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HomeMy WebLinkAboutPacket Nov 23 2010WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-392 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: g 16 / 11123110 Finance Jon Hutchings ! ECIF VCDD Comnrittee/Councii Division Head: (/ Jon Hutchings NOV f 6 ,.,2010 Dept. Head: I� jglo Frank M. Abort WHATCOM COUNTY Prosecutor: ( ►►tloR/io Dan Gibson /�/r ' rr COUNCIL Purchasin Bu et. Executive: Ak, I TITLE OFD CUMENT.A Resolution Establishing a Minimum Balance for the Flood Control Zone District Fund to Maintain as an Emergency and Operating Reserve ATTACHMENTS: Proposed Resolution 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.) 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.whatcom.wa.us/councib 1 2 SPONSORED BY: 3 4 PROPOSED BY: 5 6 INTRODUCTION DATE: 7 8 9 10 RESOLUTION NO. 11 (A resolution of the Whatcom County Flood Control Zone 12 District Board of Supervisors) 13 14 ESTABLISHING A MINIMUM BALANCE FOR THE FLOOD CONTROL 15 ZONE DISTRICT FUND TO MAINTAIN AS AN EMERGENCY AND OPERATING 16 RESERVE 17 18 WHEREAS, on October 22, 1991 the Whatcom County Council adopted 19 Ordinance 91-076 creating a county -wide Flood Control Zone District (District), and 20 21 WHEREAS, the District was created to provide comprehensive flooding 22 response including maintenance of levees, dikes and other flood control 23 infrastructure, disaster response, repair of flood damages, and construction of flood 24 control system improvements that reduce future flood damages in the Nooksack 25 River watershed and other watersheds in Whatcom County; and 26 27 WHEREAS, demand for District resources has increased to address other 28 water resource issues, including stormwater management, salmon recovery, marine 29 resource protection, water resource planning, and long-term watershed 30 management; and 31 32 WHEREAS, in accordance with RCW 86.15, much of the additional work has 33 been funded using District tax revenues and the District fund balance has declined; 34 and 35 36 WHEREAS, substantial financial resources are necessary to enable timely 37 response and recovery measures during a flooding disaster and to maintain adequate 38 operating reserves to keep the District solvent; and 39 40 WHEREAS, past flood response and recovery costs for Whatcom County and 41 other Counties in the Puget Sound region demonstrate that an emergency reserve of 42 five (5) million dollars is appropriate; and 43 44 NOW THEREFORE BE IT RESOLVED by the Whatcom County Flood Control Zone 45 District Board of Supervisors that a minimum balance of five (5) million dollars will 46 be reserved in the District fund. Unless otherwise authorized by the Board of 47 Supervisors, expenditures that draw the fund below the reserved amount are allowed 48 only for (1) responding to and recovering from flooding disasters declared by the 49 Whatcom County Executive or his/her designee and (2) financing day-to-day 50 operations of the District whereby the current Fiscal Year ending fund balance shall 51 not be less than the reserve amount. 52 53 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 APPROVED this day of 12010. WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor Sam Crawford, Chair 0) 3 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-380 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: GIC�QM�D 11109110 Intro 11/23/10 ' Finance Division Head Committee; NOV .;4 '2010 Council Dept. Head. �/� H WH AT.COM COUNTY Prosecutor: °+•�1Tw i COUNCIL Purchasing/B , 10 Zq 10 Executive: TITLE F DOCUMENT, 2010 Supplemental Budget Request #17 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 #17 requests funding from the General Fund. 1. To appropriate $85,143 in Sheriff to fund the Northwest Regional Drug Task Force positions for the period of July 1 through December 31, 2010. 2. To appropriate $50,418 in Sheriff to fund the equipment and software upgrades with Department of Homeland Security, SHSP E09-181 grant program proceeds. 3. To appropriate $58,341 in Sheriff to fund the overtime costs at the Whatcom County Emergency Management Center during the 2010 Winter Olympics with Department of Homeland Security, Olympic Coordination Center grant proceeds. 4. To appropriate $12,000 in Sheriff to fund the overtime costs and equipment used in marijuana eradication activities with grant proceeds. 5. To appropriate $15,000 in Sheriff to fund the background check costs for concealed weapons permits. 6. To appropriate $57,600 in Sheriff to fund the Records Management Consultant from the Department of Justice grant proceeds. Z To appropriate $50,000 in Sheriff to fund the purchase of a cargo van to serve as the platform to become the Remote Areas Response Communication Vehicle with Department of Homeland Security, Buffer Zone grant program proceeds. 8. To appropriate $52,263 in Sheriff to fund overtime for reimbursable projects. 9. To appropriate $7,610 in Sheriff to fund Department of Homeland Security Domestic Nuclear Detection Office pilot project participation with Battelle Memorial Institute contract proceeds. COMMITTEE ACTION: COUNCILACTION. 11/09/2010: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: M SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DATE: 11/9/10 AMENDMENT NO. 17 OF THE 2010 BUDGET 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 Sheriff 388,375 (303,307) 85,068 Total Supplemental 388,375 (303,307) 85,068 ADOPTED this day of , 2010. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: )��cJ - � � %� ) Ah7S Civil Deputy ros or Sam Crawford, Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: I:\BUDGET\SUPPLS\2010_Suppl\Supplementa1 #17-2010.doc k" WHATCOM COUNTY Summary of the 2010 Supplemental Budget Ordinance No. 17 Net Effect to Increased Fund Balance Expenditure (Increased) (Increase) Department/Fund Description Decrease Revenue Decrease General Fund To fund Northwest Regional Drug Task Force Sheriff positions for the period of July 1 through December 31, 2010. 85,143 - 85,143 To fund equipment and software upgrades with Sheriff Department of Homeland Security, SHSP E09-181 grant program proceeds 50,418 (50,418) To fund overtime costs at the Whatcom County Emergency Management Center during the 2010 Sheriff Winter Olympics with Department of Homeland Security, Olympic Coordination Center grant program proceeds. 58,341 58 341 - Sheriff To fund overtime costs and equipment used in marijuana eradication activities with grant proceeds. 12,000 12 000 - Sheriff To fund background check costs for concealed weapons permits. 15,000 15 000 - Sheriff To fund Records Management Consultant from Department of Justice grant proceeds 57,600 57 600 To fund purchase of cargo van to serve as the platform to become the Remote Areas Response Sheriff Communication Vehicle with Department of Homeland Security, Buffer Zone grant program proceeds. 50,000 50 000 - Sheriff To fund overtime for reimbursable projects 52,263 (52,263) To fund Department of Homeland Security domestic Sheriff Nuclear Detection Office pilot project participation with Battelle Memorial Institute contract proceeds. 7,610 (7,685) (75) Total General Fund 388,375 (303,307) 85,068 Total Supplemental 388,375 (303,307) 85,068 WHATCOM COUNTY JEFF PARKS SHERIFFS OFFICE UNDERSHERIFF E. o t ART EDGE BILL ELFO k SHERIFF CHIEFDEPUTY DOUG CHADWICK PUBLIC SAFETY BUILDING CHIEFDEPUTY 311 Grand Avenue Bellingham, WA 98225-4078 STEVE COOLEY (360) 676-6650 CHIEFINSPECTOR WENDY JOKES CHIEF OF CORRECTIONS October 21, 2010 To: Pete Kremen, County E cutive From: Sheriff Bill Elfo Re: Supplemental Budget ID# 1126 Northwest Regional Drug Task Force Grant U. S. Department of Justice, Bureau of Justice Assistance CFDA # 16.738 We are requesting spending authority in the amount of $85,143 from grant funds in support of the NWRDTF for the period of July 1, 2010 through December 31, 2010. This is an existing, ongoing grant. The expenditure authority will fund one detective from Ferndale and one from the Bellingham Police Departments, as well as travel costs. The grant revenue and deputy wages and benefits are already budgeted in the Sheriff's 2010 budget as recurring items but the city contracts and travel costs still need budget authority. These expenses will be covered by the grant revenue already in the 2010 budget. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. Supplemental Budget Request Status: Pending Sheriff Operations Supp7lD# 1126 Fund 1 Cost Center 2992 Originator. Marvette Gwinner Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 I Name of Request. Drug Task Force CI Costs: i5�__ 44w7 -2O/D Signature (Required on Hard Copy Submission) Date Object Object Description Amount Requested 6780 Travel-Educ/Training $2,701 7220 Intergov Subsidies $82,442 Request Total $85,143 la. Description of request. This is the annual WA State DOC and US DOJ grant (JAG) in support of the Northwest Regional Drug Task Force. This request funds the period for July 1 - December 31, 2010. The funds are for one deputy, and one officer each from Bellingham Police Department and Ferndale Police Department. There will also be some training involved as required by the Grant. 1b. Primary customers: Citizens of Whatcom County 2. Problem to be solved. Annual funding to establish and continue support of the regional drug task force to combat illegal drug manufacture and distribution. The grant revenue and deputy wages and benefits are already budgeted in the 2010 Sheriffs budget as recurring items but the city contracts and travel items still need budget authority. These expenses will be covered by the grant revenue in the budget. 3a. Options /Advantages: N/A 3b. Cost savings: 4a. Outcomes: Performance requirements of the grant will be met. 4b. Measures: 5a. Other Departments/Agencies: N/A 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: U. S. Department of Justice, Bureau of Justice Assistance grant revenue which is already budgeted in the 2010 budget. CFDA # 16.738 Wednesday, October 27, 2010 Rpt: Rpt Suppl Regular i WHATCOM COUNTY JEFF PARKS SHERIFF'S OFFICE UNDERSHERIFF A F ART EDGE BILL ELFO CHIEF DEPUTY SHERIFF DOUG CHADWICK PUBLIC SAFETY BUILDING '' CHIEFDEPUTY 311 Grand Avenue STEVE COOLEY Bellingham, WA 98225-4078 CHIEF INSPECTOR (360) 676-6650 wENDY JONES CHIEF OF CORRECTIONS October 21, 2010 To: Pete Kremen, County E cutive From: Sheriff Bill Elfo Re: Supplemental Budget ID#1145 Homeland Security Grant Program (SHSP) E09-181 Cost center 2988 We are requesting spending authority in the amount of $50,418.00 from grant funds transferred to WCSO to support several project areas. The grant funds will be used for equipment, training, and a software programming systems upgrade. All projects and equipment acquisitions have been vetted by the State. Equipment: Ballistic helmets for patrol personnel who have been trained to respond to active shooter and tactical entry situations. A laptop computer is necessary for patrol to be added to the current inventory. Software programming/upgrade: Recent testing and training revealed that the I520 system that the Sheriff's Office uses cannot accommodate the required data fields for the new citation numbers. In addition the data field has to be increased to allow use of the automated Sector E-Ticket system that is deployed state-wide, and scheduled for a soft start in Whatcom County late this year. Several local law enforcement personnel, including Sheriff's Office members attended hostage negotiations update training this year which qualifies for reimbursement under the SHSP grant. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Pub5c Safety. Supplemental Budget Request Status: Pending Sheriff Administration Supp'11D # 1145 j Fund 1 Cost Center 2988 Originator: Undersheriff Parks Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Equipment and Software Upgrade Depa ent Head Signature (Required on Hard Copy Submissio) Date Costs: Object Object Description Amount Requested 6140 Overtime $2,591 6210 Retirement $143 6230 Social Security $208 6259 Worker's Comp-Interfund $91 6269 Unemployment-Interfund $8 6320 Office & Op Supplies $14,795 6510 Tools & Equip $4,500 6520 Software $25,000 6780 Travel-Educ/Training $3,082 8301.167 Operating Transfer In ($50,418) Request Total $0 la. Description of request, Homeland Security Grant funds to be used for: Equipment: Ballistic protective helmets for use by patrol personnel responding to active shooter and tactical entry situations (6320) Computer Equipment: Additional laptop computer for newhire patrol deputy (6510) Software Upgrade: Programming necessary to update 1520 computer system for WCSO so that citations can be entered and the Sector e-ticket system can be utilized. (6520) Training & Overtime: Hostage negotiations training for local (Whatcom County) negotiators (6780) 1b. Primary customers: Law Enforcement Operations, Records and ID Bureau - WCSO, and citizens of Whatcom County. 2. Problem to be solved: Equipment, software and computer necessary for support of law enforcement operations and required safety equipment. 3a. Options /Advantages: Grant funding is best option to alleviate support from General Fund. 3b. Cost savings: 4a. Outcomes: Funding already obtained - require spending authority. Wednesday, October 27, 2010 Apt: Rpt Suppl Regular 10 Supplemental Budget Request Status: Pending Sheriff Administration Supp'l ID # 1145 Fund 1 Cost Center 2988 Originator. Undersheriff Parks 4b. Measures: 5a. Other Departments/Agencies: N/A 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Homeland Security Grant Program (SHSP) E09-181 transfer in from Emergency Management Wednesday, October 27, 2010 Rpt: Rpt Suppl Regular 11 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 MEMORANDUM TO: Pete Kremen, County Execu FROM: Bill Elfo, Sheriff RE: Olympic Coordinatio enter Date: October 20, 2010 • Background and Purpose JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEFDEPUTY STEVE COOLEY CHIEFINSPECTOR WENDY JONES CHIEF OF CORRECTIONS RECEIVED OCT 22 2010 PETE KREMEN COUNTY EXECUTIVE To cover overtime time costs at the Whatcom County Emergency Management Center during the 2010 Winter Olympics held in Vancouver, Canada. Whatcom County required additional law enforcement staffing and resources to handle increased coverage at the WC Emergency Management Center during the Olympics. This was a 24-hour 7-day a week coverage. • Funding Amount and Sources Department of Homeland Security $58,341.00 Please contact Undersheriff Jeff Parks at 50418 is you have any questions of concerns regarding the terms of the agreement. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Publ?Safety. Supplemental Budget Request Status: Pending Sheriff Operations sup llp D # 1133 1 Fund 1 Cost Center 2966 Originator. Marvette Gwinner Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Olympic Coordination Center Depa : ent Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4338.2100 OT Reimbursement 6140 Overtime $50,032 6210 Retirement $2,735 6230 Social Security $4,084 6259 Worker's Comp-Interfund $1,330 6269 Unemployment-Interfund $160 Request Total $0 la. Description of request. During the 2010 Winter Olympics held in Vancouver, Canada, we did security at the Bellingham - Whatcom County Emergency Management Center. This was a 24 hour 7 day a week coverage during the Olympics. 1b. Primary customers: Citizens of Whatcom County and those attending the Winter Games. 2. Problem to be solved. To combat terrorism 3a. Options /Advantages: None 3b. Cost savings: Savings of $58,341.29 from the General Fund. 4a. Outcomes: Safety to the citizens of Whatcom County. 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: Department of Homeland Security. Wednesday, October 27, 2010 Rpt: Rpt Suppl Regular 13 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 October 14, 2010 TO: Pete Kremen, County ExP', FROM: Bill Elfo, Sheriff RE: Marijuana Eradication W.C. Contract 201006001 Supplemental ID# 1140 JEFF PARKS �[L UNDERSHERIFF 1 ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEFDEPLITY STEVE COOLEY CHIEF INSPECTOR WENDY JOKES CHIEF OF CORRECTIONS 0- X4.40 � 1�10,,, .0 OCT 15 2010 PETE KREMEN COUNTY EXECUTIVE Whatcom County received grant for Marijuana Eradication. It is to cover the costs for overtime and benefits of our officers who engage in investigation and eradication of marijuana. With the Washington State Patrol approval we are also able to buy equipment and supplies that are used directly for marijuana eradication activities. Djur Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Pu14 blic Safety. Supplemental Budget Request Sheriff Operations supp'J ID # �40 Fund 1 Cost Center 2972 Originator. Marvette Gwinner Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Marijuana Eradication Costs: Signature (Required on Hard Copy Submission) / t Date Object Object Description Amount Requested 4333.1603 Marijuana Eradication S ($12,000) 6140 Overtime $4,106 6210 Retirement $170 6230 Social Security $320 6259 Worker's Comp-Interfund $108 6269 6320 Unemployment-Interfund Office & Op Supplies $13 $g 02g 6780 Travel-Educrrraining $1,255 Request Total $0 la. Description of request: To pay for overtime wages and benefits of officers who are engaged in investigation and eradication of marijuana and to purchase equipment and supplies that have the WSP approval which are used directly for marijuana eradication activities. 1 b. Primary customers: Citizens of Whatcom County 2. Problem to be solved: Whatcom County continues to find and investigated marijuana grow operations which is a growing problem in Whatcom County. Without investigating this problem, Whatcom County will see an influx of crime. 3a. Options / Advantages: n/a 3b. Cost savings: $12,000.00 from the General Fund. 4a. Outcomes: The outcomes will be the amount of marijuana plants and grow operations that are eliminated. 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Thursday, October 14, 2010 Rpr: Rpr Suppl Regular 15 Supplemental Budget Request Sheriff Operations Supp'l to # 1140 Fund 1 Cost Center 2972 Originator: Marvette Gwinner Federally funded through the Domestic Cannabis Eradication/Suppression. CFDA # 16.000 Thursday, October 14, 2010 Rpt: Rpt Suppl Regular 16 ORIGINAL WHATCOM COUNTY CONTRACT NO. ao/oo(ooa� WSP Contract No. WASHINGTON STATE PATROL INTERAGENCY AGREEMENT 7FED Other C Other Contract No. Marijuana Eradication 2010 This Agreement is between the State of Washington, Washington State .Patrol aril ff'e' Public Agency. identified below, and is issued pursuant to the Interlocal Cooperation Act, chapter39'34 R.P. ,. PUBLIC AGENCY NAME Public Agency Federal Employer Identification Number Whatcom County Sheriffs Office Public Agency Location Address Public Agency Mailing Address (if different from location address) 311 Grand Ave Bellingham WA 98225 Public Agency Contact Name Public Agency Contact Telephone Sheriff Bill Elfo (360) 676-6650 Public Agency Contact E-mail Address Information Public Agency Contact Fax WSP Contact _ WSP, Project Manager Name and Title WSP Project Manager Address Lieutenant Rich Wiley WSP Investigative Assistance. Division Narcotics Section—.---- PO Box 42634, Olym is WA 98504-2634 _ Telephone Fax E-mail Address (360 j 507-0453 (360) 704-2973 richard.wiley wsp.wa_gov WSP Administrative Contact Name and Title WSP Administrative Contact Address Mr. Jeff Hugdahl PO Box 42602 Grants and Contracts Manager Olympia WA 98504-2602 . Telephone x E-mail Address (360) 596-4052 T(360)596-4077 jeff.hugdahl@wsp.wa. ov Federal Assistance Information Is the Public Agency a subrecipient of federal assistance for the purposes of CFDA Number(s) this agreement? ® Yes ❑ No 16.000 For State Reporting Only) Federal Grant Award Name Federal Grant Award Number Domestic Cannabis Eradication/Suppression 2010=146 Is this agreement funded by a federal award for research and development? Federal Award Year ❑ Yes ® No 2010 Agreement Start Date Agreement End Date Maximum Agreement Amount January 1, 2010 December 31, 2010 1$12,000 This Agreement, including the attached Terms and Conditions and any other documents incorporated by reference, contains all of the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Agreement and have the authority to enter into this Agreement. FOR THE WASHINGTON STATE PATROL: FOR THE PUBLIC AGENCY: WSP Sig Date Public Agency Signature Date G (Sew 4-ffILC-l.a- Printed Name and Title d Title Printed a . VBatiste, FOR: Jon C - f APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 2/12/02 JSP Interagency Agreement (12/02 Page 1 of 12 17 WHATCOM COUNTY: ShertDate Approved as to form: rosecuting Attorney Approved: Accepted for Whatcom County V4�' a. ' We Kreme hatcom County Executive 1 . b—�-10 Date yzv D to STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) Dewey G. Desler, Deputy Administrator for Pete Kremen, County Executive On this )"day of. , 201 o , before me personally appeared6te- ^,-t.TmP Whatcom County, who executed the abo `y instrument and who acknowledge to me the act of signing and sealing thereof. �yq--°', • 0� Al - u� NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: I Z -3 ( -/ S WSP INTERAGENCY AGREEMENT (Continued) 1.. Definitions. "Agreement" means this Interagency Agreement, including all documents attached or incorporated by reference. "Public Agency" means the entity performing services to this Agreement and includes the Public Agency's officers, directors, trustees, employees and/or agents unless otherwise stated in this Agreement. For the purposes of this Agreement, the Public Agency shall not be considered an employee or agent of WSP. "WSP" means the State of Washington, Washington State Patrol, and its officers, directors, trustees, employees and/or agents. 2. Statement of Work. The Public Agency shall perform the services as set forth in Exhibit A, Statement of Work, which is attached hereto and incorporated herein. 3. Payment. WSP shall pay the Public Agency an amount not to exceed the Maximum Agreement Amount specified on Page 1 of this Agreement, minus any matching requirements held by the Public Agency as specified in this Agreement. 4. Billing Procedure. WSP shall reimburse the Public Agency according to Exhibit A, Statement of Work, for work performed to the satisfaction of the WSP Project Manager. Compensation for services rendered shall be payable upon receipt of properly completed invoices, which shall be submitted not more often than monthly to the WSP Project. Manager. The invoices shall describe and document to WSP's satisfaction a description of the work performed, activities accomplished, the progress of the project, and fees and expenses. All invoices submitted for payment by the Public Agency shall reference WSP's agreement number. 5. Agreement Alterations and Amendments. WSP and the Public Agency may mutually amend this Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind WSP and the Public Agency. 6. 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 written consent of the other party. 7. Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: The Chief of WSP shall appoint a member to the Dispute Board. The Public Agency shall appoint a member to the Dispute Board. The Chief of WSP and the Public Agency shall jointly appoint a member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding to all parties to this Agreement. 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. WSP Interagency Agreement 2112/02 Page 2 of 12 19 WSt' INTERAGENCY AGREEMENT (Continued) 8. Indemnification. The Public Agency shall be responsible for and shall indemnify and hold WSP harmless for all claims resulting from the acts or omissions of the Public Agency and its subcontractors. WSP shall be responsible for and shall indemnify and hold the Public Agency harmless for all claims resulting from the acts or omissions of WSP and its subcontractors. 9. 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. 10. Inspection; Maintenance of Records. During the term of this Agreement and for one year following termination or expiration of this Agreement, the Public Agency shall give reasonable access to the Public Agency's place of business and records to WSP and any other employee or agent of the State of Washington or the United States of America for the purpose of inspecting the Public Agency's place of business and its records, and monitoring, auditing and evaluating the Public Agency's performance and compliance with applicable laws, regulations, rules and this Agreement. During the term of this Agreement and for six years following termination or expiration of this Agreement, the Public Agency shall maintain records sufficient to document .(i) performance of all acts required by statute, regulation, rule, or this Agreement; (ii) . substantiate the Public Agency's statement of its organization's structure, tax status, capabilities and performance; and (iii) demonstrate accounting procedures, practices and records which sufficiently and properly document the Public Agency's invoices to WSP and all expenditures made by the Public Agency to perform as required by this Agreement. 11. Order of Precedence. In the event of any 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 to: Applicable federal and state law, regulations and rules; Exhibit A, Statement of Work; Any other provision of this Agreement; and Any document incorporated by reference. 12. Personnel. WSP officers performing work under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee, and shall perform duties required under this Agreement in a manner consistent with WSP policy and regulations, and applicable federal, state and local laws. The assignment of WSP personnel under this Agreement shall be at the discretion of the Chief of WSP or designee. 13. 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 WSP. 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 copyrights, patent, register, and the ability to transfer these rights. WSP Interagency Agreement Page 3 of 12 2/12/02 20 WSe INTERAGENCY AGREEMENT (Continued) 14. Savings. In the event that funds WSP relied upon to establish this Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, WSP may immediately terminate this Agreement by providing written notice to the Public Agency. This termination shall be effective on the date specified in the notice of termination_ 15. 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. 16. Single Audit Act Compliance. If the Public Agency is a subrecipient of a federal award as identified on Page 1 of this Agreement, the Public Agency shall comply with Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments and Non -Profit Organizations. 17. Subcontracting. Except as otherwise provided in this Agreement, the Public Agency may subcontract for any of the services provided under this Agreement with the prior, written approval of WSP. The Public Agency shall be responsible for the acts and omissions of any subcontractor. 18. Termination. Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty. (30) calendar days written notification. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination. 19. 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 writing and signed by an authorized representative of the party and attached to the original Agreement. WSP Interagency Agreement 2/12/02 Page 4 of 12 21 Exbibit A STATEMENT OF WORK 1. Purpose. There is evidence that trafficking in controlled substances exists and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of Washington. The purpose of this Agreement is to provide funding.to local law enforcement agencies to support the locating and eradication of illicit cannabis plants, and the investigation and prosecution of cases involving controlled substances before state and federal courts in the State of Washington. 2. Statement of Work. The Public Agency, with its own law enforcement personnel and employees, shall perform activities supporting the locating and eradication of illicit cannabis plants, such as: a. Gathering and reporting intelligence data relating to the. illicit possession and distribution of marijuana, including information on individuals arrested, weapons seized, plants.removed, location of gardens, and techniques used. b. Investigating and charging individuals involved in the domestic production pf marijuana. Investigations should seek to identify and charge criminal organizations involved in the illicit production of marijuana. c. Providing, upon request, case -specific information to the Pacific Northwest High -Intensity Drug Trafficking Area (HIDTA) analyst designated by HIDTA to support marijuana investigations statewide. Case -specific information provided to this analyst will be handled in accordance with Western Information System Network (WSIN) policy. Whenever appropriate, the Public Agency will utilize HIDTA intelligence analysts; these analysts support the criminal investigation process by providing direct support as an investigation unfolds, conducting data analysis and research. The value of these services is also found in the technology HIDTA uses to produce analytical charts and graphs depicting all aspects of an investigation. d. Providing law enforcement personnel staffing for illicit marijuana eradication within the State of Washington. e. Arresting and bringing to prosecution defendants charged with the violation of controlled substances laws. Sending required samples of eradicated marijuana to the National Institute on Drug Abuse (NIDA) Marijuana Potency Monitoring Program, at the University of Mississippi. Each recipient agency should submit a minimum of four samples utilizing the form and instruction attached (Exhibit C). Potency monitoring is critical for monitoring the increasing potency of marijuana produced in the United States. Reporting Requirements. The Public Agency shall submit monthly billinq and reports to the WSP Project Manager identified on Page 1 of this Agreement. An example of the designated format for reporting is attached (Exhibit D)_ The forms are included an excel workbook that has been designed to assist agencies with reporting. An electronic copy of the reporting forms will be provided by the WSP Project Manager. WSP shall not reimburse the Public Agency for any activity or associated cost that has not been identified in a Public Agency's monthly report. All reports and billings must be received by WSP no later than November 30, 2010, for all reimbursable activities during the period of performance for this Agreement. WSP Interagency Agreement Page 5 of 12 2112/02 22 The Public Agency shall report all seizures to the WSP utilizing the Marijuana Cultivation Seizure Report form (Exhibit B to this Agreement) for each garden seized. GPS coordinates are desired for all grow locations. GPS coordinates are required for outdoor grow locations. Indoor grow locations require physical addresses and, if available, GPS coordinates. 4. Allowable Costs. Agreement funds may be used to reimburse the Public Agency for the following: Law enforcement officer(s) overtime salaries and benefits during the time they are engaged in activities directly supporting the program. b. Mileage, subsistence and lodging costs for law enforcement officers during the time they are engaged in the eradication process or attending associated training and planning meetings. All mileage, subsistence and lodging costs shall be reimbursed at current State of Washington travel reimbursement rates. c. Rental, leasing, maintenance and operation costs for equipment used directly for marijuana eradication. All aircraft used pursuant to this Agreement shall meet all applicable Federal Aviation Administration rules and regulations. d. Equipment purchases for equipment used directly for marijuana eradication. All such equipment purchases require prior authorization by WSP and such purchases shall be detailed in a letter or email to the WSP Project Manager identified on Page 1 of this Agreement. Details shall include type and quantity of equipment, the cost of equipment and requested reimbursement amount and how this equipment supports your marijuana eradication efforts. The authorization request letter or email to the Project Manager must be received by the WSP no later than August 31, 2010. The WSP shall return a letter or email to the Public Agency granting or denying authorization. All funds are to be expended no later than October 31, 2010. 5. Unallowable Costs. Reimbursement to the Public Agency under this Agreement is limited to those cost items identified in Section 4, Allowable Costs. Additionally, the use of Agreement funds is expressly prohibited for defraying the costs related to herbicidal eradication of marijuana without the written consent of WSP in advance. 6. Use of Funds by Other Law Enforcement Agencies. The Public Agency may elect to use Agreement funds to reimburse other law enforcement agencies for their marijuana eradication efforts. If Agreement funds are used in this fashion, the Public Agency remains responsible for ensuring all costs submitted for payment by other law enforcement agencies are allowable under this Agreement. The Public Agency must also report the activities of other law enforcement agencies reimbursed under this Agreement in the Public Agency's monthly report to WSP. Reallocation of Funds. As expeditiously as possible, the Public Agency shall notify the WSP Project Manager if the Public Agency shall not be able to expend any portion of funds provided under this Agreement. Subject to the Agreement Alterations and Amendments section of this Agreement, WSP shall reallocate unexpended funds to other law enforcement agencies that have demonstrated a need for additional funding. 8. Hold Harmless. In addition to the Indemnification section of this Agreement, the Public Agency shall hold the U. S. Drug Enforcement Administration, its agents and employees, and the United States Government harmless from any and all claims, demands, suits, liabilities and cases of action, or whatever kind and designation, and where -ever located in the State of Washington, resulting from activities funded through this Agreement. WSP Interagency Agreement 2/12/02 Page 6 of 12 23 9. Certifications. The Public Agency shall execute and return to WSP OJP Form 4061/6, Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The Public Agency acknowledges that this Agreement shall not take effect and that no funds shall be reimbursed until the completed OJP Form 4061/6 is received by WSP. WSP Interagency Agreement Page 7 of 12 2/12102 24 Exhibit B MARIJUANA CULTIVATION SEIZURE REPORT MAIL TO: DCE/SP (Domestic Cannabis Eradication Suppression Program) PO BOX 2347 OLYMPIA, WA 99507-2347 EMAIL TO: paiee.eroner-himes(@wsp.wa.eov FAX: (360) 704-2973 Seizure Date: Case: # County: I Phone: Seizing Agency: Case Officer: Report Prepared By: I Deconfliction with NW HIDTA : []Yes ❑No Marijuana Hotline Tip: Yes ❑No ❑ Unknown Sample Sent to University of Mississippi: 0Yes ❑No ftiDbF(ESS OFSE:11w Address: City: Grown By: Number of Grow Rooms': Indoor: Residence ❑Occupied Unoccupied [I]Business ❑Occupied ❑Unoccupied Other: Description: Outdoor: Land Type: Latitude: Longitude: "' •.:..:>. SrFTE. ECU:Rl Yndi-. a,'te:N"UM oPEach. Place desc i tion in the Cornme.nt Se4 tV6ia ❑Booby Traps : # ❑Electronic Sensors: It ❑Watch Dogs: It ❑Cameras: # Trip Wires: It Number ofFiirearms: Type: ❑Revolver # ❑Semi Automatic # ❑Shotguns # ❑Rifles # ❑Other Weapons: # (please describe: knives, clubs, arrows, ett) GROW- fYHiA:RACTfR.ISTICS Discovered by: Indoor Gardens # Plants # Outdoor Gardens # Plants It Estimated Age of Plants: Starts: 1 Mo: 1 2 Mo: 3 Mo: 14 Mo: Mature: Growing Method: [-]Drip Irrigation ❑Individual Pots ❑In -Trays ❑Gravity Trays ❑Multi -Plant Pots ❑Hydroponics (Without Soil) Din -Ground Ventilation: Describe: Electrical: Generator Brand: Output: Types of Irrigation Systems: Age of Site: Evidence of Prior Years Cultivation: []Yes No Access: Maintained Trail LjTunnel ❑Road ORestricted Access Road ❑Varied Routes DVehicle []Locked Gate ❑Walking/Packing ❑Other: _� E ;.NIJMf ER,$�'�LUE:OF..A3SETS S.EKED%Indicat�;esimate.d.:cash val.ue`1 Currency: $ Real Estate Value: $ Vehicle Value: $ Other (Weapons, Grow Equipment, etc.): Bulk/Processed Marijuana (lbs.): Other Drugs (Type & Amount): w. AARE STWtHARGING INFORMATION DTO: ❑Yes ❑ No If Yes: DTOType: No. Persons Arrested: No. Weapons Seized: Search Warrants Served: Yes LjNo Arrested: rjState Federal Yes No - ❑Yes ❑No [-]Yes ❑No []Yes ❑No Name: Name. Name: Name: DOB: DOB: DOB: DOB: DLti/SID# DL#❑/SID#❑: DL#❑/SID#❑: DL#❑/SID#[j: Medical Marijuana Card: ❑Yes []No []Caregiver: ❑Patient Children Present: ❑ Yes ❑ No Number: Ages: ❑Law Enforcement: ❑Civilian I Number of Injuries: Degree of Injury: Comments: WSP Interagency Agreement 2112102 Page 8 of 12 25 NATIONAL INSTITUTE ON DRUG ABUSE THE UNIVERSITY OF MISSISSIPPI CANNABIS POTENCY MONITORING PROJECT Mail samples to: Mahmotid A, ElSohly Ph.D. National Center for Natural Products'Research —.RIPS The University of MS 135 Coy Waller Lab Complex University, MS 38677 Mail analysis results to: Phone # Exhibit C r The in accordance with the terms of the Domestic Cannabis Eradication and Suppression Program grant agreement with the Drug Enforcement Administration has acquired the following sample of domestically grown cannabis which is being forwarded for analysis. The University of Mississippi requests that samples have the following specifications: • Must be dried • Sample should weigh approximately twenty-five (25) grams (one handful) • Packaged in a "breathable" bag (i.e. paper bag or plastic bag with holes) • This form completed for EACH sample submitted, however samples can be sent in a batch • Samples can be sent via registered mail, federal Express, UPS, etc, however do not mark as restricted delivery Questions regarding sample handling or analysis should be directed to The University of Mississippi at (662) 925-5928. Date of Seizure Your Case Number Seizure Location State County Check ONE BOX as Appropriate for Each Category: Cannabis Type Cultivated Sinsemilla Cultivated no-Sinsemilla Cultivated Ditchweed Cultivated Type Unknown Ditchweed Not Sure Plant Maturity Mature Immature Unknown Comments: Signature of Submitter: Title: Cannabis Sample Bud Leaf Not Sure Grow Location Outdoor Indoor Already Harvested WSP Interagency Agreement Page 9 of 12 2112/02 26 Exhibit Definitions Already Harvested: Cannabis plant material recently dried or packaged. Average Plant Canopy Diameter: Record the diameter of a typical mature cannabis plant at its broadest point through the center. Diameter data can be used to predict usable yield with good accuracy. Cannabis Bud: Flowering top of a female cannabis plant. The bud may contain seeds. Most valuable portion of a cannabis plant to the illicit grower.. Bud formation occurs late in plant development. Cultivated Ditchweed: Male or female cannabis plant which grows wild in many states that has in some way been tended by man. Examples of tending are: weeding, watering, topping, fertilizing, and harvesting. Cultivated Non Sinsemilla: Male or female cannabis plants commonly grown for illicit drug use. Cultivated Sinsemilla: Female cannabis plant which has not been pollinated. May grow from cutting or from seed. May contain some seed (if un-pollinated the seed will be sterile.) Ditchweed: Unattended, wi Id male or female cannabis that is native to many states. Leaf. Cannabis leaf potdncy tends to correlate to position on the plant_ The most potent part of the plant is the new leaves at the top of the plant. As you move downward on the plant potency decreases. The least potent leaes on the plant are the large leaves at the bottom of the plant. Mature Cannabis: Mature cannabis plants have a higher potency than immature plants. Determination of plant maturity should be made using all available contextual factors. For example, is the plant outdoors and it's only June or July, if so, then the plant is likely immature. However, if the growing season is near an end, such as September of October, then the plant is probably mature. Note male cannabis plants are mature as early as August when grown outdoors_ It is more difficult to generalize regarding maturity of indoor grows. "Spike" cannabis plants can mature in as little as 6-8 weeks, whereas an indoor grow with plants 3-4 feet in height may take 8-16 weeks to mature. Sample Selection: Choose mature over immature plants. Choose female over male plants. Choose buds over upper plant leaves. Choose upper plant leaves over lower plant leaves, if no bud is available. Submit more than one sample per seizure if there are observably different groups of mature plants_ WSP Interagency Agreement Page.10 of 12 2/12/02 27 Exhibit D DOMESTIC CANNABIS ERADICATION/ SUPPRESSFON PROGRAM ZMD MONTHLY AC00UUTUIC FORM OVWIM8 49tvWsWa o ° . � P , � ._I � ICI �.. I�I� son= � eeeeiee e� � _�=_ � 1110IIIIIIII T■i ewe ,=Mimi IMIM Frmtoats: jj;-,."ZELQ WSP Interagency Agreement 2/12/02 Page 11 of 12 28 MC44-T}ILY REPORTING PERIOD: AGENCY: WSP CONTRACT NUMBER: TOTAL FU14DSALLOCATED: DOMESW C NNAW MOKATION/ SUPPiiESSION PROG"A?A 2010IAONTHLY A=MtTLNG FORM 0 30:D� CURRENT REIiNTING PERIM - RM):3 EXFENDE D OVERrIM,E- TRAVEL Fen TOTAL 50.00. >090 $O,.OG 50-00 PREVIOUS REPORTING PERIOD — FUNDS D!PENDED OVERTIME TRAVEL PE0 TOTAL TOTAL EXfENOI'TUFF-S TO DATE: so-w FUNDS NOT C{FENDED: DOCUTA.FJJT PREPARED BY: TI TLE PHONE NO_ SI GM TORE OF A GENCY OFFICIAL: TITLE 7 DATE: Pok'—M 5I1-NJ f v,i d4 4hs&k it and 4 ,ut t4 u4Ctyh'4} WSP Interagency Agreement 2/ 12/02 F(bw Wtc: 3/7; 20i9 Page 12 of 12 29 WHATCOM COUNTY SHERIFFS OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 October 14, 2010 TO: Pete Kremen, County Executive FROM: Bill ElfSheriff RO o, � RE: Washington State PatChecks Supplemental ID# 1139 JEFF PARKS UNDERSHERIFF ART EDGE CHIEFDEPUIY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEFINSPECTOR WENDY JOKES CHIEF OF CORRECTIONS OCT 15 2010 PE II C KREMEN COUNTY EXECUTIVE To cover the cost of background checks submitted to the Washington State Patrol. Whatcom County Sheriff's Office fingerprints applicants for concealed pistol permits. We collect fingerprint money and deposit it into the Treasurer's Office. The Washington State Patrol bills us for the background check on the applicant and then we, in turn, pay them. We have been paying this from the revenue account, but our finance department has requested that we create an expenditure line item for this service. In doing this, we have a better accounting of what is collected as revenue and then what is paid out. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Pub7icc Safety. Supplemental Budget Request Status: Pending Sheriff Administration i Supp'l to # 113.9 1, Fund 1 Cost Center 2900 Originator. Marvette Gwinner Expenditure Type: Ongoing Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Washington State Patrol Background Checks Costs: Signature (Required on Hard Copy Submission) Date Object Object Description Amount Requested 4342.1004 Fingerprinting -Sheriff ($15,000) 6630.002 Prof Svc -Background Checks $15,000 Request Total $0 1a. Description of request: The Whatcom County Sheriffs Office fingerprints applicants for concealed pistol permits. We collect fingerprint money and deposit it into the Treasurer's Office . The Washington State Patrol bills us for the background checks on the applicants. We have been paying the State Patrol out of the revenue account, but for better accounting, our finance department has requested that we create an expenditure line item for this service. 1b. Primary customers: Citizens of Whatcom County. 2. Problem to be solved: We will have a better accounting of what is collected as revenue through the fingerprint process and then, in turn, what is paid out to the Washington State Patrol 3a. Options / Advantages: n/a 3b. Cost savings: 4a. Outcomes: n/a 4b. Measures: n/a 5a. Other Departments/Agencies: n/a 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: Revenue from applicants who have had their fingerprints done when applying for a new concealed pistol permit. Thursday, October 14, 2010 Rpt: Rpt Suppl Regular 31 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 MEMORANDUM TO: Pete Kremen, County u IVe FROM: Bill Elfo, Sheriff RE: Supplemental Bu get Request Supplement ID #1142 Whatcom County Contract #201009007 DATE: October 21, 2010 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR WENDY JOKES CHIEF OF CORRECTIONS RECEIVED OCT 25 2010 PETE KREMEN COUNTY EXECUTIVE Attached please find a Supplemental Budget Request for authority to expend $57,600. Whatcom County Sheriff's Office was awarded DOJ Grant # 2009-SB-B9-3333 to fund a consultant to review and assess the records system currently used by the Sheriff's Office. The consultant will assist the Sheriff's Office with process of replacing the current system. This process includes inventorying existing systems, determining requirements, surveying commercially available software, devising an implementation plan and developing an RFP. Please contact Chief Art Edge at extension 50421, if you have any questions or concerns regarding this request. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Pi Safety. Supplemental Budget Request Status: Pending Sheriff Administration Supp'r ID # 1142 I Fund 1 Cost Center 2956 Originator: MarVette Gwinner ------ Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Records Management Consultant Depa e e Signature (Required on Hard Copy Submission) ate Costs: Object Object Description Amount Requested 4339.1168 Recovery Act -JAG Program ($57,600) 6610 Contractual Services $57,600 Request Total $0 1a. Description of request. The Whatcom County Sheriffs Office has been awarded a grant to hire a consultant to assess the current records system used by the Sheriffs Office and to recommend a replacement plan. During the grant period, the Sheriffs Office will hire a consultant to review the County's information technology infrastructure and connectivity. The consultant will perform a systems review, establish system requirements, conduct an industry review, perform a gap analysis and recommend a comprehensive records system replacement plan. 1b. Primary customers: Whatcom County Sheriff's Office 2. Problem to be solved: Currently the Sheriffs Office does not have a records management system. The current system is a records indexing system with multiple limitations, chief amoung them the sharing of information in a timely manner. The current method of information collection and storage causes much of information to be input in different programs multiple times. The current system cannot efficiently provide deputies in the field with up-to-date information. 3a. Options /Advantages: Instead of hiring a consultant, the Sheriffs Office could use the services of the DoIT staff. This is not an option due to limited resources in the IT Department. Hiring a consultant who speicializes in the public safety arena will allow the Sheriffs Office to benefit from the consultant's knowledge and experience in the field thus providing a superior end product. 3b. Cost savings: n/a 4a. Outcomes: 1. System Review * Document current WCSO Records Management System (RMS) * Document integrated applications to WCSO RMS * Document key stakeholders to WCSO RMS * Produce and present Systems Review Document to WCSO 2. System Requirements Meet with key local and regional stakeholders to document current system limitations and future requirements * Produce and present Systems Requirements Document to WCSO October 21, 2010 Rpt: Rpt Suppl Regular 33 Supplemental Budget Request Status: Pending Sheriff Administration Suppll ID # 1142 Fund 1 Cost Center 2956 Originator: Marvette Gwinner 3. Industry Review and Gap Summary * Survey law enforcement RMS at comparable jurisdictions * Assess WCSO mandates, funding and support constraints * List primary vendors and how key attributes of their solutions align to WCSO requirements, mandates and constraints * Produce and present Industry Review and Gap Summary Document 4. High -Level RMS Replacement Plan * Conduct a workshop to develop a RMS replacement approach and timeline * Identify budgetary costs for a replacement RMS including integration with other county and regional information systems * Produce and present a high-level RMS Replacement Plan for a phased approach for transition to a new RMS in the WCSO based on realistic timelines and budgetary constraints 5. Request for Proposal * Work with WCSO and IT to prepare a Request for RFP to replace the current WCSO RMS 4b. Measures: Throughout the process, the consultant will be documenting each step and provding a overall written replacement plan. 5a. Other Departments/Agencies: DoIT staff will be impacted as they will need to provide the consultant with current County technology infrastructure information and attend meetings to ensure that accurate information on our current network data systems is presented and communicated to the consultant. 5b. Name the person in charge of implementation and what they are responsible for: n/a 6. Funding Source: Department of Justice - American Recovery Act Grant 2009-SB-B9-3333. CFDA# 16.804 October 21, 2010 Rpt: Rpt Suppl Regular 34 WHATCOM COUNTY JEFF PARKS SHERIFFS OFFICE UNDERSHERIFF ART EDGE BILL ELFO CHIEFDEPUTY SHERIFF r DOUG CHADWICK PUBLIC SAFETY BUILDING CHIEFDEPUTY 311 Grand Avenue STEVE COOLEY Bellingham, WA 98225-4078 CHIEF INSPECTOR (360) 676-6650 WENDY JOKES tIR"EVED OCT 2 5 2010 October 25, 2010 PET KREMEN COUNTY EXECUTIVE To: Pete Kremen, County Executive From: Sheriff Bill Elfo Re: Supplemental Budget ID#1144 Buffer Zone Grant Program, DHS CFDA# 97.078 We are requesting spending authority in the amount of $50,000.00 from Buffer Zone Protection Program grant funds for the purchase of a cargo van, with 4x4 upgrade conversion to serve as the platform for our communications vehicle as outlined in our previously approved application. The communications vehicle is necessary to ensure effective law enforcement and emergency management response with communications support to remote areas, such as the Skagit Hydro -electric Project in Newhalem. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. Supplemental Budget Request Status: Pending Sheriff Operations Supp't ID # 1144 Fund 1 Cost Center 2982 Originator. Marvette Gwinner Expenditure Type: One -Time Year 2 2010 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Buffer Zone Grant X 16 De artm t e d Signature (Required on Hard Copy Submission) Costs: S U Date Object Object Description Amount Requested 4333.8707 Buffer Zone Protection ($50,000) 7410 Equipment -Capital Outlay $50,000 Request Total $0 1a. Description of request: Purchase Chevrolet Express van from State contract number 06210. This vehicle will become the Communications Vehicle that has already been approved by the Department of Homeland Security via the Buffer Zone Protection Program. 1b. Primary customers: The Sheriffs Office, other law enforcement agencies (local, state, federal), fire, and other EMS responders. 2. Problem to be solved: Enhance communications in remote areas of the county. The proposed equipment purchases will enhance law enforcement capabilities in prevention and response to terrorist events and other calls for service. The Buffer Zone for this site is large, wooded, and mountainous with limited access and visibility and very limited communications connectivity. Communications items will be used to increase connectivity and inte rope rability with law enforcement agencies in the area i.e., National Park Service, U.S. Forest Service, Washington State Patrol, Skagit County Sheriffs Office and other statewide law enforcement agencies that could provide assistance in support of the state Law Enforcement Mobilization Plan. The vehicle will be used/available throughout the County, not just the area identified as the Buffer Zone under the program. Whatcom County needs to address this problem for officer safety concerns and the counties ability to respond to situations in the more remote areas of the county. 3a. Options / Advantages: No known options. Advantages of a mobile platform; it can be moved/used throughout the County for various types of calls for service/situations. The size and configuration of the vehicle will allow it to access some of the more. remote areas of the County to enhance/establish communications. The Communications Vehicle will be available for Law Enforcement, Search and Rescue efforts, and in support of Emergency Management. 3b. Cost savings: The program is granted funded. Funding will not affect the Sheriff's Office budget nor the General Fund 4a. Outcomes: Enhanced communications in remote areas via a mobile platform. 4b. Measures: Delivery of the vehicle and completion of subsequent communications equipment installation. Monday, October 25, 2010 Rpt: Rpt Suppl Regular 36 Supplemental Budget Request Status: Pending Sheriff Operations Supp'l ID # 1144 Fund 1 Cost Center 2982 Originator. Marvette Gwinner 5a. Other Departments/Agencies: The Communications Vehicle will allow for interoperable communications between the various agencies and departments working in and responding to Whatcom County. These include all of the local, state, and federal law enforcement agencies, fire, and EMS responders. 5b. Name the person in charge of implementation and what they are responsible for: n/a 6. Funding Source: Us Department of Homeland Security thru the Washington State Military Department CFDA# 97.078 Monday, October 25, 2010 Rpt: Rpt Supp! Regular 37 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 October 19, 2010 TO: Pete Kremen, County Execu FROM: Bill Elfo, Sheriff RE: Reimbursable Overtime Supplemental ID# 1141 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEFDEPUTY STEVE COOLEY CHIEF INSPECTOR WENDY JONES IEF FCORRECTIONS RECEIVED OCT 25 2010 PETE KREMEN COUNTY EXECUTIVE During 2010, the Whatcom County Sheriff's Office has received funds for certain training, overtime patrol and enforcement activities from several sources. Several mini grants were received from the Washington Traffic Safety Commission. These grants are either not awarded or finalized at the time that the budget is prepared. In addition to overtime for specific enforcement and training details, the Sheriff's Office also receives requests from various organizations to perform security patrols at various events and locations. Those include, but are not limited to: ❑ Puget Sound Energy requesting patrols during times of increased recreational use at Baker Lake ❑ Permitted recreational and competitive bicycle and relay races; and traffic control during filming of commercials. ❑ Homeland Security Investigations (ICE), through the Drug Task Force Detective assigned to work with them on drug cases. ❑ The Sheriff's Office has certified Drug Recognition Experts who are periodically called out on overtime to assist with processing and arrests per a standing agreement with the Washington State Patrol. ❑ The Whatcom County Health Department reimbursed the Sheriff's Office for overtime for first responder mental health training, which was sponsored by the Health Department. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. Supplemental Budget Request Sheriff Operations Supp'l ro # 1141 Fund 1 Cost Center 2965 Originator: MaNette Gwinner Expenditure Type: One -Time Year 2 2010 Add'I FTE =! Add'i Space r Priority 1 Name of Request: Reimbursable overtime X - --------------------------- Depa He . nature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested ! 4333.2062 Traffic Safety —,i ($15,639) 4334.0351 Drug Recognition Expert ($280) 4338.2114 Reimburse US Custom Svc ($5,026) 4342.1012 Off Duty Overtime t ($23,308) 6140 Overtime $45,520 6210 — _ Retirement —__ - $1,840 6230 Social Security $3,569 6259 Worker's Comp-Interfund $1,220 6269 Unemployment-Interfund $114 8301 Operating Transfer In ($8,010) Request Total $0 1 a. Description of request. During 2010, the Whatcom County Sheriffs Office has received several mini Traffic grants as well as calls from the general public to hire off duty deputies. Some of the calls to hire our deputies were from Puget Sound Energy, at Baker Lake;, Sea to Ski;. a bicycle relay race; and a commercial, which was filmed at Bake. We also did some work with Homeland Security, ICE, with one of our people being assigned to work drug cases. We have a Drug Recognition Officers who is periodically called out on overtime to help determine whether or not an individual who has been stopped for DUI is under the influence of drugs instead of alcohol. 1b. Primary customers: Safety to the citizens of Whatcom County. 2. Problem to be solved: Without the outside hiring of our deputies, we would not be able to cover the needs of various organized functions because of the cost to the county. Hiring of the deputies enables up to supplement the overtime budget and to be reimbursed. 3a. Options / Advantages: n/a 3b. Cost savings: $52,263.00 from the general fund. 4a. Outcomes: The safety of our community during these various functions. 4b. Measures: Tuesday, October 19, 2010 Rpt.• Rpt Suppl Regular 39 Supplemental Budget Request Sheriff Operations Supp'l ID # 1141 I Fund 1 Cost Center 2965 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 State Traffic Commission Homeland Security Various private organizations Tuesday, October 19, 2010 Rpt: Rpt Supp! Regular M WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 October 19, 2010 TO: Pete Kremen, County Exec FROM: Bill Elfo, Sheriff RE: Battelle Supplemental ID# 1143 W. C. Contract # 200902017-1 ■ JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR WENDY JOKES CHIEF OF CORRECTIONS OCT 25 2010 PETS KHEMEN COUNTY EXECUTIVE The attached Supplemental Budget Request is asking budget authority for $7,685.00 in reimbursable overtime for the above contract that was expended in 2010. The Department of Homeland Security domestic Nuclear Detection Office has initiated a West Coast maritime Prevention Rad/Nuc Detection Pilot Project in the Puget Sound area. The goal of the project is the establishment of an efficient risk -informed regional PRND (Prevention Radiation Nuclear Detection) program focused on small maritime vessel threats. The money that we received from this contract is for our participation in training, drills and exercises. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. Supplemental Budget Request Sheriff Operations Supp'r !D # 1143 Fund 1 Cost Center 2976 Originator. Marvette Gwinner Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Battelle X DeportmeptRead Signature (Required on Hard Copy Submission) / Date Costs: Object Object Description Amount Requested 4342.1012 Off Duty Overtime ($7,685) 6140 Overtime $6,570 6210 Retirement $339 6230 Social Security $509 6259 Worker's Comp-Interfund $172 6269 Unemployment-Interfund $20 Request Total _ - _ _ _ - ($75) la. Description of request: The Department of Homeland Security Domestic Nuclear Detection Office initiated a West Coast Maritime Prevention Rad/Nuc Detection Pilot Project in the Puget Sound are in 2009. The goal of the project was to establish an efficient risk informed regional PRND program focused on small maritime vessel treats. The money received this year was for continued participation in training, drills and exercises. 1b. Primary customers: Citizens of Whatcom County. 2. Problem to be solved: To eliminate would be terrorists from entering the waters of Puget Sound. This is done by boat patrols by our boating officers who have been trained in this field. Our boating officers carry an approved regional humans portable rad/nuc detection piece of equipment when they are out on the waters. 3a. Options / Advantages: None 3b. Cost savings: The County saved $7,685.00 for overtime costs that otherwise would have had to come out of the general fund. 4a. Outcomes: n/a 4b. Measures: n/a 5a. Other Departments/Agencies: n/a 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Funding is from the Battelle Memorial Institute, Pacific Northwest Division. Tuesday, October 19, 2010 Rpr: Rpr Suppl Regular 42 Supplemental Budget Request Sheriff Operations Supp'l 0 # 1143 Fund 1 Cost Center 2976 Originator: Marvette Gwinner Tuesday, October 19, 2010 Rpt: Rp! Suppl Regular 43 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 385 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Engel 10/28/2010 11/9/2010 Introduction 11/23/10 Finance/Coun Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Ord amend WCC 20.92, Hearing Examiner, Appeals to County Council ATTACHMENTS: Proposed ordinance 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.) This ordinance amends WCC 20.92.630 regarding provision of transcript to Council by appellant when appealing a Hearing Examiner decision to the Council COMMITTEE ACTION: COUNCIL ACTION: 11/09/2010: 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 Count 's website at: www.co.whatcom.wa.us/council. ii MA CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 WHATCOM COUNTY COUNCIL October 28, 2010 MEMORANDUM TO: Councilmembers COUNCILMEMBERS Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Ken Mann L. Ward Nelson Carl Weimer FROM: Marina Engels, Deputy Clerk of the Council SUBJECT: Ordinance amending appeal process Currently, when an appeal of a Hearing Examiner decision is filed in the Council Office, the appellant has 30 days to provide our office with a verbatim transcript of the hearing before the Hearing Examiner. This is done by contacting the court reporting agency that attended the hearing and requesting they prepare the transcript. Due to ongoing economic difficulties we have had to trim the Hearing Examiner's budget request for 2011/2012. We will no longer have funding to pay for court reporters to attend the Hearing Examiner's hearings. The hearings will be recorded electronically by the hearing examiner staff, and a copy will be made available to the public upon request. The attached ordinance changes the appeal process to require the appellant to obtain a copy of the audio recording of the hearing before the Hearing Examiner, make arrangements for the preparation of the verbatim transcript by a professional transcriptionist who will include a signed Transcriber Certification with the transcript, and submit the transcript to the Council Office to be included as part of the record. In other words, there will be no court reporter taking minutes at the Hearing Examiner's hearings. The transcript will need to be prepared from an audio recording of the hearing. If you have any questions, please feel free to contact me. C: Hearing Examiner AB2010-385 Phone: (360) 676-6690 TTY: (360) 738-4555 FAX: (360) 73*5550 SPONSORED BY: Consent PROPOSED BY: INTRODUCTION DATE ORDINANCE NO. Council Clerk 11/9/10 AMENDING WHATCOM COUNTY CODE, CHAPTER 20.92, HEARING EXAMINER, REGARDING APPEALS TO COUNTY COUNCIL WHEREAS, Whatcom County Code (WCC) Chapter 20.92 provides a process for appealing decisions rendered by the Whatcom County Hearing Examiner, and; WHEREAS, the existing process requires the appellant to submit a verbatim transcript of the Hearing Examiner's hearing to the County Council Office, and; WHEREAS, due to budget constraints, the Hearing Examiner's budget no longer includes funding to pay for court reporter services at hearings with the Hearing Examiner, and; WHEREAS, the verbatim transcripts have been prepared by the court reporter who attended the Hearing Examiner's hearings, and; WHEREAS, audio recording of the Hearing Examiner's hearing can be made by County staff and saved on a CD; NOW, THEREFORE, BE IT ORDAINED, by the Whatcom County Council that Whatcom County Code 20.92.630 Transcript be amended as indicated in Exhibit A to this ordinance. NOW, THEREFORE, BE IT FURTHER ORDAINED, the effective date of this ordinance is January 1, 2011, regardless of signature dates. ADOPTED this day of , 2010. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROV D AS TO FORM: Karen Frakes, Senior Deputy Prosecutor Sam Crawford, Council Chair ❑ Approved ❑ Denied Pete Kremen, County Executive Date: I:\0RD\2010\Amend 20.92.630, transcripts of H.E. hearing.doc Page 1 M EXHIBIT A 20.92.600 Appeal to county council. (Ord. 2008-008 Exh. A, 2008; Ord. 2000-043, 2000). 20.92.610 Applicant appeal. The applicant, any party of record or any county department may appeal any final decision of the hearing examiner to the county council. The appellant shall file a written notice of appeal at the county council office within 10 business days of the final decision of the hearing examiner. Any parties of record from the hearing examiner's proceedings who wish to continue to be considered parties of record must register with the county council in writing no later than 10 days after the date of the notification of appeal letter which is sent from the hearing examiner's office. The notification of appeal letter will be sent from the hearing examiner's office within three working days of receiving written notification from the county council office that an appeal has been Filed. (Ord. 2008-008 Exh. A, 2008; Ord. 2000-043, 2000; Ord. 95-033, 1995). 20.92.620 Fee. A fee, as established in the Unified Fee Schedule, shall be paid to the county council office upon filing of any appeal. This fee shall not apply to appeals initiated by a county department. (Ord. 2008-008 Exh. A, 2008; Ord. 2000-043, 2000; Ord. 95-033, 1995; Ord. 87-41, 1987). 20.92.630 Transcript. (1) The appellant shall obtain a copy of the electronic recording of the hearing examiner's hearing from the hearing_ examiner's office. The appellant shall make arrangements for the preparation of the verbatim transcript with the eeurt repeFlEeF present at of the hearing examiner's hearing by a professional transcriptionist who will include a signed Transcriber Certification with the verbatim transcript. The appellants -Rd shall forward the transcript to the county council office within 30 days of filing the appeal. Upon request of the council office, the hearing examiner's office shall prepare and transmit to the council office the hearing examiner's file, together with exhibits. (2) A copy of the record shall be made available by the county council office to parties upon request submitted to the county council office. (Ord. 2008-008 Exh. A. 2008; Ord. 2000- 043, 2000; Ord. 96-043, 1996; Ord. 95-033, 1995). I:\ORD\2010\Amend 20.92.630, transcripts of H.E. hearing.doc Page 2 47 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB20I0-376a CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: TWH 11/16/10 I ,C � CC E � V IE D NOV f 6- 2010 AIHATCONI COUNTY COUNCIL 11/23/10 Finance Council Division Head. Dept. Head: t Ndiz, It 16 I o Prosecutor: Purchasing/B et: 4625 Executive: �14. TITLE OF DOCUMENT. V Discussion regarding Technical Corrections to the 2011-2012 proposed budget ATTACHMENTS: Technical Corrections Spreadsheet SEPA review required? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO Requested Date SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Finance Committee discussion regarding the 2011- 2012 Budget Technical Corrections. 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. MR WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-394 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori 'nator: gg 9/27/10 , D R ((� NOV 6 2010 11/23/10 CounciUFinance Division Head: %t� z Fp Dept. Head: COUNTY COUNCIL Prosecutor:yzl�WHATCOM Md 10/19/10 PurchasinglBudWN, Executive: TITLE O CUMENT.- Contract between Whatcom County and Womencare Shelter for operations and maintenance. ATTACHMENTS: 1. Memorandum 2. 2 Original Contracts SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTA 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.) Womencare Shelter provides 24-hour crisis support services through its help line and emergency confidential shelter to victims of domestic violence in Whatcom County. This contract provides funding for a part-time Coverage Advocate and utilities. The Coverage Advocate is responsible for answering Womencare Shelter's 24-hour help line, completing shelter intakes, and serving as shelter staff. 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.wau&)counciL • WHATCOM COUNTY Health Department 509 Girard Street Bellingham, WA 98225 MEMORANDUM Regina A. Delahunt Director RECEIVED NOV 4 - 201C TO: Pete Kremen, County Executive PETE KREMEN COUNTY EXECUTIVE FROM: Regina A.. Delahunt, Director RE: Womencare Shelter, 2060 Very Low -Income Housing Program DATE: October 26, 2010 Enclosed are two (2) originals of contract between Whatcom County and Womencare Shelter for your review and signature. ■ Background and Purpose Womencare Shelter provides 24-hour crisis support services through its help line and emergency confidential shelter to victims of domestic violence in Whatcom County. This contract provides funding for a part-time Coverage Advocate and utilities. The Coverage Advocate is responsible for answering Womencare Shelter's 24-hours crisis line, completing shelter intakes, and serving as shelter staff. ■ Funding Amount and Source The funding source for this contract, in an amount not to exceed $24,000.00 for the funding period of January 1, 2011 through December 31, 2011, is County -held SHB 2060 Very Low - Income Housing Program funds. Funding for this contract is included in the current budget. The amendment requires Council approval and an agenda bill is attached. ■ Differences from Previous Contract This is a new contract issued pursuant to RFP #10-71. Please contact Gail de Hoog at extension 30693 , if you have any questions or concerns regarding the terms of this agreement, Encl. 50 uAVO Cost Penter Object Code 4 Approved WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ad/0tt00(a Originating Department: Whatcom County Health Department Contract Administrator: Gail de Hoo Contractor's /A ency Name: Womencare Shelter 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 Whatcom 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) 10-71 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 $ 24, 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 Womencare Shelter provides 24-hour crisis support services through its help- line and emergency confidential shelter to victims of domestic violence in Whatcom County. This contract provides funding for a part-time Coverage Advocate and utilities. The Coverage Advocate is responsible for answering Womencare Shelter's 24-hour help line, completing shelter intakes, and serving as shelter staff. Term of Contract: 0110112011-1213112011 Expiration Date: 1213112011 Contract Routing Steps & Sienoff fsign or initial! !indicate date transmitted 1. Prepared by: gg Date' 912712011 _ [electronic] 2. Attorney reviewed: R • W 3. AS Finance reviewed. mdc Date ! e 1227 o [electronic] Date 10119/1 [electronic) 4. IT reviewed if IT related Date [electronic] 5. Corrections made: _ Date [electronic) hard copy 6. Attorney signoff. Date�Ic. Z Contractor signed. ,i Date�o-ZS-/o 8. Submitted to Exec Office ,/ Date l J-N'l0 [summary via electronic; 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 printed hardcopies] 51 Whatcom County Contract No. C�Uh ORIGINAL ao/0/1Uof CONTRACT FOR SERVICES AGREEMENT Womencare Shelter, 2060 Very Low -Income Housing Program Womencare Shelter, 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 7, Exhibit A (Scope of Work), pp. 8, Exhibit B (Compensation), pp. 9, Exhibit C (Certificate of Insurance) p.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 2011, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December 2011. The general purpose or objective of this Agreement is to fund emergency shelter operational costs, 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 $24,000.00. 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 �M day of 2010. CONTRACTOR: Womencare Shelter � ) � g A C A- �"_-_,PA Kirsten Hammer, Executive Director STATE OF WASHINGTON ) ) ss. COUNTY OF 4 MQ) On this y of , 20 L before me personally appeared ; & �rW�o me known to be they - 'tie) of 'V &�, - r (Company) and who executed the above instrument and wh9 a nowledged to me the act of signing and sealing thereof. n and for the State of Washington, residing at _. My commission expires 01-a 7 :& ID HL 010111 Womancare2060O&M Page 1 52 WHATCOM COUNTY: R commended for Approval: �o�a�t10 Re �Delahunt, erector Date v Approved as to form: 'l- Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) io7-6h Anne Deacon, Human Services Manager Date 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: Womencare Shelter Kirsten Hammer, Executive Director Address: 4120 Meridian Street, Suite 220 Bellingham, WA 98226 Mailing Address: Same as above Contact Name: Kirsten Hammer Contact Phone: (360) 671-8539 Contact FAX: (360) 671-0061 Contact Email: Kirsten@womencareshelter.org HL_010111 Womancare20600&M Page 2 53 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 Tenn 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 one year, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and 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 nd 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 HL_010111 Womancare206OO&M Page 3 54 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/sherit 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. HL_010111 Womancare2060O&M Page 4 55 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. 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 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, 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 HL_010111 Womancare20600&M Page 5 56 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 hismertits 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. 36.2 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 Whatoom 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: Gail de Hoog, Housing Program Specialist Whatcom County Health Department 509 Girard Street Bellingham, WA 98225 (360) 676-Q7-24, ext.#30693 gdehoog@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. 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, proposd for debarment, delared 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 excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding HL 010111 Womancare2060O&M Page 6 57 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://epis.amet.gov/. 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. 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. 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. HL_010111 Womancare206OO&M Page 7 58 EXHIBIT "A" (SCOPE OF WORK) Background Womencare Shelter provides 24-hour crisis support services through its help line and emergency confidential shelter to victims of domestic violence in Whatcom County. This contract provides funding for a part-time Coverage Advocate and utilities. The Coverage Advocate is responsible for answering Womencare Shelter's 24-hour help line, completing shelter intakes, and serving as shelter staff. Statement of Work The Contractor will use funds from this contract to pay for operational expenses at Womencare Shelter. Allowable expenses are salary and benefits for a part-time (no more than .75 FFE) Coverage Advocate, telephone costs, and administrative expenses. HL_010111 Womancare20600&M Page 8 59 EXHIBIT "B" (COMPENSATION) 1. The source of funding for this contract, in an amount not to exceed $24,000.00, is County -held SHB 2060 Very Low -Income Housing Program funds. 2. The budget for this program is as follows: Item Unit Cost Budget Help line Advocate .75 FTE at approx. $1,726/month $20,718.00 Telephone 24/7 Helpline Average of $70 per month $840.00 SUBTOTAL $21,558.00 Administrative Costs 11.33% $2,442.00 TOTAL $24,000.00 Changes to the line item budget in excess of 10% of the contract amount must be approved by the County. At no time shall the administrative cost rate exceed 11.33% of direct service costs. The Contractor shall submit itemized invoices on a monthly basis in a format specified by the County. Monthly invoices must be submitted by the 15th day of the month following the month of service. Invoices submitted for payment must include documentation of all costs claimed for reimbursement (i.e., telephone bill). Submit General Ledger detail accounting for staff costs, including name of staff person, hours worked, and rate of pay. 4. The Contractor shall submit invoices to (include contract #): Gail de Hoog, Housing Program Specialist Whatcom County Health Department 509 Girard St. Bellingham, WA 98225 5. 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. 6. 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. 7. 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. HL 010111 Womancare20600&M Page 9 60 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID K6 DATE(MM/DDMYY) WOMEN-1 0 4 / 16 10 PRODUCER 11 c11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Unity Group - Bellingham LX HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 110 Unity Street P O Box X ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , . . Bellingham WA 98227 Phone:360-647-9000 Fax:360-734-8496 INSURED Womencare Shelter 4140 Meridian Street Ste 220 Bellingham WA 98226-5576 COVERAGES INSURERS AFFORDING COVERAGE INSURER A: Philadelphia Ins INSURER B: INSURER C: INSURER D: INSURER E: es NAIC # 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. LTR INSRD TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY I POLICY EXPIRATION ! DATE MM/DD/YY I LIMITS I GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 A X I COMMERCIAL GENERAL LIABILITY j CLAIMS MADE I OCCUR —X PHPK542171 03/13/10 03/13/11 PREMISES (Ea occurence) $_100,000 s5,000 MED EXP (Any one person) PERSONAL &ADV INJURYf�uoo , OOO Professional X D&O GENERAL AGGREGATE $ 2, 000 , 000 PHSD501670 03/13/10 03/13/11 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 0 0 0 , 0 00 PE o n LOC POLICY 7 I A AUTOMOBILE LIABILITY i ANY AUTO PHPK542171 03/13/10 03/13/11 COMBINED SINGLE LIMIT (Ea accident) $ 1 OOO OOO � � X I ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY I (Per person) $ BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS Comp ! PROPERTY DAMAGE (Per accident) $ IX,$500 X ! $1000 Collision! I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION $ I $ A WORKERS COMPENSATION AND PL0YERS'LIAB!L!TY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? PHPK542171 WA STOP GAP 03/13/10 03/13/11 TORY LIMITS X 19ER E.L. EACH ACCIDENT $ i,000,000 E.L. DISEASE -EA EMPLOYEE $ 1 , 000 , 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 OTHER A Crime PHPK542171 03/13/10 03/13/11 $500 DED $100,000 A Building PHPK542171 03/13/10 03/13/11 $500 DED $475,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Evidence of Insurance CERTIFICATE HOLDER CANCELLATION llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Womencare Shelter 4120 Meridian St. Ste 220 Bellingham, Wa. 98225-5575 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 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. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2010-395 CLEARANCES Initial Date Date Received in Council Of Agenda Date Assigned to: Originator: Lynne Gnvler 319110 REC E � V E D NOV 6 2010 WHATCOM COUNTY COUNCIL I 11/23/10 Fin/Council Derision Head: Dept. Head: Mike McFarlane ' � � Prosecutor: Purchasin /Bard e: 6 �1I3 �� Executive: W I I TITLE OFDOCUMENT. Lease: Foxglove LLC and Whatcom County ATTACHMENTS: Lease: Foxglove LLC and Whatcom County SEPA review required? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This Lease allows Whatcom County Parks & Recreation to operate the Plantation Rifle Range on property now owned by Foxglove, LLC. Thisproperty was formerly owned by IP Forestry, LLC, andprior to that by Trillium Corporation. This new Lease was initiated to reflect the change of ownership. All other terms remain the same. 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. 62 WHATCOM COUNTY PARKS & RECREATION DEPT. 3373 Mt. Baker Hwy. Bellingham, WA 98226 �-OM CO 9SHING� MEMORANDUM Michael McFarlane Director r TO: Pete Kremen, County Executive NOV 4 - 2010 PETE KMEMEN FROM: Michael McFarlane, Director COUNTY EXECUTIVE RE: Lease with Foxglove, LLC to Operate Plantation Rifle Range DATE: October 21, 2010 Enclosed are two (2) originals of the Lease between Foxglove, LLC and Whatcom County (Parks & Recreation) for your review and signature. Please note that this agreement was signed by Foxglove in February, but we delayed routing it until now because of some unresolved issues with the potential sale of the property. ■ Background and Purpose To grant permission to Whatcom County Parks & Recreation to operate the Plantation Rifle Range on property owned by Foxglove, LLC. ■ Funding Amount and Source Whatcom County Parks & Recreation will pay Foxglove, LLC $3,000 annually from the General Fund. Plantation Rifle Range generates enough revenue to pay for all expenses at the Range, including the cost of this Lease. ■ Differences from Previous Contract The previous Contract for this Lease was with I Forestry, LLC, and prior to that with Trillium Corporation. This new contract reflects the change of ownership, but all other terms remain the same. Please contact Lynne Givler at extension 32073, if you have any questions or concerns regarding the terms of this agreement. Encl.: Two originals of Lease 63 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. '9010/1 o0S Originating Department: Parks & Recreation Contract Administrator: Lynne Givler Contractor's I Agency Name: Foxglove, LLC 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, REP 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 $3, 000 per year memo. Any amendment that provides either a 10% increase in amount or more than $10, 000, whichever is greater, must also go to Council and will need an agenda bill This Amendment Amount: $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ 3,000 Scope of Services To grant permission to Whatcom County Parks & Recreation to operate the Plantation Rifle Range on property now owned by Foxglove, LLC. o, Term of Contract: January 1, 2010 to Expiration Date: January 1, 2030 January 1, 2030 Contract Routing Stens & Signoff [sign or initiall (indicate date transmitted 1. Prepared by: lgivler Date_319110 [hard copy] 2. Attorney reviewed: Date , [hard copy] 3. AS Finance reviewed: a Date 3 p [hard copy] 4. IT reviewed if IT relate Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signgff.• Date 7. Contractor signed: Foxglove, LLC Date 2126110 8. Submitted to Exec Office ✓ Date /[- y-/fl [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 •A WHATCOM COUNTY CONTRA "T NO. .20101�005- LEASE This Agreement ("Lease") is entered into this day of , 2010, among FOXGLOVE, LLC, a Washington Corporation ("Foxglove"), and WHATCOM COUNTY, a municipal corporation, hereinafter referred to as the "County". Foxglove and County, for and in consideration of the mutual promises herein contained, AGREE AS FOLLOWS: 1. BASIC PROVISIONS AND DEFINITIONS The following terms, whenever used in this Lease, with the first letter of each word capitalized, will have the meanings set forth in the Section, and only such meanings, unless expressly contradicted, limited or expanded in this Lease. (a) Lease Number: 950004. (b) Premises: Approximately 8.40 acres. As show on attached Exhibit A, which is hereby fully incorporated and made a part hereof. The Premises are located in County of Whatcom, State of Washington. (c) Date of Execution: The date above written, which is the date of full execution hereof. (d) Commencement Date (Section 4): January 1, 2010 (e) Lease Term (Section 4): January 1, 2030. (f) Renewal: The County shall have the right to the extent provided by law, to apply for a re -lease of the site. (g) Rent (Section 5): $3,000.00 per annum, payable annually. (h) Rent Appraisal: Negotiated at current market value and agreed by Foxglove and County. (i) Rent Payable: On February 1 of each year. 0) Foxglove's Notice and Payment Address (Section 20): NOTICE: Foxglove, LLC 1329 N. State Street, Ste. 201 Bellingham, WA 98225 Attn: Jonathan Syre Page - 1 - 65 PAYMENT: Foxglove, LLC 1329 N. State Street, Ste. 201 Bellingham, WA 98225 Tel. # (360) 676-9400 FAX # (360) 733-1203 (k) County's Billing and Notice Address (Section 20): Whatcom County Parks and Recreation Department 3373 Mount Baker Highway Bellingham, WA 98226-9522 (1) Permitted Uses under Lease (Section 3): Recreational/firearms and archery range. (m) Certain Existing Improvements referred to in Section 16, (improvements owned by Foxglove): N/A (n) Tennant's Previous Occupation of Premises and Use: Assignment & Assumption of lease #61066 2. OCCUPANCY (a) Term. This lease shall commence on the 15` day of January, 2010 and continue to the ls` day of January, 2030. This Lease is subject to cancellation at the discretion of Foxglove in the event legal access as provided by the County should terminate during the term of this Lease. (b) Renewal. The County shall have the right to the extent provided by law to apply for a re -Lease of the site. 3. USE OF THE SITE (a) Permitted Use. The sites as herein below described as Site 1 and Site 2 shall only be used for recreational purpose of a firearms and archery range with related facilities and for no other purpose unless the County submits a written request and obtains written permission from Foxglove. Page -2- 66 The portions of the NW 1/4 SW 1/4, W %2 NE '/4 SW '/4, Section 14, Township 37 North, Range 3 East, W.M., included within the limits of two sites each being more particularly described as follows: Site 1: Beginning at a point on the south line of said NW 1/4 SW '/4 which in N 89' 38' E 460 feet from the southwest corner thereof and running thence North 500 feet, thence East 110 feet, thence S 20' E 265 feet, thence East 48 feet, thence South 250 feet to a point on the south line of said NW 1/4 SW '/4, and thence S 89' 38' W, along said south line, 250 feet to the point of beginning, having an area of 2.38 acres, more or less, also Site 2: Beginning at a point on the south line of said NW 1/4 SW '/4 which is N 89' 38' E. 846 feet from the southwest corner thereof, and running thence N 3° W 59 feet, thence N 22' 30' W 138 feet, thence N 19' 30' E 228 feet, thence N 32' E 117 feet, thence N 28' E 174 feet, thence S 74' 30'E 34 feet, thence N 18' 30' E 452 feet, thence S 69' 30' E 162 feet, thence S 14' 30' W 778 feet, thence S 20' 30' W 1270 feet to a point on the south line of said 114W '/4 SW 1/4 and thence N 89' 38' E, along said south line, 214 feet to the point of beginning having an are of 6.02 acres, more or less. The above described sites contain a total of 8.40 acres as shown on a plat thereof on file in the office of the Commissioner of Public Lands at Olympia, Washington. The remaining 51.60 acres shall only be used for the purpose of a buffer zone and for no other purpose. The nonexclusive use of the buffer zone by the County is subject to Foxglove's right to use the land or resources thereof for any and all purposes deemed necessary to desirable in connection with the control management, harvest and administration of Foxglove -owned land or the resources thereof. 4. RENTAL (a) Amount. The County shall pay Foxglove, annually in advance, $3,000, provided that the annual rental will be adjusted as stated in Section 4 (b). (b) Reappraisal. On January 1, 2015, and at intervals of not less than ten years thereafter, a new annual rental will be established. The rent payable to Foxglove shall be negotiated at the current market rate. In the event that agreement cannot be reached between Foxglove and County as to the fair market rental value of the land, such valuation shall be submitted to a Review Board of Appraisers. The Board shall be as follows: One member to be selected by County and his expense shall be Page - 3 - 67 borne by the County; one member to be selected by Foxglove and his expense shall be borne by Foxglove; these members so selected shall mutually select a third member and his expenses shall be shared equally by the County and Foxglove. The majority decision of this Appraisal Review Board shall be binding on both parties. Provided that in the event such review occurs, the County shall pay, in advance, the amount established for the proceeding year's rental; and, if additional rental is required as a result of this review, such money shall be due and payable within ten days after such review. If a refund should be due, it shall be returned by Foxglove within ten days after said review. 5. RESERVATIONS (a) Compliance. Foxglove shall have access to the premises at all reasonable time for the purpose of securing compliance with the terms and conditions of this Lease. (b) Access. Foxglove reserves the right to grant easements and other land uses on the site to itself and others when the easement or other land uses applied for will not unduly interfere with the use to which the County is putting the site or interfere unduly with the plan of development for the site. No easement or other land uses shall be granted until damages to the leasehold shall first have been ascertained by Foxglove and paid to the County by the applicant of the easement or other land use. (c) Restriction on Use. In connection with the use of the premises the County shall: (i.) Cut no Foxglove timber or remove Foxglove -owned valuable materials without prior written consent of Foxglove. The County must pay to Foxglove the fair market value of the timber or valuable material, as determined by Foxglove before cutting timber or removal authorization is granted even though such may be necessary to fit the plan of development. (ii.) Take all reasonable precautions to protect the land and improvements on the leased premises from fire, make every reasonable effort to report and suppress such fires as may affect the leased premises. (iii.) Not allow debris or refuse to accumulate on the leased premises. (iv.) Operate and maintain all firearm ranges and backstop areas in a manner approved by recommendations as set forth by the National Rifle Association Safety Standards. (v.) Not allow promiscuous shooting or plinking on the premises. Page - 4 - 68 (vi.) Post the boundary of the Lease area with red fluorescent signs. Said signs shall state "Danger Firearm Range"and be intervisible and be maintained during the term of the Lease. 6. REQUIREMENTS (a) Assignment and Sub -Lease. This Lease or any portion thereof may not be assigned nor may the lands held hereunder be sublet without the written consent of Foxglove. (b) Duty. The County, at its sole cost and expense, shall at all times keep all improvements installed pursuant to this Lease (regardless of ownership) in as good condition and repair as originally constructed or as hereafter put, except for reasonable wear and tear. Foxglove, or any authorized agency shall have the legal right to inspect the premises and improvement thereon. The County shall carry, or it shall require its sub- lessees to carry, a sufficient amount of fire and casualty insurance to cover the replacement cost of any or all improvements that may be damaged by fire or other casualty. In the event of fire or casualty damage to any or all of the improvements the paid insurance benefits shall be used to immediately to replace said improvements in a manner subject to reasonable approval by Foxglove or at the option of the County, the proceeds from such insurance to be paid to Foxglove in lieu of replacing said improvements. (c) Condition of Premises and Liability. The premises have been inspected by the County and are accepted in their present condition. County will protect, save and hold harmless Foxglove, its authorized agents and employees, from all claims, costs, damages or expenses of any nature whatsoever arising out of or in connection with, the use of the leased premises. Further the County will be responsible for the payment of any fines or penalties charged against the premises as a result of this action in not complying with the laws or regulations affecting the premises. (d) Assessments. The County shall pay the annual payments on all assessments and taxes that are charged now or may be charged in the future to the land or the improvements thereon. (e) Default. If any rent shall be and remain unpaid when the same shall become due, or if County shall violate or default in any of the covenants and agreements herein contained, then Foxglove may cancel the Lease, provided the County has been notified of the rental due, the violation or the default, 60 days prior to said cancellation. (f) Insolvency of County. If the County becomes insolvent or bankrupt, or if any receiver is appointed, Foxglove may cancel, at its option, the Lease Page -5- 69 unless the Lease has been used as collateral with Foxglove's consent. If the County should default in payment to the lending agency, Foxglove upon request by the lender shall assign the Lease to the lending agency who may, thereafter either operate the leased site or, with the approval of Foxglove, assign the Lease. 7. MISCELLANEOUS (a) No Partnership. Foxglove is not ,a partner nor a joint venturer with the County in connection with business carried on under this Lease and shall have no obligation with the respect to the County's debts or liabilities. (b) Warranty. Foxglove warrants that it is the owner of the leased premises and has the right to lease it free of all encumbrances except those set out under the description of the leased premises. (c) Non -Waiver. Waiver by either party of strict performance of any provisions of this Lease shall not be a waiver of nor prejudice the party's right to require strict performance of the same provision in the future or of any other provision. (d) Attorney Fees. If suit or action is instituted in connection with any controversy arising out of this Lease, the prevailing party shall be entitled to recover costs including such sum as the court may adjudge reasonable as attorney fees. (e) Succession. Subject to the limitations as stated in Section 6 (a) and 6 (f), on transfer of the County's interest, this Lease shall be binding upon and inure to the parties, their respective successors and assigns. (f) Notices. Any notice, required or permitted, under this Lease shall be deemed to have been properly given and made in writing and effective when delivered personally to the party to whom directed, or when deposited in the United State mail, certified, with all necessary postage or charges fully prepaid, return receipt requested and addressed to the party to whom directed at its Notice Address specified in Section 1 0) or 1 (k). (g) Foxglove's Right to Cure Defaults. If the County is in default by failure to perform any covenant(s) of this Lease, Foxglove shall have the option to correct the default or cancel the Lease after sixty (60) days' written notice to the County. All of Foxglove's expenditure to correct the default shall be reimbursed by the County on demand with interest at the rate of 8% per annum from the date of expenditure by Foxglove. The written notice shall have no effect if the County cures the default specified in the notice during the 60 days period. Page -6- 70 8. OPERATION OF SITE (a) Plan of Development. Prior to the construction of any facilities or improvements on or to the sites, the County must submit to Foxglove, for its written approval, a general plan of development. Such approval by Foxglove will not be reasonably withheld. (b) Operational Uses and Responsibilities. In conjunction with the operation of the sites, all construction, improvement, operation, repair, etc., made or performed under the Lease shall be at the sole cost of the County; or sub -lessees. The County shall furnish all utilities and shall obtain all federal, State and local permits and licenses necessary to perform the terms, conditions and covenants of this Lease. Further, the reservoir as developed by the County must be cleaned of all stumps and debris and be kept free of floating material. Water stored in the reservoir shall be available to Foxglove for fire control purposes. A road shall be within 20 feet of the reservoir and may be used by fire fighting equipment. 9. IMPROVEMENTS (a) Unauthorized Improvements. All improvements made on or to the site without the written consent of Foxglove shall immediately become the property of Foxglove, all improvement to the condition of the land itself in the general classification of, and including, but not limited to, water development, landscaping, tree planting, grading, land leveling, grass seeding, fencing and road or sidewalks shall be the property of Foxglove and the County shall have no interest nor arising from such improvements. (b) Ownership of Improvements. All buildings and improvements excluding removable, personal property and trade fixtures, on the leased site will remain on said site after termination or expiration of this Lease if this Lease is not renewed, shall thereupon become the property of Foxglove. The County expressly agrees to all covenants herein and binds itself for the payments of the rental hereinbefore specified, and further it is understood and agreed between the parties hereto that this Lease supersedes and terminates the following instrument: State of Washington Department of Natural Resources Assignment and Assumption of Lease No. 61066 dated June 24, 1993. Page -7- 71 10. INTERPRETATION This Lease shall be construed and interpreted in accordance with laws of the State in which the premises are located. This Lease constitutes the entire agreement between the parties with respect to the Premises. Enforceability, invalidity or illegality of any provision shall not vender any other provision unenforceable, invalid or illegal. IN WITNESS WHEREOF, this Lease has been fully executed the day and year first written. FOXGLOVE, a Limite Liability Company B(: Jonathan Syre Its: Member Federal ID # 91-0913168 STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this day of 'Feb N , 2010, personally appeared before me Jbnftail Srt , member 0f ftYAbYe, to be known to be the individual(s) described in and who executedthe within and forejoing instrument, and acknowledged that she/he/they signed the same as her/his/their free and voluntary act and deed, for the uses and purposed therein mentioned. Given under my hand and seal this —'2- Wday of bYVI , 2010. 0N4yL- NOTARY PUBLIC in and for the State of Washington, residing at Commission expires: Page - 8 - 72 EXHIBIT A LEGAL DESCRIPTION NW '/4 SW '/4 and W '/2 NE '/4 SW %a of Section 14, Township 37 North, Range 3 East. W.M, Containing 60 acres, more or less Site 1: Beginning at a point on the south line of said NW '/4 SW %a which in N 89' 38' E 460 feet from the southwest corner thereof and running thence North 500 feet, thence East 110 feet, thence S 20' E 265 feet, thence East 48 feet, thence South 250 feet to a point on the south line of said NW '/4 SW '/4, and thence S 89' 38' W, along said south line, 250 feet to the point of beginning, having an area of 2.38 acres, more or less, also Site 2: Beginning at a point on the south line of said NW '/4 SW '/a which is N 89' 38' E. 846 feet from the southwest corner thereof, and running thence N 3° W 59 feet, thence N 22' 30' W 138 feet, thence N 19' 30' E 228 feet, thence N 32' E 117 feet, thence N 28' E 174 feet, thence S 74' 301E 34 feet, thence N 18' 30' E 452 feet, thence S 69' 30' E 162 feet, thence S 14' 30' W 778 feet, thence S 20' 30' W 1270 feet to a point on the south line of said NW '/4 SW '/a and thence N 890 38' E, along said south line, 214 feet to the point of beginning having an are of 6.02 acres, more or less. The above described sites contain a total of 8.40 acres as shown on a plan thereof on file in the office of the Commissioner of Public Lands at Olympia, Washington. The remaining 51.60 acres shall only be used for the purpose of a buffer zone and for no other purpose. The nonexclusive use of the buffer zone by the County is subject to Foxglove's right to use the land or resources thereof for any and all purposes deemed necessary or desirable in connection with the control management, harvest and administration of Foxglove -owned land or the resources thereof. Page -9- 73 Executed as of the date first written above. LAM _I_ • u_ 6 JI 1 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 520 NOTARY PUBLIC in and for the State of Washington, residing at Bellingham My Commission expires: WHATC9M CO Y PARKS & RECREATION DEPARTMENT/ Director APPROVED AS TO FORM: �ft \ �� jz?S-- Deputy Prosecuting ttorney Page- 10- 74 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-396 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 11/05/10 W E C E� V E D NO V 1 6 .2010 WHATCOM COUNTY 1 COUNCIL 11/23/10 in/Council Division Head. - Dept Head: Prosecutor: Purchasin /e et: 11 /05/10 Executive: TITLE F OCUMENT. Award of Bid 10-83 Replace Roof at 3720 Williamson Way ATTACHMENTS: Memos from Finance and the Facilities Management SEPA review required? ( ) Yes (x) NO SEPA review completed? ( ) Yes (x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Administrative Services, Facilities Management is requesting approval to award the bid and enter into a construction contract with the low bidder, Hytech Roofing, Inc., for the replacement of the roof on the building located at 3720 Williamson Way. "this is a planned project and funds were approved in a supplemental budget request, Ordinance 2010-032. 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. 75 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: 5 November 2010 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Bid Award, Replace Roof at 3720 Williamson Way FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager BACKGROUND Bids were advertised for replacement of the roof on the building located at 3720 Williamson Way. Four responses were received on Tuesday November 2 and are noted below. H ech Roofing, Inc. 69,410.00 5,899.85 75,309.85 Topside Roofing & Construction 69,950.00 5,945.75 75,895.75 Borders & Son Quality Roofing 75,100.00 6,383.50 81,483.50 Western Roofinc,_ Co., Inc. 81,990.00 6,969315 88,959.15 Facilities Management is requesting approval to award the bid and enter into a contract with the low bidder, Hytech Roofing, Inc. in the amount of $75,309.85. FUNDING This is a planned project and funding was approved in Supplemental Budget Request, Ordinance 2010-032. 1 recommend approval. Brad Bennett, Admin. Services Finance Manager 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 TTY (3M) 738-4555 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 COG P y 9SNING�O MEMO TO: Brad Bennett, Finance Manager FROM: Michael Russell, Facilities Manager 4f 0 DATE: November 4, 2010 FACILITIES MANAGEMENT Lottie Street Annex 316 Lottie Street Bellingham, WA 98225-4010 Facilities@co.whatcom.wa.us MICHAEL RUSSELL Facilities Manager RE: Recommend to Accept Bid Award #10-83 —Roof at 3720 Williamson Way On Tuesday, October 26, 2010 four bids were received in response to Whatcom County Bid #10-83, Replace Roof at 3720 Williamson Way. The following bids were received: Base Bid ✓ Hytech Roofing in the amount of: $75,309.85 ✓ Topside Roofing in the amount of: $75,895.75 ✓ Borders Quality Roofing in the amount of: $81,483.50 ✓ Western Roofing in the amount of: $88,959.15 Hytech Roofing met all of the required specifications for performing the work required for this project. It is the recommendation of this office that the low bid submitted by Hytech Roofing be accepted. Funding amount needed for this contract is $75,309.85 including WSST. Funding is provided by: Supplemental Request, Ordinance #2010-032 - $150,000 for Williamson Way building improvements If you need additional information, please contact me at extension 50575. Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY ( ) 738-4555 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-397 CLEARANCES Initial Date Date Received in Council O cce Agenda Date Assigned to: K. Christensen ,� /� p E D 11123110 FinancelCouncil Originator: /�l J. Hutchings koli Division Head: ®V 2U1U F. Abart VDe t. Head: WHATCOM COUNTY D. Gibson Prosecutor: d1 11/05/10 COUNCIL B. Bennett Bb 11/5/10 Purchasin lB et P. Kremen Executive: TITLE OF DOCUMENT: Lake Whatcom Watershed Storm -water Projects Design Assistance ATTACHMENTS: 1. Memo 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 ( ) 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 Lake Whatcom Comprehensive Stormwater Plan identified Capital Improvement Projects (CIPs) to address water quality and flooding issues. Wilson Engineering will develop final plans, specifications, engineer estimates, and assist with construction services for the following three high priority CIPs in the Lake Whatcom Watershed: • Toad Lake Road at Academy Street Velocity Reductions (CIP-05) • Fremont Street near Coronado Avenue Velocity and Volume Reductions (CIP-07) .• Coronado Avenue Velocity and Volume Reductions (CIP-08) COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. us NOV 12 2010 TO: To the Honorable Pete Kremen, County Executive, and Honorable Members of the Whatcom County Council PETE KFiEMEN /�/ COUNTY EXECUTIVE THROUGH: Frank M. Abart, Public Works Director 11 FROM: Jon Hutchings, Ph.D., Assistant Direc or\ d./G Kirk N. Christensen, P.E., Stormwater Manager 1 RE: Contract for Services with Wilson Engineering, LLC, for Lake Whatcom Watershed Stormwater Projects Design Assistance DATE: November 8, 2010 Please find attached for your review and signature two (2) contract originals between Wilson Engineering, LLC, and Whatcom County for design assistance of stormwater projects in the Lake Whatcom Watershed. ■ Background and Purpose The Lake Whatcom Comprehensive Stormwater Plan, adopted by Council on May 6, 2008, identifies Capital Improvement Projects (CIPs) to address water quality, erosion, and flooding issues. These CIPs will retrofit certain areas with stormwater improvement facilities. Portions of the Lake Whatcom watershed experience significant development pressure and increased stormwater runoff volumes and peak flows. Extensive bank erosion and channel incision contribute sediments containing phosphorous and other pollutants to stormwater that eventually enters into Lake Whatcom. Projects to address these issues may consist of creek channel stabilization using natural stream restoration, bio-infiltration swales, vegetation techniques, and step pools. Wilson Engineering will assist with design and construction services to implement three of the highest priority CIPs in the Lake Whatcom Comprehensive Stormwater Plan including: • Toad Lake Road at Academy Street Velocity Reductions (CIP-05) • Fremont Street near Coronado Avenue Velocity and Volume Reductions (CIP-07) • Coronado Avenue Velocity and Volume Reductions (CIP-08) Wilson Engineering is on the 2010 Roster for Engineering & Architectural Services and was selected through a competitive process. ■ Funding Amount and Source This contract in the amount not to exceed $128,992 will be funded through the Public Works-Stormwater 2010 base budget for Lake Whatcom (cost center 123201.6630). Please contact Kirk at extension 50209 if you have any questions or concerns regarding the terms of this agreement. Attachments 79 WHATCOM COUNTY CONTRACT INFORMATIONSHEET Whatcom County Contract No. 'RDlo/l0()- Originating Department: Public Works-Stormwater ContractAdministrator: Kirk Christensen, Stormwater Mana er Contractor's /Agency Name: Wilson Engineering, LLC 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 contractgrantfunded? 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): Direct RFP letter invitation sent 9128110 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 $ 128, 992 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 Lake Whatcom Comprehensive Stormwater Plan identified Capital Improvement Projects (CIPs) to address water quality and flooding issues. Wilson Engineering will develop final plans, specifications, engineer estimates, and assist with construction services for the following three high priority CIPs in the Lake Whatcom Watershed: • Toad Lake Road at Academy Street Velocity Reductions (CIP-05) • Fremont Street near Coronado Avenue Velocity and Volume Reductions (CIP-07) • Coronado Avenue Velocity and Volume Reductions (CIP-08) Term of Contract: Expiration Date: December 31, 2013 Contract Routing Steps & Signoff - Lsign or initial) vindicate date transmittedl 1. Prepared by: Remy McConnell Date 1113110 [electronic] 2. Attorney reviewed: _Daniel L. Gibson 3. AS Finance reviewed: bbennett 4. IT reviewed if IT related 5. Corrections made: 6. Attorney signoff Daniel L. Gibson 7. Contractor signed: 8. Submitted to Exec Office ,Z 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-1 1105110 [electronic] Date 1115110 [electronic] Date [electronic] Date [electronic] hard copy printed Date_11105110 Date 11-8-l0 Date //-12-1 D [summary via electronic, hardcopies] Date Date Date Date Date :1 Alk Whatcom County Contract No. aoio It ot 2- CONTRACT FOR SERVICES Design and Construction Services for Stormwater Projects in the Lake Whatcom Watershed WILSON ENGINEERING, LLC , 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). 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 24th day of November , 20 10 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of December , 20 13 . The general purpose or objective of this Agreement is for: assistance with design and construction services for stormwater projects in the Lake Whatcom Watershed , 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 ****"ONE HUNDRED "TWENTY-EIGHT THOUSAND, NINE HUNDRED NINETY-TWO AND NO/100 DOLLARS***' ($128,992). 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: WILSON ENGINEERING, LLC ndrew Law, Managing Member STATE OF WASHINGTON ) ) ss. COUNTY OF Ci A400&7 ) On this `dfday of A4A�avybg,✓20 /0, before me personally appeared ANDREW LAW to me known to be a MANAGING MEMBER of WILSON ENGINEERING, LLC, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. #Qa!; ;•o,, NOTARY PUBLIC in and for the State of Washington resid' g at ;�`yQ•�: Sg10N F ••�C,, �'rr i?QOf . My commission expires !o � / pTAR p • = :off 1-�: _ '.,,OF WAS�`,.``��� ''11►n a„10% Contract for Services 1 Lake Whatcom Watershed Stormwater Projects Design Assistance Page WHATCOM COUNTY: Recommended for Approval: A ''/�x Frank M. Abart Date Public Works Director Approved �asyto form: 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: WILSON ENGINEERING, LLC Andrew Law, P.E. Address: 805 Dupont Street, Suite 7 Bellingham, WA 98225 Phone: 360.733.6100 FAX: 360.647.9061 Email: alawat7.wilsonengineering.com Contract for Services 2 Lake Whatcom Watershed Stoanwater Projects Design Assistance Page GENERAL CONDITIONS Series 00-09: Provisions Related to Nature and Purpose 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 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 documentation, Contract for Services 3 Lake Whatcom Watershed Stormwater Projects Design Assistance Page 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. 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. Contract for Services 4 Lake Whatcom Watershed Stonwater Projects Design Assistance Page 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Copyright Infringement: 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 its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. Contract for Services $ 5 Lake Whatcom Watershed Stormwater Projects Design Assistance Page 5 34.3 Defense & Indemnity Agreement: The Contractor agrebs 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. 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: Contract for Services $6 Lake Whatwm Watershed Stormwater Projects Design Assistance Page ti 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 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. 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. Contract for Services $7 Lake Whatcom Watershed Stormwater Projects Design Assistance Page 7 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 R8 Lake Whatcom Watershed Stoanwater Projects Design Assistance Page7f EXHIBIT "A" (SCOPE OF WORK) Lake Whatcom Watershed Stormwater Projects Design Assistance Background - Existing Problems and Proposed Solutions Water quality continues to be a concern in Lake Whatcom. The Lake Whatcom watershed experiences significant development pressure and increased stormwater runoff volumes and peak flows. Extensive bank erosion and channel incision contribute to sediments containing phosphorous and other pollutants that eventually enter into Lake Whatcom. The Lake Whatcom Comprehensive Stormwater Plan identified high priority Capital Improvement Projects (CIPs) to address water quality, erosion, and flow management. Many of these CIPs consist of retrofitting certain areas with stormwater improvement facilities. This scope of work consists of implementing three of the highest priority CIPs in the Lake Whatcom Comprehensive Stormwater Plan. These three CIPs are stormwater retrofit projects and include: CIP-05: Velocity Reductions, Toad Lake Road at Academy Street This project is intended to reduce the erosive velocities in the ditches along Toad Lake Road and reduce pollutant loadings to Lake Whatcom. We estimate peak flow to reach up to 15 cfs (cubic feet per second) with a corresponding velocity of 6 fps (feet per second), which is a very erosive force. There is little urbanization in this drainage basin, and so erosion and sediment control and flow control are the main objectives rather than primarily water quality treatment. This project will replace high velocity ditches with a series of cascades, pools, and vegetated swales. Cascades and pools will serve to dissipate flow energy slowing velocities to less than 1 fps. Pools and vegetated swales will filter and trap suspended solids. This improvement will protect Lake Whatcom from pollutant loading associated with suspended solids and will also help protect downstream City ditches from erosion. New swales will be wider than the existing ditches, which will allow for more infiltration, further reducing stormwater volume and flow rate. Some bio-infiltration swales could be constructed to enhance infiltration of stormwater, pending the results of a geotechnical investigation. CIP-07: Velocity and Volume Reductions, Fremont Street near Coronado Avenue 'there are 700 linear feet of roadside ditch on Fremont Street ditch between Austin Street and the outfall to an unnamed creek. This project will reduce velocities and volumes of runoff in this ditch to alleviate erosion in the ditch and in the receiving stream. This ditch has very high stormwater flows that degrade both the receiving stream and Lake Whatcom. We estimate existing peak ditch flows to reach up to 35 cfs with a corresponding velocity of 8 fps, which is a highly erosive force. During peak flows, some of this runoff is already diverted to the Cable Street drainage basin via cross -culverts to ditches. An additional portion of the peak flow could be diverted in a controlled manner to the Cable Street storm sewer via the Austin Street storm sewer (controlled flow diversion could be about 4 cfs, during the 6-month through 100-year storms, without impacting Cable Street). The ditch itself will be converted into a series of shallow step pools linked by drop weirs. Stormwater will flow over the weirs and into each pool one after the other. Flow energy will be dissipated and suspended solids will settle. The pools will be underlain with a depth of sandy soil for infiltration filtering of pollutants targeting phosphorus removal. Filtered water will be collected and discharged to the creek. A controlled volume of this stormwater will also be allowed to infiltrate into the ground. A removable orifice will be used to control flow and/or stop flow to the infiltration gallery depending on groundwater table conditions and neighborhood drainage issues. This project could also make use of underground gravel storage beds to provide enhanced flow rate reduction to further protect the receiving stream form channel erosion. Contract for Services $ 9 Lake Whatcom Watershed Stormwater Projects Design Assistance Page g CIP-08: Velocity and Volume Reductions, Coronado Avenue This project consists of diverting flow out of the piped conveyance system on Coronado Avenue between Columbus and Fremont Streets into bio-infiltration swales. The anticipated diversion flow rate is 0.4 cfs. Bio-infiltration swales will consist of a series of flat vegetated beds containing a depth of sandy soil for filtering pollutants targeting phosphorus removal. Each swale level will be linked to the next swale level by a drop weir. Stormwater will be diverted from the street storm sewer into swales at several locations. Filtered water will be collected and discharged to the creek. A controlled volume of this stormwater will be allowed to infiltrate into the ground thereby reducing peak stream flows. A removable low orifice will be used to control or stop flow to the infiltration gallery depending on groundwater table conditions. There is also potential to divert some urban runoff from Lewis Avenue to the treatment system, although this would require a new conveyance pipe linking Lewis Avenue to Coronado Avenue. Scope of Work The work described above and in the following sections constitutes services to be provided by Wilson Engineering for the County. The Consultant's work will be organized into four phases as outlined below. Phase 1-A. Project Management and Communications Phase 1-13. Pre -design for Stormwater Retrofit Facilities Phase 1-C. Design for Stormwater Retrofit Facilities Phase 1-D. Construction Phase for Stormwater Retrofit Facilities Subtasks are described for each phase. Similar subtasks are described together but listed separately in the fee estimate exhibit. Schedule and Budget Work will be completed in time to allow for bidding in winter of 2012 with construction completion during the watershed work window of 2012. The attached Exhibit B (spreadsheet) gives the basis for the not -to -exceed estimate of $128,992 for these professional services. All work will be performed on a time and materials basis at the personnel and expense rates shown in Exhibit B-1. Phase 1-A. Project Management and Communications Subtask 1: Provide overall management of projects including budgets, scheduling, billing, and contracting. Subtask 2: Work includes meetings and communications with County staff, project team members, and agencies. Subtask 3: Coordinate with County surveyors to have County staff perform topographic surveys as necessary to prepare base maps for design of these three CIPs (Wilson Engineering can alternatively provide this service if budget is provided). Subtask 4: Coordinate with County surveyors to have County staff perform boundary research and confirmation surveying to determine if sufficient easement or right-of-way is available without additional acquisitions for retrofits (Wilson Engineering can alternatively provide this service if budget is provided). Subtasks 5 and 6: Prepare informational materials, photos, and figures to explain retrofits and present at two neighborhood public meetings for CIP-05, CIP-07, and CIP-08. Receive input from neighbors and others attending. Provide additional informal site visits and other communications for neighbor concerns. Phase 1-B. Pre -design for Stormwater Retrofit Facilities Subtask 1: Meet with County staff to discuss CIPs and discuss specific alternative design concepts Contract for Services Lake Whatcom Watershed Stormwater Projects Design Assistance Page 119 considering: LID technologies, volume reduction methods, hydrogeology, controlled infiltration methods, phosphorus removal methods, fecal coliform removal methods, traffic safety, mosquito control, and aesthetic considerations. Subtask 2: Perform field reconnaissance of CIP sites with special attention to how they will discharge to streams, upstream conveyance systems, and potential drainage problems adjacent to CIPs. Subtask 3: Perform preliminary hydrologic analysis of the contributing drainage areas using the Western Washington Hydrology Model. Perform preliminary hydraulic analyses for stormwater design report. Subtasks 4 and 5: Prepare a brief evaluation of retrofit designs and a memorandum for each design. It is assumed memoranda will be prepared for CIP-05 and for CIP-07/08 (CIP-07/08 evaluated as one). Subtasks 6 and 7: Complete SEPA Checklists and prepare Hydraulic Project Approval applications for CIP-05 and for CIP-07/08 (CIP-07/08 evaluated as one). Subtasks 8 and 9: Complete a geotechnical investigation of the three CIP sites. Evaluate four test pits at each location (12 total). County staff will provide test pit excavation and backfill and traffic control. Prepare a geotechnical report detailing results, describing local hydrogeology conditions, and identifying estimated subgrade infiltration rates based on sieve analyses. Phase 1-C. Design for Stormwater Retrofit Facilities Subtask 1: Prepare stormwater design report documenting hydrologic and hydraulic calculations, documenting water quality treatment design, LID practices implemented, flow control and infiltration, and construction stormwater pollution prevention. Two design reports will be prepared: one for CIP- 05 and One for CIP-07/08. Subtask 2: Finalize base maps (and format for design drawing sets) received from County staff. Subtasks 3 through 8: Prepare one set of engineering plans for CIP-05, CIP-07, and CIP-08. Plan set will include cover sheet, index, legend, notes, vicinity maps, SWPPP sheets, plan and profile sheets, and detail sheets. Subtasks 9 and 10: Prepare one set of specifications and contract documents based on the WSDOT 2010 standard specifications. Documents will include bid documents, contract documents, general specifications, and Division 1 though Division 9 special provisions. A construction cost estimate will be prepared for each CIP. Subtasks 11 through 15: Prepare one set of final bid documents and cost estimate for CIP-05, CIP-07, and CIP-08. Subtask 16: Assist County staff with bidding by answering questions during bidding and providing addenda. Phase 1-D Construction Phase for Stormwater Retrofit Facilities Work consists of construction phase engineering including submittal review; assistance with field questions, change orders, or pay estimates; field visits; record drawings; and project closeout. Contract for Services q Lake Whatcom Watershed Stormwater Projects Design Assistance Page `f1� Deliverables for Scope of Work: 1. Neighborhood Meetings (2) 2. Conceptual Design Memoranda (2) 3. SEPA Checklists (2) and Hydraulic Project Approval applications (2) 4. Geotechnical Report 5. Stormwater Design Report 6. 60% Plans for CIP-05, CIP-07, and CIP-08 7. 90% Plans, Specifications and Cost Estimates for CIP-05, CIP-07, and CIP-08 8. Bid -Ready Plans, Specifications and Cost Estimates for CIP-05, CIP-07, and CIP-08 9. Addenda 10. Submittal Reviews 11. Record Drawings Contract for Services Lake Whatcom Watershed Stormwater Projects Design Assistance Page 1 EXHIBIT "B" (COMPENSATION) Wilson Engineering, LLC Proposal for Retrofit Stormwater Improvements Proposal Date 11-01-2010 Phase Task ID Task Direct Costs or Subconsultant Senior Engr Project Engr GIS Specialist Senior CAD Eng. Tech Sr. Surrey Tech Task Estimated Cost Total Est. Hours 1 $ 122.00 $ 110.00 $ 91.00 $ 78.00 $ 70.00 $ 91.00 Hours 1 A PROJECT MANAGEMENT AND COMMUNICATIONS 1 lProject management/administration 1 20 1 1 $ 2,440 2 Project meetings and communications 20 20 $ 4,640 3 Coordinate County staff pre -design topo surveying 1 4 $ 474 4 Coordinate County staff boundary research 1 4 $ 474 5 Prepare and present at neighborhood public meeting (2) 20 8 4 20 $ 5,084 6 Communications/site %isits with neighbors 16 8 $ 2,832 SUBTOTAL 76 38 4 0 1 20 8 1 $ 15,944 146 1-B PREDESIGN PHASE - STORMWATER RETROFIT FACILITIES 1 Meet with County staff to discuss design concepts 2 2 $ 464 2 Field reconnaissance (upstream and site) 5 5 $ 1,160 3 Preliminary hydrologic/hydraulic analysis 2 20 4 $ 2,808 4 Design Concept Memoranda (2 each) 20 8 $ 3,320 5 Preliminary Cost Estimate for each retrofit (3 each) 1 6 $ 782 6 Complete SEPA Checklists (two total) 2 12 $ 1,084 7 Prepare HPA Applications (two total) 2 14 $ 1,224 8 Geotechnical Investigation (test pits) $ 5,0oo $ 5,000 9 Geotechnical Report $ 2,500 $ 2,500 SUBTOTAL 34 41 4 1 0 26 1 0 $ 18,342 105 1-C DESIGN PHASE - STORMWATER RETROFIT FACILITIES 1 Stormwater Design Reports (2 sites) 8 50 8 8 $ 7,764 2 Finalize Base Maps 2 8 2 $ 1,026 3 CIP-05 60% Plans (est. 8 sheets) 12 40 32 32 $ 10,600 4 CIP-07 60% Plans (est. 6 sheets) 8 30 24 24 $ 7,828 5 CIP-08 60% Plans (est. 4 sheets) 4 22 16 16 $ 5,276 6 CIP-05 901/. Plans (est. 8 sheets) 4 36 24 24 $ 8,000 7 CIP-07 90% Plans (est. 6 sheets) 3 28 18 18 $ 6,110 8 CIP-08 90% Plans (est. 4 sheets) 2 20 12 12 $ 4,220 9 90% Specifications and Contract Documents 8 40 8 $ 5,936 10 90% Cost Estimate 1 8 $ 1,002 11 CIP-05 Bid Plans (est. 8 sheets) 3 18 18 18 $ 5,010 12 CIP-07 Bid Plans (est. 6 sheets) 2 12 12 12 $ 3.340 13 CIP-08 Bid Plans (est. 4 sheets) 1 8 10 10 $ 2,482 14 Bid Specifications and Contract Documents 4 12 8 $ 2,368 15 Bid Cost Estimate 1 4 $ 562 16 Assist with Bidding 4 20 5 $ 3,038 SUBTOTAL 65 350 8 1 174 195 2 $ 74,562 794 1-D CONSTRUCTION PHASE - STORMWATER RETROFIT FACILITIES 1 lProcess construction submittals 4 30 $ 3,788 2 Reuew requests for substitutions 8 $ 976 3 Interpret plans & technical specs 8 4 $ 1,416 4 Reuew change orders 8 12 $ 2,296 5 Reuew contractor's testing & insp. results 8 $ 880 6 Site usits (12 %sits, 2 sites x 6 each) 14 28 $ 4,788 7 Project meetings (1) 2 2 $ 464 8 Reuew pay requests (6) 12 $ 1,320 9 Reuew punch list work for compliance 2 3 $ 574 10 Record drawings, project closeout 1 4 44 $ 3,642 SUBTOTAL 47 103 0 0 44 0 $ 20,1441 194 TOTAL ESTIMATE FOR PHASE 1 STORMWATER RETROFIT FACILITIES $ 128,992 Contract for Services 93 Lake Whatcom Watershed Stormwater Projects Design Assistance Page 13 Exhibit B-1 Compensation 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. Compensation for engineering, planning, and surveying professional services shall be for time and expenses not to exceed $129,000, as outlined below and in Exhibits A and B, based on work performed in satisfactory fulfillment of all items listed and receipt of deliverables. Work continuing after the completion date of this contract shall be at the Contractor's expense unless otherwise agreed to in writing. In no event shall total compensation paid to Contractor by the County under this contract exceed $290,000 for engineering, planning, surveying and design professional services unless the contract is modified in this regard and such amendment executed in writing by the parties hereto. Where professional services are provided on an hourly basis, the following rates shall apply to cover salaries, taxes, insurance, administration, general overhead, and profit: Classification Hourly Rate Senior Project Engineer, PE $122 Project Engineer, PE $110 Engineer II, PE $100 Engineer I, EIT $93 GIS Analyst $91 CAD Design Technician $70 Clerical $66 Inspector $70 Professional Land Surveyor $121 Senior Survey Technician $91 Survey Technician $70 GIS Mapping Technician $102 2 Person Survey Crew (conventional) $150 GPS Survey Crew $165 3 Person Survey Crew (conventional) $185 Sub -consultants - reimbursed at cost plus 5% Direct expenses (reimbursed at cost plus 5%) include but are not limited to) the following: Reproduction of drawings and construction documents Postage and shipping Specialized Equipment Rental, at rental rate (Submission of above personnel rates should not be construed as a proposal to perform a set scope of work for a particular monetary sum unless accompanied by a detailed estimate of personnel time by discipline which would be required to perform said work.) Budget Narrative Contract amounts are amounts not to be exceeded in the total budget referenced above. 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 in attached project budget. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed. Mileage will be reimbursed at the current IRS rate; lodging and per diem shall not exceed the GSA rate for the location where services are provided. Other expenditures such as printing, postage, and telephone charges shall be reimbursed at actual cost plus 10%. Requests for expense reimbursement must be accompanied by copies of paid invoices. Costs of alcoholic beverages are not eligible for reimbursement. Reimbursement for air travel will be at coach rates. 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. Contract for Services g Lake Whatcom Watershed Storrnwater Projects Design Assistance Page 144 EXHIBIT II C II ACORD DATE (MM/DDmrY) CERTIFICATE OF LIABILITY INSURANCE 11/5/2010 PRODUCER (360) 734-1161 FAX: (360) 734-1173 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rice Insurance LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1400 Broadway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 639 Bellingham WA 98227 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Liberty Northwest Wilson Engineering LLC INSURER B: Seabright Ins Co 805 Dupont Street Suite #7 INSURERC: INSURER D: Bellingham WA 98225 INSURERE: AiS M1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN 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. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMIX PREMISES E. ,Ncu ence $ 100,000 A X COMMERCIAL GENERAL LIABILITY CLAIMSMADE 7 OCCUR C04165897 4/1/2010 4/1/2011 MEDEXP (Any oneperson) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY JECT LOC AUTOMOBILE X LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS C04165897 4/1/2010 4/1/2011 BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 X OCCUR 7CLAIMSMADE C04165897 4/1/2010 4/1/2011 $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC STATUS OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ ZOO, OOO OFFICERIMEMBEREXCLUDED? BB3101276 1/13/2010 1/13/2011 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 500,000 * OTHER Stop Gap C04165897 4/1/2010 4/1/2011 EA Accident 1,000,000 Each Employee 1,000,000 Disease 11000,000 DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Whatcom County is named as additional insured. Lake Whatcom Stormwater Projects Design Assistance ER (360)738-2468 Whatcom County Public Works-Stormwater 322 N. Commercial St Suite 301 Bellingham, WA 98225 ACORD 25 (2001108) lucn�a �,�o• moo., SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 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 AUTHORIZED REPRESENTATIVE Ron Thorneycroft/RMF © ACORD CORPORATION 1988 95 �r, IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS025 (0108).08a Page 2 of 2 •e ADDITIONAL COVERAGES Ref # Description Medical Expense Coverage Code MEDEX Form No. Edition Date Limit 1 5,000 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Underinsured motorist combined single limit Coverage Code UNCSL Form No. Edition Date Limit 1 1,000,000 Limit 2 Limit 3 Deductible Amount 300 Deductible Type Premium Ref # Description U.S. longshore & harbor WC act Coverage Code USLH Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 -7 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium . Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium rOFADTLCV Copyright 2001, AMS Services, Inc. 97 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-398 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: K. Olason Originator: �G ' P q �0U�-�)EC _ © L 11/23/10 Finance) Council K Christensen �/ 119 %O Division Head: /y'rj 1 NOV t 6 20�0 F. Abart ��� Dept. Head: Q , q /� Tp► A VN HATCOM COUNTY COUNCIL D. Gibson Prosecutor: dt 11108110 B. Bennett Bb 11108110 Purchasin / e V L P. Kremen Executive. TITLE OF DOCUMENT: Design Assistance of Storm water Projects in the Birch Bay Watershed ATTACHMENTS. 1. Contract Information Sheet 2. Memo 3. Contract and related exhibits SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Birch Bay Comprehensive Stormwater Plan identified high priority capital improvement projects (CIPs) that address water quality and flooding issues. The first series of CIPs have been evaluated and are proceeding toward final design and construction. The County now seeks assistance from Land Development Engineering & Surveying Inc. to move forward with the next step of CIP implementation, final design, and/or final assessment of remaining CIPs. The Scope of Services related to the Birch Bay Watershed includes the following deliverables: • Develop plans, specifications, and engineer's estimate (PS&E) for undersized stormwater infrastructure, water quality and maintenance improvements along Charel Terrace. • Complete assessment and develop final recommendation memorandum for the remaining priority capital improvement projects. • Complete preliminary design options for Rogers Slough at Birch Bay Drive. • Complete special project reviews as needed and requested by County staffforprojects in the Birch Bay Watershed to evaluate whether the proposal, as submitted, would require any additional protections of design considerations to avoid offsite or downstream impacts to the current drainage system or impacts to future improvements of projects planned by BBWARM or the County. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #. Related File Numbers: Ordinance or Resolution Number: 200907017-1 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/councib WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Phone # (360) 715-7450 Fax # (360) 715-7451 www.co.whatcom.wa.us NOV 12 2010 TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council FROM: PETS KREMEN Jon Hutchings, Ph.D., Assistant Director COUNTYEXECUTNE Kirk N. Christensen, P.E., Stormwater Manager xl1%✓ THROUGH: Frank M. Abart, Public Works Director RE: Contract for Services with Land Development Engineering & Surveying, Inc., for Design Assistance of Stormwater Projects in the Birch Bay Watershed DATE: November 9, 2010 Enclosed for your review and signature are two (2) originals of a contract for services between Whatcom County and Land Development Engineering & Surveying, Inc. ■ Background and Purpose The Birch Bay Comprehensive Stormwater Plan identifies high priority capital improvement projects (CIPs) that address water quality and flooding issues. The top CIPs include neighborhood drainage problems, roadway flooding, fish passage improvements, and stormwater infrastructure improvements. In a previous contract, conceptual designs were developed for all top 10 CIPs and presented to the BBWARM Advisory Committee at their January 2010 meeting. Preliminary designs were completed for the top three projects (Cottonwood Neighborhood Failing Infrastructure Project, Scour Hole within Cottonwood Neighborhood Safety Issue Project, and Oertel Drive/ Cary Lane/Charel Drive [Charel Terrace] Undersized Infrastructure Project). The County now seeks to move forward with the next step of CIP implementation. The Scope of Services related to the Birch Bay Watershed includes the following deliverables: • Develop plans, specifications, and engineer's estimate (PS&E) for undersized stormwater infrastructure, water quality and maintenance improvements along Charel Terrace. • Complete assessment and develop final recommendation memorandum for the remaining priority capital improvement projects. • Complete preliminary design options for Rogers Slough at Birch Bay Drive. • Complete special project reviews as needed and requested by County staff for projects in the Birch Bay Watershed to evaluate whether the proposal, as submitted, would require any additional protections of design considerations to avoid offsite or downstream impacts to the current drainage system or impacts to future improvements of projects planned by BBWARM or the County. Land Development Engineering & Surveying, Inc., is on the 2010 Roster for Engineering & Architectural Services and was chosen through a competitive selection process. ■ Funding Amount and Source The total contract amount is not to exceed $113,545 and will be funded by stormwater fees collected through the tax roll of property owners in the BBWARM District (cost center 169250). Please contact Kraig Olason at extension 50782 if you have any questions or concerns regarding the terms of this agreement. Enclosures WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. aoiv//oil Originating Department: Public Works-Stormwater Contract Administrator: Kraig Olason, Senior Planner Contractor's /Agency Name: Land Development Engineering & Surveying, Inc. 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) Direct RFP letter invitation 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 $_113,545 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 Birch Bay Comprehensive Stormwater Plan identified high priority capital improvement projects (CIPs) that address water quality and flooding issues, The first series of CIPs have been evaluated and are proceeding toward final design and construction. The County now seeks assistance from Land Development Engineering & Surveying Inc. to move forward with the next step of CIP implementation, final design, and/or final assessment of remaining CIPs. The Scope of Services related to the Birch Bay Watershed includes thefollowing deliverables: • Develop plans, specifications, and engineer's estimate for undersized sormwater infrastructure, water quality and maintenance improvements along Charel Terrace • Complete assessment and develop final recommendation memorandum for the remaining priority capital improvement projects • Complete preliminary design options for Rogers Slough at Birch Bay Drive • Complete special project reviews as needed and requested by County stafffor projects in the Birch Bay Watershed to evaluate whether the proposal, as submitted, would require any additional protections of design considerations to avoid offsite or downstream impacts to the current drainage system or impacts to future improvements of projects planned by BBWARM or the County. Term of Contract: Expiration Date: December 31, 2012 Contract Routing Stens & SiQnoff [sign or initiall (indicate date transmitted 1. Prepared by: Remy McConnell Date_1115110_ [electronic] 2. Attorney reviewed: Daniel L. Gibson Date 11108110 [electronic] 3. AS Finance reviewed: bbennett Date 1118110 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff.• Daniel L. Gibson Date 11108110 7. Contractor signed: Date 8. Submitted to Exec Office Date [summary via electronic, hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept, Date 14. County Original to Council Date this form may need to expand to more than one page 100 COUNTY ORIGINAL Whatcom County Contract No. o?oiy�lo�l CONTRACT FOR SERVICES Design Assistance of Stormwater Projects in the Birch Bay Watershed LAND DEVELOPMENT ENGINEERING & SURVEYING, INC. , 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 19 Exhibit B (Compensation), pp. 20 to 23 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 24th day of November , 20 10 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of December '20 12 The general purpose or objective of this Agreement is for: design assistance of stormwater projects in the Birch Bay Watershed 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 ***ONE HUNDRED THIRTEEN THOUSAND, FIVE HUNDRED FORTY-FIVE AND NO/100 DOLLARS-' ( 113 545). 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 &Llday of Na20110 . CONTRACTOR: Land Deve pmen Engineering & Surveying, Inc. Ramon Janos, Principal STATE OF WASHINGTON ) �" y ) ss. UrJ '' COUNTY OF 4, Cori t ) On this _14 ay of A�20,tQ, before me personally appeared RAMON LLANOS to me known to be the PRINCIPAL of LAND DEVELOPMENT ENGINEERING & SURVEYING, INC., 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 resi ing at M OG�L4/4ly commission expires N A� •• ?o �0'(ARy�N. _ G •Zz .��q�;• 02-233t .•�C�`��; F OF W AS�,��`', �'�"«rrrrrn10" Contract for Services: Land Development Engineering & Surveying, Inc. Page 1 Design Assistance for Stormwater Projects in Birch Bay Watershed 101 WHATCOM COUNTY: Recommended for Approval: Frank M. Abart Date Public Works Director Approved as p� to form: 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. CONTRACTOR INFORMATION: LAND DEVELOPMENT ENGINEERING & SURVEYING Ramon Llanos, Principal Address: 5160 Industrial Place, PIP Bldg. #108 Ferndale, WA 98248 Contact Phone: 360.383.0620 Contact FAX: 360.383.0639 Contact Email: ramon@ldesinc.com NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires Contract for Services: Land Development Engineering & Surveying, Inc. Design Assistance for Stormwater Projects in Birch Bay Watershed Page 2 102 GENERAL CONDITIONS Series 00-09: 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 defaults) 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: Land Development Engineering & Surveying, Inc. Design Assistance for Stormwater Projects in Birch Bay Watershed Page 3 103 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. 'rhe 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: Land Development Engineering & Surveying, Inc. Design Assistance for Stormwater Projects in Birch Bay Watershed Page 4 104 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: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Copyright Infringement: 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 Contract for Services: Land Development Engineering & Surveying, Inc. Page 5 Design Assistance for Stormwater Projects in Birch Bay Watershed 105 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, 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. 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 Contract for Services: Land Development Engineering & Surveying, Inc. Page 6 Design Assistance for Stormwater Projects in Birch Bay Watershed 106 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: 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 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. Contract for Services: Land Development Engineering & Surveying, Inc. Page 7 Design Assistance for Stormwater Projects in Birch Bay Watershed 107 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. 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: Land Development Engineering & Surveying, Inc. Page 8 Design Assistance for Stormwater Projects in Birch Bay Watershed 108 EXHIBIT "A" (SCOPE OF WORK) Land Development Engineering & Surveying, Inc. Design Assistance for Stormwater Projects in the Birch Bay Watershed The consultant's work will be organized into three tasks: • Task 1: Undersized infrastructure and drainage improvement plans, specifications, and engineer's estimate (PS&E) for the Charel Terrace project • Task 2: Final recommendations on priority capital improvement projects (CIP) for Birch Bay Watershed including preliminary design, basin analysis, and assessment on Rogers Slough at Birch Bay Drive • Task 3: Special project review. Background In the Birch Bay Watershed Project Screening and Criteria Memorandum (Osborn Consulting, Inc., October 2009), projects were prioritized and the top 10 capital improvement projects (CIP) from the Birch Bay Comprehensive Stormwater Plan were identified. The top CIPs included neighborhood drainage problems, roadway flooding, fish passage improvements, and improvements to stormwater infrastructure. Conceptual designs were developed for all top 10 CIPs and presented in the Birch Bay Watershed Project Conceptual Design Memorandum (January 2010) and the BBWARM Advisory Committee's January 2010 meeting. Preliminary designs were completed for the top three projects (Cottonwood Neighborhood Failing Infrastructure, Scour Hole within Cottonwood Neighborhood (Safety Issue), and Oertel Drive/Cary Lane/Charel Drive Undersized Infrastructure. The County now seeks to move forward with the next step of CIP implementation, final design, and/or final assessment. The Scope of Services related to the Birch Bay Watershed includes the following deliverables: 1. Develop plans, specifications, and engineer's estimate (PS&E) for undersized stormwater infrastructure, water quality and maintenance improvements along Charel Terrace (collectively Charel Drive [north], Cary Lane, and Oertel Drive). 2. Complete an assessment and develop a final recommendation memorandum for the remaining priority CIPs for Birch Bay Watershed identified in the Birch Bay Watershed Project Screening and Criteria Memorandum (Osborn Consulting, Inc., October 2009). 3. Complete assessment on Rogers Slough at Birch Bay Drive. 4. Complete development review as needed and requested by County staff. TASK 1: CHAREL TERRACE UNDERSIZED INFRASTRUCTURE AND DRAINAGE IMPROVEMENT PS&E The first task includes development of design drawings, specifications, and an engineer's estimate (PS&E) of the proposed Charel Terrace stormwater improvements project in the Birch Bay neighborhood. Improvements include replacement of the undersized stormwater infrastructure, water quality when and where feasible, and maintenance improvements. This phase includes the preparation of permitted design documents as well as construction administration services for the Charel Terrace undersized infrastructure and drainage improvement project. The project is scheduled for construction during the summer of 2011. Contract for Services: Land Development Engineering & Surveying, Inc. Page 9 Design Assistance for Stormwater Projects in Birch Bay Watershed 109 The over -arching goals for this project include: • Addressing potential and past flooding problems and improving stormwater infrastructure capacity • Providing water quality treatment • Improving ease of maintenance and maintenance access. The consultant shall prepare the project design, specifications, and cost estimate for approval according to Whatcom County, WSDOE, and WSDOT standards and procedures. The extent of the design area is shown on Exhibit 1. Exhibit 1: Extent of Design Limits (Does not include optional outfall pipe replacement area, Task C). Contract For Services: Land Development Engineering & Surveying, Inc. Design Assistance for Stormwater Projects in Birch Bay Watershed Page 10 110 Task 1-A: PROJECT DATA COLLECTION The objective of this task is to obtain project data that will allow analysis and design to be completed. Task 1 A (1): Data Collection and Documentation Consultant shall coordinate with County project manager to ensure accurate transfer of project design knowledge and other related projects that may have an impact. This shall include the following items: • Public and agency coordination • Aerial photos • Hydraulic studies • Flood mapping • LIDAR data • Available survey and GIS data • Survey data collected by the County crews • CCTV of existing pipe network • Documentation of existing flow path • Easements and right-of-way. Task 1 A (2): Site Visits Consultant shall complete site visits to visually inspect existing conditions and flow direction including culverts, ditches, and storm drains. This task assumes two site visits. Task 1-A (3): Coordination of Surveying Task with County Staff Consultant will meet with the County and assist in the process of locating areas to be surveyed, including the development of a site map showing areas to be surveyed, and list all areas and items to be located, and all invert elevations required as well as exhibits for easement acquisition. The County will perform the full topographic survey and provide the field notes and data to the consultant. Task 1 A (4): Surveying Base Map review Whatcom County will prepare a base map to be used for final design and will perform all plat research, deeds, and surveys necessary. The County will also be responsible to provide a record of survey. The County will prepare a record of survey drawing for the County to certify and record. DNR monument destruction permit will be the responsibility of Whatcom County. Task 1-113: HYDROLOGIC AND HYDRAULIC ANALYSIS The consultant has completed preliminary design hydrologic modeling for the project (Birch Bay Watershed Prioritization Project. Oertel Drive — Charel Drive — Cary Lane Infrastructure Project — Undersized Conveyance Determination Preliminary Design Memorandum, August 30, 2010). The proposed improvements will be limited to areas located within Section 15, Township 40N, Range 1 W. Task 1-B will include reviewing the hydrologic and hydraulic analysis performed in the above mentioned report. Additional hydrologic and hydraulic analysis will be performed based on the final design approach. Task 1-B shall provide the information needed to complete hydraulic analysis for final design, PS&E, all of which will be summarized in the Hydraulic Report. Task 1-B (1): WWHM3 Modeling Consultant will utilize the WWHM3 model to identify flows and frequencies for the contributing areas in the project limits. Flows from the upstream contributing area on Trillium property will be reviewed and verified from the past stormwater reports submitted to the County by the Trillium Corporation. Contract for Services: Land Development Engineering & Surveying, Inc. Page 11 Design Assistance for Stormwater Projects in Birch Bay Watershed 111 Task 1-8 (2): Complete Hydraulic Analysis for Final Design & PS&E Perform hydraulic analysis using Manning's Equation and the Rational method using design flows developed in Task 1-13 (1). Results will be used to complete the conveyance and water quality elements of the design and to develop plans, specifications, and a cost estimate for the project. Task 1-8 (3): Create Hydraulic Report Consultant will summarize in a memorandum the modeling work and results from the hydraulic analysis to document the design flows, volumes, and frequency. The report will also document the sizing recommendations for water quality and conveyance design calculations. Task 1-C: OUTFALL PIPE REPLACMENT DESIGN (OPTIONAL) At this time, the condition of the 18-inch outfall pipe from the intersection of Charel Drive and Cary Lane to the beach is unknown. Past attempts to inspect the pipe were unsuccessful. The County is in the process of additional inspection and reconnaissance work to identify the pipe location and its condition. If it is determined that the pipe is unsuitable, a replacement pipe design will be included as part of the consultant's design package. Task 1-C (1): Outfall Pipe Replacement Alternatives Analysis Consultant will present alternatives for outfall pipe repair or replacement based on an assessment of this outfall performed by the County. The consultant will analyze various replacement options including trenchless technologies such as pipe bursting, slip lining, and boring. Task 1-C (2): Shoreline Outfall Assessment OTAK Inc., a technical expert in shoreline analysis and design, will review the alternative analysis, provide recommendations on design, and review the final design of outfall pipe. Task 1-C (3): Outfall Pipe Replacement Final Design Consultant will complete final plans, specifications, and an estimate package for the outfall pipe replacement (to be included as part of the Task D package and consistent with Task 1-D requirements). Task 1-D: FINAL DESIGN The objective of this task is to prepare final plans, specifications, and an estimate package including environmental permit applications. Final design will be compliant with all permit requirements. Task 1-D (1): Water Quality Design Consultant will determine the extent of water quality treatment that would be appropriate for the project and develop options for incorporating water quality facilities/features into the project. Task 1-D (2): Collection and Conveyance Sizing and Design Consultant will determine the extent of collection and conveyance improvements needed for the project and develop options for incorporating water quality facilities/features into the project. Task 1-D (3): Design Development The objective of the design development phase is to set the framework for completed Charel Terrace stormwater infrastructure improvement design plans through the 50% complete level. This task shall identify cost effective ways to provide water quality treatment by the use of filter strips, media filter drains, and bio-swales. One site visit and two meetings are included in this task. One meeting with the County design team and one public meeting are envisioned to keep the project on track. Deliverables will include: Contract for Services: Land Development Engineering & Surveying, Inc. Page 12 Design Assistance for Stormwater Projects in Birch Bay Watershed 112 • Cover Sheet with vicinity map • Grading, utility and stormwater plans for the Charel Terrace area • Detailed plan for non-standard design development details • Narrative describing the design extent. All work will be performed on a time and material basis at the personnel and equipment rates shown in Exhibit B. A total not -to -exceed estimate for services has been developed to cover design development, site visits, meetings, and review. Attendance of two meetings will be needed to provide feedback for design. Public meetings will be coordinated by the County. Task 1-D (3): Preparation of Specification and Bid Documents Prepare specifications and bid documents for the plans prepared under Task 1-D (3). Task 1-D (4): QA/QC and Coordination Provide quality control and quality assurance of the plans and specifications prepared under Task 1-C (2) and (3) as well as Task 1-D (3). LDES and OCI will provide peer review of the work previously described. Task 1-E: CONSTRUCTION PHASE Work of construction phase engineering to include submittal reviews, field questions, pay estimates, and change order requests. Task 1-E (1): Bid Coordination/Construction Consultation/Engineering Provide the County with bid process support and construction phase consultation. Task 1-E (2): Construction Site Visit If required by the County, the consultant will perform site visits to verify site conditions and potential deviations to the design plans. Task 1-E (3): Contract Administration — Pay Request and Change Orders If required, the consultant will assist the County in preparation of draw requests and change orders. Task 1-F: PROJECT ADMINISTRATION Consultant will provide project administration including budget and schedule management, internal quality assurance/quality control review of deliverables prior to submission, maintenance of records, and monthly invoicing. Administration will also include coordination with various County departments, design meetings with the owner, and other appropriate constants. Task 1-F (1): Project Management • Prepare monthly progress budget reports and update the project schedule to various tasks. • Provide peer review of submittal prior to presenting them to the County. • Maintain records of all submittals and data collected for the various phases of the project. • Prepare monthly invoices and progress payment reports. Task 1-F (2): Coordination with Various County Departments Coordinate with various County departments including Public Works and Planning and Development Services. Task 1-F (3): Design Meetings with the County and Other Appropriate Consultants Meeting will be conducted with various consultants and different County departments to ensure a coordinated effort during the design process. Contract for Services: Land Development Engineering & Surveying, Inc. Page 13 Design Assistance for Stormwater Projects in Birch Bay Watershed 113 Task 1-F (4): Public meeting The consultant will conduct a public presentation to discuss the project and analyzed design alternatives and to explain why the elected option is adequate for the project. Task 1: DELIVERABLES • Complete data transfer checklist • Phone logs, email documentation, all available record of survey (ROS) and plats for the proposed project currently in hand • Site map showing the areas to be surveyed as well as exhibits for easement acquisition • Exhibits for easement acquisition • Final signed hydraulic memorandum • Stormwater Pollution Prevention Plan (SWPPP) • Preliminary plans and cost estimate at 50% design level • Outfall replacement plans at 50% (optional) • Plans at final design level • Outfall replacement final plans (optional) • Design level estimate at 50% • Outfall replacement design level estimate at 50% (optional) • Final bid -ready estimate • Final outfall replacement bid- ready estimate (optional) • Draft contract specifications at 50% submittal • Draft contract specification for Outfall Replacement Design (optional) • Public meeting presentation • Contract specifications: Bid -Ready submittal • Contract specifications for Outfall Replacement: Bid Ready submittal (optional) • Construction phase assistance • Progress reports, invoices, and meetings • Final project documents and files delivered to the County at project closure. Task 1: COMPLETION DATE The estimated completion date is contingent on the County's review and coordination of each task. • Task 1-A will be completed in two weeks following NTP for Task 1. • Task 1-B will be completed four weeks following completion of Task 1-A. • Task 1-C (optional) and 1-D will be completed 10 weeks following completion of Task 1-B. Task 1: ASSUMPTION(S) • The consultant will provide permitting support or assistance as needed; consultant will provide Whatcom County with exhibits and calculations as requested by County permitting staff. • The project will not disturb more than one acre and therefore does not require a NPDES permit or SWPPP. • Hydrologic and hydraulic modeling for the Trillium property area contributing to the project will not be part of this scope. Existing documentation prepared by Trillium will be reviewed and used to estimate flows. • Water quality treatment will be provided where feasible. TASK 2: FINAL RECOMMENDATIONS ON REMAINING PRIORITY CIPs FOR BIRCH BAY WATERSHED INCLUDING BASIN ANALYSIS AND ASSESSMENT ON ROGERS SLOUGH AT BIRCH BAY DRIVE Contract for Services: Land Development Engineering & Surveying, Inc. Page 14 Design Assistance for Stormwater Projects in Birch Bay Watershed 114 Task 2, will complete an assessment and provide final recommendations on the remaining priority capital improvement projects identified in the Birch Bay Watershed Project Conceptual Design Memorandum (January 2010) prepared by Osborn Consulting, Inc. These second tier projects are identified below (in no particular order) and are the remaining "Top 10 Capital Projects" that have not been addressed. For a variety of reasons, the County determined that four of these five projects were not ready to move forward with preliminary design. An assessment and recommendation for each project is needed and will be developed under this task. A. Rogers Slough at Birch Bay Drive Tide Gate/Capacity Issue Project B. Semiahmoo Drive at Hogan Drive Velocity Issue Project C. Woolridge Yard Flooding Project D. Shintaffer at Richmond Park Conveyance Issue Project E. Terrell Creek Water Quality (Temperature, Dissolved Oxygen) Improvement Project. Projects B through E will require assessment and/or design work to either provide a recommendation for concluding the project or a simple preliminary design. The level of effort for these four projects should be relatively similar and the design and assessment work for each project can easily be summarized in a single memorandum. Project A (Rogers Slough at Birch Bay Drive), however, is more complicated and will require a separate memo to summarize options and a preliminary design. Therefore this work has been summarized as a separate sub task (Task 2-D). Task 2-A: COMPLETE ASSESSMENT "rhe objective of this task is to obtain relevant project information, complete project assessments, and provide recommendations to progress or move the projects forward. Task 2 A (1): Project Data Collection, Documentation and Coordination with County Staff The objective of this task is to obtain all relevant project data. The consultant shall coordinate with the County's project manager to ensure an accurate transfer of project knowledge of both the project and other projects that may have an effect on the project. The project data collection shall include the following items as needed: • Identify future basin studies or projects that may impact project • Past project related information • Information resulting in public and agency coordination on the project • Related stormwater reports or other reports submitted or prepared by the County • Flood mapping (FEMA) • Basin analysis or modeling if any conducted by the County • Upstream and downstream analysis if any conducted by the County • Available survey data if any collected by County crews. Task 2 A (2): Site Visit The consultant shall complete site visits to visually inspect existing conditions and flow direction including culverts, ditches, and storm drains. This task assumes one site visit for each project. Task 2-13: DRAFT TECHNICAL MEMORANDUM The objective of this task is to provide a draft of the final recommendations on the next steps for each of the four projects. The technical memorandum will aid the County and the BBWARM Advisory Committee in deciding the best solution and approach for the projects as well as what comprehensive planning may be needed. The technical memorandum shall include but will not be limited to the following elements for each project: Contract for Services: Land Development Engineering & Surveying, Inc. Page 15 Design Assistance for Stormwater Projects in Birch Bay Watershed 115 • Background and project description • Existing condition or project status • Basic alternative analysis (if required) • Graphic depiction (if required) • Recommendations on next steps • Conclusion • References. Task 2-C: FINAL TECHNICAL MEMORANDUM In this task, the draft technical memorandum will be updated with the comments and recommendations of County staff. The deliverable for this task will be the final technical memorandum which will summarize each of the four projects. Task 2-D: ROGERS SLOUGH ASSESSMENT The objective of this task is to complete a comprehensive assessment of the flooding, possible habitat enhancement and maintenance issues associated with Rogers Slough, and to provide options for addressing each of these issues. A more detailed evaluation of this project is needed, more so than the other projects, because of its interrelated issues. A more comprehensive assessment will give the County and BBWARM a more accurate understanding of the issues and options for moving forward. Task 2-D (1): Project Data Collection, Documentation and Coordination with County Staff The objective of this task is to obtain all relevant project data including any available sub -basin analysis, LIDAR, field survey, and past reports. Consultant shall coordinate with the County project manager to ensure an accurate transfer of project knowledge of both the project and other projects that may have an effect on the project. The project data collection shall include the following items: • LIDAR • Past DEA reports and design alternative • Private drainage easement • Identification of future basin studies or projects that may impact project • Past project related information • Information resulting in public and agency coordination on the project • Related stormwater reports or other reports submitted or prepared by the County • Flood mapping (FEMA) • Basin analysis or modeling if any conducted by the County • Upstream and downstream analysis if any conducted by the County • Coordination with County surveyors in order to provide additional surveying information to accurately define a sub -basin boundary • Available survey data if any collected by County crews • Site visit to visually inspect existing conditions and flow direction including culverts, ditches, and storm drains. The consultant will prepare a memorandum that summarizes all the data that was collected, identify data gaps, and provide recommendations to address high priority gaps that will limit the comprehensive assessment. Task 2-D (2): Hydrologic Analysis Utilizing information gathered from Task 2-D (1) including past reports and LIDAR data, Consultant will develop a WWHM model to mimic the Rogers Slough drainage basin characteristics adequate for a conceptual design level. The new model will be a nodal network schematic showing points of compliance for each sub -basin delineated in this exercise. Details on stormwater features collected throughout the basin will be used to provide surface runoff calculations, confirmation of flow direction, Contract for Services: Land Development Engineering & Surveying, Inc. Page 16 Design Assistance for Stormwater Projects in Birch Bay Watershed 116 and peak flows and frequencies. Design flows will include both the 25- and 100-year storm events and will also consider WDFW design criteria for fish passage. Since the model will be developed for the conceptual design level, truthing the model will be done through US Regression equation, and the model will not require calibration. Activities under this task will include: • Review hydrologic data and modeling efforts to date • Develop WWHM model for the Rogers Slough basin adequate for conceptual design. Identify design flows • Verfiy model using US regression equation • Evaluate culvert, stream, and floodplain dimensions, considering sediment conditions in the stream, design flows, and flooding • Prepare technical memorandum to document work • Review County comments, revise memo, and develop final document. Task 2-D (3): Evaluate Site Characteristics (Current and Historical) This task will include a comprehensive evaluation of all the factors that will impact this project and will include looking at both historical and current conditions for the following: Flooding and stormwater management Habitat usage, requirements, and opportunities Maintenance. Task 2-D.(4): Slough & Associated Uplands Habitat Assessment The consultant will review existing, readily available data pertaining to habitat conditions in Rogers Slough and associated streams and riparian areas. The assessment will also include a site visit to verify current conditions. The consultant will evaluate the information and prepare a technical memorandum summarizing the following: • Historic land use and landscape trends influencing habitat conditions • Habitat usage • Habitat opportunities • Habitat constraints • Permitting requirements (Construction & Maintenance) • Data gaps. This task does not include new ecological surveys but instead relies on existing information. A technical memorandum will provide recommendations for addressing pertinent data gaps if necessary. Task 2-D (5): Draft Technical Memorandum The objective of this task is to provide a draft technical memorandum that will summarize the work completed in Tasks 2-D (1-3). In addition, the memorandum will provide recommendations and options for next steps. The technical memorandum will aid the County and the BBWARM Advisory Committee in deciding the best solution and approach for the project as well as what comprehensive planning may be needed. The memorandum will specifically address and provide recommendations for: • Maintenance Evaluate possible enhancements on the slough Flooding attenuation using by-pass options. Task 2-D (6): Final Technical Memorandum In this task, the draft technical memorandum will be updated with the comments and recommendations of County staff. The deliverable for this task will be the final technical memorandum. Contract for Services: Land Development Engineering & Surveying, Inc. Page 17 Design Assistance for Stormwater Projects in Birch Bay Watershed 117 Task 2-E: PROJECT ADMINISTRATION Consultant will provide project administration including budget and schedule management, internal quality assurance/quality control review of deliverables prior to submission, maintenance of records, and monthly invoicing. Administration will also include coordination with various County departments, design meetings with the owner, and other appropriate constants. Task 2-E (1): Project Management • Prepare progress budget reports and update the project schedule to the various tasks • Provide peer review of submittal prior to presenting them to the County • Maintain records of all submittals and data collected for the various phases of the project • Prepare monthly invoices and progress payment reports. Task 2-E (2): Coordination with Various County Departments Coordinate with various County departments including Public Works and Planning and Development Services. Task 2-E (3): Design Meetings with the County and Other Appropriate Consultants Meetings will be conducted with various consultants and different County departments to ensure a coordinated effort during the design process. Task 2-E (4): Public meeting The consultant will conduct a public presentation to discuss the project and analyzed design alternatives and to explain why the elected option is adequate for the project. Task 2: DELIVERABLES • Draft Recommendations Technical Memorandum Projects B-E (2-3 pages) for each project • Final Recommendations Technical Memorandum Projects B-E (2-3 pages) for each project • AutoCAD or hand sketch recommendations Projects B-E (if necessary-1 per project, 4 total) • Rogers Slough: o Memorandum identifying data gaps and recommendations to address high priority gaps o Hydrologic and Hydraulic Technical Memorandum o Draft Technical Memorandum o Final Technical Memorandum • Progress reports, invoices, and meetings • Final project documents and files delivered to the County at project closure. Task 2: COMPLETION DATE The estimated completion date is contingent on the County's review and coordination of each task. • Task 2-A will be completed in four week following NTP for Task 2. • Task 2-13 will be completed four weeks following completion of Task 2A. • Task 2-C will be completed two weeks following completion of Task 2B. • Task 2-D will be completed eight weeks following NTP for Task 2. Task 2: ASSUMPTION(S) • Calibration of a new model will not be necessary as the hydrologic information is being developed for conceptual design level purposes. • The consultant will assist the County in coordination with public or private business owners related to the project. Contract for Services: Land Development Engineering & Surveying, Inc. Page 18 Design Assistance for Stormwater Projects in Birch Bay Watershed 118 TASK 3: SPECIAL PROJECT REVIEW This third task will include independent review of .proposed projects in the Birch Bay Watershed which have been determined to have the potential to impact drainage flow or water quality during and/or after construction. The review would include checking plans and reports for accuracy and compliance with County Codes and requirements, evaluating if additional protections or design considerations should be included to avoid offsite or downstream impacts, and identifying any potential impacts on future improvements or projects planned by the County. This Special Project Review.work will be on an "as needed" basis as directed by County staff. The work will be charged hourly, with a not to exceed total amount of $10,000. Consultant will provide an hourly estimate to the County for each review project prior to completing review. Contract for Services: Land Development Engineering & Surveying, Inc. Page 19 Design Assistance for Stormwater Projects in Birch Bay Watershed 119 Exhibit "B-1" Fee Estimate (COMPENSATION) Scope of Work Description Cost Estimate PHASE 1 - CHAREL TERRACE UNDERSIZED INFRASTRUCTURE AND DRAINAGE IMPROVEMENT PS&E PROJECT Task 1-A: Project Data Collection $ 3,380.00 Task 1-13: Hydrologic and Hydraulic Analysis 6,380.00 Task 1-C: Outfall Pipe Replacement Design (Optional) 8,520.00 Task 1-1): Final Design 23,740.00 Task 1-E: Construction Phase 9,620.00 Task 1-F: Project Administration 5,280.00 Subtotal Task 1 $ 56,920.00 PHASE 2 -FINAL RECOMMENDATIONS ON REMAINING PRIORITY CAPTIAL IMPROVEMENT PROJECTS FOR BIRCH BAY WATERSHED INCLUDING BASIN ANALYSIS AND ASSESSMENT ON ROGER SLOUGH AT BIRCH BAY DRIVE Task 2-A: Complete Assessment $ 4,020.00 Task 2-B: Draft Technical Memorandum 6,120.00.. Task 2-C: Final Technical Memorandum 2,660.00 Task 2-1): Roger Slough Assessment 30,085.00 Task 2-E: Project Administration 3,740.00 Subtotal Task 2 $ 46,625.00 PHASE 3 - SPECIAL PROJECT REVIEW Task 3-Special Project Review $ 10,000.00 Subtotal Task 3 10,000.00 Total Estimate for Tasks 1, 2, and 3 $ 113,545.00 Budget Narrative Contract amounts are amounts not to be exceeded in the total budget referenced above. 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 in attached project budget. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed. Mileage will be reimbursed at the current IRS rate; lodging and per diem shall not exceed the GSA rate for the location where services are provided. Other expenditures such as printing, postage, and telephone charges shall be reimbursed at actual cost plus 10%. Requests for expense reimbursement must be accompanied by copies of paid invoices. Costs of alcoholic beverages are not eligible for reimbursement, Reimbursement for air travel will be at coach rates. 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. Contract for Services: Land Development Engineering & Surveying, Inc. Page 20 Design Assistance for Stormwater Projects in Birch Bay Watershed 120 Exhibit "13-2" Consultant Fee Schedule Compensation to the consultant for engineering, planning, surveying, and design professional services for design assistance of stormwater projects in the Birch Bay Watersheds shall be for time and expenses, not to exceed $113,545 as outlined below and in Exhibits A and B, based on work performed in satisfactory fulfillment of all items listed and receipt of deliverables. Work performed by consultant prior to the signature date of this contract is not included in this contract. Work continuing after the completion date of this contract shall be pt the consultant's expense unless otherwise agreed to in writing. In no event shall total compensation paid to the consultant by the County under this contract exceed $113,545 for engineering, planning, surveying, and design professional services for design assistance of stormwater projects in the Birch Bay Watershed unless the contract is modified in this regard and such amendment is executed in writing by the parties hereto. Where professional services are provided on an hourly basis, the following rates shall apply to cover salaries, taxes, insurance, administration, general overhead, and profit: Classification Hourly Rate Principal Engineer $ 110.00 Engineer Tech 85.00 1U Professional Land Surveyor 110.00 o J Survey Tech 85.00 2-Person Survey Crew 130.00 GPS Survey Crew 80.00 Principal Engineer 110.00 p Design Engineer (EIT) 100.00 Technical Editor 90.00 w Senior Biologist 100.00 z Project Biologist 75.00 Y OPrincipal Engineer 180.00 Contract for Services: Land Development Engineering & Surveying, Inc. Page 21 Design Assistance for Stormwater Projects in Birch Bay Watershed 121 O q(:!qqg 0 qqc?o 0 0 000q000 0 0 a cc C! 0 0 0 0-1 0 o w 0 o m� 0 -. 0 0 -T 0 1: : 0 0 w 1 Lri - C� 0 0 I;t 0 cN� 0 � N 16 4� q cr 00 rt1 T 1p tp N N 1 o o 0il I 0 0 O 0 oa.0 E 0 0 0 0 0 0 lo, 0 0 u 0 w, cl �t 0 0 v 0 E 0 0 I 0I ol I 0 0 0 0 0 -11 11 NO I I I 0 0 0 c E _q -'3 o 0 0 0 0 0 0 0 0 0 0 0 0 19 b 0 w O 0 . u i5 0 0 u 0 0 < 10 U z cl a 0 Li 0 0 z C) D < i7i z Z7 0 cl 0 E E 0 9 u m < < < o o .2 , m" -5 > r r a -P u . > 2 t, . E U z 0 u "6 Ej 0 , 2 -0 Vi 2 z 0 < cl .2 .2 0 (D :� 1 0 < < .2 w 0 0 1 .2 '2 C' 0 o W 0 u > 0 0 0 0 0 z UO u in 0 u 0 U W o 0 122 0 0 �' ■° 1,1� 11� `]''1� 1,11111� 11111�1 1�` * bl RAN i ®�■1,1�1���1�� 1,11111� 1 --11111�1�11 S ®■1,1�11�11 �''j 1®11111�... 11111� 1�11�1 ®�■�1,1�i-.:al1�a 11� 1���1����h, 11111�EY 111� 1 �II�il3aPo11� 1 ei' 0-5 gs m; O O O O. O = = Q C C O O N Z p p Q v In upi In U W Y ¢ s L J¢ d U = 3 3 c Q S Q a g? u 0 o W m 2 H c c_ c ll w w OLL `o F o` = O Z>' OJ Z¢ In m x a o w c 03 ¢ w ¢_ Z p O p o z u 2 E i �- Z z o E E o _ �J E z 0 U c z o F o o o W o o a 3 ~G� D O W G o E a r Z W t _ . .n N y y N y 3 d VWNI W _= N V 2 c c L o O N L ¢ O W LL�j > 1- 4 = y�j F Q U C N Q .� �¢ t d _ ¢ U It In in f N t O. N ¢ N m N U N o N 1`1 1Y1 EXHIBIT "C" ACORD® CERTIFICATE OF LIABILITY INSURANCE OP ID MD DATE(MMIDD/YYYY) 08/04/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER UUNIALA NAME: Balcos Insurance, Inc / Br. B PHONE FAX A/C No Ext: (A/C, No): ADDRESS: 192 E Bakerview Suite 202 Bellingham WA 98226 PRODUCER CUSTOMERID#: LANDD-1 INSURER(S) AFFORDING COVERAGE NAIC# Phone:360-714-9500 Fax:360-255-2555 INSURED INSURERA: Zurich North America Land Development Engineering & Surveying Inc 51b0 Industrial P1, Suite 108 Ferndale WA 98248 INSURER B : INSURERC: INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE s2,000,000 MAUL R) MEN I PREMISES(Eaoccurrence) $2.000,000 A X COMMERCIAL GENERAL LIABILITY PAS42433145 08/04/10 08/04/11 CLAIMS -MADE Fx-] OCCUR MED EXP (Any one person) $ 10 , 0 0 0 PERSONAL & ADV INJURY s2,000,000 X WA Stop Gap GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s4,000,000 POLICY F7 PROECT LOC J $ AUTOMOBILE LIABILITY COMBINEDt,SINGLE LIMIT $1,000,000 A X ANY AUTO PAS42433145 08/04/10 08/04/11 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ NON -OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE� OFFICER/MEMBER EXCLUDED? (Mandatory in NH) /A PAS42433145 STOP GAP 08/04/10 08/04/11 WC TU- X OTH- TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A Property Section PAS42433145 08/04/1008/04/11 E&O 1,000,000 B Professional URA102394.10 _03/29/1003/29/111 BPP 49,900 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate Holder is Additonal Insured as respects to work performed on their behalf by the Named Insured at location 5160 Industrial P1, Suite 108, during the policy period shown. CERTIFICATE HOLDER CANCELLATION Whatcom County Public Works-Stormwater 2011 Young Street #201 IBellincgham WA 98225 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE WHATC- 6 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE n 1988-2009 ACORD CORPORATION- All rights reserved ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 124 WHATCOM CO UNTY CO UNCIL AGENDA BILL NO. 2010-399 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: / C� ' �t b 11-23-2010 Finance, Council Paula J. Cooper Division Head: Jon Hutchins U { �a 4?0V NOV ® 1010 Dept. Head: AW N I Q I Frank M. Abort VUCOUNTY Prosecutor: '/°y /jd Gibson UNCILDan COUNCIL �I v Purchasin /Bu e . Executive: TITLE OF DOCUMENT. Washington State Military Department Mitigation Grant Agreement ATTACHMENTS: Cover memo, Grant Agreement SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This Hazard Mitigation Grant Program agreement provides for state and federal funding for voluntary acquisition of one flood -damaged property in Marietta and removal of all residential structures. The grant provides for reimbursement of 87.5% of the project cost. 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. 125 WHATCOM COUNTY CONTRACT INFORAIATIONSHEET Whatcom County Contract No. Originating Department: Public Works River and Flood Contract Administrator: Paula J. Cooper Contractor's /Agency Name: WA State Military Department 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) Ell-141 CFDA number Is this contract grant funded Yes ® No❑ If yes, associated "atcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes ❑ No ® If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $1 S, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $107,400 approval and a supporting memo. Any amendment that provides either a 10% increase in amount or more than $10,000, whichever is FCZD Cost -Share Amount:: greater, must also go to Council and will need an agenda bill and $13,425 supporting memo. If less than these thresholds, just submit to Executive with supporting memo for approval. Scope of Services Grand funded acquisition and demolition of 1816 Bayon Road in Marietta Term of Contract: Expiration Date: October 8, 2012 Contract Routing Steps & Signoff: [sign or initial] [indicate date transmitted) 1. Prepared by: CES Date: [electronic] 2. Attorney reviewed: nre%L. ii�fr>, � _1114110 Date: 1( 09 to [electronic] 3. AS Finance reviewed. Date: �J l� [electronic] 4. IT reviewed if IT related: Date: _ _ [electronic] S. Corrections made: Date: [electronic] hard copy printed 6. Attorney signoff.• _ _ Date_ 7. Contractor signed: Date [electronic] 8. Submitted to Exec Office ✓ _ Date ////—lZ-/o [summary via electronic, hardcopies] 9. Reviewed by DCA: Date 10. Council approved (if necessary): Date 11. Executive signed: Date 12. Contractor Original returned to dept Date 13. County Original to Council: Date 126 WHATCOM COUNTY GOM co RIVER AND FLOOD PUBLIC WORKS DEPARTMENT sP oti 322 N. Commercial Street, Suite 120 3 < Bellingham, WA 98225-4042 FRANK M. ABART Phone: (360) 676-6876, (360) 398-1310 DIRECTOR fy �, www.whatcomcounty.us 9`SHING�� RECEIVED NOV 12 2010 MEMORANDUM FETE EXEMEN CUTIVE COUNTY EIVE TO: The Honorable Pete Kremen, Whatcom County Executive and The Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Directory tr 041)a to FROM: Paula J. Cooper, River and Flood Manager �U�✓ Jon Hutchings, Assistant Director k1A. to \ RE: Grant Agreement for Acquisition of 1816 Bayon Road in Marietta DATE: November 5, 2010 Enclosed is a Hazard Mitigation Grant Program (HMGP) Agreement with the Washington State Military Department (State) for acquisition of a flood -damaged property in Marietta. ■ Requested Action Public Works respectfully requests that the County Executive, following approval by the County Council, execute the final grant agreement with the State. The HMGP grant will provide state and federal funding for 87.5% of the total project cost associated with acquisition and demolition of 1816 Bayon Road which was damaged during the January 2009 flood event. The total project cost covered by the grant agreement is $107,400. To expedite our ability to provide relief to the property owners, we are requesting that approval of this agenda item include approval of the property acquisitions and construction contracts for project implementation in accordance with the grant budget, as long as each individual transaction is within 25% of the amount budgeted and the total expenditures do not exceed the total project amount of $107,400. ■ Background and Purpose The Lower Nooksack River Comprehensive Flood Hazard Management Plan, adopted in 1999 by the FCZD Board of Supervisors, recommends acquisition of flood -prone properties in Marietta as they become available. The January 2009 flood event caused significant flooding in Marietta, and several residences were flooded at depths of approximately three feet. Whatcom County has already completed acquisition and demolition of two properties through the HMGP grant for substantially -damaged structures. The proposed grant covers one property that fell just below the threshold for substantially -damaged (damages exceed 50% of structure value). The scope of the proposed project includes acquisition of 1816 Bayon Road and removal of all structures. In accordance with FEMA requirements, deed restrictions will be placed on the property to ensure it remains in open space for perpetuity. IAFL00D\114 - Flood Hazard Reduction Program\13uyout\Marietta\HMGP Buyouts\Jan 09 flood (709023)\HMGP BCA application (710004)\Grant Agreement\CoverMemo_Council.docx 127 Page 2 of 2 ■ Funding Amount and Source The grant is being awarded to Whatcom County, however the Whatcom County Flood Control Zone District (FCZD) will be funding the local match and will also hold title to the property. An Interlocal Agreement was adopted by the County Council at the December 8th, 2009 meeting and defines the relationship between the County and the FCZD as it pertains to this grant. The total project cost is estimated at $107,400, and the grant will provide Federal and State funding to cover 87.5% of the costs. The 12.5% local match for the grant will be funded by the FCZD, and is estimated to be $13,425. The FCZD has adequate budget authority for this expenditure. Please contact Paula Cooper at extension 50625, if you have any questions or concerns regarding the terms of this agreement. Encl. I:\FLOOD\l 14 - Flood Hazard Reduction Program\Buyout\Marietta\HMGP Buyouts\Jan 09 flood (709023)\HMGP BCA application (710004)\Grant Agreement\CoverMemo_Council.docx 128 WHATCOM COUNTY: Recommended for Approval: F M. Abart, Pubfij Works Director Date ('Mac' - I Paula J. Cooper, hMGP Authorized Agent Date Approved as to form only: Daniel Gibson, Prosecuting Attorney Date Approved: Accepted for Whatcom County By: Pete Kremen, Whatcom County Executive Date STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM On this day of , 2010, before me personally appeared Pete Kremen, W to me known to be the Executive of hatcom 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 129 COUNTY ORIGINAL Washington State Military Department MITIGATION PROJECT GRANT AGREEMENT FACE HATCOM COUNTY CONTRACT NO. aolo /Toro SHEET 1. Applicant Name and Address: 2. Total Project Amount: 3. Grant Number: Whatcom County $107,400 F,S,L 322 N Commercial Street, Suite 120 up to $80,550 F, $13,425 S, $13,425 L E11-141 Bellingham, WA 98225 4. Applicant Agent, phone number: 5. Grant Start Date: 6. Grant End Date: Paula Cooper, (360) 676-6876 October 8, 2010 October 8, 2012 pcooper(a)-co.whatcom.wa.us 7. MD Program Manager/phone number: 8. Data Universal Numbering System 9. UBI # (state revenue): Mark W. Stewart, (253) 512-7072 (DUNS): 618953285 371-010-246 m.stewart(demd.wa.aov 10. Funding Authority: Washington State Military Department (the "Department"), and Federal Emergency Management Agency (FEMA) 11. Funding Source Agreement #: 12. Program Index # 13. Catalog of Federal Domestic Asst. (CFDA) 14. TIN or SSN: FEMA-1817-DR-WA-22-R 794F2 / 7921-2 NZ # & Title: 97.039 (HMGP) T91-6001383 15. Service Districts: Area by County(ies): 17. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 42th T167tice hatcom County Certified?: X N/A ❑ NO (BY CONGRESSIONAL DISTRICT): 2nd ❑ YES, OMWBE # 18. Contract Classification: 19. Contract Type_ (check all that apply): ❑ Personal Services ❑ Client Services X Public/Local Govt ❑ Contract X Grant X Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 20. Contractor Selection Process: 21. Contractor Type (check all that apply) X "To all who apply & qualify" El Competitive Bidding ❑ Private Organization/Individual ❑ For -Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction , X Non -Profit C7 Filed w/OFM? ❑ Advertised? ❑ YES ONO ❑ VENDOR ❑ SUBRECIPIENT X OTHER 22. BRIEF DESCRIPTION: Project Title: Whatcom County Marietta Acquisition #2. To provide funds to the Applicant for the herein proposed project as noted in Attachment #1-Description of the Project; Attachment #2-Project Development Schedule; Attachment #3-Project Budget; Attachment 4-Certification and Assurances; and the FEMA approved project application, which are incorporated herein by this reference. IN WITNESS WHEREOF, the Department and Applicant acknowledge and accept the terms of this Grant Agreement, exhibits, references and attachments hereto and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet, Special Terms and Conditions, General Terms and Conditions, Federal and State Requirements and Assurances, and any other exhibits, attachments or references govern the rights and obligations of both parties to this Grant Agreement. In the.event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 2. Statement of Work and/or Project Description as outlined in FEMA approved Project Application 3. Special Terms and Conditions 4. General Terms and Conditions, and, 5. Other provisions of the contract incorporated by reference. This Grant Agreement, including all attachments, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE APPLICANT: �+ Signature Date Slgnaq P e � }tta c heate James M. Mullen, Director Paula Cooper, River and Flood Manager Emergency Management Division Whatcom County Washington State Military Department APPROVED AS TO FORM: AP OVED AS TO FORM: Brian Buchholz (signature on file) 9/9/2010 ee Atta eh ed Assistant Attorney General Applicant's Legal Review Date Form 10/27/00 kdb Mitigation Project Grant Agreement Page 1 of 26 Whatcom County El 1-141 130 Washington State Military, Department SPECIAL TERMS AND CONDITIONS ARTICLE I — COMPENSATION SCHEDULE: PROJECT FUNDING The DEPARTMENT will administer the Hazard Mitigation Grant Program and will pass through the federal match and commit the required state match. The APPLICANT will commit the required local match. a. The total cost of the project for the purposes of this Grant Agreement is $107,400 dollars; PROVIDED that, if the total cost of the project when completed, or when this Grant Agreement is terminated, is actually less than above, the actual cost shall be substituted herein. b. The value of the contributions by the APPLICANT to the project shall be $13,425 dollars, or 12.5 percent, at minimum, of the total project cost. The APPLICANT'S contributions may be cash or in -kind, must be from a non-federal source, must be reasonable, allowable, allocable, and. must comply with all Federal requirements and regulations. c. When the. DEPARTMENT enters into an agreement with the Federal Emergency Management Agency (FEMA) to contribute federal funds to this project, that federal contribution will be $80,550 dollars, or 75 percent of the total project cost, whichever is less. d. The value of the contributions by the DEPARTMENT shall be $13,425 dollars, or 12.5 percent, at minimum, of the total project cost (A.3, Project Payments). e. The DEPARTMENT shall not be obligated to pay any amount beyond that set out in Subsections c and d above, unless that additional amount has been approved in advance by both the DEPARTMENT and APPLICANT and is incorporated by written amendment into this Grant Agreement. f. Transfer of funds between construction and non -constructions budget categories is allowed only upon prior written approval and authorization of the DEPARTMENT. Approved budget categories are as specified or defined in the Project Budget, Attachment #2. 2. GRANT -AGREEMENT PERIOD Activities payable under this Grant Agreement and to be performed by the APPLICANT under this Grant Agreement shall be those following the obligation of federal funds on October 8, 2010 and shall terminate October 8, 2012. This period shall be referred to herein as the Grant Agreement Period and/or Period of Performance, unless expressly stated otherwise. Costs incurred during the Grant Agreement Period shall be costs incurred after effective date of the Grant Agreement Period. a. The APPLICANT shall complete the project as described in the FEMA approved project application Whatcom County Marietta Acquisition #2, incorporated herein by reference, and described in Attachments #1, #2 and #3. In the event of extenuating circumstances, the APPLICANT may request, in writing, that the DEPARTMENT extend the deadline for Grant Agreement completion. The DEPARTMENT may, in its sole discretion, extend the deadline. Refer to Exhibit A, General Terms and Conditions Section AA for Amendments and Modifications. b. No expenditure made, or obligation incurred, following the Grant Agreement Period shall be eligible, in whole or in part, for grant funds. In addition to any remedy the DEPARTMENT may have under this Grant Agreement, the amounts set out in Article I, section 1. Project Funding, above, may be reduced to exclude any such expenditure from participation. c.. Failure to complete the project in a timely manner, as outlined in Attachment #2, is a material breach of this Grant Agreement. Refer to Exhibit A, General Terms and Conditions Section A.5 for termination and other remedies. 3. PROJECT PAYMENT(s) The DEPARTMENT, using disaster funds from PL 93-288, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, and the State of Washington, for the Hazard Mitigation Grant Program, shall issue payments to the APPLICANT as follows: a. Payment for eligible, reimbursable work completed and billed on an A-19; Voucher Distribution, with acceptable documentation, to include, but not limited to, copies of receipts for all goods and services purchased, copies of invoices from contractors and subcontractors for work completed, and copies of timesheets or other documentation for staff or donated personnel time spent on the project. Mitigation Project Grant Agreement Page 2 of 26 Whatcom County E11-141 131 b. The DEPARTMENT reserves the right to withhold disbursement of up to 10 percent of the total project funding, as specified in Article I, section 1., Project Funding,. to the APPLICANT until the project has- been completed and given final approval by the DEPARTMENT. c. Final Payment: Final payment of any remaining, or withheld, funds will be made within 60 days after submission by the APPLICANT of the final report, an A-19, Voucher Distribution, and completion of all final inspections by the DEPARTMENT. Final payment by the DEPARTIVIEI14T also may be conditioned upon a financial review, if determined necessary by the DEPARTMENT. Adjustments to the final payment may be made following any audits conducted by the DEPARTMENT, Washington State Auditor's Office, the United States Inspector General, or their authorized representatives. ARTICLE 11— DOCUMENTATION The APPLICANT is required to retain all documentation which adequately identifies the source and application of all mitigation grant funds for six years following the closure of this grant. For all funds received, source documentation includes adequate accounting of actual costs and recoveries incurred. ARTICLE III — REPORTS: In addition to the reports as may be required elsewhere in this Grant Agreement, the APPLICANT shall promptly prepare and submit the following reports to the DEPARTMENT's Key Personnel: • Quarterly progress reports, no later than the 15th day following the end of the fiscal quarter, indicating the status of the project. The status shall identify the costs incurred to date, the percentage of work completed, the anticipated completion date of the .project., and whether cost under runs or over runs are expected. In addition, the APPLICANT should note any challenges or issues associated with the project. Failure to submit a complete quarterly report within 15 days following the end of the quarter will result in suspension of all payments to the APPLICANT until_ a complete quarterly report is received by the DEPARTMENT. • A final report when the project is completed, prematurely -terminated, or project assistance is terminated. The report shall include a final accounting of all expenditures and a description of work accomplished. If the project is. not completed, the report shall contain an estimate of the percentage of completion, and shall indicate the degree of usefulness of the completed project. The report shall account for all expenditures not previously reported and shall include a summary for the entire project. ARTICLE IV — TIME EXTENSIONS A time .extension request for Grant Agreement completion must be submitted by the APPLICANT to the DEPARTMENT no later than 60 days before the end of the Period of Performance. A time extension request must be in writing and identify the project, the reason the project has not been completed within the approved Period of Performance, a current status of the completion of the work, a detailed timeline for completion of the remaining elements, and an anticipated completion date for the completion of the remaining work. Fallure'to timely submit a complete time extension request may result in denial of the time extension and loss of funding for the project. ARTICLE V — SUBRECIPIENT MONITORING: 1. The DEPARTMENT may engage in the following to monitor the use of Project Funding. and project activities by the APPLICANT under this Grant Agreement during the Period of Performance and for the life of any equipment purchased under this Grant Agreement for compliance with federal and state audit requirements, federal grant guidance, and applicable federal and state financial .regulations, as well as OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations: a. Review quarterly project performance reports; b. Review of all documentation related to APPLICANT completion of Grant Agreement deliverables and compliance with the Grant Agreement; c. Review of reimbursement requests to ensure allowability and consistency with Grant Agreement budget; d. On -site visits with the APPLICANT and of the project to review work in progress, equipment records and inventories, verify source documentation for reimbursement requests and performance reports, Mitigation Project Grant Agreement Page 3 of 26 Whatcom County E11-141 132 verify other supporting documentation, and verify completion of the project funded under this Grant Agreement. 2. As a subrecipient of federal funds, the APPLICANT is required to meet or exceed the monitoring activities, as outlined above, for all contractors, consultants, and subrecipients who receive pass -through funding from this Grant Agreement. ARTICLE VI — CLOSE-OUT To initiate close-out, the APPLICANT is required to certify in writing the date completed and total amount expended on the project on FINAL PROJECT REPORT form to the DEPARTMENT. After receipt of the FINAL PROJECT REPORT form, the DEPARTMENT will conduct a site inspection and review supporting. documentation for compliance with the requirements of the Grant Agreement. Prior to project close-out, the APPLICANT shall provide the DEPARTMENT with acceptable documentation supporting compliance with the Grant Agreement. General documentation supporting compliance with the Grant Agreement typically includes, but is not limited to, the following: • Photographs of the structures or properties involved in the project prior to project implementation and after project implementation. • Digital geospacial coordinates (latitude and longitude), for. each structure with an accuracy of ± 20 meters (64) feet. • Certificate of occupancy or equivalent documentation from the appropriate regulatory authority for each structure to certify it is code -compliant. • Certification that the APPLICANT has met the environmental and historic preservation conditions of the grant award as described.in this Grant Agreement. • Copies of all compliance and consultation documentation required by the grant award as described in the Grant Agreement (e.g., coastal zone management consistency determination from Department of Ecology). • Copies of all documentation related to inspection for and removal and disposal of asbestos and other hazardous materials from each property. Specific additional documentation requirements for projects to acquire properties for open space include, but are not limited to, the following: • Signed Statement of Voluntary Participation from owner of each acquired property. • Documentation of dates of acquisition and structure demolition or removal -from property for each property. • Copy of recorded open space deed restrictions for each acquired property. • Copy of AW-501 form filed with National Flood Insurance Program for each acquired repetitive loss property. • - Documentation of consultation with Army Corps of Engineers and State Department of Transportation regarding future use of each property. Specific additional documentation requirements for projects to elevate structures above the base flood elevation include, but are not limited to, the following: • Copies of the pre -project elevation certificate for each.structure, or documentation of methodology used to calculate the first -floor elevations. • Copies of the post -project elevation certificate for each structure. • Copies of certificate of occupancy for each elevated structure to certify that it is code compliant. • Certification by an engineer, floodplain manager or other senior official of -the APPLICANT that each completed structural elevation is in compliance with local ordinances and National Flood Insurance Program regulations and technical bulletins. • Copy of AW-501 form filed with National Flood Insurance Program for each elevated repetitive loss property. • Copies of proof of flood insurance for each elevated structure. • Copies of the recorded deed restriction related to maintenance of flood insurance for each property within the Special Flood Hazard Area. Mitigation Project Grant Agreement Page 4 of 26 Whatcom County EY1-141 133 The DEPARTMENT will consult with the APPLICANT regarding other documentation requirements of the Grant Agreement throughout the Period of Performance. ARTICLE VII - KEY PERSONNEL: 1. The individuals listed below shall be considered key personnel and point of contact. Any substitution by either party must be submitted in writing. APPLICANT: Name: Paula Cooper Title: River and Flood Manager E-mail address: pcooper(abco.whatcom.wa.us Phone Number: (360) 676-6876 DEPARTMENT: Staff name: Mark W. Stewart State Hazard Mitigation Programs Manager m. stewa rtna.emd.wa.gov (253) 512-7072 ARTICLE Vill — ADMINISTRATIVE AND /OR FINANCIAL' MANAGEMENT AND ACCOUNTING: 1. The APPLICANT shall comply with all applicable state and federal laws, regulations, and program guidance. A non-exclusive list of laws and regulations commonly applicable to FEMA grants are listed here for reference only, and include but are not limited to, the following: • Title 44 Code of Federal Regulations (CFR) Subpart N (206.430- .440), Hazard Mitigation Grant Program • Title 44 CFR Parts 7, 9, 10, 13, 17, and 18. • Title 44 CFR Part 80, Property Acquisition and Relocation for Open Space. Hazard Mitigation Assistance Unified Guidance, FEMA; June 1, 2009. 2. The APPLICANT shall comply with OMB Circulars as applicable to their organization, including but not limited to the following: Cost Principles 0 2 CFR Part 220 — OMB Circular A-21,•as revised, Cost Principles for Educational Institutions 0 2 CFR Part 225 — OMB Circular A-87, as revised, Cost Principles for State, Local and Indian Tribal Governments. 0 2 CFR Part 230 — ONIB Circular A-122, as revised, Cost Principles for Non -Profit Organizations Administrative Requirements o OMB Circular A-102, as revised, Grants and -Cooperative Agreements with State and Local Governments 0 2 CFR Part 215 — OMB Circular A-110, as revised, Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations Audit Requirements 0 OMB Circular A-133, as revised, Audits of States, Local Governments, and Non -Profit Organizations Mitigation Project Grant Agreement Page 5 of 26 Whatcom County E11-141 134 AR71-ICLE IX — ADD1TIONAL SPECIAL CONDITIONS: 1. PROGRAMMATIC, ENVIRONMENTAL AND HISTORIC PRESERVATION CONDITIONS In completing this project, the APPLICANT must adhere to the following programmatic, environmental and historic preservation conditions: a. Whatcom County is required to have a FEMA approved Hazard Mitigation Plan no later than October 8, 2011. If a Hazard Mitigation Plan is not approved by that date, the project"will be terminated by FEMA and the DEPARTMENT, and any costs incurred after the notice of grant termination will not be reimbursed. b. Scope of Work Change: Requests for changes to the Scope of Work after grant award are permissible as long as they do not change the nature or total project cost of the activity, properties identified in the application, the feasibility and effectiveness of the project, or reduce the Benefit Cost Ratio below 1.0. Requests must be supported by adequate justification, including a description of the proposed change; a written explanation of the reason or reasons for the change; an outline of remaining funds available to support the change; and a full description of the work necessary to complete the activity. A proposed .change to the approved Scope of Work (as presented in the FEMA approved project application) must be submitted to the DEPARTMENT and FEMA in advance of implementation for re- evaluation for compliance with National Environmental 'Policy Act (NEPA) and other Laws and Executive Orders. Prior approval for a change to the approved Scope of Work must be obtained from the DEPARTMENT and FEMA before the change is implemented. Failure to obtain prior approval for a revised Scope of Work could result in ineligibility of resulting costs. c. Cost overruns in excess of the approval budget are fully the responsibility of the APPLICANT, including those costs resulting from a change in the Scope of Work. The project must remain cost effective (i.e., Benefit Cost Ratio of 1.0 or greater) in the event of cost overrun. For Hazard Mitigation Grant Program (HMGP) only: A request for additional funds to cover a cost overrun may be granted by the DEPARTMENT and FEMA only if funds are available within the HMGP ceiling for this disaster, FEMA-DR-1817-WA. A request for additional funds must be fully documented and justified. d. Comply with all applicable federal, state and local laws and regulations. Failure to obtain all appropriate federal, state and local environmental 'permits and clearances may jeopardize federal funding provided by this Grant Agreement. e. Monitor site work during ground -disturbing activities for evidence of potential archaeological resources that are uncovered. APPLICANT must halt the project in the event historically or archaeologically significant materials or sites (or evidence thereof) are discovered. By way of example, such evidence may include, but is not limited to, artifacts such as arrowheads, bone fragments, pottery shards, and features such as fire pits or structural elements. All reasonable measures must be taken to avoid or minimize harm to such resources until such time as the APPLICANT notifies the DEPARTMENT, and FEMA, in consultation with the State Historic Preservation Officer (SHPO) and appropriate Native American tribes, determines appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act. In addition, upon discovery of human skeletal remains, the APPLICANT is required by state law to notify the .county coroner and local law enforcement in the most expeditious manner possible and to immediately stop any activity which may cause further ground disturbance. f. Determine the presence of hazardous materials and/or. toxic waste, and identifying, handling, managing, abating and disposing of such materials in accordance with, the requirements and to the satisfaction of the governing local, state and federal agencies, including but not limited to the Washington Department of Ecology. Such materials may include, but are not limited to, asbestos, lead - based paint, propane cylinders, sand blasting residue, discarded paints and solvents, cleaning chemicals, containers of pesticides, lead -acid batteries, items containing chlorofluorocarbons (CFCs), motor oil and used oil filters, and unlabeled tanks or containers. g. Ensure that all completed work is in compliance with applicable state and local buildings codes and flood damage prevention legislation. h. Conduct work during the non -flood season as determined by the local floodplain administrator. However, should construction be required_ during the floodseason, as determined by the local Mitigation Project Grant Agreement Page 6 of 26 Whatcom County E11-1411 135 floodplain administrator, all construction equipment shall be staged in an area not susceptible to flood events or be readily transportable out of the floodplain,to minimize flood damage. i. Dispose of all debris at an approved and permitted location. No debris shall be temporarily staged or disposed of in a floodplain and/or a wetland. j. Confirm with the State Department of Ecology whether this project will require a consistency determination under the Coastal Zone Management Act. If required, the APPLICANT shall obtain and comply with all requirements of the determination prior to starting the project. k. Select, implement, monitor, and maintain Best Management Practices (BNIPs) to control soil erosion and sedimentation, reduce spills and pollution, and provide habitat protection. The acquisition site shall be stabilized from erosion and silt laden runoff by implementing these BMPs and securing the site from transient vehicle access. Any excavation and/or grading shall be done within and/or adjacent to the existing building footprint area and not beyond undisturbed portions of the site. I. Resubmit the project to the DEPARTMENT and FEMA prior to implementation if any in -water work will occur or if any work will occur below the ordinary high water mark of any water resource in the area, so further coordination/consultation can take place with the National Marine Fisheries Service (NMFS) to determine whether appropriate measures have been taken to ensure the project is in compliance with the Endangered Species Act. m. Resubmit the project to the DEPARTMENT and FEMA for re-evaluation for. compliance with national environmental_ policies if the "Project Limits" (including clearing, excavation, temporary staging, construction, and access areas) extend into: 1) an area not previously identified for environmental and historic preservation review, or 2) previously undisturbed ground. Additionally, all work on the project in these areas must stop until this re-evaluation is completed. n. Have a professional archaeologist present during ground -disturbing activities (i.e., structure demolition, foundation and driveway removal, septic system decommissioning) to monitor compliance with demolition techniques and, for discovery of potentially significant intact cultural material or features. If potentially significant archeological. resources are discovered, the contractor is required to immediately stop work in that area and notify the Department, State Archeologist at the State Department of Archaeology and Historic Preservation, and FEMA. Demolition work must be conducted as follows: a. Loading and unloading of heavy equipment is to be done from paved or heavily graveled roads/driveways. b. Demolition work is to be done from paved or heavily -graveled driveways with minimum ground disturbance. c. Steel plates will be placed on any surface that is not a road or driveway during demolition work, to distribute the weight of demolition equipment on the ground surface. d. Work will be restricted to the summer months so that the soils can drain thereby further reducing ground disturbance. e. Excavation for removal of foundation/paved areas/septic systems must be limited to ground already disturbed from original construction/installation, thereby minimizing disturbance of ground unaltered by original construction. f. Filling in the septic systems is preferable, if feasible, to removal thereby minimizing ground disturbance. o. Submit a brief archeological monitoring report to the Department and FEMA regarding the demolition work whether cultural material is observed or not. The report should address the specific property involved in this project and sent within 30 days of the completion of the demolition. a 2. CONSTRUCTION DOCUMENTS, CONTRACTS, CHANGE ORDERS a. Construction Document Approval: The APPLICANT agrees to submit one copy of all construction plans and specifications to the DEPARTMENT for review and approval prior to .solicitation of bids for construction. Review by the DEPARTMENT will be for compliance with the terms of this Grant Agreement. b. Construction Contracts: Construction contracts shall be awarded .through a process of competitive bidding, if required by federal, state and local law. Copies of all bids and contracts awarded shall be submitted to the DEPARTMENT upon request. Where all bids are substantially in excess of project Mitigation Project Grant Agreement Page 7 of 26 Whatcom County E11-141 136 estimates, the DEPARTMENT may, by notice in writing, suspend the project for determination of appropriate action, which may include termination of the Grant Agreement. c. Construction Change Order: All change orders must be in writing and shall be submitted to the DEPARTMENT. The APPLICANT shall pay any increase in the cost of the project as the result of a change order, unless the DEPARTMENT has agreed to the change, with a written amendment to this Grant Agreement. 3. PROVISIONS APPLYING ONLY TO ACQUISITION OF PROPERTIES FOR OPEN SPACE a. The APPLICANT must ensure that prospective participants are informed in writing that property owner participation in this acquisition program is voluntary and that the APPLICANT will not use its eminent domain authority to acquire the property for the project purposes should negotiations fail. Copies of the Statement of Voluntary Participation / Notice of Voluntary Interest signed by each participating property owner will be provided to the DEPARTMENT by project close-out. b. The APPLICANT agrees that land acquired for open space purposes under this grant will be .restricted in perpetuity to open space uses and will be unavailable for the construction of flood damage reduction levees, transportation facilities, and other incompatible purposes. c. The APPLICANT agrees to prepare, execute and record Deed Restrictions for each affected property utilizing the current Model Deed Restriction provided on the FEMA website at: http://www.fema:ciov/government/grant/resources/hma deed restriction.shtm, or available from the DEPARTMENT. Copies -of the recorded deed and attached deed restrictions for each property will be provided to the DEPARTMENT by project close-out. d. The APPLICANT accepts all of the requirements of the deed restriction governing the use of the land. e. The APPLICANT ensures that, prior to acquisition of the property, in consultation with the U.S. Army Corps of Engineers, it has addressed and considered the potential future use of these lands for the construction of flood damage reduction levees, has rejected consideration of such measures in the future in the .project area, and instead has chosen to proceed with _acquisition of permanent open space. Documentation of this consultation and. the APPLICANT's, consideration of this issue will be provided to the DEPARTMENT by project close-out. f. The APPLICANT must, prior to acquisition of the property, consult with the Washington State Department of Transportation to ensure that no future planned improvements or enhancements are under consideration that will affect the proposed project area. Documentation of this consultation will be provided to the DEPARTMENT by project close-out. g. The APPLICANT will remove existing buildings from acquired properties within 90 days of settlement or 90 days after the end of the flood season as determined by the local floodplain administrator, whichever is later. The APPLICANT will provide confirmation to the DEPARTMENT as to the date of demolition of each structure included in the project in its quarterly reports, as well as confirmation that the property has been returned to "natural" or park/open space condition. The APPLICANT will provide digital latitude and longitude coordinates and digital photographs of each property site after project implementation to the DEPARTMENT by project close-out. h. The APPLICANT agrees to complete FEMA form AW-501 for each property identified on FEMA's Repetitive Loss list to document completion of mitigation on the property. The form is available on FEMA's Web site at: hftr)://www.fema.gov/qovernment/grant/resources/aw5Olins.shtm, or available from the DEPARTMENT. The APPLICANT will provide a copy of -the completed form to the DEPARTMENT by project close-out. i. The APPLICANT agrees to comply with the requirements of 44 CFR § 80.19 Land Use and Oversight, which are incorporated into these conditions by reference. These requirements include,.but are not limited to the following (which are described further in Part IX, Additional Project Guidance, A. Property Acquisition, pages 74-97, of the Hazard Mitigation Assistance Unified Guidance, FEMA, June.1, 2010): 1. Restriction on future disaster assistance for damages to the property. 2. _Lists of allowable open space uses as well as uses generally not allowed on acquired open space . land. 3. Provision for salvage of pre-existing structures and paved areas. Mitigation Project Grant Agreement Page 8 of 26 Whatcom County E11-141 137 4. Requirements pertaining to future transfer of property interest. 5. Requirement for APPLICANT monitoring and inspection of the acquired property at least every 3 years. The APPLICANT will provide the DEPARTMENT with a report on the result of the inspection within 90 days of the inspection. 6. Provisions for enforcement of violation of open space requirements. 4. PROCUREMENT APPLICANTS shall comply with 44 CFR 13.36, Procurement, when procuring services, supplies, and property funded by this Grant Agreement. 5. ACQUISITION AND MANAGEMENT OF EQUIPMENT The APPLICANT agrees .that all equipment purchased under this Grant Agreement will be recorded and maintained. in the APPLICANT'S equipment inventory system, in compliance with 44 CFR 13.32, .Equipment. a. Upon successful completion of the terms of this Grant Agreement, all equipment purchased through this Grant Agreement will be owned by the APPLICANT. b. The APPLICANT shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability. c. The APPLICANT shall maintain equipment records that include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalog of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information wad reported; and disposition data including the date of disposal and sale price of the property. d. Records for equipment shall be retained by the APPLICANT for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the APPLICANT until all litigation, claims, or audit findings involving the records have- been resolved. e. The APPLICANT shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the APPLICANT to determine the cause of the difference. The APPLICANT shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. f. The APPLICANT shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. g. The APPLICANT will develop adequate maintenance procedures to keep the property in good condition. h. If the APPLICANT is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. I. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: i. Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the APPLICANT with no further obligation to the awarding agency. ii. Items of equipment with a current per -unit fair market value of more than $5,000 may be retained or sold and. the APPLICANT shall compensate the Federal -sponsoring agency for its share. j. As a subrecipient of federal funds, the APPLICANT must pass on equipment management requirements that meet or exceed the requirements outlined above for all contractors, consultants, and subrecipients who receive pass -through funding from this grant agreement. Mitigation Project Grant Agreement Page 9 of 26 Whatcom County E11-141 138 ATTACHMENT #1 STATEMENT OF WORK AND/OR DESCRIPTION OF PROJECT APPLICANT: Whatcom County PROJECT TITLE: Whatcom County Marietta Acquisitions #2 The purpose of this project is for Whatcom County to acquire and demolish one residential structure on the left, bank of the Marietta Slough in the community of Marietta and convert the property to open space in perpetuity. The property address approved for acquisition under this project is: 1816 Bayon Road, Bellingham, WA 98226 A specific and more detailed scope of work is found in the FEMA approved project application, which is incorporated herein by reference. Whatcom County Agrees To the Following: 1. Accomplish tasks outlined above, in the Project Development Schedule -Attachment #2, and according to the Project Budget -Attachment #3. 2. Submit and obtain prior approval from the DEPARTMENT and FEMA before implementing changes to the approved project Scope of Work as described in the FEMA-approved project application and in this Grant Agreement.. A. change in the Scope of Work must be approved by the DEPARTMENT and FEMA in advance regardless of the budget implications. Failure to receive advance approval by the DEPARTMENT and FEMA will jeopardize continued funding of the project. 3. Submit quarterly reports that cover the previous -three months no later than the 15t' of the following month (or the next work day) in January, April, July and October until all requirements are fulfilled. Quarterly reports are required regardless of the level of work completed during the reporting period. Quarterly reports must include sufficient narrative to determine the degree to. which the project has been implemented, the estimated time for completion, and significant developments such as delays or adverse conditions that might raise costs or delay completion, as well as favorable conditions allowing lower costs or earlier completion. 4. Submit signed, approved invoice vouchers (state form A-19) for eligible, reimbursable work completed, no more frequently than monthly and no less frequently than quarterly. Each billing must identify the task completed and any other funding identification pertinent to that task, including match. Supporting documentation of all costs, to include tracking of staff time spent on the project through timesheets or other documentation; dated invoices from contractors and subcontractors for work completed; dated invoices for goods and services purchased; and in -kind contributions of personnel, equipment and supplies is required. Project costs must be tracked and reported by approved budget cost categories as found in Project Budget, Attachment #3. Documentation of expenditures by approved budget cost categories should be made on a separate spreadsheet or table and included with each A-19, along with invoices attached for all goods and services purchased. 5. Submit a signed final project report before final reimbursement is made by the DEPARTMENT. The Military Department Agrees To: 1. Provide.staff coordination and input regarding grant administration for funding and technical assistance for project and reviews for mitigation construction projects, as necessary. 2. Reimburse Whatcom County within 30 days of receipt and approval of signed, dated invoice voucher(s). (state form A-19) with adequate documentation of costs to include completion of tasks to date and dated invoices for goods and services purchased. Costs must be categorized according to the budget item and cost classification shown in the Project Budget, Attachment #3. 3. Coordinate with the staff of Whatcom. County to schedule any site or final inspections by DEPARTMENT staff. Mitigation Project Grant Agreement Page 10 of 26 Whatcom County €l1-141 139 ATTACHMENT #2 PROJECT DEVELOPMENT SCHEDULE APPLICANT: Whatcom County PROJECT TITLE: Whatcom County Marietta Acquisitions #2 DESCRIPTION OF ACTIVITY/TASK SCHEDULED COMPLETION DATE Obtain Appraisals November 2010 Negotiate Purchase and Sale Agreements November 2010 Obtain Hazardous Materials Assessments January 2011 Closing Process January 2011 Ad for Demolition Bid March 2011 Award Demolition Contract April 2011 Complete Demolition and Site Restoration July 2011 Site Planting September 2011 Total Time Required to Complete This Project: 10 months Quarterly Reports Due on Project Progress, Final Project Report and all documentation; site visits and inspections. January-15, 2011; April 15, 2011; July 15, 2011; October 15, 2011; January 15, 2012; April 15, 2012; July 15, 2012 Mitigation Project Grant Agreement Page 11 of 26 Whatcom County E11-141 140 ATTACHMENT #3 PROJECT BUDGET APPLICANT: Whatcom County PROJECT TITLE: Whatcom County Marietta Acquisitions #2 APPROVED BUDGET CATEGORY ESTIMATED COST Property Purchase Price $63,500 .Acquisition Costs $4,400 Arch Review (pre -award cost) $2,000 Demolition, Site Restoration Costs $20,000 Arch Monitoring $3,500 Project Management (pre -award costs) $7,000 Project Management (post award) $2,000 Project Implementation Costs $5.,000 TOTAL $107,400 Tracking and Reporting Project Costs: Project expenses for which reimbursement is sought must be tracked and reported by approved budget cost categories, above. Documentation of expenditures by approved budget cost categories should be made on a separate spreadsheet or table and included with -each A-19, along with copies of receipts for all goods and services purchased, copies of invoices from contractors and subcontractors for work completed on the project, copies of timesheets or other documentation for staff or donated (in -kind) personnel time spent on the project, and a spreadsheet or other documentation of other in -kind contributions (equipment, supplies, etc.). Final Payment: Final .payment of any remaining, or withheld, funds will be made upon submission by the APPLICANT within 60 days of completion of the project of the final report and an A-19, Voucher Distribution, and completion of all final inspections by the DEPARTMENT. Final payment also may be conditioned upon a financial review, if determined necessary by the DEPARTMENT. Adjustments to the final payment may be made following any audits conducted by the DEPARTMENT, Washington State Auditor's Office, the United States Inspector General, or their authorized representatives. For Hazard Mitigation Grant Program only: A request for additional funds to cover a cost overrun may be granted by the DEPARTMENT and FEMA only if funds are available within the HMGP ceiling for this disaster, FEMA-DR-1817-WA. A request for additional funds must be fully documented and justified. Mitigation Project Grant Agreement Page 12 of 26 Whatcom County E111-141 141 ATTACHMENT #4 CERTIFICATION AND ASSURANCES FEMA'Form 20.1613: Assurances )Construction Pro rams MOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant,.I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the nonfederal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to -the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the. awarding agency. Will, record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property .. acquired. in. whole. _or_in-_partwith_Federial-ass] stance_fund.s..to.assure. - nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans'and.specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or state. 6. Will initiate and complete the work within the applicable time frame after receipt of - approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 USC Sections 4728- 4763) relating to prescribed standards for merit systems for programs funded under one Mitigation Project Grant Agreement Page 13 of 26 Whatcom County E11-141 142 of the nineteen statues or regulations specified. in Appendix A of OPM's Standards for a Merit -System of Personnel Administration (5 CFR 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning prevention Act (42 USC Secfron 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended.(20 USC Sections 1681-1683, and 16854 686), which prohibits discrimination on the basis of sex; (c),Sedon 504 of the Rehabilitation Act of 1973, as amended. (29 USC Section 794),.which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 USC Sections 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (PL 92-265), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 USC Sections 290- dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 USC Section 3601 et seq.), as amended, relating to nondiscrimination. In the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the applicattori. 11. Will comply, or has already compiled, with the requirements of Titles It and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and Federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation In purchases. 12. Will comply with the provisions of the Hatch Act (6 USC Sections 1501-1508 and 7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13, Will comply, as applicable, with the provisions of the Davis -Macon Act (40 USC Sections 276a to 276a-7),,the Copeland Act (40 USC Section 276c and 18 USC Section 874), and the Contract Work Hours and Safety Standards Act (40 USC Sections 327-3,33) regarding labor standards for federally assisted construction subagreements, 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster protection Act of 1973 (PL:93-234) which requires recipients In a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Mitigation Project Grant Agreement Page 14 of 26 Whatcom County E11-141 143 15.Will comply with environmental standards which may be prescribed pursuant to the following. (a) institution of environmental quality control treasures under the National Environmental policy Act of 1969 (PI;. 91-190) and Executive Order (EQ)11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 USC Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) -implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 USC Section 7401 et seq.), (g) protection of underground sources of drinNng water under the Safe Drinking Water Act of 1974, as amended (PL 93-523), and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (PL 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 USC Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Seciton 106 of the National Historic Preservation Act of 1966, as amended (18 USC Section 470), EO 11693 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 USC Section 469a-1 et seq.). 18.Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 19.E lII comply with all applicable requirements of all other Federal laws, Executive Orders, regulations, and policies governing this program. 20. It will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 USC Section 201), as they apply to employees of institutions of higher education, .hospitals, and other nonprofit organizations. 21.It will obtain approval by the appropriate Federal agency of the final working drawings and specifications before the project Is advertised or plated on the market for bidding; that it will construct the project, or cause It to be constructed, to final completion. in accordance with the application and approved plans and specifications; that it will submit to the appropriate Federal agency for prior approval changes that alter the cost of the project, use of space, or functional layout, that it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant program(s) have been met. 22. It will operate and maintain the facility. -In accordance with the minimum standards as may be required or prescribed by the applicable Federal, State, and local agencies for the maintenance and operation of such facilities. 23. It will require the facility to be designed to comply with the "American Standard Specification for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," NumberA117.-_1961, as modified (41 CFR 101-17.703). The Mitigation Project Grant Agreement Page 15 of 26 Whatcom County E11-141 144 applicant will be responsible for conducting- inspections to ensure compliance with these specifications by the contractor. 24.If any real prope" or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transfer, for the period during which the real property, or structure Is used for a.purpose for which the Federal financial assistance Is extended or for another purpose involving the provision of similar services or benefits.. 26.In making subgrants with nonprofit institutions under this Comprehensive Coopera-tive Agreement, it agrees that such grants will be subject to OMB Circular A-122, "Cost Principles for Nonprofit Organizations`` included in Vol. 49, Federal Register, pages 18260 through 18277 (April 27., 1984). Authorized Signature && Authorized Applicant Agent: Paula J. Cooper (Please Print Name) Date; August 20, 2009 aer ate Authorized Signature 61 Authorized Alternate Applicant Agent: Jon Hutchings (Please Print Name) date: august 20, 2009 Mitigation Project Grant Agreement Page 16 of 26 Whatcom County E11-141 145 Model Statement of Assurances for Property Acquisition Projects Project 71fle: AsQi4sLWR of SqbstvLtialbL-Damagpd Pro J pertles fit Na:qtta, Whatcom CQun Name of Picdcot Sub -Applicant Whatcoin°Cnuniy 9tate- Wa FEMA Grant Program: HMOP As the duly authorized Agent of the sub -applicant, I certify that the sub -applicant will ensure that, + Partiolpation by property owners is voluntary, The prospective participants have been/will bo informed in writing that participation in the program is voluntary, and that the subapplioant will not use its vWnent domain authority to acquire, their property- for the project purposes should negotiations fail, 4 Each prop orty owner will be informed, in writing, of what the subapplicant considers to be the market'vdae of the property. The sUbVpl imt will use the model Statement of Voluntary Participationto document the market value ofthe property and will provide a Opy for each property after award, + All of the requirements of 44 CFR Parts 80.17 And 80.19, this guidance, and the deed restrictions that govern the use of the subgrant funding and the use of acquired land are applicable. The property shall be dedioate4 and maintained in perpetuity as openspace for the conservation of natural floodplain functions and.restricted from use or development Itiat interferes with that purpose, Properties associated with the proposed project are not part of an Wended, planned, or desigaaWd prqject area for which the land is to be acquired by a certain -date, and/or where there1s; an intention to use the property for any public, -or private future use inconsistent with the, open space deed restrictions and )FEMA acquisition requirements. ExampW include planned construction of, or Improvements to, publicly owned buildings, road construction projects, flood control levees, or other development projects. The acquired land will be unavailable for these and all other such incompatible uses. Any intent to use any of the properties proposed for acquisition as part of an intended, plamed, or designated project area could make the project ineligible for mitigation grant funding. # Existing buildings will be removed within 90 days of settlement; Mitigation Project Grant Agreement Page 17 of 26 Whatcom County El 1-141 146 ♦ Once the subgrantee acquires the property it may convey a property interest only with the prior approval of the FEMA Regional Administrator and only to certain entities in accordance with 44 CFR Part 80.19 and this guidance; ♦ Every 3 years from the date of acquiring the property, the sagmintee must submit to the Grantee, who will submit to the FEMA Regional Administrator, a report certifying that it has inspected the subject property within the month preceding the report, and that the property continues to be maintained consistent with the provisions of the grant. If the subject property is not maintained according to the terms of the grant, the Grantee and FEMA, its representatives, successors, and assigns are responsible for taking measures to bring the property back into compliance; For an offer of pro -event value, the suhgrantee wW obtain documentation from the property owner demonstrating that the property owner is a National of the United States or qualified alien (refer to Unified HMA Guidance, June 19, 2009, Fart IX A,14.3 for additional information); ♦ Amer settlement, no disaster assistance for any purpose from any Federal entity may be sought or provided with respect to the property, and FEMA will not distribute flood insurance benefits for that property for claims related to damage occurring after the date of the property settlement; and At closeout, the subgrantee will provide information in accordance with 44 CFR. Part 80.21. and this guidance. (Including: copy of Recorded Deed for each property, photo of property post -mitigation, Wong, NFIP Repetitive Loss documentation if applicable, and other information. as determined by the Administrator) Also, I confin n hat the sub -applicant has consulted with the US Army Corps of Engineers regarding the subject land's potential future use for the construction of a levee system, and will reject fixture consideration of such use if it accepts FEMA assistance to convert the property to permanent open -space, The sub -applicant has also coordinated with the state's Department of Transportation to ensue that no future, planned improvements or.enhancements to the Federal aid systems are under -consideration that will affect the subject property. As the duly authorized Agent of the sub -applicant, I hereby certify that the applicant will comply with the identified assurances and certifications. J 0-06ag-V Y-a Name f Authorized Agent d Tit e do Signature Date Signed FWA RIO eddi[ion of S`epteinber 2, 2009 Mitigation Project Grant Agreement Page 18 of 26 Whatcom County E11-141 147 Exhibit A Washington State Military Department GENERAL TERMS AND CONDITIONS Mitigation Grants A.1 DEFINITIONS As used throughout this Grant Agreement, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Applicant" shall mean a state agency, local government, tribal government, special purpose district, or an eligible private nonprofit organization submitting an application to the Governor's Authorized Representative for disaster recovery assistance. c. "Applicant Agent" shall mean the official representative and alternate designated or appointed by the Applicant and authorized to make decisions on behalf of the Applicant. d. "Grantee" shall mean the government to which a grant is awarded and which is accountable for the use of the funds provided. The Grantee is an. entire legal entity even if only a particular component of the entity is designated in the grant award document. For the purpose of this Grant Agreement, the state is the Grantee. The Grantee and the DEPARTMENT are one and the same. e. "Monitoring Activities" shall mean all administrative, construction, financial, or other review activities that are conducted to ensure compliance with all state and federal rules, authorities or policies. d. "Subgrantee" shall mean the government or other eligible legal entity to which a subgrant is awarded . and which is accountable to the Grantee for the use of the .funds provided. The Subgrantee and Applicant are one and the same. e. "Project" shall mean those actions funded through the Public Assistance Program and described in approved Project Worksheets. Projects may include one or more of the following: reimbursement of costs for emergency response, debris removal and/or repair or restoration of damaged public facilities. A project may be a small, large, improved, or alternate project. f. "PL" — is defined and used herein to mean the Public Law. g. "CFR" — is defined and used herein to mean the Code of Federal Regulations. h. "OMB" — is defined and used herein to mean the Office of Management and Budget. i. "WAC" — is defined and used herein to mean the Washington Administrative Code. . j. "RCW" — is defined and used herein to"mean the Revised Code of Washington. A.2 RECORDS AND REPORTS a. The APPLICANT agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the APPLICANT's contracts, contract administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Grant Agreement. b. The APPLICANT's records related to this Grant Agreement and the projects funded hereunder may be inspected by the DEPARTMENT or the Director, or their designees, by designees of the Office of the State Auditor, the Federal Emergency Management Agency or their designees, or the Comptroller General of the United States or their designees or by other federal officials authorized by law, for the purposes of determining compliance by the APPLICANT with the terms of this Grant Agreement and to determine the appropriate level of funding to be paid under the subject Grant Agreement. c. The records shall be made available by the APPLICANT together with suitable space for such inspection at any and all times during the APPLICANT's normal working day. d.. The APPLICANT shall retain all records and allow access related to this Grant Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreement. Mitigation Project Grant Agreement Page 19 of 26 Whatcom County E11-141 M• A.3 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved in advance by the DEPARTMENT in writing. The DEPARTMENT's -failure to insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Grant Agreement. A.4 AMENDMENTS AND MODIFICATIONS The APPLICANT or the DEPARTMENT may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by the DEPARTMENT and the APPLICANT. A.5 TERMINATION AND OTHER REMEDIES a. If, through any cause, the APPLICANT shall fail to fulfill in a timely and proper manner its obligations under this Grant Agreement or if the APPLICANT shall violate any of its covenants, agreements, or stipulations of this Grant Agreement,.the DEPARTMENT shall thereupon have the right to terminate this Grant Agreement and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the APPLICANT describing such default or violation.- b. Notwithstanding any provisions of this Grant Agreement, either party may terminate this Grant Agreement by providing written notice of .such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. c. Reimbursement for APPLICANT services performed, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination shall be as the DEPARTMENT reasonably determines. d. The DEPARTMENT may unilaterally terminate all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. A.6 APPLICATION REPRESENTATION -MISREPRESENTATION, INACCURACY AND BREACH The DEPARTMENT relies upon the APPLICANT's application in making its determinations as to eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a .breach of this Grant Agreement. A.7 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The APPLICANT and all its contractors shall comply -with, and the DEPARTMENT is not responsible for determining compliance. with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB . Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. A.8 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Grant Agreement. To the extent allowed by law, the APPLICANT, its successors or assigns, will protect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the APPLICANT, its subcontractors, assigns, agents, Mitigation Project Grant Agreement. Page 20 of 26 Whatcom County P11.-141 149 contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. To the extent allowed by law, the APPLICANT further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts oractivities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT,, and (2) the APPLICANT, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the APPLICANT, or APPLICANT's agents or employees. Insofar as the funding source, the Federal Emergency Management Agency-(FEMA), is an agency of the federal government, the following shall apply: 44 CFR 206.9 Non -liability.. The federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the .part of a federal agency or an employee of the federal government in carrying out the provisions of the Stafford Act. A.9 ACKNOWLEDGMENTS . The APPLICANT shall include language which acknowledges the funding contribution of the DEPARTMENT and FEMA to this project in any release or other publication developed or modified for, or referring to, the project. A.10 APPLICANT NOT EMPLOYEE The APPLICANT, and/or employees or agents performing under this Grant Agreement are not employees or agents of the DEPARTMENT in any manner whatsoever. The APPLICANT will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, nor will the APPLICANT make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the APPLICANT is another state department, state .agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Grant Agreement. A.11 NONDISCRIMINATION The APPLICANT shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Grant Agreement. A.12 VI-ILIZA71-ION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The APPLICANT is encouraged to utilize business firms that are certified as minority -owned and/or women -owned in carrying out the purposes of this Grant Agreement. The APPLICANT may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326730-041. A.13 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the APPLICANT or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be Mitigation Project Grant Agreement Page 21 of 26 Whatcom County E11-141 150 performed in connection with the project assisted under this Grant Agreement. The APPLICANT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. A.14 VENUE This Grant Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the state of Washington. Venue of any suit between the parties arising out of this Grant Agreement shall be the Superior Court of Thurston County, Washington. The APPLICANT, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.15 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the APPLICANT. The APPLICANT shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the state of Washington and the United States government harmless. from any and all causes of action arising from the ownership and operation of the project. A.16 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Grant Agreement or its application to•any person or circumstances invalid, this. invalidity does. not affect other provisions, terms or conditions. of the Grant Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Grant Agreement are declared severable. A.17 RECAPTURE PROVISION In the event the APPLICANT fails to expend funds in accordance with federal, state, or local law and/or the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Grant Agreement termination. Repayment by the APPLICANT of funds under this recapture provision- shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceeding to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees. A.18 DUPLICATION OF BENEFITS The APPLICANT agrees that the mitigation grant funds for which federal or state assistance is requested does not, or will not, duplicate benefits or funds received for the same purpose from any other source. The APPLICANT will pursue full payment of eligible insurance benefits for properties covered in a project under this Grant Agreement. The APPLICANT will repay any mitigation grant funds that are duplicated by other benefits, funds, or insurance proceeds. A.19 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public' office or influence the approval or defeat of any ballot issue. A.20 NOTICES The APPLICANT shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of -this compliance: A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.22 RESPONSIBILITY FOR PROJECT While the DEPARTMENT undertakes to assist the APPLICANT with the project by providing grant funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the Mitigation Project Grant Agreement Page 22 of 26 Whatcom County E11-141" 151 APPLICANT. The DEPARTMENT undertakes no responsibility to the APPLICANT, or to any third party, other than as is expressly set out in this Grant Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phases are applicable to this project, is solely that of the APPLICANT, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. The APPLICANT shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the APPLICANT .in connection with the project. The APPLICANT shall not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third-party'related to any design, development, construction, implementation, operation and/or maintenance of the project. A.23 HAZARDOUS SUBSTANCES The APPLICANT shall inspect and investigate the proposed development/construction site for the presence of hazardous substances. The APPLICANT shall fully disclose to the -DEPARTMENT the results of its inspection and investigation and all other knowledge the APPLICANT has as to the presence of any hazardous substances at the proposed developmenticonstruction project site. The APPLICANT will be responsible for any associated clean-up costs. "Hazardous Substance" is.defined in RCW 70.105D.020 (10). A.24 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHA/WISHA) The APPLICANT represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the APPLICANT's performance under this Grant Agreement. To the extent allowed by law, the APPLICANT further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the APPLICANT to so comply. A.25 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY If federal funds are the basis for this Grant Agreement, the APPLICANT certifies that the APPLICANT is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Grant Agreement by any federal department or agency. If requested by the DEPARTMENT, the APPLICANT shall complete and sign a Certification Regarding- Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the APPLICANT for this Grant Agreement shall be -incorporated into this Grant Agreement by reference. Further, the APPLICANT agrees not to enter into any -arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs." A.26 PRIVACY Personal information collected, used or acquired in connection with this agreement shall be used solely for the purposes of this agreement. APPLICANT and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the DEPARTMENT or as provided by law. APPLICANT agrees to implement physical, electronic and managerial safeguards to prevent unauthorized. access to personal information. The DEPARTMENT reserves the right to monitor, audit, or investigate the use of personal information collected, used or acquired by the APPLICANT through this contract. The monitoring, auditing or investigating may include but is not limited to "salting" by the DEPARTMENT. APPLICANT shall certify return or destruction of all personal information upon expiration of this contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Mitigation Project Grant Agreement Page 23 of 26 Whatcom County E11-141 152 Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The APPLICANT agrees to indemnify and hold harmless the DEPARTMENT for any damages related to the APPLICANT's unauthorized use of personal information. - For purposes of this provision, personal information includes, but is not limited to, information identifiable to an individual that relates to a natural person's health, finances, education, business, use or receipt of governmental services, or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers. A.27 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal APPLICANTS expending financial assistance of $500,000 or more in federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit conducted in accordance with the Office of Management and. Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non -Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal APPLICANTS that. spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 is available at: htti)://www.whitehouse.gov/omb/circulars default. APPLICANTS required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The APPLICANT has the responsibility of notifying the State Auditor's Office and requesting an audit. Private non-profit APPLICANTS must contact a CPA firm to perform the audit. Costs of the audit may be an allowable grant expenditure if the grant has not been closed. The APPLICANT shall maintain records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients also maintain auditable records. „ The APPLICANT is responsible for any audit exceptions incurred by its own organization or that of its subrecipients. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The APPLICANT must respond to DEPARTMENT requests for information or corrective action concerning audit issues within 30 days of the date of request. The DEPARTMENT reserves the right to recover from the APPLICANT all disallowed costs resulting from the audit. Once the single audit has been completed, the APPLICANT must send a full copy of. the audit to the DEPARTMENT and a letter stating there were no findings, or if,there were ,findings, the letter should provide a list of the findings. The APPLICANT must. send the audit and the letter no later than nine (9) months after the end of the APPLICANT'S fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building. #1 TA 20 Camp.Murray, WA 98430-5032 In addition to sending a copy of the audit, the APPLICANT must include a corrective action plan for any .audit findings and a copy of the.management letter, if one was received. The APPLICANT shall include the above audit requirements in any subcontracts. A.28 PROJECT MANAGEMENT AND SUBGRANTEE MONITORING The DEPARTMENT and the APPLICANT must conduct and monitor grant activities to confirm compliance with applicable Federal requirements and the requirements and special conditions of an approved project. The APPLICANT agrees to: a. Comply with all funding conditions of an approved project, grant award, and Grant Agreement. b. Provide financial documentation to support requests for payments. Mitigation Project Grant Agreement Page 24 of 26 Whatcom County E11-141 153 c. Maintain records and documentation that adequately identify and directly support a project's eligible costs consistent with the FEMA approved Project Application. Pro -rate or percentage costs are not eligible for reimbursement d. Cooperate with and participate in any scheduled or unscheduled monitoring or evaluation activities conducted by the DEPARTMENT. FEMA, or their representatives, that are pertinent to this Grant Agreement or approved Project Worksheets. e. Provide the DEPARTMENT with all documentation required to complete evaluations of eligible costs, and provide additional documentation that the DEPARTMENT or FEMA may request as a result of a monitoring visit, review or further evaluation of supporting financial documentation and/or reports. If requested documentation is not provided, specific costs associated with the project may be determined to be ineligible. f. Submit a request -for time extension not later than two weeks before the end of the project's period of performance. g. Immediately notify the DEPARTMENT if a change order is required or the scope of work changes in an approved project. h. Submit quarterly reports to the DEPARTMENT. i. Submit project completion certifications as required for projects. The DEPARTMENT agrees to: a. Provide technical assistance during all monitoring or evaluation activities. The DEPARTMENT will coordinate and schedule the meetings necessary to conduct and complete all monitoring and evaluation activities. b. Conduct site visits during the project construction / implementation, as necessary. c. Regularly review the APPLICANT's financial documentation to confirm compliance with state and federal rules, authorities, and policies. d. Issue reimbursement .per the process described in Article 1.3 Project Payments, of the Special Terms and Conditions. Reimbursement is contingent upon the DEPARTMENT'S determination that all costs are eligible based upon an evaluation and review of. the APPLICANT's financial documentation. e. Work with the APPLICANT to -resolve any issues identified during the -monitoring process. f. Review and respond appropriately to the APPLICANT's requests for time extensions and changes to the scope of work for an approved project. A.29 SUBCONTRACTING The APPLICANT shall use a competitive procurement process in the award of any contracts with contractors or subcontractors that are entered into under the original contract award. The procurement process followed shall be in accordance with Part 13 of 44 CFR, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments or with OMB Circular A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the APPLICANT. As required by Section 694 of the "Post -Katrina Emergency Management Reform Act" (P.L. 109-295), which amended section 307 of the Stafford Act, 42 U.S.C: 5150, contracts or agreements with private organizations, firms or individuals for debris clearance, distribution of supplies, reconstruction, and other major disaster assistance activities, shall be awarded to those organizations, firms and individuals residing or doing business primarily in the geographical area.affected by the disaster, to the extent feasible and practicable. Such contracts or agreements with private organizations, firms, or individuals, not residing or doing business primarily in -the geographical area affected by the declared disaster shall be justified in writing in the APPLICANT's contract file, with documentation provided to the DEPARTMENT. Contracts in place prior to a declaration should be transitioned to such local organizations, firms or individuals unless the head of the APPLICANT organization determines that it is not feasible or practicable. This determination must be documented in the APPLICANT's contract file, With documentation provided to the DEPARTMENT. The transition requirement should not be construed to require an APPLICANT to breach an existing contract. Mitigation Project Grant Agreement Page 25 of 26 Whatcom County E11-141 154 All subcontracting agreements entered into pursuant to this Grant Agreement shall incorporate this Grant Agreement by reference. A.30 PUBLICITY The APPLICANT agrees to submit to the DEPARTMENT all advertising and publicity matters relating to this Grant Agreement wherein the DEPARTMENT's name is mentioned or language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied. The APPLICANT agrees not to publish or use such advertising and publicity matters.without the prior written consent of the DEPARTMENT. The APPLICANT may copyright original work it develops in the course of or under this Grant Agreement; however, pursuant to 44 CFR Part 13.34, FEMA reserves. a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Grant Agreement shall include an y acknowledgement of FEMA's financial support, by grant number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.31 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 101-336. 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The APPLICANT must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, publicaccommodations, state and local government services, and telecommunication. A.32 NONASSIGNABILITY Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be transferred or assigned by the APPLICANT. A.33 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the APPLICANT's responsibilities with respect to services provided under this Grant Agreement is prohibited .except by prior written consent of the DEPARTMENT. However, the parties acknowledge that the DEPARTMENT, and state and local agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public Records Act. A.34 LIMITATION OF AUTHORITY —AUTHORIZED SIGNATURE Only the DEPARTMENT's Authorized Signature and the APPLICANT's Authorized Authority shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by the DEPARTMENT's Authorized Signature and the APPLICANT's Authorized Authority. Only the APPLICANT's Authorized Authority and other designated officials whose signatures appear on the attached Signature Authorization Form shall have signature authority to sign payment requests, certification of project completion, time extension requests, and other requests and documents as necessary. Mitigation Project Grant Agreement Page 26 of 26 Whatcom County E111-141 155 Washington Military Department Contract Number: E11-141 Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAME Doing business as (DBA) Whatcom Count. ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax 322 N. Commercial Street, Suite 120 or Solicitation #, if any: Identifier (UBI) Identification #: Bellingham, WA 98225 371-010-246 1 91-6001383 This certification is submitted as part of a request to contract. Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terms of this certification, without modification, in order to participate in certain transactions directly or indirectly involving federal funds. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding 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 covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. Bidder or Contractor Signature: Date: Print Name and Title: Pete Kremen, Whatcom County Executive 156 Washington Military Department Contract Number: E11-141 FEDERAL DEBARMENT, SUSPENSION INELIGIBILITY and VOLUNTARY EXCLUSION (FREQUENTLY ASKED QUESTIONS) What is "Debarment, Suspension, Ineligibility, and Voluntary Exclusion"? these terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency. In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have: • had a contract or grant with a federal agency, and • gone through some process where the federal agency notified or attempted to notify you that you could not contract with the federal agency. • Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a contract, or have violated a regulation or law pertaining to the contract. Why am I required to sign this certification? You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549) requires Washington Military Department ensure that persons or companies that contract with Washington Military Department are not prohibited from having federal contracts. What is Executive Order 12549? Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the President and directed federal, agencies to ensure that federal agencies, and any state or other agency receiving federal funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency Code of Federal Regulations (CFRs). What is the purpose of this certification? The purpose of the certification is for you to tell Washington Military Department in writing that you have not been prohibited by federal agencies from entering into a federal contract. What does the word "proposal" mean when referred to in this certification? Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from you to Washington Military Department. What or who is a "lower tier participant"? Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If you hire subcontractors, you should require them to sign a certification and keep it with your subcontract. What is a covered transaction when referred to in this certification? Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract with or receive money from Washington Military Department. Covered Transaction does not include mandatory entitlements and individual benefits. Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any Federal department or agency. If requested by Washington Military Department, the Contractor shall complete a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. 157 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED Whatcom County PROJECT DESCRIPTION CONTRACT NUMBER Whatcom County Marietta Acquisition #2 E11-141 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Pete Kremen Whatcom County Executive 1 /2012 Whatcom County Deputy Dewey Desler Administrator n/a 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGIATURE PRINT OR TYPE NAME TITLE Pete Kremen Whatcom County Executive Dewey Desler Whatcom County Deputy Administrator 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE r-- %'� l Jon Hutchings Whatcom County Public Works Assistant Director Paula J Cooper Whatcom County River and Flood Manager \\NAC-1\VOL1\HOME\KARENB\..."\WP\SIGNAUTH Revised 3/03 158 WHATCOM COUNTY COUNCIL AGENDA BILL N0.2010-400 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: M. McFarlane 77/08/70 l M 11/23110_ Finance/Count: Division Head: u v a� NOV t 6 2010 Dept. Head: / M. McFarlane 77/08/70 , I HATCOM COUNTY COUNCIL Prosecutor: '7 �� n Purchasing/Bud t Executive: TITLE OADOCUMENT. Intergovernmental Agreement for Fire Protection Services ATTACHMENTS: Intergovernmental Agreement for Fire Protection Services between Whatcom County (Parks & Recreation) and South Whatcom Fire Authority. SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) Na 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 Intergovernmental Agreement between Whatcom County (Parks & Recreation) and South Whatcom Fire Authority is in accordance with the provisions of the Interlocal Cooperation Act, R.C.W.39.34. R. C. W. 52.30.020 requires that agencies and municipal corporations havingproperties within or adjacent to the boundaries of a fire protection district shall contract for fire protection services necessaryfor the protection and safety of personnel and property when such protection is not otherwise provided. South Whatcom Fire Authority shall furnish fire protection services to the Parks & Recreation Department buildings and equipmen, located within or adjacent to the established boundaries of South Whatcom Fire Authority. The term of this new agreement is (5) years, beginning January 1, 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. it 159 WHATCOM COUNTY PARKS & RECREATION DEPT. 3373 Mt. Baker Hwy. Bellingham, WA 98226 MEMORANDUM Michael G. McFarlane Director NOV 12 2010 PETE KREMEN TO: Pete Kremen, County Executive COUNTY EXECUTIVE FROM: Michael McFarlane, Director l RE: Intergovernmental Agreement for Fire Protection Services with South Whatcom Fire Authority DATE: November 8, 2010 Enclosed are two (2) originals of the Intergovernmental Agreement for Fire Protection Services between Whatcom County (Parks & Recreation) and South Whatcom Fire Authority for your review and signature. ■ Background and Purpose R.C.W.52.30.020 requires that agencies and municipal corporations having properties within or adjacent to the boundaries of a fire protection district shall contract for fire protection services necessary for the protection and safety of personnel and property when such protection is not otherwise provided. South Whatcom Fire Authority shall furnish fire protection services to the Parks & Recreation Department buildings and equipment located within or adjacent to the established boundaries of South Whatcom Fire Authority. ■ Funding Amount and Source The Parks & Recreation Department shall pay South Whatcom Fire Authority annually for services an amount determined by applying the prevailing operational millage rate for the Fire Authority to the value of the Parks & Recreation properties within or adjacent to the Fire Authority. ■ Differences From Previous Contract This is similar to the previous agreement except the new agreement term is five (5) years beginning January 1, 2011 and the name has been changed from Fire District No. 9 to South Whatcom Fire Authority. This agreement replaces Whatcom County Contract #200606003. Please contact Michael McFarlane at extension 32072, if you have any questions or concerns regarding the terms of this agreement. Encl. 160 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ,-�Ol o /1 013 Originating Department: Parks & Recreation Contract Administrator: Michael McFarlane Contractor's /Agency Name: South Whatcom Fire Authority 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_ 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 $ Annually pay South Whatcom Fire Authority memo. Any amendment that provides either a 10% increase in amount or more than the prevailing operational millage rate applied $10,000, whichever is greater, must also go to Council and will need an agenda bill to the value of Parks & Recreation properties and supporting memo. If less than these thresholds, just submit to Executive with within or adjacent to the Fire Authority. supporting memo for approval. This Amendment Amount: Total Amended Amount: Scope of Services South Whatcom Fire Authority shall furnish fire protection services to the Parks & Recreation Department buildings and equipment located within or adjacent to the established boundaries of Fire Authority. Term of Contract: 1/1/11-12131115 Expiration Date: 12131115 Contract Routine Steps & Sienoff [sign or initial! !indicate date transmitted 1. Prepared by bn Date11/08/10 [hard copy] 2. Attorney reviewed: Date [hard copy] 3. AS Finance reviewed: IfAi�e� Date j /o [hard copy] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff.• gcja, . Date Z 7. Contractor signed: Date it 2 to 8. Submitted to Exec Office ,i Date l(-12-/0 [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; Date 14. County Original to Council Date this form may need to expand to more than one page 161 ORIGINAL INTERGOVERNMENTAL AGREEMENT FOR FIRE PROTECTION SERVICES WHATCOM CO 19.1) N_FV!1 CONTRA ,F N0. THIS AGREEMENT, made and executed by and between WHATCOM COUNTY, a municipal corporation, hereinafter referred to as "COUNTY," and SOUTH WHATCOM FIRE AUTHORITY, hereinafter referred to as the "FIRE AUTHORITY," in accordance with the provisions of the Interlocal Cooperation Act, R.C.W. 39.34. WHEREAS, the Fire Authority is organized and equipped to provide fire protection to structures, and equipment andother properties within its boundaries; and, WHEREAS, the County is the owner of buildings and other properties within the Fire Authority; and, WHEREAS, R.C.W. 52.30.020 requires that agencies and municipal corporations having properties within or adjacent to the boundaries of a fire protection authority shall contract for fire protection services necessary for the protection and safety of personnel and property when such protection is not otherwise provided; and, WHEREAS, the parties hereto recognize the advantages to be gained in the services to be provided to the citizens; NOW THEREFORE, WHATCOM COUNTY AND SOUTH WHATCOM FIRE AUTHORITY AGREE AS FOLLOWS: 1. The Fire Authority shall furnish fire -protection services to the Parks and Recreation Department buildings and equipment located within or adjacent to -the established boundaries of said fire authority. The extent of such services shall be the maximum which the Agreement - Page 1 162 ORIGINAL equipment, personnel and circumstances of the Fire Authority permit and shall be not less than that provided to all other properties within the Fire Authority. 2. The Parks and Recreation Department shall pay the Fire Authority annually for such services an amount determined by applying the prevailing operational millage rate for the Authority to the value of the Parks and Recreation Department properties within or adjacent to the Fire Authority. 3. The Parks and Recreation Department shall prepare as of September 30 each year a current list showing location and value of all park properties within the Fire Authority, and shall submit said list to the Fire Authority no later than October 15 of each year. 4. The Fire Authority shall make annual written request to the Parks and Recreation Department for payment of the amounts due. Request shall indicate year for which assessment is made, rate of assessment, and total property value upon which assessment is applied. 5. For the purposes of this Agreement, the value of Parks and Recreation Department properties within or adjacent to the Fire Authority shall be the value at which the buildings thereon are insured against loss by fire. Alternatively, or in case of buildings for which there is no insurance, the contract cost, or current replacement cost as ascertained by professional appraisal, or the latest assessed value upon the books of the County Assessor shall be used. Should no insurable value be readily obtainable, the value for purposes. of this Agreement may be established by mutual agreement between the Parks and Recreation Department and the Firs Authority. 6. This Agreement shall run for a full term of five years commencing the 1st day of January, 2011. No change or addition to this Agreement shall be valid or binding upon either party Agreement - Page 2 163 ORIGINAL unless such change or addition be in writing, executed by both parties. Either party may terminate this Agreement upon written notice to the other party. 7. Non-discrimination: Both parties of this Agreement further agree that they shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. 8. Extent of Agreement: This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. 9. Relationship of the Parties: The parties intend that an independent contractor/county relationship will be created by this Agreement. The County is interested only in the results to be achieved, the implementation of services will lie solely with the Fire Authority. No agent, employee, servant, or representative of the Fire Authority shall be deemed to be an employee, agent, servant, or representative of the County for any purpose. Employees of the Fire Authority are not entitled to any of the benefits the County provides for County employees, except in such cases that the Fire Authority is a department of County government. The Fire Authority will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this Agreement. Communications between the Fire Authority and County shall be addressed to the regular places of business. In the case of the Fire Authority, the address shall be South Whatcom Fire Authority, 2050 Lake Whatcom Blvd., Bellingham, Washington 98229. In the case of the County, communications shall be sent to the Whatcom County Parks and Recreation Department, 3373 Mount Baker Highway, Bellingham, Washington 98226. Agreement - Page 3 164 ORIGINAL 10. Venue Stipulation: This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is mutually understood and agreed by each party thereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. DATED this day of , 2010. WHATCOM COUNTY Pete Kremen, 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 County Executive of WHATCOM COUNTY and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at Bellingham. My Commission expires: DATED this day of 12010. WHATCOM COUNTY PARKS AND RECREATION DEPARTMENT APPROVED AS TO FORM: Deputy Agreement - Page 4 165 ORIGINAL DATED this � day of � Old M! , 2010. SOUTH WHATCOM FIRE AUTHORITY ire Chief, David M. Ralston ATTEST: STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this day personally appeared before me J .)Ct�1��� Gl I r, 6 to me known to be the individual or individuals described in and who executed the within and foregoing instrainent, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand and seal this' day of m- 2010. e�NO�r, NO AR P LI Xin or e StatWashington z� residing at (,LI%� 14% AMy Commission expires: "1 'o —Lc�1� 'ybh� Agreement - Page 5 166 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-401 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. /j1o�1� � � C E O Nov t 6 2010 VUHATCOM COUNTY COUNCIL 11/23/10 Finance/Council Division Head. • Dept. Head. • Prosecutor: ,� ` Purchase e . B � Executive: TITLE FDOCUMENT. Amendment #1— CorMs, Inc.; Video Visitation Service Agreement ATTACHMENTS: Amendment #1 SEPA review required? ( ) Yes (X ) NO SEPA review completed? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (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.) Amendment #1 for second year of Video Visitation Service Agreement with CorrVis, Inc. Extension of expiration date to December 31, 2011 and second year costs. COMMITTEEACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signet, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 167 WHATCOM COUNTY ADMINISTRATIVE SEVICES Whatcom County Courthouse 311 Grand Ave, Suite 108 Bellingham, WA 98225-4083 Ddesler@co.whatcom.wa.us DEWEY G. DESLER Director MEMO TO: Pete Kremen, County Executive FROM: Michael Russell, Facilities Manager DATE: November 15, 2010 FACILITIES MANAGEMENT 316 Lottie Street Bellingham, WA 98225-4010 Phone: 360.676.6746 Fax: 360.676.6789 Facilities@co.whatcom.wa.us MICHAEL RUSSELL Facilities Manager RECEIVED NOV y. e : PETE KREMEN COUNTY EXECUTIVE RE: Amendment #1 - Video Visitation Service Agreement Attached are two (2) originals of Amendment #1 for the contract for Video Visitation Agreement for the Jail Work Center between Whatcom County and CorrVis, Inc. for your review and signature. ■ Background and Purpose This Amendment is for the Second Year of the Video Visitation Service Agreement at the Whatcom County Jail Work Center. This amendment will provide all parts, expedited shipping and travel costs for service of the visitation equipment. It will extend the expiration date to December 31, 2011. This takes place of an expired warranty. ■ Funding Amount and Source Funding for this project is provided in ASR #2009-4126 Approved in the 2009-2010 budget, in the amount of $15,180. ■ Differences from Previous Contract This project is a one-time agreement. Please contact Michael Russell at extension 50575, if you have any questions or concerns regarding the terms of this agreement. Enclosures WHATCOM COUNTY CONTRACT INFORMATIONSHEET Whatcom County Contract No. aaa9/ao5�Z-1 Originating Department.- Facilities Management Contract Administrator: Michael Russell Contractor's I Agency Name: CorrVis, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No X Yes X No If yes, previous number(s): _200912054 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 numbers) 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 $ 13,800.00 memo. Any amendment thatprovides 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 $ 15,180.00 and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ 28,980.00 Scope of Services This contract Amendment #1 between Whatcom County and CorrVis, Inc. is for the Video Visitation Service Agreement for the Jail Work Center, 2030 Division Street, this amendment is extend the expiration date to December 31, 2011 and increase fees for 2011. Term o Contract: Expiration Date: December 31, 2010 1. Prepared by. Dee E rgson t� Q Date 1 145.1 Q [electronic] 2. Attorney reviewed: Date ) �5 _ ) [electronic] 3. AS Finance reviewed. • Date //®i Z/ /D [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made. _ __ _ Date [electronic] hard copyprinted 6. Attorney signof. . Date 7. Contractor signed: Date 8. Submitted to Exec Office ✓ Date 11-/5-10 jsummary via electronic, hardcopiesJ 9. Reviewed by DCA Date 10. Council approved (f 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 Video Visitation Service Agreement — Amendment #1 CorrVis, Inc. 169 v 1.0 Whatcom County Contract No. �00171a0S 2-1 CONTRACT AMENDMENT #1 Video %sdatioon Agreement This AMENDMENT is to the Contract made between Whatcom County and Conl/is, Inc. dated December 27, 2009 and designated Vhatcom County Contrail No. 200912052.° In consideration of the mutual benefits to be derived, the parties agree to the following: This Amendment expands the original expiration date to December 31, 2011. The amount of this amendment is $15,180.00. The new contract total will be in the amount of $28,980.00 including applicable Washington State Sales Tax 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 as stated. IN WITNESS WHEREOF, the parties have executed this Agreement this CONTRACTOR: Nicholas Temple, Sr.; President/CEO CorrVis, Inc, STATE OF WASHINGTON ) ss. COUNTY OF day of 20 On this _ day of 20 _, before me personally appeared Nicholas Temple to me (mown to be a Principal/CEO of Co►rVis, Inc. and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires Contract Amendment #1 Cons, Inc. — Video Visitation Service Agreement JWC Page 0 170 v 1.0 WHATCOM COUNTY: Approved as to form: Prosecuting Attorney Date t 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 Kremer, 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: CorrVs, Inc. Address: 236 West Darrow Street Phoenix, AZ 85041 Mailing Address: 236 West Darrow Street Phoenix, AZ 85041 Contact Name: Nick Temple, PresidentlCEO Contact Phone: (480) 239-1831 ntact Fax: ( ) 452-1588 Contract Amendment #1 CorrVis, Inc. — Video Visitation Service Agreement JWC Page 1 171 v 1.0 i Exhibit A Scope of work Comprehensive Support Plan as Follows: ■ Non-VPN System Monitoring (aided by County) • Software updates and patches for maintenance ■ Unlimited telephone support ■ Two (2) Proactive Maintenance visits per year o (Usually with more than I technician) ■ One (1) Emergency visit per year ■ Should the site require more visits per year, Service Contract Rate in Exhibit B apply ■ CorrVis will provide any other spare parts and bill for parts used separately from this plan ■ CorrVis will stock spare parts ■ CorrVis management originally designed and programmed the Wbatcom County System. ■ Complete system administration and asset control ■ Complete history of service and repairs ■ Discounted rates for budgeted projects ■ Items that are still under original manufacttrer warranty will be covered until expiration of such warranty. ■ Generally, this does not include CorrVis time and expense to process items under warranty for client. • CorrVis assumes no responsibility for previous warranties issued by other companies nor will it extend those warranties. ■ Items out of original manufacturers' warranty will be repaired or replaced based on time and materials expense. ■ Advanced replacements are not provided. e Parts: ■ An inventory of spare parts shall be secured on site at the facility. ■ The inventory will be managed by CorrVis to include ordering of parts and shipping repaired or replaced items to the site. ■ All Spare parts ordered to replenish inventory depletion will be invoiced to the County. ■ To ensure the continuity of the system, all replacement parts will be purchased through CorrVis on an as -needed basis. Contract Amendment #1 C� is, Inc. — Video Visitation Service Agreement JWC v 1I.0 172 Exhibit A Scope of Work, Continued II Response Time: ■ CorrVis will request that the County personnel download and send error reports and status indicators evaluate, track and verify system functionality, provide updates, and identify the status of the field stations. ■ Though this action will occur on a regular basis, it may be required in some cases, that a CorrVis representative travel to the site more complex issues. ■ CorrVis will work with local support staff of the county to resolve issues that may arise via telephone support. ■ CorrVis will respond to emergency situations within 1 hour via telephone and up to 48 hours onsite for service contract customers. i Tr*vel: ■ Under a service agreement, CorrVis is responsible for all travel expenses when vistis are scheduled 14 days in advance. j Any travel during emergency or non -agreement circumstances are subject to invoice prior to responding to service calls. Rats: ■ Rates for service agreements are as outlined. CorrVis has a standard reduced rate that applies to service agreements. For all emergency and non -agreement relationships, the rate will be for time, materials, expenses and may require a deposit prior to responding to the service call. Contract Amendment #1 Cor�Ms, Inc. — Video Visitation Service Agreement JWC vt0 173 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-402 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DR 10-27-10 �- EC E W E D p� Nov 1 6 ,,.2U10 HATCOM COUNTY COUNCIL (� 11/23/10 Finance/Council Division Head: DR 10-27-10 Dept. Head: DR 10-27-10 Prosecutor: rjw 10127110 Purchasing/Budget Executive: TITLE OW DOCUMENT. Juvenile Offender Case Management System Maintenance Contract ATTACHMENTS. Contract for Maintenance on Rite Track Case Management System. SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO Requested Date: S UMMAR Y STA TEMENT 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.) Annual maintenance contract between Whatcom County and Handel Information Technologies Inc. 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. Contract Services Agreement Handel Information Technologies 174 WHATCOM COUNTY Juvenile Court Administration 311 Grand Avenue, Bellingham, WA 98229 LL O M<<,11PUT& DAVID REYNOLDS Director RECEIVED NOV 15 2010 TO: Pete Kremen, Co ty Executive coPETE KREMEN CUTIVE FROM: David Reynold Court Administration RE: Contract for services between Whatcom County and Handel Information Technologies Inc. DATE: October 27, 2010 Enclosed are two (2) originals of the service agreement between Whatcom County and Handel Information Technologies, Inc. for your review and signature. ■ Background and Purpose In 2004, Whatcom County entered into a contract with Handel Information Technologies to develop and implement a juvenile offender case management system. We went live with this system in December 2004. ■ Funding Amount and Source County current expense is the funding source for this contract. The $18,000 cost was submitted in the 2011 budget. Purchase, implementation, and customization, and maintenance of this product is consistent with Whatcom County's MIS project, and the County's strategic planning for technology goals. ■ Differences from Previous Contract There -are no changes to this contract, with the exception of the period of time for service. Please contact me at extension_50143 , if you have any questions or concerns regarding the terms of this agreement, Contract Services Agreement Handel Information Technologies 175 WHATCOM COUNTY CONTRACT INFORMATIONSHEET Whatcom County Contract No. a01 0 / 1 0/ q r Originating Deartment: Juvenile Court Administration + Contract Administrator: David Reynolds Contractor's /Agency Name: Handel Information Technologies Inc Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? 1 Yes No Yes X No Ifyes, previous number(s): Is this a grant agreement? Yes No X If yes, grantor agency contract number(s) i CFDA number i 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 numbers) 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 $ 18,000 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- - $ ,,.0. and supporting memo. If less than these thresholds, just submit to Executive with -Total Amended Amount: supporting memo for approval. - 8000 II I! l Scope of Services Handel Information Technologies Inc. will provide annual maintenance to j Whatcom County in the Rite Track case management system customized for j Juvenile Court Administration. The Rite TrackXP Maintenance Program covers on -going maintenance of the Rite Track system. Included in the maintenance is end -user technical support, system support, database maintenance, changes to system parameters, and system troubleshooting andproblem resolution. I Term o Contract:1-1-2011 Expiration Date:12-31-2011 l Contract Routing Steps & Signoff: [sign or initiall [indicate date transmitted/ 1. Prepared by:_dreynolds Date_IO-27-10 [electronic] 2. Attorney reviewed. rjw Date_10127110 [electronic] ., AS Finance reviewed: bbennett Date_11-12-10 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signof: g-Z4 Date 7. Contractor signed: Date 8. Submitted to Exec Office Date 11-lS-lO [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (f necessary) s 11. Executive signed: 12. Contractor Original 13. Returned to dept, 14. County Original '- to Council "'Contract Services Agreement. Handel. Information Technologies Date Date Date Date this form may need to expand to more than one page 176 COUNTY R I I NAL Whatcom County Contract No. a0/o��v��F CONTRACT FOR SERVICES AGREEMENT Handel Information Technologies Handel Information Technologies , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 1 to 7 , Exhibit A (Scope of Work), pp. 8 to 8 Exhibit B (Compensation), pp. 9 to 9 The term of this Agreement shall commence on the 1 st day of January 2011 and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 day of December 2011 regardless of the dates of signature . The general purpose or objective of this Agreement is to: provide maintenance and customization as Juvenile Offender Case Management System , as more fully and definitively described in Exhibit A here to. 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 $ $18,000 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: Handel ation Technolo ' s en Brande, CEO STATE OF WYOMING ) ) ss. COUNTY OF N—F�.lcNN I ) On this day of i�1d if , 20 _Dbefore me personally appeared _Even Brande_ to me known to be the _Chief Executive Officer and President of Handel Information Technologies Inc. and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. P W"' NOTARY PUBLIC in and for the State of WyorniAg, residin at �l 27k KF�,QIJ. My commission expires m- j iH�Gr�rn C UJ F EGNACZAK NOTARY PUBLIC Y OF STATE OF NY WYOMING IRES DECEA9BER 2&, 2D33 Contract for Services Agreement Handel Information Technologies Page 1 v 1.0 177 WHATCOM COUNTY: Recommended for Approval: //•/O./D Department Direc Date Approved as to form: V. - L � t A � , qh- --" , _'j , Prosecuting Attorney 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. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: HANDEL INFORMATION TECHNOLOGIES EVEN BRANDE, PRESIDENT AND CEO Address: 200 South Third Street Laramie Wyoming 82070 Mailing Address: P.O, Box 1453 Laramie, Wyoming 82073 Contact Name: Even Brande Contact Phone: 307-742-5555 X 101 Contact FAX: 307-742-5554 Contact Email: EVEN(a)HANDELIT.COM Contract for Services Agreement Handel Information Technologies Page 2 v 1.0 178 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 90-19: 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: 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 Handel Information Technologies Page 3 v 1.0 179 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. 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. 31.2 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. Contract for Services Agreement Handel Information Technologies Page 4 v 1.0 180 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 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 race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Contract for Services Agreement Handel Information Technologies Page 5 v 1.0 181 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: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, 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: David Reynolds, Juvenile Court Administrator, 311 Grand Avenue 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 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 Contract for Services Agreement Handel Information Technologies Page 6 v 1.0 182 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: 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 Handel Information Technologies Page 7 v 1.0 183 EXHIBIT A This program provides support Monday through Friday, 8 A.M. to 6 P.M. Mountain Standard Time, 7 A.M. to 5 P.M. Pacific Standard Time. The RiteTrack XP Maintenance Program covers on -going maintenance of the RiteTrack system. Included in the maintenance is end -user technical support, system support, database maintenance, changes to system parameters, and system troubleshooting and problem resolution. The Maintenance Program does not include custom programming, custom survey integration, integration with third -party systems, data conversion, or additional custom - report design. The Maintenance Program does not cover maintenance of computer or network hardware on which RiteTrack resides. The maintenance program includes the RiteTrack XP Update Subscription, which entitles customer to on -going updates of RiteTrack as they are released. All updates will be automatically uploaded onto customer's computer remotely using Windows Terminal Server or Windows Remote Desktop. While each installation of RiteTrack is unique to each customer by making every function table driven and providing a separate "local' container for custom reports and custom functions, the source code at the core of the system is the same in every RiteTrack installation. This means that all of our customers can follow the same update path and ensure that they always have the most current and feature -rich version of the program. Handel generally releases new updates quarterly. The following list outlines the three different methods used to perform maintenance. 1. Phone Support: Maximum response time during standard support hours is 1 hour. 2. Dial -Up Support (using remote control software): Maximum response time during standard support hours is 1 hour. 3. On -Site Support (if problem cannot be solved using option 1 or 2): Handel will provide on -site support within 24 hours of request by customer. For remote maintenance, the customer must provide Handel an Internet connection to a computer available to our support staff. This computer must run either Windows Terminal Server Client or Windows Remote Desktop Client. A permanent broadband connection such as T1 or DSL is the preferred access method and will ensure the best possible support. Maintenance includes RiteTrack end -user technical support, RiteTrack Update Subscription, and changes to system parameters within the scope of the existing RiteTrack framework. A change that involves changing an entry in a data table from lookup tables to system flow or custom fields are all part of maintenance. Adding new functionality to the system that requires us to write additional code, add a new form, or add a new report falls under custom programming. Contract for Services Agreement Handel Information Technologies Page 8 v 1.0 184 Exhibit B The Rite Track Annual Maintenance shall be based on the number of licenses purchased by Whatcom County, and shall not exceed $1500.00 per month or $18,000 per year. Total amount of this contract will not exceed $18,000.00 Billings should be received by Juvenile Court Administration no later than the 5th day of the month following the date the service was provided. Contract for Services Agreement Handel Information Technologies Page 9 v 1.0 185 ACORD- CERTIFICATE OF LIABILITY INSURANCE 09/08/ 010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hub Int'I. Mountain States Ltd ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5420 Yellowstone Road, Suite 1 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cheyenne, WY 82009 307 632-6420 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. Maryland Casualty Company 19356 Handel Information Technologies, Inc. INSURER B: Hartford Underwriters Insurance 30104 PO Box 1453 INSURER C: Laramie, WY 82073-1453 INSURER D: INSURER E_ COVERAGES 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. INSRADD' LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MM D LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 51OCCUR PPS43296970 Microsoft Wo n t M a i n t e n a n 09/15/2010 r d - J e Hand 09/15/2011 10121 l EACH OCCURRENCE $1 000 000 D E TO REN E $ MED EXP (Any one person) $ O 000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRO- POLICY F7 PRO LOC JECT PRODUCTS - COMP/OP AGG s2,000,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 34qEqFjA96V : 0 0/ 0/ 2 6 9 02/04/2010 02/04/2011 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS I UMBRELLA LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ PPS43296970 09/15/2010 09/15/2011 EACH OCCURRENCE $1 00O 000 AGGREGATE $1 OOO 000 $ $ B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? n (Mandatory In NFI) If yes, describe under SPECIAL PROVISIONS below 34WECFQ2369 11/08/2009 11/08/2010 X WCSTATU- ER E.L. EACH ACCIDENT $100000 E.L. DISEASE - EA EMPLOYEE $100,000 E.L. DISEASE - POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Whatcom County is shown as an Additional Insured as their interests may appear on the General Liability policy. Whatcom County 311 Grand Ave Bellingham, WA 98225 Attn: David Reynolds Dpty Juv Crt Admin 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 A111HORIZED REPRESENTATIVE ACORD 25 (2009101) 1 of 2 #S158166/M158160 O 1988-2009 ACORD CORPORATION. T8&hts reserved. The ACORD name and logo are registered marks of ACORD CLZ WHATCOM COUNTY COUNCIL AGENDA BILL No. 2010-018 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Executive Originator: 1ls �`0 l 11-23-10 Session, Council Paula J. Cooper S RE C EWED Division Head: � � .�. �Q Jon Hutchins . NOV 14 6 ; 2010 Dept. Head: Jill �c �(J Frank M.1 art n' �; HATCOM COUNTY Prosecutor: COUNCIL Dan Gibson Purchasin /Budg . Executive: WL TITLE 6FDOCUMENT. Discussion on potential property acquisition by the Flood Control Zone District ATTACHMENTS. 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.) 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. 187 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 72 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator- 9/8/2010 9/14/2010 SCOTW Division Head: 9/28/2010 SCOTW Dept. Head: 10/12/2010 SCOTW Prosecutor: 10/26/2010 SCOTW Purchasin /Bud et 11/09/2010 SCOTW 11/23/2010 SCOTW Executive: TITLE OF DOCUMENT: Discussion re: Draft Ordinance amending code and maps relating to rural land use ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a (tearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMNIARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion regarding a draft ordinance amending Whatcom County Zoning Code Title 20, the Official Whatcom County Zoning Map, and the Whatcom County Comprehensive Plan and Maps, to implement changes relating to rural land use planning COMMITTEE ACTION: COUNCIL ACTION: 5/14/2010: Discussed. Schedule again on 9/28. (Hope to 9/14/2010: Motion to refer the establishment of a Introduce the first meeting in October). LAMIRD in a portion of the CAITAC property north of 9/28/2010: Held to 10/12/2010 Special COTW Bellingham to the Planning Commission for review 10/12/2010: Amended and Held in Committee and hearing.5-2, Weimer & Mann opposed 10/26/2010: Pulled from the agenda 11/09/2010: Amended. Councilmembers asked staff to submit a version with revisions made so far, including the markup comments. Hold in Committee for two weeks. Related County Contract #: Related File Numbers: Ordinance or Resolution AB2010-72 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. (11/15/2010) Dana Brown -Davis -Rural Element Comprehensive Plan draft Page 1 From: Gary Davis To: Council@co.whatcom.wa.us CC: Karen Frakes; Roxanne Michael; Sam Ryan; Samya Lutz Date: 11/10/2010 2:01 PM Subject: Rural Element Comprehensive Plan draft Place: Council@co.whatcom.wa.us Attachments: 20101109-council-compplandrafti nprogress. pdf Per Council's request, attached is the most recent draft of the Comprehensive Plan chapter. The red underlined wording is the proposed new wording in the September 7 draft. The new wording that is also highlighted in pink and labeled with a "Comment" bubble in the right margin is wording that was changed by Committee of the Whole votes after September 7. This version of the draft has also been published on the Rural Element "Proposed" web page at http://www.whatcomcounty.us/pds/plan/long/projects/lamird/proposed.jsp so the public can review it as well. As always, please let me know if you have questions. Gary Davis, AICP Senior Planner Whatcom County Planning & Development Services 360-676-6707 ext. 50246 We Whatcom County Comprehensive Plan Proposed Amendments OVERALL LAND USE - INTRODUCTION ISSUES, GOALS, AND POLICIES 8,-2010 - - Deleted: September 7 County Council Draft Chapter Two LAND USE Issues for this section were drawn from those identified in the Whatcom County: Next Generations Visioning Process and reinforced during the Whatcom 2031 visioning process. Numerous meetings, surveys/questionnaires and other methods were used to identify what was important to people in Whatcom County. Accommodating Growth Community Value Statements encourage concentrating growth into urban areas. This allows for efficient provision of services and preservation of rural areas as quiet, open spaces where development pressures are not such that extraordinary regulations must be imposed. A distinct boundary is e� eded,petween rural and urban areas, discouraging Deleted: also sprawl, maintaining desired rural lifestyles, and conserving agricultural land. ` ` 'I Deleted: encouraged GOAL 2A: Ensure provision of sufficient land and densities to accommodate the growth needs of Whatcom County and protect the qualities that make the county a desirable place to live. Policy 2A-1: Concentrate urban levels of development within designated urban growth areas. Policy 2A-2: raw a distinct boundary between urban and rural uses. Deleted: where existing -- — -. development does not already Policy 2A-3: Provide a range of land uses which considers locational and prohibit it, draw market factors as well as required quantities of land. Policy 2A-4: Designate land uses that reflect the best use of the land. Policy 2A-5: Provide predictability to property owners in land use designation. Policy 2A-6: Allow appropriate development in existing small self-contained communities through the use of the "Rural gommunity"_land_ use - Deleted: smauTown designation. Policy 2A-7: Provide sufficient and appropriately located residential, commercial, and industrial lands. Page 1 of 29 I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 190 Whatcom County Comprehensive Plan ,_2010 _ - - Deleted: September 7 Proposed Amendments County Council Draft Policy 2A-8: Include business/industry parks, tourist/resort areas and allowance for existing crossroads commercial areas within urban_ Deleted: areas growth areas or limited areas of more intensive rural development. Deleted: in commercial lands designations Policy 2A-9: Retain existing rural and heavy industrial areas in the northwestern region of the county within urban growth areas or limited areas of more intensive rural development. Resort Communities and Master Planned Resorts The County's resort areas are important to tourism and provide numerous and varied recreational opportunities for county residents and visitors. Historically important resort areas include Birch Bay, Point Roberts, Semiahmoo, and the Mount Baker winter recreational area. Pesort communities, providee�recreational�pportunities for residents of Deleted: New developments have _ for - - _ the surrounding areas. expanded the role of the r Deleted: in GOAL 2B: Encourage the continued viability of existing resort Deleted: ing communities and allow the development of new Master Deleted: and employment Planned Resorts in the future. Policy 2B-1: Support the economic viability of the County's tourist industry by permitting master planned resorts in places with significant natural amenities within urban growth areas through the planned unit development process. Policy 213-2: New large-scale resort development in rural areas outside of UGAs and outside established resort areas should only be _ _ - Deleted: , _ permitted as Master Planned Resorts and only when substantially in compliance with these policies and with RCW 36.70A.360. Policy 26-3: Work with property owners in the resort communities to develop an understanding of the unique needs of these areas and evaluate land use regulations for their responsiveness to these needs. Policy 213-4: New resort development and Master Planned Resorts should be developed consistent with the development regulations established for critical areas. Policy 28-5: No new urban jand uses should be_ allowed in the vicinity of , _ - Deleted: or suburban Master Planned Resorts, except in areas otherwise designated as urban growth areas under the Comprehensive Plan. Regions of Whatcom County Page 2 of 29 I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress. doc 191 Whatcom County Comprehensive Plan Proposed Amendments ##, 2010_Deleted: September 7 County Council Draft Whatcom County is a large and diverse county. People living in different parts of the county have different priorities and understanding of what constitutes rural and urban lifestyles. It is important to citizens to emphasize these regional differences. GOAL 2L: Recognize the important regional differences within Whatcom County. Policy 2L-1: Use the subarea planning process to identify and support distinctions among different areas of the county. Policy 2L-2: Retain and periodically update the adopted Subarea Plans (Lummi Island, Cherry Point -Ferndale, Lake Whatcom, Urban Fringe, Lynden-Nooksack Valley, Chuckanut-Lake Samish, Birch Bay -Blaine, Foothills, Point Roberts, South Fork Valley, and Eliza Island). Subarea Plans represent a long, history of plan development in Whatcom County and provided the foundation for the county's first Growth Management comprehensive plan adopted in 1997. a. Utilize a process which ensures consistency between the Whatcom County Comprehensive Plan and subarea plans. The subarea plan update process should include the following steps: 1) Consistency Analysis. The County should review subarea plans based on the priority order in subsection "b" for gaps, overlaps, or inconsistencies. Topics include, but are not limited to, plan boundaries, growth forecasts, land uses, capital facilities and services, horizon year, and other appropriate issues. 2) Regional and Local Government Coordination. The County should consult and coordinate with cities where city -associated UGAs are included in subarea plan boundaries. 3) Public Participation. Each subarea plan update process will be based on a public participation program that addresses citizen input on the key issues associated with the subarea plan update. 4) Subarea Plan Amendment. Only those portions of existing subarea plans in conflict with the Comprehensive Plan are required to be amended. Local issues of concern or changed conditions may be addressed. 5) Comprehensive Plan Revisions. Where the subarea plan process recommends growth levels, growth boundaries, or other essential features, Comprehensive Plan amendments will be considered in conjunction with the subarea plan update process. Land capacity analysis may also be updated if appropriate. Page 3 of 29 hPlanning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 192 Whatcom County Comprehensive Plan a, 2010 Deleted: September 7 Proposed Amendments County Council Draft Policy 2L-3 Policy 2L-4: b. Prioritize update of subarea plans. Subarea plans should be updated in the following order. 1) Post-GMA Subarea Plans addressing UGAs. These subarea plans should be amended during Whatcom County's 7-Year Review scheduled for completion in 2011. Subarea plans addressing UGAs associated with a city should be coordinated with the city's comprehensive plan update process. 2) Post-GMA Subarea Plans addressing Rural Areas. These subarea plans should subject to a consistency review. If significant inconsistencies are found, these should be considered for potential update during Whatcom County's 7-Year Review scheduled for completion in 2011. Minor updates may be considered through the County's docket process in subsequent years. 3) Pre-GMA Subarea Plans. These should be updated in accordance with County department work programs or the docketing process. Priority criteria may be used to determine the order of update. Example criteria include: a) whether update is needed for health, safety, or welfare concerns; b) whether there is a city -associated UGA included in the subarea plan boundaries — in which case, the subarea plan update could be timed to be developed in association with or following city comprehensive plan update process; c) whether the subarea plan would benefit from broader policy concepts to be completed in advance or in tandem, such as agricultural land protection measures; d) whether a significant policy objective would be met by amending the plan. In the event there is an inconsistency between a Subarea Plan and the Whatcom County Comprehensive Plan, the Whatcom County Comprehensive Plan shall prevail. Emphasize forestry uses with some provision for rural and agricultural uses in the south and southeastern regions of the county. ,&QQort the rural -economic base by_permittina natural resource, s' cottagerindustries, forestry,_fishing, and agriculture_in rural areas,_. as well as commercial and industrial activity contained within designated Rural Communities Page 4 of 29 I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc Deleted: Expand Deleted: supporting Deleted: , and light Deleted: allowing for Deleted: some Small Towns Deleted: in appropriate regions of the county 193 Whatcom County Comprehensive Plan a, 2010 _ _ - J Deleted: September 7 Proposed Amendments County Council Draft Policy 2L-5: Emphasize agriculture in the north central regions of the county. RURAL LANDS — INTRODUCTION r Purpose The purpose of the Rural Lands section is to provide direction for land use decisions in the rural areas of Whatcom County. r GMA Requirements The state Growth Management Act GMA requires counties to include a Rural element in their comprehensive plan in accordance with RCW 36.70A.070. GMA defines rural lands as those that are located outside urban growth areas and which do not include designated agriculture, forestry, or mineral resource lands of long-term commercial significance. Agriculture, forestry and mineral resource lands are addressed separately in Chapter 8: Resource Lands. GMA requires counties to provide for a variety of rural densities and uses in its rural areas, and to adopt measures to protect the rural character of the area, as established by the county. The GMA (RCW 36.70A.030(15)) defines rural character" as `patterns of land use and development established by a county in the rural element of its comprehensive plan: (a) In which open space, the natural landscape, and vegetation predominate over the built environment: (b) That foster traditional rural lifestyles, rural -based economies, and opportunities to both live and work in rural areas: (c) That provide visual landscapes that are traditionally found in rural areas and communities: (d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat: (e) That reduce the inappropriate conversion of undeveloped land into sprawling, low -density development: (f) That generally do not require the extension of urban government services; and (g) That are consistent with the protection of natural surface water flows and ground water and surface water recharge and discharge areas." i GMA allows counties to designate "limited areas of more intensive rural development" LAMIRDs) where more intensive uses have been established within their rural areas. Counties making such designations must adopt measures to minimize and contain these areas within boundaries and not permit the more intensive uses and densities to extend beyond those boundaries. ---------------------------------------------------------------- Page 5 of 29 I:1Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc Deleted: Process¶ 7 The issues, goals, policies, and action plans of the Rural Lands section were derived from the public input gathered and synthesized by the Whatcom County: The Next Generations Visioning Committee.¶ Deleted: Background Summary¶ Maintaining the rural character and lifestyle is very important to Whatcom County residents. Typical uses in the rural areas include a mixture of low - density residential, pasture, agriculture, woodlots, home occupations, and cottage industries. The distribution of rural land use is adjacent to agricultural, forestry, and urban land uses and often provides a buffer between urban areas and commercial agriculture and forestry uses.¶ The population growth for Whatcom County from 2000 to 2022 is projected to be 68,103 for a total 2022 population of 234,917. This represents an increase of approximately 4,328 people in the areas of Whatcom County that are currently unincorporated and outside of permanent UGAs. A study of the potential subdividable land in the areas of the County zoned Rural one dwelling/five acres (R5A) found that out of 85,588 acres inventoried, about 213 of the acreage was in parcels 10 acres or larger in 2002. This indicates that there is potential for future land division in the rural portions of the county under current zoning regulations. Conceivably, the rural landscape could look different in the future if the current rural zoning is retained. ¶ People in Whatcom County, through the Visioning Process, defined rural character as a variety of low densities, open spaces, privacy, peace and quiet with less traffic noise and congestion than found in urban areas. Retaining a sense of community and maintaining local control in land use decisions were also components of rural identity.¶ 4 RURAL LANDS — ISSUES, GOALS, AND POLICIES¶ Rural Character and Lifestyle¶ County residents describe rural character and lifestyle as open space, quiet areas/privacy, largely agricultural and forestry orient 194 Whatcom County Comprehensive Plan a, 2010 . - - Deleted: September 7 Proposed Amendments County Council Draft Rural Character and Lifestyle Whatcom County's rural areas are characterized by a mixture of historic rural communities, pasture, agriculture, woodlots, home occupations, and cottage industries. The rural areas provide an important buffer between urban areas and resource lands, and the character of the rural areas is differentiated from the urban areas by less intensive uses and densities, and greater predominance of vegetation, wildlife habitat, and open space. This plan recognizes that each rural area or community has a unique character in terms of established development pattems. The majority of the rural area is characterized by the types of visual environment and land uses traditionally considered rural, while a small Dortion has been developed with more intensive uses — either smaller -lot residential or business uses. This plan, consistent with GMA requirements, supports limited more intensive rural uses, while preventing them from having a negative impact on the character of the less developed rural areas, or on adjacent resource lands. GOALMD: Retain the character and lifestyle of rural Whatcom County. Policy 2DD-1: Concentrate Ithe majority of browth in urban areas and recognize . _ - Comment[Gl]: Added perCOTw rural lands as an important transition area between urban areas vote 1119110 and resource areas. Policy 2DD-2: Protect the character of the rural area in terms of natural landscape as well as rural lifestyles and economy, per the GMA definition of rural character (RCW 36.70A.030(15)). Protect and value clean water and air, the natural environment forested lands agriculture, parks, trails, and open space that provide for a high - quality rural lifestyle. Policy 2DD 3: Encourage property_ owners to conserve forested areas, , , - Deleted: 8 agricultural land, and open space by utilizing current -use taxation provisions (RCW 84.34). Policy 2DD-4 Conserve open space, park land, and trails for recreational use, as well as to protect essential habitat such as riparian areas and wetlands. Policy 2DD-5: Use an "Agriculture Protection Overlay Zone" designation in certain Rural zoned areas as a way to help achieve the goal of conserving and enhancing Whatcom County's agricultural land base. Policy 2DD-6: In the "Agriculture Protection Overlay Zone" on parcels 20 acres and larger with Rural 5 acre and Rural 10 acre zoning, require non -agriculturally related development to be clustered on a maximum of 25 percent of the available land with the remainder available for open space and agricultural uses. Development Page 6 of 29 I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 195 Whatcom County Comprehensive Plan A#,_2010 _ _ Deleted: September 7 Proposed Amendments County Council Draft standards shall provide flexibility to achieve development potential in cases of natural limitations. Policy 2DD-7: Maintain the historic character and cultural roles of each rural area and community. Policy 21DD-8: Support more intensive uses in rural areas, which provide public and commercial services and employment opportunities, while preventing them from spreading in pattems of sprawl development and having an adverse impact on surrounding rural areas. Policy 2DD-9__ _ Adopt mandatory and incentive programs, such as purchase_ of _ , - Deleted: 2 development rights, transfer of development rights, and tax deferrals, to achieve desired land use policies in rural areas and in areas where there are compelling reasons to do so, and allocate sufficient resources to achieve the desired outcome. Rural Services Development in rural areas should not receive urban levels of service bxceDt where necessary to protect public health, safety, and the environment. ( Services should be_ _ , - { Comment [G2]: Added per COTW j coordinated to ensure that rural areas receive appropriate services including law vote 9/14/10 J enforcement protection, fire protection, and emergency services. The Whatcom County Public Works Department maintains county roads. Most of the residential development in rural areas uses individual on -site septic systems. Some drinking water is provided by on -site wells and in other cases it is provided by water bistricts or water associations , - Comment [G3]: Added per COTW vote 9/14/10 GOAL 2EE: Ensure that rural areas are provided with services consistent with the rural character and that development patterns do not encourage an increased service level or degrade water quality. Policy 2EE-1: Recognize domestic water systems, volunteer fire protection, emergency services, law enforcement protection, transportation, public transit services and public utilities typically associated with rural development as appropriate services in designated rural areas. Rural services do not include storm or sanitary sewers. Policy 2EE-2: Coordinate and plan public facilities, services, roads and utilities to ensure that rural areas have appropriate and adequate rural levels of service necessary to maintain a rural lifestyle. Coordinate with rural service providers to ensure efficient and effective service to rural areas. Policy 2EE-3: Pursue opportunities for implementing concurrence fees to help Pay for critical rural services such as fire and emergency service. Page 7 of 29 hPlanning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 196 Whatcom County Comprehensive Plan Proposed Amendments &, 2010 _ _ - Deleted: September 7 County Council Draft Policy 2EE-4: Prohibit extension or expansion of public sewer systems outside urban growth areas or LAMIRDs except where it is necessary to protect public health and safety and the environment, and when such services are financially supportable at rural densities and do not permit urban development. Policy 2EE 5:_ Ensure that adequate on -site wells and on -site sewage and septic _ _ -randusenvironmental d: -3-5: systems are properly installed, monitored, and maintained. _ _d: Provide technical Provide technical assistance to property owners, and require nce to property owners, and necessary improvements when needed to protect health, safety necessary improvements eeded to protect health, safety and environmental Quality. quality. Policy 2E6 Promote better land use practices and protect water quality by _ _ - Deleted: -5-6: encouraging landowners and developers to investigate and implement innovative subdivision, septic system designs, and stormwater management. ,Policy 2EE-7: Ensure county coordination with service providers to determine if _ - - Deleted: Policy 2-: Ensure county new or infill development will have necessary services. Require coordination with service providers to concurrent review of new development to ensure adequate level determine if new or infill development will have necessary services. Require of service at rural standards are available at the time of concurrent review of new development. development to ensure adequate level of service at rural standards are available at the time of development.¶ Policy 2EE-8: Public services and public facilities necessary for rural commercial and industrial uses shall be rural in nature limited to those necessary to serve the use, and provided in a manner that does not permit low -density sprawl. Uses may utilize urban services that previously have been made available to the site. Rural Employment Opportunities Many residents in rural Whatcom County depend on cottage industries, home occupations, small businesses, and natural resource -based jobs for their livelihood. These types of businesses support the local economy and are compatible with the rural lifestyle desired by county residents. Commercial and light industrial uses located within Rural Communities and Rural , Business areas are also important contributors to the local economy. providing iobs and services to rural residents., GOAL 2FF: Provide employment opportunities in the rural parts of Whatcom County. Policy 2FF-1: Support small businesses, cottage industries, home occupations, resource -based and other appropriate light industry in the rural areas of Whatcom County. New rural commercial and industrial uses that are more intensive than those permitted within rural zones as home occupations or cottage industries should be located within designated Rural Communities and Rural Business areas. Page 8 of 29 I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc Deleted: Light industry is another important contributor to the local economy. Currently, most light industry is located along Guide Meridian, along the Interstate-5 corridor, or in urban areas. Deleted: Expanding light industry in other parts of the county would generate revenue for local school districts and increase the tax base. Results from the Visioning Process encourage the establishment of a Business/Light Industrial Park or Rural Industrial areas in the eastern part of the county where appropriate as long as the industry does not negatively impact surrounding uses, the environment, or water quality. The intent is to provide job opportunities close to unincorporated urban growth areas and small towns. 197 Whatcom County Comprehensive Plan Proposed Amendments ,#, 2010- _ _ - Deleted: September 7 County Council Draft p9licy2FF-_2• _ _ _ _ _ _Support resource -based industries that require only rural services, - _ ---Deleted: Policy 2FF-3: Limit strip conserve the natural resource land base, and help maintain the `, development and the size and rural character and lifestyle of the communit ssure ode uate ty y A _ _ _ _ _ _ _ g _ _ _ number of Crossroads Commercial businesses to avoid traffic problems. ' facilities, mitigation and buffers through development regulations. 4 Deleted:4 • -- - -—-- - - - - -- -- -------- - - - - -- Policy 2FF 3: Ensure that business operations do_not adversely_impact adjacent_', residential, agricultural or forest land_or compromise water quality `,' Deleted: Locate resource -based industries near small towns or and quantity, crossroadscommunities.Resource- • - - - - - - - - - - - - - - - based industries with up to fifty employees may be approved by ,Eolicy 2FF-4: Allow home -based occupations and cottage industries throughout '' conditional use, provided that the industry processes agricultural or the rural area provided they do not adversely affect the-'';' `, ,% , surrounding residential uses or rural character. forestry products that are predominantly locally grown. Deleted: ¶ Policy 2FF-5: Retain existing RURAL LANDS —LAND USE tourist/resort/smalltown commercial designations throughout Whatcom 10 County.¶ ,,' Deleted: 6 Rural Designation it it 11 Deleted: neighbors, ' Lands designated as Rural include a variety of uses and densities. Traditionally `t Deleted: , or infringe on productive agricultural and forest land Whatcom County's rural areas have been characterized by a spectrum of uses ranging from farms and large -lot residential areas to recreational communities and small towns. Deleted: Policy2-: New rural commercial and industrial uses should be located principally within designated areas to avoid the proliferation of commercial area. businessesthrougmitedhout a commrural ercial However, certain limited commercial uses, resource -related uses, home occupations, cottage industries and other nonresidential uses maybe permitted if carefully reviewed, conditioned and found to be compatible with rural areas. To encourage efficient use of the land, the broadest range of commercial and The more intensive uses in that spectrum (commercial/industrial areas and residential areas with densities greater than one unit per acre) are contained within the boundaries of Rural Community, Rural Tourism, or Rural Business desiqnations (LAMIRDs) and Rural Residential Overlays. The remainder of the rural areas are designated Rural and contain traditional rural residential and farm uses as well as small home -based and conditionally -permitted businesses. The rural character of the lands designated as Rural should not be compromised by the encroachment of more intensive development. Commercial and industrial uses in the rural areas not contained within a Rural Community designation must meet GMA criteria for isolated small-scale tourism or business uses (RCW 36.70A.070(5)(d) ii and (Ill). industrial uses should be allowed in The GMA does not set a maximum allowed residential density for rural areas. A large g such areas d development, with realer use and development, with greater limitations placed upon such uses within areas devoted predominantly to residential use. ¶ Policy 2-: Public services and public facilities necessary for rural commercial and industrial uses shall be rural in nature, limited to those necessary to serve the use, and majority of the lands designated as Rural are zoned for one residence per five or ten acres, however, a small proportion has been developed under a zoning allowing lots smaller than five acres where public water service is available. These areas have their own unique rural character (as compared with the higher densities contained within LAMIRDs) and they serve to provide a needed variety of rural densities However, it is important to maintain the character of the more traditional rural areas and prevent expansion of the smaller -lot rural areas beyond their traditional limits. provided in a manner that does not permit low -density sprawl. Uses may utilize urban services that previously Goal2GG: Designate Rural areas to contain a variety of uses and have been made available to the site.¶ ¶ a densities while retaining their traditional rural character. Policy 2GG-1: Provide a variety of residential choices at rural densities which are RURAL LANDS -LAND USE¶ compatible with the character of each of the rural areas. Page 9 of 29 I:\Planning Division\long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc Whatcom County Comprehensive Plan Proposed Amendments M, 2010_ _ - - Deleted: September 7 County Council Draft Policy 2GG-2: The Rural designation should include areas of traditional rural uses and densities. de Rs'tie s ho.. eVeF the Rural edod nation m also include wFal ciedent'al aFeas where h'ghe,r densities have, been establishedd. While the large maiority of the Rural designation is characterized by densities at or below one unit per five acres, the Rural designation may also include rural residential areas where higher densities have been established. 'More intensive development should be contained within Rural Community, Rural Tourism, or Rural Business designations, which are limited areas of more intensive rural development (LAMIRDs) unless justified by the existing rural character of the area'. Policy 2GG-3 In the Whatcom County Code, the Rural and Rural Residential zoning districts should include Rural Residential Density Overlays that may be applied to areas within the Rural designation where smaller -lot rural residential development has already occurred. The overlay should allow for infill development with lot sizes consistent with those of surrounding lots, where public water service is available. The overlay should limit eligibility of lots based on the percentage of surrounding lots that are developed, and should establish a maximum density that may be achieved using the overlay. The Rural Residential Density Overlays should not be expanded into areas where smaller -lot development has not occurred such expansion is not consistent with maintaining the traditional character of the surrounding rural areas. Policv2GG-4: peZ nos freen eRe edwe!Hn nit r ten aGFe /o_IW acres R_2A) o not consistent with FArota** e. the traditional d+ssearaged.. !Permitted uses and densities within the Rural designation should reflect established rural character. 13ezones within the Rural designation should be consistent with the established rural character and densities Within the area fer-rezeai in the general area of the proposed rezone.) Policy 2GG-5: Minimize potential conflicts of rural residential development near designated natural resource lands to prevent adverse impacts on resource land uses and the conversion of farm and forest land to non -resource uses. Comment [G4]: Deleted per COTW vote 9/28/10 _ - - 4 Comment [GS]: Added per COTW vote 11/9/10 Comment [G6]: Added per COTW vote 11/9/10 Deleted: 2DD-10 Formatted: Strikethrough Comment [G7]: Deleted per COTW vote 9/28/10 ` Comment [G8]: Added per COTW vote 11/9/10 Comment [G9]: Added per COTW vote ]0/12/10 Comment [G10]: Revised per COTW vote 11/9/10 Policy ,GG!-_6: ..... Provide landowners with incentives and options to develop their _ , - Deleted: 2DD-3 property at densities that may be less than the underlying zone, particularly when necessary to orotect critical areas and high- fComment [G11]: Added per COTW value resource lands). 10/12/10 vote Page 10 of 29 I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 199 Whatcom County Comprehensive Plan Proposed Amendments &, 2010- _ _ - Deleted: September 7 County Council Draft Policy 2GGA Ensure that flexible development patterns such as cluster_ Comment [G12]: Correct❑umbering subdivisions effectively preserve open space and agricultural land in remainderofp❑hcies and do not create the need for more intensive rural services. .J;Gy 7f_G 11 • Anew develn.,ment rural aFeas only when a ... kweJ of rleG2S$a ^SerViEeS-16-6rOW ed but "'~^r Ce^;^^c ^^+ Comment [slkll3]:Deleted per cut vote 11/9/10- follow up- where - - - - - - - - - - - - - - - -- - - - - - - - - does this come from? Is it covered - - elsewhere - in 2130 Policy 2GG-12: Development within Rural designations should be consistent with rural character as described in this chapter. Policy 2GG-13: IDecisions regarding zoning within the Rural designation including permitted and conditional uses should take into account the cumulative impacts of uses allowed by administrative approval and conditional use permit over time.l _ - Comment [slk[14]: Follow ❑p-how ----------------------- to define or measure `cummulative impacts'? Rewording? Implications? Limited_Areas of More Intensive Rural Development (LAMIRDs RCW 36.70A.070(5)(d)(i) through ON) allows counties to designate limited areas of more intensive development (LAMIRDs) for three types of development patterns in the rural areas: • Type I: "Rural development consisting of the infill development, or redevelopment of existing commercial industrial residential, or mixed -use areas..." Existing development is defined as that which existed on July 1, 1990. • Type Il: "The intensification of development on lots containing or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those... uses, that rely on a rural location and setting..." • Type III: "The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses but do provide job opportunities for rural residents..." Areas designated in this plan as Rural Communities are Type I LAMIRDs. Rural Tourism designations are Type II LAMIRDs and Rural Business designations are Tvpe III LAMIRDs. The_purpose of LAMIRDs is to place limits on more intensive development and prevent it from adversely affecting the character of the surrounding rural areas. Type I LAMIRDs are areas characterized by more intensive uses at the time Whatcom County began planning under GMA, while Type II and III LAMIRDS apply to lots that contain isolated Comment [G15]: Added per COTW vote 11/9/10 - Comment [G16]: Added per COTW - - - vote 11/9/10 Goal 2HH: Establish LAMIRD Designation Criteria Page 11 of 29 I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 200 Whatcom County Comprehensive Plan Proposed Amendments Policy 2HH-1: Designation criteria for Type I LAMIRDs 2010_ _ - - j Deleted: September 7 County Council Draft A. Location Criteria. Type I LAMIRDs may be designated in an area that: 1. Was characterized by existing development land - Formatted: Bullets and Numbering intensive than surrounding rural areas (residential land or L - - - Comment [G17]: Revised per COTW non-residential) as of July 1, 1990, and vote 11/9110 2. Is not currently designated by the Comprehensive Plan as Urban Growth Areas (UGAs) or Resource Lands, and B. Additional Location Criteria. The following may serve as additional criteria for Type I LAMIRD designation (relative to the specific circumstances of the area; and in combination with each other): 1. The existing (1990) residential built environment was more intensively developed than surrounding areas; 2. Public services are available to serve potential infill, such as adequate potable water and fire protection, transportation facilities, sewage disposal and stormwater control; or 3. The area is planned for more intensive development in a post-GMA local subarea plan. �4. Existing zoning prior to designation as a Type I LAMIRD, except existing zoning may not be a sole criterion for designation C. Outer Boundary Criteria. For land meeting the criteria described in A and B above, Type I LAMIRD boundaries must minimize and contain areas of intensive development and be delineated predominately by the built environment, and shall include: 1. Parcels that were intensively developed and characterized by the built environment (including water lines with capacity to serve areas of more intensive uses) on July 1, 1990. 2. Parcels that on July 1, 1990 were not intensively` developed may be included within Type I LAMIRD boundaries if they meet any of the following conditions: a. Including the parcel helps preserve the character of an existing (built) natural neighborhood: b. Including the parcel allows the logical outer boundary to follow a physical boundary such as bodies of water, streets and highways, and land forms and contours; c. Including the parcel (or in limited cases, a portion of the parcel) prevents the logical outer boundary from being abnormally irregular; Page 12 of 29 I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc Comment [G181: Added per COTW vote 11/9/10 - i Formatted: Bullets and Numbering 201 Whatcom County Comprehensive Plan Proposed Amendments &, 2Q10_ _ _ - Deleted: September 7 County Council Draft d. Including the parcel is consistent with efficient provision of public facilities and services; e. Including the parcel does not create a new pattern of low -density sprawl. Policy 2HH-2: Designation criteria for Type II LAMIRDs A. Location Criteria. Type II LAMIRDs may be designated on land that: 1. Consists of one lot or more than one lot in common~ - Formatted: Bullets and Numbering ownership, and 2. Is not currently designated by the Comprehensive Plan as Urban Growth Areas (UGAs) or Resource Lands, and 3. Is characterized by the intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those uses, that rely on a rural location and setting, but that do not include new residential development. B. Additional Criteria The following serve as additional criteria for Type II LAMIRD designation: 1. The area must rely on the rural location or setting for its' " use, and 2. The area may include residential development existing on September 20, 2005, but not new, and 3. The area may serve more than the local existing & proiected rural population, and 4. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low -density sprawl. and Policy 2HH-3: Designation criteria for Type III LAMIRDs A. Location Criteria. Type III LAMIRDs may be designated on land that: Formatted: Bullets and Numbering 1. Is not currently designated by the Comprehensive Plan as. - - - Formatted: Bullets and Numbering Urban Growth Areas (UGAs) or Resource Lands, and 2. Consists of a lot or small group of lots that either: a. Contained nonresidential uses on September 20, 2005 and was located within a commercial, manufacturing, or industrial zoning district at the time of original county -initiated designation, or b. Contain cottage industries or small scale businesses established after September 20, 2005, or proposed to Page 13 of 29 I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 202 Whatcom County Comprehensive Plan 48,2010 Deleted: September7 Proposed Amendments County Council Draft be established, total area not being smaller than one acre or larger than ten acres, such lot or group of lots being located no less than one mile by public road from the edge of an Urban Growth Area or another LAMIRD area, regardless of type. B. Additional Criteria. : 1. A Type III LAMIRD designation on a lot or small group of lots containing nonresidential uses on September 20, 2005 should be separated from other LAMIRD designations, regardless of type, by no less than one-half mile by public road. 2. In the event that the listed criteria result in the need to choose one proposed designation over another, preference is -given to a proposed use that: a. Provides the greatest number of Rob opportunities for rural residents. b. Is located at a controlled public road intersection. Rural Communities Rural Communities are areas that have historically served as centers of activity and services for surrounding rural areas, or have been established as more intensive rural residential development. In many cases, they are served by public services and facilities, including schools, libraries, post offices, and public transportation. These areas are Type I LAMIRDs and include small unincorporated towns and other areas where a concentration of commercial and public uses have been in existence since before the adoption of the GMA in 1990. Typically, these are mixed -use areas containing both residential and nonresidential uses developed at a greater intensity than is generally found in outlying rural areas. This more intensive development is contained within the boundaries of the Rural Community designations, preventing the expansion of more intensive uses and densities into the surrounding rural areas. Because undeveloped lots may be included within Rural Community boundaries, infill development is possible, but at an intensity consistent with the development that existed in 1990. Areas designated as Rural Communities are: Acme, Cain Lake, Custer, Deming, Diablo, Eliza Island, Emerald Lake, Fort Bellingham/Marietta, Glacier, Hinotes Corner, Kendall, Lake Samish, Laurel, Lummi Peninsula, Maple Falls, Newhalem, North Bellingham, Nugents Comer, Point Roberts, Pole & Guide Meridian, Sandy Point/Sandy Point Heights, Smith & Guide Meridian, Sudden Valley, Van Wyck, and Wiser Lake. GOAL 2JJ: Designate areas of more intensive rural development that existed on July 1, 1990 as Rural Communities. Page 14 of 29 IAPlanning DivisionlLong Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc - - - j Formatted: Bullets and Numbering 203 Whatcom County Comprehensive Plan ,2010 _ - - Deleted: September 7 Proposed Amendments County Council Draft Policy 2JJ-1: Areas designated as Rural Communities shall meet the criteria stated in this chapter and the requirements of RCW 36.70A.070(5)(d)(i), which describes limited areas of more intensive rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed -use areas, including necessary public facilities and public services to serve the limited area. Policy 2JJ-2: Boundaries of Rural Communities shall meet the criteria stated in this chapter, and the requirements of RCW 36.70A.070(5)(d)(iv), which requires limited areas of more intensive rural development to be clearly identifiable and contained within a logical outer boundary delineated predominately by the built environment as it existed on July 1, 1990. Policy 2JJ-3: Additional Rural Communities shall not be designated, nor shall boundaries of Rural Communities be changed unless the area of the proposed addition meets the criteria stated in this chapter, and requirements of RCW 36.70A.070(5)(d) . Designated Resource Lands should not be redesignated as Rural Communities. Policy 2JJ-4: Development within Rural Communities should be consistent with the existing character of the area and new development or redevelopment shall be similar to the use, scale, and intensity of the development that existed on July 1, 1990. Policy 2JJ-5: Lands inside Rural Community designation boundaries that are within low -density residential (lot size five acres or greater) or resource zones, or are federally owned, shall not be re -zoned to allow more intensive uses and densities. Policy 2JJ-6: Land uses within Rural Communities, except for industrial uses, shall be principally designed to serve the existing and projected rural population. Policy 2JJ-7: Encourage future public participation activities to develop additional planning goals and policies specific to residents' needs and preferences in individual Rural Communities. Rural Tourism Whatcom Countv's scenic rural areas are enioved by residents and tourist alike. Small scale recreation and tourist uses that rely on a rural setting provide income opportunities for rural residents and contribute to the local economy. GMA allows counties to designate new Type 11 LAMIRDs for new isolated small-scale tourist uses. The Rural Tourism designation limits and contains such uses, which can be more intensive than surrounding rural use Page 15 of 29 I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 204 Whatcom County Comprehensive Plan Proposed Amendments , 2010_ _ - - Deleted: September 7 County Council Draft GOAL 2KK: Provide opportunities for small-scale recreational or tourist uses in rural areas. Policy 2KK-1: Lands designated for Rural Tourism shall meet the criteria stated in this chapter, and the requirements of RCW 36.70A.070(5)(d)(ii), which describes limited areas of more intensive rural development consisting of the intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those uses, that rely on a rural location and setting, but that do not include new residential development. Policy 2KK-2 Designated Resource Lands shall not be redesignated as Rural Tourism. Rural Business Manv businesses have been established in commercial and industrial zones outside of Rural Community areas. These uses, which are more intensive than those found in surrounding rural areas, provide commercial services and job opportunities for rural residents. The Rural Business designation permits uses to continue while preventing the spread of businesses in sprawl development patterns, or increasing the intensity of development inconsistent with surrounding rural character. GMA allows counties to designate new TvDe III LAMIRDs for new isolated small-scale businesses. To ensure that these uses remain isolated and do not lead to strip development, criteria for Rural Business designation include spacing requirements from other Rural Business designations as well as Rural Communities and Urban Growth Areas The areas designated Rural Business under Type III guidelines are: Birch Bay-Lynden & 1-5, Blue Canyon, Guide Meridian Border Crossing, North Lake Samish & 1-5, Slater & Elder, Van Zandt, and Welcome. GOAL 2LL: Designate Rural Business areas to limit and contain nonresidential uses. Policy 2LL-1: All lands designated Rural Business shall meet the Type III LAMIRD designation criteria stated in this chapter, and the requirements of RCW 36.70A.070(5)(dXiii), which describes limited areas of more intensive rural development consisting of the intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses. Policy 2LL-2: Uses in the Rural Business designation need not be principally designed to serve the existing and projected rural population and Page 16 of 29 hPlanning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 205 Whatcom County Comprehensive Plan Proposed Amendments ,_2010 - - - Deleted: September 7 County Council Draft nonresidential uses, but provide iob opportunities for rural residents. Policy 2LL-3: Designated Resource Lands shall not be redesignated as Rural Business. Special Study Areas ------------------------------- Lake Whatcom Lake Whatcom is the drinking water source for approximately half of Whatcom County. Recent studies on Lake Whatcom indicate water quality in the lake has declined. Oxygen levels in Lake Whatcom are declining to lower levels, and are declining faster than in the past. In 1997, the Washington State Department of Ecology listed Lake Whatcom as an impaired water body and place Lake Whatcom on the Federal Clean Water Act 303(d) list because of low oxygen levels. The 303(d) listing requires the establishment of a Total Maximum Daily Load (TMDL) that designates loading capacity of the lake such that there will be no measurable change in oxygen levels from natural lake conditions. The TMDL goals will require a variety of planning, pollution prevention, pollution reduction and technical approaches. Meeting the TMDL goals will be required in order to stabilize water quality in Lake Whatcom. The primary cause of declining oxygen levels had been from residential development in the watershed. Past development permitted by the City of Bellingham and Whatcom County has led to increased phosphorus loading into the lake, which in turn has led to lower oxygen levels in the lake. Poorly managed forest practices can also lead to significant increases in phosphorus loading to the lake. In November/December 1992, a joint resolution was passed by the Bellingham City Council, Whatcom County Council, and Water District 10 Commissioners, which reaffirmed this position with six general goal statements and a set of specific goal statements in various categories. The specific goal statements for urbanization were the following: • Prevent water quality degradation associated with development within the watershed. • Review and recommend changes in zoning and development potential that are compatible with a drinking -water reservoir environment. • In addition to zoning identify and promote other actions to minimize potential for increased development in the watershed (i.e. land trust, development rights, cost incentives, etc.). • Develop specific standards which reduce the impacts of urbanization, such as minimal lot clearing; clustered development to reduce infrastructure; collection and treatment of stormwater before entering the lake. Page 17 of 29 I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc Deleted: [all text, goals, policies: "Lummi Island," "Small Towns and Crossroads Communities," "Northeastern Towns," "The Central Communities," "Western Towns," "Crossroads Commercial," "Resort and Recreational Subdivisions," "Point Roberts," "Mount Baker Recreational Region," "Lake Whatcom Region," "Eliza Island," "Suburban Enclaves," "Chuckanut/North Bellingham," "Lake Samish," "Fort Bellingham," "Additional Areas," "Transportation Corridors," and "Guide Meridian]¶ 206 Whatcom County Comprehensive Plan Proposed Amendments #, 2010 _ - Deleted: September 7 County Council Draft Develop appropriate interlocal agreements with governing agencies to prohibit the potential for additional development once an agreed upon level is set. The joint resolution included goals for watershed management that extended beyond urbanization. Goals were included for stormwater management, on -site waste systems, conservation, forest management, spill response, hazardous materials transport and handling, data/information management, education/public involvement, and other topics. A joint strategy was agreed to for developing specific plans to meet the adopted goals. Eight high priority goals were selected first and plans have been completed and jointly adopted for each of the goals. In 1998, the City, County, and District 10 formalized their joint commitment to protect and manage the lake through the joint adoption of an interlocal agreement and allocation of funding toward protection and management efforts in the watershed. A five-year program plan was developed for ten program areas. Specific priority was placed on activities related to watershed ownership, stormwater management, and urbanization/land development. The watershed contains four urban areas: the City of Bellingham, which straddles the upper portion of the northern -most basin of the lake; Geneva, which is immediately south and east of Bellingham's city limits and is part of the city's urban growth area; Hillsdale, which is immediately north and east of Bellingham's city limits and is also part of the city's urban growth areas; and the Sudden Valley provisional urban growth area. In addition, it includes a variety of other zones, including resource, rural, and suburban zones. Over 75% of the watershed is in Forestry zoning and more than 73% of the current land use is forestry. In 2003, there were approximately 2,730 existing dwelling units in the Lake Whatcom watershed located outside of the Bellingham UGA. Under the zoning adopted in January 2004, the gross potential build -out in this area is about 6,507 total dwelling units. Therefore, even under the more restrictive zoning adopted in January of 2004, there could be a significant amount of new' development in the watershed. Water and sewer service are provided by Water District 10. Capacity problems in the district's sewer line, which serves Geneva and Sudden Valley, have caused overflows into the lake in the past. An aggressive program to preclude stormwater infiltration has eliminated the overflow problems to a large extent. In addition, the district has a contractually 'limited flow capacity to Bellingham. The Lake Louise Road sewage interceptor was constructed in January 2003 to carry waste water from Sudden Valley and Geneva and serves as a complement to the Lake Whatcom Boulevard trunk line. The interceptor was designed to service full build -out of Sudden Valley and Geneva. Properties with septic tanks are required to connect to the sewer system within five years of completion of the project. There are several pending subdivisions in the area which are being proposed at less than full density but which will increase the overall development level outside of urban areas to a significant degree. In 2004, the Department of Natural Resources (DNR) Board on Natural Resources adopted the Lake Whatcom Landscape Plan. This plan provides additional protections on state managed lands within the Lake Whatcom watershed. The plan provides additional protections on streams and potentially unstable slopes on normally included in Page 18 of 29 hPlanning Division\Long Range PlanninglAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 207 Whatcom County Comprehensive Plan Proposed Amendments 2010 _ _ - Deleted: September 7 County Council Draft forest practices in Washington State. If the DNR exchanges land from the watershed the protections provided by the plan would not be applicable to the new owner. In 2006 the Whatcom County Council approved funding to study reconveyance of DNR managed County Forest Board Lands. Chapter 11: Environment, contains more discussion of Lake Whatcom issues and includes additional goals and policies related to watershed management, stormwater, and water quality. GOAL&M. Prioritize the Lake Whatcom are_ a as an area to minimize _ - Deleted: 2PP development, repair existing storm water problems, specifically for phosphorus, and ensure forestry practices do not negatively impact water quality. Provide sufficient funding and support to be successful. Policy2MM-1: Work with property owners to find acceptable development- _ - - Deleted: 2PP solutions at lower overall densities than the present zoning allows. Policy,2 M_2: _Develop - a storm drainage utility_ _district or other funding_ , _ - Deleted: 2PP mechanism to deal with the unique problems of development in a drinking water watershed. Policy,LMM-3:_ Recognize that all users of Lake Whatcom water have an interest Deleted: 2PP in the resource and should share in the cost of its protection. Policy2MM_4:_ Work cooperatively with the City and Water_District 10 to _identify, _ _ - Deleted: 2PP review, and, as appropriate, recommend changes to existing monitoring programs that will address the needs of the various jurisdictions. Place a particular focus on the information needed to evaluate the impacts of additional development in the watershed. Include an analysis of the diversion from the Middle Fork of the Nooksack. Coordinate effort with the Lake Whatcom Management Committee process. PolicyZMM-5: _Evaluate and pursue, as appropriate, the use of incentives to - _ - Deleted: 2PP encourage voluntary lot consolidation, transfer or purchase of development rights, current use taxation, and participation in open space conservation programs. PolicyMM=6: Do not allow density bonuses within the Lake Whatcom _ - Deleted: 2PP ----------------- Watershed. Policy2MM-7: Work cooperatively with the City and Water District 10 to develop _ _ - Deleted: 2PP benchmarks to determine the effectiveness of management options; when goals have been achieved; or when additional actions are necessary. Policy,2 M-8: Continue to develop and refine structural and non-structural best Deleted: 2PP management practices (BMPs), both voluntary and required, to Page 19 of 29 (:\Planning Division\Long Range Planning\LAMIRD\Council Draft120101109-council-compplandraftinprogress. doc Wi Whatcom County Comprehensive Plan#2010_ Deleted: September Proposed Amendments County Council Draft minimize development impacts within the Lake Whatcom watershed. PolicygMM-9: Work to keep Whatcom County Forest Board and Forest_ _ . - Deleted: 2PP Purchase lands within the Lake Whatcom watershed in public ownership, and support managing forestry on said lands in a manner that minimizes sediment and phosphorus yields from streams. Policy 2MM-10 Encourage the location of public facilities in Rural Communities within the Lake Whatcom watershed to reduce vehicle miles traveled within the watershed. Private Parcels Surrounded by National Park or National Forest There are a number of private parcels in Whatcom County which are completely surrounded by National Forest and National Park land. Some of these have houses built on them, primarily for seasonal use, but most represent mining patents and are used, or have been used, only for mining. The majority of these parcels are located in the Mt. Baker area or the Slate Creek area near the eastern border of the county with their access primarily by Forest Service roads. When interim zoning was established for Whatcom County in 1972, these parcels along with a majority of the rest of the county were zoned general protection (GP). This zoning allows single-family houses on one acre lots and a multitude of other uses mostly subject to the conditional use process. As final zoning has been established around the county as part of the subarea planning process, only these exclave parcels and the Lummi Reservation remain under interim zoning. GOAL 2QQ: Continue to recognize private parcels surrounded by National Park or National Forest as part of Whatcom County's jurisdiction. Policy 2QQ-1: Increase the potential for land exchanges, and other voluntary mechanisms, in order to reduce the checkerboard ownership and jurisdictional patterns within eastern Whatcom County. Subdivisions on the Lummi Reservation There are at least 2,086 parcels on the Lummi Reservation, many of which are owned by non -Indians. As Federal policy has changed and tribal lands have been allowed to be removed from trust to fee status, state and county regulations have become applicable. The County has made efforts to work closely with local tribes on land use directions. The requirements of Growth Management cannot be applicable to reservation trust lands, even when a checkerboard pattern has developed. It is the full intent of this County, when possible, to continue working cooperatively with area tribes on land use, watershed planning, utility planning and the coordinated water system plan. Most platted areas have sewer, which is provided by the Lummi Sewer District. Page 20 of 29 hPlanning Division\Long Range PlanninglLAMIRMCouncil Draft\20101109-council-compplandraftinprogress.doc 209 Whatcom County Comprehensive Plan Proposed Amendments ,- 2010 _ _ - Deleted: September 7 County Council Draft GOAL 2NN_ Seek resolutions that satisfy the requirements of Growth_ , - Deleted: 2RR Management, the needs of the non -tribal residents and the goals of the Lummi Nation. �Policy,2XN-1_ Work with the residents and the Lummi Nation to establish - . - Deleted: Policy 2RR-1: Recognize adequate water and sewer for the existing platted lots. subdivided areas on the Lummi Reservation as limited areas of more °, intense rural development if they Policy NN Whatcom County will administer land use policy on fee lands and meet the criteria of RCW prohibit discriminatory land use practices. 36.70A.070(5). ¶¶ \ J Deleted: 2RR Deleted: 2 COMPREHENSIVE PLAN DESIGNATIONS MAP Deleted: 2RR Deleted: 3 The Comprehensive Plan designations map (Map 8) is intended to provide direction for future land use decisions in Whatcom County. It is officially adopted as part of this document. Because of the scale of the map, specific boundaries are identified on maps in the County Planning and Development Services office. Comprehensive Plan Designation Descriptors These descriptors are intended to be general in nature. More specific criteria and explanation will be incorporated into subarea plans. Title: Urban Growth Areas Purpose: To denote where future urban growth may occur. Definition: Areas characterized by urban growth that have adequate existing public facility and service capacities; areas characterized by urban growth that can be served adequately by a combination of both existing public facilities and any additional public facilities and services that are provided by either public or private sources; and lands adjacent to areas characterized by urban growth. Locational First urban growth may be located on lands characterized by urban Criteria: growth that have existing public facility and service capacities; next urban growth may be located on lands characterized by urban growth that may be served with urban services in the future; and finally urban growth may be located on lands adjacent to areas characterized by urban growth. Title: Major Industrial Area / Port Industrial Urban Growth Areas Deleted: - Page 21 of 29 I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 210 Whatcom County Comprehensive Plan a, 2010 _ _ - - Deleted: September 7 Proposed Amendments County Council Draft Purpose: To reserve appropriate areas to attract heavy industrial manufacturing uses and provide employment opportunities while minimizing land use conflicts and off -site impacts. Definition: Land area for large-scale heavy industry that has a high impact on the surrounding neighborhood and environment. Locational Industry should be located in areas adequate for its use away from Criteria: residential centers, but within reasonable commuting distance; near transportation facilities and services. Title: Master Planned Resort Purpose: To recognize and contain resort areas that existed on July 1 1990, or permit new master planned resort areas that depend on a settinq of significant natural amenities. Definition: Historic or new planned unit development that is self-contained and fully integrated, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on -site indoor or outdoor recreational facilities. Locational Resorts may be located in urban or rural areas within a setting of significant natural amenities. Title: Rural Community Purpose: To recognize centers of rural commercial and public services and smaller -lot residential areas that existed on July 1. 1990 and limit and contain more intensive rural land uses within logical outer boundaries. Definition: Small towns and other historic centers of rural activity containing residential and nonresidential uses developed at a greater intensity than surrounding rural areas. Locational No less than one mile from Urban Growth Areas or other Rural Centersl Title: Rural Tourism Purpose: To recognize small-scale recreational and tourism businesses in rural areas and to limit and contain more intensive rural development on those lots. Definition: Lots containing nonresidential uses developed at a greater intensity than other rural areas. Page 22 of 29 I:\Planning Divisionlong Range PlanninglAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc Comment [G19]: Revise to reflect omission of spacing requirements in Policy 2HH 211 Whatcom County Comprehensive Plan Proposed Amendments , 2010_ _ - Deleted: September 7 County Council Draft Locational In a rural location and setting upon which the recreational or tourism use relies. Title: Rural Business Purpose: To recognize isolated businesses in rural areas and to limit and contain more intensive development on those lots. Definition: Isolated lots or isolated small groups of lots containing nonresidential uses developed at a greater intensity than i surrounding rural areas. Locational No less than one-half mile from Urban Growth Areas Rural Community and Rural Tourist designations or other Rural Business designations (one mile for uses not existing on September 20, 2005). • - Title: �Rural , Purpose: ----- -------------- - - - - -i To provide opportunity for a variety of low -density residential ' development including cluster development with the flexibility to ' practice farming or forestry, or operate a home occupation or cottage industry; to retain a sense of community. Also to encourage agriculture and forestry activities through the use of incentives. Definition: Allows one dwelling unit perlivE or ten acre or a higher densi_y where that density has been established) with less traffic noise i and congestion than in urban areas; low -density population; open space; privacy; largely forestry and agriculture oriented; rural level 11 of services. ++ , Locational Low residential density; areas with physical environmental ;0 Criteria: constraints; areas characterized by full and part-time forestry and I agriculture, but not designated as commercial resource lands. • '`;�� ' Title: Agriculture - Resource Lands Purpose: To recognize and promote agriculture in Whatcom County and protect prime agricultural soils and productive agricultural lands from conversion to other uses. To prevent conflicts between residential and agricultural uses. Definition: Commercial agriculture lands located on parcels 40 acres or larger, with one dwelling unit per 40 acres allowed. Locational Soils identified as prime agricultural soils; large parcels; existing Criteria: commercial agricultural uses. Page 23 of 29 MPlanning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc Deleted: Title: Small Towns - Rural ¶ Purpose: To acknowledge locations remote from urban centers that support the local economy by providing goods and services to residents and tourists.¶ 4 Definition: Small communities with mixed tourist commercial, residential, resort, or public land uses.¶ Locational Existing small community or resort centers with adequate services,¶ Criteria: including water and sewer which can be cost-effectively provided; near existing transportation routes; characterized by commercial uses and higher densities than surrounding rural areas.¶ 4 Title: Crossroads Commercial - Rural¶ Purpose: To provide commonly desired goods and services near unincorporated or small population centers.¶ Definition: Small concentrations of businesses meeting local area service needs. Such uses as gas stations, neighborhood general stores, and restaurants would be included.¶ Locational Central to rural populations; commercial areas should be located near¶ Criteria: arterial routes and fulfill a need for goods and services in that area.¶ Title: Resort and Recreational Subdivisions - Rural¶ �t21 Deleted: Definition: The suburban enclaves are comprised of rural residential areas that are not urban or likely to develop into urban areas during the planning period.¶ Locational: Areas characterized by development at densities aver ... 31 Deleted: Rural - Deleted: two, Deleted:, Deleted: , Deleted: but encouraging ten acre development; Deleted: One unit per two acre zoning is limited to previously developed areas or as in -fill development only. 212 Whatcom County Comprehensive Plan & 2010_ Deleted: September 7 Proposed Amendments County Council Draft Title: Rural Forestry - Resource Lands Purpose: To provide flexibility in use, enabling the landowner to live on the land and practice forestry and forestry -related industry. Definition: Lands used primarily for growing trees with some low -density residential development. Locational Lands useful for growing trees for commercial timber production; Criteria: usually located within public service districts;accessed by private roads built to Whatcom County development standards or public roads; low -density residential development; land parcels generally 20 acres or greater in size; property often in tax deferred status. Title: Commercial Forestry - Resource Lands Purpose: To provide land base for commercial forestry activities and provide predictability of future land use to forest land owners. Definition: Land primarily devoted to commercial timber production. Locational Land primarily devoted to growing trees for long-term commercial Criteria: timber production; located outside public service districts such as fire and water; accessed by private or state forest roads; parcels generally 40 acres or larger in size; land in tax deferred status. Title: Mineral Resource Lands Resource Lands Purpose: To ensure a long-term supply of mineral resources and provide predictability in land use. Definition: Lands of long-term commercial significance for the extraction of minerals. Locational Proven mineral resources of long-term commercial significance, Criteria: low density rural areas, designated Agricultural lands generally with Non -Prime Farmland Soils and when demonstrated to be of higher value as a mineral resource than as an agricultural resource; and designated Forestry lands of higher value as a mineral resource than as forestry resource. Title: Public Recreation Purpose: To provide the public with open space and recreational opportunities; to protect conservation areas. Definition: Areas with unique scenic or recreational amenities. Page 24 of 29 hPlanning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 213 Whatcom County Comprehensive Plan , 2010 Deleted: September 7 Proposed Amendments County Council Draft Locational Parcels owned or managed by public or private agencies for Criteria: recreational or conservation use. Title: Special Study Areas Purpose: To indicate areas where regional planning efforts are a high priority and necessary in order to address important local issues in greater detail. Definition: Includes the Lake Whatcom Watershed and certain areas within the Lummi Reservation. Me -number Goals and Policies in the remainder of Chapter Two as needed.l Page 25 of 29 hPlanning Division\Long Range Plan ning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 214 Whatcom County Comprehensive Plan M, 2010 _ Deleted: September 7 Proposed Amendments County Council Draft Chapter Five UTILITIES Policy 5N-3: Transmission pipeline are discouraged in urban growth areas, and_ - - - Deleted: , small towns, crossroads ,areas of intense rural development which would render such commercial, -- - -- -- pipeline siting inappropriate. Deleted: other Policy 5P-3: Discourage extension of urban levels of water service to areas not designated as urban growth areas, or Rural Communities._ Deleted: , industrial areas (including the Gateway Industrial Transportation Corridor), Small Towns or Resort/Recreational Subdivisions Policy 5T-1: Discourage extension of sewer lines in areas not designated as urban growth areas. or Rural Communities, unless there are - _ - Deleted: , Small Towns, serious public health or environmental concerns. Resort/Recreational Subdivisions, or the Gateway Industrial Transportation Corridor Policy 5T-2: For those areas designated, as a Rural Community and wishing to---- o__-_ infill, work with the communities to create sewer and water Deleted: for inclusion as a Small Town or Resort/Recreational districts as necessary to manage both utilities. Public water and Subdivision sewer service shall be limited to areas where existing lot sizes and development patterns make public water and sewer appropriate and shall not be extended outside of the boundaries of the Bural Deleted: Small Town or Community. Resort/Recreational Subdivision Policy 5T-3: Assist sewer and water districts in environmental review and mitigation and in preparing grant applications to obtain package sewer services that can be developed in a phased and cost- effective manner to serve designated Rural Communities. _ _ _ _ _ - - - Deleted: Small Towns, Resort/Recreational Subdivisions, and industrial areas (including the . • Gateway Industrial Transportation Corridor) Chapter Six TRANSPORTATION Policy 6D-4: Direct transportation planners to evaluate positive and negative impacts to the productivity of resource based industries when planning transportation corridors. Transportation improvements_ in - _ - Deleted: creating new, orexpanding areas designated "Resource Lands" should be constructed to existing, facilitate the operations of those affected areas and industries. Page 26 of 29 I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 215 Whatcom County Comprehensive Plan & 2010 Deleted: September 7 Proposed Amendments County Council Draft Policy 6D-6: Encourage new housing developments to be located in urban growth areas�o help_provide_ a sense of community and safe_ , non- Deleted: and small towns motorized transportation to community facilities and public transit nodes. Policy 6N-5: Coordinate with Whatcom Transportation Authority to establish rural transit service in unincorporated areas, including ural Deleted: Small Towns and Communities, consistent with county land use plans, based on Crossroads Commercial areas cost effectiveness, location of major trip generators, distance between generators, and the needs of transit -dependent individuals. Policy 6P-4: Support commercial and industrial development adjacent toOr Deleted: existing transportation corridors, including 1-5 and rail and air facilities, within urban growth areas as long as such facilities do not reduce safe, efficient movement of vehicles in Whatcom County. Chapter Seven ECONOMICS Policy 7K-2: Designate adequate zoning to allow business and industrial development where it is needed and most appropriate Deleted: , including the Interstate-5 corridor Policy 7K-3: imit commercial or industrial development along Guide Meridian_ _. - Deleted: Locate to designated urban -growth areas, Rural Communities and Rural Business areas jn a manner that does not disrupt the Guide's _ Deleted: at key intersections regional transportation function. Specialized Recreation Areas Page 27 of 29 Chapter Nine RECREATION I:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 216 Whatcom County Comprehensive Plan 8, 2010 Deleted: September 7 Proposed Amendments County Council Draft Specialized areas include nature interpretative centers and small park sites, including those related to Urban Growth Areas, Rural Communities, and neighborhood eted: Small towns developments. - _ Del RECREATION - ACTION PLAN 9. In keeping with policies in other chapters of this plan, develop a mechanism for ensuring the provision of neighborhood parks in accordance with appropriate standards when residential areas are developed outside of incorporated areas. In the residential UGAs not associated with cities, s@nd in Rural Communities,_ _ - Deleted: suburban enclaves and mechanisms are needed for acquisition, development and subsequent small towns maintenance and operations. Community Associations and Park Districts are options to be explored. Chapter Ten DESIGN BACKGROUND SUMMARY Sense of Place Among the elements which define a sense of place and which are particularly essential to examine, protect, and enhance are Places, Spaces, Focal Points, Gateways, Corridors, Connections, Edges and Transitions. All of these are perceptual elements common to most every natural or built place. They are among the most important and dynamic elements of an environment which enable us to distinguish, qualify, and identify one place as separate from another yet related to the whole. These elements can be perceived or applied to design of a diversity of land uses typical to Urban Growth Areas. Deleted: , Small Towns, Crossroads pr Rural Communities; maintenance of the integrity of our rural setting_ _sensitive _ _ _ Deleted: or utilization our natural resource lands - aquifer recharge areas, agricultural lands, forest lands, and our waters; and they are among the integral structural components of site -specific environments we design to accommodate our recreational activities, housing, public facilities and transportation facilities. Page 28 of 29 (:\Planning Division\Long Range Planning\LAMIRD\Council Draft\20101109-council-compplandraftinprogress.doc 217 Whatcom County Comprehensive Plan a, 2010_ Deleted: September 7 Proposed Amendments County Council Draft GOAL 1013: As Rural Communities evolve, utilize design tools and _ _ - Deleted: small Towns decisions which are sensitive to and compatible with the positive character of the surrounding natural setting. Gateways, Corridors, and Connections Gateways, corridors, and connections are important as we pass from one identified place to another. The act of entering or leaving is an essential element in establishing the sense of place. Whatcom County is blessed with a number of natural corridors and important gateways such as the 1-5 entry from Skagit County through the Chuckanut Mountains or the U.S./Canadian border crossings. Opportunities and problems should be recognized, associated with the following: human and natural gateways viewpoints and vistas river and stream corridors wildlife corridors utility easements traffic noise commercial signage links between urban growth areas and,Rural Communities. Page 29 of 29 (:\Planning Division\Long Range Planning\LAMIRD\Council Draft\201Oil 09-council-compplandraftinprogress.doc Deleted: small towns 218 Page 5: [1] Deleted Staff 6/12/2009 3:48:00 PM Background Summary Maintaining the rural character and lifestyle is very important to Whatcom County residents. Typical uses in the rural areas include a mixture of low -density residential, pasture, agriculture, woodlots, home occupations, and cottage industries. The distribution of rural land use is adjacent to agricultural, forestry, and urban land uses and often provides a buffer between urban areas and commercial agriculture and forestry uses. The population growth for Whatcom County from 2000 to 2022 is projected to be 68,103 for a total 2022 population of 234,917. This represents an increase of approximately 4,328 people in the areas of Whatcom County that are currently unincorporated and outside of permanent UGAs. A study of the potential subdividable land in the areas of the County zoned Rural one dwelling/five acres (R5A) found that out of 85,588 acres inventoried, about 2/3 of the acreage was in parcels 10 acres or larger in 2002. This indicates that there is potential for future land division in the rural portions of the county under current zoning regulations. Conceivably, the rural landscape could look different in the future if the current rural zoning is retained. People in Whatcom County, through the Visioning Process, defined rural character as a variety of low densities, open spaces, privacy, peace and quiet with less traffic noise and congestion than found in urban areas. Retaining a sense of community and maintaining local control in land use decisions were also components of rural identity. RURAL LANDS — ISSUES, GOALS, AND POLICIES Rural Character and Lifestyle County residents describe rural character and lifestyle as open space, quiet areas/privacy, largely agricultural and forestry orientation, peacefulness, sense of community, low -density population, less noise and congestion than found in urban areas, natural landscape, and greater self-determination of property use. With a rapidly increasing population in Whatcom County, maintaining the rural lifestyle currently enjoyed by county residents becomes more challenging. County residents generally believe that the current zoning and land use patterns of one or more houses per acre may not maintain the rural character of Whatcom County. One way of preserving rural lifestyle is allowing flexibility in design of subdivisions. One method is to enable and encourage cluster development. Another is to allow density transfers between parcels in rural areas and from rural areas to Urban Growth Areas. Both methods provide economic flexibility to the individual property owner, promote economical lot design, conserve natural resources and environmentally fragile areas, retain future options with respect to land use decisions, and maintain the low density "rural" character of the area. In addition, residents indicated that 45 years from today they would like to see 75% to 90% of the land (excluding National Forest and National Park land) in Whatcom County 219 zoned for use as rural, forestry, and agriculture lands. Currently, over 92% of the land in unincorporated Whatcom County is zoned rural, forestry or agriculture. GOAL 2DD: Retain the rural character and lifestyle of Whatcom County. Policy 2DD-1: Concentrate growth in urban areas. In areas where existing development patterns do not already prohibit it, draw a distinction between urban/rural uses to prevent urban sprawl. Policy 2DD-2: Adopt mandatory and incentive programs, such as purchase of development rights, transfer of development rights, and tax deferrals, to achieve desired land use policies in rural areas and in areas where there are compelling reasons to do so, and allocate sufficient resources to achieve the desired outcome. Policy 2DD-3: Provide landowners with incentives and options to develop their property at densities that may be less than the underlying zone. Policy 2DD-4: Support cluster housing in rural subdivisions. Policy 2DD-5: Use an "Agriculture Protection Overlay Zone" designation in certain Rural zoned areas as a way to help achieve the goal of conserving and enhancing Whatcom County's agricultural land base. Policy 2DD-6: In the "Agricultural Protection Overlay Zone" on parcels 20 acres and larger with Rural 5 acre and Rural 10 acre zoning, require non -agriculturally related development to be clustered on a maximum of 25 percent of the available land with the remainder available for open space and agricultural uses. Development standards shall provide flexibility to achieve development potential in cases of natural limitations. Policy 2DD-7: Discourage new, fully contained communities outside designated urban growth areas. Policy 2DD-8: Encourage property owners to conserve forested areas, agricultural land, and open space by utilizing current -use taxation provisions (RCW84.34). Policy 2DD-9: Conserve open space, park land, and green links for recreational use, as well as to protect essential habitat such as riparian areas and wetlands. Policy 2DD-10: Rezones from one dwelling unit per ten acre (R10A) zoning districts to one dwelling per five acre (R5A) zoning districts should be discouraged. Rural Services 220 People often choose to live in rural areas because they want to be more self-reliant and farther away from population centers, and often do not need or want many of the services provided in urban areas. Services provided to rural residents include law enforcement protection, volunteer fire protection, and emergency services. The Whatcom County Public Works Department maintains county roads and public transit services are minimal. Usually the property owner or developer is responsible for providing water and sewer. Most of the residential development in rural areas uses individual on -site septic systems. A growing concern is that as the rural areas become more populated, groundwater and surface water quality may diminish. Since failing septic systems contribute to groundwater contamination, proper installation and maintenance is very important. GOAL 2EE: Ensure that rural areas are provided with services consistent with the rural character and that development patterns do not encourage an increased service level or degrade water quality. Policy 2EE-1: Recognize domestic water systems, volunteer fire protection, emergency services, law enforcement protection, transportation, public transit services and public utilities typically associated with rural development as appropriate services in designated rural areas. Rural services do not include storm or sanitary sewers. Policy 2EE-2: Allow development in rural areas only when urban services are not required. Policy 2EE-3: Ensure that adequate on -site wells and on -site sewage and systems are properly installed, monitored, and maintained. Policy 2EE-4: Discourage urban levels of water and sewer service extensions or expansions to serve development outside of Urban Growth Areas, Small Towns, Resort/Recreational Subdivisions, and the Gateway Industrial Transportation Corridor, except in those limited circumstances shown to be necessary to protect basic public health, public safety, and the environment and when such services are financially supportable at rural densities and do not permit urban development. Policy 2EE-5: Promote better land use practices and protect water quality by encouraging landowners and developers to investigate and implement innovative subdivision, septic system designs, and stormwater management. Page 23: [2] Deleted staff 5/29/2009 1:21:00 PM Title: Small Towns - Rural Purpose: To acknowledge locations remote from urban centers that support the local economy by providing goods and services to residents and tourists. 221 Definition: Small communities with mixed tourist commercial, residential, resort, or public land uses. Locational Existing small community or resort centers with adequate services, Criteria: including water and sewer which can be cost-effectively provided; near existing transportation routes; characterized by commercial uses and higher densities than surrounding rural areas. Title: Crossroads Commercial - Rural Purpose: To provide commonly desired goods and services near unincorporated or small population centers. Definition: Small concentrations of businesses meeting local area service needs. Such uses as gas stations, neighborhood general stores, and restaurants would be included. Locational Central to rural populations; commercial areas should be located near Criteria: arterial routes and fulfill a need for goods and services in that area. Title: Resort and Recreational Subdivisions - Rural Purpose: Recognize the existing mixture of recreational and residential development of resort and recreational subdivisions and ensure that future growth can be serviced appropriately. Definition: Resort and Recreational Subdivisions are large subdivisions originally created to primarily serve recreational or resort land uses and that continue to attract and maintain such uses. Locational Existing large scale recreational subdivisions. Criteria: Title: Suburban Enclaves - Rural Purpose: To ensure efficient land use by allowing in -fill at suburban densities in areas already characterized by such development. wPage 23: [3] Deleted Staff 5/29/2009 1:21:00 PM Definition: The suburban enclaves are comprised of rural residential areas that are not urban or likely to develop into urban areas during the planning period. Locational: Areas characterized by development at densities averaging one unit per Criteria: acre and served or partially served by public roads, sewer or water, or other public services or facilities. Title: Transportation Corridors — Rural 222 Purpose: This designation is designed to alert the community to proposed transportation corridor related expansion and to guide developments appropriately. Definition: Transportation Corridors are areas in demand for transportation related services and improvements where planning is underway or is anticipated. Locational Land not used or suitable for or residential development. Areas Criteria: characterized by existing transportation -related development but lacking significant utility service to warrant an urban designation at this time. 223 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-381 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: Gary Davis CAAP 9/30/10 mcD � � � � � � � D 11 / 9 / 10 p & D Division Head: ,.-- -- HIV O C T + • 9 2010 WHATCOM COUNTY COUNCIL 11/23/10 &D/Introduce, Dept. Head. J.E. "Sam"Ryan �®� 1 � ..�� Prosecutor. Royce Buckingham ` / l� (8 l Purchasing/Budget. Executive: Pete Kremen J Q TITLE OF DOCUMENT. Resolution to approve the Whatcom County Pedestrian and Bicycle Plan ATTACHMENTS: (1) Proposed Resolution (2) Whatcom County Bicycle and Pedestrian Plan, August 2009 draft (3) Staff Memorandum to Planning Commission (4) Planning Commission Minutes SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing? ( x ) Yes ( ) 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.) Whatcom County Pedestrian and Bicycle Plan — Resolution to approve the updated Whatcom County Pedestrian and Bicycle Plan prepared by the Whatcom County Bicycle/Pedestrian Advisory Committee. The previous plan was adopted by Resolution 2003-037 on May 6, 2003. COMMITTEEACTION. COUNCIL ACTION. 11/09/2010: Discussed. Hold in committee. Get BPAC members to attend and talk about their recommendations. 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. 224 WHATCOM COUNTY J.E. "Sam" Ryan Planning & Development Services`°may Director 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TIY800-833-6384 360-738-2525 Fax MEMORANDUM TO: Whatcom County Council THROUGH: J.E. "Sam" Ryan, Director FROM: Wain Harrison, Long Range Planning Supervisor,�Z/.y Gary Davis, AICP, Senior Planner-6)""' DATE: October 29, 2010 SUBJECT: . Pedestrian and Bicycle Plan As is discussed in the staff report to the Planning Commission included in the packet materials, the plan presented for approval is an updated version of the plan approved by resolution in 2003. It was drafted by the Whatcom County Bicycle Pedestrian Advisory Committee (BPAC), which was created by the County Executive in 2001. Staff from Whatcom County Public Works, Parks and Recreation, and Planning and Development Services has reviewed the revised d raft. After discussion at its October 20, 2010 meeting, the BPAC proposes the addition of the following wording on page 22 in the description of the Pedestrian and Bicycle Project Priority List Table: "Note that six of the project priorities represent segments of a loop trail concept developed by the Whatcom Parks Foundation (denoted as Loop Trail within the Project Table and indicated on the map in appendix 2). Segments of this loop trail should be developed as opportunities arise." In addition to the text above, the committee agreed to alter the description of item 5 of the Projects Table to read "Nooksack River pedestrian bridge, Ferndale vicinity" and to add the note (Loop Trail segment) to items 1, 3, 5, 11, 12 and 16. Staff recommends that these amendments be included in a motion to approve the plan. If you have any questions regarding the plan, please contact Gary Davis at extension 50246. 225 SPONSORED BY: PROPOSED BY: :INTRODUCTION DATE: RESOLUTION NO. APPROVING WHATCOM COUNTY PEDESTRIAN AND BICYCLE PLAN WHEREAS, the Whatcom County Council approved the Whatcom County Pedestrian and Bicycle Plan by resolution 2003-037 on May 6, 2003; and WHEREAS, the Whatcom County Bicycle/Pedestrian Advisory Committee has prepared a revised draft of that plan; and WHEREAS, the Whatcom County Planning Commission has considered a revised draft and has forwarded a recommendation of approval. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Whatcom County Pedestrian and Bicycle Plan is hereby approved as shown on Exhibit A. APPROVED this day of ATTEST: 2010. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHI.NGTON Dana Brown -Davis, Council Clerk Sam Crawford, Chairman APPROVED as to form: () Approved( ) Denied Civil .r cutor 226 EXHIBIT A Whatcom County Pedestrian and Bicycle Plan 227 Whatcom County Bicycle Pedestrian Advisory Committee Whatcom County Pedestrian and Bicycle Plan Revised and updated August 2009 Whatcom County, Washington 228 229 Acknowledgements This Plan for active transportation facilities in Whatcom County resulted from the work of many concerned individuals. The plan expands upon the previous Whatcom County Bicycle Plan, which was originated by Ken Wilcox on behalf of the Whatcom County Parks and Recreation Department in 1994. The plan was then updated by County Executive Pete Kremen's Bicycle/Pedestrian Advisory Committee and passed as a resolution through the County Council in May 2003. This update incorporates recommendations for improvements to pedestrian facilities and other environmentally friendly modes of travel, as well as updates to the priorities and implementation plan. The members of the Whatcom County Bicycle/Pedestrian Committee who contributed to this update include: Ellen Barton Jeff Margolis Amy Vergillo Rich Clearman Michael Passo Don Ligocki Molly Maguire Scott Thompson Alice Simmons The committee wishes to thank members of the community that have contributed to this plan as well as assistance from county staff, particularly in the Public Works and Parks and Recreation departments. All of these efforts help to ensure that bicycling and walking remain popular, safe, enjoyable, cost-efficient and environmentally friendly means of transportation for Whatcom County's future. Whatcom County Pedestrian and Bicycle Plan 230 Multi -purpose trails serve people of all ages and abilities walking and bicycling for transportation. 231 Table of Contents Acknowledgements i Table of Contents ii INTRODUCTION o Purpose: Why Plan for Walking and Bicycling? 1 o Education, Encouragement, Enforcement 3 DESIGN CONSIDERATIONS o Types of Pedestrians 5 o Types of Bicyclists 6 o Pedestrian Facilities 7 o Keys to Walkability 11 o Guidelines for Urban Sidewalks 12 o Guidelines for Rural Sidewalks 13 o Bicycle Facilities 14 o Other Active Transportation 16 o Access to Transit 17 REGIONAL NETWORKS o Current Conditions 18 o Regional Trails Plans 19 o Shared Roadways 19 IMPLEMENTATION RECOMMENDATIONS o Regional Facilities and Priorities 21 o State Route Policy 22 o Project List Table 23 o Priority Ranking Criteria and Summary list 25 POLICY RECOMMENDATIONS o Context Sensitive Considerations 26 o Policy Priorities 26 o Project Cost Range Estimates 30 o Sample Funding Sources 32 Appendices o Appendix 1: Glossary of Terms o Appendix 2: Pedestrian and Bicycle Project Priorities Map o Appendix 3: Proposed Bicycle Routes List o Appendix 4: Proposed Heritage Cycling Roads List o Appendix 6: Compendium of Implementation Strategies Whatcom County Pedestrian and Bicycle Plan Al A3 A4 A6 A7 m 232 People with disabilities are an important constituency of transportation infrastructure that serves wheelchairs, hand -cycles, recumbent tricycles and people walking 233 INTRODUCTION This Plan updates the 2003 Whatcom Bicycle Plan and adds additional detail to ensure that the transportation system meets the needs of pedestrians, bicyclists, other non - motorized travelers, and inter -modal access. The 2003 Plan gave general guidelines and recommendations. This update has a broader focus, detailing specific facilities both on and off road to create region -wide network. The Plan is organized into three sections: • Purpose — describes current planning and facilities related to bicycle and pedestrian transportation. • Network Recommendations— describes facilities and actions recommended to address gaps in the completion of a regional non -motorized network. • Implementation Plan — identifies steps, policies, and recommended schedules for implementation of the recommended actions. Purpose The purpose of the Pedestrian & Bicycle Plan is to provide guidance for the implementation of interconnected bicycle and pedestrian networks for transportation throughout Whatcom County, with the goal of increasing the active mobility choices for residents and visitors. Providing safe and attractive active mobility choices for daily transportation needs results in healthier, more sustainable lifestyles. This results in overall cost savings by reducing demand for expanded roadways and reducing the number of trips made by motorized modes. The Washington State Department of Transportation and the U.S. Department of Transportation have set ambitious goals to increase the amount of bicycling and walking for transportation. In Program Guidance on bicycle and pedestrian issues from the Federal Highway Administrator states that, "We expect every transportation agency to make accommodation for bicycling and walking a routine part of their planning, design, construction, operations and maintenance activities." This Plan defines a trip as including trips for commuting to work or school, going shopping or running errands, and trips to and from recreational or park areas. Because it is regional in scope, this plan may not include all the bicycle and pedestrian facilities within each community. This plan focuses on those facilities that provide regionally important connectivity and on those that are outside of incorporated areas of the county. This plan focuses primarily on bicycle and pedestrian transportation needs. As such it does not duplicate the recent efforts of the Parks and Recreation department to define the detailed requirements for recreational trails. The Bicycle/Pedestrian Advisory Committee fully supports the Parks and Open Space Plan, which will be primarily managed by the Parks department. This plan more specifically defines the priorities for transportation needs, which should primarily be implemented by the Public Works department. Whatcom County Pedestrian and Bicycle Plan Introduction 234 Pedestrian and bicycle networks are important as components of a multi -modal system that serves everyone. The success of the system is measured by the degree to which they are integrated with the planning and design of other modes and hubs such as bus, rail, ferry, carpool, airport, and roadway facilities. Why Plan For Walking and Bicycling? Every trip includes some walking and each user of the transportation system is a pedestrian during some portion of the trip. Walking is a daily activity serving a variety of purposes including transportation for commuting and commerce, or for recreation and exercise. People who rely on walking as their main form of transportation include at least 40% of the general population' including seniors, children, people with physical disabilities, and those choosing not to use cars. Bicycling is the most energy -efficient form of transportation" yet invented and bicycling is the world's most commonly used vehicle for transportation. Bicycle transportation has a long history in the U.S. In the 1890s, bicyclists were the first to advocate for federal financial assistance for roads, called the "Good Roads" movement, when plank roads and wagon ruts were the main alternative to rail and marine travel. Rising fuel prices make bicycling more popular and necessary for everyday transportation. Investing in walking and bicycling facilities like sidewalks, shared -use paths, and on -road bicycle signage assists all kinds of travelers. Non -motorized transportation leads to other quality of life improvements such as: • Reduced road congestion: Walking and bicycling can substitute for short car trips, reducing costly vehicle congestion. • More efficient use of public tax dollars: Roadway widening is more expensive than other transportation investments and does not result in reduced congestion over the long term. Replacing car and truck trips with bicycle and walking trips reduces roadway maintenance costs. • Reduced public health care expenses: Physically active transportation can reduce the public health care costs associated with the obesity epidemic and other chronic diseases resulting from sedentary lifestyles. • Economic vitality: Commercial activity increases in downtown areas that are walking and bicycling friendly. • Cleaner air and water: Motor vehicles emit the largest percentage of all air pollutants in Whatcom County and short vehicle trips emit pollution at higher rates. Road run-off from motor vehicles is the source of most of the pollution in streams, lakes, and the bay. • Social equity: Improved conditions for walking and bicycling expand community Whatcom County Pedestrian and Bicycle Plan Introduction 235 access options for the 40% of the population who do not drive. As the population ages, roadway safety will be improved if those with age -related impairments have other choices than driving. • Energy Conservation: Walking or bicycling for transportation is much more energy efficient than traveling by other modes, reducing reliance on non-renewable or hydrocarbon -based fuels. Education, Encouragement, and Enforcement The cost of providing public infrastructure for unlimited increase in motor vehicle use will strain public budgets. Encouraging people to consider other transportation choices is a cost-effective means to increase roadway capacity without engineering and construction expense. Advertising influences transportation choices, as the automobile industry can attest. Partly because of advertising, use of motor vehicles for personal transportation has become familiar and comfortable. Advertising, promotions, and encouragement can be an important tool for public agencies to maximize transportation system capacity and efficiency. Education: Education about basic legal and safety issues is an essential foundation to make sure that people are comfortable making trips by foot or bicycle but this type of information is not readily available to those who need it. Adults and children currently receive little formal instruction on the rules of the road for pedestrians and bicyclists. The percentage of parents driving their children to school (often less than one mile) has increased to 80% in five Whatcom County districts. School children who do not have the opportunity to learn how to walk safely on roads and sidewalks in their neighborhoods growing up have a greater risk of developing sedentary chronic diseases. Fewer than 1 % of adults and children in Whatcom County receive formal instruction on the legal operation of a bicycle as a vehicle on roads. Implementation strategy: Fund training for elementary school teachers to become certified in a recognized walking and bicycling safety education program. Encouragement: Helping people switch some of their short trips (1 to 3 miles) to walking or bicycling will increase system capacity at low cost. Promotional events such as Bike to Work and School Day and International Walk a Child to School Day focus community attention on the benefits of non -car transportation. People use the event as an opportunity to try a different type of commute mode and a percentage of participants continue to walk or bike commute during the rest of the year. The TravelSmart study showed that, with information and incentives, at least 8% of car trips can be converted to walking, bicycling or bus trips. Whatcom County Pedestrian and Bicycle Plan Introduction 236 Implementation strategy: Fund promotional and incentive programs for Bike to Work and School Day, International Walk and Child to School Day, and TravelSmart-type community actions. Measure mode change. Actions include events, Transportation Demand Management, incentives, Whatcom Smart Trips. Enforcement: In conjunction with a comprehensive education program that informs and reminds everyone of the rules of the road, a consistent enforcement effort against illegal roadway behavior will increase safety of all users. Motor vehicle drivers, bicyclists and pedestrians each have been known to exhibit illegal behaviors that endanger other roadway travelers. Implementation strategy: Follow up educational outreach about courteous and safe road -sharing with enforcement actions that reinforce the message for all types of roadway users. Crosswalk enforcement, residential speed limit enforcement, and pedestrian rights -of -way are priority topics. Facilities for walking and bicycling for transportation encourage daily physical activity that combats the increasing trend of overweight and obese youth. Whatcom County Pedestrian and Bicycle Plan Introduction 4 237 PLANNING AND DESIGN CONSIDERATIONS All designs for new and reconstructed facilities should meet the guidelines of AASHTO, ADA and local ordinances in effect. Types of Pedestrians Everyone is a pedestrian and walking is a daily activity for most people. Wheelchair users are pedestrians and their access to use public pedestrian infrastructure in protected as a civil right. People for whom walking is a main transportation mode include forty percent of our population: seniors, children, people with disabilities, and those who cannot or choose not to use cars. All trips include at least two pedestrian components: at the beginning and end. U. S. Department of Transportation guidance to local jurisdictions states that, "Congress clearly intends for pedestrians to have safe, convenient access to the transportation system and sees every transportation improvement as an opportunity to enhance the safety and convenience of walking." Implementation strategy: Implement a system to periodically count pedestrian and bicyclist transportation mode share in strategic, targeted corridors and report trends and goals in the Transportation Improvement Program The American Association of State Highway and Transportation Officials (AASHTO) has published the Guideline for the Development of Pedestrian Facilities. The standards incorporated in this guide detail industry norms for facilitating walking transportation in a variety of environments. In order to develop an appropriate walking transportation network, it is important to serve different pedestrian needs and purposes. Below are listed the main types of pedestrian travelers along with a summary of the types walking surfaces necessary to accommodate the different purposes of these pedestrian trips: Commute walking to work or school or for errands: paved or compacted gravel, direct, good sight distance, lighting, 5 ft. width minimum (wide enough to pass slower travelers), continuous routes from origin to destination, cross walks and signals, well -maintained, graded slopes, curb ramps and absence of stairs to facilitate wheeled carts. Social walking strolling or shopping: wide enough for two or more to walk together 6 ft. width recommended minimum, meandering ok, street furniture, plantings, active store -fronts, smooth for wheeled carts and baby carriages, level or gentle grades, well -maintained, lighting, places to sit adjacent to (not in) traveled walkway, curb cuts, Recreational walking — for exercise or recreation - narrow ok, dirt, gravel, or paved surface ok, landscaped vegetation, meandering preferred, steeper slopes ok, Whatcom County Pedestrian and Bicycle Plan Planning and Design Considerations 238 Running and competitive walking — dirt or gravel surface (no pavement), similar to walking for exercise Wheelchair users — curb ramps, no cross -slope, level rest areas on long slopes, firm surface (pavement or compacted gravel), no grates or gaps in brickwork, no stairs, Vision impaired walking — yellow truncated domes on curb cut slopes, audible crossing signals, no low over -hanging branches or street -furniture, Types of Bicyclists Whatcom County has adopted the standards of the Washington State Department of Transportation (WSDOT) in planning facilities for different ability levels of cyclists. The WSDOT standards are based on the Guide for the Development of Bicycle Facilities published by the American Association of State Highway and Transportation Officials (AASHTO). The classification system for bicyclists identifies three levels of ability as follows: Group A: Advanced Bicyclists — very experienced adult riders, comfortable riding in most all traffic conditions and require less separation from motorized traffic. On lower speed, low traffic roads, they are comfortable sharing the lane with motor vehicles. On higher volume, higher speed roadways, these bicyclists benefit from increased travel lane width (wide curb lanes), designated bicycle lanes on urban roadways, or paved shoulders on rural roadways. They are usually adults and travel at higher speeds (15 — 20 mph) and choose routes that are direct and minimize delay, often preferring roads to shared -use paths. Group B: Basic Bicyclists — less skilled than advanced bicyclists and less comfortable riding in traffic. These adult or teenage riders travel at lower speeds (10 — 14 mph), prefer roadways with lower traffic volumes and speeds and greater separation from motorized traffic. They are more comfortable riding on designated bicycle lanes or shared use paths Group C: Child Bicyclists — as beginning learners, these are the least skilled category of bicyclists. They require bicycle facilities that provide the greatest separation from motor traffic. They travel at low speeds (8 — 10 mph) and are comfortable on residential neighborhood streets with low traffic volumes and speeds or on shared use paths. An earlier system of classification for bicycle facilities (now obsolete) identified structures rather than skill levels, specifying the following: Shared Use Paths, Whatcom County Pedestrian and Bicycle Plan Planning and Design Considerations 239 Bicycle Lanes, and Shared Roadways. A combination of these and other facilities are required to meet the differing needs of skilled and unskilled bicyclists in the urban and rural settings of Whatcom County. Types of Pedestrian Facilities Sidewalks — Traditionally limited to urban areas, sidewalks are now recommended in rural areas as well and should be added when roads are reconstructed, unless adjacent shared -use paths or other facilities serve equivalent pedestrian connectivity. Washington State Department of Transportation (WSDOT) has adopted the standard that bicycle and pedestrian facilities shall be included in all new construction and reconstruction transportation projects. Sidewalks serve all six categories of pedestrians. Sidewalks are especially important for children walking to school and for people with disabilities. These populations are found in both urban and rural areas throughout the County. WSDOT Design Manual and AASHTO Pedestrian Guide state that a sidewalk that is next to the curb would be a minimum of 6 feet wide. If the sidewalk is separated from the curb by a planting strip then the sidewalk can be a minimum of 5 feet wide. Paths Paths are non -motorized routes that do not necessarily follow a roadway. Paths offer advantages over sidewalks in the following types of locations: • through parks or natural areas • on former railroad rights -of -way or utility corridors • connecting dead-end roads in residential or commercial developments • side -paths along roads where there are few intersections or driveways • connecting schools to recreation or residential areas • connecting senior housing to commercial or service areas Path surfacing can vary depending on location and use. Rustic dirt paths are appropriate in parks or natural areas with low usage. Dirt paths are subject to erosion but offer the advantage of a water permeable surface. Compacted gravel paths serve the widest variety of uses and offer some water permeability. Paved paths are appropriate for high usage routes or to serve wheelchairs or strollers. The Americans with Disabilities Act (ADA) requires that paths be built to accommodate wheelchair users and those with other disabilities or that an equivalent facility be available. Whatcom County Pedestrian and Bicycle Plan Planning and Design Considerations 7 240 Because paths offer a transportation route separated from motor vehicles on the roadway, they offer a greater margin of safety than sidewalks or roadway shoulders for children walking or for beginning bicyclists. Near senior centers, paths and sidewalks should include benches for resting at reasonable intervals. Paths are part of the network of non -motorized transportation facilities and should be designed to link to sidewalks or bike routes to create a continuous system. (1) Shared Use Paths: Pedestrians, bicyclists, runners, horseback riders, roller skaters, and other non -motorized travelers can safely share most paths where the facility is well -designed and maintained. To reduce the potential for collisions, the different users of a shared -use path require posted etiquette or guidelines and a method for education and enforcement should be in place. (2) Pedestrian -only Paths: In the following types of locations, path use restricted to pedestrian use only offers some safety and practical advantages: • narrow (less than 4 ft (1.2 m)) paths with high pedestrian use • commercial areas with frequent entry and exit to the path • areas where enforcement of pedestrian -only use is feasible Whatcom County has adopted the design standards for Shared Use Paths as set forth in the WSDOT Design Manual Chapter 1020. Crosswalks Every roadway intersection is a crosswalk, whether marked or unmarked. Intersections of trails or alleys and roadways are also defined as crosswalks. In a crosswalk, pedestrians and bicyclists have the right of way and motor vehicle traffic must yield. Education of motorists about this law is an important component to ensuring an effective pedestrian transportation network. Enforcement of crosswalk law may also be required but is most effective when used as a follow-up to a public crosswalk education campaign. (1) Marked Crosswalks: Collisions are reduced where motor vehicle traffic is alerted when approaching locations where pedestrians are likely to be crossing the road. The method of alerting motor vehicle drivers to these crossings varies according to the roadway design, traffic volume, and speed limit. Marked crosswalks reduce collisions on two-lane roads where speed limits are 25 mph (40 kph) or less. On roadways with three or more lanes or with higher speed limits, marked crosswalks alone are not sufficient to reduce collisions. Additional features should be incorporated along with the marked crosswalk such as: • advance fluorescent yellow pedestrian crossing signs • pedestrian refuge island in the middle of the crossing Whatcom County Pedestrian and Bicycle Plan Planning and Design Considerations 8 241 • pedestrian activated in -pavement or overhead flashing lights Design of marked crosswalks can include painted (thermoplastic) striping, contrasting colored pavers, signage, or raised crosswalks. Raised crosswalks function similarly to a speed hump slowing motor vehicles. (2) Pedestrian activated lighted crosswalks: Located at mid -block areas with high traffic volume and high pedestrian crossing demand, pedestrian -activated in - pavement flashing lights help alert drivers to yield to the pedestrian waiting to cross. The City of Bellingham has developed a point rating criteria for installation of these facilities including the following factors: • Motor vehicle traffic volume over 7000 AADT (average annual daily traffic) • Proximity to schools, parks, or elderly housing (1 /4 mile or less) • Unsignalized location with documented lack of traffic gaps • Motor vehicle speeds greater than 35 mph (3) Signalized pedestrian crossings: At signalized intersections, pedestrians cross with the traffic light for their direction of travel, while turning motor vehicles must yield to the pedestrian. Pedestrian -activated crossing signals are recommended at all signalized intersections. Standards for the installation of the pedestrian crossing signal are included in WSDOT Design Manual Section 850. Signal time for the pedestrian crossing should take into consideration the slower walking speed of elderly, disabled, or otherwise constrained pedestrians. For example, crossings near senior housing or medical service centers may require a longer crossing phase. The flashing red hand signal (formerly "don't walk") indicates that a pedestrian should not begin crossing but may continue if started across. Motorist education to clarify the meaning of this signal would assist pedestrians in completing the crossing before turning traffic proceeds. Count- down pedestrian signals are more consistently understood by both drivers and pedestrians and signals should be updated with this technology. Right -turn -on -red traffic is a significant collision hazard for pedestrians at crosswalks. Grade separated crossing facilities (bridges or tunnels): On roads with four or more lanes, high traffic volumes and high speed limits, grade separated crossings for pedestrians are a practical way to prevent traffic slowing or stopping. Where grade separation is required, steep inclines are more easily navigated by motor vehicles than by pedestrians. For example, a pedestrian overpass bridge requires extra walking and climbing but slopes resulting from depressing the roadway do not cause hardship for vehicle travel. Design standards for pedestrian underpasses (tunnels) require clear view through the entire tunnel with lights and safety monitoring. Whatcom County Pedestrian and Bicycle Plan Planning and Design Considerations 242 Curb extensions (bulb -outs) At urban intersections with on -street parking, an extension of the curb increases pedestrian visibility and reduces crossing distance. The added pedestrian space of the curb extension offers additional space for installation of wheelchair ramps and truncated domes to guide the sight -impaired. Planted median islands or pedestrian refuge islands At a crosswalk where more than three traffic lanes must be traversed by the pedestrian, a refuge island offers protection while waiting for a break in motor traffic. This type of facility helps slower walkers to cross wide roads in two stages, when necessary. Curb ramps At intersections where sidewalks or paths are separated from the roadway by a curb, installation of curb ramps enables access by wheelchair users and others using wheeled devices such as baby strollers, grocery carts, or wheeled luggage. Audible crossing_ signals To be accessible to pedestrians with disabilities, intersections with pedestrian -activated signal devices should provide crossing information in visual, audible, and tactile modes. Audible signals should assist the visually -impaired traveler to locate the activation button and a directional sound should guide the traveler across the street during the appropriate phase. Specific technology recommendations are described in the U.S. Department of Transportation publication Designing Sidewalks and Trails for Access, Part II. Crossing guards (for school children) Washington state law requires each elementary school to publish and maintain a safe walking route map for students living within one mile to walk to school. At crossing locations along this route where traffic volumes are high, trained crossing guards should assist students during the hour preceding beginning of classes and the hour following end of classes. Public pedestrian mall Designated areas for pedestrian -only access can increase commercial activity in downtown or event areas. Similar to the pedestrian -only design of shopping malls or farmers' markets, public pedestrian malls increase foot traffic to businesses, parks, or residences. Pedestrian -only designation can be restricted to certain hours of the day or limited to certain days of the week, where appropriate. Planning and design considerations include conformity with the Americans with Disabilities Act (ADA). The Federal Highway Administration's two-part publication Designing Sidewalks and Trails for Access includes specific recommendations for technical features to serve pedestrians with mobility, vision, aural or other impairments. Whatcom County Pedestrian and Bicycle Plan Planning and Design Considerations 10 243 Determining the appropriate pedestrian facility for a given transportation corridor is dependent on the type of pedestrians who will be served. For example, areas with high numbers of pedestrians and commercial activity may warrant exclusive pedestrian signal phases (all traffic stops) rather than the concurrent pedestrian signal (vehicles traveling parallel to the pedestrian crossing are permitted to go). Five Keys to Walkability • Security o Visible from near -by buildings, cafes o Pedestrian -scale lighting o Buffer from motor vehicle traffic • Convenience o Proximity to destinations, commercial areas o Connectivity between residential and transit • Efficiency o Direct walkways make it easier to walk than drive o Walkways connect to crosswalks without significant detours o Pedestrians will not go more than 150 ft (50 m) out of their way to cross a street • Comfort o Shade from sun, protection from rain o Street furniture available outside main walking corridor o Walkway surface treatment delineates sidewalk from driveways • Welcome o Public art o Street trees o Attractive vegetation o People lingering or visible at all times of day and night The above elements can be quantified as a graduated set of criteria for incorporation into design or development requirements for neighborhoods. Walkways with all five elements represent the highest rating (Level of Quality A, for example). Locations with none of these elements represent the lowest rating (Level of Quality F, for example). Existing infrastructure can be evaluated based on their respective LOQ, i.e., the presence or absence of these features. Planning policies can prioritize locations for improvement based on target LOQ standards. Sidewalk Sigewalk, landscape buffer, and bike lane c � �nnn 6 new curb bike Whatcom County Pedestrian and Bicycle Plan 109 i 10.59 avel travel Planning and Design Considerations median/CTL 244 The above cross-section sketch shows an option for a four -lane roadway with two motor vehicle travel lanes, a bike lane, sidewalk, landscape buffer, and median or center turn lane. County standards have 1 1-12 ft lanes therefore these cross sections would be reviewed in conjunction with each road project. Possible water shed or LID (Low Impact Standards) may apply for 10 ft land width also. Sidewalk surface coloration and paving clearly show different functions of the areas of the sidewalk. The Walk/Talk zone is delineated from the Shoreline, where the street trees and furniture are located. Paving ornamentation shows the vehicle driver that the driveway crosses a pedestrian space, rather than the other way around. General Guidelines for Urban Sidewalks: ■ Complete sidewalk width in urban areas should be 10 to 15 feet, including within that the shy zone (set back from adjacent buildings), street furniture area, and a main walk/talk zone of at least 5 feet width. ■ Buildings should be adjacent to the walkway and have windows and doors transparency so that people walking feel the security of being watched over. ■ Driveways should ideally have a sloped entry ramp and the sidewalk area should have a paving or color treatment to clearly show that this is a pedestrian space. ■ Where speeds are 25 mph or higher, buffers between the walkway and the motor vehicle traffic are important to protect the comfort of pedestrians. Buffers can consist of bike lanes, planting strips, or car parking. Traffic engineering has historically used a definition of Design Speed of the roadway as a safety issue. By designing roads with features that would accommodate slightly higher speed traffic, the roadway would be safer for all drivers. Recent research shows that roads built wider and straighter for these higher speeds tend to encourage speeding and can result in enforcement problems. Whatcom County Pedestrian and Bicycle Plan Planning and Design Considerations 12 245 The Transportation Research Board study described below recommends a carefully considered approach to Design Speed: "Design speed has long been a prime factor in the design of roadway geometric elements, such as vertical and horizontal alignment and cross section. The current design process does not always result in the desired consistency in roadway alignment or driver behavior along these alignments. The desired product of good geometric design is a roadway alignment and cross section that will encourage the driver to operate safely and consistently with the function of the facility. Further, an ideal geometric design is both consistent with the context of the setting and cost-effective." General Guidelines for Rural Walkways/ Sidewalks: Rural roads are built without sidewalks due to the perception that distances between destinations are too great to expect a significant proportion of trips to be carried out by walking. Certain factors determine whether the proportion of walking trips or demand for walking infrastructure is higher along a given rural road or in a given rural area. When these factors are present, infrastructure to facilitate walking trips should be constructed: ■ Roads within the one -mile walk zone of an elementary school ■ Roads within the two-mile walk zone of a junior or senior high school ■ 2000 ft. (1 km) radius of public transit stops and stations ■ 2000 ft. (1 km) of trail heads or other recreation destinations ■ Connecting residences in rural villages to village commercial centers Facilities to serve walking trips in rural areas ideally include sidewalks, trails, marked crossings, signage, signals, or other infrastructure such as those identified above for urban areas. Shared use shoulders are not the ideal facility for walking but can be an acceptable alternative when the listed facilities are not feasible. Research shows considerable latent demand for walking transportation in rural areas. Surveys conducted by the Bicycle Pedestrian Advisory Committee in 2001, revealed that rural residents would like to walk in the rural areas in which they live. Many wish to walk as a way to enjoy the outdoors in Whatcom County. However, most do not walk from their houses because they do not feel safe walking even as short a distance as 300m (1 14 mi) to their neighbors' houses. Washington Traffic Safety Commission research shows that rural (county) roads have higher than average collision rates. Trail networks connecting to sidewalks can be an important step to increase the proportion of walking trips in rural areas. Whatcom County Pedestrian and Bicycle Plan Planning and Design Considerations 13 246 Types of Bicycle Facilities Shared Roadway or Shared Lane: Bicyclists ride in the travel lanes, sharing the roadway with motor vehicle traffic. Shared roadways have lower traffic volumes and lower speeds and they accommodate bicyclists without special signage or striping. Travel lane width varies from 1 1 ft. (3.5 m) to 13 ft. (4 m). Shared roadways are appropriate bicycle facilities on roads with 2000 AADT or less and posted speed limits of 50 mph (80 kph) or less"'. Bicycle Route : A preferred route for bicyclists designated by signs, bicycle routes may be comprised of any combination of bicycle facility types. Designation of a bicycle route can assist jurisdictions in prioritizing maintenance and shoulder sweeping where higher numbers of bicyclists are expected. Established maintenance schedules to ensure bicyclist safety are important to decrease jurisdictions' exposure to liability risk. Wide curb lane or wide outside lane: A bicycle facility where additional width above a standard 1 1 ft. (3.5 m) to 13 ft. (4 m) travel lane is provided in the travel lane closest to the curb. Often found on urban roads where curbs are present, a wide curb lane can also be constructed on rural roads without curbs. Bicyclists and motorists share the lane but the additional width allows motorists to pass the bicyclists without changing lanes or crossing the center line. No special signage or striping is required. Lanes wider than 15 ft. (5 m) should not be provided as they may encourage use as two travel lanes by motorists. Paved Shoulder: Additional width contiguous to the travel lane delineated by a white 6 in. (100 mm) stripe. Paved shoulders are typically provided on an uncurbed, rural roadway but may be provided on an urban, curbed roadway. Bicycle Lane: A portion of the roadway designated for exclusive use by bicyclists. It includes roadway striping, pavement markings, and signage. It should be a one- way facility in the direction of the adjacent motor vehicle lane. Under special circumstances, contra -flow and two-way bicycle lanes can be constructed, with additional safeguards to protect cyclists and motorists from collision. Bike lanes are recommended for urban locations where traffic volume is high and where turning conflicts are controlled or limited. Parking, driving, and emergency stopping are prohibited in bicycle lanes. At intersections with right -turn lanes, the bicycle lane should be designed to continue on the left side of the right -turn lane"'. (Formerly called a Class II bicycle facility) Shared Use Paths: Facilities on exclusive rights -of -way with minimal cross flow by motor vehicles. Users are non -motorized and may include bicyclists, in -line skaters, roller skaters, wheelchair users (both electric and manual) and pedestrians, runners, people walking pets and others. Whatcom County Pedestrian and Bicycle Plan Planning and Design Considerations 14 247 Shared use paths may be located within or along the roadway right-of-way (separated by a grassy berm or swale), or along former railroad rights -of -way or utility easements not adjacent to roadways. Other names for Shared Use paths include trail, bike path, or multi -use path. (Formerly called Class I bicycle facility). Bicycle Parking and Racks: Destinations such as schools, commercial centers, entertainment or recreation sites, shopping centers, or transit stops should have sufficient bicycle parking facilities to serve bicycle travelers. Bicycle racks should be secure, located close to entrance -ways in well -lit areas with good sight distance. Design of bicycle racks should take into consideration the duration of visits and the likely type of bicycle equipment. For example, a market or recreation area should have sufficient space to accommodate bicycles with trailers; an employment site should offer secure, covered parking for employees while providing easily accessible short-term bike parking for office visitors. Short-term bicycle parking (such as for customers or visitors) should be located close to the entrances to buildings for security and convenience. Long-term bicycle parking (for employees or residents) may be located somewhat further from building entrances, but must be secure, covered, and convenient. Large parking lots should have a delineated bike route from roadways to building entrances and bike parking. Bicycle lockers: Destinations where bicycles will be parked for several hours at a time on a regular basis may be appropriate locations for bicycle lockers. Bicycle lockers require a management system for allocating access, maintenance, and monitoring to prevent illegal uses. Transit hubs, commercial/shopping centers, schools, recreation fields, and destination sites that attract large numbers of regular visitors are appropriate sites for installation of bicycle lockers. In sites with security monitoring, a covered, fenced area with restricted access for bicycle parking can function as a substitute for bicycle lockers. Bicycle way -finding signs: Signage for designated bicycle routes and bike lanes is an important reminder for motor vehicles to be aware of sharing the road. These signs assist bicyclists on longer trips to choose routes that serve bicycles well. Designated bicycle routes and lanes receive high priority for shoulder sweeping and maintenance. Signage on shared use paths should indicate cross -street names at intersections along with direction and distance to common destinations. To aid bicyclists as they navigate unfamiliar routes, bike maps can be posted around town at transit shelters. Bicycle -activated Signal Loops and pavement markings Traffic signals operated by in -pavement sensors should be calibrated to respond to bicyclists. Pavement markings can be placed on the lane area indicating the location for bicyclists to trigger the signal. Whatcom County Pedestrian and Bicycle Plan Planning and Design Considerations 15 Bicycle Boulevards or Multi -purpose Streets Low - traffic roadways parallel to arterials can be signed and retrofitted to facilitate bicycle through traffic while prohibiting motor -vehicle cut -through traffic. Facilities to restrict motor vehicles are illustrated in the AASHTO publication Innovative Bicycle Facilities. Showers. Lockers and Changing Rooms at Commute sites or Bike Stations: Bicyclists commuting to work may prefer to clean up for the work day. Bike Stations are centrally located facilities to serve this need, often including secure, monitored bicycle storage. Note: Bicycling is not recommended on sidewalks except when the bicyclist is traveling at pedestrian speed (3 mph) and otherwise behaving as a pedestrian. Bicyclists on shared -use paths and sidewalks must yield to pedestrians and horseback riders. Determining the appropriate bicycle facility for a given transportation corridor is dependent on the type of bicycling use to be served. For example, bicycle facilities leading to elementary schools should expect to serve beginning bicyclists (Group C). Facilities connecting employment centers to residential areas over longer distances may be designed to serve regular bicycle commuters (Group A). The following criteria should be considered to determine the appropriate facility for a given location: • What is the skill level of the "design bicyclist" who will use the facility? • What are the traffic volumes and posted speeds? • Is the area urban or rural? • What is the roadway design cross-section: curbed, on -street parking, intersections and driveways, etc.? Other Non -motorized Transportation Modes Facilities to serve other types of non -motorized transportation in addition to walking and bicycling are important elements of a comprehensive transportation system. The following types of travelers should be considered in the design of non - motorized networks, infrastructure, and trails: Whatcom County Pedestrian and Bicycle Plan Planning and Design Considerations 16 249 • rollerbladers and roller skaters • skate boarders • scooters (non -motorized) • horseback riders Pedestrian and Bicycle Access to Transit Each transportation journey usually includes more than one travel mode: car or bicycle trips begin and end with a walking component, pedestrian trips can connect to a bus, train, or carpool. An effective non -motorized transportation system plan requires coordination and interconnection with the full range of public transportation facilities. The networks of paths, bike routes and sidewalks should be designed to serve as feeder arterials to bus terminals, ferry ports and train stations. Design and location of inter -modal transfer points should ensure that the pedestrian and bicycle network connects with residential and commercial destinations. Whatcom Transportation Authority was awarded honors for the highest one-year increase in ridership of all systems nationwide in 2008. Safe walking and bicycle access to transit stops can further increase ridership. Whatcom County Pedestrian and Bicycle Plan Planning and Design Considerations 17 250 251 REGIONAL NETWORKS Current Conditions Since the establishment of the Bicycle Pedestrian Advisory Committee in 2001, Whatcom County has taken several strong steps toward beginning to create a regional bicycle and pedestrian network: • adoption of the bike plan and map in the Comprehensive Plan • signage of bike routes on Hannegan and Birch Bay-Lynden Roads • convening of the February 2005 non -motorized transportation arterial summit • inclusion of a non -motorized transportation arterial network line item in the 2005 Transportation Improvement Program project list • construction of the Marine Drive bike lanes and sidewalks from Bennett Road to Locust Avenue These first steps are important, but regional connectivity for walking and bicycling as transportation will require additional planning, policy, and construction steps. Some examples of discontinuity are: • Safe Routes to School: many schools have not maintained or published up- to-date walking route maps for students to get to school; school transportation officials often do not coordinate with the public works staff for walking and bicycling facilities near schools • Sidewalks: sidewalks and paths do not form a continuous network in most neighborhoods; sidewalk maintenance and upgrades have not yet met accessibility requirements for the Americans with Disabilities Act (ADA) • Bike routes: the existing number of signed bike routes on County roads does not yet constitute a complete network; local standards for construction of bike lanes make them cost prohibitive; An effective bicycle and pedestrian system for Whatcom County will require facilities for both regional connectivity and local access. Regional connectivity can be defined as transportation routes connecting major activity centers, towns, and cities within the region. A good example of a regional facility would be the proposed Nooksack River Trail or the existing bike route along Hannegan Road. Local access facilities provide circulation within a community area, for example, the Jim Kaemingk Trail connecting downtown Lynden with the playing fields or the proposed walking trail from Paradise to Kendall Elementary School. Whatcom County Pedestrian and Bicycle Plan Regional Networks 18 252 Regional and local facilities should serve pedestrians and bicyclists of all skill levels. In some corridors, this may require parallel facilities such as on -road bike routes and separated off -road shared -use paths. Shared -use paths should complement, not replace, the on -road bicycle network. The recommendations in this non -motorized plan should be one of the elements considered when determining future funding of Whatcom County transportation projects and planning. Regional Trails Plan With its attractive scenery and outdoor recreation attractions, Whatcom County has the potential to become a regional destination for trail -based recreation and travel if a comprehensive trail network is developed. Initial planning for a comprehensive east -county trail network has been completed in the Mt. Baker Foothills Chain of Trails Concept Plan, published in December 2004. The recommendations of the Chain of Trails plan complement the trails goals of the 2006 update of the Whatcom County Parks and Recreation and Open Space Comprehensive Plan to present a strategy for development of a transportation and recreation trails network serving residents and visitors in the Foothills. Shared use paths are recommended for several parts of Whatcom County where walking and bicycling needs are currently underserved. These trail corridors do not yet have identified rights -of -way. Specific design and location will require additional study in the implementation phase and will depend on easement acquisition feasibility. The Whatcom Transportation Plan Non -motorized Transportation Chapter adopts the recommendations of the Chain of Trails plan by reference and recommends the development of an equivalent detailed trail network plan for the west county areas and incorporated cities. Shared Roadways Low -traffic roads are essentially shared pedestrian and bicycle facilities. Strategically placed signage to alert motorists to expect and yield to bicyclists and pedestrians on the roadway could be one method increase the safety of these non -motorized travelers on the roadway. Education and enforcement campaigns can assist vehicle drivers and non -motorized travelers to understand safe and courteous methods for sharing the road. Shared low -traffic roads are defined as those where average annual daily traffic counts (AADT) are less than 2000. This low traffic level along with a effective public education and enforcement system has been shown to be safe and cost effective by the North Carolina Department of Transportation, based on research and documentation conducted since 1977. Whatcom County Pedestrian and Bicycle Plan Regional Networks 19 253 In the event that motor vehicle trips increase above the 2000 AADT level, construction of bicycling and walking facilities should be evaluated. Planners and engineers should evaluate whether and what type of facilities would be appropriate to build based on the criteria set forth in the most recent edition of the AASHTO Guide to the Development of Bicycle Facilities. Design of specific facilities and infrastructure for each of the recommended regional bicycle corridors identified in the map may vary depending on the types of trips and travelers, i.e., the "design user." For example, facilities designed for a route within the one -mile walk radius of a primary school may vary from those in proximity to a state highway with wide shoulders. For this reason the map indicates the flexibility to specify shoulders, bike routes, bike lanes, sidewalks or a multi -use trail separated from the road. Engineering consultation with the Bicycle Pedestrian Advisory Committee during the design phase is expected to help determine the correct infrastructure to serve the skill level of the bicyclists and the pedestrians in a given corridor. Whatcom County Pedestrian and Bicycle Plan Regional Networks 19 254 Whatcom County Pedestrian and Bicycle Plan 20 255 IMPLEMENTATION RECOMMENDATIONS This section provides baseline cost estimates for bicycle and pedestrian facilities, identifies funding sources and funding strategies. Regional Facilities To improve transportation connections for walking and bicycling, Whatcom County will need to establish two types of regional networks: • an on -road bicycle facility and sidewalk network • a regional multi -use path network These networks should be interconnected, for example, sidewalks connect seamlessly with paths and bike lanes connect to shared -roadway bike routes. The networks should also be coordinated with public transportation hubs and activity centers to enable multi -modal trips of longer distances. The facilities identified in this plan represent a regional framework for establishing implementation and funding priorities by the Regional Transportation Planning Organization (RTPO) and its member communities and agencies. Regional Priorities The recommended priority project list for a regional pedestrian and bicycle network is shown in Table 3-1 and is illustrated in the map in Appendix 2. These projects, when completed, will form a network designed to connect residential areas, shopping and employment centers, cities, schools, parks, and transportation hubs. Table 3-1 represents the Bicycle/Pedestrian Advisory Committee's high priority recommendations over the next six years. These recommendations are advisory until incorporated into either the Six -Year Transportation Improvement Program (TIP) or Six -Year Capital Improvement Program (CIP). The County should include projects from the on -street routes listed in Table 3-1 when updating the Six -Year TIP. The County should include projects on the off-street routes listed in Table 3-1 when updating the Six -Year CIP. Prior to inclusion in either the TIP or CIP, the County and Bicycle/Pedestrian Advisory Committee will work together to determine the costs of these projects in greater detail so that the fiscal impacts to the County can be ascertained. Planning and Development should review all new permit applications for impact to this plan and to identify new non -motorized transportation facilities and links needed as major developments are planned. Whatcom County Pedestrian and Bicycle Plan Implementation Recommendations 21 256 Project priorities should be reviewed annually in consultation with the Bicycle Pedestrian Advisory Committee. State Route Policy Safe pedestrian and bicycle facilities should be provided routinely as transportation corridors are enhanced. Since State Routes are the most heavily traveled transportation corridors, all State Routes should have "Complete Streets", i.e., reasonable bicycle and pedestrian facilities installed as construction, re- surfacing, and maintenance occur. In addition, state routes that pass by schools, libraries, markets, etc. adjacent to clustered housing must be provided with pedestrian facilities that are actually separated and reasonably safe to accommodate citizens of all age groups and ability levels. In locations where topography or adjacent uses encourage pedestrian trips, multi -use paths may be installed instead of bike lanes and sidewalks, if engineering studies, land use plans, and transportation demand management goals warrant. Pedestrian and Bicycle Project List Table The following table details the primary routes shown on the Pedestrian and Bicycle Map that this document references. Additional Bikeways are shown on the map in Appendix 2 and must be included in the overall enhancement program for signage at the earliest opportunity then brought to the latest standards in force as these corridors are refurbished. Note that this plan serves as a guide only, it is crucial that upgrading the county transportation system to include safe pedestrian and bicycle modes must become a matter of consistent policy. The Priority Projects Table lists the six -year priority list for project implementation of the major corridors. Where available, funding sources and estimated project costs have been included. The projects are listed in priority order, based on ranking criteria discussed on page 25. Whatcom County Pedestrian and Bicycle Plan Implementation Recommendations 22 257 Prioritv Proiects Table 2008 — 2014 priority Enhancement Needs Project Agency Funding 2008- 2010- 2012 _ rank Sources 2010 2012 milestone costs costs ($K) 2014 target for Y/E ($K) costs 2004 ($K) 1 Marine Drive BNSF railroad Multi -use trail Grant funding Parks, Port, SRS, BP 240 K crossing at -grade trail (or airport trail bridge by-pass) BNSF Safety, BRAC 2 Drayton Harbor Road trail Multi -use trail Signing & COG, WCRF, 50 10 -0- partition or traffic limitation (with conversion of 1 lane of painting Whatcom TEA-21 Lincoln Road construction) existing road Co. Public Works 3 Nooksack River Trail, Multi -use paths Planning IAC, 10 1000 4000' Ferndale to Lynden TEA-3x, (north/west bank) land From Marine Dr. to Kendall donation s 4 Kendall-Sumas Road from Bike lanes or shared State Bike WSDOT Kendall Elementary School to shoulders with Ped Plan Limestone Road parallel Multi -use path 5 Nooksack River pedestrian . Multi -use trail bridge Parks Plan Parks, bridge connecting Pioneer Flood Park and Hovander Park 6 North Shore Road from Bike lanes (4.2mi) Planning Whatcom WCRF, 10 560 700 Bellingham city limits to North and/or separated Shore Trail shared use path, Co. Public TEA-4x possibly along utility Works corridor 7 Tyee Dr. Bike lanes or multi- Whatcom WCRF, 5 -0- 4 From Roosevelt Rd. to Edwards use path, with county Co. Public TEA-3x Dr. reconstruction Works 8 Haxton Road from Multi -use parallel Public Works Gooseberry Point to Slater path, bike lanes, Road remove rumble strips 9 Birch Bay Dr. from Pt. Bike lanes and shared Planning, Whatcom TEA-21, 50 150 300 Whitehorn Rd. to Birch Bay use path Parks, Public Co. Public WCRF, Village Works Works; IAC, Flood CZM Division 10 Lake Terrell to Hovander Park Multi -use trail Parks or trail, Right-of-way acquisition Public Works and construction (Coast Millennium Trail) 11 Dewey Valley section of Bay Multi -use trail parallel to Baker Trail to SR542 Whatcom County Pedestrian and Bicycle Plan Implementation Recommendations 23 258 12 Everson to Lynden Nooksack Multi -use trail parallel River Trail (north bank) to river 13 Blue Canyon Connector trail, Multi -use trail Parks connecting Hertz trail to Blue Canyon Parkway 14 Bay -To -Baker Trail Multi -use paths Planning COG, WC, 500 500 8000 Maple Falls to Glacier Whatcom TEA-3x, (including bridge at Cornell Co. Public land Creek) Works donation s 15 Marine Drive from Bancroft to Bike lanes and/or Planning, PE Whatcom WCRF 10 190 -0- McAlpine parallel multi -use path Co. Public Works 16 City of Ferndale to Marine Multi -use paths Planning, PE Whatcom WCRF, 50 2250 -0- Drive, Coast Millennium Trail, Parks, TEA-21, Nooksack River Trail DFW, IAC, (including trail under Slater, Whatcom TEA-3x and trail link at Hovander Co. Public Park) Works 17 Portal Way from Blaine to Bike lanes, and Planning Whatcom WCPWM -0- -0- 22 Ferndale parallel multi -use path Co. Public Works 18 Hannegan Road from Hwy 542 Bike lanes and Signing & Whatcom WCRF 22 -0- -0- to Lynden sidewalks, with priority near schools. consider painting Co. Public Boulevard design Works 19 Birch Bay/Lynden Rd. Bike lanes and Signing & Whatcom WCRF 24 -0- -0- From Lynden to Harbor View Rd. sidewalks or multi -use painting Co. Public trail Works 20 E. Bakerview Rd from Meridian Bike lanes and Planning, PE B'ham and WCPWM, -0- 64 -0- to Hannegan sidewalk. Some shoulder widenings, Whatcom WCRF, particularly within Co. Public B'hamPW Bellingham city limits Works 21 W. Bakerview Rd./Airport Dr. Bike lanes: re -stripe Signing & Whatcom WCPWM 6 -0- -0- from Meridian to Marine Dr. shoulder to meet bike lane standards painting Co. Public (currently substandard Works width & turn lane configuration) 22 Sunset Dr. (Hwy 542) Bike lanes Signing & WSDOT WSDOT 26 -0- -0- From Hannegan Rd. to Hwy 9 painting Maint. S. Whatcom County Pedestrian and Bicycle Plan Implementation Recommendations 24 259 23 South Lake Whatcom Braided connector connector to Lake Samish Dr beginning at Camp 2 Road and South Bay E via Cain Lake Dr that connects to Lake Samish Dr E to provide connectivity for a southern loop around Lake Whatcom. 24 Point Roberts Loop Trails, Multi -use paths Planning COG, IAC, 10 200 1200 Interconnecting loops around Whatcom TEA-3x Monument Park and Lily Pt. Co. Public Works 25 Lookout Mountain (Galbraith Multi -use paths Planning COG, WC & 100 250 250 area) Trails, North/South connecting Whatcom Falls Completing westerly Whatcom B'ham, Park to Lake Padden, segments of a Lake Co. Public IAC, East/West connecting Lake Whatcom Loop Works, Land Louise Rd to Yew St. and Park Department properties. Bellingham donation Parks s total cost of project Approx. $10M , assuming no land donations Priority Ranking Criteria Priority projects have been identified from the complete project list to assist in allocation of funding according to greatest need. The priority rank for each project is based on scores for the following six criteria: 0 serves a residential or relatively high density population area 0 leads to a school or is part of a school route 0 provides access to a recreational facility or park 0 functions as a key network fink for the regional non -motorized network 0 offers economic development potential for an under -served area 0 ease of implementation due to low cost, public ownership, or other feature In 2006 the Whatcom County Bicycle Pedestrian Advisory Committee ranked the following projects using the above criteria and adopted this list of projects as those which have highest priority for construction: Priority Project Summary List Old Marine Drive BNSF trail crossing or airport trail (bridge by-pass) Drayton Harbor Road trail conversion (with Lincoln construction) Nooksack River Trail Ferndale to Lynden Kendall-Sumas Road separated multi -use trail Whatcom County Pedestrian and Bicycle Plan Implementation Recommendations 25 260 Nooksack River Hovander to Pioneer Park trail bridge North Shore Road multi -use trail Tyee Drive separated multi -use trail Haxton Road separated multi -use trail Birch Bay Backshore Berm trail 0. Lake Terrell to Hovander trail acquisition and construction 1 Bay to Baker Trail - Dewey Valley 2. Nooksack River trail - Everson to Lynden 3 Blue Canyon Connector 4 Bay to Baker Trail - Maple Falls to Glacier 4a. Cornell Creek Bridge at Glacier on Bay to Baker Trail 5 Marine Drive separated multi -use path or shoulders 6 Nooksack River Trail Marine Drive to Hovander Park 6a. Nooksack Dike Trail Hovander Park link 6b. Nooksack River Trail under Slater 7. Peace Portal Drive shoulders and multi -use path 8. Deming Library SR542 Crosswalk 9. Hannegan Road Complete Street or Boulevard Seniors are the fastest growing demographic segment and seniors benefit from transportation options other than driving. Whatcom County Pedestrian and Bicycle Plan Implementation Recommendations 26 261 POLICY RECOMMENDATIONS Context Sensitive Considerations As noted earlier in the plan, cycling expertise varies among the many types of people who should be accommodated on the bicycle transportation network in Whatcom County. The list of routes in Appendix 3 indicates priorities for construction of bike lanes or designation of bike routes, as reconstruction of roads occur. Other roads and routes are expected to accommodate bikes sharing the existing roadway width with other mode travelers. Many cyclists prefer to ride on narrow scenic roads where traffic is light. The plan recommends preserving the historic character of low -traffic, low -speed roads where parallel routes offer alternative routes for higher speed and higher volume travel. The list of roads in Appendix 4 indicates priorities for "Heritage" cycling routes where action strategies should be limited to maintaining low traffic volumes and speeds and facilitating safe sharing of the roads in their existing configuration. Policy Priorities for Implementation Implementation strategy - Complete Streets: Give priority to construction of sidewalks and bike lanes on streets within incorporated cities and small towns. When streets are reconstructed or resurfaced, and when new developments are built changing transportation patterns, facilities for walking and bicycling should be added or enhanced to serve increased non -motorized traffic flow. Implementation strategy- Sidewalks: Give priority to sidewalks within incorporated cities and small towns and along roadways within a one -mile radius of schools in incorporated or unincorporated areas. Walking trips are generally less than 3 miles (5 km). The provision of sidewalks has been shown to reduce car use for these types of short trips (75% of U.S. car trips are less than 5 miles; and half of those trips are less than 1 mile). Urban areas have the potential to serve more pedestrian trips than rural areas due to the proximity of multiple destinations within the expected 3 mile radius from home. Sidewalks should be considered where road reconstruction projects take place in unincorporated (rural) areas of the county within one mile of commercial centers, as part of a policy of complete streets. Shared -use paths can substitute for sidewalks where they would serve as an equivalent Whatcom County Pedestrian and Bicycle Plan Policy Recommendations 27 262 pedestrian connection. In rural areas where roadside ditches provide drainage, walking paths should be constructed on the far side of the ditch to provide pedestrians with additional protection from motor vehicles while preserving wetland and habitat functions of the existing drainage facilities. Roadway shoulders, while not a welcoming pedestrian facility, may also be considered in the project design for certain sites. Implementation strategy - Commercial and residential developments: sidewalks, paths, and other pedestrian accommodations should be funded by the developer of new or redeveloped commercial and residential projects. Besides sidewalks along street frontage, internal sidewalks or paths for on - site circulation are necessary to connect walkers from public streets to building entrances and within and between buildings. Pedestrian ways should be protected from conflict with motor vehicles with clear demarcation of walkways and crossings. Implementation strategy — Bicycle facilities: Design projects to meet the needs of cyclists of all skill levels and for an increased demand. Whatcom County Comprehensive Plan policies and goals support and encourage an increase in bicycle transportation trips. Commercial, residential and transportation construction projects should incorporate capacity expansion for bicyclists to ensure support for these increased bike trips. Capacity considerations should include short-term parking, long-term secure parking, sufficient width of shared -use facilities to prevent conflict with other travelers, and other elements described in Chapter 2. Implementation strategy: Develop and apply Bicycle and Pedestrian Level of Service Standards or Level of Quality Standards. Engineering standards for roadway capacity for motor vehicles are based on regular and systematic vehicle counts on all major roads. Roadway widths„ speed limits, and design of intersections are components in calculation of Level of Service and this measurement offers a basis for decisions about when and where to construct changes to the road system. Level of Service standards for walkways and bicycling have been developed to offer a measure by which facilities could be ranked and construction priorities could be established. Level of Service for pedestrians and bicyclists must measure different characteristics than capacity and speed. Walkways serve pedestrians well when they have street trees and are adjacent to store fronts, for example. Bicyclists may be well served by a low traffic shared roadway lane in a downtown location but may benefit from a wide shoulder in a higher speed area. Whatcom County Pedestrian and Bicycle Plan Policy Recommendations 28 263 Each of these characteristics can be quantified to result in a measurement of Level of Service that can then be useful for planners, engineers and policy makers. The Florida Department of Transportation and at the City of Portland, among other areas, have developed effective Level of Service formulae for walking and bicycling. For a successful long term approach to building and maintaining a walking and bicycling transportation network, Whatcom County will benefit from adopting a similar Level of Service (or, as the City of Portland has termed its equivalent measure, Quality of Environment) standard. Implementation strategy: Develop and implement consistent and coordinated education and enforcement campaigns to assist vehicle drivers and non -motorized travelers to understand and abide by safe and courteous methods for sharing the road. Incremental Implementation In cases where environmental factors would limit or prohibit the construction of a uniform facility for the entire length of a roadway segment, a modified facility may be provided for a portion of the segment as an interim solution. Funding Strategies The estimated cost of construction of the recommended facilities will exceed local public resources if implemented without coordination with other development or capital projects. Innovative funding and project programming can extend available funding. For example, roadway shoulder width can be added as part of regularly scheduled roadway reconstruction rather than as a bicycle project. For a residential development, public trail easements connecting to the regional trail system can be included as part of the development permit conditions. Walking and bicycling are part of the human culture and should be automatically included in standard public policy, planning, design, and construction". As guidelines and policy manuals are updated, each should be revised to ensure inclusion of standards and requirements for pedestrian and bicycle infrastructure. For example, if criteria are included in the permitting process for residential or commercial developments to encourage walking and bicycling, the cost of design and construction of these elements do not become a public tax burden. Whatcom County Pedestrian and Bicycle Plan Policy Recommendations 29 264 Project Cost Range Estimates Costs vary widely depending on the type of facility being developed and by the standards used. Funding sources, zoning or land -use designation, and environmental considerations can regulate the design and cost of a trail or road - shoulder or other facility. The major types of facilities considered here include: • sidewalks, • shared -use paths, • shared -use shoulders, • crosswalks o unmarked, o marked, o signalized • on -road bicycle facilities: o shared lanes, o wide curb lanes, o striped paved shoulders, o designated bicycle lanes. Additional facilities to consider include: • separated grade crossings • curb ramps • curb extensions • audible crossing signals • signalized crossings • inter -modal transfer hubs Each type of facility provides a different level of service to the pedestrian or cyclist, and each has different cost considerations both for initial construction and on -going maintenance. For example, designated bicycle lanes have higher initial and on -going costs than wide curb lanes because of the additional stenciling, striping, and signage required for a bicycle lane. In some cases, on -road bicycle facilities can be constructed for low cost by retro- fitting an existing roadway with new striping, removing on -street parking, or changing the width or number of travel lanes. In some cases, addition of shared use paths or sidewalks will require right-of-way acquisition and new construction. Tax advantages are available to property owners through the Whatcom County Code Open Space ordinance"' for designating a public access trail on private property. Transportation funds can be used for trail development where trails (shared use paths) will reduce motor traffic on roadways". Whatcom County Pedestrian and Bicycle Plan Policy Recommendations 30 265 Sample Federal Funding Sources Implementation strategy: Ensure that pedestrian and bicycle facilities are given due consideration in all projects using federal transportation funds, as required by federal law. This means including these facilities in all roadway projects, except where prohibited by law. The federal funds that the Regional Transportation Planning Organization (RTPO) allocated every year are passed through to the RTPO, Whatcom Council of Governments, by the Washington State Department of Transportation (WSDOT). Some state funds are allocated for transportation projects in Whatcom County by WSDOT. Before these projects can proceed, federal law requires that the RTPO review and approve the spending of federal transportation funds within its area of jurisdiction. Several federal funding programs provide opportunities to build or maintain transportation facilities for walking and bicycling. Below is a summary of these funding categories and eligible types of projects and programs from the Federal Highway Administration, Federal Transit Administration, and other federal agencies and departments. There are limitations on the types of projects on which federal funds can be spent. Interstate Maintenance funds — these funds may be used to improve sidewalks, shoulders, bicycle lanes, pedestrian crossings at interchanges and overpasses. Potential project locations: Interstate 5 interchanges at Guide Meridian, Lakeway Drive, Old Fairhaven Parkway, Ferndale Main Street, Blaine H Street. National Highway System (NHS) funds — these funds may be used for paths within the Interstate highway rights -of -way; sidewalks, bicycle lanes or paved shoulders on major roads or border crossings; underpasses/tunnels or overpasses on major roads. State transportation departments receive NHS funds by a formula set by Congress and typically program these funds directly with concurrence from the RTPO. Potential project locations: constructing a shared -use path along Interstate 5 from Bakerview Road to Blaine; constructing bike route shoulders along Pacific Highway and Peace Portal Way; constructing a shared -use path along the Mt. Baker Highway from Bellingham to Deming; acquiring right- of-way and constructing a shared -use path along State Route 9 from Sumas to Nugent's Corner; Whatcom County Pedestrian and Bicycle Plan Policy Recommendations 31 266 Highway Bridge Replacement funds — Federal guidance directs jurisdictions to presume that people will walk and bicycle on bridges using those funds for reconstruction. Projects using these funds should give due consideration to walking and bicycling as part of project design. Surface Transportation Program (STP) — these funds may be used to construct new or improved facilities for walking and bicycling as part of roadway projects. STP funds can support publication of maps for bicycling or walking routes, and can fund promotion and encouragement of walking and bicycling transportation. Transportation Enhancements (TE) — ten percent of STP funds allocated to Washington State are set aside to fund Transportation Enhancements, including bicycle and pedestrian construction, safety education, and rail right-of-way preservation for trails. These funds can be used for bicycle and pedestrian projects that are not part of a roadway development. Safety Set -aside — an additional ten percent of STP funds allocated to Washington are designated for safety improvements, including safety of people walking and bicycling. The Hazard Elimination Program is one sub -program whose funds can address high priority safety problems. Priority for these funds is based on locations with fatality collision rates statewide, consequently, high speed motor vehicle routes have had precedence in the ranking. Congestion Mitigation Air Quality Funds — these funds are allocated to areas where air pollution does not comply with federal standards. Funds can be used to reduce automobile trips, the major factor contributing to air pollution. Whatcom County air quality complies with federal standards, consequently these funds are not available here. Recreational Trails Program — these funds are administered by the Interagency Committee for Outdoor Recreation and they can be used to plan, maintain, restore, and construct recreation trails. Projects are competitive statewide and are generally awarded to Parks and Recreation Departments based on priorities identified in their comprehensive plans. National Scenic Byways Program — these funds may be used for projects affiliated with a state -designated scenic byway. In Whatcom County, three routes have this designation: Chuckanut Drive (State Route 11), Mt. Baker Highway (State Route 542), and Valley Highway (State Route 9). Sidewalks, crosswalks, informational signing, bicycle lanes, and bicycle parking are among the eligible projects. Whatcom County Pedestrian and Bicycle Plan Policy Recommendations 32 267 Potential project locations: Designation of Mt. Baker Highway shoulder from Bellingham to Deming as a bike lane; pedestrian crosswalk installation at Deming Public Library; construction of a shared -use path along the Mt. Baker Highway right-of-way from Bellingham to Nugent's Corner; construction of a sidewalk along Chuckanut Drive from Willow to 12'h Street; construction of a shared -use path along the Valley Highway right-of-way from Wickersham to Deming High Priority ProjectsIDemonstration ProjectslCongressional Earmarks — These are projects inserted into the annual transportation appropriate at the congressional level. Earmarks have specific applicability for pedestrian and bicycle projects for which there is broad public and political support. Expensive projects for which other funding sources are inadequate, they are likely to include bridge projects with sidewalks and bike lanes, bridges or overpasses for trails, or rail trails. Kettle Valley Trail in British Columbia attracts millions of dollars in bicycle tourism annually. Whatcom County historic rail lines featured trestles similar to the one pictured above. Whatcom County Pedestrian and Bicycle Plan Policy Recommendations 33 269 APPENDICES Appendix 1: Glossary of Terms and Definitions AASHTO — American Association of State Highway and Transportation Officials Bham - Bellingham Bicycle route — A system of bikeways, designated by the jurisdiction(s) having the authority, featuring appropriate directional and informational route markers. A series of bikeways may be combined to establish a continuous route and may consist of any or all types of bicycle facilities. Bike lane —A portion of a highway or street identified by signs and/or pavement markings reserved for the exclusive use of Bikes. Bikeway — Any trail, path, part of a highway or shoulder, or any other traveled way specifically signed and/or marked for bicycle travel. Category A bicyclist — Advanced or experienced riders who are generally using their bicycles as they would a motor vehicle. They want direct access to destinations with a minimum of delay and are comfortable riding with motor vehicle traffic. Category B bicyclist — Basic or less confident adult bicyclists who might be using their bicycles for transportation purposes. They prefer to avoid roads with fast and busy motor vehicle traffic unless there is ample roadway width. Category C bicyclist — Children, riding alone or with their parents, or other inexperienced or disabled cyclists who need access to key destinations in the community such as schools, friends, recreational facilities, social services, stores, and other sites. Residential streets with low motor vehicle speeds (linked with shared use paths and busier streets with well defined pavement marking between bicycles and motor vehicles) can accommodate Category C cyclists with shared roadway markings or other means as a way to facilitate their bicycle travel. These shared roadway routes can supplement parallel high -traffic roads where Category A cyclists would ride in the travel lane of highways and major arterials. Chain of Trails — Project to study the potential trail systems links in the county. The first phase, begun in 2000, is led by WCOG and focuses on the Mount Baker Foothills region. CMT — Coast Millennium Trail. A bicycle route connecting between Skagit County and the Canadian border, sited primarily along the coast. COG — Whatcom Council of Governments. Alliance formed to coordinate regional issues between jurisdictions, such as transportation planning. www.wcog.org CZM — Coastal Zone Management. www.ocrm.nos.noaa.gov/czm/ IAC — Interagency Committee for Outdoor Recreation. www.iac.wa.gov PE — Preliminary engineering Shared roadway — A roadway that is open to both bicycle and motor vehicle travel. Shared roadways do not have dedicated facilities for bicycle travel. Whatcom County Pedestrian and Bicycle Plan A-1 270 Shared use path — A facility on exclusive right of way with minimal cross flow by motor vehicles. It is designed and built primarily for use by bicycles but is also used by pedestrians, joggers, skaters, wheelchair users (both non -motorized and motorized), and others. TEA-21 — Transportation Equity Act for the 215' century. A federal program to direct additional transportation funding to travel modes other than single -occupant motor vehicles. These grant opportunities expired in 2000. TEA-3x — Reauthorization of TEA-21, currently being evaluated in congress. These new grant opportunities are expected to become available in 2004. WC — Whatcom county WCRF — Whatcom county road fund. Primarily from gasoline and property taxes, these funds are administered by the county Public Works Department. WCPWM — Whatcom county public works, maintenance. Facility maintenance funds administered by the county Public Works Department. WSDOT — Washington State Department of Transportation. Whatcom County Pedestrian and Bicycle Plan A-2 271 .......... .. .... .. ... .. . . . .... .. .. . ... . ....... ... r i ............... sm 3 !72 73 Appendix 3 Proposed Bike Routes List Whatcom County Bicycle Pedestrian Advisory Committee Proposed Bike Routes Criteria: Connectivity between communities Scenic byways All state highways Existing routes: Hannegan Road between Bellingham and Lyndon Birch Bay-Lynden Road between Birch Bay and Lynden Proposed Routes: State Highway 539 from the Bellingham city limits to State Highway 546 (East Badger Road) (through Lynden) State Highway 642 (Mt Baker Highway) from Bellingham city limits to Mt Baker State Highway 544 (East Pole Road) from State Highway 539 (Guide Meridian Road) to State Highway 9 in Nooksack State Highway 546 (East Badger Road) from State Highway 539 to Sumas city limits. State Highway 548 from Portal Way to Blaine city limits State Highway 9 from the Whatcom — Skagit county line to Sumas city limits State Highway 11 (Chuckanut Drive) from the Bellingham city limits to the Whatcom — Skagit county line Northwest Drive between Bellingham city limits and intersection with Wiser Lake Road Axton Road from Northwest Drive to Ferndale city limits Wiser Take Road to Hannegan Road Smith Road from Ferndale city limits to State Highway 542 Slater Road from Northwest Drive to Lake Terrell Road to N Red River Road to Haxton Way to Lummi Shore Drive to Marine Drive to Bellingham city limits From Lumml Island ferry terminal to Nugent Road to West Shore Drive to Legoe Bay Road to ferry terminal Mosquito Lake Road from Acme to Truck Road to State Highway 542 South Pass Road from Nooksack to Silver LakelSilvar Lake Road to Maple Falls From Lawrence at State Highway 9 on Siper Road to Goodwin Road to Telegraph Road to Sumas/South Pass Road From Everson on North Washington Street (Van Buren Road) to Hampton road to Lynden. From Lynden on Hampton Road to Northwood Road to Timon Road to Stickney Island Road to Everson From State Highway 642 (Mt Baker Highway) on Everson -Goshen Road to State Highway 544 (East pole Road) On Northshore Drive from Bellingham city Ilmits to the County park trail Whatcom County Pedestrian and Bicycle Plan A-4 274 From State Highway 642 (Mt Baker Highway) on Y Road to Northshore Drive From Blue Canyon to Park to South Bay Road to Lake Whatcom Blvd to Bellingham city limits From Lake Whatcom Blvd on Lake Louise Road to Cable Street to Lakeway Drive to Bellingham city limits From Chuckanut Drive on Lake Samish Road (Old Samish Road) to East Lake Samish Drive to West Lake Samish Drive to North Lake Samish Drive to Lake Samish Road (old Samish Road) From Slater Road to Lake Terrell Road to Kickerville Road to Loomis Trail Road to Blaine city limits From Blaine Road (State Highway W) on Anderson Road to Birch Bay Drive From Kickervilie Road on Grandview Road (State Highway 648) to Pt Whitehorn Road Ferndale city limits on Portal Way (Enterprise Road?) to Brown Road to Kickervllle Road From Ferndale city limits on Portal Way to Blaine city limits From Loomis Trail Road on Drayton Harbor Road to Blaine city limits From Ferndale city limits on Mt View Road to Lake Terrell Road From Lynden city limits on West Main Street to Berthusen Road to West Badger Road to Line Rod to Hayne Road to Sweet Road to Blaine city limits Point Roberts: From border crossing on Tyee Drive to A.P.A. Road to Marine Drive to Roosevelt Road to Boundary Bay Road to A.P.A. Road From Tyee Drive to Benson Road to Teller to Gulf to Marine Drive Not included are proposed highway routes that would parallel the Bay to Baker Trail Whatcom County Pedestrian and Bicycle Plan A-5 275 Appendix 4 Proposed Heritage Cycling Roads List Heritage Cycling Roads are those routes which provide a rustic, scenic, low -traffic, low - speed route (generally 35 mph or less) for those cyclists who prefer to share a narrow historic road with a small number of motorists. The roads that have been selected by the committee for the Heritage designation represent routes where one or both of the following conditions is present: 1. A parallel high -traffic route with proposed or existing shoulders or bike lanes exists or has been designated for construction to serve those cyclists who prefer to bike on shoulders or adjacent to higher volumes and speeds of traffic 2. The historic and scenic character of the Heritage road would be compromised by construction of widening or shoulders and might have the unintended effect of attracting higher volumes of motor traffic traveling at higher speeds Heritage Routes may benefit from educational, and enforcement strategies to maintain the lower -traffic character of the routes and to emphasize the importance of sharing the road safely. Heritage Routes should serve pedestrian travelers with multi -use trails rather than sidewalks. The below list provides an initial sample of priorities: 1. Mosquito Lake Road 2. Goodwin, Siper, and Telegraph Roads 3. Noon Road 4. Y Road, Squalicum Lake Loop, Agate Bay Road 5. Douglas Road 6. Deming Road 7. Silver Lake, South Pass, and Reese Hill Roads 8. Pt. Roberts Loop (with trail construction) 9. Timon and Stickney Island Roads 10. Roads that parallel the Bay to Baker Trail route 11. Lummi Island Loop roads 12. Aldergrove Road Low -traffic, lower -speed roads are shared by people walking, bicycling, and driving. Whatcom County Pedestrian and Bicycle Plan A-6 276 Appendix 5: Compendium of Recommended Implementation Strategies o Implementation strategy: Fund training for elementary school teachers to become certified in a recognized walking and bicycling safety education program. (pg 6) o Implementation strategy: Fund promotional and incentive programs for Bike to Work and School Day, International Walk and Child to School Day, and TravelSmart-type community actions. Measure mode change. Actions include events, Transportation Demand Management, incentives, Whatcom Smart Trips. (pg 7) o Implementation strategy: Follow up educational outreach about courteous and safe road -sharing with enforcement actions that reinforce the message for all types of roadway users. Crosswalk enforcement, residential speed limit enforcement, (pg 7) o Implementation strategy: Implement a system to periodically count pedestrian and bicyclist transportation mode share in strategic, targeted corridors and report trends and goals in the Transportation Improvement Program (pg 7) o Implementation strategy - Complete Streets: Give priority to construction of sidewalks and bike lanes on streets within incorporated cities and small towns. (pg 29) o Implementation strategy- Sidewalks: Give priority to sidewalks within incorporated cities and small towns and along roadways within a one -mile radius of schools in incorporated or unincorporated areas. (pg 29) o Implementation strategy - Commercial and residential developments: sidewalks, paths, and other pedestrian accommodations should be funded by the developer of new or redeveloped commercial and residential projects. (pg 29) o Implementation strategy — Bicycle facilities: Design projects to meet the needs of cyclists of all skill levels and for an increased demand. (pg 30) o Implementation strategy: Develop and apply Bicycle and Pedestrian Level of Service Standards or Level of Quality Standards. (pg 30) o Implementation strategy: Develop and implement consistent and coordinated education and enforcement campaigns to assist vehicle drivers and non -motorized travelers to understand and abide by safe and courteous methods for sharing the road. (pg 31) o Implementation strategy: Ensure that pedestrian and bicycle facilities are given due consideration in all projects using federal transportation funds, as required by federal law. This means including these facilities in all roadway projects, except where prohibited by law. (pg. 33) Whatcom County Pedestrian and Bicycle Plan A-7 277 ' Surface Transportation Policy Project, Report, May, 2000 Institute of Transportation Engineers, June, 1978 Transportation Research Board Policy Study FR264, North Carolina bicycle routes standards, 1978 AASHTO Guide for the Design of Bicycle Facilities, 1999 v Peter Lagerway, Seattle Department of Transportation A RCW 84.34.055 Open Space land is defined as Any land area in which the preservation in its present use would enhance the value to the public of abutting or neighboring parks, forest, wildlife preserves, nature reservations or sanctuaries or other open space, or enhance recreation opportunities v" Clallam County Olympic Discovery Trail, etc. 278 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive ` Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax MEMORANDUM TO: Whatcom County Planning Commission THROUGH: David Stalheim, Director FROM: Wain Harrison, Long Range Planning Supervisor Gary Davis, AICP, Senior Planner Michelle Stiles, Planner DATE: November 5, 2009 SUBJECT: Bicycle and Pedestrian Advisory Committee Plan BACKGROUND INFORMATION David Stalheim Director J.E. "Sam" Ryan Assistant Director The Whatcom County Bicycle/Pedestrian Advisory Committee (BPAC) was created by Whatcom County Executive Pete Kremen in 2001, and was approved by the County Council through Ordinance 2001-013. The committee's mission is to assist the county in the planning, funding, development and implementation of facilities and programs that will result in the increased safety and use of bicycle and pedestrian travel as a significant and beneficial mode of transportation and recreation. The purpose of the Pedestrian and Bicycle Plan, as stated in the introduction of the document, is to provide guidance for the implementation of interconnected bicycle and pedestrian networks for transportation throughout Whatcom County, with the goal of increasing the active mobility choices for the entire community. The current 2003 plan expands upon the previous Whatcom County Bicycle Plan, which was originated by Whatcom County Parks and Recreation Department in 1994. The plan was then updated by -the Bicycle/Pedestrian Advisory Committee and passed as a resolution through the County Council in May 2003. The proposed revision provides additional detail to ensure that the transportation system meets the needs of pedestrians, bicyclists, and other non -motorized travelers, and inter -modal access. The current 2003 plan gives general guidelines and recommendations while the proposed revision details specific facilities both on and off road to create a region -wide network. The proposed revised plan incorporates recommendations for pedestrian and other forms of active travel facilities improvements, as well as updates to the priorities and implementation plan. The plan describes current planning and facilities related to bicycle 279 File # PLN2009-00019 November 5, 2009 Whatcom County Bicycle and Pedestrian Plan Page 2 and pedestrian transportation. As stated in the plan, an effective bicycle and pedestrian system for Whatcom County will require facilities for both regional connectivity and local access. In the plan, BPAC provides network recommendations that describe facilities and actions recommended to address gaps in the completion of a regional non -motorized network. This plan focuses on the facilities that provide regionally important connectivity and on those that are outside of incorporated areas of the county. The plan also drafts an implementation strategy that identifies steps, policies, and recommended schedules for implementation of the recommended actions. The plan more specifically defines the priorities for transportation needs, which should be implemented by the Public Works department. Included in the plan is a Priority Projects Table identifying and ranking the six -year (2008-2014) priority list for project implementation of the major corridors as well as an associated map. Where available, possible funding sources and estimated project costs have been included, these funding strategies and sources have been identified but there has been no commitment at this time. OBJECTIVES & POLICIES OF THE COMPREHENSIVE PLAN The draft Pedestrian and Bicycle Plan is not intended to be adopted as part of the Whatcom County Comprehensive Plan, but if approved by the County Council it will serve as a background document to guide transportation policy and capital project planning. On page 18 of the document, "adoption of the bike plan and map in the Comprehensive Plan" is listed as a past step toward creating a regional network. This is technically incorrect and should be rephrased to "approval of the pedestrian and bicycle plan." The following text, goals and policies are currently found in the Whatcom County Comprehensive Plan, Chapter Six, Transportation: GOAL 6M: Promote bicycle and pedestrian travel by systematically providing safe and convenient routes and facilities where feasible. Policy 6M-1: Encourage safe and efficient bikeways that link populated areas of the county with travel destinations. Policy 6M-2: Recognize public safety, education and law enforcement as integral to the development of bicycle transportation opportunities in Whatcom County. Policy 6M-3: Where practical, identify site -specific on-street/road improvements needed for bicycle/pedestrian facilities along arterials and provide for regular shoulder sweeping and other maintenance as needed. Policy 6M-4: Identify needed rights -of -way for bicycles. Policy 6M-5: Include internal pedestrian circulation systems as well as links to external systems in development projects. File # PLN2009-00019 November 5, 2009 Whatcom County Bicycle and Pedestrian Plan Page 3 Policy 6M-6: Develop a system of off -road trail networks for non -motorized transportation to link population centers, employment centers and recreation areas. Policy 6M-7: Implement a policy of providing safe pedestrian and bicycle access on county roads that have significant pedestrian and bicycle traffic as these roads are reconstructed, preferably by adding separated facilities or alternately by providing 4 foot minimum shoulders. Specifically, safe pedestrian facilities should be provided within a one mile radius of community places such as schools, markets and libraries if there is residential or other development that would generate significant foot -traffic within the one mile radius. Policy 6M-8: Implement as a priority the goals, policies and recommendations of the latest Whatcom County Bicycle Plan. If approved, more detailed implementation recommendations from the revised Pedestrian and Bicycle Plan may be incorporated into the comprehensive plan's transportation element as part of the 2011 update. Recommended Action Based on the above summary, staff recommends that the Planning Commission forward a recommendation of approval to the Whatcom County Council for the Whatcom County Bicycle and Pedestrian Advisory Committee Plan, with the correction to page 18 noted above. Attachments Attachment A: Draft Whatcom County Pedestrian and Bicycle Plan 281 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 RECORD OF PROCEEDINGS OF THE 1 WHATCOM COUNTY PLANNING COMMISSION November 12, 2009 ular Meetin Call To Order: The meeting was called to order, by Whatcom County Planning Commission Chair, Jean Melious, in the Northwest Annex Conference Room at 6:35 p.m. Roll Call Present: Jean Melious, Ken Mann, John Lesow, Rabel Burdge, Geoff Menzies, John Steensma, John Belisle Absent: David Hunter, Sean Wilson Staff Present: David Stalheim, Suzanne Bosman, Michelle Stiles, Rodney Vandersypen - Engineering, Becky Boxx Director's Dialog Director Stalheim stated Gary Davis, PDS Senior Planner, won the Washington State Planning Association Barbara Grace Award for his work on the LAMIRD project. There will be four vacancies on the Planning Commission at the end of 2009. Commissioners Menzies, Hunter, Mann and Steensma will be leaving the Commission. The Director updated the Commission with the County Council schedule. The Council will have a public hearing on the UGA update on November 24th. Executive Kremen has stated he may veto the Council recommendation. The LAMIRD issues have been forwarded to the Council for them to act on. Open Session for Public Comment Jack Petree, Whatcom County: stated he found a book relating to agriculture written in the 1940's. The Commission is welcome to look at it. Commissioner Comments Lesow stated he had submitted written testimony regarding the Fairhaven Highlands DEIS as a private citizen, not a Planning Commissioner. A copy of his comments were submitted to the Planning Commission Coordinator. He also distributed an article regarding agriculture in Canada and an article regarding agriculture in Snohomish County. Approval of Minutes September 10, 2009: Lesow moved to approve as written. Mann seconded. The motion carried. September 22, 2009: Melious amended page 2, line 29 to read: Melious veted moved to not have... Mann moved to approve as amended. Lesow seconded. The motion carried. October 8, 2009: Lesow amended page 2, line 1 to read: Wilson moved to deleting delete the areas... Lesow moved to approve as amended. Mann seconded. The motion carried. 282 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 RECORD OF PROCEEDINGS OF THE 2 WHATCOM COUNTY PLANNING COMMISSION November 12, 2009 Reqular Meetin October 15, 2009: Mann moved to approve as written. Lesow seconded. The motion carried. October 22, 2009: Lesow amended page 1, line 25 to read: Lesow stated he had testified at the hearing regarding the Fairhaven Highlands DEIS as a private citizen, not a Planning Commissioner. A copy of his comments were submitted to the Planning Commission Coordinator. Mann moved to approve as amended. Lesow seconded. The motion carried. Public Hearing File #PLN2009-00005: To consider new language to provide a better mechanism to effectively enforce zoning code violations. This amendment will change the existing enforcement and penalties section of the zoning code to be consistent with enforcement language within other adopted Whatcom County codes. Suzanne Bosman presented the staff report. The purpose of the amendments are to cease issuing citations and implement new code language that will allow for a timelier and more effective way to issue penalties while providing the right for due process. Also, this amendment will make the Zoning Ordinance (Title 20) consistent with the enforcement language in the other County codes. The hearing was opened to the public. There was no public testimony. Lesow moved to recommend approval. Menzies seconded. Roll Call Vote: Ayes - Belisle, Burdge, Lesow, Mann, Melious, Menzies, Steensma; Nays - 0; Abstain -0; Absent: Hunter, Wilson. The motion carried. Work Session File #PI-N2009-00019: Presentation of the Bicycle & Pedestrian Advisory Committee Plan. Michelle Stiles gave an overview of the history of the Committee and its work on the Plan Staff recommends the Commission approve the plan and forward it to the County Council. Committee members Jeff Margolis, Scott Thompson, Ellen Barton and Rodney Vandersypen, of Whatcom County Public Works, spoke to the merits of the plan as a guidance document for the County and asked the Commission to forward it to the County Council for adoption. Belisle moved to approve the plan and forward it to the County Council. Menzies seconded. The motion carried. The meeting was adjourned at 8:15 p.m. Minutes prepared by B. Boxx. 283 RECORD OF PROCEEDINGS OF THE 3 WHATCOM COUNTY PLANNING COMMISSION November 12, 2009 ular Meetin 1 WHATCOM COUNTY PLANNING COMMISSION ATTEST: 2 3 4 5 6 Jean Melious, Chair David Stalheim, Secretary 7 8 9 10 11 12 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-403 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: -/,.� Tyler Schroeder \ 1110912010 IM312010 P&D Committee Division Head: ��� Roxanne Michael NOV t 6 2010 11/23/20 Introduction Dept. Head: Sam Ryan Prosecutor: �/ Royce Buckingham _� ��_ 0 WHATCOM COUNTY COUNCIL Purchasing/Budget: Executive: Pete Kremen TITLE OF DOCUMENT. Rezoning approximately 770 acres in the Birch Bay area from one unit per ten acres (R10) to one unit per five acres (R5) ATTACHMENTS. 1. Staff Memo Dated November 9, 2010 2. Draft Ordinance SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( )Fes ( Xt ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date 1 The Council must hold a hearing if they want to adopt an ordinance, since the Planning Commission did not onvnrd a recommendation (WCC 20.90.050). SUMMARY STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The proposed rezone would change the zoning on approximately770 acres adjacent to the Birch Bay Urban Growth Area (UGA) from RI — one dwelling unit per ten acres — to R5 — one dwelling unit per five acres. COMMITTEE ACTION. • COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2010-00010 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at. www.co.wliatcom.wa.us/council. 285 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax �GOM CO s ifs.. ya `L9ShINGt0 Memorandum J.E. "Sam" Ryan Director NOV 12 2010 PETE KREMEN COUNTY EXECUTIVE TO: Planning and Development Committee, County Council FROM: Tyler Schroeder, Planner Supervisor-VuS THROUGH: Sam Ryan, Planning and Development Services Director DATE: November 9, 2010 SUBJECT: PLN2010-00010, Birch Bay R10 to R5 Rezone On October 26, 2010, the County Council directed staff to prepare an ordinance to rezone approximately 789 acres adjacent to the Birch Bay Urban Growth Area (UGA) from one unit per ten acres (R(10)) to one unit per five acres (R(5)). Staff prepared a draft ordinance and sent the draft to the County Council's attorney for review. The draft ordinance, as amended, is attached. The property owned by'Anchor Manor, LLC, known as "Maritime Manor," was added to the Birch Bay UGA with the adoption of Ordinance 2010-037 on August 10, 2010. This change to the UGA was finalized after the Planning Commission packet was prepared. A discussion of this issue is located on page 5 of the staff report dated August 12, 2010 and the associated Exhibit D. In the proposed Ordinance, the map attached as Exhibit A reflects the property's inclusion in the Birch Bay UGA. 1 Birch Bay Rezone 2 SPONSORED BY: 3 PROPOSED BY: 4 INTRODUCTION DATE: November 23, 2010 5 6 ORDINANCE NO. 7 8 AMENDING WHATCOM COUNTY'S OFFICIAL TITLE 20 ZONING MAP, 9 REZONING APPROXIMATELY 770 ACRES ADJACENT TO THE BIRCH BAY 10 URBAN GROWTH AREA FROM RURAL ONE UNIT PER TEN ACRES (R10) 11 TO RURAL ONE UNIT PER FIVE ACRES (RS) 12 13 WHEREAS, the Whatcom County Council initiated a suggested zoning amendment to 14 rezone approximately 789 acres adjacent to the Birch Bay Urban Growth Area from one unit per 15 ten acres (R10) to one unit per five acres (R5) to the Docket on March 16, 2010; 16 17 WHEREAS, on July 9, 2010, a State Environmental Policy Act (SEPA) Determination of 18 Nonsignificance (DNS) was issued; 19 20 WHEREAS, notice of the Planning Commission hearing for the proposed zoning 21 amendment was published in the Bellingham Herald on August 1, 2010; 22 23 WHEREAS, notice of the Planning Commission hearing for the proposed zoning 24 amendment was posted on the subject property on August 2, 2010; 25 26 WHEREAS, the Whatcom County Planning and Development Services (PDS) sent notice 27 of the proposed rezone to property owners within the rezone area and 1000 feet outside of the 28 rezone area on August 2, 2010; 29 30 WHEREAS, PDS sent, via email, notice of the proposed rezone action to the Washington 31 State Department of Commerce on August 3, 2010 and received an acknowledgement letter of 32 receipt of the notice on August 10, 2010; 33 34 WHEREAS, a Whatcom County Planning Commission public hearing was held on the . 35 subject amendment August 12, 2010. The Planning Commission voted 4-4, with Belisle absent, 36 on a motion to approve the staff recommendation for denial. The motion failed for lack of a 37 majority and the amendment was forwarded to the County Council without a recommendation 38 from the Planning Commission; 39 40 WHEREAS, the County Council's Planning and Development Committee considered the 41 proposed rezone on October 26, 2010, voting 2-0 with Knutzen absent, to hold the item in 42 committee; 43 44 1 287 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 WHEREAS, the County Council voted 5-2 to request PDS staff to draft an ordinance for the rezone on October 26, 2010, and; WHEREAS, The County Council has adopted the following findings of fact: FINDINGS OF FACT 1. Ordinance No. 2009-071 was adopted November 24, 2009 and removed approximately 789 acres from the Birch Bay Urban Growth Area. 2. These lands so removed from the Urban Growth Area were, for the most part, downzoned from the Urban Residential 4 dwelling units per acre (UR4) to Rural 1 unit per 10 acres (R10). 3. On December 31, 2009, Councilmember Sam Crawford submitted a suggested zoning amendment pursuant to WCC 20.90.040(4) to rezone the properties that were removed from the Birch Bay UGA by Ordinance No. 2009-071 from R(10) to R(5). 4. On March 16, 2010, pursuant to Resolution 2010-008, the County Council approved the docketing of Crawford's proposal for consideration by staff and Planning Commission. S. Notice of Planning Commission hearing was mailed to surrounding property owners within 1,000 feet of the subject site on August 2, 2010. Such notice was also posted on the property on August 2, 2010 and published in the Bellingham Herald on August 1, 2010. 6. On August 10, 2010, the Whatcom County Council reinstated the area known as "Maritime Manor", approximately 19 acres, as a part of the Birch Bay Urban Growth Area, Ordinance 2010-037. The remaining acreage for the rezone from R(10) to R(5) is 770 acres. 7. The Planning staff in its report of August 12, 2010, for a variety of reasons, recommended that the proposed rezone not be approved. 8. Whatcom County Planning Commission held a public hearing on August 12, 2010 to consider the proposal. After hearing, a staff report, the Planning Commission's vote on the matter resulted in a 4 to 4 tie, and the matter was forwarded to the County Council without recommendation. 9. At its meeting of October 26, 2010, the Whatcom County Council voted to bring an ordinance forward approving the proposed rezone for introduction at a future meeting. 10. A State Environmental Policy Act Determination of Non Significance was issued July 9, 2010. 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 11. Notice of the proposed zoning amendment was submitted to the Washington State Department of Commerce on August 3, 2010. 12. The current Comprehensive Plan designation for the property being considered for rezone is Rural, with approximately 200 acres designated as Urban Growth Area Reserve. 13. The staff report argues that the proposed R(5) designation is inconsistent with Whatcom County Comprehensive Plan Goal 2K and Policy 2K-1. This policy states that the lands in the 100-year flood plains should be limited to low intensity land uses. Staff argues that this means R(10) zoning is acceptable but R(5) is not. The Council rejects that interpretation. R(5) is a low intensity use. 14. Staff further contends that the proposed amendment is inconsistent with Goal 2DD and Policy 2DD-10. This policy states as follows: "Rezones from one dwelling unit per ten acre (R10A) zoning districts to one dwelling unit per five acre (R5A) zoning districts should be discouraged." This language is not mandatory. In this case, Council finds that mitigating the financial hardship to the property owners whose property was downzoned from UR-4 to R10A outweighs the importance of Policy 2DD-10. Furthermore, Council notes in rejecting staff's recommendation that R5A is a rural zone. This decision is within Council prerogative to resolve the Planning Commission deadlock in this manner. 15. With regard to the applicability of the text discussion related to Urban Growth Area Reserves on Page 2-71 of Chapter 2 of the Comprehensive Plan noted in the staff report, Council finds that this language is advisory and not mandatory. Council further finds that consideration of financial hardship for those property owners whose lands were downzoned from UR-4 to R10 takes precedence in this case. 16. Council finds that the downzone of all the properties removed from the Birch Bay Urban Growth Area from UR-4 to R10A constituted a substantial hardship which should be mitigated by this rezone to R5A. This action is supported by the provisions related to property rights on Page 2-11 of the Comprehensive Plan and Goal 2H. Revision of the prior Council's action by the adoption of this ordinance is further justified by Whatcom County Charter Section 1.11 relating to Citizens' Rights. By giving consideration to the financial hardship which those property owners suffered as a result of the downzone, Council intends to mitigate the financial hardship resulting from that action. 17. On hearing on this amendment. CONCLUSIONS OF LAW: 2010, legal notices were published for the public 3 • 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 The proposal meets all the legal requirements as noted within the Findings of Fact and Reasons for Action. The proposed amendment is compatible with the Growth Management Act, Whatcom County Comprehensive Plan Goals and Policies. Approval of this amendment is in the public interest. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County Title 20 Office Zoning Map 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 ATTEST: Dana Brown -Davis, County Clerk APPROVED AS TO ORM: Civil Dep 0 For 1 i�arc" 7,rJc- s El 2010. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair ( ) Approved ( ) Denied Pete Kremen, County Executive Date: 290 m M� =ilp## 2010-00010 girth Rav R(101 to R 6 6Nxx" 'il � - - F�� .�. '!! �`i1 ` r �I , .�:,_ ED WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 - 277 CLEARANCES Initial Date rice Date Received in Council Of Agenda Date Assigned to: Originator: 7/14/2010 4/13/2010 Council Division Head.- 7/27/2010 Council Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT: Quarterly Report from Behavioral Health Advisory Committee 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.) COMMITTEEACTION. COUNCIL ACTION. 4/13/2010: Presented (under AB2010-017) 7/27/2010: Presented Related County Contract #: Related File Numbers: AB2010-017 (4/13/2010) Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the CounLyswebsiteat. www.co.whatcom.wa.us/council. 292 WHATCOM COUNTY COUNCIL AGENDA BILL No. 20 i 0-0 i 7 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: AL 11/10/10 E C V E D NOV 16.2010 HATCOM COUNTYCOUNCIL 11123110 Full Council Division Head: Dept. Head: Prosecutor: PurchasinglBudget: Executive: TITLE OF DOCUMENT. Proclamation regarding the Bellingham Bulldogs ATTACHMENTS: Proclamation SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes (x) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Reading by the County Executive of a Proclamation for the Bellingham Bulldogs football team 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. 293 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole October 26, 2010 CALL TO ORDER Council Chair Sam Crawford called the meeting to order at 6:15 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, L. Ward Nelson and Carl Weimer Absent: None 1. DISCUSSION WITH ASSISTANT CHIEF DEPUTY PROSECUTOR DANIEL GIBSON TO ADDRESS MEDIATION ISSUES (AB2010-018) 2. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING PENDING LITIGATION (AB2010-018) Crawford stated that discussion of agenda item one and two may take place in executive session pursuant to RCW42.30.110 (1)(i). Executive session will conclude no later than 7:00 p.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Mann moved to go into executive session until no later than 7:00 p.m. to discuss the first two agenda items, pursuant to RCW citations as announced by the Council Chair. The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7) Nays: None (0) OTHER BUSINESS ADJOURN The meeting adjourned at approximately 7:00 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2010. Committee of the Whole, 10/26/2010, Page 1 294 1 2 3 4 5 6 7 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. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair Committee of the Whole, 10/26/2010, Page 2 295 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 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council October 26, 2010 CALL TO ORDER (7:04:33 PM) Council Chair Sam Crawford called the meeting to order at 7:04 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: L. Ward Nelson, Sam Crawford, Barbara Brenner, Carl Weimer, Bill Knutzen, Ken Mann and Kathy Kershner Absent: None FLAG SALUTE ANNOUNCEMENTS (7:04:48 PM) Crawford announced the following items were discussed in today's two Committee of the Whole meetings: • Continued discussion regarding ferry fares (AB2010-354) • Discussion with Senior Deputy Prosecutor Karen Frakes regarding pending litigation (AB2010-018). Discussed in executive session • Discussion with Assistant Chief Deputy Prosecutor Daniel Gibson to address mediation issues (AB2010-018). Discussed in executive session. • Discussion with Senior Deputy Prosecutor Karen Frakes regarding pending litigation (AB2010-018). Discussed in executive session. MINUTES CONSENT (7:06:06 PM) Brenner moved to approve the Minutes. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. SPECIAL COMMITTEE OF THE WHOLE FOR SEPTEMBER 28, 2010 OPEN SESSION (7:06:28 PM) Whatcom County Council, 10/26/2010, Page 1 296 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. The following people spoke: • Fred Kinney, 4161 Lego Bay Road, Lummi Island, spoke on Lummi Island ferry fares. • Michael Schneider, 4285 Matia View Drive, Lummi Island, spoke on Lummi Island ferry fares. • Lisa Wochos, 3811 Constitution Road, Lummi Island, spoke on Lummi Island ferry fares. • Robert Rich, 3811 Constitution Road, Lummi Island, submitted a handout (on file) and spoke on Lummi Island ferry fares. • Wanda Cucinotta, 2303 Tuttle Lane, Lummi Island, submitted a handout (on file) and spoke on Lummi Island ferry fares. • Gary Lysne, 2472 North Shore Road, Bellingham, submitted a handout (on file) and spoke about the County budget. • Lawrence Quinlivan, 2327 North Shore Road, Bellingham, submitted a handout (on file) and spoke about the County budget. • Carl Olsen, 2015 - 24t" Street, Bellingham, submitted a handout (on file) and spoke about the County budget. • Kris Ungern, 2095 North Shore Road, Bellingham, submitted a handout (on file) and spoke about the County budget. • Barbara Sternberger, 4540 Curtis Road, Bellingham, submitted a handout (on file) and spoke about the proposed jail site. • Kay Sardo, 510 S. State Street, Bellingham, submitted a handout (on file) and spoke about the proposed new jail. • Harold Wohl, 873 - 19t" Street, Lynden, spoke about senior services and the County budget. • Diane Kanda, 4595 Wynn Road, Bellingham, submitted a two handouts (on file) and spoke about a proposed jail. • Abe Jacobsen, 2314 Samish Way, Bellingham, submitted a handout (on file) and spoke about the Women, Infant, and Children (WIC) Program and County budget. • Jodi Biermann, 1401 Marietta Avenue, Bellingham, submitted a handout (on file) and spoke about the proposed jail. • Jack Hovenier, 4393 Sucia Drive, Mt. Baker Chamber of Commerce Member, submitted a handout (on file) and spoke about the East County Resource Center. • Bruce Diele, Bellingham, spoke about the Whatcom Transit Authority. • Paul Harris, 811 Glenning Street, Lynden, spoke about the public safety and the County budget. • Carol Jacobsen, 2314 Samish Way, Bellingham, spoke about the WIC Program and County budget. • John Munson, 2195 Lummi Shore Road, Bellingham, spoke about the WIC Program and County budget. • Susan Burk, 2628 Iron Street, Bellingham, spoke about the WIC Program and County budget. • Wendy Porter,8883 Frost Road, Sumas, spoke about the WIC Program and County budget. • Larry Hildes-Milling, Bellingham, spoke about the WIC Program and County budget. Whatcom County Council, 10/26/2010, Page 2 297 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. • Amanda Grove, 2601 Utter Street, Bellingham, spoke about the WIC Program and County budget. • Marvin Prinsen, 3391 Cole Lane, Custer, spoke about the WIC Program and County budget. • Elizabeth Purnado, 3112 Alderwood Avenue, Bellingham, submitted a handout (on file) and spoke about the WIC Program and County budget. • Paul Listen, 12 North Summit Drive, Bellingham, spoke about the WIC Program and County budget. • Gregory Jilek, 920- 22"d Street, Bellingham, spoke about the proposed jail. • Susan Gribbin, 3006 Victor Street, Bellingham, spoke about the WIC Program and County budget. • Norma Otto, 8519 Blue Bell Court, Paradise Lakes, spoke about the East County Resource Center, Foothills Subarea Plan, and animal control. • Rebecca Boonstra, 8555 Juniper Place, Columbia Valley, spoke about the East County Resource Center and Foothills Subarea Plan. • Jackie Stear, citizen, spoke about the WIC Program and County budget. • Hugh Beattie, 2104 McKenzie Avenue, Bellingham, spoke about the WIC Program and County budget. • Richard Banel, 8525 Juniper Place, Columbia Valley, spoke about the Comprehensive Plan rural element update and the East County Resource Center. • Regina Delahunt, Health Department Director, spoke about the WIC Program. • Dewey Desler, Deputy Administrator, spoke about the County budget. PUBLIC HEARINGS 1. RESOLUTION APPROVING SALE OF FINSRUD QUARRY AS SURPLUS REAL PROPERTY (AB2010-357) (8:24:37 PM) Crawford opened the public hearing and, hearing no one, closed the public hearing. Mann moved to approve the resolution. Nelson asked about the history of this quarry and access. Steve Oliver, Whatcom County Treasurer, stated the County entered into a settlement with an adjoining property owner regarding access. This item does not interfere with that issue. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 2. ORDINANCE ESTABLISHING SPEED LIMITS ON CERTAIN COUNTY ROADS (AB2010-358) Crawford opened the public hearing and, hearing no one, closed the public hearing. Whatcom County Council, 10/26/2010, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner moved to adopt the ordinance. She asked why different stop signs were labeled with different acronyms. Crawford stated those acronyms pertain to a different agenda item. Joe Rutan, Public Works Department, stated those acronyms reference southbound, northbound, eastbound, and westbound directions. Brenner asked for more information about the potential of reducing the speed and/or installing a stop sign on the Kendall Road. Knutzen asked the location. Rutan stated the State realigned the road. This remnant that was cutoff still had a speed limit of 50 miles per hour, as if it was the access. It is now a County road, not a State highway. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 3. ORDINANCE AUTHORIZING THE INSTALLATION OF STOP SIGNS ON VARIOUS ROADS WITHIN WHATCOM COUNTY (AB2010-359) (8:31:38 PM) Crawford opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to adopt the ordinance. (Clerk's Note: See Public Hearing Item 2 for a discussion of this item.) Knutzen asked for cost analysis for the Lummi Shore Road and trail project. Joe Rutan, Public Works Department, stated the County spent approximately $300,000, and there was also State funding. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 4. ORDINANCE AMENDING WHATCOM COUNTY CODE (WCC) TITLE 24, HEALTH CODE, TO REVISE WCC 24.12, MUSHROOM SUBSTRATE PRODUCTION FACILITY RULES (AB2010-363) (8:34:52 PM) Crawford opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to adopt the ordinance. The reason there is no odor is because no manure is used in the process. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Whatcom County Council, 10/26/2010, Page 4 299 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 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. CONSENT AGENDA (8:36:22 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda Items one through six. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE MORE THAN ONE YEAR OLD (AB2010-365) 2. RESOLUTION ORDERING THE CANCELLATION OF WARRANTS MORE THAN ONE YEAR OLD (AB2010-366) 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 10-70 AND ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND LOW BIDDER, TIGER CONSTRUCTION, LTD FOR THE CONSTRUCTION OF THE EAST WHATCOM REGIONAL RESOURCE CENTER IN THE AMOUNT OF $4,053,422.21 (AB2010-364A) 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A PROFESSIONAL DESIGN SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND REICHHARDT & EBE ENGINEERING, INC. FOR PROFESSIONAL DESIGN SERVICES FOR LILY POINT MARINE PARK IN THE AMOUNT OF $63,401.83 (AB2010-367) S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND AVOCET ENVIRONMENTAL TESTING FOR MONITORING OF WATER QUALITY IN THE BIRCH BAY WATERSHED IN AN AMOUNT NOT TO EXCEED $41,937 (AB2010-368) 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR GRANT FUNDING TO EXPAND STORMWATER PROGRAMS TO MEET COMPLIANCE REQUIREMENTS RELATED TO NPDES PHASE II PERMIT IN THE AMOUNT OF $295,339 (AB2010-369) OTHER ITEMS 1. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, SIXTEENTH REQUEST, IN THE AMOUNT OF $709,000 (AB2010-360) (8:37:31 PM) Mann reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Whatcom County Council, 10/26/2010, Page 5 300 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 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. Nays: None (0) 2. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY PROJECT BUDGET, FOURTH REQUEST, IN THE AMOUNT OF $5,292,436 (AB2010-361) (8:37:57 PM) Mann reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 3. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, ZONING CODE, TO REVISE WCC 20.15, COMMERCIAL MUSHROOM SUBSTRATE PRODUCTION FACILITIES (AB2010-356) (8:38:46 PM) Mann reported for the Planning and Development Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) INTRODUCTION ITEMS (8:39:44 PM) Mann moved to accept the Introduction Items. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY FOR THE YEAR 2011 (AB2010-371) 2. ORDINANCE LIMITING THE 2011 GENERAL FUND PROPERTY TAX LEVY (AB2010-372) 3. ORDINANCE AUTHORIZING THE LEVY OF 2011 PROPERTY TAXES FOR COUNTY ROAD PURPOSES (AB2010-373) 4. ORDINANCE LIMITING THE 2011 ROAD FUND PROPERTY TAX LEVY (AB2010-374) 5. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR CONSERVATION FUTURES PURPOSES FOR 2011 (AB2010-375) Whatcom County Council, 10/26/2010, Page 6 301 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. 6. ORDINANCE ADOPTING THE FINAL BUDGET OF WHATCOM COUNTY FOR THE BIENNIUM 2011-2012, AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN (AB2010-376) 7. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT (WCFCZD) FOR 2011 (AB2010- 378) (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL DISTRICT BOARD OF SUPERVISORS) 8. RESOLUTION ADOPTING THE 2011 BUDGET FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND SUBZONES (AB2010-379) (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL DISTRICT BOARD OF SUPERVISORS) 9. ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO THE Y- SQUALICUM WATER ASSOCIATION, INC., FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN WATER LINES AND FACILITIES ALONG CERTAIN ROADS AND HIGHWAYS WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY (AB2009-438) 10. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN CHAPTER 4, CAPITAL FACILITIES, FOR FIRE PROTECTION LEVEL OF SERVICE (AB2010-370) 11. ORDINANCE ADOPTING 6 YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) FOR WHATCOM COUNTY FACILITIES FOR 2011-2016 AND RELATED AMENDMENTS (AB2010-355A) OTHER BUSINESS (8:40:51 PM) EMERGENCY ORDINANCE IMPOSING AN EMERGENCY INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS AND SHORT SUBDIVISIONS IN RURAL AREAS (AB2010-383) Crawford read the ordinance into the record and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) ORDINANCE ADOPTING THE SIX -YEAR CAPITAL IMPROVEMENT PROGRAM FOR WHATCOM COUNTY FACILITIES (2011-2016) AND RELATED AMENDMENTS (AB2010-355) (8:46:35 PM) Brenner reported for the Public Works Committee and stated there is a recommended amendment to reinstate the Bay to Baker Trail and South Fork Regional Park. Whatcom County Council, 10/26/2010, Page 7 302 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. Wain Harrison, Planning and Development Services Department, stated the Council Public Works Committee recommended reinstating the Bay to Baker Trail and South Fork Regional Park. Weimer stated the Planning Commission recommended that the South Fork Regional Park and Bay to Baker Trail be removed from the plan. The list doesn't commit the County to spend money on the listed projects. Projects not on the list can't be done if grant money or real estate excise tax (REET) funds become available. Keep projects on the list if money becomes available for a project. Crawford asked why the Planning Commission wanted to remove those items. Weimer stated he doesn't know exactly. There has been a lot of discussion in the Acme area about whether people want to move forward with the South Fork Regional Park. The Bay to Baker Trail isn't really needed for a level of service, and it looks like a huge expenditure. On the other hand, the Parks Department has been working a lot with others to move parts of the trail forward. There may be future opportunities. Mann moved to reinstate the Bay to Baker Trail and South Fork Regional Park in the Capital Improvement Program plan. Brenner stated she doesn't support including the South Fork Regional Park. She attended many meetings at the Acme School and Rome Grange. There's a lot of controversy about the project. Given the economy, it can't be done in six years. REET funds aren't a bottomless pit of money. They need to go to essential things, such as stormwater maintenance facilities. Also, there are high costs. Knutzen stated he is against the motion. Adopt as the Planning Commission recommended. The trail costs are very expensive. He's also attended meetings regarding the South Fork Regional Park. It seems a majority of the neighborhood does not want this park up there. Given the current economy, he can't justify paying any money to do something the neighborhood doesn't want. They can't police the park at this time. There are enough issues in that area. Mann stated he understands the controversy with the park. A lot of work has gone into developing the park. A problem with removing it from the list is that it is done without warning. If they want to discuss the merits of the park, have a public hearing about it. Just because the park is in the plan doesn't mean they are committing money to the project. The same applies to the Bay to Baker Trail. If they can get funds, they should be open to the option. He doesn't see a benefit to removing the projects from the list. Nelson stated lands need to be acquired for the Bay to Baker Trail, and no funding is available. Nothing exists for that trail now. However, they have been working on the South Fork Regional Plan for many years. He understands the concerns from Acme residents. Others are looking forward to using that park. It's not fair to remove it from the park plan without some dialog. He asked what would happen with the land without this plan. It's still County land. Kershner stated she is against the motion. The Planning Commission had a public hearing on this plan. There are so many questions about the South Fork Regional Park Whatcom County Council, 10/26/2010, Page 8 303 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. development. Many people feel like they have not been heard, and their concerns haven't been taken seriously. Brenner stated she is against the motion. Many people spoke at that hearing. All speakers except one were opposed to the plan. When the County purchased the Nesset Farm, the Council was told there would be public access. However, it turned out years later that there was no public access. Part of this has to do with access to the Nesset Farm. The South Fork Heritage organization ended up holding their own meetings with mediators because they felt left out. She attended those meetings. They also had meetings at the Acme School, which she also attended. Because of the economy and County budget, they shouldn't do this now. If someone wants to put it in at another time, they can. She's talked to Sheriff deputies about this. It will be a big hassle to police the park. Rowdy, drunk people who ride innertubes down the river force landowners to hide in their houses. The Sheriff deputies can't even handle that situation. Don't add another public attraction. This isn't the time to do it. Mann stated this doesn't obligate the County to spend any money. It enables the County to continue to have it in the plan and get grants for it. They can't even apply for grants if this isn't on the list. It doesn't cost any money to have this in the plan. Technically there was a Planning Commission hearing about the six -year capital improvement program. A bunch of people coordinated to show up and protest the South Fork Regional Park. The Council's agenda today doesn't say anything about a public hearing regarding South Fork Regional Park. That isn't good public process. If councilmembers are committed to getting rid of the South Fork Regional Park, they need to have a hearing on the merits of doing that. Harrison stated the inner tubing issue is certainly an enforcement issue, but it's not related to the South Fork Regional Park. One cannot ride an inner tube upstream of the Acme bridge. The State does not allow it for fish habitat reasons. time. Brenner stated many people live downstream of it and are being impacted all the Crawford stated the County created that ban, but the State enforces it. Nelson stated that if riding innertubes is an issue, he recognizes that. They've worked on that for many years. This park project would give the County an avenue to address that issue. Simply taking this project away doesn't eliminate the inner tube issue. People will ride the inner tubes regardless of whether the park exists. That has no relationship to the six -year capital improvement program. It is not public process to have a few people show up at a Planning Commission meeting public hearing designed for the capital facility plan, not for the South Fork Regional Park. Brenner stated it does have to do with it. There isn't enough policing to handle that area adequately. The issue isn't building the park, but is continued maintenance and policing. Knutzen stated they must remember that revenue from the State is still tax money. No one, including the State and federal government, has the money to put in another park. Whatcom County Council, 10/26/2010, Page 9 304 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. They're selling their parks. An alternative to using the property is to sell it, which will help the County budget. Weimer stated most of the land was purchased with State dollars. The County can't just turn around and sell to recoup the money. The State may have a problem with that. He agrees that there is controversy with Acme residents. A number of people in the area are interested in a more passive park than what has been proposed from the Parks Department. He agrees with that. Removing the project from the list precludes them from doing any work at all in the next six years. Regarding the Bay to Baker Trail, the County has been meeting with the City of Everson and property owners along the trail about donations of property. Removing the trail from the list precludes the County from taking donations to connect this trail. They don't want this on the list to spend money on it, but to not preclude the option to move forward if it becomes desirable in the future. Knutzen suggested a friendly amendment to vote on the items separately. Mann accepted the friendly amendment. The motion to reinstate the Bay to Baker Trail carried by the following vote: Ayes: Nelson, Crawford, Weimer and Mann (4) Nays: Kershner, Brenner and Knutzen (3) The motion to reinstate the South Fork Regional Park carried by the following vote: Ayes: Nelson, Crawford, Weimer and Mann (4) Nays: Kershner, Brenner and Knutzen (3) Mann moved to accept the ordinance as amended for introduction. The motion carried by the following vote: Ayes: Nelson, Crawford, Weimer and Mann (4) Nays: Knutzen, Brenner and Kershner (3) DISCUSSION REGARDING REZONE OF APPROXIMATELY 789 ACRES IN THE BIRCH BAY AREA FROM ONE UNIT PER 10 ACRES (R10) TO ONE UNIT PER FIVE ACRES (R5) (AB2010-352) Crawford moved to request that staff prepare an ordinance for the Council to have a public hearing at a future date on the proposal to change the areas that were taken out of the urban growth area (UGA) on November 24, 2009, when they were downzoned to one unit per ten acres (R10A) or left outside the UGA. Brenner stated they are talking about 23 lots. She doesn't have a problem with that. However, she has a problem doing this before they finish the rural element. Some of the specific findings by the Planning Department deal with pieces that are in the current rural element that she proposed to change. Wait a few months so the findings agree with what they're doing. That's a better approach. She doesn't know why there is a rush to do this at this time. Crawford stated this item corrects an error in the UGA ordinance adopted November 24, 2009. He didn't support that ordinance. Regardless of how they feel about whether or Whatcom County Council, 10/26/2010, Page 10 305 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. not these particular areas should have been taken out of the UGA, that point is moot. It's a question of zoning density as to what they would become in the future. Brenner moved to hold in committee until they finish the rural element, which is what the committee recommended. Crawford stated he is against the motion. He understands Councilmember Brenner's concern. However, this is not an outcome of their rural element discussion. It's a response to a zoning density error on the part of the Council. It keeps the same zoning, but changes the density to one unit per five acres (R5A). Brenner stated the Planning staff report listed some of the items in the rural element that they're talking about amending. It seems like waiting would work better. The motion to hold in committee failed by the following vote: Ayes: Brenner, Weimer and Mann (3) Nays: Nelson, Crawford, Knutzen and Kershner (4) The motion to request staff to prepare an ordinance carried by the following vote: Ayes: Nelson, Crawford, Brenner, Knutzen and Kershner (5) Nays: Mann and Weimer (2) REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (9:13:12 PM) Kershner stated the North Sound Mental Health Board proposed a budget that closes down the evaluation and treatment center in Sedro-Woolley. They will count on the 20 beds at St. Joseph Hospital to serve that population. There is quite an outcry. Brenner stated she understood that Sedro-Woolley took grant money to provide that service. Kershner stated the public money was cut in the Governor's 6.53 percent across-the- board budget cuts. Weimer stated he spent the last week in Ft. Worth, Texas, and is happy to be back in Bellingham. ADJOURN The meeting adjourned at 9:14 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2010. ATTEST: WHATCOM COUNTY COUNCIL Whatcom County Council, 10/26/2010, Page 11 C 1 2 3 4 5 6 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Dana Brown -Davis, Council Clerk WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair Whatcom County Council, 10/26/2010, Page 12 307 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2010-354A CLEARANCES Initial Date Date Received in Council Office Agenda Date Ass i ned to: Originator: FrankAbart �, C �^L— ��% I^ ll � �C' V D 1119110 Introduction to Council Council Hearing Division Head: NOV 0. 3 2010 11123110 11131,010 Dept. Head. n WHATCOM COUNTY /to Prosecutor: Dan Gibso 11103 COUNCIL Purchasing/Budget: Brad Bennett Executive: Pete Kremen TITLE OF DOCUMENT: Ordinance amending WCC 10.34, Ferry Rates and 2011 Unified Fee Schedule ATTACHMENTS: Ordinance, Exhibits A and B SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( X) Yes ( ) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: 11123110 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. This ordinance amends Whatcom County Code 10.34 and the corresponding Whatcom County Unified Fee Schedule to increase Lummi Island ferry fares to capture the required fare box recovery rate. The rate calculation on the documents are correct. There are two pieces to the calculation. The first piece is the surcharge of $2.00 per trip. It does not matter if it is one trip ($2), ten trips ($20), or twenty-five trips ($50). The second piece is the 10% discount. First calculate the original cost per trip multiplied by the number of trips. Then take the 10% discount. Then add the surcharge. Example: Ped ticket 25 trip - $4/trip X 25 trips= $100 X 0.90 (10%) = $90 PLUS Surcharge $50 (25 X 2)= $140. Additionally, section "M" of Exhibit A is changed to say "Multi -ride cards at previous rates shall be valid for fifteen (15) days after the effective date of the rate change. Any unused portion ofthe multiaide cans after this time period will be expired and void No refunds or exchanges will be given. " COMMITTEE ACTION: COUNCIL ACTION: 11/09/2010: 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. C W HATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM Ferry Division 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 676-6692 FAX: (360) 738-4561 www. whatcomcounty. us TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatco County Council FROM: Frank M. Abart, Director RE: An Ordinance to amend WCC 10.34, Ferry Rates and the Unified Fee Schedule for Ferry User Fees. DATE: November 3, 2010 Requested Action: Recommend consideration of the attached ordinance that amends Whatcom County Code 10.34 and the corresponding Whatcom County Unified Fee Schedule to increase Lummi Island ferry fares to capture the required fare box recovery rate. Background and Purpose: It is necessary to amend the rates charged to the users of the ferry. The Committee of the Whole chose to bring "Ferry Ticket Sales — Option 6 --$2 Surcharge + 10% Discounts" before the full Council. There are two pieces to the rate calculation. The first piece is the surcharge of $2.00 per trip. It does not matter if it is one trip ($2), ten trips ($20), or twenty-five trips ($50). "fhe second piece is the 10% discount for multiride tickets. First calculate the original cost per trip multiplied by the number of trips. Then take the 10% discount. Then add the surcharge. Example: Ped ticket 25 trip - $4/trip X 25 trips= $100 X 0.90 (10%) = $90 PLUS Surcharge $50 (25 X 2)= $140. Additionally paragraph "M" of Exhibit A has been changed to read: " M. Multi -ride cards at previous rates shall be valid for fifteen (15) days after the effective date of the rate change. Any unused portion of the multi -ride card after this time period will be expired and void. No refunds or exchanges will be given. the pHFehase ef a new eaFd feF 90 days fFeFA the date ef Fate ehange and will be available thr=eugh the Information The new ferry rates will become effective 60 (sixty) days from the ordinance adoption date. If you have any questions please call Frank Abart at extension 50678. Thank you. Enc. 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 51 SPONSORED BY: Frank Abart PROPOSED BY: Public Works INTRODUCTION DATE: ORDINANCE NO. AMENDING WHATCOM COUNTY CODE CHAPTER 10.34 FERRY RATES AND CORRESPONDING WHATCOM COUNTY 2011 UNIFIED FEE SCHEDULE WHEREAS, Chapter 10.34 of the Whatcom County Code discusses administration of ferry rates and an interpretation of the rate schedule included in the Whatcom County Unified Fee Schedule; and WHEREAS, the ferry rate schedule has successfully provided the incentive to significantly increase the number of ferry users purchasing the more labor efficient multiride tickets; and WHEREAS, it is necessary to amend the rates charged to the users of the ferry; and WHEREAS, in order for the user fees to be amended as requested on Exhibit B, it is necessary to amend Chapter 10.34 of the Whatcom County Code as shown on Exhibit A; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 10.34 is hereby amended as shown in Exhibit A to this ordinance, and BE IT FURTHER ORDAINED that the Unified Fee Schedule be amended as set forth in the attached Exhibit B to this ordinance, and BE IT FURTHER ORDAINED that the amended fares set forth in Exhibit B shall be effective sixty (60) days from the date of adoption. ADOPTED this day of , 2010. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Sam Crawford, Council Chair Page 1 310 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 APP ROVED AS TO FORM: Civil Deputy Prosecutor Page 2 WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY,.WASHINGTON Pete Kremen, County Executive ( ) Approved ( ) Denied Date Signed: 311 EXHIBIT A Chapter 10.34 FERRY RATES' Sections: 10.34.005 Definitions. 10.34.010 Effective date for ferry user fees. 10.34.020 Interpretation of rate schedule. 10.34.030 Use of ferry user fee revenues. 10.34.005 Definitions. A. "Ferry system" means all physical elements of the Lummi Island ferry operations, including both the Gooseberry Point and Lummi Island vehicle and pedestrian staging areas, vehicle parking areas, and ferry docks, and any and all boats utilized for transport purposes. B. "Operating cost" means all actual daily running expenses and all actual regular and routine maintenance and administrative expenses associated with the use and operation of all physical elements of the ferry system. C. "Capital cost" means all capital expenditures, including financing and depreciation expenses applied to the replacement, expansion, or creation of ferry system physical elements. D. "Fare box recovery rate" means the calculated percentage of total revenue generated through ferry user fees in comparison to total actual operating costs for the same period of time minus any revenue from the motor vehicle fuel tax meant for ferry operations, or from interest. E. "Ferry user fees" means the rates and charges required of and collected from any and all users of the ferry system, as established and periodically amended in the Unified Fee Schedule. F. "Rate schedule" means the combination of ferry user fees and operational policies affecting the use of the ferry system. (Ord. 2008-052 Exh. A, Ord. 2008-017 Exh. A; Ord. 2007-001 Exh. A; Ord. 2005-090 Exh. A). 10.34.010 Effective date for ferry user fees. Ferry user fees are set forth in the Whatcom County Unified Fee Schedule and become effective as set forth in the ordinance adopting or amending such 312 schedule. (Ord. 2008-052 Exh. A, Ord. 2008-017 Exh. A; Ord. 2007-001 Exh. A; Ord. 2005-090 Exh. A; Ord. 2002-012; Ord. 2001-064; Ord. 93-080 Exh. Q). 10.34.020 Interpretation of rate schedule. The following provisions should be observed in application of the feny rate schedule: A. Trailers shall include, but not be limited to, ball hitches, military hitches, fifth wheel in bed of pickup, dump trailers, recreation trailers and mobile homes. B. Special trips are a surcharge in addition to the applicable fare. C. A weekly run limited to fuel trucks, charged at the regular rate, shall be scheduled by the public works department and published appropriately. D. Trucks and tow vehicles with trailers shall be charged a rate based on length and weight. Heavy machinery and motor homes shall be charged at the corresponding vehicle rate. E. All trucks shall be charged regular round-trip rates based on legal license capacity. F. Over -width vehicles or trailers occupying more than one lane shall be charged a 50 percent surcharge. In addition, vehicles towing over -width trailers shall also be charged a 50 percent surcharge. G. Student multi -ride cards shall be sold to full-time students only. Proof of age and enrollment shall be required at time of purchase. No special student discount is available for drivers of vehicles. H. A special rate may be applied to children under 12 and children 12 to 18 years of age. No special child discount is available for drivers of vehicles. I. County employees on official county business shall be exempt from fares. All county employee trips exempt from fares will be tracked, and $10.00 per trip will be credited toward the fare box recovery rate each year. J. Enrolled members of the Lummi Indian Tribe who are issued appropriate identification cards by the tribe, or current fishing cards, licenses, or Lummi Indian Business Council ID cards and who have legitimate tribal business upon Lummi Island, as indicated by the Lummi Indian Tribe, shall have free foot passage upon and across the ferry operated by Whatcom County between Gooseberry Point and Lummi Island. 313 K. A special -needs -based discount is provided for Lummi Island residents who meet the income levels listed below. These special tickets will only be sold at the Whatcom County treasurer's office in Bellingham and will require proof of income and family size. Eligibility will be reviewed at least annually. Forms and procedures will be developed by the Whatcom County treasurer's office. 1. Family of four or more with less than $40,000 total annual income; 2. Family of three with less than $30,000 total annual income; 3. Family of two with less than $20,000 total annual income; 4. Individual with less than $10,000 total annual income. L. Eligibility for a special "senior/disabled" discount is available to all Lummi Island residents who currently hold property tax exemptions or deferral as defined under RCW 84.36.381 and 84.38.030 and WAC 458-16-020 and 458-18- 020, and as these may be hereafter amended. Eligibility for a special "senior/disabled" discount is also available to all Lummi Island residents that also qualify for medical assistance within the Medicaid Program. M. Multi -ride cards at previous rates shall be valid for fifteen (15) days after the effective date of the rate change. Any unused portion of the multi -ride card after this time period will be expired and void. No refunds or exchanges will be given. a new ear-d feF 90 days f0em the date ef rate ehange and will be avai N. All children under the age of 12 years when traveling on the Whatcom County ferry must be accompanied by an adult. An exception to this policy will be made only if the adult parent or guardian signs a waiver exempting Whatcom County from all liabilities for any and all injuries, loss of life, etc., while the child is traveling on the ferry. 10.34.030 Use of ferry user fee revenues. Beginning January 1, 2006, a 55 percent fare box recovery rate shall be applied and evaluated continuously from that time forward. An annual review of ferry system services, actual and projected operating costs, and actual and projected revenue from ferry user fees shall occur in order to verify the 55 percent fare box recovery rate is being achieved. 314 In any given year the actual fare box recovery rate exceeds 55 percent, the excess revenue shall be retained in the ferry system fund and applied only to future operating costs. In any given year the actual fare box recovery rate is below 55 percent, the difference shall be recovered in a future ferry user fee increase unless there is adequate excess ferry user fee revenue remaining in the ferry system fund collected during prior years. Beginning January 1, 2007, any interest income or income from state motor vehicle fuel tax for ferry operation will be deducted from the actual operating costs before the actual 55 percent fare box recovery rate is calculated. (Ord. 2008-052 Exh. A; Ord. 2008-017 Exh. A; Ord. 2007-001 Exh. A; Ord. 2005-090 Exh. A; Ord. 2002-012; Ord. 2001-064). Prior legislation: Ord. 89-103. 315 N N N N N N N N N N N N CA N O O O O o 0 o O o 0 0 0 C,0 r co co co co co co co co co co co co co O O O O o o O O O O O O O •L O O o O O O O O O O O O O O N N N N N N N N N cq� N N N U U U U U U U U U U U 3 c c c c c c c c c c c c c Q N N N N N N N N N N l4 N f6 c c c c C c c c c c C c c -o -o -o -o 'o 'o -o -o 'o P o -o 'o O O O O O O. O O O O O O O N d L C p /1 ++ V 'IT V V V' V V V V V ItV V V N M M M M M of M M M M Co. 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CM CM > 7 � O Q- Cl) m = o N O aNi v, (D a) aD aD (D a) 3 (a �a w w -0o Z 75 5 v m o z a (D a a a a > F= Q- > > > > > > o L) cn 0) � W f�- d 00 0) O T N cM Cr LO CO r v 00 V LL LO LO (0 (0 (0 (0 (00 (0 (0d CD O O O LO O O O O O O O O O LLO J LO LO LO LO LO LO LO LO LO N LO W LO (fl I-_ 00 0) O N Cl)4 Ln CO a T T T T T N N N N N N N 317 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 200Q-1938 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: DLG 10126110 Council Originator: � � C � � � � D lFR Introduction 11123110 Council Hearing Division Head: OCT 19 2010 Dept. Head: FMA 'pl DL{— i 0 /i 1 0 Prosecutor: WHATCOM COUNTY Purchasing/ ud t. COUNCIL Executive: PK l 6--/1-10 TITLE OP DOCUMENT: Ordinance granting a non-exclusive franchise to the Y-Squalicum Water Association, application for same having been filed by Larry Watson, Association President. ATTACHMENTS: Ordinance and exhibits Memo SEPA review required? ( ) Yes ( XX) NO Should Clerk schedule a hearing ? ( XX ) Yes ( ) SEPA review completed? ( ) Yes ( ) NO NO Requested Date: 11123110 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.) RCW 36.55 and § 9.30 of the Home Rule Charter provides for the granting of franchises to public andprivate utility companies for use of County rights of way. This is a renewal of a franchise that also includes further description of the utility's recently expanded service area. COMMITTEE ACTION. COUNCIL ACTION: 10/26/2010: 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.whatcona.►va.us/council. v 1.0 Page 0 318 WHATCOM COUNTY M COG ADMINISTRATION PUBLIC WORKS DEPARTMENT s*�P;. �� CIVIC CENTER 322 N. Commercial Street, Suite 210 FRANK M. ABART J Bellingham, WA 98225-4042 DIRECTOR �qs �0 Telephone: (360) 676-6692 EIIN FAX: (360) 738-4561 www. whatcom county. us FF. MEMORANDUM OCT 15 2010 PETE KREMEN TO: The Honorable Pete Kremen, County Executive, COUNTY EXECUTIVE Honorable Members of the Whatcom County Council r&A4 OJ1H: Daniel L. Gibson, Asst. Chief Civil Deputy ProsecutorI' -FROM: Frank M. Abart, Public Works Directo� RE: Franchise Renewal for Y-Squalicum Water Association DATE: October 15, 2010 ■ Requested Action Adopt an ordinance that will continue the Y-Squalicum Water Association's franchise and extend its geographic scope. ■ Background and Purpose This is a renewal of Y-Squalicum's original franchise, granted by Ordinance 94-061, which expired in October, 2010. Please contact Dan Gibson at extension 50703 if you have any questions or concerns regarding the terms of this agreement. Encl. Page 1 v 1.0 319 SPONSORED BY: _Consent PROPOSED BY: Public Works_ DATE INTRODUCED: ORDINANCE NO. GRANTING A NON-EXCLUSIVE FRANCHISE TO THE Y-SQUALICUM WATER ASSOCIATION, INC., FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN WATER LINES AND FACILITIES ALONG CERTAIN ROADS AND HIGHWAYS WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY WHEREAS, the Y-Squalicum Water Association has applied for renewal of its non- exclusive franchise for installation, operation, maintenance, repair and replacement of water mains and water distribution lines, associated equipment and facilities in and along certain roads in Whatcom County, Washington; and WHEREAS, Whatcom County's Home Rule Charter §9.30 authorizes the County Council to grant non-exclusive franchises for a fixed term not to exceed 25 years for the use of any street, road or public place; and WHEREAS, Home Rule Charter §9.30 also establishes certain requirements to which all franchises granted by the County must be subject, and those requirements have been included herein; and WHEREAS, R.C.W. 36.55.010 provides that the appropriate County authority, which in the case of Whatcom County is the County Council, may grant franchises to persons or private or municipal corporations to use County rights -of -way for the construction and maintenance of water works, gas pipes, telephones, telegraph and electrical light lines, sewers and other such facilities and including cable television wires and other cable television facilities; and WHEREAS, the Y-Squalicum Water Association operates a system of water lines and facilities within a portion of Whatcom County and the Association desires and needs a franchise to authorize its continued use of the County's right-of-ways; and WHEREAS, Exhibit A, attached hereto and incorporated herein by reference, contains a proposed franchise agreement with terms that have been drafted by and are acceptable to the County WHEREAS, notice of this hearing having been duly published on , 2010 and , 2010 in the Bellingham Herald, the official newspaper for Whatcom County, Page 1 of 2 320 and it appearing to the County Council that notice of said hearing has been given as required by law and that it is in the public interest to grant the franchise for the maximum allowable period of 25 years; and WHEREAS, this matter has come on regularly for hearing before the Whatcom County Council at 7:00 p.m. on the day of , 2010 in accord with the notice given; and NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, that the non-exclusive franchise, containing the terms set forth in Exhibit A attached hereto and incorporated herein by reference, be granted to Y-Squalicum Water Association for a period of twenty-five (25) years from and after the date of approval of this ordinance, provided that the water association accepts the franchise pursuant to Section 2 of the agreement attached hereto as Exhibit A and pays in full the costs of publication associated with this matter as determined by Council staff, in order that the Association may continue to operate and maintain water lines and facilities along certain County rights -of -way within the unincorporated areas of Whatcom County, Adopted this ATTEST day of , 2010. Dana Brown -Davis Council Clerk APPROVED AS TO FORM: f ", �t /' - A�t� Daniel L. Gibson, Asst. Chief Civil Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair ( ) APPROVED ( ) VETOED Pete Kremen, County Executive Date: Page 2 of 2 321 EXHIBIT A NON-EXCLUSIVE FRANCHISE AGREEMENT This agreement, entered into this day of , 2010, by and between Whatcom County and Y-Squalicum Lake Water Association, shall upon full and proper execution and acceptance as prescribed herein serve as the franchise agreement between the two parties, with the terms as stated herein below. Section 1. Franchise Granted (a) A non-exclusive franchise for the Y-Squalicum Lake Water Association, operating as a private association for the purpose of purveying water within Whatcom County, together with any successors and assignees, referred to herein as the grantee, is hereby granted for a period of 25 years, which provides franchisee the non-exclusive right and privilege to construct, erect, operate, maintain, repair, and replace water lines and related facilities in, along and across county roads or portions thereof as named herein. (b) The rights and privileges granted herein shall apply to all roads and public ways listed, including all portions of rights -of -way abutting said roads and public ways, as follows (and as described in Map attached hereto as Attachment A): On the Squalicum Lake Road, also known as Whatcom County Road No. 80, from its intersection with the South boundary of Section 19, Township 38 North, Range 4 East; North to its intersection with the North Y Road, also known as Whatcom County Road No. 114, and on the Jensen Road, also known as Whatcom County Road No. 80, from the Y Road westward to the point at which it turns southerly and becomes Agate Bay Lane, than south along Agate Bay Lane to the geographic boundary of Lake Whatcom Water and Sewer District, and on the South Y Road and North Y Road, also known as Whatcom County Road No. 80 and 324, respectively, and on that portion of the Henderson Road, also known as Whatcom County Road No. 178, east from the Squalicum Lake Road to the end, at approximately the 3100 block of Henderson Road, all of which roads are located in Page 1 of 12 322 Sections 7, 18 and 19, Township 38 North of Range 4 East of W.M. The rights and privileges shall also apply to the portions of County roads and rights -of -way that are part of or that abut those portions of roads that lie just over the section lines that bisect or intersect the listed roads. Section 2. Acceptance of Franchise (a) No franchise hereunder shall become effective for any purpose unless and until written acceptance therefore shall have been filed with the Whatcom County Council and County Director of Public Works and such written acceptance shall be in form and substance as shall be prescribed and approved by the County Prosecuting Attorney and operate as an acceptance of each and every term and condition and limitation contained in this ordinance, and in such franchise; (b) Such written acceptance shall be filed by Grantee not later than the thirtieth day following the effective date of the ordinance granting such franchise; and in default of the filing of such written acceptance as herein required, Grantee shall be deemed to have rejected the same. Section 3. Entering Rights of Way. The Grantee, its successors and its assignees shall, subject to the requirements of Section 5 below, have the right and authority to enter upon the above -mentioned county roads, rights -of - way and other county property as designated hereinbefore, for the purposes of constructing, operating, maintaining, repairing, and replacing water lines and facilities. Section 4. Construction Standards. All construction and installation work along and under county roads or rights -of -way or other County property outside the corporate limits of any incorporated town shall be subject to the approval and pass inspection by the Public Works Director and shall conform to all Page 2 of 12 323 applicable County and State codes or regulations. The County expressly reserves the right to prescribe how and where the facilities, including water mains and distribution lines, shall be installed, and from time to time, upon six months or otherwise reasonable notice, whichever is longed, the County may require the removal and replacement of the facilities when in the public interest, at the expense of the franchise holder. Section 5. Construction Application. (a) Prior to commencement of construction of said water lines and facilities, Grantee shall first file with the Public Works Director its application for permit to do such work, together with plans and specifications in duplicate showing the position and location of all such lines and facilities sought to be constructed, laid, installed or erected at that time, showing their relative position to existing county roads, rights -of -way or other county property upon plans drawn to scale, hereinafter collectively referred to as the "map of definite location." (b) The water lines and facilities shall be laid in conformity with said map of definite location, or in conformity with design drawings by an engineer, except in instances in which deviation may be allowed thereafter in writing by the Director of Public Works or his authorized designee, pursuant to application by Grantee. The plans and specifications shall specify the class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures, traffic control, traffic turn -outs and road obstruction, etc. No such construction shall be commenced without the Grantee first securing a written permit from the Director of Public Works, including approval endorsed on one set of plans and specifications returned to the Grantee. All such work shall be subject to the approval of and shall pass the inspection of the Director of Public Works. The Grantee shall pay all actual and necessary costs of and expenses incurred in the examination, inspection and approval of such work on account of granting said permits. ' While the period of time is stated as "six months or otherwise reasonable notice, whichever is longer", the parties are generally willing to work to accommodate each other. Page 3 of 12 324 Section 6. Construction on Roadways/Other County Property. (a) In any work which requires breaking of soil of the county roads, rights -of -way or other county property subject to this franchise for the purpose of laying, relaying, connecting, disconnecting and repairing the said water lines and facilities, and making connections between the same to structures and buildings of customers or making connections to other facilities of the Grantee now in existence or hereafter constructed, the Grantee shall be governed by and conform to the general rules adopted by the officers charged with the supervision and care of such county roads, rights -of -way, and other county property; and the Grantee at its own expense and with all convenient speed shall complete the work for which the soil has been broken and forthwith replace the work and make good the county road, rights -of -way or other county property and leave the same in as good condition as before the work was commenced. (b) Applications for permits referred to in Section 5 above shall be accompanied by specifications for the restoration of the county road, rights -of -way or other county property to the same condition it was prior to such breaking of the soil, and such specifications must be approved by the Director of Public Works before such breaking of the soil is commenced. The Director of Public Works may require a performance bond in a sum sufficient to guarantee that such county roads, rights -of -way or other county property shall be restored to the same condition as they were prior to the breaking of the soil. Said bond shall be in addition to any other such requirements contained herein. (c) The Director of Public Works may at any time order, or have done, any and all work that it considers necessary to restore to a safe condition any such county road, rights -of -way or other county property left by the Grantee or its agents in a condition dangerous to life or property, and the Grantee upon demand shall pay to the County all costs of such work; provided that, where reasonably feasible, the Grantee shall be provided prior notice of the condition and allowed seventy-two (72) hours to complete the necessary restoration work itself. Section 7. Construction — Other Lines and Facilities. (a) All construction or installation of such water lines and facilities, service, repair or relocation of same, performed above, along or within the county rights -of -way or other county Page 4 of 12 325 property subject to this franchise shall be done in such a manner as not to interfere with the construction and maintenance of other utilities' lines, drains, drainage ditches and structures, irrigation ditches and structures located therein, nor change the drainage flow therein, nor interfere with the grading or improvement of such county roads, rights -of -way or other county property. (b) The owners of all utilities, public or private, installed prior in time to the line and facilities of the Grantee shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way. Section 8. Construction - Public Safety and Inconvenience. All work done under this franchise shall be done in a thorough and workmanlike manner. In the laying of water lines and the construction of facilities within rights -of -way or other county property, the Grantee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same, so that damage or injury shall not occur or arise by reason of such work; and where any of such trenches, ditches, or tunnels are left open at night, the Grantee shall place warning lights and barricades at such a position as to give adequate warning of such work, per the MUTCD (Manual on Uniform Traffic Control Devices). The Grantee shall be liable for any injury to person or persons or damage to property sustained through its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Grantee. Section 9. County Rights Reserved. In granting this franchise, Whatcom County does not waive any rights which it has now or may hereafter acquire with respect to county roads, rights -of -way or other county property and this franchise shall not be construed to deprive the County of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads, rights -of -way or other County property covered by this franchise. This franchise shall be subject Page 5 of 12 326 to the power of eminent domain, and in any proceeding under eminent domain, the franchise itself shall have no value. Section 10. Relocation of Lines and Facilities. (a) If the County of Whatcom shall improve or change any county road, right-of-way or other county property subject to this franchise by grading or regrading, planking or paving the same, changing the grade, altering, changing, repairing or relocating the same or by constructing drainage facilities, or in the event that such county road, right-of-way or other county property subject to this franchise shall become a Primary State Highway as provided by law, the Grantee shall, at its sole expense and within six months or a reasonable time, whichever is longer,Z following written notice from the Director of Public Works or the Director of Highways, change the location or readjust the elevation of its water lines and facilities so that the same shall not interfere with such County or State work and so that such lines and facilities shall conform to such new grades or routes as may be established. Whatcom County shall not be liable for damage to said Grantee that may occur by reason of any of the County's improvements, changes or works referenced above, except in the event that said damage is caused by the sole gross negligence or intentionally wrongful acts of the County or its agents. (b) All work to be performed by the Grantee under this section shall be under the direction and approval, and shall pass the inspection of the Director of Public Works. The Grantee shall pay all actual and necessary costs and expenses incurred in the examination, inspection and approval of such work. Section 11. County Road Work Permitted. The laying, construction, operation and maintenance of the Grantee's water lines and facilities authorized by this franchise shall not preclude Whatcom County, its agents or its contractors from blasting, grading, excavating or doing other necessary road work contiguous to the said lines and facilities of the Grantee provided that the Grantee shall provide the locations of all of its lines to the line locator service and Whatcom County, prior to beginning any such work, 2 See footnote 1. Page 6 of 12 327 shall first check with the locator service to determine whether or not any of Grantee's lines are located in the proposed work area. Upon finding from the locator service that Grantee does have lines located within the proposed work area, Whatcom County shall provide Grantee with seventy-two (72) hours notice of proposed work, except if a lesser time for notice is warranted by emergency, in order that the Grantee may protect its lines and facilities. Failure of Grantee to properly notify the locator service of the location of its lines shall relieve Whatcom County of its duty to provide Grantee the otherwise -required advance notice of proposed work. Section 12. Monuments and Survey Markers. (a) Before any work is performed under this franchise which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads and all other surveys, the Grantee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Grantee's operations under this franchise. The method of referencing these monuments or other points to be referenced shall be approved by the Director of Public Works. The replacement of all such monuments or other reference points shall be approved by the Director of Public Works. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as possible and under direction of the Public Works Director. Grantee shall bear the cost of replacing any monuments or other markers lost, destroyed or disturbed, and replacements are subject to Grantor's approval. (b) A complete set of reference notes for monuments and other ties shall be filed with the Whatcom County Director of Public Works. Section 13. Maintenance Y-Squalicum Water Association shall maintain all above ground improvements that it places on County right-of-way pursuant to this franchise. In order to avoid interference with the County's ability to maintain the right-of-way Y-Squalicum Water Association shall provide a clear zone of five feet on all sides of such above -ground improvements. If Y-Squalicum Water Association fails to comply with this provision, and by its failure, property is damaged, than Y- Squalicum Water Association shall be responsible for all damages caused thereby. Page 7 of 12 328 Section 14. Vacations. If at any time Whatcom County shall vacate any county road, right-of-way or other county property which is subject to the rights granted by this franchise, then the Whatcom County Council may, at its option and by giving thirty (30) days written notice to the Grantee, terminate this franchise with reference to such county road, right-of-way or other county property so vacated and Whatcom County shall not be liable for any damages or loss to the Grantee by reason of such termination. Prior to vacation, Whatcom County shall, at the request of Grantee, reserve for the benefit of Grantee an easement for the water lines and facilities in the subject right of way or county property. Section 15. Indemnification. (a) By acceptance of the privileges granted hereunder, Grantee hereby agrees and covenants to indemnify, defend, and save harmless Whatcom County and those persons who were, are now, or shall be duly elected or appointed officials or members or employees thereof, against and from any loss, damage, costs, charges, expenses, liability, claims, demands or judgments of whatsoever kind or nature, whether to persons or property, arising wholly or partially out of any act, action, neglect, omissions or default on the part of the Grantee, its subcontractors and/or employees, which may occur by reason of construction, operation and maintenance of the Grantee's said water lines and facilities. In case that suit or action is brought against Whatcom County for damages arising out of or by reason of the above -mentioned causes, the Grantee will upon receiving notice of the filing of a claim or the commencement of said action, appear for and defend the same at its sole cost and expense, and in case judgment shall be rendered against Whatcom County in a suit or action, the Grantee will fully satisfy said judgment within ninety (90) days after said suit or action is finally been determined. Upon the Grantee's failure to satisfy said judgment within a ninety (90) day period, this franchise shall at once cease and terminate and Whatcom County shall have a lien upon the water lines and all other facilities used in the construction, operation and maintenance of the Grantee's water system, which may be enforced against the property for the full amount of any such judgment so taken against Whatcom County. Page 8 of 12 329 (b) Whatcom County's acceptance of any work performed by the Grantee at the time of completion shall not be grounds for avoidance of this covenant. Section 16. Non -Exclusive Franchise. This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit Whatcon) County from granting other franchises of a like nature or franchises for other public or private utilities under, along, across, over and upon any of the county roads, rights -of - way, or other County property subject to franchise, and shall in no way prevent or prohibit Whatcom County from constructing, altering, maintaining, using or vacating any of said roads, rights -of -way, drainage structures or facilities, irrigation structure or facilities, or any other County property or affect its jurisdiction over them with full power to make all necessary changes, relocations, repairs, and maintenance as the County may deem fit. Section 17. Successors and Assignees. All the provisions, conditions, regulations and requirements contained herein shall be binding upon the successors and assignees of the Grantee, and all privileges, as well as all obligations and liabilities of the Grantee shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Grantee is mentioned herein. Section 18. Transferability. Neither this franchise nor any interest herein shall be sold, transferred or assigned without prior consent in writing of the Whatcom County Council, such consent not to be unreasonably withheld. Section 19. Incorporation. Whenever any of the county roads, rights -of -way or other county property as designated in this franchise, by reason of the subsequent incorporation of any town or city, or extension of Page 9 of 12 330 the limits of any town or city, shall fall within the city or town limits, this franchise shall continue in force and affect as to all county roads, rights -of -way or other county property not so included in city or town limits. Section 20. Enforcement/Remedies. If the Grantee shall willfully violate, or fail to comply with any of the provisions of this franchise through willful or unreasonable neglect, or fail to heed or comply with any notice given the Grantee under the provisions of this franchise, then the said Grantee shall forfeit all rights conferred hereby, and this franchise may be revoked or annulled by the Whatcom County Council. In addition to any rights implied or set out elsewhere in this ordinance, the Council reserves the right to require the Grantee to specifically comply with the terms and conditions of the franchise ordinance, or any lawful order, statute, or regulation, and this franchise may be terminated at any time if the Grantee's lines and facilities are not operated or maintained in accordance with such ordinance, statute, order or regulation. Section 21. Reservation of Home Rule Charter Rights. This franchise is subject to the provisions of the Home Rule Charter for Whatcom County and, in particular, Section 9.30 thereof which provides as follows: All franchises granted by the County Council shall be for a fixed term not to exceed twenty-five (25) years and no exclusive franchise shall be granted for the use of any street, road, or public place. All franchises shall be subject to the power of eminent domain and the right of the Council or the people acting for themselves through initiative or referendum to repeal, amend or modify the franchise in the interest of the public; and every ordinance granting a franchise shall contain a reservation of these rights. In any proceeding under eminent domain the franchise itself shall have no value. Section 22. Compliance with Laws and Regulations. This franchise is subject to, and the Grantee shall comply with, all applicable Federal, State, County or municipal laws, regulations and policies affecting performance under this franchise. Page 10 of 12 331 ection 23. Insurance. (a) Upon acceptance of this franchise, the Grantee shall, at the discretion and request of the County, file with the Whatcom County Council, and shall thereafter, during the entire term of such franchise, maintain in full force and effect, a corporate insurance policy or other adequate surety agreement in the amount of ONE MILLION DOLLARS ($1,000,000.00) for property damage coverage, and ONE MILLION DOLLARS ($1,000,000.00) for public liability coverage, so as to protect the County against damages or costs as set forth in Section 14 above. There shall be recoverable, jointly and separately from the principal and surety, any such damages or costs suffered or incurred by the County, including attorneys' fees and costs of any action, or proceedings, and including the full amount of any compensation, indemnification, cost of removal of any property or other costs which may be incurred up to the full principal amount of such insurance policy. Said condition shall be a continuing obligation during the entire term of such franchise and thereafter until Grantee shall have satisfied in full any and all obligations to the County and any user that may arise out of or pertain to said franchise. Neither the provisions of this section, nor any insurance policy accepted by the County pursuant hereto, nor any damages recovered by the County thereunder, shall be construed to excuse faithful performance by the Grantee, or limit the liability of the Grantee under any franchise issued pursuant to this ordinance. (b) The County reserves the right to have its legislative body review the dollar amount of said insurance policy and adjust the amount of coverage as deemed appropriate upon an annual basis. Section 24. License, Tax and Other Charges. No privileges or rights granted hereunder shall exempt Grantee from any future uniform rent, license, tax charge or impost which may hereafter be required by the Grantor, for revenue or as reimbursement for use and occupancy of public ways, and failure to timely remit any sums properly due shall be cause for forfeiture of rights hereunder. Page 11 of 12 332 Section 25. Repealer. All other prior existing franchises granted by Whatcom County to the Y-Squalicum Lake Water Association shall be repealed, and the terms of the franchise granted hereunder shall become effective at such time as an acceptance of franchise is filed by the Grantee with the County in accordance with Section 2 herein. Section 26. Severability. If any portion of the ordinance is deemed invalid the remainder will remain in effect. Section 27. Titles. The section titles used herein are for reference only and should not be used for the purpose of interpreting this ordinance. PETE KREMEN, COUNTY EXECUTIVE APPROVED AS TO FORM: h4e--"� 10/14/10 Daniel L. Gibson, Asst. Chief Civil DATE Deputy Prosecuting Attorney ACCEPTED BY Y-SQUALICUM WATER ASSOCIATION DATE: Name: Title: Page 12 of 12 333 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-388A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori inator: DH 10114110 CIE � V E D V NOV 4 2. ' 1010 11/9/10 Introduction Division Head. 11/23/10 Hearing Dept. Head WHATCOM COUNTY COUNCIL Prosecutor: Purchasin Bud t: / Executive:qw— I TITLE F-DOCUMENT,• Resolution to sell Tax -Title property by negotiation to Whatcom County Flood Control Zone District. Reg. #TR2010-01 ATTACHMENTS: Map SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUHA1ARYST4TEMENT OR LEGAL NOTICE LANGUAGE: The Property Management Committee determined the property be sold by negotiation as per R.C.W. 36.35.150(1); when the sale is to any governmental agency and for public purposes. Parcel No. 400635.128262.0000 / PID 147456 GLACIER SPRINGS DIVISION NO 2 LOT 10 BLOCK 1 TWN 40 SEC 06 RGE 35 For no less than the principal taxes, interest, penalties, title search and foreclosure costs of $2,420.39 COMMITTEEACTION: COUNCIL ACTION: 11/09/2010: 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.whatcomwa.uslcouncil. 334 SPONSORED BY: PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION REQUEST NO. 2010-01 i WHEREAS, RCW 36.35.120 allows -the County to sell real estate acquired by tax 2 foreclosure where it is found to be in the best interest of Whatcom County to sell the 3 same; and, 4 WHEREAS, the Whatcom County Property Management Committee s recommends the resolution be passed to effectively meet the legal requirement for the 6 disposal by negotiation pursuant RCW 36.35.150(1) when the sale is to any 7 governmental agency and for public purposes. and, s WHEREAS, the Whatcom County Property Management Committee 9 recommends the Whatcom County Treasurer enter into negotiations the applicant; and, 10 WHEREAS, RCW 36.35.120 requires the Council to establish the minimum price ii for said unit of property; and, 12 WHEREAS, the Whatcom County Code as well as the state law allows the 13 County to reserve from the sale coal, oil, gas, gravel, mineral, ores, fossils, timber or 14 other resources if the Council finds that it is in the best interest to reserve these; and is WHEREAS, the principal taxes, title search and foreclosure costs, total 16 2 420.39. 17 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the 18 County to sell: Page 1 335 19 Parcel No. 400635.128262.0000 / PID 147456 20 GLACIER SPRINGS DIVISION NO 2 LOT 10 BLOCK 1 TWN 40 SEC 06 RGE 35 21 By negotiation for no less than 2 420.39. 22 BE IT FURTHER RESOLVED that said price shall not be allowed under contract 23 and shall be paid in either cash, certified check, or money order to the Whatcom 24 County Treasurer at the time of sale; and, 25 BE IT FURTHER RESOLVED that said parcel shall be sold subject to restrictive 26 covenants allowing for imposition of Community Association fees, if any, as set forth in 27 Whatcom County Resolution No. 88-37; and, 28 BE IT FURTHER RESOLVED that this sale transfers to the owners all coal, oil, 29 gas, gravel, minerals, ores, fossils, timber or other resources on or in said land and the 3o right to mine for and remove the same in conformity with zoning regulations in force and 31 effect; and, 32 BE IT FURTHER RESOLVED that the Whatcom County Treasurer is hereby 33 directed to sell such property at not less than a certified price and said sale shall take 34 place in accordance with the duties as established in RCW 36.35.120. 35 APPROVED this day of , 2010. 36 37 ATTEST: 38 39 Dana Brown -Davis, Council Clerk 4o APPROVED AS TO FORM: 41 42 Civil De rosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Chair Page 2 336 C� C u d O N h Mi IQ i r / �- J � a = r `•1 - � -_ � ••.tee � •i ` � •• "fin i �4 V`f` _n O� � _ � • 6,`��xr � tt T i � _ {A�\ w �� Flew N•N•>- xN h� w A Y�y. :T �' }" wEl � � • I _ � .'�a (Q� O � , s[ N o , " Q '_ o ,r 'r� -� a f• -_ '. ` w � .f` 'r - �a•n 'r+ iavr �e �.+- x•orti {" r`i'� _ \ oA\ _ i-I SFr •� in oenm f a ^� Nr a?� � ��?fl .t\� 'r' en}• a: �. v 'o �o %( (V,t �J-�* r �� � �?� � a- I -e *r�.�1.oi � :ine �o'cT� ?�• '-�ef6r P � �:� 0 d�V.. e y V to "r ^ T =r� - rir .s T x + �Y' '�'� "� e • T :f P e ra `K o xi'1•.r�c lei• � " � � 'T ?e • T r� > �efD + o le ' v r I a,Y c9 -�e xo x se iI+' � Qi f •� J `Q h \ ri 90 co '�`Ivr r,l}0Ir -`s0` co won �C7 It, c ' 337 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-389A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DH 10114110 R E C E 2 V (j D u L� NOV .0 2 , 2010 WHATCOM COUNTY COUNCIL 11/9/10Introduction Division Head. 11/23/10 Hearing Dept Head. Prosecutor: iu -"-O-ra Purchasin e � I Executive: I l` 1 —'O TITLE OFDOCUMENT. Resolution to sell Tax -Title property by negotiation to Whatcom County Flood Control Zone District. Reg. ##TR2010-02 ATTACHMENTS: Map SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. The Property Management Committee determined the property be sold by negotiation as per R.C.W. 36.35.150(3); when the property has an assessed value of less than five hundred dollars and the property is sold to an adjoining landowner. Parcel No. 400635.140316.0000 / PID 147493 GLACIER SPRINGS DIVISION NO 2 LOT 7 BLOCK 1 TWN 40 SEC 06 RGE 35 For no less than the principal taxes, interest, penalties, title search and foreclosure costs of $1,365.76 COMMITTEEACTION.• COUNCIL ACTION.• 11/09/2010: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. 338 SPONSORED BY: PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. TO SELL COUNTY TAX 1"1-FLE PROPERTY BY NEGOTIATION REQUEST NO. 2010-02 i WHEREAS, RCW 36.35.120 allows the County to sell real estate acquired by tax 2 foreclosure where it is found to be in -the best interest of Whatcom County to sell the 3 same; and, 4 WHEREAS, the Whatcom County Property Management Committee s recommends the resolution be passed to effectively meet the legal requirement for the 6 disposal by negotiation pursuant RCW 36.35.150(1) when the sale is to any 7 governmental agency and for public purposes. and, a WHEREAS, the Whatcom County Property Management Committee a recommends the Whatcom County Treasurer enter into negotiations the applicant; and, io WHEREAS, RCW 36.35.120 requires the Council to establish the minimum price i i for said unit of property; and, 12 WHEREAS, the Whatcom County Code as well as the state law allows the 13 County to reserve from the sale coal, oil, gas, gravel, mineral, ores, fossils, timber or 14 other resources if the Council finds that it is in the best interest to reserve these; and 15 WHEREAS, the principal taxes, title search and foreclosure costs, total 16 1 365.76. 17 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the 18 County to sell: Page 1 339 t9 Parcel No. 400635.140316.0000 / PID 147493 GLACIER SPRINGS DIVISION NO 2 LOT 7 BLOCK 1 TWN 40 SEC 06 RGE 35 20 By negotiation for no less than 1 365.76. 21 BE IT FURTHER RESOLVED that said price shall not be allowed under contract 22 and shall be paid in either cash, certified check, or money order to the Whatcom 23 County Treasurer at the time of sale; and, 24 BE IT FURTHER RESOLVED that said parcel shall be sold subject to restrictive 25 covenants allowing for imposition of Community Association fees, if any, as set forth in 26 Whatcom County Resolution No. 88-37; and, 27 BE IT FURTHER RESOLVED that this sale transfers to the owners all coal, oil, 28 gas, gravel, minerals, ores, fossils, timber or other resources on or in said land and the 29 right to mine for and remove the same in conformity with zoning regulations in force and 3o effect; and, 31 BE IT FURTHER RESOLVED that the Whatcom County Treasurer is hereby 32 directed to sell such property at not less than a certified price and said sale shall take 33 place in accordance with the duties as established in RCW 36.35.120. 34 APPROVED this day of , 2010. 35 WHATCOM COUNTY COUNCIL 36 ATTEST: WHATCOM COUNTY, WASHINGTON 37 38 Dana Brown -Davis, Council Clerk Sam Crawford, Chair 39 APPROVED AS TO FORM: 40 41 Civil D6pth'�secuting Attorney Page 2 340 0 19 Q tto r w LL P, O N R O 4. ikra��ti •:d 341 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-377 CLEARANCES Initial Date e e i Agenda Date Assigned to: Ori nator: NOV 8, Z., 2010 WHATCOM COUNTY 11 / 9 / 10 Introduction Division Head. 11 / 23/ 10 Hearing Dept. Head: Prosecutor: COUNCIL Purchasin / ffijr0119 0 V I i Executive: TITLE F DOCUMENT: Ordinance authorizing the 2011 Whatcom County Unified Fee Schedule. ATTACHMENTS. Proposed Ordinance, Appendix A — Unified Fee Schedule, Appendix B Whatcom County Planning & Development Services 2011 Unified Fee Schedule Policy SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing ? ( x ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This proposed ordinance authorizes the 2011 Unified Fee Schedule (does not include Lummi Island fee schedule which is adopted under separate ordinance). COMMITTEE ACTION.- COUNCIL ACTION.• 11/09/2010: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. nAn 1-0 -TIf- INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: October 26, 2010 ORDINANCE NO. AN ORDINANCE ADOPTING THE 2011 WHATCOM COUNTY UNIFIED FEE SCHEDULE WHEREAS, with the exception of Lummi Island ferry fees adopted by separate ordinance, this ordinance centralizes the listing of fees charged by Whatcom County; and, WHEREAS, fees set by Washington State law will not be listed in the adopted fee schedule due to various timing and consistency conflicts. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom County Unified Fee Schedule is hereby adopted as of January 1, 2011, as detailed in Appendix A, Unified Fee Schedule, and Appendix B, Policy for Planning and Development Services Fees. BE IT FURTHER ORDAINED that department directors may propose to the County Executive a reasonable charge or fee for providing services, privileges or products if the charge is not listed in the adopted Unified Fee Schedule. The fee may include the cost for the use (by any person) of any departmental equipment necessary to provide the service, privilege or product. Fees shall not exceed the amount necessary to reimburse the department for its actual costs incident to such service, privilege or product. During the year, upon a showing of sufficient justification, the County Executive may add new fees or adjust fees set by the Unified Fee Schedule by way of Executive Order. If the fee is an ongoing standard charge, it shall be included in the next annually -proposed unified fee schedule ordinance as a new fee. BE IT FURTHER ORDAINED that these fees shall remain in effect until amended, rescinded or superseded. BE IT FINALLY ORDAINED that, if any portion of this ordinance is found to be unlawful, all remaining portions shall remain in effect. ADOPTED this day of , 2010 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Sam Crawford, Chair APPROVED as to form: Civil Deputy r ecutor () Approved () Denied Pete Kremen, Executive Date: 343 El ❑ ❑❑❑❑ ❑ ❑ [ cD W O N d O > LO w LD 0 O N co 07 d N U N U N U U N U �5 W "ter 2i V N d V d d 'O d N W 41 41 a T O a' T � O a' T O d a a E d a a E d a a E ` C ° .0 = C adi ° C adi madi C �° L O C O C O c a o m o E dw E O. 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The UFS Policy is a practical mechanism intended to provide additional information and clarification regarding individual fees and any of their associated details and foundation. DEFINITIONS: Certificate of Occupancy — As defined and required per the current adopted editions of the International Building Code (IBC), Section 111 and the International Residential Code (IRC), Section R110. Outside Plan Review — A discretionary program available through the Whatcom County Building Services Division, which allows an approved private service provider to perform the plan check/review phase of the permit application review process. Pre -application Review — An optional program available to applicants with large and/or complicated project proposals. The program allows the applicant to submit approved preliminary information, which is then pre -reviewed by appropriate staff. The applicants and their consultants then attend a scheduled meeting where information related to their project and pending application submittal is exchanged and discussed. Project Valuation — A square foot value established for a respective portion of a building according to its proposed use. See UFS Policy, Addendum A. All applicable values are tabulated to determine one total project valuation. The total project valuation is then used to determine the applicable Building Permit Fee according to UFS #8412 through 8420 and Plan Check Fee according to UFS #8243. Repeat Plan — A set of plans for a specific building, which the applicant intends to build multiple times, with no or substantially minor changes, and under the same design criteria. The plans and related information are submitted for review and Repeat Plan File Setup prior to application for a permit to construct the specific building on a given site. See UFS Policy, Building Services Division, Repeat Plan Permit Applications, Addendum C. 1 382 Reuse Plan — A set of plans for a specific building for which the applicant has already received a building permit. Now the applicant intends to build the same building again, with no or substantially minor changes, and under -the same design criteria. Clearly legible copies of the reviewed/approved plans and related information are submitted for application to build the same building on a new site. See UFS Policy, Building Services Division, Code Interpretation #2002-01, Addendum D. Unified Fee Schedule (UFS) — The schedule format document approved by the governing authority of Whatcom County, which lists and categorizes all fees the County is authorized to charge for the services it is mandated to provide. GENERAL POLICY: The establishment and assessment of fees is per Whatcom County as the governing authority and per the code editions published by the International Code Council and currently adopted by Whatcom County, with particular reference to the code sections related to fees (example: 2009 IBC Section 109). Fees shall be collected for any nonexempt work (IBC Section105.2) commenced without first obtaining a permit and/or for work by Whatcom County staff related to a permit application or to a project, whether or not a permit is then or subsequently issued. SPECIFIC POLICIES: 1. #8379 Building Permits Repeat Plan File Setup Rate Basis: 65% of Building Permit (UFS #8412 through 8420). Repeat Plan File Setup is a substantially similar process to typical plan submittal and plan check review. It involves all the same processes, which are intended to be compensated through the Plan Check Fee (UFS #8243). The Plan Check Fee is 65% of Building Permits (UFS #8412 through 8420), respective to project valuation. See UFS Policy, Building Services Division, Construction Fee Schedule, Addendum A (residential/accessory) or Square Foot Construction Costs, Addendum B (commercial) for project valuation and Repeat Plan Permit Applications, Addendum C, for a basic explanation of the repeat plan file setup program. 2. #8381 Building Permits: Commercial Rate Basis: Per UFS Building Permit Fee, #8412 thru 8420 according to in-house calculation of valuation or approved bid documentation, and Plan Check Fee, #8243. 2 383 Project valuation to establish permit fees for commercial projects is derived from the Square Foot Construction Costs table, listed and updated approximately annually, in the Building Safety Journal published by the International Code Council. See UFS Policy, Building Services Division, Square Foot Construction Costs example, Addendum B. Applicants have complained on occasion that their projects don't fit the table and can be completed for less than the value established by the table. There is some case -by -case merit to this argument. The table is somewhat general and does not adequately address certain specific types of projects. IBC Section 109.3 allows the Building Official to accept detailed estimates to establish valuation. The estimate documentation must meet the approval of the Building Official. Final building permit valuation shall be set by the Building Official. 3. #8382 Building Permit: Reinstatement Rate Basis: 50% of original Building Permit Fee (UFS #8412 thru 8420) within 12 months of issuance and no code change. The rate amount is based on the language in the 1997 Uniform Building Code (UBC), Section 106.4.4, except that the Building Official has determined that the fee shall be one half (50%) of the original Building Permit Fee per the current UFS #8412 thru 8420. No changes shall have been made or will be made in the original plans and specification for such work, and provided that suspension or abandonment has not exceeded one year (12 months), and further provided that there has been no change in the applicable adopted code editions. The policy assumes all work to be inspected is accessible and includes an average of one reinspection per inspection category. Under the terms of the policy, as described herein, this includes the service through final inspection and issuance of a certificate of occupancy. 4. #8383 Building Permit: Work Started Without a Permit Rate Basis: UFS Building Permit Fee (#8412 thru 8420) multiplied by two. The rate amount is based on the language in the 1997 UBC, Section 107.5.2, except that the Building Official has determined that the investigation fee shall be equal to the amount of the Building Permit Fee, UFS #8412 thru 8420. The purpose and intent of the fee is to recover some of the miscellaneous extra staff costs related to the enforcement actions associated with such issues. The investigation fee, in addition to -the permit fee, shall be collectable, whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 5. #8384 Building Permit: Repeat/Reuse Application Rate Basis: 50% less than the original Plan Check Fee, per UFS #8243. The discounted rate applies to 1.) Applications made on projects that have completed the Repeat Plan File Setup process, see UFS Policy, item #1 previous, or 2.) To reuse applications that meet the criteria per Building Services Division, Code Interpretation #2002-01, included in this Policy as Addendum D. The intent of the discount is to more accurately reflect the cost of providing the service, including not charging applicants for work not preformed. While some related administrative and follow-up staff time is required for such applications, little or no additional plan review is required. 6. #8388 Fire: Adrriiriistrative/Miscellaneous Review Rate Basis: $50.00 per review This fee is to more accurately reflect the cost of providing this service and recover Fire Marshal staff time not previously charged. The fee is for review of administrative, discretionary and similar types or applications, such as subdivision, conditional use, variances, cottage industries and the like. 7. A. #8366 Construction Permit: Pre -application Review Rate Basis: $500.00 base plus $100.00 per hour after the first 1.5 hours. In general, Pre -application Review meetings are limited to a maximum 1.5 hours (90 minutes) and are scheduled accordingly. Historically, this pattern has been sufficient with minor exceptions where individual staff members agree to follow up with applicants at a later time for issues which require additional research. On rare occasions, a complicated project or complicated issue related to a project warrants a longer meeting or extensive additional research by one or more staff members. Such issues may not have been anticipated by the applicant or may have been unanticipated by staff due to inaccurate or incomplete information. The inclusion of an hourly rate, in addition to the base fee, allows staff some flexibility in extending a meeting when conditions allow or to continue additional research. It provides a mechanism for recovering some service costs for such unanticipated additional work. Neither the base fee nor the hourly rate is intended to recover all such cost for this service. B. #8422 Construction Permit: Reduced Pre -application Review Rate Basis: $250.00 base plus $100.00 per hour after the first 1.5 hours. Pre -application meetings at a reduced rate basis are reserved for commercial projects and, to a lesser degree, residential and/or accessory projects that have chosen to or have been required to go through a discretionary permit review. Discretionary permit applications are 4 385 generally expensive. They receive staff review and comment and usually include conditions of approval. However, the review, comments and conditions are typically general in nature, since the information provided for review is typically preliminary in scope at the discretionary review phase. Through experience, staff has learned that certain types of projects benefit from additional and more detailed preliminary review typical of pre -application meetings, including the opportunity to ask and answer questions specific to the project. Such projects are often complicated in scope, involve inexperienced or volunteer applicants, involve multiple natural resource issues or combination of these and other factors. Because significant expense and review has already occurred, these meetings involve a reduced number of staff participants, thus the reduced rate basis. 8. #8373 Outside Plan Review Rate Basis: Less 25% of Building Permit Plan Check Fee, UFS #8243, according to the conditions of the Unified Fee Schedule Policy. Whatcom County's work load, as it relates to building permit applications, has historically been subject to fluctuations of undetermined duration due to uncontrollable forces, such as seasonal or weather related, economic, regulatory changes and the like. Such forces may occur simultaneously or overlap and may occasionally be severe. Whatcom County, like other jurisdictions, has limited resources and options to respond to such fluctuations in a timely manner. Workload backlogs occur as a result. Outside Plan Review has been successfully utilized by Whatcom County as one mechanism to respond to work load backlogs. However, because the private plans examiner who performs the outside plan review is paid by the applicant, there is potential for issues related to conflict -of -interest and the Public Service Inspector must be extra vigilant when performing inspections on these projects. In addition, the private plans examiner is not as accessible as County staff when problems or question arise. Therefore, it is recognized, potentially, as less than optimal. Outside Plan Review (OSR) will be available to applicants as an option. However, the Building Official has latitude whether to maintain the availability of this option. The applicant must request OSR at the time of the application submittal appointment. The application file will be "marked" OSR at that time. However, marking the file is no guarantee, implied or otherwise, that the specific project application or any given project application will be eligible for OSR. Marked application files will only be routed to OSR if the internal backlog for plan review exceeds the timeline goal of the Building Services Division. It is the goal of the Division to review each plan within a four week or less time frame, starting from the date that the application is determined to be complete and ready for plan review. The time frame goal may be subject to adjustment or modification 5 386 according to work load, operation and/or management needs of the Building Services Division. The plan review phase is typically the last major review before the application is approved for permit issuance, usually followed only by final review. All other required reviews applicable to the project must be completed before an application will be routed to OSR unless approved otherwise by the Building Official. The intent of the discount is to more accurately reflect the cost of providing the service, including not charging applicants for work not performed. The OSR program requires more administrative and follow-up staff time than the Repeat/Reuse Application program, but there is still little or no additional plan review required. 9. #8349 Plumbing: Complex Systems and #9010 Mechanical Code: Complex Systems Rate Basis: UFS Building Permit Fee (#8412 thru #8420) and Plan Check Fee (#8243) The Building Services Division reserves the flexibility to base fees for complex plumbing and/or mechanical systems on the valuation of the project instead of the typical per -appliance provisions currently in the Unified Fee Schedule. It is increasingly common for new innovative solutions to residential, commercial and industrial plumbing and mechanical problems to involve complex, integrated systems utilizing multiple appliances. Two possible examples are an integrated solar and geothermal residential heating system or an industrial grade flash freezing system for a berry processing plant. Both systems are easily described as complex and do not fit the usual review and inspection mode. They typically require extensive plan review, communication with consultants, multiple site inspections and, in some cases, extensive testing protocols developed by licensed design professionals. 10.#9027 Building Permit Extension Request Authorization: WCC 15 and per Planning and Development Services Internal policy Pt-1-74-002Z (Addendum E) Reviewed and Approved C%, � - �&� J. ff. Ryan,4atephe Director Planning & Development Services Dated: ) D —/ 8 - /C Wain Harr' on, Supervisor Building Services Division Dated: 6 387 UNIFIED FEE SCHEDULE POLICY BUILDING SERVICES DIVISION ADDENDUM A PLANNING & DEVELOPMENT SERVICES BUILDING SERVICES DIVISION CONSTRUCTION FEE SCHEDULE ADDENDUM (Revised January 1, 2009) PC' QF CO itUC-�`I©N Ga 7 .e_;-. - • `: UF� .r...,. "Y VQLU`E PE . SINGLE FAMILY RESIDENCE: Living Space - All Floors $90.0 Valuation per apprvd bid documentation o Remodel/Renovation (whichever is less) $45.00 Bonus Room - No Fixtures - Upper Floor $35.0 Basement - Unfinished $35.0 GARAGE: Attached/Detached with insulation & drywall $30.0 Detached, interior frame exposed $20.0 CARPORT $15.0 COVERED PORCH/DECK $15.0 UNCOVERED PORCH/DECK $12.0 ACCESSORY STORAGE: Wood Frame $20.0 Pole Type $15.0 FARM BUILDINGS: Pole Buildings $18.0 Steel Buildings $20.0 Concrete Block $20.0 FIREPLACES: MASONRY Single $1,500.0 Double $2,000.0 GREENHOUSES: Commercial, soft skin $7.0 Commercial, hard skin $20.0 Residential, soft skin $10.0 Residential, hard skin $25.0 SC. COISTRUCTION/DOCKS, ETC: r Fresh Water Salt Water Floating Docks $8.00 $12.00 Piling Supported Docks $8.00 $12.00 Ramps $8.00 $12.00 Individual Piles $150.00 $200.00 MISC. CONSTRUCTION/ADDI"I"IONS: Sunun Room $50.0 Fodations/Retaining Walls (per linear foot) $100.0 MOBILE HOMES INSTALLATION: Mobile Home Plan Review Fee $100.00 Single Wide (in Mobile Park) (Per story) $250.00 Single Wide (on Residential Lot) (Per story) $350.00 Double Wide (in Mobile Park) (Per story) $400.00 Double Wide (on Residential Lot) (Per story) $500.0 Triple Wide (in Mobile Park) (Per story) $500.00 Triple Wide (on Residential Lot) (Per story) $600.0 Quadruple Wide (in Mobile Park) (Per story) $600.00 Quadruple Wide (on Residential Lot) (Per story) $700.00 lie UNIFIED FEE SCHEDULE POLICY BUILDING SERVICES DIVISION ADDENDUM B (SAMPLE TABLE) Square Foot Construction Costs", °, ° Group- _ _ (2003 lntematwnal Building Code) - - -_ - - -- Typo of Construction IA IB IIA 1113 IIIA IIIB IV VA VB A-1 Assembly, ►heaters, with stage 176.86 171.15 166.88 159.97 148.38 147.66 154.79 ......... 137.22 132.12 --- Assembl ,theaters, erithout sta a .,._._..._... y-- - _ _ _ _._... s_ _ 763.20 - 157.49 .. - 153.22 146.31 134.72 134.00 141.12 - - 123.56 ......... 118.46 ......................_ A-2 Assembly, nightclubs _ 137.74 133,4E 130.10 125.03 116.08 115.77 --._ 120.68 106.71 -... - -. 103.11 .,,..... A-2 Assembly restaurants, bars, banquet halls - 136.74 --.._.-.._. 132.48 128.10 124.03 114.08 114 77 119.68 ..................... 104.71 102.11 ..._ ._.. A 3 - Assembl ,churches ._.._.�Y - _ _ _.._......................_...._._._... 163.84 157.92 153.66 146.75 135.13 _._.--_....._......._..._................................_-_ 134.40 141.56 123.97 118.86 A-3 Assembly, general, community halls, libraries, museums 139,33 133.62 128.35 122.44 109.81 110.09 117.26 98.65 94.55 A-4 Assembly, arenas 136.74 132.48 128.10 124.03 114.08 114.7 1 119,68 104.71 102.11 -- ._...- B - - - Business _..._.._ 140.02 - -._.- 134.95 -� 130.65 124.54 _ 111.53 110.82 _......_...__._......._..._....._-___- 119,78 99.60 05,75 E - _ Educational 149.11 144.66 139.93 133.69 123.37 19-0.45 129.32 110.19 106.00 F-1 Factory and industrial, moderate hazard 85.02 81.11 70-36 73.96 63.99 64.99 70.93 54.57 51.74 ----.. ....................._.__.-.. ................_. - ....._._.__...._......................,.,,......__..._......_..__._....-.. -._........ . ..............__ H-1 ---.._...................., Hiqtt Hazard, explosives 79.. 5 ' 75.BM1 72.09 - _..._...._....._._. 68,68 59.88 59.88 65.66 50.46 _..._................,,,, N.P. ___ ,.. H234 High Hazard H-5 HPM 79.. 5 140.02 75.84 134.95 72.09 130.65 _..,... 68.68 124.54 59�88 - 111.53 59.88 110.82 65.66 119.78 50.46 99.60 ................. 4.... 90.75 -1 _ ..........._..... - Ins-utonalsupervised,environment_138_30 - --.._.........- ................... 133.59 ......._............. - 13.04 124.80 114.56 114.52 - - _............. 123.94 .__........_............................... 105.39--101.21 I ----� 1-2 Institutional, incapacitated 233.04 227.97 22&157 217.56 204.05 N.P. 212,80 192.13 N.P. 1-3 Institutional, restrained 159.07 154.00 149.70 143.59 131.82 130.11 138.83 119.89 114.03 -4 _Institutional, day care facilities ,_ _. 138.30 3.59 13•„•.. •„_. _,,,, 130.04 -- 124.80 114.56 114.52 __._..._......... 123.94 ................. 105.39 101.21 M -........._...__..._..... R-1 R_3 R-4 Mercantile ........................................_.............._...__._-........_...._..._....................-............_...__..._._.........---....._................._.._. Residential, hotels Residential, multiple familX Residential, one- and iwo_family _ _ Residential, caretassisted living facilities ---._.... 102,58 138.69 116.34 111.51 138.30 98.32 133.98 111 _63 108.46 133,59 93.94 130.43 108 08 105.79 130.04 89.87 - 125.19 _ 102.84 102.87 124.80 80.45 -_.,,.,..,..............._........._...._...........................-...........................,...-._.-_.._....-_... 115.04 92.80 98.15 114.56 81A5 115.00 92.76 97.91 ......_.._....._......._._ 114.52 85,52 124.42 102.18 ..... - -........... 101.12 ..............._..........._.........__......................_ 123.94 .. ---..................... 71.08 105.87 - --- 83.63 93.50 105.39 _.._-.._.._..-_...- 68.48 101.68 79.45 88.03 __ 101.21 S-1 SloraV, moderate hazard .__.._.._._..._.....--- 78.75 - . 74.84 _. ._ _._ 70.09 -..- 67.68 _.._-.-..._.__....._.._...____ 57.88 58.88 64.66 ..............._......................_-._........................_._.._...: 48.46 45.63 S-2 Storage, low hazard _ ._..._ . ............._... _... -- 77.75 73.84 70.09 _....._..-_- 66.68 57.88-67.88 63.66 - 48.46 44.63 i u Utility, miscellaneous 59.54 56.30 52.95 50.29 43.72 43.72 46.94 35.89 34.18 (Note: Building Safety Journal Square Foot Construction Costs table in effect at time of submittal of 2009- 2010 UFS Schedule, January -February 2008, and including an internally adjusted fee for S-1, Type II-B, steel frame or steel stud rental storage buildings and steel storage container structures. The most current available table will be referenced) 9 390 UNIFIED FEE SCHEDULE POLICY BUILDING SERVICES DIVISION ADDENDUM C REPEAT PLAN PERMIT APPLICATIONS Thank you for participating in our Repeat Plan Permit program. The intent of this program is to substantially reduce the time necessary to obtain a building permit by eliminating the waiting period in plan review. Since your plans are "pre -approved", they will not be required to go through the normal plan review process (they're already approved!). To help expedite your permit you will need to supply sufficient information for all departments to perform their reviews. INITIAL REPEAT PLAN APPLICATION 1. Make appointment with a Plans Examiner to submit Repeat Plans. 2. Bring 2 complete sets of plans including floor plans and elevations, energy compliance forms and engineering (if required) to appointment. 3. A file will be set up for your Repeat Permit. Every effort will be made to review repeat plans and related information within two weeks of the date submitted. 4. You will be notified by a Plans Examiner when the repeat plans are ready to pick up. The balance of the plan review fee will be paid at this time. 5. You will receive two sets of approved plans, energy compliance forms, and engineering (if required). You will also receive a partially completed permit application form, which is part of your repeat permit. PULLING PERMIT APPLICATIONS OFF REPEAT PLANS When you are ready to pull a permit from your pre -approved repeat plans, you will need to bring the following information to your application appointment: 1. Photocopy of your partially completed repeat permit application form. You will need to fill in the site -specific information at the top of the application (parcel number, site address, etc.) and sign the bottom of the application. 10 391 2. Two complete copies of your pre -approved repeat plans with all plan review comments and corrections. 3. Two copies of your pre -approved energy compliance forms and engineering calculations (if required). 4. Other applicable documents normally required to apply for a building permit. (See the checklist of required information in the Residential Structures application packet.) All other departmental reviews such as zoning, land disturbance, and Health Dept. will be completed prior to permit issuance. Your construction plans are valid for sites meeting design criteria indicated on plans (i.e. 25 psf snow load region, 1500 psf assumed soil bearing capacity, etc.). If your proposed site conditions do not meet design criteria indicated on plans, plans will not be valid and additional review by this department will be required. Fees are required for additional review. Your repeat plans are valid until the next applicable code changes. At that time, if you wish to re -instate your repeat permit, a supplementary plan review and additional fees ($100.00 minimum) will be required. 11 392 UNIFIED FEE SCHEDULE POLICY BUILDING SERVICES DIVISION ADDENDUM D CODE INTERPRETATIONS WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES BUILDING SERVICES DIVISION NUMBER: 2002-01 EFFECTIVE DATE: 2/15/02 REVISION DATE: 11/1/07 SUBJECT: Conditions of discounted plan review fee for Reuse Plans. Current adopted edition of the International Residential Code CODE: (IRC). Sections R106 & R108 SUBMITTED BY: Wain Harrison APPROVED BY: Sam Ryan STATEMENT OF INTERPRETATION: Whatcom County Building Services Division will discount 50% of the plan review fee for specific individual permit applications on a case -by -case basis, subject to the Building Official's discretion. A review fee discount will apply for reuse residential plans, based on the current adopted Unified Fee Schedule, subject to the following conditions: 1. The plans in question must have been previously reviewed by Building Services within one year of the date of the current application for the reuse plan submittal. 2. The applicant must provide the most recent previous permit number associated with the reuse plan; submit two clear, legible copies of the previously reviewed plan drawings with all the Plans Examiner notes, conditions and labels visible; provide copies of all relevant documents, such as engineer calculations, energy code forms, truss layout/engineering and the like. 12 393 3. The current application for the reuse plan submittal shall have no more than minor, nonstructural changes with no alterations or expansion of the original building footprint. All changes must be clearly indicated on the plan drawings. 4. Engineered reuse plans must be accompanied by a letter from the engineer of record approving the use of the engineering for the specific plans at the new proposed building site. Any proposed changes to the plan drawings, minor or otherwise, must be reviewed and approved in writing by the engineer of record. The written documentation must be stamped and signed by the engineer. Page 2of2 Any applications submitted, which do not meet all of the above applicable conditions, will not be considered a reuse plan submittal. The application will be subject to the full plan review fee, based on the current adopted Unified Fee Schedule. 13 394 WHATCOM COUNTY ��omco J.E. ""Sam" Ryan Planning & Development Services ��° ri`"� Director 5280 Northwest Drive, Bellingham, WA 98226-9097 �, ��� Addendum E `SHING 360-676-6907, TTY 800-833-6384 360-738-2525 Fax Planning and Development Services Policy Subject/Title: Building Permit Expiration Policy Number: PL1-74-002Z Effective Date: 10-18-10 Submitted By: Wain Harrison, Building Services Supervisor W. /7/ Reviewed By: J.E. "Sam" Ryan, Director Approved By: J.E. "Sam" Ryan, Director v� Statement: To provide direction and guidance when making determinations regarding the typically complicated issues related to the expiration of building permits Reference: The current adopted editions of the International Building Code (IBC), Sections 105.4 and 105.5, and of the International Residential Code (IRC), Sections R105.4 and R105.5. PERMIT EXPIRATION POLICY I. Extension Requests Issued building permits may be extended per IBC Section 105.5 and IRC Section R105.5. Applicants may receive a maximum of two extensions for the duration of an issued permit provided each extension request is made, in writing, within 180 days from the date of the last applicable inspection or approved, documented activity. Otherwise, it will be assumed work has been suspended or abandoned and the permit will be considered expired. Second and additional extension requests will be charged an administrative processing fee of $100.00/hour (UFS #8078), rounded up in increments of 1/4 hour. Administrative fees may be applied to processing of any extension related activity, at $100.00/hour, if deemed warranted by the Building Official. The Building Official has discretion and latitude regarding the approval of an extension request, the duration of an extension or the maximum number of allowed extensions in cases where there are verifiable extenuating circumstances, such as an out-of-pocket owner/builder, or Building Permit Expiration Policy Page 4 PL1-74-002Z Octobe& documented hardship, related but not necessarily limited to such categories as a family emergency, medical, financial, legal, etc. Proof of continuous construction activity may be considered. A minimum of a written chronology of the continuous activity and corroborating dated building material and/or (sub)contractor receipts must be submitted with the extension request. Final determination is at the sole discretion of the Building Official on a case -by -case basis. Approved extended building permits retain vesting of the codes and regulations in effect at the time of complete application and applicable to the original, approved, issued permit. A separate Building Permit Extension Request form must be filled out for each extension request. Additional documentation may be required for submittal and approval. Due to the average general differences regarding the requirements, scope and historical duration of commercial projects, as opposed to residential, accessory and/or agricultural projects, additional time consideration is deemed appropriate and reflected in this policy. II. Expiration greater than 180 days but less than 12 (twelve) months for residential, accessory and/or agricultural (R, AC, AG), 18 (eighteen) months for commercial (CM), and/or no change in applicable adopted code editions. An issued building permit, which has expired, may be reinstated if the duration from the date of the last applicable inspection or approved, documented activity has not exceeded 12 (twelve) months R, AC, AG, 18 (eighteen) months CM, and/or no change has occurred in applicable adopted code editions. The fee for reinstatement is one-half the original building permit fee, per the current adopted Unified Fee Schedule (see UFS #8081). One-half the original building permit fee means the building permit portion of the permit fee, established per the current adopted Unified Fee Schedule (UFS), Building Permits, #2004 through 2011, divided by two as applicable. Note: the UFS numbers reference the 2008 UFS, in effect at the time of the writing of this policy and may be subject to adjustment in future adopted schedules. Other specific, case -dependent fees may apply. An alternative to reinstatement may be considered in cases where verifiable extenuating circumstances or documented hardship exist. A permit, expired less than 12 (twelve) months R, AC, AG, 18 (eighteen) months CM, and/or no change in applicable adopted code editions has occurred, may be extended in lieu of reinstatement provided the duration of the approved extension does not exceed 180 days from the actual date of expiration. A reinstated or alternatively extended building permit retains vesting of the codes and regulations in effect at the time of complete application Building Permit Expiration Policy Page f PL1-74-002Z Octobe determination, except that any revisions to the project will be subject to the codes and regulations in effect at the time of revision submittal. III. Expiration greater than 12 months R, AC, AG, 18 months CM, and/or change in applicable adopted code editions. An issued building permit, which has expired, remains expired, looses all vesting and cannot be reinstated if the duration from the date of the last applicable inspection or approved, documented activity has exceeded 12 (twelve) months R, AC, AG, 18 (eighteen) months CM, and/or a change has occurred in applicable adopted code editions. Applicants must apply for an entirely new building permit to reactivate their nonexempt project(s) - see IBC Section 105.2 and IRC Section R105.2. No applications will be accepted until all outstanding fees associated with the original expired permit have been paid in full. New building permit applications to reactivate a nonexempt project are vested at the time of new application and must be updated and meet all requirements of the applicable adopted codes and regulations in effect at the time the application is determined to be complete. IV. Exception When an issued building permit has expired and available records verify that only a checklist or final inspection remain to complete the building permit, an applicant/owner can close out the permit by scheduling the checklist inspection or final inspection. The inspection shall be prepaid. The fee is $100.00, designated per the Unified Fee Schedule as a re -inspection (UFS #2002). Additional inspections may be required, per the judgment of the Public Service Inspector, before the building permit can be completed and certificate of occupancy issued. Each additional inspection must be prepaid at the designated fee of $100.00 per inspection. Issued building permits that have expired and have additional inspections remaining besides checklist or final inspection, do not meet the criteria of this exception and are subject to the applicable requirements of the other sections of this policy. V. Permits subject to the seasonal clearing activity restrictions in Water Resource Special Management Areas, Whatcom County Code (WCC), Section 20.80.735. Permits issued within the boundaries of a Water Resource Special Management Area (Lake Whatcom, Lake Samish, Lake Padden), which are subject to seasonal clearing activity restrictions have additional expiration requirements and considerations. The requirements and considerations are addressed per Building Services Division Code Interpretation #2007-03. VI. Additional considerations and philosophy. Building Permit Expiration Policy Page PL1-74-002Z Octobe 0 The International Codes recognize that a certain number of permit extensions are unavoidable. However, they are often problematic from an administrative point of view. Office and field staff should consistently encourage and look for ways to work with applicants to avoid extensions where responsible and practical. Where possible, when applicants agree a particular deadline can be safely met, extension durations should be limited. Building Services is under no obligation to grant full 180-day extensions in all cases. However, every effort should be made by staff to educate the applicant about the full implications and/or consequences of their decision and agreement. Building Services will not accept responsibility for work which has been completed and covered without the applicable required inspections, unless and only when the applicant agrees to expose all applicable work so that the required inspections can be completely and responsibly performed. In all cases, where work has been covered without required inspection, it will be clearly documented on the inspection record and in the corresponding permit record in the database. VII. IBC Section 104.1. IRC Section R104.1, Duties and Powers of the Building Official. The Building Official has the authority to render interpretations of the adopted codes and to adopt policies and procedures in order to clarify the application of their provisions. The Building Official has discretion and latitude in the interpretation of all aspects of this policy and the procedures referred to herein. Final determinations are at the sole discretion of the Building Official. Building Permit Expiration Policy Page 4 ofS�4 PL1-74-002Z Octobeaof% WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2010-355A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: M.A. 912412010 _ MattAamot — _- �_°/ !� Lv/ �o1Q 10/26/2010 Introduction Division Head: Wain Harrison /�� - 11/09/2010 Hearing Dept. Head: Sam Ryan q ®i 11/23/2010 Council Prosecutor: Royce Buckingham COUNTY Purchasing/Budget: OUNCIL Executive: Pete Kremen TITLE OF DOCUMENT: Capital facility planning for County facilities. ATTACHMENTS: 1. Proposed Ordinance and Exhibits 2. Planning Commission Findings of Fact and Reasons for Action 3. Planning Commission Minutes Other background information is on file at the Council office. SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date 'The Council must hold a hearing if they want to change the Planning Commission's recommendation [WCC Z160.100(2)[ S UMM,4R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action) Proposed Six -Year Capital Improvement Program (CIP) for Whatcom. County Facilities 2011-2016 (Appendix F of the Whatcom County Comprehensive Plan) that would replace the existing Six -Year CIP for 2009-2014. The Six -Year CIP includes plans for County parks, trails, activity centers, correction facilities, government buildings and transportation. The proposed amendments also include eliminating the level of service standards for government office space in chapter 4 of the Whatcom County Comprehensive Plan. NOTE: Final approval of these amendments should occur along with approval of the County budget (RCW 36 70A. 130(2)). COMMITTEE ACTION: COUNCIL ACTION: 10/26/2010: Council Accepted revised version as Introduction 11/09/2010: Council postponed to 11/23/2010 written record held open until 11/23/2010 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2010-00014 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcontwa.uslcouncil. 399 9-24-10 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. ADOPTING THE SIX -YEAR CAPITAL IMPROVEMENT PROGRAM FOR WHATCOM COUNTY FACILITIES (2011-2016) AND RELATED AMENDMENTS WHEREAS, The Whatcom County Council initiated the subject amendments for review in 2010; and WHEREAS, The Whatcom County Planning Commission held a public hearing on September 9, 2010 and a work session on September 23, 2010; and WHEREAS, The Whatcom County Council has considered the Planning Commission's findings of fact and reasons for action, conclusions and recommendations relating to the proposed capital facility amendments; and WHEREAS, The Whatcom County Council hereby adopts the following findings of fact: FINDINGS OF FACT Background Information The proposal includes amending the Whatcom County Comprehensive Plan as follows: a. Eliminating the level of service standards for government office space in chapter 4 of the comprehensive plan; b. Adopting the Six -Year Capital Improvement Program (CIP) for Whatcom County Facilities 2011-2016; and c. Repealing the existing Six -Year CIP for 2009-2014. Public Notice/Hearing 2. Notice of the Planning Commission hearing for the subject amendments was posted on the County's website on August 25, 2010. WE 3. Notice of the Planning Commission hearing for the subject amendments was published in the Bellingham Herald on August 29, 2010. 4. The Planning Commission held a public hearing on the subject amendments on September 9, 2010. 5. The Planning Commission held a work session on the subject amendments on September 23, 2010. State Environmental Policy Act 6. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on August 25, 2010. Approval Criteria 7. Pursuant to WCC 2.160.080, in order to approve the proposed comprehensive plan amendments the Planning Commission and County Council must find all of the following: a. The amendment conforms to the requirements of the Growth Management Act, is internally consistent with the county -wide planning policies and is consistent with any interlocal planning agreements. b. Further studies made or accepted by the Department of Planning and Development Services indicate changed conditions that show need for the amendment. c. The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: i. The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan. ii. The anticipated effect on the ability of the county and/or other service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. 2 401 iii. Anticipated impact upon designated agricultural, forest and mineral resource lands. d. The amendment does not include or facilitate spot zoning. e. Urban growth area amendments that propose the expansion of an urban growth . area boundary shall be required to acquire development rights from a designated TDR sending area. Growth Management Act 8. The Growth Management Act (GMA) establishes planning goals in RCW 36.70A.020 to guide adoption of comprehensive plan amendments. 9. GMA planning goal # 12 is to "Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards" (RCW 36.70A.020(12)). 10. The subject amendments include updating the Six -Year CIP for Whatcom County Facilities for the 2011-2016 planning period. Updating the CIP is one step in the process of planning regional facilities to serve the people of Whatcom County. 11. The GMA, at RCW 36.70A.070(3), requires that a comprehensive plan must include a capital facilities plan element consisting of a. An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities. b. A forecast of the future needs for such capital facilities. c. The proposed locations and capacities of expanded or new capital facilities. d. At least a six -year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes. e. A requirement to reassess the land use element if probable funding falls'short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. 3 402 12. The capital facilities element of the Whatcom County Comprehensive Plan has several components including: a. Chapter 4 - Capital Facilities; b. Appendix E — Whatcom County 20-Year Capital Facilities Plan (contains six and 20-year plans for water, sewer, and other facilities); and c. Appendix F - The Six -Year Capital Improvement Program for Whatcom County Facilities (addresses only County owned or operated capital facilities). The subject proposal amends Chapter 4 and Appendix F, but does not amend Appendix E. The Growth Management Act does not require amendments to Appendix E in 2010. 13. The Six -Year CIP for Whatcom County Facilities contains an inventory of existing County owned or operated facilities, a forecast of future needs based upon the level of service adopted in the Whatcom County Comprehensive Plan, proposed new County capital facilities, costs and funding sources. 14. Existing Comprehensive Plan Policy 4A-4 addresses the GMA requirement to reassess the land use element if probable capital facility funding falls short. County -Wide Planning Policies 15. County -Wide Planning Policy K-1 indicates that, as part of the comprehensive planning process, the County must identify appropriate land for public facilities that meets the.needs of the community including recreation, transportation and human service facilities. 16. The CIP identifies County park, trail, building and transportation improvements as contemplated by the County Wide Planning Policies. Interlocals 17. Existing inter -local agreements between Whatcom County and several cities indicate that the County will consult with the appropriate city in planning new road construction projects within the city's urban growth area. Additionally, the inter -local agreements indicate joint planning for parks. 18. The County Engineer. indicated on August 24, 2010 that the County sends a copy of the six -year transportation improvement program to cities prior to approval, requests comments, and informs cities of the hearing date. The Whatcom County Parks Director stated on August 24, 2010 that the County Parks' staff maintains a consistent working relationship with appropriate staff from cities on joint park projects and 4 403 planning. Therefore, it appears that the type of cooperation envisioned by the inter - local agreements is occurring. Further Studies/Changed Conditions 19. The Whatcom County Comprehensive Plan calls for an update of the Six -Year Capital Improvement Program for County facilities every other year. Specifically, Policy 4B-1 is to: Maintain and update, on at least a biennial basis, a six -year capital improvement program (CIP) that identifies projects, outlines a schedule, and designates realistic funding sources for all county capital projects based on a review of population and revenue conditions existing at that time." 20. Based upon population projections for the six -year planning period, a revised capital improvement program has been proposed that projects future needs for County owned or operated facilities such as parks, buildings, and correction facilities and presents improvement projects. Public Interest 21. The goal of the Six -Year CIP for Whatcom County Facilities is to plan for County owned or operated parks, government buildings, correction facilities, and transportation improvements that will be adequate to serve the people of Whatcom County. The proposed CIP plans for public facilities over the six -year period from 2011 to 2016 based upon projected population growth. Therefore, the proposal should complement the County's growth and development plans. 22. The Six -Year CIP for Whatcom County Facilities will have a positive impact on the County's ability to provide public facilities by evaluating the need and planning ahead for such facilities. Adverse impacts to other service providers have not been identified. Spot Zoning. 23. The subject proposal does not involve rezoning property. Government Office Space 24. A level of service standard for government office space serving unincorporated areas is set forth in the Whatcom County Comprehensive Plan. This level of service standard will not be met over the six -year planning period. The reason is that the Consolidated Services Building will be delayed beyond the six -year window because of declining governmental revenue. . M 25. The "Growth Management Act — Procedural Criteria for Adopting Comprehensive Plans and Development Regulations" state that counties are not required to set level of service standards for facilities that are not necessary for development. It also indicates that administrative offices are not related to growth (Washington Administrative Code, section 365-196-415(2)(b)). 26. The State Department of Commerce confirmed, in an e-mail of August 2, 2010, that ". .. there is no GMA requirement to include a level of service for government office space in the county comprehensive plan..." ' 27. Based upon the current decline in governmental revenues, Whatcom County will not be able to meet the level of service standard for government office space serving unincorporated areas. However, the Growth Management Act does not require Whatcom County to have a level of service standards for government office space. Therefore, the level of service standards for office space in Chapter 4 of the Whatcom County Comprehensive Plan should be eliminated. CONCLUSIONS The proposed amendments satisfy the approval criteria of WCC 2.160.080. 2. The proposed amendments conform to applicable requirements of the Growth Management Act and are consistent with county -wide planning policies. Changed conditions indicate a need for the proposed amendments. These changed conditions include updated inventories of County facilities, new population projections and declining governmental revenue. 4. The proposed amendments serve the public interest by guiding investment of County resources to provide facilities necessary to serve the people of Whatcom County. The proposed amendments do not facilitate spot zoning. t� 405 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Chapter 4 of the Whatcom County Comprehensive Plan is hereby amended as shown on Exhibit 1. Section 2. The Six -Year Capital Improvement Program for Whatcom County Facilities 2011- 2016 (Appendix F of the Whatcom County Comprehensive Plan) is hereby adopted as shown on Exhibit 2. Section 3. The Whatcom County Six -Year Capital Improvement Program 2009-2014 is hereby repealed as shown on Exhibit 3. Section 4. 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 any 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, Council Clerk Sam Crawford, Chairperson APPROVED as to form: /j Civif56ep y o ut ( ) Approved ( ) Denied Pete Kremen, Executive Date: o Planning Commission Version 912312010 Chapter 4 - Capital Facilities Exhibit 1 Amend the Capital Facilities chapter of the Whatcom County Comprehensive Plan (Chapter 4) as follows: Policy 4G-4: Adopt the following levels of service for administrative facilities: effiGe_ aGe ( IRORGGmn rated) ...................... 0.51 on fF per Gapita maintenance & operations (unincorporated) ....................0.41 sq. ft. per capita sheriffs office (unincorporated)........................................0.26 sq. ft. per capita 9ffiGe spaEe (GGunty-wide) n 6`.2 sq f4 per Gapita ................................................ . sheriff emergency ops (county-wide).........................0.011 sq. ft. per capita 407 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 Exhibit 2 SIX -YEAR CAPITAL IMPROVEMENT PROGRAM FOR WHATCOM COUNTY FACILITIES 2011-2016 Whatcom County Comprehensive Plan F-1 M. November. 2010 Version Appendix F - Six -Year C/P 2011-2016 TABLE OF CONTENTS Chapter 1 - Introduction........................................................................ 3 Chapter 2 - Parks, Trails, and Activity Centers ................................... 5 Chapter 3 Maintenance & Operations...............................................13 Chapter 4 - Government Office Space.................................................14 Chapter 5 Sheriff's Office...................................................................15 Chapter 6 - Emergency Management/EOC..........................................16 Chapter7 Jails.....................................................................................17 Chapter 8 - Juvenile Detention.............................................................19 Chapter 9 — Transportation...................................................................20 Chapter 10 — Stormwater and Flood Protection Facilities .................22 Chapter 11 — Improvements to Existing Buildings .............................26 Chapter 12 — Costs by Project Category .............................................27 Whatcom County Comprehensive Plan F-2 me November. 2010 Version Appendix F - Six -Year CIP 2011-2016 Chapter 1 - INTRODUCTION The Growth Management Act requires that the County's Comprehensive Plan include a "capital facilities plan element" (RCW 36.70A.070(3)). The Whatcom County Comprehensive Plan calls for the County to develop and update the Six -Year Capital Improvement Program for County projects. The main purpose of this Capital Improvement Program is to plan County facilities to serve the people of Whatcom County over the next six years. Growth Management Act Requirements According to the Growth Management Act, a county's capital facilities plan must include five items, which are shown below. A. An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities. Current inventories of existing County capital facilities, based upon information provided by various County departments, are included in each chapter of this document. B. A forecast of the future needs for such capital facilities. Chapters 4 and 6 of the Whatcom County Comprehensive Plan establish "levels of service" standards for County parks, administrative facilities (i.e. Sheriffs office space), correction facilities, and transportation. Level of service standards are expressed in acres of parkland needed for every 1,000 people in the County, square feet of Sheriffs office space needed to serve each person in the County, etc. Forecasts of future needs for capital facilities over the six -year planning period are determined by applying the adopted level of service for a given facility to the expected population in the year 2016. For example, the adopted level of service for developed parkland is 9.6 acres for every 1,000 people living in Whatcom County. The County is expected to grow to about 210,685 people by the year 2016. Therefore, a total of 2,023 acres of parkland would be needed by the year 2016 to maintain the adopted level of service. Since the County already has 1,941 acres of parkland, about 82.additional acres would be needed six years from now (in 2016) to meet the needs of the growing population. C. Proposed locations and capacities of expanded or new capital facilities. General locations and capacities (acres of parkland, jail beds, etc.) of proposed new County facilities are indicated in this document. D. At least a six -year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes. This Six -Year Capital Improvement Program presents costs and funding sources for proposed County capital facilities (all figures are in 2010 dollars). The Whatcom County 20-year Capital Facilities Plan (Appendix E of the Whatcom County Comprehensive Plan) contains a capital facilities revenue analysis. There are a variety of funding sources that the County utilizes to pay for capital facilities. One potential source is the County's General Fund. The Finance Manager for Whatcom County indicated that, over the six -year planning period, there would be little revenue in the County's General Fund to finance capital facilities. However, the capital facilities proposed in this Six -Year Capital Improvement Program are within Whatcom County Comprehensive Plan F-3 410 November. 2010 Version Appendix F - Six -Year UP 2011-2016 the County's funding capacity. Specifically, Whatcom County's unused limited tax general obligation bond long-term debt capacity at the end of 2009 was $361,043,661, which far exceeds the expenditures proposed by this Six -Year Capital Improvement Program. Therefore, it would be possible to issue bonds to pay for capital facilities if revenue is increased, expenses decreased, or programs reprioritized to make debt service payments. Revenue and expenditure projections for roads and related non -motorized facilities are set forth in the six - year transportation improvement program. E. A requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. Finally, in accordance with the Growth Management Act, a requirement to reassess the land use element of the Comprehensive Plan if probable funding falls short of meeting existing needs and to ensure consistency between plans already exists in the Comprehensive Plan (Policy 4A-4). County Charter Provisions In addition to Growth Management Act provisions relating to capital facilities, Section 6.30 of the County Charter also requires the County Executive's Office to include a six -year capital improvement program as part of the budget. Contracting for Services Whatcom County may contract with other entities, such as the Council of Governments and the Northwest Regional Council, for vital community services. These contracts represent County participation in providing essential services, alongside other partners, without the need to construct County owned capital facilities, which can be very costly. Whatcom County Comprehensive Plan F-4 411 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 Chapter 2 — PARKS, TRAILS, AND ACTIVTY CENTERS I:71-1NM. Existing Park Facilities The 2010 inventory of County parks shows a total of 1,941 acres of parks at various locations throughout the County. This inventory is shown below, but does not include undeveloped land owned by the Parks Department that is not readily usable by the general public. EXISTING PARKS 1 Bay Horizon Park, 7499 Alderson Rd. 68.19 2 Deming Eagle Homestead Park, Truck Rd. 33.00 3 Hovander Homestead Park and Tennant Lake, 5299 Nielsen Rd. 333.42 4 Interurban Trail/Teddy Bear Cove Parkway, Chuckanut Dr. 11.19 5 Jackson Rd. Beach Access, Birch Bay 0.15 6 Jensen Family Forest Park, Stein Rd. and Birch Bay Lynden Rd. 21.48 7 Josh VanderYacht Park, 4106 Valley Highway 1.99 8 Lake Whatcom Park, North Shore Rd. 218.00 9 Lighthouse Marine Park, 811 Marine Dr. in Point Roberts 20.49 10 Lily Point Marine Park Reserve, East end of APA Rd. in Point Roberts 130.20 11 Lummi Island Overlook, Nugent Rd. 0.16 12 Maple Beach Park, Boundary Bay Rd. in Point Roberts 0.50 13 Monument Park, Marine Dr. and Roosevelt in Point Roberts 6.94 14 Northwest Soccer Park/Baseball & Softball Complex, Smith Rd. and Northwest Dr. 35.00 15 Nugent's Corner Access, 3671 Mt. Baker Highway 14.00 16 Point Whitehorn Marine Reserve, Koehn Rd. 54.10 17 Samish Park, 673 N. Lake Samish Dr. 30.61 18 Semiahmoo Park, 9261 Semiahmoo Parkway 17.92 19 Silver Lake Park, 9187 Silver Lake Rd. 412.05 20 Squires Lake Park, 135 Old Highway 99 North Rd. 84.15 21 Stimpson Family Nature Reserve, Lake Louise Rd. 371.27 22 Sunset Beach, West Shore Dr. on Lummi Island 2.25 23 Sunset Farm, 7989 Blaine Rd. 69.50 24 Ted Edwards Park, Oriental Ave. 3.85 25 Welcome Bridge Access, Mosquito Lake Rd. 0.60 TOTAL 1,941.01 Future Park Needs A level of service of 9.6 acres of developed parkland for every 1,000 people in the County was adopted in the Whatcom County Comprehensive Plan. With projected population growth in Whatcom County over the next six years, an additional 82 acres of developed/usable parkland would be needed by the year 2016 to meet the adopted level of service. Whatcom County Comprehensive Plan F-5 412 November. 2010 Version Appendix F - Six -Year C/P 2011-2016 Proposed Park Improvement Projects Seven park improvement projects are proposed to provide additional park space by the year 2016. These projects would add 853 acres of parkland in Whatcom County, as shown below. Additionally, improvement projects are proposed on existing parkland. These projects will add recreational facilities at these parks, but will not add acreage to the inventory. Examples include picnic areas, restrooms, and parking. Financing for Park Improvement Projects The total cost of the seven proposed park improvement projects is approximately $3.3 million over the six - year planning period. These costs would be paid for through grants, Real Estate Excise Tax (REET), the park improvement fund, Conservation Futures, and flood funds as shown below. PARK IMPROVEMENT PROJECTS, 2011-2016 26. Cherry Point / 35 0 0 0 188,000 188,000 188,000 564,000 1 Point Whitehorn Industrial Area Access 27. Dittrich Park 24 0 0 250,000 250,000 250,000 250,000 1,000,000 1 and 2 Lake Samish 28. Lake Whatcom 83 0 0 130,000 130,000 130,000 130,000 520,000 1 and 2 County Park South Unit 29. Maple Falls Park 73 0 90,000 90,000 0 0 0 180,000 1 and 2 30. Riverplace Park 50 500,000 0 0 0 0 0 500,000 1, 2, 4 and 5 Ferndale 31. South Fork 582 0 0 197,500 197,500 0 0 395,000 1,2 and 3 Regional Park, Mosquito Lake Rd. 32. Sunnyside 6 0 0 0 50,000 50,000 0 100,000 1 and 2 Landing Park, North Shore Rd. Total 853 500,000 90,000 667,500 815,500 618,000 568,000 3,259,000 Funding Source Key 1. Grants 2. REET II 3. Park Improvement Fund 4. Conservation Futures 5. Flood fund Whatcom County Comprehensive Plan F-6 413 November, 2010 Version Appendix F - Six -Year CIP 2011-2016 TRAILS Existing Trails Whatcom County currently has 60.38 miles of trails in various locations throughout the County. This inventory is shown below. EXISTING TRAILS 1 Bay Crest, Sunset Dr. and Woodbridge Dr., Birch Bay 0.21 2 Bay Horizon, 7499 Alderson Rd. 0.25 3 Bay to Baker Maple Falls -Glacier 4.00 4 Canyon Lake, off Canyon Lake Rd. 4.50 5 Chuckanut Ridge 0.36 6 Deming Homestead Eagle Park, Truck Rd. 0.30 7 Hemlock, Chuckanut area 3.53 8 Hovander Marrietta Coast Millennium Trail 4.90 9 Huckleberry, Chuckanut area 0.43 10 Interurban, Chuckanut area 2.80 11 Jensen, Stein Rd. and Birch Bay Lynden Rd. 0.61 12 Lake Samish, 673 N. Lake Samish Dr. 1.30 13 Lake Whatcom Park 4.02 14 Lily Point, Point Roberts 4.17 15 Lost Lake, Chuckanut area 3.07 16 Lower Salal, Chuckanut area 1.30 17 Madrona, Chuckanut area 0.78 18 Maple Creek, off Silver Lake Rd. in Maple Falls 1.50 19 Monument Park, Marine Dr. and Roosevelt in Point Roberts 0.18 20 Olsen Property Trail, Lake Whatcom Watershed 4.00 21 Ostrom Property, 4304 South Pass Rd. 0.66 22 Pine and Cedar Lakes, Chuckanut area 3.62 23 Point Whitehorn, Birch Bay area 0.75 24 Raptor Ridge, Chuckanut area 0.40 25 Salal, Chuckanut area 1.18 26 Semiahmoo East Paved 0.63 27 Semiahmoo West Footpath 0.45 28 Silver Lake Park, 9187 Silver Lake Rd. 3.10 29 Soccer Trail, Smith Rd. and Northwest Dr. 0.30 30 Squires Lake, 135 Old Highway 99 North Rd. 2.14 31 Stimson Reserve, Lake Louise Rd. 4.04 32 Sunset, 7989 Blaine Rd. 0.57 33 Teddy Bear Cove, Chuckanut area 0.33 TOTAL 60.38 Whatcom County Comprehensive Plan F-7 414 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 Future Trail Needs A level of service of 0.60 miles of trails for every 1,000 people in the County was adopted in the Whatcom County Comprehensive Plan. With projected population growth in Whatcom County over the next six years, an additional 66 miles of trails would be needed by the year 2016 to serve the people of Whatcom County. Trail Improvement Projects Five improvement projects are proposed to provide additional trails to meet the anticipated need by the year 2016. These projects would add 66 miles of trails in Whatcom County, as shown below. Financing for Trail Improvement Projects The total cost of the five proposed trail improvement projects is approximately $ 7.3 million over the six -year planning period. These costs would be paid for through grants, REET, Conservation Futures, donations, and, potentially, a levy. This is an ambitious plan and funding needed to provide this level of service will, realistically, have to compete with higher priority functions of County government. TRAIL IMPROVEMENT PROJECTS, 2011-2016 33. Bay to Baker 8 0 0 1,000,000 1,000,000 1,000,000 1,000,000 4,000,000 1,3 and 4 Trail 34. Chuckanut 2.7 26,000 25,000 25,000 0 0 0 76,000 1, 3 and 4 Mountain Trails 35. Hertz North 1 0 1,500,000 65,000 0 0 0 1,565,000 1, 2 and 5 Lake Whatcom Trail Extension 36. South Fork 4.3 0 250,000 250,000 275,000 0 0 775,000 1, 2 and 5 Regional Park Trail 37. Lake Whatcom 50 0 0 225,000 225,000 225,000 225,000 900,000 1, 2 and 5 Trails - Reconveyance Lands Total 66 26,000 1,775,000 1,565,000 1,500,000 1,225,000 1,225,000 7,316,000 Funding Source Key 1. Grants 2. REET II 3. Conservation Futures 4. Levy 5. Donations Notes: Lake Whatcom Trails are predicated on pending Department of Natural Resources re -conveyance transaction within the Lake Whatcom watershed. For the Bay to Baker Trail and Lake Whatcom Trails, trail alignments and lengths are pending land acquisition, property easement negotiation and final trail design. Whatcom County Comprehensive Plan F-8 415 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 ACTIVITY CENTERS Existing Activity Centers There are currently 12 activity centers that provide a variety of year-round programs for various age groups. The activity center inventory is shown below. EXISTING ACTIVITY CENTERS 1 Bay Horizon, 7499 Alderson Rd. 2 Bellingham Senior Activity Center, 315 Halleck St. 3 Blaine Community/Senior Center, 763 G Street 4 Everson Senior Center, 111 W. Main 5 Ferndale Senior Center, 1998 Cherry Street 6 Lynden Community Center, 401 Grover Street 7 Plantation Rifle Range, 5102 Samish Way 8 Point Roberts Community Center, 1487 Gulf Road 9 Roeder Home, 2600 Sunset Dr. 10 Sumas Community Center, 461 2nd Street 11 Van Zandt Community Hall, 4106 Valley Highway 12 Welcome Valley Senior Center, 5103 Mosquito Lake Rd. Future Activity Center Needs A level of service standard of five activity centers for every 100,000 people in the County was adopted in the Whatcom County Comprehensive Plan. With projected population growth in Whatcom County over the next six years, no additional centers would be needed by the year 2016 to meet the adopted level of service. Proposed Activity Center Improvement Projects One activity center improvement project, the East Whatcom Regional Resource Center located in the Columbia Valley Urban Growth Area, is proposed within the six -year planning period. Financing for Activity Center Improvement Projects The total cost of the proposed activity center improvement project is approximately $ 3,250,000 over the six - year planning period. These costs would be paid for through grants, Economic Development Investment (EDI) funds, legislative appropriation and a bond, as shown below. Whatcom County Comprehensive Plan F-9 416 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 ACTIVITY CENTER IMPROVEMENT PROJECTS, 2011-2016 13. East Whatcom 2,550,000 700,000 0 0 0 0 3,250,000 1,2,3 and 4 Regional Resource Center - Kendall Rd. Funding Source Key 1. Grants 2. EDI funds 3. Legislative appropriation 4. Bond Whatcom County Comprehensive Plan F-10 417 November, 2010 Version Appendix F - Six -Year CIP 2011-2016 REET Eligible Projects Pursuant to RCW 82.46.010, RCW 82.46.035 and WCC 3.20, the following park, trail, and recreational facility improvements have been identified as projects that will be funded or partially funded with the Real Estate Excise Tax (REET I or REET II). These are in addition to the projects identified above that will utilize REET funds. • Birch Bay Beach Access Develop restrooms, parking and access Landscape improvements for beach access Hovander Park — Tennant Lake Replace playground and expand day use area Improve accessibility, pens and features Improve park access and accessibility Construct new restroom building(s) Evaluate & rectify sinking building foundation Replace roofs and repaint cupola, add fall protection Reconstruct / replace boardwalk Construct and improve 1.5 mile multiuse trail from boat launch to setback levee along river Expand garden area and landscaping Surface / construct parking lots and access roads Construct group camp area and sites Construct special event group picnic area Construct bike / pedestrian facility over Nooksack River to connect with Pioneer Park Improve road access into park Construct new maintenance building Construct metal shop and equipment storage building Remodel interior of interpretive center Remove machine shed and preserve area for public use • Interurban Trail Surfacing Lake Whatcom Parks and Trails Construct two vehicle accessible bridges at Hertz Trail Surfacing and drainage improvements Construct day use areas Construct public restrooms Construct / replace docks Develop trailheads Lighthouse Marine Park Resurface boat launch and main parking lots Replace playground Surface, widen and connect 0.5 mile walkway for accessibility Replace launch dock and improve accessibility Replace boardwalk and buildings Construct observation deck • Lily Point Restrooms, parking and trails Whatcom County Comprehensive Plan F-11 HE November, 2010 Version Appendix F - Six -Year CIP 2011-2016 • Nooksack River Trail Develop multi -use trail • Northwest Annex Trail Surface 1.0 mile trail • Plantation Rifle Range Renovate impact berm, add retaining wall and re -grade Resurface parking area Resurface access road Replace HVAC • Roeder Home Repair foundation and interior walls Upgrade electrical service and wiring Paint all exterior • Samish Park Rebuild stairs / guardrail at fishing platform Misc. accessibility / picnic improvements - precast paver access path, re -grading and gravel resurfacing Replace playground Re -grade and resurface existing parking area and install plastic stall stripping Survey existing conditions, perform engineering analysis and bank stabilization and optimize parking configuration Repair rotted wall and pitch roof Replace fishing and boat docks • Semiahmoo Park Electrical, plumbing & fixture improvements Install signs Silver Lake Park Replace park playground Replacement of 300' of boardwalk Renovate cabins, indoor plumbing, flooring and insulation Construct new shower and restroom building in campground Replace restroom in equestrian campground Install new electrical service, pads, road surfacing, water and walkways. Install services and surface road Relocate road to west to accommodate cabin septic tanks, etc. Replace garage at residence Replace windows, electrical service, insulate, and siding Install playgrounds in 2 campgrounds Repair rot, etc. in lodges Horse camp shelter re -roofing • Sunset Farm Trail Improve 0.5 mile trail and connect to community trail system • Coast Millennium Trail Trail construction Whatcom County Comprehensive Plan F-12 419 November, 2010 Version Appendix F - Six -Year CIP 2011-2016 Chapter 3 - MAINTENANCE AND OPERATIONS Existing Maintenance and Operations Space The 2010 inventory of maintenance & operations/facilities management space that serves the County is 44,411 square feet. This inventory is shown below. EXISTING SPACE Central Shop, 901 W. Smith Rd. (Maintenance and Operations) 35,773 316 Lottie St. (Facilities Management) 4,978 Minimum Security Correction Facility - 2030 Division St. 3,660 (Facilities Management Storage) TOTAL 44,411 Future Maintenance and Operations Space Needs A level of service of 0.41 square feet for each person who resides in unincorporated Whatcom County was adopted in the Whatcom County Comprehensive Plan. With projected population growth in unincorporated areas of Whatcom County over the next six years, no additional space would be needed by the year 2016 to meet the adopted level of service. Proposed Maintenance and Operations Improvement Projects No improvement projects that would add usable space are proposed within the six -year planning period. Only maintenance projects may be undertaken. Financing Maintenance and Operations Improvement Projects Not applicable. Whatcom County Comprehensive Plan F-13 420 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 Chapter 4 - GOVERNMENT OFFICE SPACE Existing Office Space The 2010 inventory of County government office space is 178,196 square feet at nine locations. This inventory is shown below. 1 Civic Center Annex (322 North Commercial) 17,706 2 Central Plaza Building (215 N. Commercial) 10,307 4 County Courthouse (311 Grand Avenue) 94,678 5 Forest St. Annex (1000 North Forest St.) 6,487 6 509 Girard St. 13,189 7 3373 Mt. Baker Highway 2,110 8 1500 N. State St. 12,281 9 Northwest Annex (5280 and 5256 Northwest Dr.) 21,438 Total 178,196 Future Office Needs With projected population growth over the next six years, no additional office space would be needed by the year 2016. Proposed New Office Building Projects No new buildings are proposed within the six -year planning period. Only improvement and maintenance projects in existing buildings are proposed (see chapter 11). Financing for New Office Building Projects Not applicable. Whatcom County Comprehensive Plan F-14 421 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 Chapter 5 - SHERIFF'S OFFICE Existing Sheriff's Office Space The 2010 inventory of Sheriff office space is 23,503 square feet serving the unincorporated population. This inventory is shown below. EXISTING SHERIFF'S FACII-ITIES 1 Public Safety Building (311 Grand Ave) 15,102 2 Minimum Security Correction Facility (2030 Division St.) 6,000 3 Inspector's Office, Civic Center Building (322 N. Commercial) 500 4 Laurel Fire Hall (6028 Guide Meridian) 1,500 5 Kendall Satellite Office 121 6 Birch Bay Fire Hall 192 7 Nugent's Corner Fire Hall 88 Total 23,503 Notes: 1. The Sheriffs Office also has storage facilities at various locations in Whatcom County. 2. The County has two mobile homes and an old detention facility in Point Roberts. The resident deputies operate out of their homes or utilize space at the U.S. Customs office at the border. Future Sheriff's Office Needs A level of service of 0.26 square feet of Sheriffs Office space per capita was adopted in the Comprehensive Plan. With projected population growth in unincorporated Whatcom County over the next six years, no additional Sheriff's Office space would be needed by the year 2016 to meet the adopted level of service. Proposed Sheriff's Office Improvement Projects No improvement projects that would add usable space are proposed within the six -year planning period. However, maintenance projects may be undertaken. Financing for Sheriff's Office Improvement Projects Not applicable. Whatcom County Comprehensive Plan F-15 422 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 Chapter 6 - EMERGENCY MANAGEMENT/EMERGENCY OPERATIONS CENTER EOC Existing Emergency Management/EOC Space The Whatcom County Sheriff's Office Division of Emergency Management/Emergency Operations Center (EOC), which serves the entire population of Whatcom County, presently occupies the Olympic Coordination Center as shown below. EXISTING EMERGENCY MANAGEMENT/EOC FACILITIES 1 Olympic Coordination Center (3888 Sound Way) 2,250 TOTAL 2,250 Note: During an emergency while functioning as an EOC, there is access to additional space in the facility (approximately 7,000 square feet). Future Emergency Management/EOC Needs The Division of Emergency Management moved into the Olympic Coordination Center in 2009. This facility serves two purposes: as daily office space for Emergency Management and, during an actual emergency, as an EOC. During an emergency, the EOC may have to accommodate several hundred people in a single day. These people include a combination of elected officials, trained personnel and volunteers, who serve in a variety of capacities during the emergency. A level of service of 0.011 square feet of emergency operations space per capita was adopted in the Comprehensive Plan. With projected population growth an additional 68 square feet, over and above the existing 2,250 square feet of office space, would be needed by the year 2016 to meet the adopted level of service. However, during an emergency while functioning as an EOC, there is access to additional space in the facility (approximately 7,000 square feet). Proposed Emergency Management/EOC Projects No improvement projects that would add usable space are proposed within the six -year planning period. Financing for Emergency Management/EOC Improvement Projects Not applicable. Whatcom County Comprehensive Plan F-16 423 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 CHAPTER 7 - JAILS Existing Jail Facilities The existing County jail was designed for 148 beds, although it currently has 283 beds due to double bunking, internal remodeling and use of temporary beds. In 2009, the average daily population for the main jail was 287. Additionally, the jail is currently not in compliance with the Building Code for double bunking, although a plan has been approved to bring it into compliance. Whatcom County completed construction of a 150 bed minimum security correction facility on Division St. in 2006. In 2009, the average daily population for the minimum security facility was 144. The jail is located in the Public Safety Building next to the County Courthouse in downtown Bellingham and minimum security correction facility is located in the Bakerview Rd. industrial area. EXISTING JAIL BEDS 1 Public Safety Building (311 Grand Ave.) 283 2 Minimum Security Correction Facility (2030 Division St.) 150 TOTAL 433 Future Jail Needs A level of service of 1.42 beds for every 1,000 people in the County was adopted in the Whatcom County Comprehensive Plan. With projected population growth in Whatcom County over the next six years, no additional beds would be needed by the year 2016 to comply with the adopted level of service. Proposed Jail Improvement Projects While the jail facilities are meeting the current adopted level of service, there are concerns among law and justice officials relating to the actual need in the community. This need has been documented by recommendations from the Whatcom County Law and Justice Plan Phase 11 Report (June 2000) and in a report entitled Operational Review of the Whatcom County, Washington Jail (March 2004). In an effort to meet the community need, the County will be the siting and constructing a new law and justice center, tentatively scheduled to open with 600 beds. At the time the new law and justice center is open, the offenders at the minimum -security corrections facility would be relocated to the new center. A location for the law and justice center has not been selected, but two candidate sites in the northwestern portion of the Bellingham urban growth area are currently being evaluated. It is anticipated that the new jail facility will come on line by 2015. Financing for Jail Improvement Projects The cost of the proposed new jail at the Law and Justice Center is approximately $41,000,000 within the six - year planning period. These costs would be paid for through the general fund, REET I, public utilities improvement fund, jail fund and bonds. Whatcom County Comprehensive Plan F-17 424 November, 2010 Version Appendix F - Six -Year CIP 2011-2016 JAIL IMPROVEMENT PROJECTS TO SERVE COUNTY -WIDE, 2011-2016 3. New Jail at the 600 4,000,000 2,000,000 8,000,000 10,000,000 17,000,000 0 41,000,000 1,2, 3, 4 and 5 Law and Justice Center Campus Note: Additional projections and analysis indicate there may be a need for more than 600 beds, but these are still under review. Funding Source Key 1. General Fund 2. REET 1 3. Public Utilities Improvement Fund 4. Jail Fund 5. Bonds Whatcom County Comprehensive Plan F-18 425 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 Chapter 8 - JUVENILE DETENTION Existing Juvenile Detention Facilities The 2010 inventory of County juvenile detention facilities includes 32 beds serving the county -wide population. The juvenile detention facility is located on the sixth floor of the County Courthouse at 311 Grand Avenue. EXISTING JUVENILE DETENTION BEDS �`•�'1 ' �ai.;�t] �j i�arn �� j ;��` ��.�.. � k �'`� � a� � ,� r ��� ;'� � w,'t, . a� �3i 1 County Courthouse (311 Grand Ave.) 32 Future Juvenile Detention Needs A level of service of 0.125 beds per 1,000 population was adopted in the Whatcom County Comprehensive Plan. With projected population growth in Whatcom County over the next six years, no additional beds would be needed by the year 2016 to meet the adopted level of service. Proposed Juvenile Detention Projects No improvement projects are currently proposed that would increase the number of permanent beds within the six -year planning period. Financing for Juvenile Detention Improvement Projects Not applicable. Whatcom County Comprehensive Plan F-19 426 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 Chapter 9 - TRANSPORTATION :%7_XIR Existing Roads The 2009 inventory shows a total of 943 miles of County roads. Additionally, there are 212 miles of state highways in Whatcom County (including 1-5). Therefore, there is a total of approximately 1,155 miles of public roads in Whatcom County. Future Road Needs The Whatcom County Comprehensive Plan sets level of service (LOS) standards for County roads. Future traffic and the level of service for roads can be forecasted using computer -modeling software. The Whatcom Council of Governments and the City of Bellingham both forecast future traffic utilizing computer transportation models. These modeling efforts provide information that will facilitate transportation planning in Whatcom County. Whatcom County accomplishes planning for County road improvements by approving a Six -Year Transportation Improvement Program each year, as required by RCW 36.81.121. Proposed Improvement Projects The Whatcom County Council approved the Six -Year Transportation Improvement Program for the years 2011 through 2016 under Resolution No. 2010-026. This six -year plan includes one proposed new road project and several reconstruction projects. The proposed new road project is: • Lincoln Road extension (Harborview Road to Blaine Road) While this project is on the Six -Year Transportation Improvement Program, construction is not anticipated within the six -year planning period. Rather, preliminary engineering to determine project feasibility may be initiated within this time frame. Another project in this six -year plan is the Birch Bay Drive Pedestrian Facility, which includes pedestrian and non -motorized enhancements along Birch Bay Dr. from Alderson Rd. to Harborview Rd. In addition to the projects in the Six -Year Transportation Program, the Lincoln Road/Birch Point connector is proceeding as a developer funded project, although the project completion date is unknown because of current economic conditions. Financing for Improvement Projects The total cost of the County transportation projects, including reconstruction projects and the ferry improvements, in the Six -Year Transportation Improvement Program is $19,782,000. These costs include $12,966,000 of County funds, with the remainder being funded by the State and Federal governments. A specific breakdown of these costs and revenue projections for road construction are shown in Resolution No. 2010-026. Information on facilities that may partially be funded through impact fees is provided in Appendix G of the Whatcom County Comprehensive Plan. Whatcom County Comprehensive Plan F-20 427 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 LUMMI FERRY Existing Ferry Facilities Whatcom County currently has one ferry vessel serving Lummi Island. The ferry runs between Lummi Island and Gooseberry Point on a daily basis. Future Ferry Needs The Whatcom County Comprehensive Plan sets a level of service of 513 ferry passenger trips annually per capita of Lummi Island population. Based upon projected population, the Lummi ferry will not meet the adopted level of service over the six -year planning period. In 2008, the County Council decided not to purchase a larger ferry. Therefore, it is appropriate to consider revising the LOS standard during the next comprehensive plan update. Proposed Ferry Improvement Projects No improvement projects that would add ferry capacity are proposed within the six -year planning period. Financing for Ferry Improvement Projects No improvement projects that would add ferry capacity are proposed within the six -year planning period. Other ferry improvement costs are shown on the Six -Year Transportation Improvement Program. Whatcom County Comprehensive Plan F-21 - November. 2010 Version Appendix F - Six -Year CIP 2011-2016 Chapter 10 Stormwater and Flood Protection Facilities Stormwater Manaaement Facilities Public Works Department is responsible for the design, engineering, and construction of county -owned stormwater facilities. Many stormwater facilities are road -related stormwater conveyance systems, such as culverts and ditches, on and adjacent to county roads. Others are off right-of-way facilities that control storm flows and improve water quality. In response to (1) increasing federal and state mandates to manage stormwater and (2) the public's desire to improve stewardship of sensitive watersheds, Whatcom County established in 2005 a Stormwater Section in the Surface Water Division of the Public Works Department. The Stormwater Section is responsible for planning, designing, engineering, and construction of stormwater facilities. Inventories of existing stormwater facilities are maintained by the Public Works Department. Engineering Services Division maintains an inventory of all road -related facilities. The Surface Water Division maintains an inventory of public and private stormwater facilities in the area covered by the county's NPDES Phase II permit for Municipal Separate Storm Sewer Systems. This inventory includes ditches, culverts catch basins, vaults, ponds and swales. An increasing emphasis on the protection of sensitive watersheds has resulted in the adoption of comprehensive stormwater plans for Lake Whatcom and Birch Bay. A similar plan is currently being developed by the Lake Samish community. The adopted plans identify work towards planning, design, engineering, and construction of capital projects intended for the next six years. Flood Protection Facilities Related to management of stormwater is the protection of county -owned infrastructure and communities from storm -related events like river flooding, lowland flooding, landslides, and coastal storms. Improvements in this category must be consistent with the Flood Control Zone District's Comprehensive Flood Hazard Management Plan. Financing for Stormwater and Flood Protection Projects Capital facilities that may be constructed during the next six years are listed below. Projects are expected to be financed by a combination of Real Estate Excise Taxes (REET), grants, countywide Flood Control Zone District tax revenues, local Flood Control Subzone fees and, potentially, the county general fund. Whatcom County Comprehensive Plan F-22 429 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 Lake Whatcom Stormwater Projects �s 1. Silver Beach Creek, 750,000 0 0 0 0 0 750,000 1 and 2 Stream stablization (Brownsville to 16th) 2. Silver Beach Creek, 200,000 0 0 0 0 0 200,000 1 and 2 Main channel velocity reductions 3. Hillsdale sub -basin, 0 0 0 0 200,000 210,000 410,000 1, 2 and 3 drainage retrofits 4. Velocity reductions, 0 0 200,000 0 0 0 200,000 1, 2 and 4 Toad Lake at Academy Rd. 5. Velocity and volume 0 0 75,000 215,000 0 0 290,000 2 and 4 reductions, Coronado 6. Natural drainage retrofits, 0 0 37,500 112,500 0 0 150,000 2 and 4 Strawberry sub -basin 7. Natural drainage retrofits, 0 0 0 57,500 172,500 0 230,000 2 and 4 Geneva sub -basin 8. Velocity and volume 0 0 0 35,000 105,000 0 140,000 2 and 4 reductions, Agate Bay Lane 9. Water quality 0 0 0 0 0 50,000 50,000 2 and 4 protection, Agate Heights 10. Stream restoration, 0 0 0 0 0 50,000 50,000 2 and 4 Beaver Creek 11. Lake Whatcom Blvd. 0 0 150,000 600,000 0 0 750,000 1, 2 and 4 stormwater improvements Total 950,000 0 462,500 1,020,000 477,500 310,000 3,220,000 Funding Source Key 1. REET II 2. Grants 3. Flood Control Zone District taxes 4. Local Flood Control Subzone District Fees Whatcom County Comprehensive Plan F-23 430 November, 2010 Version Appendix F - Six -Year CIP 2011-2016 Birch Bay Stormwater Projects 1. Charel Terrace, 225,000 0 0 0 0 0 225,000 1, 2 and 4 Drainage System upgrade and water quality treatment facility 2. Hogan Drive, 10,000 0 0 0 0 0 10,000 1, 2 and 4 Road culvert outlet armoring and dissipator 3.Cottonwood By-pass, 0 300,000 0 0 0 0 300,000 1, 2 and 4 Re-route to new outlet and installation of water quality treatment facilities 4. Shintaffer Road/Deer Creek, 0 0 250,000 0 0 0 250,000 1, 2 and 4 Partial re-route to new upgraded outlet water quality treatment facilities 5. Roger's Slough, 0 0 0 500,000 0 0 500,000 1, 2 and 4 System upgrades to reduce flooding and provide water quality treatment facilities 6. Point Whitehorn, 0 0 0 0 200,000 0 200,000 1, 2 and 4 Drainage upgrade and water quality facility installation 7. Central Birch Bay 0 0 0 0 750,000 0 750,000 1, 2 and 4 Establish one or more drainage routes from upland to bay, install or upgrade conveyance system and develop water quality treatment facilities 8. Birch Bay Dr., Stormwater 0 0 0 50,000 150,000 0 200,000 1,2,3 and 4 Upgrades to beach outfalls Total 235,000 300,000 250,000 550,000 1,100,000 0 2,435,000 Funding Source Key 1. REET II 2. Grants 3. Flood Control Zone District taxes 4. Local Flood Control Subzone District Fees Whatcom County Comprehensive Plan F-24 431 November. 2010 Version Appendix F - Six -Year CIP 2011-2016 Lake Samish Stormwater Projects 1. Lake Samish 30,000 0 0 0 0 0 30,000 1 Stormwater Plan Total 30,000 0 0 0 0 0 30,000 Funding Source Key 1. REET II 2. Grants 3. Flood Control Zone District taxes 4. Local Flood Control Subzone District Fees 1. Deming School and Tribal Facilities Flood Protection 2. Turkington Road Bridge / Acme Community Landslide Protection 3. Swift Creek and Sumas River Bridges Sediment Management Flood Protection Projects 200,000 1,000,000 0 0 0 0 1,200,000 1 and 2 200,000 500,000 0 0 0 0 700,000 1 and 2 85,000 0 0 0 0 0 85,000 Total 485,000 1,500,000 0 0 0 0 1,985,000 Funding Source Key 1. REET II 2. Grants 3. Flood Control Zone District taxes 4. Local Flood Control Subzone District Fees Whatcom County Comprehensive Plan F-25 432 November, 2010 Version Appendix F - Six -Year CIP 2011-2016 Chapter 11 — Improvements to Existing Buildings Whatcom County plans to make the following improvements to existing buildings within the six -year planning period to maintain or enhance the function of these structures. IMPROVEMENT TO EXISTING BUILDINGS, 2011-2016 1. Civic Center Annex- 1,000,000 1,000,000 0 0 0 0 2,000,000 1, 2, 3 and 5 Repair & retrofit, HVAC, engineering, lighting, and exterior repair 2. Upgrade jail and 1,000,000 1,400,000 0 0 0 0 2,400,000 1, 3, 4 and 5 juvenile controls and improve exiting 3. Courthouse - Exterior 0 180,000 1,000,000 0 0 0 1,180,000 1 and 3 engineering evaluation and repairs 4. Courthouse - 0 250,000 0 0 0 0 250,000 1 and 3 window replacement 5. Courthouse - Full 0 200,000 0 0 0 0 200,000 1 and 3 suite courtroom and judicial hearing room Total 2,000,000 3,030,000 1,000,000 0 0 0 6,030,000 Funding Source Key 1. Grants 2. EDI funds 3. REET 4. Jail Fund 5. Bonds Whatcom County Comprehensive Plan F-26 433 November, 2010 Version Appendix F - Six -Year CIP 2011-2016 Chapter 12 — Costs by Project Category COST BY PROJECT CATEGORY, 2011-2016 Parks 500,000 90,000 667,500 815,500 618,000 568,000 3,259,000 Trails 26,000 1,775,000 1,565,000 1,500,000 1,225,000 1,225,000 7,316,000 Activity Centers 2,550,000 706,000 0 0 0 0 3,250,000 Jail 4,000,000 2,000,000 8,000,000 10,000,000 17,000,000 0 41,000,000 Transportation 6,902,000 4,980,000 1,730,000 2,056,666 2,056,667 2,056,667 19,782,000 Stormwater 1,215,000 300,000 712,500 1,570,000 1,577,500 310,000 5,685,000 Flood Protection 485,000 1,500,000 0 0 0 0 1,985,000 Existing Buildings 2,000,000 3,030,000 1,000,000 0 0 0 6,030,000 Total 17,678,000 14,375,000 13,675,000 15,942,166 22,477,167 4,159,667 88,307,000 Whatcom County Comprehensive Plan F-27 434 January 2010 Appendix F - Six -Year CIP 2009-2014 Exhibit 3 NOTE: This document would be repealed and replaced with the new Six -Year Capital Improvement Program for 2011-2016 Whatcom County Comprehensive Plan F-1 435 January 2010 Appendix F - Six Year CIP 2009-2014 Chapter 1 Introdurtion 3 ChapteF 2 - RaFks, TFalls, ........................................................................ Activity Centers Chapter 3—Ma me nre and .................................. & OpeFations Ghapter 4 GoveMment ...............................................15 OffiGe Spac;e is Chapter 6 Sheriff's Off;Ge ....................................... M ......... - IQ GhapteF6 EmeFqenGyManagement.IEO-G .................... M ................................. MMMM ......... Chapter7 - Jaghq . ..........................................21 23 . ............................................. Chapter 8 Detention M..M ...... M ......... MMM .... MMM ........... -1--wenile Chapter 9 Transportation .............................................................25 26 GhapteF 10 SteFmwater .................................................................. FaGilitieS Chapter 11 Total Gests ...................................................... -2-8 30- Maps............. ....................................................................... 349 Map Fl Par-ks Map F2 Tr-agl--,; Map F3 AGtivity Oo ........................................................................ Centefs Map F4 MaintenanGe and OpeFations Mapes- Government OffiGe SpaGe that Serves the Entire County Map F6 Government Off;Ge SpaGe that Serves UninGGrperated-4feas Map F=7 Shpriff'c; 0 Map F8 ErnergenGy Management/EOG Map F9 jails Map FIO -juvenile Detention Map Pl. TFanspgftatien Map F! 2 T-r-ansit Routes Whatcom County Comprehensive Plan F-2 436 January 2010 %rAlAhh Management Ant RegUirnments A. An inventory of existing Gapital fa-P-dffA--S owned by publiG aFe shown below. Gaya .iiies of the c-a pital f ni Wes departments, aFe *RG'Uded OR -ea Ghapt Of thiS dGGUF,eRt. B. .4 fereEast of the futuFe needs for suc-h eapital faci Nes Whatcom County Comprehensive Plan F — Six Year CIP 2009-2014 F-3 437 2010 Appendix F — Six Year CIP 2009-2014 ■ .. 1 INN' ..� ... . . .. GGRsisteRGy between PIaRS already exists in the GernpreheRSiVe Plan (PGliGy ._ .. . County Ghar-tev]?Tovlslof�& tile County Executive's OffiGe te -capital irnprevement KQMRT� OEM Whatcom County. • - - F-4 - 2010 Appendix F — Six Year CIP 2009-2014 €unG49P cn..� ee PaRniin��n/,,52,..��D Development SeNinoc Putl- b-erks c7-1-iVVti Health Depa tmont �� Total 62,500 Whatcom County Comprehensive Plan F-5 439 January 2010 Appendix F — Six Year CIP 2009-2014 ,,. _ .. _ . ., Ell .. ..��WNPMMMWMMIWM ME ■mr.T.7%, ... .. - ■ .. • .. Whatcom County Comprehensive Plan F-6 WE January 2010 Whatcom County Comprehensive Plan Appendix F — Six Year CIP 2009-2014 F-7 441 January 2010 Appendix F — Six Year CIP 2009-2014 ■! i■! i i ■- 1 1 • 1 Prejee- Acres Yea Yeafa Yea Yea Yf�ea T-ACost /fie Ale- 2009 Lest 20i Gest 29&4 Lest 202 Lest nY/4�a 24M Gent � 444 Lest lFundi,in Seum 25 South F=eFk E9eity 532 0 0 $4a 008 $58A A90 0 0 nn� $545,000 Wnlindaflon PariF I{�a* TmPFove mon��c ti-rt rand, and 17CCT �T 4 26 SaRRyside Landlig 6 $50,000 $290,990 $50,000 0 0 0 $300,000 Gfapts--arid ii R€FT 2-7 BittFiGh Grranttsand Pafk 24 0 0 $250,090 $250,000 $250,000 $351-,500 $1,401,500 �M Late sawkh 2-9 GheFFy Point W.,� Area A GGeSS 2-9 ' Lake aAMatsem G a u my PaFk 33 0 0 $20,009 0 $250,000 $260,990 $520,000 GFaRtts-aid RE--E-T-4 i�c (69uth Total -7-30 $159 999 $365 000 $997,908 $7-68,009 $758,509 $ 11 39,589 Whatcom County Comprehensive Plan &A, 442 January 2010 Appendix F — Six Year CIP 2009-2014 Rem im MR _ . . -. ., ■. .,.. ... ■.. _ Y-"- ���EIIWIRIMMIVWII ■ s . _. Whatcom County Comprehensive Plan F-9 443 January 2010 Appendix F — Six Year CIP 2009-2014 S#e P-r-ejec- Miles Yea F YeaF YeaF YeaF YeaF YeaF Cast €uS+d�� Ne 2W Cost 201 t sst 204i t sst 201 Cost 201 Cost 2914 t sst e R;;k ,- .1 A' t`# mTTz� -9 $1 AA7 928 $4 AA7 929 �� v $1 442 928 m'+'TT=��cv $1 AA7 928 mT-r'rc��zv $1 AA7 929 WT�� � $1 AA7 928 � t-utvtca �i "T� T6Q��hCt 33 ChUGkaHvt �BR�P/ VBR Meaataia Trails 24 0 0 $26;900 $25988 $25,000 9 $76,899 Lne^v^y^ 1a.^nd^^ LV'^Ft^+�`^f, �A 34 u,., �' GFa RtG, NoFth a-8 0 $65,000 0 0 0 V- 898 s^e�aatieas L,^V}fi�t^^te` aPA OCFT II VT�h�btiFA E)densien 35 South F4k .3 0 0 WQ,000 $299;999 $200,000 9 $580 999REETCount u BeAatiO P--I* 36 Olsen GFant6 PF9POfty 3 0 $68,090 $68,$09 $6€ ,000 $68,009 $372,099 OCET 11 T-Fal4 37- Ceast 6faats M4Aean4um $509,000 $4,809,400 V48400 V88,400 V38,400 1.�,4. $6,962,000 aPA TFaVi REFT 44 36 Lake GFaats and Whatsean 2 0 0 0 0 $458,000 $459,000 $316,098 DC�T II PaFli SGUth Whatcom County Comprehensive Plan F-10 ... 2010 Appendix F — Six Year CIP 2009-2014 T+" 39 $unnyside eras and Landing 4.7-5 e e e e 9 $73399 $73 599 REFT It Genneeta Tsai+ 49 Gann 2-- Grantsand Lake I F Tail cmcc�rn Lake 4i4 0 0 9 0 0 $468,000 $466.8,999 Denatiens 44 Neeksael GrnRtS and RiyeFTF,il Ferndale 11.75 9 0 $5-428,,599 $615,00 $65,080 $545,00 $-27-3.60 R€ETu 42 NeslisaGI( end #fiver TFA Lynden t9 C:ozYeF GA f3 54 9 9 $3,003,000 -$343,000 $343,000 $343,800 $4,032,999 �= u 43 Sumas GFaats and Mountain V 0 9 0 0 9 $32-2,000 $322,999 DmAtions T-Fag 44 Lake 394343 0 9 $176,235 $17� $176,,235 $17�5 $704-949 Graats- pCET 11 Whateen► and gonatkNIS T4" 496.7 $1 042,929 $,,951,328 $49,99,063 $3,058,563 $3,246,563 $3,555,053 $39,122,509 g ! g Site �: P4;gjee Mire $ Ye/a�n� '�/e�,a/r YtlYfi Yea �� . s011 �'^^eaA''a i'V-l-�t: '�D�a'r '201 Yea � �GV-f-'f R CGS FUR N/A Neeksasl< Rive 29.25 9 0 $7-5r000 0 9 0 $75�009 interase:sy committee Watef T4;" Grant Tetal 23-25 9 0 $75,999 0 0 9 $75,000 Whatcom County Comprehensive Plan F-11 445 January 2010 Appendix F — Six Year CIP 2009-2014 Site-NG. Activity GenteF Name 2- Reeder Home 4 5 Eye,rsnn Comer !'on+o. y` Ferndale Conihr !`e+nteF Site ' ' eGc y�-At�ntli� y 6a Yea Yea Yea Yea st Fundin �n�GeFR Di-ci�omcc SeateF ^ $100,0000 $4,099;990 $2,7�wl1 9 9 9 $7,250,000 `'Fats€DI fURds, leg islative aPPFOPFiatmen an44b RE# Whatcom County Comprehensive Plan F-12 ..P January 2010 Appendix F — Six Year CIP 2009-2014 �■�r�n:�r�rr_sr. _ �n:�:rrrrr_� a Site plan and site deveionpmmceRt Whatcom County Comprehensive Plan F-13 447 January 2010 Appendix F — Six Year CIP 2009-2014 t t Qtn G oral r and eleGtrinal upnrorde t MAWARIMr.&MI -A, -, tHUtGhiRSeR GFeek BF;dge site develepmen+ anrd rdevelep main trail n rrirder t Site plan traildtre Ptle r atie and imprevementc t AGgUire ad ditienal pa*44 t Trail Develepment Whatcom County Comprehensive Plan. F-14 2010 Appendix F — Six Year CIP 2009-2014 ■ UZ Whatcom County Comprehensive Plan F-15 ..• POIR Appendix F — Six Year CIP 2009-2014 4 Adrn4Stfvtive oeW;oes - 15—�rsT 94,378 nssesser — 4,968 sT Assignor! Counsel _ 670- f Auditor R�sT. GawRty Glerk 5,114 6.. DiStFiGt GO Ft — 11,923 s f ExeGUWe-2 A77 juvenile Drnh- .. r, grit, s f l oy I ihrr,ry 2,125 s f Drn6on6 Minn Attorney _ 9,791 s f S perinr Ge Ft 15,099 f TreasareF ^— 'mot: Courthouse Deputy 76 s-f Health non+ Crew+ Q+ Annov /1!1lln KlnrFh Gnros+ C+ \ � 9xteR6b9R — 759 s.f 4 1500 N. State Street (!eased spaGe) 42,284 -533:73 Mt. BakeF Highway � Whatcom County Comprehensive Plan F-16 450 January 2010 Appendix F — Six Year CIP 2009-2014 WIN...... Site No. Prgec- square Feet wytt 24" Cos Yea 201 Cos Yea 2014 hest Yeas 201 Yea 2012 hest Yeas 2-04 Cos TOM! Gest €undin Sear-e Cos 7- GeRtfal Plaza Baild+ag Pub!; 6 neFende, 19;307 i,899;909 9 9 9 9 9 $1,900 000 fiends; GeReFal Fund oF=F=r ii Q„ & GFaRt 9 Consolidated Sepv*r" . Bn.u,il�^d1i:ng1^I^Fks1' 113gg2 $2,000,000 $12,000;000 $12,989,000 9 9 9 $2;999;000 Bonds Tot- WA 225,3307 $3,900,000 $12;999 000 $12,999;800 0 9 9 $27,900, Whatcom County Comprehensive Plan F-17 451 January 2010 Appendix F — Six Year CIP 2009-2014 M • . .iwuowlo Whatcom County Comprehensive Plan F-18 452 January 2010 Appendix F — Six Year CIP 2009-2014 Whatcom County Comprehensive Plan F-19 453 January 2010 Appendix F = Six Year C/P 2009-2014 Site Ale. c:f�mo Square cep 4- Building 42 2- Minimum Cent rrity Gwredien Canility 6-10W (203 1 Diyisien Street) 3 Giver Genfer Annex 4 � 4 C' Gassade Satellite Offise 5373 Guide 740 Mefid;g„sp^e h sine&& FG�T'�VQ-JTI�S"i (leased �TJ nark neFth��.est efthe ith Rdd !G F..arrr-r.vn'rrvcc �' rrc- ---r-cv-rvii{d 5 Kendall Satellite nffGe /onaee utilized of 4-24 RG Gha;ge in the FiFe DiStFiGt 14 fife 6- 4-92 7- Britten I een Ciro Hall 47- 9 Nugent's Gerner Cire Hall 98 O Sudden Valley Pre Hall l%r Total 23,227 Whatcom County Comprehensive Plan F-20 454 January 2010 Appendix F - Six Year CIP 2009-2014 FMITHs .zitrM�nt:ra e '^d1& Ale. '-TvJa�G qu FCct Yea � 09 Ve t -'I-/G�•,Q/i-� 20�Y�tl♦ CA r, -'F/C�,c�t,F� Y2V�'11 CA r, ��F�C�G'+f�' iG2012♦ Cos Yea - �201 ivV✓t -I-ea Yea �2�-��-��4♦ ivV✓t TBt�%-Cos €f}RdM e paa s Office --at jUStiGe GeRtef Campus 26,000 9 9 $589;580 $299;898 $4,990;080 $2380,998 $7,209;809 Gash GeRefal FURd; RPCT and Bands Whatcom County Comprehensive Plan F-21 455 January 2010 Appendix F — Six Year CIP 2009-2014 Site -No. Site Name Square et 1 660-78Guide MoF4an 4�5g Whatcom County Comprehensive Plan F-22 456 January 2010 Appendix F — Six Year CIP 2009-2014 Whatcom County Comprehensive Plan F-23 457 January 2010 Appendix F — Six Year CIP 2009-2014 RUe Ne Name BeeFs 4- Building 2-93 4-a8 Total 4-33 Whatcom County Comprehensive Plan F-24 W. January 2010 Appendix F — Six Year CIP 2009-2014 0FAIMITI P.Is T�113�tii�LTi713�Tit�iriZ�i_i1f�iTi1�7Ttiii�wG111T�r7�TiT•�rTiZLI Site P4;*G Beds Yeas Yeas Yeas Yeas Yeas Yeas Total-Ges Fundin NO, 200 2919 20M 201 2013 20i4 SGUM cost cost cost cost cost cost PJFP� New jam! the Law 009 $2,000,000 $8,999;999 $10 000,00 $47,000.00 $42,000 999 General Fund, at 0A0� $4,990,$98 $4,000 and chastise REFT 4 And P, -blis SenteF Asa _ r�lililies gym' Fed tvlinin�iFa SesaFfty 6eFFestien Fly fDiViSGR 60 $324,990 $324,000 9 9 9 9 $648800 jailFund FThe ler—ation of the n a*l haS RGt yet been dotorMiRe.J 2 3 Additional pmjeGtiens and analysis ;Rd*Gate thBFe may be a Reed f9F rneFe thaR 600 beds, but these aFe still nde Whatcom County Comprehensive Plan F-25 459 January 2010 Appendix F — Six Year CIP 2009-2014 Site No. Name Beefs 32 r r r 'I WMIUZTI.1=11�1. ■ NO r . .. ■- rrr r rr r MUM ■ ■ Whatcom County Comprehensive Plan F-26 E•1 January 2010 Appendix F — Six Year CIP 2009-2014 will ., NO ., wall ON WHO T Whatcom County Comprehensive Plan F-27 461 January 2010 Appendix F — Six Year CIP 2009-2014 Existing Corry Carilitwe Tuvrr�rres WhatGom GOURty Gurrently has OR8 ferry vessel serving Lurnmi island. The ferry rURS between I=U relanrlrrv-cri-rd GooseberFy POiRt GR a daily basis. The route is shown on Map C1'1 FutureC�eyy Ne-eds �The IAfhatrgm GeUnty Gemnrehensiye plan soTtsra of seWiGe of 513 ferny passenger trips anmUally peF Capita of 6ummi island pepulatiGR_ It is�nrnoierterl that 1 ummi Island will have a pnnUlatinn of tely 1,030 people 'R the year 2014 (GOmpaFed tG the 2000 census population figuFe of &14 yeaF 2014 to meet the le-vel Gf SeWiGe set by the QGLARty. in 2007, there were a grand total of 364,821 passenger trips, WhiGh *RG'uded veNGles, truGks & trailers, bikes, MGtOrGyGles, and pedestrians. e about a 45% inrre_aassc_i.n the number Of tr' p0 in 2008, the County GeunGil deGided not to PLIFGhase a larger ferFy. Therefore, it may be appropriate to nP Proposed Ferry Improvement preje t� �P reverneRt projeGtS that would add feFry Gapacity aFe prepesed within the six year planniRg peried. Financing for Ferry improvement DrojeGts Whatcom County Comprehensive Plan F-28 462 January 2010 Whatcom County Comprehensive Plan Appendix F — Six Year CIP 2009-2014 F-29 463 January 2010 Appendix F - Six Year CIP 2009-2014 Pwejes- Sub- basin Year 200 Lest Year 201 Lest Year 2011 Lest Year 201 Lest Year 2-M Lest Year 2-044 Lest T'eta! Con €wing .Sege Sir Beach Creep Stream stablllzatleR Hillsdale $390,000 $64,000 0 0 0 0 $440-,000 RC�_�1, grants coo; Gfeek- n;afn Hillsdale 0 V50,000 0 0 0 0 $150,080 RCS graRtS GhaRRel YNOGffity fe4uGtieRs fd.`"veF BeaGh GFeek uppe GhaRRel velesity -arid VGkmie H*sdale 0 $230,000 0 0 0 0 $230,Q00 R Cyr. gfaRts u o.�w I lsdale subbasiR, dralaage fetr8ffts Hi sdale $200,000 $210,000 0 0 0 0 $410,000 R Cr cE ETr—ii gFaRtS, €Q,7=9 iRtefiesal fedt�stieas, Tc);;dTvav;;kcl ' Academy l-Gads Asade►ey 0 0 $200,000 0 0 0 $200,900 fees; grants Sily- F veaGh GFeek; Gelverf Hillsdale 0 0 $260,000 0 0 0 $260,009 REST— 117 fees; grants Lake Samrsn �St'efmwatef P�develepmeRt Lake $�1-0�08 0 0 0 0 0 $i i 0,900 Yc�F-ii Whatcom County Comprehensive Plan F-30 . MA January 2010 F — Six Year CIP 2009-2014 ... .... . .... . . . . ... rvrL�2LG Nam 200 20i 2011 -201 244-3 201 TOW fe the Sfi�E South F=GFk Geunty ' aFk 9 9 $45,000 $594-009 9 9 SuRnyside I 'ad( $58 999 $290;899 $50;089 9 9 9 $399;999 O"ttr Gh OnrL Lake Samish 9 9 $250;999 $250999 $259;999 $354 599 $i10i'599 PemRt Whmtehem n IriI u grTvv;vvv 9 9 $157,999 $250,999 $457;-999 $564,999 Lake WhatGOrM PaFk0,90 GTHe� 9 89 9 $2599 $250,W0 $520,090 tta4 0n VimQ$ 0' 0, 00 Whatcom. County Comprehensive Plan F-31 465 January 2010 Appendix F — Six Year CIP 2009-2014 Tmil 4q`c-t Name 2989 20i 2011 20i 01 20 TOtaf#e� the syeaFperled Bay Cv-Bake T{a4 $1 442 929 $4 442 928 $1 442 929 $1 442 928 $1 442 928 $1 442 928 $8,657,568 GhUGkanu MounEalR T-Fa4s $26-000 $2,990 $25;009 0 $76,000 LJe FLz l.,.+h take iVhaiseF TFa+a Extension 0 $5gg ggg $65,000 0 0 0 $1,565,909 South Fork 7 z g 0 $100,000 $200,000 $200,000 0 $500,000 QIseR Prnn'�AeFty 0 V00;890 $69,000 $69,090 $69,000 $68,080 $372,090 TQ" Coast MmlleRROUM T4" 99 $166 400 .. $a 1S8 49 Q1 pp ;4()() $4 QQ 400 @@65,n62 n 00 take WhatGGM PaFk sg # Tro❑ 0 0 0 0 V 58,090 $i 58ice0County $ 999 OaRRyside �+a,R..E.#�fR,.,Q^` bVnnttr[eF TFa4 0 0 0 0 0 $73590 $73,500 take WhatGE)FR e 996iiFes Lake Tfa4 8 8 8 8 8 $ 808 V 68,000 Neeksask — C.,r.,�--c-rrwmew-, e to 0 0 $5,429,500 $615,000 $615,000 $515,009 $7,273,500 NGIi ��- Lynden to F„n��-^^ 0 0 $3,003,009 $343-900 $343,009 $543,000 $4;032,000 Symas 0 0 0 0 0 $3?999 $3? 098 take VVhatGGFR 0 0 $476,235 $476,235 $476,235 $1 76, 235 $704 940 791al�4 n $4 555 063 $3 Whatcom County Comprehensive Plan F-32 M* January 2010 Appendix F — Six Year CIP 2009-2014 Existing Ctri -tu Pwoject Afam 29 201 �-11 2M 20-�3 201 TGtal fe the r�nyear period $024,098 $324,000 0 0 0 0 $648,000 beds rid renter onne $1,900,000 $35,-000 $05,-000 0 0 0 $4,08;980 & Fetrefit, HVAG Engine ering. and Lighting RQtFefit UpgFade jail and $1,000,000 $1,400,000 0 0 0 0 $2;490;000 Geattgease Exterior Cnnineerinn $i,000, 099 0 0 0 $4-,188 088 Gea#5euse WRde Renrn '��rteCni $200 000 0 0 0 0 , 0 $250 000 Sheriff s rn,.irt' Rtr- r-�Rebwecrtrcs i-- $140,090 0 0 0 0 0 $140,-000 Total $2,714,000 $4-,93g,000 $i,005-009 9 0 9 $6,718,000 view ctmcnt,.re Pwojeet ame 2409 2-9" 2011 294-2 291 Total fo the s East GeuRt €tegieRal Rese„rre renter $4-,000, $4,080,000 $2,250,000 0 0 0 $7,250,000 GeRtral Plaza Ruilding {aGgUiGitiGR Of $4 $00;-80A 8 0 0 0 0 $4,800,000 GeRselidated $2,000,000 $12,000,900 $12,000,000 0 0 0 $26,QQQ,QQQ nlo,�, ShGFi#'s $408 080 0 0 A 8 8 $400,000 CherifF� /lffine /nt 0 0 $599,000 $2w-099 $t0,099 $2,599,OQG $7,200,009 Law ustire and Center rmmP, o\ NewJaw! (2t I n and jUStiGe renter ran p s $1 990 000 $4 080 008 $2,000,0 $10 000 000 $47,090,999 $42 000 000 Whatcom County Comprehensive Plan F-33 467 January 2010 Appendix F - Six Year CIP 2009-2014 r-r. -rcvvcrca Mar'rGfaGWFed Home Ronirccpraviceri-rte- R $�3A�99 8 8 8 8 8 $8�898 dal $61 999 S28-894;909 $16,759;899 $9-,28A 089 $44,900,000 $49,508,089 $94�, 89--989 ■ • • R • • • • ■ • • • ■ ■ ■ • • • IN ffthl", Note: Old maps will be repealed along with the text above. Whatcom County Comprehensive Plan F-34 File # PLN2010-00014 September 23, 2010 Capital Facility Planning for County Facilities Planning Commission Recommendations, Page 1 WHATCOM COUNTY PLANNING COMMISSION Capital Facility Planning for County Facilities FINDINGS OF FACT AND REASONS FOR ACTION Background Information 1. The proposal includes amending the Whatcom County Comprehensive Plan as follows: a. Eliminating the level of service standards for government office space in chapter 4 of the comprehensive plan; b. Adopting the Six -Year Capital Improvement Program (CIP) for Whatcom County Facilities 2011-2016; and c. Repealing the existing Six -Year CIP for 2009-2014. Public Notice/Hearing 2. Notice of the Planning Commission hearing for the subject amendments was posted on the County's website on August 25, 2010. 3. Notice of the Planning Commission hearing for the subject amendments was published in the Bellingham Herald on August 29, 2010. The Planning Commission held a public hearing on the subject amendments on September 9, 2010. 5. The Planning Commission held a work session on the subject amendments on September 23, 2010. State Environmental Policy Act 6. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on August 25, 2010. w• File # PLN2010-00014 September 23, 2010 Capital Facility Planning for County Facilities Planning Commission Recommendations, Page 2 Approval Criteria 7. Pursuant to WCC 2.160.080, in order to approve the proposed comprehensive plan amendments the Planning Commission and County Council must find all of the following: a. The amendment conforms to the requirements of the Growth Management Act, is internally consistent with the county -wide planning policies and is consistent with any interlocal planning agreements. b. Further studies made or accepted by the Department of Planning and Development Services indicate changed conditions that show need for the amendment. c. The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited.to the following shall be considered: i. The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan. ii. The anticipated effect on the ability of the county and/or other service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. iii. Anticipated impact upon designated agricultural, forest and mineral resource lands. d. The amendment does not include or facilitate spot zoning. e. Urban growth area amendments that propose the expansion of an urban growth area boundary shall be required to acquire development rights from a designated TDR sending area. IA 470 File # PLN2010-00014 September 23, 2010 Capital Facility Planning for County Facilities Planning Commission Recommendations, Page 3 Growth Management Act The Growth Management Act (GMA) establishes planning goals in RCW 36.70A.020 to guide adoption of comprehensive plan amendments. GMA planning goal # 12 is to "Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the . time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards" (RCW 36.70A.020(12)). 10. The subject amendments include updating the Six -Year CIP for Whatcom County Facilities for the 2011-2016 planning period. Updating the CIP is one step in the process of planning regional facilities to serve the people of Whatcom County. 11. The GMA, at RCW 36.70A.070(3), requires that a comprehensive plan must include a capital facilities plan element consisting of. a. An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities. b. A forecast of the future needs for such capital facilities. c, The proposed locations and capacities of expanded or new capital facilities. d. At least a six -year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes. e. A requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. 12. The capital facilities element of the Whatcom County Comprehensive Plan has several components including: a. Chapter 4 - Capital Facilities; b. Appendix E — Whatcom County 20-Year Capital Facilities Plan (contains six and 20-year plans for water, sewer, and other facilities); and 471 File # PLN2010-00014 September 23, 2010 Capital Facility Planning for County Facilities Planning Commission Recommendations, Page 4 c. Appendix F - The Six -Year Capital Improvement Program for Whatcom County Facilities (addresses only County owned or operated capital facilities). The subject proposal amends Chapter 4 and Appendix F, but does not amend Appendix E. The Growth Management Act does not require amendments to Appendix E in 2010. 13. The Six -Year CIP for Whatcom County Facilities contains an inventory of existing County owned or operated facilities, a forecast of fixture needs based upon the level of service adopted in the Whatcom County Comprehensive Plan, proposed new County capital facilities, costs and funding sources. 14. Existing Comprehensive Plan Policy 4A-4 addresses the GMA requirement to reassess the land use element if probable capital facility funding falls short. County -Wide Planning Policies 15. County -Wide Planning Policy K-1 indicates that, as part of the comprehensive planning process, the County must identify appropriate land for public facilities that meets the needs of the community including recreation, transportation and human service facilities. 16. The CIP identifies County park, trail, building and transportation improvements as contemplated by the County Wide Planning Policies. Interlocals 17. Existing inter -local agreements between Whatcom County and several cities indicate that the County will consult with the appropriate city in planning new road construction projects within the city's urban growth area. Additionally, the inter -local agreements indicate joint planning for parks. 18. The County Engineer indicated on August 24, 2010 that the County sends a copy of the six -year transportation improvement program to cities prior to approval, requests comments, and informs cities of the hearing. date. The Whatcom County Parks Director stated on August 24, 2010 that the County Parks' staff maintains a consistent working relationship with appropriate staff from cities on joint park projects and planning. Therefore, it appears that the type of cooperation envisioned by the inter - local agreements is occurring. 4 472 File # PLN2010-00014 September 23, 2010 Capital Facility Planning for County Facilities Planning Commission Recommendations, Page 5 Further Studies/Changed Conditions 19. The Whatcom County Comprehensive Plan calls for an update of the Six -Year Capital Improvement Program for County facilities every other year. Specifically, Policy 4B-1 is to: Maintain and update, on at least a biennial basis, a six -year capital improvement program (CIP) that identifies projects, outlines a schedule, and designates realistic funding sources for all county capital projects based on a review of population and revenue conditions existing at that time." 20. Based upon population projections for the six -year planning period, a revised capital improvement program has been proposed that projects future needs for County owned or operated facilities such as parks, buildings, and correction facilities and presents improvement projects. Public Interest 21. The goal of the Six -Year CIP for Whatcom County Facilities is to plan for County owned or operated parks, government buildings, correction facilities, and transportation improvements that will be adequate to serve the people of Whatcom County. The proposed CIP plans for public facilities over the six -year period from 2011 to 2016 based upon projected population growth. Therefore, the proposal should complement the County's growth and development plans. 22. The Six -Year CIP for Whatcom County Facilities will have a positive impact on the County's ability to provide public facilities by evaluating the need and planning ahead for such facilities. Adverse impacts to other service providers have not been identified. Spot Zoning 23. The subject proposal does not involve rezoning property. 473 File # PLN2010-00014 September 23, 2010 Capital Facility Planning for County Facilities Planning Commission Recommendations, Page 6 Government Office Space 24. A level of service standard for government office space serving unincorporated areas is set forth in the Whatcom County Comprehensive Plan. This level of service standard will not be met over the six -year planning period. The reason is that the Consolidated Services Building will be delayed beyond the six -year window because of declining governmental revenue. 25. The "Growth Management Act — Procedural Criteria for Adopting Comprehensive Plans and Development Regulations" state that counties are not required to set level of service standards for facilities that are not necessary for development. It also indicates that administrative offices are not related to growth (Washington Administrative Code, section 365-196-415(2)(b)). 26. The State Department of Commerce confirmed, in an e-mail of August 2, 2010, that " .. there is no GMA requirement to include a level of service for government office space in the county comprehensive plan..." 27. Based upon the current decline in governmental revenues,. Whatcom County will not be able to meet the level of service standard for government office space serving unincorporated areas. However, the Growth Management Act does not require Whatcom County to have a level of service standards for government office space. Therefore, the level of service standards for office space in Chapter 4 of the Whatcom County Comprehensive Plan should be eliminated. CONCLUSIONS 1. The proposed amendments satisfy the approval criteria of WCC 2.160.080. 2. The proposed amendments conform to applicable requirements of the Growth Management Act and are consistent with county -wide planning policies. 3. Changed conditions indicate a need for the proposed amendments. These changed conditions include updated inventories of County facilities, new population projections and declining governmental revenue. 4. The proposed amendments serve the public interest by guiding investment of County resources to provide facilities necessary to serve the people of Whatcom County. 5. The proposed amendments do not facilitate spot zoning. rel 474 File # PLN2010-00014 September 23, 2010 Capital Facility Planning for County Facilities Planning Commission Recommendations, Page 7 RECOMMENDATION Based upon the above findings and conclusions, the Planning Commission recommends approval of Exhibit 1, an amendment to Chapter 4 of the Whatcom County Comprehensive Plan 2. Exhibit 2, adoption of the Six -Year Capital Improvement Program for Whatcom County Facilities 2011-2016 (Appendix F of the Whatcom County Comprehensive Plan). The Planning Commission also recommends repealing Exhibit 3, which is the Whatcom County Six -Year Capital Improvement Program 2009-2014. WHATCOM COUNTY PLANNING COMMISSION Jean Melious, Chair Sam Ryan, Secretary Date Date Commissioners present at the September 9, 2010 meeting when the vote was taken on Exhibit 1: John Belisle, Rod Erickson, Gary Honcoop, John Lesow, Michelle Luke, Jean Melious, Jeff Rainey, and Mary Beth Teigrob. Vote: Ayes: 8, Nays: 0, Abstain: 0, Absent: 1. Motion carried to adopt the above amendment. Commissioners present at the September 23, 2010 meeting when the vote was taken on the Exhibits 2 and 3: Rod Erickson, Gary Honcoop, Michelle Luke, Jean Melious, Jeff Rainey, and Mary Beth Teigrob. Vote: Ayes: 5, Nays: 1, Abstain: 0, Absent: 3. Motion carried to adopt the above amendments. 7 475 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 RECORD OF PROCEEDINGS OF THE 1 WHATCOM COUNTY PLANNING COMMISSION September 9, 2010 Reaular Meeti Call To Order: The meeting was called to order, by Whatcom County Planning Commission Chair, Jean Melious, in the Northwest Annex Conference Room at 6:33 p.m. Roll Call Present: Jean Melious, John Belisle, John Lesow, Rod Erickson, Gary Honcoop, Michelle Luke, Mary Beth Teigrob Jeff Rainey in attendance at 7:00 p.m. Absent: Rabel Burdge Staff Present: Sam Ryan, Warner Webb, Erin Osborn, Matt Aamot, Michael McFarlane - Parks Department, Becky Boxx Director's Dialog Interim Planning Director, Sam Ryan, gave an update on the planning issues before the County Council. Ryan commented on the layoffs in the Planning Department. The County, Executive has recommended Sam Ryan be named Planning Director. This issue will be before the County Council at it's meeting on September 14,. 2010. Open Session for Public Comment Jack Petree, Whatcom County: Encouraged the Commission to read the Whatcom County Comprehensive Plan, County -wide Planning Policies and the WAC's referring to the Growth Management Act (GMA), if they have not done so. Bob Wiesen, Whatcom County: Spoke of the public process which is faulty. Information is not getting out to the people affected by planning changes. Commissioner Comments Lesow feels the Planning Commission process has been open and adequate. Stated it would be helpful if public comments were received before the meeting. Public Hearing File #PLN2010-00014: The Whatcom County Planning Commission will hold a public hearing on the proposed Six -Year Capital Improvement Program (CIP) for Whatcom County Facilities 2011-2016 (Appendix F of the Whatcom County Comprehensive Plan) that would replace the existing Six -Year CIP for 2009-2014. The Six -Year CIP includes plans for County parks, trails, activity centers, correction facilities, government buildings and transportation. The proposed amendments also include reducing or eliminating the level of service standards for government office space in chapter 4 of the Whatcom County Comprehensive Plan. Matt Aamot presented the staff report. 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 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE 2 WHATCOM COUNTY PLANNING COMMISSION September 9, 2010 Regular Meetin The Growth Management Act requires that counties incorporated elements into their comprehensive plans, which includes the capital facilities element. This is a six year plan that is reviewed every other year. Lower governmental revenue has impacted the potential projects planned. Because of this the County will reduce or eliminate its level of service (LOS) standards for government office space. The proposed CIP for parks includes seven County park projects and five trail projects over the next six years. The LOS for trails was lowered in 2009 and several projects were removed. Construction of the East Whatcom Regional Resource Center will begin this fall and be completed in the fall of 2011. The consolidated services building, which was to house Planning, Engineering and Health, has been omitted from the CIP because of reduction of revenue. There were two options staff asked the Commission to consider regarding office space. Currently there are 2 LOS standards for government office space in the Comprehensive Plan. Option 1 would combine these into one level of service standard and would result in less office space being required. Option 2 would eliminate the office space LOS altogether. A new jail facility is included in the CIP. Two sites are currently being considered with the hope to complete construction in 2015. The CIP references the Transportation Improvement Plan (TIP). The TIP has been refocused, the last several years, on preservation and maintenance of existing facilities. The hearing was opened to the public. Harry Patz, Whatcom County: Made comments regarding the South Fork Regional Park. Proper procedures were not followed when the Parks Department applied for the funding and misinformation was given to the public. Ellen Baker, Whatcom County: Was pleased to hear the Bay to Baker Trail is reduced from 14 to 8 miles. Stated her concerns over the cost of developing trails in the county. Jack Petree, Whatcom County: Stated the CIP does not conform with State law. There is no nexus for how the things that are brought before the Commission cause the County to be able see that all of the UGAs are developable. The hearing was closed to the public. Lesow moved to recommend approval of Option 2, in Exhibit 1. Melious seconded. Roll Call Vote: Ayes — Belisle, Erickson, Honcoop, Lesow, Luke, 477 RECORD OF PROCEEDINGS OF THE 3 WHATCOM COUNTY PLANNING COMMISSION September 9, 2010 Regular Meeting 1 Melious, Rainey, Teigrob; Nays - 0; Abstain - 0; Absent - Burdge. The motion 2 carried. 3 4 Rainey moved to table the remaining issues to the September 23, 2010 meeting 5 so Dewey Desler, Whatcom County Deputy Administrator, could be present to 6 answer questions. Lesow seconded. The motion carried. 7 8 File # OSP2010-00001: To consider an application for Open Space Current Use 9 Taxation. Northwest Conservation Stewardship Fund. Parcel Number: 390105474243. 10 Location: Kickerville Road - Between Grandview Road & Bay Road. 11 12 Erin Osborn presented the staff report and some background of the Open Space Taxation 13 program. 14 15 This property is next to Terrell Creek. It is 20.91 acres. There will be a conservation 16 easement for perpetuity. This application received a score of 84.96 which qualifies it for 17 the program, therefore staff recommended approval. 18 19 The hearing was opened to the public. 20 21 Clifford Running, speaking on behalf of the applicant: Stated their goal is to establish a 22 conservation easement and eventually give this property to the county or another entity. 23 24 Ellen Baker, Whatcom County: Concerned about the shift of taxes to others. Need to look 25 at the fairness of this. 26 27 Doralee Booth, Whatcom County: As a resident of Birch Bay, Terrell Creek is a great 28 concern because of the shellfish not being able to be harvested because of the pollution 29 coming down the creek. Anything that protects the creek is a huge advantage to the 30 community. 31 32 Kathy Berg, Whatcom County: Agreed with the comments made by Doralee Booth. 33 34 Bob Wiesen, Whatcom County: This property is zone Light Impact Industrial. Is concerned 35 about the loss of industrial property. Also concerned about the tax breaks being given. 36 37 The hearing was closed to the public. 38 39 Belisle moved to recommend approval of the application. Lesow seconded. Roll 40 Call Vote: Ayes - Belisle, Erickson, Honcoop, Lesow, Luke, Melious, Rainey, 41 Teigrob; Nays - 0; Abstain - 0; Absent - Burdge. The motion carried. 42 43 Work Session 44 45 File # PLN2010-00015: A work session regarding County Wide Levels of Fire Service. 46 The County is examining establishing a level of service (LOS) to accomplish the locally 47 established minimum standards for fire protection and suppression services. 48 1 2 3 4 5 6 7 8 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 RECORD OF PROCEEDINGS OF THE 1 WHATCOM COUNTY PLANNING COMMISSION September 23, 2010 Regular Meeting Call To Order: The meeting was called to order, by Whatcom County Planning Commission Chair, Jean Melious, in the Northwest Annex Conference Room at 6:32 p.m. Roll Call Present: Jean Melious, Rod Erickson, Gary Honcoop, Michelle Luke, Jeff Rainey, Mary Beth Teigrob Absent: John Belisle, John Lesow, Rabel Burdge. , Staff Present: Wain Harrison, Roxanne Michael, Matt Aamot, Dewey Desler-Deputy Administrator, Mike McFarlane -Parks Department, Becky 1B Director's Dialog` Wain Harrison updated the Commission on the pr passed schedule fot� remainder of the year. In order to prepare more items for the sch�tle Harrison suggescanceling the October 14 2010 meeting to give staff more he Commission a ree; ao this. Wain introduced Roxanne Michael, who will be Manager, effective October 4, 2010. Open Session for Public Comme Harry Patz, Whatcom County Spoke o111d p access issue and zoning He ,also addret acquiring park and trail property and the OR Leroy Harkness, not been given a relocate. Comm issi fin, nge Planning Division out h fork, Park, particularly the pks and trails, the process of cess. )m Count ypoke off, proposed South Fork Park. Habitat has sideratian;pecifically 'e Acme Valley elk herd, which will Com 'M -foner Luke cft,' andpf@ ess. Commissoaer Rainey di Approval of I Mutes August 12, 2010: E cks M carried. ation regarding Burien's shoreline management plan ted funding information from the County Treasurer's Office. moved to approve as written. Honcoop seconded. The motion. September 9, 2010: Erickson moved to approve as written. Honcoop seconded. The motion carried. Work Session 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 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RECORD OF PROCEEDINGS OF THE 2 WHATCOM COUNTY PLANNING COMMISSION September 23, 2010 ular Meeting File #PLN2010-00014: Six -Year Capital Improvement Program (CIP) for Whatcom County Facilities 2011-2016 (Appendix F of the Whatcom County Comprehensive Plan) that would replace the existing Six -Year CIP for 2009-2014. The Six -Year CIP includes plans for County parks, trails, activity centers, correction facilities, government buildings and transportation. The proposed amendments also include reducing or eliminating the level of service standards for government office space in chapter 4 of the Whatcom County Comprehensive Plan. Matt Aamot reviewed some changes to the findings to give better context to ,the process, which is planning for County facilities. Dewey Desler gave an overview on the proposed jail in -terms ofhsory, siting, financing and time line. '������,� F Desler also outlined the financial state of the CotY now and over the t '�t�several years. There has been a decline in revenues and in e in costs for serviceshore„are numerous sources of funds and strict guidelin ,,,, to howls can be used° Luke moved to recommend approval of Exhihil removal of the South Fork Region aIkPark and t lists. Rainey seconded. Mike McFarlane updated the Commission 1pn tl conglomeration of several a cels and Ming McFarlane also discuss--,,, e B Y . Bakerta a au# a contiguous trail. 'in g is not rentI y s' entirety, with the to Baker Trail from the Fork°1�`gonal Park. It is a R. .: project is moving forward. 'Areas of land need to be acquired to form able from the County. Roll Call Vote on mo inn: A ft-E,,W'r*k son,H,oncoop, Luke, Rainey, Teigrob; Nays ��;Melious, Abstain 0, Ab e I:e, urdge, Lesow. The motion carried. Honcoop moved to repeal. ;hibit 3 and .amend the findings to delete #23. Luke seconded. Roll Call Vote: A -e -Erickson, Honcoop, Luke, Rainey, Teigrob; Nays — Melious; Abstain 0 `` ,bsenl elisle, Burdge, Lesow. The motion carried �m The meeting?was adjournec#%,t 8:17 p.m. Minutes prepared by B. 13.6xx WHATCOM COUNTY PLANNING COMMISSION ATTEST: W1 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 - 180 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator- 11 /2/2010 `5p�— ' E � E ® 11 /9/2010 Introduction Division Head: V NOV 0 3 2010 11/23/2010 Hearin 5 Dept. Head: Prosecutor: WH TCOM COUNTY Purchasin Bud et: COUNCIL Executive: TITLE OF DOCUMENT. Interim ordinance to allow one time extension for land use approvals ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 1 f /23/2010 SUMAL RYSTATEMENT 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, on an interim basis, to allow for a one-time economic hardship extension of land use permit expirations COMMITTEE ACTION: COUNCIL ACTION: 11/09/2010: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcomwa.uslcouncil. En 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 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. AMENDING WHATCOM COUNTY CODE, ON AN INTERIM BASIS, TO ALLOW FOR A ONE-TIME ECONOMIC HARDSHIP EXTENSION OF LAND USE PERMIT EXPIRATIONS WHEREAS, the state and county have suffered a severe economic downturn which has created economic hardships and tightening of credit markets, resulting in a situation where developers and property owners are unable to commence or finalize projects or complete applications in a timely manner; WHEREAS, Whatcom County can reduce and alleviate the pressure from the current economic climate and market conditions for projects and applications that have not been completed within time limitations by extending expiration dates and vested status when economic hardship of developers and property is demonstrated; and WHEREAS, Whatcom County is authorized to set expiration dates for zoning permits and pending applications therefore pursuant to RCW 36.70, Planning Enabling Act, and binding site plans, short plats, subdivisions, and pending applications therefore pursuant to RCW 58.17; and WHEREAS, the Council makes the following findings of fact and reasons for action in accordance with RCW 36.70.795: FINDINGS OF FACT AND REASONS FOR ACTION 1. Whatcom County, like the rest of the state and nation, is facing a significant economic downturn that has directly affected the construction industry. The impacts are reflected in a variety of economic indicators at the state and local level 2. A freeze in the credit markets, significant decreases in construction employment, and a decline in the number of applications for building permits and land use reviews are all indicators of the state of our economy. 3. These extraordinary conditions of the current economic market have made it extremely difficult for developers and homeowners to acquire financing to begin or complete their development proposals. 4. The proposed code amendments allow sufficient time for pending applications and approved projects to remain vested and weather the current market situation, while also limiting the length of the extension so that conditions and regulations considered at the time of approval remain valid. -1- ME 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 5. The amendments are in the best interest of the public health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Official Whatcom County Zoning Ordinance (Title 20) and (Title 21) are hereby amended as shown in Exhibit A. BE IT FURTHER ORDAINED, by the Whatcom County Council, pursuant to RCW 36.70.795, that this amendment shall be effective for not longer than six months following the effective date of this ordinance. ADOPTED this day of , 2010. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTO14 Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM;.- --, Civil D r for Sam Crawford, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved Date Signed: ( ) Denied -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Exhibit A Section 1: Amend the Whatcom County Zoning Code, Chapter 20.84 as follows: One -Time Economic Hardship Extension of Permit Expirations 1. A one-time two (2) year time extension of vested status for any terms, conditions or other dates, including permit expiration, shall be granted for the following land use permits: planned unit developments, conditional use permits, variances, or administrative use permits if all of the following criteria are met: a. The applicant files a written extension request with applicable fee on forms provided by the County no later than March 1st 2012. b. The extension request includes a sworn declaration that the work authorized by the land use approval will be delayed as a result of adverse market conditions or inability, to secure financing; and c. The extension request is for an issued land use approval to expire between January 1st, 2009 and March ist,2012. 2. Any permit application for a permit identified in the previous Section 1 pending on January 1, 2009, shall be extended and remain vested for a period of two (2) years from the date of expiration of such permit application (whether or not expired) provided the following criteria are met: a. The applicant files a written extension request with applicable fee on form provided by the County no later than March 1, 2012. b. The extension request includes a sworn declaration that the completion of the pending permit application was or will be delayed as a result of adverse market conditions or inability to secure financing. 3. The time extension shall be granted by the official who granted the underlying permit, that being either the Zoning Administrator or Whatcom County Hearing Examiner. 4 An applicant may apply for other extensions identified in the applicable Whatcom County Code if submitted prior to the conclusion of this two (2) year one-time extension. Section 2: Amend the Whatcom County Land Division ordinance, Chapter 21.01 as follows: One -Time Economic Hardship Extension of Permit Expirations 1. A one-time two (2) year time extension of vested status for any terms, satisfying additional requirements, conditions or other dates including expiration of the date to record a final short subdivision, exempt land division, subdivision, and general or specific binding site plan, shall be granted if all of the following criteria are met: -3- .;. I a. The applicant files a written extension request with applicable fee 2 on forms provided by the County no later than March 1st 2012. 3 b. The extension request includes a sworn declaration that the work 4 authorized by the land use approval will be delayed as a result of 5 adverse market conditions or inability to secure financing; and 6 c. The extension request is for an issued land use approval or notice 7 of additional requirements to expire between January 1st, 2009 and 8 March 1st, 2012. 9 2. Any application for an exempt land division, short subdivision, subdivision, 10 and a general or specific binding site plan pending on January 1, 2009, 11 shall be extended and remain vested for a period of two (2) years from 12 the date of expiration of such application (whether or not expired) 13 provided the following criteria are met: 14 a. The applicant files a written extension request with applicable fee 15 on forms provided by the County no later than March 1, 2012. 16 b. The extension request includes a sworn declaration that the 17 pending application was or will be delayed as a result of adverse 18 market conditions or inability to secure financing. 19 3. The time extension shall be granted by the official who granted the 20 underlying preliminary land division or notice of additional requirements, 21 that being either the Subdivision Administrator or Whatcom County 22 Hearing Examiner. 23 4. An applicant may apply for other extensions identified in the applicable 24 Whatcom County Code if submitted prior to the conclusion of this two (2) 25 year one-time extension. 26 27 Section 3: Amend the Whatcom County Critical Areas Ordinance, Chapter16.16.255 as 28 follows: 29 30 31 D. Critical areas assessment reports shall generally be valid for a period of 32 five years. Future land use applications may require preparation of new or 33 supplemental critical area assessment reports unless it can be 34 demonstrated to the satisfaction of the technical administrator that the 35 previously prepared report is adequate for current analysis. The technical 36 administrator may also require the preparation of a new critical area 37 assessment report or a supplemental report when new information is 38 found demonstrating that the initial assessment is in error. If the technical 39 administrator requires more information in the report, he/she shall make 40 the request in writing to the applicant stating what additional information 41 is needed and why. 42 -4- 485 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 H. A one-time two (2) year time extension for critical area assessment reports shall be granted if all of the following criteria are met: 1. The applicant files a written extension request with applicable fee on forms provided by the County no later than March 1st 2012. 2. The extension request includes a sworn declaration that the work authorized by the land use approval will be delayed as a result of adverse market conditions or inability to secure financing; and 3. The extension request is for an issued land use approval to expire between March 1st, 2010 and March 1st 2012. The time extension shall be granted by the official who approved the critical area assessment report, that being either the Technical Administrator or Whatcom County Hearing Examiner. Section 4: Amend the Whatcom County Critical Areas Ordinance, Chapter16.16.375 as follows: C. A geological assessment for a specific site may be valid for a period of up to five years when the proposed land use activity and site conditions affecting the site are unchanged. However, if any surface and subsurface conditions associated with the site change during that five-year period, the applicant may be required to submit an amendment to the geological assessment. D. A one-time two (2) year time extension for geologic assessment reports shall be granted if all of the following criteria are met: 4. The applicant files a written extension reauest with applicable fee on forms provided by the County no later than March 1st 2012. 5. The extension request includes a sworn declaration that the work authorized by the land use approval will be delayed as a result of adverse market conditions or inability to secure financing; and 6. The extension request is for an issued land use approval to expire between March 1st, 2010 and March 1st 2012. The time extension shall be granted by the official who approved the geologic assessment report, that being either the Technical Administrator or Whatcom County Hearing Examiner. -5- M WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-376 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: �UvU1EC v E � � /j 2 D Lam" �C 10/26/10 Introduction 11/09/10 Hearing Division Head: OCT 19 2010 WHATCOM COUNTY Dept. Head: 11/23/2010 Council Prosecutor: Purchastn / udget: b13 101 t ,�COUNCIL Executive: JJ 1 �, /O TITL OFDOC(TMENT. An Ordinance in the Matter of the Adoption of the Final Budget of Whatcom County for the Biennium 2011-2012 and Restricting the Expenditure of Certain Funds Therein. ATTACHMENTS. Proposed Ordinance, Appendix A - Executive's Budget, Appendix B —Authorized Positions SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing ? ( x ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This proposed ordinance adopts the Whatcom County 2011-2012 budget and places restrictions on the expenditures of certain funds. COMMITTEE ACTION. COUNCIL ACTION: 10/26/2010: Introduced 11/09/2010: Council postponed to 11/23/2010 written record held open until 11/23/2010 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 Coun 's website at: www.co.whatcom.wa.us/council. rv# INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: October 26, 2010 ORDINANCE NO. AN ORDINANCE IN THE MATTER OF THE ADOPTION OF THE FINAL BUDGET OF WHATCOM COUNTY FOR THE BIENNIUM 2011-2012 AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN WHEREAS, pursuant to and in conformity with the provisions of the Whatcom County Home Rule Charter, Section 6.10, relating to the County budget process, the Whatcom County Executive did complete and place on file a Preliminary Budget for Whatcom County for the biennium 2011-2012; and, WHEREAS, following the completion of the Preliminary Budget, which was presented to the Council on October 15, 2010, a notice was published in the County's official newspaper; and, WHEREAS, several meetings of the Council's Finance and Personnel Committee took place in the ensuing weeks to analyze the amounts set forth for each department in the budget and to make recommendations for changes; and WHEREAS, the County Council and its Finance and Personnel Committee have analyzed the amounts set forth in the budget in reference to deciding whether the amounts were proper and necessary amounts to be used by the various departments of Whatcom County for the biennium 2011-2012; and WHEREAS, notice was published in the County's official newspaper that the Council would have a hearing to further consider the preliminary budget as presented by the Executive and the recommended changes from the Council Finance and Personnel Committee, together with the Committee's proposed restrictions on the expenditure of certain appropriations, and said public hearing took place. Page 1 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council: Section I. Adoption of Budget The amounts set forth below are adopted as the Whatcom County Budget for the biennium 2011- 2012: FUND/DEPT. GENERAL FUND 2011 Appropriation 2012 Appropriation Assessor 2,748,664 2,811,792 Auditor 1,226,126 1,280,960 Council 933,765 969,228 Executive 5 89,25 5 603,465 Planning & Development 5,087,269 5,195,898 Treasurer 1,299,323 1,358,505 Sheriff 13,445,047 13, 595,569 District Court 1,960,280 1,999,966 District Court Probation 1,623,160 1,709,803 Hearing Examiner 176,351 180,641 Juvenile Administration 4,157,043 4,364,502 Prosecuting Attorney 5,618,377 5,816,665 Public Defender 3,409,730 3,409,407 Superior Court/Clerk 3,509,439 3,547,512 County Clerk 1,409,922 1,495,777 Extension 325,644 327,018 Non -Departmental 10,633,783 10, 889,611 Parks and Recreation 3,335,349 3,607,521 Public Health 11,929,267 12,217,352 TOTAL GENERAL FUND 73,416,794 75,381,192 Page 2 • Fund No. OTHER FUNDS 2011 Appropriation 2012 Appropriation 108 County Road 25,836,692 22,820,24 109 Election Reserves 1,311,910 1,406,688 114 Veterans Relief Fund 401,588 403,273 118 Whatcom County Jail 12,710,735 13,064,251 121 Low -Income Housing Projects 165,000 165,00 122 Homeless Housing 1,473,456 1,313,64 123 Stormwater Fund 2,369,268 2,139,801 124 Chemical Dependency/Mental Health 3,380,569 3,323,68 130 County Wide E.M.S. 2,528,966 2,538,10 135 WC Trial Court Improvement 43,235 29,735 137 LEOFF I Healthcare Fund 550,000 450,00 140 Solid Waste 1,159,494 922,65 141 WC Convention Center 332,580 322,58 142 Victim Witness 142,874 147,30 151 Community Development 5,000 5,00 154 Road Improve # 1 28,811 30,811 155 Road Improve #2 2,088 2,188 159 Road Improve#7 3,182 3,18 165 WC Dru Fund 608,967 571,96 166 Auditor's O&M 223,412 227,97 167 Emergency Management 750,90 ]. 315,41 170 Pt. Roberts Fuel Tax 10 350,00 175 Conservation's Future 299,474 139,47 242 1997 Ltd Tax GO & Refund Bond 1,200,591 190,66 243 1998 Ltd Tax GO Bond 256,583 253,933 244 2003 Ltd Tax GO & Refund Bond 438,261 440,141 324 REET H 2,568,800 1,277,00 326 REET 1,396,578 362,15. 330 Parks Improvement Fund 0 141,93 332 Public Utilities Improvement Fund 255,673 852,133 444 Ferry System 2,666,188 2,716,10 501 ER&R 9,825,613 10,274,893 507 Administrative Services 19,975,323 20,593,265 Total Other Funds 92 911 807 87,795,221 Page 3 e Section U. Provisions Restricting Expenditures Pursuant to Section 6.60 of the Whatcom County Home Rule Charter, the following provisions restricting the expenditure of certain appropriations are enacted for the 2011-2012 biennium. These provisions are an integral part of the official budget of Whatcom County and shall be published therewith, and are adopted as the Whatcom County Budget for the 2011-2012 biennium: (A) This department/fund level appropriation is based upon the backup detail budget, as attached, and as contained in the document titled Whatcom County 2011-2012 Budget, Exhibit A (although labeled as Exhibit A to this ordinance, it is not attached herewith; rather it is kept on permanent file in the Whatcom County Council Office). Authorized Personnel positions cannot be increased during the biennium except by approval of the County Council. Positions approved at less than a full-time equivalent may be increased subject to the availability of funds and the consent of the County Executive, but shall not be considered a permanent change in authorized levels. The monies allocated to Salaries and Wages, Personnel Benefits and Capital Outlay can be transferred only with the prior approval of the County Executive. (B) All construction work funded herein for which the estimated cost is over $25,000 shall be bid out to private contractors, pursuant to the bid procedures contained in the Whatcom County Code, Chapter 3.08, and applicable state laws, except as the Council may specifically authorize. (C) Appropriation authority for any budgeted personnel position which becomes vacant during 2011-2012 shall continue unless the Council by motion identifies the position as one in need of review. (D) Administration of the budget is the responsibility of the County Executive and therefore the County Executive is authorized to manage County budgets by transferring appropriation authority between departments within the General Fund, and between accounts and cost centers within other county funds. (E) $1,000,000 of the adopted Undesignated Ending Fund Balance as provided for in this ordinance shall be maintained in a Rainy Day Reserve Account, and such monies shall only be appropriated upon a two-thirds affirmative vote of the entire County Council. In administering this Rainy Day Reserve Fund: (1) The County Treasurer shall be empowered to use the Rainy Day Reserve Fund to manage the cash flow needs of all County Funds by making short-term loans (less than six months) without interest, and without the need to get Council/Executive permissions. (2) Longer term loans (more than six months) can be made to other funds, but only with County Council approval. (3) Any investment income earned as a result of the Rainy Day Reserve Fund shall be credited to the General Fund general revenues. Page 4 491 (F) Expenditure authority granted in this ordinance is based on revenue projections contained in Exhibit A. If it is evident that a department's revenues will fall short of the department's budgeted revenues in any calendar year, the department head will submit a plan to the County Executive to reduce departmental expenditures sufficient to offset the revenue shortfall within the same calendar year. (G) Grant and restricted revenue shall be used first to pay for all eligible expenditures before any unrestricted General Fund general revenue is used as local funding for eligible expenditures. BE IT FURTHER ORDAINED, to authorize the County Council staff to make such clerical, scriveners, or mathematical changes necessary to correct inadvertent errors that may have occurred. ADOPTED this day of , 2010. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Sam Crawford, Council Chair APPROVED as to form: Civil Deputy Prosecutor () Approved () Denied Pete Kremen, Executive Date: Page 5 492 Exhibit B - Authorized Positions With Vacancies Adopted 2009 Totals 2010 Addtns & Adjustmt Beginning 2010 Totals 2010 Addtns & Adj 9/1/10 Authorized as of 9/1/2010 Proposed Changes/ Closures 2011 Totals 2011 to 2012 Changes 2012 Totals ADMINISTRATIVE SERVICES Administration Director 0.00 0.00 0.00 0.40 0.40 0.40 Administrative Supervisor 1.00 1.00 1.00 1.00 1.00 Admin Secretary/Grant Coordinator 0.40 0.40 0.40 0.40 0.40 Conservation Resource Analyst 1.00 1.00 1.00 1.00 1.00 Information/Comm Coordinator 1.00 1.00 1.00 1.00 0.00 0.00 3.40 0.00 3.40 0.00 3.40 (0.60) 2.80 0.00 2.80 Finance Finance Manager 1.00 1.00 1.00 1.00 1.00 Associate Manager 1.00 1.00 1.00 1.00 1.00 Budget Analyst 1.80 1.80 1.80 1.80 1.80 Accountant 1.00 1.00 1.00 1.00 1.00 Financial Accountant 4.00 4.00 4.00 4.00 4.00 Payroll Supervisor 1.00 1.00 1.00 1.00 1.00 Payroll Benefits Specialist 1.00 1.00 1.00 1.00 1.00 Senior Purchasing Coordinator 1.00 1.00 1.00 1.00 1.00 Account Clerk 1.00 1.00 1.00 (1.00) 0.00 0.00 Administrative Assistant 0.00 0.00 0.00 0.00 0.00 12.80 0.00 12.80 0.00 12.80 (1.00) 11.80 0.00 11.80 Facilities Management Facilities Manager 1.00 1.00 1.00 1.00 1.00 Facilities Assistant 1.00 1.00 1.00 1.00 1.00 Division Secretary 1.00 1.00 1.00 (1.00) 0.00 0.00 Construction Project Coordinator 1.00 1.00 1.00 1.00 1.00 Facilities Technical Specialist 3.00 3.00 3.00 3.00 3.00 Facilities Maintenance Lead 1.00 1.00 1.00 1.00 1.00 Facilities Maintenance Technician 3.00 3.00 3.00 3.00 3.00 Custodial Coordinator 1.00 1.00 1.bo 1.00 1.00 Custodian 11.00 1.00 10.00 10.00 10.00 4.00 6.00 23.00 (1.00) 22.00 0.00 22.00 (1.00) 21.00 (4.00) 17.00 Information Technology Information Technology Manager 1.00 1.00 1.00 1.00 1.00 Administrative Assistant 0.00 0.00 0.00 1.00 1.00 1.00 Administrative Secretary 1.00 1.00 1.00 (1.00) 0.00 0.00 Associate Manager 0.00 0.00 0.00 1.00 1.00 1.00 Systems Team Supervisor 1.00 1.00 1.00 (1.00) 0.00 0.00 Systems Administrator 6.00 1.00 7.00 7.00 7.00 (1-00)1 6.00 Systems Support Specialist 1.00 1.00 1.00 1.00 1.00 Service Desk Technician 1.00 1.00 1.00 1.00 1.00 Project Coordinator 0.50 0.50 0.10 0.60 0.10 0.70 (0.70) 0.00 Systems Analyst 2.00 2.00 2.00 2.00 2.00 Applications Team Supervisor 1.00 1.00 1.00 (1.00) 0.00 0.00 Applications Administrator 5.00 5.00 5.00 1.00 6.00 6.00 Applications Specialist (ATS) 1.00 1.00 1.00 (1.00) 0.00 0.00 Applications Technician 0.75 0.75 0.75 0.75 0.75 Applications Developer 1.00 (1.00) 0.00 0.00 0.00 0.00 GIS Administrator 1.00 1.00 1.00 (1.00) 0.00 0.00 GIS Developer 0.00 0.00 0.00 0.00 0.00 Services Team Supervisor 1.00 1.00 1.00 (1.00) 0.00 0.00 Records & Project Administrator 0.00 0.00 0.00 1.00 1.00 1.00 I:\BLIDGE RNext Year\Ordinances\2011-2012 Ordinances\Position Control for 2011-2012bgt.xls 10/14/201 dR3 PM Exhibit B - Authorized Positions With Vacancies Coordinator Adopted 2009 Totals 2010 Addtns & Adjustmt Beginning 2010 Totals 2010 Addtns & Adj 9/1/10 Authorized as of 9/1/2010 Proposed Changes/ Closures 2011 Totals 2011 to 2012 Changes 2012 Totals 1.00 1.00 1.00 1.00 1.00 Clerk 4.00 (1.00) 3.00 3.00 (3.00) 0.00 0.00 Clerk/Receptionist 1.00 1 1.00 1.00 1.00 1.00 Communication Specialist 1.00 (1.00) 0.00 1010 0.00 0.00 0.00 31.25 (2.00) 29.25 29.35 (4.90) 24.45 (1.70) 22.75 Courthouse Security & Communic. CH Security & Communications Mgr. 0.00 0.00 0.00 0.00 0.00 Communication Specialist 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00, 0.00 0.00 0.00 0.00 0.00 0.00 Human Resources Human Resources Manager 1.00 1.00 1.00 1.00 1.00 Employee Relations Manager 1.00 1.00 1.00 1.00 1.00 Human Resources Representative 4.50 4.50 4.50 (1.50) 3.00 3.00 Administrative Clerk 0.00 0.00 0.00 0.80 0.80 0.80 Human Resources Clerk 0.50 0.50 0.50 (0.50) 0.00 0.00 Office Coordinator 1.00 1.00 1.00 1.00 1.00 8.00 0.00 8.00 0.00 8.00 1.20 6.80 0.00 6.80 TOTAL ADMINISTRATIVE SERVICES 78.45 3.00 75.45 0.10 75.55 8.70 66.85 5.70 61.15 ASSESSOR Assessor 1.00 1.00 1.00 1.00 1.00 _ Chief Deputy 1.00 1.00 1.00 1 1.00 1.00 Administrative Assistant 2.00 2.00 2.00 (1.00) 1.00 1.00 Property Data Supervisor 1.00 1.00 1.00 1.00 1.00 Office Manager 1.00 1.00 1.00 1.00 1.00 Program Technician 1.00 1.00 1.00 1.00 1.00 Clerk 4.00 _ 4.00 4.00 4.00 4.00 Clerk/Receptionist 2.00 2.001 2.00 2.00 2.00 Personal Property Clerk 2.00 2.00 2.00 2.00 2.00 Drafter/GIS Technician 2.00 2.00 2.00 (1.00) 1.00 1.00 Appraiser 13.00 13.00 13.00 13.00 13.00 TOTAL ASSESSOR 30.00 0.00 30.00 0.00 30.00 2.00 28.00 0.00 28.00 AUDITOR Auditor 1.00 1.00 1.00 1.00 1.00 Chief Deputy 1.00 1.00 1.00 1.00 1.00 Internal Auditor 1.00 1.00 1.00 (1.00) 0.00 0.00 Records/Licensing Supervisor 1.00 1.00 1.00 1.00 1.00 Coordinator 1.00 1.00 1.00 1.00 1.00 Clerk 9.00 9.00 9.00 (1.00) 8.00 8.00 Elections 0.00 0.00 Elections Supervisor 1.00 1.00 1.00 1.00 1.00 Office Coordinator 1.00 1.00 1.00 1.00 1.00 Coordinator 1.00 1.00 1.00 1.00 1.00 Clerk 4.00 4.00 4.00 4.00 4.00 TOTAL AUDITOR 21.00 0.00 21.00 0.00 21.00 2.00 19.00 0.00 19.00 COUNTY COUNCIL Clerk of the Council 1.00 1.00 1.00 1.00 1.00 Deputy Clerk 1.00 1.00 1.00 1.00 1.00 Confidential Clerk 1.00 1.00 1.00 1.00 1.00 Council Member 3.50 3.50 3.50 3.50 3.50 I:\BUDGET\Next Year\Ordinances\2011-2012 Ordinances\Position Control for 2011-2012bgt.xls 10/14/201 da4PM Exhibit B - Authorized Positions With Vacancies Planning & Policy Analyst Adopted 2009 Totals 2010 Addtns & Adjustmt Beginning 2010 Totals 2010 Addtns & Adj 9/1/10 Authorized as of 9/1/2010 Proposed Changes/ Closures 2011 Totals 2011 to 2012 Changes 2012 Totals 1.00 1.00 1.00 (1.00) 0.00 0.00 Senior Secretary 1.00 1.00 1.00 1.00 1.00 Administrative Clerk 1.00 1.00 1.00 1.00 1.00 Confidential Clerk/Receptionist 1.00 1.00 1.00 1.00 1.00 TOTAL COUNTY COUNCIL 10.50 0.00 10.50 0.00 10.50 111M 9.50 0.00 9.50 COUNTY EXECUTIVE Executive 1.00 1.00 1.00 1.00 1.00 Deputy Administrator 1.00 1.00 1.00 (0.40) 0.60 0.60 Executive Assistant 1.00 1.00 1.00 1.00 1.00 Executive Secretary 1.00 1.00 1.00 1.00 1.00 Admin Secretary/Grant Coordinator 0.40 0.40 0.40 0.40 0.40 TOTAL COUNTY EXECUTIVE 4.40 0.00 4.40 0.00 4.40 0.40 4.00 0.00 4.00 DISTRICT COURT Judge 2.00 2.00 2.00 2.00 2.00 District Court Commissioner 1.00 1.00 1.00 1..00 1.00 District Court Administrator 0.00 0.00 0.00 0.50 0.50 0.50 Chief Deputy Clerk 1.00 1.00 1.00 1.00 1.00 Jury Coordinator 1.00 1.00 1.00 1.00 1.00 Coordinator 2.00 2.00 2.00 2.00 2.00 Accounting Technician 1.00 1.00 1.00 (1.00) 0.00 0.00 Clerk 4.00 4.00 4.00 4.00 4.00 Clerk/Receptionist 1.00 1.00 1.00 1.00 (1.00) 0.00 Calendar Coordinator 2.00 2.00 2.00 2.00 2.00 Senior Court Clerk 1.00 1.00 1.00 1.00 1.00 Court Clerk 4.00 4.00 4.00 1.00) 3.00 3.00 TOTAL DISTRICT COURT 20.00 0.00 20.00 0.00 20.00 1.50 18.50 1.00 17.50 DISTRICT COURT PROBATION District Court Probation Administrator 1.00 1.00 1.00 (0.50) 0.50 0.50 Probation Manager 1.00 1.00 1.00 1.00 1.00 Lead Probation Officer 1.00 1.00 1.00 1.00 1.00 Probation Officer 9.50 9.50 9.50 9.50 9.50 Administrative Assistant 1.00 1.00 1.00 (1.00) 0.00 0.00 Substance Abuse Specialist 1.00 1.00 1.00 (0.30) 0.70 0.70 Senior Clerk 1.00 1.00 1.00 1.00 1.00 Clerk 3.00 3.00 3.00 1.00 2.00 2.00 TOTAL DISTRICT COURT PROBAI-ION 18.50 0.00 18.50 0.00 18.50 2.80) 15.70 0.00 15.70 EXTENSION Clerk 0.90 0.90 0.90 0.10 1.00 1.00 Coordinator 1.00 1.00 1.00 1.00 1.00 Master Composter/ Rec cler Coord. 0.52 0.52 0.52 0.52 0.52 TOTAL EXTENSION 2.42 0.00 1 2.42 0.00 2.421 0.10 2.52 0.00 2.52 HEALTH Health Officer 0.60 0.60 0.60 0.60 0.60 Health Department Director 1.00 1.00 1.00 1.00 1.00 Assistant Director 1.00 1.00 1.00 1.00 1.00 Community Health Manager 1.00 1.00 1.00 1.00 1.00 Environmental Health Svcs Manager 1.00 1.00 1.00 1.00 1.00 Disease Ctrl & Emerg. Resp. Mgr. 1.00 1.00 1.00 (1.00) 0.00 0.00 Client Services Supervisor 1.00 1.00 1.00 (1.00) 0.00 0.00 Public Health Nurse Supervisor 3.00 3.00 3.00 3.00 3.00 (:\BUDGE RNext Year\Ordinances\2011-2012 Ordinances\Position Control for2011-2012bgt.xls 10/14/201 PM Exhibit B - Authorized Positions With Vacancies Public Health Nurse Adopted 2009 Totals 2010 Addtns & Adjustmt Beginning 2010 Totals 2010 Addtns & Adj 9/1/10 Authorized as of 9/1/2010 Proposed Changes/ Closures 2011 Totals 2011 to 2012 Changes 2012 Totals 15.30 15.30 15.30 (4.00) 11.30 (0.30) 11.00 Epidemiologist 0.00 0.00 0.00 0.00 1.00 1.00 Medical Assistant 1.00 1.00 1.00 1.00 1.00 Nutrition Supervisor 1.00 1.00 1 1.00 1.00 (1.00) 0.00 Nutritionist 2.00 2.00 2.00 2.00 (1.00) 1.00 WIC Certifier 2.70 2.70 2.70 0.80 2.70 (2.70) 0.00 Social Worker 0.80 0.80 0.80 0.20 1.00 Care Coordinator 0.80 0.80 0.80 0.80 (0.80) 0.00 Business Services Supervisor 1.00 1.00 1.00 1.00 1.00 Financial Services Coordinator 1.00 1.00 1.00 1.00 1.00 1.00 Technical Services Coordinator 1.00 1.00 (1.00) 0.00 0.00 Accountant 0.00 0.00 1.00 1.00 1.00 1.00 Account Clerk 1.50 1.50 1.50 0.50 2.00 2.00 Clerk 1.00 1.00 1.00 1.00 1.00 Office Coordinator 1.00 1.00 1.00 1.00 1.00 Clerk/Typist 15.00 (1.00) 14.00 14.00 (1.00) 13.00 (2.00) 11.00 Prevention Coordinator 4.00 4.00• (3.00) 1.00 1.00 (1.00) 0.00 Community Health Specialist 0.00 0.00 2.00 2.00 (1.00) 1.00 1.00 Environmental Health Supervisor 3.00 3.00 3.00 3.00 3.00 Environmental Health Specialist 16.50 16.50 16.50 (3.50) 13.00 13.00 Human Services Manager 1.00 1.00 1.00 0.50 1.00 1.00 Contract Coordinator 0.50 0.50 0.50 1.00 1.00 Program Specialist 5.00 5.00 1.00 6.00 (1.00) 5.00 5.00 Health Information Specialist 1.00 1.00 1.00 1.00' 1.00 Data Applications Specialist 1.00 1.00 1.00 1.00 1.00 TOTAL HEALTH 86.70 1.00 85.70 1.00 86.70 12.50 74.20 7.60 66.60 HEARING EXAMINER Coordinator 1.00 1.00 1.00 1.00 1.00 TOTAL HEARING EXAMINER 1.00 0.00 1.00 0.00 1.00 0.00 1.00 0.00 1.00 JAIL Chief Corrections Officer 1.00 1.00 1.00 1.00 1.00 Inspector 0.50 0.50 0.50 0.50 0.50 Lieutenant 2.00 2.00 2.00 2.00 2.00 Corrections Sergeant 8.00 8.00 1 8.00 8.00 8.00 Corrections Deputy 66.00 66.00 66.00 (2.00) 64.00 (1.00) 63.00 Administrative Coordinator 1.00 1.00 1.00 1.00 1.00 Records Specialist 5.00 (1.00) 4.00 4.00 (1.00) 3.00 3.00 Account Clerk 2.00 2.00 2.00 2.00 2.00 Lead Work Crew Coordinator 1.00 1.00 1.00 1.00 (1.00) 0.00 Work Crew Coordinator 6.00 6.00 6.00 6.00 6.00 TOTAL JAIL 92.50 1.00 91.50 0.00 1 91.50 3.00 88.50 (2.00) 86.50 JUVENILE COURT ADMIN. Juvenile Court Administrator 1.00 1.00 1.00 1.00 1.00 Community Programs Manager 1.00 1.00 1.00 0.60 (1.00) 0.00 0.00 Community Justice Technician 0.60 0.60 (0.60) 0.00 0.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Assistant Administrator 1.00 1.00 1.00 1.00 1.00 Case Aide Monitor 2.00 2.00 2.00 (2.00) 0.00 0.00 Clerk 1.00 1.00 1.00 1.00 1.00 Accounting Technician 1.00 1.00 1.00 1.00 1.00 Account Clerk 1.00 1.00 1.00 1.00 1.00 I:\BUDGET\Next Year\Ordinances\2011-2012 Ordinances\Position Control for 2011-2012bgt.xls 10/14/201 PM Exhibit B - Authorized Positions With Vacancies Legal Secretary Adopted 2009 Totals 2010 Addtns & Adjustmt Beginning 2010 Totals 2010 Addtns & Adj 9/1/10 Authorized as of 9/1/2010 Proposed Changes/ Closures 2011 Totals 2011 to 2012 Changes 2012 Totals 5.00 5.00 5.00 (1.00) 4.00 4.00 Probation Officer 11.00 11.00 11.00 (1.00) 10.00 10.00 Detention Manager 1.00 1.00 1.00 1.00 1.00 Juvenile Detention Officer 15.00 15.00 15.00 15.00 15.00 Nurse Practioner 0.70 0.70 0.70 0.70 0.70 Medical Assistant 0.50 0.50 0.50 (0.50) 0.00 0.00 CASA Volunteer Coordinator 1.00 1.00 1.00 (0.30) 0.70 0.70 Day Reporting Coordinator 1.00 1.00 1.00 (1.00) 0.00 0.00 Service Learning Coordinator 1.00 1.00 1.00 (1.00) 0.00 0.00 Program S ecialist 1.00 1.00 1.00 1.00 1.00 TOTAL JUVENILE COURT ADMIN. 46.80 0.00 46.80 0.00 46.80 8.40 38.40 0.00 38.40 PARKS & RECREATION Administration Director 1.00 1.00 1.00 1.00 1.00 Accountant 1.00 1.00 1.00 1.00 1.00 Coordinator 0.00 0.00 0.00 0.00 0.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Clerk/Receptionist 1.00 1.00 1.00 (1.00) 0.00 0.00 Division Secretary 0.00 0.00 1.00 1.00 1.00 1.00 Design & Development Supervisor 1.00 1.00 1.00 1.00 1.00 Cultural Arts Program Recreation & Arts Coordinator 1.00 (1.00) 0.00 0.00 0.00 0.00 Maintenance Worker 1.00 (1.00) 0.00 0.00 0.00 0.00 Senior Citizen's Program Recreation & Senior Services Mgr. 1.00 1.00 1.00 1.00 1.00 Senior Center Coordinator 4.00 4.00 4.00 (1.00) 3.00 (3.00) 0.00 _ Division Secretary 1.00 _ 1.00 (1.00) 0.00 0.00 0.00 Maintenance Worker 1.00 1.00 1.00 1.00 1.00 Park Facilities Park Operations Manager 1.00 1.00 1.00 1.00 1.00 Lead Park Ranger 3.00 3.00 3.00 3.00 3.00 Range Master 1.00 1.00 1.00 1.00 1.00 Park Ranger 3.00 3.00 3.00 (1.00) 2.00 1.00 3.00 Assistant Range Master 1.00 1.00 1.00 (1.00) 0.00 0.00 Horticulturist 1.00 (1.00) 0.00 0.00 0.00 0.00 Maintenance/Construction Supervisor 1.00 1.00 1.00 1.00 1.00 Outside Maintenance Coordinator 2.00 2.00 2.00 2.00 2.00 Repair Maintenance 1.00 1.00 4.00 5.00 5.00 5.00 Carpenter/Repair Maintenance 4.00 4.00 (4.00) 0.00 0.00 0.00 Maintenance Worker 0.75 0.75 0.75 0.75 0.75 Outdoor Recreation Program Coordinator 1.00 1.00 1.00 1.00 0.00 0.00 TOTAL PARKS & RECREATION 33.75 (3.00) 30.75 0.00 30.75 (5.00) 25.75 2.00 23.75 PLANNING & DEVELOP. SVCS. Director 1.00 1.00 1.00 1.00 1.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Special Projects Manager 0.00 0.00 0.00 0.00 0.00 Applications Specialist 1.00 1.00 1.00 (1.00) 0.00 0.00 Clerk 3.00 (1.00) 2.00 2.00 (2.00) 0.00 0.00 Assistant Director 1.00 1.00 1.00 (1.00) 0.00 0.00 Division Manager 1.00 1.00 1.00 1.00 1.00 Division Secretary 3.00 3.00 3.00 3.00 3.00 I:\BUDGET\Next Year\Ordinances\2011-2012 Ordinances\Position Control for 2011-2012bgt.xls 10/14/2014W PM Exhibit B - Authorized Positions With Vacancies GIS Specialist Adopted 2009 Totals 2010 Addtns & Adjustmt Beginning 2010 Totals 2010 Addtns & Adj 9/1/10 Authorized as of 9/1/2010 Proposed Changes/ Closures 2011 Totals 2011 to 2012 Changes 2012 Totals 2.00 2.00 2.00 (1.00) 1.00 1.00 Planner 28.00 2.00 30.00 30.00 (6.00) 24.00 24.00 Coordinator 1.00 1.00 1.00 1.00 1.00 Public Service Inspector 6.00 6.00 6.00 (1.00) 5.00 5.00 Fire Inspector 2.00 2.00 2.00 2.00 2.00 Burn/Fire Inspector 1.00 1.00 1.00 (1.00) 0.00 0.00 Plans Examiner 3.60 3.60 3.60 (1.60) 2.00 2.00 Permit Coordinator 1.00 (1.00) 0.00 0.00 0.00 0.00 Permit Center Specialist 0.00 1.00 1.00 1.00 1.00 1.00 Permit Center Technician 3.00 1.00 4.00 4.00 (3.00) 1.00 1.00 Planning Technician 4.00 (3.00) 1.00 1.00 (1.00) 0.00 0.00 PDS Supervisor 5.00 5.00 5.00 1.00 4.00 4.00 TOTAL PLANNING & DEVELOPMENT 67.60 1.00 66.60 0.00 66.60 19.60 47.00 0.00 47.00 PROSECUTING ATTORNEY Prosecuting Attorney 1.00 1.00 1.00 1.00 1.00 Chief Criminal Deputy 1.00 1.00 1.00 1.00 1.00 Chief Civil Deputy 1.00 1.00 1.00 1.00 1.00 Assistant Chief Criminal Deputy 1.00 1.00 1.00 1.00 1.00 Assistant Chief Civil Deputy 1.00 1.00 1.00 1.00 1.00 Deputy 20.10 20.10 20.10 (1.70) 18.40 18.40 Coordinator 1.00 1.00 1.00 1.00 1.00 Legal Assistant 15.00 15.00 15.00 (1.00) 14.00 14.00 Confidential Secretary 1.00 1.00 1.00 1.00 1.00 Clerk 2.00 2.00 2.00 (1.00) 1.00 1.00 Administrative Manager 1.00 1.00 1.00 1.00 1.00 Paralegal 3.00 3.00 3.00 3.00 3.00 Domestic Relations Coordinator 4.00 4.00 4.00 4.00 4.00 Victim Witness Coordinator 0.00 0.00 0.00 0.00 0.00 Sexual Assault Case Specialist 1.00 1.00 1.00 1.00 1.00 Domestic Violence Case Specialist 1.00 1.00 1.00 1.00 1.00 Law Library 0.00 Librarian 0.50 0.50 0.50 0.50 0.50 TOTAL PROSECUTING ATTORNEY 54.60 0.00 54.60 0.00 54.60 3.70 50.90 0.00 50.90 PUBLIC DEFENDER Public Defender 1.00 1.00 1.00 1.00 1.00 Chief Deputy 1.00 1.00 1.00 1.00 1.00 Deputy 18.00 (2.00) 16.00 16.00 (1.00) 15.00 15.00 Office Administrator 1.00 1.00 1.00 1.00 1.00 Investigations Supervisor 1.00 1.00 1.00 1.00 1.00 Investigator 3.00 3.00 3.00 3.00 3.00 Legal Assistant 7.00 7.00 7.00 7.00 (1.00) 6.00 Administrative Secretary 1.00 1.00 1.00 1.00 1.00 Clerk/Receptionist 2.80 2.80 2.80 2.80 (2.00) 0.80 Social Services Coordinator 1.00 1.00 1.00 1.00 0.00 0.00 TOTAL PUBLIC DEFENDER 36.80 (2.00) 34.80 0.00 34.80 2.00 32.80 3.00 29.80 PUBLIC WORKS Adm ininistration/Accounting Director 1.00 1.00 1.00 1.00 1.00 Assistant Director 1.00 1.00 1.00 1.00 1.00 Accounting Supervisor 1.00 1.00 1.00 1.00 1.00 Financial Accountant 1.00 1.00 1.00 1.00 1.00 Accounting Technician 2.00 2.00 2.00 2.00 2.00 I:\BUDGET\Next Year\Ordinances\2011-2012 Ordinances\Position Control for 2011-2012bgt.xls 10/14/201 d88 PM Exhibit B - Authorized Positions With Vacancies Account Clerk Adopted 2009 Totals 2010 Addtns & Adjustmt Beginning 2010 Totals 2010 Addtns & Adj 9/1/10 Authorized as of 9/1/2010 Proposed Changes/ Closures 2011 Totals 2011 to 2012 Changes 2012 Totals . 0.00 0.00 0.00 0.00 0.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 DSS Administrator 1.00 1.00 1 1.00 (1.00) 0.001 0.00 Safety/Training Specialist 1.00 1.00. 1.00 1.00 1.00 Clerk/Receptionist 2.50 (0.50) 2.00 2.00 2.00 2.00 Clerk 0.00 0.00 0.00 0.00 0.00 Coordinator 1.00 1.00 1.00 1.00 1.00 Special Projects Manager 1.00 1.00 1.00 1.00 1.00 Real Estate Manager 1.00 1.00 1.00 1.00 0.00 0.00 14.50 (0.50) 14.00 0.001 14.00 (2.00) 12.00 0.00 12.00 Engineering Assistant Director 1.00 1.00 1.00 1.00 1.00 Administrative Secretary 1.00 1.00 1.00 1.00 1.00 Division Secretary 0.00 0.00 0.00 0.00 0.00 Clerk 1.00 1.00 1.00 (1.00) 0.00 0.00 Records Assistant 1.00 1.00 1.00 1.00 1.00 Engineering Manager 4.00 4.00 4.00 4.00 4.00 Engineer 5.00 5.00 5.00 5.00 5.00 Planner 2.00 2.00 2.00 2.00 2.00 Coordinator 1.00 1.00 1.00 1.00 1.00 Survey Technician 3.00 3.00 3.00 3.00 3.00 Senior Professional Land Surveyor 2.00 2.00 2.00 2.00 2.00 Special Projects Manager 1.00 1.00 1.00 (1.00) 0.00 0.00 Permit Center Technician 2.00 2.00 2.00 (1.00) 1.00 1.00 Engineering Coordinator 1.00 1.00 1.00 1.00 1.00 Engineering Technician 16.00 16.00 16.00 2.00 14.00 14.00 41.00 0.00 41.00 0.00 41.00 (5.00) 36.00 0.00 36.00 Flood Control Engineering Manager 1.00 1.00 1.00 1.00 1.00 Division Secretary 1.00 1.00 1.00 1.00 1.00 Engineer 2.00 2.00 2.00 2.00 2.00 Planner 1.00 1.00 1.00 (1.00) 0.00 0.00 Engineering Technician 2.00 2.00 2.00 2.00 2.00 7.00 0.00 7.00 0.00 7.00 (1.00) 6.00 0.00 6.00 Flood - Natural Resources (Water Res) Planner 2.70 2.70 2.70 2.70 2.70 Maintenance & Operations M&O Superintendent 1.00 1.00 1.00 1.00 1.00 Assistant Superintendent/M & O 2.00 2.00 2.00 2.00 2.00 Road Crew Leader 5.00 5.00 5.00 5.00 5.00 Senior Sign Leader 1.00 1.00 1.00 1.00 1.00 Sign Technician 3.00 3.00 1 3.00 3.001 3.00 M&O Team Leader 1.00 1.00 1.00 1.00 1.00 Heavy Equipment Operator 8.00 8.00 8.00 (1.00) 7.00 1.00 8.00 Senior Road Maintenance Worker 24.00 24.00 24.00 (3.00) 21.00 1.00 22.00 Road Maintenance Worker 20.00 20.00 20.00 (2.00) 18.00 18.00 Clerk/Receptionist 0.00 0.50 0.50 0.50 0.50 0.50 Administrative Secretary 1.00 1.00 1.00 1.00 1.00 I:\BUDGET\Next Year\Ordinances\2011-2012 Ordinances\Position Control for2011-2012bgt.xls 10/14/201(40,®PM Exhibit B - Authorized Positions With Vacancies Clerk Adopted 2009 Totals 2010 Addtns & Adjustmt Beginning 2010 Totals 2010 Addtns & Adj 9/1/10 Authorized as of 9/1/2010 Proposed Changes/ Closures 2011 Totals 2011 to 2012 Changes 2012 Totals 2.00 2.00 2.00 2.00 2.00 68.00 0.50 68.50 0.00 68.50 (6.00) 62.50 2.00 64.50 Noxious Weed Weed Control Coordinator 1.00 1.00 1.00 1.00 1.00 Weed Compliance Inspector 1.00 1.00 1.00 1.00 1.00 2.00 0.00 2.00 0.00 2.00 0.00 2.00 0.00 2.00 Ferry Ferry Operations Manager 0.00 _ 0.00 0.00 0.00 0.00 Coordinator 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Master 1.00 Master 1.00 1.00 1.00 1.00 1.00 Master Engineer 1.00 1.00 1.00 1.00 1.00 Purser/ Deckhand 3.00 3.00 3.00 3.00 3.00 3.00 Deckhand 3.00 3.00 3.00 3.00 Regular Relief Deckhands 2.00 2.00 2.00 2.00 2.00 12.00 0.00 12.00 0.00 12.00 0.00 12.00 0.00 12.00 Stormwater (Water Resources) Engineering Manager 1.00 1.00 1.00 1.00 1.00 _ Division Secretary 1.00 1.00 1.00 1.00 1.00 Engineer 1.00 1.00 1.00 (1.00) 0.00 0.00 Clerk 0.00 0.00 0.00 0.00 0.00 Planner 2.00 2.00 2.00 2.00 2.00 Program Specialist 0.00 1.00 1.00 1.00 1.00 1.00 5.00 1.00 6.00 0.00 6.00 (1.00) 5.00 0.00 5.00 Solid Waste Division Secretary 1.00 1.00 (1.00) 0.00 0.00 0.00 Coordinator 0.00 0.00 1.00 1.00 1.00 1.00 Solid Waste Specialist 1.00 1.00 1.00 1.00 0.00 0.00 2.00 0.00 2.00 0.00 2.00 (1.00) 1.00 0.00 1.00 Equipment Services 0.00 Equipment Services Manager 1.00 1.00 1.00 1.00 1.00 Shop Crew Leader 1.00 1.00 1.00 1.00 1.00 Heavy Duty Mechanic 9.00 9.00 9.00 (1.00) 8.00 8.00 Purchasing Coordinator 1.00 3.00 1.00 1.00 1.00 1.00 Purchasing Assistant 3.00 3.00 3.00 _ 3.00 Clerk/Receptionist 0.50 0.50 0.50 0.50 0.50 15.50 0.00 15.50 0.00 15.50 1.00) 14.50 0.00 14.50 TOTAL PUBLIC WORKS 169.70 1.00 170.70 0.00 170.70 17.00 153.70 2.00 155.70 SHERIFF Sheriff 1.00 _ 1.00 1.00 1.00 1.00 Undersheriff 1.00 1.00 1.00 1.00 1.00 Chief Criminal Deputy 1.00 1.00 1.00 1.00 1.00 Chief Civil Deputy 1.00 0.50 1.00 1.00 1.00 1.00 Inspector 0.50 0.50 0.50 0.50 Lieutenant 2.00 2.00 2.00 2.00 2.00 Crime Analyst 1.00 1.00 1.00 1.00 1.00 Volunteer Services Coordinator 1.00 1.00 1.00 1.00 1.00 Senior Administrative Assistant 1.00 1.00 1.00 1.00 1.00 I:\BUDGET\Next Year\Ordinances\2011-2012 Ordinances\Position Control for 2011-2012bgt.xls 10/14/2016W PM Exhibit B - Authorized Positions With Vacancies Accountant Adopted 2009 Totals 2010 Addtns & Adjustmt Beginning 2010 Totals 2010 Addtns & Adj 9/1/10 Authorized as of 9/1/2010 Proposed Changes/ Closures 2011 Totals 2011 to 2012 Changes 2012 Totals 1.00 1.00 1.00 1.00 1.00 Administrative Coordinator 1.70 (0.70) 1.00 1.00 1.00 1.00 Account Clerk 1.00 1.00 1.00 1.00 1.00 Civil Assistant 1.00 1.00 1.00 1.00 1.00 Records/ID Supervisor 1.00 1.00 1.00 1.00 1.00 ID Technician 3.00 3.00 3.00 3.00 3.00 Records Specialist 7.50 0.50 8.00 1.00 9.00 (1.00) 8.00 8.00 Sergeant 10.00 10.00 10.00 10.00 10.00 Deputy 69.00 69.00 69.00 2.00 67.00 67.00 104.70 (0.20) 104.50 1.00 105.50 (3.00) 102.50 0.00 102.50 Emergency Management Deputy Director 1.00 1.00 1.00 1.00 1.00 Program Specialist 2.00 2.00 2.00 2.00 2.00 Administrative Coordinator 1.00 1.00 1.00 1.00 1.00 4.00 0.00 4.00 0.00 4.00 0.00 4.00 0.00 4.00 TOTAL SHERIFF 108.70 0.20 108.50 1.00 109.50 (3.00) 106.50 0.00 106.50 SUPERIOR COURT/CLERK Judge 3.00 3.00 3.00 3.00 3.00 Superior Court Administrator 1.00 1.00 1.00 1.00 1.00 Superior Court Commissioner 3.00 3.00 3.00 3.00 3.00 Court Reporter 3.00 3.00 3.00 3.00 3.00 Judicial Assistant 3.00 3.00 3.00 3.00. 3.00 Assigned Counsel Coordinator 1.00 1.00 1.00 (1.00) 0.00 0.00 Court Facilitator 2.00 2.00 2.00 2.00 2.00 Drug Court Coordinator 1.00 1.00 1.00 1.00 1.00 Substance Abuse Specialist 2.00 2.00 0.70 2.70 2.70 2.70 Chief Deputy Clerk 1.00 1.00 1.00 1.00 1.00 Accountant 1.00 1.00 1.00 1.00 1.00 Clerk 7.50 7.50 1.00 8.50 (1.00) 7.50 7.50 Court Clerk 10.00 10.00 10.00 (2.00) 8.00 8.00 Specialty Court Clerk 2.00 2.00 2.00 2.00 2.00 Senior Court Clerk 1.00 1.00 1.00 1.00 1.00 Calendar Clerk 1.00 1.00 1.00 (1.00) 0.00 0.00 Account Clerk 1.00 1.00 1.00 1.00 1.00 TOTAL SUPERIOR COURT/CLERK 43.50 0.00 43.50 1.70 45.20 5.00 40.20 0.00 40.20 TREASURER Treasurer 1.00 1.00 1.00 1.00 1.00 Chief Deputy 1.00 1.00 1.00 1.00 1.00 Revenue Specialist 1.00 1.00 1.00 1.00 1.00 Revenue Deputy 3.00 3.00 3.00 3.00 3.00 Operations/Accounting Specialist 1.00 1.00 1.00 1.00 1.00 Investment Officer 1.00 1.00 1.00 1.00 1.00 Treasury Services Manager 1.00 1.00 1.00 1.00 1.00 Tax Supervisor 1.00 1.00 1.00 (1.00) 0.00 0.00 Accounting Technician 1.00 1.00 1.00 1.00 1.00 Clerk 3.00 3.00 3.00 (1.00) 2.00 2.00 Head Cashier 1.00 1.00 1.00 1.00 1.00 TOTAL TREASURER 15.00 0.00 1 15.00 1 0.00 1 15.00 2.00 13.00 0.00 13.00 COUNTY TOTAL STAFFING 941.92 (10.20)1931.72 3.80 935.52 99.50) 836.02 19.30 816.72 (:\BUDGE RNext Year\Ordinances\2011-2012 Ordinances\Position Control for 2011-2012bgt.xls 10/14/201 §0Q PM WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-371 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: F0 -�, � C E LED`) �f v 10126110 Introduction Hearing 11 / 9 / 10 Division Head: OCT, 19 2010 VVHATCOM COUNTY COUNCIL Dept. Head. 11/23/2010 Council Prosecutor: — Purchasin et: & t0�t� ! D Executive: 942, P / TITLE OF DOC MENT.- Adoption of an Ordinance Authorizing the Levy of Taxes for County and State Purposes in Whatcom County, Washington, for the Year of 2011 ATTACHMENTS: Proposed Ordinance SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing ? Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (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 adopts the Whatcom County 2011 Property tax levy. COMMITTEE ACTION: COUNCIL ACTION: 10/26/2010: Introduced 11/09/2010: Council postponed to 11/23/2010 written record held open until 11/23/2010. 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 Coun 's website at: www.co.whatcom.wa.us/council. 502 INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: October 26, 2010 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF 2011 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 2011-2012 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 increase the General Fund property tax levy by $1,000,000 for 2011 to fund essential county services, this increase will be offset to county taxpayers by a $1,000,000 reduction in the Whatcom County Flood Control Zone District property tax levy; and, WHEREAS, the County Council held a public hearing regarding the biennial 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 2010 for collection in 2011; and, (C) The amounts collected through the County general levy shall be limited to the amount of 2010 taxes plus $1,000,000 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 1 503 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 2011, 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 Attorney's Office concurs, the Whatcom County administration will change such levies accordingly. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Pr e utor 2010. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair ( ) APPROVED ( ) NOT APPROVED Pete Kremen, Executive Date: Page 2 504 EXHIBIT A AND B WILL BE AVAILABLE AFTER THE FIRST OF THE YEAR 2011 Page 3 505 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-372 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: /� 2 �j p p E D l� LC, �J 1�/ � !i OCT 19 2010 10126110 Introduction Division Head: 11 / 9 / 10 Hearing Dept.Head: WHATCOM COUNTY 11/23/2010 Council Prosecutor: CO.UNCIL Purchasin /Bud et: fPlI d Executtve: kVAA j �J d TtTL1V0Ff)OCUULNT,• An Ordinance Limiting the 2011 General Fund Property Tax Levy ATTACHMENTS: Proposed Ordinance SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing ? ( ✓) Yes ( ) NO SEPA review completed? ( ) Yes ( . ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The proposed ordinance limits 2011 General Fund Property Tax Levy and establishes a new maximum allowable property tax levy.. COMMITTEE ACTION. COUNCIL ACTION.• 10/26/2010: Introduced 11/09/2010: Council postponed to 11/23/2010 written record held open until 11/23/2010. 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 Coun 's website at: www.co.whatcom.wa.us/council. INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: October 26, 2010 ORDINANCE NO. AN ORDINANCE LIMITING THE 2011 GENERAL FUND PROPERTY TAX LEVY WHEREAS, the County Council has met and considered the 2011-2012 biennial budget, and; WHEREAS, the County Council, in the course of considering the budget for 2011-2012 has reviewed all sources of revenue and examined all anticipated expenses and obligations; and WHEREAS, the County Council has determined it is necessary to increase the General Fund property tax levy by $1,000,000 for 2011 to fund essential county services, this increase will be offset to county taxpayers bya $1,000,000 reduction in the Whatcom County Flood Control Zone District property tax levy; and, NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Whatcom County Council: That amounts collected through the County general levy shall be limited to the amount of 2010 taxes plus $1,000,000, increased for the addition of new construction and improvements to property and any increase in the value of state assessed property. A property tax increase in addition to and 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 2011 levy in the amount of $1,000,000, which is a percentage increase of 3.9% from the previous year. ADOPTED this, day of , 2010 ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Pro utor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair ( ) APPROVED ( ) NOT APPROVED Pete Kremen, Executive Date: Page 1 507 2010-373 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 10/26110 Introduction Originator: U' E C E� V E D OCT 19 2010 Division Head: 11 / 9/ 10 Hearing Dept. Head: 11/23/2010 Council Prosecutor: r WHATCOM COUNTY COUNCIL Purchasin Bud et: �� t/0 i5 /� Executive: TITLE OF DOCUMENT: An Ordinance Authorizing the Levy of 2011 Property Taxes for County Road Purposes ATTACHMENTS. Proposed Ordinance SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing ? Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (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 levys 2011 Property Taxes for County Road Purposes shifts $1,00.0,000 of the Road Fund levy to the General Fund. COMMITTEEACTION. COUNCIL ACTION: 10/26/2010: Introduced 11/09/2010: Council postponed to 11/23/2010 written record held open until 11/23/2010 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 Coun 's website at. www.co.whatcom.wa.us/council. INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: October 26, 2010 AN ORDINANCE AUTHORIZING THE LEVY OF 2011 PROPERTY TAXES FOR COUNTY ROAD PURPOSES WHEREAS, pursuant to Home Rule Charter Section 6.10 the County Executive is required to submit for Council consideration proposed tax and revenue ordinances necessary to raise sufficient revenues to balance the Budget; and, WHEREAS, the County taxes having been on estimates filed in accordance with Home Rule Charter 6.20; and, NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Whatcom County Council that: The amounts collected through the County Road levy shall be limited to the amount of 2010 taxes, increased for the addition of new construction and improvements to property and any increase in the value of state assessed property. BE IT FURTHER ORDAINED, that the Whatcom County Council does hereby authorize a diverting of a portion of the County Road District levy in the amount of $706,530, for the budget year 2011 to the Current Expense Fund account Diverted County Road Taxes to be used for the support of county traffic law enforcement services in the unincorporated areas of Whatcom County. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor 2010. WHATCOM COUNTY COLTNCIL WHATCOM COLTNTY, WASHINGTON Sam Crawford, Council Chair ( ) APPROVED ( ) NOT APPROVED Pete Kremen, Executive Date: Page 1 509 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-374 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: %/ 2 10126110 Introduction Originator: �u/ LC O C !'. 19 ZOO Division Head.- 11 / 9 / 10 Hearing Dept. Head: WHATCOM COUNTY 11/23/2010 council Prosecutor: — COUNCIL 10 Purchasing/Budget: j0� %D Executive: l t) TITLE F OCUMENT. An Ordinance Limiting The 2011 Road Fund Property Tax Levy ATTACHMENTS: Proposed Ordinance SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing ? (v) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The proposed ordinance limits the Whatcom County 2011 Property tax levy and establishes new maximum allowable Road Fund property tax levy. COMMITTEE ACTION. COUNCIL ACTION. 10/26/2010: Introduced 11/09/2010: Council postponed to 11/23/2010 written record held open until 11/23/2010 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 Coun 's website at: www.co.whatcom.wa.us/council. 510 INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: October 26, 2010 ORDINANCE NO. AN ORDINANCE LIMITING THE 2011 ROAD FUND PROPERTY LEVY WHEREAS, the County Council has met and considered amendments to the 2011-2012 biennial budget, and; WHEREAS, the County Council, in the course of considering the budget for 2011-2012 has reviewed all sources of revenue and examined all anticipated expenses and obligations; and NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Whatcom County Council: That amounts collected through the County Road levy shall be limited to the amount of 2010 taxes, increased for the addition of new construction and improvements to property and any increase in the value of state assessed property. A property tax increase before the addition of 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 2011 levy in the amount of $0, which is a percentage decrease of 0% from the previous year. ADOPTED this day of , 2010. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Sam Crawford, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecutor ( ) APPROVED ( ) NOT APPROVED Pete Kremen, Executive Date: 511 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-375 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 10126110 Introduction Originator: U U D H g Division Head; OCT'_ 19 ZOO '1 HATCOM COUNTY 11 / 9 / 10earin Dept. Head: 11/23/2010 Council Prosecutor: Purchasin Bydket:A I bIl COUNCIL a Executive: 16�V TITLE OF DOCUMENT. Adoption of an Ordinance Authorizing the Levy of Taxes for County Conservation Futures Purposes for 2011 ATTACHMENTS: Proposed Ordinance SEPA review required? ( ) Yes (X ) 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) The proposed ordinance adopts the Whatcom County 2011 tax levy for Conservation Futures. COMMITTEEACTION.• COUNCIL ACTION: 10/26/2010: Introduced 11/09/2010: Council postponed to 11/23/2010 written record held open until 11/23/2010 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 Coun 's website at. www.co.whatcom.wa.us/council. 512 INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: October 26, 2010 AN ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR CONSERVATION FUTURES PURPOSES FOR 2011 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 2011-2012 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 2010 taxes, increased for the addition of new construction and improvements to property and any increase in the value of state assessed property. A property tax 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 2011 levy in the amount of $0, which is a percentage increase of 0% from the previous year. ADOPTED this day of , 2010 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: 2 Civil Deputy Prolic for Sal Crawford, Council Chair ( ) APPROVED ( ) NOT APPROVED Pete Kremen, Executive Date: Page 1 513 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-378 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: (� � � � � � � f� D OCT 19 2010 70/26/70 Introduction Division Head: 11 / 9 / 10 Hearing Dept. Head: WHATCOM COUNTY COUNCIL�j 11/23/2010 Council Prosecutor: rv119/10 �� S-�p Purchasin /Bud et: Executive: TITLE OF DOC MENT. A Resolution Authorizing The Levy Of Taxes for the Whatcom County Flood Control Zone District for 2011 ATTACHMENTS: Proposed Resolution SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 11 / 9 / 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 proposed resolution adopts the natcom County Flood Control Zone District 2011 tax levy. COMMITTEEACTION. COUNCIL ACTION: 10/26/2010: Introduced 11/09/2010: Council acting as the Whatcom Cn Flood Control District Board of Supervisors postponed to 11/23/2010. Written record held open until 11/23/2010 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 Coun 's website at. www.co.whatcom.wa.us/council. 514 PROPOSED BY: County Executive INTRODUCED BY: Consent DATE: October 26, 2010 RESOLUTION NO. AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT (WCFCZD) FOR 2011 WHEREAS, RCW 86.15.160(3) authorizes the Board of Supervisors of the Whatcom County Flood Control Zone District (WCFCZD) to impose an ad valorem property tax levy of up to fifty cents per thousand dollars of assessed value upon real property within the district; and WHEREAS, the Board of Supervisors of the WCFCZD has reviewed the proposed annual budget, including all sources of revenues and anticipated expenditures; and, WHEREAS, the annual budget provides detailed listings of various revenues including property taxes; and, WHEREAS, the FCZD has held a public hearing concerning the annual budget, the property tax rates, and revenues included therein. WHEREAS, the Board of Supervisors has determined a decrease in the WCFCZD tax levy of $1,000,000 for 2011 is appropriate based on projected increases in Real Estate Excise Tax Funding of $1,000,000 from Whatcom County assigned for WCFCZD projects; and NOW, THEREFORE, BE IT RESOLVED by the WCFCZD Board of Supervisors that amounts collected through the WCFCZD levy shall be limited to the amount of 2010 taxes, decreased by $1,000,000, increased for the addition of new construction and improvements to property and any increase in the value of state assessed property. A property tax decrease, 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 2011 levy in the amount of $1,000,000, which is a percentage decrease of 24.5% from the previous year. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk AP OVEDASyyTO FORM: ��%% Civil Deputy Prosecutor 2010. WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS WHATCOM COUNTY, WASHINGTON Sam Crawford, District Chair ( ) APPROVED ( ) NOT APPROVED Pete Kremen, Executive Date: 515 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-379 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: D I0/26/I0 Introduction 11109110 Hearing Division Head: OCT, 19 2010 Dept Head. NiiHATCl11YI COUNTY COUNCIL 11/23/2010 Council Prosecutor: Purchasin d (S Executive: TITLE F DOCUMENT: An Resolution Adopting the 2011 Budget for the Whatcom County Flood Control Zone District and Subzones. ATTACHMENTS: Proposed Resolution, Appendix A — Flood Control Zone District Budget Summary SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing ? ( x ) Yes ( ) NO SEPA review completed? ( ). Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action) Resolution Adopting the 2011 Budget for the "atcom County Flood Control Zone District and Subzones. COMMITTEEACTION. COUNCIL ACTION. 10/26/2010: Introduced 11/09/2010: Council acting as the Whatcom County Flood Control District Board of Supervisors postponed to 11/23/2010. Written record held until 11/23/2010 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 Coun 's website at. www.co.whatcom.wa.us/council. 516 FCZD 2011 Budget Res. PROPOSED BY: SPONSORED BY: INTRODUCED: October 26, 2010 RESOLUTION NO. (A Resolution of the Whatcom County Flood Control Zone District Board of Supervisors) ADOPTING THE 2011 BUDGET FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND SUBZONES WHEREAS, RCW 86.15.140 requires that the Board of Supervisors of each flood control zone district and subzone adopt an annual budget for the zone at the same time that county budgets are considered; and WHEREAS, the statute further requires that the zone or subzone budget be divided into four appropriation items: overhead and administration, maintenance and operation; construction and improvements, and bond retirement and interest; and WHEREAS, under the appropriation item for construction and improvements, the Board is required to list each flood control improvement or storm water control improvement and the estimated expenditure for each during the next year; and WHEREAS, the budget may only be adopted after a public hearing for which proper notice has been given; and WHEREAS, Fund No. 169 is managed by the County on behalf of the Whatcom County Flood Control Zone District for purposes of funding flood control, stormwater management, and other water resource work by the County that are consistent with the powers of the District under RCW 86.15; and WHEREAS, funds obtained by the County through grants or cooperative agreements for flood control and other water resource work are also been managed through Fund No. 169; and WHEREAS, the 2011 budget proposed by the County Executive for Whatcom County includes proposed expenditures out of Fund 169 to pay for flood control, stormwater management, and other water resources work consistent with the powers of the District under RCW 86.15; and 517 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors approves the appropriations of Flood Control Zone District Fund No. 169 for 2011 in the amounts set forth below as detailed in the document titled Whatcom County 2011-2012 Budget: Fund 2011 No. FLOOD CONTROL ZONE DIST. Appropriation 169 Flood Control Zone District 5,169,916 16921 Lynden/Everson Sub -Zone 80,000 16922 Sumas/Nooksack/Everson Sub -Zone 135,000 16923 Acme/Van Zandt Sub -Zone 31,000 16924 Samish Watershed Sub -Zone 8,800 1 16925 Birch Bay Sub -Zone 607,962 Total 6,032,678 APPROVED this day of , 2010. WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Sam Crawford, Chair APPROVED AS TO FORM: &n�d� - 447h-✓ Civil Deputy Prosecutor 518 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 391 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: County Cou 11/8/2010 11/23/2010 County Council Division Head: Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT: Appointement to Vacancy on Board of Equalization ATTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMNIARYSTATEMENT 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 Whatcom County Board of Equalization has a vacancy for an alternate member, at -large. This is a partial term expirinig on January 31, 2013. Mary Jane Anderson is the 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 Coun 's website at: www.co.whatcomwa.uslcouncil. 519 PETE KREMEN County Executes h i� j� /% I—C D I ll �C UV L� V E Goan c ?PA , � '��' COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner NOV 0 8 2010 �QSEirw��aa'� Bill Ken KnMann 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: f3649D OF C-_<§ Uq L-1 0sgT70 n% Which position on this board are you applying for (if applicable)? RL7 . )ATE Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? (,/I yes ( ) no Are you a registered voter? Oyes ( ) no Name: M41V SANE NIAB-SOA/ Date: NOV. 8, Zo lO Street Address: ► 0 25 -,SQ/U4E i Y90E City: Zr::�LUA)6 tj M cA),/F Zip Code: �122(0 Mailing Address (if different from street address): Day Telephone: 3(00 - Z Z q- - 3 o I.X Evening Telephone: 3 [PO - 3 8 4-- 39 I -7- Fax Number: 888 -4-5Z - S5152 E-mail address: e-Q �0 e- 2`f d coMCast, Vl et Occupation (If retired, please indicate former occupation): EstL+e Agj2rgT_-_,od Gt2h Professional/Community Activities: VO L- kN T Ems;- " i'WE7 A 1FFEPE%)CE AM " -'TI IV(,L.E �Ei:L Wf -L.K , NOp,"fHcz)ES7 VO(1.TFF C�ytCE5 Education: H IL-kf-SCHOOL, ) YR, COU-AE% , 1 y R -MCi+ _<>eft001_, DN-L-[nJc PA7t6A-L- ct_4s S E5 f e e 4 L e_ T?9 TE Qualifications related to position: 25 -+- VEf4KS WCA K//U& CCA'r'S£�> IV (, aA-rcom Ct m� -- y { e:-4L"ice Aeto F Fr e-ZIDS , 2- P+'tell uI —, E7kn-,3 aN mE, Describe why you are interested in serving on this board or commission: SPrYyt VMY j<N&0L.ED6Cfh3L_E OF W 447Zd M CA -A C7&L_ E5 r i E MLUEs, T VWJ6 Y 0P my P-0 E5V O U S W &KK W (TH ^iH-rJ50 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 (Jj no If yes, please explain: References (please include name and daytime telephone number): -Tom FOLLtS - '734--5R56 o\j f2 EU 0 L-) EK , 4/+( -5l- 0..), Signature of applicant: As a candidate to a public bb;dit 6r commission, the above information will be available to the County Council, County Executive, and the public. 520