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HomeMy WebLinkAboutPacket Apr 12 2011WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-135 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: RMC 3131111 4/12/11 Finance Originator: � E E l V E D Committee Division Head: y APR 0 5 2011 WHATCOM COUNTY COUNCIL Dept. Head: Prosecutor: Purchasing/Budget: Executive: TITLE OFDOCUMENT.• Discussion regarding potentially leasing unused land for a Community Solar Project on Whatcom County Property ATTACHMENTS: ' SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) Requested Date: NO S UMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion regarding potentially leasing unused land for a Community Solar Project on Whatcom County Property. Significant federal renewable energy tax credits in the form of grants are available through 2011. Local governments such as Whatcom County are not eligible to receive the federal renewable energy tax credits or state's solar incentives directly. However, the County can play a key role in supporting the production of renewable energy by hosting projects at County property. Whatcom County has unused property that could work well for solar energy projects. Whatcom County has been approached by multiple organizations who would like to lease county property and develop projects in the immediate future (no later than summer of 2011). Hosting such systems would support the development of a local renewable energy source, foster local job creation, and showcase Whatcom County as an environmental leader, all at no cost to the County. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-136 CLEARANCES Ini(ial Date Date Received in Council Office A enda Date Assigned to: C. Anderson / Z%'r 411212011 Finance/Council Originator: L4� ^ E^f(V" E� WE III�IJUUUUr E D K. Christensen Z% / Division Head: APR 0 5 2011 F. Abort Dept. Head: I i D. Gibson q9$ Prosecutor: p� WHATCOM COUNTY B. Bennett 1 (/ �/29�f Purchasing/Budget: ram' COUNCIL P. Kremen Executive: TITLE OF DOCUMENT: Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs 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.) Staff identified a need to redevelop the current Lake Whatcom website to be more manageable and easily be edited by Whatcom County, City of Bellingham, and Lake Whatcom Water and Sewer District staff. This website communicates Lake Whatcom Management Program accomplishments and encourages citizen involvement in stewardship actions that protect or improve water quality in the lake. A new NPDES Phase II Stormwater Management Program website will also be developed to promote and implement many critical components included in the County's Phase II permit requirements. The website will provide a communication tool regarding NPDES Phase II stormwater programs and will promote behaviors that serve to improve or protect water quality. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #. Related File Numbers. Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM TO: The Honorable Pete Kremen, County Executive, and Honorable Members of the Whatcom County Council STORMWATER 322 N. Commercial St., Suite 301 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. us THROUGH: Frank M. Abart, Public Works Director FROM: Jon Hutchings, Ph.D., Assistant Public Works Director Kirk N. Christensen, P-E_, Stormwater Manager Kwlzi DATE: March 28, 2011 APR 1 - 2011 PL`TE KREMEN COUNTY EXECUTIVE RE: Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Please find attached for your review and signature a professional services contract with Northwest Data Support to help redevelop the Lake Whatcom Management Program website and to develop a new website for the NPDES Phase I I Stormwater Management Program. Background and Purpose Staff identified a need to create a simpler, more manageable website that can easily be edited by Whatcom County, City of Bellingham, and Lake Whatcom Water and Sewer District staff. This contract allows for redeveloping the current Lake Whatcom website to communicate Lake Whatcom Management Program accomplishments and encourage citizen involvement in stewardship actions that protect or improve water quality in the lake. A new stormwater website will also be developed to promote and implement many critical components included in the NPDES Phase II Stormwater Management Program and to meet the County's Phase II permit requirements. This website will provide a communication tool for the community regarding NPDES Phase 11 stormwater programs and will promote behaviors that serve to improve or protect water quality. To make it easier for staff to manage websites efficiently into the future, the Lake Whatcom and NPDES Phase II websites will be structurally designed similar to other County websites for consistency. Northwest Data Support is on the approved 2010 Roster for Engineering & Architectural Services (RFQ 10-01) list and was chosen through a competitive selection process. Funding Amount and Source The Lake Whatcom website portion of the contract is $7,856.25 (cost center 123201), and the portion for the NPDES Phase II website is $9,643.75 (cost center 123301). The project total of $17,500 will be reimbursed by the Washington State Department of Ecology NPDES Phase II Pass - through Assistance Grant #G10000205. Please contact Chip Anderson at extension 50694 if you have any questions regarding this agreement. Attachments 3 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. as/l6Z/00 Originating Department: Public Works-Stormwater Contract Administrator: Chip Anderson, Senior Planner Contractor's /Agency Name: Northwest Data Support 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 X No 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 letter RFP invitation Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $1 S, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $_17,500.00 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 Staff identified a need to redevelop the current Lake Whatcom website to be more manageable and easily be edited by Whatcom County, City of Bellingham, and Lake Whatcom Water and Sewer District staff. This website communicates Lake Whatcom Management Program accomplishments and encourages citizen involvement in stewardship actions that protect or improve water quality in the lake. A new NPDES Phase II Stormwater Management Program website will also be developed to promote and implement many critical components included in the County's Phase II permit requirements. The website will provide a communication tool regarding NPDES Phase II sormwater programs and will promote behaviors that serve to improve or protect water quality. Term of Contract: Expiration Date: 1213112012 Contract Routing Steps & Signo . [sign or initial] [indicate date transmitted] 1. Prepared by.- Remy McConnell Date_03/18/2011 _ [electronic] - 2. Attorney reviewed: L. Gibson Date_03/23/11 [electronic] _Daniel 3. AS Finance reviewed: _ Date jelectronic] 4. IT reviewed if IT related 0 1 Date 3 Z9 /[ [electronic] 5. Corrections made: Date [electronic] 6Attorney signoff.• Daniel L. Gibson Date 03/23/11 7. Contractor signed.- ,i Date---, -3d -i 8. Submitted to Exec Office ,/ Date y- l - I t [summary via 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 hard copy printed electronic; hardcopiesJ M COUNTY ORIGINAL Whatcom County Contract No. .1o/tog0oo CONTRACT FOR SERVICES AGREEMENT Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs NORTHWEST DATA SUPPORT , 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 17 Exhibit B (Compensation), pp. 18 to 19 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 13TH day of APRIL _20 11 , 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 to: redevelop and redesign the existing Lake Whatcom Management Program website and to develop a new Whatcom County NPDES Phase II stormwater website , 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 SEVENTEEN THOUSAND, FIVE HUNDRED AND NO/100 DOLLARS ($ 17,500.00 ). The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of 20 CONTRACTOR: NOR WE DAT SUPP ich d ChasLT, Proprietor STATE OF WASHINGTON ) ) ss. COUNTY OF 40A#L10_0P7 ) On this 3°� of /' etftbk , 20 L, before me personally appeared RICHARD CHASE to me known to be the PROPRIETOR of NORTHWEST DATA SUPPORT and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. .,, . P?' S10M••''�C ��''� NOTARY PUBLIC in and for the State of Washington, resi ing at • NS Ffio ;'f' My commission expires G / W� OTA p . 0 + R)- to 0. �'J►' a v � • e. ,A,.JQ' OP WAS'VX Contract for Services Agreement Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 1 5 WHATCOM COUNTY: Recomme do for Ap oval: 3 ✓�f 11 Fran M. Abart, Direc r Date Approved as 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. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: NORTHWEST DATA SUPPORT Richard Chase, Proprietor Address: P.O. Box 2598 Stanwood, WA 98292 Contact Phone: 360.929.0036 Contact Email: chase.richard@gmail.com Contract for Services Agreement Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 2 6 GENERAL CONDITIONS Series 30-39: Provisions Related to Administration of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which 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, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Contract for Services Agreement Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 3 7 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 Contractors 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: fhe 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: fhe 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 Assiqnment 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 Agreement Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 4 8 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 - $300,000.00 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, 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. Contract for Services Agreement Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 5 9 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: Frank M. Abart, Director, Whatcom County Public Works, 322 N. Commercial Street, Suite 210, 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 Contract for Services Agreement Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 6 10 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 Contractors Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to, any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has 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 Contract for Services Agreement Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 7 11 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 Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 8 12 EXHIBIT "A" (SCOPE OF WORK) WEBSITE DEVELOPMENTS FOR THE WHATCOM COUNTY NPDES PHASE II STORMWATER AND LAKE WHATCOM MANAGEMENT PROGRAMS Staff identified a need to create a simpler, more manageable website that can easily be edited by Whatcom County, City of Bellingham, and Lake Whatcom Water and Sewer District staff. This contract allows for redeveloping the current Lake Whatcom website to communicate Lake Whatcom Management Program accomplishments and encourage citizen involvement in stewardship actions that protect or improve water quality in the lake. A new stormwater website will also be developed to promote and implement many critical components included in the NPDES Phase II Stormwater Management Program and to meet the County's Phase II permit requirements. This website will provide a communication tool for the community regarding NPDES Phase II stormwater programs and will promote behaviors that serve to improve or protect water quality. To make it easier for staff to manage websites efficiently into the future, the Lake Whatcom and NPDES Phase II websites will be structurally designed similar to other County websites for consistency. ELEMENT 1: Redevelop Lake Whatcom Management Program Website The Lake Whatcom Management Program website facilitates stormwater education and outreach for the Lake Whatcom community to promote behaviors that protect and improve water quality in Lake Whatcom. The website provides a public online location to learn about Lake Whatcom stormwater issues and current information about meetings, events, and accomplishments of the Lake Whatcom Management Program (LWMP). The current LWMP website, located at http://www.lakewhatcom.whatcomcounty.org, has a fresh - looking home page with navigation categories on a left side bar with drop down context links, and a multi - paneled main body consisting of four sections: Welcome, E-Newsletter, Hot Topics, and Stewardship Tips. A significant issue for the LWIVIP staff is having an effective and efficient method to edit and manage the current website. Whatcom County Public Works-Stormwater requested Northwest Data Support assist with redevelopment of this site in coordination with other LWMP members. In this first element, we will survey and evaluate content management systems and web editing tools to determine options that will best fit with the needs and wants of the LWNIP. We will also assist in the creation of a sample website and.a final target deliverable website. The sample site will serve as a test prototype for evaluation of various web editing tools. The final deliverable site will represent the best choice determined from the evaluation process. The Lake Whatcom Watershed is an important focus area of Whatcom County's NPDES Phase II permitted area; therefore, the Lake Whatcom website will be managed as a component of Whatcom County's IVPDES Phase II program. The Lake Whatcom website will share a very similar site structure to the new NDPES Phase II stormwater website. The two sites will be used together to meet NPDES Phase II program objectives. This scope of work details what will be done to redevelop the existing website and identifies what method will be best suited to edit the pages of the site by Whatcom County, City of Bellingham, or Lake Whatcom Water and Sewer District staff. Main Goals for Websites: 1. Communicate stewardship concerns and opportunities in the Lake Whatcom Watershed. 2. Communicate Lake Whatcom Management Program requirements, activities, projects, and accomplishments to the community, and highlight work being done to protect and manage the watershed and protect water quality in the lake. 3. Provide reference links to information about Lake Whatcom management and "Mail to" link for complaints and/or comments. 4. Provide opportunities and encouragement for citizen involvement via website. Contract for Services Agreement Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 9 13 5. Allow easy editing of the site content by Whatcom County, City of Bellingham, or Lake Whatcom Water and Sewer District staff. Specific items to be considered: 1. Upcoming LWMP events and workshops, calendars, and current news (Hot Topics). 2. Stewardship opportunities and how to get involved (what you can do). 3. Management activities and what is being done (what we're doing). 4. Methods of posting reports and project updates (choice of editing tools). 5. Contests (optional concept where users submit images). 6. Interactive maps (optional concept of adding Google map to page). 7. Forum posting and/or comment area (optional concept of maintaining a moderated forum or article comments). Detailed Tasks for this project: 1. Evaluate the existing Lake Whatcom site's ability to meet goals and considerations described above. 2. Review different hosting solutions for websites; review Content Management Software (CMS) solutions such as Wordpress, Drupal, and Joomla (Hosting service should be compatible if a CMS is desired now or at a later date); and review of web editing tool options including but not limited to Dreamweaver, Expression Web, Contribute, etc., including staff in evaluation of tools. 3. Create a limited function sample site for testing web editing tools (Sample site 3). 4. Test web editing tools with staff and select ideal candidate. 5. Meet with Whatcom County Information Technology and Public Works staff to select a framework (site host + CMS + editing tools) that best suits the Lake Whatcom Management Program needs. 6. Coordinate site designs to be very similar structurally to the BBWARM and NPDES Phase II websites. 7. Build working target site structure shells to which content will be added. 8. Transfer existing site contents to new site. 9. Coordinate content creation for pages that currently lack content (who will add what content, and where will the content come from). 10. Further training of Whatcom County staff users to edit and maintain target sites. 11. Testing and review of target sites for content, broken links, bad graphics, search box functionality, etc., with revisions as required. 12. Review of sites by Whatcom County Information Technology for comment and review. 13. Documentation of project evolution and findings as well as Best Practices in building and maintaining the sites. 14. Final project analysis and review. 15. Ongoing website support including content editing, design changes, site backup, site restore from backup, and other related website services. ELEMENT 2: Develoa New Whatcom Countv NPDES Phase II Stormwater Website A new NPDES Phase 11 stormwater website is needed to facilitate stormwater education and outreach for the NPDES Phase II permitted area and to promote adoption of behaviors that protect water quality and meet Phase II program objectives. The website will provide a public online location to learn about NPDES stormwater issues and get up-to-date information about meetings, events, and accomplishments. The currently undeveloped NPDES website is located at: http://www.stowmwater.whatcomcounty.orq/. When completed, this site will have familiar site navigation features similar to other related County sites including the Lake Whatcom and BBWARM stormwater websites. Northwest Data Support has been requested to assist with the development of this site for Whatcom County Public Works-Stormwater. In this second element, we will survey and evaluate content management systems and web editing tools to determine options that will best fit with the needs and wants of the County. We will also assist in the creation of a sample website and a final target deliverable website. The sample site will serve as a test prototype for evaluation of various web editing tools. The final deliverable site will represent the best choice determined from the evaluation process. Contract for Services Agreement Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 10 14 This scope of work details what will be done to build a new website and identifies what method will be best suited to edit the pages of the site by Public Works or other entities. Main Goals for Websites: 1. Communicate stormwater stewardship concerns and opportunities in Phase II areas. 2. Communicate Phase II program requirements, program activities, projects, and accomplishments to community; and highlight work being done to protect and manage water quality in the permitted area. 3. Provide reference links to information and "Mail to" link for complaints and/or comments. 4. Provide opportunities and encouragement for citizen involvement in stormwater management via website. 5. Allow easy editing of the site content by Public Works staff. Specific items to be considered: 1. Upcoming events and workshops, calendars, and current news. 2. Stewardship opportunities and how to get involved. 3. Management activities and what is being done. 4. Methods of posting reports and project updates (choice of editing tools). 5. Contests (optional concept where users submit images). 6. Interactive maps (optional concept of adding Google map to page). 7. Forum posting and/or comment area (optional concept of maintaining a moderated forum or article comments). Detailed Tasks for this project: 1. Develop potential new site designs to meet NPDES Phase II stormwater program needs. 2. Review different hosting solutions for websites; review Content Management Software (CMS) solutions such as Wordpress, Drupal, and Joomla (Hosting service should be compatible if a CMS is desired now or at a later date); and review of web editing tool options including but not limited to Dreamweaver, Expression Web, Contribute, etc., including staff in evaluation of tools. 3. Create a limited function sample site for testing web editing tools (Sample site 2). 4. Test web editing tools with staff, and select ideal candidate_ 5. Meet with Whatcom County Information Technology and Public Works staff to select a framework (site host + CMS + editing tools) that best suits County needs. 6. Coordinate site designs structurally similar to the BBWARM and Lake Whatcom websites. 7. Build a new target site structure to which content will be added. 8. Transfer existing site content from the Whatcom County website stormwater pages to the new site. 9. Research, develop, and create new content. Coordinate who will add what content and where will the content come from. 10. Further training of Whatcom County staff users to edit and maintain target sites. 11. Testing and review of target sites for content, broken links, bad graphics, search box functionality, etc., with revisions as required. 12. Review of sites by Whatcom County Information Technology for comment and review. 13. Documentation of project evolution and findings as well as Best Practices in building and maintaining the sites_ 14. Final project analysis and review. 15. Ongoing website support including content editing, design changes, site backup, site restore from backup, and other related website services. Contract for Services Agreement Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 11 15 EXHIBIT "B" (COMPENSATION) Budget for Website Developments of the Whatcom County NPDES Phase H Stormwater and Lake Whatcom Management Programs BUDGET STAFF NON -STAFF ITEM DESCRIPTION RATE HOURS TOTAL COSTS Element 1-Lake Whatcom Stormwater Website Task 1 Evaluation of current site and potential site designs $50/hr 4 $200.00 $55.00 Task 2 Research of Hosting, CMS systems, and Editing tools $50/hr 4 $200.00 $55.00 Task 3 Create limited function sample site for testing web editing tools (Sample sites 1) $50/hr 20 $1,000.00 $275.00 Task 4 Test web editing tools with staff and select ideal candidate $50/hr 10 $500.00 $137.50 Meet with IT and Public Works staff to select a Task 5 framework (site host + CMS + editing tools) that best suits Lake Whatcom Management Program needs $50/hr 2 $100.00 $27.50 Task 6 Coordinate site design to be very similar structurally to the NPDES and BBWARM websites $50/hr 2 $100.00 $27.50 Task 7 Build or revise working target site structure shell to which content will be added $50/hr 6 $300.00 $82.50 Task 8 Transfer site content to new site $50/hr 12 $600.00 $165.00 Coordinate content creation for pages that currently lack Task 9 content. (who will add what content and where will the content come from) $50/hr 2 $100.00 $27.50 Task 10 Further training of users to edit and maintain target site $50/hr 4 $200.00 $55.00 Task 11 Testing and review of target site for content, broken links, bad graphics, search box functionality, etc. $50/hr 4 $200.00 $55.00 Task 12 Review of site by IT for comment and review $50/hr 2 $100.00 $27.50 Task 13 Documentation of project evolution and findings as well as Best Practices in building Public.Works sites $50/hr 16 $800.00 $220.00 Task 14 Final project analysis and review $50/hr 4 $200.00 $55.00 Task 15 Ongoing support for 2011-2012 $50/hr 15 . $750.00 $206.25 Project staff subtotal: 107 $5,350.00 Admin staff time (10% project staff time; e.g. bookkeeper, accountant, E.D.) $535.00 Indirect Costs (25% of total staff time; payroll taxes, L & I, etc.) $1,471.25 Mileage (reimbursed at current IRS rate) $500.00 Element 1 Subtotals 1 $5,885.00 1 $1,971.25 Element 1 Total $7 Contract for Services Agreement Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 12 16 BUDGET STAFF NON -STAFF ITEM DESCRIPTION RATE HOURS TOTAL COSTS Element 2-NPDES Phase II Website Task 1 Develop potential new site designs to meet NPDES Phase II stormwater program needs $50/hr 4 $200.00 $55.00 Task 2 Research of Hosting, CMS systems, and Editing tools $50/hr 4 $200.00 $55.00 Task 3 Create limited function sample site for testing web editing tools (Sample sites 1) $50/hr 20 $1,000.00 $275.00 Task 4 Test web editing tools with staff and select ideal candidate $50/hr 10 $500.00 $137.50 Meet with IT and Public Works staff to select a Task 5 framework (site host + CMS + editing tools) that best suits Public Works Stormwater needs $50/hr 2 $100.00 $27.50 Task 6 Coordinate site design to be very similar structurally to the BBWARM and Lake Whatcom websites $50/hr 2 $100.00 $27.50 Task 7 Build new working target site structure shell to which content will be added $50/hr 18 $900.00 $247.50 Task 8 Transfer content from Whatcom County website stormwater pages to new site $50/hr 4 $200.00 $55.00 Research, develop, and create new content; coordinate Task 9 who will add what content and where the content will come from $50/hr 14 $700.00 $192.50 Task 10 Further training of users to edit and maintain target site $50/hr 4 $200.00 $55.00 Task 11 Testing and review of target site for content, broken links, bad graphics, search box functionality, etc. $50/hr 4 $200.00 $55.00 Task 12 Review of site by IT for comment and review $50/hr 2 $100.00 $27.50 Task 13 Documentation of project evolution and findings as well as Best Practices in building Public Works sites $50/hr 16 $800.00 $220.00 Task 14 Final project analysis and review $50/hr 4 $200.00 $55.00 Task 15 Ongoing support for 2011-2012 $50/hr 25 $1,250.00 $343.75 Project staff subtotal 133 $6,650.00 Admin staff time (10% project staff time; e.g. bookkeeper, accountant, E.D.) $665.00 Indirect Costs (25% of total staff time; payroll taxes, L & I, etc.) $1,828.75 Mileage (reimbursed at current IRS rate) $500.00 Element 2 Subtotals: $7,315.00 $2,328.75 Element 2 Total $9,643.75 PROJECT TOTAL (Elements 1 & 2) $17,500.00 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. Mileage will be reimbursed at the current IRS rate. Requests for expense reimbursement must be accompanied by copies of paid invoices. 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 Agreement Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 13 17 EXHIBIT "C" (CERTIFICATE OF INSURANCE) ACORDry CERTIFICATE OF LIABILITY INSURANCE °0831i2o 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Jake Squires State Farm Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 820 Alabama St HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Bellingham, WA 98225 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. a Phone:360-733-9190 Fax:360-733-0342 1 INSURERS AFFORDING COVERAGE ; NAIC # INSURED Richard Chase DBA NW Data Support 336 Shore Drive Camano Island, WA 98282 CAVI=P=1=S INSURER A: Slate Farm Fire and Casuatty Company 25143 INSURER B: INSURER D: INSURER E'. 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. INSR LTR IYL TY—PEO—F-I—NSURANCE POLICYNUMBER POLICYEFFECTIVE POUCY EXPIRATION DATE IMMIDDIYYI 12ATEIMMfDDNY)LIMITS A GENERALLIABILITY X! COMMERCIAL GENERAL UABfUTY CLAIMS MADE /\ OCCUR `J 198-BF-L943-7 09/15/2009 09/15/2011 I EACH OCCURRENCE S 1,000,000.00 _ A TORE PREMISES Ea o rence) is 300,000.00 I MED EXP (Any one person) _ S 5,000.00 1 PERSONAL BAOV INJURY_ _ S 1,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER PRO- LOG POLICY '� JECT GENERAL AGGREGATE S 2,000,000.00 PRODUCTS - COMP/OP AGG S 2,000,000.00 - f AUTOMOBILE F - LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (P- pew') S S BODILY INJURY (Per accident) _-_ L-- S j PROPERTY DAMAGE (Per accident) I ! S --.- --.— GARAGELIABILITY ANY AUTO j I AUTO ONLY -EA ACCIDENT S OTHER THAN EAACC AUTO ONLY: AGG S _ S ! EXCESSIUMBRELLALIllABILITY OCCUR - CLAIMS MADE DEDUCTIBLE I RETENTION S EACH OCCURRENCE AGGREGATE IS I S _ S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERlEXECLrrIVE OFFICER/MEMBER EXCLUDED. If yes, describe under SPECIAL PROVISIONS below j I I VVC STATU- OTH- I E.L. EACH ACCIDENT E.L DISEASE - EA EMPLOYE8, E.L DISEASE • POLICY LIMIT b— _ S S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is listed as an Additional Insured. WHATCOM COUNTY PUBLIC WORKS -STORM WATER 322 N COMMERCIAL ST SUITE 301 Bellingham, WA 98225 ACORD 25 (20011081 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 REPRESENTATIVE O ACORD CORPORATION 1988 Contract for Services Agreement Website Developments for the Whatcom County NPDES Phase II Stormwater and Lake Whatcom Management Programs Page 14 18 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-137 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: K. Olason ,�( y� S 4112111 FinancelCouncil Originator: f \(,J ' R E C E � /f E D U U v IS KChristensen . Division Head: c 3beltll APR 0 5 2011 Dept. Head: D. Gibson 03I$! %l Prosecutor: 1 p' /� VYHATCOM COUNTY COUNCIL B. Bennett bb m 3124111 Purchasing/Budget: P. Kremen Executive: TITLE OF DOCUMENT. Birch Bay Characterization and Watershed Planning Pilot —Urban Stormwater Subwatershed Master Plan 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: S UMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This contract with Tetra Tech, Inc., will result in a subwatershed stormwater master plan for the Central North Subwatershed. This plan will serve as a prototype for BBWARM to apply to the other subwatersheds within the Birch Bay Watershed. The primary tasks in this contract include: • Inventory of existing stormwater systems and hydrologic and hydraulic analysis of flows within those systems. • Identification and evaluation of system constraints and needed capital improvement projects. • Evaluation of future land use scenario impacts on stormwater rates of flow and water quality. • Development of a capital improvement phasing and financing plan. • Public information through general public and stakeholder meetings. • Completion of a subwatershed stormwater master plan. The project total of $ 156,458 will be funded through the BBWARM District budget (cost center 169250) of which approximately $107,000 in grant funds will be contributed through reimbursements from the Environmental Protection Agency Puget Sound Watershed Management Assistance Program (Contract #201007013 with Whatcom Conservation District). COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 201007013 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: wwiv.co.whatcom.wa.us/council. 19 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director STORMWATER 322 N. Commercial St., Suite 301 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. us APR 1- 2011 TO: The Honorable Pete Kremen, County Executive, and Honorable PETE KREMEN Members of the Whatcom County Flood Control Board of Supervisors COUNTY EXECUTIVE THROUGH: Frank M. Abart, Public Works Director ,�/ FROM: Jon Hutchings, Ph.D., Assistant Public Works Director (`� Kirk N. Christensen, P.E., Stormwater Manager DATE: March 29, 2011 RE: Contract with Tetra Tech, Inc., for Birch Bay Characterization and Watershed Planning Pilot —Urban Stormwater Subwatershed Master Plan Please find attached for your review and signature a professional services contract between the Whatcom County Flood Control Zone District (FCZD) and Tetra Tech, Inc., to help develop the Birch Bay Characterization and Watershed Planning Pilot —Urban Stormwater Subwatershed Master Plan. ■ Background and Purpose A priority of the Birch Bay Watershed and Aquatic Resources Management (BBWARM) Advisory Committee ("Committee") and the Birch Bay Watershed Comprehensive Stormwater Plan (BBWCSP) is to conduct a thorough inventory and evaluation of the sub -watersheds within the BBWARM District. Implementation of the BBWARM Capital Improvement Project (CIP) program clearly demonstrates that understanding the routing and condition of the drainage system is essential to determine capital improvement project priorities and the most cost-effective order for constructing those projects. The Committee identified collaboration as a major focus for all activities undertaken by the BBWARM District. This is reflected in the many activities in their annual work plan involving participating partners. The Committee requested that County staff work with the Whatcom Conservation District (WCD), with WCD to draft grant proposals to assist with implementing priority items identified in both the BBWCSP and the BBWARM's annual work plan. A joint application was submitted to and subsequently funded by EPA's Puget Sound Watershed Management Assistance Program by WCD and the County which included two tasks: Establish a method for systematic analysis of infrastructure: Current and future infrastructure needs must be analyzed to accommodate stormwater volumes while not degrading water quality in the most cost-effective manner possible. The Central North Subwatershed was selected as the initial area to develop the prototype for collecting and analyzing Birch Bay's subwatersheds as it was rated best suited for urban development in the Birch Bay Watershed Characterization and Watershed Planning Pilot Study (adopted by Council in 2007). • Terrell Creek Stewardship Initiative: This task focuses on contacting landowners in the Upper Terrell Creek Watershed to encourage and assist with implementing livestock and other resource conservation Best Management Practices and to encourage proper on -site septic system management. 20 Contract with Tetra Tech, Inc., for Birch Bay Characterization and Watershed Planning Pilot — Urban Stormwater Subwatershed Master Plan March 28, 2011 Page 2 This contract with Tetra Tech, Inc., will result in a subwatershed stormwater master plan for the Central North Subwatershed. This plan will serve as a prototype for BBWARIVI to apply to the other subwatersheds within the Birch Bay Watershed. The primary tasks in this contract include: • Inventory of existing stormwater systems and hydrologic and hydraulic analysis of flows within those systems. • Identification and evaluation of system constraints and needed capital improvement projects. • Evaluation of future land use scenario impacts on stormwater rates of flow and water quality. • Development of a capital improvement phasing and financing plan. • Public information through general public and stakeholder meetings. • Completion of a subwatershed stormwater master plan. Tetra Tech is on the 2010 Roster for Engineering & Architectural Services (RFQ 10-01) list and was chosen through a competitive selection process. ■ Funding Amount and Source The project total of $ 156,458 will be funded through the BBWARM District budget (cost center 169250) of which approximately $107,000 in grant funds will be contributed through reimbursements from the Environmental Protection Agency Puget Sound Watershed Management Assistance Program (Contract #201007013 with Whatcom Conservation District). Please contact Kraig Olason at extension 50782 if you have any questions regarding this agreement. Attachments 21 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ,�O//041oo/ Originating Department: Public Works-Stormwater Contract Administrator: Kraig Olason, Senior Planner Contractor's /Agency Name: Tetra Tech, 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 sent 9/28/10 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 memo. $_156,458 Any amendment thatprovides either a 10% increase in amount or more than $10,000, This Amendment Amount: whichever is greater, must also go to Council and will need an agenda bill and $ supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ Scope of Services This contract with Tetra Tech, Inc., will result in a subwatershed stormwater master plan for the Central North Subwatershed. This plan will serve as a prototype for BBWARM to apply to the other subwatersheds within the Birch Bay Watershed. The primary tasks in this contract include: • Inventory of existing stormwater systems and hydrologic and hydraulic analysis of flows within those systems. • Identification and evaluation of system constraints and needed capital improvement projects. • Evaluation of future land use scenario impacts on stormwater rates of flow and water quality. • Development of a capital improvement phasing and financing plan. • Public information through general public and stakeholder meetings. • Completion of a subwatershed stormwater master plan. Term of Contract: Expiration Date: December 31, 2013 Contract Routing Steps & Sizo[f• [sign or initial) [indicate date transmitted, 1. Prepared by: Remy McConnell Date_3/18/11 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date_03/23/11_ [electronic] 3. AS Finance reviewed: _bbennett Date_3/24/11 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff _Daniel L. Gibson Date_03/23/11 7. Contractor signed: �i Date 3 - 2 S- /1 8. Submitted to Exec Office / Date [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date IL 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�aye Whatcom County Contract No. o20 / t o 40 I ( CONTRACT FOR SERVICES BIRCH BAY CHARACTERIZATION AND WATERSHED PLANNING PILOT URBAN STORMWATER SUB -WATERSHED MASTER PLAN TETRA TECH, 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 14 Exhibit B (Compensation), pp. 15 to 16 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 13th day of April 20 11 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December , 20 13 . The general purpose or objective of this Agreement is to: develop the Birch Bay Characterization and Watershed Planning Pilot — Urban Stormwater Subwatershed Master Plan , 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 FIFTY-SIX THOUSAND, FOUR HUNDRED FIFTY-EIGHT AND NO/100 DOLLARS ($156 458 . 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 CONTRACTOR: Tetra T nc. Tony,Melo e, Vice F6ident F"; n Ce v i v3 f ,,j-ra 'te e iu re S2r v i c es STATE OF WASHINGTON ) ) ss. COUNTY OF day of , 20 _. C,i tLr� i L L OPREA STATE OF V�ASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 05-09-11 On thii- day of 20 v- , before me personally appeared TONY MELONE, to me known to be the VICE PRESIDENT of TETRA TECH, INC., and who executed the above instrument and who acknowled ed to me the act of signing and sealing thereof. NOT Y PUBLIC in Wrid for the State of Washington res ding at My commission expires �� 11l Contract for Services Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan Paaa WHATCOM COUNTY: Recomm ded for 7l: 331 M. Abart ate Public Works Director Ap roved as to form: ` WWII II 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: TETRA TECH Tony Melone, Vice President t 9 i n e* I v� A S-e v v i ce s Address: 1420 Fifth Avenue, Suite 600 Seattle, WA 98101 Contact Name: Jerry Scheller Contact Phone: 206.883.9414 Contact FAX: 206.883.9301 Contact Email: Jerry.Scheller@tetratech.com Contract for Services Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan Pag 24 GENERAL CONDITIONS Series 30-39: Provisions Related to Administration of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County s option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which 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, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Contract for Services Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan Pagg, 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 Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan Pag�� 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to 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: Contract for Services Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan Pag�5, 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 or other fault 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. 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 Countys 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 Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan Page�6$ Frank M. Abart, Director, Whatcom County Public Works, 322 N. Commercial Street, Suite 210, Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment, Suspension. Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: Not Applicable Series 4049. Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments. Warranties and Representations: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to, any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 4.1.2 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: Contract for Services Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan PagY9 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. 46.1 Additional Requirements a. Lobbying General. The cost of certain influencing activities associated with obtaining grants, contracts, cooperative agreements, or loans is an unallowable cost. Executive lobbying costs: Costs incurred in attempting to improperly influence either directly or indirectly, an employee or officer of the Executive Branch of the Federal Government to give consideration or to act regarding a sponsored agreement or a regulatory matter are unallowable. Improper influence means any influence that induces or tends to induce a Federal employee or officer to give consideration or to act regarding a federally -sponsored agreement or regulatory matter on any basis other than the merits of the matter. b. Suspension and Debarment The Contractor must not be on the Federal Excluded Parties List System (www.epls.gov) or do business with other persons as described in the Code of Federal Regulations, subpart C of 2 CFR Part 180 and 2 CFR Part.1532. c. Trafficking Victims The Contractor, your employees, subrecipients under this award, and subrecipients' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or subawards under the award. d. Disadvantaged Business Enterprise (DBE) Requirements (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State, and Local government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State, and Local government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. Contract for Services Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan Pag$ EXHIBIT "A" (SCOPE OF WORK) BIRCH BAY CHARACTERIZATION AND WATERSHED PLANNING PILOT - URBAN STORMWATER SUB -WATERSHED MASTER PLAN The Birch Bay Watershed and Resource Management (BBWARM) District was established as a special purpose district to mange stormwater in the Birch Bay watershed. Earlier planning efforts initiated by the BBWARM district identified sensitive areas within the watershed that should be protected and also areas where development should be allowed. For the developing areas, watershed master planning will be needed to address deficiencies in the current stormwater infrastructure and to plan for future infrastructure needs. The BBWARM district has identified the Central North Subbasins as the pilot subwatershed for this planning effort. The stormwater management plan for this subwatershed will be used as a prototype for future subwatershed planning efforts in urban areas. The Central North Subwatershed is roughly in the shape of an elongated triangle with the base formed by Selder Road on the west. The north side of the side triangle is defined by a line running from the intersection of Snow Goose Lane and Wood Duck Lane south east to Birch Bay — Lynden Road near W 42nd Place. The remaining side is formed by Birch Bay — Lynden Road and Birch Bay Drive (Birch Bay) on the south. The subwatershed area is about 990 acres and is comprised of the Shintaffer, Cottonwood Beach North, Cottonwood Beach South, Hillside, and Hillside North Tributaries. This scope of work describes the tasks and subtasks associated with the preparation of the Urban Stormwater Subwatershed Master Plan. The following tasks include the Tetra Tech and subconsultants that are utilized on the project. Each task contains a description of the work involved and the associated deliverable(s) for that task. The corresponding phase of the Birch Bay Characterization and Watershed Planning Pilot project is shown in parentheses in the title for each task listed below. TASK 1 PUBLIC OUTREACH (PHASE U-1) Keeping the public abreast of the scope and progress of the subwatershed master plan as it develops demonstrates the tangible benefits of the stormwater program. With this in mind, the project team will perform the following tasks: 1.1 Hold three public input / information meetings as directed by the County. Tetra Tech will consult with the County on the discussion topics, time and location for public information meeting as project work proceeds. The County will arrange for a meeting site and will advertise the meeting in advance. 1.2 Attend three informal meetings with stakeholders. Tetra Tech will consult with the County on the discussion topics, time and location for council meeting as project work proceeds. Informal stakeholder meetings will be held in conjunction with public meeting. 1.3 Prepare up to three presentation graphics for use at public meetings Task 1 Deliverables: • Attendance at three public meeting • Attendance at three informal meetings with stakeholders • Up to 3 presentation graphics for public meeting and council presentation Expected Completion: December 2012 TASK 2 SYSTEM INVENTORY (PHASE U-2) Tetra Tech will collect and review information relating to the Birch Bay drainage system under this task. Tetra Tech will use existing storm conveyance GIS data with limited additional inventory provided by Tetra Tech for the Birch Bay urban stormwater study. Existing public and private GIS data will be provided by the County. A limited number of structures that are not currQntly mapped or missing required information, notably invert elevations, will be performed by Tetra Tech and added to the existing storm datasets. The subtasks focus field investigations to document the stormwater conveyance network in the Central North Subbasins. 2.1 Review and evaluate existing public and private stormwater system data and identify data gaps. • Run error checks to ensure points and lines are connected and correct for problems, and inspect for consistent downhill flow directions on all lines (pipes, culverts, and ditches). Run error scripts to flag pipes and ditches with inconsistent "start' and "end" data attributes for diameter, material, and slope for further inspection and correction. • Develop storm conveyance field maps to be used in field reconnaissance work. Outline and prioritize limited field inventory work in consultation with County staff. Contract for Services Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan Pag 9,� • Develop written technical specifications for inventory staff on identifying where to inventory, the assets to be inventoried, and attributes that must be collected at each point. 2.2 Prepare draft and final Quality Assurance Project Plan (QAPP) for all data collection activities. Data collection will proceed after approval of QAPP by US EPA. It is assumed that Whatcom County will coordinate review and approval process with EPA. 2.3 Collect additional stormwater system inventory data identified as missing in gap analysis and verify system connection during wet weather flows. It is assumed that field survey data will need to be collected for 50 ditch cross sections, 200 culverts, 100 catch basins and 12 marine outfalls. Elevation data will only be collected for elements of the stormwater system incorporated in the hydraulic modeling described in Task 5 or where needed to characterize flow path and direction. Field data will be collected using a standalone RTK GPS system. The accuracy of the elevation data will be to the nearest 0.1 foot. Catch basin data will only include the rim elevation. Whatcom County reserves the option to conduct RTK GPS system data collection in-house with the following stipulations. All activities related to RTK GPS data collection will: • Be completed within a timeframe mutually agreed to by Whatcom County and Tetra Tech or if Whatcom County determines they will not be able to complete the work within the agreed to timeframe required, they will inform Tetra Tech within 15 business days of the date of signature of this contract. • Be done in accordance with professional standards as prescribed by Tetra Tech and agreed to by Whatcom County. It is assumed that Whatcom County staff will collect measure -down depth and inlet/outlet pipe direction for catch basin structures. Additional data collection activities by County staff will be evaluated after final hydraulic model extents have been established (see Task 3). 2.4 Develop GIS geospatial database of the drainage network data and prepare a map of the stormwater conveyance system. Compile all newly inventoried data from the survey GPS units and integrate the new features and/or feature attributes into the County's Geodatabases. 2.5 Assess previously identified stormwater related problems documented in the Birch Bay Incident Entry Forms and the Birch Bay Comprehensive Stormwater Plan to identify problems that are still unresolved. Document and investigate up to 10 additional stormwater problems identified in Task 1 Public Outreach. 2.6 Prepare narrative of stormwater inventory data collection and system configuration documenting methods used by Tetra Tech to enhance existing storm GIS data. The methods outlined will detail the field inventory process and data processing procedures in the office. This document is intended to assist the County in similar efforts in other subwatersheds. Task 2 Deliverables: • Draft and final QAPP covering inventory data collection • Geodatabase of stormwater system inventory • Map of stormwater system inventory • Field survey data at up to 50 ditch cross section, 200 culverts 100 catch basins, and 12 marine outfalls. • Completed Incident Entry Forms for 10 new stormwater problems. • Narrative summary of inventory collection and verification techniques, and stormwater conveyance system configuration Expected Completion: June 2011 TASK 3 HYDROLOGIC AND HYDRAULIC MODELING (PHASE U-2) Stormwater runoff from the Central North subbasins will be characterized using hydrologic and hydraulic (H&H) modeling. Hydrologic modeling will be used to analyze the impacts of existing and future land use in the subwatershed. Flow generated from the hydrologic modeling will be used in the hydraulic modeling to verify reported flooding areas and also to identify potential flood problems resulting from future changes in land use. Design standards for future development will be established using the results of the H&H modeling. The following subtasks will be performed to support the H&H modeling: 3.1 Develop hydrologic model for five subbasins in the Central North Subbasins using the WWHM continuous simulation model Review and revise subbasin delineation for Central North Subbasins. Analyze existing land use condition and three future development scenarios. Existing land use will be based on on -site observations and aerial photography and impervious coverage database. Development of the future land use scenarios is covered in Task 5. Measured continuous flow data is not available for this system so no calibration will be performed. Instead the WWHM modeling will use regional runoff parameters developed for local areas with similar hydrologic characteristics. Cottonwood basin is a higher priority subbasin and the hydrologic modeling will be completed first in order to support ongoing CIP design needs. Contract for Services Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan Pagl3b • Compute flood -frequency and flow duration at no more than 3 points per subbasin (15 total locations). Flood -frequency estimated for the 2-, 10-, 25-, 50, and 100-year return period. • Extract representative hydrographs from long-term flow output record for 2, 10, and 100-year events. 100-year event hydrograph may be scaled from largest simulated event if the peak flow is less than the estimated 100-year peak flow value. Hydrographs will be developed for the existing land use condition and one future development scenario. 3.2 Prepare up to 14 hydraulic models for drainage network using one or more of the following models: EPA-SWMM, HY-B, normal depth calculation, or a backwater analysis spreadsheet. • Evaluate hydraulic system performance for 2-, 10-, and 100-year events for existing land use and one future land use scenario. • Verify existing flooding problems and identify future flood problem areas. • Model selection will be based on the following rationale: o EPA SWMM model will be used for large interconnected drainage networks where detailed information on flood depths are needed. o HY-B will be used for simple roadway culvert crossings. o Uniform flow calculations would be used for open channels with no backwater o Backwater analysis spreadsheets would be used for simple, single -run pipe conveyance systems. • In order to establish a level of effort of this task, the assumed model application is listed below: o EPA-SWMM models will be developed for two road drainage networks. o HY-8 models will be developed for six roadway culverts. o Uniform flow calculations are assumed for four open channel sections (natural or constructed). o Backwater analysis will be performed at two locations. • Cottonwood basin is a higher priority subbasin and the hydraulic modeling will be completed first in order to support ongoing CIP design needs. • A definitive determination on the hydraulic model approach is not possible until after a complete understanding of the flooding problems has been made. For this reason, model application will be reevaluated after the completion of the problem investigation described in Task 3.5. 3.3 Develop flow control standards.based on the capacity of the downstream conveyance system. Capacity of piped and ditched conveyance systems will be based on flood control (peak flow control). Capacity of natural channels will be based on a stream protection standard (duration matching). Erosion potential will be determined by a grain -size analysis in the natural channels. 3.4 Document H&H analysis. Task 3 Deliverables: • WWHM hydrologic model of 5 subbasins and 4 land -use scenarios • Flood frequency and flow duration at 15 locations for 4 land -use scenarios • Hydraulic models for 2 major storm drainage systems and 10 minor systems • Hydraulic performance evaluation for 2-, 10-, and 100-year design hydrographs for existing and future land use conditions • Technical memorandum documenting H&H analysis and flow control standards. Expected Completion: August 2011 TASK 4 LAND -USE DEVELOPMENT SCENARIOS (PHASE U-2) This task analyzes alternative land -use scenarios for development in the Central North subbasins as documented in the Birch Bay Characterization Plan. The analysis of land use development scenarios is an important element for BBWARM to build credibility with the community. This element will also determine the potential for greater costs, initially or over time, to the BBWARM District due to increased flows or lost opportunities to provide more onsite treatment based on loss of buffers. This task will be performed in conjunction with Task 3. 4.1 Analyze up to three land use scenarios as described in of the Birch Bay Watershed Characterization Study. Three land -use scenarios will consider current zoning, low -impact development techniques, and fee -in -lieu -of mitigation of watershed impacts. Selection of the recommended land -use scenario will be in consultation with the BBWARM Action Plan team and Whatcom County Staff. 4.2 Prepare a matrix table that describes the impacts of each land -use scenario on watershed in terms of water quality and quantity. Water quality impacts will be qualitatively discussed. Document findings, conclusions, and recommendations to address impacts in a short memorandum (6 pages or less). Task 4 Deliverable: • Memorandum with table describing impacts of each land -use scenario on the watershed. Expected Completion: October 2011 Contract for Services Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan PagtN TASK 5 CENTRAL NORTH SUBBASINS CHARACTERIZATION REPORT (PHASE U-2) The methodology and results developed from the above subtasks will be compiled into a draft characterization report for the Central North Subbasins. Report content will draw extensively from the technical documentation prepared under each of the preceding tasks. The characterization report will include a description of the system inventory, identified problems, description of the recommended system standards, a listing of LID types and preferred site locations, and an analysis of the recommended land -use development scenario. Key products developed from the preceding subtasks may be included as appendices when appropriate. 5.1 Prepare a list of LID techniques appropriate for environmental and site conditions in the Central North Subbasins. Identify suitable locations for siting LID infrastructure and prepare a map showing locations. 5.2 Develop up to ten report -sized map graphics. 5.3 Prepare draft report. An electronic copy, in PDF format, will be submitted to the County for review. 5.4 Prepare final report incorporating county comments. An electronic copy, in PDF format, will be submitted to the County. Final report will be published as Volume I of the Urban Stormwater Subwatershed Master Plan described in Task 11. Task 5 Deliverables: • 10 report graphics • Draft Subbasin Characterization Report in electronic format. • Final Subbasin Characterization Report in electronic format. Expected Completion: December 2011 TASK 6 LOCAL PLANS AND DEVELOPMENT REGULATIONS (PHASE U-3) Survey other jurisdictions with special stormwater districts similar to the BBWARM. Research legal options for including subwatershed-specific operational, policy, and development recommendations in local plans and development regulations. Specific issues to investigate include: • Evaluate methods to encourage use of LID as the preferred stormwater treatment. • Develop recommendations for linking the sub -watershed master plan with other planning documents. • Determine what authority the BBWARM district has to direct future development in the watershed. • Identify the range of opportunities or limitations of the authority of the BBWARM district. • Identify specific policies or range of policies for inclusion in the BBWARM District Comprehensive Plan or other administrative policy manual. Findings will be documented in a short memorandum. Task 6 Deliverable: • Memorandum describing legal options and survey results. Expected Completion: March 2012 TASK 7 FISCAL AND FUNDING POLICIES (PHASE U-3) Research legal options and survey other jurisdictions with special stormwater districts as background for developing fiscal and funding polices in conjunction with BBWARM Advisory Committee and Whatcom County staff. Document findings in a short memorandum. Task 7 Deliverable: • Memorandum describing recommended fiscal and funding policies. Expected Completion: March 2012 TASK 8 CIP PROGRAM (PHASE U-3) After gathering information on the existing drainage system and obtaining input from County staff, the project team will analyze characteristics of the system and recommend improvements to address system deficiencies and meet regulatory requirements. 8.1 Reevaluate capital projects developed under the Birch Bay Comprehensive Stormwater Plan. Identify projects from the BBCSWP that should be retained in the Stormwater Subwatershed Master Plan and document reasons for projects that are excluded. It is assumed that 10 problems will need to be re-evaluated. 8.2 Indentify small -works projects that can be implemented by County crews. Small works projects are assumed to be projects with minimal engineering, design, and permitting requirements. Contract for Services Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan Pagtif 8.3 Develop capital projects that will solve problems identified in Task 2. Projects will consider traditional solutions such as the addition of catch basins to drain low spots, identifying new curb and gutter locations, or adding new pipelines where the existing drainage infrastructure and will also consider and low -impact development and green building techniques. It is anticipated that ten new capital projects will be identified. Facility sizing may be performed using computer models developed as part of Task 4. Qualitative methods may be used where appropriate for relatively simple CIP configurations. 8.4 Prepare a cost estimate for each of the identified improvement projects. The cost estimates will be tied to the present ENR which will allow escalation for updating the estimates at a later date. Unit costs will be estimated, in order of preference, based upon recent local bid tabs, regional unit cost summaries, and generalized unit costs. Land requirements and unit area costs will be included in the cost estimate for those facilities, such as regional or local detention sites, that compose an identified improvement. 8.5 Prepare two -page project summary sheets describing the proposed CIP project. Project summary sheets will include the following: • Problem Description • Project Description • Concept Sketch where appropriate • Photo sketch where appropriate • Cost Estimate • Evaluation Summary Task 8 Deliverables: • CIP project summary sheets • Conceptual project cost estimates for each identified project. Expected Completion: May 2012 TASK 9 PHASING PLAN (PHASE U-3) Develop a phasing plan based on logical infrastructure development of new stormwater facilities and retrofitting existing drainage systems. The phasing plan will establish funding priorities and establish a sequencing of CIP construction within the subwatershed that is driven by the needs of the watershed. Prioritize and rank the identified improvement projects using an evaluation matrix approach. The evaluation matrix will ultimately consist of criteria defining different aspects of the project, such as cost, qualitative assessment of the environmental impact, or identification as an essential facility. In. consultation with County staff, identify preliminary criteria (up to 10) and propose initial weighting factors for each criteria. Prioritization criteria will be based on criteria developed for the Birch Bay Comprehensive Stormwater Plan and will incorporate concepts included in the Osborn screening process. These criteria will be reviewed and modified as needed to meet the specific needs of the Urban Stormwater Subwatershed Master Plan. • Prepare a tabulated capital improvement program schedule for the prioritized projects. Establish a process that incorporates the Birch Bay capital improvement program into the overall Schedule capital improvement program based upon the anticipated drainage improvement budget showing the distribution in time versus project when each improvement project can be financed and constructed. • Outline a process that allows for incorporating basin specific capital projects into County capital facilities planning process. Task 9 Deliverables: • Evaluation Criteria • Project prioritization • A capital improvement program schedule of the preferred alternative (hardcopy and electronic format). Expected Completion: June 2012 TASK 10 SUBBASIN STORMWATER MASTER.PLAN (PHASE U-3) The methodology and results developed from Tasks 6 — 9 will be compiled into Volume II of the Urban Stormwater Subwatershed Master Plan. It is assumed that the table of contents will generally follow the task outline for this scope of work. Key products developed from the preceding subtasks may be included as appendices when appropriate. The document is intended to pull together the analysis and procedures used to arrive at the ranked priority project list. The final plan will include the Characterization Report completed as part of Task 5. A SEPA checklist will be prepared to document the environmental impacts of the Urban Stormwater Subwatershed Master Plan. 10.1 Prepare draft and final SEPA Checklist. It is assumed that no new analysis will be prepared to support the SEPA checklist documentation. Instead, analysis performed for this plan and earlier planning efforts is assumed to adequately characterize Contract for Services Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan Pag environmental impacts. SEPA checklist will be submitted to the County as an electronic copy of the draft SEPA checklist, in PDF format. A final SEPA checklist will prepared after incorporating County review comments. 10.2 Prepare Draft Urban Stormwater Subwatershed Master Plan. An electronic copy, in PDF format, will be submitted to the County for review. Review comments will be limited to Volume II content unless substantial changes have been made to Volume I. 10.3 Prepare Final Urban Stormwater Subwatershed Master Plan incorporating County comments. An electronic copy, in PDF format, will be submitted to the County for review. Final report will be published as Volume II of the Urban Stormwater Subwatershed Master Plan described. Task 10 Deliverables: • Draft and Final SEPA Checklist • Draft Urban Stormwater Subwatershed Master Plan in electronic format. • Final Urban Stormwater Subwatershed Master Plan in electronic format. Expected Completion: December 2012 TASKII PROJECT MANAGEMENT The focus of this task is to maintain effective communication with the County's Project Manager and County staff, to manage the project budget, and coordinate the timing of all tasks within the project to ensure completion within the project schedule. 11.1 Prepare project plan defining staff responsibilities and schedules. Conduct a project start-up meeting involving key team members at Tetra Tech offices. 11.2 Ongoing project management and coordination with the project team. Management functions including coordinating labor, meeting key scheduling milestones, and maintaining budget occurs within this task. 11.3 Meetings between Tetra Tech and the County. Two meetings are budgeted involving two Tetra Tech employees for six hours each plus one hour of clerical support, per meeting. 11.4 Preparation of monthly progress reports which include a summary table comparing amount expended and remaining budget. 11.5 Quality assurance review conducted by a senior Tetra Tech engineer not associated with this project to review the technical content of the product. Task 11 Deliverables: • Project Instructions • Schedule • Monthly progress report and budget summary • Coordination meetings Expected Completion: December 2012 Contract for Services Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan Paged :a m � H U) mZ LU Xa w 0 0 �I�� �Illlllillllllllllilllllllllllilllllll1011lillllllllllllllllll �� IIIIOIIIIIIIIIIIOIIIIIIIOIIIIIIIIIIIIIIIIIIIIIIOIIIOIIIIIII l - :. �O OIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I ••.®� IIII��I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII�II���I�IIIIIIIIIIIIIIIIIIIIII �� 1@@�IIIIIIIIIIIIIIIIIIIIIIIIIIg111g9110g01�1���111111@891110 �� I l0■� II IIIIIIII (IIIIII IIII III II IIIIII I II IIIIII IIIIIIIIII IIIIIIII i I �I10®I (IIIIIIII lillllllllillllllllllllllllllllllllllllillillllll _� ��I��� (IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0im1�©111101111100111111110111��10�11111111111111111101�1111111110 oil 111==1111111111111111111111111IIII1111111111111111111111oOO111119 M 1 m�� eeeeeeeeeeeeeeseeeeememeeeeesmeeeememeememeemeeeeseeeeemeee � �111�11'1,1��11'�11�1�11�'111111111111111111111111111111111 e ��� ®„ meee�eeee�� 1111M= eeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeemeeeeeeeeeeeeeeaee �11���1111���111'�11IIII���11111111111111111111111111111111 e ���Ig YIIIgglgglggY111Yllllgll01011�ll�llllllllllg111111111111111 g oil 1�®1111i11i111111111111ii11111111111111111111111111111i1111111 i ���1�01111�110111111111111� 11111111111111111111111111111111111110 Ulm 1®11110100110111111111��111111I111111111111111111111101111111 Him 1O 11110110111111111111�11111111111111111111111111111111111111 O MMM ®lm1®111i111111101111111101110�111�11111111111111111010�111111110 e��� eee eeeeeeeeeeeeeeeeeeeeeeseseeemememeeveeeeeeseeeeememeeee e U111®111101111®100101�OOI��010111101011111oO11O1oo00010101111111 0 00�WIN uiii 1111111111111111111111111111 ����®i11111111111Y11111111111g�llllllllllllllllllllllillgg Ilgll g ■■�Illllllllllollll�llllllllllllllllllllllllllllllllllli ((IIII �ooa�0000oa��oam�a000eeatoe�at000te�o'ea�m��e��'00�to ooa�� t .. � 11111119111111111111111110111111119191099811111119119 (IIII I _ 1111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIII - - © - n � d p� d a-ao �a � y E _T mt L a d d 3 o� m pc O 2 ci 0° a cLi -� U d °Jcg'3 � h > d _ o. d 'm 3 0 O o - o o y � o E U � - d Q L U) U E y O d y E k 82—o a U) o d o -y� lL. c E d o � a � � m a rn > � O U .o L. Efo d � U � U y o d a - d a G a - .n X N N oo E o _ ��UU d .0 N 3 a d a d y � 3 o� d a E:2 -- = = o o d d E o. L N udi a X d N d � d aa d d d� O $ d O � N C O N o d d d d N � OI O > c U y d oE d N 0 E2 � N t EE O U U O 3 mU�� Task Summary by Scope Task Expected Completion Hours Base Cost Burdened Cost 1. Public Outreach (Phase U-1) December 2012 40 $4,901 $5,779 2. System Inventory (Phase U-2) June 2011 224 $22,561 $26,186 3. Hydrologic and Hydraulic Modeling (Phase U-2) August 2011 261 $29,748 $34,747 4. Land Use Development Scenarios (Phase U-2) October 2011 72 $8,770 $10,220 5. Prepare Characterization Report (Phase U-2) December 2011 122 $13,075 $15,236 6. Local Plans and Development Regulations (Phase U-3) March 2012 32 $3,662 $4,353 7. Fiscal and Funding Policies (Phase U-3) March 2012 2 $291 $346 8. CIP Program (Phase U-3) May 2012 62 $7,175 $8,528 9. Phasing Plan (Phase U-3) June 2012 32 $3,804 $4,521 10. Subbasin Stormwater Master Plan (Phase U-3) December 2012 122 $14,856 $17,657 11. Project Management December 2012 79 $10,234 $11,833 Total Labor 1,048 $119,077 $139,404 Expenses $3,440 $3,784 Subconsultants - FCS Group $12,064 $13,270 Total $156,458 Contract for Services Birch Bay Characterization and Watershed Planning Pilot -Urban Stormwater Subwatershed Master Plan Page3166 A�Ro CERTIFICATE.OF LIABILITY INSURANCE DATE(MWDDIYYYY) 03/26,2011 F 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 Aon Risk Insurance Services west, Inc.E' Los Angeles CA Office CONTACT NAM (AC. No. Ext): (866) 283-7122 ac No : (847) 953-5390 E4VlAIL ADDRESS: 707 wi 1 shire Boulevard Suite 2600 INSURERS) AFFORDING COVERAGE NAIC # Los Angeles CA 90017-0460 USA INSURED INSURER A. National Union Fire Ins CO Of Pittsburgh 19445 Tetra Tech, Inc. 1420 Fifth Avenue, Suite 600 Seattle WA 98101 USA INSURER B: Insurance Company of the State of PA 19429 INSURERC: Chartis Specialty insurance Company 26883 INSURER D: Lexington Insurance company 19437 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570041907530 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. 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Limits shown are as requested LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD MMIDD LIMITS A GENERAL LIABILITY GL EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence$1,000,000) CLAIMS -MADE OCCUR MED EXP (Any one person) $10, 000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 , 000 , 000 POLICY X PRa JECT X LOC A AUTOMOBILE LIABILITY CA 826 36 72 10 01 2010 10/01/2011 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY ( Per person) X ANY AUTO BODILY INJURY (Per accident) ALL OWNED SCHEDULED AUTOS AUTOS X HIREDAUTOS N NON -OWNED AUTOS PROPERTYDAMAGE Per accident D X UMBRELLALIAB X OCCUR TH1000027 10/01/2010 10/01/2011 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5 , 000 , 000 DED RETENTION B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR I PARTNER I EXECUTIVE OF (Mandatory InEREXCLUDED? NIA wC01477 806 A05 wwc014770807 10/01/2010 10/01/2010 10/012011 10/01/2011 WC STArU- OTH. X TORY LIMITS ER E.L. EACH ACCIDENT - $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 c contractor Prof cOPs1952583 10/01/2010 10/01/2011 Each Claim $5,000,000 Prof/Poll Liab Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Project Start Date: March 2011 Project End Date: 12/31/12. job Description: whatcom County Birch Bay Storm Design (TT Birch Bay 2011 3.22 contract). whatcom county is included as Additional Insured with respect to General Liability and Auto Liability policies where required by written contract. Stop Gap Coverage for the following states: OH, WA, WY. CERTIFICATE HOLDER Q= ti �1 NFL- IE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. whatcom county AUTHORIZED REPRESENTATIVE Attn: Remy McConnell Public works Annex Stormwater � `� �� �OZT�>sd � Civic Center Annex 322 N. Commercial Street, Suite 301 Bellingham wA 98225 USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 39 P,1_� CANCELLATION WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-138 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: mg 3/18/11 C D 4/ 12 / 11 Finance/Council Division Head: Dept. Head: O t 11 APR 0, 5 2011 Prosecutor: IIV HATCO M COUNTY Purchasing/Budget: COUNCIL Executive: TITLE OF DOCUMENT. Executive Office of the President Office of National Drug Control Policy. Grant Agreement #G11NW0004A ATTACHMENTS: Two copies of the Grant Agreement G11NW0004A with the Executive Office of the President Office of National Drug Control Policy, SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This award will fund the Northwest HIDTA Border Task Force Prosecution Initiative of the Northwest High Intensity Drug Trafficking Area from January 1, 2011 — December 31, 2011. It pays for one prosecutor and one secretary as well as fund the maintenance on the Aegis R Public Safety Interface Software — AS/400 State/NCIC Interface. COMMITTEE ACTION. COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 MEMORANDUM TO: Pete Kremen, County Exe iv FROM: Bill Elfo, Sheri RE: HIDTA, Grant Agree e Award Number: GIINW0004A DATE: March 18, 2011 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR W ENDY JOKES CHIEF OF CORRECTIONS MAR 2 4 2011 PETE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals between Whatcom County Sheriff's Office and Executive Office of the President Office of National Drug Control Policy for your review and signature. Background and Purpose This award will support the Northwest HIDTA Border Task Force Prosecution Initiative of the,Northwest High Intensity Drug Trafficking Area from January 1, 2011 through December 31, 2011- The grant will pay for a prosecutor and a secretary in the Prosecutor's Office and well as the majority of the costs for the software maintenance costs for the NEW World Systems Corporation — Aegis R Public Safety Interface Software — AS/400 State/NCIC Interface. HIDTA (High Intensity Drug Trafficking Area) program enhances and coordinates drug control efforts among local, State and Federal law enforcement agencies. The program provides agencies with coordination, equipment technology and additional resources to combat drug trafficking and its harmful consequences in critical regions of the United States. • Funding Amount and Source Total funding is in the amount of $175,073.00 and is from the Executive Office of the President Office of National Drug Control Policy. However, at this time, we are only being awarded 42% of the total award which is $73,531.00. The remainder will be awarded at a later date. • Differences from Previous Contract n/a Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in At Safety. Please contact Undersheriff Jeff Parks at 50418, if you have any questions or concerns regarding the terms of this agreement. Encl. 42 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. .20/ 1030aa Originating Department: Whatcom County Sheriffs Office UndersheriJeff Parks Contract Administrator: Contractor's /A ency Name: Executive Office of the President Office o National Drug Control Policy Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes No X Ifyes, previous number(s): Is this a grant agreement? Yes X No Ifyes, grantor agency contract number(s)G11NW0004A CFDA number _95.001 Is this contract grant funded? Yes _ No Ifyes, associated Whatcom County grant contract number(s) Is this contract he result of a RFP or Bid process? Yes _ No X Ifyes, RFP and Bid number(s) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $ 73,531.00 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ greater, must also go to Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: $73,531.00 Executive with supporting memo for approval. Scope of Services [Insert language from contract (Exhibit A) or summarize; expand space as necessary] This award supports the Northwest HIM Border Task Force Prosecution Initiative January 1— December 31, 2011. It w Wpay for one prosecutor, one secretary and the maintenance on the Aegis R Public Safety Interface Software — AS1400 State/ NCIC Interface. Term of Contract: 1/01/11 Expiration Date: 12/31/1,2, Contract Routing Steps & Signoff [sign or initiall (indicate date transmitted 1. Prepared by. mg Date_3118111 [electronic] 2. Attorney reviewed: Date [electronic] 3. AS Finance reviewed: Date 312.3electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff Date 7. Contractor signed: Date 8. Submitted to Exec Office ✓ Date 3-asummary via electronic; hardcopies] 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 43 COUNTY ORIGINAL MC UN;�.' CO NIT ablr o3aaa Page 1 of 5 Executive Office of the President Office of National Drug Control Policy Grant Agreement 1. Recipient Name and Address 4. Award Number: G11NW0004A County Executive Pete Kremen Whatcom County 5. Grant Period: From 01/01/2011 to 12/31/2012 311 Grand Avenue Bellingham, WA 98225 1A. Recipient IRSNendor No.: 1916001383B2 6. Date: 3/11/2011 7. Action X❑ Initial Subrecipient Name and Address 8. Supplement Number Supplemental 2A. Subrecipient IRSNendor No.: 9. Previous Award Amount: 3. Project Title 10. Amount of This Award: $73,531 Northwest HIDTA Border Task 11. Total Award: $73,531 Force -Prosecution 12. Consistent with Public Law 111-322, the Continuing Appropriations Act, 2011, this document provides a total budget and spending ceiling as reflected in Block 10 of the Grant Award document, which represents funding at the rate of 42% of the fiscal year 2010 funding level. Accordingly, the sum of all budgets cannot exceed the award amount reflected in Block 10 of the Grant Award document. The Office of National Drug Control Policy acknowledges that the aforementioned funding level is below the stated budget requirements; however, additional funding cannot be made available until enacted through public law. 13. Statutory Authority for Grant: Public. Law 111-322 14. Typed Name and Title of Approving Official 15. Typed Name and Title of Authorized Official Michael K. Gottlieb Pete Kremen Acting National HIDTA Director Whatcom County 16. Signature of Approving ONDCP Official 17. Signature of Authorized Recipient/Date �• ��Q� 18. Accounting Classification Code 19. HIDTA AWARD DUNS: 803417989 ONMOWSE1112 EIN: 1916001383B2 OND2000000 OC4101 WHATCOM COUNTY: heriff 3 at /j/ Date Appro od as to form: _-�:� 't)"& -"/ �a3(1� rosecuting Attorney Date Approved: Accepted for Whatcom County Pete Kremen, Whatcom County Executive Date 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 acknowledge to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: 45 Grant G11NW0004A Page 2 of 5 GRANT CONDITIONS A. General Provisions 1. This grant is subject to: • OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Government; or, if applicable, OMB Circular A-21, Cost Principles for Educational Institutions; • OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; or, if applicable, OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations; • OMB Circular A-133, Audits of States, Local Governments and Non -Profit Institutions; • Government -wide Debarment and Suspension (Non procurement), codified at 21 CFR § 1401 et. seq.; • Government -wide Requirements for Drug -Free Workplace (Grants), codified at 21 CFR § 1401 et. seq.; • New Restrictions on Lobbying, codified at 18 USC § 1903 and 31 USC § 1352; • Nondiscrimination in Federally Assisted Programs and Equal Opportunity Plans requirements are codified at USC, Title VI (42 USC § 2000d et seq.); and • Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). 2. Audits conducted pursuant to OMB Circular A-133, "Audits of State and Local Governments", must be submitted no later than nine (9) months after the close of the grantee's audited fiscal year. A copy of the audit report and management letter must be sent to: EOP/ONDCP Attention: Michael Reles GSD/RDF (202) 395-6608 Anacostia Naval Annex Bldg 410/Door 123 250 Murray Lane, SW Washington, DC 20509 or: mreles @ ondcp. eop.gov .N Grant G11NW0004A Page 3 of 5 3. Grantees are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management (HHS/DPM). Other reporting requirements are specified in the HIDTA Program Policy and Budget Guidance. 4. The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the HIDTA, its fiscal agent(s), HIDTA employees, HIDTA contractors, as well as state, local, and federal HDTA participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. B. Special Conditions HIDTA Grants The following special conditions are incorporated into each award document. 1. This grant is awarded for the initiative(s) named above. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's HIDTA Program Policy and Budget Guidance. 3. No HIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling of HIDTA Program funds for confidential expenditures; i.e. the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6-12 of the HIDTA Program Policy and Budget Guidance. 6. The grant recipient agrees to account for and use program income in accordance with the "Common Rule" and the HIDTA Program Policy and Budget Guidance. Asset forfeiture proceeds generated by the HIDTA-funded initiatives shall not be considered as program income earned by HIDTA grantees. 47 Grant G 11 NW0004A Page 4 of 5 7. Property acquired with these HIDTA grant funds is to be used for activities of the Northwest HIDTA. If your agency acquires property with these funds and then ceases to participate in the HIDTA, this equipment must be made available to the HIDTA's Executive Board for use by other HIDTA participants. 8. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. C. Payment Basis A request for Advance or Reimbursement shall be made using the HHS/DPM system (www.dpm.psc.gov). Copies of invoices or payroll registers must accompany the payment confirmation number to provide documentation for the reimbursement request. Requests for advances must be accompanied by details specifying the need for the advance. Documentation of how the advance was spent must be submitted within 21 days before another advance or reimbursement will be approved. 2. The HIDTAs, or their respective grantees, must utilize the HIDTA program Financial Management System's (FMS) Disbursement module each time they submit a disbursement request to the NHAC. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered into the FMS. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be FDIC insured. The account must be interest bearing. 3. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self -Determination Act (23 U.S.C. 450), grantees and subgrantees shall promptly, but at least quarterly, remit interest earned on advances to HHS/DPM at the address provided below. When submitting your checks, please provide a detailed explanation which should include: reason for check (remittance of interest earned on HIDTA advance payments), check number, grantee name, grant number, interest period covered, and contact name and number. Ms. Janet Fowler Division of Payment Management Department of Health and Human Services Via U.S. Postal Mail: P.O. Box 6021 Rockville, MD 20852 Via FedEx: 7700 Wisconsin Avenue loth Floor Bethesda, MD 20814 I • Grant G11NW0004A Page 5 of 5 4. The grantee or subgrantee may keep interest amounts up to $100 per year for administrative purposes. RECIPIENT AC CE OF GRANT CONDITIONS Signature: �r Date: Name: Pete Kremen Organization: Whatcom County . • a C) 0 0 0 z 4 �i 0 0 M C) 0 �o m� H 0 V = N L C' N..ZLL O 0 H ❑ c0i O Ml s Q °' V10 a7 _ Of 41 co TA 41 O O M 50 Budget Detail 2011 - Northwest Initiative - Northwest HIDTA Border Task Force - Prosecution Award Recipient - Whatcom County (G11NW0004A) Resource Recipient - Whatcom County Prosecutor's Office Awarded Budget (as approved by ONDCP) $175,073.00 Personnel Quantity Amount Attorney 1 $85,414.00 Paralegal & Support 1 $35,169.00 Total Personnel $120,583.00 Attorney 1 $27,189.00 Paralegal & support 1 $17,545.00 Total Fringe $44,734.00 Software - maintenance $9,756.00 Total Services $9,756.00 Total Budget $175,073.00 Page 1 of 1 3/4/20119:27:42 AM 51 52 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-139 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ortgtnator: Drew L. DLB 3/22/11 ^ 4/12 11 Finance UWhatcomCoet_, WSU Whatcom Coun Extension � E f�V�j E � V E D APR 0` 5 2011 Council Division Head Dept. Head Drew L. Bet: DLB 3/22/11 WHATCOM COUNTY COUNCIL Prosecutor: KNF 3123111 mdc 3123111 Purchastn Bud et: Executive: TITLE OF DOCUMENT. Letter of Support, Letter of Agreement ATTACHMENTS. Letter of Support, Letter of Agreement SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( )Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUM" 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.) Agreement with WSU for non -cash match using existing resources. COMMITTEEACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. 53 WHATCOM COUNTY �G°M co Drew Betz WSU Whatcom County Extension 3�P °�i Director 1000 N Forest Street, #201 RECEIVED Bellingham WA 98225 MAR 31 2011 MEMORANDUM PETE KREMEN COUNTY EXECUTIVE TO: Pete Kremen, County Executive FROM: Drew Betz, Director r✓ t/ RE: Food $ense Program Matching Agreements DATE: April 12, 2011 Enclosed is the necessary paperwork for an agreement with Washington State University for your review and signature. ■ Background and Purpose This is a non -cash match. It supports the operation of the Whatcom County Food $ense program that is housed in the WSU Whatcom County Extension program. ■ Funding Amount and Source This is a non -cash match that shows we are using county space. We get money from the federal government for documenting the use ofjDace, M and O and phones. ■ Differences from Previous Contract We have not had a contract for the past two years. Please contact Drew Betz, WSU Whatcom County Extension, at extension 50285, if you have any questions or concerns regarding the terms of this agreement. Encl. 54 WIIATCOM COUNTY CONTRACT INFORMATIONSIIEET Originating Department: WSU Extension Contract Administrator: Drew Betz Contractor's /A en Name: Washington State University 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 _ No x Ifyes, RFP and Bid number(s) Contract Amount. -(sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $ 6515 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ greater, must also go to Council and will need an agenda bill and Total Amended Amount: supporting memo. If less than these thresholds, just submit to $ Executive with supporting memo for approval. Scope of Services Term of Contractl year Expiration Date: 9-30-11 Contract Routing Steps & Signoff° !sign or initiall (indicate date transmitted 1. Prepared by: Drew L. Betz Date 3122111 2. Attorney reviewed. • KNF Date_3123111 3. AS Finance reviewed: mdc Date 3123111 4. IT reviewed if IT related Date 5. Corrections made: Date 6. Attorney signof. . Date 7. Contractor signed: Date 8. Submitted to Exec Office Date q-'f- l l 9. Reviewed by DCA Date [electronic] [electronic] [electronic] [electronic] [electronic] hard copy printed [summary via electronic; hardcopies] 99 10. Council approved (if necessary) 11. Executive signed. • _ 12. Contractor Original 13. Returned to dept; 14. County Original to Council page Date Date Date Date this form may need to expand to more than one 56 WASHINGTON STATE UNIVERSITY 10 EXTENSION ` HAT Obi COUN 3 Y 1 O I( b If 003 Y2011 Contract ------- fo=n_� Name: Whatcom Introductory Letter and Agreement o 00 for COUNTY GOVERNMENTS Supplemental Nutrition Assistance Program Nutrition Education WSU Extension forms partnerships with multiple community agencies to provide nutrition education each year for thousands of people who are eligible for the Supplemental Nutrition Assistance Program. Supplemental Nutrition Assistance Program Nutrition Education (SNAP -Ed), part of WSU Food $ense, is funded as an administrative expense of the Supplemental Nutrition Assistance Program (SNAP). WSU contracts with DSHS, the state SNAP agency, and is reimbursed for 50 percent of actual costs, including costs documented by third party partners. The reimbursement is the federal share that covers WSU's costs to provide the program. Third party cost share partners do not receive reimbursements. Partners enter into an agreement with WSU and are responsible for claimed cost share. Local cost share must adhere to the same cost policies and requirements as those under the federal share. Regulations for SNAP require that all administrative expenses be cost shared with state or local government funds. The government funds must not be from federal sources and must not be matched to other federal funds. Government funds are those raised by taxes, levies and enterprises of governments and appropriated for the public good. For the purpose of this program, federal funds never lose their identity. Federal requirements must be met for both the federal share of expenses and the matching funds. Local WSU faculty and staff assist community partners in meeting the fiscal requirements by providing instructions and worksheets and answering questions. The cost principles are specified under OMB Circulars A-87, A-21, and A-122. Allowable costs are also defined by Food and Nutrition Service (FNS) departmental rules at 7 CFR 3016 and SNAP rules at 7 CFR Part 277, and the SNAP Guidance. Extension's community partners document the value of their matching public funds as a best estimate on the Letter of Support, using provided worksheets for details. Community partners document actual, after -the -fact contributions quarterly with a Verification of Support and supporting details. Partner agencies agree to maintain records of their SNAP -Ed cost share funds for audit for six years. WSU programs are subject to federal, state, and internal audits. LETTER OF AGREEMENT FOR NUTRITION EDUCATION Contingent on the award of federal funds, WSU Food $ense will provide education and other services as outlined in the SNAP -Ed State Plan. In consideration of those services and the opportunity to participate in the program, the county/agency named below is agreeing to enter into Letter of Support (attached) and to keep and provide the records and services outlined in this Introductory Letter and Agreement. I. PURPOSE & SCOPE This is an agreement between Washington State University Extension and Whatcom County to provide support for the delivery of nutrition education for the residents of Whatcom County who are SNAP eligible. , This agreement: I . Identifies the roles and responsibilities of each party for this activity. 2. Confirms the intent of WSU to provide nutrition education services to residents of Whatcom County who are SNAP eligible. 3. Confirms the intent of Whatcom County to provide non-federal public funds as matching funds detailed in the Letter of Support to increase nutrition education for eligible county residents. 4. Supports WSU's contract with the Department of Social and Health Services to deliver nutrition education for Basic Food (SNAP) eligible persons, including adults and youth. SNAP-ED FY2011 County Govemment57 II. UNDER THIS AGREEMENT WASHINGTON STATE UNIVERSITY WILL: 1. Develop a plan for the delivery of the nutrition education. 2. Hire, supervise and train staff to deliver the nutrition education program. 3. Provide travel costs, demonstration supplies and printed materials for nutrition education classes. 4. Provide technical assistance in preparing required documentation. 5. Maintain enrollment records of clients reached, and evaluate the impacts of the nutrition education intervention. 6. Report to Whatcom County officials regarding the outcomes and impacts of its programs. III. UNDER THIS AGREEMENT Whatcom COUNTY WILL: 1. Maintain records of matching fund contributions for audit for 6 years. 2. Provide the following as detailed in the Letter of Support (check all that apply): ❑ Provide County Extension staff to support the delivery of nutrition education classes. ❑ Provide space for WSU faculty and staff who work in the nutrition education program. ❑ Provide other goods and services for use by the nutrition education program. ❑ Other (describe) IV. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. Modification: This agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the Parties. 2. Termination: This agreement may be terminated by either party hereto upon written notice delivered to the other party at least thirty (30) days prior to the intended date of termination. By such termination, neither party may nullify obligations already incurred prior to the date of termination. 3. Each party to this agreement shall be responsible for its own acts or omissions and those of its officers, employees, and agents. No party to this agreement shall be responsible for the acts and omissions of those not a party to this agreement and each party shall indemnify and hold the others harmless for any and al.1 claims, injuries, damages, losses or suits, including attorneys' fees, arising out of its own acts or omissions and those of its officers, employees and agents. V. FUNDING This agreement is contingent on the award of federal funds. This agreement does not include the reimbursement of funds between the two parties. VI. EFFECTIVE DATE AND SIGNATURE This agreement shall be effective upon the signature of Washington State University and a Whatcom County authorized official. It shall be in force from October 1, 2010 to September 30, 2011. Washington State University and Whatcom County indicate agreement by their signatures. Daniel G. Nordquist, Director, OGRD Name: 1(reVV120, Title: Co uAAhi br Washington State University County: Whatcom Signature Date Signature FOR PROGRAM and STATE OFFICE STAFF USE ONLY;.LO.A Request: Date SNAP-ED FY2011 County Government 58 Letter of Support for FY 2011 Washington State University County/Al Whatcom Must be attached to Letter of Agreement. Food $ense (SNAP -Ed)* Food $ense Program: Whatcom Program Year: 2010-2011 April 16-Sept. 30, 2011 BUDGET CATEGORY Contribution - Attach worksheets with details. S Amount For Administrative use only SALARIES AND WAGES - include FTE % or hourly rate "ti t -Pit ' r� Use attached Detail Worksheet or list below $ $ SUBTOTAL SALARIES & WAGES $ - BENEFITS - state rate as % of salary Use attached Detail Worksheet or list below $ SUBTOTAL BENEFITS $ - GOODS & SERVICES list by category) ? R re - - .ter Use attached Detail Worksheet or list below $`� jr �` s' 3 ` f ' d Y .� rqI Space Use Worksheet C or E $ Maintenance & Operations (Worksheet D or E f , ' ' Other: $ �: ck x 1 > i T r M1tiy �J W $ SUBTOTAL GOODS & SERVICES $ 6,515.00 TRAVEL f ` Use Worksheet K or list here $ SUBTOTAL TRAVEL $ - SUBTOTAL DIRECT COSTS $ 6 515.00 FACILITIES & ADMINISTR INDIRECT COST — * << % $ - TOTAL PROPOSED CONTRIBUTION I $ 6,515.00 * Attach a copy of the current negotiated rate. Please complete: • Source(s) of government (state, county, city) funds for above expenses: _ General Fund • I attest that the intended contributions of support are government, non-federal funds that have not been used to match other federally -funded programs. • I certify that I am a fiscal authority authorized to sign this Letter of Support 'pe-4-e Krevr,2r,, 00uhLg Exe.cwhVe. Name of Fiscal Authority (type or print) Title Signature Whatcom County Organization Date 311 Grand Ave Bellingham WA 98225 360-676-6717 Address (Street, City, State, ZIP code) Phone Number *Supplemental Nutrition Assistance Program - Nutrition Education Valid for Foof $ense FY 2011 budget cycle. 2011 LOS 3/30/11 59 Optional Detail Worksheet Whatcom County Attach to signed Letter of Support PROPOSED IN -KIND CONTRIBUTIONS Attach to Letter of Support Food Sense Program for: Whatcom County Program Year: 2010-2011 April 16, 2011 - Sept. 30, 2011 BUDGET CATEGORY Attach worksheets with details. FTE Hrly Rate Total Hrs Contribution - $ Amount SALARIES AND WAGES - include FTE % or hourly rate $ $ SUBTOTAL SALARIES & WAGES $ BENEFITS - % of salary or $ rate per hour worked % ✓ $ $ �.��-.ea.. _-_.' ..;,-. .. .--�.:�.yv-:wa..a.»4:s,+-..: ..r�,_x�--..:.. _,..en. - :c. -.-aanYrtu's:u•�w,..;ri�=r SUBTOTAL BENEFITS $ - GOODS & SERVICES list by category)' Building Use Worksheet C or E $ 2,384- _ ;--r Fa r .' � L T , s 1 Maintenance & Operations (actual cost or Standard Cost Option -- Worksheet D or E) $ 4,154 Capital Equipment use(County Partner only: Worksheet F Non -Capital Equipment use(County Partner only: Worksheet G Postage(Worksheet H $ Office Copies(Worksheet H & J Print Shop Copies I1 x 8.5(Worksheet H & J $ Print Shop Copies I I x 17(Worksheet H & J $ Other Print Shop expenses(Worksheet H $ Office Supplies Dedicated to Food $ense(Worksheet H $ Office Supplies and Materials(Worksheet H $ Courier Services Worksheet H $ Equipment Repairs(Worksheet H $ Network Lines(Worksheet H Phone lines and long distance(Worksheet H $ 318 Computer Support Services(Worksheet H $ E-mail box maintenance orksheet H $ SUBTOTAL GOODS & SERVICES $ 6,515 TRAVEL ` (Worksheet K if needed SUBTOTAL TRAVEL $ SUBTOTAL DIRECT COSTS $ 6,515 $ 6,515 INDIRECT COST(FACILITIES & ADMINISTRATION) 0.00% $ TOTAL PROPOSED CONTRIBUTION $ 6,515 $ 6,515 Letter of Suppor_6d-OtherWC 2011final.)ds\Optional LOS Detail Valid for Food $ense FY2011 budget cycle 3130111 60 Attach to Letter of Support County/Agency: Whatcom Staff and Certain Cost Allocations and Space Use' 1 3 1 4 1 5 1 6 17 FTE Food Computer Phone line E-mail box Office Sq. Ft Sense use for Food use for use for Square allocated to Sense Food Sense Food Sense Feet Food Sense Nutrition Educators Part-time L•y� Dan Coyne Ag Tech Asst _ LeeAnne Riddle FS Coordianator 299.000 < x Barbara Doubet FS Coordianator 120.000 x Vincent Alvarez Tech Coord Cheryl Kahle Senior Secretary Joyce Jimerson Master Composter Coord Beth Chisholm Communiyt Hort_, Chris Benedict Ag Educator 0 000 Susan Blake Water Resources Educ 0.000 0.000 2.000 0.000 335.200 Colleen Burrows Special Projects, Ag 0.00 0.80 Mike Wallace 4-H Youth Dev Coord 0.03 0.97 204.40 x x Drew Betz Family Ed, County Director 0.45 0.55 0.45 173.00 x x of office FTEs committed to Food Sense 0.390 • 2.4501 0.000 Coll total 1 0.000 Total office FTEs (including Food Sense) from a��, ; county's count of all staff. L 854F� Network Line Charges Allocated to Food Sense #DIV/0! Col3 total 0.000 SPACE USE W Total office computers (including Food Sense), from county's count of active computers.. (if used, see Worksheet I -I) hallways, employee break room, restroom For Administrative use only Common/shared s ace prorated for Food Sense Sq Ft 1 196.44 %Food Sense use based on schedules Meeting room 356.46 Conference room ' 84.24 Other: 331.11 «Use this amount on Total square feet allocated to SNAP -Ed WoMheets C & D ' Ifyour county has worksheets that provide this same detail, those worksheets may be substituted. Include any utilities that are linked to employee use (i.e. phone, computer support services) rather than to the general facility. [2] See information from OMB A-87 regarding idle capacity and employee health and welfare. Valid for Food Sense FY2011 budget cycle Letter or support Ext-0therVVC_2011 finalAls%Wksh A-B County StaM�ce 61 Attach to Letter of Support County/Agency: 6� Worksheet C: Space Value for Government -owned facility On -going Use Based on FTEs See Worksheet D to calculate separate Maintenance and Operation cost. Allowable methods: (A) Standard Cost Option for gov: owned building commonly used; GOVERNMENT -OWNED FACILITY ONLY (B) Depreciation on government -owned building seldom used (C) Use Allowance for fully depreciated building seldom used (D) Rent paid from non-federal government funds often used (A) Standard Cost Option for Space IN GOVERNMENT -OWNED BUILDING Administration use onlv Building owned by Whatcom County Standard space allowance for nonfederal; Government -Owned Space Only $per s . ft. $0.002041 _ SA__NO M �Y6, ��y� ..e--.;4.ti,.'£Z •._�%S �y. � .�. y y�� .. _ _ - �i • �I1El[1Ca�/R•rA' ;, _ F�_ e'i _�S�Y '�`�'�'i _ ��_ .y",:=.r _ '�Pt„ {dry o�_ ��%-'�."���C ��- in ���T:tn_ Annual Cost $2,383.67 (D) Space — Rent paid from non-federal government funds j21 Defined as allowable cost in OMB A-87 Valid for Food $ense FY2011 budget cycle Letter of Support_Exl-OtherWC_2011final.xls%Wksh C County On -going Space 3/30/11 62 Attach to Letter of Support Whatcom Worksheet D: Maintenance & Operations (M&O) for on -going use based on FTEs Use one method: (A) Standard Cost Option - GOVERNMENT -OWNED FACILITY (B) M&O value based on actual expenses paid from non-federal government funds (A) Standard Cost Option for government -owned facility Administration use onlv Valid for Food $ense FY2011 budget cycle Letter of Support Ext-OtherWC_2011finalidsMsh D M&O Ext on -going 3/30111 63 Attach to Letter of Support County/Agency: r V Budget Proposal 2010-2011 Worksheet H: Other Goods and Services'' [ 1 ] If your county has worksheets that provide this same detail, those worksheets may be substituted. [2] From Worksheet A-B, % of office FTE's [3] From Worksheet A-B, Network Line Charges Allocable to Food $ense [4] From Worksheet J, Basis for Photocopy Cost Per Copy [5] From Worksheet A-B, Computer, Phone Line or E-mail Box Use for Food $ense (column 3, 4 or 5) Obtain verification of computer support services and e-mail box maintenance %aai_4rcurpkTdjp® ot2011fina1.)asXWksh H G&S Vales or oo en�T 2ul budget cycle. 3/30i11 •A WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-140 -- ------CLEARANCES Initial Date - -Date-Received in Council Office---- -Agenda-Date- Originator: Drew L. Beta, WSU Whatcom County Extension DLB 3/30/11 u ll E C E� \\"// R � E APR 0 5 2011 WHATCOM COUNTY COUNCIL 4 / 12 / 1 1 Finance Division Head: 4/12/11 Council Dept. Head: Drew L. Bet; DLB 3/30/11 Prosecutor: K 33011 Purchasin Bud et: mdc 3/130/111 Executive: TITLE OF DOCUMENT. Letter of Support, Letter of Agreement for Food $ense, Federal Fiscal Year 2012 ATTACHMENTS. Letter of Support, Letter ofAgreement 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.) Agreement with WSU for non -cash match using existing resources. 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.us/counciL 65 WHATCOM COUNTY WSU Whatcom County Extension 1000 N Forest Street, #201 Bellingham WA 98225 Ali IAJI Eel :7_1►11111 i' TO: Pete Kremen, County Executive FROM: Drew Betz, Director os� RE: Food $ense Program Matching Agreements DATE: April 12, 2011 Drew Betz Director RECEIVED MAR 3 X 2011 PEl t KREMEN COUNTY EXECUTIVE Enclosed is the necessary paperwork for an agreement with Washington State University for your review and signature. ■ Background and Purpose This is a non -cash match. It supports the operation of the Whatcom County Food $ense program that is housed in the WSU Whatcom County Extension program. ■ Funding Amount and Source This is a non -cash match that shows we are using county space. We get money from the federal government for documenting the use of space, M and O and phones. ■ Differences from Previous Contract We have not had a contract for the past two years. This is for Federal Fiscal Year 2012 Please contact Drew Betz, WSU Whatcom County Extension, at extension 50285, if you have any questions or concerns regarding the terms of this agreement. Encl. ee WHATCOM COUNTY CONTRACT INFORMATION SHEET atco�rtCarn CWmract.No :r Originating Department: WSU Extension ContractAdministrator: Drew Betz Contractor's /A enc Name: State University -Washington 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 _JC Ifyes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes No X Ifyes, RFP and Bid number(s) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $ 22395 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ greater, must also go to Council and will need an agenda bill and Total Amended Amount: supporting memo. If less than these thresholds, just submit to $ Executive with supporting memo for approval. Scope of Services This is a non -cash match of existing resources for October 1, 2011- September 30, 2012 Term of Contract: I year Expiration Date: 5 -30 - l Z Contract Routing SteDs & Siznoff fshen or initiall findicate date transmitted 1. Prepared by: Drew L. Betz Date 3130111 2. Attorney reviewed: KNF Date 3130111 3. AS Finance reviewed: mdc Date 3130111 4. IT reviewed if IT related Date 5. Corrections made: Date 6. Attorney signoff ` Date 7. Contractor signed: Date 8. Submitted to Exec Office �� Date 9. Reviewed by DCA Date 10. Council approved (f necessary) Date 11. Executive signed.- Date 12. Contractor Original [electronic] [electronic] [electronic] [electronic] [electronic] hard copy printed [summary via electronic; hardcopies] 67 WASHINGTON STATE UNIVERSM VUI NSION 1�5 it �pypqyyP mar' e n ;P-t j 0 l 1 O t-F o b L f FY 2012 Contract County Name: Whatcom Introductory Letter and Agreement o for COUNTY GOVERNMENTS Supplemental Nutrition Assistance Program Nutrition Education WSU Extension forms partnerships with multiple community agencies to provide nutrition education each year for thousands of people who are eligible for the Supplemental Nutrition Assistance Program. Supplemental Nutrition Assistance Program Nutrition Education (SNAP -Ed), part of WSU Food $erase, is funded as an administrative expense of the Supplemental Nutrition Assistance Program (SNAP). WSU contracts with DSHS, the state SNAP agency, and is reimbursed for 50 percent of actual costs, including costs documented by third party partners. The reimbursement is the federal share that covers WSU's costs to provide the program. Third party cost share partners do not receive reimbursements. Partners enter into an agreement with WSU and are responsible for claimed cost share. Local cost share must adhere to the same cost policies and requirements as those under the federal share. Regulations for SNAP require that all administrative expenses be cost shared with state or local government funds. The government funds must not be from federal sources and must not be matched to other federal funds. Government funds are those raised by taxes, levies and enterprises of governments and appropriated for the public good. For the purpose of this program, federal funds never lose their identity. Federal requirements must be met for both the federal share of expenses and the matching funds. Local WSU faculty and staff assist community partners in meeting the fiscal requirements by providing instructions and worksheets and answering questions. The cost principles are specified under OMB Circulars A-87, A-21, and A-122. Allowable costs are also defined by Food and Nutrition Service (FNS) departmental rules at 7 CFR 3016 and SNAP rules at 7 CFR Part 277, and the SNAP Guidance. Extension's community partners document the value of their matching public funds as a best estimate on the Letter of Support, using provided worksheets for details. Community partners document actual, after -the -fact contributions quarterly with a Verification of Support and supporting details. Partner agencies agree to maintain records of their SNAP -Ed cost share funds for audit for six years. WSU programs are subject to federal, state, and internal audits. LETTER OF AGREEMENT FOR NUTRITION EDUCATION Contingent on the award of federal funds, WSU Food Sense will provide education and other services as outlined in the SNAP -Ed State Plan. In consideration of those services and the opportunity to participate in the program, the county/agency named below is agreeing to enter into Letter of Support (attached) and to keep and provide the records and services outlined in this Introductory Letter and Agreement. I. PURPOSE & SCOPE This is an agreement between Washington State University Extension and Whatcom County to provide support for the delivery of nutrition education for the residents of Whatcom County who are SNAP eligible. This agreement: 1. Identifies the roles and responsibilities of each party for this activity. 2. Confirms the intent of WSU to provide nutrition education services to residents of Whatcom County who are SNAP eligible. 3. Confirms the intent ofwhatcom County to provide non-federal public funds as matching funds detailed in the Letter of Support to increase nutrition education for eligible county residents. 4. Supports WSU's contract with the Department of Social and Health Services to deliver nutrition education for Basic Food (SNAP) eligible persons, including adults and youth. SNAP-ED F=12 County Govemme6 8 II. UNDER THIS AGREEMENT WASHINGTON STATE UNIVERSITY WILL: 1. Develop a plan for the delivery of the nutrition education. 2. Hire, supervise and train staff to deliver the nutrition education program. 3. Provide travel costs, demonstration supplies and printed materials for nutrition education classes. 4, Provide technical assistance in preparing required documentation, 5. Maintain enrollment records of clients reached, and evaluate the impacts of the nutrition education intervention. 6. Report to Whatcom County officials regarding the outcomes and impacts of its programs. III. UNDER THIS AGREEMENT Whatcom COUNTY: 1. Will maintain records of matching fund contributions for audit for 6 years. 2. May provide any of the following as detailed in the Letter of Support: • Provide County Extension staff to support the delivery of nutrition education classes. • Provide space for WSU faculty and staff who work in the nutrition education program. • Provide other goods and services for use by the nutrition education program. IV. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. Modification: This agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the Parties. 2. Termination: This agreement may be terminated by either party hereto upon written notice delivered to the other party at least thirty (30) days prior to the intended date of termination. By such termination, neither party may nullify obligations already incurred prior to the date of termination. 3. Each party to this agreement shall be responsible for its own acts or omissions and those of its officers, employees, and agents. No party to this agreement shall be responsible for the acts and omissions of those not a party to this agreement and each party shall indemnify and hold the others harmless for any and all claims, injuries, damages, losses or suits, including attorneys' fees, arising out of its own acts or omissions and those of its officers, employees and agents. V. FUNDING This agreement is contingent on the award of federal funds. This agreement does not include the reimbursement of funds between the two parties. VI. EFFECTIVE DATE AND SIGNATURE This agreement shall be effective upon the signature of Washington State University and a Whatcom County authorized official. It shall be in force from October 1, 2011 to September 30, 2012. Washington State University and Whatcom County indicate agreement by their signatures. Daniel G. Nordquist, Director, OGRD Washington State University Signature Name: T�� r �- Title: U,V► County: lhi .Pf l'ytg.l-- Signature Date Date FOR PROGRAM and STATE OFFICE STAFF USE ONLY; LOA Request for partner: How Many LOAs does your partner need? (Do not include request for CEO copy, CEOs receive 1 copy automatically). Hard Copy Signed Original: (# requested) Copy(ies) of Signed Letter: (# requested) This material was funded by USIl Supplemental Nutrition Assistance Program. The Supplemental Nutrition Assistance Program provides nutrition assistance to people with tow income. It can help you buy null ious foods for a better diet To fend out more, contact your local Department of Health and Human Services office. In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, religion, political beliefs or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250.9410 or call (600)7953272 (voice) or (202)720.6M (17K). USDA is an equal opportunity provider and employer. SNAP-D FY2012 County Govemment 69 Letter of Support for FY 2012 County/Al Whatcom Must be attached to Letter of Agreement. Washington State University Food $ense (SNAP -Ed)* Food $ense Program: Whatcom Program Year: 2011-2012 BUDGET CATEGORY Contribution - Attach worksheets with details. $ Amount For Administrative use only SALARIES AND WAGES - include FTE % or hourly rate Use attached Detail Worksheet or list below $ ' - state rate as % of salary- Detail Worksheet or list below $ tiout)J & Jt Kviuts ust oy cate o = - - Use attached Detail Worksheet or list below $ Space Use Worksheet C or E 6,918.00 Maintenance & Operations Worksheet D or E 11 067.00 Other: Phones 762.00 $ $ $ SUBTOTAL GOODS & SERVICES $ 18 747.00 TRAVEL Use Worksheet K or list here $ SUBTOTAL TRAVEL $ - SUBTOTAL DIRECT COSTS --------------------------___—________— $ 22 395.00 FACILITIES & ADMINISTR.(INDIRECT COST --- * ,- _,.__, os".,r. .:d.°/o % $ - TOTAL PROPOSED CONTRIBUTION------------------------------------- $ 22,395.00 * Attach a copy of the current negotiated rate. Please complete: • Source(s) of government (state, county, city) funds for above expenses: _ General Funds • I attest that the intended contributions of support are government, non-federal funds that have not been used to match other federally -funded programs. • I certify that I am a fiscal authority authorized to sign this Letter of Support Pete Kremen Executive Name of Fiscal Authority (type or print) Title Signature Whatcom County Organization Date 311 Grand Avenue, Bellingham WA 98225 360-676-6717 Address (Street, City, State, ZIP code) Phone Number *Supplemental Nutrition Assistance Program - Nutrition Education 2012 LOS Valid for Foof $ense FY 2012 budget cycle. 3130111 70 Attach to Letter of Support Optional Detail Worksheet Food $ense Program for: Whatcom County/Agency: Whatcom County Whatcom County Program Year:2011-2012 Attach to signed Letter of Support PROPOSED IN -KIND CONTRIBUTIONS BUDGET CATEGORY Attach worksheets with details. FTE Hrly Rate Total Hrs Contribution - $ Amount For Administrative use only SALARIES AND WAGES - include FTE % or hourl rate ; Cheryl Kahle Snr.Secretary 0.03 23.66 60 S 1,420 Vincent Alvarez. Tech. Coordinator 0.02 22.93 48 $ 1101 Is SUBTOTAL SALARIES & WAGES S 2 521 BENEFITS - % ofsalaty or S rate per hour worked •'� Kahle 0.441 S 626 Alvarez 0.455 S 501 S S SUBTOTAL BENEFITS S 1,127 GOODS & SERVICES list by category) %•? 1 M1•rr���•.i�•�.i.••••• ••• - ; - Building Use Worksheet C or E S 6 918 Maintenance & Operations (actual cost or Standard Cost Option — Worksheet D or S 11067 Capital F4uipment use(County Partner only: Worksheet F Non -Capital Equilmient use(County Partner : Worksheet G Postage orksheet S - Office Copies Worksheet H & Print Shop Covies 01 x 8.5 Worksheet H & S Print Shop Copies 11 x 17 Worksheet H & S Other Print Shop exMses Worksheet 10 S Office Supplies Dedicated to Food Sense Worksheet S Office Supplies and Materials Worksheet $ Courier Services Worksheet H S Equipment Repairs Worksheet MS Network Lines Worksheet S Phone lines and long distance Worksheet M S 762 Computer Support Services Worksheet S - E-mail box maintenance Worksheet S SUBTOTAL GOODS & SERVICES S 18,747 TRAVEL Worksheet K if needed SUBTOTAL TRAVEL S SUBTOTAL DIRECT COSTS — S 22 395 INDIRECT COST FACILITIES & ADMINISTRATION) 0.00 % $ TOTAL PROPOSED CONTRIBUTION— $ 22 95 Valid for Food Sense FY2012 budget cycle Letter of Support EA-OlherIAC 2012(2)revised.x1sX0ptlona1 LO IDeta 71 Attach to Letter of Support County/Agency: Whatcom County Staff and Certain Cost Allocations and Space Use' 1 3 4 5 6 7 P ana[!on I (check n Name Position FTE Food Computer Sense use for Food Sense Phone line use for Food Sense E-mail box use for Food Sense Office Square Feet Sq. Ft allocated to Food Sense Nutrition Educators Part -lime .SASS�Tu Dan Coyne Ag Tech Asst '_' € Lee Anne Riddle F$ Coordianator -a 4Y$ . {" Barbara Doubet F$ Coordianator x Vincent Alvarez Tech Coord "; f(12U r Cheryl Kahle Senior Secretary ia} O d30 Y=a ti .: Joyce Jimerson Master Composter Coord a '.. . , Beth Chisholm Communiyt Hart Chris Benedict Ag Educator =i-MU 5 T x C:RKWWca 299.000 r - t29 (0)0 11 x _ t'I W_Q MM 120.000 t' I 000 I x :3:60110 V1- W 21M £ . , zt}> - ' M.41104?60 : s° . no 000@ il Susan Blake Water Resources Educ 1.00 Colleen Burrows Special Projects, Ag 0.80 Mike Wallace 4-H Youth Dev Coord 0.02 0.98 204.00 4.08 Drew Betz Family Ed, County Director 0.40 0.60 173.00 69.20 % office FTE Committed to F$ 0.391 Col.I total 5.020 Total office FTEs (including Food Sense) from county's count of all staff: r4h285d •r Network Line Charges Allocated to Food Sense 1 0.000 Col-3 total 0.000 t Total office computers (including Food Sense), Z :+ from county's count of active computers : ''. (if used. see Worksheet H) SPACE USE ICommon/shared space Drorated for Food Sense 1 508.691 Meeting room Conference room Other: Sq Ft % Food Sense use based on schedules 356.46 94.24 �, ,zfk32 331.11 Total square feet allocated to SNAP -Ed t Ifyour county has worksheets that provide this same detail, those worksheets may be substituted. Include any utilities that are linked to employee use (i.e. phone, computer support services) rather than to the general facility. [21 See information from OMB A-87 regarding idle capacity and employee health and welfare. i4 d is }h ^�,• �, J.: ,�i< «tf5e (n15 mount On . .... TS Wod sneeLs C z D ForAdministrative use only Valid for Food $ense FY2012 budget cycle Letter of Support Ext-OtherWC 2012(2)revisedAs\Wksh A-B County Staff+Space 3130111 72 Attach to Letter of Support Whatcom County Worksheet C: Space Value for Government -owned Facility On -going Use Based on FTEs See Worksheet D to calculate separate Maintenance and Operation cost. Allowable methods: Program Year: 2011-2012 (A) Standard Cost Option for gov: owned building commonly used; GOVERNMENT -OWNED FACILITY ONLY (B) Depreciation on government -owned building seldom used (C) Use Allowance for fully depreciated building seldom used (D) Rent paid from non-federal government funds often used (A) Standard Cost Option for Space IN GOVERNMENT -OWNED BUILDING SNAP -Ed Administration use only Whatcom County Building owned by Whatcom County Standard space allowance for nonfederal Government -Owned Space Only $ per s . ft. $0.002041 Rr ii ks'zg lN4E Mande.S_.1 .3'-�'Sb_•'Yw(�.{�(} 7 +.Fll{ __.__ .0zT7.�/. IIQW'3,fa Sf. ..e�l[L� b'v '�`::4n R�03`Fk •,si. .'+ r �..-0 /y - _ xf _ =3 t' �1-. ,{ g coati c yX:7L `�L'.-^4' i*�F ..P�`-k .. S -•�•. �5,x�a�ai;Pewht:.. ,t ,. s�'a#f`_�`;:�-r���P Annual Cost $6,918.08 (21 Defined as allowable cost in OMBA-87 Letter of Support Ext-OtherWC 2012(2)revised.xls\Wksh C County On -going Space Valid for Food $ense FY2011 budget cycle 31 3 0n1 73 Attach to Letter of Support Program Year: 2011-2012 County/Agency: Whatcom County Name/address of facility: Worksbeet D: Maintenance & Operations (M&O) for on -going use based on FTEs Use one method: (A) Standard Cost Option - GOVERNMENT -OWNED FACILITY (B) M&O value based on actual expenses paid from non-federal government funds (A) Standard Cost Option for government -owned facility M&O allowance/so ft Standard Operations & Maintenance/sq. ft. paid from non-federal government funds $0.003265 Square Footage Used by Food $ense From Worksheet A-B Number of actual work days (not z including holidays) per year (county Number of work hours/day (county 4 .;5 y schedule) , Available work hours for county staff 1,912.00 Cost of Maintenance/Operations for on -going use 11,066.90 Administration use only Letter of Support Ext-OtherWC 2012(2)revised.xts\Wksh D M&O Ext on -going 3/30/11 Valid for Food $ense FY2011 budget cycle 74 County/Agency: Whatcom County Attach to Letter of Support Program Year: 2011-2012 Worksheet H: Other Goods and Services' [1] If your county has worksheets that provide this same detail, those worksheets may be substituted. [2] From Worksheet A-B, % of office FTE's [3] From Worksheet A-B, Network Line Charges Allocable to Food $ense [4] From Worksheet J, Basis for Photocopy Cost Per Copy [5] From Worksheet A-B, Computer, Phone Line or E-mail Box Use for Food $ense (column 3, 4 or 5) Obtain verification of computer support services and e-mail box maintenance from your IT department. Valid for Food $ense FY 2012 budget cycle. Letter of support ext-OtnerWc 2012(2)revised.x1s\Wksh H3 &s WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-141 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Auditor R E C E V E APR 0' 5 2011 WHATCOM COUNTY COUNCIL 4/12/11 Finance/Council Division Head. - Dept Head: Auditor Prosecutor t Purchasing/Budget. Q� 3l /1 Executive. - Award of bid to the Bellingham Herald for Whatcom County's Official Newspaper and authorize executive to sign the contract with the Bellingham Herald as Whatcom County's Official Newspaper ATTACHMENTS: Council Resolution Directing the Auditor to Call for bids. Approval of Bellingham Herald as a single source. Bid from the Bellingham Herald and contract for Official Printing Services for 2011-2012. SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes, ( x ) NO Requested Date: SUMMARYSTATEMENT: Authorize the County Executive to sign the contract with the Bellingham Herald for the fiscal year beginning July 1, 2011 and ending June 30, 2012, both dates inclusive to provide for 21 free newspapers to Whatcom County and in consideration for the services provided, the county agrees to reimburse the Herald for printing services in the amount of $11.34 for a single column, per column one -inch first insertion and $10.50 per column inch for the second and all subsequent insertions in 7pt type, 10.50 lines to an inch, .925" column width. Distribution Request Indicate those who should receive a copy after Council action. List speck names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor ShirleyForslo Cooperative Extension District Court Executive Pete Kremen Health Hearing Examiner Jail COUNCIL ACTION TAKEN. Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Related County Contract #: Treasurer Other Related File Numbers: Ordinance or Resolution Number (this item): 76 WHATCOM COUNTY Shirley Forslof, County Auditor 311 Grand Ave., Suite 103 Bellingham WA 98225-4038 MEMORANDUM To: Pete Kremen, County Executive From: Shirley Forslof, County Auditor Re: Official Printing Services Agreement Date: March 25, 2011 FICIVD MAR 2 5 2011 PETE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals of the Official Printing Services Agreement between The Bellingham Herald and Whatcom County. Also enclosed is an Agenda Bill, the Council Resolution Directing the Auditor to Call for Bids, approval from Finance of The Bellingham Herald as a single source and bid proposal from The Bellingham Herald. Please forward these documents to the County Council for the April 12, 2011 meeting. ■ Background and Purpose The Bellingham Herald prints Whatcom County publications of every kind and nature that the County, as a municipal body, may be required by the laws of Washington State to have published in the County's Official Newspaper. Each year, the County negotiates a new contract with The Bellingham Herald for these services. ■ Funding Amount and Source Departmental Budgets ■ Differences from Previous Contract There are no changes from contract year 2010 — 2011. The County will receive 21 copies of each issue of each publication. Please contact Shirley Forslof at extension 56744, if you have any questions or concerns regarding the terms of this agreement. Enclosures 77 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. .20l to-? 0;Z3 Originating Department: Auditor Contract Administrator: ShirleyForslo Contractor's /Agency Name: Bellingham Herald Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes _ No X If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ N/A 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 Herald agrees to print and the County agrees to submit all of the publications of the County of every kind and nature whatsoever that said County as a municipal Official Printing Services Agreement for the body may be required by the laws of Washington State to have published in its period July 1, 2011 through June 30, 2012 official newspaper. Beginning July 1, 2011 and ending June 30, 2012, both dates inclusive, The Herald will provide for 21 free newspapers to Whatcom County and in consideration for the services provided, the county agrees to reimburse the Herald for printing services in the amount of $11.34 for a single column, one -inch insertion and $10.50 for the second and subsequent insertions in 7 pt type, 10.50 lines to an inch, .925 " column width. 12 months Expiration Date: June 30, 2012 EMOContract: Contract Routing Stens & Signoff.• [sign or initial? [indicate date transmitted 1. Prepared by: ShLIa ForsIoL Date 03110111 [electronic] 2. Attorney reviewed: Date 3- U6- t [electronic] 3. AS Finance reviewed. Date 3%)J- N [electronic] 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff Date 5- f6-t I 7. Contractor signed: Date 3- oll -1t 8. Submitted to Exec Office ,/ Date ummary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (f necessary) Date H. 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. 2 3 ncwsbia:rcs 1/3/% SPONSORED BY: Consent PROPOSED BY: _clerk of the Council INTRODUCTION DATE: 1 23 6 RESOLUTION NO. gr,_0n9 DIRECTING THE AUDITOR TO ADVERTISE FOR BIDS FOR THE COUNTY,S OFFICIAL NEWSPAPER 4 WHEREAS, RCW 36.72.075 requires the County Council to contract with a legal 5 newspaper to serve one year as the official county newspaper beginning on the first day of 6 July; and 7 WHEREAS, said statute requires the County Auditor to advertise for bid proposals 8 from qualified legal newspapers interested in serving as the- official county newspaper; and 9 WHEREAS, said advertisement shall be made at least five weeks before the meeting 10 at which the Council shall let the contract for the official county newspaper; 11 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the 12 County Auditor is directed to issue a call for bids for the official daily County newspaper 13 for the year beginning July 1, 1.996 and ending June 30, 1997, both dates inclusive. Said bids 14 will be opened, read aloud and considered at 9:00 a.m. March 8, 1996 in the Auditor's 15 Conference Room, Whatcom County Courthouse, 311 Grand Avenue, Bellingham. 16 BE fT FINALLY RESOLVED that this resolution shall also be effective for future 17 years without need for further Council action, and that the Auditor annually perform the -18 call for bids using similar methods and time frames as- shown above. 19 APPROVED this 23 day of January 1996. 20 WHATCOM COUNTY COUNCIL 21 ATTEST: ;WRATC MCOU TY, WASHINGTON 22 '23 Dana grown- avis, Clerk of thtl Council I.- ward Ne t son , Council Chair 24 APPROVED AS TO FORM: () Approved () Denied �,- , , '- X - �! 26 Civil Deputy -Prosecutor I'aye I 79 Whatcom County �o Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 982254038g R`shlN�+� Email: auditor&o.whatcomma.us Internet: www.whatcomcountv.us/auditor Telephone: (360) 676-6740 TO: Brad Bennett Administrative Services Finance Manager FROM: Shirley Forslof �%� Whatcom County Auditor RE: Official County Newspaper DATE: February 3, 2011 SHIRLEY FORSLOF County Auditor DEBBIE ADELSTEIN Chief Deputy The Bellingham Herald continues to be the only daily newspaper published in Whatcom County. Since March 1998 you have designated and named the Bellingham Herald as the sole source for the County's official newspaper and you have exempted it from the formal bid process. Please provide authorization for the designation of the Bellingham Herald as a sole source for the year beginning July 1, 2011 and ending June 30, 2012. 1 have attached for your reference, your authorization dated February 2, 2010 as well as Council Resolution 96-009 directing the County Auditor to annually perform a call for bids. APPROVED FOR SOLE SOURCE DESIGNATION Brad Benh , AS Finan&'-eganager Date H:\My Documents\GENERAL OFFICE\BELLINGHAM HERALD CONTRACT\Correspondence\BRAD BENNETT SoleSourceDesignation Memo.DOC Licensing/Recording Elections Administration/Internal Audit TTY 360-676-6744 360-676-6740 360-676-6742 360-676-6740- ext 50065 360-738-4555 FAX 360-738- 455680 UN 11 ORIGINAL Whatcom County Contract No. COUNTY Svd'� �o� 1D3oa3 CONTRACT FOR SERVICES AGREEMENT OFFICIAL PRINTING SERVICES AGREEMENT 2011-2012 THIS AGREEMENT is between Whatcom County, a municipal corporation, hereinafter referred to as the COUNTY, and The Bellingham Herald, a division of Federated Publications, a Delaware Corporation, hereinafter referred to as the HERALD , for the purpose of providing printing services as the official newspaper of Whatcom County, Washington. WITNESSHH: WHEREAS, RCW Chapter 36.72 requires all county officers to cause all legal notices and delinquent tax lists to be advertised in the official county newspaper designated by the county legislative authority; and, WHEREAS, the aforesaid chapter requires the county legislative authority to let a contract to a legal newspaper to serve as the official county newspaper for the term of ONE (1) year; and, WHEREAS, The Herald is the legal newspaper and is qualified to perform printing services as the official newspaper of Whatcom County, Washington; NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD that for the purpose of providing printing services as the official newspaper within the County for the term hereinafter set out, the County and the Herald agree to the terms and conditions incorporated herein. The Bellingham Herald , 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 8 Exhibit A (Scope of Work), pp. 9 to 9 Exhibit B (Compensation), pp. 9 to 9 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 1s' day of July, 2011, and shall, unless terminated or renewed as elsewhere provided in the Agreement, to and including the 30th day of June, 2012. The general purpose or objective of this Agreement is to: provide printing services as the official county newspaper of Whatcom County, Washington, 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 $ N/A 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 2011. Contract for 2011-2012 Official Printing Services Agreement Page 1 v 1.0 CONTRACTOR: The Bellingham Herald ,.��,1�aG S �� o o�VXPYFs•• --eetifive Edit r Sk, G;bsoN dpPn��r'c+.Ns ®.ram o/_�:�®®o z i ..oJ PVOoti STATE OF WASHINGTON ) �% `.. 06-q)`�.� ) ss. %,S!ATE.OF COUNTY OF On this) rsday of 2011, before me personally appeared to me known to be theO,6 imr w itle) of // . Company) and who executed the above instrument and who acknowle ed tome the act of signing and sealing thereof. NOT Y PUBLIC in and for the ashington, 3d/ residing at M . My commission expires . Contract for 2011-2012 Official Printing Services Agreement Page 2 v 1.0 WHATCOM COUNTY: Recommen d for Approval: , Shirley Forslof, W tcom County Auditor Date Approved as to for Prose 6T1141i n Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2011, 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: The Bellingham Herald Julie Shirley, Executive Editor Jill Cratsenberq, Legals Coordinator Contract Administrator Address: 1155 N. State Street Bellingham WA 98225 Mailing Address: P. 0. Box 1277 Bellingham WA 98227-1277 Contact Name: _Jill Cratsenberq Contact Phone: 360-756-2829 Contact FAX: 360-715-2225 Contact Email: _ legals()bellinghamherald.com Contract for 2011-2012 Official Printing Services Agreement Page 3 v 1.0 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term. - Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: Not Applicable Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and for Contractor Services: Orders from the County will be accompanied by a purchase order number and a customer account number. The Bellingham Herald shall submit written claims for reimbursement for services provided on a monthly basis directly to the County department which ordered the publication. All billings (invoices) shall include the purchase order number and the customer account number. All payments shall be based upon services provided unless otherwise approved in writing by the County. Each request for payment shall be submitted and supported by documentation of the services actually performed, in the form of an electronic tearsheet, e-mailed daily, at no charge. Affidavits can be purchased at a cost of $25 per affidavit. 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. Contract for 2011-2012 Official Printing Services Agreement Page 4 v 1.0 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 fhe performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.2 Patent/Copyright Infringement, Not Applicable 32.1 Confidentiality: Not Applicable 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 Contract for 2011-2012 Official Printing Services Agreement Page 5 v 1.0 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 Bellingham Herald, prior to commencement of this agreement, hereby agrees to file a bond in the principal sum of $10,000 to faithfully and accurately perform the requirements of this agreement. 34.2 Industrial Insurance Waiver: Not Applicable 34.3 Defense & Indemnity Agreement: The Herald shall protect, defend, hold harmless and indemnify the County from and against all claims, suits, actions and judgements arising from negligent acts or omissions of the Herald or approved subcontractors, and the agents or employees of either in the performance of this Agreement. In the event the County is required to institute legal action and/or to participate in legal action to enforce this clause, the Contractor agrees to pay the County's legal fees, costs and disbursement incurred. This Agreement cannot be invalidated for typographical errors, incorrect insertions or omission in advertising published. The Herald is in no way responsible for errors in copy furnished by the County. If errors caused by the Herald occur in advertisements which are not proofed by the County, the Herald will, at the County's election make an adjustment in charges for the advertisement or will republish the advertisement in the next available issue. If republication is required, the entire ad will be republished. If the County requires a proof for checking before publication, any errors must be brought to the attention of the Herald no later than 6 p.m. the day prior to publication. For ads to run on either Saturday or Sunday, the proof must be returned by 6 p.m. on the Friday preceding the weekend. In the event errors are found after first publication, the County will notify the Herald of errors in time for correction before the second insertion, for advertisements that must have two insertions. The County agrees to furnish all advertising copy, complete to the Herald by the deadline schedule as now or hereafter established by mutual agreement of the Herald and the County; and in case of copy furnished after such hour and accepted by the Herald, to waive the right to have proof submitted and to assume responsibility for all errors in such late copy. The County agrees to assume responsibility for all errors in copy proof read by the County where the advertisement printed corresponds to the returned proof. A composition charge will be made when the County cancels any advertisement that has been set for publication. The County agrees to indemnify, defend and hold the Herald, any approved subcontractors and assigns and their respective affiliates, agents, employees and officers, harmless from and against all actions, suits, proceedings, judgments, demands or claims (whether valid or invalid), liabilities , losses or expenses whatsoever (including reasonable attorneys' fees) arising out of or in connection with the publication of the County's advertising to the extent the same is not due to the Herald's negligence in view of the duties of the parties set forth 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. 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. Contract for 2011-2012 Official Printing Services Agreement Page 6 v 1.0 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: Not Applicable 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 Auditor and 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: Shirley Forslof, Whatcom County Auditor 311 Grand Avenue, Suite 103 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 4049: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Contract for 2011-2012 Official Printing Services Agreement Page 7 v 1.0 b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 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 2011-2012 Official Printing Services Agreement Page 8 v 1.0 EXHIBIT "A" (SCOPE OF WORK) Services The Herald agrees to print and the County agrees to submit all of the publications of the County of every kind and nature whatsoever that said County as a municipal body may be required by the laws of Washington State to have published in its official newspaper, except when publications are required by law to be published in both the official newspaper of the County and in one or more other newspapers of general circulation. The publication of any such notices made in the official newspaper shall be made at the rate hereinafter specified. Publications for which said rate is provided are to include: All summons and suits to which the County, or any of its officials are parties; all legal notices, tax lists, tax sales, Sheriffs sales, estate notices, sales of County property, calls for bids, notices of nominations, notices of election including primary, general and special elections, and all other matters of every kind and nature whatsoever, as may legally and properly devolve upon the County to have published, or which its officials may desire or be required by law in their official capacity to publish in the official newspaper. All publications called for under this Agreement shall be printed in the classified sections of the Herald, set in a concise block which will be easy to read and locate in the paper. Distribution of Newspapers The Herald hereby agrees to furnish twenty-one (21) copies of each issue of each publication to Whatcom County, at no cost, eighteen (18) which shall be delivered in a timely manner (prior to 7:00 a.m. on the day of publication) to the Whatcom County Courthouse, 311 Grand Avenue, Bellingham and deposited in the designated newspaper depository except on a Saturday, Sunday or Holiday, the papers will be delivered prior to 7:00 a.m. to the Juvenile Detention Sally Port. The copies will be distributed by Information Services Records to the following departments: Administrative Services, Assessor, Auditor, Superior Court Clerk, Council, Division of Emergency Management, Executive, Facilities Management, Hearing Examiner, Human Resources, Information Services, Prosecutor, Public Defender, Purchasing, Sheriff, Treasurer, and two (2) copies to Public Works. Two (2) copies will be distributed to the County offices located at the Northwest Annex, 5280 Northwest Road, Bellingham for the Planning and Development Services and the Engineering Department of Public Works. The remaining one (1) copy will be distributed to the County Parks Department office located at 3373 Mt. Baker Highway, Bellingham. An additional delivery fee may be charged by the Herald to cover delivery charges for newspapers delivered to locations other than the courthouse. EXHIBIT "B" (COMPENSATION) Consideration In consideration for the services provided, the County agrees to reimburse the Herald for printing services in the amount of $11.34 for a single column, per column one -inch first insertion, and $10.50 per column inch for the second and all subsequent insertions, in 7 point type, 10.50 lines to the inch, .925" column width. Deadline for submittal of copy by the County to the Herald shall be no later than 12:00 p.m. two days prior to desired date of publication for legal copy (by fax, e-mail or by mail). Contract for 2011-2012 Official Printing Services Agreement Page 9 v 1.0 ie WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-142 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 4/01/11 0 D APR 015 2011 yY HATCOM COUNTY f COUNCIL 4/12/11 Finance Division Head: 4/12/11 Council Dept Head: Prosecutor: Purchasin /Bud et: 4/01/11 Executive: TITLE OF DOCUMENT: Approval to Award Bid 11-20, On -Call Contractor/Equipment List ATTACHMENTS: Memos from Finance SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works River Flood Division is requesting County Council and Flood Control Zone District Board of Supervisors approval to award Bid 11-20 the On -Call Contractor/Equipment List. The intent of this bid is to obtain firm pricing and ensure prevailing wages are paid on all on -call projects. Public Works is requesting approval to award to all 24 names on the list and obtain approval to enter into contracts with each of the responsive bidders. The Contractors would only be used if a specific need arose. It is possible that more than $35,000 could be spent with a single vendor. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us DATE: 1 April 2011 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Award of Bid 11-20, On -Call Contractor/Equipment List BRAD BENNETT Manager BACKGROUND The purpose of this bid is to establish prices and identify firms and individuals that are interested in providing labor and rental of construction equipment to the County on an on -call basis, and to ensure prevailing wages will be paid in accordance with State law. It is intended that this list will be used for various Public Works River & Flood Division projects and be available in a flood emergency. The following list is of the responsive and responsible bids that were submitted on Tuesday March 15. A list of available equipment and labor rates is attached. Public Works is requesting approval to enter into contracts with each of the firms in order to obtain firm labor and equipment rental rates for the period of April 2011 through March 31, 2012. Firms will only be used on an as needed basis. When a need arises, the County will select an appropriate firm from the list, based on equipment availability and suitability, with preference to low bidders. All-Terain Cutting Mike Amos Excavating Carmans Construction Cascade Clearing Courtney Excavating Fraser Sand & Gravel Haines Tree & Spray Haner Road Construction Harkness Contracting Drake Harkness Trucking Iverson Earthworks Kirbys Trucking Ness & Campbell Crane P&P Excavating Pacific Brush Cutting Penny Lee Trucking R&R Excavating Sicklesteel Cranes Siper Quarry Solid Rock Excavating DL Sorenson Construction Tiger Construction Western Refinery Services Mark White Enterprise It is possible that more than $35,000 could be spent with a single vendor. Public Works is requesting award to the multiple bidders as listed, upon approval by the County Council and Flood Control Zone District Board of Supervisors. Public Works is also requesting approval at this time to enter into contracts with each of the above vendors. I concur with the recommendation. Administrative Services Finance Manager Approved as Recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (,QJ 738-4555 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator GROUP 1, GRAVEL DUMP TRUCKS WITH OPERATOR 10-YARD 3-AXLE DUMP TRUCKS HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS HOURLY OT Carmans Construction (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor 10 62,500 1 $110.00 $120.00 Fraser Sand & Gravel 410-9195/410-9207 Cell Location: Everson 10 16 2 $80.00 $9.0.00 Haner Rd Construction 595-2497 / 661-6372 Cell Location: Sedro Woolley 10 11 1 $103.50 $110.00 Harkness Contracting 595-1128 / 815-4525 Cell Location: Acme 10 12 2 $88.00 $100.00 Drake Harkness Trucking 592-2790 / 961-4022 Cell Location: Deming 10 13 1 $90.00 $110.00 Kirbys Trucking 815-7584/966-1150 Location: Everson 10 15 1 $85.00 $85.00 P&P Excavating 592-5374 / 815-4473 Cell Location: Bellingham 10 12.5 2 $85.00 $95.00 DL Sorenson Construction 966-2628 Location: Everson 10 12-15 5 $95.00 $110.00 Tiger Construction 966-7252 / 815-6203 Cell Location: Everson 10 3 $88.00 $102.00 Western Refinery Services 366-3303 / 815-5182 Cell Location: Femdale 10 12 2 $85.00 $100.00 12-YARD 4-AXLE DUMP TRUCKS HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS HOURLY OT Mike Amos Excavating 815-4172 Location: Bellingham 12 15 1 $89.00 Carmans Construction (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor 12 62,500 1 $110.00 $120.00 Fraser Sand & Gravel 410-9195/410-9207 Cell Location: Everson 12 16 2 $80.00 $90.00 Harkness Contracting 595-1128 / 815-4525 Cell Location: Acme 12 15 1 $89.00 $100.00 Iverson Earthworks 366-3476 / 739-2446 Cell Location: Custer 12 55,500 5 $85.00 92 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator 12-YARD 4-AXLE DUMP TRUCKS HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS HOURLY OT Kirbys Trucking 815-7584/966-1150 Location: Everson 12 15 1 $85.00 $85.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham 12 15.5 2 $90.00 100.00 Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington 12 14 6 $105.00 $130.00 Siper Quarry (360) 592-3500 / 410-8625 Cell Location: Everson 12 15 2 $90.00 $90.00 DL Sorenson Construction 966-2628 Location: Everson 12 15-17 8 $100.00 $115.00 Tiger Construction 966-7252 / 815-6203 Cell Location: Everson 12 3 $95.00 $108.00 Western Refinery Services 366-3303 / 815-5182 Cell Location: Ferndale 12 15 5 $100.00 $115.00 DUMP TRUCK & PONY TRAILER HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS HOURLY OT Mike Amos Excavating 815-4172 Location: Bellingham 18 25 1 $96.00 Fraser Sand & Gravel 410-9195/410-9207 Cell Location: Everson 60 35 2 $90.00 $100.00 Harkness Contracting 595-1128 / 815-4525 Cell Location: Acme 18 1 $95.00 $110.00 Iverson Earthworks 366-3476 / 739-2446 Cell Location: Custer 22 98,000 2 $105.00 Kirby's Trucking 815-7584/966-1150 Location: Everson 22 30 1 $95.00 $95.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham 22 30 2 $110.00 $120.00 Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington 18 30 6 $125.00 $150.00 Siper Quarry (360) 592-3500 / 410-8625 Cell Location: Everson 22 30 1 $100.00 $100.00 93 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator DUMP TRUCK & PONY TRAILER HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS HOURLY OT DL Sorenson Construction 966-2628 Location: Everson 30-33 8 $125.00 $140.00 Western Refinery Services 366-3303 / 815-5182 Cell Location: Ferndale 24 31-34 5 $110.00 $125.00 END DUMP TUBS (GREATER THAN 15-YARDS) HOURLY HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS Equip W10p OT Fraser Sand & Gravel 410-9195/410-9207 Cell Location: Everson Dump & Pony Trailer 60 28 1 $85.00 $95.00 Harkness Contracting 595-1128 / 815-4525 Cell Location: Acme 50 1 $100.00 $110.00 MISCELLANEOUS BIDDER, PHONE HOURLY MAKE& MODEL YARDAGE PAYLOAD UNITS HOURLY OT Iverson Earthworks 366-3476 / 739-2446 Cell Location: Custer 8 Axle Truck & Transfer 24 105,500 3 $110.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham 24 Yard Transfer 24 32 1 $115.00 $120.00 F-700 5 1 $80.00 $85.00 Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington Side Dump Tub 18 30 5 $125.00 $150.00 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator GROUP 2, ROCK DUMP TRUCKS WITH OPERATOR 10-YARD 3-AXLE DUMP TRUCK HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS HOURLY OT Carmans Construction LLC (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor 10 62,500 1 $110.00 $120.00 Fraser Sand & Gravel 410-9195/410-9207 Cell Location: Everson 10 15 3 $85.00 $95.00 Haner Rd Construction 595-2497 / 661-6372 Cell Location: Sedro Woolley 10 11 1 $103.50 $110.00 Harkness Contracting 595-1128 / 815-4525 Cell Location: Acme 10 12 2 $88.00 $100.00 Drake Harkness Trucking 592-2790 / 961-4022 Cell Location: Deming 10 13 1 $95.00 $110.00 Kirbys Trucking 815-7584/966-1150 Location: Everson 10 15 1 $85.00 $85.00 DL Sorenson Construction 966-2628 Location: Everson 10 12-14 2 $95.00 $110.00 12-YARD 4-AXLE DUMP TRUCK HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS HOURLY OT Mike Amos Excavating 815-4172 Location: Bellingham 12 15 1 $89.00 Carmans Construction (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor 12 62,500 1 $110.00 $120.00 Fraser Sand & Gravel 410-9195/410-9207 Cell Location: Everson 12 15 3 $85.00 $95.00 Harkness Contracting 595-1128 / 815-4525 Cell Location: Acme 12 15 1 $90.00 $105.00 Iverson Earthworks 366-3476 / 739-2446 Cell Location: Custer 12 55,500 1 $85.00 Kirbys Trucking 815-7584/966-1150 Location: Everson WA 12 15 1 $85.00 $85.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham 12 15.5 3 $90.00 $100.00 Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington 12 14 6 $105.00 $130.00 95 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator 12-YARD 4-AXLE DUMP TRUCK HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS HOURLY OT Siper Quarry (360) 592-3500 / 410-8625 Cell Location: Everson 12 15 2 $90.00 $90.00 DL Sorenson Construction 966-2628 Location: Everson 12 15 2 $100.00 $115.00 END DUMP TUBS (GREATER THAN 15-YARDS) No Bids MISCELLANEOUS BIDDER, PHONE HOURLY MAKE & MODEL YARDAGE PAYLOAD UNITS HOURLY OT Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington Side Dump Tub 18 30 5 $125.00 150.00 GROUP 3, SIDE DUMP TRUCK WITH OPERATOR MISCELLANEOUS BIDDER, PHONE HOURLY MAKE& MODEL YARDAGE PAYLOAD UNITS HOURLY OT Harkness Contracting 595-1128 / 815-4525 Cell Location: Acme 22 30 1 $110.00 $115.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham LL6 3-Axle Truck & Side Dump 22 31 2 $110.00 $115.00 Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington Side Dump 18 30 5 $125.00 $150.00 Siper Quarry (360) 592-3500 / 410-8625 Cell Location: Everson 22 30 1 $105.00 $105.00 Western Refinery Services 366-3303 / 815-5182 Cell Location: Femdale 4 Axle Truck with 3 Axle Side Dump 22 28-29 1 $105.00 $120.00 GROUP 4, SEMI -BOTTOM DUMP TRUCKS WITH OPERATOR 18-YARD BELLY DUMP.2-AXLE TRAILER HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS HOURLY OT Fraser Sand & Gravel 410-9195/410-9207 Cell Location: Everson 18 28 2 $87.60 $97.50 Harkness Contracting 595-1128 / 815-4525 Cell Location: Acme 18 22 1 $110.00 $115.00 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator 18-YARD BELLY DUMP 2-AXLE TRAILER HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS HOURLY OT Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington 18 30 4 $125.00 $150.00 Siper Quarry (360) 592-3500 / 410-8625 Cell Location: Everson 18 30 1 $105.00 $105.00 20-YARD BELLY DUMP 3-AXLE TRAILER Harkness Contracting 595-1128 / 815A525 Cell Location: Acme 20 28 1 $110.00 $115.00 Fraser Sand & Gravel 410-9195/410-9207 Cell Location: Everson 20 28 2 $87.50 $97.50 Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington 20 30 4 $125.00 $150.00 GROUP 5, OFF -ROAD TRUCKS ARTICULATED DUMP TRUCK HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS HOURLY OT Harkness Contracting 595-1128 / 815-4525 Cell Location: Acme 10-yard Dump Truck 10 12 2 $85.00 $95.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham 22 30 3 $130.00 $140.00 Siper Quarry (360) 592-3500 / 410-8625 Cell Location: Everson 20 30 2 $105.00 $105.00 DL Sorenson Construction 966-2628 Location: Everson Volvo A30 20 30 1 $215.00 $240.00 Volvo A35 23 35 1 $240.00 $265.00 CAT 725 17 25 1 $230.00 $255.00 CAT 730 20 30 1 $250.00 $275.00 CAT 735 23 35 1 $260.00 $285.00 CAT 740 30 40 1 $295.00 $320.00 RUBBER TRACKED DUMP TRUCK HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS HOURLY OT Mike Amos Excavating 815-4172 Location: Bellingham 4 5 1 $90.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham 5 8 1 $95.00 $110.00 Mark White 592-2923 / 815-4331 Cell Location: Deming 5 10 1 $100.00 97 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator GROUP 6, FRONT END LOADER WITH OPERATOR 2-Cubic Yard BIDDER, PHONE TRACKI WHEEL HOURLY HOURLY MAKE & MODEL TIRE WEIGHT BASE UNITS MOBILIZATION HOURLY OT Carmans Construction LLC (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor Hyundai 740 25,350 8'4" 1 $150.00 $135.00 $150.00 DL Sorenson Construction 966-2628 Location: Everson CAT 924H Tire 1 $115/hr 4hr minimum $115.00 $140.00 Western Refinery Services 366-3303 / 815-5182 Cell Location: Ferndale John Deere 444 2.5yd w/forks Tire 24,000 8'6" 2 $90.00 $90.00 $105.00 3-Cubic Yard BIDDER, PHONE TRACKI WHEEL HOURLY HOURLY MAKE & MODEL TIRE WEIGHT BASE UNITS MOBILIZATION HOURLY OT Carmans Construction (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor Hyundai 757 30,420 9' 1 $150.00 $143.00 $158.00 DL Sorenson Construction 966-2628 Location: Everson 4 hour minimum CAT 938H Tire 1 $115.00 $130.00 $155.00 Fiat - Allis 645B 3.5cy 1 $115.00 $140.00 $165.00 Tire CAT 950H 3.75cy 1 $150/hr+permits pilots $145.00 $170.00 Tire Tiger Construction 966-7252 / 815-6203 Cell Location: Everson CAT 950B Loader Tire 1 $180.00 $119.00 $148.00 Western Refinery Services 366-3303 / 815-5182 Cell Location: Ferndale KW 65ZV 3.5yd w/forks Tire 27,000 8'6" 1 $90.00 $95.00 $110.00 4-Cubic Yard BIDDER, PHONE TRACK/ WHEEL HOURLY HOURLY MAKE & MODEL TIRE WEIGHT BASE UNITS MOBILIZATION HOURLY OT Carmans Construction (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor Hyundai 770 50,930 10'2" 1 $150.00 $166.00 $181.00 Iverson Earthworks 366-3476 / 739-2446 Cell Location: Custer John Deere 644 E Tire 40,000 10'8" 2 $120,00 $110.00 DL Sorenson Construction 966-2628 Location: Everson 4 hr minimum Hyundai 760 4.5cy Tire 1 $150/hr + permits pilots $165.00 $190.00 CAT 966H 4.5cy 1 $150/hr + permits pilots $199.00 $224.00 Tire Western Refinery Services 366-3303 / 815-5182 Cell Location: Ferndale Kawasaki 65-Z (3.5cy) wfforks Tire 26,000 9' 1 $90.00 $110.00 $130.00 •• WC BID 11-20 On -Call Rental Rates for Equipment wth Operator 5-Cubic Yard BIDDER, PHONE TRACK/ WHEEL HOURLY HOURLY MAKE & MODEL TIRE WEIGHT BASE UNITS MOBILIZATION HOURLY OT Carmans Construction (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor Hyundai 770 50,930 10'2" 1 $150.00 $166.00 $181.00 DL Sorenson Consruction 966-2628 Location: Everson 4 hr minimum CAT HL770 5.3cy Tire 1 $150/hr+permits pilots $199.00 $224.00 MISCELLANEOUS BIDDER, PHONE TRACK/ WHEEL HOURLY HOURLY MAKE & MODEL TIRE WEIGHT BASE UNITS MOBILIZATION HOURLY OT Fraser Sand & Gravel 410-9195/410-9207 Cell Location: Everson 980C 7cy Tire 65,000 17' 1 $100.00 $115.00 $135.00 Excavating 592-5374/815-4473 Cell Location: Bellingham CAT 277C 1/2 /cubic yd Track 6' 1 $60.00 $95.00 $105.00 DL Sorenson Construction 966-2628 Location: Everson 4 hr minimum CAT 972H -6cy Tire 1 $150/hr+permits pilots $220.00 $245.00 ,CAT 980H-7cy Tire 1 $150/hr+permits pilots $240.00 $265.00 GROUP 7, DOZERS WITH OPERATOR D-3 DOZER BIDDER, PHONE HOURLY HOURLY MAKE & MODEL WEIGHT UNITS RIPPERS MOBILIZATION HOURLY OT Mike Amos Excavating 815-4172 Location: Bellingham John Deere, 450 GLT 14,000 1 No $88.00 $85.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham CAT D-3XL 2 No $100.00 $90.00 $100.00 DL Sorenson Construction 966-2628 Location: Everson 4 hr minimum CAT D-3 w/Brush Rake 15,160 2 No $115.00 $100.00 $125.00 CAT D-3C LGP w/ pyramid grousers 17,160 2 No $115.00 $110.00 $135.00 CAT D-3G 16,277 1 No $115.00 $107.50 $133.00 CAT D-3G LGP 17,160 1 No $115.00 $110.00 $135.00 Tiger Construction 966-7252 / 815-6203 Cell Location: Everson CAT D-3 1 No $160.00 $100.00 $130.00 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator D-4 DOZER BIDDER, PHONE HOURLY HOURLY MAKE & MODEL WEIGHT UNITS RIPPERS MOBILIZATION HOURLY OT Courtenay Excavating 319-9737 Location: Deming John Deere 550 D-4 w/winch & brush rake 16,000 1 No $100.00 $90.00 $90.00 Fraser Sand & Gravel 410-9195/410-9207 Cell Location: Everson CAT D-041­1 23,000 1 No $100.00 $95.00 $115.00 Iverson Earthworks 366-3476 / 739-2446 Cell Location: Custer John Deere 550 18,252 1 Yes $120.00 $90.00 John Deere 650 G w/ winch & Brush Rake 19,750 1 No $120.00 $95.00 Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington CAT D4C 25,000 1 No $125.00 $95.00 $120.00 DL Sorenson Construction 966-2628 Location: Everson 4 hr minimum CAT D-4C 16,714 1 No $115.00 $110.00 $135.00 CAT D-4CXLIII 18,073 1 No $115.00 $115.00 $140.00 CAT D-4G 17,317 1 No $115.00 $115.00 $140.00 CAT D-4G LGP 18,073 1 No $115.00 $117.00 $142.00 Western Refinery Services 366-3303 / 815-5182 Cell Location: Ferndale D-4 LGP CAT LGP Pyramid pad w/cab 27,000 1 No $100.00 $100.00 $115.00 D-6 DOZER BIDDER, PHONE HOURLY HOURLY MAKE & MODEL WEIGHT UNITS RIPPERS MOBILIZATION HOURLY OT Cascade Clearing 966-4182 / 815-0351 Location: Bellingham Cat D6H LGP 40,000 1 No $250.00 $110.00 $110.00 Harkness Contracting 595-1128 / 815-4525 Cell Location: Acme Case 1150 30,000 1 Yes $100.00 $105.00 $125.00 PAP Excavating 592-5374/815-4473 Cell Location: Bellingham CAT D-0R 1 No $120.00 $135.00 $140.00 Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington CAT D6H 47,000 1 No $125.00 $105.00 $130.00 DL Sorenson Construction 966-2628 Location: Everson 4 hr minimum CAT D-0K 28,409 1 No $115.00 $145.00 $170.00 CAT D-0K LGP 29690 1 No $115.00 $165.00 $190.00 CAT D-6N 36,497 1 No $115.00 $150.00 $175.00 CAT D-0N LGP 39,112 1 No $115.00 $150.00 $175.00 CAT D-0T LGP 43,380 1 No $1 50/hr+pi lots, permits $225.00 $250.00 100 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator D-8 DOZER BIDDER, PHONE HOURLY HOURLY MAKE & MODEL WEIGHT UNITS RIPPERS MOBILIZATION HOURLY OT Carmans Construction (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor Dresser TD8 18,000 1 No $150.00 $130.00 $145.00 Cascade Clearing 966-4182 / 815-0351 Cell Location: Bellingham CAT D8N U Blade 85,000 1 Yes $300.00 $180.00 $180.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham CAT D-8H 1 No $120.00 $155.00 $165.00 DL Sorenson Construction 966-2628 Location: Everson 4 hr minimum CATD-8H 82,675 1 Yes $150/hr + pilots/permits $180.00 $205.00 CAT D-8T 82,590 1 No $150/hr+pilots/permits $317.00 $342.00 MISCELLANEOUS BIDDER, PHONE HOURLY HOURLY MAKE & MODEL WEIGHT UNITS RIPPERS MOBILIZATION HOURLY OT Carmans Construction LLC (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor DresserTD9 •20,100 1 No $150.00 $140.00 $155.00 John Deere 750 32,000 1 No $150.00 $150.00 $165.00 Cascade Clearing 966-4182 / 815-0351 Location: Bellingham D5 TSK D5H Grapple 96" 40,000 1 No $150.00 $160.00 $160.00 Fraser Sand & Gravel 410-9195/410-9207 Cell Location: Everson 650H John Deere 20,000 1 No $100.00 $95.00 $115.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham John Deere 450 2 Yes $100.00 $90.00 $100.00 CAT D-9 1 Yes $140.00 $185.00 $195.00 Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington CAT D5H LGP 30,000 1 No $125.00 $115.00 $140.00 CAT D7H LGP 63,000 1 No $125.00 $125.00 $150.00 DL Sorenson Construction 966-2628 Location: Everson 4 hr minimum Mitsubishi BD2G w/ rubber track D-2 9,500 1 No $115.00 $100.00 $125.00 CAT D-5G 19,662 1 No $115.00 $120.00 $145.00 CAT D-5G LGP 20,434 1 No $115.00 $120.00 $145.00 CAT D-5N 28,409 1 No $115.00 $125.00 $150.00 CAT D-5N LGP 29,690 1 No $115.00 $130.00 $155.00 CATD-10T 147,405 1 No I $150/hr+pilots/permits $532.00 $557.00 10 101 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator GROUP 8, EXCAVATOR WITH OPERATOR BIDDER, PHONE LIFT MAX DIG HRLY HOURLY MAKE & MODEL WEIGHT UNITS THUMB BUCKET CAPACITY DEPTH MOBILIZ. HOURLY OT Mike Amos Excavating 815-4172 Location: Bellingham Kobelco 70 18,000 1 Yes 1/4yd tilt 7,000 16' $88.00 $88.00 Carmans Construction (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor Hyundai 180 40,000 1 Yes 2 15,700 20' $150.00 $150.00 $165.00 Hyundai 320 71,000 1 Yes 3 37,000 21' $400.00 $185.00 $200.00 Cascade Clearing 966-4182 / 815-0351 Location: Bellingham Hitachi230 \ 55,000 2 Yes 1-1/4-2-1/4 22,000 25' $150.00 $130.00 $130.00 Hitachi 220-65' Long Reach 55,000 1 No 314 55, $150.00 $180.00 $180.00 Courtenay Excavating 319-9737 Location: Deming Hitachi EX120 28,000 1 Yes 2',3',4.5' $100.00 $110.00 $110.00 Hitachi EX120 28,000 1 Yes 5.5' tilt $100.00 $110.00 $110.00 Kubota 121-3 9,500 1 Yes 1',2',3',1/4yd $75.00 $95.00 $95.00 Fraser Sand & Gravel 410-9195/410-9207 Cell Location: Everson EX300 Hitachi 65,000 1 Yes 2cy 20,000 23' $100.00 $115.00 $135.00 Haines Tree & Spray Svc 733-6680/961-6758 Cell Location: Bellingham KX-41 3,000 1 No Various 1,800 8' $125.00 $95.00 $142.50 KX-121-3 9,100 1 Yes 2cy 2,100 12' $125.00 $95.00 $142.50 Harkness Contracting 595-1128/815-4525 Cell Location: Acme Kobelco 210 60,000 2 No 6' 20,000 25' $120.00 $130.00 $150.00 Kobelco 200 47,000 1 Yes 5' 14,000 25' $120.00 $124.00 $136.00 Kobelco 160 42,000 1 Yes 5' 12,000 20' $100.00 $118.00 $130.00 Kobelco 135 27,000 1 Yes 4' 10,000 16' $100.00 $115.00 $125.00 Kubota 121-3 9,000 1 Yes 3' 12' $80.00 $90.00 $110.00 Iverson Earthworks 366-34761739-2446 Cell Location: Custer John Deere 200 CLC 44,000 1 Yes 2cy 14,000 21' $120.00 $125.00 John Deere 160 ELC 36,000 2 Yes 1.3cy 11,300 20' $120.00 $110.00 Kubota 161 Mini 12,000 1 Yes 3/4cy 3,650 12' $120.00 $90.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham CAT 303 8,000 1 Yes $80.00 $85.00 $90.00 CAT 304 12,000 1 Yes $80.00 $90.00 $96.00 CAT 315 40,000 1 Yes $110.00 $110.00 $120.00 CAT 320 48,000 1 Yes $110.00 $122.00 . $130.00 Hitachi 200 48,000 1 Yes $120.00 $125.00 $130.00 Hitachi 330 58,000 1 Yes $420.00 $140.00 $148.00 Kobelco 28,000 1 No $110.00 $110.00 $105.00 Kobelco 1 36,000 1 1 1 Yes I I 1 1 $110.00 1 $110.00 1 $115.00 11 102 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator GROUP 8, EXCAVATOR WITH OPERATOR BIDDER, PHONE LIFT MAX DIG HRLY HOURLY MAKE & MODEL WEIGHT UNITS THUMB BUCKET CAPACITY DEPTH MOBILIZ. HOURLY OT R&R Excavating 815-5914 Location: Ferndale Kobelco 200 44,000 1 Yes 3/4yd 11,000 19, $145.00 $145.00 $160.00 Kobelco 200 w/brush cutter 47,500 1 Yes 11,000 19, $100.00 $240.00 $265.00 Kobelco135 28,000 1 Yes 1/2td 8,500 11' $110.00 $135.00 $155.00 Kabota 121 9,000 1 Yes 45 3,100 11' $90.00 $110.00 $135.00 Solid Rock Excavating 296-1668 Location: Bellingham John Deere 120 30,000 1 Yes 1.0 cy 9,000 18, $250.00 $145.00 $175.00 DL Sorenson Construction 966-2628 Location: Everson 4hr min CAT 305.5 w/offset boom/tilt b 15,000 1 Yes 1/2 cy $115.00 $100.00 $125.00 CAT 308 - Rubber track 15,000 1 Yes 3/4 cy $115.00 $110.00 $135.00 CAT 110B w/tilt bkt 26,000 3 Yes 1 cy $115.00 $110.00 $135.00 CAT 205LC w/ tilt bkt 34,000 1 Yes 1 cy $115.00 $110.00 $135.00 CAT 311 26,410 1 Yes 1.25 cy $115.00 $115.00 $140.00 CAT 312 28,970 1 Yes 1.5 cy $115.00 $120.00 $145.00 CAT315 36,900 1 Yes 1.75 cy $115.00 $125.00 $150.00 CAT320 50,715 1 Yes 2 cy $115.00 $140.00 $165.00 CAT 321 52,910 1 Yes 2.5 cy $115.00 $150.00 $175.00 CAT 325D 64,460 1 Yes 3 yd $125/hr+ $170.00 $195.00 CAT 330D 79,700 1 Yes 4 cy $150/hr + $200.00 $225.00 CAT 345C 99,150 1 Yes 5 cy $150/hr+ $295.00 $320.00 CAT 365C 155,117 1 Yes 7 yd $150/hr+ $360.00 $385.00 CAT 385C 190,840 1 Yes 10 yd $150/hr+ $440.00 $465.00 John Deere 160 38,480 1 Yes 1.5 cy $115.00 $135.00 $160.00 Daewoo DH2OOLC w/brush rak 51,000 1 Yes 2.5 cy $115.00 $135.00 $160.00 John Deere 230 Long Reach 10 1 No 1 cy $150/hr+ $245.00 $270.00 John Deere 270 Long Reach 72,000 1 No 1.5 cy $150/hr+ $255.00 $280.00 Hyundai R210-7 52,457 1 Yes 2.5 cy $115.00 $140.00 $165.00 Volvo EC-330 86,000 1 Yes 3 cy $150/hr + $205.00 $230.00 Hyundai R320 LC 85,000 1 Yes 4 cy $150/hr+ $180.00 $205.00 Volvo EC460 105,000 1 Yes 1 5 cy $150/hr+ $250.00 $275.00 Tiger Construction 966-7252 / 815-6203 Cell Location: Everson Hitachi EX120 27,000 1 Yes 30"/48" $240.00 $116.00 $150.00 Hitachi EX200 45,000 2 Yes/No 36"/60" $650.00 $132.00 $162.00 Hitachi EX300 70,000 1 No 36"/72" $800.00 $153.00 $188.00 Hitachi EX400 90,000 1 No 1 36"/72" $980.00 $190.00 $235.00 Western Refinery Services 366-3303/815-5182 Cell Location: Ferndale Kubota KX 121w/Blade 9,100 4 Yes 2'2'3' 3,000 11' $90.00 $85.00 $100.00 Kubota KX 121w/6-Way 9,100 1 Yes 2'2'3' 3,000 11' $90.00 $90.00 $105.00 Kobelco SK-135 30,000 1 Yes 1.5 cy 11,000 20' $100.00 $100.00 $115.00 Kobelco SK-290 66,000 1 Yes 3 cy 32,000 24' $105.00 $130.00 $145.00 Linkbelt 350 Road Builder 95,000 1 No 4 cy 40,000 36' $200.00 $155.00 $170.00 Mark White 592-2923/815-4331 Cell Location: Deming Hitachi 160-3 42,000 1 Yes Icy 15,000 18' $105.00 $120.00 Kobelco SR50 11,000 1 Yes 1/2 cy 4,000 10, $105.00 $90.00 12 103 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator GROUP 9, EXCAVATOR WITH CLAMSHELL AND OPERATOR BIDDER, PHONE LIFT MAX DIG HRLY HOURLY MAKE & MODEL WEIGHT UNITS CLAMSHELL CAPACITY DEPTH MOBILIZ. HOURLY OT Cascade Clearing 966-4182 / 815-0351 Location: Bellingham Hitachi 220 Long Reach 55,000 1 1/2cy 55' $250.00 $180.00 $180.00 Harkness Contracting 595-1128/815-4525 Cell Location: Acme Kobelco 210 60,000 2 3/4cy 20,000 25' $120.00 $160.00 $180.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham CAT 315 40,000 1 1 20,000 25' $110.00 $140.00 $160.00 DL Sorenson Construction 966-2628 Location: Everson Volvo EC140 30,000 1 3/4 $150.00 (blank on form) GROUP 10, WALKING/ARTICULATED LEG EXCAVATOR WITH OPERATOR No Bids GROUP 11, LOG LOADER WITH HYDRAULIC GRAPPLE WITH OPERATOR BIDDER, PHONE LIFT HOURLY HOURLY MAKE & MODEL WEIGHT UNITS CAPACITY MOBILIZATION HOURLY OT Cascade Clearing 966A182 / 815-0351 Location: Bellingham Hitachi 230 60,000 1 22,000 $250.00 $140.00 $140.00 Harkness Contracting 595-1128/815A525 Cell Location: Acme Kobelco 210 60,000 2 20,000 $120.00 $160.00 $180.00 Western Refinery Services 366-3303/815-5182 Cell Location: Ferndale Linkbelt 350 Road Builder 95,000 1 40,000 $200.00 $155.00 $170.00 GROUP 12, SCRAPER WITH OPERATOR BIDDER, PHONE HOURLY HOURLY MAKE & MODEL WEIGHT UNITS YARDAGE MOBILIZATION HOURLY OT Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington CAT 623B 82,000 3 $165.00 $250.00 $275.00 CAT 631 D 82,000 3 $165.00 $250.00 $275.00 Western Refinery Services 366-3303/815-5182 Cell Location: Ferndale John Deere 9400/9520 50,000 6 17 $150.00 $135.00 $150.00 John Deere 9400/9520 65,000 6 36 $150.00 $160.00 $175.00 13 104 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator GROUP 13, SWEEPER WITH OPERATOR BIDDER, PHONE HOURLY HOURLY MAKE & MODEL UNITS MOBILIZATION HOURLY OT Carmans Construction (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor Laymor 8' Broom 1 $150.00 $90.00 $105.00 P&P Excavating LLC 592-5374/815-4473 Cell Location: Bellingham CAT 277-C 1 $60.00 $95.00 $105.00 DL Sorenson Construction 966-2628 Location: Everson Bobcat 763 Bucket Broom 1 $115.00 $110.00 $135.00 Tiger Construction 966-7252 / 815-6203 Cell Location: Everson Rosco Sweeper 1 $150.00 $110.00 $145.00 Western Refinery Services 366-3303/815-5182 Cell Location: Ferndale 2008 Elgins Crosswinds Regen Air/8cy Hopper 1 $100.00 $120.00 $135.00 GROUP 14, MOBILE CRANE WITH OPERATOR BIDDER, PHONE HOURLY HOURLY MAKE & MODEL UNITS SZ LENGTH MOBILIZATION HOURLY OT Ness & Campbell Crane 88-784-1054 Location: Burlington Manitex 1984 Boom Truck Crane 1 19 84' $116.00 $155.00 $180.00 National 800c Boom Truck Crane 1 21 80' $120.00 $160.00 $185.00 National 14100c Boom Truck 1 33 100, $127.50 $170.00 $195.00 National 1500 Truck Crane 2 36 127' $135.00 $180.00 $205.00 National 1800 Truck Crane 2 40 127' $138.75 $185.00 $210.00 Link -Belt HTC8640 Truck Crane 1 40 105' $138.75 $185.00 $210.00 Grove AT750B All Terrain Crane 4 50 110, $165.00 $220.00 $245.00 Grove TMS865 Truck Crane 1 65 114' $217.50 $290.00 $340.00 Grove RT875 Rough Terrain Crane 1 75 128' $700.00 $260.00 $285.00 Grove GMK4085 All Terrain 1 85 125' $525.00 $330.00 $380.00 Liebherr LTM1080/1 All Terrain 2 100 157' $745.00 $335.00 $385.00 Krupp KMK5130 All Terrain 1 130 139' $850.00 $380.00 $430.00 Grove GMK5175 All Terrain 2 175 161' $1,200.00 $415.00 $465.00 Grove GMK5275 All Terrain 1 275 223' $1,600.00 $515.00 $565.00 Grove GMK6300B All Terrain 1 300 197' $2,244.00 $545.00 $595.00 Grove GMK7550 All Terrain 1 1 1 550 1 197' 1 $3,058.00 $705.00 1 $755.00 14 105 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator GROUP 14, MOBILE CRANE WITH OPERATOR BIDDER, PHONE HOURLY HOURLY MAKE & MODEL UNITS SZ LENGTH MOBILIZATION HOURLY OT Siclesteel Cranes (360) 428-3811 Location: Mt. Vernon Manitex M2592S Boom Truck Crane 1 25 92 $328.00 $164.00 $199.00 Terex Stinger 60100 Boom Truck Crane 1 30 100 $344.00 $172.00 $207.00 Terex RT230 Rough Terrain Crane 2 30 94 $530.00 $173.00 $208.00 Grove RT740 Rough Terrain Crane 1 40 105 $530.00 $190.00 $225.00 Demag AC155 All Terrain Crane 2 60 131 $745.00 $223.00 $258.00 Grove RT755 Rough Terrain Crane 2 60 110 $710.00 $208.00 $243.00 Grove RT855B Rough Terrain Crane 1 60 115 $710.00 $215.00 $250.00 Krupp KMK4071 All Terrain Crane 1 85 125 $745.00 $282.00 $352.00 Grove RT990 Rough Terrain Crane 1 90 114 $1,150.00 $283.00 $318.00 Demag AC205 All Terrain Crane 2 100 164 $910.00 $294.00 $364.00 Krupp KMK5130 All Terrain Crane 1 130 139 $910.00 $325.00 $395.00 Grove RT9130E Rough Terrain Crane 1 1 130 160 $1,150.00 $309.00 $344.00 Siclesteel Cranes (360) 428-3811 Location: Mt. Vernon Krupp KMK6140 All Terrain Crane 2 165 152 $910.00 $379.00 $449.00 Demag AC435 All Terrain Crane 3 180 164 $1,297.50 $391.00 $461.00 Demag AC615 All Terrain Crane 1 3 1 250 1 165 1 $1,750.00 1 $473.00 1 $543.00 GROUP 15, PILE DRIVERS WITH OPERATOR BIDDER, PHONE HOURLY HOURLY MAKE & MODEL UNITS REACH MOBILIZATION HOURLY OT Harkness Contracting 595-1128/815-4525 Cell Location: Acme Kobelco 160 1 20' $120.00 $280.00 $320.00 Kobelco 200 1 25' $120.00 $290.00 $330.00 GROUP 16, DRAG LINES OR CLAMS WITH OPERATOR No Bids GROUP 17. HYDROSEEDER WITH OPERATOR BIDDER, PHONE HOURLY HOURLY MAKE & MODEL SIZE(Gal) UNITS MOBILIZATION HOURLY OT Haines Tree & Spray Svc 733-6680/961-6758 Cell Location: Bellingham Turfmaker 385 1 $150.00 $85.00 $127.50 GROUP 18, BACKHOE WITH OPERATOR BIDDER, PHONE HOURLY HOURLY MAKE & MODEL UNITS MOBILIZATION HOURLY OT Mike Amos Excavating 815-4172 Location: Bellingham New Holland T-21 1 $50.00 $65.00 Carmans Construction (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor Cat 420 1 $150.00 $130.00 $145.00 Courtenay Excavating 319-9737 Location: Deming JD 310 E 44 1 $100.00 $95.00 $95.00 15 106 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator GROUP 18, BACKHOE WITH OPERATOR BIDDER, PHONE HOURLY HOURLY MAKE & MODEL UNITS MOBILIZATION HOURLY OT Harkness Contracting 595-1128/815-4525 Cell Location: Acme Case 580 Hoe Pack or Breaker 1 $100.00 $100.00 $120.00 Iverson Earthworks 366-34761739-2446 Cell Location: Custer JD 310 SG w/ Plate Compactor 1 $120.00/hr $95.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham CAT 420-D 44 Extend -a -Hoe 1 $100.00 $90.00 $95.00 Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington CAT 416 3 $125.00 $105.00 $130.00 DL Sorenson Construction (no price sheet provided) Tiger Construction 966-7252 / 815-6203 Cell Location: Everson John Deere 710 Backhoe Loader 2 $240.00 $109.00 $140.00 John Deere 510 Backhoe Loader 1 $180.00 $103.50 $135.00 GROUP 19, TRACTOR -MOUNTED MOWERS & BRUSH CUTTERS WITH OPERATOR ROTARY -REAR MOUNT BIDDER, PHONE Mowing HOURLY HOURLY MAKE & MODEL Deck Size UNITS MOBILIZATION HOURLY OT Mike Amos Excavating 815-4172 Location: Bellingham New Holland TD-21 4' 1 $50,00 $65.00 Drake Harkness Trucking 592-2790 / 961-4022 Cell Location: Deming New Holland 7740 4x4 6' & 5' 2 $100.00 $95.00 $95.00 Haines Tree & Spray Svc 733-6680/961-6758 Cell Location: Bellingham M8030 Kubota 5' 1 $85.00 $85.00 $127,50 ROTARY -SHOULDER No Bids ROTARY - LONG ARM BIDDER, PHONE MOWING HOURLY HOURLY MAKE & MODEL DECK UNITS MOBILIZATION HOURLY OT Drake Harkness Trucking 592-2790 / 961-4022 Cell Location: Deming New Holland 7740 4x4 4' 2 $100.00 $95.00 $95.00 Pacific Brush Cutting 366-0596 / 815-0230 Cell Location: Lynden John Deere 6300 1 5' 1 1 1 n/a $80.00 n/a 16 107 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator FLAIL - REAR MOUNT BIDDER, PHONE MOWING HOURLY HOURLY MAKE & MODEL DECK UNITS MOBILIZATION HOURLY OT Semiahmoo Brush Cutting (pending UBI #) (360) 661-5868 Location: Blaine Case 5120 96" 1 $90.00 80.00 FLAIL - SHOULDER Semiahmoo Brush Cutting (pending UBI #) (360) 661-5868 Location: Blaine Bomford 96" 1 $90.00 80.00 FLAIL - LONG ARM P&P Excavating 592-5374/815-4473 Cell Location: Bellingham CAT 304 Excavatir 4' 1 $90.00 100.00 110.00 Semiahmoo Brush Cutting (pending U81 #) (360) 661-5868 Location: Blaine Bomford 48" 1 3 1 1 $84.50 MISCELLANEOUS R&R Excavating 815-5914 Location: Ferndale Kobelco 200 Excavator w/Cutting Head 4' 1 $160.00 $240.00 $260.00 GROUP 20, SKID -STEER MOUNTED MOWERS & BRUSH CUTTERS WITH OPERATOR ROTARY - FRONT MOUNT BIDDER, PHONE MOWING HOURLY HOURLY MAKE & MODEL DECK UNITS MOBILIZATION HOURLY OT All -Terrain Cutting 815-1999 Location: Everson ASV P1'1000 Rotary Front Mount 6' 1 $115.00 $135.00 P&P Excavating 592-5374/815-4473 Cell Location: Bellingham CAT 277C 5' 1 $90.00 $100.00 $110.00 Mark White 592-2923/815-4331 Cell Location: Deming CAT 287B 6' 1 $105.00 $100.00 ROTARY - SIDE MOUNT No Bids FLAIL - FRONT MOUNT BIDDER, PHONE MOWING HOURLY HOURLY MAKE & MODEL DECK UNITS MOBILIZATION HOURLY OT All -Terrain Cutting 815-1999 Location: Everson ASV PT1000 Flail Front Mount 6' 1 $115.00 $135.00 R&R Excavating 815-5914 Location: Ferndale Takeuchi 150 1 5' 1 1 1 $100.00 1 $155.00 $175.00 FLAIL - SIDE MOUNT No Bids 17 108 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator GROUP 21, WALKING LEG -TYPE HEAVY-DUTY BRUSH CUTTER WITH OPERATOR No Bids GROUP 22, WATER TRUCK WITH OPERATOR BIDDER, PHONE HOURLY HOURLY MAKE & MODEL SIZE UNITS MOBILIZATION HOURLY OT Penny Lee Trucking (360) 403-7520 / (360) 508-0007 Cell Location: Arlington International 2,000 Gal 1 $125.00 $105.00 $130.00 International 4,000 Gal 1 $125.00 $110.00 $140.00 DL Sorenson Construction 966-2628 Location: Everson Mack R600 2,000 Gal 1 $115.00 $125.00 $150.00 Western Refinery Services 366-33031815-5182 Cell Location: Ferndale IH 8100, side, front & rear nozzles w/hose reel 2,500 Gal 1 1 $90.00 1 $90.00 1 $105.00 GROUP 23, SNOW/ICE REMOVAL EQUIPMENT WITH OPERATOR BIDDER, PHONE HOURLY HOURLY MAKE & MODEL LOCATION UNITS MOBILIZATION HOURLY OT Courtenay Excavating 319-9737 Location: Deming John Deere 310E 44 Whatcom Co. 1 $100.00 $95.00 $95.00 Harkness Contracting 595-11281815-4525 Cell Location: Acme CAT 12 Grader Whatcom Co. 1 $120.00 $120.00 $140.00 Case 580 Whatcom Co. 1 $100.00 $100.00 $120.00 Iverson Earthworks 366-3476/739-2446 Cell Location: Custer John Deere 644E Whatcom Co. 1 $120.00 $110.00 John Deere 31OSG Whatcom Co. 1 $120.00 $95.00 Western Refinery Services 366-33031815-5182 Cell Location: Ferndale Volvo 710A Grader/ 12ft Angle Blade Whatcom Co. 1 $100.00/hr $120.00 $135.00 KW 65ZV w/12ft angle blade Whatcom Co. 1 $100.00/hr $110.00 $125.00 Mark White 592-29231815-4331 Cell Location: Deming CAT 287 Whatcom Co 1 $105.00 $100.00 GROUP 24, TRUCK MOUNTED SPRAYER WITH OPERATOR BIDDER, PHONE HOSE SPRAYER HOURLY HOURLY MAKE & MODEL LENGTH CAPACITY UNITS MOBILIZATION HOURLY OT Haines Tree & Spray 733-66801961-6758 Cell Location: Bellingham Ford F350 Bean 500 600' 500 1 $75.00 $75.00 $112.50 Isuzu NPR Bean 100 300' 300 1 $75.00 $75.00 $112.50 Western Refinery Services 366-33031815-5182 Cell Location: Ferndale Chevy 44 w/Rear Sprayer 600' 500 2 $85.00 $85.00 $105.00 Chevy 1Ton w/Rear Sprayer 1 600' 1 300 1 1 1 $85.00 1 $85.00 1 $105.00 18 109 WC BID 11-20 On -Call Rental Rates for Equipment wth Operator GROUP 25, BACKPACK SPRAYER WITH OPERATOR BIDDER, PHONE SPRAYER HOURLY HOURLY MAKE & MODEL CAPACITY UNITS MOBILIZATION HOURLY OT Carmans Construction (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor Echo 5 Gal 1 $40.00 $90.00 $105.00 Haines Tree & Spray 733-66801961-6758 Cell Location: Bellingham Solo hand pump diaphragm 1 3 1 5 1 $75.00 1 $75.00 $112.50 GROUP 26, ROCK DRILL WITH OPERATOR No Bids GROUP 27, MISCELLANEOUS BIDDER, PHONE HOURLY HOURLY MAKE & MODEL UNITS MOBILIZATION HOURLY OT Carmans Construction (360) 679-5010 / (360) 466-8623 Cell Location: Oak Harbor Wacker Compactor 1 $80.00 $80.00 $95.00 David White, Rotating Lazer 2 $40.00 $80.00 $95.00 Cascade Clearing 966-4182 / 815-0351 Location: Bellingham Hitachi 230 W 500028 Breaker 1 $120.00 $180.00 $180.00 84" Rayco Roller 1 $200.00 $85.00 $85.00 Fraser Sand & Gravel 410-91951410-9207 Cell Location: Everson IMS 4010 Hydraulic Dredge 10' (call for more info) 1 $50+crane cost $255.00 $300.00 Hyster Low Boy 50 ton 1 $95.00 $105.00 R&R Excavating 815-5914 Location: Ferndale B16 Tow Dump Trailer 1 $90.00 $90.00 $110.00 DL Sorenson Const 966-2628 Location: Everson John Deere 670A 1 $141.00 $141.00 $166.00 Huber Maintainer w/Loader 1 $115.00 $110.00 $135.00 Western Refinery Services 366-33031815-5182 Cell Location: Ferndale KX-121 w/Breaker 2 $90.00 $100.00 $115.00 KX-121 w/Hoe Pack 2 $90.00 $100.00 $115.00 KX-121 w/8"-24" Auger 1 $90.00 $100.00 $115.00 SK-135 w/8"-24" Auger 1 $100.00 $120.00 $135.00 SK135 w/Hoe Pack 1 $100.00 $120.00 $135.00 Linkbelt 350 w/Demo Sheer for Concrete/Steel 1 $200.00 $180.00 $195.00 Volvo 710 Road Grader 1 $100.00 $90.00 $105.00 4-Axle Tuck/4-Axle Lowboy 55 ton 1 $100.00 $130.00 $145.00 Mark White 592-292318154331 Cell Location: Deming Morooka Track Truck 1 $105.00 $100.00 19 110 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2010 - 72 B CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Orig. Dept.: 3/15/2011 4/12/2011 Introduction 5COTW Division Head: Dept. Head: e Prosecutor: Budget: Executive: SUBJECT: Ordinance amending code and maps relating to rural land use ATTACHMENTS SUMMARY STATEMENT: Related County Contract #: Should the Clerk schedule a hearing? (Y/N) Y Requested Date: 3/29/20I I Ordinance amending Whatcom County Zoning Code Title 20, the Official Whatcom County Zoning Map, and the Whatcom County Comprehensive Pland and Maps, to implement changes relating to rural land use planning RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 3/15/2011: Introduced 3/29/2011: Motion to refer to a special COTW on April 12. Motion carried 6-0, Kershner absent Written record open to 5 p.m. on April 5, 2011 Related File Numbers: AB2010-072 AB2010-027A Ordinance or Resolution Number (this item only): 111 ' WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive f Bellingham, WA 98226-9097 f 360-676-6907, TTY 800-833-6384 ``gsti'HGor 360-738-2525 Fax TO: THROUGH: FROM: DATE: SUBJECT: MEMORANDUM Whatcom County Council I.E. "Sam" Ryan, Director f � J.E. "Sam" Ryan Director Roxanne Michael, AICP, Long Range Planning Supervisor Gary Davis, AICP, Senior Planner April 5, 2011 Rural Element Update At its April 12 Special Committee of the Whole meeting, the County Council will consider changes to the proposed Rural Element amendments following public testimony at the March 29 public hearing. This memorandum is intended to identify some key issues that have been discussed in recent weeks (by Council members, the County Executive, and public comments) and propose alternatives. Building size Both the Planning Commission recommendation and PDS draft amendments of September 7, 2010 include proposed maximum building sizes in commercial and industrial zones. These maximums were based on the largest buildings existing in these zones in 1990 per PDS analysis of Assessor's records. This was an effort to address RCW 36.70A.070(5)(d)(i)(C) which requires that in Type I LAMIRDs, "Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas." Per RCW 36.70A.070(5)(d)(v), existing areas are those existing on July 1, 1990. Recent County Council votes changed the maximums to 30,000 square feet for commercial and industrial zones in Rural Communities (Type I LAMIRDs), and set to maximums in Rural Business designations (Type III LAMIRDs). The County Executive has expressed concerns with the Council's approach in his March 10, 2011 memorandum. Staff proposes an alternative approach, establishing the maximums based on the 1990 data, and allowing an appeal process where the applicant would have the opportunity to show that a larger size is consistent with the 1990 built environment in Rural Community designations (Type I LAMIRD). In Type III LAMIRDs, where RCW ' http://www.whatcomcounty.us/pds/nlan/long/projects/lamird/i)df/20110310-kremenmemo.pdf 112 Rural Element Update Memorandum April 5, 2011 36.70A.070(5)(d)(iii) describes "small scale" businesses (but provides no definition of small scale) PDS proposes a maximum of 35,000 square feet, which is based on the threshold between what is currently allowed for retail establishments in Light Impact Industrial (LII) and General Commercial (GC) and "large commercial retail," which can be up to 65,000 square feet in urban growth areas only. Example: Alternative building size provision for General Comm. (GM): 20.67.300 Maximum building size. .321 In a Rural Community designation, the allowable floor area shall not exceed 20,000 square feet, or a size that is consistent with the size, scale, or intensity of similar uses that existed on July 1, 1990 within the areas currently zoned GM and designated as a Rural Community. Determination on consistency with 1990 uses shall be made by the planning and development services department and may be appealed per the process described in Section 20.84,240. .321 In a Rural Business designation, the maximum allowable floor area is 35,000 square feet. The alternative wording would be applied to the Rural Industrial Manufacturing (RIM), Rural General Commercial (RGC), and Small Town Commercial (STC) zones, but with a 12,000 square feet maximum in Rural Communities, which is more consistent with the 1990 building size data for those zones. Lake Whatcom, South Bay zoning The proposed changes in the March 15 draft ordinance outside the proposed Sudden Valley LAMIRD are: • Change the Residential Rural, one dwelling per acre and two dwellings per acre (RR-1 and RR-2) zoning to Rural Residential one dwelling per five acres (RR-5A) with a density overlay that could permit densities no greater than one dwelling per acre (256 acres total). • Retain 157 acres of Rural one dwelling per two acres (R-2A) zones where existing average parcel sizes are well below one acre, and rezone the remainder, 91 acres, to R-5A with the same density overlay. A large majority of the 700-plus existing lots in the RR-1, RR-2 and R-2A areas are too small to subdivide under the current zoning. PDS estimates the proposed rezoning would reduce the number of potential new lots in these areas from 72 to 17 (see chart below). In the 91 acres near Lake Whatcom Boulevard currently zoned R-2A and proposed for R-5A with the density overlay, staff has studied the potential effect of the proposed density overlay (proposed WCC 20.32., which allows a minimum lot size equal to the average size of residentially developed lots within 500 feet of the parcel being subdivided (if at least 70% of those lots are developed). In this area, the developed lots that would be used in the calculation include small nonconforming lots in the R-2A zone and developed lots in the neighboring RR-2 zone. Thus, while the average lot size is 2.8 acres in the area, when an overlay calculation is done on some parcels (averaging only the smaller developed lots), new minimum lot sizes for several lots approach one unit per acre. However, to ]:\Planning Division\Long Range Plan ning\LAMIRD\Council April 2011\20110405-council-staffmemo.doc 113 Rural Element Update Memorandum April 5, 2011 be eligible to apply the overlay calculation to a subdividing parcel, 70 percent of the surrounding parcels must be residentially developed. Because most lots in the area do not meet this eligibility requirement, staff estimates that only one lot in this area could be subdivided as a result of the overlay (the one closest to the RR-2 developed lots near Strawberry Point), and that parcel is State-owned. Still, the overlay in its current form creates a situation where a lot that could not be subdivided today (albeit in this case one State-owned lot) could be subdivided under the proposed overlay. Alternative approaches that would solve this issue would be to adjust the overlay calculation in the Rural (R) zone to allow densities no greater than one dwelling per two acres (proposed WCC 20.36.253) or simply rezone the area to R-5A without the density overlay. The only other location in the County where R-2A land is proposed to be rezoned to R-5A with the overlay is in the Ft. Bellingham/Marietta area. Based on the parcels in its geographic information system (GIS) analysis database (using GIS acreage and applying the overlay criteria and formula to lots larger than 2 acres), PDS has prepared the following estimate of potential new lots2 outside the proposed Sudden Valley LAMIRD in the Lake Whatcom and South Bay maps under three scenarios: current zoning, proposed zoning per the March 15 ordinance, and rezoning to one -per -five -acre density without the overlay. Area Current Potential New Lots Proposed Five Acre R-2A 93 R-2A 9 R-5A i R-2A (LW Blvd) 125 R-SA* 56 R-5A 37 RR-1 30 RR-5A* 38 RR-5A 0 RR-2 21 RR-5A* 0 RR-5A 0 Total 72 17 4 *subject to density overlay If the Council wishes to consider rezoning to a density of one dwelling per five acres for all the RR--1, RR-2, and R-2A zoning in the Lake Whatcom watershed, PDS has prepared an alternative map showing RR-1 and RR-2 areas to be rezoned to RR-5A, and R-2A areas to be rezoned to R-5A. Emerald Lake At the March 29, 2011 public hearing, a major property owner in the area asked the Council to remove his property from the proposed Emerald Lake Rural Z Potential new lots are additional lots that could be created in addition to but not including the parent parcel (. This estimated number assumes no barriers to subdivision such as critical areas or slopes. This estimated number of new lots is likely a larger number than would actually occur. 3 Six potential new lots on parcel 380432220473, and one each on pcis 380432395245, 380429025020, 370422393319 ° One potential new 5-acre lot on pcl 380432220473 5 Ten potential new lots on pcl 380431074045, and one each on State-owned pcis, 380336502071, and 380336328205 6 Two potential new lots on State-owned pcl 380336198147 per the overlay calculation, and three potential new five -acre lots on pcl 380431074045 Three potential new 5-acre lots on pci 380431074045 e Three potential new lots on pcl 370427256371 I:IPlanning Division\Long Range Planning\LAMIRDICouncil April 2011120110405-council-staffinemo.doc 114 Rural Element Update Memorandum April 5, 2011 Community (Type I LAMIRD). PDS has prepared an alternative map showing the same boundary proposed in the September 7, 2010 draft, with the affected area outside the LAMIRD proposed for R-5A and RR-5A zoning. Birch Bay Lynden & I-5 At its March 1 work session, the Council voted to expand the boundary of the Birch. Bay-Lynden & I-5 Rural Business designation (Type III LAMIRD) to include two lots to the south, one containing an existing storage business and one vacant. There was a motion to exclude the vacant lot but that was not approved. At a later meeting, Council member Kershner asked whether the vacant lot had been removed and PDS erroneously stated it had been. If the Council wishes to consider a motion to remove the vacant lot from the LAMIRD, PDS has prepared an alternative map showing the storage business parcel in the LAMIRD but not the vacant (the southernmost) parcel. Lake Whatcom schools Proposed Comprehensive Plan Policy 2MM-10 states, "Encourage the location of public facilities in Rural Communities within the Lake Whatcom watershed to reduce vehicle miles traveled within the watershed." PDS proposed that policy following an August 2009 comment from the Bellingham School District, which has been considering a school site in the Sudden Valley LAMIRD. This policy was included in the October 2009 Planning Commission recommendation. Commenters9 have pointed out that the term "public facilities" is broadly defined in state law and could open the door to a variety of facilities. If the Council wishes to address this concern, staff proposes an alternative wording, replacing "public facilities" with "public services such as schools," and replacing "to reduce" with "that would likely reduce." Buffer adjoining resource lands In the October 2009 Planning Commission recommendation for zoning code amendments, commercial and industrial zones contained a provision to increase buffer areas to 50 feet (100 feet for newly -created lots) on lots adjacent to rural and resource designations. The Council removed those increased buffers from the draft on March 4. Council has recently received comments10 concerning spacing between business and agricultural uses, citing potential blockage of sun exposure as well as conflicts resulting from fertilizer and pesticide use. One comment notes the requirement in RCW 36.70A.060(1)(a) for counties to ensure that uses adjacent to agricultural, forest, or mineral resource lands not interfere with resource uses. Currently the zoning code requires no buffer on commercial or industrial lots adjoining resource lands. Commercial zones currently require 25-foot 9 http://www.wliatcomcounty.us/pds/plan/longIRroj ects/lamird/pdf/20110313-melious.pdf , p. 4; http://www.whatcomeouii y.ua/pds/plan/long/protects/lamird/i)df/20110329-harris.pdf, p. 4. io http://www.whatcomcounty.us/pds/plan/long/projects/lamird/pdf/20110329-steensma_pdf, p. 2; http://www.whatcomcoun!y.us/pds/plan/long/projects/lamird/pdf/20110324-farmfriends.l)df, p. I:1Planning DivisionTong Range PlanninglLAMIRD1Council April 2011120110405-council-staffmemo.doc 115 Rural Element Update Memorandum April 5, 2011 landscaped buffers adjoining residential and rural zones and industrial zones require a 50-foot buffer with 25 feet of that landscaped. Because the purpose of a buffer from resource uses is different from that of a buffer from residential uses, aesthetics are not as important and landscaping requirements are not appropriate. If the Council wishes to add buffer standards, PDS suggests an alternative approach whereby a non -landscaped building setback of at least 50 feet is applied adjacent to lot lines adjoining lots designated for resource uses, and no increase to 100 feet for newly -created lots. Example: Alternative buffer provision for General Comm. (GM): 20.67.550 Buffer area. .552 When a parcel situated within this district adjoins Agriculture, Commercial Forestry, Rural Forestry, or Mineral Resource Area comprehensive plan designation (as designated on map 8 of chapter 2 of the Whatcom County Comprehensive Plan), setbacks from property lines adjoining this designation shall be increased to 50 feet from the adjoining lot lines. Buffer areas may include public rights -of -way or granted vehicular access easements in a subdivision, binding site plan, or short subdivision. If you have any questions regarding the Rural Element update, please contact Gary Davis at extension 50246. I:\Planning Division\Long Range Planning\LAMIRD\Council April 2011\20110405-council-staffmemo.doc 116 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. 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 WHEREAS, the Washington State Growth Management Act (GMA) requires Whatcom County to include a rural element in its Comprehensive Plan that protects the county's established rural character by containing or otherwise controlling rural development; and WHEREAS, time is of the essence to complete the revisions of Whatcom County's rural element due to an order of the Western Washington Growth Management Hearings Board in Futurewise v. Whatcom County, Case No. 05-2- 0013 requiring revision of comprehensive plan designations in accordance with GMA requirements for "limited areas of more intensive rural development" (LAMIRDs) and reconsideration of permitted rural densities; and WHEREAS, the recommended amendments have been considered by the Whatcom County Planning Commission, the Whatcom County Council Planning and Development Committee and the Whatcom County Council; and WHEREAS, legal notice requirements have been met; and WHEREAS, the County Council finds the Comprehensive Plan and zoning amendments in the interest of the public health, safety, and welfare, based on the following findings and conclusions: FINDINGS OF FACT: GMA Requirements 1. The Washington Growth Management Act (GMA) requires county comprehensive plans to include a rural element that protects the county's established rural character by containing or otherwise controlling rural development. 2. GMA (RCW 36.70A.070(5)(a)) allows counties to consider local circumstances in its rural element but requires counties to develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of RCW 36.70A. (See Conclusions 2 and 3 below). 3. GMA allows, but does not require, counties to designate "limited areas of more intensive rural development" (LAMIRDs) (RCW 36.70A.070(5)(d)) and 117 Preliminary Draft Rural Element Ordinance March 15, 2011 describes three types of development patterns that may be considered LAMIRDs: a) Type I: "Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed - use areas, whether characterized as shoreline development villages, hamlets, rural activity centers, or crossroads developments ... Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas." (RCW 36.70A.070(5)(d)(i)) In RCW 36.70A.070(5)(d)(iv), GMA states, "Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands as provided in this subsection." GMA requires counties to establish logical outer boundaries for areas of more intensive rural development and describes considerations that must be addressed in establishing those boundaries Per RCW 36.70A.070(5)(d)(v), existing areas are those that existed on July 1, 1990. b) Type II: "The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting but that do not include new residential development..." (RCW 36.70A.070(5)(d)(ii) c) 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..." (RCW 36.70A.070(5)(d)(iii) 4. GMA requires that the rural element of a county comprehensive plan provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses, and allows counties to use innovative zoning techniques that will accommodate appropriate rural densities and uses that are consistent with rural character. 5. GMA requires local governments that are required or choose to plan under GMA to utilize a process established by the Washington State Attorney General to assure that proposed regulatory or administrative actions do not result in an unconstitutional taking of private property. (RCW 36.70A.370) "rhe Whatcom County Prosecutor's office informed the County Council of this requirement and, in accordance with Attorney General's Advisory Memorandum, advised the Council regarding the proposed amendments with respect to avoiding unconstitutional taking of private property. Growth Management Hearings Board Decision: Futurewise vs. Whatcom County 6. In Futurewise v. Whatcom County and Gold Star Resorts, Inc. (#05-2-0013 P 118 Preliminary Draft Rural Element Ordinance March 15, 2011 Sept. 20, 2005 Final Decision and Order), the Western Washington Growth Management Hearings Board (WWGMHB) found Whatcom County out of compliance on three issues: The policies pertaining to Small Town, Crossroads Commercial, Resort and Recreational Subdivision, Suburban Enclave, and Transportation Corridor land use designations -allow the creation of more intensive areas of rural development that do not comply with RCW 36.70A.070(5)(d); The Rural Residential zones (RR-1, RR-2, RR-3), Eliza Island (EI) zone, Rural two -acre (R-2A), and Rural Residential Island (RRI) zones allow residential densities that are not rural in the rural areas and are not in limited areas of more intensive rural development per RCW 36.70A.070(5)(d); and Urban Residential three -per -acre (UR-3) zoning in urban growth areas (except the UR-3 in Lake Whatcom watershed and the airport hazard area) failed to achieve appropriate urban densities. 7. In June, 2007 Whatcom County rezoned approximately 1,700 acres in the Ferndale and Everson UGAs to UR-4 in 2007 (Ord. 2007-030 and 2007-045) to address the urban density noncompliance issue in the September 20, 2005 Futurewise v. Whatcom County and Gold Star Resorts, Inc, decision. 8. The WWGMBH issued a finding of compliance on the urban density issue on August 30, 2007. 9. The September 20, 2005 Futurewise v. Whatcom County and Gold Star Resorts, Inc. decision relating to the land use designations and rural density issues was reversed in Whatcom County Superior Court in 2006. The Superior Court decision was, in turn, reversed by the Division I Court of Appeals in 2007, which reinstated the 2005 WWGMHB decision and ordered Whatcom County to comply with that decision (140 Wn. App. 378). In December, 2009 the Supreme Court of the State of Washington reversed the Court of Appeals' holding that the hearings board did not improperly apply a bright line in addressing the challenge to Whatcom County's rural densities, but affirmed the Court of Appeals' decision that Whatcom County's comprehensive plan did not comply with the Growth Management Act's LAMIRD provisions. The Supreme Court remanded the rural density challenge to the Hearings Board for reconsideration without applying a bright line rule, and ordered Whatcom County to "revise its comprehensive plan to conform to the LAMIRD provision of the Growth Management Act and then apply the statutory criteria to establish appropriate areas of more intensive rural development." (167 Wn.2d 723, 735, 222 P.3d 791) 10. In August, 2009 Whatcom County Amended Whatcom County Code (WCC) Chapter 20.34 Rural Residential - Island District (one of the zones found to be out of GMA compliance in the 2005 Futurewise vs. Whatcom County decision) to change the required minimum lot size from three acres to five acres (Ord. 2009-062). Other Relevant Growth Management Hearings Board Decisions 11. The WWGMHB found existing zoning cannot be a sole criterion for designating LAMIRDs (Wells vs. Whatcom County, Case No. 97-2-0030c, Final Decision and Order, January 16, 1998) 119 Preliminary Draft Rural Element Ordinance March 15, 2011 12. Regarding the term "built environment," the built environment includes those facilities which are manmade, whether they are above or below ground, and the built environment must predominate within a LAMIRD, though it may include limited undeveloped lands. (Anacortes vs. Skagit County, Case No. 00-2-0049c, Final Decision and Order, February 6, 2001) 13. The WWGMHB found the uses a county allows within LAMIRDs designated per RCW 36.70A.070(5)(d)(i) must be consistent with (though not necessarily the same as) the uses as of July 1, 1990, and allowance of a broader range of uses as conditional uses is not compliant with GMA. (Dry Creek Coalition and Futurewise vs. Clallam County, Case No. 07-2-0018c, Final Decision and Order, April 23, 2008) 14. The WWGMHB found Clallam County's Rural Neighborhood Conservation (NC) Overlay (Clallam County Code 33-10-015), which permits rural densities outside LAMIRDs greater than one dwelling per five acres based on a calculation of the density of developed lots within 500 feet of a property, to be compliant with the Growth Management Act. The Board stated, "Because infill allowed by the NC overlay is limited to neighborhoods that have already been substantially developed, this will not lead to the inappropriate conversion of undeveloped lands into sprawling, low -density development..."', a reference to Goal 2 of the GMA. (Dry Creek Coalition and Futurewise v. Clallam County, WWGMHB No. 07-2-0018c, Compliance Order, November 3, 2009, p.10) 15. The WWGMHB has found LAMIRD boundaries that take into account existing water lines (on July 1, 1990) capable of serving more intensive rural uses and densities to be compliant with the Growth Management Act. (1000 Friends of Washington vs. Thurston County, WWGMHB No. 05-2-0002, Compliance Order, November 30, 2007) 16. The Washington State Supreme Court has held that a growth management hearings board cannot base their evaluation of a county's permitted rural densities on a "bright line" rural density of one dwelling per five acres. (Thurston County vs. Western Washington Growth Management Hearings Board, 164 Wn.2d 329, 190 P.3d 38, 2008; and Gold Star Resorts vs. Futurewise and Whatcom County, 167 Wn.2d 723, 735, 222 P.3d 791, December 17, 2009) 17. The WWGMHB found Whatcom County used appropriate Type I LAMIRD criteria to revise its comprehensive plan designation boundary in the Lake Samish area. (Leenstra vs. Whatcom County, WWGMHB Case No. 03-2-0011, Final Decision and Order, September 26, 2003) 18. The WWGMHB found Jefferson County was not clearly erroneous when it designated a LAMIRD adjacent to an urban growth area where the City of Port Townsend had decided it was inappropriate to expand its urban growth area. (People for a Liveable Community, Jim Lindsay, et al. vs. Jefferson County, WWGMHx Case No. 03-2-0009c, Final Decision and Order, August 22, 2003) 11 120 Preliminary Draft Rural Element Ordinance March 15, 2011 Whatcom County Policy 19. Whatcom County's County -wide Planning Policies include policies related to rural lands: a) County -wide Planning Policy B.1 states, "The county shall work with citizens to define a variety of types of rural areas based on the characteristics and needs of different areas." b) County -wide Planning Policy B.2 states, "The county shall discourage urban level development outside Urban Growth Areas and outside of areas currently characterized by a development threshold greater than a rural development density." c) County -wide Planning Policy B.3 states, "Whatcom County shall promote appropriate land uses and allow for infill within rural settlements characterized by existing commercial industrial, and intensive. residential development greater than a rural development density. These areas should be clearly delineated and not expanded beyond logical outer boundaries in accordance with RCW 36.70A.070(5). Impacts on rural character, critical areas and other economic considerations as well as the availability of capital facilities and rural levels of service must be considered before allowing infill in these areas." d) County -wide Planning Policies P.1 and P.2 reflect GMA Planning Goal (6) (RCW 36.70A.020(6), which states private property shall not be taken for public uses without just compensation, and Whatcom County Charter Section 1.11, which states no regulation or ordinance shall be drafted and adopted without consideration of and provisions for compensation to those unduly burdened. 20. Whatcom County amended the Point Roberts Subarea Plan in 2001 (Ord. 2001-073), establishing land use policy for the Point Roberts area. a) The plan contains the following vision statement: "Point Roberts is a small, quiet, diverse and geographically unique American community located in a magnificent natural setting in close proximity to a major Canadian metropolitan area. The Point's unique maritime location and natural environment is its greatest asset and is integral to community character. Point Roberts strives to retain its small town character while promoting focused development that is sustainable and appropriate." (p. 32) b) The plan acknowledges GMA's requirement to designate Urban Growth areas for places that may eventually incorporate, and instead "envisions a non-UGA approach to development in Point Roberts," citing community input favoring non -urban development patterns and unavailability of urban services (p. 36). c) One of the plan's "community planning concepts" is to "cluster new residential development in areas where services can be provided." (p. 33) 5 121 Preliminary Draft Rural Element Ordinance March 15, 2011 d) No petition for Growth Management Hearings Board review of the Point Roberts Subarea Plan was filed within sixty days after publication (RCW 36.70A.290(2)). Whatcom County Affected Areas and LAMIRD Designations 21. Whatcom County Planning and Development Services (PDS) estimated the 2005 Futurewise vs. Whatcom County decision affects approximately 16,000 acres located within a noncompliant land use designation or a noncompliant zoning district. PDS prepared maps of the affected areas, divided into 44 geographic areas and named by locally known place names or by major road names. 22. The areas affected by the 2005 decision comprise approximately 12 percent of Whatcom County's rural lands by parcel acreage; the remaining 88 percent is zoned for densities of one dwelling per five or ten acres. LAMIRDs (Rural Community or Rural Business comprehensive plan designations) are proposed for approximately seven percent of the rural lands. 23. In May 2010, the Foothills Subarea Plan Advisory Committee issued a draft Foothills Subarea Plan. In June 2010, the Whatcom County Planning Commission recommended approval of the Foothills Subarea Plan, which included the following recommendations: a) Deming should be designated as a Rural Center. The existing STC zone should be expanded to include the Mount Baker School and adjacent school district -owned properties. b) The area around the Welcome LAMIRD should be rezoned from R2A to RSA. c) Kendall should have a Rural Center comprehensive plan designation. The existing STC zoning should be largely retained, with a relatively small area on the northern side of the Rural Center being rezoned from STC to RSA. d) Glacier should have a Rural Center comprehensive plan designation. 24. The Point Roberts affected area is situated on a peninsula. It is bounded on the north by the international border with Canada and on all other sides by water. 25. Eliza Island is a 185-acre island surrounded by Bellingham Bay on all sides. 26. According to Deer Creek Water Association records, a 10-inch diameter water line existed on July 1, 1990 in Guide Meridian (SR 539) between the Bellingham UGA and Smith Road, and an 8-inch water line existed in Guide Meridian between Smith Road and a point about 1,800 feet north of Laurel Road. The lines were replaced during the 2007-2009 Guide Meridian widening project with a 16-inch line between the Bellingham UGA and Smith, and a 12-inch line between Smith and Laurel Roads. 27. According to the Glacier Water Association records, a 10-inch water line existed on July 1, 1990 in Mount Baker Highway (SR 542) within the central portion of Glacier and extended east to the Baker Rim and Snowline developments. 6 122 Preliminary Draft Rural Element Ordinance March 15, 2011 28. 32 affected areas contain areas or lots that meet GMA and Comprehensive Plan criteria for LAMIRD designation. 29. In determining the areas to be included within Type I LAMIRD designations, PDS consulted the best available information to verify the built environment on July 1, 1990 (the date on which the GMA took effect for Whatcom County - applied to Type I LAMIRD designations), and other documentation provided by property owners and public utility providers. Based on this data PDS prepared analysis maps for each of the affected areas and published them on the county's internet site. These analysis maps, with the proposed LAMIRD boundaries superimposed, were included in the LAMIRD Report document published on the county's internet site and transmitted to the Planning Commission in advance of its July 9, 2009 public hearing. A revised edition of the LAMIRD Report document, reflecting the Planning Commission's recommendations, was published on November 18, 2009. 30. The 26 areas proposed as LAMIRDs described in RCW 36.70A.070(5)(d)(i) (Type I LAMIRDs) each are delineated by a logical outer boundary based on criteria in Policy 2HH-1(C) and RCW 36.70A.070(5)(d)(iv), generally areas characterized by the built environment and development more intensive than surrounding rural areas on July 1, 1990. 31. The seven areas proposed as LAMIRDs described in RCW 36.70A.070(5)(d)(iii) (Type III LAMIRDs) include lots that meet the criteria of Policy 2HH-3 and RCW 36.70A.070(5)(d)(iii), generally lots or small groups of lots that were characterized by isolated nonresidential development. The county interprets the term "isolated" to apply to small groups of lots containing uses that are isolated from other small groups of lots with similar uses, acknowledging historic development patterns while preventing these uses to expand beyond the LAMIRD to create new patterns of sprawl development. 32. In the Rural and Rural Residential zones, the current minimum permitted lot size of five acres where public water is not available (WCC 20.32.253 and 20.36.253) is retained. 33. The portions of the affected areas proposed to retain a zoning density of one dwelling per two acres (where public water is available) would comprise less than one percent of the rural lands and have an average tax parcel size of less than 2.5 acres. 34. The portions of the affected areas proposed for a base zoning of one dwelling per five acres with a Rural Residential Density Overlay (allowing higher densities based on surrounding existing densities) would comprise less than two percent of the rural lands and have an average tax parcel size of five acres or less. 35. During the most recent ten-year review of Whatcom County's urban growth areas, neither the City of Ferndale nor the City of Bellingham wished to consider any of the proposed LAMIRD areas adjacent to their urban growth area boundaries (including North Bellingham, Fort Bellingham/Marietta, or 7 123 Preliminary Draft Rural Element Ordinance March 15, 2011 Emerald Lake) for inclusion in their urban growth areas. Public Participation 36. Whatcom County's County -wide Planning Policies include policies related to citizen involvement: a) County -wide Planning Policy A.2 states, "The county and the cities shall provide opportunities for citizens to become involved in the growth management planning process through various mechanisms, such as surveys, public workshops, meetings, hearings, and advisory committees." b) County -wide Planning Policy A.4 states, "Citizen comments and viewpoints shall be incorporated into the decision -making process in development of draft plans and regulations. Consideration of citizen comments shall be evident in the decision -making process." 37. At the September 11, 2007 County Council Planning and Development Committee meeting, PDS discussed with the committee the status of the Rural Element Update and the two remaining issues from the September 20,2005 WWGMHB decision (land use designations and rural zoning) that remain to be resolved. 38. At the January 10, 2008 Planning Commission meeting, PDS discussed the status of the Rural Element Update during a work session. PDS announced this meeting in a press release sent to local media outlets on December 31, 2007. 39. In August 2008 PDS hired Makers Architecture Inc. to act as project consultant to assist with the public participation process that would help define the public vision of residential character upon which the Rural Element Update would be based. 40. On September 24, 2008 PDS and project consultants Makers Architecture held meetings with representatives of local stakeholder groups. The purpose of these meetings was to inform them of the County's intention to propose Comprehensive Plan and zoning amendments to comply with the WWGMHB order, to solicit their views on how to make the amendments consistent with the vision of rural character in Whatcom County, and to seek their advice on how to maximize public involvement in the development of the amendments. The stakeholder groups represented at these meetings included community, business, development, agricultural, and environmental organizations, as well as local jurisdictions. 41. In the fall of 2008 PDS established a series of pages on the county's internet site dedicated to information and documents related to the rural element update project, and established a list of e-mail addresses for interested parties who wish to stay informed on the status of the project, including representatives of stakeholder groups and local jurisdictions. The internet site included background information on GMA requirements, contact E 124 Preliminary Draft Rural Element Ordinance March 15, 2011 information for questions and comments, and pages where all related documents and public comments would be posted. The e-mail list began with about 200 addresses of individuals, stakeholder groups, and public agencies that were on notification lists for other county projects, and new addresses were added for parties expressing a desire to receive e-mail notifications on the project. 42. On November 12 and 13, 2008, PDS and consultants held public meetings in Deming, Laurel, and Bellingham to involve the public in establishing a vision of rural character in Whatcom County that would guide the required amendments to WCCP and WCC. These meetings were publicized through an October 31 press release to local media outlets, the County's e-mail list and posting of fliers in various locations throughout rural Whatcom County. A total of about 46 people attended these meetings. 43. On November 13, 2008 PDS and project consultants met with representatives of County Fire Districts and water utilities to inform them of the County's intention to propose Comprehensive Plan and zoning amendments to comply with the WWGMHB order, to solicit their comments. A meeting with School District representatives was scheduled but no representatives attended. 44. Between November 12 and December 8, 2008 PDS conducted a non -scientific survey via an internet questionnaire seeking public input on rural character. PDS received and tabulated about 240 responses. 38% of respondents considered a rural lot size to be five acres or larger. Another 34% considered a rural lot size to be 10, 20, or 40 acres or more, while 28% considered one or two acres to be a rural lot size. Fifty-eight percent of respondents said that development in the rural areas in the last 10 years has been "too much" while 28% said it was "about right" and 7% said it was "too little." 45. At the December 11, 2008 Planning Commission meeting, PDS discussed the status of the Rural Element Update and the outcome of the November 2008 public meetings and survey during a work session. PDS announced this meeting in a press release sent to local media outlets on December 2, 2008. 46. On February 18, 2009 PDS mailed postcards to owners of all parcels in the areas affected by the 2005 WWGNIHB decision, a total of approximately 17,500 cards. For this mailing PDS created a list of owners of record and their mailing addresses from the most current Whatcom County Assessor's property records. The postcards informed property owners their land may be affected by proposed amendments, notified them of public meetings scheduled for March 3 and 4, 2009, and gave the phone number for PDS and the URL address of the county internet site where they could obtain further information. 47. On February 27, 2009 PDS published on its internet site and distributed via e-mail list materials to be discussed at the March 3 and 4, 2009 public meetings, including an outline of proposed policies, proposed LAMIRD criteria, and a map showing the general location of proposed LAMIRDs. C 125 Preliminary Draft Rural Element Ordinance March 15, 2011 48. On March 3 and 4, 2009 PDS and project consultants held public meetings in Laurel, Birch Bay, Rome Grange, and Bellingham to present and seek public comment on proposed policy concepts developed by PDS and project consultants based on comment received at the November 2008 public meetings. A total of about 350 people attended these meetings. Participants were asked to fill out comment cards and respond to questions regarding policy concepts. 81% of respondents agreed ("strongly" or "somewhat") with designating existing small towns and crossroad commercial areas as Rural Centers, where existing zoning may remain in place within a LAMIRD boundary. 61% agreed with designating commercial and tourist LAMIRDs subject to spacing requirements, while 20% were neutral and 17% disagreed. 49. At the March 19, 2009 meeting of the Citizens Transportation Action Group, PDS presented information on the Rural Element Update and sought participation by members of that group. 50. On March 26, 2009 PDS published on its internet site and distributed via e- mail list materials for the Public Hearing at the April 16, 2009 Planning Commission public hearing. The materials included a memorandum from PDS outlining ten policy questions for discussion and Planning Commission direction, and revised proposed criteria for LAMIRD designation and boundaries. 51. On April 16, 2009 the Whatcom County Planning Commission held a public hearing on the rural element update project, focusing on the policy questions prepared by PDS. PDS announced this meeting in a press release sent to local media outlets on April 7, 2009, and staff sent a reminder of the meeting via e-mail list on April 10. Notice of the public hearing was advertised in the Bellingham Herald on April 6, 2009. Fifteen people spoke at the hearing. 52. At its April 23, 2009 meeting the Whatcom County Planning Commission held an open work session to deliberate on the policy issues prepared by PDS for the April 16 public hearing, and gave staff direction on these issues. PDS announced this meeting in a press release sent to local media outlets on April 16, 2009. 53. At the April 28, 2009 County Council Planning and Development Committee meeting, PDS discussed with the committee the status of the Rural Element Update, focusing on the policy issues discussed by the Planning Commission on April 23. 54. On May 1, 2009 the SEPA official issued a Determination of Non -Significance for the Rural Element Update. No comments were received within the 14- day comment period. 55. On May 7, 2009 PDS published on its internet site and distributed via e-mail list materials for the May 14, 2009 Planning Commission work session. The materials included a memorandum from PDS outlining additional policy questions related to LAMIRD criteria. 56. At its May 14, 2009 meeting the Whatcom County Planning Commission held 10 126 Preliminary Draft Rural Element Ordinance March 15, 2011 an open work session to discuss the additional policy questions posed by PDS and give direction. PDS announced this meeting in a press release sent to local media outlets on May 6, 2009. 57. On June 23, 2009 PDS sent notification and draft amendments via e-mail to the Department of Commerce (formerly CTED), per the requirements of RCW 36.70A.106, and received an acknowledgement letter via e-mail from the department on June 24, 2009. 58. On June 23, 2009 PDS published on its internet site and distributed via e- mail list its first draft of proposed amendments to the Comprehensive Plan (text and maps), zoning code, and zoning maps. The mailing also announced the upcoming public meetings scheduled for June 30 and July 1, 2009, and the July 9, 2009 Planning Commission public hearing. 59. On June 30 and July 1, 2009 PDS and project consultants held public meetings in Blaine, Deming, Laurel, and Bellingham to present and answer questions on its first draft of proposed amendments to the Comprehensive Plan, zoning code, and zoning maps. A total of about 90 people attended these meetings. 60. On July 9, 2009 the Whatcom County Planning Commission held a public hearing on the rural element update project, hearing public testimony on the first draft of the proposed amendments to the Comprehensive Plan, zoning code, and zoning maps. PDS announced this meeting in a press release sent to local media outlets on June 29, 2009. Notice of the public hearing was advertised in the Bellingham Herald on June 28, 2009. Forty-two people spoke at the hearing. 61. On July 17, 2009 PDS published on its internet site and distributed via e-mail list materials for the July 23 Planning Commission work session, including a PDS memorandum summarizing major themes of public comments on the first draft of the proposed amendments, a memorandum from the Planning Commission chair outlining Whatcom County's history of GMA noncompliance, and an index of public comments sorted by geographic area for the Planning Commission's reference. 62. At its July 23, 2009 meeting the Whatcom County Planning Commission held an open work session to discuss the public comments on the first draft and discuss revisions that may address those comments. PDS announced this meeting in a press release sent to local media outlets on July 14, 2009. 63. On August 7, 2009 PDS published on its internet site and distributed via e- mail list suggested revisions to the first draft, to be discussed at the August 13, 2009 Planning Commission work session. 64. At its August 13, 2009 meeting the Whatcom County Planning Commission held an open work session to discuss the suggested revisions to the first draft. PDS announced this meeting in a press release sent to local media outlets on August 4, 2009. In this session the Planning Commission decided to hold an additional public hearing, on September 8, 2009, to provide an opportunity for the public to review and comment on a revised draft. 11 127 Preliminary Draft Rural Element Ordinance March 15, 2011 65. On August 21, 2009 PDS published on its internet site and distributed via e- mail list a revised draft of the proposed amendments based on the suggested revisions discussed at the August 13, 2009 Planning Commission work session. That message also announced the September 8, 2009 public hearing. 66. On September 8, 2009 the Whatcom County Planning Commission held an additional public hearing on the rural element update project, hearing public testimony on the revised draft of the proposed amendments to the Comprehensive Plan, zoning code, and zoning maps. Notice of the public hearing was advertised in the Bellingham Herald on August 28, 2009. PDS announced this meeting in a press release sent to local media outlets on August 31, 2009. 58 people spoke at the hearing. 67. At its September 10, 2009 meeting the Whatcom County Planning Commission held an open work session to deliberate on the revised draft and the public comments received regarding that draft. PDS announced this meeting in a press release sent to local media outlets on August 31, 2009. 68. At its September 22, 2009 meeting the Whatcom County Planning Commission held an open work session to continue its deliberation on the revised draft and the public comments received regarding that draft. PDS announced this meeting in a press release sent to local media outlets on September 17, 2009. 69. At its October 8, 2009 meeting, the Whatcom County Planning Commission held an open work session to vote on its final recommendation and findings. The recommendation and findings were transmitted to the County Council on October 22, 2009 and were posted on the county web site. 70. The Planning Commission held three public hearings and seven open work sessions on the Rural Element Update process. PDS facilitated 12 public meetings in several locations throughout the county, at critical stages in the development of the proposed amendments. 71. The Whatcom County Council's Planning and Development Committee and Committee of the Whole held open work sessions on January 26, March 30, April 13, April 27, May 11, May 25, June 8, June 22, July 13, September 14, September 28, October 12, November 9, November 23, and December 7, 2010; and January 11, January 25, February 8, February 15, February 17, February 22, February 25, March 1, March 4, March 14, and March 15, 2011. The County Council held public hearings on March 9, and March 29, 2011. Each session was announced via e-mail mailing list. 72. The Bellingham Herald published articles about the Rural Element Update on November 12, December 4, December 10, December 11, 2008, and on February 28, March 4, June 28, July 22, August 12, August 29, September 4, and September 20, 2009; January 21, January 27, July 22, September 13, October 20, October 28, December 10, and December 27, 2010; and January 5, January 13, March 7, March 10, and March 15, 2011. The Rural Element Update was the subject of the KGMI radio program, "Radio Real Estate" on July 18, 2009. 12 128 Preliminary Draft Rural Element Ordinance March 15, 2011 CONCLUSIONS 1. The proposed amendments are consistent with the goals and requirements of the Washington Growth Management Act (GMA) and are in the public interest. 2. The rural element of the Comprehensive Plan and the county development regulations, as amended, harmonize the GMA planning goals in RCW 36.70A.020. a. Comprehensive Plan policies guiding growth within rural land use designations (Goals 2GG, 233, 2KK, 2LL), and development regulations reflecting rural uses and densities outside LAMIRDs and limited more intensive uses and densities within LAMIRDs (the amendments to Whatcom County Code Title 20 Zoning), and amendments to the official zoning map, are consistent with GMA goal (2), to reduce the inappropriate conversion of undeveloped land into sprawling, low -density development. b. Comprehensive Plan policies encouraging employment opportunities in rural parts of Whatcom County (Goal 2FF) and permitting limited infill development of businesses within LAMIRDs (Policies 2JJ-1, 2JJ-4, 233-6, 2KK-1, 2LL-2, 2LL-2, and 2LL-3) are consistent with GMA Goal (3), to encourage economic development. c. No provision of the Comprehensive Plan, the development regulations, or the proposed amendments, takes private property for public use, consistent with GMA Goal (6), which states private property shall not be taken for public use without just compensation, and property rights shall be protected from arbitrary and discriminatory actions. d. Development regulations requiring setbacks from resource uses (in WCC Chapters 20.59, 20.60, 20.61, 20.63, 20.64, 20.67, 20.69, and 20.80) are consistent with GMA Goal (8), to maintain and enhance natural resource based industries and to discourage incompatible uses. e. Comprehensive Plan policies to ensure adequate wells and on -site sewage and septic systems (Policies 2EE-5 and 2EE-6) and development regulations that require minimum lot size of five acres where public water is unavailable (WCC 20.32.253 and 20.36.253) are consistent with GMA Planning Goal (10), to protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. f. The public process through which the amendments were written allowed considerable opportunity for community participation from the early conceptual level to the draft stage, consistent with GMA Planning Goal (11), to encourage the involvement of citizens in the planning process. 3. The rural element of the Comprehensive Plan and the county development regulations, as amended, meet the requirements of the Growth Management Act, RCW 36.70A. a. Comprehensive Plan policies concerning retention of rural character (Goal 13 129 Preliminary Draft Rural Element Ordinance March 15, 2011 2DD) and supporting development patterns and service provision policies that prevent sprawl and contain growth (Goal 2EE, 2GG, 211, 2KK, 2LL), and the development regulations that implement those policies, are consistent with RCW 36.70A.070(5)(c), which requires the rural element to include measures that protect the rural character by containing and controlling rural development, assuring visual compatibility with the surrounding rural area, and reducing the inappropriate conversion of undeveloped land into sprawling, low -density development in the rural area. b. Comprehensive Plan policies describing rural land use designations and rural services (Goals 2EE, 2GG, 211, 2KK, 2LL), and the development regulations that implement those policies, are consistent with RCW 36.70A.070(5)(b), which requires the rural element to provide for a variety of rural densities, uses, essential public facilities and rural governmental services. c. The allowance of rural densities greater than one dwelling per five acres in areas where those densities have been established is not inconsistent with any provision of GMA, and is consistent with the GI1IA requirement to provide a variety of rural densities. Allowance of such densities where they are already established (and prohibiting the expansion of those densities into adjacent rural areas) does not create a pattern of land use that degrades the established rural character of these areas per the GMA definition of rural character (RCW 36.70A.030.15). d. Comprehensive Plan policies describing land use designations that serve as LAMIRDs, and establishing criteria for designating and drawing the boundaries for those areas (Goals 2HH, 211, 2KK, and 2LL), are consistent with and the development regulations that implement those policies, are consistent with RCW 36.70A.070(5)(d), which states the rural element may allow for LAMIRDs, and must contain measures to minimize and contain those areas. e. Water lines existing on July 1, 1990 and sized to serve more intensive uses are part of the 1990 built environment described in RCW 36.70A.070(5)(d)(iv) for purposes of designating a Type I LAMIRD, per the WWGMHB decision in 1000 Friends of Washington vs. Thurston County, WWGMHB No. 05-2-0002, Compliance Order, November 30, 2007 f. Comprehensive Plan Map 8 shows LAMIRD designations consistent with GMA requirements in RCW 36.70A.070(5)(d), with growth management hearings board decisions pertaining to that section of GMA, and with Comprehensive Plan policies that establish LAIVIIRD designation and boundary criteria (Goal 2HH). g. Comprehensive Plan policies and development regulations establishing the Rural Residential Density Overlay represent an innovative zoning technique, consistent with RCW 36.70A.070(5)(b), that will accommodate appropriate rural densities where rural densities greater than one dwelling per five acres have been established. 14 130 Preliminary Draft Rural Element Ordinance March 15, 2011 h. The County has evaluated the Comprehensive Plan and development regulation amendments to ensure that they do not result in an unconstitutional taking of private property, per RCW 36.70A.370. 4. The County's Type I LAMIRD designations (Rural Community designations) are contained within logical outer boundaries delineated predominantly by the built environment on July 1, 1990, consistent with the provisions of RCW 36.70A.070(5)(d)(iv). Where LAMIRD boundaries follow pre-existing zoning boundaries, those boundaries generally reflect an effort to contain more intensive uses within areas characterized by more intensive uses on July 1, 1990 without altering the boundary to create an abnormally irregular boundary or expanding the area to follow a physical feature. a. Acme: Establishing the designation boundary to include the small town's commercial and residential development existing in 1990, along with some undeveloped parcels within the area, follows physical features (SR 9 and the South Fork of the Nooksack River), preserves the character of the existing natural neighborhood, and avoids an abnormally irregular boundary. b. Birch Bay-Lynden & Valley View: Establishing the designation boundary to include the parcels characterized by the built environment in 1990 and the parcel to the south follows physical features (Birch Bay-Lynden Road and Valley View Road), and avoids an abnormally irregular boundary. c. Cain Lake: While the majority of the platted lots had yet to be developed individually in 1990, roads and utilities had been installed within the subdivision. Establishing the designation boundary to include the entire subdivision preserves the character of the existing natural neighborhood, follows physical features (Cain Lake Road and Camp 2 Road), and avoids an abnormally irregular boundary. d. Custer: Establishing the designation boundary to include the small town's commercial and residential development existing in 1990, along with some undeveloped parcels within the area, follows physical features (Custer School Road, Bruce Road, and the BNSF railway), preserves the character of the existing natural neighborhood, and avoids an abnormally irregular boundary. e. Deming: Establishing the designation boundary to include the small town's commercial and residential development existing in 1990, along with some undeveloped parcels within the area, follows physical features (SR 542 and Deming Road), preserves the character of the existing natural neighborhood and avoids an abnormally irregular boundary. Diablo: Establishing the designation boundary to include the entire Seattle City Light property preserves the character of the existing natural neighborhood and avoids an abnormally irregular boundary. g. Eliza Island: While the majority of the platted lots had yet to be developed individually in 1990, roads and utilities had been installed within the subdivision. Establishing the designation boundary to include 15 131 Preliminary Draft Rural Element Ordinance March 15, 2011 the entire subdivision preserves the character of the existing natural neighborhood and follows a physical boundary (the Bellingham Bay shoreline). h. Emerald Lake: While the majority of the platted lots in the Emerald Lake subdivision had yet to be developed individually in 1990, roads and utilities had been installed. Establishing the designation boundary to include the entire subdivision and adjacent lands to the south preserves the character of the existing natural neighborhood and avoids an abnormally irregular boundary. i. Fort Bellingham/Marietta: Establishing the designation boundary to include the area characterized by more intensive development in 1990 preserves the character of the existing natural neighborhood, follows physical features (Hoff Road, Country Lane, )ones Road, Silver Creek/Nooksack River floodway and Bellingham Bay shoreline), and avoids an abnormally irregular boundary. j. Glacier: The 1990 built environment includes large -diameter water lines east and west of the central commercial area. Establishing the designation boundary to include the, small town's commercial and residential development existing in 1990, along with some undeveloped parcels within the area, follows physical features (SR 542, North Fork of the Nooksack River and Glacier Creek), and preserves the character of the existing natural neighborhood. k. Hinotes Corner: Establishing the designation boundary to include the area characterized by more intensive development in 1990, including large - diameter water lines, preserves the character of the existing natural neighborhood and avoids an abnormally irregular boundary. I. Kendall: Establishing the designation boundary to include the area characterized by more intensive development in 1990 follows physical features (the elementary school, the curve in Kendall Road, and a private road to the east), preserves the character of the existing natural neighborhood and avoids an abnormally irregular boundary. m. Lake Samish: Establishing the designation boundary to include the pattern of small parcels surrounding the lake that were characterized by development in 1990 preserves the character of the existing natural neighborhood and avoids an abnormally irregular boundary. n. Laurel: Establishing the designation boundary to include the parcels characterized by more intensive development in 1990 preserves the character of the existing natural neighborhood, avoids an abnormally irregular boundary, and is consistent with the efficient provision of water service as via the large diameter water line that existed along Guide Meridian in 1990. o. Lurnrni Peninsula: Establishing the designation boundary to include the area characterized by more intensive development in 1990 preserves the character of the existing natural neighborhood, follows physical features 16 132 Preliminary Draft Rural Element Ordinance March 15, 2011 (Lummi Bay shoreline and Haxton Road), and avoids an abnormally irregular boundary. p. Maple Falls: Establishing the designation boundary to include the small town's commercial and residential development exising in 1990, along with some undeveloped parcels within the area, follows physical features (Silver Lake Road), preserves the character of the existing natural neighborhood, and avoids an abnormally irregular boundary. q. Newhalem: Establishing the designation boundary to include the portion of the Seattle City Light property containing more intensive uses preserves the character of the existing natural neighborhood and avoids an abnormally irregular boundary. r. North Bellingham: Establishing the designation boundary to include the area characterized by more intensive development in 1990 preserves the character of the existing natural neighborhood, follows physical features (Smith Road, Paradise Road, Tenmile Creek, and avoids an abnormally irregular boundary. s. Nugents Corner: Establishing the designation boundary to include the area characterized by more intensive development in 1990 preserves the character of the existing natural neighborhood and avoids an abnormally irregular boundary. t. Point Roberts: While the majority of the parcels had yet to be developed individually in 1990, roads and utilities had been installed throughout the area. Establishing the designation boundary to include the entire peninsula preserves the character of the existing natural neighborhood and follows a physical boundary (the international boundary and the Boundary Bay shoreline). u. Pole & Guide Meridian: Establishing the designation boundary to include the area characterized by more intensive development in 1990 preserves the character of the existing natural neighborhood and avoids an abnormally irregular boundary. v. Sandy Point / Sandy Point Heights: While the majority of the platted lots had yet to be developed individually in 1990, roads and utilities had been installed within the subdivisions. Establishing the designation boundary to include the area characterized by more intensive development in 1990 preserves the character of the existing natural neighborhood , follows physical features (Georgia Strait and Lummi Bay shoreline), and avoids an abnormally irregular boundary. w. Smith & Guide Meridian: Establishing the designation boundary to include the parcels and portions of parcels characterized by more intensive development in 1990 preserves the character of the existing natural neighborhood, avoids an abnormally irregular boundary, and is consistent with the efficient provision of water service as via the large diameter water line that existed along Guide Meridian in 1990. x. Sudden Valley: While the majority of the platted lots had yet to be 17 133 Preliminary Draft Rural Element Ordinance March 15, 2011 developed individually in 1990, roads and utilities had been installed within the subdivisions. Establishing the designation boundary to include the area characterized by more intensive development in 1990 preserves the character of the existing natural neighborhood, follows physical features (Lake Whatcom Boulevard and Lake Whatcom shoreline), and avoids an abnormally irregular boundary. y. Van Wyck: Establishing the designation boundary to include the area characterized by more intensive development in 1990 preserves the character of the existing natural neighborhood, follows physical features (SR 542 and Van Wyck Road) and avoids an abnormally irregular boundary. z. Wiser Lake: Establishing the designation boundary to include the area characterized by more intensive development in 1990 preserves the character of the existing natural neighborhood, follows physical features (Bartlett Road and Wiser Lake Road), and avoids an abnormally irregular boundary. 5. The County's Type III LAMIRD designations (Rural Business designations) are consistent with the provisions of RCW 36.70A.070(5)(d)(iii) a. Birch Bay-Lynden & I-5: This designation includes a group of lots containing nonresidential uses. This area, developed largely after 1990 and containing uses of varied size, is isolated from other areas of nonresidential uses. b. Blue Canyon, North Lake Samish & I-5, and Van Zandt: These designations include lots containing isolated nonresidential uses. c. Guide Meridian Border Crossing, Slater & Elder, and Welcome: These designations each include a small group of lots containing nonresidential uses that are isolated From other nonresidential uses. 6. The rural element of the Comprehensive Plan and the county development regulations, as amended, are consistent with the goals and policies of the Whatcom County County -wide Planning policies. a. The public process through which the amendments were written allowed considerable opportunity for community participation from the early conceptual level to the draft stage, consistent with County -wide Planning Policies A.2 and AA, which support providing opportunities for citizens to become involved in the growth management planning process, and incorporating citizens' comments and viewpoints into the decision -making process, and with County -wide Planning Policy B.1, which supports the county working with citizens to define a variety of types of rural areas. b. Comprehensive Plan policies supporting prevention of sprawl and containment of growth in rural areas (Goal 2DD), and describing rural land use designations (Goals 2GG, 2KK, 2LL), and the development regulations that implement those policies, are consistent with County- wide Planning Policy B.2, which discourages urban level development outside urban growth areas and outside of areas currently characterized by a development threshold greater than a rural development density. go 134 Preliminary Draft Rural Element Ordinance March 15, 2011 c. Comprehensive Plan policies designating limited areas of more intensive rural development (LAMIRDs) (Goals 2HH, 211, 2KK, 2LL) are consistent with County -wide Planning B.3, to promote appropriate land uses and allow for infill within rural settlements characterized by existing commercial, industrial, and intensive residential development greater than a rural density, which should be clearly delineated and not expanded upon logical outer boundaries. 7. Whatcom County is proposing no action that would take property for public use or unduly burden a property owner by leaving him or her without a reasonable use of his or her property, or otherwise deprive him or her of constitutional rights. This is consistent with Whatcom County Charter Section 1.11, which states, "The rights of the individual citizen shall be guaranteed under the Constitutions of the United States and the State of Washington. No regulation or ordinance shall be drafted and adopted without consideration of and provisions for compensation to those unduly burdened." NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County Comprehensive Plan is hereby amended as shown on Exhibit A. Section 2. The Whatcom County Official Zoning Code is hereby amended as shown on Exhibit B. Section 3. The Whatcom County Official Zoning Map is hereby amended as shown in Exhibit C. 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 ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor lut 2011. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Chairman ( ) Approved( ) Denied Pete Kremen, Executive Date: 135 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 Special Committee Of The Whole March 15, 2011 CALL TO ORDER Council Chair Sam Crawford called the meeting to order at 11:22 a.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL (11:22:16 AM) Present: Barbara Brenner, Sam Crawford, Carl Weimer, Kathy Kershner, Bill Knutzen, Ken Mann and Tony Larson. Absent: None. COMMITTEE DISCUSSION 1. 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 RELATED TO RURAL LAND USE PLANNING (AB2010-072A) Roxanne Michael, Planning and Development Services Department, stated she spoke with Executive Kremen, who supports the Committee's changes made yesterday to Governor's Point. She described the consequences of not becoming compliant with the Growth Management Act (GMA). After adopted, the staff could do a building size analysis to make changes in the future. (11: 30: 50 AM) Maximum Building Size Crawford moved to amend the rural industrial manufacturing (RIM) zone in Whatcom County Code (WCC) section 20.69.301, "Except as otherwise specifically allowed within this chapter, maximum allowable building floor area in Rural Community (Type I LAMIRDs) shall not exceed 39,098 12,000 square feet per building. In Rural Business areas (Type III LAMIRDs) maximum allowable building floor area shall not exceed 20,000 square feet per building; however, larger buildings are allowed subject to the Administrative Approval process specified in WCC 20.84.235." Crawford asked and there was discussion of: • Comparing the size of school buildings. • Using grocery stores such as Dodson's IGA to justify building size. The following staff answered questions: • Gary Davis, Planning and Development Services Department Special Committee of the Whole - Rural Element, 3/15/2011, Page 1 136 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. Nick Smith, Planning and Development Services Department The motion failed by the following vote: Ayes: Crawford and Mann (2) Nays: Brenner, Kershner, Knutzen and Larson (4) Absent: Weimer (1) Brenner moved to amend the RIM zone, WCC 20.69.301, 'Except as otherwise specifically allowed within this chapter, maximum allowable building floor area in Rural Community (Type I LAMIRDs) and in Rural Business areas (Type III LAMIRDs) shall not exceed 30,000 20,000 square feet per building. However, larger buildings are allowed subject to the Administrative Approval process specified in WCC 20.84.235." The motion failed by the following vote: Ayes: Brenner, Crawford and Mann (3) Nays: Kershner, Knutzen and Larson (3) Absent: Weimer (1) Kershner moved to amend the Neighborhood Commercial (NC) zone, WCC 20.60.301, "Unless located in a Rural Business or Rural Tourism designation, maximum allowable floor area shall not ...." Brenner asked and there was discussion of whether type II and type III have the same character. Crawford asked and there was discussion of: • Whether they are designating any neighborhood commercial zoning in a type III LAMIRD right now. • The purpose of neighborhood commercial areas in terms of no maximum building size. Kershner withdrew her motion. She moved to amend the rural general commercial (RGC) zone, WCC 20.59.321, "Unless located in a Rural Business or Rural Tourism designation, and except as otherwise specifically allowed in this chapter, maximum allowable floor area shall not exceed 30,000 square feet. Mann asked and there was discussion of: • Lot coverage in the RGC zone. • Whether this code is more permissive than the regulations for urban growth areas (UGAs). The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen and Larson (5) Nays: Weimer (1) Abstain: Mann (1) Brenner moved to amend the RGC zone, WCC 20.59.321, "Unless located in a Rural Business or Rural Tourism designation, and except as otherwise specifically allowed in this chapter, maximum allowable floor area shall not exceed 30,000 square feet. The legislature finds that rural counties must have the flexibility to retain existing businesses and allow Special Committee of the Whole - Rural Element, 3/15/2011, Page 2 137 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. them to expand." When the State adopted the Growth Management Act (GMA), it promised the cities and counties there would be some type of cost share. That hasn't happened. The County is giving up the way the County is funded. The Committee discussed the appropriate section of the Code or Comprehensive Plan for this language. The motion carried by the following vote: Ayes: Brenner, Mann, Kershner and Larson (4) Nays: Crawford, Knutzen and Weimer (3) Brenner moved to include language at the end of 20.59.010, "To retain and enhance the job base in rural areas, the county must have the flexibility to retain existing businesses and allow them to expand, as per RCW 36.70A.011." The motion carried by the following vote: Ayes: Brenner, Knutzen, Mann and Larson (4) Nays: Crawford and Kershner (2) Absent: Weimer (1) Crawford moved to reconsider Councilmember Brenner's motion to amend WCC 20.59.321. The motion to reconsider carried by the following vote: Ayes: Crawford, Kershner, Knutzen, Mann and Larson (5) Nays: None (0) Abstains: Brenner (1) Absent: Weimer (1) Crawford restated Brenner's motion to amend the RGC zone, WCC 20.59.321, "Unless located in a Rural Business or Rural Tourism designation, and except as otherwise specifically allowed in this chapter, maximum allowable floor area shall not exceed 30,000 square feet. The legislature finds that to retain and enhance the job base in rural areas rural counties must have the flexibility to retain existing business and the ability to expand." The motion failed by the following vote: Ayes: Brenner (1) Nays: Crawford, Kershner, Knutzen, Mann and Larson (5) Absent: Weimer (1) Kershner moved to amend the small town commercial (STC) zone, WCC 20.61.320, "Unless located in a Rural Business eF Rural TebiFisnq designation, and except as otherwise specifically allowed in Section 20.61.204, maximum allowable building footprint floor area shall not exceed 30,000 square feet." The Committee discussed the purpose of the small town commercial zone. Crawford asked and there was discussion of whether they have any STC zone in a type III LAMIRD. Special Committee of the Whole - Rural Element, 3/15/2011, Page 3 138 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. Crawford suggested a friendly amendment to remove the words "or Rural Tourism." Kershner accepted the friendly amendment. The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen and Larson (5) Nays: None (0) Abstain: Mann (1) Absent: Weimer (1) (12:24: 07 PM) There was discussion regarding the building size of the Sudden Valley Barn. Brenner moved to include language at the end of 20.61.010, "To retain and enhance the job base in rural areas, the county must have the flexibility to retain existing business and allow them to expand, as per RCW 36.70A.011." The motion carried by the following vote: Ayes: Brenner, Kershner, Knutzen and Larson (4) Nays: Crawford (1) Absent: Mann (out of the room) and Weimer (2) Kershner moved to amend the GM zone, WCC 20.67.300, 'Unless located in a Rural Business designation, maximum allowable floor area shall not exceed 30,000 square feet." The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen and Larson (5) Nays: None(0) Absent: Mann (out of the room) and Weimer (2) Brenner moved to include language at the end of 20.67.010, "To retain and enhance the job base in rural areas, the county must have the flexibility to retain existing businesses and allow them to expand, as per RCW 36.70A.011." The motion carried by the following vote: Ayes: Brenner, Kershner, Knutzen and Larson (4) Nays: Crawford (1) Absent: Mann (out of the room) and Weimer (2) Kershner moved to amend the RIM zone, WCC 20.69.301, "Unless located in a Rural Business designation, and except as otherwise specifically allowed within this chapter, maximum allowable building floor area shall not exceed 30,000 square feet." The motion carried by the following vote: Ayes: Brenner, Kershner, Knutzen and Larson (4) Nays: Crawford (1) Absent: Mann (out of the room) and Weimer (2) Special Committee of the Whole - Rural Element, 3/15/2011, Page 4 139 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 include language at the end of 20.69.010, "To retain and enhance the job base in rural areas, the county must have the flexibility to retain existing business and allow them to expand, as per RCW 36.70A.011." The motion carried by the following vote: Ayes: Brenner, Kershner, Knutzen and Larson (4) Nays: Crawford (1) Absent: Mann (out of the room) and Weimer (2) Kershner moved to amend WCC 20.60.706, "Proposed new uses in diStFiEtS '^^,}^�' eutside urban gFOwth areas Neighborhood Commercial districts located within a Rural Community designation will be consistent with the size, scale, use, or intensity of existing uses." Crawford asked and there was discussion of not having any limits on neighborhood commercial in a type III LAMIRD. The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Larson (6) Nays: None(0) Absent: Weimer (1) Kershner moved to amend WCC 20.61.701, "Design of the proposed use in the small town commercial zone district shall be consistent with the scale and intensity Of the existing uses On the aFea and consistent with the Comprehensive Plan rural land use chapter." Brenner asked and there was discussion of: • Language consistency. • Unnecessarily burdening an STC zone in a type III LAMIRD. Crawford asked and there was discussion of whether there is an STC zone in a type III LAMIRD. Kershner withdrew her motion. She moved to amend WCC 20.61.757, "Proposed new uses in Small Town Commercial districts located within a Rural Community designation will be consistent with the size, scale, use, or intensity of existing uses." The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Mann and Larson (5) Nays: None(0) Absent: Knutzen (out of the room) and Weimer (2) Kershner moved to amend WCC 20.63.705, "Proposed new uses in Tourist Commercial Zone districts located within a Rural Community designation will be consistent with the size, scale, use, or intensity of existing uses." Crawford asked and there was discussion of: • Whether there is a Tourist Commercial (TC) zone in type I LAMIRDs. Special Committee of the Whole - Rural Element, 3/15/2011, Page 5 140 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. Whether there are opportunities to create new type I LAMIRDs in the future. The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Mann and Larson (5) Nays: None (0) Absent: Knutzen (out of the room) and Weimer (2) Kershner moved to amend the second paragraph of WCC 20.63.651, "if leec cec within a Rural GemrnHnity Designation, Didesign of a proposed use in the Tourist Commercial Zone District outside of urban growth areas shall e-een stenAwith the Seale and intensity ef the existing uses in the aFea ard shall be consistent with the Comprehensive Plan rural land use chapter." The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Larson (6) Nays: None (0) Absent: Weimer (1) Kershner moved to amend WCC 20.64.651, 'Design of a proposed use in the resort commercial Zone District outside of Urban Growth Areas shall be eensmstent w0th the ,.,.,,� and intensity ef the existing uses On the aFea and consistent with the Comprehensive Plan rural land use chapter." Crawford asked and there was discussion of: • The location of resort commercial (RC) zones in LAMIRDs. • Whether staff review of applications includes the Comprehensive Plan. The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Mann and Larson (5) Nays: None (0) Absent: Knutzen (out of the room) and Weimer (2) Kershner moved to amend WCC 20.64.708, "Proposed new uses outside Of Urban Grewth Areas in Resort Commercial Zone districts located within a Rural Community designation will be consistent with the size, scale, use, or intensity of existing uses." The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Larson (6) Nays: None (0) Absent: Weimer (1) Kershner moved to amend WCC 20.69.651, "Design of a proposed use ... Zone District shall be eenswstent with the seale and intensity ef the existing uses On the area and consistent with the Comprehensive Plan rural land use chapter." The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Larson (6) Nays: None (0) Absent: Weimer (1) Special Committee of the Whole - Rural Element, 3/15/2011, Page 6 141 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. Kershner moved to amend WCC 20.84.220(3), "If located in a rural area (as designated in the Comprehensive Plan), will be consistent with rural chaFaeteF land use policies as designated in the Rural Lands Element of the Comprehensive Plan." The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Larson (6) Nays: None(0) Absent: Weimer (1) Kershner moved to amend WCC 20.67.500, "15 10 percent." Crawford asked and the Committee discussed the issue of lot coverage standards. (1:11:42 PM) The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen and Larson (5) Nays: Mann (1) Absent: Weimer (1) Kershner moved to delete WCC 20.67.450. Crawford asked and the Committee discussed the issue of lot coverage requirements. The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Larson (6) Nays: None (0) Absent: Weimer (1) Kershner moved to add a new section WCC 20.36.100, "To include stormwater treatment and detention facilities and sewage treatment facilities for outright permitted or conditional uses located on -site or on adjacent parcels with the permission of the property owner." The Committee discussed the motion and the issues of: • The implication of allowing stormwater facilities to cross into different zones. • Docketing a review of this issue to work out the issues. Kershner withdrew her motion and moved to delete WCC 20.69.154 and to move this use from conditional use to permitted use, "20.69.077 Repair, service and towing services for motor vehicles provided the use or uses are not expected to generate significantly more traffic than that which would ordinarily be expected by an industrial use of comparable intensity." The motion includes adding towing services. The Committee discussed the issue of: • Whether this item is currently a conditional use. • Public input. • Including towing services. • The reason this use is conditional. Special Committee of the Whole - Rural Element, 3/15/2011, Page 7 142 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. Addressing this issue through another process. The motion failed by the following vote: Ayes: Kershner, Knutzen and Larson (3) Nays: Brenner, Crawford and Mann (3) Absent: Weimer (1) Simi Jain, Caitac Representative, asked the Council to clarify during which cycle it will docket the changes discussed. Crawford stated put the issues of clustering and stormwater facilities on adjacent properties through a docketing process. Michaels stated they will have to docket new issues separate from tonight's docket process, but the Council can bring up a docket item any time. Kershner moved to amend the Laurel Map to rezone the Meridian School agricultural property to R5A. The Committee discussed the 100,000 agricultural land threshold and the GMA not allowing resource lands in a LAMIRD. Karen Frakes, Prosecutor's Office, stated she advises not affecting agricultural land like this. A process is required to de -designate the land from being a resource land. The motion failed by the following vote: Ayes: Kershner and Knutzen (2) Nays: Brenner, Crawford, Mann and Larson (4) Absent: Weimer (1) Kershner moved to amend the Smith and Guide Meridian Map to include the whole split zoned parcel on the south of Smith Road and the east side of the Guide Meridian as well as the two parcels to the north side of Smith Road and zone the properties RGC, to join a split -zoned parcel and to prevent an irregular boundary. Brenner asked and the Committee discussed the issue of: • The total acreage. • Whether there is evidence of a built environment in 1990. • Current zoning in the area. Jack Swanson, attorney, stated there is a 10-inch water line from the Deer Creek Water Association. Kershner amended her motion and moved to amend the Smith and Guide Meridian Map to include the whole split zoned parcel on the south of Smith Road and the east side of the Guide Meridian and change the zone to RGC for the purpose of joining a split -zoned parcel. The motion failed by the following vote: Ayes: Kershner, Knutzen and Larson (3) Special Committee of the Whole - Rural Element, 3/15/2011, Page 8 143 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. Nays: Brenner, Crawford and Mann (3) Absent: Weimer (1) The Committee discussed: • Addressing this item through a Comprehensive Plan docket process. • Whether the property owners could apply for a type III LAMIRD. Kershner moved to amend policy 231-4 change to read "Development or redevelopment within Rural Communities should be consistent with the existing character of the existing area and sinqilaFte consistent with the size, use, scale, or intensity of the development that existed on July 1, 1990." The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Larson (6) Nays: None(0) Absent: Weimer (1) Kershner moved to amend policy 2JJ-5 delete the following: "Lands inside Rural Community designation boundaries that are within lew deRSity r_c a_.,t al (let S.__ five z_. __ resource zones or are federally owned shall not be rezoned to allow more intensive uses and densities." The Committee discussed the LAMIRDs with swaths of R5A zone. The motion failed by the following vote: Ayes: Kershner, Knutzen and Larson (3) Nays: Brenner, Crawford and Mann (3) Absent: Weimer (1) Kershner moved to amend policy 2JJ-5, "Lands inside Rural Community designation boundaries that are within low -density residential zones (let size five aeFes eF greate one residence per five acres or less density) or resource zones or are federally owned shall not be rezoned to allow more intensive uses and densities." The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Larson (6) Nays: None(0) Absent: Weimer (1) Crawford moved to amend policies 211-5 and 213-6, "s4a++ should." The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner and Larson (4) Nays: Mann (1) Absent: Knutzen (out of the room) and Weimer (2) Kershner moved to amend the Birch Bay-Lynden Road and Interstate 5 (Valley View) map to extend the west side type I LAMIRD west to the freeway. Use the freeway as existing built environment and logical outer boundary. Special Committee of the Whole - Rural Element, 3/15/2011, Page 9 144 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 Committee discussed the issue of: • The built environment in 1990. • The logical outer boundary. • Property owners' ability to apply for a UGA. • The Executive's objection to designating a type III LAMIRD. Laura Lee Brakke, resident, stated the current zone is gateway industrial. The owners have had the opportunity to develop the land for 20 years. Chet Dow, 5491 Woodfern Way, stated this process does not exhibit common sense. Allow someone to invest and produce jobs. Don't create obstacles to businesses. (2: 40: 52 PM) The motion failed by the following vote: Ayes: Kershner, Knutzen and Larson (3) Nays: Brenner, Crawford and Mann (3) Absent: Weimer (1) Emerald Lake Zoning Map Paul Isaacson, submitted a handout (on file) and stated the maps show the watershed boundary in his area. Brenner submitted a map (on file). She moved to amend the Emerald (Toad) Lake type I LAMIRD to: • Use the Council of Governments (COG) map to determine watershed boundary • include any land outside the Lake Whatcom watershed in the northwest corner of Section 14 in the LAMIRD, and • zone the land outside the Lake Whatcom watershed in the northwest corner of Section 14, the property south of Squalicum Lake Road and north of the current zoning boundary, for a total of 16 parcels (not including the four southern parcels), by zoning the parcels rural and applying a R2A zone, and • Any property in this area found to be in the watershed should be zoned R5A. The Committee discussed the issues of: • Honoring a promise the County made to the property owner. • The built environment in 1990. The motion carried by the following vote: Ayes: Mann, Kershner, Brenner, Knutzen and Larson (5) Nays: Crawford (1) Absent: Weimer (1) Larson moved to amend permitted uses in the STC zone, 20.61 ".093 Automobile service stations." The Committee discussed the issue of: • The purpose of the zone. • Defining an auto service station at some point in the future. Special Committee of the Whole - Rural Element, 3/15/2011, Page 10 145 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. Lesa Starkenburg, 313 Fourth Street, Lynden, stated that term is used in the current GC zone. If staff can add that definition to the STC zone. p.m-) (2: 58: 49 PM) The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Larson (6) Nays: None (0) Absent: Weimer (1) Brenner asked and there was discussion of recommendations from Futurewise. (Clerk's Note: The Committee Chair recessed the meeting from 3: 01 p.m. to 4:11 (4:11:48 PM) Crawford referenced an email from Tim Trohimovich of Futurewise dated March 14, 2011 and moved to amend Comprehensive Plan policy 2FF-4, "Allow home -based occupations, cottage industries and small-scale tourist and recreational uses throughout the rural area provided they do not adversely affect the surrounding residential uses or rural character." The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen and Larson (5) Nays: None (0) Absent: Mann and Weimer (2) Brenner asked and there was discussion of allowing large-scale master planned resorts in policy 2B-2. Crawford asked and there was discussion of the Futurewise emphasis on forestry uses in the rural area. Brenner moved to amend policy 5P-3, "Discourage extension of urban levels of water service to areas not designated as urban growth areas or Rural Communities, except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment, and when such services are financially supportable at rural densities and do not encourage urban development. The Committee discussed the motion. The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen and Larson (5) Nays: None (0) Absent: Mann and Weimer (2) Brenner moved to amend policy 5T-1, "Discourage..., except in those limited circumstances shown to be necessary to protect basic public health and safety and the Special Committee of the Whole - Rural Element, 3/15/2011, Page 11 146 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. environment, and when such services are financially supportable at rural densities and do not encourage urban development. The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen and Larson (5) Nays: None (0) Absent: Mann and Weimer (2) Knutzen moved to amend the Hinotes Corner map to add two lots, extending the eastern boundary of the LAMIRD to add two lots north of East Pole Road and east of the Hannegan Road, for a total of 4.85 acres, and zone the properties STC. The Committee discussed whether there was a built environment on those properties in 1990. The motion carried by the following vote: Ayes: Brenner, Kershner, Knutzen and Larson (4) Nays: Crawford (1) Absent: Mann and Weimer (2) Kershner moved to reconsider Kendall and include the northern three acres that are scheduled to be rezoned from STC to R5A. Scott Swanson, Attorney, described the history and infrastructure on the property. Brenner asked and there was discussion of whether the Foothills Steering Committee recommended the development planned for this area. Crawford asked and there was discussion of why the motion includes only one lot, and not two other lots with split zones. The motion carried by the following vote: Ayes: Brenner, Kershner, Knutzen and Larson (4) Nays: Crawford (1) Absent: Mann and Weimer (2) Kershner moved to return Governor's Point and Chuckanut Map to LAMIRD designation with RR1 zoning. The Committee discussed: • Whether there was built environment in 1990. • The land use surrounding Governor's Point. • Whether it's appropriate for Governor's Point to develop. Dannon Traxler, 709 Dupont Street, stated the ground at Governor's Point is not fragile. Critical areas are not a criteria for inclusion. The controversy shouldn't be a consideration. Concerns will be addressed in the permit process. The motion failed by the following vote: Ayes: Kershner, Knutzen and Larson (3) Special Committee of the Whole - Rural Element, 3/15/2011, Page 12 147 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. Nays: Brenner and Crawford (2) Absent: Mann and Weimer (2) Kershner moved to amend 20.36.310(6), "In order to preserve rural character, Fie n9eFe thaR 16 Fes;deRtmal lets shall be peFrnitted On ene elusteF and there shall be at least, cluster subdivisions shall be consistent with the Rural Element of the Whatcom County Comprehensive Plan." The Committee discussed: • Docketing items regarding cluster subdivisions. • The agricultural protection overlay. • Settling with Caitac through a different process. • The logic for choosing the cluster size. The motion failed by the following vote: Ayes: Kershner, Knutzen and Larson (3) Nays: Brenner and Crawford (2) Absent: Mann and Weimer (2) The Committee discussed comments received from citizens. Lake Whatcom zone Davis submitted information on the Lake Whatcom and South Bay maps in terms of potential subdivisions. (5: 07: 59 PM) The Committee discussed: • Whether they are reducing development potential. • The purpose of the overlay in the watershed. • Lot consolidation. Brenner moved to eliminate the overlay in the Lake Whatcom watershed, affecting both the Lake Whatcom and South Bay maps. The motion failed by the following vote: Ayes: Brenner and Knutzen (2) Nays: Crawford and Larson (2) Absent: Kershner, Mann and Weimer (3) Extending the STC Zone to the High School in Deming Crawford moved to retain the existing R2A zone in Deming. (5:24:39 PM) Knutzen asked and there was discussion of: • Making the school a permitted use in this zone. • Building size restrictions. Special Committee of the Whole - Rural Element, 3/15/2011, Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 motion carried by the following vote: Ayes: Brenner, Crawford, Knutzen and Larson (4) Nays: None (0) Absent: Kershner, Mann and Weimer (3) Rural General Commercial Zone Brenner moved to add language at the end of 20.59.010, "The large distinction between the Rural General Commercial (RGC) zone in rural areas and the General Commercial (GC) zone in the urban areas is the fact that urban areas may expand in the future, but rural areas are confined to the size of the LAMIRD." The Committee discussed: • Including this language in the Findings. • Whether it's appropriate to address this concern in the zoning code. The motion failed by the following vote: Ayes: Brenner (1) Nays: Crawford, Knutzen and Larson (3) Absent: Kershner, Mann and Weimer (3) OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 5:32 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2011. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair Special Committee of the Whole - Rural Element, 3/15/2011, Page 14 149 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 March 15, 2011 CALL TO ORDER Council Chair Sam Crawford called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Mann, Tony Larson and Carl Weimer Absent: None FLAG SALUTE ANNOUNCEMENTS (7:01:31 PM) Kathy Kershner, Bill Knutzen, Ken Crawford reported for the morning Committee of the Whole meeting regarding the presentation by the EMS Planning Committee and discussion of a "critical elements list" (AB2011-107) and stated councilmembers will put all questions in writing and have another meeting in two weeks. Crawford reported for the afternoon Committee of the Whole meeting regarding the 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 related to rural land use planning (AB2010-072A) and stated the committee finished its work today. The Council will introduce an ordinance tonight and have a public hearing in two weeks. MINUTES CONSENT (7:03:37 PM) Brenner moved to approve the Minutes Consent items. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. COMMITTEE OF THE WHOLE FOR FEBRUARY 8, 2011 2. SPECIAL COMMITTEE OF THE WHOLE (EXECUTIVE SESSION) FOR FEBRUARY 15, 2011 3. COMMITTEE OF THE WHOLE FOR FEBRUARY 22, 2011 Whatcom County Council, 3/15/2011, Page 1 150 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. OPEN SESSION (7:04:03 PM) Crawford announced that the resolution encouraging industrial investment in the region's economic vitality (AB2011-115) has been withdrawn from the agenda. The following people spoke: • Dennis R. Jones, Windward Drive, Bellingham, spoke on the Whatcom County rural element. • Abe Jacobson, 2314 Samish Way, Bellingham, submitted a handout (on file) and spoke on the Lummi Island ferry. • Fred DeHaan, Point Roberts, submitted a handout (on file) and spoke on property tax increases. • (Clerk's Note: The speaker following Fred DeHaan requested that his/her testimony not be included in the minutes. The speaker's testimony is available on the meeting's audio recording.) • Gary Koi, 205 Governor Road, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Matt Krogh, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Bernie Walls, 132 Viewcrest, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Matt Wilbur, 100 South 341" Street, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Marion Beddill, 2700 Old Fairhaven Parkway, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Penelope Shaw, 3 Marigold Drive, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Michael Taton, 3 Marigold Drive, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Clarence Bob, Sr. 2524 Michigan Street, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Robert McLeod, Everson, spoke on the proposed SSA Shipping Pier at Cherry Point. • Bruce Diele, Bellingham, submitted a handout (on file) and spoke on the effects of smoking marijuana. • Leigh First, 1814 W. North Street, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Crina Hoyer, 2100 Cody Avenue, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Sheridan Thurston, 1736 Bayon Road, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Chris Gregory, 2515 Crestline Drive, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Michael Stangland, 3416 Bennett Drive, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Laura Lee Brakke, 585 Pleasant Bay Road, submitted a handout (on file) and spoke on the rural element updates. Whatcom County Council, 3/15/2011, Page 2 151 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. • Charles Law, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. • Mark Sexton, 1253 Jamison Street, Lummi Island, spoke on Lummi Island ferry issues. • Leroy Rohde, 4961 Noon Road, spoke on the proposed SSA Shipping Pier at Cherry Point. • Ron Reimer, 6595 Northwest Road, spoke on the proposed SSA Shipping Pier at Cherry Point and the rural element. • Greg Brown, 4363 Saddleston Drive, spoke on the proposed SSA Shipping Pier at Cherry Point. • Kevin Foster, 5938 North Star Road, spoke on the proposed SSA Shipping Pier at Cherry Point. • John Cogswell, 2513 Racine Street, Bellingham, spoke on the proposed SSA Shipping Pier at Cherry Point. PUBLIC HEARINGS 1. RESOLUTION AMENDING THE 2011 ANNUAL ROAD CONSTRUCTION PROGRAM TO INCLUDE RECENTLY OBTAINED GRANT FUNDING OF FIVE PROJECTS, ALTER CONSTRUCTION TYPE AND METHOD OF ONE PROJECT TO REDUCE COSTS, AND BREAK ANOTHER PROJECT INTO TWO PROJECTS TO ALLOW FOR CONSTRUCTION IN 2011 (AB2011-103) (8:19:12 PM) Crawford opened the public hearing and the following people spoke: Abe Jacobson, 2314 Samish Way, Bellingham, submitted and read from a handout (on file) and referenced item 20 in the program and stated about 20 households rely on the Potter Road bridge. Consider proportionality of where taxpayer resources go and how many people will benefit from this investment. Be prepared to make tough choices. Matthew Thuney, 3457 Hillside Road, Deming, stated it's necessary to spend money on jobs, education, and infrastructure. Whatcom County has maintained 159 bridges that connect people and provide jobs. Continue to maintain the Potter Road bridge. It is necessary for emergency services. The bridge services about 70 families, not 20 families. Jane Taltan Rogers, 3728 Hillside Road, Deming, stated she requests a small, safe bridge for their road. They pay taxes to all roads in the County. Their property will lose value without a bridge. Denis Delahoyde, 3468 Hillside Road, Deming, stated the residents need road access via Potter Bridge. In the 1940's, the residents had three accesses to their area. The County has chosen over the years to let go two of those accesses. This is the last remaining access. Marion Beddill, 2700 Old Fairhaven Parkway, stated she studied the need for the bridge. She described her background in civil engineering. Before deciding to build a bridge, make and publish a full evaluation of all the bridge and road alternatives. Hearing no one else, Crawford closed the public hearing. Whatcom County Council, 3/15/2011, Page 3 152 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. Kershner moved to approve the resolution. Brenner asked the reason for designing Potter Road bridge to that size. Joe Rutan, Public Works Department, gave a staff report and stated this bridge is the most at -risk bridge in the county. The County sought Federal funds, and funds were made available for replacement, but not rehabilitation. They received a variance to make the bridge narrower than the federal design standards. They could build a one -lane bridge, but would not have access to federal bridge funding. Kershner asked about the expense. Rutan stated the bridge is long. Much permitting is required. There are some environmental benefits. Most of the cost is in steel and concrete. Mann asked the cost of a one -lane bridge. Rutan stated they haven't reviewed the cost of a one -lane bridge. It will cost more than half the cost of a two-lane bridge. Knutzen asked what happens to the federal funds if the County doesn't do the project or adhere to the guidelines. Rutan stated those funds are very competitive. The County's success in competing for the funds indicates the County's need for the funds. If not used, someone else will use the funds immediately. Brenner stated she would like to see all the options and alternatives for access to the area. Rutan stated that to look at other options, the Council would have to put the study on the annual construction program and get money for such a study. They could potentially do that study. They conducted a size, type, and location study. Brenner stated she would spend County money on a safety issue. They don't seem to have a lot of choices. She has no intention of keeping people from getting to their property that has been there forever. There aren't other options. It's too bad they've had to cause such fear in people who live in that area. It's not fair for the County to no longer maintain the bridge. They've been committed to it. Larson asked if the staff is asking for an increase of $830,000 more than budgeted for 2011, for all the projects. He is concerned about spending and costs. He asked how they justify the $830,000. He senses that some of the funds are coming from federal grants. Those grants total $333,000. Rutan stated the grants themselves total over $10 million. They will spend this year about $333,000 from the grants. The request for $830,000 is for additional funds they want to spend in 2011, spread out among all the projects. Larson asked about the last two projects. He asked what changed from the time they developed the 2011 budget and now. Rutan described the projects. Larson stated it seems like they had a budget for 2011, and then they received grant funds from the federal government, so they're going to kick in another $497,000 to use the grants. Rutan stated he has no spending authority for the grants. The authority to use the grant money comes from the annual construction program. Once they approve the annual construction program, he will create a budget amendment. Whatcom County Council, 3/15/2011, Page 4 153 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. Larson asked the trigger for changing the budget for 2011. It looks like they are spending $830,000 more than they weren't going to spend otherwise. Rutan stated each projects are different. Some projects are moving forward. Some projects are spending grant money that requires a 20 percent match. Some projects are using grant money that don't require a match. Some projects change the method from a contract to County forces. Another project is split in two. Larson asked if they would be making these changes if the grant money hadn't shown up. Rutan stated they would not. The Council can approve the entire packet or amend the packet. Larson asked why they are spending $497,000 to buy $333,000. Rutan stated they will spend $497,000 more this year, and will attempt to spend that much also in grant funds. It does position them for further funding. Kershner asked the approximate balance of the road fund. Frank Abart, Public Works Department, stated an estimated balance is $16 million, with about $6 million uncommitted. Kershner asked if this proposal would commit about half a million dollars from that $6 million. Abart stated it would. Kershner asked the source of road funds. Rutan stated they come from unincorporated property taxes and gas taxes. Weimer asked the cost of replacing the Jones Creek Road bridge. Rutan stated the costs would be large due to the necessity of purchasing right-of-way. Abart stated they annually collect $16 million in road taxes from the unincorporated area. Brenner asked how dangerous the existing Potter Road bridge is. Rutan stated that if the bridge were dangerous, it would be closed, but it is the bridge they are most concerned about. He fears they will have to close the bridge if there were a flood that causes a bad scour underneath the abutments. At that point, they will struggle to maintain access across the river. If they bring in an emergency bridge, they won't be able to use the existing abutment. The question would be how to get to the other side to build an abutment. They can do preliminary estimates for some of the options. Once the County enters into an agreement with the federal government, the grant funds aret secure for the County. Tonight's decision will give him guidance about entering into that agreement. The County has already received $200,000 in design funds to get to this point. Looking at other options would be a step backward, at the County's cost. Knutzen stated the federal government thought this project was of enough value that the County received the grant funds. The Council of Governments (COG) is trying to get road improvement money into the county, which is difficult. He commends the staff for getting these grants. He understands the concern about spending tax dollars, but those tax dollars will be at work in Whatcom County. Whatcom County Council, 3/15/2011, Page 5 154 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. Larson asked if the $16 million was in the fund when they created the budget, and why this was not a priority when they developed the 2011 budget, if they already had the money. Rutan stated this is new funding, since they developed the constructions programs and the budget. Few projects on the annual construction program are fully funded. They're on the program so the administration can go out for grants. Many grants require projects to be on planning documents. Abart stated they generally keep around $5 million in reserves to deal with emergencies and higher fuel costs. Mann asked about the Tyee Drive pavement reconstruction project. Rutan stated the road is horrible because there is more crack seal than pavement. They can't save the pavement or pave over it. He described the project. Mann asked if it is a safety issue. Rutan stated it is a safety issue and a preservation issue. They've invested a lot of money in the road. If they wait much longer, they will have to repair the sub -grade. Larson asked about discrepancies in the math. Rutan stated there are a couple of scrivener's errors, including the $90,000 for the rural road safety funds. It was erroneously put into the County funds column, line 35. He described the scrivener's errors. Dewey Desler, County Administrator, stated this government uses substantial amounts of grant funds. Granting agencies include timeframes and schedules the County must meet. If they don't meet those schedules, it's because the County is not interested in doing the project. In that case, the County will lose access to those funds. In a world of shrinking resources, those timeframes are much shorter. The expectations for progress are much higher. Don't think it's easy to use those resources. Mann moved to amend to remove the Potter Road Bridge project. The residents don't want a bridge of the size proposed. He does not have a contempt for shared responsibility, but the cost is disproportionate for the amount of bridge as designed. It would be irresponsible to spend this much money on this bridge at this time. The County needs to better -design the bridge to make it more cost-effective. Knutzen stated that when the bridge washes out later, it will cost more money than it will now. The previous Council decided it didn't need a new ferry, and turned down grant money. In hindsight, that wasn't such a good decision. The cost the State Department of Transportation (DOT) invested in a new bridge on the Guide Meridian is far greater than this. The cost of putting a bridge over the Mt. Baker Highway five years ago would also be far greater than this. He understands the pain in investing in a bridge that affects 70 families. However, those families would be concerned about their children if something happens to the bridge. Much of the cost is from grant money. Weimer stated he is against the amendment. He understands the concern, but the County has historically funded the bridge, and they have the responsibility to continue to provide access to these citizens. The administration looked for the most cost-effective way to fix the bridge. This is the most cost-effective plan that will meet federal standards. Whatcom County Council, 3/15/2011, Page 6 155 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. Turning down the project will result in the County paying more to build a smaller bridge without the federal grant. Brenner stated this is a public road. The County made a commitment years ago. She can't think of another way that the project will cost less. The County has an obligation to the people who live there. Mann asked at what enormous cost would they not fund such a project, as they decided to not fund a new ferry. Kershner asked why a unanimous vote is required. Crawford stated a unanimous vote is State law. Rutan stated the current annual construction program includes $200,000 for the Potter Road Bridge. If the project does not go through, the County has plenty of work to do on Potter Road Bridge. Pete Kremen, County Executive, stated Councilmember Mann brings up a valid point. However, they need to be pragmatic in terms of the people who reside and pay taxes here in Whatcom County. That's what this is about. If the Council turns down this money, they are exacerbating the disparity existing at the federal and State levels between tax dollars received and tax dollars collected. Whatcom County is a donor county. It is one of the highest donor counties in the United States because it sells an enormous amount of gasoline for the size of the county. Canadians come here in droves to fill up their tanks. Whatcom County doesn't get back its fair share of tax dollars generated at the pump. This is one small way to minimize that disparity. They will have an opportunity to save infrastructure for those residents. By using this grant funding now, they will also save the taxpayers money in the future. Building a bridge later without the grant funds will cost the taxpayers much more money. He asked Councilmember Mann to support funding the Potter Road bridge. Abart stated there used to be three bridges providing access to those residents. Two of those bridges have gone away. They can't quit on this last access. Knutzen stated many businesses also depend on the bridge. The motion to amend failed by the following vote: Ayes: Mann (1) Nays: Larson, Crawford, Brenner, Weimer, Knutzen and Kershner (6) Weimer stated Councilmember Mann had asked at what enormous cost they would not fund and made a comparison to the ferry decision. The difference is that the road fund can absorb this cost. They have to prioritize projects each year, but this won't break the bank. They could have afforded the match for ferry funds, but they were also going to incur huge expenses in docks and other infrastructure. That was not sustainable. This is a sustainable decision the road fund can absorb. Knutzen moved to postpone consideration until March 29, 2011. Whatcom County Council, 3/15/2011, Page 7 156 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. The motion carried by the following vote: Ayes: Brenner, Weimer, Knutzen and Mann (4) Nays: Larson, Crawford and Kershner (3) CONSENT AGENDA (9:23:23 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through five. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6) Nays: None (0) Absent: Kershner (out of the room)(1) 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 11-16 TO THE LOW BIDDERS, MCASPHALT INDUSTRIES AND PARAMOUNT PETROLEUM FOR THE DELIVERY AND SUPPLY OF ASPHALTIC EMULSIONS IN THE AMOUNT OF $840,000 (AB2011-109) 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE PURCHASE OF THE ANNUAL 2011 SUPPLY OF WATERBORNE TRAFFIC LINE PAINT BY PUBLIC WORKS MAINTENANCE AND OPERATIONS USING AN INTERLOCAL AGREEMENT WITH PIERCE COUNTY THROUGH VENDOR ENNIS PAINT, INC. IN THE AMOUNT OF APPROXIMATELY $450,000 (AB2011-110) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND BACKCOUNTRY HORSEMEN OF WASHINGTON, INC., WHATCOM COUNTY CHAPTER FOR CERTAIN PORTIONS OF THE Y ROAD LANDFILL PROPERTY TO BE USED AS A TRAILHEAD AND OFF -ROAD PARKING FOR HORSE RELATED RECREATIONAL ACTIVITIES (AB2011-111) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND MT. BAKER FOOTHILLS CHAMBER OF COMMERCE FOR INSTALLATION OF WATER SYSTEM, SEPTIC SYSTEM AND RELATED ELECTRICAL SERVICE FOR THE CONSTRUCTION OF THE MT. BAKER SCENIC BYPASS WELCOME CENTER IN THE AMOUNT OF $53,300 (AB2011-112) 5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BLAINE TO PROVIDE FUNDING FOR STAFFING AND OPERATIONAL SUPPORT TO THE BLAINE SENIOR CENTER IN 2011 AND 2012 (AB2011-113) OTHER ITEMS Whatcom County Council, 3/15/2011, Page 8 157 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. 1. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION — REQ. #TR2011-01 (AB2011-108) (9:23:59 PM) Mann Reported for the Finance and Administrative Services Committee and moved to approve the resolution. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Mann (6) Nays: None (0) Absent: Kershner (out of the room)(1) 2. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING AMENDMENTS (AB2011-104) (9:24:30 PM) Knutzen reported for the Planning and Development Committee and moved to approve the resolution with 2011 items 00003 through 00010, 00012, and 00014 through 00015, 2010-00026, 2009-00013, and 2007-00014. Weimer asked about the mineral resource land (MRL) on Lummi Island, item 2011- Brenner stated there is one potential violation that is being appealed. There isn't agreement about whether or not there is a violation. They are working on it. There were no other violations. They have an area that is permitted and a boundary that is permitted. Apparently, they're not the same. If this item goes forward, those issues will be addressed. Kershner referenced item 2011-00008, the application she submitted. The committee voted to change her application, which isn't allowed. She moved to reinstate the application as she submitted it, to remove Whatcom County Code (WCC) 20.80.212. Move it forward as written and allow the Planning Department and Planning Commission to review it. They will make recommendations to the Council. Councilmember Brenner wanted to amend the language, but not remove it. She asked if the Council can amend an application before it goes through the process. Brenner stated the Fire Marshal doesn't want the Code section removed. They want to work on amendments to the language, not to remove the language. The Fire Marshal said it wouldn't be appropriate to remove the language. Crawford stated that the Council can move forward the docket item to delete WCC 20.80.212, and the Fire Marshal can recommend not removing the language and instead amending the language through the Comprehensive Plan process. Brenner stated she doesn't want to remove the language. She wants the language fixed. If the Council sends this forward to remove the language, that's what the Planning staff and Planning Commission will look at, which isn't what she wants. Roxanne Michaels, Planning and Development Services Department, stated the language needs to be amended either way. The request is to docket this section, however it's amended. Whatcom County Council, 3/15/2011, Page 9 158 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. Crawford stated that when someone applies for an amendment, it's important to respect and state their intent. If someone has a different intent, that person should have applied to make a different change. Crawford restated the motion to amend the description of PLN2011-00008 on Exhibit A, "Suggested amendment to amend remove section 20.80.212 of the Whatcom County Zoning Code,...." The motion to amend item 2011-00008 carried by the following vote: Ayes: Larson, Crawford, Weimer, Knutzen and Kershner (5) Nays: Mann (1) Abstains: Brenner (1) The motion to approve the resolution as amended carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 3. RESOLUTION ENCOURAGING INDUSTRIAL INVESTMENT IN THE REGION'S ECONOMIC VITALITY (AB2011-115) This item was withdrawn from the agenda. INTRODUCTION ITEMS (9:38:06 PM) Knutzen moved to accept the introduction items. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Knutzen, Mann and Kershner (6) Nays: Weimer (1) 1. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION REGARDING AN ADMINISTRATIVE APPEAL OF A LAND DISTURBANCE PERMIT AND AN APPEAL OF THE SEPA THRESHOLD DETERMINATION, FILED BY THE SQUALICUM VALLEY COMMUNITY ASSOCIATION (AB2011-091) 2. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION REGARDING AN ADMINISTRATIVE APPEAL OF A LAND DISTURBANCE PERMIT AND AN APPEAL OF THE SEPA THRESHOLD DETERMINATION, FILED BY THE CITY OF BELLINGHAM (AB2011-092) 3. 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 (AB2010-072B) 4. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION — REQ. #TR2011-01 (AB2011-108A) Whatcom County Council, 3/15/2011, Page 10 159 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. S. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, THIRD REQUEST, IN THE AMOUNT OF $722,246 (AB2011-114) OTHER BUSINESS (9:39:11 PM) Brenner stated she met with two members of the Right -Sized Jail group and Sheriff Elfo last Friday. She moved to form a jail planning committee as an advisory committee to the Council and a subcommittee of the Law and Justice Council. Weimer stated he supports the idea. Usually they set up committees via a resolution or ordinance describing the details of the committee. He asked if Councilmember Brenner will create such a resolution or ordinance. Brenner stated she will work with the Clerk of the Council to draft a resolution to establish the committee. Weimer stated he supports the idea, but wants to know the particulars. He also wants feedback from the administration about what's going on with the jail. He senses they need to ask for a supplemental environmental impact statement (EIS) to address the concerns. The administration is running away from its own EIS at this point. The question is how they're moving forward. Brenner stated a committee is a group that will focus this effort. Executive Kremen said it would be better for the Council to create the committee. Weimer stated he offers to help write a resolution. They should ask the administration at the next meeting how they're proceeding in the jail process. Kershner stated she agrees with Councilmember Weimer's comments. Larson stated he spoke with the Sheriff, who indicated there is already a structure in the Law and Justice Committee. The Council seems to be looking for a task force. He recommends that they ought to define the specific task and timelines, as they did with the Lummi Island Ferry Task Force. The Council will have to work with the administration to figure things out. This is a good idea to get things back on track. Weimer moved to have Councilmember Brenner draft a resolution forming a jail planning committee for consideration in two weeks. Brenner accepted the motion as a friendly amendment to her motion. Larson stated they ought to put out a notice to the citizens, letting them know the Council will solicit members of the community to participate. Crawford stated the Sheriff can put the word out to the community. Mann asked the role the Law and Justice Council has played thus far in forming plans for the new jail. If the Law and Justice Council has played a significant role, he would not Whatcom County Council, 3/15/2011, Page 11 160 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 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. want to rely on them to make up the new task force. A fresh perspective may be more effective. vote: Motion to draft a resolution for consideration in two weeks carried by the following Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (9:49:52 PM) Larson stated that last Thursday, the Northwest Business Monthly magazine sponsored the Whatcom County business Person of the Year event and recognized businesses and others for their work in the community. He named the honorees. The event was exciting and well -attended. Mann stated he is excited for upcoming planned field trips. Knutzen stated he is a member of the Washington State University (WSU) Extension Task Force and reported on the task force efforts to discuss budget issues. He encouraged everyone to provide suggestions regarding WSU Extension programs. He's encouraged that a promise to this community is more focus on commercial agriculture. ADJOURN The meeting adjourned at 9:53 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2011. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair Whatcom County Council, 3/15/2011, Page 12 161 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-127 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: Alex Cleanthous L�� l� v E C E p p E D MAR 2 2 2011 WHATCOM COUNTY COUNCIL 3129 Introduction Introduction Division Head: Roxanner Michael f 4112 Council Hearing Dept. Head Sam Ryan: Prosecutor s�_ r Purchasing/Budget: Executive. JJ TITLE FDOCUM\ENT: Drive Through Service ATTACHMENTS: Attachment A: Ordinance amending the Urban Residential Mixed Use zone, leaving drive through services as a CUP. SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: April 12, 2011 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The proposal is to allow for drive through coffee and restaurant services in the Urban Residential Mixed Use in unincorporated Whatcom County. COMMITTEEACTION. COUNCIL ACTION: 3/29/2011: Committee recommends introducing 3/29/2011: Introduced the conditional use permit option Related County Contract #: Related File Numbers: Ordinance or Resolution Number. AB2011-127A Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 162 WHATCOM COUNTY 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 Council J.E. "Sam" Ryan Director MAR 17 20i PE r t= KREMEEN COUNTY EXECWIVE THROUGH: Roxanne Michael, Long Range Planning Supervisor I.E. "Sam" Ryan, Director#V-- FROM: Alex Cleanthous, Planner DATE: March 10, 2011 RE: Drive through Service in the Urban Residential Mixed Use (URMX) zone The Whatcom County Council reviewed an ordinance on January 25, 2011 that would have amended the URMX zone to allow for drive through services as a Conditional Use Permit (CUP). At the Planning and Development Committee meeting the Committee made a motion to amend the allowable building size in the URMX zone from 2,500 to 5,000 square feet. Additionally the Council requested to amend the URMX zone and change drive through services from a Conditional Use to outright permit. Staff does not support changing drive through services to an outright permitted use. The use is connected to the larger goal of creating neighborhood centers, and the current code has criteria that are necessary to meet (20.64.161). If the Council feels that changing the use from a CUP is necessary, staff finds it more appropriate to change the use to an Administrative Permit. Attached to this memo are two ordinances. 1. Attachment A amends the allowable building size in the URMX zone and leaves drive through services as a Conditional Use Permit. 2. Attachment B amends the allowable building size in the URMX zone and changes drive through services from a Conditional Use Permit to an Administrative Use permit. Office (360) 676-6907 FAX (360) 738-2493 163 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. AMENDING WCC�TITLE 20, TO ALLOW DRIVE THROUGH SERVICES IN THE URBAN RESIDENTIAL MIXED USE (URMX). WHERE AS, Whatcom County Planning and Development Services received an application for a zoning text amendment. The application was given file number PLN2010-00013. WHERE AS, In accordance with RCW 36.70A.106 Whatcom County Planning and Development Services notified the Department of Commerce of the proposed zoning text amendment on September 23, 2010. A confirmation letter from the Department of Commerce was received on September 28, 2010. WHERE AS, A SEPA Determination of Non -Significance was issued on November 23, 2010 in the Bellingham Herald subject to a 14 day comment period ending December 7, 2010. WHERE AS, Notice of the Whatcom County Planning Commission public hearing for the subject amendment was published in the Bellingham Herald on November 28, 2010. WHERE AS, The Planning Commission held a public hearing on the subject amendment on December 9, 2010. The Planning Commission voted 7-2 to forward a recommendation of approval to the Whatcom County Council for the subject zoning text amendment. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION 1) The Whatcom County Planning Commission held a work session on the proposed zoning text amendment on October 28, 2010. 2) The Whatcom County Planning Commission held a public hearing on December 9, 2010 on the proposed zoning text amendment. 3) A proposal for addition of the "drive through service" was brought before the Whatcom County Planning Commission in 2006. The 164 Planning Commission at the time voted to forward a recommendation of denial to the Whatcom County Council 4) The 2006 Planning Commission recommendation was never forwarded to the Whatcom County Council for review. The zoning request stayed on the long range work plan and in 2010 a new application was filed for review. 5) On October 12, 2010 Whatcom County planning staff received a letter from the City of Bellingham planning staff supporting the 2006 Planning Commission's recommendation for the proposed zoning text amendment. 6) The Whatcom County Planning Commission voted 7-2 to recommend approval on allowing in the URMX zone drive through services being a Conditional Use, and in the Resort Commercial outright permitting the use. The Planning Commission however did not recommend allowing an increase in building size in the Resort Commercial zone to 5,000 square feet as requested in the zoning text amendment application. 7) On January 23, 2011 the Whatcom County Council reviewed an ordinance that would have amended the URMX zone and allow for drive through services. The Council made a motion to amend the allowable building size in the URMX zone from 2,500 to 5,000 square feet. 165 PROPOSED CONCLUSIONS 1. The subject amendments are consistent with the Whatcom County Comprehensive Plan. 2. The subject amendment serves the public interest by allowing for drive through services in unincorporated Whatcom County. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, that revisions to the existing Whatcom County Zoning Code are being proposed as outlined in Exhibit A to this Ordinance. BE IT FURTHER ORDAINED that if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional; such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this code and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. ADOPTED this day of , 2011. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Sam Crawford, Chair APPROVED AS TO FORM: Civil Delkify R6566cutor ( ) Approved( ) Denied Pete Kremen, County Executive 166 Exhibit A 20.24 URMX 20.24.150 Conditional Use .161 The following uses may be approved within a neighborhood center where the locational criteria (WCC 20.24.161(2)) and site criteria (WCC 20.24.161(3)) are met; the floor area per nonresidential use does not exceed 2,500 5,000 square feet; and the developer has conducted at least one neighborhood meeting prior to application for the purpose of hearing neighborhood concerns and suggestions regarding the proposal. (1) Uses. (a) Commercial uses with a neighborhood or specialty nature including, but not limited to, barber and beauty shops, bakeries, drugstores; provided, that food markets may have no more than two gasoline pump islands, hardware stores, restaurants and coffee shops with or without drive -up service, stationery stores, laundromats, video rental, bookstores, frame shops and other small convenience retail, rental, or repair shops. (b) Professional offices. (c) Adult care centers, mini -day care centers, and day care centers. (d) Residential units located on the upper floor(s) of buildings containing the uses listed above. Such units will be counted toward minimum densities and maximum percentage of multifamily units, but shall not be counted toward maximum densities. (2) Locational Criteria. Uses must be clustered in a single center which is no larger than two acres, excluding areas used for duplex and multifamily dwellings, and: (a) Fronts on an arterial or collector street; or (b) Is located adjacent to a public square or neighborhood park; and (c) Is no closer than one-half mile from an existing or approved commercial center or other commercial use or zone; 167 (d) Neighborhood centers shall not be developed in areas characterized by residential development at less than one dwelling unit per acre except as part of a mixed residential development.* (3) Site Criteria. (a) Parking shall be located at the rear of the buildings with access from alleys or side streets. On -street parking may be counted toward the parking requirements in Chapter 20.80 WCC. (b) Buildings are located adjacent to the right-of-way or sidewalk, or as close as allowed in WCC 20.80.200, Setback requirements. (c) Commercial development shall occur in nodes; linear strips will be discouraged. (d) Centers should be visible and accessible to pedestrians from the streets and clearly defined through lighting, landscape, landmarks, and/or open space. (e) In the Urban Fringe Subarea, specific wetland systems and sensitive environmental areas shall be preserved and incorporated into the development site design plan consistent with Bellingham city ordinances.* (f) Sidewalks are a minimum of eight feet wide. (g) Street trees are located on the curb side of the sidewalk in accordance with city of Bellingham street tree standards. (h) Individual businesses or establishments must be joined by common walls unless the applicant can demonstrate to the satisfaction of the administrator that unique site circumstances dictate some other form. (i) Storage areas shall be located entirely within the structure and outside trash receptacles shall be enclosed and screened from public view. (j) All lighting shall be designed and installed to prevent the illumination of adjacent properties during business hours; however, security lighting may be permitted during nonbusiness hours if it is designed to prevent the illumination of adjacent properties. (k) In accordance with WCC 20.80.465, Urban Residential -Mixed (UR- MX) District sign regulations, not more than two identification signs, with a maximum of 32 square feet total area for each storefront shall be permitted; provided, that said sign(s) shall not project above any part of the roof line. Signs may extend 24 inches from the wall or to the edge of a permanent canopy or awning of the building to which it is attached. At least one of the signs for an individual business must be readable to pedestrians on the adjacent sidewalk. Said sign(s) shall be harmonious and compatible in appearance with the character of the surrounding area. Signs may only be illuminated by an indirect external source.* (1) Use of shared parking areas is encouraged. The minimum parking requirement shall be 50 percent of the parking requirements in WCC 20.80.580, but shall in no case exceed two-thirds of the requirements in WCC 20.80.580. 169 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-128 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: Alex Cleanthous ,,, � ; � � E jp� � � � (1 � I/ � D �J u 1�/ 3/29 Council Introduction Division Head: / / / 4112 Council Hearing Roxanner Michael 1 MAR 2 2 2011 Dept. Head PLO/ 3 l Smn Ryan: / ! WHATCOM COUNTY Prosecutor ,c COUNCIL Purchasing/Budget: Executive. 1 TITLE OF DOCUMENT. Drive Through Service ATTACHMENTS: Attachment A: Ordinance amending the Resort Commercial zone SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: April 12, 2011 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The proposal is to amend the Resort Commercial zone to allow for drive through services except on Birch Bay Drive which would require a Conditional Use Permit. COMMITTEE ACTION. • COUNCIL ACTION: 3/29/2011: 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.whatcomwa.uslcouncil. 170 WHATCOM COUNTY �GpM CO I.E. "Sam" Ryan Planning & Development Services �r° `yam Director 5280 Northwest Drive, Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 REG'EIVED 360-738-2525 Fax MAR 17 2011 MEMORANDUM PETE KREMEN COUNTY EXECUTIVE TO: Whatcom County Council THROUGH: Roxanne Michael; Long Range Planning Supervisor J.E. "Sam" Ryan, Director5M FROM: Alex Cleanthous, Planner DATE: March 101 2011 RE: Drive through Service in the Resort Commercial Zone The Whatcom County Council reviewed an ordinance on January 25, 2011 that would have amended the Resort Commercial zone to allow for drive through services. At the Planning and Development Committee meeting the Council requested changes to the Resort Commercial ordinance, to make drive through services on Birch Bay Drive a Conditional Use Permit. Attached to this memo is an ordinance amending the resort commercial zone, which would outright permit drive through services except on Birch Bay Drive where a Conditional Use Permit (CUP) would be required. Office (360) 676-6907 FAX (360) 738-2493 171 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. AMENDING WCC TITLE 20, TO ALLOW DRIVE THROUGH SERVICES IN THE RESORT COMMERCIAL ZONE (RC). WHERE AS, Whatcom County Planning and Development Services received an application for a zoning text amendment. The application was given file number PLN2010-00013. WHERE AS, In accordance with RCW 36.70A.106 Whatcom County Planning and Development Services notified the Department of Commerce of the proposed zoning text amendment on September 23, 2010. A confirmation letter from the Department of Commerce was received on September 28, 2010. WHERE AS, A SEPA Determination of Non -Significance was issued on November 23, 2010 in the Bellingham Herald subject to a 14 day comment period ending December 7, 2010. WHERE AS, Notice of the Whatcom County Planning Commission public hearing for the subject amendment was published in the Bellingham Herald on November 28, 2010. WHERE AS, The Planning Commission held a public hearing on the subject amendment on December 9, 2010. The Planning Commission voted 7-2 to forward a recommendation of approval to the Whatcom County Council for the subject zoning text amendment. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION 1) The Whatcom County Planning Commission held a work session on the proposed zoning text amendment on October 28, 2010. 2) The Whatcom County Planning Commission held a public hearing on December 9, 2010 on the proposed zoning text amendment. 3) The Whatcom County Planning Commission voted 7-2 to recommend approval on allowing in the URMX zone drive through services being a 172 Conditional Use, and in the Resort Commercial outright permitting the use. The Planning Commission however did not recommend allowing an increase in building size in the Resort Commercial zone to 5,000 square feet as requested in the zoning text amendment application. 4) On January 25, 2011 the Whatcom County Council reviewed an ordinance that permitted drive through services. The Council requested to amend the proposal to outright permit drive through services in the Resort Commercial zone except for on Birch Bay Drive which the Council requested be a Conditional Use Permit. This changes is reflected in Exhibit A. PROPOSED CONCLUSIONS 1. The subject amendments are consistent with the Whatcom County Comprehensive Plan. 2. The subject amendment serves the public interest by allowing for drive through services in unincorporated Whatcom County. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, that revisions to the existing Whatcom County Zoning Code are being proposed as outlined in Exhibit A to this Ordinance. 173 BE IT FURTHER ORDAINED that if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional; such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this code and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. ADOPTED this day of , 2011. WHATCOM COUNTY COUNCIL ATTEST: W HATCO M COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Sam Crawford, Chair APPROVED AS TO FORM: Civil De ;ose_Cutd'r' ( ) Approved( ) Denied Pete Kremen, County Executive Date: 174 Exhibit A Resort Commercial 20.64 20.64.050 Permitted uses .053 Retail shops and resort related uses with or without drive through service no greater than590 5,000 square feet in area per shop, except as provided by 20.64.193. .055 Restaurants with or without drive through service; provided, that a minimum of 50 percent of the seating is inside and any outdoor seating is screened from adjacent properties and streets, except as provided by 20.64.193. 20.64.150 Conditional Uses .193 Retail shops, resort related uses and restaurants on Birch Bay drive with or without drive through services, with a maximum 5,000 square foot maximum per shop. 175 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-143 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 414111 April 12, 2011 Council Originator: Lf' D E � %% E D V Division Head: Dept. Head: APR 015 2011 Prosecutor: 5 VHATCOM COUNTY COUNCIL Purchasing/Budget: Executive: TITLE OF DOCUMENT. Concurrent appointment of Craig Funston, City Appointment, to the Bellingham-Whatcom County Housing Authorities Board of Commissioners. ATTACHMENTS: Letter from Dave Bergmann recommending appointment, and application of Craig Funston. SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: S UMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Pete Kremen recommends the concurrent appointment of Craig Funston to the Bellingham-Whatcom County Housing Authorities Board of Commissioners. COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the Coun 's website at. www.co.whatcom.wa.us/council. 176 ri-- 0 ra i BELLINGHAM WHATCOM COUNTY HOUSING AUTHORITIES Office: 208 Unity Street — Lower Level + Bellingham Mailing Address: P.O. Box 9701 • Bellingham, WA 98227-9701 March 29, 2011 The Honorable Dan Pike Mayor of the City of Bellingham 210 Lottie Street Bellingham, WA 98225 Dear Mayor Pike: APR 1 - 2011 PETE KREMEN COUNTY EXECUTIVE Several months ago and after two terms on the Bellingham Housing Authority Board, Commissioner Mary Swenson has given notice of her resignation. Her term expires on April 18. Because the position vacated by Ms. Swenson is one that requires residence within the city limits, the new Commissioner must be a resident of Bellingham. After conducting a search and much thoughtful consideration, the Board has nominated Craig Funston, a Bellingham resident to fill this vacancy. Mr. Funston is the president of Redpoint Structures, a marine engineering firm, and is an active participant in community affairs. His past and present volunteer service includes the Rotary Club, Whatcom Lacrosse Association, and Bellingham Community Recycling. His application is attached for your information. Mr. Funston would be a valuable addition to our Board, and we hope you will concur with our recommendation and appoint him to the Bellingham Housing Authority Board. As Mr. Funston will also serve on the Whatcom County Housing Authority and as per our longstanding agreement, upon receiving notification. of your appointment of Mr. Funston, we will write to County Executive Kremen for his approval, as well. Thank you for your attention to this matter r ggxecutive Director Encl. c: County Executive Pete Kremen Administrative Office: (360) 676-6887 • FAX (360) 676-7696 • TDD (360) 676-2140 Maintenance Office: (360) 676-6893 • FAX (360) 738-7311 177 / BELLINGHAM WHATCOM COUNTY .. HOUSING AUTHORITIES Name Craig Funston Address Email Commissioner Application Date 1700 Eldridqe Ave. Bellingham, WA 98225 cfunston@redpointstructures.com Phone March 30. 201 360-671-8913 (h) 360-715-0121 (o) Please answer the questions below completely. You may attach additional pages to this form. Why do you wish to serve on the Housing Authorities Board of Commissioners? I ave a strong belief in participating in my community and my responsibility to share my gifts of time, treasure and talent. I have actively served for many years with organizations such as ReSources, Bellingham Rotary, Bellingham Public Schools and my church. I believe in the mission of providing affordable housing and have the time available now to contribute to serving t3VVUHA. 2. What personal strengths would you bring to the Board? 4. My personal strengths include strong practical skills related to the building industry as well as organizational and professional skills gained as an Owner / Principal of a structural engineering firm. Additionally I have excellent group / interpersonal skills and work well in committee and board type settings.. 3. What do you think are the critical issues facing affordable housing in this community and what role do you see the Housing Authority and others playing? In the recent past there has been a strong increase in housing prices without attendant increases in pay for low and middle income families and individuals. This has put clean, safe housing further out of reach for many. The Housing Authority by virtue of its size and organizational structure is in a position to maximize existing resources and to address policy to provide additionalo i i . Please list your community volunteer experiences. Please see the attached information 178 Commissioner Application Page 2 5. List any experiences you have on policy -making boards and how they would contribute to your being an effective Board member. Please see the attached information 6. How do you see the role of a Commissioner in relationship to the role of an Executive Director and staff? The role of a Commissioner is to participate with the other Commissioners and with the Executive Director and staff (if needed) in developing policy. The role of the Commissioner is also to bring the public constituencies perspectives to the organization. The day to day operations and function—ing ot the organization are the responsibility of the Executive 7. Using information on Page 4, Commissioner Selection Guidelines, please comment on your qualifications for each guideline. a. Demonstrated leadership capabilities. Owner / Principal of a structural engineering office with staff of up to 15. Board President, St. Paul's Episcopal Church b. Knowledge of and commitment to affordable housing I have a good understanding of how public policy is developed and implemented at each level of government and know that there are many factors influencing housing as well as other resources for low income, disabled and elderly people. I am commie o working fbor affordable ousing in Bellingham and Whatcom County. C. Time commitment I have served -on many boards and community organizations in the past and have demonstrated my ability to commit the necessary time to discharge my responsibilities. d. Policy, planning, budgeting experience My broadest experiences in policy, planning and budgeting have been gained from running my own small business and from my time as a board member at St. Paul's Episcopal Church. In each case significant challenges were addressed o ensure the success OT the organization. 179 Commissioner Application Page 3 e. Collaboration and interpersonal skills I have worked with a broad range of people in my time serving the community and have often served as the bridge between factions with differing perspectives. I have the ability to listen well and to seek solutions in a constructive manner. f. Board perspective. I believe my prior board service speaks well to my effectiveness in considering a broad range of perspectives and in seeking just outcomes. My approach is toward collaboration rather than confrontation and I enjoy the process of wor ing together with other people to reach a common goal. Thank you very much for the opportunity to be considered for the Board of Commissioners. This really is a wonderful convergence of where my heart is regarding affordable housing and community, and my personal and professional skills. My current structural engineering practice is focused on marine structures, however, in the 19 years I was with Geiger Engineers I gained a great deal of experience with conventional structures as well as working with Architects, Code Officials and Developers. I also have a fair amount of board experience and am comfortable and effective working in that arena. I have a well grounded understanding of many of the fundamental issues the Housing Authority faces. I also know that there's lots to learn when entering a new field and try to approach these experiences with an open, inquiring attitude. I am hopeful that I will be able to serve Bellingham Whatcom County Housing Authorities. Craig S. Funston Bellingham Whatcom Housing Authority Application for Commissioner 2011 Board and Community Service PIANC (International Engineering Organization) - Member of Working Group to establish worldwide standards for marina design Whatcom Lacrosse Association - Founding member of a 501-C3 organization to promote youth lacrosse in Whatcom county. Currently serving as Treasurer. Bellingham Band Boosters - 2003 — 2010 Parent volunteer and Board Member for the Bellingham High School marching band. Bellingham Public Schools Task Force - Served on the "Graduation Requirements Implementation Task Force" under Superintendent Vedra Rotary Club of Bellingham (Monday club) - 1995 —2005 Served on various committees during my membership. St. Paul's Episcopal Church - 2003 - 2006 Vestry (board) member. Served as Board President during last year of term. - 1993 - 1996 Vestry (board) member. Involved with construction of a new $3m parish hall. Bellingham Community Recycling - Served on the board during the transition from Bellingham. Community Recycling to "Environmental Resource Services". This involved phasing out direct recycling services and moving to an educational model. Also served on the hiring committee to bring Carl Weimer in as Executive Director. 181