemption 12/11 %2009 Patricia Batog 149.36 Senior Exemption 12/11/2009 Patricia Batog 153.67 Senior Exemption 12/11/2009 Patrick & Janis Ewing 208.81 Senior Exemption 12/11/2009 Paul & Lula Taylor 151.84 Senior Exemption 12/11/2009 Ravi Kumar 1,087.27 Senior Exemption 12/11/2009 Ravi Kumar 1,617.54 Senior Exemption 12/11/2009 Richard Gantman 1,449.23 Destroyed Property 12/11/2009 Richard Nolan 2,661.27 Senior Exemption 12/11/2009 Richard Nolan 121.51 Senior Exemption 12/11/2009 Robert & Heather Larson 1,706.20 Senior Exemption 12/11/2009 Roberta Thompson 704.54 Senior Exemption 12/11/2009 Ruth Olson 198.16 Senior Exemption 12/11/2009 Sara Snow 784.98 Senior Exemption 12/11/2009 Sara Snow 1,361.72 Senior Exemption 12/11/2009 Sara Snow 376.54 Senior Exemption 12/11/2009 Teresa White 817.99 Senior Exemption 12/11/2009 Teresa White 342.72 Senior Exemption 12/11/2009 Teresa White 298.02 Senior Exemption 12/11/2009 Victor, Alexander, Larry & Robert Stusiak 732.55 Destroyed Property 12/11/2009 Wei Wu Zhou & Qiao Ron Guo 51.59 Record of Survey Grand Total 674,799.36 1/4/2010 Property Tax Refunds - Exhibit A Page 24 of 24 222 WHATCOM COUNTY TREASURER'S OFFICE COUNTY COURTHOUSE P.O. Box 5268 Bellingham, WA 98227-5268 treasurer@co.whatconn.wa.us MEMORANDUM STEVEN N. OLIVER TREASURER MARKT. BAUTHUES CHIEF DEPUTY JAN 19 2010 PETE KREMEN COUNTY EXECUTIVE TO: Pete Kremen, Whatcom County Executive FROM: Steven N. Oliver, Whatcom County Treasurer YL�� DATE: January 15, 2010 RE: Resolution property tax refunds We are presenting this resolution, consistent with RCW 84.69.020 for the annual list of property tax refunds. No action is required; however, a formal motion to approve the list would be appropriate. Please consider this resolution at your January 26, 2010 council meeting. 223 Phone: (360) 676-6774 County: (360) 398-1310 TTY: (360) 738-4555 FAX: (360) 738-2477 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-064 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: PenniLemperes 13 �D (� [ ^ rE 0 n „ E D W [lv tl� V 1/26/10 Finance/Counci Division Head: FrankAbart JAN 1 2010 Dept. Head:i/J Frank Abart 3J/o Prosecutor: 11 b( 13 (1? Dan Gibson WHATCOM COUNTY Purchasing/Budget: Brad Bennett COUNCIL Executive: Pete Kremen TITLE OF bocumENT. 2010-2011 Coordinated Prevention Grant to Whatcom County Public Works, Solid Waste Division, from the Department of Ecology. ATTACHMENTS Cover Letter to County Executive Coordinated Prevention Grant Contract SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMA R Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The attached grant agreement will provide up to $234,577 in matching funds for the first year for the coordinated prevention grant activities, to include the operation of the Disposal of Toxics Facility. Additional grant funding in the same amount as this year will be available for 2011. 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. Printed on 100% post -consumer content recycled paper. v 1.0 224 WHATCOM COUNTY CONTRACT INFORALMONSHEET Whatcom County Contract No. .2o/oo/ o// Originating Department: Public Works/Solid Waste Division Contract Administrator: Penni Lem eyes Contractor's /A enc Name: Washington State Department ofEcology Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No Yes _ No Ifyes, previous number(s): Is this a grant agreement? Yes X No Ifyes, grantor agency contract number(s) G1000379 CFDA number Is this contract grant funded? Yes No Ifyes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes _ No Ifyes, 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 $ 234,577 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10,000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ Scope of Services Whatcom County will receive matching funds, up to $234,577 over a period of two years, from the Washington State Department of Ecology for coordinated prevention grant activities Nature of Contract Amt: (Check one) Fixed Amount Not to Exceed X O en Ended Term of Contract: Two Years Expiration Date: December 31, 2011 Renewal Option Yes No X Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routing Steps & Si2n0 ff. [sign or initial) [indicate date transmitted] 1. Prepared by: DB Date 1112110 [electronic] 2. Attorney reviewed: &,n 12�� Date 61 ' I t0 [electronic] 3. AS Finance reviewed. 4. i Date / ,7 , [electronic/ 4. IT reviewed if IT relat d Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff? Date 7. Contractor signed: Date 8. Submitted to Exec Office Date I_ lq-/p [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 Printed on 100% post -consumer content recycled paper. v 1.0 225 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR MEMORANDUM ADMINISTRATION CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225AO42 Telephone: (360) 676-6692 FAX: (360) 738A561 www. whatcomcount y. us FAbart@co.whatcom.wa.us TO: The Honorable Pete Kremen, Whatcom County Executive Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Director )//1A# RECEIVED FROM: Jon Hutchings, Assistant Director-4f Public Works Department JAN 14 2010 RE: Coordinated Prevention Grant Award PETEKREMEN COUNTY EXECUTIVE DATE: January 12, 2010 Enclosed for your approval are two copies of the Coordinated Prevention Grant awarded to the Solid Waste Division from the Department of Ecology for the period of January 1, 2010 through December 31, 2011. ■ Background and Purpose Since 1996, Whatcom County Solid Waste Division has made application for and accepted grant funding for Coordinated Prevention programs. The funding from this grant has allowed us to meet several of the goals of our Comprehensive Solid & Moderate Risk Waste Management Plans and to reduce, reuse and recycle within our community. ■ Funding Amount and Source The funding provided for the first year of the two-year grant period from the WA State Department of Ecology amounts to $234,577, an increase of $15,469 from the previous year. The Whatcom County Solid Waste Division will be providing matching funds of $78,192, for a total available amount of $312,769 (grant plus match), plus any additional funds needed to operate the program. Additional grant funding in the same amount as this year will be available for 2011. ■ Differences from Previous Grant Previously, the grant covered a two year period and was funded by the Local Toxics Control Account. It is now funded by the State Building Construction Account, and is funded in one year increments, with work in the 2"d year eligible for reimbursement, with an amendment to the agreement to increase the budget for 2011. The previous_ grant also provided funding for the EnviroStars Program, a certification program for local businesses who were small quantity generators of hazardous wastes. This past year, the Health Department has taken over the program. Please contact Penni Lemperes at extension 50291, if you have any questions or concerns regarding the terms of this agreement. Printed on 100% post -consumer content recycled paper. v 1.0 226 WHATCOM COUNTY C►U�111(RiiInIAL CONTRACT NO. Grant No. G1000379 C Z O / Q 0 / 0 / / FINAL Whatcom County Public Works COORDINATED PREVENTION GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND WHATCOM COUNTY PUBLIC WORKS Coordinated Prevention Grant Agreement — Grant No.: G1000379. This is a binding agreement entered into by and between the state of Washington Department of Ecology, hereinafter referred to as ECOLOGY or DEPARTMENT, and Whatcom County Public Works, hereinafter referred to as the RECIPIENT, to carry out the activities described herein. JURISDICTION: MAILING ADDRESS: CITY, STATE, ZIP: RECIPIENT GRANT COORDINATOR: TELEPHONE: FAX: E-MAIL: Whatcom County Public Works 322 N Commercial, Suite 220 Bellingham, WA 98225 Penni Lemperes, Solid Waste Specialist 360 676-7695 360 738-4561 plempere@co.whatcom.wa.us RECIPIENT BILLING/INVOICE COORDINATOR: Kolleen Kilpatrick TELEPHONE: 360 676-6692 FAX: 360 738-4561 E-MAIL: kkilpatr@co.whatcom.wa.us ECOLOGY GRANT OFFICER: TELEPHONE: FAX: E-MAIL: FUNDING SOURCE MAXIMUM ELIGIBLE COST STATE GRANT SHARE LOCALSHARE STATE MAXIMUM GRANT PERCENT FEDERAL TAX IDENTIFICATION NO. Diana Wadley 425-649-7056 425-649-7259 Diana.wadley@ecy.wa.gov State Building Construction Account $312,769 $234,577, $79,192 75 % 91-6001383 EFFECTIVE DATE OF THE AGREEMENT January 1, 2010 EXPIRATION DATE OF THE AGREEMENT December 31, 2011 U 227 Grant No. G1000379 .. FINAL Whatcom County Public Works PART 1: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this agreement. Costs are limited to those approved by ECOLOGY as outlined in the current scope of work and budget. Deliverables must be completed by the expiration date of this agreement, including delivery of purchases, unless otherwise stated in this agreement or approved by ECOLOGY in writing. Note: The term "task" as used in this agreement is interchangeable with the term "project" as used on the online Solid Waste Information Clearinghouse. This agreement is a "Multi -Phased" agreement. Multi -phased means it will be written with a task's full scope of work and a partial budget. Phase One of this agreement includes work performed with the budget as outlined in Phase One of section Part 2: Fund Source and Budget. Phase Two includes the remainder of work to be performed and funds are contingent upon the budget appropriation by the State Legislature for the 2011-2013 biennium. After the 2011-2013 biennial allocation is secured, ECOLOGY will initiate a formal amendment to increase funding to support Phase Two. Phase Two work is not authorized for reimbursement until a formal amendment to increase the budget is executed. RECIPIENTS are not obligated to complete Phase Two work until a formal amendment to increase the budget is approved. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that can be reimbursed at a rate of 75% under this grant. *The "Estimated (total) Task Cost" is for Ecology information only. It reflects the true cost of completing the full task, including expenses beyond the Maximum Eligible Cost. CATEGORY: MODERATE RISK WASTE MAXIMUM ELIGIBLE CATEGORY COST: $312,769 1. TASK TITLE: Moderate Risk Waste Collection & Disposal Maximum Eligible Task Cost: $312,769 Summary Description: The RECIPIENT shall provide for the proper disposal of hazardous waste from households and approved businesses through their Disposal of Toxics fixed facility. The RECIPIENT shall also hold two community events each year to service customers in rural areas. One event per year is always Held in Pt. Roberts, an isolated portion of the county with the Canadian border placing a barrier between it and the rest of the county. In addition, the MRW 228 Grant No. G1000379 FINAL Whatcom County Public Works facility §taff will provide a pickup service for oil and antifreeze from four satellite stations throughout the county. After opening in 1998, the RECIPIENT'S Disposal of Toxics Facility has served an average of 6,500 household customers per year and 700 small quantity generator businesses per year, taking in an average of 600,000 pounds of waste per.year. As a result, increasing numbers of HHW and CESQG customers continue to use the facility, keeping tons of toxic waste out of the landfills. Besides educating the public on the dangers, costs and options regarding household hazardous wastes through solid waste funded programs, the Disposal of Toxics facility has captured an increasingly substantial portion of the County's HHW, thereby meeting the goal of the MRW plan to reduce, properly dispose of and divert such hazardous substances from the waste stream. The current staff of three contracted employees continues to process over 1,000 phone calls per year. The RECIPIENT plans to use non -grant funded programs such as their hotline, website, school and public education outreach and various written materials to increase awareness of toxic wastes in the home, reduce the use of and inspire proper disposal of hazardous wastes. Note: The Coordinated Prevention Grant Program does not pay for the disposal costs for Small Quantity Generators. If shipment/disposal bills for SQG waste cannot be separated out, then fees charged to SQG's should cover disposal costs, and should be treated as income to the grant. Goal Statement: The RECIPIENT shall provide reliable, efficient and cost effective moderate risk waste services to residents and small quantity generator businesses (CESQG); prevent land, air and water pollution, and conserve the natural, economic and energy resources of the area. Outcome Statement: Over the two-year grant period, the RECIPIENT expects the following outcomes: o MRW Diversion (#tons): 600 tons (includes an average of 75,000 pounds of oil and 8,000 pounds of antifreeze yearly from the satellite stations.) o Business Contacts: 800 o Residential Contacts:100,000 o Business Participants: 1,600 o Residential Participants:14,000 Work Plan and Activities Timeline: A quarter is defined by calendar year and begins with the first three months of the grant period. Quarter Activity Phase One Q1 Collection of oil & antifreeze from four county satellite stations. Collect and properly recycle or dispose of waste brought into Disposal of Toxics Facility. Increase customer awareness through non -grant funded hotline, website, on-line Solid Solutions newsletter, school education program, brochures and newspaper ads. 229 Grant No. G1000379 FINAL Whatcom County Public Works Q2 Continue activities from previous quarter, hold a community collection event. Q3 Continue activities from previous quarter, hold a community collection event. Q4 . Collection of oil & antifreeze from four county satellite stations. Collect and properly recycle or dispose of waste brought into Disposal of Toxics Facility. Increase customer awareness through non -grant funded hotline, website, on-line Solid Solutions newsletter, school education program, brochures and newspaper ads. Phase Two Q5 Collection of oil & antifreeze from four county satellite stations. Collect and properly recycle or dispose of waste brought into Disposal of Toxics Facility. Increase customer awareness through non -grant funded hotline, website, on-line Solid Solutions newsletter, school education program, brochures and newspaper ads. Q6 Continue activities from previous quarter, hold a community collection event. Q7 Continue activities from previous quarter, hold a community collection event. Q8 Collection of oil & antifreeze from four county satellite stations. Collect and properly recycle or dispose of waste brought into Disposal of Toxics Facility. Increase customer awareness through non -grant funded hotline, website, on-line Solid Solutions newsletter, school education program, brochures and newspaper ads. Method of Evaluation: The RECIPIENT will track the tons of materials collected from the facility, events, and satellite stations. The RECIPIENT will also track the number of residential and business participants. Measurements of waste accepted, disposed of and recycled have been kept since 1998, and is encouraged to be continued. * Estimated (total) Task Cost: $750,000 230 Grant No. G1000379 Whatcom County Public Works PART 2: FUND SOURCE AND BUDGET FINAL Approved costs must be consistent with the most recently approved Spending Plan. Costs cannot exceed the agreement Budget (Part 2: Section B) without a formal amendment. To change how funds are allocated between the grant tasks, the RECIPIENT must submit a written request to ECOLOGY for a Letter Amendment. To change a scope of work or to increase/decrease a grant amount, the RECIPIENT must complete and submit a Formal Amendment Request form (ECY 070- 113). 231 Grant No. G 1000379 Whatcorn County Public Works FINAL A. FUND SOURCE PHASE ONE (057/J07 9NIOC) Maximum Eligible Cost: $312,769 State Building Construction Account (SBCA) $234,577 Cash Match 25% $78,192 Interlocal Costs 0% $0 PHASE TWO Maximum Eligible Cost: $312,764 State Building Construction Account (SBCA) $234,573 WN NEI or" I Cash Match 25% $78,191 Interlocal Costs 0% $0 B. BUDGET In Flu s. "ell rt w., %- ' 10 ev, 1. Task Title: Moderate Risk Waste $312,769 $312,764 Collection & Disposal ........ .... 6 232 Grant No. G1000379 FINAL Whatcom County Public Works PART 3: BUDGET CONDITIONS A. The RECIPIENT is required to provide a match of 25% of the maximum eligible cost with cash or interlocal costs. Interlocal costs are the only type of in -kind contributions that may be used as match. B. Any work performed or costs incurred prior to the effective date or after the expiration date of this agreement will be at the sole expense of the RECIPIENT. C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are eligible (excluding time spent to write a grant application). D. To increase or decrease the budget as outlined in this grant agreement, or change the scope of work for any project outlined in this grant agreement, ECOLOGY requires a formal amendment. The RECIPIENT must complete and submit a formal amendment using the Formal Amendment Request form (ECY 070-113). E. Payments to the RECIPIENT from ECOLOGY shall be made payable to Whatcom County Public Works (address on page one of this agreement). F. If parties other than the RECIPIENT are contributing to the local share of task costs, memoranda of understanding or other written agreements confirming the contribution shall be negotiated. These agreements shall specify the exact work to be accomplished and be signed by all parties contributing to the local match of this task. Copies of these agreements shall be made part of the RECIPIENT'S grant file and submitted to ECOLOGY. G. Spending Plans: Approved costs must be consistent with the most recently approved Spending Plan. The RECIPIENT must submit a revised Spending Plan to ECOLOGY in order to change the amount of funds spent by quarter. ECOLOGY'S grant officer will approve, by date stamp and signature, the revised Spending Plan. If quarterly spending exceeds the amount outlined on the approved spending plan, ECOLOGY reserves the right to hold payment of the overage depending on the availability of funds. Revised and approved Spending Plans are incorporated into this agreement by reference. 7 233 Grant No. G1000379 FINAL Whatcom County Public Works PART 4: SPECIAL TERMS AND CONDITIONS A. BILLING AND REPORTING 1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a payment request to ECOLOGY at least quarterly (by calendar year), but no more often than once per month. 2. The RECIPIENT shall submit a'progress report with each payment request but no less often than quarterly. These reports shall include activities that support incurred costs shown on the C1 or C2 of the payment request, and must be submitted on-line through the Solid Waste Information Clearinghouse. 3. The RECIPIENT must provide to ECOLOGY an up-to-date Spending Plan throughout the grant period. An updated Spending Plan must be submitted when changes occur that impact quarterly spending and / or quarterly reimbursement amounts. 4. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms: A19-1A (ECY 060-02), Form B1 (ECY 060-3) or Form 132 (ECY 060-7), Form C1 (ECY 060-8) or Form C2 (ECY 060-9). These forms are acceptable in electronic format. The RECIPIENT must also include all backup documentation to support items listed on Form C1/C2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by task on Form C I /C2 and summarize costs by task on Form B 1 /132. Forms B 1 and C 1 are used only when interlocal costs are used towards the 25% match. 5. For all Planning and Implementation tasks and special tasks in a solid waste enforcement grant (special tasks do not include regular solid waste enforcement work such as enforcing solid waste codes) the RECIPIENT must submit a Final Performance Analysis (FPA) report on-line through the Solid Waste Information Clearinghouse. The final report must be submitted before ECOLOGY can process a final payment request. The final payment request and the FPA are due no later than February 14, 2012 for this grant or 45 days after the grant budget is spent, whichever comes first. 6. For Solid Waste Enforcement tasks, recipients must submit their final quarterly solid waste enforcement progress report on-line through the Solid Waste Information Clearinghouse no later than February 14, 2012. Ecology will generate a summary Final Solid Waste Enforcement report from all the quarterly reports that will serve as the final report needed to close out the agreement. 7. Progress Report (for both planning and implementation and solid waste enforcement tasks) and Final Performance Analysis (FPA) can be found on the Grant Details page of the Solid Waste Information Clearinghouse once the RECIPIENT has logged on as a Registered User. For instructions on how to become a Registered User, please visit the Coordinated Prevention Grant website at http://-vvww.ecy.wa.gov/programs/swfa/grants/cpg.htnll. 234 Grant No. G1000379 Whatcom County Public Works B. DOCUMENTATION FINAL The RECIPIENT shall submit supporting documents for all costs incurred. Documentation shall be provided in the order in which it is itemized on Form C1/C2. Supporting documentation is any document deemed relevant by ECOLOGY to establish the appropriateness of an expense listed on Form Cl/C2. Please see Chapter 6 of the Program Guidelines for Coordinated Prevention Grants 2010-2011 Grant Cycle, and the Administrative Requirements for Recipients of Ecology Grants and Loans — Yellow Book, Ecology Publication #91-18 (Revised September 2005) for guidance. 2. The RECIPIENT shall maintain grant related material and supporting documents in a common file. This includes cancelled checks, invoices, purchase receipts, payroll records, time and attendance records, contract award documents, and invoice vouchers sent to ECOLOGY. The Recipient shall keep all supporting documents for audit purposes for at least three years after agreement expiration. The RECIPIENT shall use the ECOLOGY provided Form E, or an equivalent time accounting document approved by ECOLOGY, to record staff hours being charged to the grant. 4. ECOLOGY may request additional documentation if needed to determine if a cost will be allowed. 5. Supporting documents shall be clear and legible, and organized by task in the order, it was itemized on Form C1/C2 by the RECIPIENT. C. OTHER SPECIAL TERMS 1. SOLID AND HAZARDOUS WASTE MANAGEMENT PLANS Tasks must support implementation of the RECIPIENT's local solid and hazardous waste management plans. For tasks related to updating a local solid and hazardous waste management plan, the RECIPIENT agrees to incorporate the intent of the Washington State Hazardous Waste Management Plan and Solid Waste Management Plan (Beyond Waste Plan) into the local preliminary draft plan prior to submittal to Ecology for review. The Beyond Waste plan is a 30- year plan with a clear vision to eliminate wastes and toxics whenever we can and use the remaining wastes as resources. The recipient agrees to include in their plan update, recommendations that address at least one of the following elements from the Beyond Waste Plan: moderate risk waste, organics management or green building. 2. SOLID WASTE ENFORCEMENT Solid Waste Enforcement money can only be spent on tasks that focus on enforcement of rules and regulations, and shall be used exclusively for expenses necessary to enforce applicable regulations pursuant to Chapters 70.95.220 RCW, WAC 173-350, 351 and 304. 235 Grant No. G1000379 Whatcom County Public Works FINAL For tasks related to inspection and permitting of solid waste facilities, those facilities must be in compliance at the time a payment request is submitted. Compliance is defined at a minimum as the RECIPIENT shall have issued a compliance schedule or have taken enforcement action to obtain compliance. The RECIPIENT must also submit copies of permits to Ecology within seven days of their issuance. Once a permit is issued, Ecology has 30 days to review each permit. Complete permit applications must be submitted to Ecology, allowing 45 days for Ecology to review and recommend for or against the issuance of a permit. The RECIPIENT must submit copies of reports for inspections conducted in the billing period with each payment request. 3. ON-LINE CONTRACTS AND GRANTS MANAGEMENT Washington State's Office of Financial .Management is developing an on-line contracts and grants management system. When the system becomes available, all new or active contracts and grant agreements must be managed in this system. The RECIPIENT agrees to register in the state vendor registration program and to use the on-line system. 4. TRAINING The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to managing agreements and preparing, processing, and receiving payments. 5. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority - owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 10 236 Grant No. G1000379 Whatcom County Public Works FINAL f) The RECIPIENT should report payments made to qualified firms to ECOLOGY at the time of submitting each invoice. Please include the.following information on ECOLOGY provided form (Form D). g) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub -and/or sub -subcontractors. h) The total dollar amount paid to qualified firms under this invoice. 6. PROCUREMENT AND CONTRACTS a) The RECIPIENT shall provide written certification that it will follow its standard procurement procedures and/or applicable state law in awarding contracts; AECIPIENTS with no formal procurement procedures must certify that they have complied with the "Standards for Competitive Solicitation," found in Part V of the Administrative Requirements for Recipients of Ecology Grants and Loans — Yellow Book, Ecology Publication #91-18 (Revised September 2005). b) Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY'S grant officer. c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy of the draft proposed contract to the ECOLOGY'S grant officer for review and approval. Following the contract execution, the RECIPIENT shall submit a copy of the final contract to your ECOLOGY assigned grant officer. d) Unless a specific purchase of equipment or real property is already written into the grant agreement, the RECIPIENT must submit a written request to the DEPARTMENT to purchase any equipment or real property (Property) with a single unit purchase price of $5,000 or more. The request shall include the justification for the purchase of the property, the total cost, the intended use, and the anticipated useful life of the property. The request must be approved in writing by the DEPARTMENT prior to the purchase. 7. USE OF EXISTING CONTRACTS The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used contracts entered into prior to the execution of the grant agreement for performance of grant - funded activities. The RECIPIENT shall submit a copy of the contract to its assigned ECOLOGY grant officer. The grant eligibility of products or services secured by the RECIPIENT under existing contracts used to perform the scope of work in this agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement. 8.. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION The RECIPIENT must develop an inventory control system, including physical inventory to document the ongoing use, a serial or vehicle identification number (VIN) and location of the equipment. The inventory shall be submitted to the DEPARTMENT annually while the equipment is in use. The RECIPIENT shall investigate, document, and report to the 237 Grant No. G 1000379 Whatcom County Public Works FINAL ECOLOGY any loss, theft or damage upon discovery of such conditions. The RECIPIENT will follow manufacturer recommended maintenance procedures to keep the property in good operating condition. The RECIPIENT shall submit a written request to the ECOLOGY for any intent to change the use of the equipment as outlined in this grant agreement, including uses past the expiration date of this agreement. Disposition of the equipment shall be determined by the ECOLOGY and documented in writing. A copy of the determination will be provided to the RECIPIENT upon expiration of the grant agreement. • The ECOLOGY may authorize the RECIPIENT to: o If the equipment is necessary for the continued operation of the project or other projects administered through ECOLOGY, the grant officer may instruct the recipient to retain the equipment with no further compensation to Ecology. o If the project has no further significant use for the equipment, the grant officer may instruct the recipient to retain or sell the equipment and pay Ecology an amount equal to ECOLOGY's share of the current fair market value, sale proceeds or other price agreed upon by the grant officer. o The grant officer may instruct the recipient to transfer title to Ecology or to a third party named by Ecology who is eligible under existing statutes. 9. TASK INCOME Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as required by ECOLOGY'S Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 2005). 10. ALL WRITINGS CONTAINED HEREIN This agreement, including the "General Terms and Conditions," the latest approved Spending Plan, Program Guidelines — Coordinated Prevention Grants 2010-2011, and ECOLOGY'S Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 2005), contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement. 11. ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the archeological or cultural resources. RECIPIENT shall immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this agreement. In the event that historical or cultural artifacts are discovered at the project site, the RECIPIENT shall also notify the state historic preservation officer at the Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit 12 238 Grant No. G1000379 Whatcom County Public Works FINAL pursuant to Chapter 27.53 RCW prior to conducting on -site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). 12.PRECEDENCE In the event of inconsistency in this agreement, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) Scope of Work and most current approved Spending Plan; (c) Special Terms and Conditions; (d) Coordinated Prevention Grant Program Guidelines (e) any terms incorporated herein by reference including the Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 2005); and (0 the General Terms and Conditions (SS-010 Rev. 04/04). Part 5: GENERAL TERMS AND CONDITIONS: Pertaining to Grant and Loan Agreements of the Department of Ecology, SS-010 Rev. 04/04 A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 13 239 Grant No. G1000379 Whaicos+ County Public Works FINAL 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally -funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of alf construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall -be open. for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT. within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule asset forth in the Special Conditions. The RECIPIENT shall also 14 240 Grant No. G1000379 Whatcom County Public Works FINAL report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 15 241 Grant No. G1000379 FINAL Whatcom County Public Works 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufcient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, 16 242 Grant No. G1000379 FINAL Whatcom County Public Works recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www.ecy.wa.gov/sustainability.. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this. agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to 17 243 Grant No. G1000379 Whatcom County Public Works FINAL perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, -member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 18 244 Grant No. G1000379 Whatcom County Public Works FINAL 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that parry's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by.the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. IN WITNESS WHEREOF, the parties sign this Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Laurie G. Davies Program Manager Waste 2 Resources WHATCOM COUNTY PUBLIC WORKS Date *nkbart Date Director of Public Works Approved as to form only, Assistant Attorney General 19 245 IN WITNESS HEREOF, Whatcom County has executed this agreement this day of , 2010. WHATCOM COUNTY PEFE KREMEN County Executive APPROVED AS TO FORM: Daniel L. Gibson, Senior Civil Deputy Prosecuting Attorney STATE OF WASHINGTON) )ss. COUNTY OF WHATCOM ) On this day of , 2010, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at Bellingham. My commission expires: 246 Q Gl O N Z V p a o '+ 1 N1 O 7 � N1 7 N1 O 3 N1 O 7 7 O c n. a (D Q. 1\a W rD rDD QC c O G D H 7 n � C! � N � rF 0 � GI C 3 y c 00 �' o m C v v m y d 3 'O co O x 70 'n m Yn A W N `i fD tti O A Q Vl K n I 3 01 < :''z 'C m d emo pr �n c A r+ OA fp �. QZj s O wo rD w O `( O O W G1 (D G1 v L o� 7 A ac>t ip w O W l0 wD V C h O 00 N rn cr Z V �-.. 00 w w 1n O 1-A 0 v fD p� fD 40- C 00 v w m o o N Z k N M his 40- li N v m 0 T 0 0 00 pq T tD O W G -3 A M O T tA r+ < Q 00 Z H Z { to V (D o oo O .. ;. Vim C uj O O lW0 N �� T <r 00 N v 00 N O I--� s z c r+ l KIWI X ,y -n W W i= n0 Q N a ,eey++ Gi 0 r� WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-065 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Orl inator: im 12107109 © �Q E V E ED JAN 1.9 2010 �J�/u /► ^ HATCOM COUNTY COUNCIL M6110 Finance/Council - Division Head: QA ' ° Dept. Head: Prosecutor: Purchasin l d e JD Executive: % l-M-18 TITLE ( DOCUMENT: Contract between Whatcom County and Catholic Community Services for Juvenile Court Behavioral Health Specialist Services ATTACHMENTS: Contract Info Sheet Memo to Executive 2 Originals of Contract Agreement SERA 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.) The purpose of this contract is to fund a Juvenile Court Behavioral Health Specialist position to improve access to mental health, chemical dependency, and other community services for youth under the supervision of Whatcom County Juvenile Court Administration. Services provided under this contract are intended to ensure stabilization of youth and to promote the safe transition of youth from Juvenile Court supervision to community services. COMMITTEE ACTION: Related County Contract #: Related File Numbers. COUNCIL ACTION: 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 HEALTH DEPT. 509 Girard St. Bellingham, WA 98225 MEMORANDUM Regina A. Delahunt D i rector RECEIVED JAN 14 2010 PETS KREMEN TO: Pete Kremen, County Executive COUNTYExEcurnE FROM: Regina4A. Delahunt, Director RE: Catholic Community Services, Juvenile Court Behavioral Health Specialist Services DATE: January 11, 2010 Enclosed are two (2) originals of a contract between Whatcom County and Catholic Community Services for your review and signature. ■ Background and Purpose The purpose of this contract is to fund a Juvenile Court Behavioral Health Specialist position to improve access to mental health, chemical dependency, and other community services for youth under the supervision of Whatcom County Juvenile Court Administration. Services provided under this contract are intended to ensure stabilization of youth and to promote the safe transition of youth from Juvenile Court supervision to community services. ■ Funding Amount and Source The source of funding for this contract, in an amount not to exceed $95,000.00, is mental health/chemical dependency sales tax revenue. Funding is included in the current budget. Council approval is required, and an Agenda Bill is attached. ■ Differences from Previous Contract This is a new contract. Please contact Jackie Mitchell at extension 32017 if you have any questions or concerns regarding the terms of this agreement. Encl. 249 1'9`41M-0 65 Contract County WHATCOM COUNTY CONTRACT Contract No. room Canto - eject Code INFORMATION SHEET .201001005 Approved by Originating Department: HEALTH Contract Administrator: Jackie Mitchell Contractor's /Agent Name: Catholic Community Services Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No Ifyes, previous number(s): Is this a grant agreement? Yes _ No X Ifyes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X Ifyes, associated "atcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes X No Ifyes, RFP and Bid number(s) #09-67 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 $_95, 000.00 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services The purpose of this contract is to fund a Juvenile Court Behavioral Health Specialist position to improve access to mental health, chemical dependency, and other community services for youth under the supervision of Whatcom County Juvenile Court Administration. Services provided under this contract are intended to ensure stabilization of youth and to promote the safe transition of youth from Juvenile Court supervision to community services. Term o Contract: 02101110—12131110 Expiration Date: 12131110 Contract Routing Steos & Signoff !sign or initiall (indicate date transmitted 1. Prepared by: JM Date 12107109 [electronic] 2. Attorney reviewed: rjw Date 1217109 [electronic] 3. AS Finance reviewed: MCaldwell Date 12/9109 [electronic] 4. IT reviewed if IT related Date _ [electronic] 12 5. Corrections made: JM Date 99109 [electronic] hard copy printed 6. Attorney signoff.•ya ql,�/ Date 1 P Q -) A 7. Contractor signed: ,i Date 8. Submitted to Exec Office Date / / y-/ p [summary 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 via electronic, hardcopies] this form may need to expand to more than one page 250 COUNTY ORIGINAL Whatcom County Contract No. 0 / 0 a / 0to CONTRACT FOR SERVICES AGREEMENT CATHOLIC COMMUNITY SERVICES, JUVENILE COURT BEHAVIORAL HEALTH SPECIALIST SERVICES Catholic Community Services, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8, Exhibit A (Scope of Work), pp, 9 to 12, Exhibit B (Compensation), pp.13 to 14, Exhibit C (Certificate of Insurance), p. 15, Attachment 1(Whatcom County Flex Fund Guidelines), p. 16, Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1st day of February, 2010, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December, 2010. The general purpose or objective of this Agreement is to provide Juvenile Court Behavioral Health Specialist services, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $95,000.00. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this 11 day of mg-Y 2010. CONTRACTOR: Catholic Community Services STATE OF WASHINGTON ) ss. COUNTY OF On this // day of 11&ivl-2010, before me personally appeared A Idle— to me known to be the ' C102 c" e) of j�' 5eU, u L e.e (Company) a��d who executed the above instrument and who ack owledged to me the act of signing and sealing thereof. /12 TE q• NOTAR l IB and forte State of Washington, residing at PQ` •s�oN �••'• if-q My commission expires Qrair o pTARy N:2 . G� ' pUBI.� tP., _cam ..• ••.. OP Contract for Services Agreement HL 020110 CCS Juvenile Court BHS Page 1 251 WHATCOM COUNTY: Recommended for Approval: G4 ��"t (11 f to QkF6, Delahunt, Director Date Approved as to form: nK l 16 Prosecuting Attrne oy Dat Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) Program Appr al: 0f Anne Deacon, Human Services Manager Date On this day of , 2010, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Catholic Community Services Address: 2806 Douglas Avenue Bellingham, WA 98225 Mailing Address: Same as above. Contact Name: Will Rice Contact Phone: 360-676-2187 Contact FAX: 360-676-2162 Contact Email: willrOccsww.org Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 2 v1.0 252 GENERAL CONDITIONS Series 30-39: Provisions Related to Administration of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by the Contractor prior to or after the term of this contract shall be performed at the expense of the Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon the Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced, or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 3 253 Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer"), the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed .a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39. Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to, vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 4 v,.o 254 The Contractor will defend, indemnify, and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm, or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. The Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. The Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State, or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. The Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents, and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify, and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees, for damages because of personal or bodily injury, including death at any time resulting there from, sustained by any person or persons or on account of any damage to property, including loss of its use, which is due to the negligence of the Contractor, including the Contractor's employees or subcontractors, in the Contractor's performance of its duties under this Contract. Each of the parties to this Contract agrees that it will be responsible for damages that arise due to its own negligent acts or omissions. Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 5 255 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions, and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to, advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, the Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county, or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Jackie Mitchell, Program Specialist Whatcom County Health Department 509 Girard St. Bellingham, WA 98225 (360) 676-6724, ext. 32017 imitchel(o)co.whatcom.wa.us .37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 6 256 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. The Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 7 v 1.0 257 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 8 v 1.0 258 EXHIBIT " A" SCOPE OF WORK 1. Background The purpose of this contract is to fund a Juvenile Court Behavioral Health Specialist position to improve access to mental health, chemical dependency, and other community services for youth under the supervision of Whatcom County Juvenile Court Administration. Services provided under this contract are intended to ensure stabilization of youth and to promote the safe transition of youth from Juvenile Court supervision to community services. By entering into this Agreement, it is not intended to create a benefit or cause of action for any third person not a signatory to this Agreement, except a person receiving services (i.e. client). By providing services to a client, the Contractor does not enter into a "take charge" relationship for anything other than making services available to the client. It is not meant to provide protection to any third person or the public in general. 2. Statement of Work The Contractor will employ 1.0 FTE (40 hours per week) as a Juvenile Court Behavioral Health Specialist (JCBHS), who will provide mental health services that include, but are not limited to, crisis stabilization, assessment, transition planning and implementation, connection and engagement with community services, and ongoing case management and/or treatment to qualified program participants. The Contractor will ensure back-up services for the JCBHS, as arranged with Juvenile Court Administration. As appropriate, the JCBHS will assist Juvenile Detention staff in completing expedited applications for public benefits. The JCBHS will be a Masters Level Mental Health Professional, per WAC and RCW requirements, and preferably will be licensed to practice independently. This position must be capable of functioning independently and of making independent clinical decisions which are in the best interest of the juvenile offender. l"he JCBHS will also have training and experience in work with adolescents, chemical dependency assessment and treatment, clinical engagement, motivational techniques, criminogenic thinking and behavior, and mental health treatment planning and services. A. Juvenile Court Behavioral Health Specialist 1. Screening and Referral The JCBHS will: ■ Screen and determine disposition of referrals of juveniles under the supervision of the Court who are demonstrating symptoms of or who are experiencing mental illness or emotional disorders. Referrals may come from all divisions of Juvenile Court Administration including Juvenile Detention, Juvenile Probation, and the Juvenile Justice Center and from families of offenders. ■ Screen for substance abuse and coordinate the referral of eligible juveniles to available youth treatment providers. Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 9 259 ■ Obtain additional relevant history to aid case planning, including current location of offenders, for individuals identified to be in need of mental health and substance abuse services. 2. Assessment Conduct mental health assessments on individuals identified as needing mental health services, to include a needs assessment, which will inform the development of an Individualized Service Plan. The assessment shall be written in language and terminology that can be readily understood by clients. The Mental Health Needs Assessment shall, at a minimum, contain the following elements: a. Client's identification of problem, in his/her words b. Identifying risk issues, to self or others c. Client's functioning level — abbreviated mental health status assessment d. Consideration of client's age, culture, gender, and disability e. Determination of mental health, medical, and/or chemical dependency issues f. Identification of current or past mental health/chemical dependency services received by the client g. Medication history and current needs 3. Individualized Service Plan (ISP) In accordance with WAC 388-865-0425, the Contractor must provide each program participant with an Individualized Service Plan that meets his or her unique needs. Individualized and tailored care is a planning process that may be used to develop a client -driven, strength -based, individual service plan. The ISP shall be developed with due regard to the Juvenile Court expectations of the client. The Individualized Service Plan must: a. Be developed collaboratively with the client and other people identified by the client prior to starting community support services. The client's family should be involved in the service planning when appropriate. The service plan should be in language and terminology that is understandable to clients and their families and includes goals that are measurable, b. Address age, cultural, or disability issues of the client. c. Include measurable goals for progress toward rehabilitation, recovery, and reintegration into the mainstream of social, employment, and educational choices, involving other systems when appropriate. d. Include consideration of client needs in the following life domains: i. Housing; ii. Food; iii. Income; iv. Health and dental care; v. Transportation; vi. Work, school, or other daily activities; vii. Social life; and viii. Recovery support/treatment services. Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 10 260 4. Behavioral Health Services ■ Provide mental health treatment services with a goal of stabilization of problematic symptoms ■ Coordinate care with community treatment providers to promote continued engagement in identified services ■ Provide transition services to detained youth to include connection to and continued engagement with identified community services ■ Provide post -detention services in the community that may include transportation to community services, clothing, food, bus passes, and other basic needs necessary to ensure a smooth transition and ongoing engagement in services ■ Coordinate care plan with Juvenile Court personnel assigned to work with the client 5. Trainings, Orientation, and Meetings ■ Attend training and orientation by juvenile services staff regarding Whatcom County Juvenile Court Administration's culture, safety and security issues, process and procedures, to include booking, classification, health services, juvenile services schedules, risk management, and schedules for visitation, eating, etc. ■ Participate in oversight meetings to ensure coordinated services on behalf of referred juveniles. ■ Participate in trainings in an effort to increase successful applications for medical assistance benefits. 6. Other JCBHS Duties ■ Assist the client and Juvenile Detention staff in submitting an expedited application for public benefits, prior to release and when indicated, with the goal of immediate access to benefits upon the client's release from detention. ■ Maintain client charts, documenting the assessment results, ISP, case notes, and release/transition plans. The client chart must note, in a clearly recognizable manner, when mental health services began and when they ended. ■ Complete an initial mental health screening or assessment for those offenders with a service history in the mental health system. ■ Comply with all applicable state and federal laws regarding confidentiality. B. Other Contractor Duties The Contractor will: Ensure partial backup coverage when the JCBHS is ill or on vacation. Distribute flex funds as appropriate. Flex fund expenditures will be reimbursed based on the following criteria: o Are within the allowable criteria established by the County and as set forth in Attachment 1, Whatcom County Flex Fund Guidelines. o Are limited to $500 per client per year. o Are accompanied by receipts. o Are based upon the needs identified in the ISP. o Funding for the needed services is unavailable from any other source. Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 11 261 o Are accompanied by documentation showing the client ID number, date, and cumulative amounts. Develop a Memorandum of Understanding (MOU) with: ■ Local Juvenile Court Administration and/or other identified representatives in order to: o Coordinate a referral system and written procedures for individuals with mental illness or emotional disorders who need mental health services and for those with previous mental health concerns. o Develop written process and procedures for referral and services to people placed in out - of -jurisdiction contracted facilities. Update all MOUs at least annually. 3. Program Eligibility Juveniles who are incarcerated in Whatcom County Juvenile Detention or who are under the active jurisdiction of Whatcom County Juvenile Court and are residing or releasing to Whatcom County are eligible for this program. 4. Reporting The Contractor will provide quarterly reports on the: a. Number of referrals received b. Number of contacts made with youth offenders c. Number of families contacted d. Number of individuals enrolled in services e. Number of expedited applications for public benefits completed on behalf of individuals and families. f. Number successfully engaged in services as indicated by their ISP. Reports shall be submitted on the following time schedule: Service Period Due Date January — March 2010 Aril 10, 2010 April - June 2010 July 10, 2010 Jul — September 2010 October 10, 2010 October — December 2010 January 10, 2011 Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 12 262 EXHIBIT "B" COMPENSATION The source of funding for this contract, in an amount not to exceed $95,000.00, is Whatcom County mental health/chemical dependency sales tax revenue. The budget for Juvenile Court Behavioral Health Specialist services is as follows: Item Estimated Unit Cost Budget Juvenile Court Behavioral Health Specialist 1.0 FTE, including salary and benefits $36.69 per hour $76,312 Mileage .55 per mile (or current Federal rate) $528 Telephone Approx. $45/month $540 Flex funds $5,000 $5,000 Subtotal $82,380 Indirect/Program Administration Rate F 15.32% $12,620 TOTAL $95,000 The Contractor may transfer funds between budget line items in an amount up to 10% of the total budget. In no instance shall the indirect rate/program administration line item exceed 15.32% of direct costs. Invoicing The Contractor shall submit itemized invoices on a monthly basis in a format approved by the County. Monthly invoices must be submitted by the 15th day of the month following the month of service. Requests for reimbursement must include the following: ■ A General Ledger detail documenting all staff costs charged to the contract or a timesheet for each staff member being charged to the contract, accompanied by the Composite Hourly Billing Rate Worksheet for the position. ■ Receipts for telephone expenses. • Mileage records, including the name of the staff member, date of travel, starting point and destination of travel, the number of miles traveled, the per mile reimbursement rate, and a brief description of the purpose of travel, for mileage reimbursement. ■ Flex fund reimbursement requests must include the documentation specified in Attachment 1. 2. The Contractor shall submit invoices to (include contract #): Jackie Mitchell, Program Specialist Whatcom County Health Department 509 Girard St. Bellingham, WA 98225 Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 13 263 3. Payment by the County will be considered timely if it is made within 30 days of the receipt and acceptance of billing information from Contractor. The County may withhold payment of an invoice if the Contractor submits it more than 30 days after the expiration of this contract. 4. Invoices must include the following statement, with an authorized signature and date: I certify that the materials have been furnished, the services rendered, or the labor performed as described on this invoice. 5. Duplication of Billed Costs or Payments for Service: The Contractor shall not bill the County for services performed or provided under this contract, and the County shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for those costs used to perform or provide the services in this contract. The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 14 264 Certificate of Coverage Date:4/29/2009 Certificate Holder This Certificate is issued as a matter of information only and Corporation of the Catholic Archbishop of Seattle Chancery Office 710 9th Ave confers no rights upon the holder of this certificate. This certificate does not amend, extend or alter the coverage afforded below. Seattle, WA 98104 Company Affording Coverage THE CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA 10843 OLD MILL RD OMAHA, NE 68154 Covered Location Catholic Community Services 100 23rd Ave. S. Seattle, WA 98144-2302 Coverages, This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Ef active Date Coverage Expiration Date Limits Property Real & Personal Property General Liability General Aggregate 2,000,000 Products-Comp/OP Agg MOccurrence Personal & Adv Injury Claims Made ® 8558 7/1/2009 7/1/2010 Each Occurrence 1,000,000 Fire Damage (Any one fire) Med Exp (Any one person) Excess Liability Each Occurrence Other Each Occurrence Description of Operations/LocationsNehicies/Special Items Cov only extends to Whatcom County for claims directly arising from an act or omission of Catholic Community Services (CCS) provided such claim occur from CCS's performance of a contractual service for or on behalf of Whatcom County. This extension of cov applies to all contracts btwn CCS & Whatcom County. Incl Counseling Errors & Omissions & CMRS XS Auto $1.9M XS $100K SI. This cov does not incl Professional Liab; specifically excludes any action, error or omission of psychiatrists. Holder of Certificate Cancellation Additional Protected Person(s) Should any of the above described coverages be cancelled Whatcom County before the expiration date thereof, the issuing company will 0 endeavor to mail days written notice to the holder of certificate named to the left, but failure to mail such notice shall impose no obligation or liability of any ldnd upon the company, its agents or representatives. Authorized Representative 0064002715 ATTACHMENT 1 WHATCOM COUNTY FLEX FUNDS GUIDELINES "Flex funds" are funds that may be used at the discretion of the Contractor to purchase goods or services directly related to the service needs of the Contractor's clients, when no other funding source is available. Such goods or services must be reasonable and necessary to meet a client's emergent service needs or contribute to the stabilization or self-sufficiency of the client. Allowable Costs Allowable uses of client -specific expenditures of flex funds include, but are not limited to, the following: ■ Clothing ■ Food ■ Rental deposits or first month's rent ■ Housing/rental assistance ■ Bus passes or taxi fare ■ Car repairs ■ Driver's license or ID card fees ■ Educational or training program registration fees ■ Household supplies, including furniture ■ Medications ■ Health care ■ Other, as approved by Whatcom County Limitations Flex fund expenditures must be within the allowable criteria established by the County, as identified above, must be based upon the service needs as documented in the client's individual service plan or mental health screening, and must have no other funding available from any other source. Flex funds distributed to any one client for services other than.housing assistance cannot exceed $500 per year, except with written authorization from the County. Flex fund allocations for housing assistance are limited to $1,000 per client per year. No flex fund disbursements are to be made directly to the client but rather will be made on behalf of a client. Documentation Requests for reimbursement of flex funds must include the following: ■ A list of the goods and/or services purchased. ■ The amount of the goods and/or services purchased. ■ The initials of the client and/or unique identifying number of the client for whom the goods and/or services were purchased. ■ The total amount of flex funds distributed to the client during the year. ■ The service need addressed by the expenditure. ■ Accompanying invoices and/or receipts. Contract for Services Agreement HL_020110_CCS Juvenile Court BHS Page 16 266 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-066 CLEARANCES Initial Date Date Received in Council. Office,, Agenda Date Assigned to:, Originator. 9 1/14/10 -7 jjC�-' "t � L—l1 L" + it ',U' i JAN Q 9W 1/26/10 inane/Council pivision Head:. De _ t. Head; _ WHATCO COUNTY COUNCIL FY Prosecutor: Purchasin ud 1 / 14/ 10 Executive: _. TITLE OP DOCUMENT: Approval to Purchase Asphalt Products ATTACHMENTS: Memos from Finance and Public Works SEPA review required ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works Maintenance & Operations is requesting annual approval to purchase their annual 2010 supply of miscellaneous asphalt products using Washington State Contract. It is anticipated that expenditures will be $40,000.00 which is about the same as 2009. The vendors are Albina Asphalt, Arrow Construction Supply, Partner Construction Products, and Special Asphalt Products. This is a regularly budgeted expenditure and all purchases are based on actual need. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed,'ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 267 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 CMG ' f INGt�� DATE: 14 January 2010 TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Approval to Purchase Asphalt and Bulk Products for 2010 • Background & Purpose FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager Public Works Equipment Services is requesting approval to use the Washington State contract to purchase their annual supply of asphalt and other related asphalt products for various road maintenance projects. The contract lists various vendors, including Albina Asphalt, Arrow Construction Supply, Partner Construction Products, and Special Asphalt Products. Product is purchased on an as'needed basis and it is anticipated that expenditures will be approximately $40,000.00 which should be the same as 2009. • Funding This is a regularly budgeted item and funds exist in the upcoming budget. I concur with this recommendation. AS Finance ..- 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 (3 8-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY38-4555 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM 901 W. Smith Road Bellingham,WA 98226 Phone (360) 676-6759 Fax (360)380-8115 Eric L. Schlehuber, Division Manager TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, PW Director FROM: Eric L. Schlehuber, PW Equipment Services Manager Mary A. Green, PW Maintenance & Operations Superintendent RE: State Bid Contract #03705 (Asphalt, Bulk Products) DATE: January 6, 2010 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed during 2010 (current state contract extension is for the period of 01/01/2010 through 06/30/2011) from the Washington State Bid Procurement List: MATERIAL S1`ATE CONTRACT# EJ�RIRATION DATE APpROx(MATE E�pENDITURE Asphalt, Bulk Products 03705 06/30/2011 $ 40,000.00 This state contract has been awarded to multiple vendors. Four vendors are located in Washington State: 1) Albina Asphalt of Vancouver, 2) Arrow Construction Supply, Inc. of Spokane, 3) Partner Construction Products of Seattle, and 4) Special Asphalt Products of Spokane. Two vendors are located out of state: 1) Crafco, Inc. in Portland, Oregon; and 2) Maxwell Products, Inc. in Salt Lake City, Utah. ■ Background and Purpose The Maintenance & Operations Division of the Public Works Department uses these materials regularly as part of the road maintenance program. This agreement is for the purpose of providing various asphalt material throughout the year to be used on county roads and on road projects as needed. The previous contract was awarded through the Washington State Bid Procurement List on State Contract #03705 for 2009. The current contract period was extended 01/01/10 through 06/30/11. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which are used on an annual basis as needed and have been budgeted during the 2009-2010 Budget process. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 26, 2010 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 269 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-067 CLEARANCES Initial. Date Dgte,Received in. Council, O ice , Agenda Date Assigned to:. Originator., s 1/14/10 D 2 ��'® 1/26/10 Finance/Council pivision H00-7 JAN 19 2010 Dept- Head.: WHA Ce® MICOUNTY COUNCIL Prosecutor. Puahasin / ud : Q 40y� 1/14/10 Executive:.,AE FA ) 7 "/ o TITLE OF DOCUMENT: Approval to Purchase Glass Beads for Traffic Marking Paint ATTACHMENTS: Memos from Finance and Public Works SEPA review required ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works Maintenance & Operations is requesting annual approval to purchase their annual 2010 supply of Glass Beads for traffic line marking paint using the Washington State Contract. The vendor is Alpine Products and Potters Industries. It is anticipated that expenditures will be approximately $77,000. This is a regularly budgeted expenditure and all purchases are based on actual need. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #; Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 270 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 14 January 2010 TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Approval to Purchase Glass Beads for 2010 Background & Purpose FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager Public Works Equipment Services is requesting approval to use the Washington State contract to purchase their annual supply of glass beads for traffic marking paint. The contract vendors are Alpine Products, Inc and Potter Industries. Product is purchased on an as needed basis and estimated expenditures are for $77,000.00, which is about the same as it has been for the past few years. Funding This is a regularly budgeted item and funds exist in the upcoming budget. I concur with this recommendation. ManagerAS Finance 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 (3f380) �8 1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY 38-4555 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM 901 W. Smith Road Bellingham, WA 98226 Phone (360) 676-6759 Fax (360)380-8115 Eric L. Schlehuber, Division Manager TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, PW Directo ,���` FROM: Eric L. Schlehuber, PW Equipment Services Manager ` �n Mary A. Green, PW Maintenance & Operations Superintendent RE: State Bid Contract #00107 (Glass Beads for Traffic Marking Paint) DATE: November 20, 2009 ■ Requested Action am requesting Executive and Council approval to purchase the following material as needed during 2010 (current state contract extension is for the period of 04/21/2009 through 12/31/2010) from the Washington State Bid Procurement List: IVIA7ERIAL ,. a*A, E CONTRACT # ��(PIRATION DATE qgT �PROXIMATI= z �X�EI�DITU�RE Glass Beads for Traffic Marking Paint 00107 31-Dec-10 $ 77,000.00 This state contract has been awarded to Alpine Products, Inc. located in Auburn, Washington and to Potters Industries located in Canby, Oregon. ■ Background and Purpose The Maintenance & Operations Division of the Public Works Department uses these materials regularly as part of the road maintenance program. This agreement is for the purpose of providing glass beads for traffic marking paint throughout the year to be used on county road maintenance and road projects as needed. The previous contract was awarded through the Washington State Bid Procurement List on State Contract #00107 for 2009. The current contract period was extended 04/21/2009 through 12/31/2010 with contract term not to exceed December 31, 2013. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2009-2010 Budget process. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the December 8, 2009 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 272 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-068. CLEARANCES Initial Date Date Received in Council Office A enda Date Ass i nod to: Originator: 1 /14/10 D JAN,12010 1 /26/10 Finance/Council Di ision Head: De .t_Flead; Prosecutor: WHATCOM COUNTY COUNCIL Purciasin / d 1!!!� 1/14/10. may. Executive: TITLE F DOCUMENT: Approval to Purchase the Annual Supply of Lignosite ATTACHMENTS: Memos from finance and Public Works SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY 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 ER&R is requesting approval to purchase to their 2010 annual supply of lignosite for dust control on county roads. The vendor is Meenderinck, LLC, a sole source for this product. The total expenditure is approximately $25,000.00 based on need. This is a regularly budgeted expenditure and funds were approved in the current budget. COMMITTEE ACTION: COUNCIL ACTION: Related County Con#tact #: Related t=ile Numbers: Ordinance or Res;/u#ion 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. 273 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 14 January 2010 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: 2010 Lignosite Usage FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager ■ Background Annually, Public Works purchases lignosite for dust control on county roads. The product is purchased on an as needed basis and Meenderinck, LLC is currently the sole source supplier for this product. The product is hauled to Whatcom County from a plant in California, and it must be stored in heated tanks. Currently, Meenderinck LLC is the only local vendor with the required storage capabilities. Public Works is requesting approval to purchase lignosite From Meenderinck LLC as needed, not to exceed $25,000. In 2009, $50,000 had been requested and the total expenditure was $13,000.00. The cost per ton for 2010 will increase due to new legislation regarding renewable resource tax credit. The price per ton is as follows: Price when picked up at the Nooksack Plant $ 145.00 per ton Price when delivered to Central Shop $ 275.00 per ton ■ Funding This is a regularly budgeted item, and funds for this purchase were approved in the current budget. I recommend approval. in Services inance 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 (3 � 8 1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTYH038-4555 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM TO: Brad Bennett, AS Finance Manager f THROUGH: Frank M. Abart, PW Director FROM: Eric L. Schlehuber, PW'Equipment Services Manager Mary A. Green, PW Maintenance & Operations Superintenden 901 W. Smith Road Bellingham, WA 98226 Phone (360)676-6759 Fax (360) 380-8115 Eric L. Schlehuber, Division Manager RE: Sole Source — Lignosite (Dust Control Material) DATE: January 6, 2010 ■ Requested Action I am requesting Executive and Council approval to purchase lignosite (dust control material) as needed during 2010 from the sole source supplier of this product, Curt Meenderinck, LLC of Nooksack, in the amount of $25,000.00. MA7IZIAL,_ i•rP EXPII�ATIi?N, DArs APROCIMA'r P�t�l'tfl�Rl= Lignosite (Dust Control Material) Sole Source 12/31/2010 $ 25,000.00 ■ Background and Purpose The Maintenance & Operations Division of the Public Works Department will use the lignosite (dust control material) on various county road projects as part of the annual road maintenance and repair program. Lignosite, a byproduct of pulp production, is used on gravel roads to minimize dust and debris during the dry season on county roadways. This material is distributed by truck and tanker onto gravel roads. Public Works Maintenance and Operations Division purchases approximately $60,000.00 annually of this product. Annual expenditures were approximately $47,950.00 in 2006, $34,000.00 in 2007, $27,000.00 in 2008, and $13,000 in 2009. Due to the change in 2005 in not being able to store this material in a heated tank at the Central Shop and after researching the availability of lignosite (previously declared as "sole source" in prior years), we have located only one vendor that provides this product locally. Bell Marine from California is the supplier of this product to Curt Meenderinck, LLC of Nooksack who has the necessary heated storage tank(s) to keep this product. All other attempts in locating a vendor with heated storage tank facilities located closer to Washington than California • (including BC, Canada) have failed. I accordingly request the Purchase, of lianosite.to be declared "sole source". This service is contracted because it must be shipped from Oregon by truck and tanker and large quantities are stored in heated storage tanks in the Everson .area by Curt Meenderinck, LLC. The cost for Lignosite in 2009 for 50/50 was $104.00 per tonicked up and $175.00 per ton straight delivered to the Central Shop. 275 Request Memo - Lignosite (Sole Source) Page 2 of 2 January 6, 2010 Due to new legislation regarding renewable resource tax credit, 2010 rates will be increased. $145.00 (picked up) $275.00 (delivered) ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2009-2010 Budget process. Based on prior and estimated usage it is anticipated total expenditures will be approximately $50,000.00 and therefore requires Whatcom County Council approval. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 26, 2010 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 276 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-069 CLEARANCES Initial Date Date Received in Council Office. A enda Date Assigned to: Originator: 1/14/16 1/26/10 Finance/Council Divisign Head,, Dept. Head:., Prosecutor: fur hash /e d : 1/14/10 Executive.: h/y�A TITLE CIF DOCUMENT: Approval to Purchase Lubricants ATTACHMENTS: Memos from Finance and Public Works SEPA review required? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RC W or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase lubricants using the Washington State Contract. The supplier is Conoco Phillips 76/Reisner Distributor. Lubricants are purchased on an as needed basis and it is possible that this expenditure could exceed $35,000 over the coming year. This is a planned purchase and the funds are in the current Equipment Services 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. 277 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 14 January 2010 TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Annual Supply of Lubricants Background FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager Public Works is requesting approval to purchase lubricants using the Washington State Contract. The supplier is Conoco Phillips 76/Reisner Distributor. Lubricants are purchased on an as needed basis and it is possible that this expenditure could exceed $35,000 over the coming year. Funding This is a regularly budgeted expenditure where use is based upon actual need. I concur with this recommendation. AS 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 (3 8-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY60j738-4555 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director ,�6oM co` 3rP y� 4sNINdt� MEMORANDUM TO: Brad Bennett, AS Finance Manager v THROUGH: Frank M. Abart, PW Director /J / FROM: Eric L. Schlehuber, PW Equipment Services Manager 901 W. Smith Road Bellingham, WA 98226 Phone (360)676-6759 Fax (360) 380-8115 Eric L. Schlehuber, Division Manager RE: State Bid Contract #09005 (Lubricants, Virgin and Re -refined) DATE: December 17, 2009 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed during 2010 (current state contract extension is for the period of 03/01/2009 through 10/31/2010) from the Washington State Bid Procurement List: 1�AP�RQXIMA�E MATERIAL ; M14 StgTE CONTRACT # ,ExI�IRATION{DAi"E �xP�F�IDITl1l3E Lubricants, Virgin and Re -refined 09005 10/31/2010 Excess of $35,000 This state contract has been awarded to ConocoPhillips — 76 Lubricants; Reisner Distributor, Inc., in Bellingham, Washington is the local authorized dealer. ■ Background and Purpose "Fhe Equipment Services Division of the Public Works Department uses these materials regularly for annual maintenance on county vehicles and equipment. This agreement is for the purpose of providing automotive lubricants throughout the year to be used on county's vehicles and equipment as needed. The previous contract was awarded through the Washington State Bid Procurement List on State Contract #09005 for 2009. The current contract period was extended 03/01/2009 through 10/31/2010 with contract term not to exceed October 31, 2011. ■ Funding Amount and Source "Fhese are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2009-2010 Budget process. Based on prior and estimated usage it is anticipated that total expenditures will. exceed $35,000 and therefore requires Whatcom County Council approval. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 26, 2010 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 279 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-070 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: 1 /14/10_ AN 19 2010 1/26/10 finance/Council Division, Head: Dept. Head: WHATC M Prosecutor: ,COUNTY COUNCIL Purchasin /Bud 1/14/10 Executive: TITLE O DOCUMENT: Approval to Purchase Auto Parts ATTACHMENTS: Memos from Finance and Public Works SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works Equipment Rental Division is requesting approval to use the Washington State Contract to purchase their annual supply of auto parts. The contract allows users to purchase Carquest and Napa parts From the local Franchise dealers. Parts are purchased on an as needed basis and it is anticipated that expenditures will exceed $35,000.00. This is a regularly budgeted expenditure. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract W Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 14 January 2010 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase Auto Parts ■ Background & Purpose FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager Public Works ER&R would like to use the Washington State Contract to purchase their annual supply of miscellaneous auto/truck parts. -these items are used for the maintenance and repair of smaller County Public Works equipment. The State Contract awards to brand names rather than specific vendors. The brands are CarQuest Auto Parts, Napa/Genuine Parts Corporation, and CSK Auto Inc. This allows Public Works the ability to purchase parts from several local vendors. Parts are purchased on an as needed basis and generally annual expenditures exceed $35,000.00. ■ Funding This is a regular planned purchase and funds were approved in the current ER&R budget. I concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (3 98-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTYd) 738-4555 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director G� '0 '4MING� MEMORANDUM TO: Brad Bennett, AS Finance Manager 901 W. Smith Road Bellingham, WA 98226 Phone (360) 676-6759 Fax (360)380-8115 Eric L. Schlehuber, Division Manager THROUGH: Frank M. Abart, PW Director w($k7 FROM: Eric L. Schlehuber, PW Equipment Services Manager RE: State Bid Contract #01809 (Fleet Vehicle Parts, Just -In -Time —Statewide) DA'rE: December 15, 2009 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed during 2010 (current state contract extension is for the period of 08/10/2009 through 08/09/2012) from the Washington State Bid Procurement List: ' �,Ii4T,�RIAL' ` STATE CO'NtRAiCt � EXPIrtd►`r(ON DATE ��,�; .� Automotive, Vehicle Parts and Supplies 01809 August 9, 2012 Excess of $35,000 This state contract has been awarded to Auto Zone Stores, CarQuest Auto Parts, Motion Auto Supply, and Seattle Automotive Distributing. We have historically used both NAPA and CarQuest vendors, which include local NAPA vendors (NAPA Auto Parts located in Bellingham and Bridgeview Auto in Ferndale), and three local Car Quest vendors (Seattle Automotive Dist. In Bellingham; Hawley's Auto Parts in Ferndale; and S & H Auto Parts in Lynden). Consideration will be given as to the availability of parts, total cost of the parts, performance of the parts, and the location of the vendor. ■ Background and Purpose 'rhe Equipment Services Division of the Public Works Department uses these materials regularly for annual maintenance on county vehicles and equipment. This agreement is for the purpose of providing automotive parts throughout the year to be used on county vehicles and equipment as needed. The previous contract was awarded through the Washington State Bid Procurement List on State Contract #06302 for the remainder of 2009. The current state contract is from 08/10/2009 through 08/09/2012 with contract term not to exceed August 9, 2018. ■ Funding Amount and Source These are regularly budgeted expenditures for automotive parts, which is used on an annual basis as needed and has been budgeted during the 2009-2010 Budget process. Based on prior and estimated usage it is anticipated total expenditures will exceed $35,000 and therefore requires Whatcom County Council approval. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 26, 2010 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 282 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-071 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: TWH 1115110 1126110 Finance/Council Originator: J V E D JAN 19 2010 Division Head: Dept. Head: Prosecutor: WHATCOM COUNTY Purchasin /Bud t. COUNCIL Executive: TITLE OFDOCUMENT.• Interlocal Agreement between Whatcom County and Whatcom Council of Governments for the delivery of services through the Smart Trips program. ATTACHMENTS. Memo, Interlocal Agreement SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) Requested Date: NO SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Whatcom County was recently awarded an energy efficiency grant that will help to support the Community Energy Efficiency Challenge. Funds will be used toward an energy efficiency loan program, the recruitment of a conservation resource analyst and the continued support of the Whatcom Smart Trips. Attached is the interlocal agreement for the Smart Trips component of the grant award 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. 283 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM Pete Kremen County Executive Dewey Desler Deputy Administrator TO: Whatcom County Council FROM: Dewey Desler, Deputy County Administrato 4X RE: Interlocal Agreement between Whatcom County and Whatcom Council of Governments DATE: January 19, 2010 Over the last year Whatcom County has become more involved in seeking Federal grant funding through the American Recovery and Reinvestment Act (ARRA). This funding has been made available to local and state governments. A direct response to the economic crisis, the Recovery Act has three immediate goals: • Create new jobs as well as save existing ones • Spur economic activity and invest in long-term economic growth • Foster unprecedented levels of accountability and transparency in government spending Whatcom County was awarded an energy efficiency conservation block grant for the Community Energy Efficiency Challenge. One component of the Community Energy Efficiency Strategy is Whatcom Council of Government's Smart Trips (EECBG) program. This program is designed to promote sustainable transportation choices while reducing vehicle trips and increasing trips made by walking, bicycling, sharing rides and riding the bus. With this funding Smart Trips will retain an FTE, promote sustainable choices in alternate transportation and provide quarterly activity reports as required by the granting agency. The Smart Trips program outcomes include: reductions in greenhouse gas emissions, traffic congestion relief, healthier citizens, safer streets and sidewalks, cleaner air and water, more vibrant urban areas, preserved property values, better access to goods and services and more social integration for non -drivers. The interlocal agreement is a three year contract based on the funding allocation of $60,000 ($20,000 per year) made available through this grant. Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 73kM5 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND WHATCOM COUNCIL OF GOVERNMENTS WHATCOM SMART 'f RIPS PROGRAM WHEREAS, Whatcom County (hereinafter "County") increasingly desires to reduce automobile trips as a percentage of total trips, and, WHEREAS, the Whatcom Council of Governments (hereinafter "COG') and Whatcom Transportation Authority are jointly implementing the Whatcom Smart Trips Program to reduce automobile trips, and, WHEREAS, RCW 39.34 provides for interlocal cooperation between governmental entities and authorizes interlocal agreements to accomplish mutually beneficial purposes in the public interest; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: PURPOSE. The purpose of this Agreement is to assist in funding the Whatcom Smart Trips program as described in attached Scope of Work (Attachment A). The program objective is to reduce automobile trips as a percentage of total trips through education, assistance and incentives. The primary focus will be on the Bellingham area, however many of the programs elements will be open to all residents and employees in Whatcom County. I1. FINANCING. The County shall pay $20,000 per year to COG, for three years, toward the implementation of the Whatcom Smart Trips project. III. ADMINISTRATION. The COG shall administer the planning and implementation of the project. The parties are not creating any new or separate organization or entity to administer the provisions of this agreement. IV. TERM OF AGREEMENT. Notwithstanding the date of execution hereof, this Agreement shall terminate by its own terms on December 31, 2012, or upon completion of the planning project, whichever is earlier, unless the Agreement is terminated or extended by the parties pursuant to the terms herein. V. PROPERTY. No real property shall be acquired or held under this Agreement. Any and all plans, drawings, notes, and other documents drafted by the planning consultant shall be shared jointly among the parties. Whatcom Smart Trips Interlocal — Whatcom County (1) 285 VI. MODIFICATION AND TERMINATION. 6.1 Modification. Any change, addition or other modification to this Agreement shall not be valid or binding upon any party hereto unless such change, addition or modification is in writing and executed by an authorized representative of the parties hereto. 6.2 Termination. The parties hereto may terminate this Agreement by written agreement of all parties hereto, which shall be executed by an authorized representative of each party. VII. REDUCTION IN FUNDING. In the event that funding is withdrawn, reduced or limited in any way after the effective date of this Agreement due to County budgetary constraints, and prior to the Agreement's normal completion, the County may reduce its payment due hereunder in proportion to the funds withdrawn, reduced or limited. If the level of funding withdrawn, reduced or limited is so great that the parties jointly deem the continuation of this Agreement is no longer desirable, the parties may summarily terminate this Agreement and any funds paid by the County, which have not been obligated to pay for the project will be refunded to the County. Vill. ASSIGNMENT. The parties hereto shall not assign or delegate any or all duty, obligation, right or interest in this Agreement. IX. MISCELLANEOUS PROVISIONS. 9.1 Entire Agreement. This document is the complete and exclusive agreement among the parties. It supersedes all oral or written proposals and/or other communications among the parties regarding this project. 9.2 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable for whatever reason, that shall not affect or impair, in any manner, the validity, legality or enforceability of the remainder of this Agreement. 9.3 Status of Employees. This Agreement shall not create any employment or worker's compensation rights, duties or obligations. No agent, employee or other representative of the parties shall be deemed an employee of any other party hereto for any reason. 9.4 Status of Agreement. This interlocal agreement is in addition to, and is not intended to replace, substitute, modify or otherwise amend any other agreement between the parties. Those other agreements continue in effect according to the terms of those agreements. 9.5 Rights and Remedies. The rights and remedies provided in this Agreement are in addition to any other rights and remedies that may be provided by law. 9.6 Third Parties. The parties do not intend to create any rights or benefits in any entity, organization or person that is not a party hereto. Whatcom Smart Trips Interlocal — Whatcom County (2) :• SCOPE OF WORK Whatcom Smart Trips: Creating a Community Trip Reduction Program . for Bellingham and Whatcom County The Energy Efficiency and Conservation Block Grant to Whatcom County will partially fund Whatcom Smart Trips' online trip diaries from January 1, 2010 to December 31, 2012. The estimated cost of the trip diary element is $40,000. Whatcom Council of Governments will provide 50% of the costs. Quarterly reports will be provided to Whatcom County tracking the following statistics based on participant provided data: # of New Registrants, Smart Trips Recorded, Vehicle Miles Reduced, Gasoline Saved, Carbon Dioxide, Reduced, Hydrocarbons Reduced, Carbon Monoxide Reduced and Nitrogen Oxides Reduced. ONLINE TRIP DIARIES Program participants use online trip diaries to keep track of Smart Trips — walking, cycling, ridesharing and transit trips that they make. Tracking these trips makes participants more aware of the circumstances surrounding those trips and helps them see other opportunities that they have for making Smart Trips. For example, when one records a trip walking to the pharmacy on one's lunch hour, it helps one recognize that there are other trips that could be conveniently make on foot. The website reports participants' personal pollution prevention statistics and fuel savings and aggregates those statistics so that individuals can see how their personal trip stats are contributing to the Smart Trips statistics of the entire community. Background Whatcom Smart Trips is a program that markets sustainable transportation choices — walking, bicycling, sharing rides and riding the bus — to the entire community. The program operates as a partnership between state and local government, the private sector, employers, and schools to provide education, assistance and encouragement to community members interested reducing their vehicle trips. Reducing vehicle trips and increasing trips made by walking, bicycling, sharing rides and riding the bus creates: • Reductions in greenhouse gas emissions • Traffic congestion relief • Healthier citizens • Safer streets and sidewalks • Cleaner air and water • More vibrant urban areas • Preserved property values • Better access to goods and services • More social integration for non -drivers Whatcom Smart Trips Interlocal — Whatcom County (3) 287 COMPENSATION The Contract Number, set forth above, shall be included on all billings. Maximum consideration for this contract shall be $60,000.00 to be billed up to $20,000 per year. Invoices shall be sent to the Whatcom County Executive's Office. Whatcom County Council of Governments will provide Whatcom County with an invoice as described in the Scope of Work. Whatcom County Council of Governments will also provide a report at the end of the quarter that includes the details described in the Scope of Work. Data includes: Number of New Registrants, Smart Trips Recorded, Vehicle Miles Reduced, Gasoline Saved, Carbon Dioxide, Reduced, Hydrocarbons Reduced, Carbon Monoxide Reduced and Nitrogen Oxides Reduced. Billing Invoice Package Whatcom County will reimburse COG 50% of the actual payroll costs of the Data Entry Specialist for the Trip Diary element of the Smart Trips program. The Agency shall submit a Billing Invoice Package on a monthly basis that consists of an invoice statement and documentation of payroll costs incurred. The Billing Invoice Package is due within ten working days after the end of each month. Method of Payment Reimbursement shall be made monthly. The County will pay based on amount indicated on the invoice according to the services indicated in the scope of work. Monthly payments may vary based on the actual number of hours worked. Payment to the Agency may be withheld for any month in which the Agency has not submitted the contractually required reports on the data indicated. The Contractor shall not bill the county for services performed or provided under this contract, and the County shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for those costs used to perform or provide the services in this contract. The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. Whatcom Smart Trips Interlocal — Whatcom County (4) EXECUTED, this the day of , 2010, for the WHATCOM COUNCIL OF GOVERNMENTS: James G. Miller, Executive Director EXECUTED this the day of , 2010, for WHATCOM COUNTY: Attest: Approved as to form: County Executive Department Approval: Whatcom Smart Trips Interlocal — Whatcom County (5) • STATE OF WASHINGTON ) COUNTY OF WHATCOM) ss I CERTIFY that I know or have satisfactory evidence that PETE KREMEN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the County Executive of WHATCOM COUNTY to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED SIGNATURE OF NOTARY PUBLIC Name Printed l"ITLE MY APPOINTMENT EXPIRES STATE OF WASHINGTON COUNTY OF WHATCOM) ss I CERTIFY that I know or have satisfactory evidence that JAMES G. MILLER is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Executive Director of the WHATCOM COUNCIL OF GOVERNMENTS to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED SIGNATURE OF NOTARY PUBLIC Name Printed TITLE MY APPOINTMENT EXPIRES Whatcom Smart Trips Interlocal — Whatcom County (6) 290 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 79 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1/20/2010 1/26/2010 Public Works Division Head.- Dept. Head.- Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Franchise Agreement 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.) Franchise Agreement COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the CounLys website at. www.co.whatcom.wa.us/council. 291 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-072 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Planning Committee Originator: Gary Davis 118110 1/26/10 C E � /% E D V Division Head: p / /® JAN 1:9 2010 WHATCOM COUNTYCOUNCIL Dept. Head: DavidStalheim -�0 Prosecutor: /o Purchasing/Budget: Executive: Pete Kremen �I TITLE OF DOCUMENT. Rural Element Update — discussion of status and future process. 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 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.) Rural Element Update — discussion of status and future process. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2009-00011 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. 292 WHATCOM COUNTY David Stalheim Planning & Development Services 3�P�`°M cO� ; Director 5280 Northwest Drive Bellingham, WA 98226-9097 J.E. "Sam" Ryan 360-676-6907, TTY 800-833-6384 �qs N6�°� Assistant Director 360-738-2525 Fax MEMORANDUM TO: Whatcom County Council THROUGH: David Stalheim, Director \�( FROM: Wain Harrison, Long Range Planning Supervisor Gary Davis, AICP, Senior Plannert/0-A-D DATE: January 8, 2010 SUBJECT: Rural Element Update PDS has placed this item on the Planning and Development Committee's January 26, 2010 agenda to give the committee a status report on the Rural Element Update and to discuss possible next steps. The Planning Commission's findings and proposed amendments to the Comprehensive Plan and zoning regulations have been forwarded to Council members in a notebook, along with minutes of the Planning Commission meetings where the Rural Element Update was discussed. Materials related to this process, including all written public comments, are available on the County web site at http://www.whatcomcounty.us/pds. On December 17, 2009, the Washington State Supreme Court issued its decision in Goldstar Resorts vs. Futurewise and Whatcom County. The decision upheld the part of the 2005 Growth Management Hearings Board decision that required Whatcom County to revise its Comprehensive Plan to reflect Growth Management Act requirements for establishing limited areas of more intensive rural development (IAMIRDs), but overturned the part that found some of the county's rural zoning districts noncompliant because they allowed lots smaller than five acres. The Supreme Court decision remands the issue to the Growth Management Hearings Board so that they may reconsider that issue without applying the five -acre "bright line" test. No date has been set for this reconsideration by the Hearings Board. This Supreme Court decision follows a similar decision affecting Thurston County; both decisions have been included in the Council's notebooks, along with the 2005 Futurewise vs. Whatcom County Hearings Board order. At the January 26 meeting, PDS hopes to receive direction from the Planning and Development Committee on how to structure the County Council consideration. Some possible actions include: Hold a public hearing to receive public testimony on the Planning Commission's final recommendations 293 Rural Element Update Memorandum January 8, 2010 Hold work sessions of the Planning and Development Committee to discuss specifics of the Planning Commission recommendations and to propose changes to those recommendations If you have questions about the Rural Element Update process, please contact Gary Davis at extension 50246. CADOCUME-1\rboxx\LOCALS-1\Temp\XPgrpwise\councilmemo20100126.doc 2 294 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-045 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: `��>� IE IJ V E D 01112110 Introduction 1 / 2 6 / 2010 Council Division Head: JH�`I1 A ►1 O 5 20�0 WHATCOM COUNTY Di. Head: Davavid Stalheim f% Prosecutor. / I a.' �7—Q C( Purchasing/Budget: COUNCIL Lzeculive: JlL✓ `/0 TITLE OF DOCUMENT. Repeal Utilities Planning and Advisory Committee A TTACHMENTS: Ordinance SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (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 ordinance would repeal the standing Utilities Planning and Advisory Committee which has not met since 2002, and has met only on occasions since 1991. The purpose of the committee was to review new electric, natural gas, and petroleum transmission facilities, as well as the review of telecommunications proposals to enhance economic development COMMITTEE ACTION: COUNCIL ACTION: 1/12/2010: 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 County's website at: www.co.wliatcom.wa.us/council. 295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 SPONSORED BY: Consent PROPOSED BY: PDS INTRODUCTION DATE: January 12, 2009 ORDINANCE NO. REPEALING WHATCOM COUNTY CODE 2.125, UTILITIES PLANNING AND ADVISORY COMMITTEE WHEREAS, a Utilities Planning and Advisory Committee (UPAC) was first formed in March, 1991 in response to requirements of the Growth Management Act; and WHEREAS, the UPAC ceased meeting regularly in 1993 and did not meet until 2000; and WHEREAS, events in 1999 or 2000 prompted the Whatcom County Council to seek assistance from UPAC; and WHEREAS, Ordinance 2000-027 established the Utilities Planning and Advisory Committee whose purpose was to review new electric, natural gas, and petroleum transmission facilities, as well as the review of telecommunications proposals to enhance economic development; and WHEREAS, the Utilities Planning and Advisory Committee has not appeared to meet since 2002;and WHEREAS, Planning and Development Services staff are required to provide staffing to the Committee and have not identified a need for a standing committee NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Ordinance No. 2000-027 is hereby repealed. ADOPTED this day of 12010. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor , Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved ( ) Denied Date Signed: 296 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-047 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Michelle Stiles ' Z Z�Cq 111212010 Introduction IJ ll E E� V E D Division Head: Wain Harrison 112612010 Planning and Development JAN 0 5 2010 WHATCOM COUNTY COUNCIL Committee Dept. Head.• DavidStalheim /o 1,126,12010 Council Prosecutor: Royce Buckingham I _ (� j_ e Purchasing/Budget: Brad Bennett Executive: Pete Kremen 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? ( ) Yes ( x ) NO SEPA review completed? ( x ) 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.) 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.• 1/12/2010: 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 County's website at. www.co.whatcom.wa.uslcouncil. 297 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 5280 Northwest Drive Bellingham, WA 98226 MEMORANDUM TO: Whatcom County Council Members THROUGH: David Stalheim WtPk FROM: Wain Harrison, Long. Range Planning Supervisor Michelle Stiles, Planner V1nC DATE: January 12, 2010 V SUBJECT: Home Occupation David Stalheim Director J.E. "Sam" Ryan Assistant Director RECEIVED DEC 31 2009 PETE KREMEN COUNTY EXECUTIVE Whatcom County Planning and Development Services have begun work on a series of "code scrub" items. These items are issues within Whatcom County's zoning code that staff has identified implementation issues. The requirements for the topics are written in a manner that is unclear for planning staff to implement and the public to understand what the limits are to the use or regulation. The Home Occupation requirement for Title 20 is an issue identified by Planning and Development Services staff. The proposed amendment addresses the following issues: - Remove standards of home occupations from WCC 20.97.180 to WCC 20.84.150 "Variances, Conditional Uses,.Administrative Uses and Appeals". - Clarify WCC 20.97.180 "home occupation" to allow the use in permitted accessory structures in addition to the dwelling unit. Address size limit standards - Create vehicle storage standards Clarification in sales connected to the home occupation - Clarification on motors that can be used in connection with the occupation List activities that are prohibited as home occupations Limits on the number of home occupation or cottage industry permitted on a lot Creating a certificate of occupancy requirement before. commencing the home occupation. Planning staff conducted public outreach on this proposal prior to the Planning Commission public hearing. In October staff notified members of the public who have an interest in the proposal. Three comments were received from the public and one council member provided feedback prior to the Planning Commission public hearing indicating support for the proposal. Planning Commission was presented with several options in regards to size limitations for home occupations. The Planning Commission recommends limiting the total area devoted to home occupations. Home occupations shall not exceed a total of 1000 square feet of building floor area, whether located in the dwelling, accessory structure(s) or combination thereof. In the UR, URM, and URMX zones limit the size to 500 square feet of building floor area, whether located in the dwelling, accessory structure(s) or combination thereof. Keep the existing text that Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2525 298 WHATCOM COUNTY FC David Stalheim PLANNING & t� 2� Director DEVELOPMENT SERVICES 3 J.E. "Sam" Ryan 5280 Northwest Drive4.. z Assistant Director Bellingham, WA 98226 °s"mmG emphasizes that the use of the dwelling unit shall be clearly incidental and subordinate to its use for residential purposes. On December 10, 2009 the Planning Commission held a public hearing on the proposal, at which the Planning Commission voted 5-2 in favor of recommending approval to the Whatcom County Council. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2525 299 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 SPONSORED BY: Consent PROPOSED BY: PDS INTRODUCTION DATE: January 12, 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; and 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; and 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, 2008 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; and 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; and WHEREAS, Notice of the Planning Commission hearing for the proposed text amendment was published in the Bellingham Herald on November 29, 2009; and 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; and WHEREAS, The County Council has adopted the following findings of fact: FINDINGS OF FACT I. Whatcom County Planning and Development staff has compiled a list of.issues with the current zoning code that are causing confusion and difficulty in implementation. Among these items were the regulations regarding home occupations. 2. The text amendment will clarify development regulations for the public to clearly understand what the standards are for home occupations. Page 1 300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 3. Staff sent an initial draft on October 12, 2009 to a stakeholder group of community members who provided feedback. Three comments were received from the public and one council member provided feedback prior to the Planning Commission public hearing indicating support for the proposal to amend the Home Occupation requirements. 4. 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, 2008 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. 5. Pursuant to Whatcom County Code (WCC) 20.90.050, as of December 2, 2009, Whatcom County Planning and Development Services has: evaluated the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; and considered possible environmental impacts that have been identified by the lead agency designated SEPA official through the State Environmental Policy Act (SEPA) threshold determination process. 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 FORM: Civil Deputy Prosecutor Page 2 ,Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved ( ) Denied Date Signed: 301 1 EXHIBIT A 2 3 Chapter 20.20 4 i URBAN RESIDENTIAL (UR) DISTRICT 5 20.20.100 Accessory uses. 6 .101 Home occupations pursuant to WCC 20.9784.448150. 7 ; 8 and 9 . 10 .105 Family day care homes subject to the requirements of WCC 20.9784.448150 for home occupations. 11 CHAPTER 20.22 12 URBAN RESIDENTIAL — MEDIUM DENSITY (URM) DISTRICT 13 20.22.100 Accessory uses. 14 .101 Home occupations pursuant to WCC 20.9784.459150, 15 .105 Family day care homes subject to the requirements of WCC 20.9784."8150 for home occupations. 16 CHAPTER 20.24 17 URBAN RESIDENTIAL MIXED (UR-MX-) DISTRICT 18 20.24.100 Accessory uses. 19 .101 Home occupations pursuant to WCC 20.9784.4S8150. 20 .105 Family day care homes subject to the requirements of WCC 20.9784.448150 for home occupations. 21 CHAPTER 20.32 22 RESIDENTIAL RURAL (RR) DISTRICT 23 20.32.100 Accessory uses. 24 .101 Home occupations pursuant to WCC 20.9784.4-80150. 25 .105 Family day care homes subject to the requirements of WCC 20.9784.4-80150 for home 26 occupations. 27 CHAPTER 20.34 28 RURAL RESIDENTIAL -ISLAND (RR -I) DISTRICT 29 20.34.100 Accessory uses. Page 3 302 1 .101 Home occupations pursuant to WCC 20.9784.4-80150. 2 .105 Family day care homes subject to the requirements of WCC 20.9784.I80150 for home occupations. C 4 CHAPTER 20.35 5 ELIZA ISLAND (En DISTRICT 6 20.35.100 Accessory uses. 7 .101 Home occupations pursuant to WCC 20.9784.4-80150. 8 .107 Family day care homes subject to the requirements of WCC 20.9784.I80150 for home occupations. 9 10 CHAPTER 20.36 11 RURAL (R) DISTRICT 12 20.36.100 Accessory uses. 13 .101 Home occupations pursuant to WCC 20.9784.480150. 14 .108 Family day care homes subject to the requirements of WCC 20.9784.480150 for home occupations. 15 16 CHAPTER 20.37 17 POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT 18 20.37.100 Accessory uses. 19 .101 Home occupations pursuant to WCC 20.9784.480150. 20 .106 Family day care homes subject to the requirements of WCC 20.9784.4-80150 for home occupations. 21 22 Chapter 20.40 23 AGRICULTURE (AG) DISTRICT 24 20.40.100 Accessory uses.* 25 .110 Home occupations pursuant to WCC 20.84.150. , 26 ; 27 and 28 . Page 4 303 .112 Family day care homes subject to the requirements of WCC 20.97-84.488150 for home occupations. 2 3 Chapter 20.42 4 RURAL FORESTRY (RF) DISTRICT! 5 20.42.100 Accessory uses. 6 .105 Home occupations pursuant to WCC 20.84.150., when in eemplianee with the following: 7 ; 8 and 13 14 Chapter 20.60 15 NEIGHBORHOOD COMMERCIAL CENTER (NC) DISTRICT 16 20.60.100 Accessory uses. 17 .104 Family day care homes and mini -day care homes; provided that such uses conform to the definition of 18 home occupation, WCC 20.9-784.488150, and further; provided that the single family residence is a legally 19 non -conforming use. 20 Chapter 20.61 21 SMALL TOWN COMMERCIAL (STC) DISTRICT 22 20.61.100 Accessory uses. 23 .102 Home occupation (pursuant to WCC 20.9-784.UG150). 24 25 Chapter.20.62 26 GENERAL COMMERCIAL (GC) DISTRICT 27 20.62.100 Accessory uses. 28 .104 Family day care homes and mini -day care homes; provided, that such uses conform to the definition 29 of home occupation, WCC 20.97-84.488150, and further; provided that 30 such uses require a conditional use permit if located within airport overlay zone 2 or 3 as shown in 31 Whatcom County Comprehensive Plan Appendix H. 32 33 Chapter 20.63 34 TOURIST COMMERCIAL (TC) DISTRICT 35 20.63.100 Accessory use Page 5 304 1 .104 Family day care homes and mini -day care homes; provided that such uses conform to the definition of 2 I home occupation, WCC 20.97-84.UG150, and further; provided that the single family residence is a legally 3 non -conforming use. 41 5 Chapter 20.64 6 RESORT COMMERCIAL (RC) DISTRICT %I 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 W 20.64.100 Accessory uses. .110 Family day care homes and mini -day care homes; provided that such uses conform to the defmition of home occupation, WCC 20.97-84.IN150. Chapter 20.80 SUPPLEMENTARY REQUIREMENTS 20.80.470 Exemptions. The following types of signs shall be exempt from the regulations of this section and zoning districts; provided, that such signs shall conform to the general provisions of this section. (1) Addresses (internal lighting permitted), family names, cottage names, entrance and exit signs, lee eeeupatien signs, up to two square feet; provided, that they are on -premises. Chapter 20.84 VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES AND APPEALS 20.84.150. Home Occupation (1) No more than two people, other than household members residingon n the premises, shall be engaged_in such occupation. (2) The use of the building for the home occupation shall be clearly accessory to its use for residential purposes by its occupants. (3) Home occupations shall not exceed a total of 1000 square feet of building floor area, whether located in the dwelling, accessory structure(s) or combination thereof. In the UR, URM, and URMX zones limit the size to 500 square feet of building floor area, whether located in the dwelling, accessory structure(s) combination thereof. (4) There shall be no external display or storage of materials, merchandise, or equipment. There shall be no change in the outside appearance of the building or premises inconsistent with the residential character of the dwellingor r neighborhood, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding eight square feet in area, nonilluminated and mounted on the property. (5) No traffic shall be generated by such home occupations in greater volume than would normallybe expected in the applicable zoning district and is appropriate for the road classification which serves the property. (6) The home occupation may use or store vehicles, in accordance with: Page 6 305 1 1. The total number of vehicles for all home occupations shall be: 2 a. For any lot five acres or less: two vehicles, up to an equivalent licensed gross 3 vehicle weight of 10,000 pounds, are permitted in connection with the activity; 4 b. For lots greater than five acres: three vehicles, up to an equivalent licensed gross 5 vehicle weight of 10,000 pounds, are permitted in connection with the activity; 6 and 7 c. For lots greater than ten acres: four vehicles, up to an equivalent licensed gross 8 vehicle weight of 10,000 pounds, are permitted in connection with the activity; 9 2. The vehicles shall not be stored within any required setback areas of the lot or adjacent 10 roadways and shall be adequately screened from adjacent neighboring residences or 11 roadways. 12 3. The parking area for the vehicles shall not be considered part of the outdoor storage area 13 provided for in subsection (4) of this section. 14 (7) Any need for parking generated by the conduct of such home occupation shall meet the off-street 15 parking requirements as specified in this title. At least one additional space shall be provided for each 16 nonresident on -site employee. 17 (8) No equipment, process, or materials shall be used in such home occupation which creates noise, 18 vibration, glare, fumes, odors or electrical interference beyond the property line, or outside the building, in 19 sufficient amounts and of such characteristics and duration as is likely to be injurious or cause damage to 20 human health, plant or animal life, or property, or which unreasonably interferes with enjoMent of life and 21 propgrty. 22 (9) Sales are limited to merchandise manufactured or repaired on the premises, items accessory to a 23 service provided to patrons who receive services on the premises (such as hair care products for a beauty 24 salon), telephone, mail order, catalog, e-commerce sales, or other electronic commerce sales. In no case 25 shall a home occupation consist of only retail sales. Fees for services for the use of merchandise or 26 equipment (such as tanning beds, copy machines, or similar products) shall be prohibited. 27 (10) The maximum nameplate horsepower rating of the electrical motors of any single piece of machinery 28 operating in the home occupation shall be five horsepower and no equipment shall be three-phase motors. 29 The electrical service for the home occupation shall not exceed 200 amps. 30 (11) The following activities, which include, but are not limited to: mortuaries, funeral homes, automobile, 31 truck and heavy equipment repair and auto body work or auto body painting_ parking and storage -of heavy 32 equipment, storage of building materials for use on other properties, are prohibited as home occupations. 33 (12) Customers/clients are prohibited on the premises prior to 7:00 a.m. and after 8:00 p.m. unless an 34 exception is specifically granted by the administrator. 35 (13) There shall be only one home occupation or cottage industry_ permitted on a lot. 36 (14) A certificate of occupancy as defined in the building code and as adopted in Title 15 shall be 37 obtained prior to commencing the home occupation to ensure compliance with building code and fire 38 regulations. Page 7 306 2 Chapter 20.97 3 DEFINITIONS 4 20.97.180 Home occupation. 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 "Home occupation" means au small scale occupation conducted -in-swithin a dwelling unit; or within a permitted accessory structure by the operator who resides in the dwelling.pre atit (1) No more then two on ske per -sons, other then famity members residing on the premises, shall engaged in sueh eeempation.- There be in the of the buildifl., (3) shaU me outside storage or ehange outside appear-anee of the eonduet of sueh home oeeupation, other then the A larger- one sign, not exeeeding sign up to 32 eight square feet in 5 square feet may be approved noniRuminated and mounted on propeFty. by the hearing examiner- by eenditional use per-mk-. (6) No equipment, pr-oeess, be in home or- mateiials shall used sueh oeeupation whieh er-eates noise, ehar-aeteAsties and duration as is likely to be injurious or eause damage to human health, plant o animal life, or- property, or- whieh mweasonabty inteFfer-es with enjoyment of We and propeFty. ManufaetnFing be limited to the bu (7) does shall the small hander-afted seale assembly items, of atr-eady manufnetured fuFnitur-e, parts based not preelude _(8) Sales in eanneetion the pr-oduetion with of small the aefivity are limited to mer-ehandise or- other- manufnetured wood or r-epair-ed on premises,' -e sales, Custemer-sklients or other produets related to the or ineidental to to the primary business. 7;00 (9) exeeption is speeifienRy (10) The poFfion are granted of the str-uetur-e prohibited on premises by the administrator-. housing the prior- home oeenpation . shall eomply with . unless an life/safety Page 8 307 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-048 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Michelle Stiles q .� L. Z 111212010 Introduction I I Division Head: 112612010 Planning and Wain Harrison Development JAN '0 5 2010 Committee Dept. Head: 1126l2010 Council David Stalheim T WHATCOM COUNTY Prosecutor: Royce Buckingham ?-3� COUNCIL V U Purchasing/Budget: Brad Bennett Executive: Pete Kremen I# TITLE OF DOCUMENT. Ordinance clarifying and revising the definition and standards of accessory apartments and second cooking facilities within Whatcom County's zoning code, Title 20. ATTACHMENTS: (1) Memorandum (2) Ordinance 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.) The proposal is to amend Whatcom County Code (WCC) Title 20. The purpose of the amendment is to clarify and revise the definition and standards of accessory apartments, as well as incorporate a definition of a second cooking facility. Incorporation of this proposal is for consistency and predictability within WCC Title 20. COMMITTEEACTION. COUNCIL ACTION: 1/12/2010: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: WHATCOM COUNTY popM co PLANNING DEVELOPMENT SERVICES 5280 Northwest Drive �9SHING�G� Bellingham, WA 98226 MEMORANDUM TO: Whatcom County Council Members THROUGH: David Stalheim /I D,,g 11-J4� FROM: Wain Harrison, Long Range Planning Supervisor Michelle Stiles, Planner �V�s DATE: January 12, 2010 SUBJECT: Accessory Apartments and Second Kitchens David Stalheim Director J.E. "Sam" Ryan Assistant Director RECEIVED DEC 31 2009 PEfE KREMEN COUNTY EXECUTIVE Whatcom County Planning and Development Services has begun work on a series of "code scrub" items. These items are issues within Whatcom County's zoning code that staff has identified implementation issues. The requirements for the topics are written in a manner that is unclear for planning staff to implement and difficult for the public to understand ranging from what the limits are to the use to regulation. Accessory apartments and second kitchens are two issues that mirror each other, The current code does not clearly differentiate between the two uses which creates confusion for planning staff and the public. The planning commission recommended the amendment address two main issues: 1) Accessory Apartments a) The proposal revises the definition of accessory apartments in WCC 20.97.003 b) Proposal also amends the minimum lot sizes outside of an Urban Growth Area (UGA) for detached accessory units from the current adopted standard of 5 acres to a lot of record no less than 4.5 acres. The 4.5 acre standard would create consistency with the definition of minimum lot size (WCC 20.97.240). 2) Second Kitchen a) The proposal is to amend the definition of "Cooking Facility" (WCC 20.97.087), to include in the definition allowing a second kitchen in single family homes, if a document is recorded with the Whatcom Count Auditor limiting the second kitchen to only single family use. The Whatcom County Planning Commission held a public hearing on the proposal on December 10, 2009. The Planning Commission voted 7-0 to recommended approval on the proposed zoning text amendment to the Whatcom County Council. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2525 309 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. Amending Whatcom County's zoning code, Title 20, for the purposes of clarifying and revising the definition and standards of accessory apartments and second cooking facilities throughout the code. 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 PLN2009-00006. 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, 2008 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 on December 10, 2009. WHEREAS, Pursuant to Whatcom County Code (WCC) 20.90.050, as of December 2, 2009, Whatcom County Planning and Development Services has: evaluated the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; and considered possible environmental impacts that have been identified by the lead agency designated SEPA official through the State Environmental Policy Act (SEPA) threshold determination process. WHEREAS, The County Council has adopted the following findings of fact: Page 1 310 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 FINDINGS OF FACT 1. Whatcom County Planning and Development staff has compiled a list of issues with the current zoning code that are causing confusion and difficulty in implementation. Among these items were the regulations regarding home occupations. 2. The text amendment will clarify development regulations for the public to clearly understand what the standards are for accessory apartments, second kitchens, and minimum lot size. 3. Notice of the Planning Commission public hearing was published November 29, 2009. Planning staff received no comments from the public regarding the proposed text amendment. 4. The Planning Commission public hearing held on December 10, 2009, the Planning Commission voted 7-0 to recommended approval on the proposed text amendment to the Whatcom County Council. Page 2 311 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 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 F Civil Deputy Prosecutor Page 3 (Current Chair's Name), Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved ( ) Denied Date Signed: 312 EXHIBIT A 2 3 Chapter 20.97 4 DEFINITIONS 20.97.087 Cooking facility. 6 "Cooking facility" means a room or portion thereof designated and/or customarily used as a place 7 for the preparation, sanitation and cooking of food. A cooking facility contains any of the 8 following: a kitchen -type sink, refrigerator, range, freezer, microwave or any other customarily 9 used appliance or fixture for the preparation or sanitation of food. A second cooking facility will 10 be allowed within a permitted single family residence if an agreement document is sided, 11 notarized, and recorded with the Whatcom County Auditor, limiting the facility to the single 12 family household use. Second cooking facilities are only allowed in attached or detached units 13 through an accessory dwelling unit or accessory apartment annroval. (Ord. 2005-079 � 1, 2005). 14 1 15 16 20.97.003 Accessory apartment. 17 "Accessory apartment" means a separate complete residential unit designed for occupancy by a 18 family. It is substantially contained within the contiguous structure of a single family dwelling 19 unit and there is internal access between the units through a shared wall of the residential portion 20 of the building. A covered or enclosed breezeway or entry through. an attached garage is not 21 approved access. 22 and there is intema4 aeeess between units. (Ord. 94-002, 1994; Ord. 87-12, 1987; Ord. 87-11, 23 1987). 24 Chapter 20.20 25 URBAN RESIDENTIAL (UR) DISTRICT 26 20.20.130 Administrative approval uses. 27 .132 Accessory apartments or detached accessory dwelling units to single-family dwellings; 28 provided, that all of the following approval requirements are met: 29 (1) In addition to an existing or permitted dwelling, there shall be no more than one accessory 30 apartment or detached accessory dwelling unit per lot; 31 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached 32 accessory dwelling unit is located shall occupy as their primary domicile at least one of the 33 dwelling units on that lot; Page 4 313 1 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and 2 stormwater runoff for the additional dwelling unit must be obtained prior to application for a 3 building permit; 4 (4) There shall be only one front entrance to the house visible from the front yard and street for 5 houses with accessory apartments and only one additional entrance visible from the front yard for 6 detached accessory dwelling units; 7 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an 8 existing residence; 9 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square 10 feet in floor area; 11 (7) Long plats and short plats which are granted after January 25, 1994, shall be marked, 12 specifically designating lots allowed to be developed with accessory apartments or detached 13 accessory dwelling units at the option of the developer for future individual owners. Accessory 14 apartments and detached accessory dwelling units shall be prohibited on: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless those lots have been specifically marked for such use through the long plat process; (b) All lots within short plats which received approval after January 25, 1994, unless those lots have been specifically marked for such use through the short plat process; (c) All reserve tracts within long plats and short plats created by the cluster subdivision method; (8) A common driveway serving both the existing unit and any accessory unit shall be used to the greatest extent possible; (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance, stating: (a) Detached accessory dwelling units and associated land cannot be financed or sold separately from the original dwelling, except in the event the zoning permits such a land division; and (b) One of the dwellings must be the primary domicile of the owner; (10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be on a lot of record no less than five 4.5 acres; (11) Accessory apartments and detached accessory dwelling units to single-family dwellings are allowed within the Lake Whatcom watershed, only under the following circumstances: (a) Development of the parcel with the primary residence and accessory apartment or detached accessory dwelling shall conform to the density of the zoning district in which it is located. Page 5 314 I Adjacent properties in the same ownership may be bound by covenant to comply with the 2 underlying zoning density; and 3 (b) All of the above approval requirements shall be met for so long as the accessory unit remains; 4 (12) Detached accessory dwelling units shall be located so as to minimize visual impact to the 5 public right-of-way and to adjacent properties. Location in immediate proximity to the primary 6 residence is preferred. Location closer to property lines than to the primary residence may be 7 considered by the administrator when such location serves the goal of reducing overall visual 8 impact to public right-of-way and adjacent properties, and such location still meets the setback 9 requirements as stated in Chapter 20.80 WCC. To minimize environmental and visual impact the 10 applicant may be required to provide fencing and/or planting to screen the unit from public right - II of -way and adjacent properties; 12 (13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards 13 and compliance with Washington Administrative Code (WAC). 14 Chapter 20.22 15 URBAN RESIDENTIAL — MEDIUM DENSITY (URM) DISTRICT 16 20.22.130 Administrative approval uses. 17 .132 Accessory apartments or detached accessory dwelling units to single-family dwellings; 18 provided, that all of the following approval requirements are met: 19 (1) In addition to an existing or permitted dwelling, there shall be no more than one accessory 20 apartment or detached accessory dwelling unit per lot; 21 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached 22 accessory dwelling unit is located shall occupy as their primary domicile at least one of the 23 dwelling units on that lot; 24 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and 25 stormwater runoff for the additional dwelling unit must be obtained prior to application for a 26 building permit; 27 (4) There shall be only one front entrance to the house visible from the front yard and street for 28 I houses with accessory apartments and only one additional entrance visible from the front yard for 29 detached accessory dwelling units; 30 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an 31 existing residence; 32 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square 33 feet in floor area; Page 6 315 1 (7) Long plats and short plats which are granted after January 25, 1994, shall be marked, 2 specifically designating lots allowed to be developed with accessory apartments or detached 3 accessory dwelling units at the option of the developer for future individual owners. Accessory 4 apartments and detached accessory dwelling units shall be prohibited on: 5 (a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless 6 those lots have been specifically marked for such use through the long plat process; 7 (b) All lots within short plats which received approval after January 25, 1994, unless those lots 8 have been specifically marked for such use through the short plat process; 9 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method; 10 (8) A common driveway serving both the existing unit and any accessory unit shall be used to the 11 greatest extent possible; 12 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit 13 issuance, stating: 14 (a) Detached accessory dwelling units and associated land cannot be financed or sold separately 15 from the original dwelling, except in the event the zoning permits such a land division; and 16 (b) One of the dwellings must be the primary domicile of the owner; 17 (10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be 18 on a lot of record no less than five 4.5 acres; 19 (11) Accessory apartments and detached accessory dwelling units to single-family dwellings are 20 allowed within the Lake Whatcom watershed, only under the following circumstances: 21 (a) Development of the parcel with the primary residence and accessory apartment or detached 22 accessory dwelling shall conform to the density of the zoning district in which it is located. 23 Adjacent properties in the same ownership may be bound by covenant to comply with the 24 underlying zoning density; and 25 (b) All of the above approval requirements shall be met for so long as the accessory unit remains; 26 (12) Detached accessory dwelling units shall be located so as to minimize visual impact to the 27 public right-of-way and to adjacent properties. Location in immediate proximity to the primary 28 residence is preferred. Location closer to property lines than to the primary residence may be 29 considered by the administrator when such location serves the goal of reducing overall visual 30 impact to public right-of-way and adjacent properties, and such location still meets the setback 31 requirements as stated in Chapter 20.80 WCC. To minimize environmental and visual impact the 32 applicant may be required to provide fencing and/or planting to screen the unit from public right- 33 of -way and adjacent properties; Page 7 316 I (13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards 2 and compliance with Washington Administrative Code (WAC). 3 Chapter 20.24 4 URBAN RESIDENTIAL MIXED (UR-MX) DISTRICT 5 20.24.130 Administrative approval uses. 6 .133 Accessory apartments or detached accessory dwelling units to single-family dwellings; 7 provided, that all of the following approval requirements are met: 8 (1) In addition to an existing or permitted dwelling, there shall be no more than one accessory 9 apartment or detached accessory dwelling unit per lot; 10 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached 11 accessory dwelling unit is located shall occupy as their primary domicile at least one of the 12 dwelling units on that lot; 13 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and 14 stormwater runoff for the additional dwelling unit must be obtained prior to application for a 15 building permit; 16 I (4) There shall be only one front entrance to the house visible from the front yard and street for 17 houses with accessory apartments and only one additional entrance visible from the front yard for 18 detached accessory dwelling units; 19 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an 20 existing residence; 21 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square 22 feet in floor area; 23 (7) Long plats and short plats which are granted after January 25, 1994, shall be marked, 24 specifically designating lots allowed to be developed with accessory apartments or detached 25 accessory dwelling units at the option of the developer for future individual owners. Accessory 26 apartments and detached accessory dwelling units shall be prohibited on: 27 (a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless 28 those lots have been specifically marked for such use through the long plat process; 29 (b) All lots within short plats which received approval after January 25, 1994, unless those lots 30 have been specifically marked for such use through the short plat process; 31 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method; 32 (8) A common driveway serving both the existing unit and any accessory unit shall be used to the 33 greatest extent possible; Page 8 317 1 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit 2 issuance, stating: 3 (a) Detached accessory dwelling units and associated land cannot be sold separately from the 4 original dwelling, except in the event the zoning permits such a land division; and 5 (b) One of the dwellings must be the primary domicile of the owner; 6 (10) Accessory apartments, and detached accessory dwelling units to single-family dwellings are 7 allowed within the Lake Whatcom watershed, only under the following circumstances: 8 (a) Development of the parcel with the primary residence and accessory apartment or detached 9 accessory dwelling shall conform to the density of the zoning district in which it is located. 10 Adjacent properties in the same ownership may be bound by covenant to comply with the 11 underlying zoning density; and 12 (b) All of the above approval requirements shall be met for so long as the accessory unit remains; 13 (11) Detached accessory dwelling units shall be located so as to minimize visual impact to the 14 public right-of-way and to adjacent properties. Location in immediate proximity to the primary 15 residence is preferred. Location closer to property lines than to the primary residence may be 16 considered by the administrator when such location serves the goal of reducing overall visual 17 impact to public right-of-way and adjacent properties, and such location still meets the setback 18 requirements as stated in Chapter 20.80 WCC. To minimize environmental and visual impact the 19 applicant may be required to provide fencing and/or planting to screen the unit from public right- 20 of -way and adjacent properties; 21 (12) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards 22 and compliance with Washington Administrative Code (WAC). 23 Chapter 20.32 24 RESIDENTIAL RURAL (RR) DISTRICT 25 20.32.130 Administrative approval uses. 26 .132 Accessory apartments or detached accessory dwelling units to single-family dwellings; 27 provided, that all of the following approval requirements are met: 28 (1) In addition to an existing or permitted dwelling, there shall be no more than one accessory 29 apartment or detached accessory dwelling unit per lot; 30 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached acces- 31 sory dwelling unit is located shall occupy as their primary domicile at least one of the dwelling 32 units on that lot; Page 9 1 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and 2 stormwater runoff for the additional dwelling unit must be obtained prior to application for a 3 building permit; 4 (4) There shall be only one front entrance to the house visible from the front yard and street for 5 I houses with accessory apartments and only one additional entrance visible from the front yard for 6 detached accessory dwelling units; 7 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an 8 existing residence; 9 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square 10 feet in floor area; 11 (7) Long plats and short plats which are granted after January 25, 1994, shall be marked, 12 specifically designating lots allowed to be developed with accessory apartments or detached 13 accessory dwelling units at the option of the developer for future individual owners. Accessory 14 apartments and detached accessory dwelling units shall be prohibited on: 15 (a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless 16 those lots have been specifically marked for such use through the long plat process; 17 (b) All lots within short plats which received approval after January 25, 1994, unless those lots 18 have been specifically marked for such use through the short plat process; 19 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method; 20 (8) A common driveway serving both the existing unit and any accessory unit shall be used to the 21 greatest extent possible; 22 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit 23 issuance, stating: 24 (a) Detached accessory dwelling units and associated land cannot be financed or sold separately 25 from the original dwelling, except in the event the zoning permits such a land division; and 26 (b) One of the dwellings must be the primary domicile of the owner; 27 (10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be 28 I on a lot of record no less than five 4.5 acres, unless the parcel is large enough to accommodate 29 two dwelling units consistent with the underlying zoning density; 30 (11) Accessory apartments and detached accessory dwelling units to single-family dwellings are 31 allowed within the Lake Whatcom watershed, only under the following circumstances: 32 (a) Development of the parcel with the primary residence and accessory apartment or detached 33 accessory dwelling shall conform to the density of the zoning district in which it is located. Page 10 319 1 Adjacent properties in the same ownership may be bound by covenant to comply with the 2 underlying zoning density; and (b) All of the above approval requirements shall be met for so long as the accessory unit remains; 4 (12) Detached accessory dwelling units shall be located so as to minimize visual impact to the 5 public right-of-way and to adjacent properties. Location in immediate proximity to the primary 6 residence is preferred. Location closer to property lines than to the primary residence may be 7 considered by the administrator when such location serves the goal of reducing overall visual 8 impact to public right-of-way and adjacent properties, and such location still meets the setback 9 requirements as stated in Chapter 20.80 WCC. To minimize environmental and visual impact the 10 applicant may be required to provide fencing and/or planting to screen the unit from public right- 11 of -way and adjacent properties; 12 (13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards 13 and compliance with Washington Administrative Code (WAC). 14 Chapter 20.34 15 RURAL RESIDENTIAL -ISLAND (RR -I) DISTRICT 16 20.34.130 Administrative approval uses. 17 .132 Accessory apartments or detached accessory dwelling units to single-family dwellings; 18 provided, that all of the following requirements are met: 19 (1) In addition to an existing or permitted dwelling, there shall be no more than one accessory 20 apartment or detached accessory dwelling unit per lot; 21 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached 22 accessory dwelling unit is located shall occupy as their primary domicile at least one of the 23 dwelling units on that lot; 24 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and 25 stormwater runoff for the additional dwelling unit must be obtained prior to application for a 26 building permit; 27 (4) There shall be only one front entrance to the house visible from the front yard and street for 28 houses with accessory apartments and only one additional entrance visible from the front yard for 29 detached accessory dwelling units; 30 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an 31 existing residence; 32 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square 33 feet in floor area; Page 11 320 1 (7) Long plats and short plats which are granted after January 25, 1994, shall be marked, 2 specifically designating lots allowed to be developed with accessory apartments or detached 3 accessory dwelling units at the option of the developer for future individual owners. Accessory 4 apartments and detached accessory dwelling units shall be prohibited on: 5 (a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless 6 those lots have been specifically marked for such use through the long plat process; 7 (b) All lots within short plats which received approval after January 25, 1994, unless those lots 8 have been specifically marked for such use through the short plat process; 9 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method; 10 (8) A common driveway serving both the existing unit and any accessory unit shall be used to the 11 greatest extent possible; 12 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit 13 issuance, stating: 14 (a) Detached accessory dwelling units and associated land cannot be financed or sold separately 15 from the original dwelling, except in the event the zoning permits such a land division; and 16 (b) One of the dwellings must be the primary domicile of the owner; 17 (10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be 18 I on a lot of record no less than five 4.5 acres, unless the parcel is large enough to accommodate 19 two dwelling units consistent with the underlying zoning density; 20 (11) Accessory apartments and detached accessory dwelling units to single-family dwellings are 21 allowed on Lummi Island, only under the following circumstances: 22 (a) Development of the parcel with the primary residence and accessory apartment or detached 23 accessory dwelling shall conform to the density of the zoning district in which it is located. 24 Adjacent properties in the same ownership may be bound by covenant to comply with the 25 underlying zoning density; and 26 (b) All of the above approval requirements shall be met for so long as the accessory unit remains; 27 (12) Detached accessory dwelling units shall be located so as to minimize visual impact to the 28 public right-of-way and to adjacent properties. Location in immediate proximity to the primary 29 residence is preferred. Location closer to property lines than to the primary residence may be 30 considered by the administrator when such location serves the goal of reducing overall visual 31 impact to public right-of-way and adjacent properties, and such location still meets the setback 32 requirements as stated in Chapter 20.80 WCC. To minimize environmental and visual impact the 33 applicant may be required to provide fencing and/or planting to screen the unit from public right- 34 of -way and adjacent properties; Page 12 321 1 (13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards 2 and compliance with Washington Administrative Code (WAC). 3 Chapter 20.36 4 RURAL (R) DISTRICT 20.36.130 Administrative approval uses. 6 .132 Accessory apartments or detached accessory dwelling units to single-family dwellings; 7 provided, that all of the following requirements are met: 8 (1) In addition to an existing or permitted dwelling, there shall be no more than one accessory 9 apartment or detached accessory dwelling unit per lot; 10 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached 11 accessory dwelling unit is located shall occupy as their primary domicile at least one of the 12 dwelling units on that lot; 13 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and 14 stormwater runoff for the additional dwelling unit must be obtained prior to application for a 15 building permit; 16 (4) There shall be only one front entrance to the house visible from the front yard and street for 17 houses with accessory apartments and only one additional entrance visible from the front yard for 18 detached accessory dwelling units; 19 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an 20 existing residence; 21 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square 22 feet in floor area; 23 (7) Long plats and short plats which are granted after January 25, 1994, shall be marked, 24 specifically designating lots allowed to be developed with accessory apartments or detached 25 accessory dwelling units at the option of the developer for future individual owners. Accessory 26 apartments and detached accessory dwelling units shall be prohibited on: 27 (a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless 28 those lots have been specifically marked for such use through the long plat process; 29 (b) All lots within short plats which received approval after January 25, 1994, unless those lots 30 have been specifically marked for such use through the short plat process; 31 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method; 32 (8) A common driveway serving both the existing unit and any accessory unit shall be used to the 33 greatest extent possible; Page 13 322 1 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit 2 issuance, stating: 3 (a) Detached accessory dwelling units and associated land cannot be financed or sold separately 4 from the original dwelling, except in the event the zoning permits such a land division; and 5 (b) One of the dwellings must be the primary domicile of the owner; 6 (10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be 7 I on a lot of record no less than five 4.5 acres, unless the parcel is large enough to accommodate 8 two dwelling units consistent with the underlying zoning density; 9 (11) Accessory apartments and detached accessory dwelling units to single-family dwellings are 10 allowed within the Lake Whatcom Watershed, only under the following circumstances: 11 (a) Development of the parcel with the primary residence and accessory apartment or detached 12 accessory dwelling shall conform to the density of the zoning district in which it is located. 13 Adjacent properties in the same ownership may be bound by covenant to comply with the 14 underlying zoning density; and 15 (b) All of the above approval requirements shall be met for so long as the accessory unit remains; 16 (12) Detached accessory dwelling units shall be located so as to minimize visual impact to the 17 public right-of-way and to adjacent properties. Location in immediate proximity to the primary 18 residence is preferred. Location closer to property lines than to the primary residence may be 19 considered by the administrator when such location serves the goal of reducing overall visual 20 impact to public right-of-way and adjacent properties, and such location still meets the setback 21 requirements as stated in Chapter 20.80 WCC. To minimize environmental and visual impact the 22 applicant may be required to provide fencing and/or planting to screen the unit from public right- 23 of -way and adjacent properties; 24 (13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards 25 and compliance with Washington Administrative Code (WAC). 26 Chapter 20.37 27 POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT 28 20.37.130 Administrative approval uses. 29 .132 Accessory apartments or detached accessory dwelling units to single-family dwellings; 30 provided, that all of the following requirements are met: 31 (1) In addition to an existing or permitted dwelling, there shall be no more than one accessory 32 apartment or detached accessory dwelling unit per lot; Page 14 323 1 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached 2 accessory dwelling unit is located shall occupy as their primary domicile at least one of the 3 dwelling units on that lot; 4 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and 5 stormwater runoff for the additional dwelling unit must be obtained prior to application for a 6 building permit; 7 (4) There shall be only one front entrance to the house visible from the front yard and street for 8 houses with accessory apartments and only one additional entrance visible from the front yard for 9 detached accessory dwelling units; 10 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an 11 existing residence; 12 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square 13 feet in floor area; 14 (7) Long plats and. short plats which are granted after January 25, 1994, shall be marked, 15 specifically designating lots allowed to be developed with accessory apartments or detached 16 accessory dwelling units at the option of the developer for future individual owners. Accessory 17 apartments and detached accessory dwelling units shall be prohibited on: 18 (a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless 19 those lots have been specifically marked for such use through the long plat process; 20 (b) All lots within short plats which received approval after January 25, 1994, unless those lots 21 have been specifically marked for such use through the short plat process; 22 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method; 23 (8) A common driveway serving both the existing unit and any accessory unit shall be used to the 24 greatest extent possible; 25 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit 26 issuance, stating: 27 (a) Detached accessory dwelling units and associated land cannot be financed or sold separately 28 from the original dwelling, except in the event the zoning permits such a land division; and 29 (b) One of the dwellings must be the primary domicile of the owner; 30 (10) The minimum lot size for detached accessory units shall be on a lot of record no less than 31 five 4.5 acres., unless the parcel is large enough to accommodate two dwelling units consistent 32 with the underlying zoning density; Page 15 324 I (11) Detached accessory dwelling units shall be located so as to minimize visual impact to the 2 public right-of-way and to adjacent properties. Location in immediate proximity to the primary 3 residence is preferred. Location closer to property lines than to the primary residence may be 4 considered by the administrator when such location serves the goal of reducing overall visual 5 impact to public right-of-way and adjacent properties, and such location still meets the setback 6 requirements as stated in Chapter 20.80 WCC. To minimize environmental and visual impact the 7 applicant may be required to provide fencing and/or planting to screen the unit from public right- 8 of -way and adjacent properties; 9 (12) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards 10 and compliance with Washington Administrative Code (WAC). 11 12 Chapter 20.40 13 AGRICULTURE (AG) DISTRICT 14 20.40.130 Administrative approval uses. 15 .133 An accessory apartment or a detached accessory dwelling unit to a single-family dwelling; 16 provided, that all of the following requirements are met: 17 (1) In addition to an existing or permitted dwelling, there shall be no more than one accessory 18 apartment or detached accessory dwelling unit per lot; 19 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached 20 accessory dwelling unit is located shall occupy as their primary domicile at least one of the 21 dwelling units on that lot; 22 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and 23 stormwater runoff for the additional dwelling unit must be obtained prior to application for a 24 building permit; 25 (4) Accessory apartments and detached accessory units shall be located within the farmstead 26 cluster and comply with siting criteria found in WCC 20.80.255; 27 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an 28 existing residence; 29 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square 30 feet in floor area; 31 (7) A common driveway serving both the existing unit and any accessory unit shall be used to the 32 greatest extent possible; 33 (8) A deed restriction is recorded with the Whatcom County auditor prior to building permit 34 issuance, stating: Page 16 325 I (a) Detached accessory dwelling units and associated land cannot be financed or sold separately 2 from the original dwelling, except in the event the zoning permits such a land division; and 3 (b) One of the dwellings must be the primary domicile of the owner; 4 (9) The minimum lot size for detached accessory units shall be on a lot of record no less than 40 5 acres; 6 (10) Detached accessory dwelling units shall be located so as to minimize visual impact to the 7 public right-of-way and to adjacent properties. Location in immediate proximity to the primary 8 residence is preferred. Location closer to property lines than to the primary residence may be 9 considered by the administrator when such location serves the goal of reducing overall visual 10 impact to public right-of-way and adjacent properties, and such location still meets the setback 11 requirements as stated in Chapter 20.80 WCC. To minimize environmental and visual impact the 12 applicant may be required to provide fencing and/or planting to screen the unit from public right- 13 of -way and adjacent properties; 14 (11) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards 15 and compliance with Washington Administrative Code (WAC); 16 (12) A right to farm ordinance disclosure statement shall be signed and recorded with the 17 Whatcom County auditor by the current and subsequent occupants of the primary and accessory 18 dwelling unit or apartment. 19 Chapter 20.42 20 RURAL FORESTRY (RF) DISTRICT' 21 20.42.130 Administrative approval uses. 22 .132 Accessory apartments or detached accessory dwelling units to single-family dwellings; 23 provided, that all of the following approval requirements are met: 24 (1) In addition to an existing or permitted dwelling, there shall be no more than one accessory 25 apartment or detached accessory dwelling unit per lot; 26 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached 27 accessory dwelling unit is located shall occupy as their primary domicile at least one of the 28 dwelling units on that lot; 29 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and 30 stormwater runoff for the additional dwelling unit must be obtained prior to application for a 31 building permit; 32 (4) There shall be only one front entrance to the house visible from the front yard and street for 33 houses with accessory apartments and only one additional entrance visible from the front yard for 34 detached accessory dwelling units; Page 17 326 1 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an 2 existing residence; 3 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square 4 feet in floor area; 5 (7) Long plats and short plats which are granted after January 25, 1994, shall be marked, 6 specifically designating lots allowed to be developed with accessory apartments or detached 7 accessory dwelling units at the option of the developer for future individual owners. Accessory 8 apartments and detached accessory dwelling units shall be prohibited on: 9 (a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless 10 those lots have been specifically marked for such use through the long plat process; 11 (b) All lots within short plats which received approval after January 25, 1994, unless those lots 12 have been specifically marked for such use through the short plat process; 13 (8) A common driveway serving both the existing unit and any accessory unit shall be used to the 14 greatest extent possible; 15 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit 16 issuance, stating: 17 (a) Detached accessory dwelling units and associated land cannot be sold separately from the 18 original dwelling, except in the event the zoning permits such a land division; and 19 (b) One of the dwellings must be the primary domicile of the owner; 20 (10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be 21 I on a lot of record no less than 20 acres; 22 (11) Accessory apartments and detached accessory dwelling units to single-family dwellings are 23 allowed within the Lake Whatcom watershed only under the following circumstances: 24 (a) Development of the parcel with the primary residence and accessory apartment or detached 25 accessory dwelling shall conform to the density of the zoning district in which it is located. 26 Adjacent properties in the same ownership may be bound by covenant to comply with the 27 underlying zoning density; and 28 (b) All of the above approval requirements shall be met for so long as the accessory unit remains; 29 (12) Detached accessory units shall be located closer to the primary unit than to any adjoining 30 property line unless site constraints require location closer to the property line. If an accessory 31 unit is located closer to an adjacent property line than to the primary dwelling or within 50 feet of 32 an adjoining property, the applicant must provide a statement of nonobjection from the adjacent 33 property owner and must screen the unit to minimize visual impacts; Page 18 327 I (13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards 2 and compliance with the Washington Administrative Code (WAC). 3 Chapter 20.61 4 SMALL TOWN COMMERCIAL (STC) DISTRICT 20.61.150 Administrative approval uses. 6 .153 Accessory apartments or detached accessory dwelling units to single-family dwellings; 7 provided, that all of the following requirements are met: 8 (1) In addition to an existing or permitted dwelling, there shall be no more than one accessory 9 apartment or detached accessory dwelling unit per lot; 10 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached 11 accessory dwelling unit is located shall occupy as their primary domicile at least one of the 12 dwelling units on that lot; 13 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and 14 stormwater runoff for the additional dwelling unit must be obtained prior to application for a 15 building permit; 16 (4) There shall be only one front entrance to the house visible from the front yard and street for 17 houses with accessory apartments and only one additional entrance visible from the front yard for 18 detached accessory dwelling units; 19 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an 20 existing residence; 21 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square 22 feet in floor area; 23 (7) Long plats and short plats which are granted after January 25, 1994, shall be marked, 24 specifically designating lots allowed to be developed with accessory apartments or detached 25 accessory dwelling units at the option of the developer for future individual owners. Accessory 26 apartments and detached accessory dwelling units shall be prohibited on: 27 (a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless 28 those lots have been specifically marked for such use through the long plat process; 29 (b) All lots within short plats which received approval after January 25, 1994, unless those lots 30 have been specifically marked for such use through the short plat process; 31 (c) All reserve tracts within long plats and short plats created by the cluster subdivision method; Page 19 328 1 (8) A common driveway serving both the existing unit and any accessory unit shall be used to the 2 greatest extent possible; 3 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit 4 issuance, stating: 5 (a) Detached accessory dwelling units and associated land cannot be sold separately from the 6 original dwelling, except in the event the zoning permits such a land division; and 7 (b) One of the dwellings must be the primary domicile of the owner. (Ord. 99-012 § 1(2), 1999). 8 Chapter 20.64 9 RESORT COMMERCIAL (RC) DISTRICT 10 20.64.130 Administrative approval uses. 11 .132 Accessory apartments or detached accessory dwelling units to single-family dwellings; 12 provided, that all of the following requirements are met: 13 (1) In addition to an existing or permitted dwelling, there shall be no more than one accessory 14 apartment or detached accessory dwelling unit per lot; 15 (2) The owner(s) of the single-family lot upon which the accessory apartment or detached 16 accessory dwelling unit is located shall occupy as their primary domicile at least one of the 17 dwelling units on that lot; 18 (3) Proof that adequate provisions have been made for potable water, wastewater disposal, and 19 stormwater runoff for the additional dwelling unit must be obtained prior to application for a 20 building permit; 21 (4) There shall be only one front entrance to the house visible from the front yard and street for 22 I houses with accessory apartments and only one additional entrance visible from the front yard for 23 detached accessory dwelling units; 24 (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an 25 existing residence; 26 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square 27 feet in floor area; 28 (7) Long plats and short plats which are granted after January 25, 1994, shall be marked, 29 specifically designating lots allowed to be developed with accessory apartments or detached 30 accessory dwelling units at the option of the developer for future individual owners. Accessory 31 apartments and detached accessory dwelling units shall be prohibited on: 32 (a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless 33 those lots have been specifically marked for such use through the long plat process; Page 20 329 I (b) All lots within short plats which received approval after January 25, 1994, unless those lots 2 have been specifically marked for such use through the short plat process; (c) All reserve tracts within long plats and short plats created by the cluster subdivision method; 4 (8) A common driveway serving both the existing unit and any accessory unit shall be used to the 5 greatest extent possible; 6 (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit 7 issuance, stating: 8 (a) Detached accessory dwelling units and associated land cannot be sold separately from the 9 original dwelling, except in the event the zoning permits such a land division; and 10 (b) One of the dwellings must be the primary domicile of the owner; 11 (10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be 12 on a lot of record no less than five 4.5 acres, unless the parcel is large enough to accommodate 13 two dwelling units consistent with the underlying zoning density; 14 (11) Accessory apartments and detached accessory dwelling units to single-family dwellings are 15 allowed within the Lake Whatcom watershed, only under the following circumstances: 16 (a) Development of the parcel with the primary residence and accessory apartment or detached 17 accessory dwelling shall conform to the density of the zoning district in which it is located. 18 Adjacent properties in the same ownership may be bound by covenant to comply with the 19 underlying zoning density; and 20 (b) All of the above approval requirements shall be met for so long as the accessory unit remains; 21 (12) Detached accessory dwelling units shall be located so as to minimize visual impact to the 22 public right-of-way and to adjacent properties. Location in immediate proximity to the primary 23 residence is preferred. Location closer to property lines than to the primary residence may be 24 considered by the administrator when such location serves the goal of reducing overall visual 25 impact to public right-of-way and adjacent properties, and such location still meets the setback 26 requirements as stated in Chapter 20.80 WCC. To minimize environmental and visual impact the 27 applicant may be required to provide fencing and/or planting to screen the unit from public right- 28 of -way and adjacent properties; 29 (13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards 30 and compliance with Washington Administrative Code (WAC). (Ord. 2006-061 § 1 (Att. A)(7), 31 2006; Ord. 98-018 § 1, 1998; Ord. 95-031, 1995; Ord. 87-12, 1987; Ord. 87-11, 1987). 32 33 Page 21 330 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-049 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Tyler Schroder 5 r 2 I 30 l/12/2010 Introduction 1 D Division Head.- 1/26/2010 Planning and Wain Harrison Development JAN 6 5 201� Committee Dept. Head: 1� l /26/2010 Council David Stalheim WHATCOM COUNTY Prosecutor: ✓ Royce Buckingham �� 3/-D c( COUNCIL Purchasing/Budget: Brad Bennett Executive: Pete Kremen TITLE OFDOCUMENT. Ordinance clarifying the applicability of Agricultural Protection Overlay (APO) by including the area of adjoining road rights -of -way in the calculations of parcel acreage for APO zone. ATTACHMENTS: (1) Memorandum (2) Ordinance SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( x ) 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.) The proposal is to amend the definition of "parcel" in the Agricultural Protection Overlay (APO) zone to include adjoining rights -of -way in calculating parcel size. The proposal also removes submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark in calculating the parcel size for properties within jurisdiction of the Shoreline Management Program . COMMITTEEACTION. COUNCIL ACTION: 1/12/2010: 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 County's website at: www.co.whatcom.wa.us/council. 331 WHATCOM COUNTY cone Co PLANNING & DEVELOPMENT SERVICES 3 r 5280 Northwest Drive Bellingham, WA 98226 gsN,NG 0 MEMORANDUM TO: Whatcom County Council Members THROUGH: David Stalheim p,g.g, �W. FROM: Tyler Schroeder DATE: January 12, 2010 SUBJECT: Agriculture Protection Overlay Zone David Stalheim Director J.E. "Sam" Ryan Assistant Director RECEIVED DEC 31 2009 PETE KREMEN COUNTY EXECUTIVE The APO section of the Whatcom County code was adopted on May 20, 1997 as an interim ordinance and re -adopted on July 15, 1997 (ORD97-024). Final adoption took place on December 8, 1998 (ORD98-083). At that time, Whatcom County designated approximately 28,000 acres to be available for long-term conservation through the Agricultural Protection Overlay (APO) Zone. This zone was to act in concert with the Agricultural zone (approximately 88,000 acres) to conserve the targeted 100,000 acres of the County's agricultural lands of long-term significance. Currently, there are estimated to be less than 20,000 acres in the Rural (5) and Rural (10) zones that would be subject to the Agricultural Protection Overlay (APO) Zone. Two additional ordinances, ORD2002-060 and ORD2001-016, have been adopted to provide an additional exemption and provide clarification to the Agricultural Protection Overlay (APO) Zone.. The APO applies to parcels 20 acres or greater in the rural district, and is a way of conserving agriculture Iand without infringing on private property rights. Applied at the time of land division, the APO utilizes clustering in order to allow development on one portion of a parcel, while leaving the remainder of the parcel available for agricultural use. The original ordinance for APO, under the applicability section of WCC 20.38.020 indicated that; 'The provision in this section apply to all rural lands designated R- 5A or R-10A on the official zoning map, (a) outside designated urban growth area boundaries, and (b) held in parcels of 20 acres or larger. "ORD 2001-016, amended the official Whatcom County Code, Title 20, Chapter 20.38, Agriculture Protection Overlay, to try and provide clarification of "held in parcels of 20 acres or larger." This clarifying language, "including nominal 20 acre parcels" was included in the Applicability section of APO, WCC 20.38.050. That ordinance, however, used the term "parcel" which is defined in the Zoning Code as a legal lot of record, which is also specifically defined. As a result, the ordinance did not clearly include the Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2525 332 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 5280 Northwest Drive Bellingham, WA 98226 area from the center line of the deciding which properties should (APO) Zone. David Stalheim Director J.E. "Sam" Ryan Assistant Director bounding round for parcels or nominal parcels when be subjected to the Agricultural Protection Overlay A recent Whatcom County Hearing Examiner decision, APL2009-000151, has brought this inconsistency to staff's attention. According to the Hearing Examiner "The term "minimum lot size" as used in the Whatcom County Zoning Ordinance has a different definition than legal Lot of Record..." As indicated above, the original ordinance was adopted to require clustering techniques, at the time of land division, to parcels 20 acres or greater in the rural district. The APL2009-00015 Hearing Examiner's decision, allows for land division applications of 20 acre parcels, for the purposes of the number of lots while not utilizing clustering techniques to conserve prime agriculture soils. As stated in the Hearing Examiner's decision, "Since the applicability criteria for APO does not use the phrase "minimum lot size," but instead uses the term "parcel," which is defined as a Lot of Record, and since Lot of Record is described as a lot "described by final plat, short plat, or metes and bounds," the APO does not apply to the Appellant's lot since the lot is less than twenty acres in size." The decision, decided that a "parcel" as that term is defined in the Agriculture Protection Overlay consisting of 19.77 acres, is not subject to APO. According to the Hearing Examiner's decision, "the term "minimum lot size" is a term of art within the Zoning Ordinance and it must be presumed that the legislative body's failure to use the term within the Applicability Section of the APO was intentional. Had the legislative body desired to include one-half of the bounding roads in determining the parcel size to be subjected to the APO, it could have made it applicable to parcels with a "minimum lot size" of twenty acres or larger, instead of giving a specific definition to the term "parcel" in the APO Section and then applying the APO to "parcels" twenty acres or larger in size.." The Hearing Examiner's decision reads the literal language of the ordinance as adopted by the county and failed to address what staff believes was the clear legislative intent of the county's agricultural protection program. When the ordinance was amended to include "nominal" 20-acre parcels, it did so to include a larger supply of land subject to the ordinance. The irony of the decision is that a property owner gets to include the right-of-way for purposes of calculating gross density, but does not have to include it when determining whether or not the parcel is subject to the Agricultural Protection Overlay zone. For example, the case on appeal contained 19.77 acres. Although the zoning sets forth a density of 1 dwelling per 5 acres, the property owner is 1 APL2009-00015 (Attachment B). Sal Vacca, appealed a determination made by Whatcom County Planning and Development Services that the APO standards apply to a proposed Short Plat, located at 1056 Van Wyck Road. The Hearing Examiner upheld Mr. Vacca's appeal, indicating that the appellant has a "parcel" as that term is defined in the APO consisting of 19.77 acres, the parcel is not a nominal twenty acre parcel and contains less than twenty acres, and therefore the APO does not apply to the proposed Short Plat Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2525 333 WHATCOM COUNTY OM eo David Stalheim PLANNING r� aZ. Director DEVELOPMENT SERVICES 3 J.E. "Sam" Ryan 5280 Northwest Drive �y z Assistant Director Bellingham, WA 98226 9sHING allowed under the code to include the right-of-way for purposes of calculating density and how many lots could be created. Therefore, in this example, the property owner could createl four lots of less than 5 acres each, and was not required to set aside any land for agricultural protection. Without legislative amendment for the Agricultural Protection Overlay Zone, there would be additional loss of lands conserved for agricultural purposes in Whatcom County. There are estimated to be 51 parcels that are between 19.5 and 20 acres in the Rural (5) and Rural (10) zone subject to APO. This amounts to 1,204 acres, of which 75% would have been required to be conserved if a threshold lower than 20 acres for applicability were used. That means a loss of 903 acres of agricultural land that will now be eligible for 5 or 10 acre housing tracts. In addition, there are 76 parcels that staff has identified in the GIS .maps that range in size between 20 and 20.9 acres, totaling 1,553 acres. Due to the imprecision of the GIS parcel sizes that include right-of-way, it is likely that a High percentage of those parcels will not be subject to the Agricultural Protection Overlay Zone without legislative amendment to address the Hearing Examiner decision. Whatcom County adopted its first comWehensive plan under the Growth Management Act in 1997. The designation of agricultural lands of long-term commercial significance was accomplished by two mechanisms: 1) designation of agricultural. lands and an agricultural zone establishing minimum lot sizes of 40 acres and 2) creation of an Agricultural Protection Overlay Zone that applied to lands zoned Rural (5) and Rural (10) that had agricultural soils on more than 50% and were "nominally" more than 20 acres in size. The intent of the county's plan and development regulation strategy was to protect at least 100,000 acres of agricultural land to sustain a viable agricultural industry in Whatcom County. 100,000 acres is the minimum goal for ensuring a land .base. necessary to support a viable agriculture industry in Whatcom County. Currently there are 88,000 acres of agriculturally zoned land in Whatcom County. This strategy was further articulated by the Whatcom County Council when they adopted Resolution 2009-040 on July 7, 2009 affirming the County's goal of 100,000 acres as being the minimum acreage needed in farming to sustain successful long-term agriculture in Whatcom County. The County Council also recognized that continued conversion of agricultural lands to other uses threatens the sustainability of the agricultural industry in Whatcom County. Maintaining some protections afforded by the Agricultural Protection Overlay Zone are important components to maintaining this natural resource industry in Whatcom County. On December 10, 2009 the Planning Commission held a public hearing on the proposal, at which the Planning Commission voted 7-0 in favor of recommending approval to the Whatcom County Council. Office (360) 67646907 County (360) 380-8110 FAX (360) 738-2525 334 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. Amending Whatcom County's zoning code, Title 20, for the purposes of clarifying the applicability of Agricultural Protection Overlay (APO) by including the area of adjoining road rights -of -way in the calculations of parcel acreage for APO zone. WHEREAS, The proposed amendment to the Whatcom County Official Zoning Ordinance was initiated by Whatcom County Council, and was given file number PLN2009-00020 by Planning and Development Services Department; WHEREAS, Whatcom County Council adopted an interim ordinance, ORD2009-066, on September 15, 2009, to address the applicability of APO by including the area of adjoining road rights -of -way in the calculations of parcel acreage for APO; WHEREAS, Notice of the Planning Commission hearing for the subject ordinance and text amendment was published in the Bellingham Herald on November 29, 2009; WHEREAS, Notice of the proposed amendment was sent to the Department of Community, Trade and Economic Development (CTED) and other state agencies on November 10, 2009. On December 1, 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 August 3, 2009, the Whatcom County State Environmental Policy Act (SEPA) Official issued a SEPA threshold Determination of Non - Significance (DIVS) in regards to the proposed text amendment, a non -project action. No comments were received regarding this determination; 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 7-0 vote; Page 1 335 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 WHEREAS, The County Council has adopted the following findings of fact: FINDINGS OF FACT The purpose of the Agricultural Protection Overlay (APO) zone's purpose is "...to maintain and enhance commercial agricultural activity and further protect open space resources within Whatcom County; further the county's efforts in meeting long-term agricultural needs; provide a reasonable mix of uses and activities which may enhance the economic resources available to the farmer; and provide for a variety of uses within the rural areas which are not inconsistent with or incompatible with the use of lands within the area for agricultural activities. This chapter is not intended to interfere with the use of other resources". 2. ORD 2001-016, amended the official Whatcom County Code, Title 20, Chapter 20.38, Agriculture Protection Overlay, to enhance the APO compliance with the Growth Management Act and to provide clarification. Among those changes, the language "including nominal 20 acre parcels" was included to provide clarification to the Applicability Section of APO; WCC20.38.050. This language has led to inconsistent applicability of APO with regards to land division applications on parcels held in 20 acres. 3. This inconsistent applicability was upheld in a recent July 16, 2009 Whatcom County Hearing Examiner decision. The Administrative Appeal, APL2009-00015, decided that a "parcel" as that term is defined in the Agriculture Protection Overlay consisting of 19.77 acres, is not subject to APO.. 4. According to the Hearing Examiner decision "the term "minimum lot size" is a term of art within the Zoning Ordinance and it must be presumed that the legislative body's failure to use the term within the Applicability Section of the APO was intentional. Had the legislative body desired to include one-half of the bounding roads in determining the parcel size to be subjected to the APO, it could have made it applicable to parcels with a "minimum lot size" of twenty acres or larger, instead of giving a specific definition to the term "parcel" in the APO Section and then applying the APO to "parcels" twenty acres or larger in size." 5. This ordinance is to clarify and make consistent the applicability of APO as considered for the purposes of land division. This is done by making the definition of "parcel" consistent with "gross density" and "minimum lot size". Thereby, requiring all land division applications of parcels held in 20 Page 2 336 I acres, for the purpose of land division, subject to APO, to implement 2 clustering techniques. 3 4 5 6. With the permanent adoption of this interim ordinance, APO applicability 6 will be similar in interpretation as the terms "gross density" and "minimum 7 lot size" within the official Whatcom County Code, Title 20, Chapter 20.97, 8 Definitions. Historical interpretation of ""gross density" is to measure to 9 center of the adjoining road rights -of -way for purposes of land division 10 applications. 11 12 7. This clarification will require clustering techniques to be implemented, for 13 land division proposals, if a parcel is held in 20 acres and is subject to 14 APO. 15 16 8. The Whatcom County Council adopted RES2009-040 on July 7, 2009 17 affirming the County's goal of maintaining a minimum of 100,000 acres of 18 agricultural land in Whatcom County. 19 20 9. 100,000 acres is the minimum goal for ensuring a land base necessary to 21 support a viable agriculture industry in Whatcom County. 22 23 10.Currently there are 88,000 acres of agriculturally zoned land in Whatcom 24 County 25 26 11.The Agricultural Protection Overlay Soils are those soils determined to be 27 the best soils for farming. 28 29 12.Pursuant to Whatcom County Code (WCC) 20.90.050, as of March 11, 30 2009, Whatcom County Planning and Development Services has: 31 evaluated the proposed amendment in relationship to the goals, objectives 32 and policies of the Whatcom County Comprehensive Plan as authorized by 33 the Washington State Growth Management Act (GMA) - RCW 36.70A; and 34 considered possible environmental impacts that have been identified by 35 the lead agency designated SEPA official through the State Environmental 36 Policy Act (SEPA) threshold determination process. Page 3 337 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 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 Chair APPROVED AS TO F RM: „ Civil Deputy Prosecutor Page 4 (Current Chair's Name), Council WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved ( ) Denied Date Signed: I EXHIBIT A 2 3 4 20.38.040 Definitions. 5 For the purposes of the Agriculture Protection Overlay zone: 6 (1) A "parcel" is defined as a legal lot of record (WCC 20.83.060) or, if consolidation 7 has taken place pursuant to WCC 20.83.070, the entire area of the consolidated 8 lots. Parcel acreage shall include the area of adjoining road rights -of -way. For 9 properties within the jurisdiction of the Shoreline Management Program, submerged 10 lands and/or tidelands within the boundaries of any waterfront parcel that are 11 located waterward of the ordinary high water mark shall not be used in calculating 12 the parcel size. If a parcel is bisected by a public right-of-way, or a river, a pond, or 13 a lake as defined in the critical areas ordinance, and the resultant area is less than 14 20 acres, the provisions of this chapter do not apply to that portion. 15 (2) Agriculture protection overlay soils are those soils determined by Whatcom 16 County, in consultation with the Natural Resource Conservation Service and local 17 farmers, as being the best soils for farming. Each soil type named in the list below 18 also has a number. This number is used in the "Soil Survey of Whatcom County 19 Area, May 1992," to identify the mapping unit (soil type) in all text, maps and tables 20 contained in the soil survey. 21 Agriculture Protection Overlay Soils 22 No. Name 23 12 Birchbay Silt Loam - 0 to 3% slopes 24 13 Birchbay Silt Loam - 3 to 8% slopes 25 22 Briscot Silt Loam -Drained - 0 to 2% slopes 26 31 Clipper Silt Loam -Drained - 0 to 2% slopes 27 45 Edmonds-Woodlyn Loams-Drained - 0 to 2% slopes 28 53 Everson Silt Loam -Drained - 0 to 2% slopes 29 54 Fishtrap Muck -Drained - 0 to 2% slopes 30 62 Hale Silt Loam -Drained - 0 to 2% slopes 31 79 Kickerville Silt Loam - 0 to 3% slopes 32 80 Kickerville Silt Loam - 3 to 8% slopes 33 95 Larush Silt Loam - 0 to 3% slopes 34 96 Laxton Loam - 0 to 3% slopes 35 97 Laxton Loam - 3 to 8% slopes 36 99 Lynden Sandy Loam - 0 to 3% slopes 37 100 Lynden Sandy Loam - 3 to 7% slopes 38 107 Mt. Vernon Fine Sandy Loam - 0 to 2% slopes 39 115 Oridia Silt Loam -Drained - 0 to 2% slopes 40 116 Pangborn Muck -Drained - 0 to 2% slopes 4-1 123 Puget Silt Loam -Drained - 0 to 2% slopes Page 5 339 1 124 Puyallup Fine Sandy Loam - 0 to 2% slopes 2 139 Sehome Loam - 2 to 8% slopes 3 143 Shalcar Muck -Drained - 0 to 2% slopes 4 148 Skipopa Silt Loam - 0 to 8% slopes 5 151 Snohomish Silt Loam -Drained - 0 to 2% slopes 6 162 Sumas Silt Loam -Drained - 0 to 2% slopes 7 165 Tromp Loam - 0 to 2% slopes 8 178 Whatcom Silt Loam - 0 to 3% slopes 9 179 Whatcom Silt Loam - 3 to 8% slopes 10 184 Whitehorn Silt Loam - 0 to 2% slopes 11 186 Winston Silt Loam - 0 to 3% slopes 12 191 Yelm Loam - 3 to 8% slopes 13 (Ord. 2002-060 § 1, 2002; Ord. 2001-016 § 1, 2001; Ord. 2000-013 § 1, 2000; 14 Ord. 99-092, 1999; Ord. 98-083 Exh. A § 45, 1998. Formerly 20.38.050). 15 20.38.050 Applicability. 16 The provisions in this section apply to all rural lands designated R-SA or R-10A on 17 the official zoning map, (a) outside designated urban growth area boundaries, and 18 (b) held in parcels of 20 acres or larger, ineluding nominal 20 aeFe paF The 19 following parcels are exempt from the cluster subdivision requirements: 20 (1) Divisions of land into parcels of 40'acres or larger. 21 (2) A parcel satisfying both of the following criteria: 22 (a) The parcel includes less.than 50 percent agriculture protection overlay soils 23 (detailed site -specific soil mapping provided by a certified professional soil scientist 24 may be substituted for the USDA Soil Survey of Whatcom County mapping, if it can 25 be shown to be more accurate); and 26 (b) Less than 50 percent of the parcel has been designated as agricultural open 27 space for county property tax purposes within the past seven years. 28 (3) A parcel with land designated agriculture or forest in the Comprehensive Plan 29 located on less than 25 percent of the parcel perimeter, and surrounded on 75 30 percent or more of the parcel perimeter by any of the following: 31 (a) More intensive zoning districts, including residential, commercial, light industrial, 32 and heavy industrial districts; or 33 (b) Existing development patterns with residential densities greater than one unit 34 per two acres; or 35 (c) More intensive uses such as, but not limited to, schools, churches, rest homes 36 and other commercial uses. 37 (4) A parcel occupied by a use legally established prior to May 20, 1997, where the 38 use affects 50 percent or more of the area of the parcel in a manner that effectively 39 prevents that 50 percent or more from being used for agricultural purposes both for Page 6 340 I now and in the foreseeable future. For the purposes of this section, the presence of 2 forestlands and woodlands shall not be construed as a use or condition preventing 3 future use of property for agricultural purposes. Uses that effectively prevent future 4 agricultural use include but are not limited to those where costs to renovate the site 5 to achieve its former agricultural capabilities exceed the value of the land for 6 agricultural use. (Ord. 2002-060 § 1, 2002; Ord. 2001-016 § 1, 2001; Ord. 98-083 7 Exh. A § 45, 1998. Formerly 20.38.020). Page 7 341 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-018 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Council Originator: Wendy Wefer-Clinton I/7/2010 ^ � � � � D ((v" I/26/2010 Committee of the Whole `W","" Division Head.- Karen Goens V/� i� I/N010 JAN 19 2010 WHATCdtff�COUNTY C ®L! ! ���.UM L Dept Head: (/ t I j lb Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUAIENT. ATTACHMENTS: SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( )Fes ( X ) SEPA review completed? ( ) Yes (X ) NO NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Strategy planning discussion and positions to be taken regarding collective bargaining (per RCW 42.30.140(4)(a)). 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 County's website at: www.co.whatcomwauslcouncil. 342 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 78 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1 /19/2010 Division Head: Dept. Head. - Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Dock Tidelands Lease Status with the Lummi Nation 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.) Dock Tidelands Lease Status with the Lummi Nation COMMITTEEACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the CounLys website at. www.co.whatcom.wa.us/council. 343 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Special County Council December 8, 2009 Council Chair Seth Fleetwood called the meeting to order at 9:00 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Seth Fleetwood, L. Ward Nelson and Carl Weimer Absent: Barbara Brenner, Laurie Caskey-Schreiber Also Present: Sam Crawford PUBLIC HEARING 1. RESOLUTION APPROVING RECOMMENDATIONS ON SEVEN APPLICATIONS FOR CLASSIFICATION, RECLASSIFICATION, OR AMENDING EXISTING APPLICATIONS FOR OPEN SPACE CURRENT USE ASSESSMENTS FOR LANDS LOCATED WITHIN THE CITY OF BELLINGHAM (AB2009-455) (Clerk's Note: Pursuant to RCW 84.34.037(1), three members of the Whatcom County Council will hold a special public hearing and take action on this item.) Erin Osborn, Planning and Development Services Department, discussed the Revised Code of Washington (RCW) statute and this process. She submitted and read from a presentation (on file) and gave a staff report. The following people answered questions: • Tim Wahl, City of Bellingham Parks and Recreation Department, stated the City will assign this item to it's City Council Parks Committee, which will make a recommendation to the full City Council. • J. Bruce Smith, Clark Family Attorney, answered questions about developable home sites on the property. Discussion included how three councilmembers are authorized to make the decision on behalf of the Council; making a recommendation to the full Council; coordinating this decision with the City of Bellingham; how the definition of public access is interpreted; linking different properties through trails; available parking at Ludtke-Pacific Trucking location; determining the highest and best use of a property, and; development on the Clark family property. Nelson moved to make a condition to clarify specifically the parking location and access points for the Ludtke-Pacific Trucking application. Wahl stated the City plans to provide for access on the State Department of Natural Resources (DNR) property off the Mt. Baker Highway and possibly the western site. They would not put parking at this location. This corridor would be passive use and wildlife Special Whatcom County Council, 12/8/2009, Page 1 ;MA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. corridor, possibly wetland mitigation or boardwalk. That is a long-term plan. The City is 30 years away from it's Greenway program. This is about preserving the opportunity now. Nelson withdrew his motion. Fleetwood opened the public hearing on the Ludkte application and, hearing no one, closed the public hearing Nelson moved to approve the recommendation regarding the Ludtke-Pacific Trucking, Inc. application. The motion carried by the following vote: Ayes: Weimer, Fleetwood, and Nelson (3) Nays: None (0) Fleetwood opened the public hearing on the Ing application and, hearing no one, closed the public hearing. Weimer moved to approve the recommendation regarding the Ing application. The motion carried by the following vote: Ayes: Weimer, Fleetwood, and Nelson (3) Nays: None (0) Fleetwood opened the public hearing on the Ing/Alder application and, hearing no one, closed the public hearing. Nelson moved to approve the recommendation regarding the Ing/Alder application. The motion carried by the following vote: Ayes: Weimer, Fleetwood, and Nelson (3) Nays: None (0) Fleetwood opened the public hearing on the Harris application and, hearing no one, closed the public hearing. Weimer moved to approve the recommendation regarding the Harris application. The motion carried by the following vote: Ayes: Weimer, Fleetwood, and Nelson (3) Nays: None (0) Fleetwood opened the public hearing on the Clark Family application and the following person spoke: 3. Bruce Smith, Clark Family Attorney, submitted and read from a letter (on file). Hearing no one else, Fleetwood closed the public hearing. Special Whatcom County Council, 12/8/2009, Page 2 345 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Nelson moved to approve the recommendation regarding the Douglas and Margaret Clark Family LLC application. He asked how they changed the access points when there has been an agreement. He asked by what authority the City used to change the public access. Wahl stated the biggest problem was that the City didn't think through how to manage the issues. He described the trail. Smith stated the conservation easement didn't address public access. When the public access changed, no one thought formally about changing the open space agreement. Nelson asked if the land should still have public access technically. He asked how the original public access agreement occurred. Smith stated public access was originally granted in the 1977 open space agreement. The 1985 open space agreement amended that access. Weimer asked who has access to shorelines according to State law. Wahl stated that was a platted harbor area, so the Clarks own the tidelands. Nelson asked why they would allow only non -motorized watercraft. Olson stated they want to avoid noise from motorized boats. Fleetwood stated he is against the motion. This doesn't constitute meaningful public access. The amenities described will be preserved whether or not there is a public trail system. This is primarily an enforceability issue. The people who cause problems on the property are probably not aware there is an open space agreement, and the problems will continue. Nelson stated his problem with this application is that it doesn't provide meaningful public access. Kayakers are the only ones allowed. It limits the area to those who are physically able to get there. It's not a benefit. If they want to prevent access, just remove the area from open space. If they don't want the benefit and to control the land, they need to remove the open space designation. That's how it works. Otherwise, they must work with the City to provide controlled access. Weimer stated he would have liked to have a joint discussion with the City. He also has concerns about development near public access. However, the beach is a great place, and it is a benefit. He understands both views. Wahl stated the motorboat access is there now. The cove is a shoal area that a motorized boat can't go through. Olson stated that if the proposal isn't approved, it goes back to the 1985 agreement. When this was evaluated, they were give 25 percent marks out of 40 percent total for public access. There is a variety of different criteria used to evaluate the application. It's just one criteria. Weimer asked if the City and County will have to have a discussion if the City wants to approve this. Olson stated they will. The motion failed by the following vote: Ayes: Weimer, (1) Nays: Fleetwood, and Nelson (2) Special Whatcom County Council, 12/8/2009, Page 3 346 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Fleetwood opened the public hearing on the Bridgeview Ventures application, and the following person spoke: Fred Wagner, Bridgeview Ventures, stated the site is urban and adjacent to critical habitat. Development is currently restricted, but conditions can be amended or changed through a public process. It's also restricted by the City's wetland ordinance. They have no place to do anything with this property, and it's better served to be in the public realm. There is a deer trail through the property. The property is one -quarter of the entire site, with an assessment of approximately $70,000. Hearing no one else, Fleetwood closed the public hearing. Weimer moved to approve the recommendation regarding the Bridgeview Ventures, LLC application. He asked if any of it is jurisdiction of the City's shoreline master plan. He asked the criteria for being able to apply for this designation. Fleetwood stated a potential trail linkage is a huge public benefit. Nelson stated he disagrees. The trail already exists. Trail access exists. Wahl stated the trail is on the opposite side of the creek. This would be another trail. It would go along the north side of the creek, and tie together the businesses along that area. If there were access, there would be access to a place where one could cross the creek. This access would be closest to the Fairhaven business district. Nelson stated he's concerned about a trend of putting required buffers in open space. Restrictions could change, but the owner could also remove the property from the open space designation. There's no reason to change the taxation level. The motion failed by the following vote: Ayes: Fleetwood (1) Nays: Weimer and Nelson (2) Fleetwood opened the public hearing on the Nelson application and the following person spoke: Jeff Nelson, owner, stated the easement would be available for a minimum of 15 years. Crawford asked why they should provide yet more access to an already -developed trail system. Wahl stated this is to provide a trail to the loop around the developed trail. It's a different approach to Chuckanut Mountain. Nelson moved to approve the recommendation regarding the Nelson application. It's more appropriate for the urban area. Fleetwood asked how far into the property will the public access trail go. Wahl stated there will be public access just along the Nelson south boundary. The buffer is very valuable. There isn't a view of the entire property. The value is to the south side of the property. Special Whatcom County Council, 12/8/2009, Page 4 347 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 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Fleetwood stated he would like to see a trail to the portion of the field property surrounded by trees at the northwest corner of the property. Jeff Nelson stated he will provide access to the field and around the pond. Wahl stated this arrangement is a good deal for the public for 15 years. However, the public is not going to invest sums of money in temporary access arrangements. That's what happened also at Clark's Point. The City can't spend money on private property. These big ideas about public access are good, but there isn't a mechanism to support investment of public funds in these properties without a perpetual arrangement. The motion carried by the following vote: Ayes: Weimer, Fleetwood, and Nelson (3) Nays: None (0) Weimer suggested a staff update on the process and tax implication of these applications in the first quarter of 2010. ADJOURN The meeting adjourned at 10:50 a.m. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2010. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Chair Special Whatcom County Council, 12/8/2009, Page 5 Ml WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-320D CLEARANCES In ial Date Date Received in Council Office Agenda Date Assigned to: C. Anderson Originator: 1 D JAN 0 5 2010 1112110 Introduction Hearin_ K. Christensen Division Head: ' /6 �lV C� Z '� t7 �' 1126110 F. Abart Dept. Head: nr)"Ya O WHATCOM COUNTY COUNCIL D. Gibson Prosecutor: t I''� 22D B. Bennett Purchasing/Budget: P. Kremen Executive: TITLE OF DOCUMENT. Ordinance to Prohibit the Illegal and Illicit Discharge of Hazardous Materials and Non-Stormwater Run-off to the County's Municipal Separate Storm Sewer System (M54) ATTACHMENTS: 1. Memorandum 2. Ordinance 3. Exhibit A SEPA review required? ( X) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 1126110 SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The proposed ordinance establishes an Illicit Discharge, Detection, and Elimination program for Whatcom County. This proposed ordinance is to comply with Section S5.C3 of Western Washington Phase II Municipal Stormwater Permit which was issued to Whatcom County on January 17, 2007, in accordance with the State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (The Clean Water Act - Title 33 United States Code, Section 1251 et seq). Staff has addressed comments from the Washington State Department of Ecology and Whatcom County Planning and Development Services in preparing this ordinance. COMMITTEEACTION: COUNCIL ACTION: 1/12/2010: 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 County's website at: www.co.whatcom.wa.us/counciL i5M WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Phone # (360) 715-7450 RECeTt VEU DEC 2 3 2009 PETE KREMIEN COUNTY EXECUTIVE TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Directo /r/� ��I FROM: Jon Hutchings, Ph.D., Assistant Director 1 ' Kirk N. Christensen, P.E., Stormwater Manager Kfp- RE: Ordinance to Prohibit the Illegal and Illicit Discharge of Hazardous Materials and Non-Stormwater Run -Off to the County's Municipal Separate Storm Sewer System (MS4) DATE: December 15, 2009 Enclosed for your review and approval is an ordinance to prohibit the illegal and illicit discharge of hazardous materials and non-stormwater run-off to the County's Municipal Separate Storm Sewer System (MS4). ■ Background and Purpose The Western Washington Phase II Municipal Stormwater Permit, Section S5.C3, required permittees have an illicit discharge ordinance or other enforceable mechanism in place by August 16, 2009. Several procedural obstacles prevented the adoption of the permanent ordinance by that deadline, and Council adopted an interim ordinance in order to comply with the permit deadline. Staff has addressed comments from the Washington State Department of Ecology and Whatcom County Planning and Development Services in preparing this permanent ordinance. The proposed ordinance establishes an Illicit Discharge, Detection, and Elimination program for Whatcom County and will enable County compliance. This proposed ordinance complies with Section S5.C3 of Western Washington Phase II Municipal Stormwater Permit which was issued to Whatcom County on January 17, 2007, in accordance with the State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (The Clean Water Act - Title 33 United States Code, Section 1251 et seq.). Please contact Chip Anderson at extension 50694 if you have any questions regarding this ordinance. Enclosure 350 SPONSORED BY: PROPOSED BY: PUBLIC WORKS INTRODUCTION DATE: JANUARY 12, 2010 ORDINANCE NO. 2010- ORDINANCE TO PROHIBIT THE ILLEGAL AND ILLICT DISCHARGE OF HAZARDOUS MATERIALS AND NON-STORMWATER RUN-OFF TO THE COUNTY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) WHEREAS, in compliance with The State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (The Clean Water Act - Title 33 United States Code, Section 1251 et seq.), discharge of certain waters is prohibited; and WHEREAS, the Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit on January 17, 2007, and Whatcom County was granted coverage; and WHEREAS, Section S.5.C.3 of the Washington Phase II Municipal Stormwater Permit requires all permittees to adopt appropriate policies prohibiting illicit discharges and illegal dumping, and establishing enforcement mechanisms for those policies; and WHEREAS, the policy as proposed is in the best interest of public health and welfare; and WHEREAS, the Whatcom County SEPA official issued a Determination of Non -Significance on June 16, 2009, and a Public Hearing has been held as scheduled on January 26, 2010; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that an Ordinance to Prohibit Illicit Discharges to Municipal Separate Storm Sewer System is adopted as shown in Exhibit A. ADOPTED this day of 12010. ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Daniel L. Gibson Assistant Chief Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL, WHATCOM COUNTY, WASHINGTON , Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: 351 Exhibit A 16.36.010 Authority. This chapter is adopted under the authority of the police power granted to political subdivisions of the state by Article XI, Section 11 of the Washington State Constitution. 16.36.020 Purpose and Intent A. The purpose of this ordinance is to comply with provisions of The State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (also known as The Clean Water Act, Title 33 United States Code, Section 1251 et seq.) Discharging certain substances to the County Municipal Separate Storm Sewage System (MS4) is prohibited. B. By prohibiting illicit discharges to the County's stormwater collection system, this ordinance seeks to: 1. Protect vital drinking water, sensitive habitats, and recreational resources within Whatcom County. 2. Minimize unnecessary maintenance of public facilities. 3. Prevent adverse, cumulative and avoidable environmental impacts. 4. Coordinate Whatcom County's Illicit Discharge Detection and Elimination activities and programs with those of other jurisdictions. 16.36.030 Applicability. This chapter applies to the unincorporated areas of Whatcom County within the Department of Ecology's designated Western Washington Phase II Municipal Stormwater Permit area and the Lake Whatcom watershed as defined by the Surface Water Delineation Boundaries in Water Resource Inventory Areas (WRIA) 1. 16.36.040 Definitions. A. Clean Water Act — The Federal Water Pollution Control Act (33 United States Code, Section 1251 et seq.) and any subsequent amendments thereto. B. Ground Water — Water in a saturated zone or stratum beneath the surface of the land or below a surface water body. C. Hyperchlorinated — water that contains more than 10 mg/I or parts per million (ppm) of chlorine. D. Illicit Connection — Any connection to a Municipal Separate Storm Sewer System (MS4) that allows prohibited or not approved conditional discharges. E. Illicit Discharge — Any direct or indirect non-stormwater discharge to the County's Municipal Separate Storm Sewage System, except as expressly exempted by this chapter. F. Illicit Discharge Detection and Elimination (IDD&E) Program — A program of investigation, education, and enforcement to eliminate illicit connections and discharges. G. Municipal Separate Storm Sewer System (MS4) — A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs gutters, ditches, man-made channels, or storm drains). H. National Pollution Discharge Elimination System (NPDES) Stormwater Discharge Permit — A permit issued by the Department of Ecology under the authority delegated pursuant to the Clean Water Act. 352 Exhibit A I. Non-stormwater Discharge — Any discharge to the MS4 that is not composed entirely of stormwater. Pollutant — Contamination, or other alteration of the physical, chemical or biological properties, of any surface water or groundwater, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. K. Stormwater — Runoff during and following precipitation and snowmelt events, including surface runoff and drainage. 16.36.050 Administrative Provisions A. The administrative portions of this ordinance shall be overseen by the Director of Public Works or his/her designee. The enforcement provisions of this ordinance shall be overseen by the Director of Planning and Development Services pursuant to Whatcom County Code 2.32.030, the Director of the Department of Health pursuant to Whatcom County Code, Title 8 (Health and Safety) and Title 24 (Health Code), and the County Sheriff, or their respective designees. B. This ordinance is adopted under the authority of The State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (also known as The Clean Water Act, Title 33 United States Code, Section 1251 et seq.). C. Prohibited Discharges. No person or entity or others under their control shall throw, drain, or otherwise discharge a pollutant to the County's MS4 and/or surface and ground waters. D. Conditional discharges. The following types of discharges shall not be considered illegal discharges if they meet the stated conditions, unless the Director of Public Works or his/her designee determines that the type of discharge, whether singly or in combination with others, is causing, or is likely to cause pollution of surface water or groundwater. 1. Discharges from potable water sources, including water line flushing, hyper -chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de -chlorinated to a concentration of 0.1 part per million (ppm) or less, pH - adjusted if necessary, and volumetrically and velocity controlled to prevent re -suspension of sediments in the MS4. 2. Discharges from lawn watering and other irrigation runoff. These shall be minimized through, at a minimum, public education activities and water conservation efforts. 3. De -chlorinated swimming pool and spa discharges. The discharges shall be de -chlorinated to a concentration of 0.1 ppm or less, pH -adjusted and re -oxygenated if necessary, volumetrically and velocity controlled to prevent re -suspension of sediments in the MS4. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4. 4. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. The County will reduce these discharges through, at a minimum, public education activities (see Section S5.C.1. of The Western Washington Phase II Municipal Stormwater Permitf and/or water conservation efforts. To avoid washing pollutants into the MS4, contractors must minimize the amount of street wash and dust control water used. At active construction sites, street sweeping must be performed prior to washing the street. 5. Other non-stormwater discharges. The discharges shall be in compliance with the requirements of the stormwater pollution prevention plan reviewed by the County, which addresses control of construction site de -watering discharges. 353 Exhibit A E. Permissible discharges: 1. Diverted stream flows; 2. Rising ground waters; 3. Uncontaminated ground water infiltration (as defined at 40 Code of Federal Regulations 35.2005(20)); 4. Uncontaminated pumped ground water; 5. Foundation and roof drains; 6. Air conditioning condensation; 7. Irrigation water from agricultural sources that is commingled with urban stormwater; 8. Springs; 9. Water from crawl space pumps; 10. Footing drains; 11. Flows from riparian habitats and wetlands; 12. Non-stormwater discharges covered by another NPDES permit; 13. Discharges from emergency fire fighting activities in accordance with Authorized Discharges (Section S2 of The Western Washington Phase II Municipal Stormwater Permit); F. Prohibition of Illicit Connections. Any connection to the County's MS4 that allows prohibited or not approved conditional discharges is prohibited. This prohibition includes the following activities: 1. Construction, use, maintenance, or continued existence of illicit connections to the County's MS4. -2. Without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 16.36.060 Penalties and enforcement. A. Any person who violates any of the provisions of this chapter shall be guilty of a civil offense and may be fined a sum not to exceed $1,000 for each offense. After a notice of violation has been given, each day of site work in conjunction with the notice of violation shall constitute a separate offense. B. The penalty provided in subsection A of this section shall be assessed and may be imposed by a notice in writing either by certified mail with return receipt requested or by personal service to the person incurring the same. The notice shall include the amount of the penalty imposed and shall describe the violation with reasonable particularity. In appropriate cases, corrective action shall be taken within a specific and reasonable time. C. Within 30 calendar days after the notice is received, the person incurring the penalty may apply in writing to the county for remission or mitigation of such penalty. Upon receipt of the application, the county may remit or mitigate the penalty upon whatever terms the county in its discretion deems proper. The county's final decision on mitigation or revision shall be reviewed by the hearing examiner if the aggrieved party files a written appeal therewith of said decision within 10 calendar days of its issuance. 354 Exhibit A D. If work activity has occurred on a site in violation of this chapter, prompt corrective action, restoration or mitigation of the site will be required when appropriate. If this provision is not complied with, the county may restore or mitigate the site and charge the responsible person for the full cost of such an activity. Additionally, any and all permits or approvals issued by the county may be denied for that site for a period of up to six years. E. In the event any person violates any of the provisions of this chapter, the county may issue a correction notice to be delivered to the owner or operator, or to be conspicuously posted at the site. In a nonemergency situation, such notice may include notice of the intent to issue a stop work order no less than 10 calendar days following the receipt of the correction notice, and provide for an administrative predeprivation hearing within 10 calendar days of the notice. In an emergency situation where there is a significant threat to public safety or the environment, the county may issue a stop work order. The stop work order shall include, in writing, the right to request an administrative predeprivation hearing within 72 hours following receipt of the stop work order. Failure to comply with the order to stop work shall be a gross misdemeanor punishable upon conviction by a minimum fine of $500,00 up to a maximum fine of $1,000 or one year in jail, or both. Under no circumstance may the court defer or suspend any portion of the minimum $500.00 fine for any conviction under this section. Each day or part thereof of noncompliance with said order to stop work shall constitute a separate offense. F. The county may suspend or revoke a permit if the applicant violates the conditions or limitations. set forth in the permit or exceeds the scope of the work set forth in the permit. G. The prosecuting attorney may enforce compliance with this chapter by such injunctive, declaratory or other actions as deemed necessary to ensure that violations are prevented, ceased, or abated. H. Any person who, through an act of commission or omission, procures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty. 16.36.070 Applicability and severability. This ordinance shall be consistently applied to the unincorporated areas of Whatcom County within the Department of Ecology's designated Western Washington Phase II Municipal Stormwater Permit area, and the Lake Whatcom watershed as defined by the Surface Water Delineation Boundaries in Water Resource Inventory Areas (WRIA) 1. Should any section or provision of this Ordinance be declared invalid, such decision shall not affect the validity of this Ordinance as a whole. 355 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-046 CLEARANCES Initial Date Date Received in Council Office Agenda Date Ass i ned to: Originator: Cathy Craver I ),409 1/12/10 j� C E ��% � V' E D (Introduction) Division Head. 1126110 Public Hearing/ Oliver Grah Ix .3 JAN 0 5 2010 Council Dept. Head: David Stalheim �5• WHATCOM COUNTY Prosecutor: COUNCIL Royce Buckingham Purchasing/Budget: Brad Bennett Executive: Pete Kremen TITLE OF DOCUMENT. - AMENDING THE WHATCOM COUNTY CODE TITLE 20, SECTIONS 20.80.630 STORMWA TER AND DRAINAGE, 20.80.734 GENERAL REVIEW THRESHOLDS, AND 20.04.076 NATIONAL POLLUTION DISCHARGE AND ELIMINATION SYSTEM (NPDES) PHASE II AREA BOUNDARY ATTACHMENTS.- Memo,ordinance SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? (X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 1126110 SUMIVIARYSTATEMENT 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 Whatcom County Code Title 20 sections 20.80.636, 20.80.734, and 20.04.076 regarding stormwater management requirements, general review thresholds, and NPDES Phase II boundaries as set forth in the Western Washington Phase II Municipal Stormwater Permit for Whatcom Count. COMMITTEEACTION, COUNCIL ACTION. 1/12/2010: 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 County's website at: www.co.whatcom.wa.us/council. 356 WHATCOM COUNTY Planning & Development Services��"� 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907 TTY 800-833-6384 360-738-2525 Fax M E M O R A N D U M TO: Whatcom County Council THROUGH: David Stalheim, Director Oliver Grah, Natural Resources Manager 63 FROM: Cathy Craver, Planner II % DATE: December 28, 2009 David Stalheim Director J.E. ""Sam" Ryan Assistant Director RECEIVED DEC 2 9 2009 PETE KREMEN COUNTY EXECUTIVE SUBJECT: Requirements for the Western Washington Phase II Municipal Stormwater Permit Whatcom County Public Works Stormwater Division has applied for a Title 20 zoning text amendment to adopt and implement specific regulations regarding stormwater as stated in the Western Washington Phase II Municipal Stormwater Permit by February 16, 2010. The proposed regulations are specific requirements of the permit. Planning and Development Services staff has processed the application, brought forth the proposed changes to the Planning Commission on December 10, 2009 for a public hearing, and is proposing to amend the Whatcom County Code to incorporate the proposed regulations regarding Stormwater and Drainage (WCC 20.80.630), General Review Thresholds (WCC 20.80.734), and the delineation of the National Pollutant Discharge Elimination System boundary (WCC 20.04.076). Completion of these zoning text amendments would achieve compliance with requirements set forth in Section S5.C4.4 of the Western Washington Phase II Municipal Stormwater Permit, provisions of "The State of Washington Water Pollution Control Act" Chapter 90.48 Revised Code of Washington and "The Federal Water Pollution Control Act (Clean Water Act)" Title 33 United States Code, Section 1251 et seq. The proposal is also consistent with the Growth Management Act, Whatcom County Comprehensive Plan Goals and Policies, and County -wide Planning Policies. I:\Planning Division\Long Range Planning\NPDES Phase II\Council Memo.doc Rev July 2008 357 1 2 3 4 5 6 7 8 9 10 11 12 13 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. AMENDING THE WHATCOM COUNTY CODE TITLE 20, SECTIONS 20.80.630 STORMWATER AND DRAINAGE, 20.80.734 GENERAL REVIEW THRESHOLDS, AND 20.04A76 NATIONAL POLLUTION DISCHARGE AND ELIMINATION SYSTEM (NPDES) PHASE II AREA BOUNDARY 14 WHEREAS, in compliance with The State of Washington Water Pollution Control 15 Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act. (also known as 16 The Clean Water Act, Title 33 United States Code, Section 1251 et seq.),discharging 17 certain materials to Municipal Separate Storm Sewer Systems is prohibited; and 18 WHEREAS, the Washington State Department of Ecology issued the Western 19 Washington Phase II Municipal Stormwater. Permit on January 17, 2007, and Whatcom 20 County was granted coverage; and 21 WHEREAS, Section S.5.C.4 of the Washington Phase II Municipal Stormwater 22 Permit requires all permittees to adopt appropriate ordinances and policis for 23 controlling runoff for new development, redevelopment and construction site$ and 24 WHEREAS, Whatcom County is required to have the proposed regulations 25 adopted by February 16, 2010; and 26 WHEREAS, the Whatcom County SEPA official issued a Determination of Non- 27 Significance on September 21, 2009; and 28 29 WHEREAS, notice of the subject amendment was sent to the Department of 30 Community, Trade, and Economic Development (CTED) and other agencies on September 31 15, 2009; and 32 33 WHEREAS, The Whatcom County Planning Commission held a public hearing on 34 this issue on December 10, 2009; and 35 36 WHEREAS, RCW 36.70.795 requires the adoption of Findings of Fact to justify 37 Council action, the Council makes the following Finding of Facts: 38 39 1. Notice of the subject amendment was sent to the Department of Community Trade 40 and Economic Development (CTED) and other State agencies on September 15, 41 2009. 42 43 2. A determination of non -significance (DNS) was issued under the State 44 Environmental Policy Act (SEPA) on September 21, 2009 for the subject Page 1 W-61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 amendment. 3. Notification of a public meeting regarding the proposed Western Washington Phase II Municipal Stormwater Permit requirements was distributed to various Whatcom County media. 4. A public meeting regarding the proposed Western Washington Phase II Municipal Stormwater Permit requirements was held on October 28, 2009. 5. Notice of the Planning Commission hearing on the subject text amendment was published in the Bellingham Herald on November 29, 2009. 6. The Planning Commission held a public hearing on the subject text amendment on December 10, 2009. 7. The Western Washington Phase II Municipal Stormwater, Permit was issued to Whatcom County on January 12, 2007, with an effective date of February 16, 2007. 8. The Western Washington Phase II Municipal Stormwater Permit requires the implementation of minimum performance measures to address controlling runoff from new development, redevelopment, and construction sites. 9. The Western Washington Phase II Municipal Stormwater Permit requires the adoption of regulations to address controlling runoff from new development, redevelopment, and construction sites by February 2010. 10. Policy 11F-4 of the Whatcom County Comprehensive Plan states to support the completion and implementation of local/state Watershed Action Plans, the Lake Whatcom Management Program, NPDES Phase II Permitting, and the WRIA Watershed Management Projects as some of the means of addressing non -point source pollution. 11. GOAL 11G of the Whatcom County Comprehensive Plan states to protect water resources and natural drainage systems by controlling the quality and quantity of stormwater runoff. 12. Policy 11G-9 of the Whatcom County Comprehensive Plan states to develop and administer stormwater management standards as required by the NPDES Phase II Permit. 13. Action Item 30 from the Environment Chapter of the Whatcom County Comprehensive Plan states to develop a comprehensive stormwater management program designed to manage runoff from public facilities and industrial, commercial, and urban residential areas including streets and roads in compliance with NPDES requirements. Each component of the program shall cover both new and existing developments. Emphasis should be placed on controlling stormwater through source controls and Best Management Practices. Page 2 359 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 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Title 20 is hereby amended as indicated in Exhibits A of this ordinance. ADOPTED this day of , 200_. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASH:NGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM Civil Deputy Prosecutor Page 3 Seth Fleetwood, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved ( ) Denied Date 360 Exhibit A 20.80.630 Stormwater and drainage. (1) All development activity within Whatcom County shall be subject to the stormwater management provisions of the Whatcom County Development Standards or the provision addressed herein, as applicable unless specifically exempted. (2) No project permit shall be issued prior to meeting the stormwater requirements of this chapter and/or Chapter 2 of the Whatcom County Development Standards. Advisory Note: Certain stormwater discharges to natural receiving waters are subject to State Water Quality Standards and the requirements of the National Pollutant Discharge Elimination System (NPDES). Hydraulic Project Approval (HPA) may also be required if stormwater is discharged to a water body or stream that provides, or could provide, habitat for fish. (3) Unless other County stormwater management provisions are more restrictive all development activity within NPDES Phase II area boundaries, as delineated at the time that the county determines that the development application is complete, shall comply with the most current editions of: • The Washington State Department of Ecology Stormwater Management Manual for Western Washington and, • Appendix 1, Minimum Technical Requirements for new development and redevelopment, of the Western Washington Phase II Municipal Stormwater Permit and • Appendix 7 "Determining Construction Site Sediment Damage Potential" of the Western Washington Phase II Municipal Stormwater Permit. (Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 96-056 Aft. A §§ A2, S9, 1996; Ord. 94-022, 1994). Page 1 of 4 361 Exhibit A 20.80.631 Exemptions. (1) Agricultural activities as defined in this title, and forest practices regulated under WAC Title 222, except for Class IV -General forest practices and nonconversion forest practices with approved conversion option harvest plans. (2) Development undertaken by the Washington State Department of Transportation in state highway right-of-way when regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. (Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 94-022, 1994). 20.80.734 General review thresholds. County review and approval shall be required prior to a clearing activity when any of the following land clearing thresholds have been reached. If the clearing activity does not meet the threshold criteria, county review is not required. However, the owner is still subject to, and must comply with, the minimum requirements established in this chapter and in the Whatcom County Development Standards. Review thresholds and additional requirements for water resource special management areas are located in WCC 20.80.735. (1) Five Thousand Square Foot Threshold on 30 Percent Slopes. The county shall review all proposed clearing activities when a cumulative area of 5,000 square feet or greater of clearing activity is proposed to take place on slopes 30 percent or greater in gradient. (2) One Acre Threshold in Urban Residential, Commercial, atW-Rural Residential Zoning Districts and Rural and Industrial Zoning Districts within the NPDES Phase II area boundary. The county shall review all proposed clearing activities which are one acre or greater, including projects less than one acre that are part of a larger Page 2of4 362 Exhibit A common plan of the development, in the following Zoning Districts where the slope is less than 30 percent in gradient: Urban Residential Commercial Rural Residential Rural within the NPDES Phase II area boundaries, as delineated at the time that the county determines that the development application is complete, Industrial within the NPDES Phase II area boundaries as delineated at the time that the county determines that the development application is complete, when the aGtiyities aFe proposed te take plaGe Urban Residential, GernmeMial OF Rural Residential Zoning Dos is andtheslope " less than 30 peFGencaon gradient. (3) Two Acre Threshold in Rural Zoning Districts outside NPDES Phase II area boundaries. The county shall review all proposed clearing activities which are two acres or greater when the activities are proposed to take place in Rural Zoning Districts outside NPDES Phase II area boundaries and the slope is less than 30 percent in gradient. (4) Critical Areas and Associated Areas. The County shall review all Any clearing activityies within a critical area or critical area buffer, and all OF clearing activity greater than 500 square feet within 200 feet of a waterbody regulated under WCC Title 23, or within 200 feet of a wetland, habitat conservation area (HCA), frequently flooded area, or geological hazard regulated under WCC Title 16. (5) Conversion from forest use. The County shall review all Any clearing activityies that meets the definition of a conversion from a forest use to another land use pursuant to WCC 20.97.085. (Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002- 075, 2002; Ord. 2002-034, 2002) Page 3of4 363 Exhibit A 20.04.076 National Pollution Discharge and Elimination System (NPDES) Phase II Area Boundary Where provisions of this title refer to NPDES Phase II area boundaries, the location and extent of such boundaries shall include urbanized areas determined by the latest decennial census conducted by the U.S. Bureau of Census, or designated by the Department of Ecology pursuant to 40 CFR 123.35(b) or 40 CFR 122.26(f), and Bellingham and Ferndale urban growth areas as defined in the Whatcom County Comprehensive Plan (UGA Map #1 & 4), as referenced in the Western Washington Phase II Municipal Stormwater Permit. The county shall update the maps on a regular and consistent basis as new information becomes available. Page 4of4 364 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-050 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: U u �C E C 2 V r D 1/12/10 Introduction Hearing Division Head: 1 /26/ 10 Dept. Head:m[D Prosecutor: � �� • � %' Q � JAN G 5 2010 Purchasing/Budget: WHATCOM COUNTY Executive: -S �p TITLE OF DOCUMENT: PDS was recently audited in accordance to Senate Bill 5120. A public hearing is required on the results and recommendations of the Performance Audit Report dealing with building and inspection fees. ATTACHMENTS: Performance Audit Report No 1002634, including appendices WSAC comments SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date:January 26, 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.) The State Auditors office requires a public hearing on the results of the Performance Audit Report within 30 days from publication -December 29, 2009. This public hearing is in response to the legal requirements outlined in the report. COMMITTEE ACTION: COUNCIL ACTION: 1/12/2010: 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 365 WHATCOM COUNTY Planning & Development Services 3a,COM C,& 5280 Northwest Drive a Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 �43hjry6S0 360-738-2525 Fax TO: FROM: DATE: SUBJECT: M E M O R A N D U M Whatcom County Council J.E. "Sam" Ryan, CBO VK 12/31/09 David Stalheim Director J.E. "Sam" Ryan Assistant Director RECEIVED OR 31 2009 PETE KREMEN COUNTY EXECUTIVE Washington State Auditors Performance Audit Report In 2009 the Legislature passed Senate Bill 5120. Section 1 states "The legislature finds that permit and inspection fees for new agricultural structures should not exceed the direct and indirect costs associated with reviewing permit applications, conducting inspections, and preparing specific environmental documents." In response to the bill the Washington State Auditors office performed an audit of eight counties including Whatcom County. The audit primarily focused on Building Services revenue and expenditures. The Washington State Association of Counties has compiled a response to the audit performed. The response includes key issues with the report and specific comments on the content. The State Auditors office requires a public hearing on the results of the audit within 30 days of the publication (December 29, 2009). I:\1 Forms\Letterhead\Memo form with logo.doc Rev July 2008 366 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 5280 Northwest Drive, Suite B s{ Bellingham, WA 98226-9097 360-676-6907, 360-380-8100 360-738-2525 Fax MEMORANDUM TO: Pete Kremen, County Executive Whatcom County Council FROM: David Stalheim, Director DATE: January 14, 2010 RE: Building Permit and Inspection Fee Audit DAVID STALHEIM Director J.E. "SAM" RYAN Assistant Director The 2009 Legislature passed Senate Bill 5120, requiring the Auditor's Office to conduct an independent performance audit of eight counties to determine whether permit and inspection fees for agricultural, environmental and other structures exceed the costs associated with the review and inspection. Whatcom County was one of the eight counties that was selected for this audit. On December 29, 2009, the Washington State Auditor released an audit of eight counties' building permit and inspection fees. The Auditor released the draft audit to Whatcom County on December 17, 2009. Management within the department was not available to review and respond adequately to the audit due to holiday vacations and family issues. While we embrace and are challenged by the recommendations in the audit, the audit does not provide an adequate picture of the expenses and costs of permitting within Whatcom County. This more detailed response will assist the Executive and Council in reviewing the next steps of this process. Council Responsibility: Initiative 900 requires the legislative bodies for the audited agencies hold at least one public hearing to consider the audit findings and to receive comments from the public within 30 days of this report's issue. A public hearing has been scheduled for January 26, 2010 to receive public input on the audit. The initiative requires the legislative body (county council) to consider the audit report in connection with its spending practices. A report must be submitted by the legislative body by July 1 each year detailing the status of the legislative implementation of the State Auditor's recommendations. Justification must be provided for recommendations not implemented. Details of other corrective action must be provided as well. Administration Responsibility: The Department will submit recommendations for Council consideration by July I". These responses will focus on the two recommendations within the audit report: 1) cost allocations and 2) permit fees. Page 1 of 4 367 Permit Costs versus Revenue: It needs to be clear that the audit focused on only one component of the department: building permits. As the Council is well aware of, the department does not make money, but requires support from the General Fund. Even with a reduction of 16 authorized positions from two years ago, the department is still budgeted to receive approximately $2.3 million in general fund subsidy in 2010. This is down from nearly $4 million in each of the past three years. A portion of the general fund support for the department is used for long range planning, code enforcement and other administrative functions. The following graph identifies the general fund subsidy for the permit functions of the department, versus long range planning and other administrative functions. Code enforcement expenses are partially included in the permit expenses and subsidy as code enforcement is integral to permit requirements. While the headlines of the audit appear to indicate that Whatcom County is making money on building permits, which we will refute in the next section, the fact is that the permit fees are not covering the expenses of the overall planning and building pennit activity in the department and are subsidized by the general fund. Page 2 of 4 Cost Allocation (Audit Recommendation No. 15): "Whatcom County should irnplernent Its depaartmental cost allocation plan to accurately identify and allocate indirect County and departmental charges " The audit focused solely on building permit expenses and building permit revenue. The audit failed to include the costs associated with reviewing building permits for compliance with critical area regulations (state law) and watershed inspections (federal, state and local law). For example, a building permit in the Lake Whatcom watershed with critical areas on site, requires the review of the permit and site inspections by natural resource staff. A review of the department's time tracking of natural resources staff indicate that a staff person spends approximately 30% of their time reviewing and inspecting building pen -nits. This expense was not included in the audit report. If this expense were included in the audit, approximately $172,000 of additional expenses not covered by natural resource permit fees would be attributed to building permit review. A comparison of the two is shown below, using 2010 budget projections: Audit Approach PDS Approach Building Expenses 1,660,124 1,660,124 Overhead 696,541 696,541 Natural Resources ... -................................................. - .._-- ---............................. 172,000 ---------------------------------- TOTALS 2,356,666 2,528,666 less revenue (2,183,000) (2,183,000) Balance (173,666) (345,666) The Audit recommendation is to implement a "departmental cost allocation plan to accurately identify and allocate indirect County and departmental charges." While we don't agree with their initial conclusion that the building services division is making money on the permits, we do agree that a cost allocation plan should be set and intend to follow through on this recommendation. Our initial proposal would include: 0 Identify and allocate natural resources staff time spent on building permit activity not covered by other fee sources and allocate accordingly. 0 Identify percent of fire building permit related revenue and expenditures. 0 Identify building permit related compliance expenditures, versus zoning or natural resource compliance efforts. 0 Identify county and other overhead charges and allocate accordingly. Page 3 of 4 Me Determining Building Permit Fee Schedules (Audit Recommendation #16): Whratcom County should adjust its permit fee schedule to cover only allowable permit -related actin ities. The audit conclusions regarding the permit fee schedule were based on their determination that the building division was taking in more revenue than expenses for building permit related activity. As shown on the previous page, the department does not believe this is the case, and in fact, anticipates that 2010 will show that the general funds will likely subsidize building permit related activity once again. As pointed out by other county and association responses to the audit, there are serious challenges to running a fee based building permit approach on an annual basis. Several departments throughout the state operate a separate enterprise fund without any general fund support, or minimal support. A separate enterprise fund normally includes a balance to ensure that there is a minimum monthly cash flow and that building revenues from busier years help cover program shortfalls during slower years. To continuously adjust expenses to revenue means the potential to lay staff off, rehire and retrain, lay off, and repeat again. It is important that a longer term approach be used to account for permit revenue. The audit recognizes these issues in providing a recommendation (page 19) that the legislature develop legislation that allows for working capital from surplus building permit revenue. The second challenge with reviewing permit fee revenue versus expenses on an annual basis is that permits are "pre -paid" in advance of the expense. For example, a building permit obtained in December 2009 pays their fees in 2009, but all of the inspections occur- in 2010. In some cases, permits can stretch over years and the fee revenue does not track to the expense. A quick review of active building permits shows that the county has 70 active building permits from 1997 to 2008, and another 40 permits in 2009. All fees for these permits have already been received, but the expenses to provide services continue for Whatcom County. This issue is even more significant with land use permits in the department, where land use permits from the 1980s and 1990s are still considered active and new fees are not charged for review of those permits. The department believes that the overall building permit fee schedule is on track with the expenses. Additional review of those fees is warranted, and consideration should be given to some incentives in the fee schedule. Our initial thoughts include: 0 Holding off on building permit fee changes until a cost allocation and permit fee strategy is completed and reviewed by Executive and County Council. 0 Track actual time and expenses on some sample permits to ascertain actual costs.. 0 Research potential incentives for sustainable/green building. 0 Implement a fast track, over the counter permit process in 2010. We look forward to hearing public input on the audit and our response. Page 4 of 4 370 Eight Counties' Building Permit and Inspection Fees Clark, Klickitat, Pacific, Pend Oreille, Skamania, Walla Walla, Whatcom, Yakima Report No.1002634 December 29, 2009 Washington State Auditor Brian Sonntag, CGFM www.sao.wa.gov 371 Brian Sonntag, CGFM State Auditor n accordance with Senate Bill 5120, the State Auditor's Office conducted this performance audit of eight counties' building and inspection permit fees and the process they use to set the fees. This bill was passed by the 2009 Legislature and took effect in July 2009. We completed the fieldwork and issued the report between August 2009 and December 2009. The bill requires that we establish and select members of a temporary advisory committee to review the statewide guidance we recommend in the audit. I would like to thank the committee members for sharing their experience and expertise with us to help us make sound recommendations that can be followed by the eight counties involved in the audit and by all counties, cities, and towns in the state. I would also like to thank the eight counties that participated in the audit for sharing their processes and experiences. This work enabled us to identify guidance that counties, cities, and towns across the state can use to set fees that comply with state law. In addition, we identified changes to state law the Legislature can make to help these counties, cities, and towns successful in their efforts. The public hearings to this audit will be posted on our Web site at www.sao.wa.gov. Please check the Web site if you are interested in the outcome of this audit. outcome of this audit. Mission Statement y ti The State Auditor's Office independently serves the citizens of Washington by promoting accountability, fiscal integrity and openness instate and local government Working with these governments and with citizens, we strive to ensure the efficient and effective use of public resources. 372 Introduction The 2009 Legislature passed Senate Bill 5120, requiring the Washington State Auditor's Office to conduct an independent performance audit of eight counties to determine the reasonableness of building and inspection fees. We contracted with Talbot, Korvola & Warwick, LLP to conduct the performance audit. About Senate Bill 5120 Senate Bill 5120, effective July 26, 2009, and other state law requires permit and inspection fees for agricultural and other structures to not exceed the costs associated with reviewing permit applications, conducting inspections and preparing specific environmental documents. It further states that permitting fees only cover the costs to counties, cities, and towns of processing applications, inspecting and preparing detailed statements. Some county responses indicate our audit should have focused exclusively on agricultural building permits. However, the bill requires the State Auditor's Office to review the reasonableness of building permit and inspection fees permitted under Chapter 82.02.020 RCW, which refers to all building permits. Therefore, we reviewed all building permit types in this audit. Although the bill required us to consider different guidance for big versus small counties, cities and towns, state law requires all counties to establish cost -based fees. Therefore, our guidance applies to counties, cities and towns of all sizes. The bill also requires the State Auditor to conduct a performance audit of the reasonableness of building and inspection fees that are imposed by eight counties: • Four counties located west of the Cascade mountain range. • Four counties located east of the Cascade mountain range. The bill further specifies that the counties included in the audit must represent a diversity of agricultural economies. The State Auditor's Office selected the following counties: • Clark County Skamania County • Klickitat County Walla Walla County • Pacific County Whatcom County • Pend Oreille County • Yakima County Advisory Committee The legislation required the State Auditor's Office to establish a temporary advisory committee and appoint the members. Members include representatives of county and city government, the Washington Dairy Federation, Washington Fryer Commission, Washington Farm Bureau, Washington Association of Building Officials, Washington State Association of Counties and the Washington State Department of Commerce's State Building Code Council. The committee advised the State Auditor's Office in the developing guidance for determining allowable costs and methodologies for allocating them to the permitting program and in developing usable recommendations. 3 373 Objectives About Initiative 900 To meet the requirements of the legislation, the State Auditor's Office developed the Washington voters approved following audit objectives: Initiative 900 in November • Determine whether eight counties' agricultural, residential and commercial 2005, giving the State Auditor's Office the authority permitting application fees are limited to what is necessary to cover direct and to conduct independent indirect costs associated with permitting. performance audits of state • Identify the methods used by each county to calculate agricultural, residential, and local government entities and commercial permit fees and how those methods match up with direction on behalf of citizens to provided by state law (Chapter 82.02.020 RCW and Chapter 19.27.01 S RCW). promote accountability and cost-effective uses of public • Assess whether the methods ensure fees are no greater than what is necessary resources. to pay the direct and indirect costs of permitting. Identify uniform guidance to help counties determine allowable costs and how to allocate them to the 1-900 directs us to address the building permit program. following elements in each performance audit: Scope Identification of cost savings. We conducted the audit from August 2009 through November 2009 in accordance Identification of services with generally accepted government auditing standards. These standards require that can be reduced or that the audit be planned and performed to provide reasonable assurance that eliminated. evidence is sufficient and appropriate to support our findings and conclusions. Identification of programs or services that can be transferred to the private We analyzed and reviewed data for 2006 through 2008 and 2009, as available. We sector. interviewed various employees in each county's building divisions as well as other Analysis of gaps or overlaps appropriate county employees. To better understand permitting, inspection and in programs or services plan review practices, we visited each county and observed operations. After our " and recommendations to preliminary review and analysis of information, we provided all initial findings to the correct them. appropriate county employees and finalized our findings and conclusions based on Feasibility of pooling specific feedback. All information contained within the report was reviewed with auditee's information technology systems. county employees for accuracy and reasonableness. • Analysis of the roles and functions of the auditee For purposes of this performance audit, agricultural, residential and commercial and recommendations to building permitting includes activities related to residential code, fire, plumbing and change or eliminate roles or mechanical codes, as well as the state energy and handicap access codes through functions. both building/plan review and on -site inspections conducted during construction. Recommendations for statutory or regulatory In addition, we included the nine elements of Initiative 900, which are outlined in the changes that may be necessary for the auditee sidebar to the right. to properly carry out its functions. The audit cost as of November 20, 3009 was approximately $250,000. Analysis of the auditees performance data, performance measures and self -assessment systems. • Identification of best practices. Initiative 900 provides no penalties for auditees that do I not follow recommendations I in performance audit reports. The complete text of the Initiative is available on our Web site. 4 374 We found several themes among the eight counties: • State law requires counties to set permit fees to recover only the costs of administering the program. Achieving this objective will require counties to adopt cost -recovery methods for fee setting. The eight counties use varying approaches to set building permit fees. Most of these approaches do not set fees to recover costs, but instead focus on setting rates at a reasonable level in relation to established benchmarks. • We identified common challenges in establishing an appropriate fee amount and provide guidance to assist counties in setting them. • Cost tracking and cost allocation challenges exist at most of the eight counties audited. We provide guidance and recommendations to assist these and all other counties, cities and towns in addressing these challenges. • A review of annual building fees compared to plan review and inspection costs by county showed most of the eight counties sometimes charge more than necessary to cover these costs. • Counties have difficulty predicting future building activity and the resulting revenue from permit fees, which makes it difficult to set fees at the right amount to cover costs. Revisions to state law are necessary in light of the ups and downs that occur with building and permitting activity and the uncertainty about what are appropriate building permit processing activities and allowable expenses. For this reason, we recommend the state Legislature develop legislation that: • Allows for thresholds of working capital from surplus building permit revenue.' • Defines building permit processing activities and allowable expenses. • Specifically allows for appropriate indirect costs for all permit types. 1 The State Auditor's Office is also funded with charges for services and is allowed working capital up to 5 percent of its appropriations under RCW 43.09.416. See Appendix H. nitiative 900 requires the legislative bodies for the audited agencies hold at least 1. one public hearing to consider the audit findings and to receive comments from the public within 30 days of this report's issue. The corresponding legislative body must consider this report in connection with its spending practices. A report must be submitted by the legislative body by July 1 each year detailing the status of the legislative implementation of the State Auditor's recommendations. Justification must be provided for recommendations not implemented. Details of other corrective action must be provided as well. The state Legislature's Joint Legislative Audit and Review Committee (JLARC) will summarize any statewide issues that require action from the Legislature and will notify the appropriate fiscal and policy committees of public hearing agendas. Follow-up performance audits of any state or local government entity or program may be conducted when determined necessary by the State Auditor. 375 Washington State Auditor Brian Sonntag, CGFM Director of Audit Chuck Pfeil, CPA Legislative Liaison Linda Long, CPA, CGFM, CGAP Communications Director Mindy Chambers sonntagb@sao.wa.gov (360) 902-0360 pfeilc@sao.wa.gov (360) 902-0366 long)@sao.wa.gov (360) 902-0367 chamberm@sao.wa.gov (360) 902-0091 To request a public record from the State Auditor's Office: Mary Leider, Public Records Officer leiderm@sao.wa.gov (360) 725-5617 For general information from the State Auditor's Office: Main phone number (360) 902-0370 Web site http://www.sao.wa.gov Toll -free hotline for reporting government waste and abuse (866) 902-3900 To find your legislator http://apps.leg.wa.gov/districtfinder To receive electronic notification of audit reports, sign up at http://www.sao.wa.gov and click on Subscriptions Americans with Disabilities In accordance with the Americans with Disabilities Act, this document will be made available in alternate formats. Please call (360) 902-0370 for more information. 376 )rmance Audit of .y Building Permit Inspection Fees MGSW Macmam he $ili 406 pawrAi RMN—W3 t'SriO4,m wwwr ti:w.com 377 December 23, 2009 off A Mr. Brian Sonntag Washington State Auditor Washington State Auditor's Office 3260 Capitol Blvd. SW PO Box 40031 Olympia, WA 98504-0031 48005W Macadam Ave 5uite4o0 Portland, OR97239-3973 Dear Mr. Sonntag: P503.274.2849 F503.274,2853 We have completed our performance audit of County Building Permit and Inspection www.tkw.com Fees. The impetus for this performance audit, Senate Bill 5120, allows permitting fees to be set only at a level that covers the costs to counties, cities and towns of processing applications, inspecting and reviewing plans, preparing detailed statements, and performing necessary inspections. Our analysis of a sample of eight counties' current approaches and practices found that this bill and other state laws have a major impact on how municipalities can establish and charge future building permit fees. Historically, most of the eight counties reviewed have not identified all costs specifically associated with the permitting process and do not necessarily have a process in place to adequately do so. In addition, revenues received from permit fees in many of these counties have, in the past, been greater than expenses associated with the permitting process. These additional funds have been used to help support other county services. This practice is not allowed under the Bill or under other state laws and could result in modifications to the level and types of services provided by some counties. This report contains our detailed analysis and conclusions based on our review. We wish to express our appreciation to county personnel we spoke with for their cooperation and assistance during this audit. Talbot, Korvola & Warwick, LLP Talbot, Korvola a Warwick, LIP ertif ed Pal A;_. , a lr s (OnSu iani5 tet,3rk 378 Performance Audit of County Building Permit and Inspection Fees Table of Contents Page Introduction 1 Objectives 1 Approach 2 Initiative-900 5 Results 6 The Counties 6 County Review and Expense Analysis 7 Permit Fee Development 11 What Does This All Mean? 14 Guidance 19 Appendix A. County -Specific Recommendations B. Costs Guidance C. Fee Determination Guidance D. I-900 Elements E. County Responses F. Senate Bill 5120 G. Court Rulings 1. Building Industry Association of Southwest Washington, Pacific Lifestyle Homes, Inc., R.C. Olin, LLC, and Quail Construction, Inc. vs. Clark County 2. 137 Wn. App. 338, Feb. 2007 Home Builders Ass'n of Kitsap County vs. City of Bainbridge Island 3. Tiger Mountain, LLC and P & L Associates vs. King County H. Chapter 43.09.416 RC W 379 Introduction :E Performance Audit of County Building Permit and Inspection Fees Introduction Introduction The Washington State Auditor's Office solicited competitive bids to conduct a performance audit of eight counties to determine the reasonableness of building and inspection fees. Under contract to the Auditor's Office, Talbot, Korvola & Warwick, LLP completed the performance audit. Objectives Senate Bill 5120, effective July 26, 2009, requires permit and inspection fees for new agricultural structures to not exceed the direct and indirect costs associated with reviewing permit applications, conducting inspections, and preparing specific environmental documents. It, and other state laws, require that permitting and plan review fees only cover the costs to counties, cities, towns, and other municipal corporations of processing applications, inspecting and reviewing plans, preparing detailed statements, and performing necessary inspections. The bill also requires the State Auditor to conduct a performance audit of the reasonableness of building and inspection fees that are imposed by eight counties: Four counties located west of the Cascade mountain range. • Four counties located east of the Cascade mountain range. • The selected counties must represent a diversity of agricultural economies. Based on these specifications, the State Auditor's Office selected the following counties: Clark Pacific Whatcom • Skamania Walla Walla Klickitat Yakima Pend Oreille To meet the requirements of the bill, the State Auditor's Office also established the following audit objectives: 1. Determine whether eight counties' agricultural, residential and commercial permitting application fees are limited to what is necessary to cover direct and indirect costs associated with permitting. Talbot, Korvola & Warwick, LLP 381 Performance Audit of County Building Permit and Inspection Fees Introduction 2. Identify the methods used by each county to calculate agricultural, residential, and commercial planning and permit fees and how those methods match up with direction provided by state law (Chapter 82.02.020 RCW and Chapter 19.27.015 RCW). Assess whether the methods ensure fees are no greater than what is necessary to pay the direct and indirect costs of planning and permitting. 3. Identify uniform guidance to help counties determine allowable costs and how to allocate them to the permitting program. Approach We conducted the audit from August through November 2009 in accordance with generally accepted government auditing standards. These standards require that the audit be planned and performed to provide reasonable assurance that evidence is sufficient and appropriate to support our findings and conclusions. We believe the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. This audit was planned and performed to: Obtain an understanding of the nature of the area being audited. Identify and assess management controls as they relate to the specific objectives and scope of the audit. Identify legal and regulatory requirements. Identify criteria needed to evaluate matters subject to the audit. Identify sources of sufficient and appropriate evidence and determine the amount and type necessary to formulate a reasonable basis for audit conclusions and findings.. To gain a comprehensive understanding of each county's approach and organization regarding permitting, inspection, and plan review practices, we initially requested and reviewed information from each county including: County and Building Division budgets. Ordinances, resolutions, and decisions concerning fees. Written policies and procedures. Organizational charts. Building division staffing information. Permit information. Fee schedules. Application processing methodology. Performance indicators/standards. Cost studies/analyses. Talbot, Korvola & Warwick, LLP F1 382 Performance Audit of County Building Permit and Inspection Fees Indirect cost methodologies. Other applicable information. Introduction We analyzed and reviewed data for 2006 through 2008 and 2009, as available. We interviewed various employees in each county's building divisions as well as other appropriate county employees. To better understand permitting, inspection, and plan review practices, we visited each county and observed operations. After our preliminary review and analysis of information, we provided all initial findings to the appropriate county employees and finalized our findings and conclusions based on specific feedback. All information contained within the report was reviewed with county employees for accuracy and reasonableness. For purposes of this performance audit, agricultural, residential, and commercial building permitting includes activities related to residential code, fire, plumbing and mechanical codes, as well as the state energy and handicap access codes through both building/plan review and on -site inspections conducted during construction. Information tracking and recording varied among counties. As a result, for some counties, permit expenditures were estimated using budgeted expenditures. To accommodate these estimates, we identified employees associated with building permitting through county budgets. Because they sometimes worked on multiple activities, interviews were conducted to estimate time they spent on permitting activities. Annual wages and benefits were obtained and applied based on these time estimates. Using these procedures, we estimated the county's permitting expenses. We affirmed the basis of our estimates with county personnel. For other counties, we obtained permitting expenditures from their general ledger systems. As these systems are examined as part of the annual financial statement audits, our testing was limited to determining those employees whose payroll costs were charged to the building permitting programs and assuring each actually worked for the program. Where employees worked on multiple activities, interviews were conducted to estimate the portion of their time Talbot, Korvola & Warwick, LLP 3 Performance Audit of County Building Permit and Inspection Fees Introduction spent on permitting activities. Using this information, we recorded only that portion dedicated to permitting. We affirmed the basis of our calculations with county personnel. Our examination of indirect cost plans was limited to verifying the existence of plans identified by counties and assuring that cost elements contained in those plans appeared reasonable. We did not audit the accuracy and completeness of these plans. Had we done so, it is possible our comparisons of permit revenues and expenditures would have been based on different numbers. The report also discloses annual permit revenue. Each county provided audited' revenue numbers for 2006 through 2008. However, revenue for 2009 was obtained from each county's general ledger systems and was not audited. Additionally, each of the eight counties provided us the number of permits issued annually since 2006. No procedures were performed to verify the accuracy and completeness of this information. The focus of our objectives evolved as the audit progressed. The final scope and focus is the product of our initial study orientation and the identification of significant issues and opportunities not recognized or whose significance may not have been fully appreciated prior to commencement of work. Information provided during interviews became one source for observations noted in this report. The information gained from these individuals and from other corroborative sources provided insight into the issues, needs, and expectations surrounding the audit and was invaluable in reaching the conclusions and recommendations presented within this report. However, not all of the issues raised by county employees fell within the scope of this project. 1 Audited as part of the state's annual financial statement audits Talbot, Korvola & Warwick, LLP In Performance Audit of County Building Permit and Inspection Fees Initiative-900 Introduction In November 2005, voters approved Initiative 900, giving the State Auditor's Office the authority to conduct independent, comprehensive performance audits of state and local government agencies. As required by the Initiative, each performance audit examines the economy, efficiency and effectiveness of the policies, management, fiscal affairs and operations of state and local governments, and shall include nine specific elements: 1. Identification of cost savings 2. Identification of services that can be reduced or eliminated 3. Identification of programs or services that can be transferred to the private sector 4. Analysis of gaps or overlaps in programs or services and recommendations to correct gaps or overlaps 5. Feasibility of pooling information technology systems within the department 6. Analysis of the roles and functions within the department and recommendations to change or eliminate departmental roles or functions 7. Analysis of departmental performance data, performance measures, and self - assessment systems 8. Recommendations for statutory or regulatory changes that may be necessary 9. Identification of best practices Although this performance audit focused on meeting the objectives of Senate Bill 5120, the specific elements of Initiative 900 were included as applicable. Talbot, Korvola & Warwick, LLP 0 385 Results Performance Audit of County Building Permit and Inspection Fees Results Results The Counties Washington counties currently subject construction projects to building codes and zoning ordinances. These codes and ordinances provide minimum standards to safeguard health, property and public welfare by regulating and controlling design, construction, and the quality of materials. Codes published by the International Code Council (ICC), which include the International Building Code (IBC), and the International Residential Code (IRC), are commonly used. Typically, specific codes and ordinances are enacted to regulate residential, commercial, industrial, and agricultural development within a county. The codes impose certain regulations such as: Placement on property Size of building Setbacks from easements and property lines Maximum lot coverage requirements Height limitations Permitted uses Building permits are required prior to construction for all building, plumbing, mechanical, and electrical work. Although the eight counties we reviewed have some variations in the building permitting process, each: Receives permit applications Reviews for completeness - Code compliance - Site plan (plumbing, mechanical) - Drawings Enters into a permit tracking system Calculates fee amounts Notifies applicants of approval Receives fee payments from applicants Issues permits Talbot, Korvola & Warwick, LLP 6 387 Performance Audit of County Building Permit and Inspection Fees Results The state allows reasonable fees to be established and collected from applicants for a permit to cover the cost of processing applications, inspecting and reviewing plans, and preparing detailed statements. Counties have developed fee schedules based on a variety of factors, from surveying other counties in Washington and setting rates based on averages, to charging a specific percentage of direct department costs to using industry benchmarks. Each of the eight counties reviewed for this performance audit has created building divisions responsible for issuing permits and ensuring construction projects are in compliance with building codes. Half of the counties we examined have established the division in their Community Development Departments while others are located in Public Works, Public Services Department, Planning and Development Services, and Building Inspection Department. Division staffing reflects the size of the county and the volume of building activity. Building Division personnel range from less than three full-time equivalents in Skamania and Pend Oreille counties to over 20 in Whatcom County. Recently, economic conditions have forced many counties to downsize building division staff. In 2009, four of the counties reduced their workforce. County Revenue and Expense Analysis Audit Objective 1: Determine whether eight counties' agricultural, residential and commercial permitting application fees are limited to what is necessary to cover direct and indirect costs associated with permitting. Counties have historically established fees at levels believed to be reasonable and appropriate. No specific guidelines detailing the amount of fees charged were in place. However, counties are required to set permit fees at amounts that do not exceed the costs associated with reviewing permit applications, conducting inspections, and preparing specific environmental documents. This will require a major shift in the methods employed by counties and cities to budget and establish fees. Our review of prior years indicates that most audited counties have not consistently met this law when measured on an annual basis. Agricultural, residential, and commercial permitting Talbot, Korvola & Warwick, LLP 7 Performance Audit of County Building Permit and Inspection Fees Results application fees generated greater revenue than what was necessary to cover direct and indirect costs associated with planning and permitting. Based on our review of state law, it is unclear as to whether it is appropriate for counties to charge indirect costs for all building permit types2. To determine how the eight counties identify and allocate costs, a review of actual revenues and expenses for the years 2006 - 2008 and 20093, was conducted. Although each county had the revenue and expense information readily available, most counties combined the information with the department the building function resides in, making it difficult to isolate actual permitting process costs. Non -building permit activities — planning, nuisance abatement, fire marshal services, etc. — are often included in the departments' revenue and expense reports. To determine only the costs of building/plan review and on -site inspections, we analyzed each county's budgets and detailed expense reports. The following identifies costs included for each county for each year reviewed. Detailed information for each county can be found in Appendix A: Specific County Recommendations. Salaries/Wages and Benefits Four of the eight counties do not formally track employees' time. Each person records the number of hours they work but not the activity associated with each hour. In most counties, some employees devote 100 percent of their time to building activities and all costs are directly attributable. For the counties whose employees work on multiple functions, we estimated the actual time spent on building division activities based on discussions with employees or through an allocation of time based on FTE. For example, if a department has 15 employees and five are dedicated to building activities, 33 percent of time of those individuals working in multiple areas would be allocated to the building division. These percentages varied each year as staffing levels changed. 2 In light of the existing statutory language, the Washington State Court of Appeals (137 Wn. App. 338, Feb. 2007 Home Builders Ass'n of Kitsap County v. City of Bainbridge Island) ruled that permit fees could not be used to pay for allocated indirect costs. In 2004, a superior court judge ruled that indirect costs are allowable. Tiger Mountain LLC v. King County, Snohomish County Superior Court Cause No. 03-2-05287-4, Order on Motions for Partial Summary Judgment (filed May 24, 2004). See Appendix G. 3 Partial year as information was available Talbot, Korvola & Warwick, LLP Performance Audit of County Building Permit and Inspection Fees Non -Payroll Direct Costs Five of the eight counties do not specifically identify non -payroll direct costs that correspond to permitting activities. These costs include: Office Supplies Communication Travel • Rentals Training Software Professional Memberships Vehicles Tools • Repairs Equipment Fuel Miscellaneous expenses Results We included 100 percent of the costs that could be directly identified. Using FTE as a basis, other costs were allocated for our analysis. Although using FTE does not ensure a precise calculation of supplies used for permit processing, it provides a reasonable estimate for illustrative purposes. Indirect Costs Three of the eight counties do not have a formal county -wide cost allocation plan. In some counties, a basic percentage is identified and allocated. However, that allocation typically did not include costs such as facilities, maintenance, utilities, human resources, etc. Counties with current cost allocation plans are allocating indirect costs that are reasonable and necessary to cover direct and indirect costs associated with the permitting process. Services paid for by the building divisions are applicable to day-to-day Talbot, Korvola & Warwick, LLP 9 390 Performance Audit of County Building Permit and Inspection Fees Results operations. However, these plans were not necessarily inclusive of all indirect costs4, resulting in lower expenses being allocated to building permit processes. For counties that did not have an inclusive county -wide indirect cost allocation, 25 percent of wages and salaries that were included as the base county allocation. This number was based on: Allocations of the reviewed counties with a plan. Reasonable percentage used by other organizations. Applying this methodology, we were able to identify, by county and by year, whether revenue from building permits was greater or less than estimated expenses. If greater, building permits generated more revenue than necessary to cover all direct and indirect costs. If less, other county resources helped pay for permitting services. The following illustration summarizes each county's surplus or deficit based on estimated indirect and direct costs — salaries/wages and benefits'and supplies and materials. Highlighted numbers indicate revenue was greater than expenses (surplus): Building Permit Revenue/Estimated Expenses $1,143,869 $1,502,389 $1,868,555 $183,373 (10/31/09) :3C dS 3.JM tat $598 ' $3S;J39 $48,299 $5,291 (6/30/09) $)69,713 $30,550 $40,472 $35,225 (10/31/09) 1'endxtJreille $45,159 $14,052`' $2,032 $37,302 (6/30/09) $78,393 $18,617.;=, $20,541 $49,264 (6/30/09) " . $127,053 $171-;492.' $3,475 $79,087 (10/31/09) . $457,286 $244,666 $57650` $4,891 (6/30/09) $278,088 $296;631 ' $403,092 $97,399 (8/31/09) Source: Compiled by TKW from county information Illustration 1 As identified in the above illustration, all counties with the exception of Klickitat and Clark in 2006 and Pacific and Clark in 2007, had surpluses — revenues received from building permitting 4 As identified by OMB Circular A-87 Talbot, Korvola & Warwick, LLP 10 391 Performance Audit of County Building Permit and Inspection Fees Results fees exceed the estimated costs of providing applicable services. In 2008, only Whatcom County generated a surplus. The counties that have estimated surplus funds have spent them to support other services such as planning, enforcement, fire inspections, environmental health, and public works activities or to establish account reserves. Because of sharp decreases in building permit revenue, most of these counties will rely on their general funds to supplement funding for building permit processing in 2009. Permit Fee Development Audit Objective 2: Identify the methods used by each county to calculate agricultural, residential, and commercial permit fees and how those methods match up with direction provided by state law (Chapter 82.02.020 RCWand Chapter 19.27.01 S RC99. Assess whether the methods ensure fees are no greater than what is necessary to pay the direct and indirect costs of planning and permitting. Permit fee development varies among counties. As mentioned previously, counties have historically established fees at levels believed to be reasonable and appropriate with no specific focus on the identification of the cost of providing permitting services and an attempt to recover those costs. As a result, the methods employed by most counties do not ensure fees are no greater than what is necessary to pay the direct and indirect costs of planning and permitting. Currently, only Clark and Pend Oreille Counties have methodologies in place to meet the requirements of the law. Counties provide many basic services that are funded through a variety of sources. Taxes, fines, and grants fund many of the services available to all county residents — animal control, law enforcement, corrections, health care, parks, etc. Other services only benefit certain individuals or groups and are funded primarily through user fees. Building permitting is funded by a fee collected from people who use the services. Talbot, Korvola & Warwick, LLP 11 392 Performance Audit of County Building Permit and Inspection Fees Results Building permit fees do not necessarily have a direct relationship with the costs of the service. Building functions have traditionally developed fee schedules based on the relationship between the value of the project and the amount of work required to review plans, inspect activities and administer the process. Many governments, however, are attempting to restructure fees to recover the actual cost of providing the service. However, to recover costs that are in direct proportion to the services provided, all costs need to be identified. Because most counties' building division expenses are combined with other functions and are not budgeted separately, actual costs of the building permitting process have not historically been identified. Although the permit fee development process varied among counties reviewed, all use a base methodology (or some variation) as established by the International Code Council. This method uses the following "formula": Total Permit Fee = Total Valuation x Fee Total Valuation = (Building Square Footage(l) * Valuation Rate(2)) (1) By Type of Building (2) Rate established by ICC and updated every six months Fee = Amount established by ICC and applied per $1,000 Example: 3000 square -foot residence Fee Calculation Valuation Rate: $65.00 Total Valuation: 3000sq ft * $65.00 = $195,000 Fees: $785.00 for first $100,000 plus Fees: $ 785.00 $4.30 for each additional $1,000 $4.30*95 = $ 408.50 Total Permit Fee: $1,193.50 Variations to this methodology include: Clark County Community Development relies primarily on application fees to fund three of its programs: Development Services, Building Safety and the Permit Center. The fees cover cases for preliminary review, environmental review, engineering, development inspection and building. During 2008, a cost -of -service analysis was conducted to Talbot, Korvola & Warwick, LLP 12 393 Performance Audit of County . Building Permit and Inspection Fees Results support a full cost -recovery fee proposal. The comprehensive study took into account comparable community permit fees, time spent on permits and actual cost. At the close of 2008, the Board of County Commissioners delayed adoption of a new fee proposal. In 2009, the Board adopted the new fee proposal that self -funds 85 percent of permit expenses, with the residual coming from the General Fund. The new fee structure took effect July 15, 2009. Klickitat County Building permit fees were set by ordinance in 2001. The County used a valuation method that, based on data provided by the International Code Council (ICC) through its Building Safety Journal,5 established the basis for fee development. While the ICC updates these valuation numbers every six months, the county is currently using 2004 valuations. Through a survey of other counties in Washington, fees were identified and set at the low end based on an average of counties in Eastern Washington. Fees were tied to the 1991 Uniform Building Code and modified by a factor of 1.25. The County has not increased building permit fees since 2001. Pacific County Pacific County uses the base ICC methodology but modifies its building permit fees using information obtained from other counties, building industry information, and the expertise of its current building inspectors who each have private sector experience. The Department also considers the cost of doing business and what they perceive the public can pay. Pend Oreille County Between 1999 and 2004, Pend Oreille County determined permit fees based on the Uniform Building Code. The methodology for residential structures was changed in 2005 from square footage to base cost. The rates were established to assure that 80 percent of direct department costs were covered by department -generated revenues. 5 Published every six months Talbot, Korvola & Warwick, LLP 13 C•. Performance Audit of County Building Permit and Inspection Fees Skamania County Results The County has established its building permit fees using the Building Safety Journal's6 suggested amounts in 1994. These amounts have not been updated to current values. Walla Walla County Walla Walla County has established its building permit fees using 80 percent of the Building Safety Journal's suggested amounts. Whatcom County The County obtains the amount charged for building permit fees from five comparable jurisdictions, including the City of Bellingham, and calculates the median to use as its base. It then determines what fees are being charged by other County departments, such as the Health Department to determine what the rate should be for services that are based on an hourly rate. Yakima County Prior to 1995, Yakima County established its building permit fees based on the International Conference of Building Officials Model Code Fee Schedule using valuation data from the Building Safety Journal. In December 1995, the County began increasing fees every January 1 according to the Consumer Price Index (CPI) for Seattle. Valuation is calculated using the most recent data from the Building Safety Journal. What Does This All Mean? The eight counties use varying approaches to set building permit fees. Most of these approaches focus on setting the rates at a reasonable level in relation to an established benchmark. The requirements imposed by state law will require the counties to set permit fees at a level sufficient to recover only the costs of administering the program. Achieving this objective will require counties to adopt a cost -recovery methodology to fee setting. 6 International Building Code Talbot, Korvola & Warwick, LLP 14 395 Performance Audit of County Building Permit and Inspection Fees Results Cost Determination All Washington counties will have to base building permitting fees on the actual cost of services rather than the construction value. This methodology will require the identification of actual costs of services rendered. Actual costs include more than direct labor associated with the permitting process. Actual cost calculations typically include: Direct costs (labor, materials and supplies) Indirect costs: - Internal (department) - External (county) Some counties will have difficulty identifying indirect costs. Many building entities' costs are combined in departments providing other services. Non -building permit activities are not separately recorded. Direct labor, supplies, and materials are not necessarily individually tracked to the service they are associated with. Many counties? do not currently have an inclusive cost allocation plan that allocates various county -wide services. These costs include: Building space Custodial services City administrative services (attorney, commissioners, auditor, chief administrative officer, human resources, etc.) Utilities IT services Vehicles Building Permitting Process Determination State law establishes a general definition of allowable services as they relate to permitting - reviewing permit applications, conducting inspections, and preparing specific environmental documents. Unrelated services previously associated with or paid for by building permit fees, cannot be included. ' Appendix A: County -Specific Recommendations contains additional detail Talbot, Korvola & Warwick, LLP 15 396 Performance Audit of County Building Permit and Inspection Fees Results A recent lawsuit filed in Clark County reinforces this. A complaint was filed in 2002 alleging the County was charging excessive building permit fees because state law only allowed fees for the cost of reviewing permit applications, conducting inspections, and preparing documents under the State Environmental Policy Act. In 2009, the Court ruled the County cannot lawfully use building permit fees to pay for the expense of code enforcement activities that occur prior to filing a permit application. It further stated that pre -application code enforcement activities are not part of "processing applications" under Chapter 82.02.020 RCW, but instead are fundamentally law enforcement activities that cannot be funded through the building permit fees authorized by Chapter 82.02.020 RCW. Implications of the Law Ability to Provide Services Some counties have generated additional revenue through building permit fees and used those funds to support other services such as planning, enforcement, fire inspections, environmental health, and public works activities. As identified in Illustration 1 on page 10, in 2006 and 2007, six of the eight counties reviewed generated surplus funds. These surplus funds may, in part, represent working capital that is needed to maintain operations and is a standard practice for governmental entities. An example of this practice is shown under Chapter 43.09.416 RCW. See Appendix H. Building permit fees are restricted to activities directly related to the process. To compensate, counties will have to either: Fund current services with general fund dollars. However, given the nature of government financing, those dollars would potentially decrease funding for other public activities such as law enforcement, health care, parks, etc. Increase fees for services that are currently supplemented by permitting fees. Eliminate services. 8 Building Industry Association of Clark County, et al. v. Clark County, No. 02-2-01116-1. See Appendix G. Talbot, Korvola & Warwick, LLP 16 397 Performance Audit of County Building Permit and Inspection Fees Unanswered Questions Funding Variations The law does not necessarily allow for a stable level of funding. Because Results projections are difficult, extensive fluctuations in permit applications and accompanying fees occur. Based on our analysis to determine whether revenue from building permits was greater or less than expenses, we identified extensive variations by year in each county. The following illustration highlights those variances: County Surplus/Deficit by Year $1,000,000 $500,000 $0 ($500,000) ($1,000,000) ($1,500,000) ($2,000,000) Source: Compiled by TKW from county information Illustration 2 Revenues and expenses do not always correspond in building departments. Permits may be issued and payment received in one budget year with services provided in another. Surpluses may actually reflect the receipt of these fees without accompanying costs. Talbot, Korvola & Warwick, LLP 17 Performance Audit of County Building Permit and Inspection Fees The law or any administrative rules do not provide guidance regarding the Results development of a surplus up to a certain level of funding to offset uncertainty that could occur annually. Staffing levels and resource allocations would be subject to projections and could result in difficulty determining potential revenue. As shown in the following illustration, permits issued for one of the reviewed counties annually fluctuate resulting in varying receipts. Permits Issued 800 600 400 200 0 2006 2007 2008 2009 (10/31) Source: Compiled by TKW from county information Illustration 3 Variations in revenue could result in counties reducing staffing levels in one year and re -hiring or increasing staffing levels in another. In some counties, this could result in the loss of experienced employees who would be difficult to replace in better years. Available staff with knowledge and experience could be difficult to find. Customer service could be negatively impacted. Conversely, the law offers no direction regarding what to do with surplus revenue. In the event revenue is higher than projected, it is unclear as to what to do with the additional revenue or how adjustments should be made. Talbot, Korvola & Warwick, LLP 18 399 Performance Audit of County Building Permit and Inspection Fees Building Activity Determination Results The law states that `permitting and plan review fees only cover the costs to counties, cities, towns, and other municipal corporations ofprocessing applications, inspecting and reviewing plans, preparing detailed statements, and performing necessary inspections. " The law however, does not specifically define which activities these areas include. This lack of definition makes it difficult for counties to determine what constitutes processing applications, inspecting and reviewing plans, preparing detailed statements, and performing necessary inspections. Questions as to whether activities such as services provided to the general public (process/application details, general information, reporting, etc.) should be "county" costs and paid by the general fund or included as a component of building fees. Without definitive guidance, counties will have to make their own determination of appropriate activities, potentially resulting in decisions that do not meet legislative intent or are inconsistent with other counties. Recommendation No. 1 The Washington State Legislature should develop legislation that: Allows for thresholds of working capital from surplus building permit revenues9, Defines building permit processing activities and allowable expenses, and Specifically allows for appropriate indirect costs for all permit types. Guidance Audit Objective 3: Identify uniform guidance to help counties determine allowable costs and how to allocate them to the permitting program. 9 The Washington State Auditor's Office is also funded with charges for services and is allowed working capital up to five percent of its appropriations under RCW 43.09.416. See Appendix H. Talbot, Korvola & Warwick, LLP 19 e Performance Audit of County Building Permit and Inspection Fees Results Allowable Cost Determination Under the provisions of the law, a county may only cover the costs of processing applications, inspecting and reviewing plans, preparing detailed statements required by Chapter 43.21C RCW, and performing necessary inspections under this chapter. Two factors determine if a cost is allowable. First, whether the activity is allowable under the provisions of state law and second, if the cost is allowable. State law is specific as to the allowable cost categories — processing applications, inspecting and reviewing plans, preparing detailed statements, and performing necessary inspections - but not necessarily allowable activities. For clarification, these can be defined as any activity necessary to process a building permit from the point the applicant makes contact with the county to when the certificate of occupancy is issued. Activities not associated with a specific building permit would not be considered an allowable activity. Pre -application code enforcement activities for example, would be excluded and should be funded from non - building permit sources. The second factor to consider is the allowability of the specific cost itself. While the law does not provide detailed guidance in this area, there are established standards determining allowability of costs for government entities. Appendix B contains guidance related to the tracking of costs related to allowable permitting activities. Fee Determination Setting the appropriate amount of user fees requires identifying the actual costs of services rendered. Actual costs include more than direct labor associated with the permitting process. These costs typically include: Direct costs (labor, materials and supplies) Indirect costs - Internal (department) - External (county) Talbot, Korvola & Warwick, LLP 20 401 Performance Audit of County Building Permit and Inspection Fees Results Before a county is able to calculate appropriate user fees for building permits, it must first have systems in place to determine and track the direct and indirect costs associated with these activities. Systems should allow the county to track actual employee time for allowable building permit activities as well as time that cannot be charged against building permit revenue. Unallowable activities will need to be funded from sources other than building permit revenues. Activities within the building division should be reviewed to determine classification as direct or indirect. Indirect costs, both internal and external, should be tracked separately and allocated using a reasonable methodology. There are many variations on cost recovery. After reviewing several of the established approaches to plan review and inspection fee cost recovery, we recommend counties consider adopting the Modified Cost/Revenue Allocation Methodology described by the International Code Council in Establishing Building Permit Fees, 2nd Edition and all updates. This approach allows counties to demonstrate cost recovery without placing an excessive burden on staff. Under the Modified Cost/Revenue Allocation Methodology, plan review and inspection fees are based on the prior year's activity. Adjustments are made for any anticipated changes in building permit activity. Building permit fees under this methodology are calculated on square footage rather than building valuation. The Modified Cost/Revenue Allocation Methodology is summarized in Appendix C. Talbot, Korvola & Warwick, LLP 21 402 403 A. County -Specific Recommendations E Performance Audit of County Building Permit and Inspection Fees County -Specific Recommendations Appendix A Summary Counties are required to set permit fees at amounts that do not exceed the costs associated with reviewing permit applications, conducting inspections, and preparing specific environmental documents. Meeting this requirement will require counties to adopt a cost -recovery methodology for setting fees — a deviation from most counties' current approach. Counties have historically not set fees to recover costs, but instead set rates at a reasonable level in relation to established benchmarks. As summarized in the following illustration, most counties do not currently have methodologies in place to meet the requirements of the law. Two counties attempt to base their permitting fees on a cost recovery method. However only Clark County appears to have all of the necessary systems and processes in place to determine both direct and indirect costs used in developing a building permit cost recovery model. Although Pend Oreille County has a process in place for cost recovery, it does not set fees for full cost recovery. Whatcom County has been developing a method to allocate County indirect costs, and has initiated a time tracking system and segregated building services expenses from other departmental costs. Yakima has many of the basic components while the other counties reviewed face challenges in identifying all appropriate costs. The ability to identify and allocate applicable county and department costs to the building permitting process will be the greatest challenge for many counties. Four of the counties currently have no formal county -wide cost allocation plan while six have no department cost allocation plan. Without the identification of these costs, actual expenses cannot be determined. Additionally, half of the counties reviewed have no formal method to track the time expended on permitting activities inhibiting their ability to determine actual labor costs. Four counties do not specifically track supplies and materials - also hindering the capturing of actual costs. A-1 405 Performance Audit of County Building Permit and Inspection Fees County Summary County- Department Fees Estimated 2008 Wide Cost Cost Based on County 2009 FTE Permits 2008 Allocation Allocation Time Cost Building Appendix A Non -Payroll Direct Costs Klickitat Inspection 7 490 $357,933 No No No No No 701ftuntty No i25. Z,. �.. .;;$36©,3$4 No..j: .No... - No No Community Pend Oreille Development -. 2.8 110 $184,679 Yes No No Yes No Skaman>a.. )'ubhcWorks .. $162500, Yes ... Community Walla Walla Development 6.8 772 $545,531 No No No No No Planning"and ; .' Yi = - No Development. " ervtce " 1. ,38,362. Yes No 20) . . tiati)s .. inngWhacom Yakima Public Services 16.8 1,194 $1,499,214 Yes Yes Yes No Yes Source: Compiled by TKW from county information Illustration 4 Based on our review of state law and recent court decisions, it is unclear as to whether it is appropriate for counties to charge indirect costs for all building permit types. 10 However, we have made specific recommendations to assist each reviewed county in developing practices and processes to identify and track applicable costs. The implementation of these recommendations will depend on clarification of state law by the legislature. Recommendation No. 2 Counties that currently do not have an emphasis on cost recovery: Klickitat • Pacific Skamania Walla Walla Whatcom • Yakima should adopt the Modified Cost/Revenue Allocation Methodology described by the International Code Council or other comparable methodologies. 10 See Appendix G A-2 406 Performance Audit of County Building Permit and Inspection Fees Clark County Appendix A Clark County Community Development experienced an extensive drop in building permits that resulted in significant employee lay-offs in 2008 and 2009. With costs exceeding revenue, the Department went through five lay-off efforts to reduce the size of a department -wide deficit. The first lay-off exercise resulted in 27 positions being Year Permits Revenue 2008 4,621 $2,997,036 eliminated, all but two of which were vacant positions. The 2007 6,455 $4,254,285 second and third wave of lay-offs occurred in late 2008 2006 6,977 $4,485,834 totaling more than 30 positions - 14.6 associated with the building division. A re -organization also moved 18 engineers to Public Works beginning in 2009. Altogether, Community Development has seen its work force reduced by more than 65 positions leaving 39 FTE's with 10.9 in Building. Building Inspection now includes the following positions: Chief Building Official (0.5) Building Manager (0.4) Lead Building Inspector (2.0) Building Inspector III (4.0) Office Assistant III (1.0) Lead Plan Examiner (1.0) Senior Plan Examiner( 2.0) Clark County has recently undergone an extensive review of both cost allocation and permit fees. Specific processes and practices have been implemented to assure that all costs associated with permitting and plan review fees are identified and limited to what is reasonable and necessary to those permitting, inspection, and plan review activities as required by the law. Clark County appears to have all of the necessary systems and processes in place to determine both direct and indirect cost used in developing a building permit cost recovery model. Klickitat County Klickitat County's Building Inspection Department is responsible for ensuring building and structural compliance with the County Construction Codes. The Department administers the A-3 407 Performance Audit of County Building Permit and Inspection Fees Appendix A International Residential Code, International Fire Code, Uniform Plumbing Code, Year Permits Revenue International Mechanical Code, as well as the Washington 2008 490 $357,933 State Energy Code and Indoor Air Quality Code through both 2007 537 $427,544 building/plan review and on -site inspections conducted during 2006 492 $370,322 construction. These codes are as adopted by Chapter 19.27 RCW. The Department is responsible for enforcing the County's Nuisance and Building Codes. The Building Inspection Department is comprised of eight positions, six full-time and two part-time, totaling seven FTE. The Department currently includes the following positions: Building and Compliance Director Building Inspector • Code Compliance Officer Plans Examiner Four Administrative Assistants (2 full-time and 2 part-time) Time Recording The County does not track employees' time by activity — each person records time by division rather than the activity associated with each hour — making it difficult to actually determine time devoted to building permit activities. Recommendation No. 3 Klickitat County should develop a process to track Building Inspection Department personnel's time based on actual activities performed. Cost Allocation The County does not have a formal cost allocation plan and does not currently allocate indirect overhead to departments. Recommendation No. 4 Klickitat County should develop a County -wide cost allocation plan to accurately identify and allocate indirect County charges. A-4 Performance Audit of County Building Permit and Inspection Fees Fund Structure Appendix A The County records all revenues and expenditures associated with building permit activities in the General Fund — building permit activities are comingled with other General Fund activities Recommendation No. 5 Klickitat County should create a separate enterprise fund to track building permit revenues and expenditures. Pacific County Pacific County Department of Community Development Year Permits Revenue (DCD) serves as the County's lead agency in land -use and 2008 200 $360,384 200219 $289,287 environmental policy development. DCD serves as "a one- 2006 293 $513,766 stop shopping" permit center for land use project review in Pacific County. The Planning Division reviews project proposals for compliance with zoning restrictions, critical area and drainage, and road access requirements, ordinances, and shoreline regulations. The Environmental Health Division conducts on -site septic and water system inspections, operates a drinking water laboratory, and administers public health programs addressing public food services, recreational vehicle parks, public swimming pools, solid waste facilities, complaint investigation, and communicable disease outbreaks. The Building Division is responsible for ensuring building and structural compliance with the County Construction Codes. The Building Division administers the international residential code, fire, plumbing and mechanical codes, as well as the state energy and handicap access codes through both building/plan review and on -site inspections conducted during construction. The Department of Community Development has 12 positions in 2009 of which 4.25 FTE perform Building Division activities: • Department Director (25) Assistant Director (.25) IS Tech (.5) • Administrative Assistants - Permit Techs (1.0) A-5 409 Performance Audit of County Building Permit and Inspection Fees • Enforcement Officer (.25) • Building Inspectors (2.0) Time Recording Appendix A The County does not formally track employees' time — each person records hours but not the activity associated with each hour — making it difficult to actually determine time devoted to Building and Planning divisions. Recommendation No. 6 Pacific County should develop a process to track Community Development Department personnel's time based on actual activities performed. Cost Allocation The County does not have a formal cost allocation plan. The current percentage allocation does not include such costs as facility - rental/ maintenance/etc., utilities, human resources, etc. Recommendation No. 7 Pacific County should develop a County -wide cost allocation plan to accurately identify and allocate indirect County charges. Pend Oreille County The Community Development Department, formerly the Planning Department, was separated from the Public Works Department in 2009. There are 2.8 FTE responsible for current and long- range planning, building and development permitting, and code enforcement. In addition, Department personnel assist with the County's Geographic Information Systems (GIS) efforts in mapping the County as well as updating the County's shoreline Master Program. A variety of permits are processed in this Department, including Year Permits Revenue 2008 318 $184,679 residential, additions, outside decks, framed garages, carports, 2007 405 $206,625 pole buildings, manufactured homes, wood stoves, 2006 390 $211,795 mechanical/heat, and plumbing. A-6 410 Performance Audit of County Building Permit and Inspection Fees Appendix A The Department's revenues and expenditures are tracked separately from other funds. When the Department reported to the Public Works Director and County Engineer, no departmental overhead charges were calculated. The Department now reports directly to the Board of County Commissioners. The County administrative overhead is calculated based on United States Office of Management and Budget (OMB) Circular A-87, cost principles for state, local, and Indian tribal governments, using the simplified method, which is not reflected within the budget or departmental financials. The Department uses a manual system and spreadsheets to track and record permits. However, a new system is being implemented and is anticipated to go live in the spring of 2010. This system is compatible with the County's financial system as well as its GIS. The use of an automated permit system is expected to minimize or eliminate the need to enter the same data into multiple systems. Time Recording Only one position in the Community Development Department formally tracks time. This position is responsible for enforcement activities, which are not separated from other field inspection activities. The other two positions within the Department record hours but not the activity associated with each hour — making it difficult to actually determine time devoted to building permit services. Recommendation No. 8 Pend Orielle County should develop a process to track Community Development Department personnel's time based on actual activities performed. Determining Building Permit Fee Schedules Before 2004, the County used the Uniform Building Code to determine permit fees. The current methodology is based on covering approximately 80 percent of departmental costs, regardless of whether those activities are related to processing building permits. Comparing permit fee receipts with allowable permit expenses, including County A-7 411 Performance Audit of County Building Permit and Inspection Fees Appendix A administrative overhead, and excluding Public Works administrative overhead, it would appear that the revenues received for building permit services has been greater than determined expenses for 2006 and 2007: 2006 $45,159 2007 $14,052 For 2008 and 2009 (through June 30), revenue received for building permits was less than determined expenses: 2008 $ 2,032 2009 $37,302 To assure fees are developed that cover permit fee costs, but do not fund other activities, the County should evaluate the cost of processing building permits and adjust the fee schedule accordingly. Recommendation No. 9 Pend Orielle County should adjust its permit fee schedule to cover only allowable permit -related activities once the true cost of processing building permits can be determined. Skamania County Skamania County Community Development Department Year Permits Revenue (SCCD) serves as the county lead agency in land -use and 62 9 2008 24 $1,500 environmental policy development. SCCD serves as a 'one 2008 2$62,0 213 2006 307 $261,757 stop shopping" permit center for land use project review in Skamania County. The Planning Division reviews project proposals for compliance with zoning restrictions, critical area and drainage, National Scenic Area, Clear & Grade, State Environmental Policy Act threshold determinations, and shoreline regulations. The Environmental Health Division conducts on -site septic and water system inspections, administers public health programs addressing public food services, public swimming pools, solid waste facilities, complaint investigation, and communicable disease outbreaks. The Building Division is a division of the Public Works Department and is located in the same building as the Community Development Department. They review construction plans and perform building inspections to ensure compliance with the A-8 412 Performance Audit of County Building Permit and Inspection Fees Appendix A International Building Code and other applicable construction codes. They also review road access requirements, issue approach permits, road right-of-way use permits, utility permits and assign new addresses. Permit Fees A variety of different permits are processed within this Department, including residential, additions, outside decks, framed garages, carports, pole buildings, manufactured homes, wood stoves, mechanical/heat, and plumbing. The County has established its building permit fees (square foot construction costs) using the Building Safety Journal'siI suggested amounts from 1994. Previous Department directors established the process and it has continued using basic structure amounts with no differences between fine and regular building. By using outdated versions of fees the County does not maintain current information to determine fees. Secondly, not differentiating between fine and general building fees hasn't allowed the county to determine the true costs of permitting. Recommendation No. 10 Skamania County should: • Review building permit fees to ensure they are accurate and cover current expenses. Develop specific procedures to assure building fees remain accurate. Cost Allocation The County relies on the County Auditor's Office to determine its indirect cost and then uses the number to budget. In an effort to assure all allowable costs are included in the fee rate schedule, the County should develop a methodology for allocating County as well as departmental overhead costs to its various functions. Recommendation No. 11 Skamania County should develop a departmental cost allocation plan to accurately identify and allocate indirect County and departmental charges. 11 International Building Code A-9 413 Performance Audit of County Building Permit and Inspection Fees Building Revenues and Expense Fund Appendix A Skamania County does not have an enterprise fund and is supplementing the general fund in years that revenues exceed expenditures. Recommendation No. 12 Skamania should develop a separate enterprise fund for building permits. Walla Walla County The Community Development Department through its Year Permits Revenue 2008 772 $545,531 Building, Code Compliance, and Planning Divisions assures 2007 617 $596,628 that all development in the unincorporated areas of the 2006 609 $636,883 County conforms to the County's Comprehensive Plan, development regulations, and Building Code in accordance with Walla Walla County Code. The Department also provides technical assistance, inspection services, and code compliance in accordance with Walla Walla County Building Code. Although receipts from various permitting, review, and inspection activities provide the primary source of funding for the department, general fund dollars also are required. The Department had 12 positions in 2008 — 6.8 FTE allocated to the Building Division: Department Director (.5) • Planners (.8) • Building Official (1.0) Building Inspectors (2.0) Permit Technicians (1.5) Code Enforcement Officer (.5) Administrative Assistant (.5) Time Recording The County does not formally track employees' time — each person records hours but not the activity associate with each hour — making it difficult to actually determine time devoted to each division — Building, Code Compliance, and Planning. A-10 414 Performance Audit of County Building Permit and Inspection Fees Recommendation No. 13 Appendix A Walla Walla County should develop a process to track Community Development Department personnel's time based on actual activities performed. Cost Allocation The County does not have a formal cost allocation plan. The current percentage allocation does not include such costs as facility - rental/ maintenance/insurance, etc., utilities, human resources, service vehicle operation and maintenance (including insurance), etc. Recommendation No. 14 Walla Walla County should develop a County -wide cost allocation plan to accurately identify and allocate indirect County charges. Whatcom County Permits are processed within the Building Services Division of the Planning & Development Services Department. There are two other divisions - Natural Resources and Planning - along with administrative staff that support all three functions. Administration includes the GIS and enforcement functions. There are a total of 67.6 FTE within the Planning & Development Services Department. Building Services has 20.6 FTE and is responsible for processing permits and includes Fire Inspectors that not only assist with fire system inspections, but also provides public awareness and fire marshal duties. The Division has experienced a decrease in FTE due to economic conditions. In addition to an unfilled Clerk position, the number of Plans Examiners has fluctuated over the last six years, from as many as five to the current level of 2.5 FTE. A variety of different permits are processed within this Department, Year Permits Revenue 2008 1,392 $2,338,362 including residential, commercial, detached buildings, mobile 2007 1,644 $2,393,718 homes, and revisions. These include inspections, as necessary, for 2006 1.925 $2,637,527 foundations, floors, driveways, roads, private bridges, decks, handrails, extensions, framing, plumbing, mechanical, insulation, and electrical. A-11 415 Performance Audit of County Building Permit and Inspection Fees Appendix A Over the last several years, the Department has made major adjustments to its account code structure to segregate Building Services expenses from other departmental costs. It also began tracking time in 2009 using an internal database that was created for this purpose. The database has not been in place long enough to determine how much time each position spends on permit -related activities. However, based on conversations with personnel and management, we have determined that approximately 92 percent of Division employee's time is spent on permit -related activities. Cost Allocation The Department has developed a methodology to allocate County overhead to its various divisions. However, it currently is not formally allocating those overhead costs to its internal divisions. In an effort to assure all allowable costs are included in the fee rate schedule, the County should implement its methodology for allocating County as well as departmental overhead costs to its various functions. Recommendation No. 15 Whatcom County should implement its departmental cost allocation plan to accurately identify and allocate indirect County and departmental charges. Determining Building Permit Fee Schedules The County establishes its building permit fee schedule based on the median of five comparable jurisdictions, including the City of Bellingham. Specific fees are identified based on an estimated time to complete at a specific hourly rate. When services require additional time for processing, an hourly rate is charged in addition to the standard fee to assure costs are being covered. This hourly rate is consistent with hourly rates charged in other County departments. Comparing permit fee receipts with allowable permit expenses, including Departmental and County overhead, it would appear the revenue received for building permit services has been greater than determined expenses between 2006 through 2008: A-12 416 Performance Audit of County Building Permit and Inspection Fees 2006 $457,286 2007 $244,666 2008 $57,650 Appendix A Between January 1 and June 30, 2009, revenue received for building permits was less than determined expenses by $4,891. To assure fees are developed that cover allowable permit fee costs, but do not fund other activities, the County should evaluate the cost of processing building permits and adjust the fee schedule accordingly. Recommendation No. 16 Whatcom County should adjust its permit fee schedule to cover only allowable permit -related activities. Yakima County The Public Services Department is responsible for the construction and maintenance of bridges and roads, solid waste and moderate risk waste disposal, water and sewer operations, building permit and code enforcement, equipment services, county buildings, and county -wide flood control. The department is divided into four divisions: Transportation Services Development Services Environmental Services Building and Fire Safety Year Permits Revenue Yakima County Building and Fire Safety administers and 2008 1,194 $1,499,214 enforces the Yakima County Building, Mechanical, Plumbing 2007 1,149 $1,879,891 and Fire Code ordinances. These ordinances are enacted to 2006 1,133 $1,748,302 safeguard life, health, property, and general public welfare. The ordinances regulate and control the design, construction, and quality of materials, use and occupancy, location and placement, and repair and maintenance of all buildings and structures in unincorporated Yakima County. Building and Fire Safety also enforces the Zoning A-13 417 Performance Audit of County Building Permit and Inspection Fees Appendix A Ordinances, Abatement of Dangerous Buildings and Public Nuisances Ordinance, Flood Hazard Ordinance, State Energy Code, Indoor Air Quality, Barrier Free regulations, and Yakima County Abandoned Vehicle Ordinance. The division has a total of 30 FTE and is divided into the following functional areas: Building Safety - Inspection - Code Enforcement - Project Coordination Fire Safety Although Yakima County does not set fees on a full cost recovery basis, the County appears to have all of the necessary systems and processes in place to determine both direct and indirect cost used in developing a building permit cost recovery model. A-14 418 B. Cost Guidance 419 Performance Audit of County Building Permit and Inspection Fees Cost Guidance Appendix B Allowable Cost Determination Under the provisions of the law, a county may only cover the costs of processing applications; inspecting and reviewing plans, preparing detailed statements required by Chapter 43.21 C RCW, and performing necessary inspections under this chapter. Two factors determine if a cost is allowable. First, whether the activity is allowable under the provisions of the law and second, if the cost is allowable. The law is specific as to the allowable cost categories — processing applications, inspecting and reviewing plans, preparing detailed statements, and performing necessary inspections - but not necessarily allowable activities. For clarification, these can be defined as any activity necessary to process a building permit from the point the applicant makes contact with the county to when the certificate of occupancy is issued. Activities not associated with a specific building permit would not be considered an allowable activity. Code enforcement activities for example, would be excluded and should be funded from non -building permit sources. The second factor to consider is the allowability of the specific cost itself. While the law does not provide detailed guidance in this area, there are established standards determining allowability of costs for government entities. Examples of direct costs: • Salaries wages of employees working on allowable building permitting activities • Office Supplies • Communication • Travel Rentals • Training • Software Professional Memberships Vehicles Tools Repairs B-1 420 Performance Audit of County Building Permit and Inspection Fees • Equipment Fuel Miscellaneous expenses Examples of indirect costs: Appendix B Building space Custodial services City administrative services (attorney, commissioners, auditor, chief administrative officer, human resources, etc.) Utilities IT services Vehicles Functions Necessary to Track Allowable Costs The following functions will be necessary in order to effectively track the costs associated with allowable permitting activities: A county -wide cost allocation plan that conforms to OMB Circular A-87 An internal department cost allocation plan The use of separate funds or accounts to track the costs associated with allowable building permit activities Tracking of time by employees who work on allowable building activities as well as other unallowable activities State law authorizes all counties, big and small, to establish permit fees that match but do not exceed the costs related to allowable permit processing activities. Cities and towns must also follow this same law. For this reason, we have developed common cost guidance for big and small counties, cities, and towns alike. The approach used for this audit and the county specific recommendations provide a basis for understanding the functions shown above. Audit Approach - pages 2-4 Cost Revenue and Expense Analysis - pages 6-9 County Specific Recommendations - Appendix A B-2 421 Performance Audit of County Building Permit and Inspection Fees Methodologies for Allocating Allowable Costs to Specific Projects Appendix B OMB Circular A-87 is an authoritative and generally accepted practice for allocating allowable costs. This circular provides for the following two allocation methods: 1. Simplified Method The distribution base may be (1) total direct costs (excluding capital expenditures and other distorting items, such as pass -through funds, major subcontracts, etc.), (2) direct salaries and wages, or (3) another base which results in an equitable distribution. 2. Multiple Allocation Base Method The distribution base used in computing the indirect cost rate for each function may be (1) total direct costs (excluding capital expenditures and other distorting items such as pass -through funds, major subcontracts, etc.), (2) direct salaries and wages, or (3) another base which results in an equitable distribution. An indirect cost rate should be developed for each separate indirect cost pool developed. The rate in each case should be stated as the percentage relationship between the particular indirect cost pool and the distribution base identified with that pool. This is a more complicated method than the Simplified Method A complete description of both methods can be found at the OMB web site: http://www.whitehouse. gov/omb/rewrite/circulars/a087/a087-al l.html iim 422 C. Fee Determination Guidance 423 Performance Audit of County Building Permit and Inspection Fees Fee Determination Guidance Appendix C The Modified Cost/Revenue Allocation Methodology is summarized in the following steps: Step 1. Determine the total revenue collected for allowable building permit activities. This would include revenue from plan -check and inspection fees collected during the prior fiscal year. All revenue should be net of refunds. Step 2. Evaluate the prior year service level to determine if adjustments are necessary. Service - level adjustments may be necessary if current staffing levels are insufficient to complete a building permit within the required time. Adjustments may also be necessary for anticipated changes in permit activity. Step 3. Determine the total allowable expenditures associated with building permit activities. Allowable expenditures should include both the direct and indirect costs associated with administering the building permit program. Compare total plan -check and inspection revenue to total expenditures from the prior year. If prior -year activity resulted in a revenue surplus or deficit, and there are no service level adjustments made in step 2, fees should be adjusted accordingly. Step 4. Determine total square footage for building permits issued. in the prior year by permit type. At a minimum, square footage should be tracked by the following categories: New Commercial/Industrial Commercial/Industrial Additions and Alterations New Residential . Residential Additions and Alterations Step 5. Allocate plan -check and inspection fee revenues from step I proportional to square footage from step 4 to determine total revenue for each permit type. For example, if plan - check square footage from the previous year totaled 200,000 square feet, and 50,000 of this was for new residential construction, 25 percent of the plan review revenue would be allocated to new residential. Step 6. Calculate hourly rates for plan -check and building inspection. Hourly rates should include direct charges for salary and benefits and both internal and external overhead charges. Internal overhead charges, and the portion of the countywide overhead allocated to the building permit function, should be allocated to the plan -check and inspection functions using a reasonable allocation basis. C-1 424 Performance Audit of County Building Permit and Inspection Fees Appendix C An authoritative reference to assist counties in identifying a methodology for allocating indirect costs is the United States Office of Management and Budget's (OMB) Circular A-87. This circular establishes principles and standards for determining costs for federal awards carried out through grants, cost reimbursement contracts, and other agreements with state and local governments. Basic guidelines are defined by the circular that focus on factors affecting allowability of costs. Costs should be: Necessary and reasonable. A cost is considered reasonable if it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Authorized or not prohibited under State or local laws or regulations. • Consistent with policies, regulations, and procedures that apply uniformly to both Federal awards and other activities of the governmental unit. • Accorded consistent treatment. Determined in accordance with generally accepted accounting principles. Adequately documented. Indirect costs are those costs incurred for a common or joint purpose benefiting more than one cost objective and not readily assignable to the cost objectives specifically benefitted without effort disproportionate to the results achieved. Indirect costs apply to costs originating in the department (internal) as well as those incurred by other departments (external) in supplying goods, services, and facilities. Once the total plan -check and inspection costs have been determined, they are divided by the total productive hours to determine the hourly rate for each function. Adjustments to the total hours are made for vacations, sick leave, holidays, training, and administrative time to arrive at total productive hours. Hourly rates are calculated for both plan -check and inspection. Step 7. Allocate total inspection and plan -check costs to the various permit types. Total inspection and plan -check costs for each permit type are determined by multiplying the total square footage by permit type (step 4) by the average per -square -foot inspection and plan -check time by the hourly rates determined in step 6. Per -square -foot inspection and plan -check times can be obtained either from county data or industry data obtained from surveying other jurisdictions. Average inspection and plan -check times are included in the publication Establishing Building Permit Fees, 2°d Edition. These average times were determined through a survey of jurisdictions in California. Step 8. Compare total projected revenues and expenses to determine if adjustments are necessary. C-2 425 A I-900 Elements 426 M. 427 E.�County Responses • Performance Audit of County Building Permit and Inspection Fees County Responses Appendix E As required by generally accepted government auditing standards, responsible officials of each reviewed county were requested to provide their views and comments concerning the content of the audit report and their county's specific recommendations. Because of the timing of the report, some county responses were provided based on information obtained in previous drafts. This final report contains modifications based on county and legislative input and county comments may not be current given those changes. 429 Clark County 430 Performance Audit of County Building Permit and Inspection Fees prord P.M. PTOM;A;MQ 6t— CLARKWASH{COUoNrTY December 21, 2009 The Honorable Brian Sonntag, State Auditor Office of State Auditor Legislative Building, P.O. Box 40021 Olympia, WA 98504-0021 Dear Brian Sonntag: We appreciate the opportunity to review your draft report (Performance Audit of County Building Permit and inspection Fees) dated 12/18/09 that stems from Senate Bill 5120, and which includes your office's review of Clark County's building permit fee activity. Our comments are based on the report as it relates to Clark County. This is a complex legal area, and we appreciate that making a recommendation on fee setting methodology for diverse counties is not easy. We acknowledge that the fee calculation approach recommended in the report, based on one methodology identified by the International Code Council ("Establishing Building Permit Fees, 2nd Edition") is one which can produce fees calculated on a reasonable basis. Given the varied nature of the jurisdictions in the State of Washington that issue building permits, we hope that other methodologies will also be deemed acceptable provided they comply with the requirements of State law. We appreciated the courtesy and professionalism of the staff charged with conducting this performance audit. Sincerely,, / BiJI Barron County Administrator c: Bonnie Nims, State Auditor Office Brad Rafish, TKW Appendix E 431 Klickitat County 432 Performance Audit of County Building Permit and Inspection Fees KLICKITAT COUNTY BUILDING DEPARTMENT Appendix E 228 W, MAIN STRFFr, MS-CH-20, GOLDENDALE WASH NGTON 98620 PnoN6 509 773-3706. 800-583-8078 • FAX 509 773.2480 SKIP Gamins: BUILDING & COt,1PLIANCE Dina= December 17, 2009 Bonnie Nims, Sr. Performance Audit Project Coordinator Washington State Auditor's Office P.O. Box 40031 Olympia, WA 98504 RE: Performance Audit of County Building Permit & Inspection Fees Dear ivls. Nims: In response to the Performance Audit performed as per Senate Bill 5120, please find below the responses to pertinent Recommendations for Klickitat County Building Department. Recommendation 2: Counties that currently do not have an emphasis on cost recovery: o Klickitat o Pacific o Skamania o Walla Walla o Whatcom o Yakima should adopt the Modified Cost/Revenue Allocation Methodology described by the International Code Council. Response: Klickitat County will review the referenced h1forrxation described by the bnterrnatio al Code Council. Recommendation 3: Klickitat County should develop a process to track Building Inspection Department personnel's time based on actual activities performed. RRWonnse: As stated in the audit, Klickitat County currently tracks staff time by division rather than activity associated with each hour. It doesn't seem reasonable to track activities associated with each hour, rather; it seems excessive, burdensome, expensive and a waste of tax payer dollars when arriving at nearly the same result. Recommendation 4: Klickitat County should develop a County -wide cost allocation plan to accurately identify and allocate indirect County charges. 433 Response: It appears from the audit that the county most capable of tracking both direct and indirect costs has the most excessive surpluses Ibis would not appear to speak well to cost recovery methods Klickitat County, in using our prescribed method normally operates in a deficit ccs is depicted in the graph on page 16 of the audit results Eurther, the cost to Klickitat County would be sizeable in developing and maintaining a cost allocation plan. Klickitat Courtly further believes it world spend far more in tracking cost allocations than it would save by doing so. Recommendation 3: Klickitat County should create a separate enterprise fund to track building permit revenues and expenditures. Response: This has been tried with the Building Department in Klickitat County in the past with little success. As a small county, it is very difficult cult to attract qualified staff.' An enterprise fiord does not allow for a stable level of funs ing, As stated in the audit, projections are very dillcult with extensive fluctuations in permits Extreme fee changes could occur from year to year, thereby, making it very dif `icult for builders, as well as owner builders, to have arty reliance on anticipated costs. Trying to anticipate fee structures based on fluctuations in the economy seems unreasonable. As further stated in the audit, variations in revenue could result in counties reducing staffing levels in one year and re -hiring or increasing staffing levels in another. Zhis is especially difficult in a small county where recruiting quaked people is difficult at best. The loss of experienced employees would be di cult to replace in better years. .Available staff with knowledge and experience could be difficult to find Customer service could he negatively impacted After consultation with the .Klickitat County Board of County Commissioners, Klickitat County believes that the scope and extent of the audit far exceeds the actual intent of SB 5120 in that SB 5120 clearly states "an act relating to agricultural structures." In no way does Klickitat County agree with this audit nor the recommendations made by the State Auditor's Office. The cost of implementation and maintenance of the recommendations of this audit would seem to far outweigh any benefit provided to the taxpayer. For a small county with limited staff, tlse burden and costs will be extreme and difficult to comply with. The loss of experienced employees during lean years will be difficult to replace during better years. What it appears is being allowed as costs considered relative to permits is unreasonable. Costs such as post permit issuance enforcement/compliance, costs associated with development of handouts, brochures; pre -permit staff time spent on general questions, whether ultimately permitted or not; pre -permit courtesy inspections; etc, These are all costs incurred by a building department attempting to effectively serve the general public. Codes are adopted by the State of Washington under .RCW 19.27 and mandated to be Docelnba 17.2009 Page 2 434 enforced in each jurisdiction. It would seem to fly in the face of reason not to include these additional costs in carrying out the intent of the state building code. Section 5 of SB 5120 references RCW 43,09.470 which relates to Initiative Measure 900. In a small jurisdiction the recommendation of this audit will have an opposite impact than the intent of Initiative 900. In addition, Section 5 of SB 5120 states the performance audit should be based on the reasonableness of building and inspection fees permitted under RCW 82.02.020. This statute relates to impact fees where as building permit fees are codified in RCW 19.27. Klickitat County Building Department does not charge impact fees as defined in RCW 82.02.090(3). Klickitat County will document compliance with SB 5120 as it relates to agricultural structure fees. The time frame allowed by the State Auditor's Office for a response to the recommendations has been very brief: Sincerely, Skip roes, Building & Compliance Director Cc TKW Board of County Commissioners December 17.2009 Bows Nims Page 3 435 Pacific County 436 Performance Audit of County Building Permit and Inspection Fees Appendix E Pacific County Department of Community Development PLANNING • ENVIRONMENTAL HEALTH • BUILDING SOUTH BEND OFFICE LONG BEACH OFFICE Courthouse Annex 1216 W. Robert Bush Drive P.O. Box 68 South Bend, WA 98586 Website: www.co.pacific.wa.us (360)875-9356 FAX (360) 875-9304 Tokeland (360) 267-8356 Naselle (360) 484-7356 PACIFIC COUNTY COURTHOUSE National Historic Site December 16, 2009 Bonnie Nims Senior Performance Audit Project Coordinator Washington State Auditor's Office 7013 Sandridge Road Long Beach, WA 98631 Website: www.co.pacific.wa.us (360)642-9382 FAX (360) 642-9387 Naselle (360) 484-7382 Tokeland (360) 267-8382 RE: Pacific County response to the performance audit of County Building Permit and Inspection Fees Dear Ms. Nims: Thank you for the opportunity to respond to the performance audit of County Building Permit and Inspection Fees. Pacific County is committed to performing to the highest standards and to addressing the issues raised by the audit. First and foremost, Pacific County questions the underlying premise and stated objectives of the performance audit. Senate Bill 5120 specifically addresses permitting for agricultural structures only and does not address building permits for all other structures. Pacific County participated in the early discussions surrounding permit fees for agricultural buildings during the past legislative session, but it seems to have expanded beyond the scope of the original question and/or concern over permitting for agricultural structures. This audit did not review our permitting fees or processes for agricultural structures. Furthermore, we believe that both the audit and Senate Bill 5120 fail to capture the essence of what a building permit represents. Pacific County contends that a building permit is a culminating activity or a milestone in a multi -faceted review process where all 437 of the parts finally come together and result in a tangible, on the ground, project. It is at the building permit stage where some of the less tangible expenses associated with the preliminary reviews, i.e., setbacks, zoning, use, height, road access, drainage, wetland impacts, floodplain impacts, utility review, etc. can be recovered. This view is even more important in our organization where we utilize a one stop permit shop housing all of the permitting functions under one organization roof, and where we have a relatively small staff that is cross trained across all programs to help improve customer service and response times. In conjunction with this, our jurisdiction does not routinely see or permit large scale subdivisions nor the large scale commercial projects typical of the larger counties; rather, we tend to permit the small "mom and pop" type of projects that require lots of time and hand holding throughout the permitting and construction process. Audit Objective 1: Determine whether eight counties agriculture, residential and commercial planning and permitting application fees are limited to what is necessary to cover direct and indirect costs associated with planning and permitting. This audit objective includes both "planning" and "permitting" application fees; however, SB 5120 and the performance audit only focus on building permitting and does not include any discussion on the planning application fees. Therefore, it is unclear as to whether the overall objective of the audit is just solely building related activities excluding any planning related permitting and/or activities. Pacific County disagrees with the comment made under Audit Objective 1 on page 6 of the audit: "Our review of prior years indicates that most counties have not consistently met this law when measured on an annual basis." Pacific County believes that this statement is misleading as attempts to measure permitting fees relative to expenses on an annual basis, as most projects, is not workable because the bulk of the work associated with the projects we review, permit and inspect typically exceed one year. As a small County, we are subject to more extreme market variations than larger more urbanized County's because a large percentage of our residential construction is for the secondary or recreational housing market. And as a result, many projects tend to take years, rather than months, to complete. This is why standards for review should be considered on a multi -year basis rather than on an annual basis. We believe the audit shows that we have met the intent of the law. Pacific County disagrees with the assumption made on page 9 of the audit: "If greater, building permits generated more revenue than necessary to cover all direct and indirect costs. If less, other county resources helped pay for permitting services." Currently, Pacific County Department of Community Development, which houses the building permit function, operates as a separate enterprise fund without any general fund support. We maintain a fund balance to ensure we can meet minimum monthly cash flow requirements and we do use building revenues from busier years to help cover building program shortfalls during slower years. These revenues are not transferred into the County's general fund nor are they used to pay for other permitting costs or other County services. The importance of having the ability to carry forward revenue is that it enables this Department to maintain adequate staffing levels with minimal disruption through different market cycles. M. Pacific County disagrees with the statement on page 10 of the audit: "Other services only benefit certain individuals or groups and are funded primarily through user fees. Building permitting is funded by a fee collected from the people who use the services." This statement is misleading and not entirely true. A primary reason why local governments conduct a building permitting and inspection program is to protect the public's health, safety and welfare. The actual consumer or benefactor of the building permit is not necessarily the one paying the fee. The consumer of that product or project includes members of the general public using those buildings either as occupant or visitors, the subsequent purchasers of a residential structure, or employees in an industrial or commercial building. There is an inherent public benefit in a permitting/inspection program that goes beyond the physical permit issued on a specific project. Conversely, the owner of a project also realizes a benefit from standardized codes and permitting. Their ability to get reasonable insurance or financing, or competitive and reasonable costs of construction are directly impacted by standardized construction and fire/life safety codes. We think the statement attributed to Pacific County page 12 is partially incorrect and/or misleading. Pacific County set its current building fees through a multi -year effort beginning in 2004 that included several public workshops, public notifications and meetings. Once these fees were set, they have not changed in the past three years. We initially reviewed the valuation data for various types of new construction provided by in the Building Safety Journal, conducted a fee/valuation comparison with other comparable jurisdictions, evaluated the actual cost & values of construction in our jurisdiction, and then established a fee structure that was reasonable to the overall public while covering the costs of doing business. The audit analysis concludes that all eight jurisdictions use varying approaches to setting building permit fees, when in reality, all eight of the sampled jurisdictions use essentially the same process: utilize the Building Safety Journal valuation data for establishing a baseline value for new construction and then modify to meet the needs and true values associated with the local jurisdiction. We agree with the discussion of unanswered questions on page 15, especially a consideration of revenue carry over, and believe that would be a good starting point for the advisory group. Pacific County disagrees with the discussion on Page 18 under "Allowable Cost Determination." The viewpoint is to narrow and does not allow for the recovery of those costs associated with a project that are outside the boundaries of processing a permit as discussed in the audit or in SB 5120. How does a local jurisdiction recover the costs of time spent with a potential applicant on a project prior to formal application submittal? Furthermore, the audit is silent on recouping the "softer" costs associated with permitting, namely the educational component, the time spent helping answer questions prior to, and during the project, the time spent talking with the concerned neighbors, the time spent coordinating certain aspects of the permit with other reviews/permits, etc. Many projects require substantial work prior to actual permit application that we don't charge for but recover after the fees are paid. Pacific County has doubts about the proposed recommendation for fee determination as stated starting on page 19. While most jurisdictions use a value based approach to setting fees, the proposed recommendation to use the "Modified Cost/Revenue Allocation Method" is simply swapping the value based approach with a square footage based approach based on 439 last year's level of permitting. In a small jurisdiction susceptible to wide swings in the market and building activity, the previous year is not necessarily a good determinate of the following year. A boom year may lead to overcharging the following year, while a bust year may lead to undercharging the following year. We don't have many commercial or industrial projects, so when we do, it will be a challenge to set a fee for the actual review/permitting of that type of project if there was not one from the year before. A value based fee system is fairer across the board for all parties. Recommendations Specific to Pacific County Recommendation 6: Pacific County should develop a process to track Community Development personnel's time based on actual activities performed. Pacific County Department of Community Development is committed to maximizing its limited staff time devoted to our core values and core mission rather than using valuable time tracking minutes attributed to specific projects. Our staff maintains monthly timesheets that tracks time by hours for work being conducted. For example, our two building inspectors spend the bulk of their time either conducting plan review, conducting inspections, researching code questions, assisting the public, etc., and whose time is accounted for as building. Our other staff members do the same. The challenge we face is for those staff members whose work transcends boundaries. Our permit technician may spend four hours processing a permit application, namely reviewing the application for completes, assembling the paperwork, entering into the system, receipting payment, making copies, setting up a file, routing to other staff members, talking to the applicant at the counter or on the phone, assembling all the reviewed work, and then issuing the permit (which is actually a series of permits — building permit, septic permit/approval, planning permit, critical areas permit, road approach, etc.). How do we track or assign their time to a specific function or cost? Or, how do we track the administrator's time who oversee the building program as one component of their broader stewardship? During the audit, we expressed that we spend approximately 25% of our time on building related issues. The percentage was derived by dividing our general responsibilities into four areas: planning, environmental health, building and administration. Some of this time maybe related to a specific project already permitted, reviewed and inspected, while other time may be spent on a code related question with applicability to three pending permits. Some days the amount of time spent on a building related issue may be eight hours, while on another day it may be '/2 hour. How does one break out this type of time? The challenges we face in this is that we are a small department, with a small staff that does a variety of different permitting. Recommendation 7: Pacific County should develop a County -wide cost allocation plan to accurately identify and allocate indirect County charges. We agree with this recommendation. In conclusion, the Performance Audit of County Building Permit and Inspection Fees appear to raise a number of issues that need further exploration and consideration. Pacific County agrees with the concept that the costs associated with a building permit should represent the costs of a local jurisdiction doing business. 0 If you have any questions, you may contact me at (360) 875-9356 or (360) 642-9382. Sincerely, Michael A. DeSimone Director Cc: Board of Commissioners Faith Taylor -Eldred, Assistant Director Bryan Harrison, County Administrative Officer 441 Pend Oreille County 442 Performance Audit of County Building Permit and Inspection Fees From: Mike Lithgow[mai Ito: M Lithgow@pendorei I le.org] Sent: Monday, December 21, 2009 8:17 AM To: Bonnie Nims Cc: Anne Nottingham Subject: RE: Performance Audit of Building Permits Appendix E Bonnie and Anne, Thanks for your hard work on this audit. The law is a little confusing and the case law seems to complicate things. Considering all of that I thought you all did a good job and snaking the process as painless and easy to understand as possible. We feel the report does an adequate job of describing Pend Oreille County's situation. Thanks again. PEND OREILLE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 625 W 4TH STREET PO BOX 5066 NEWPORT, WA 99156 2 (509) 447-6457 Cefl (509) 95 —1592 Faz (509) 4-47-5890 ® m hthgow �pendoreille.= Website www-pendoreilleco.or 443 Skamania County ." Performance Audit of County Building Permit and Inspection Fees Skamania County Department of public Works Post Office Boa 790 Stevenson, Washington 98648 Office (509) 427-3910 FAX: (509) 427-3919 November 25, 2009 For Your Review, I would like to provide you with information that you may not have been told that may clarify our time tracking in Public Works. Additional Information —Time Recording Appendix E Skamania County Public Works does track our time for the Building Department. Both Marlon and Teddi have assigned Activity Codes for various job requirements in their division. I am attaching a .pdf of their divisions report to better explain their activities and costs. 1 will also be developing a means to capture other employee's time from Public Works, i.e., Director, County Engineer and administrative staff from within Public Works and record those hours directly into Building and Well. All other Public Works employee time is internally tracked with our Cost Accounting Management System (CAMS) but is not specifically towards Building and Well when working for their division. This program is an in-house program that is used for Public Works accounting needs and not by the County Auditor's Office for payroll, which only utilizes total hours. What we do not have is specific tracking to any one permit. Inspections are grouped together but separated by residential, commercial or agricultural. Admin time is mainly for Marlon when he is completing day -today ops and plan review. Teddi's time generally is towards permits and general office work. I do plan on implementing permit tracking in 2010 with CAMS so we can see what geography and type of permits actually cost. This tracking would include permitting, plan reviews, inspections through to closing the permit. Thank you for the opportunity to respond and if you have any questions, feel free to give me a call. t✓ Larry D u Public Works Director 445 Walla Walla County ..E Performance Audit of County ,Building Permit and Inspection Fees WALLA WALLA COUNTY Community Development Department 310 W. Poplar, Suite 200 • Walla Walla, WA 99362-2$65 December 21, 2009 Bonnie Nims, CGAP Senior Performance Audit Project Coordinator Washington State Auditor's Office Dear Ms. Nims: Thank you for sending us the draft report Performance Audit of Counry Building Permit and Inspection Fees, version 4, sent by you via e-mail to me on Thursday, December 17, 2009. Please accept the following comments as the official response from Walla Walla County, in addition to the comments sent to TKW (Brad Rafish) via e-mail on Dec. 17'h and Dec. 16'h. l . It is our understanding that the numbers used in the report are just estimates, and the methodology to derive the figures is unclear. 2. For Walla Walla County, the State auditor's office should not have counted $27,500 in state grant funds as permit revenue in 2008. There'should be at least a $20,912 deficit shown for 2008. 3. For all years, not all staff costs were included in the figures shown for expenditures. 4. Walla Walla County does not share building permit funds with public works or the health department. 5. Calculation offees based on square footage is no better than calculation based on valuation. Indeed it may be worse, since a more valuable building is more complicated in construction. 6. Because Counties have to do the work after funds are received, the reliance on a surplus fund balance at the end of the year is inaccurate. Permit fees are paid one year, but the work of inspections and review may extend into the next year, or even longer, depending on the complexity of the project. This information is not presented in the report. Thank you for providing our staff with the opportunity to comment on the report. if you have any questions please feel free to contact me at: (509) 524-2621. Sincerely, -_�''4 4_e�� Tom Glover, Director cc: B. Bradley T. Blevins Appendix E 447 Whatcom County Performance Audit of County Building Permit and Inspection Fees From: Sam Ryan [mailto:JRyan@co.whatcom.wa.us] Sent: Tuesday, December 22, 2009 12:09 PM To: Bonnie Nims Cc: Darla Smith; David Stalheim Subject: Re: FW: Performance Audit of Building Permits No problem -we will reserve a room for this. Appendix E Darla and I had discussed the report and in general it was good. There are a couple of items that I'd like to address: Environmental issues are not really addressed in the report, except if a SEPA is required. This is a huge issue for local jurisdictions that are required to enforce not only state but federal regulations (IE:ESA). This is all done while processing a building permit -it is not included in the building permit fees or the report. Page 11-the statement ..."counties have historically established fees at levels believed to be reasonable and appropriate with no specific focus on the identification of the cost of providing permitting services and an attempt to recover those cost" is an incorrect statement. We have worked to limit the costs of permits to cover services rendered -it shows in the decline of revenue surplus to expenditures from 2006-2009. Page 14, we use 5 counties plus the City of Bellingham to get our permit co averages. Page 20, I think the Modified Cost/Revenue Allocation Methodology described in the ICC in Establishing Building Permit Fees is too complicated and takes away from the local jurisdictions ability to reflect their economy. There needs to some standardization but one size does not fit all. I do agree that a surplus revenue limit could be established -but it must be reasonable so that staffing levels do not bounce back & forth. Training and experience need to weigh in to the process. Thank you for the opportunity to offer comments. EEO • Yakima County 450 Performance Audit of County Building Permit and Inspection Fees Sttvtct� � t ..a -11blic Se.nrices *m 128 I nrtia 4econrl Street = Fourth Floor Courthouse -Yakima, Washington �I8yt#t (509)574-2300 • 1-800572-7354 • EAK (509) f74_2301 • wwhteo.;rakima-1vams ^3 C o R VFR-'v M. R£DIFER. P.F.. - Director December 21, 2009 Bonnie Nims Sr. Performance Audit Project Coordinator A'ashinbnon State Auditor's Office P.O. Box 40031. Olympia, WA 98504 RE: Performance Audit ofC.ounty Building Permit and Inspection Fees dated 12f I8!2009 Dear Ms. Nims: Yakima County ofi-ers the following comments regarding the subject performance audit Yakima County proposes that the language on page 13, paragraph 4 `Yakima County" be replaced with the following language that more accurately depicts the current methodology Yakima County uses in establishing building permit fees. Prior to 1995, Yakima County established its building permit fees based on the fee schedule contained in the UBC in combination with building valuations published by ICBO. Since 1995, Yakima County has established building permit fees using the t995 UBC fee schedule adjusted annually by the Seattle CPI in combination with building valuations published by ICC in the Building Safety Journal. Yakima County is presently utilizing the [CC 2004 valuation table. Recommendation No. I The Washington State Legislature should develop legislation that: Allows for thresholds of working capital from surplus building permit revenues Defines building permit processing activities and allowable expenses Specifleally allows for appropriate indirect costs. Response: Yakima County recommends that the Legislature utilize the advisory committee to assist the Legislature in developing the legislative guidelines for reserve thresholds, pennit processing activities, allowable expenses, and appropriate indirect costs. The ad dsory committee should include building official representatives. The use of the advisory committee will ensure that all facets of the permit process and the services provided are covered in the legislation. i k fRR : A rnsaMS lies! r,r'rrj:tt3Ner vvdh pits t l t"' th, Ck if l i ghn A,-t of I944 1Y pnAdhi., ? ur.y th-notrow, the hasis t of Yfif'e°,fl,.4ar,N(itror7611 P1'el't%"_err' se.t!S: t10e.pm (S:P+IG�-1 Ctlr�lFA'OrRI✓•/'Y;<rG'tr.eaif"r!g,{rCY,<tar!e.1es•,:ifP z.4'.+i.4'tR.l ,'P-VOMSVWI a, lo- O' FPO garrlrx:rer t<;gau;l7ng Yakrmft i'•rrrav't Tetlo V1 rn gnva< >ti+ar t:Fa:� rt+ranc: ;errs iille 1't C`' "d rrra" ar 5(>9,, ,4-_2C•r:. i 1 /P'tht+kaerpertaat* r.,e t "IenY aful ,xN4 steed ipr :a: i4ew rCai; aRat?(- 574,!?W h.s JA(V,aw. three dtayh prrar re,!he 11,Weteap- Fir rnn ItFerS, pfeu•r :Ise Me A`.arr's x✓ fnr may wwxe Q0't-?W-61,4S swd Olt &V a, enanrt+r deal %t14-5U-23M. Appendix E 451 Recommendation No. 2 Counties that currently do not have an emphasis on cost recovery: Klickitat Pack Skamania Walla Walla Whatcom Yakima should adopt the Modified Cost'Revenue Allocation Methodology described by the International Code Council. Respenset Yakima County does provide an emphasis on cost recover} when establishing its building permit fees. Such emphasis is inherent in the operation of an Enterprise Fund. Yakima County annually: • Forecasts the upcoming years permitting activity based on historical data and market trends; • Estimates the staffing levels and associated costs necessary to meet the projected permitting activities; • Calculates anticipated revenue based on projected permit activities using existing permit fees; and. • Compares and reconciles projected expenditures, projected revenues, existing Fund balance, and operational clash flovv needs to establish appropriate permit fees, Yakima County believes that theextent of this audit exceeds the intent outlined in S135120, which appears to have been directed at permit fees for agricultural buildings and not residential or commercial building permits. Furthermore the recommendations are requesting legislative action that would produce redundant legislation in regards to setting fees for building permit and inspection fees, which are already outlined in RCW 19.27 and by the International Code Council. Should the legislation adopt to the letter the recommendation as a result of this audit, the service levels currently being provided to the building community will be diminished, and result in higher overall fees. This result would be in violation of the intent of Initiative 900. Yakima 'County would further express concern about reliance upon legal interpretations that may not be relevant to this issue. For example, the Kitsap County v, City of Bainbridge case referenced and attached to the report is a Division fI that involved an addition to building permit fees to fund affordable housing. Thus relevance to the issue of permit fees for agricultural buildings is questionable. There is a significant body of statutory provisions that authorize the establishment of building permit fees by cities, towns and counties. Sincerely, David Saunders Yakima County Building Official CC: TKW Board of County Commissioners Vern Redifer, Public Services Director 452 F. Senate Bill 5120 453 Performance Audit of County Building Permit and Inspection Fees Appendix F CERTIFICATION OF ENROLLMENT SENATE BILL 5120 Chapter 362, Laws of 2009 61st Legislature2009 Regular Session AGRICULTURAL STRUCTURES --FEES EFFECTIVE DATE: 07/26/09 Passed by the Senate April 20, 2009 YEAS 48 NAYS 0 BRAD OWEN President of the Senate Passed by the House April 15, 2009 YEAS 96 NAYS 0 FRANK CHOPP Speaker of the House of Representatives Approved May 6, 2009, 2:04 p.m. CHRISTINE GREGOIRE Governor of the State of Washington CERTIFICATE I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5120 as passed by the Senate and the House of Representatives on the dates heron set forth. THOMAS HOEMANN Secretary FILED May 8, 2009 Secretary of State State of Washington F-1 454 SENATE BILL 5120 AS AMENDED BY THE HOUSE Passed Legislature - 2009 Regular Session State of Washington 61st Legislature 2009 Regular Session By Senators Fairley, McDermott, and Holmquist Read first time 01/14/09. Referred to Committee on Government Operations & Elections. 1 AN ACT Relating to agricultural structures; amending RCW 19.27.015 2 2 and 19.27.100; adding a new section to chapter 19.27 RCW; creating new 3 sections; and providing an expiration date. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 NEW SECTION. Sec. 1. The legislature finds that permit and 6 inspection fees for new agricultural structures should not exceed the 7 direct and indirect costs associated with reviewing permit 8 applications, conducting inspections, and preparing specific 9 environmental documents. 10 Sec. 2. RCW 19.27.015 and 1996 c 157 s 1 are each amended to read 11 as follows: 12 As used in this chapter: 13 (1) "Agricultural structure" means a structure designed and 14 constructed to house farm implements, hay, grain, poultry, livestock, 15 or other horticultural products. This structure may not be a place of 16 human habitation or a place of employment where agricultural products 17 are processed, treated, or packaged, nor may it be a place used by the 18 public; P. 1 SB 5120.SL F-2 455 1 (2) "City" means a city or town; 2 ((+2+)) (3) "Multifamily residential building" means common wall 3 residential buildings that consist of four or fewer units, that do not 4 exceed two stories in height, that are less than five thousand square 5 feet in area, and that have a one -hour fire -resistive occupancy 6 separation between units; and 7 ((+)) (4) "Temporary growing structure" means a structure that 8 has the sides and roof covered with polyethylene, polyvinyl, or similar 9 flexible synthetic material and is used to provide plants with either 10 frost protection or increased heat retention. 11 NEW SECTION. Sec. 3. A new section is added to chapter 19.27 RCW 12 to read as follows: 13 Permitting and plan review fees under this chapter for agricultural 14 structures may only cover the costs to counties, cities, towns, and 15 other municipal corporations of processing applications, inspecting and 16 reviewing plans, preparing detailed statements required by chapter 17 43.21C RCW, and performing necessary inspections under this chapter. 18 Sec. 4. RCW 19.27.100 and 1975 1st ex.s. c 8 s 1 are each amended 19 to read as follows: 20 Except for permitting fees for agricultural structures under 21 section 3 of this act, nothing in this chapter shall prohibit a city, 22 town, or county of the state from imposing fees different from those 23 set forth in the state building code. 24 NEW SECTION. Sec. 5. (1) The state auditor, in accordance with 25 RCW 43.09.470, must conduct a performance audit of the reasonableness 26 of building and inspection fees permitted under RCW 82.02.020 that are 27 imposed by eight counties, as determined by the auditor. In selecting 28 counties for the audit, the auditor must choose four counties located 29 west of the crest of the Cascade mountain range, and four counties 30 located east of the crest of the Cascade mountain range. The selected 31 counties must represent a diversity of agricultural economies. In 32 completing the audit, the state auditor must include guidance on 33 determining allowable costs, and methodologies for allocating costs to 34 specific projects. The state auditor, when developing written cost SB 5120.SL p. 2 456 F-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 allocation guidance, must consider variances in the sizes of local government entities. (2) In completing the audit report required by this section, the state auditor must establish and consult with a county government advisory committee. The advisory committee must consist of members from county and city governments and other interested parties, as determined by the auditor. (3) The state auditor must provide a final audit report to the appropriate committees of the house of representatives and the senate by December 31, 2009. (4) Revenues from the performance audits of the government account created in RCW 43.09.475 must be used for the audit required by this section. (5) This section expires July 1, 2011. Passed by the Senate April 20, 2009. Passed by the House April 15, 2009. Approved by the Governor May 6, 2009. Filed in Office of Secretary of State May 8, 2009. p. 3 SB 5120.SL 457 F-3 G. Court Rulings - Building Industry Association of Southwest Washington, Pacific Lifestyle Homes, Inc., R.C. Olin, LLC, and Quail Construction, Inc. vs. Clark County 459 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF COWLITZ BUILDING INDUSTRY ASSOCIATION OF ) SOUTHWEST WASHINGTON, PACIFIC ) LIFESTYLE HOMES, INC., R.C. OLIN, LLC, and) QUAIL CONSTRUCTION, INC. ) Plaintiffs, VS. CLARK COUNTY, a municipal subdivision of the ) State of Washington, ) Defendant. ) No. 02-2-01116-1 ORDER PARTIALLY GRANTING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT THIS MATTER having come on regularly on September 8, 2008, before the undersigned judge of the above court has reviewed the records and files herein, including: I . Plaintiffs' Motion for Partial Summary Judgment; 2. Declaration of John M. Groen in Support of Motion for Partial Summary Judgment, and Exhibits attached thereto; 3. Response to Motion for Summary Judgment, and Exhibits A-C attached thereto. 4. Declaration of Christopher LaFrance in Opposition to Summary Judgment, August 28, 2008. 2008. 5. Declaration of Linda Moorhead in Opposition to Summary Judgment, August 28, 6. Plaintiffs' Reply in Support of Motion for Partial Summary Judgment. The Court has also considered the records and files in this matter, and heard the oral argument of counsel for the parties. The Court finds that there are no genuine issues of material fact regarding Plaintiffs' legal issue raised in this motion for partial summary judgment and Plaintiffs are entitled to the relief sought as a matter of law. R IT IS HEREBY ORDERED: Clark County cannot lawfully include in building permit fees the expense of code enforcement activities that occur prior to the filing of a permit application Pre -application code enforcement activities are not part of "processing applications" under RCW 82.02.020, but instead are fundamentally law enforcement activities that cannot be funded through the building permit fees authorized by RCW 82.02.020. At this time the Court is not making a ruling regarding the specific relief to the Plaintiff class or to whether or not prejudgment interest is appropriate. DONE this day of September, 2008. Honorable James E. Warme Presented by: GROEN STEPHENS & KLINGE LLP John M. Groen, WSBA #20864 Attorneys for Plaintiffs Copy received; approved as to form; Notice of Presentation waived: : CLARK COUNTY PROSECUTING ATTORNEY E. Bronson Potter, WSBA 49102 Attorneys for Defendant Clark County 461 137 Wn. App. 338, Feb. 2007 Home Builders Ass'n of Kitsap County vs. City of Bainbridge Island 462 137 Wn. App. 338, Feb. 2007 Home Builders Ass'n of Kitsap County v. City of Bainbridge Island [No. 34743-1-II. Division Two. February 21, 2007.] HOME BUILDERS ASSOCIATION OF KITSAP COUNTY ET AL ., Appellants , v. THE CITY OF BAINBRIDGE ISLAND, Respondent. [1 ] Appeal - Review - Issues of Law - Standard of Review. Questions of law are reviewed de novo. [2] Appeal - Review - Issues Not Raised in Trial Court - Discretion of Appellate Court. An appellate court has the discretion to consider claims of error that were not first raised in the trial court. [3] Appeal - Review - Issues Not Raised in Trial Court - Court Rules - Effect. RAP 2.5(a) allows but does not compel an appellate court to refuse to review claims of error that were not first raised before the trial court. [4] Appeal - Review - Issues Not Raised in Trial Court - Purpose of Prohibition. The general rule that an appellate court will not review claims of error that were not first raised in the trial court reflects the policy of encouraging the efficient use of judicial resources. [5] Appeal - Review - Issues Not Raised in Trial Court - Judicial Economy. An appellate court may consider an issue raised for the first time on appeal if the efficient use of judicial resources would not be served by declining to consider the issue. [6] Appeal - Review - Issues Not Raised in Trial Court - Issue of Public Importance - No Existing Authority. An issue involving a matter of significant interest to the public and government decision makers and concerning which there is no existing authority is one that may properly be considered for the first time on appeal in the best interest of wise use of judicial resources. [7] Statutes - Construction - Statutory Language - Plain Meaning - In General. When interpreting a statute, a court first seeks to determine the statute's plain meaning from the statutory language alone. Only if the statute is ambiguous will the court resort to aids of construction, such as legislative history. [8] Municipal Corporations - Development Fees - Statutory Prohibition - Exceptions - Burden of Proof. For purposes of RCW 82.02.020 , which prohibits local governments from imposing any tax, fee, or charge, directly or indirectly, on the development, subdivision, classification, or reclassification of land except as specifically authorized by the statute, the burden of establishing a statutory exception is on the party claiming the exception. Where the party claiming the exception is a local agency, the local agency has the burden of demonstrating that the claimed exception applies. [9] Municipal Corporations - Development Fees - Statutory Prohibition - Exceptions - Cost Recovery Permitting Fee - Authorized Costs - Reasonableness of Fee - Burden of Proof. That portion of RCW 82.02.020 allowing local governments to charge reasonable fees on building permit applications based on the costs of processing applications, inspecting and reviewing plans, and preparing environmental statements is an exception to the statute's general rule prohibiting local governments from imposing any tax, fee, or charge, directly or indirectly, on the development, subdivision, classification, or reclassification of land. When the validity of a building permit fee is challenged on the basis that it exceeds what is allowed by the cost -recovery exception, the burden is on the local government to show that the fee is limited to the statutorily authorized costs and that the fee is reasonable. [10] Statutes - Construction - Unambiguous Language - Plain Meaning - In General. When a statute's meaning is clear on its face, a court is constrained to interpret the statute according to its clear meaning. The expansion of a statute beyond its clear meaning is a matter for the legislature, not the courts. [11 ] Municipal Corporations - Development Fees - Statutory Prohibition - Exceptions - Cost Recovery Permitting Fee - Authorized Costs - Scope - Limitation. Under RCW 82.02.020, the only costs a local jurisdiction may use as the basis of a reasonable fee charged to an applicant for a land development or construction permit are the costs of "processing applications, inspecting and reviewing plans, or preparing detailed [environmental] statements." No other costs are allowed; nor may the statutorily allowed costs be read so broadly as to include all costs that may be attributable to a local jurisdiction's building and planning department.[12] Municipal Corporations - Development Fees - Statutory Prohibition - Exceptions - Cost Recovery Permitting Fee - Authorized Costs - Reasonableness of Fee - What Constitutes. For purposes of RCW 82.02.020 , which allows local governments to charge reasonable fees to applicants for building and land development permits based on the costs of processing applications, inspecting and reviewing plans, and preparing environmental statements, "reasonable" means "being or remaining within thebounds of reason: not extreme: not excessive." Whether a fee is "grossly disproportionate" is not the standard for determining whether the fee satisfies the reasonableness requirement. [13] Municipal Corporations - Development Fees - Statutory Prohibition - Exceptions - Cost Recovery Permitting Fee - Authorized Costs - Reasonableness of Fee - Reviewability. For purposes of RCW 82.02.020 , which allows local governments to charge reasonable fees to applicants for building and land development permits based on the costs of processing applications, inspecting and reviewing plans, and preparing environmental statements, the reasonableness of a local jurisdiction's fee is a matter that is subject to judicial review. 463 Nature of Action: Action challenging the validity of a city's increase in its building permit fees Superior Court: After entering a partial summary judgment in favor of the city, ruling that the fees did not constitute an unlawful tax, the Superior Court for Kitsap County, No. 01-2-01773-1, Leonard W. Costello, J., on August 19, 2005, entered a judgment in favor of the city, ruling that the increased fees were reasonable and dismissing the plaintiffs' claims. Court of Appeals: Holding that the city has the burden of establishing the statutory validity of the fee increases and the reasonableness of the fees, the court reverses the judgment and remands the case for further proceedings. Richard M. Stephens (of Groen Stephens & Klinge, L.L.P. ), for appellants. Dan S. Lossing and Rosemary A. Larson (of Inslee, Best, Doezie & Ryder, P.S. ), for respondent ¶1 Van Deren, J. - The Home Builders Association of Kitsap County, Hillandale Homes, L.L.C., Jefferson Properties, Inc., and Andy Mueller Construction Co. (collectively Home Builders) appeal the trial court's finding that the city of Bainbridge Island's (City) fees for building permits are reasonable and do not violate RCW 82.02.020. Home Builders assign error to the trial court's findings of fact and conclusions of law, urging de novo review by this court because the trial court: (1) erred by placing the burden of proof on Home Builders, (2) used the wrong standard to determine if the City's fees were reasonable, and (3) erred by concluding that the reasonableness of the costs the City included in calculating its permit fees was a political judgment beyond judicial review. ¶2 We hold that the burden of showing that the fees comply with a statutory exception and are reasonable rests with the City. Because we cannot resolve disputed factual assertions decided under the wrong burden of proof, we remand to the trial court to determine whether the City's fees are (1) limited to those the legislature specified and, if so, (2) reasonable in light of the statutory limitations placed on the fees the City may impose. FACTS ¶3 The City charges fees for issuing building permits. The fees may include a building permit fee,afua plan check fee,« 2»a planning review fee,«3vand a drainage review fee. «4» ¶4 "The City accounts for and tracks its revenues and expenses in different funds" Clerk's Papers (CP) at 174. The current expense fund holds the City's revenues that are not required by law to be placed in a separate fund. The revenues in the current expense fund are primarily collected through general taxes. All fees and costs associated with processing ministerial building permits are accounted for in the building subfund. «r»The building permit fee is collected to cover a portion of the City's costs in processing building permit applications. ,,2»The plan check fee covers a portion of the costs associated with reviewing the application plans and specifications for compliance with the technical requirements of the Uniform Building Code. {3 The planning review fee covers a portion of the costs associated with the Current Planning Division's review of planning issues. «4»The drainage review fee covers a portion of the work done on reviewing the adequacy of the proposed storm water drainage provisions. ¶5 The City allocates overhead costs to the building subfund. The City's accounting practices, including the allocation of overhead costs to various departments, comply with standards of municipal accounting and cost allocation. Trial exhibit 18 included a cost recovery survey for other cities in western Washington, indicating that the fees the City charged "do not appear to be out of line." CP at 1181. ¶6 The director of finance and administrative services for the City testified that the fees the City charged do not cover all costs incurred to process the permit applications or review the plans submitted with the applications. He further testified that in 1999 and 2000, the fees covered between 68.6 percent and 70.6 percent of the costs that were calculated based on numerous direct and indirect costs to the City of regulating building and development within the i Mi City and maintaining a planning department. The City's cost calculation includes such items as the cost of the city hall building ownership as well as certain legal fees incurred by the City. The City's collected building permit fees are insufficient to fund the City's costs to regulate all building within the City. The City deposited funds into the building subfund from the current expense fund to account for the insufficient funds in the building subfund. a5» ¶7 In order to fund an affordable housing program, the City needed to either increase revenues or decrease expenditures out of the current expense fund. On December 8, 1999, the city council adopted Resolution No. 99-31 that increased the building permit fee and the fee for planning review. The resolution was titled: A RESOLUTION OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON RELATING TO THE IMPOSITION OF A SURCHARGE ON BUILDING PERMIT FEES AND PLAN REVIEW CHARGES FOR THE PURPOSE OF PARTIALLY ,,5„"In 1999, the City transferred $1,100,000 from the Current Expense Fund to the Building and Development Services Fund" to account for the deficit "and in 2000, the City transferred $1,455, 000." CP at 177. FUNDING AN AFFORDABLE HOUSING TRUST FUND AND AMENDING SECTION 9 OF THE BAINBRIDGE ISLAND FEE SCHEDULE.\ [61 CP at 185. The building permit fee was increased from 100 percent of the amount shown in the Uniform Building Code (UBC) to 110 percent of the amount in the UBC. The City also increased the fee for planning review from 10 percent of the building permit fee to 20 percent. "The Resolution did not increase the plan check fee." CP at 1180. ¶8 Home Builders filed a class action lawsuit against the City on behalf of all persons or entities that paid building permit fees in the City after passage of Resolution 99-31. Home Builders originally challenged the City's building permit fee increase, arguing that the City raised the fees for a purpose other than processing building permits, violating RCW 82.02.020. ¶9 Both Home Builders and the City moved for summary judgment. Home Builders argued that, as a matter of law, the fee increase violated RCW 82.02.020 because the City intended to use the funds from the building permit fee increase to support the affordable housing project, not to cover costs of processing building permit applications, and that the building permit fee increase was an illegal tax. ill The City argued that (1) the increase in building permit fees was not an illegal tax in violation of RCW 82.02.020 and (2) the building permit application fees were "reasonable fees" permitted by RCW 82.02.020 to cover the cost of processing the building permit applications and inspecting and reviewing building plans. ¶11 The trial court denied Home Builders' motion and granted the City's summary judgment motion in part. It agreed that, as a matter of law, the building permit fees were not an illegal tax. The trial court reserved for trial the issue of whether the building permit fees were "reasonable fees" to cover the cost of processing building permit applications. After trial, the court found for the City, issuing a memorandum decision, stating that the fees were reasonable and dismissed Home Builders' claims. 1112 Home Builders appeal; a7»claiming seven assignments of error relating to the trial court's findings of fact and conclusions of law and stating the issues pertaining to the assignments of error as questions of law. ANALYSIS I. THE STATUTORY LANGUAGE ¶13 Subject to identified statutory exceptions in RCW 82.02.050 through RCW 82.02.090 , RCW 82.02.020 forbids the imposition of any fee, either direct or indirect, on construction activities. But it expressly allows an exception to this general rule to cover cities' costs to process building permit applications, inspect and review plans, or prepare State Environmental Policy Act (SEPA)a8»statements: 465 Except as provided in RCW 82.02.050 through 82.02.090, no county, city, town, or other municipal corporation shall impose any tax, fee, or charge, either direct or indirect, on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building or building space or appurtenance thereto, or on the development, subdivision, classification, or reclassification of land. However, this section does not preclude dedications of land or easements within the proposed development or plat which the county, city, town, or other municipal corporation can demonstrate are reasonably necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply. «7»Home Builders first filed for direct review by the Washington Supreme Court under RAP 4.2(a)(3). The Supreme Court denied review and transferred the appeal to us. «a»Ch. 43.21 C RCW. Nothing in this section prohibits cities, towns, counties, or other municipal corporations from collecting reasonable fees from an applicant for a permit or other governmental approval to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21 C RCW. RCW 82.02.020 (emphasis added). II. STANDARD OF REVIEW 114 Home Builders first argue that the trial court erred in placing the burden of proof on them to disprove the reasonableness of the City's fee calculation for processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW. They also challenge the standard used to determine whether the fees were reasonable and the scope of judicial review of costs used to set the fees. (1-5A15 We review legal questions de novo. 0n Sunnyside Valley Irrigation Dist. v. Dickie , 149 Wn.2d 873, 880, 73 P.3d 369 (2003). The City asserts on appeal that Home Builders cannot raise these issues because they did not properly preserve them at trial. But Home Builders appeal the trial court's final judgment and its conclusions of law, and the City answered these same claims and fully briefed them on appeal. See RAP 2.2(a)(1). "The appellate court may refuse to review any claim of error which was not raised in the trial court." RAP 2.5(a) (emphasis added). Our refusal to review is not compulsory. See RAP 2.5(a). The rule that appellate courts will not review errors not raised in trial court reflects the policy of encouraging the efficient use of judicial resources. State v. Scott , 110 Wn.2d 682 , 685, 757 P.2d 492 (1988). Here, declining to address the legal 09uHome Builders also challenge findings of fact 9, 10, 14, 16, 17, and 18. Findings of fact are reviewed by this court for substantial evidence. Wenatchee Sportsmen Assn v. Chelan County, 141 Wn.2d 169 , 176, 4 P.3d 123 (2000). But because we hold that the trial court erred in not first requiring the City to demonstrate its compliance with the specific statutory exceptions to the prohibition on development fees, we do not reach the factual contentions based on the erroneous placement of the initial burden of proof. issues would not serve to encourage the efficient use of judicial resources and we, therefore, address Home Builders' legal issues. ('6J¶16 The legal issues Home Builders raises are essential to every trial court's consideration of a permit fee challenge under RCW 82.02.020 . They are a matter of significant interest to the public and to governmental entities that regulate building and development; and, therefore, it is in the best interest of judicial resources if we address them here. Scott , 110 Wn.2d at 685 . It is of particular importance because we can find no authority interpreting whether the legislature intended to identify the bases of the questioned fees as an exception to the general prohibition of fees on construction and the corresponding allocation of the burden of proof under RCW 82.02.020 . M* (7.M17 Home Builders' challenge requires that we interpret RCW 82.02.020 . When interpreting a statute, we first look at its plain meaning from the statutory language itself. Cerrillo v. Esparza , 158 Wn.2d 194 , 201, 142 P.3d 155 (2006). Only if the statute is ambiguous do we resort to aids of statutory constructions, including legislative history. City of Olympia v. Drebick , 156 Wn.2d 289, 295, 126 P.3d 802 (2006). III. EXCEPTION TO PROHIBITION ON FEES AND BURDEN OF PROOF [8, 9n18 Home Builders argue that the trial court erred in placing the burden of proof on them to disprove the reasonableness of the City's fees. Relying on Isla Verde International Holdings, Inc. v. City of Camas , 146 Wn.2d 740 , 49 P.3d 867 (2002), they assert that a party claiming an exception to a rule, here, the City, bears the burden of demonstrating that the claimed exception applies. The City disagrees, arguing that the trial court did not err in placing the burden of proof on Home Builders. The City asserts that the burden of proof falls on the party challenging a fee's reasonableness. 119 On appeal, Home Builders have not challenged the constitutionality of, or inherent power of, the City to impose these fees but argue that the costs included in calculating the fees do not fall within the legislative exception. Thus, the general rule that a party challenging the reasonableness of a fee bears the burden of persuasion does not apply and the cases the City relies on are inapposite.a10))The City is correct that the burden of proof rests with any challenger who asserts that a fee or tax is invalid or unconstitutional because it is unreasonable. See Thurston County Rental Owners Assn v. Thurston County, 85 Wn. App. 171 , 931 P.2d 208, review denied , 132 Wn.2d 1010 (1997) (the party who challenges the reasonableness of the fees bears the burden of proof). But Home Builders challenge whether the City's fees fall within the allowed statutory exceptions to RCW 82.02.020 . 120 In Isla Verde , our Supreme Court held that, for purposes of RCW 82.02.020 , the burden of establishing a statutory exception is on the party claiming the exception. Isla Verde, 146 Wn.2d at 759 . RCW 82.02.020 prohibits a city from collecting fees except for (1) involuntary impact fees permitted under RCW 82.02.050 through RCW 82.02.090 , (2) dedications of land, (3) easements, and (4) "voluntary agreements that allow a payment in lieu of dedication of land or to a mitigate direct impact ... of a proposed development." Isla Verde , 146 Wn.2d at 753 -54. But RCW 82.02.020 also allows and itemizes exceptions for reasonable fees based on costs of processing applications, inspecting and reviewing plans, and preparing SEPA statements. «To» Brown v. City of Yakima , 116 Wn.2d 556 , 807 P.2d 353 (1991); Louthan v. King County, 94 Wn.2d 422 , 617 P.2d 977 (1980); Teter v. Clark County, 104 Wn.2d 227 , 704 P.2d 1171 (1985); Hillis Homes, Inc. v. Pub. Util. Dist. No. 1 of Snohomish County, 105 Wn.2d 288, 714 P.2d 1163 (1986); Prisk v. City of Poulsbo , 46 Wn. App. 793, 732 P.2d 1013 (1987); Lincoln Shiloh Assocs. v. Mukilteo Water Dist. , 45 Wn. App. 123, 724 P.2d 1083 (1986). 121 In Isla Verde , a developer challenged the legality of a 30 percent "open space"allhset aside, and the court analyzed whether the set aside fell under the exception for dedications of land in RCW 82.02.020 . Isla Verde , 146 Wn.2d at 755 -60. Our Supreme Court held that " RCW 82.02.020 requires strict compliance with its terms'; thus, "[a] tax, fee, or charge, either direct or indirect, imposed on development is invalid unless it falls within one of the exceptions specified in the statute." Isla Verde , 146 Wn.2d at 755 . 122 RCW 82.02.020 's provision allowing cities to collect reasonable fees for processing applications, inspecting and reviewing plans, or preparing detailed statements required by SEPA is an express exception to its general prohibition of fees on development projects. Here, the trial court did not analyze whether (1) the City's building permit fees were fully within the allowable exceptions to RCW 82.02.020 or (2) the actual fees imposed were limited to RCW 82.02.020 's identified exceptions. The only issue at trial was whether the City's costs and the resulting fees were reasonable. This prevented Home Builders' challenge to whether the imposed fees were an allowable exception because the City was not required to show that the fee calculation was limited to the legislatively specified costs of processing applications, inspecting and reviewing plans, or preparing SEPA statements. The City argued and the trial court agreed that the entire cost of the City's regulation of building within its city limits was the proper basis of the fees charged. 123 Because these fees are, by statute, an exception to the general prohibition against fees on construction and development, the City must show that its fees fall within the specific exception and that they are reasonable. Thus, the trial court erred and we vacate and remand the case for further proceedings allocating the burden of proof to the City. 467 «»u" "'[0]pen space(s)" [is] defined [as an area] set aside and suitable for active or passive recreation."' Isla Verde , 146 Wn.2d at 746 n.2 (quoting former CAMAS MUNICIPAL CODE 18.62.020. IV. COSTS USED TO CALCULATE PERMIT FEES UNDER RCW 82.02.020 [10, 11J¶24 Because the issue of which costs are used in determining whether the City's fees comply with the exceptions in RCW 82.02.020 will arise on remand, we examine the statute's exceptions. RCW 82.02.020 is not ambiguous. The legislature clearly prohibited cities from imposing fees on construction or development unless those fees were specifically allowed by statute. The legislature itemized the costs to be used as a basis for reasonable fees charged to permit applicants. Those fees are based on costs of "processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter RCW 43.21 C RCW [SEPA]." RCW 82.02.020. 125 The City would have us read these costs broadly, to include all costs the City attributes to its building and planning department. In support of its position, it produced a cost recovery survey for other cities in western Washington. The survey persuaded the trial court that the fees the City charged were comparable. But there is no evidence in the record before us that the basis of the survey was RCW 82.02.020 's limitation on fees to the costs of processing applications, inspecting and reviewing plans, or preparing detailed statements required by SEPA as the basis of the fees charged by various cities. 126 The trial court also heard testimony from the City's director of finance and administrative services that the fees collected by the City under RCW 82.02.020 do not cover the costs the City incurs to process the permit applications or review the plans submitted with the applications. A financial and management consultant for local governments confirmed that the City complied with guidelines for cost accounting and cost allocation for government agencies. But neither the director nor the consultant testified that the City addressed the specific costs listed in RCW 82.02.020 in calculating the fees it charges permit applicants. ¶27 We reject the City's and the trial court's expansion of RCW 82.02.020 's exception beyond the costs of processing applications, inspecting and reviewing plans, or preparing SEPA statements to include a portion of all costs allowed by accounting and cost allocation guidelines for government agencies. If the legislature meant to allow such a broad exception for the basis of fees charged permit applicants, it was capable of so stating. We are constrained to interpret the statute according to its clear meaning and we leave any expansion of this narrow exception to those charged with the duty to create laws. Dept of Ecology v. Campbell & Gwinn, L.L.C. , 146 Wn.2d 1 , 11-12, 43 P.3d 4 (2002); Dean v. McFarland, 81 Wn.2d 215, 222, 500 P.2d 1244 (1972). ¶28 Thus, the trial court erred when it reached its decision on the reasonableness of the City's permit fees based on general accounting and cost allocation principles and the City's costs of regulation, instead of focusing on evidence of costs the legislature specifically allowed in RCW 82.02.020. V. REASONABLENESS STANDARD (12J¶29 Home Builders also argue that the trial court relied on the wrong standard to determine if the City's fees were reasonable. Because this issue may also arise on retrial, we address it. The trial court concluded that the City's fees were not "grossly disproportionate" to the City's cost of regulation. CP at 1182. RCW 82.02.020 does not mention the phrase "grossly disproportionate." Home Builders assert that the "grossly disproportionate" standard is only used if there is no statutory language regarding the excessiveness of the fees. Br. of Appellant at 27. It argues that statutory language of RCW 82.02.020 specifically limits the fees permitted by RCW 82.02.020 and only allows a city to collect fees for processing building permit applications, inspecting and reviewing building plans, and preparing detailed statements. The City argues that the trial court properly focused on the reasonableness of the fees and that any error did not result in prejudice and cannot be grounds for reversal. 130 The legislature established that the proper measure of fees imposed as an exception to the general prohibition of fees on construction is that they be "reasonable." RCW 82.02.020 . Reasonable is defined as "being or remaining within the bounds of reason: not extreme: not excessive." WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY 1892 (2002). Therefore, the trial court erred in imposing the burden on Home Builders to prove that the City's fees are "grossly disproportionate." Br. of Appellant at 27. ¶31 We have held that the burden is on the City to show that the fees it imposes are fully within the statutory exceptions and are reasonable and remand the matter for retrial. During that process, evidence of the specific costs W-0 included in the fees will be before the court. If the trial court is persuaded that the City is in compliance with the legislature's limitations on these costs and fees, the City may present evidence relating to the reasonableness of the calculations and the resulting fees. VI. SCOPE OF JUDICIAL REVIEW (13A32 Home Builders also argue that the trial court erred by concluding that the reasonableness of the City's costs was a political judgment and beyond the scope of judicial review. They argue that the trial court's ruling renders the reasonableness of RCW 82.02.020 judicially unreviewable. The City counters that the trial court did review the reasonableness of the City's fees and that it concluded that the City's choice of where to house its offices was a political judgment beyond the scope of judicial review. We agree with the City. ¶33 The trial courts finding that the City's choice of office space and its legal costs are political judgments by elected City officials is correct, but it is not determinative of whether those costs are properly included in the cost calculation for the specific statutory exceptions to a prohibition on fees imposed on development. We reject Home Builders' suggestion that the trial court concluded that "the reasonableness or excessiveness of the costs [the City] incurs and passes on to fee applicants is an unreviewable 'political judgment.' " Br. of Appellant at 34. Clearly, the trial court concluded that reasonableness of the fees was judicially reviewable because it denied summary judgment on the issue and held a four -day trial on the issue of reasonableness. Thus, we hold that the trial court did not err in this conclusion. 1134 We reverse and remand for further proceedings consistence with this opinion.\ HOUGHTON , C.J., and QUINN-BRINTNALL , J., concur. me Tiger Mountain, LLC and P & L Associates vs. King County 470 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 SUPERIOR COURT OF WASHINGTON FOR SNOHOMISH COUNTY TIGER MOUNTAIN, LLC and P & L ASSOCIATES, a Washington general partnership, for themselves and all others similarly situated, Plaintiffs, V. KING COUNTY, a political subdivision for the State of Washington, NO. 03-2-05287-4 ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT I 1 i 03-?-IPS48/-4 ou l This matter came before the above -entitled Court on April 30, 2004 upon Plaintiff's Motion for Partial Summary Judgment, and upon Defendant's Cross Motion for Partial Summary Judgment. The Court reviewed memoranda of authority submitted by attorneys representing the parties, together with the following Declarations and all attachments thereto: For Plaintiff, Declaration of Dana Mower, January 19, 2004 ■ Supplemental Declaration of Dana Mower, March 15, 2004 s Declaration of Sill H. Williamson, July 10, 2003 ■ Declaration of Bill H. Williamson, January 30, 2004 • Supplemcntal Declaration of Bill H. Williamson, March 19, 2004 ■ Declaration of Raymon Holmdahl, March 19, 2004 ORDER ON MOTIONS FOR PARTIAL - 1 - superior court SUMMARY JUDGMENT Snohomish Counlycounhouse Hvereu, WA 98201 (425) 388J421 471 I For Defendant: 2 • Declaration of Michael Frawley, February, 2004 3 ■ Second Declaration of Michael Frawley, April 2, 2004 4 • Declaration of Robert V. Cowen, Jr., February 26, 2004 5 • Declaration of Jim Schaber, February 26, 2004 6 ■ Second Declaration of Jim Schaber, April 2, 2004 7 • Declaration of Craig Soper, February 26, 2004 8 . Declaration of Stephanie Warden, February 26, 2004 9 ■ Declaration of Howard P. Schneiderman, February 26, 2004 10 I I MOTIONS TO STRIKE 12 Plaintiffs Motion to Strike dated March 19, 2004 is DENIED, except for the 13 following paragraphs of Defendant's declarations which arc hcreby stricken: 14 First Declaration of Michael Frawley: 15 paragraphs 71, 96 and 269 (2nd sentence). 16 Declaration of Robert V. Cowen, Jr.: 17 paragraphs 10, 11, 28, 29 and 30. 18 Plaintiffs Motion to Strike dated April 9, 2004 is DENIED. 19 Defendant's Motion to Strike dated April 2, 2004 is DENIED, except for the 20 following paragraphs of the Declaration of Raymon Holmdahl which are hereby stricken: 21 13, 14, 19 and 20. 22 MOTIONS FOR SUMMARY JUDGMENT 23 1. Strict Interpretation. 24 RCW 82.02.020 is to be strictly interpreted as prohibiting any tax, fee or 25 charge, either direct or indirect, which does not fall within one of the exceptions 26 ORDER ON MOTIONS FOR PARTIAL -2- Supenorcoun SUMMARY JUDGMENT Snohonnuh County Cousshouse rve¢q WA 98201 (425)388-3421 472 I enumerated in said statute. R/L Associates v. Seattle, 113 Wn.2d 402 (1989); Trimen 2 Dev. v. King County, 124 Wn.2d 261 (1994); Isla Verde Intl v. City of Camas, 146 3 Wn.2d 740 (2002). 4 The exception relevant to this case is found in the fourth paragraph of the 5 statute, allowing (but not requiring) municipalities, through their own legislative 6 enactments, to collect reasonable fees from applicants for development permits to 7 cover the cost to the municipality of "processing applications, inspecting and 8 reviewing plans, or preparing detailed statements required under [SEPA]." 9 "When construing a statute, the Court must ascertain and give effect to the 10 Legislature's intent. ... Furthermore, where a statute designates a list of things I 1 whereupon the statute operates, the inference arises that the Legislature intended to 12 omit other things not listed; specific inclusions exclude implications. In re Eaton, 110 13 Wn.2d 892, 898 (1988). This principle of statutory construction was approved in the 14 context of RCW 82.02.020 in R/L Associates, 113 Wn.2d at 408. 15 King County enacted Title 27 of the King County Code to implement the 16 permit fee exception found in RCW 82.02.020. Section 27.04.040 defines "permit 17 fee" as follows: 18 'Permit fee' means a payment of money imposed upon 19 development as a condition of application for or approval of development to cover the cost of processing applications, 20 inspecting and reviewing plans or other information required to be submitted for purpose of evaluation of an application, or 21 inspecting or monitoring development activity. 22 More specifics relating to permit fees are found in Chapter 27.10 KCC. 23 To determine whether King County's permit fees strictly comply with RCW 24 82.02.020, it is unnecessary to engage in a tax/regulation analysis (known as a 25 "Covell analysis"). See R1 Associates, 113 Wn.2d at 409; Margola Associates v. 26 ORDER ON MOTIONS FOR PARTIAL .3 - SupedOTCoun SUMMARY JUDGMENT Snohomish County Cuurlhouse F,veretl, WA 98201 (425) 388-3Q 1 473 I Seattle, 121 Wn.2d 625, 637 n, 2 (1993); Cobb v. Snohomish County, 64 Wn.App. 2 451 (1992). As noted below, however, a Covell analysis may be helpful in 3 interpreting legislative intent, as applied to particular elements of King County's fee 4 structure. 5 2. Constitutional eballenee. 6 In addition to their statutory challenge to King County's permit fees under 7 RCW 82.02.020, Plaintiffs also present a State and Federal Constitutional challenge, 8 alleging an unlawful "taking." Because the instant case is totally resolvable on 9 statutory grounds, this court declines to reach constitutional issues. See Isla Verde 10 Int'l, 146 Wn.2d at 752; R/L Associates, 113 Wn.2d at 409, 410. Defendant's motion I 1 for partial summary judgment dismissing all constitutional claims is hereby 12 GRANTED. 13 3. Direct or Indirect Costs (a facial analysis). 14 A "facial" analysis of the permit fee exception to RCW 82.02,020 (subject to 15 an "as applied" analysis in section 4 below) leads the Court to conclude that permit 16 fees authorized by the statute may cover direct and indirect costs incurred by a 17 municipality in administering the development permit process. Moreover, indirect 18 costs are inclusive of operating and administrative overhead expenses attributable to 19 said permit process. Defendant's motion for Partial Summary Judgment on this issue 20 is GRANTED. The Court's conclusion is based upon the following analysis: 21 3.1 RCW 82.02.020 uses the words "direct" and "indirect" as terms of 22 significance. The underlying prohibition of the statute relates to any tax, fee 23 or charge, "direct or indirect," on construction activity. Exception number 24 one, however, relates to land dedications which are reasonably necessary as a 25 "direct" result of a proposed development. Exception number two relates to 26 ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT 4- Superior Court Snohomish County Courthouse Everett, WA 98201 (425) 388.3421 474 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 voluntary agreements to mitigate "direct" impacts resulting from a proposed development. By contrast, exception number three (which is the subject of the instant case), relates to reasonable fees to cover the cost of the permit process, without any limitation that such costs must be "direct." This omission suggests legislative intent to construe "costs" inclusively. 3.2 Both RCW 82:02.020 and KCC 27.04.040 expressly state legislative ihtent that permit fees are to "cover the cost." This expansive phrase, without express limitation, suggests an inclusive interpretation. 3.3 The usual, ordinary and commonly accepted meaning of these terms may be ascertained from Black's Law Dictionary (7th ed., 1999). cost: "The amount paid or charged for something; price or expenditure. Cf. Expense." expense: "An expenditure of money, time, labor, or resources to accomplish a result; esp., a business expenditure chargeable against revenue for a specific period." general administrative expense: "An expense incurred in running a business, as distinguished from an expense incurred in manufacturing or selling; overhead. Examples include executive and clerical salaries, rent, utilities, and legal and accounting services." direct cost: "The amount of money for material labor and overhead to produce a product:' indirect cost: "A cost that is not specific to the production of a particular good or service, but that arises from production activity in general, such as overhead allocations for general and administrative activities. — Also termed common cost." 3.4 Legislative history for RCW 82.02.020, found in the 1982 Final Legislative Report, SB 4972, explains that the permit fee exception was intended to: "cover governmehtal expenses" in processing development ORDER ON MOTIONS FOR PARTIAL - 5 . Superiorcoun SUMMARY JUDGMENT Snohomish Cmmrycournhoase Everen.wA 9s2at (425)389-3421 475 1 2 3 4 5 6. 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 applications. See also AGO 1999 No. 7, where legislative intent for this statute is interpreted as authorizing permit fees which have the "primary purpose of reimbursement of the actual costs of a regulatory program..." 3.5 King County's legislative history with respect to its current generation of permit fees (effective March 4, 1999), shows an intent to implement dual County policies that fees should equal the County's actual costs of processing permits, and to avoid imbalances in fees so that one applicant does not subsidize another to the maximum extent possible. Further, since 1989 the County has been gradually implementing a policy of withdrawing the general tax subsidy of the permitting division of DDES which had previously been, provided through the County Current Expense Fund. Frawley Declaration, §§ 95, 132 and 133. 3.6 Dana Mower, the principal owner of Tiger Mountain, LLC, plaintiff herein, states in his Supplemental Declaration, at page 5, lines 11-15, that he, in effect, has no quarrel with a municipality which charges permit fees which cover "direct labor costs, benefits and office overhead" for the permitting process. 3.7 Raymon Holmdahl, CPA, Plaintiff's expert witness, states in his Declaration at ¶ 15: I agree that direct costs and even appropriate indirect operating costs for the permit processing entities (Building Services Division and Land Use Services Division) should be included in the hourly rates charged for building and land use permits. 3.8 The measure of whether a fee is serving a regulatory function or a fiscal (taxing) function is not determined by whether it is covering a direct cost associated with aft individual applicant, or whether it is covering an indirect ORDER ON MOTIONS FOR PARTIAL - 6 - Supeliorcourt SUMMARY JUDGMENT Snohomish County coushoute Evemil, WA 98201 (425)388.3421 476 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 cost associated with the operating overhead of the permitting agency. Case law has adopted a measure which does not require that charges be "individualized" according to the benefit accruing to each fee payer, but instead focuses on the relationship of the charges to the goal of alleviating the shared burden of all persons participating in the permitting system. See Teter v. Clark County, 104 Wn.2d 227 (1985); Covell v. City of Seattle. 127 Wn.2d 874 (1995); Samis Land Co. v. City ofSoan Lake, 143 Wn.2d 798 (2001). 3.9 In many other analogous contexts the Legislature and the Courts have found regulatory fees to appropriately include indirect costs of administrative overhead. See Lakewood v. Pierce County, 106 Wn.App. 63 (2001); Smith v. Spokane County, 89 Wn.App. 340 (1997). In Merrelli v. City of St. Clair Shores, 355 Mich. 575, 96 N.W.2d 144 (1959), a building permit fee was disallowed as being a subterfuge for raising revenue to finance the general cost of government. however, the Cowl stated: We would not, of course, be construed as holding that only the direct costs (e.g., the salaries of inspectors) are chargeable to the new construction. The indirect costs, as well, of administering and enforcing the police regulation are recoverable, but they must in fact be such indirect costs, as distinguished from the costs of expanded government services, and they must be established by reasonably accurate accounting procedures.... Id. at 150. 4. Permissible Costs (an f°as-applied" analysis). The Court's analysis of each of the several elements of King County's permit fee structure involves applying the following criteria: a. A strict interpretation of RCW 82.02.020 (4th paragraph) ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT _ 7 _ Superior Coun Snohomish Counly Courthouse Everett. WA 98201 (425) J88.3421 477 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 • • b. Inclusion of indirect costs per Section 3 above. c. Consideration of the three prongs of the Covell analysis. d. Rejection of costs associated with general governmental services or which are a response to the impacts of growth and development generally. e. Rejection of costs which are disproportionately high compared to the expense of services provided to a permit applicant, or compared to the expense of alleviating the shared burden of all permit applicants. f. Rejection of the "but for" test for determining a relationship between a permit program and a governmental expense. 4.1 Except as provided in the subsections below, those discrete elements of DDES overhead which are being assigned to the permitting function of DDES (comprising approximately 85% of DDES departmental overhead), and those discrete elements of the County's Current Expense Fund which are being assigned to the permitting function of DDES (comprising approximately 5.5% of the DDES budget), are herby approved as appropriate factors in calculating permit fees under RCW 82.02.020. Partial summary judgment is GRANTED for Defendant in this regard. 4.2 Exception must be taken, however, to the portion of Current Expense Fund (CX Fund) reimbursements by DDES which relate to County Council expenses. The County Council is the legislative branch of government, and is separate and distinct from DDES and other departments performing executive functions. Its policy making role serves general governmental purposes and cannot be rationally characterized as a mere element of the DDES permitting process. There may be some limited role of the Council as a "permitting authority" for subdivisions (see RCW 58.17.110), which may be further ORDER ON MOTIONS FOR PARTIAL - 8 - Superior Court SUMMARY JUDGMENT Snohomishcounrycounhouse Everett, WA 99201 (425)388.3421 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 IS 16 17 18 19 20 21 22 23 24 25 26 explained and quantified at later hearings in this case. However, Plaintiffs Motion for Partial Summary Judgment is GRANTED to the extent that the Council's expenses are related to its legislative role. 4.3 Exception must also be taken to the portion of CX Fund reimbursements by DDES which relate to the Ombudsman. Although fuller explanation may be appropriate before the Court grants another partial summary judgment, it appears that this office is part of the legislative branch of government, and that its role is to facilitate communication and problem solving between members of the general public (not permit applicants) and government offices. That would not qualify as a cost of permit processing which should be assessed to applicants. 4.4 Exception must also be taken to the portion of CX Fund reimbursements by DDES which relate to the prosecuting attorney's office. Although fuller explanation may be appropriate before the Court grants another partial summary judgment, it appears that no distinction is being made between legal consultation with DDES on specific permit applications (which is an appropriate cost), and legal representation of the County in DDES related litigation (which would not be an appropriate cost). 4.5 KCC 27.04.040 supplements the language of RCW 82.02.020 by adding a permit cost category described as: "monitoring development activity." This needs fuller explanation, if this includes enforcement of development codes by finding violations in the field which are unrelated to a pending permit application, for example, it is beyond the scope of state law and cannot be charged to permit applicants. ORDER ON MOTIONS FOR PARTIAL . 9 - Superior court SUMMARY JUDGMENT Snohomish County Courthouse Everett, WA 98201 (425)388.3421 479 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 4.6 The "undesignated fund balance" (or "surplus revenue') accumulated by DDES from permit fees has now reached approximately $1.14 million. The County persuasively describes this as "working capital." For this purpose said amount is proportionate to the overall size of the current DDES budget relating to permit processing. Therefore, it is not evidence of inappropriate fees being charged to permit applicants. Partial summaryjudgment is GRANTED for Defendant in this regard. This surplus revenue is, however, subject to abuse, and this Court's conclusion would change if the surplus increased to a disproportionate level and assumed the character of being a revenue source rather than a necessary adjunct to the efficient processing of permits. 4.7 The five Reserve Accounts of DDES which are funded by permit fees (currently totaling some $3.4 million) are a stretch of the criteria being applied in this case. The County persuasively argues, however, that it is a prudent financial strategy to establish reserves in anticipation of future capital expenses and in anticipation of variable market trends when permit activity (and revenue) temporarily declines. Without these reserves, the permitting divisions of DDES are likely to experience occasional deficit years, which will result in increased permit fees thereafter to pay off the shortfall (as was done prior to 1999). The Court concludes that dds financial strategy, being so widely accepted in the commercial world, and being consistent with generally accepted accounting principles, is in harmony with the legislative intent of RCW 82.02.020 and KCC 27.04.040 to "cover the cost" of the permitting process. As the Court stated in Section 3.8 above, a cost analysis must focus ORDER ON MOTIONS FOR PARTIAL - 10- SupcdosCourt SUMMARY JUDGMENT Snohomish County Courthouse &acs4 WA 99201 (425) 399.3421 W 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 on the relationship of the permit fees to the goal of alleviating the shared burden of all persons participating in the permitting system (now and in the foreseeable future). The Reserve Account concept is, however, subject to abuse and the issue of proportionality will be reserved for trial, or for future summary judgment proceedings. 5. Are Kine County's Permit Fees "Reasonable"? The exception to RCW 82.02.020 authorizing municipalities to cover the cost of development permits requires that permit fees be "reasonable." This has resulted in the following issues being raised in this case: 5.1 Are the permit fees charged by DDES proportionate to covering the cost of the development permit system; or are they disproportionately high, suggesting that they are subterfuge for raising revenues to finance the general cost of government? The Court would be prepared to enter summary judgment in favor of the Defendant on this issue, except for the reservations expressed in section 4.7 above. Because of those reservations, this issue must be held over for trial, or for future summary judgment proceedings. 5.2 Are the permit fees charged by DDES unreasonably high (i.e., "gouging," in the terminology of Dana Mower) as a result of inefficiencies or policies at DDES which encourage unfair billing practices? This issue has not yet been presented to the Court for summary judgment. When it is, however, the following must be addressed: a. The presumption that legislatively established fees are reasonable. See Teter v. Clark Countv, 104 Wn.2d at 237. ORDER ON MOTIONS FOR PARTIAL - I t - Superior court SUMMARY JUDGMENT Snohomish County Coudhouse E—M. WA 98201 (425)388-3421 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 b. The Court's deference to the County Council and DDES on policy, administrative and personnel issues such as alleged mismanagement, excessive overhead, inefficiencies, failure to impose caps on fees, billable hour quotas, etc. C. The relevance/admissibility of permit fee schedules used by neighboring jurisdictions for similar development projects. See McQuillen, The Law of Municipal Corporations, § 26.32c (3rd ed.). Cf. Braam v. State, 150 Wn.2d 689, 707-708 (2003). d. The availability of an administrative remedy through KCC 27.02.040 for allegations of unreasonable fees. 6. All aspects of Plaintiff's Motion for Partial Summary Judgment are DENIED, except for that which was GRANTED in section 4.2 above. DONE IN OPEN COURT This day of 2004. 1 4- a=�2 James H. Allendoerfer Judge ORDER ON MOTIONS I:OR PARTIAL - 12 - superior Coon SUMMARY JUDGMENT Snohomish County Courthouse Everett, WA 98201 (425)389-3421 �.�...� M.��.. H. RCW 43.09.416 Performance Audit of County Building Permit and Inspection Fees RCW 43.09.416 Appendix H Auditing services revolving account - Allocation of costs to funds, accounts, and agencies - Billing rate. The state auditor shall keep such records as are necessary to facilitate proper allocation of costs to funds and accounts and state agencies served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and accounts and state agencies served. The billing rate shall be established based on costs incurred in the prior biennium and anticipated costs in the new biennium. Those expenses related to training, maintenance of working capital including reserves for late and uncollectible accounts, and necessary adjustments to billings, shall be considered as expenses of auditing public accounts. Working capital shall not exceed five percent of the auditing services revolving account appropriation. [1995 c 301 § 28; 1987 c 165 § 2; 1981 c 336 § 4.] Notes: Effective date -- 1981 c 336: See note following RCW 43.09.410. f:� MA Building Permit and Inspection Fees Comments WASHINGTON STATE ASSOCIATION OF COUNTIES Key Issues with the Report: • The report does not adequately address the two main points of the audit: 1) guidance on what direct and indirect costs should be considered in setting fees, and 2) guidance on methodologies for allocating costs (not setting fees). • The report states in several places that 5120 makes a substantive change to the current law, section 3 does not, it simply restates RCW 80.02.020. • "There is no consideration based on variances in sizes of the local entities, such as travel distance and costs, or issues of scale, based on the numbers of employees in a jurisdiction. • The report covers areas that were not intended by the Legislation. • There is nothing in the report addressing the need for a fund balance so that bills can be paid. Without a reasonable reserve, there is no way to pay expenses when due. A reasonable reserve must be considered to take care of cash flow issues and the fluctuations in the economy, seasonal permit activity, etc. Specific Comments on the Body of the Report: Report Page 4: "We were able to identify, by county, by year, whether revenues received for building permits were greater/less than expenses. If greater, building permits generated more revenue than necessary to cover all direct and indirect costs." Comment 1: Building divisions incur pre -paid fee liabilities whenever building permits are issued, because inspections paid for at the time of permit issuance may not be performed until future budget years. In years of peak permitting activity, apparent surpluses may actually reflect accumulation of permit fees paid prior to the provision of inspection services. As inspections are completed in future budget years, the past surpluses are spent down by counties. This type of pre -paid fee liability may not be recognized by General Fund accounting, but exists as a contractual matter with the holder of the building permit. Some of the annual surpluses noted in the report may in fact be cash offsets for the liability associated with pre -paid inspection services. Comment 2: The report presents fee statistics by year and indicates whether the consultant considered these annual fee collections be in excess of the indirect costs. The conclusions inferred are flawed for several reasons. First, nowhere in the report is it recognized that fees are paid for future services. That is, the inspection process can extend over two, perhaps more, fiscal years. It is an incorrect assumption to conclude that this has generated a "surplus" that has "...been used to support other services..." Moreover, the listed services, when related to the permits under management by the agency, are legitimate expenditure areas. Second, the chart on pages 4-5 may be misleading in that it is not presented in context. What portion of the whole budget do these values represent? 206 Tenth Avenue SE 9 Olympia, WA 98501 • (360) 753-1886 • Building Permit and Inspection Fees Comments WASHINGTON STATE ASSOCIATION OF COUNTIES Finally, the report states that it assumes an indirect cost for counties without an allocation plan of 25% of wages and salaries (should that actually be wages and benefits?) based in part that that is the average used by the reviewed counties that did have an indirect cost allocation plan. Yet by the reports own findings, the counties with allocation plans were not inclusive, specifically mentioning facilities, maintenance, utilities, and human resources. Recognizing this shortcoming, why did the report not attempt to address this? Related to this, indirect costs associated with other activities should also be recognized such as payroll and accounting services, legal, MIS, ER&R, insurance and other expense centers of the individual agencies. Comment 3: The TKW report appears to reflect incomplete information. There needs to be some consideration for percentage of total revenue the figures represent since they are tied intrinsically to the economy and significantly volume driven. The report offers no guidance on how such revenues should be allocated and/or averaged across a long term spectrum of economic/market fluctuations. If adjustments are to be made by jurisdictions through other means, it should be noted that counties react slowly and poorly to such economic and market fluctuations both regarding staffing decreases or increases and particularly regarding budget revenue increases. Such reactions are typically limited by appearance of fairness, due process, departmental competition for general funds and general politics. We question the value of the report as a basis for legislative decision making until such issues are addressed and more complete and useful guidance can be provided. Report Page 6: "[Building permit] Fees [established by most counties] do not necessarily have a direct relationship to those costs [to execute the planning and permitting process]." Comment 1: -rhe relationship between cost of service and valuation -based building fees has not, to my knowledge, been rigorously demonstrated by most counties. Some jurisdictions have demonstrated such a relationship, however, thereby validating the general approach. Moreover, the survey of jurisdictions in California, cited by the report itself, also demonstrates a correlation between project size and permitting costs. Project size in turn correlates well with project valuation. The report should therefore be careful in its wording to clarify that valuation is not an invalid means to scale building fees. Report Page 10: "Some counties have generated additional revenue through building permit fees and used those dollars to support other services such as planning, enforcement, fire inspections, environmental health, and public works activities." Comment 1: The report should clarify the nature of these other services, because these county services are in some cases related to the approval of building permits (e.g. planning staff may review permit applications for compliance with zoning law, public works staff may look at construction permits for flood elevation or NPDES requirements, the fire marshal may inspect construction projects for compliance with the CV ca a- 206 Tenth Avenue SE • Olympia, WA 98501 • (360) 753-1886 M Building Permit and Inspection Fees Comments WASHINGTON STATE ASSOCIATION OF COUNTIES International Fire Code, environmental health staff may evaluate building sites to approve septic systems or water availability). These costs of service are related to and incurred by building permits. Report Page 10: "Prior to Senate Bill 5120, fees received as a result of the building permitting process were available for general use." Comment 1: Whether such fee revenues were put to general use depends on whether such fees truly generated a "surplus". See my comment regarding surplus generation (report page 4). No "surplus" has existed if counties have in fact been banking fee receipts as offsets to liabilities for pre -paid inspection services. Likewise, no "surplus" has existed if counties have in fact been banking fee receipts in order to sustain Building Division minimum staffing levels and service capabilities during periods of very low permitting activity. Counties rightly expect that building fee receipts will exceed costs during budget periods of peak permitting activity, and that the reverse will occur during periods of low permitting activity. County general funds act as banks, saving excess receipts in one year, then disbursing them back to building divisions in other years. The report itself alludes to this business need for reserves in the section on "Funding Variations". See report pages 10 and 11. Comment 2: The report repeats an earlier similar statement that "Some counties have generated additional revenue through building permit fees and used those dollars to support other services such as planning, enforcement, fire inspections, and environmental health and public works activities." This statement is overly broad. Services that fit within these categories are directly related to the permitting function, that is, the service would not be necessary if it were not for the permit. The report should be revised to clarify this. Comment 3: This assumes a "surplus" or "excess" from fees received and may not reflect the advance payment of fees for future services to be rendered. Additionally, the report does go on to note that SB 5120 may adversely impact staffing stability if agencies can't plan for "up" and "down" revenue cycles. Agencies mitigate these fluctuations through proper financial planning over a multi -year time frame. This means retaining monies for future use. Report Page 11: "services provided to the general public (process/application details, general information, reporting, etc.) should be 'county' costs and paid by the general fund or included as a component of fees. Comment 1: According to the report, page 5, "Building permitting [fees] falls into this category being defined as a service fee collected from those individuals receiving the services." It thus seems reasonable that County costs incurred providing prospective applicants with information about the permit application process, or publically reporting issued permits, are permitting -generated costs that ought to be borne by the applicants seeking the service. The Allendorfer ruling in Tiger Mountain M explicitly suggests that such costs are recoverable from permit fees.ca a 206 Tenth Avenue SE 0 Olympia, WA 98501 • (360) 753-1886 1 www.wacounties.org/wsac Building Permit and Inspection Fees Comments WASHINGTON STATE ASSOCIATION OF COUNTIES Comment 2: Here the report could help clarify this issue by simply recognizing that educating persons on the permit process, helping them prepare applications, and answering public inquiries about issued permits are all usual and customary activities that are related to the permits. Report Page 12: "The state should develop specific rules establishing guidelines regarding surplus building permit process receipts." Comment 1: State guidelines regarding surplus building permit receipts imply state prescriptions on accounting methods for pre -paid permit fee liability and the funding of long-term staffing stabilization. This will be a challenge for the state to formulate and the counties to implement, and would likely further add to the cost of permit administration. Report Page 12: "Activities not associated with a specific building permit would not be considered an allowable activity [as a component of fees]." Comment 1: Some clerical, administrative, and informational services typically provided by Building Division staff support permit acceptance and approval, but associating the costs of such services directly with individual permits would be administratively burden, increase the cost of service, and provide no value to service recipients. Examples of such services include the routing of building plans for examination by county staff or contract plan checkers, responding to telephone inquiries about the permit application process, internal staff training related to building code changes, etc. Such costs are typically recovered as indirect cost components of building permit fees. The Allendorfer ruling in Tiger Mountain explicitly suggests that such indirect costs are recoverable from permit fees. The report should clarify that the costs of some activities not associated with specific building permits may be recoverable by fees. Report Page 13: "Before a county is able to calculate appropriate user fees for building permits, they must first have systems in place to determine and track the direct and indirect costs associated with these activates." Comment 1: The report makes quick mention on the top of page 13 that counties must have in place a system to track costs associated with activities, without giving much consideration on what this entails, the additional costs associated with creating and maintaining a system, and what resources are available in each of the state's 39 counties to do this. In the spirit of tracking, many functions on a specific permit may be of short duration, five to ten minutes. Establishing a methodology to quantify these would be important to assuring true cost accounting without bogging down the review process with time accounting procedures. c co a 206 Tenth Avenue SE 0 Olympia, WA 98501 • (360) 753-1886 Building Permit and Inspection Fees Comments WASHINGTON STATE ASSOCIATION OF COUNTIES The general concern with this section could be summed up by the phrase "A year does not make a trend." The approach proposed by the report, that evaluates one year's activities and projects it to the next, will lead to greater fluctuations in fees, and staffing. During periods of economic downturn it is highly likely that permit fees would need to increased over fees during normal or "boom" years due to the inflexible nature of many of the direct costs (wages) for basic service and indirect costs, many of which are fixed (e.g. facilities, utilities, human resources, rentals, legal, etc.). This could be counter- intuitive to some, where economic stimulation is sometimes facilitated through the lessening of fees and taxes. Technical Flaws in the Proposed Model: The suggested methodology intends to recover all permitting costs that are incurred within a single budget year from the permit fees collected within that same year. Some permits that are issued in a year may not receive all required inspections until subsequent years. The proper alignment of costs and revenue may span several years, thus invalidating this approach. 2. The suggested methodology is capricious. Fees would be reset annually based on past permitting activity modified by the guesses of County staff about future permitting activity. 3. The suggested methodology allocates fee revenue in linear proportion to square footage (Step 7), ignoring the increasing economies of scale in construction and in inspection services. These economies of scale have been demonstrated by some jurisdictions, and are reflected in the graduated fees of the UBC fee table, variations of which are currently used by most counties. 4. On page 6, the report states that "Most counties have not established fees with the intent to recover actual costs and ensuring (sic) that fees are no greater than what is necessary to pay for direct and indirect costs to execute the planning and permitting process." The report on page 8 proceeds to specifically indict valuation -based fees as benchmarks that do not ensure recovery of "only the costs of administering the [building permitting] program." Ironically, the methodology in Step 7 suggests that if counties do not have the detailed timekeeping by individual permit type for inspection or plan check services that is needed to calibrate fees, then counties could use benchmarks determined by survey of other jurisdictions. Since most counties do not have detailed timekeeping by activity (report page 3), most counties would have to rely on benchmarks to apply this methodology. The suggested methodology thus seems susceptible to the same criticism of the current valuation -based methodology: that unique, local permitting costs are not reflected by permit fees. 5. The suggested methodology could cause permit fees to spike up and down as permitting activity rises and falls from year to year. The more volatile the permitting activity from year to year, the LO greater the upward and downward fee spikes under this methodology, especially in smaller M IL 206 Tenth Avenue SE • Olympia, WA 98501 • (360) 753-1886 Ewe Building Permit and Inspection Fees Comments WASHINGTON STATE ASSOCIATION OF COUNTIES jurisdictions. This result occurs because total permitting costs typically cannot be scaled up or down directly in proportion with permitting activity. Assuming for the sake of argument that a County could scale down (or up) its variable permitting costs in perfect sync with fee revenues, the average full cost per building permit would still rise when permitting activity decreased, and the average full cost per building permit would fall when permitting activity increased. Why? Because some permitting costs are relatively fixed over the range of permitting activity served by counties. Two examples: • The annual license fee paid by counties for permit tracking software could be $10,000 whether a county issues 50 of 500 permits per year. • The annual paid hours of the County Building Official may also not scale up and down with permitting activity. Thus the fee -setting methodology suggested in the report, if strictly followed, would likely result in higher fees when permit activity declines, and lower fees when activity increases. The suggested methodology could produce steady fees by artificially tweaking the annual cost and revenue projections, but then what would the suggested methodology achieve in terms of fee defensibility, equity, or transparency? Examples of Indirect Costs that Cannot Be Easily Quantified or Directly Billed: • Updating the text and illustrations of our fifty-seven page Guidebook which we provide with each issued permit. • Updating the text and illustrations of numerous free informational handouts. • Answering project and code related phone, counter and email questions. • Provide copies and excerpts of codes and standards by fax, email or over the counter. • Maintaining industry recognized certifications which are also required to maintain some plans examiner/inspector job classifications. • Studying and attending training for six primary building fire and life/safety codes, five supporting codes, and multiple dozens of referenced standards manuals, all of which update on an approximate 3 year cycle. • Research a constant flow of new and alternative building products, many of which are manufactured or originate outside the United States. • Research, study and training for ever -changing industry trends and methodologies, such as LEED, Built -Green, multi -story modular, commercial/industrial scale inflated structures, site -installed truss bracing, industrial scale flash -freeze refrigeration systems, geothermal heating, hydrogen systems, solar, wind, bio-methane and other alternative energy technologies, etc. • Communication and cross training inter and intra departmental along with numerous C� other stakeholder agencies.co a 206 Tenth Avenue SE • Olympia, WA 98501 • (360) 753-1886 1 www.wacounties.org/wsac e Building Permit and Inspection Fees Comments WASHINGTON STATE ASSOCIATION OF COUNTIES Examples of Indirect Costs that Cannot Be Easily Quantified or Directly Billed (continued): • Design professional licensing verification. • Creation of new and update of existing code interpretations, ordinances and policies/procedures. • Modification of forms as necessary. • Safety, First Aid/CPR and Blood Borne Pathology training. • Interoffice general technology training. • Update and maintenance of website information. 206 Tenth Avenue SE • Olympia, WA 98501 • (360) 753-1886 aD M CU a 491 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 135 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 2/24/2009 2/24/2009 Introduction Division Head: 11/10/2009 Introduction Dept. Head: 1/26/2010 Hearin Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Ordinance staying pro -active enforcement of On Site Sewage Regulations WCC 24.05 ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate Be clear in explaining the intent of the action.) Ordinance staying pro -active enforcement of Whatcom County Code Section 24.05, On -Site Sewage System Regulations, in cases where property - owners are otherwise not transferring title or conveying real estate COMMITTEE ACTION: COUNCIL ACTION: 2/24/2009: Pulled from Introduction 11/10/2009: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www. co. whatcom. wa. us/council. 492 PROPOSED BY: Brenner & Crawford SPONSORED BY: Consent INTRODUCTION DATE: November 10, 2009 ORDINANCE NO. STAYING PRO -ACTIVE ENFORCEMENT OF WHATCOM COUNTY CODE SECTION 24.05, ON -SITE SEWAGE SYSTEM REGULATIONS IN CASES WHERE PROPERTY -OWNERS ARE OTHERWISE NOT TRANSFERRING TITLE OR CONVEYING REAL ESTATE WHEREAS, on November 21, 2006, the Whatcom County Council adopted Ordinance 2006-056, amending Chapter 24.05 of the Whatcom County Code which are regulations for On -Site Sewage (OSS) Systems in Whatcom County; and WHEREAS, on March 25, 2008, the Whatcom County Council adopted Ordinance 2008-015, further amending those same regulations for On -Site Sewage Systems in Whatcom County; and WHEREAS, the enforcement of these regulations have created a costly and unplanned -for financial burden on many of the citizens of Whatcom County who are responsibly using and operating fully functioning and environmentally safe OSS systems; and WHEREAS, these regulations as applied and enforced do not address site - specific, known pollution problems, but instead currently blanket entire areas of the County with no direct association between known pollution problems and identified sites and sources of human sewage contamination, and eventually will include all areas of the County; and WHEREAS, since these regulations were passed, many Whatcom County residents have experienced a significant reduction in their financial income, savings and planning due to economic conditions within and beyond Whatcom County, including job layoffs, investment reductions, property tax increases and cost -of - living inflation; and WHEREAS, Whatcom County has not been able to procure additional funding to directly pay for inspections and/or repairs of existing OSS systems; and WHEREAS, Whatcom County has not yet been able to provide other forms of financial assistance, such as a low -interest loan program, reduction of homeowner costs through owner self -inspection classes, and other means of reducing costs; and WHEREAS, Whatcom County government has experienced revenue shortfalls resulting in the need to implement a hiring freeze, and potentially cause future additional personnel lay-offs; and 493 WHEREAS, since the passage of the above -referenced OSS system regulations, additional specific land -use regulations have been adopted by Whatcom County which address the environmental impacts of development, such as adoption of a new Shoreline Management Program; and WHEREAS, all new OSS systems that are installed are extremely well regulated, engineered and designed, and monitored; and WHEREAS, there is no evidence that water contamination by existing OSS systems is worsening, but as systems are upgraded or replaced based on market turnover of homes, consumer and OSS system owner preference, and ongoing Whatcom County Health Department complaint response and observed potential violation enforcement, that the overall water quality of Whatcom County is improving; and WHEREAS, a.) the sale of any home in Whatcom County will still require evidence of a permitted and inspected working OSS system, b.) citizen complaint - driven enforcement is responsive and monitored, and c.) observations by Health Department officials of potential violations are responsive and investigate for compliance; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, acting as the Whatcom County Board of Health, that the provisions of the Whatcom County Code, Chapter 24.05.160A 4. and 5., related to the initiation of evaluation and reporting of existing OSS systems, as well as ongoing evaluations and reporting in future years, are hereby rescinded; and BE IT FURTHER ORDAINED by the Whatcom County Council, acting as the Whatcom County Board of Health, is hereby clarifying its intent to implement enforcement of Whatcom County Code, Chapter 24.05, by means of a.) Continued response to site -specific complaints generated by citizens, b.) Observed potential violations and enforcement follow-up by Health Department Officials, c.) permitting and regulatory processes at the time of repairing, altering or expanding an OSS system as specified in WCC 24.05.160A 1., and d.) inspection and/or enforcement and/or repair at the time of property transfer as specified in WCC 24.05.160A 12., and BE IT FURTHER ORDAINED by the Whatcom County Council, acting as the Whatcom County Board of Health, that the goals of the Washington Administrative Code 246-272A-0015 (1) (a) ["Progressively develop and maintain an inventory of all known OSS operation within the jurisdiction;"] and 246-272A-0015 (1) (g) ["Enforce OSS owner permit application, operation, monitoring and maintenance and failure repair requirements defined in WAC 246-272A-0200(1), 246-272A- 0270, 246-272A-0275, and 246-272A-0280 (1) and (2);"] will be legally and sufficiently met through the continued enforcement of monitoring and evaluation of systems by the means specified in the paragraph above, and BE IT FURTHER ORDAINED by the Whatcom County Council, acting as the Whatcom County Board of Health, that the responsibility or obligations of property owners with OSS systems in Whatcom to maintain and/or repair their OSS systems in a legal and safe manner shall continue as specified in the remainder of Whatcom County Code, Chapter 24.05, and . " BE IT FURTHER ORDAINED by the Whatcom County Council, acting as the Whatcom County Board of Health, that the Whatcom County Health Department shall modify its efforts and the OSS "Local Management Plan", as well as removal or modification of the notification schedule of Whatcom County property owners accordingly, and shall inform those existing OSS system owners who have been currently notified of the rescission of these requirements. ADOPTED this day of ATTEST: Dana Brown -Davis, County Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor 2010. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair ( ) Approved ( ) Denied Pete Kremen, County Executive Date: 495 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 34 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Council 1/5/2010 1/26/2010 Council Division Head: Dept Head: Prosecutor: Purchasin Bud el: Executive: TITLE OF DOCUMENT. Appointments on Flood Control Zone District Advisory Com.Tribal rep, Geographic ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action) Applicant: William Coleman, representing the Nooksack Tribe. Tom Westergreen and Judy Sande were appointed to fill geographic positions on the Flood Control Zone District Advisory Committee and have declined the appointments. The alternates are: Scott Bedlington, Ronald Maricle, and Mary Raines, and Jeff DeJong (new applicant) COMMITTEEACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the CounLys bsite at: www.co.whatcomwa.us1counciL E•. AB 2010-34 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE - 3 Vacancies Committee assists and makes recommendations to the Flood Control Zone District Board of Supervisors in performing flood damage repairs, maintenance and improvements, and minimizing future flood damage through prevention and management on the Nooksack River, its watershed and the other watersheds within Whatcom County. 2 representing Geographic areas 1 representing impacted cities Lummi and Nooksack representatives Alternate positions: Any person interested in serving on the advisory committee may be appointed by the board of supervisors to a list of alternate members for a period of six years. Information regarding Membership, WCC Exhibit A, Chapter 100.02.030: 2 members representing special districts, such as drainage and diking districts or flood control district subzones 2 members representing cities impacted by flooding 9 members who collectively represent a diversity of flood control zone district stakeholder interests and geographic areas throughout the county 2 members, one member representing each of the two federally - recognized Indian Tribes, after consideration of the recommendation of the Nooksack Tribe and Lummi Nation governing bodies 1 non -voting ex officio member to be selected by the Board of Supervisors from it's own members 100.02.080 When a vacancy occurs following a completed term, the board will solicit applications for the vacancy from the community as well as considering appointment from the Alternate list. 497 Applicants: The following are current Alternates on the Flood Control Zone Advisory Committee: Alternates: Scott Bedlington Richard Maricle Mary Raines Apalicants — Geoaranhic area - Wacancies Jeff DeJong Scott Bedlington (current Alternate) Richard Maricle (current Alternate) Mary Raines (current Alternate) Tribal Representative — Applicant: William Coleman j P KREMEN --_-^ - -- C011NCILMEMBER3: County Executive P��°M �Oo Barbara E. Brenner jrff :r:;�' n X"E Swv reiberford eood s� �ft.. ,�. Robert Kelly �SHIN��° JAN ' 2010 L. Ward Nelson Cart Weimer WHATCOM COUNTY C0UN;I1_ APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS • --7 ,��✓i � n%'fit', Name of board or committee -please see reverse;/nn���,rrk'��Csrr� Which position on this board are you applying for (if applicable)? Which Council district do you reside in? fk/) One () Two ( ) Three Are you'a US citizen? RA w' yes ( } no Name: Are you a registered voter? ( yes ( ) no Date: /— •%'W-- /ep Street Address: c?,:6 /--/Z Z4, �_ 4)20 City: Zip Code:"`' Mailing Address (i different from street address): Day Telephone �31a c3 3 7 7 ' _ Evening Telephone: o) _`a= 9 ts- V Z' ) Fax Number: 666) ..5- ,2_ c;2 Q,- E-mall address:, t� / .e>�' �i�r��� r�� --�✓ ���� Occupation (If retired, please indicate former occupation): Professional/Community Activities: /dr>7lt 4_. , ,:�j Education: ,'/a�!S�0f` Qualifications related toposition: Describe why you are interested in serving on this board or commission: Do you or ur spouse have a financial interest in or are you an employee or officer of any hw;1w'.,•i m agency that does business with Whatcom County? ( ) yes Ano If yes, please explain:.._ References (please Include name and daytime telephone number): Signature of applicant:­­ 7,.._A-7 As a candidate to a public board or commission, the above information will be avrilItAbiti III the County Council, County Executive, and the public, e PETE KREMEN ,�G0 M co County Executive P & s � at a- -10 COUNCILMEMBERS: Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Robert Kelly L Ward Nelson Cart Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Vame of board or committee -please see reverse: flood Cynf-rc,I Zone- a -sr'r:c Xch%'�� Csxhm.U" Nhich position on this board are you applying for (if applicable)? iA'Lk 1 n6Lt Nhich Council district do you reside in? ( ) One ( ) Two N Three Aire you a US citizen? (>d yes ( ) no Are you a registered voter? (,K yes ( ) no Vame: --,c;e)-h" it ecil,'n rrh�- rl Date: /%-- .7-7 -07 Street Address: P'p City: 42�g1,7clern Zip Code: Mailing Address (if different from street address): Day Telephone: /9',70 Evening Telephone: 3G0 Zk5 //740 Fax Number:?60 .3j41 .2,6/ l E-mail address: S�;nrrfD� ► /�?,SYI Gc��r Dccupation (If retired, please indicate former occupation): AZ­s--7,:' a 5 ��� �`�=•f '� Professional/Community Activities: filh- 9a kel gokcr7y , and l7;<ease Lxr r cl Education: Al9 k zualifications related to position: Irr-1r-wfi4 r OcL/11 %nG ite -(al"- 54- Ye Describe why you are interested in serving on this board or commission: .c fk.-trc..ld /. fie 4-0 iLoMr-'64C Aqje7.Koxrlc.1ce a4cl �e ii we1wi emu,LA A Wei Q� ►A. 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 [F yes, please explain: 2eferences (please include name and daytime telephone number): C` Aen, 251 e- Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public_ 500 lr l 11 I.i l + �� 3'r ry< Laurie Caskey-Schreiber lam- I /�C I� MAR 16 2W9 Sam Crawford Seth M. Fleetwood �j . c.C� �4S for WHATCOM COUN Robert Kelly t+ING L_ Ward Nelson COUNCIL Carl Weimer ✓'� (.�,� �n e_v� 5�i,c� W+ ltii/Xf APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Vame of board or committee -please see reverse: h0g)7 Cezv Lsr er /7Y✓ 127 40W . Nhich position on this board are you applying for (if applicable)? Nhich Council district do you reside in? V-) One ( ) Two ( ) Three are you a US citizen? (j4. yes ( ) no Are you a, registered voter? k) yes ( ) no Vame: 1G1 MR 46/0 , Date: street Address:_N00 i 6& ::ity: rl-ew Wk Zip Code: Hailing Address (if different from street address): L Day Telephone: AGO -fig¢— 92Z.g Evening Telephone: UB` 51 Z =ax Number: E-mail address: iG Dccupation (If retired, please indicate former occupation):E�— Drofessional/Community Activities: i3eA&7VE AACIVAh - 041-15� 25,✓& C96-01-17 Ahr. Mdalb �shIQLS� 400111#. ducation: qualifications related to position: aU*l4001 COyAll'_Y 5/p�/(� �o�l C�. �v��Cs � Rt �� ��R..�u�r off. �, � G��� • � � Describe why you are interested .in. serving on this board or commission: AeVJ .>o- you or your spouse have.a -financial interest in or are you an employee or officer of any Ousiness or' agency that does business with Whatcom County? O yes ( no I yes, please explain: teferences (please include name and daytime telephone number): CA4 $ATeW Signature of applicant: I -A) /v//, As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 501 1��� �urie Caskey-Schreiber i; Sam Crawford 1 Seth M. Fleetwood or .JAN 2W9 Robert Kelly L Ward Nelson T0M CO Carl Weimer •iICILLIN Ty APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS FG 00f0 COA177CdL Z--0rV<<' f.7 !si Name of board or committee -please see reverse: 19-ID v / S o/L 60177lj9I T e,<_ Which position on this board are you applying for (if applicable)? A t-T-Se A%h- E Which Council district do you reside in? ( ) One Are you a US citizen? Oq yes ( ) no V) Two ( ) Three Are you a registered voter? (7Q yes () no Name: M/f-2-y �� � Date: 1 _p.-. Street Address: PL. City: /� ALL! N �f7p�il� �',y - Zip Code: $ Mailing Address (if different from street address): Day Telephone: 3 O Evening Telephone: : 36 ��9 8 '` . 6.. 6 7 Fax Number: E-mail address:, 61?1417-/1y" l ! "C:�&/P7 Occupation (If retired, pfease indicate former occupation): Professional/Community Activities: 6j by L341ra S CZ &V T7 S 1`; U 2/A i Education: i `: 6Y&0 :::.. Qualifications related to position: L) 0S fg � 6� . 0(.o G-� � IZSfI Describe why7y6u are interested In'tdr0lbr on this board or commission.v • / Do you or your spouse have 'a fnanaa interest in or are you a emp oy or off! —6f anji basin&s or -agencj' that - Ides^'bUs" iness'v�ritipi` hat �n`IC+ounty? (�(S yes ('- t10 If yes; plus' ?lain. l/ fps r1/o . _ -_ fZ� r Gc�IU�.0- S ow PG o yEt 0'4' References (please indddd:6ame1and."- telephone number)-. . go 6 se- lW ch"Oes 2G.0 5 700 X a 3S_ Signature of applicant: Ac a ra*nAiilato to a noghlir hnaril nr r wnMiccinn thin ahnva infnrmatinn will ho availahlia th 502 J� .C' ��) Z!, 2 . ( c( < < C/ e- 67 �Q�� i CILMEMBERS: M C..0o Barbara E. Brenner Laurie Caskey-Schreiber .BAN 12 2010 Sam Crawford r Seth M. Fleetwood O z WHATCOM COUNTY Robert Kelly 9SH�N��COUNCIL L.Ward Nelson Car[ Weimer ENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS r i i ►ee reverse: 0'_" 2- 6, � � �� •t'0 Ccw applying for (if applicable)?�M cll Which Council district do you reslae in? ( ) One KTwo ( ) Three Are you a US citizen? `/4 yes ( ) no Are you a registered voter? 04 yes ( ) no Name: at A � � �� 0.1 } � S �� � )0� � ti � Date: fir✓) Street Address: /U�h��� tj City: Z1,44 "V s Mailing Address (if different from street address): Day Telephone:.43(, 6) cS - U 1 -) 3 Evening Telephone: _� r oc_) >(S 7 1� Fax Number: E-mail address:if' Occupation (If retired, please indicate former occupation): fl��'s� if'1a�t = z f Professional/Community Activities: L, �11 I�d(r ti G hr �e� ( ctd �;��3 t41—=zd� Education: L.ifA1A R S '1k44k(1L Zip Code: 'I2-(e y Qualifications related to position: •� n.�� Stu '� t.f r _)✓.jes Describe why you are interested in serving on this board or commission: 4 C t : -cr J'�' c I •1 -it 7' At, Do you or you 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 namy and dayti -1-k 1_= Signature of applicant: telephone number): V (1.r3'W", y(S' - j3 � Li As a candidate to a pub li # o�rd ork0nmission, the above information will be available to the C n Counciil` County Executive, and the public. 503 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 34 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1/15/2010 1/26/2010 Council Division Head: Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Appointment to Sumas/Everson/Nooksack Flod Control Sub -Zone committee ATTACHMENTS. Application 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.) 2 vacancies on the Sumas/Everson/Nooksack Flood Control Sub -Zone - Applicant: Larry Mades 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 CounLy's website at: www.co.whatcom.wa.us/council. 504 PETE KREMEN 1CU1N`C11tBERS: CountyE ut' �G�M �Q` Barbara E. Brenner V E s� -: ?�, Laurie Caskey-Schreiber �..v ...A Sam Crawford Seth M. Fleetwood JAN 12 20105:- Robert Kelly 9`SHI N G,� O L. Ward Nelson WHATCOM COUNTY Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse.' Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One Are you a US citizen? () yes ( ) no '%) Two ( ) Three Are you a registered voter? ( yes ( ) no Name: LARRY I MALES Date: Street Address: 7&2q OAT' &c WspznAh City: 1�� t4 Zip Code: ggA4_1 Mailing Address (if different from street address): Day Telephone: qi�(o 9330 Evening Telephone: E7j;7/1K Fax Number: 4*9 E-mail address: GL m a de s iv tzr ,cy-,c Occupation (If retired, please indicate former occupation): ( �91m Acigi-, Professional/Community Activities: ,!'I a,86,1V ' & am %aW'X� Ko'!q' Education: IMA�5�:F kS U&I P9 NTT NG- MANIVEMPA(r r/Ztrk1 Qualifications related to position: &1k19 ( .iq (,TEj) III R)ORrCOM C-)M7-y_— 4111,6- Ca SWl FT CREEK QA A F®Rl" o E We C4Z A r a -RAW p FA`fiS .5 h6VV_S7-EV0 -d1= JFV Describe why you are interested in serving on this board or commission: 1-l&'gff s r)IF' IWO C',0N6-FRn(F'D FO R 7MC-- 54FE"7'( ft I,[ EU-F)4 ( R OF 00A, COMt)A f -Y" Fig6M IV 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): Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 505 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 - 386 B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 10/13/2009 1/12/2010 Council Division Head. 1/26/2010 Council Dept. Head: Prosecutor: Purchasingl&dget7 Executive: TITLE OF DOCUMENT: Appointments to fill vacancies on the Whatcom County Planning Commission ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action) Appointments to fill year end 2009 vacancies on the Whatcom County Planning Commission. COMMITTEEACTION. COUNCIL ACTION.- 1 / 12 / 2010 : e o tt,.terk Apprtri-nee-dRa7irrey FH�st:--1-}; Hrnrcaep—First--�};—1Jrrcksrnr—& Scheduled for 1/26/2010 for reappointment of .Planning Commission members due to a procedural error 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.whatcomwaus1council, 506 WHATCOM COUNTY PLANNING COMMISSION VACANCIES 4 Vacancies - 1 in District 1, 1 in District 2, District 2 position is filling a partial term ending 12/31/2011 2 in District 3. Applicants must reside in Council District they represent. Four-year terms. District 1 - 1 Vacancy Travis Bertram Barbara Dykes David Goit Chris Hatch Jason Heck Eric Hirst Abram Jacobson Eric Jacoby Kristin Keyes-Halterman April Markiewicz Jeff Rainey Orphalee Smith Theresa Sygitowicz Jayne Uerling District 2 - 1 Vacancy filling partial term ending 12/31/11 Richard Banel John Friberg Wendy Harris Gary Honcoop Mary Beth Teigrob Scott Thompson District 3 - 2 Vacancies Travis Black Rhayma Blake Rod Erickson Alan Friedlob James Hansen Scott Hulse Aaron Kyllingmark Wyanne Lee Michelle Luke Steve Lydolph Michael Neria George White 507 PETE KREMEN County Executive G-5) E C E V COUNCILMEMBE rbara F. Brenner LEur�askey-Schreiber Sam Cra-Murd. Seth M. Fleetwood Robert Kelly L. Ward Nelson WHATCOM COUNTY Carl Weimer COUNCIL Nov 2 0 loos APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board orcommittee-please see reverse: Which position on this board are you applying for (if applicable)? b5+• 1 Which Council district do you reside in? (One ( ) Two ( ) Three Are you a US citizen? (V-yes ( ) no Are you a registered voter? (V)-yes ( ) no Name: 1 Yd1\1) S p"11 Date: Street Address: _p N yid YOW City: h2d )1190Y am Zip Code: 22-il Mailing Address (if different from street address): Day Telephone: �PD. �J?1 �'12� Evening Telephone: Fax Number: ?Ji��,�l�l �14L}� E-mail address: Y YrY Occupation (If retired, please indicate former occupation): C_W l M-'y- WY P '.T,{ f QYZ'JLt�� Professional/Community Activities: L-oCDd Education: H)" Qualifications related to position:!�"i deyeJmmhbu )jy Z , 26 Jl t) b2_0 Describe why you are interested in serving on this board or commission DY) bU i)d i )U and Jrybomin� )'" )')-n �e�Y)'i f'Yl U.Ya j 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)-?)yy) rm Signature of applicant: = .r - _�_'D_J _"n) As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. vl� 508 r, F �1, IN I f I PETE KREMEN County Executives e0yvl- V .C. COUNCILMEMBERS- Barbara E_ Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Robert Kelly L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name•of board or committee -please see reverse: Which position on this board are you applying for (if applicable)? Which Council district do you reside in? (i(.One ( ) Two ( ) Three Are you a US citizen? K yes ( ) no Name: in 6_00_art Are you a registered voter? X yes ( ) no Dater 2U0 Street Address: City: ��f 1•'Z 6 o-i Zip Code: Mailing Address (if different from street address): Day Telephone: �-f �-� �J Q�� Evening Telephone: :�6vO fax Number: E-mail address: 'Barbre:1­b� ke_s 'Z <S.- Lofia,/C'r�r Occupation (If retired, please indicate former occupation): Po-He Professional/Community Activities: Al f?Mbek- Wh4h�lm &4 D9 Cern m . • ��'� ,r6 /qCk,-y7 ber- 1,4C �( L .4 nq,, (, Education :rirS%P_�- Qualifications related to position: 'L/,c (/-C, (/ 11JA't���✓���SS/'lam i/ Describe why you are interested in serving on this board or commission: -�_ �L�i!2, 44-^Al �Z Do you or y pouse have a financiA interest in or are you an4mployee 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): yJ/� �l h ,4.7&-- b �� s E71-- � % Signature of applicant: _ �AA [,J SG✓dt F s�' As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 509 P REMEN COUNCILMEMBERS: County Executive Barbara E_ Brenner �'`j�`�-y Laurie Caskey-Schreiber �'•� Sam Crawford Seth M. Fleetwood Robert Kelly DEC 3 0 2009 1N0 L. Ward Nelson Cari Weimer WHATCOM COUNTY COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Which position on this board are you applying for (if applicable)? ! Which Council district do you reside in? ()V One ( ) Two ( ) Three Are you a US citizen? (Ryes ( ) no Are you a registered voter? Oyes ( ) no Name: Street Address: City: Mailing Address (if different from street address): Date: (� Zip Code: Day Telephone:Z4D 192C-) 1 ?)0 l Evening Telephoner 0 7 fax Number: — E-mail address: lmr0 Occupation (If retired, please indicate former occupation):.' - 4ei-L(In-c- Professional/Co mlmunitActivities: Education: Qualifications related to position: i t IL Describe you are interested in serving on this board or commission: J-P, f 1) l'l/1 _ VVI,CA 10 01 Do you or your spe�use 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: Referenc s (please include/ name and daytime telephone number): .Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. / 51�V County Executive Q'tGo M CO �shr pyG� R E C E O V wuNULMtMUMt o: Barbara E. Brenner Ea Caskey-Schreiber Sam Crawford NOV 2, p 2Q09 Seth M.Fleetwood Robert Kelly L. Ward Nelson W"TCOM COUNTY Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: plety..vi�yk!!► LOW >si d_ Which position on this board are you applying for (if applicable)? Di' lvi,cJ- I Which Council district do you reside in? (,4'One Are you a US citizen? no Name: G %V �s Pa7ti ( ) Two ( ) Three Are you a registered voter? (-- yes ( ) no Date: /1/2-0 12- ti Street Address: /6"D /36'y As City: Ci%,�e_L,4 6S-2zo Zip Code: Mailing Address (if different from street address): Day Telephone: 01?5_3 Evening Telephone: Fax Number: ?s3 E-mail address: Occupation (If retired, please indicate former occupation.): f oY -C ?e1ou �.cef Professional/Community Activities: ltt rr'e. k of CORi y 4eol %i Styyic� Education - d Qualifications related to position.: Describe why you are interested in serving on this board or cdmmission: Do you or your spouse have a financial interest in or are you an employee or officer of any business_ or igency"that does business with' 'Whatcom County? ( ) yes (4 no If yes, please explain: teferences (please include name and daytime telephone number): signature of applicant: As a candidate to -a public board or commission, the above information will be available to the County Council, County Executive, and the public. 511 PETE Count) APPLICATION c COUNCILMEMBERS: �Gont 3ry'y� Barbara E. Brenner FID-) v lone Caskey-Schreiber (� Sam Crawford lL' l�'th M. Fleetwood • z RSK �° Robert Kelly NOV, 2.3 2009 L_ Ward Nelson Carl Weimer WHATCOM COUNTY COUNCIL FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: flA'jrjX1q 6 6&'4 3:ro" - Which position on this board are you applying for (if applicable)? Which Council district do you reside in? V/ One ( ) Two ( ) Three Are you a US citizen? X yes ( ) no Are you a registered voter? A yes ( ) no Name:. �150� Date: Street Address: /001 LARPA6a City: (3a_,_rj6 iAy-% Zip Code: (Hailing Address (if different from street address): Day Telephone: 306- a-Za•S`iH Evening Telephone: Fax Number: E-mail address: J�SgJ (i• Mirr��C►�L' con Occupation (If retired, please indicate former occupation): -QjSTAJCW-ICU6ULTM-C Professional/Community Activities: T wo-a< X-111 AND A2o"o 460-% zssut'S, Asyck As SW c vt,,e�5 fi)4AT o mTQ., C -j m M. E cv4-o-n y An, vAax. 4 vp -i -ww Ar Education: &I WWII S4 Pat -111l S[.L�.ac�• Qualifications related to position: X {'M 0 TMF- C-a,,7N C- w►+cU, AND AS V,1 n5 69mAq1 rZs O ..s 552- 43t, t-a d4s A (3*&,, 9e0 jF Wtn7P L, AAD 05ML NkNxan Describe why you are interested in serving on this board or commission:SS P-414�px t^AH AN Ey'e twvo hit knyae_. � 4"' 00V�a� OFX.&dt X PEEL- *r A j0J11a2 ANP JA lfgr e - 0A'f.'tj&9) C.cw�,:ts � wwLO AW A OAxzxFm tWR.ePMAlP Vd+[cr- t'° ilie ascumaA - 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): �1�� /"�1+J • 36G•�ig3. 6�a� As a candidate to a public board or commission, the above informationwill be available to the County Council, County Executive, and the public. 512 o(,v( / V V PETE KREMEN COUNCILMEMBERS: County P��om ��� Barbara E. Brenner Executive ? ``zr1 Laurie Caskey-Schreiber 3 a Sam Crawford / rn �� 1© � Seth M. Fleetwood I_ t� WWW .� Robert Kelly s3-1' wLJ�jS�crH�a. L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee: Planning Commission Which position on this board are you applying for (if applicable)? N/A Which Council district do you reside in? One Are you a US citizen? Yes Are you a registered voter? Yes Name: Eric Hirst Date: November 9, 2009 Street Address: 1932 Rhododendron Way City: Bellingham Zip Code: 98229 Mailing Address (if different from street address): Same Day Telephone: 360-656-6690 Evening Telephone: Same Fax Number: None E-mail address: EricHirst@comcast.net Occupation (If retired, please indicate former occupation): Retired Engineer Professional/Community Activities: Bellingham Budget Advisory Committee (2004-06), Bellingham Herald Voices (2004-06), Futurewise Whatcom Steering Committee (2007-09), Bellingham Greenway Advisory Committee (2006-present) Education: PhD in Mechanical Engineering from Stanford University (1968) Qualifications related to position: I have been following and participating in,local land -use - planning and growth -management issues for the past few years. I have appeared before the county council and planning commission on the county's Shoreline. Master Program, Rural Element Update, and UGA Review. My 35-year career as a policy analyst gives me the ability to ask good questions and do the homework (including quantitative analysis) to help the planning commission make sound recommendations to the county council. _Describe why you are interested in serving on this board or commission: Whatcom County's diversity of lifestyles, landscapes, and livelihoods make it a special and wonderful place to live. To protect these terrific —even unique —characteristics requires appropriate management of growth and development. Serving on the Whatcom County Planning Commission provides an important opportunity to learn more about these issues and to advise County Council on preferred ways to balance property rights with the public;and environmental benefits of better land protection. Do you or your spouse have a financial interest in or. are you an employe c o n I ss or agency that does business with Whatcom County? No � E �. D NOV __ 9 2009 WHATCOM COUNTY As a candidate to a public board or commission, the above information wiWWWrAii Jable to the County Council, County Executive, and the public. 513 References (please include name and daytime telephone number): Dan Warner (650-3390, former County Council member), Jack :":eiss (736-2103, Beilingharn City Council), Edie Norton (527- 9101, Bellingham Planning Commission), Ted Mischiakov (220-6474, local developer) Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 514 PETE KREMEN COUNCILMEMBERS: County Executive �G0 ���, Barbara E. Brenner �P � A FU �rie Caskey-Schreiber � Sam Crawford Seth M. Fleetwood J NOV 112009 Robert Kelly L. Ward Nelson 9SN1 NG�� WHATCOM COUNTY Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board'or committee -please see reverse: l/1/I/ �1 Which position on this board are you applying for (if applicable)? t Leif Which Council district do you reside in? (fie ( ) Two ( ) Three Are you a US citizen? (e-)-ycS ( ) no Are you a registered voter? (4_)-VLs-s ( ) no Name: 4q.l 0.e Date; Street Ad ess: City: r c Zip Code: Mailing Address (if diff rent from street address): r Day Telephone: �D �Z %� "" )/ Evening Telephone: Fax Number: E-mail address: cc Occupation (If retired, please indicate former occupation): J C7r X Professional/Community Activities:. 0.✓1� O ✓� Education: P 4 4 )-AdA / { �%/ C J r Qualifications relat to position: r GC G S Describe why you are interested. in serving on this board o commission:` <Sc�G 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 tAsIn_ [f yes, .please explain: References lease include name and da tim telenumber): f (� Y pone /PY Signature of applicant: 6`117— As a: candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. - 515 PETE KREMEN `\J "" L' t 0 Ulu " COUNCILMEMBERS: County Executive cM �0� r ; ., Barbara E. Brenner (� 01 A 2Lte Caskey-Schreiber �J I� Sam Crawford Seth M. Fleetwood c r NOV 20 200g Robert Kelly 9S�ritrcy�L. Ward Nelson VV19A "COM COUNTY Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Which position on this board are you applying for (if applicable)? Which Council district do you reside in? (X) One Are you a US citizen? (k) yes ( ) no Name: tV-%C_ )C'CA`0 ( ) Two ( ) Three Are you a registered voter? (K) yes ( ) no Date: I I 1t `'j (09 Street Address: City: ►V%S Zip Code: Mailing Address (if different from street address): Day Telephone: 3Q0 - C30 Evening Telephone: '3(0o - Sri 5 - Z�G4 .Fax Number: E-mail address: ertc, c.C,CSb��we.C.�f';�11•"\l� .+n� Occupation (If retired, please indicate former occupation): 'Fo r-cs� ew_ Professional/Community Activities: Lc-I�l �=<"'S` 4 �• t�P�4\ S&..I h\ci(W-4 I"S1 , C"'Cl 1 L( L �, I 1w,10cr- T C.TS • cc.r'c� VnC.m'V>e_r cs �c3�-c,I C-riv"►M4jw% �-1 c.5S4C., , Gv%c2 Sfa" Education: �.J� t1h.�c,s��;{'� c}��.l.,o l 1"3- Qualifications related to position: 0v<-r C, <1e,C_"'Ae- CP e;xPcsse"\C>e_ 14.1 _�o<CC,3 ' 1aVIJ-vSc Describe why you are interested in serving on this board or commission: i 6e- tn+eC.8S c, wic.Ar-C, k•1Grse_ aGs'SpEc.-��•!� avk plc.v\y.. v►� +C' 'K%e- 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 (X) no If yes, please explain: References (please include name and daytime telephone number): C�rLs �AcJc,� S955-o 153 Signature of applicant: As a candidate to a p lic b a d or commission, the above information will be available to 516 c. !—vnnnjaawn MPPuCauon.t 130U1,5t%Z000) ZU:36 1ziz511m1UFA 1 -05 Pg 02-04 PETE KREMEN Gam � E C� E � � �j E 95OUNCILMEMBERS: s County Executive L . \V/ Barbara E. Brenner Laurie Caskey-Schreiber �.�� 4� Q � �Q1Q Sam Crawford Seth M. Fleetwood Robert Kelly Ward WHATCOM COUNTY L Carl Weimer COUNCIL. APPLICATION FOR APPOINTMENT TO WNATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: - /& 41Vyl (?'OVA i�i sS iC v� Which position on this board are you applying for (if applicable)? (1,✓�� ��,� Which Council district do you reside in? t . One ( ) Two ( ) Three Are you a US citizen? (X) yes (} no Are you a registered voter? yes ( } no Name: Date: Street Address: OOc�City Zip ' «.� V1ti- Zip Code: y22 I Mailing Address (if different from street address): '_Q?'JYLe_ Day Telephone: ` 5'7' S�`%0 Evening Telephone: Fax Number: h&m_ E-mail address: f�S�hG� 1-eriK. 4- n-j 0,1. �l�Yi: lr57 1,�f Occupation (If retired, please indicate former occupation): met Cerny/yybf.et - Professional/Community Activities: A// 6 , LIUUP6W W 164'ra j/il-i , WCUS4 Vier ctAL Education: Qualifications related to position: 01 A)AAr''rj'W ("wt ) au: n.w o ' o- t` mS wiLe-v rs bte m -50/ vex 1 ook4 Cr to :Ym`. Describe whpyou-.are interested in serving on this board or commission:R C�1 's2 ex -At a-Cf . a( 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 (V4)_n0 If yes, please explain: References (please include name and daytime telephone number):-—G^��r%'V Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 517 Kristin S. Keyes-Halterrrian 4004 Cedarb rook CT. Bellingham, WA. 98229 (360) 739-5890 Dear Whatcom County Council Members, Dec. 31, 2009 This letter is to introduce myself, Kristin S. Keyes-Halterman. As you are aware, I have submitted my name for the Whatcom County Planning Commission. The Planning Commission plays an important part in good governance and growth within Communities. Therefore I want to tell you why I am submitting my name for consideration to the Whatcom County Planning Commission. I am a P generation, Whatcom County resident and my family has owned and operated Park Bowl, Inc., in Whatcom County for the past 55 years. During that time, I have dedicated 23 years of my life to the general operations of our family business. An amazing thing happened to me after transitioning from a private sector employee to a private sector business owner; I became a fiscal conservative. It is not terribly difficult to own and operate a private business, but the challenges to stay in business, maintain employees and still give back to my community are becoming more difficult. In Washington State and Whatcom County, our government moves further towards heavy taxation and ever growing regulations. Twenty years ago, I would have said the best thing Whatcom County had going for it was government that interfered as little as possible with private property rights, over taxation was a non -issue and our representatives did an excellent job in facilitating economic growth. Sadly, just two decades later that climate changed. The direction became more about 'no' growth for personal or business property owners. The foundation of good government is to recognize they work for and with the taxpaying people of the community. Economic growth is demonstrated by maintaining a healthy business environment, balanced with strong public safety and infrastructure. It is the balance I desire to work towards and bring the county government back to the center. It is not my imagination that things can be fixed in a day or a year, but fixed they must be. I lived in Whatcom County during the 1970's and outside of gas lines; we currently are living in the same economic climate. Council Members, in a nutshell, these are the reasons I added my name for consideration to the Whatcom County Planning Commission. My qualifications for the position are: R 1 am an adult, property owner and resident of District 1. _ ® 1 have been a private business owner and general manager for 20+ years. d I am respectful of other people's opinions and perspectives. My friends run the gamut between Conservative and Liberal. I demand respect from others, because that fosters a safe environment for people to express themselves, openly. My approach towards solving issues is to not just look at the legalities, but to look outside of the box for solutions. It is not productive to shut out ideas, because we never know when a better one will come forth- 0 1 am capable of making difficult decisions and will not make promises that are outside of the purview of the office. • Currently attending a class on County issues and working effectively with government boards. There are many reasons that I feel qualified to take on this challenge, none of which have to do with having a larder full of degrees or volunteer:experience. I have never been asocial butterfly or attended a lot of the parties and events, which Whatcom County is famous for. I have been busy fulfilling my responsibilities as a parent and a business owner. It is a goal of mine, that in retirement; I will keep busy with volunteer work. So, I do value volunteerism and believe it has an integral part of a healthy community. Lastly, I want to thank you for all of the work that you do for Whatcom County. I can only hope to be capable of giving as much of myself as all of you have. Regards Kristin S. Keyes-Halterrri�r( 518 References: Lorraine Newman: 4035 Cedarbrook CT_, Bellingham, WA. 98229, Imn213@comcast.net , (360) 671-9210 Elliott Fine: 95 Hawthorn Rd., Bellingham, WA. 98225, e.fine@comcast.net , (360)756-9999 Mike Hudson: 1419 Euclid AVE., Bellingham, WA. 98229, mikeh@awb.org , (360) 671-9703 Harold Todhunter: 2465 S. Bakerview Park DR., Ferndale, WA. 98248, bud@todhunterglass.com , (360) 384-1916 Ellen Baker: 9945 Mt. Baker Hwy., Glacier, WA 98244, orion@telcomplus.net, (360) 599-2544 519 PETE KREMEN M CO County Executive v �A e_ " 02 u�f v L� ka bara`E! Brenner Laurie Caskey-Schreiber OCT.21 2UUg Sam Crawford Seth M. Fleetwood WHA T. COUNCIL L. Wad Nelsone n Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Planning Commission Which position on this board are you applying for (if applicable)? District 1 position Which Council district do you reside in? ( 1) One ( ) Two ( ) Three Are you a US citizen? ( x) yes ( ) no April Markiewicz Name: Street Address: 235 Milton Street City: Bellingham Mailing Address (if different from street address): Day Telephone: 360-650-6137 Are you a registered voter? ( x) yes ( ) no October 21, 2009 Date: . 98229-6504 Zip Code, Evening Telephone: 360-734-4498 Fax Number: E-mail address: apriljm@comcast.net Occupation -If retired, please indicate form er,occU.pation): Associate Director/Toxicologist I2. Professional/Community Activities: -Lake Whatcom•'Watershed Addis�ory'Board, Mayor's Neighborhood Advisor} Committee (MNAC)`, Whatcom County Health 3epGi On-slte`septic�System Subcommittee,.'Whatcom:Charter Review ommiss.ion., famish Neighbor. Assoc. -:Board of Darectors,=CampusCCommunity CoatY'tion, People ,for Rake Whatcoi WWU Professional.Staff Organization, PaC`if c NW Society of Environmental Toxicology &Chemistry, AAAS,. Education:' M.S. Environmental Toxicology, . WWU, B.S.. Fisheries .& Wildlife, Michigan. State University. ; Qualifications. related to position: Member of city/county Urban Fringe Subarea Advisory Committee 2005-06, helped re -write Samish Neighborhood.Association's (SNA) Neighborhood --Plan :and submit -it to the:B'ham Planning Commission in 2007, attended Bellingham Planning Academy.2006 as the SNA rep on MNAC; worked with Samish residents to.identify traffic calming &.TIP priorities, & submitted to city.of Bellingham Describe v ilj� :you are lntere$ted in` SerVing :on this board Or commission:.= .have. a: keen interest .in 2ielpin9 my community and the=:county.as.a whole as we face continued growth an the challenges it wi ring. 1. Am a staunch supporter of the GMA to reduce:urban sprawl and.protect;.our valuable county ag lands and :natural resources. I believe infill.and appropriat.ely.define.d.UOAs can.accommodate growth in a manner that is acceptable to residents,' ocal.municipa sties, and the county. As a scientist I can eva.,uate-issues logically, seck.solutions.that,provide the most loncg7-term benefit(s) to the community in a,collaborative manner and take,the lead as needed..to :make .difficul-t decisions in making recommendations�to the.counGil. 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-Whateom Cdunty? ( )yes (X) no -If yes, please explain i_th!nk.there%ynighti.be some: -interaction between :Western -Washington University and .the . County, however I: am. not .personally. -iriv'olved�.in • that:-xntQirict-fo t,'i! ,My salary is paid fully' by 'the 'state. References -(please include' name and.Aaytime. teie�.hoiie riWmtier) Robin .Matthews.;. Director, WWU Institute ,for.Watersiied "Studies,•, 650:=350.7, Robin:MatthevrsTim Wynn;" Director, .WWI7 Facilities :Management, 650--3496, Tim.Wynn@ww. edu, and Sue,Tayjor, Wild. _Pirtl,.Garden.-and Nursery,.,67I-3891,:..Slaay o �comcas€ net r:. Sighatdnr of applicant:_ As a candidate to a .public board or commission, the above information. will be available to the County Council, County Executive, and the public. 520 1jl/2/200� 11: 43 3605951103 RAINEY FARMS f IIIJ jlo,, jr- db� V' PAGE 03 EN �M cp COUNCO.MEMBERS: utive < v L� CaBarbaa E. BMOW m Y-Schrellw Sao Sam Crate Seth M. rleetwood �`. NOV 23 2009 L.wd ard Nelson WHATCOM COUNTY cvA weinw COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: r40Qo�rr Which position on this board are you -applying for (if applicable)? Which Council district do you reside in? V) One ( ) Two ( ) Three Are you a US citizen? (/) yes ( ) no Are you a registered voter? (/) yes ( ) no Name: Je�� tq Date: Street Address:. 3,o!V City: /�i 1r, s j Mailing Address (if from street address): Zip Code: !P &2- Ke_-z Day Telephone: r,, S5,/o Evening Telephone: Fax Number:.SgS ///I Z E-mail address: Occupation (if retired, please indicate former occupation): Professional/Community Activities:-r 1 Qualifications related to position: _40'.'t5 a/ng Gvl-q 2!�7C X7 —^ or--" v— atom Describe why you are interested in serving on this board or commission: 2�C1C1_� /C✓/dO/?7 ii /! / -t 7_ Do you or your spouse have a financial interest in or agency that does business with Whatcom County? If yes, please explain: ire you an eT7n ee or officer of any business or yes References (phase include name and daytime telephone number): C riS r cT 1F_5�' Signature of applicant: As a Candidate to V c board or mml on, the above information will be available to th County Coun my Executive, and the public. 521 rX IJ vdort - X (D U .. PETEKREMEN Gars co COUNCILMEMBERS: County Executive L� P o rbara E. Brenner v OLraskey-Schreiber Sam Crawford p� NOV_ a 7 �2009 Seth Robert Kelly L. Ward Nelson WHATCOM COUNTY Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse:;,,—tr. m. County planing mmi cc;nn Which position on this board are you applying for (if applicable)? Which Council district do you reside in? (x) One ( ) Two ( ) Three Are you a US citizen? (x) yes ( ) no Are you a registered voter? (x ) yes ( ) no Name: Orphalee Smith Date: 11/15/2009 Street Address: City: BelllnghaM, WA Zip Code: 98225 Mailing Address (if different from street address): Day Telephone: 16n-671 -SI S1 Evening Telephone: 369-734-8951 Fax Number: 360-671 -36o f-mail address.: orphalee@er ha-leesmith. eam Occupation (If retired, please indicate former occupation): 0 12 A Professional/Community Activities: See attached statement Education: See attached statement Qualifications related to Msi4 maf.essional experience has trained me f-d readtech- i - -vv--.- I am a good listener; and I have `common sense., �....��, Describe why you are interested in serving, on this board:or commission: ; s n i ien;.nuld be an extension of my service to the community in a most important arena of County governance. 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 (X ) no If yes, please explain: References (please include name and daytime telephone number): Lynn Carpenter 36034-8138 Ana illiams Signature orn'K�applicant: 360-961-6749 As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 522 �/ ORPHALEE SMITH Education Bachelor of Arts in Business Administration -University of Puget Sound Master of Arts in Taxation -Golden Gate University Profession Orphalee Smith, CPA 1981-present Metcalf, Hodges, CPA's 1973-1981 Prior to moving to Whatcom County practiced in the public accounting field in Tacoma, Anchorage and Seattle Professional Certifications Licensed to practice as a CPA in the State of Washington Personal Financial Specialist designation Professional Activities Amercian Institute of Certified Public Accountants Washington Society of CPA's American Society of Women Accountants Charter President, North Cascades Chapter Washington State Board of Accountancy -Past Chairman and Board Member Community Activities Bellingham Bay Rotary Club President 2007-2008 Board Member 1998-present Soroptimist International of Bellingham President 19774978; 1984-1985 St Joseph Hospital Community Council Western Foundation, Trustee - Whatcom Community College, Trustee Whatcom Hospice Foundation -Treasurer City Club -Charter Member and Treasurer Interfaith Coalition of Whatcom County, Treasurer St Paul's Academy -Treasurer Whatcom Symphony Orchestra -Board Member Awards American Society of Women Accountants -National Woman of Influence-2009 YWCA Northwest Women's Hall of Fame-2009 American Society of Women Accountants Woman of Achievement 1996-1997 Whatcom Women in Business -Business Woman of the Year-1983 523 County Executive � � �vp Barbara E. Brenner C E 0 V �rie Caskey-Schreiber Sam Crawford Nov 2 Seth M. Fleetwood �-- :``` •t ��g Robert Kelly 9`SHIH, 0 L. Ward Nelson WHATCOM COUNTY Cari Weimer COUNCH.,. APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverser Which position on this board are you applying for (if applicable hT. d r, P , Which Council district do you reside in? M One ( ) Two ( ) Three Are you a US citizen? Y\) yes ( ) no Are you a registered voter?) yes ( ) no Name: J//f Street Address: Mailing Addrestl(if different from street address): Day Telephone: ��(i' �5 :D r_� S— Evenin Fax Number: E-mail address: Occupation (If retired, please indicate former occupation): Professional/Community Activities: 0 too - / yes �i/o'tpPir�-.9-r-� �•Y �/y� �r Education:9/�IGa�T� Qualifications related to position: Telephone: W/_71V_ �/.'1�veAl ,. Describe why you are interested in serving on this board or commission:..<' �5, ;�*/vD any C �7y y �:va�/�ir� 1 �'� '� �r'g I 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 Q� no If yes, please explain: �/�� spa References (please include name_ and daytim_ a telephone number): %2 y1�i7 lid ��f'T'/. .i �'1✓%... A�.-. _ /1 /1/_n7/ n .-1 e _.� /J� / t�ifC _.. ��/•'/ ^'//Jd' l Signature of applicant: As a candidate to au is board cfr commission, the above information will be available to he County Council, County Executive, and the public. 524 J '29V v PETE KREMEN 0M ��v COUNCILMEMBERS: County Executive P�� y< Barbara E. Brenner 3f Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood r �s+irev��o Robert Kelly L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: PLANNING COMMISSION Which position on this board are you applying for (if applicable)? DISTRiCTONE Which Council district do you reside in? ( X) One ( ) Two ( ) Three Are you a US citizen? (X) yes ( ) no Name- JAYNE UERLING Street Address: 3245 Mosquito Lake Road City: Deming, WA Mailing Address (if different from street address): Day Telephone: 360-306-5746 Fax Number: 360-592-8303 Are you a registered voter? (x) yes ( ) no Date: 20 November 2009 Zip Code: 98244 N/A Evening Telephone: E-mail address: jayne_EcoCom@yahoo.com Occupation (If retired, please indicate former occupation): GIS Specialist Professional/Community Activities: Bellingham AutoCAD User Group (BAUG), Land Surveyor's Association of Washington, Center for Local Self -Reliance, Society for Ecological Restoration, Certified Nursery & Landscape Professional License, Master Naturalist, Shoreline Restoration Program - North Sound Baykeeper Program - ReSources BS Plant Science - Ornamental Horticulture w/ emphasis in Landscape Architecture, Construction, & Management - Comell,Univeristy Education: ASS Civil Engineering Technology and ASS Survey and Mapping Technology -Bellingham Technical College Experience as a member of Citizen's Taskforce Committee, Dallas County, TX inexamining, analyzing Qualifications related to position:& determining the top.15 priorities for the county planning department, including infrastructure, transportation, water, wastewater, utilities, growth management, quality of life, health services, environment, parks & trails, education, and economic development. My family comes from an agricultural background on my mother's side. I have been a small business owner, and a home owner. I have a broad background in natural resources e Survey and Civil Engineering fields. I have worked at the Federal, State, County and Municipal levels, including Tribal and work well with others on a team. Describe why you are interested in serving on this board or commission: I have a deep passion for the land and planning issues. I desire to offer my services -experiences and skill sets - in promoting a strong quality of life and a growing economic recovery in Whatcom. I know and understand some of the issues that face the citizens of Whatcom and the requirements of the RC Ws. I_ have lived in many places aifd have expertenmki good md dw ftm-dv0[EC11L C011SV4L1t;11CC8 ftreftl. 1 believe f can bu objective mW vide a balance to the issues that the commission will be addressing as the county works on the next update to the comprehensive plan and other issues coming to the 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? (x) yes ( ) no If yes, please explain: Iwork for the NooksackIndianTribe References (please include name and daytime telephone number): Margaret Curtis -733-6100; Mike Palella - 676-6907 ext 50268; Dave Bren 739-1428; Bob Morse 733-5760; Adam Morrow 671-7387; Ravyn Whitewolf 778-7920 Signature of applicant: Jayne Ueding V ; As a candidate to a public board or . mmissiion, the above information will be available to the County Council, County Executive, and the public. 525 " JAYNE UER LING .3245 Mosquito Lake Road Deming, Washington 98244 360-592-2320 jayne—EcoCom@yahoo.com REFERENCES Margaret Curtis, PE, Managing Member Wilson Engineering 805 Dupont Street, Suite 7 Bellingham, WA 98225 360-733-6100 Mike Pelella, GIS Specialist III Whatcom County PDS — Administration 5280 Northwest Rd . Bellingham, WA 98226 360-676-6907 e 676-6907xt 50268 Dave C. Bren, PE, MSCE Bren Engineering P.O. Box 483 Custer, Washington 98240 360-739-1428 Bob Morse, LSIT, Survey Manager Ronald T. Jepson and Associates 222 Grand Avenue, Suite C Bellingham, WA 98225 360-733-5760 Adam Morrow, PLS, President Private development Manager/Principal Pacific Surveying and Engineering 1812 Cornwall Bellingham, WA 98225 360-671-7387 Ravyn Whitewolf, PE, Engineering Manager City of Bellingham 210 Lottie Street Bellingham, WA 98225 360-778-7920 526 JAI WE UERLIN GG 20 November 2009 County Council Members Whatcom County Council 311 ('wand Avenue, Suite 105 Bellingham, Washington, 98225 Honorable Council Members, 3245 Mosquito Lake Road Deming, Washington 98244 360-592-2320 j ayne_EcoCom@yaho o.com Please accept my application and resume for consideration for the District 1 representative on the Planning Commission. I have both a passion and a unique broad background in planning and development issues. I have a strong connection to the land with a family background in agriculture and a spirit that enjoys the benefits of living in the Pacific Northwest. I understand and recognize the many challenges that face business owners and citizens of this county as I have been a small business owner, worked on a farm and I am a home owner. I have an interest for contributing to the best quality of life that we, as citizens together can create. Before moving to Whatcom ten years ago, I was involved in the Citizen's Taskforce for Dallas County in Texas where we addressed many of the same issues that now face the Planning Commission such as infrastructure — water supply, wastewater systems, utilities, transportation, excellent health care services, parks and trails,. healthy environment, economic growth, educational opportunities. We worked diligently to help bring Dallas into a highly desirable place to live with both affordable housing and a strong economic community. I bring this background to serve equally for the Whatcom County Planning Commission. In addition to the experience in Dallas, I bring a strong background in the natural sciences and I have a firm grounding of natural resources, critical areas and the natural processes within these systems, I also bring to the table experience working in the survey, mapping and civil engineering industries working directly in land development issues here in Whatcom County. I have experience working with many teams and groups of people at federal, state, county and local levels, including tribal. I have served on the boards of many. organizations such as The Green Academy in Fort Worth, Network- for Executive Women, Texas Outdoor Women's Network, Professional League of Women in Horticulture, Greater Fort Worth Herb Society, and Fort Worth Camellia Society. I have served as an Ambassador to Cornell University, served as President of the Student Council at Bellingham Technical College and a member of Phi Theta Kappa. I believe I can bring an equilibrium to, a willingness to be open to, and do due diligence to the issues that the Planning Commission will be facing in the development of the County's comprehensive plan update and other issues that the Planning Commission will be facing in the next few years Sincerely, ftayvnerling 527 3245 Mosquito Lake Road JAYNE UERLING Deming, Washington 98244 360-592-2320 j ayne_EcoCom@yahoo. com OBJECTIVE Represent District 1 on the Planning Commission integrating my experience in Land Use, Planning & Management, Natural Resources, GIS, Surveying and Civil Engineering VOUNTEER PLANNING TASAFORCE Dallas 2000, Strategic Planning for the 21s, Century Citizen's Taskforce Committee, Dallas, TX Yearlong process examining, analyzing & determining 15 top priorities for the county planning department including infrastructure, transportation, water, wastewater, utilities, growth management, quality of life, health services, environment, parks, education & economic development SURVEYand CIVIL ENGINEERING Survey Technician/Wetland Specialist Lisser & Associates, PLLC, Mount Vernon, WA Utilized MicroSurvey CAD & AutoCAD to develop topographic maps, draft Boundary Line Adjustments, Record of Surveys, Short Plats, Critical Area Maps, Mitigation Planting Plans. Determined & delineated wetlands. Assessed wetland values and functions. Wrote and produced fish & wildlife assessments. ACAD/LDD Technician - Wetland Biologist Wilson Engineering, LLC, Bellingham, WA Reduced field data for importing into LDD. Produced topographic maps and Record of Surveys. Drafted boundary line adjustments, ALTA Surveys. Researched project documentation for survey projects such as FEMA, land ownership, and survey records. Determined & delineated wetlands. Wrote and produced wetland reports incorporating ArcGIS. Designed and developed wetland mitigation plans. Designed landscape changes and planting replacements for street improvement projects. Conducted water quality monitoring. Survey Drafting Technician Christie & Christie Land Surveyors, Bellingham, WA Using AutoDesk drafted surveys and produced topographic maps, Record of Surveys, short plats, condominiums, boundary line adjustments and long plats. NATURAL RESOURCES & RESTORATION Restoration Specialist/Volunteer Coordinator -- Stream Restoration Projects Nooksack Salmon Enhancement Assoc., Bellingham, WA Assisted in stream surveys. Surveyed and monitored streams for water quality including temperature, turbidity, and pH. Measured width and depth and determined stream classification. Coordinated volunteers in weekend work parties, planting stream banks for restoration projects. Gathered, organized, and staged all tools and materials needed for projects. Taught salmon recovery efforts and addressed safety issues to school groups and adults. Worked with planting and maintenance crews in project completion. Assisted in education outreach programs and provided expertise in soil classifications. Laborer, Plant Propagation & Wilderness Revegetation NPS, North Cascades National Park, Marblemount, WA Involved with lakeside and alpine habitat restoration projects. Provided written logs of work progress. Field Technician, Conservation and Restoration Projects, The Nature Conservancy of Texas, Dallas, TX Water Resource Technician, Mapping WRIA 3 Watershed HydroLogic Services, Bellingham WA Interpreted legal descriptions for use in developing the Samish Basin Watershed Plan. Analyzed water rights determining water quantity usage and mapping land coverage. Gathered data used in hydrologic watershed modeling. Field Research Assistant, Natural Resource Conservation and Management (various) Mt. Baker National Forest Service, Glacier, WA, Earthwatch Institute, Watertown, MA, (Field work conducted in Oregon, Idaho, & Michigan) — University of Alberta, Jasper National Park, Alberta, B.C., CN Researched, collected and analyzed data in natural resource issues relating to presence, critical habitat needs & conservation. Researched impacts on natural resources by forest practices and land management policies via data collection and analysis. Followed best practices in field data collection methodologies. Water Quality Monitor San Juan Conservation Service, San Juan Island, WA Monitored various water sources through the collection and data analysis of water pH, turbidity, and temperature. Helped trained volunteers in plant identification. 528 Survey Drafting Technician Larry Steele and Associates, Bellingham, WA Using AutoDesk drafted surveys and produced topographic maps, Record of Surveys, short plats, condominiums, boundary line adjustments and long plats. Conducted research in chain of title. GIS and GPS GIS Specialist Nooksack Indian Tribe, Deming, WA Worked with a licensed surveyor in surveying tribal lands and building a GIS database to assist in tribal sovereignty and asset management. Presently involved in developing an environmental hazard mitigation plan for the tribe. GIS Specialist Whatcom Transportation Authority, Bellingham, WA Utilizing ArcGIS 8.2, produced quality map products, used for detailed analyses in the 5-year strategic planning process. Obtained, verified, and validated data to assure its accuracy, reliability, and effectiveness. GIS Technician Firewise Communities - Wildlands & Urban Interface Workshop, Seattle, WA Worked with city and regional planners and demonstrated the use of ArcGIS in community training workshops for analysis in the planning and development of Firewise communities. GIS Technician, Shorelines Whatcom County, Bellingham, WA Digitized shorelines from Pictometry's aerial photography to assist in the Shoreline Management Plan update. GPS Survey Technician, Department of Engineering Whatcom County, Bellingham, WA Surveyed centerlines of Whatcom County road system using GPS. Collected data on edge of pavement, road width & length, classified turnouts, and eollected.parcel addressing for 911 emergency response. LANDSCAPE CONSTRUCTION& MANAGEMENT Project Manager - Landscape Planning and Management Island Gardens Company, Friday Harbor, San Juan Island, WA Provided landscape site planning, development and management consultations to clients. Directed crews in maintenance and management of landscapes. Ensured proper compliance of Federal, State and Local regulations. Trained employees in various landscape techniques to ensure performance measures were met. Addressed client's landscape concerns in property development. Garden Manager Lambert's Landscape Company, Dallas, TX Managed 53 high -end residential accounts with revenue valued over $300K/year. Scheduled and coordinated work projects and supervised a staff of three teams. Recruited, trained, and motivated personnel. Evaluated maintenance records to assure budget needs and profitability. Procured equipment, supplies and plant materials. Provided consultant services to additional clientele, including client dispute resolution. Assisted in marketing programs. Wrote articles for Park City New.r'gardening column and radio spots. Involved in direct marketing program. Coordinated maintenance division restructuring of "The Gardener Program" into three sub - businesses. Estimated and proposed/negotiated contracts. Achieved annual sales goal in 3 months. Landscape Manager, Richard Heath, Private Estate, Dallas, TX Maintained the 6 '/2 acre gardens and grounds. Determined and tracked budgets. Developed scopes of work. Oversaw all aspects of project site preparation. Purchased all needed materials. Coordinated materials delivery and staging for project implementation. Coordinated equipment rentals. Designed, managed and implemented planting projects. Controlled erosion. Monitored for pests, insects and diseases. Applied pesticide controls and fertilizers as warranted for success of project and within compliance: Installed and operated irrigation systems. Repaired and maintained irrigation systems. Established maintenance records and maintained and repaired various grounds maintenance equipment Oversaw subcontractors replanting of 1/3 of the grounds with 40- and 60-gallon plant material- Supervised staff of three. Horticulture Display Supervisor, John A Sibley Center, Callaway Resort & Gardens, Pine Mountain, GA Administered $500,000 budget in the maintenance of a 6 acre garden complex. Supervised and trained gardening/groundskeeping crew, interns and volunteers. Interfaced with public on a daily basis answering concerns, questions, and needs. Coordinated and directed daily work crew schedules. Worked as Safety Team Member to create a safe work environment & meet OSHA standards. Planned, developed and implemented performance standards and Integrated Pest Management practices for the culture and care of plant collections. Coordinated with Horticulture Director in scheduling planting projects. Provided upkeep/repair of tools & equipment Liaison with media & films crews while on - site. 529 QUALIFICATIONS • Coordinated implementation of plans & projects • Experienced in organizing, coordinating and facilitating the efforts of diverse individuals to achieve common goals_ and objectives • Served as liaison to media, public officials and special interest groups • Prepared written plans and needs assessments • Assessed and monitored projects,for compliance performance measures, guidelines and regulations • Trained in site planning & development • Competent in project management • Served as project lead for implementation of several small capital projects • Responsive to questions and conflicts arising from diverse stakeholders in common issues • Skilled in data collection, review, and analyses • Experienced in coordinating, planning & developing public outreach and education to school groups, target audiences, & general public • Familiar with watershed management plans • Knowledgeable in principles and practices of stormwater management issues • Trained in water quality monitoring and analyses • Skilled in habitat assessment and protection • Grounded in best practices of research and data collection techniques • Exercised independent judgment in analyzing problems, issues and situations EDUCATION AS Civil Engineering Technology, 2005 Bellingham Technical College, Bellingham, WA AS Surveying & Mapping Technology 2004 Bellingham Technical College, Bellingham, WA BS Plant Science — Emphasizing Landscape Architecture, Construction, Maintenance & Management 1989 Cornell University, Ithaca, NY CERTIFICATES & SPECIAL TRAINING AutoDesk.Sustainable Design Solutions Series 2009 Low Impact. Development Workshop, Skagit Conservation Education Alliance, WA 2008 Salmon Habitat Restoration Training & Field Monitoring,. People for Salmon, Monroe, WA 2007 Stream Habitat Restoration Guidelines, Coastal Training Program/Dept of Ecology, WA 2007 Reviewing & Monitoring Wetland Mitigation Plans, Coastal Training Program/DOE, WA 2006 Grass; Sedge'and Rush ID for Westem WA, Coastal Training Program/Dept of Ecology, WA 2006 Revised Washington Wetland Rating System, Coastal Training Program/Dept of Ecology, WA 2006 Wetland Delineation, Army Corp of Engineers Manual 1987, Richard Chinn & Assoc., WA 2004 Team Approach to Problem Solving, Fort Worth, TX 1994-1995 530 PETE KREMEN CounLy Executive COUNCILMEMBERS: �cOM roc Barbara E. Brenner Laurie Caakoy-Schreiber � /J � j� Sam Crawford C E �V/ L�J Seth M, Fleetwood Robert Kelly L. Ward Nelson i JAN 5 (� Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COI Name of board or committee -please see reverse: I G Which position on this board are you applying for (if applicabl Which Council district do you reside in? ( ) One 66 T+ Are you a US citizen? (i4 yes ( ) no Are you a Name: ,` 1 ar cj G n Street Address-'- Jy t4 rtty - M a ,P 14 Mailing Address (if different from street address): Day Telephone:% o 3 �- Evening 1 Fax Number: �� �'! to 3 E-mail address: lr Occupation (If retired, please indicate former occupation): _ Professional/Community Activiti: FD4 I 1%S Sub �•�¢� es e01S lC4- CorM^(SS/ahretj-eC-� Education s D V es al, Hj -j-, i -.vuN1Y ITY f6^O;%1Sr AND COMMISSIONS /iI j CUYj't rh + S S r (r N )? PGsr 60L. �11 ( ) Three red voter? (>q yes ( ) no Date: f / 5-/0 4/ T Zip Code: ,lephone: V- h e l (Cl-, C � .► � hd Ilie col-st", cp Na V 0� o-F LuW /�1 g4 LUW Qualifications related to position: C(jf" e1,4 lu t C, P r t .4 4C pry C 4-+ c-e s-r! c �� Le 'Describe why you are interested in serving on this board or c mmission: % Ct r) V2�y La Mlf1 u t �17 Ut l Qh �J.�( f Woe ekn�el 0 cQ C� f-, c� �icL S2r'v,ta expefNlellct kidtilcy woo rzt., ocA- --/�,hr(, tG,706 < 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 Xno - If yes, please explain:! D References (please include name and daytime telephone nu ber): ` Cto ' G'y 5i� Signature of applicant: As a candidate to a public board or commission, the #bove information will be available to the County Council, County Executive, and the public. 531 511 PETE KREMEN C Cy E � V E ICOUNCILMEMBERS: County Executive P �oM �O� Barbara E. Brenner Laurie Caskey-Schreiber NOV 19 2009 Sam Crawford Seth M. Fleetwood WHATCONI COUNTY Robert Kelly COUNCIL L Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: _7P_1 Which position on this board are you applying for (if applicable)? �_ Which Council district do you reside in? ( ) One Two ( ) Three Are you a US citizen?') yes ( ) no _ Are you a registered voter? ( yes ( ) no Name: C5 \ Date: Street Address: `mil City:Zip Code: Mailing Address if different from street address): robin bw-Il�e✓6 �r� berel eons{ 'L ►1'00rn _ Day Telephone:A) Evening Telephone:( o & � t Fax Number: o) � % ��� E-mail address: ro b.i 1r1 . bw,lterP, -(i , berg eaqskccfi-b n . corn Occupation (If retired, please indicate former occupation): Professional/Community Activities: C ` —�- Education: Ld LVV--'"..— Qualifications related to position: ;Lt6An/ 6 L' �J Describe why you are interested in serving on this board or commission: f f� r % Id p Do you or your spouse have a financi`6I interest in or are you an employee or officer of any business or agency that does business wit Whatcom County. . es ( no If yes, please explain: 1. 8 References (please include name and daytime telephone number): ! QOr 1�-'fJr_(4� L M&tv' 1� 7V -4^1 1Z4r1\' kklku '�AW6 — r1e...-IL-1. Signature of applicant: j A� As a candidate to a p&bUd board or commissi,, the.above information will be available to the County Council, County xecutive, and the public. 532 k-�Akb" PETE KREMEN Gone cp COUNCILMEMBERS: County Executive Q� v IED /� 2 /� Barbara E_ Brenner �V �C �V/ L Caskey-Schreiber Sam Crawford Seth M. Fleetwood Qs' NOV �Herrea� L. Ward Nelson WHATCOM COUNTY Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: nn%/t C10. o*N. Which position on this board are you applying for (if applicable)? e i! Ce ek' wo Which Council district do you reside in? ( ) One Are you a US citizen? ( yes ( ) no Name: Street Address: City: )6na ILL v Mailing Address (if d nt from street address): M Two ( ) Three Are you a registered voter? V) yes ( ) no Date: 1 k _ II- rn'Q Zip Code: Q �1 ')-" Day Telephoner 7 ? -D 4 q?— Evening Telephone: S 4..r-e_ Fax Number: At1A E-mail address: Occupation (If retired, please indicate former occupation): Sr4ff A±:,nw Professional/Community Activities: c 6.6ne.-,} Education: Rle a r(,nyM.. %1+_ Qualifications related to position: S-G'C �+.e,..�1A Describe why you are interested in serving on this board or commission: Sd4c- A' +. CIAO 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): Signature of applicant: VI As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 533 v Whatcom County Planning Commission, District 2 Position Wendy Harris 3925 E. Connecticut Street Bellingham, Wa. 98226 (Tele): 360-922-0442; (Email): gwerty0@comcast.net Occupation: • Member of California Bar Association, Inactive Status • Formerly, Senior Attorney, Department of Treasury, Internal Revenue Service, Office of Chief Counsel, Small Business/Self- Employed Division Professional/Community Activities: • WSU Whatcom County Extension Beach Watchers: Completed training program, including 100 hours of community volunteer service • People For Lake Whatcom: Board member • Futurewise Whatcom: Growth Management Committee member • Citizen Activist: Have provided written comment and public testimony on a variety of growth planning and natural resource issues in Whatcom County., Bellingham and Blaine. • Amateur Photographer: Document birds, tidepool life and wildlife throughout Whatcom County. Photographs used by WSU Beach Watchers, Beach Naturalist Program and Whatcom County Marine Resource Council. Education: • University of California, Berkley: B.S., Sociology • University of California, Hastings School of Law: J.D. Qualifications Related to Position: Since I moved to Whatcom County, I have taken quite seriously my obligation as a citizen to engage in the public process. I have worked diligently to protect our quality of life throughout the entire County. I have frequently spoken before, or provided written comment to the County Council and the County Planning Commission. As a result, I am informed about many of the issues facing the County today. To be an effective citizen advocate, I spent many hours and days researching laws and scientific studies. Accordingly, I have a general understanding of basic planning principles as they apply with regard to specific requirements under SEPA, the Growth Management Act and Critical Area provisions, the Shoreline Management Act, the Clean 534 Wendy Harris -Planning Commission Application, District 2 2 Water Act, and Titles 16, 20 and 21 of the Whatcom County Code. I will bring this same set of skills and knowledge, along with my strong work ethic, to the Planning Commission. Finally, I live in Bellingham, but consider myself a resident of the County. A majority of my time is spent enjoying nature and wildlife outside of Bellingham, so I have come to know and love other parts of the County, and want to ensure that we plan wisely for an environmentally healthy and economically vital community. Describe Why You Are Interested In Serving On This Board Or Commission: To the extent it is possible, I would like to ensure that County planning decisions: • Are made in the best interests of County residents as a whole • Adhere strictly to long-term policy goals Provide adequate protection for critical areas, watersheds and resource land Promote sustainable economic prosperity • Reflect the understanding that ecosystems are interconnected and where possible, should be based on a comprehensive, integrated management approach • Reflect innovative, environmental and cost-effective practices and policies that serve as a role model for the rest of the state and nation References: • Wendy Steffensen, North Sound Baykeeper, 733-8307 (office) • Stan Snapp, Bellingham City Council Member, 305-0607 • Dan Warner, Professor, WWU, 592-5622 • Lois Garlick, Citizen Activist, 676-9111 535 PETE KREMEN GOM COCOUNCILMEMBERS: County Executive �� __-; - ,- o NOV ;2 0 2009 Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford 27 WHATCOM COUNTY Seth M. Fleetwood COUNCIL Robert Kelly 4`S'h1NG�0 L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: LQL r-LC1 CC�irl'lYVll LC)� y� Which position on this board are you applying for (if applicable)? PDbt o✓c b Litt V��_c� Which Council district do you reside in? ( ) One (✓Two ( ) Three Are you a US citizen?' (✓f yes ( ) no Are you a registered voter? (✓ryes ( ) no Name: baf u 4o n c-MID Date: l , • �� . Street Addre�ss:" `J�� -7-10 \n/ I'SP fr to K- Ed • CJ City: Zip Code: Mailing Address (if different from street address): Day Telephone: 31A), ,39Qj. abUc) Evening Telephone: a00. Fax Number: Occupation (If retired, please indica Professional/Community Activities: Education: E-mail address: J "fro c rv\ C-Y\ -14t cc57 Sz��° Qualifications related to position: n lKV- ACC v ►r5 k . )oY V_�n r_j tjo +,1 V\ wh c,-±cnm cplk►-J'-+ [pro �c(1 s -,r^ v . v - 1-1 Describe why you are interested in serving on t is board or commission: _J0 5-e_f-1;-2 WtV 020M nun CC) n-1 RA=L 1 UYA'S U-� jQ1 CW V 1 ._nc, Le-%- LOVICA 'CDV" fl L Do you or your spouse have a financial interia9t in or are you an empl yee or officeY of any business oragency that does business with Whatcom County? ( ) yes (o If yes, please explain: References (please include name and daytime telephone number):Ljhct_+Cr)m eO�in'hL }�l�a r►►ztnrCj orr.50n e�xt S Signature of applican As a candidate to a public d6ard or comn�sion, the above information will be available to the County Council, County Executive, and the public. 536 In1 f CO-11 gtQCtLMEMBER3: II, 1C IJ v arbara E. Brenner oM ca e� 6 Laurie Caskey-Schreiber EEYE KREMEN .,?� Sam Crawford county Executive = .c NOV2 0 2009 Seth M. Fleetwood Robert Kelly �Nelson 9�; NG�a� WHATCOM COUNTY L. Waraweimer COUNCIL Appi-ICATION FOR AppOxNTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS -please see reverse: Name of board or committee Which Position on this board are you applying for (if applicable)? _ 17_ts-1 (�) () Which Council district do you reside in? . ( ) One Two Three Are you a US citizen? (� Yes ( ) no Are you a registered voter? KIN yes ( ) no Date: f Name: street Address-. ' q -7 � Zip Code: City: Mailing Address (if different from street address): fill e0a, Day Telephone:i 0 S?I S—i q 7 4 Evening Telephone:.�� 9r ! Fax Number: 3 Gam `-��� E-mail address: Occupation (If retired, please indicate former occupation): r--. 1 % / • . Professional/Community Activities: t ,��ISA l p ' y €d ucation : Qualifications related to position: C-a ce/ ( ��A/ CZ.fn��' �X� P4Pf%C1�C� `1yL Describe why you are interested in serving on this board or commission:fJ,�� b0JG C P Aby Do you or your spouse have a financial interest in or are you an emp! yee or officer of any business or agency that does business with Whatcom County? ,(K) yes ( tlo If yes, please explain: Oe d�-6�L Ab-,,WlA9akij a rd Yl dZ _ K-PneJ a a Q Y-eA W-0 References (please include name and daytinfe telephone number): t2 (��l fsnn '?(>0 �47- 001' Aehkr vn PYUv ' 3(,o 2effrAKo� �1n6 Signature of applicant:` A$ a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 537 PETE KREMEN County Executive Pikap,- 6(r u` �x C:L / V COUNC[LMEMBERS: P��ora 4e, Barbara E. Brenner IC C �� nuJTSam V skeySchreiber Crawford h M. Fleetwood oz 4Sr/ll`36'C Robert Kelly NOV. 1 .3 2009 L. Ward Nelson Carl Weimer WHATCOM COUNTY CONf � APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOA D ND COMMISSIONS Name of board or committee -please see reverse: P1arnj5)iq, Co lAAM`ls'S{,qtA j Which position on this board are you applying for (if applicable)? Which Council district do you reside in? () One N Two ( ) Three Are you a US citizen? 00 yes ( ) no Are you a registered voter? N yes ( ).no Name: .SGo:tt J +'L a M Oso n Date: 11 f! 3 /0 1 Street Address: 9'0 rez" Acvp _'C [Z iyp - City: Qle4c.200 Zip code: 3?'2. Y 7 Mailing Address (if different.from street address): S ctw_A e- Day Telephone: g(,o Q 37 O �3 S Evening Telephone: ?bo •• 4,79 Z 0 Fax. Number: 360! jC71 1 yS$ E-mail address: .SCaf t:. hn�so ahVi (code. C Occupation (If retired, please indicate former occupation): rTIf f SVev%aI rn.pE?r- Professional/Community Activities: Fr,laj�± A d ?Sl-'011�YtP Le gr'rr ee / -1z'sr Uavrfr•1r1� Qualifications related to position: F4&zy cL;4To-e�be-C o-F W (261" z i f�Ietf 4 A Describe'why you.4reinterested in serving on this board or commission: G'ordirk'n t/O ir1- LOS- A�Q�-'1' Li/ ate adCa -eAce6i�, sonawrl. 2fruf..' ae VL& Colrrt ty a st, uvi ♦ -fry vrin�serile -_,_ s . � e'-Z' .. --Q! A3 Wi c �31 r -e Do' -you- or your spouse have a financial interest in o are you 4 . employee r officer of any :business or a,9ency that: does business with Whatcom, County? yes - if yes, -please explain: Anv,( "r' jat ,0_-!,Qtiue hny wer.ks CLt De:rAl' l:abr;Rrjr .... _ .._ , References (please include namearid daytime telephone number): O nlon ctm &erjrteo-,- Pe ,e- eSs+��trlT ' �£.' mGFariavi,e �Le.'ParkS) Signature of applicant:f G - As a, candidate to a public board or commisslon, the above information well be available to the County' Coui�Cil,: CoCinty Executiver and, -the pubilim 538 PETE KREMEN oth teCOUNCILMEMBERS: County Executive P�Ga` n (-� ( (parbara E. Brenner Ll Caskey-Schreiber Sam Crawford _A_A,&&t,.Yi 6yx0tt:s�lh� Nov. 17 2009 Seth M. Fleetwood �y z Robert Kelly �b �shrNGlo L. WHATCOM COUNTY Ward COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: j IAHH.,4t-sA Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One Are you a US citizen? yes ( ) no Name: IRA''" S Street Address: city: Mailing Address (if different from street address): ( ) Two 0 Three Are you a registered voter? (A yes ( ) no Date: � 1 I S o q Zip Code: bZZ(-7 Day Telephone: 3(_0/25v:�, Evening Telephone: S(-0/x;,3-qcZA Fax Number: ��6���- ��� E-mail address: Occupation (If retired, please indicate former occupation): Professional/Community Activities: )LGX(��Y C_ �P1,��aoS ,BINS cxc/l. i�'L�ivY I�Ar r5-9�. Education: i_-AcV0,oa- ar-- +Ef cc - Qualifications related to position: p , v: . 0 D) a A6LVf' uu r4' 2Wj 0A Describe why you are interested in serving on this board or commission: L Loop ld LcU_2'40 My C VIV cWc v c r Do you or your spouse have a financial interest in or are you an emp ee 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): Signature of As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 539 V Signature of applicant: •. As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 540 G 541 ellr-�v Betake,: Rhayma 4276 Matia View Dr. a Lurnmi Islandi WA 98262 E (380)-.M 4-13"1 M'RhAyft1a@me.c6n1 PROFILE Self-starter, team . player, marketing professional WORK EXPERIENCE Retail Buyer —.Federated Department Stores Marketing and Advertising Manager — SBcww; Corporate .Edbdbfi6n'Resources; dMC Cerlt&§, Prost Marketing, SA Events, Hope Medical Supply, and Sonotech, Inc. CAREER HIGHLIGHTS Marketing • 83%.thtou� Increased AT&T yellow pages direc ory usage in competitive m6tkW from 77b/O.- to through :effective brand research and introduction of new branding campaignl • , development birected advertising agencies-OSD&M in Auttirran,d ked4crnJ hi "hu.S6-h'Franciscoin �-;Iopr nt:: g i in 646p 20%'df 611, yell g in t Of Tv.'caM i h4ahkiqqli th oW,:pages.,advertisin* OrMs o increase&: directory retention And'dsage.: . managed marketing I - a df basela-mifiistfatibn h eadin"g;s administration and.graphiGdesign for460 Southwes4drn Bel ,6llow Pages. . Analyzed "Target San Antonio" tfendsand positioning among top San Antonio financial and -. s health card institutions. for Pto'st Marketing: Also lcoriduct66research ocusgrodRforTid1b Warner Cable, .Brake Check, CatholicT616vision:6 f-Sdif Antbnibi -Goddwill Incluttridsi. JiffyLube, and Government Hill Urban Redevelopment. Cor>�`munity: Relations ugh SOC A&: :60 '',t sponsorships G6n&�if :$15'rhi o annual -th - - / T- T' atb , tors; ipg, -Negotiated 0- through rp9. - .."spoT.. 1., .1�!d-- oy b University !§Ity'6f' K h`sa8�'athla its :an boritt With the.k nsas�'Citk R' bsdbblI,tea,m*:` t' t Chamber df Comirnerice events i1h Kansas` and Migtoun. • Developed and implemented first Girl Scout program for the homeless in St Louis, • Implemented the city's Urban Renewal Plan for the Government Hill area in San Antonio through an appointment ppointment by the San Antonio City Council to the South Fort Sam Houston Advisory Board. EDUCATION M.A. — lhtemaitional Affairs — Washington University, St. Louis. Course work completed. M.B.A. — Marketing m- University of MissoUd, Kansas City BA..-: Economics � KhoX College, Galesburg,: IL COMMUNITY INVOLVEMENT • South Fort Sam Houston Development Advisory visory Boatd Member 2004L2007 • St: , Paul's Episcopal Church Senior Warden 2005 • St Paul's Episcopal Montessori School Board Member 2005-2008 • Diocese of West Texas - Environmental Committee Member 2005-2608 0 American 'Marketing Association Member 1982 - present 0 Girl Scouts of America Troop Leader 1989-1993, 2006-2008 0 McNay Art Museum D6cent and Webmaster - 2006-2008 0 Alamo Heights School. District Weekly Parent Volunteer - 2003-2008 0 Beach School PTO Healthy Lunches Corrimittee Volunteer - 2008-peesent 542 �oun[y txecuUve �V� LZBara E�Brenner sP:' 'bA Laurie Caskey-Schreiber y' Sam Crawford NOV 2 5 2009 Seth M. Fleetwood Robert Kelly `AtV h-TCOM COUNTYL. Ward Nelson � �Y i 1P'� �Y1 V �Sh�NG�� COUNCIL Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: 9 o/l1A9/�3.a Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One ( ) Two �<) Three Are you a US citizen? ()() yes ( ) no Are you.a registered voter? (,V) yes ( ) no Name:iG Jr- Date: o -09 Street Address: l01 /9113 r e, , r%. City: �r --Al a�a l Zip Code: 1007 $ Mailing Address (if different from street address): Day Telephone:0) 38q - cf'Y6 3 Evening Telephone: (3lnb� 3� H - 33(,3 Fax Number:/,3�Oi 53 1'3 E-mail address: tu;�i'�S�✓ i�-u�/n.� ..c�o�. Cram Occupation (If retired, please indicate former occupation): Professional/Community Activities: we_ Ir� «- W v z Education:��� Qualifications related to position:ycrv� o�I Ui�a� lor��� vfer`ci$r!(J del er4hd scribe why yare i'nteres�d in serving.board or commission: a Y rc r✓e ms 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? O yes ( j no If yes, please explain: References ((please include'name and daytime telephone number): G iS - �`J' /f r �7�m /`i- - �Sh� - #old Signature of applicant: Asa candidate to a p blic board or commission, the above information will -be available to the County Council, County Executive, and the public. 543 County Executive �E E11VED WHATCOM COUNTY COUNCIL COUNCILMEMBERS: a Barbara E. Brenner Laurie Caskey-Schreiber b " ' Sam Crawford Seth M. Fleetwood ShiN�� Robert Kelly L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Jame of board or committee -please see reverse: Nhich position on this board are you applying for (if applicable)? Nhich Council district do you reside in? ( ) One \re you a US citizen? Xyes ( ) no Jame: street ;ity : ARZAM 4Ec ( ) Two Three Are you a registered voter? yes ( ) no Zip Code: ZFW, 0 flailing Address (if different from street address): )ay Telephone: S460 jz/— Evening Telephone: 'ax Number: E-mail address: C—/?^/-.JC-IF=-e_ '< 1107 )ccupation (If retired, please indicate former occupation): 'rofessional/Community Activities: e C710 a Qn 1,���' ,duca ion: ►ualifications related to position: lescribe why you are interested in serving on this board or commission:'/s 13 to -you or your spouse have a financial interest in or are you an a plo a or officer of any business or gency that does business with Whatcom County? O yes no yes, please explain: _ - eferences (please include.name and daytime telephone number): / �� �R .._ . P , ignature .of applicant:` As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 544 / ti Alan Friedlob Position Sought: Planning Commission Education: BA, University of Pennsylvania (Anthropology) MS, Case Western Reserve University (Health/ Community Planning) PhD, University of Minnesota (Health Services Research, Policy, and Administration) Qualifications: • Strong analytic skills in objectively weighing/measuring costs and benefits of public policy decisions (for example, in land use planning decision -making). As a Commissioner, I can provide Council with fairly reasoned recommendations of the public benefits of the land -use proposals it receives. • Seven years experience in working closely with Whatcom County Planning and Development, and Public Works staff to engage citizens in land use -related policy and program decision -making as evidenced by: o Participating in shaping the Birch Bay Sub -Area Plan, 2002-2004. o Initiating collaboration between the Western Washington University Huxley College and Birch Bay citizens to stage a design charette that contributed to Design Guidelines for the Birch Bay UGA, 2005. o Organizing storm water planning efforts that culminated in formation of the Birch Bay Watershed and Aquatic Resources Management (BBWARM) District, 2004-2007. Appointed Commissioner by County Council in 2007. o Collaborating with PDS staff to shape an innovative land use planning method` for the Birch Bay watershed driven by watershed characteristics, 2006-ongoing. • Knowledgeable about Washington State Growth Management Act rules, regulations, and policy and its implications for land use planning decision -making in Whatcom County. • Community organizing and listening skills. I believe strongly in the grassroots. Deliberations and recommendations of the Planning Commission should reflect transparently the diversity of the opinions and values of all citizens with whom it interacts. Why am I interested in serving? The Commission represents the citizens' voice in land use planning decisions that will shape the future of our County for years and decades to come. I have enormous respect for our citizens' local knowledge about what it means to live and work in Whatcom County. As a relative newcomer (7 years) I would consider it an honor and privilege to be selected by Council to serve, and to represent my fellow citizens in this capacity. I believe that the skills and knowledge that I 545 have learned from Council members, County Planning and Public Works staff, and most importantly, my fellow Birch Bay citizens in developing and implementing BBWARM can be applied directly to the Commission's work. I would welcome the intellectual and emotional challenges of participating in the important deliberations of our Planning Commission. While I really like using my analytic skills to break down the technical complexity of land use decisions, I also really enjoy using emotional intelligence to know how to listen to, respect, and empathize with the persons whose plans come before the Commission, and who are affected by its recommendations. In this regard, I believe I have the balance of mind and heart that would make me an effective Commissioner. There will be much to deliberate and to do over the next four years and beyond to shape our living and working environment. I want very much to put my self into doing this work, and ask for your support. 546 PtIt KKEMEN �`'�`J t "" " COUNCILMEMBERS: County Executive oM p Barbara E. Brenner d 'L Laurie Caske -Schreiber ,Y.. y � C �� n � // �s, ...���.� Sam Crawford C 6 !� \� E D Seth M. Fleetwood ,^ 6 Robert Kelly L. Ward Nelson DEC 0 �; 200g 9SHING�G Carl Weimer HATCOM, COU NTY COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Lt tAL4t,, a k Which -position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One Are you a US citizen? (--,y yes ( ) no ( ) Two OdThree Are you a registered voter? �,J_ yes ( ) no Name: aVI�P_S C- Date: Street Address: f "l City.: Zip Code: Mailing Address (if different from street address): Day Telephonei/36D/11616— �y1� Evening Telephone: Fax Number: E-mail address:I_�14A,k�3y� Wtsyi • Ly Occupation .(If retired, please indicate former occupation): Re- irej Professional/Community Activities: FLeLtc1eA& 4 AiOd kL-.,aG& w�, f It Education: Of,l 0lL) Qualifications ff�related to position". —L VI& AlG1A" !S'rc FylaA fA ll P6 Describe why you are interested in serving'on this board or commission: fhls C,Cvwf ep~A k4 . seek �"o r ro,Mo 5"5 i � 1 Via; r a- I� t �� ;nn ; -tit er ope *T ov< C ��'► z�,n � Do you .or your spouse ha e. a fAancial !neerest in or are you an a ployee 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): 714V— 0960 Signature of -applicant: �( - As a candidate to a pub c oard or commission, the above information will be available.fio the County Council, County Executive, and the public. -547 L RETE KREMEN County Executive nE �J l� 1 V E DCOUNCILMEMBERS: 1 Barbara E. Brenner JAN t 2 2090 Sam Crawford Kathy Kershner WHATCOM COUNTY Bill Knu Ken Mann n COUNCIL. L. Ward Nelson 4„ V_ UI I Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Planning Commission Which position on this board are you applying for (if applicable)? District 3 Member Which Council district do you reside in? ( ) One Are you a US citizen? ( X ) yes ( ) no Name: Scott E. Hulse Street Address: 6909 Holeman Avenue City: Blaine ( ) Two ( X )Three Are you a registered voter? (X ) yes ( ) no Mailing Address (if different from street address): Same As Above Date: 11 January 2010 Zip Code: 98230 Day Telephone: 360 243 0745 Evening Telephone: 360 243 0745 Fax Number: None E-mail address: scottehulse@att.net Occupation (If retired, please indicate former occupation): Retired Geotechnical Engineer/Radiation Pro essiohr�a9M mmurcii y Activy Iles: Boulder County, Colorado Board of Review, Solid Waste Advisory Committee, American Society for Testing Materials, International Radiation Monitoring Working Group, Knights of Columbus Education:BS Mine Engineering, BS Geological Sciences - Geophysics, MS Geological Sciences - Geophysics, PhD Radiological Health Physics - Nuclear Physics Qualifications related to position: 20 years geotechnical engineering, 20 years multidisciplinary project and program management, Describe why you are interested in serving on this board or commission: Significant technical and. economic issues are not now being considered, which need to be addressed, to assure equity during development in Whatcom County. Some unfunded Federal and State manadates may be inappropriate for Whatcom County. 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 ( X ) no If yes, please explain: References (please include name and daytime telephone number):Mr. Joseph St. Hilaire 360 671 4836, Mr. Richard Langabeer 360 671 6460 Signature of applica As a candidate to a public board or commission, the above information will be available to Ml PETE KREMEN oM Cli tLMEMBERS: County Executive ��a ��y C IS � ��/� a Brenner Larne fcSchreiber Sara Crawford. NOV Z 0 2009seh M. Fleetwood Jy ` Robert Kelly 4SH1H��� WHATCOM COUMT� Ward Card Nelson COUNCIL mer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse:�w���Which position position on this board are you applying for (if applicable . Which Council district do you reside in? ( ) One ( ) Two Three Are you a US citizen? P< yes . ( ) no Are you a registered voter? Xyes (.) no Name: rb��. f,�, Ica 4 Date: Street Address:: ,�IC2L5 `L 46-rfL &:S! . City: \/ / 4- Zip Code: Mailing Address (if different from street address): Day Telephone:� W 3 - r37a 1"6 c 11� Evening Telephone: Fax Number: E-mail address: 4\�v�r!��.g�al' %i cJ P ,J—" :5ars. a•tt Occupation (If retired, please indicate former occupation):�dr- Pro�fessional/Community Activities: un �T ` IQ (., rt�tW,leef r�J C�L-Oi-t C (VSiGia•t ts� 7 0. Ct_)CX_L. [•-e��.�'3TfltiS t lj�1.�/ �/OlJ��tl` Education- b - .' o r-jo Qualifications rela ed to positio cJc9 eac'S f n o so,( a � gal ���! EJo�� �; a A` G f Describe why you are interested in serving on this board or commission: �✓;c- Q��f7 rc,� Ff�CcS3 A rc-sd'lc -1L_ �" e4acJ 0,-d's/•4 Do you or yoLff s use ve a financial interest in or are you an employd or officer cif any �nEs •- agency that does business with Whatcom County? () yes no If yes, please explain: References (please include name and daytime telephone number): / 2 f Signature of applicant: As a candidate to a public board or commission, the above information will, be available to the County Council,. County Executive, and the publie- 549 +/ K X�b PETE KREMEN COUNCILMEMBERS: County ExecutiveBarbara E. Brenner fr = �i�`V Laurie Caskey-Schreiber EF 1C E V E Sam Crawford ..: Seth M. Fleetwood NOV 2 2009 �t.4ti=:>:;:;;>rpt Robert Kelly s!risvc �. L. Ward Nelson WHATCOM COUNTY Cart Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: oanCcoV►'y"l"ss ►' ©n Which position on this board are you applying for (if applicable)? Which Council district do you reside in? () One ( ) Two (4 Three Are you a US citizen? 0() yes ( ) no Are you,a registered voter? ( ) yes ( ) no Name: W A hr2 A Le, Date: Lt Street Address: �k"71 City: `� , r ,A, VVA- Zip Code: `j8•262 Mailing Address (if different from street address): Day Telephone: 7 g' o )� Evening, Telephone: Fax Number: E-mail address: wit P1 e 1Qe Q_CL�rA itnk, he - Occupation (If retired, please indicate former•occupation):reby^c_ i c¢ni�/ers► sir' es Professional/Commun ity Activities: "Luyy)VV%Ts\ah� s�t10 cede c� \ahn� �n�.l comvy►i eel SLk.0 foe f)2 ect��� C��%2�o Y►'l�u' stir wlaw co ' (�t�l �y�e►3i�` �dicaQ sc�neOt�' x•}e"a'v`e. e. c ,noJ,. e`n�n � cvllQ�e Education: P/4 h (e�t'C1Q .5cl-ence S6zeci all d>,.ca-H Qualifications related to position: ���r�ezl cQ• .� Cduv1. i�� , vcossj COYMMuWQ.Awof l m-' ro d tmal� a rnp, '' cnJ�, � . o r A . '4,f aiMMI(/)'I I'cAfI cm; edi�'o iri aQ �e�viCsz 5; i2o.�.vvucl�, �pW6r)s suY mo-r.� Describe why you are interested in serving on this board or co mission: L-4v)A use alanrll,-,A_ is key �o (el"'Pity's '6du � ,, and L l a �e �k1As Caw�rn�neP. -I- kc1(2v�2 Ih q�f�felSel►l�j V',e Do you or your spouse have a financial interest in or are you an employee or officer of a y business or agency that does business with Whatcom County? () yes no If yes, please explain: References (please include° name and daytime telephone number): ao4cu}6 mas IaVdyA_tJ ; -b"A rv\4s Ilk�c , Cre 0.t^Ci� ��,12'c1'oc, L;S�,(9 r, ,l `T/7,c,st- �� _ �9�1��; errf �lerr� " 7sTs-74132 g ature of applicant: As a candidate to a public board or commission, the above information will be available the 'County Council, County Executive, and the public.. a-e v4 LT_ (cDvywv1 mvv ti Jtsso c c � 0-k v 550 JAN-11-2010 18:23 FROM:SCTCI 3607587029 TO:360 738 2550 P 001 PETE KREMEN aM C COUNCILMEMRERS: County Ex�t C' "� �/J j� D �a°..;: av Barbara E. Brenner C �Yl E r �a Sam Crawford Kathy Kershner JAN 1'L 2010 Bill Kn�tzen ���+r�Rpa•�ar Ken Mann. Word Nelson WHATCOM COUNTY L Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Ram 1.f/1G j w 1".35fan Which position on this board are you applying for or applicable)? Which Council district do you reside in? () One () Two 0<) Three Are you a US citizen? (Y/,) yes ( ) no Are you a registered voter? ( ) yes { ) no Name: _j� le_ i.�[°_ II _ Date: 1 J Street Address: 354j,pli _.0 e city:.1LMrM � '3 . YI . zip Code: !29, Mailing Address (if different from street address): Day Telephone: 255 714C3 Evening Telephone: Fax Number: 70,^44i E-mail address: i�Ie11���L; Occupation (if retired, please indicate former occupptlon): Professional/Community Activities: TT VA silo [r� �, (c t fcn�, �S.SG 5 Iff)CIUi- 11/1� �i.i. `�c4In r600 a_wj `r�J�X n In'raer%.i�. — Education: Ca Qualifications related to position: qn�_ _ 1 d--1,.v( 1)6 � ( _(iupi Olt>�, I G .G�r ` `r,1 a n: Gj, Cam(yiCL 1 Describe why you are interested in serving on this board or commission: 1w..�1 - Do you or your spouse have a financial Interest in or are you an employee or officer of any business or agency that does business with Whatcom County? () yes no If yes, please explain: References (please include name and daytime telephone number): Signature of applicant: As a candidate to a public board or commission, the above Information will be available to the County Council, County Executive, and the ,public. 551 k v vV%0 t A V Y) PETE KREMEN County Executive COUNCILMEMBERS: Barbara E_ Brenner MD V e�v- a Caske Schreiber NOV, 2 0 2009 Sam Crawford Seth M. Fleetwood Robert Kelly L. Ward Nelson Carl Weimer what NI COUNTY COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: P1._.A N M AJ &[ C OYv M I.5 5 i o N Which position on this board are you applying for (if applicable)? _ytsTRlc-_r 3 Which Council district do you reside in? ( ) One Are you a US citizen? 0 yes ( ) no ( ) Two Are you a registered voter? W Three (/) yes ( ) no Name:0�--i�rl Date: ikAei Log Street Address: d kC RARD Ik • City: %Kd D 8 L r, Zip Code: CtV2_z18 Mailing Address (if different from street address): Day Telephone:' ✓�'� Evening Telephone: "- Fax Number: E-mail address: 5T2FtrL AIS Occupation (If retired, please indicate former occupation):R1�E�T�=R/L'�I1)T�2CT/� Professional/Community Activities: Education: /- 6Soe )A-&55 DC(Z?�C-E LJCe -- MN6r wtdu Qualifications related to position: a� YRS. EXR i2�ENCe✓ �� 6: F5t®EtJ?f}L, _OWSM Jc7i-AJ _'fAwitt~ip&x-'y W 01-NI C&DES t YeWIAJC.r CIO, Describe why you are interested in serving on this board or commission: `rO #G-P 115�Sd12E h J_lV 8LL C_,D0j0T� Fo-9� My 4f_WbCN(Lpf�t) To 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? () yps AA no If yes, please explain:. References (please include name and daytime telephone number): CAA1_ &29/4t&Z '304- 511'' A Signature of applica --1462- C4 Ai2I J WE As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 552 PETE KRAEMEK *l Tlff ,X&utwe C E V JAN DA 2010" WHATCOM COUNTY - COUNCIL APOUCATION F6R APP0Mtl4ENT-T0`VHATC0M COUNTY 130AjtDS;l NbCOMMIS91ONS1 A Nt iiault� COMM; . YNq..: W, 1.4h: Co :4 'd ees! JwThre-d -A# 0 WOO :04W:: Vg&A"&a. 'Sm . . . . . . . . . . -0031 Am tea. .V, to. co Moc d" with W� ves....0caw-AxA- P.eferences,(plesse.indud45tiameand..d4yumolteiev AS`A tA(Wl#0l-tWt*:a PUblic bord or tbe.;46 "#.*w- —W n 0 t, co v theColintVC.0 d1j:f- a 1-keekt.i. arw-lho Ob I 553 County Executive Q��--` `- Vic. Barbara E. Brenner Ui Laurie Caskey-Schreiber i� J� f I�, Sam Crawford Seth M. Fleetwood Robert Kelly NOV' 20 .2009 L. Ward Nelson Carl Weimer WHATCOM COUNTY COUNCIL. APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: w, C, Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One ( ) Two ()() Three Are you a US citizen? ()Q yes ( ) no Are you a registered voter? (X) yes ( ) no Name: agoR !gP E. W h/4 Date: i ao O% Street Address: L� Ar_6�ell Rd City: r-eX1Vd!!4k_0 Zip Code: ' Mailing Address (if different from street address): Day Telephone: ,�� o- 9 3 3 —V09 o Evening Telephone:��e Fax Number: E-mail address: whi�� �- eoed 42 c. 4-4,00 . eel* Occupation (If retired, please indicate former occupation): 7A uKOlvc, - Professional/Community Activities: J)",1N�y2 %s�Q/c� Canr�rissl /�/L4ua.ct-, X5 1, i'/Qeci�tLS Education I-CCTd2 cDr.��y�644 f g o y fir JL LS Cl-U CSL J fe P>z , ('ow w1 e SOX4L) 2. v/7,4P RaNw- / Qualifications related to position: des l �e-W4 �k W 44 owt Co L&IO& /:I !ms. 8u t L-i Dun_ �r /lO4(e hce-C, a,y(6dN4 w.4N„Jki4.rL W& TAe- Ag#At;uj &"fkuetlJ 00ak,iv'5s. 45 AN gofi#oyen .4uj owA1eR:rA-WI /4wA-� oFfke itAkf*L cc ' 9004fw16--41n• Describe why you are interested in serving on this board or commission: AlAyies & s,ale iAi `5o. CAL. ft- IqAAJ4 ZV'eAL&!; /1 A!ql A&Z>44Q-e aF -Ae ec+ of ooaz iac A-2S e L ow( M i Me D youTV`i spou a have a financial interest id dr are you an em loyee 6r officer ofany business or agency that does business with Whatcom County? ( ) yes (} no If yes, please explain: References (please include name and daytime telephone number): S-A-At e &Ite'L 30-- 3Ya—_0,3; Qge Signature of applicant: 312 01 As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 554 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 80 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1/20/2010 1/26/2010 Council Division Head. - Dept. Head. - Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Approval of Special Standing Council Meetings for 2010 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.) Approval of Special Standing Council Meetings for 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 Coun 's website at. www.co.whatcom.wa.us/council. 555 CLERK OF THE COUNCIL co Dana Brown -Davis, C.M.C. �c0M COUNTY COURTHOUSE 3 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 �`ShING�0 WHATCOM COUNTY COUNCIL SPECIAL "STANDING" COUNCIL MEETINGS FOR 2010 (OFFICIAL ACTION MAY BE TAKEN AT THESE MEETINGS) HEALTH BOARD 10:30 A.M. TO NOON WHATCOM COUNTY COUNCIL CHAMBERS, 311 GRAND AVENUE MARCH 2, 2010 JUNE 1, 2010 AUGUST 3, 2010 NOVEMBER 2, 2010 SURFACE WATER WORK SESSIONS 10:30 A.M., CIVIC CENTER BUILDING, 322 N. COMMERCIAL ST. JAN UARY 19, 2010 FEBRUARY 16, 2010 MARCH 23, 2010 APR:IL 20, 2010 MAY 18, 2010 JUNE 15, 2010 JULY 20, 2010 SEPTEMBER 21, 2010 OCTOBER 19, 2010 NOVEMBER 16, 2010 JOINT LAKE MANAGEMENT COMMITTEE TO BE ANNOUNCED COUNCILMEMBERS Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Ken Mann L. Ward Nelson Carl Weimer Phone: (360) 676-6690 TTY: (360) 738-4555 FAX: (360)9§d550 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-073 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 1115110 112612010 Council Originator: l^ E � V E D aaa^uuu( ((�" Division Head: JAN i.1,9. 2010 Dept. Head: Prosecutor. WHATCOI�a , COUNTY Purchasin /Bud et: �J IN L COUNCIL Executive: TITLE OF DOCUMENT.- Appointment to the Public Health Advisory Board ATTACHMENTS: Application for Appointment SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public )tearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Pete Kremen requests confirmation of his appointment of Ethan Remmel to the Whatcom County Public Health Advisory Board. COMMITTEE ACTION. • COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wauslcouncil. 557 RECEI Pey-Schreiber MBERS: Brenner \LaMurheas Sam Crawford JAN 06 2010 Seth M. Fleetwood Robert Kelly PETt KREMEN Carll Weimer COUNTY EXECUTIVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: i' u� sor!d 13 o ct-rd- Which position on this board are you applying for (if applicable)? 1419 e-r- CefdO� Which Council district do you reside in? ()e) One ( ) Two ( ) Three Are you a US citizen? ()0 yes ( ) no Are you a registered voter? (x) yes ( ) no Name: C- -ka" e e i Date: l Z/:r 1 /09 Street. Address: 51 ► 1,t, Sf. , w,s-91-72 City: Zip Code: Mailing Address (if different from street address): Day Telephone: 76 o Co 3 9 Evening Telephone:. z Z 3 -- 61 s s' Fax Number: (3Ee) C90 --'73y E-mail address: e4keL^ wwe.,- e-�L Occupation (If retired, please indicate former occupation): A i rocc P,ofessc� Professional/Community Activities: era les for �Ge pariH—e,f aPS, yc.(%43(0�y c,,c'vck- „y vry%CA 1u� reorts Educatvv�t. � Qualifications related to position: re S ek�ei�r , c--.�'(A- aLv*J0(•�.en f- ,r.roCve� k 4-(— Describe why you are interested in serving on this board or commission: �U✓�^ ^^u/�i SC?l V4 CfL iJ2�-sr:� �, rA C"-e-, 4b0.!{ ",+,co, CO3j^ 4-G7 ia-c-. saw j c c VUZ.c�t� 2.t'�r-t•S , O��r%nc� FIA�?��f'fS-2� i.� GIn`(y1'• G.[.+[,.:/'C-{O�n.�e+.'� 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 (Yc) no If yes, please explain: References (please include name and daytime telephone number): &So-3ii S W W tX (P r y 6,%o I a Signature of applicant: C-�, O 1 #" Z _ GF e E+A (3 6,f — T 77 - q I UG- As a candidate to a public board or commission, the above information will .be available to the County Council, County Executive, and the public. 558 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-074 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM I/IS/IO January 26, 2010 Council Originator: � E E V V • D IoU�llu1 (IfUJ� � Division Head., 1 A N 19 2010 Dept. Head. Prosecutor: ylt I" ATCOM, COUNTY Purchasing/Budget: COUNCIL Executive: L �p TITLE OF DOCUMENT. Appointments to the Whatcom County Mental Health Advisory Board. ATTACHMENTS: Applications for Appointment SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If tit is item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Pete Kremen requests confirmation of his appointment of the following individuals to the Whatcom County Mental Health Advisory Board. Mark McDonald and Ronald Kleinknecht. 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. 559 PETE KREMEN County Executive FEB 10 2009 PETE KREMEN COUNTY EXECUTIVE COUNCILMEMBERS: Barbara E. Brenner Laurie Cafty-Schreiber Sam Crawfdrd . Seth M. Fleetwood Robert Kelly L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: 1`1&.kI - -4 / 14ea /fti /ads%s r B v4,d Which position on this board are you applying for (if applicable)? Which Council district do you reside in? (K') One ( ) Two ( ) Three Are you a US citizen? (p� yes ( ) no Are you a registered voter? ( ) yes ( ) no Name: M a t d McyohQ l d Date: 1— iv —o 7 Street Address: / 1 U 1 /'l c k a .h z' i'a. A v e. City:• /3e1 yW14 Zip Code: d-a,S— Mailing Address (if different from street address): Day Telephone: "?Sq - dL® 4j- IEvening Telephone: Fax Number: E-mail address: Occupation (If retired, please indicate former occupation): u D is &'�/eo! Professional/Community Activities: m e h //e, / S ad I/ t ,'� e Education: Ca e... Qualifications related to position: Describe why you are interested in serving on this board or commission: _T one ci An eh A,- / /-/ J*?eH echd cc. veld �iAre iA"p✓/ "7 j1, ftok.Ai CL 47 Fa v ., 714 '1• b o a H d Fv h m y S- e a ti d vt'4 eA ti,etif4,/ 4e4//-4 co.4ifv,,-iez-s 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? ( ) yet no If yes, please explain: References (please include name and daytime telephone number): Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 560 PETE KREMEN �GOM CO COUNCILMEMBERS: County Executive sa oy RECEIVED Barbara E. Brenner s' Laurie Caskey Schreiber f DEC 7 2009 SetSam Fleetwoodtw Robert Kelly sy�N,�c ME KREME:N L. Ward Nelson COUNTY EXECUTIVE Carl Weimer APPLICATION FOR APPOINTMENT TO W14ATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: 01 e�L a &Ko - U iSo Q �?©q FC0_ Which position on this board are you applying for (if applicable)? �Q- Which Council district do you reside in? N One ( ) Two () Three Are you a US citizen? N yes ( ) no Are you a registered voter? ()4 yes ( ) no Name: 7�WhgA K1f_J1VkVeC-k7_ Date: e-C, . �, 2pp q Street Address: City: �' �� I rtl.� Zip Coder Mailing Address if different from street address): Day Telephone. 36a ,23S ---I D �?3 Evening Telephone: .34 vk Fax Number: E-mail address: I-09A1b. KIe,;NKA, eck—f o0i IOWU m,P—dLL Occupation (If retired, please indicate former occupation): e ►"� f eSsav .S c�rJ16 t� Professional/Community Activities: .Prm6k : �' . 00 690V' 1M�^► � r' © V, I 40-1 j 1C_ t_ftCV__C'0. it, W %Arj Education: Qualifications related to position; t4 a ,-or L'8""�lPAA-C,C4_00 Cj(L4 j Ca4t) Describe why you are interested in serving on this board or commission: d d 11,V t i 4 jNt S eriJ ��� ^..cu i� 9c cr"q-� 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 g) no If yes, please explain: l f References (please include name and daytime telephone number): W os�- Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 561