HomeMy WebLinkAboutPacket May 22 2012WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 — ss B
CLEARANCES
Initial
Date
fice
Date Received in Council Of
Agenda Date
Assigned to:
Originator:
Weimer
5/15/2012
5/22/2012
NR Committee/Co
Division Head:
Dept. Head. -
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT.•
Discussion of inter -trust exchange & land reconveyance in Lk. Whatcom Watershed
ATTACHMENTS:
Draft letter to Peter Goldmark, Commission of Public Lands
SEPA review required? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you mustprovide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
COMMITTEE ACTION.
COUNCIL ACTION.
Related County Contract #.
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at: www.co.whatcom.wa.us/council.
May 22, 2012
Peter Goldmark
Commissioner of Public Lands
Chairman, Board of Natural Resources
Department of Natural Resources
I I I I Washington St. SE
MS 47001
Olympia, WA 98504-7001
Dear Commissioner Goldmark:
On behalf the Whatcom County Council I am writing
October 21, 2011, to formally request approval by ;eJ
inter -trust exchange and reconveyance to Whatc , 0
in the Lake Whatcom Watershed as reconfigure- F j
that the Habitat Conservation Plan coverage on the�f�
should have received a letter from the Mt. Baker Schoc
has reached an agreement with Whatcom Land Trust uw
fairly compensated for lost timber revepue M that the
reconveyance. M,
We request that the
complete the inter-t
this matter.
Sincerely,
Chair,
om County
nse to of
of Naturaletter
of the
proximateTWe
vy acres
c A exhang affirm
tnd may continue. You
stating that the District
h the District will be
ow supports the
take a at its earliest convenience to
nce. Thank you for your cooperation in
2
sTATg 0�
o
� N
., oy
October 21, 2011
Sam Crawford
Chair, Whatcom County Council
311 Grand Avenue, Suite 105
Bellingham, WA 98225
Dear Whatcom County Council:
Peter Goldmark
Washington State
Commissioner of Public Lands
As you are aware, on October 10, 2011, the Board of Natural Resources (Board) held its monthly
meeting, during which the proposed inter -trust exchange within the Lake Whatcom watershed
was discussed in detail. While the discussion was productive, the Board felt that further clarity is
needed from the County before it can act on the inter -trust exchange.
Specifically, the Board passed a motion to postpone action on the inter -trust exchange until a
formal request for reconveyance has been received from the Whatcom County Council. The
request must be signed by a majority of the Council, and should include an affirmation of DNR's
Habitat Conservation Plan (HCP) coverage for the reconveyed land, as well as an explanation of
what impacts are anticipated for junior taxing districts in the area, and how those impacts will be
mitigated by the County.
Providing the Board with this information will ensure that it can make a more informed decision
regarding whether or not to approve the proposed inter -trust exchange. Please send us the
requested information at your earliest possible convenience. The sooner we receive your letter,
the sooner the Board will be able to take action. Thank you for your assistance in these matters.
Sincerely,
Peter Goldmark
Commissioner of Public Lands
Chairman, Board of Natural Resources
C: Board of Natural Resources
Pete Kremen, Whatcom County Executive
Department of Natural Resources
1111 Washington ST SE
`V1S 47001
Olympia, Washington 98504-7001
(360) 902-1000
> .0
3
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-173
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
518112
Intro
Originator:
U u
U E C� E� V E D
5122112
Finance
Division Head:
Committee,
MAY 01 2012
WHATCOM COUNTY
Council
Dept. Head:
Prosecutor.
L� �3� -�Z
COUNCIL
Purchasin /Bud et:
2
Executive:
TITLE OF DOC
T. 2012 Supplemental Budget Request #8
ATTACHMENTS: Ordinance, Memoranda & Budget Modi cation Requests
SEPA review required? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes (X ) NO
Should Clerk schedule a hearing? ( ) Yes ( X ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you
must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the
intent of the action.)
Supplemental #8 requests funding from the General Fund. -
To appropriate $78,500 in Planning and Development Services to fund Puget Sound Watershed Protection project
from grant proceeds.
2. To appropriate $6,175 in Sheriff to fund radar equipment from grant proceeds.
3. To appropriate $140, 743 in Sheriff to fund Sheriffs portion of Federal fiscalyear 2011 Operation Stonegarden
program from Emergency Management transfer.
Emergency Management Fund.
4. To appropriate $757,963 to fund Federal fiscal year 2011 Operation Stonegarden program from grant proceeds.
Conservation Futures Fund:
5. To appropriate $82,235 to fund balance of allowable Parks maintenance transfer.
Public Utilities Fund.
6. To appropriate $499,350 to fund City of Everson, Mission Road improvements.
7. To appropriate $217,500 to fund local match for Foothills Broadband project.
COMMITTEE ACTION:
COUNCIL ACTION.•
5/08/2012: Introduced
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number.
M
SPONSORED BY: Finance
PROPOSED BY: Executive
INTRODUCTION DATE: 5/8/12
ORDINANCE NO.
AMENDMENT NO. 8 OF THE 2012 BUDGET
WHEREAS, the 2011-2012 budget was adopted November 23, 2010; and,
WHEREAS, changing circumstances require modifications to the approved 2011-2012
budget; and,
WHEREAS, the modifications to the budget have been assembled here for deliberation by
the Whatcom County Council.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2011-
2012 Whatcom County Budget Ordinance #2010-058 is hereby amended by adjusting the
following amounts to the 2012 budget included therein:
Expenditures
Revenues
Net Effect
General Fund
Planning & Development Services
78,500
78,500
-
Sheriff
146,918
(146,918)
-
Total General Fund
225,418
(225,418)
-
Emergency Management Fund
757,963
(757,963)
-
Conservation Futures Fund
82,335
-
82,335
Public Utilities Fund
716,850
-
716,850
Total Supplemental
1,782,566
(983,381)1
799,185
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Pro cutor
, 2012.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Chair of the Council
( ) Approved ( ) Denied
Jack Louws, County Executive
Date:
I:\BUDGET\SUPPLS\2012_Suppl\Supplementa1 #8-2012.doc
WHATCOM COUNTY
Summary of the 2012 Supplemental Bud
et Ordinance No. 8
Department/Fund
Description
Increased
Expenditure
Decrease
(Increased)
Revenue
Net Effect to
Fund Balance
(Increase)
Decrease
General Fund
Planning & Development Services
To fund Puget Sound Watershed Protection project
from grant proceeds.
78,500
(78,500)
Sheriff
To fund radar equipment from grant proceeds.
6,175
(6,175)
Sheriff
To fund Sheriffs portion of Federal fiscal year 2011
Operation Stonegarden program from Emergency
Management transfer.
140,743
(140,743)
Total General Fund
225,418
(221418)
Emergency Management Fund
To fund Federal fiscal year 2011 Operation
Stonegarden program from grant proceeds
757,963
(757,963)
Conservation Futures Fund
To fund balance of allowable Parks maintenance
transfer
82,335
82,335
Public Utilities Fund
Executive
To fund City of Everson Mission Road improvements
499,350
499,350
Executive
To fund local match for Foothills Broadband project
217,500
217,500
Total Public Utilities Fund
7,16,850
716,850
Total Supplemental
1 1,782,566
(983,381)
799,185
WHATCOM COUNTY
Planning & Development Services
5280 Northwest Drive
Bellingham, WA 98226
<GOM co
P �y
r
3 � <
0
4'SNl NG�C
MEMORANDUM
TO: The Honorable Jack Louws, County Executive
THROUGH: J.E. "Sam" Ryan, Director 3ek—
FROM: Samya Lutz, Planner �'�:" —
J.E. "Sam" Ryan
Director
RECEIVED
APR 2 3 2012
JACK LOUWS
COUNTY EXECUTIVE
RE: Supplemental Budget related to Department of Commerce,
Watershed Protection and Restoration Land Use Grant
DATE: April 20, 2012
Enclosed is a supplemental budget request related to Whatcom County contract
201203014 between the WA State Department of Commerce and Whatcom
County.
Background and Purpose
The contract was approved by County Council on March 27, 2012, and executed
on April 10, 2012. This supplemental budget request will allow the
implementation of the contract according to the scope of work.
Funding Amount and Source
The full contract is for $358,472. This request is for $78,500 which is
anticipated to be the amount of funding needed for 2012. Anticipated
2013/2014 funding would be $279,972. The source of the funding is a US
Environmental Protection Agency grant jointly managed by the WA State
Departments of Commerce and Ecology for the purpose of protecting and
restoring freshwater ecosystems in Puget Sound.
Please contact Samya Lutz at extension 51072, if you have any questions or
concerns regarding the terms of this agreement.
Encl.
7
Supplemental Budget Request
Planning & Development Services Planning
Supp'1 to # 1398 Fund 1 Cost Center 2543 Originator. Becky Boxx
Expenditure Type: One -Time Year 2 2012 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Puget Sound Watershed Protection Grant
X 0q�) °y a® - / A_
Department Head Sign ure (Required on Hard Copy Submission) Date
Costs:
Object Object Description Amount Requested
4333.6612 Puget Sound Watershed Grant $78,500
6630 Professional Services ($78,500)
Request Total $0
la. Description of request:
The proposed budget amendment is to provide for the transfer of funds in order to implement the ag &
watershed protection project as described under grant contract number 201203014.
1 b. Primary customers:
The community at large benefits from this program due to the furthering of policies aimed at protecting
both agriculture and riparian habitat areas.
2. Problem to be solved.
The primary focus of this project is to implement a voluntary pilot project that offers environmental and
agricultural enhancement. This project aims to advance the ability to achieve shared priorities for both
agricultural and watershed planning, something that has proved difficult in certain areas of the county.
3a. Options / Advantages:
The Agricultural Strategic Plan (RES 2011-023) outlines a number of priorities to be pursued over the next
4-5 years; this grant allows us to pursue a project that addresses a number of priorities simultaneously.
3b. Cost savings:
Grant funds will cover consultant costs to implement priorities in the Ag Strategic Plan.
4a. Outcomes:
Grant funds will be used to reimburse appropriate expenses, according to the contract.
4b. Measures:
Specific deliverables are articulated in the grant contract that will be the basis for project success.
5a. Other Departments/Agencies:
Planning is the lead on this project, with support from Public Works.
5b. Name the person in charge of implementation and what they are responsible for:
There are three local agency partners that have committed to in -kind support over the course of the
project: Whatcom Farm Friends, WA Dept of Fish & Wildlife, and the Whatcom Conservation District.
6. Funding Source:
The funding source is the Whatcom State Department of Commerce, Local Government and
Infrastructure Division, Growth Management Services Unit, and the National Estuary Program (NEP) -
Puget Sound Watershed Protection Restoration Grant: Agreement Number 12-63401-008.
Friday, April20, 2012 Rpt: Rpt Suppl Regular
i
WHATCOM COUNTY
SHERIFFS OFFICE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
(360) 676-6650
Memorandum
TO: Jack Louws
FROM: Sheriff Bill
DATE: April 23, 2C
JEFF PARKS
UNDERSHERIFF
ART EDGE
CHIEF DEPUTY
DOUG CHADWICK
CHIEF DEPUTY
S= COOLEY
CHIEF INSPECTOR
WENDY JOKES
Rc' I
APR 23 21Z
JACK LOVAIS
COUNTY FXEC ; IVE
SUBJECT: Supplemental Budget ID# 1396
WTSC School Zone Safety Funds — DSR Moving Radars
The attached Supplemental Budget requests budget authority to purchase two (2) Stalker
DSR moving radars on State Contract #01611 for Whatcom County Sheriff's Office
using Washington Traffic Safety Commission (WTSC) School Zone Safety Account
funds.
Background and Purpose
School Zone Safety Account funds are awarded by WTSC to fund projects in local
communities to improve school zone safety. The WTSC has awarded Whatcom County
Sheriffs Office $6,175 to purchase two moving radars for traffic unit motorcycles.
Funding Amount and Source
$6,175.00 from Washington Traffic Safety Commission School Zone Safety Account.
Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions.
Thank you.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Ablic Safety.
Supplemental Budget Request
Sheriff Administration
supp'r ID # 1396 Fund 1 Cost Center 2932 Originator. Dawn Pierce
Expenditure Type: One -Time Year 2 2012 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Requ"t. WTSC School Zone Safety Funds - DSR Moving Radars
X
Head Signature (Required on Hard Copy Submission)
Costs: I Object
4334.0350
6510
Request Total
1a. Description of request:
Object Description
Traffic Safety
Tools & Equip
Date
Amount Requested
($6,175)
$6,175
$0
Purchase two (2) Stalker DSR moving radars on State Contract #01611 for Whatcom County Sheriffs
Office Traffic Unit motorcycles using Washington Traffic Safety Commission (WTSC) School Zone Safety
Account funds.
1b. Primary customers:
Citizens of Whatcom County
2. Problem to be solved:
Expenditure authority is required to purchase two (2) moving radars on State Contract #01611.
3a. Options /Advantages:
School Zone Safety Account funds are awarded by WTSC to fund projects in local communities to
improve school zone safety, projects that would otherwise have to be funded with local monies or
eliminated.
3b. Cost savings:
Cost savings of $6,175.
4a. Outcomes:
With this equipment, the Sheriffs Office will be better able to enforce existing speed limits.
4b. Measures:
Continue work to improve pedestrian safety in school zones by enforcing speed restrictions and
decreasing the number of traffic violations.
5a. Other Departments/Agencies:
N/A
5b. Name the person in charge of implementation and what they are responsible for:
N/A
6. Funding Source:
Washington Traffic Safety Commission School Zone Safety Account funds.
Friday, April 20, 2012 Rpt: Rpt Suppl Regular
10
WHATCOM COUNTY
SHERIFFS OFFICE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
P60) 676-6650
Memorandum
TO: Jack Louws, County
FROM: Sheriff Bill
DATE: April 23, 2012
SUBJECT: Supplemental Budget ID# 1397
Operation Stonegarden FFY2011 CY2012
JEFF PARKS
UNDERSHERIFF
ART EDGE
CHIEF DEPUTY
DOUG CHADWICK
CHIEF DEPUTY
STEVE COOLEY
CHIEF INSPECTOR
WENDY JOKES
HIEF OF CORRECTIONS
RECEIVED
APR 22U,
JACK LOUWS
COUNTY:~{`y;;,t�
The attached Supplemental Budget requests budget authority for Department of Homeland
Security Operation Stonegarden Program FFY2011 for calendar year 2012.
Background and Purpose
The Department of Homeland Security (DHS) awarded Operation Stonegarden Program
(OPSG) FFY2011 funds of $757,963 to Whatcom County to enhance law enforcement's
preparedness and operational readiness along the international borders of the United States.
Of this amount, the Sheriff's Office allocation is $140,743: Overtime Wages & Benefits
($34,800), Mileage ($4,500), and phase -one replacement of Mobile Data Terminals
($101,443).
The Sheriff's Office requests budget authority for this operation in calendar year 2012.
Funding Amount and Source
$140,743 will be provided by Department of Homeland Security Operation Stonegarden
Program FFY2011, Federal Grant Agreement #E12-248.
Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions.
Thank you.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in'Ablic Safety.
Supplemental Budget Request
Sheriff Administration
supp'r to # 1397 I Fund 1 Cost Center ' Originator: Dawn Pierce
Expenditure Type: One -Time Year 2 2012 Add'I FTE ❑ Add'I Space ❑ Priority 1
Costs:
Object
Object Description
Amount Requested
6110
Regular Salaries & Wages
$115
6140
Overtime
$30,000
6210
Retirement
$1,580
6230
Social Security
$2,305
6259
Worker's Comp-Interfund
$650
6269
Unemployment-Interfund
$150
6510
Tools & Equip
$101,443
6790
Travel -Other
$4,500
8301
Operating Transfer In
($140,743)
Request Total
$0
1a. Description of request:
The Department of Homeland Security (DHS) awarded Operation Stonegarden Program (OPSG)
FFY2011 funds of $757,963 to Whatcom County to enhance law enforcement's preparedness and
operational readiness along the international borders of the United States. Of this amount, the Sheriffs
Office allocation is $140,743: Overtime Wages & Benefits ($34,800), Mileage ($4,500), and Equipment
(Mobile Data Terminals $101,443).
1b. Primary customers:
Citizens of Whatcom County are the primary customers for this service through increased capability of
local law enforcement to secure the international border.
2. Problem to be solved:
Expenditure authority is required to begin work on project deliverables as contracted in this federal grant.
3a. Options / Advantages:
OPSG funds are awarded specifically for projects that will enhance law enforcement's preparedness and
operational readiness, projects that would otherwise have to be funded with local monies or eliminated.
3b. Cost savings:
Cost savings to Whatcom County Sheriff s Office is $140,743.00
4a. Outcomes:
Enhanced patrols will be completed and equipment purchased per contract specifications and timelines.
4b. Measures:
Whatcom County Sheriffs Office will purchase equipment and will schedule patrols per contract
specifications and timelines and will monitor outcomes using daily activity logs.
5a. Other Departments/Agencies:
Whatcom County Sheriffs Office Division of Emergency Management (DEM) administers this federal
grant.
Friday, April 20, 2012 Rpt: Rpt Suppl Regular
12
Supplemental Budget Request
Sheriff Administration
Supp7 [D # 9397 Fund 1 Cost Center Originator., Dawn Pierce
5b. Name the person in charge of implementation and what they are responsible for.
Undersheriff Jeff Parks will coordinate the project for the Sheriffs Office.
6. Funding Source:
Department of Homeland Security (DHS) Operation Stonegarden Program (OPSG) FFY2011.
Federal Grant Agreement #E12-248. CFDA No. 97.067
Friday, April 20, 2012
Rpt: Rpt Supp! Regular
13
WHATCOM COUNTY
SHERIFF'S OFFICE
SHERIFF BILL ELFO
DIRECTOR
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
DIVISION OF
EMERGENCY MANAGEMENT
DEPUTY DIRECTOR
DEYggh
F JIE MAILINGADDRESS
3888n Way 311 Grand Avenue
Bellia WABellingham, WA
98226 98225-4078
(360) 676-6681
MEMOF-oiCEIVED
To: Jack Louws, County Executive
APR 2 3 20112
From: Sheriff Bill Elfo, Director of Emergency Managemen JACK LOUWS
Subject: Supplemental Budget Request ID # 1399 COUNTY EXECUTIVE
Dept of Homeland Security, Operation Stonegarden Program (OPSG)
FFY2011 OPSG Contract # E12-248
Date: April 23, 2012
The attached Supplemental Budget Request seeks authority to expend $757,963 to be
reimbursed from the Dept of Homeland Security Operation Stonegarden Program grant.
• Background and Purpose
Whatcom County Sheriff's Office Division of Emergency Management has been awarded
$757,963 from the Dept of Homeland Security (DHS) Operation Stonegarden Program (OPSG)
for Federal Fiscal Year 2011. This grant flows from DHS through the Washington State Military
Department — Emergency Management Division to Whatcom County. This is the fourth year
that WCSO-DEM has received an Operation Stonegarden award.
DHS provides OPSG funds to enhance law enforcement preparedness and operational
readiness along international borders of the United States. In coordination with US Customs
and Border Protection/Border Patrol (CBP/BP), local law enforcement agencies will provide an
enhanced presence in the border area. Each agency will perform duties normal to its mission
while providing additional law enforcement "eyes and ears" in support of the Homeland Security
mission. Participating agencies will not enforce immigration laws on behalf of CBP/BP.
Grant funding through OPSG will be used for operational overtime and related mileage to field
enhanced patrols in the border area and for the purchase of equipment preapproved during the
application process. The participating agencies are the Blaine, Everson, Ferndale, Lynden, and
Sumas Police Departments, as well as the Whatcom County Sheriff's Office.
The performance period for this grant runs from September 1, 2011 through June 30, 2014.
• Funding Amount and Source
$757,963 from the Dept of Homeland Security FFY2011 Operation Stonegarden Program,
Contract # E12-248, Funding Source Agreement 2011-SS-00030-S01, CFDA 97.067 SHSP.
Please contact Undersheriff Jeff Parks or Frances Burkhart if you have questions regarding this
contract.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public1 Safety.
Supplemental Budget Request Status: Pending
Sheriff Emergency Management
Supp'l ID # 1399 1 Fund 167 Cost Center 16759 Originator. Frances Burkhart
Expenditure Type: One -Time Year 2 2012 Add'i FTE ❑ Add'i Space ❑ Priority 1
Name of Request: Operation Stonegarden FFY2011
x ��3 /�
Depa nt Head Signature (Required on Hard Copy Submission) Date
Costs:
Object
Object Description
Amount Requested
4333.8705
St Homeland Sec Grt Prg
($757,963)
7220
Intergov Subsidies
$617,220
8351
Operating Transfer Out
$140,743
Request Total
$0
1a. Description of request.
The US Department of Homeland Security FFY2011 Operation Stonegarden Program (OPSG) awarded
$757,963 to Whatcom County to enhance the cooperation and coordination among local, Tribal, State,
and Federal law enforcement agencies in a joint mission to secure the international borders of the United
States. In coordination with US Customs and Border Protection/Border Patrol (CBP/BP), local law
enforcement agencies will purchase approved equipment and field enhanced patrols to increase visible
presence and response capability along the border and around critical infrastructure, helping to deny entry
avenues, egress routes, and transportation hubs to criminal organizations seeking to smuggle narcotics,
humans, and terrorists and/or their instruments and weapons, and to reduce criminal activity in the border
area.
1b. Primary customers:
Citizens of Whatcom County, through the increased capability of local law enforcement to secure the
international border.
2. Problem to be solved:
Historically, Whatcom County has been a favored operational area for alien, drug, and weapons
smugglers due to its temperate climate and close proximity to Vancouver, BC, Canada, seaports,
international airports, and 1-5. The only known clandestine smuggling tunnel along the US/Canadian
border was discovered in Whatcom County. British Columbia is home to over fifty known organizations or
individuals associated with terrorism. Partnerships between federal, state, and local agencies have
always been a critical element of CBP/BP operations in Whatcom County. Operation Stonegarden
projects will strengthen these partnerships and improve border security through increased cooperation,
enhanced patrols, and additional support equipment.
3a. Options /Advantages:
OPSG funds are awarded specifically for projects that will enhance law enforcement's preparedness and
operational readiness, projects that would otherwise have to be funded with local monies or eliminated.
3b. Cost savings:
Whatcom County Sheriffs Office: $140,743. Other Whatcom County law enforcement agencies:
$617,220.
4a. Outcomes:
Enhanced patrols will be completed and equipment purchased per contract specifications and timelines.
4b. Measures:
Both Whatcom County and CBP/BP will monitor program projects and expenditures against contract
Monday, April 23, 2012 Rpt• Rpt Suppl Regular
15
Supplemental Budget Request status: Pending
Sheriff Emergency Management
Supp91D # 1399 Fund 167 Cost Center 16759 Originator: Frances Burkhart
deliverable.
5a. Other Departments/Agencies:
The Cities of Blaine, Everson, Ferndale, Lynden, and Sumas will increase patrols and/or purchase
equipment, helping to reduce criminal activity in their jurisdictions. Although receiving no OPSG funding,
CBP/BP will see enhanced coordination and cooperation with local law enforcement agencies in a joint
effort to secure the international border of Whatcom County.
5b. Name the person in charge of implementation and what they are responsible for.
Undersheriff Jeff Parks will coordinate projects for the Sheriff's Office. Each Police Chief will coordinate
projects for his specific jurisdiction. Charles Stephens, CBP/BP, will coordinate projects/patrols between
CBP/BP and participating local law enforcement agencies.
6. Funding Source:
Federal Grant: US Dept of Homeland Security FFY2011 Operation Stonegarden Grant Program, Contract
# E12-248, CFDA# 97.067 HSGP.
Monday, April 23, 2012
Rpt: Rpt Suppl Regular
16
WHATCOM COUNTY �GpM
EXECUTIVE'S OFFICE 3�P Gy<
County Courthouse
311 Grand Avenue, Suite #108
Bellingham, WA 98225-4082 9Sy�N�,fO
MEMO:
TO: Whatcom County Council
DATE: April 27, 2012
FROM: Jack Louws, County Executiv
RE: Conservation Futures 2012 Balance Transfer
Jack Louws
County Executive
Background and Purpose:
On January 7, 1992, Whatcom County passed Ordinance #92-002. This Ordinance
imposed a real property tax levy to be applied against all taxable real property within
Whatcom County. The tax levy established a special revenue fund known as the
Conservation Futures Fund as provided for in RCW 84.34.230.
Ordinance #92-002 states "The amounts placed in the Conservation Futures Fund shall
be used solely to acquire rights and interests in open space land,......... as such are
defined in Chapter 84.34 RCW, so as to protect, preserve maintain, improve, restore,
limit the future use of, or otherwise conserve the property for public use or enjoyment. "
In 2005, the State Legislature clarified, in RCW 84.34.240, the allowable uses of the
Conservation Futures Fund described as follows: "Amounts placed in this fund may be
used .....for the maintenance and operation of any property acquired with these funds.
The amount of revenue used for maintenance and operations of parks and recreational
land may not exceed fifteen percent of the total amount collected from the tax levied
under RCW 84.34.230 in the preceding calendar year." This clarified the limited amount
-�o� th nd that could be used for eligible park maintenance.
In 2008, Coun it adopted Budget Ordinance #2008-053 which included ASR #2009-
4497 allowing t� 15% transfer of $136,780 out of the Conservation Futures Fund to
Parks as allowable to fund maintenance of properties purchased with Conservation
Futures funds in the 2009-2010 biennium. This ASR coincided with the Parks &
Recreation ASR #2009-4281 which covered a series of reductions made to meet
budgetary targets.
In 2010, as part of the biennial budget process, Council adopted the following directive,
"Charge all eligible costs to grants and other funding sources prior to spending
Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 739-7555
undedicated General Fund resources." (Page 138, Section 4, Vol.1 2011-2012 County
budget). In direct response to that directive Whatcom County again budgeted an
amount equal to 15% of the 2010 Conservation Futures Fund levy to be utilized for
maintenance of eligible parks. The 2010 levy had been reduced from $958,218 down to
$429,829 as part of a levy shift to the General Fund. As a result, the Parks department
maintenance and operations funding had been reduced from $136,780 authorized in the
2010 budget down to $64,474 in the 2011 — 2012 budget. Council's reinstatement of
the 2011 levy to its previous fully funded position makes an allowable transfer amount of
$146,709 available to fund maintenance and operations of the Conservation Futures
Fund Park's properties.
Funding Amount and Source:
This $82,235 supplemental request is the difference between the $146,709 amount
allowed by RCW 84.34.240 and -the amount currently budgeted during the biennial
budget process. This additional transfer From the Conservation Futures Fund will offset
labor and other costs related to maintenance and oversight of park properties
purchased with Conservation Futures Funds as allowed and described in RCW
84.34.230 and adopted in Ordinance 92-002 in January, 1992.
Utilizing this allowable restricted revenue source will reserve General Fund dollars for
other County priorities, as per Council directive in 2010. 1 recommend approval of the
this transfer, and would like to engage Council in discussion concerning the 2010
directive as we develop the next budget biennium.
Me
RCW 84.34.240
Acquisition of open space, etc., land or rights to future development by certain entities — Conservation futures fund
—Additional requirements, authority.
Conservation futures are a useful tool for counties to preserve lands of public interest for future generations. Counties
are encouraged to use some conservation futures as one tool for salmon preservation purposes.
(1) Any board of county commissioners may establish by resolution a special fund which may be termed a
conservation futures fund to which it may credit all taxes levied pursuant to RCW 84.34.230. Amounts placed in this
fund may be used for the purpose of acquiring rights and interests in real property pursuant to the terms of RCW
84.34.210 and 84.34.220, and for the maintenance and operation of anv propertv acauired with these funds. The
Revenues from this tax may. not be used to supplant existing maintenance and operation funding. Any rights or
interests in real property acquired under this section must be located within the assessing county. Further, the county
must determine if the rights or interests in real property acquired with these funds would reduce the capacity of land
suitable for development necessary to accommodate the allocated housing and employment growth, as adopted in
the countywide planning policies. When actions are taken that reduce capacity to accommodate planned growth, the
jurisdiction shall adopt reasonable measures to increase the capacity lost by such actions.
(2) In counties greater than one hundred thousand in population, the board of county commissioners or county
legislative authority shall develop a process to help ensure distribution of the tax levied under RCW 84.34.230, over
time, throughout the county.
(3)(a) Between July 24, 2005, and July 1, 2008, the county legislative authority of a county with a population
density of fewer than four persons per square mile may enact an ordinance offering a ballot proposal to the people of
the county to determine whether or not the county legislative authority may make a one-time emergency reallocation
of unspent conservation futures funds to pay for other county government purposes, where such conservation futures
funds were originally levied under RCW 84.34.230 but never spent to acquire rights and interests in real property.
(b) Upon adoption by the county legislative authority of a ballot proposal ordinance under (a) of this subsection the
county auditor shall: (i) Confer with the county legislative authority and review any proposal to the people as to form
and style; (ii) give the ballot proposal a number, which thereafter shall be the identifying number for the proposal; (iii)
transmit a copy of the proposal to the prosecuting attorney; and (iv) submit the proposal to the people at the next
general or special election that is not less than ninety days after the adoption of the ordinance by the county
legislative authority.
(c) The county prosecuting attorney shall within fifteen working days of receipt of the proposal compose a concise
statement, posed as a positive question, not to exceed twenty-five words, which shall express and give a true and
impartial statement of the proposal. Such concise statement shall be the ballot title.
(d) If the measure is affirmed by a majority voting on the issue it shall become effective ten days after the results
of the election are certified.
(4) Nothing in this section shall be construed as limiting in any manner methods and funds otherwise available to a
county for financing the acquisition of such rights and interests in real property.
[2005 c 449 § 2; 1971 ex.s. c 243 § 5.]
19
WHAT
COM COUNTY CoUNCr' AGENDA BILL
low
CLEARANCES initial Date Date Received In Council Office:
originator- Executive Office l
Division Head -
Department Head -
Prosecutor Review-
Purchasing/Budget Dir,
Executive -
SUBJECT:
Conservation Futures Property Tax Levy Ordinance
ATTACHMENTS. -
Proposed Ordinance
NO. 91-470
Agenda Date Assigned To:
12 17 91 Council Intro
1/7/91 Council -hearing
Public Hearing Needed? Yes/ff—IN61-1
SUMMARY STATEMENT.
The proprosed Conservation Futures Property Tax Levy of six and one -quarter cents per thousand dollars
of assessed valuation would be imposed county -wide for purchase of open space land, farm and
agricultural land and timber land so as to protect, preserve, maintain, improve, restore, limit the future
use of, or otherwise conserve the property for public use or enjoyment. The tax would generate
approximately $350,000 in 1993. The Natural Heritage Task Force, Parks and Recreation Board and
Executive Office all support this levy.
ORIGINATOR'S RECOMMENDED ACTION,
Pass as recommended.
COMMITTEE ACTION (including dates).
COUNCIL ACTION (including dates):
1/7/92: Passed 4-3.
Related File Numbers: Ordinance or Resolution Number.• 092-002
NEI
ConsFut.Tax RrMOI„ ICED BY: Consent
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PROPOSED BY: Executive
DATE: December 9. 1991
ORDINANCE NO. 92-002
IMPOSITION OF CONSERVATION FUTURES
PROPERTY TAX LEVY AND
CREATION OF FUND
WHEREAS, the Whatcom County Council considers adequate provision of open
space and the conservation of farm and timber land to be essential to the quality of life
in Whatcom County; and
WHEREAS, open space, farm and agricultural lands, and timber lands are
becoming depleted as urban growth pressures increase; and
WHEREAS, the property tax levy authorized by RCW 84.34.230 provides a
reliable and predictable funding source to assist in acquiring interests in open space,
wetlands, farm and agricultural land, and timber land in both the unincorporated and
incorporated portions of Whatcom County;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
pursuant to RCW 84.34.230, there is hereby imposed a real property tax levy to be
applied against all taxable real property within Whatcom County. The levy shall be
applied at a rate of six and one -quarter cents per thousand dollars of assessed valuation.
A special revenue fund shall be established , as provided for in RCW 84.34.240, which
shall be known as the Conservation Futures Fund and to which shall be credited all taxes
levied pursuant to this ordinance. The Executive Office shall act as manager of the
Fund.
The amounts placed in the Conservation Futures Fund shall be used solely to acquire
rights and 'interests in open space land, farm and 4gricultural land, and timber land, as
such are defined in Chapter 84.34 RCW, so as to protect, preserve, maintain, improve,
restore, limit the future use of, or otherwise conserve the property for public use or
enjoyment. No revenue generated by this tax shall be used for the acquisition of any
real property or interest in real property through the use of eminent domain.
21
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ConsFut.Tax - page 2 -
The Conservation Futures Tax Levy established herein shall begin for the 1992 levy to be
collected for the 1993 tax year.
ADOPTED this
ATTEST:
7th day of January, 1992:
amacotvz'�
Ramona Reeves, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASMNGTON
(a'(4
Daniel M. Warner, Chairman
10
(vjApproved () Denied
Shirley Van Zante4 Execu e
Date: //��
22
WHATCOM COUNTY �GpM Cp
EXECUTIVE'S OFFICE 3�P
County Courthouse
311 Grand Avenue, Suite #108
Bellingham, WA 98225-4082 9S~N�'CO
MEMORANDUM
To: Whatcom County Council Members ,�,.s
From: Suzanne Mildner, Grants Coordinator h
Subject: Supplemental Budget Request for EDI Program funding
Date: April 24, 2012
Jack Loms
County Executive
At the Council's regular meeting on April 10th, the County Council adopted the EDI
Board's recommendations to provide funding through the EDI Program for the following
two projects:
1) PUD#1's Foothills Broadband; and
2) City of Everson's Mission Road Improvements project.
Both of these projects will provide for business expansion, capital improvements and
new jobs to our community. Attached are the two Supplemental Budget Requests that
will accommodate this funding.
An Interlocal Grant Agreement with the Whatcom County PUD#1, as well as an
Interlocal Loan and Grant Agreement with the City of Everson, will be presented to the
County Council for approval in May, contingent upon the approval of these
supplemental funding requests. The funding source for both agreements is the Public
Utilities Improvement Fund.
If you have any questions on this matter, please feel free to contact me.
/Attachments
Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 733555
Supplemental Budget Request Status: Pending
Executive
Supp'l ID # 1401 Fund 332 Cost Center 332,222 Originator. Suzanne Mildner
Expenditure Type: One -Time Year 2 2012 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request. City of Everson Mission Road Improvements
X�I_ v___�
Departme Head-ature (Required on Hard Copy Submission) Date
Costs: ; Object Object Description Amount Requested
2910.1000 Fund Balance ($499,350)
7220 Intergov Subsidies $499,350
Request Total $0
1a. Description of request.
Supplemental budget request for an EDI Program loan and grant to the City of Everson in support of their
public works project, known as the Mission Road Improvements and Utility Extensions.
1b. Primary customers:
City of Everson and Whatcom County
2. Problem to be solved.
The EDI Board's recommendation to fund this project was approved by the County Council on April 10,
2012. The funding request is for a combination of loan and grant monies which will fund, in part, water
and utility infrastructure capital improvements for the Mission Road Improvements, Phase 3 project, which
will extend utility services to the City's southern light industrial area. The loan and grant amounts are
evenly split: $249,675 each.
3a. Options /Advantages:
This EDI program funding will provide a portion of the funding for this project. Other funding sources are
City of Everson, Port of Bellingham and a State TIB grant.
3b. Cost savings:
N/A
4a. Outcomes:
This extension of Mission Road and utilities has been a City of Everson goal for many years as part of
their effort to better serve the area, encouraging growth in the industrial area and retaining existing jobs.
This project is expected to be completed by Fall 2012.
.4b. Measures:
Completion of utility improvements.
5a. Other Departments/Agencies:
N/A
5b. Name the person in charge of implementation and what they are responsible for:
6. Funding Source:
Public Utilities Improvement Fund
Tuesday, April 24, 2012
Rpt: Rpt Suppl Regular
24
Supplemental Budget Request Status: Pending
Executive
Supp'l 1D # 14o2 fund 332 Cost Center 332223 Originator. Suzanne Mildner
Expenditure Type: One -Time Year 2 2012 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request. PUD#1 Foothills Broadband
X : ��
Department ad Signa (Required on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
2910.1000 Fund Balance ($217,500)
7220 Intergov Subsidies $217,500
Request Total s0
1a. Description of request:
Supplemental budget request for an EDI Program grant to Whatcom County PUD #1 in support of the
"Foothills Broadband" project-, a project to build a wireless communications system to serve areas in east
Whatcom County.
1b. Primary customers:
Eastern Whatcom County_ Maple Falls, Glacier, North Columbia Valley, Silver Lake and South Fork Valley
areas. ,
2. Problem to be solved:
The EDI Board's recommendation to fund this project was approved by the County Council on April 10,
2012. The fund request is for a grant to provide the local match for a federal BTOP (Broadband
Technology Opportunities Program) grant for the planning, design and construction of a wireless
communication system that will be owned by the Whatcom County PUD#1. The PUD will operate and
maintain the system.
3a. Options / Advantages:
NoaNet, a not for profit agency in Washington, will provide 70% of the project cost through the federal
BTOP grant. This EDI grant will provide the required local match for the grant.
3b. Cost savings:
N/A
4a. Outcomes:
Construction of this wireless system will provide a system that can then be leased by private sector ISP's
and cellular service providers to provide retail high speed broadband services and celluular services at
market rates to residents, businesses, and government agencies. Expected completion by Summer 2013.
4b. Measures:
Success will be measured by the existence of a workable and affordable high speed internet system,
covering approximately 90% of the populated area between Maple Falls, Glacier and the South Fork area.
5a. Other Departments/Agencies:
NoaNet, a non-profit public agency, will lead in the construction of this project under the terms of a sub-
contract with the PUD #1.
5b. Name the person in charge of implementation and what they are responsible for:
Steve Jilk is the General Manager of the PUD #1, overseeing the project implementation by NoaNet.
6. Funding Source:
Public Utilities Improvement Fund
Tuesday, April 24, 2012 Rpt: Rpt Suppl Regular
25
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2012-174
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
j� E C E � n E D
w v
MAY 14 2012
WHATCOM COUNTY
COUNCIL
5122112
FinancelCounc
Division Head:
Dept. Head.
S o J z
Prosecutor:
Purchasin Bud et:
I A A
Executive:
TITLE OF DOCUMENT: r of Agreement between Friends of Sunset Farm Park and Whatcom County Parks
& Recreation Depa t nt
ATTACHMENTS: Letter of Agreement
SEPA review required? ( ) Yes (X ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
Requested Date:
SUMNIARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must
provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining
the intent of the action.)
Request approval for the County Executive to enter into a letter of agreement with the Friends of Sunset Farm
to assist in the ongoing maintenance, operation and support of Sunset Farm Park.
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.
c
WHATCOM COUNTY
PARKS & RECREATION DEPT.
3373 Mt. Baker Highway
Bellingham WA 98226
MEMORANDUM
TO: Jack Louws, County Executive
FROM: Michael McFarlane, Director
RE: Letter of Agreement for Friends of Sunset Farm
DATE: May, 7, 2012
Michael McFarlane]
Director
MAY 0 8 2012
JACK LOUWS
COUNTY EXECUTIVE
Enclosed are two (2) originals of a letter of agreement between Whatcom County and the
Friends of Sunset Farm for your review and signature.
■ Background and Purpose
The Friends of Sunset Farm formed in 2010 to help support and make improvements to
Sunset Farm Park in collaboration with the Parks & Recreation Department. Specifically,
this group has assisted in the operation and maintenance of the equestrian activities and
amenities at the park maintaining the jumping course and arena. This Letter of Agreement
formalizes the arrangement for ongoing support.
■ Funding Amount and Source
There are no costs associated with the Letter of Agreement. The Friends are allowed to
hold events and seminars at no charge to help raise funds to make improvements at the
Park. Funds are held by the Friends or deposited with the Whatcom Parks & Recreation
Foundation in a specially designated fund for the facility.
Please contact Michael McFarlane at extension 32072 if you have any questions or
concerns regarding the terms of this agreement.
Encl.
27
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
a 0 1 a 05 00(10
Originating Department:
Parks & Recreation
Contract Administrator:
Erik Axelson
Contractor's /A ency Name:
Friends of Sunset Farm
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
$10, 000, whichever is greater, must also go to Council and will need an agenda bill
This Amendment Amount:
$
and supporting memo. If less than these thresholds, just submit to Executive with
Total Amended Amount:
supporting memo for approval.
$
Scope of Services
This agreement formalizes the process for the Friends of Sunset Farm to
provide volunteer and funding support for Sunset Farm Park.
Term of Contract: I year with annual
Expiration Date: Ongoing with renewal approval
renewal option.
Contract Routing Steps & Signo{L[sien or initiall
[indicate date transmitted)
1. Prepared by: mgm
Date 517112 [electronic]
2. Attorney reviewed:
Date [electronic]
3. AS Finance reviewed:
Date electronic]
4. IT reviewed if IT related
Date — [electronic]
5. Corrections made:
Date electronic] hard copy printed
6. Attorney signoff
S31,f
Date
7. Contractor signed:
,/
Date $--3-/2
8. Submitted to Exec Office ,s
Date 3 -$-12. [summary 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
this form may need to expand to more than one page
r:
COUNTY ORIGINAL
LETTER OF AGREEMENT
Between
Friends of Sunset Farm Park
And
Whatcom County Parks Est Recreation
h ` 1 jam= o-. a Y "
CON
aoi Qos oo6
I. Purpose. The Friends of Sunset Farm ("Friends") was formed on May 17, 2010 to assist Whatcom
County Parks & Recreation ("County Parks") by supporting, maintaining, and fundraising for the
Whatcom County public park known as Sunset Farm Park ("Sunset Farm"), located at 7981 Blaine Road,
Blaine, Washington 98230.
II. Friends of Sunset Farm agrees to:
Provide a liability insurance policy that covers the unsupervised public use of the cross country
jumps that are owned by Friends, and located at Sunset Farm. In the event that Friends is unable
to obtain liability insurance for any reason, Friends agrees that upon expiration of current policy
to immediate render the jumps unusable (by draining the water jump and moving the portable
jumps in such a manner as to block access to permanent jumps). And remove the cross country
jumps from Sunset Farm within thirty (30) days.
?. Inspect and maintain cross country jumps and arena in a safe condition.
Ensure that the open grass areas of Sunset Farm are mowed at least twice per growing season.
Friends may arrange for part or all of the mowings to be done by a contractor for purposes of
taking hay or silage. If a contractor is used, Friends shall notify County Parks with the name and
scheduled dates of work and forward proof of insurance acceptable to the Whatcom County Risk
Manager.
4. Pay for any water usage during the main season of use (April -October) that is above the basic
usage of rental tenants. This has typically been any amount over $50.00 per two -month billing
cycle and may be amended as needed directly between the renters and Friends.
5. Pay for materials needed to maintain Sunset Farm, i.e., paint, lumber, fencing for repairs to arena,
paddock and round pen to include sand and fine crushed gravel used for footing repair.
6. Organize various work parties on an "as needed" basis for trail clean-up, weed abatement,
painting fences, cross country jump maintenance, and the like.
29
Letter of Agreement
Friends of Sunset Farm and Whatcom County Parks & Recreation
Page 2
7. Maintain a publicly available schedule (currently on Friends website
www.friendsofsunsetfarm.orc, ) of County Parks -approved special events, as well as scheduled
volunteer activities such as work parties. The goal is for this schedule to be an initial point of
contact for park users and equestrians on events and activities occurring at Sunset Farni.
8. Not make any improvements to the site without prior authorization of County Parks.
III. Whatcom County Parks & Recreation agrees to:
1. Acknowledge the Friends as the primary volunteer group that is providing fundraising,
maintenance, and improvements to Sunset Farm and link to the Friends website.
2. Allow Friends to collect user fees from organizers of special events where Friends prepare,
maintain and restore riding areas and Friends equipment and structures are being used for such
events. All special event applications are to be forwarded by Friends to County Parks for review
and approval. User fees collected by the Friends are in addition to any legally required facility
rental fees required by County Parks, and are to be used to help fund insurance, maintenance, and
other improvement costs for Sunset Farm_
3. Permit Friends to solicit donations both directly and indirectly through the Whatcom County
Parks and Recreation Foundation.
4. Friends will not be charged facility rental fees for their events and programs, however, Friends are
responsible for all other costs associated with their activities.
5. Friends will be permitted to maintain their 12x16 storage building onsite for purposes of storing
needed equipment and supplies. Friends will maintain proper liability insurance for the building
and contents.
6. Whatcom County is not responsible for any loss or damage to Friends building, equipment or
materials.
7. Provide technical assistance to the Friends as available with permitting, planning and
improvement projects. Staff will work with Friends to provide storage space for items associated
with the maintenance and operation of Sunset Farm.
IV. Accounting. Friends shall provide an annual report to County Parks, itemizing all funds taken in, as
well as source and application of funds. Such annual report shall be delivered not later than January 31st
of each succeeding year.
W
Letter of Agreement
Friends of Sunset Farm and Whatcom County Parks & Recreation
Page 3
V. Term of Agreement. This Agreement shall be for a term of one (1) year and may be renewed annually
thereafter. Friends and County Parks shall consult on a quarterly basis and maintain communications
about the state of the Agreement and operations at Sunset Farm. Both parties shall meet annually at the
conclusion of the calendar year to review developments and future opportunities. This Agreement may
be terminated by either party upon sixty (60) days written notice.
VI. Amendment. The Agreement may be amended upon written approval by both parties. Nothing in
this agreement prohibits County Parks from making improvements to the site.
VII. Extraordinary Circumstances. Both parties acknowledge that an extraordinary circumstance
such as the incapacity of a board member of Friends may render the organization less able to discharge
the responsibilities under this Agreement. Friends stipulates that it will immediately inform County
Parks of any such extraordinary circumstance within ten (10) days.
VIII. Notice. All notices under this Agreement shall be made in writing or by e-mail to the following:
Friends of Sunset Farm Whatcom County Parks S Recreation
Robbie Harris Erik Axelson, Operations Manager
3800 Bay Road 3373 Mt. Baker Highway
Ferndale WA 98248 Bellingham WA 98226
info,�,friciidsofsunsetfarm.orQ Eaxelson 11)co.whatcom.wa.Lis
AGR , and signed by the parties:
A
President, Friends of Sunset Farm
STATE OF WASHINGTON)
) ss.
COUNTY OF WHATCOM )
Date:
On this d-A day of , 2012, before me personally appearedy 1,r E�S fn CMO(S
and to me known to be the individual(s) described in and who executed the
within and foregoing instrument, and acknowledges that they signed the same as their free and voluntary
act and deed, f6&,tboinsgh�and purposes therein mentioned.
,•��`�G?tRI S V
Given unr@l��'e}al seal this day of /' 2012. d�r
4' TA ..
•o ;
•' ° rn
NOTARY PUBLIC in and for the State of Washington,
AS OF-W---- residing at Cu:h� W
"nn,,,11110%` My Commission expires: q as—wc� L S
31
Letter of Agreement
Friends of Sunset Farm and Whatcom County Parks Est Recreation
Page 4
WHATCOM COUNTY
Jack Louws, County Executive
STATE OF WASHINGTON)
) ss.
COUNTY OF WHATCOM)
On this day of , 2012, before me personally appeared .LACK LOUWS, to me known to be
the County Executive of WHATCOM COUNTY and who executed the above instrument and who
acknowledged to me the act of signing and sealing thereof.
Given under my hand and official seal this day of , 2012.
NOTARY PUBLIC in and for the State of Washington,
residing at
My Commission expires:
WHATCOM COUNTY PARKS & RECREATION
91
APPROVED AS TO FORM:
eputy Prosecut' a Attorne
1 WFhfgad-ie, Dikector
C
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-175
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Ass i ned to:
Originator:
S ) I Z
F�l IJ �Q (� D
Il VV LS
MAY 14 2012
5/22/2012
Fin/Council
Division Head:
Dept. Head:
� � � ' � a--
wHA uNnr
Prosecutor:
�. - 3 _ � L
COUNCIL
Purchasing/Budget:
2
?j
Executive:
TITLE OF DOCU
rton�egarden),
FFY2011 Operatto Contract # E12-248
ATTACHMENTS:
Supporting Memo Two (2) copies of the FFY2011 OPSGContract
Whatcom County Contract Information Sheet
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.)
FFY2011 Operation Stonegarden (OPSG) provides funding to enhance the cooperation and coordination among
local, Tribal, State, and Federal law enforcement agencies in a joint mission to secure the international borders of
the United States.
Award amount: $757,963
Funding Authority: US Department of Homeland Security and Washington State Military Department
Contract # E12-248. Federal Funding Source Agreement # 2011-SS-00030-SO1. CFDA # 97.067 SHSP.
COMMITTEEACTION.
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at. www.co.whatcom.wa.us/council.
33
WHATCOM COUNTY DIVISION OF
SHERIFF'S OFFICE ,�' EMERGENCY MANAGEMENT
SHERIFF BILL ELFO KENT CATLIN
DIRECTOR DEPUTY DIRECTOR
PUBLIC SAFETY BUILDING MAILING ADDRESS
311 Grand Avenue 311 Grand Avenue
Bellingham, WA 98225 4078 RECEIVED81 Office078
18 Fax
MAY 4 - 2012
MEMO JACK UW
Xtf P
COUN EC T
To: Jack Louws, County Executive r
From: Sheriff Bill Elfo, Director of Emergency Management
Subject: Department of Homeland Security, Operation Stonegarden Program
FFY2011 OPSG Contract # E12-248
Date: May 1, 2012
Enclosed is the contract between Whatcom County Sheriff's Office Division of Emergency
Management (WCSO-DEM) and the Washington State Military Department Emergency
Management Division.
• Background and Purpose
Whatcom County Sheriff's Office Division of Emergency Management has been awarded $757,963
from the Dept of Homeland Security (DHS) Operation Stonegarden Program (OPSG) for Federal
Fiscal Year 2011. This grant flows from DHS through the Washington State Military Department to
Whatcom County. This is the fourth year that WCSO-DEM has received an Operation Stonegarden
award.
The US Dept of Homeland Security supports programs designed to enhance local jurisdictions'
capability to prevent, protect against, respond to, and recover from terrorist attacks and other major
disasters. The DHS FFY2011 Operation Stonegarden Program provides funds to enhance the
cooperation and coordination among local, Tribal, State, and Federal law enforcement agencies in
a joint mission to secure the international borders of the United States. This funding will be used for
operational overtime and related mileage and for the purchase of equipment pre -approved during
the application process. The participating agencies are the Blaine, Everson, Ferndale, Lynden,
and Sumas Police Departments, as well as the Whatcom County Sheriff's Office.
-rhe performance period for this grant runs from September 1, 2011 through June 30, 2014.
• Funding Amount and Source
$757,963 from the Dept of Homeland Security FFY2011 OPSG, Contract # E12-248,
Funding Source Agreement 2011-SS-00030-S01, CFDA 97.067 SHSP.
Please contact Undersheriff Jeff Parks or Frances Burkhart if you have any questions or concerns
regarding this contract.
Our Vision: The Office of Sheriff : Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety.
34
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
ao>a oSOo
Originating Department:
Sheriff's Office — Division of Emergency Management
Contract Administrator:
Jeff Parks
Contractor's / Agency Name:
Washington State Military Department
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes _X No Yes No If yes, previous number(s):
Is this a grant agreement?
Yes X_ No If yes, grantor agency contract number(s) E12-248 CFDA # 97.067 - HSGP
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? Contract
Yes No _X_ If yes, RFP and Bid number(s) Cost Center:
Is this contract excluded from E-Verify? No Yes —X_ If no, include Attachment D Contractor Declaration Form
If yes, indicate qualified exclusion(s) below:
— Contract less than $100,000. — Professional services agreement for certified/licensed professional
_ Work is for less than 120 days — Contract for Commercial off the shelf items (COTS)
—X— Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA
Contract Amount:(sum of orig contract amt and any prior
If a Professional Services Agreement is more than $15,000 or a Bid is
amendments)
more than $35,000, please submit an Agenda Bill for Council approval
$ 757,963.00
and a supporting memo. Any amendment that provides either a 10%
This Amendment Amount:
increase in amount or more than $10,000, whichever is greater, must
$
also go to Council and will need an agenda bill and supporting memo. If
Total Amended Amount:
less than these thresholds, just submit to Executive with supporting
$
memo for approval.
Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary]
To enhance the cooperation and coordination among local, Tribal, State, and Federal law enforcement agencies in a joint
mission to secure the international borders of the United States.
Funding for this contract is provided by the US Dept of Homeland Security Operation Stonegarden Program for Federal
Fiscal Year 2011.
Term of Contract:
Expiration Date: June 30, 2014
Contract Routing Steps & Signoff. [sign or initial] [indicate date transmitted]
1. Prepared by S
Date
S' - - I Z [electronic]
2. Attorney reviewed
Date
[electronic]
3. AS Finance reviewed wuv
Date
[electronic]
4. IT reviewed if IT related
Date
[electronic]
5. Corrections made
Date
[electronic] hard copy printed
6. Attorney signoff
Date
7. Contractor signed
Date
8. Submitted to Exec Office ✓
Date 5 N -g- [summary via electronic; hardcopies]
9. Council approved (if necessary)
Date
10. Executive signed
Date
11. Contractor Original Returned to dept.
Date
12. County Original to Council
Date
Last Revised 1 / 19/ 12
35
cOUNTY ORIGINAL
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE
n e A N
I
a^O-5 00� I
SHE
1. Sub -grantee Name and Address:
2. Grant Agreement Amount:
3. Grant Agreement Number:
Whatcom County Sheriff's Office
Division of Emergency Management
$757,963
E12-248
311 Grand Avenue
Bellingham, WA 98225
4. Sub -grantee Contact, phone number:
5. Grant Agreement Start Date:
6. Grant Agreement End Date:
Frances Burkhart, 360-778-7161
September 1, 2011
June 30, 2014
fburkhar@co.whatcom.wa.us
7. Department Program Manager, phone:
8. Data Universal Numbering System (DUNS):
9. UBI # (state revenue):
Sierra Wardell, 253-512-7121
Sierra.wardell@mil.wa.gov
060044641
600-358-208
10. Funding Authority:
Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Source
12. Department Funding Code (PI):
13. Catalog of Federal Domestic
14. TIN:
Agreement #:
713GA
Assistance (CFDA) # & Title:
91-6001383
2011-SS-00030-S01
97.067 - HSGP
15, Service Districts:
16. Service Area by County(ies):
17. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 39,40,42
Whatcom County
Certified?: X N/A ❑ NO
(BY CONGRESSIONAL DISTRICT): 2
❑ YES, OMWBE #
18. Agreement Classification
19. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't
❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ A/E ❑ Other
❑ Intergovernmental (RCW 39.34) ❑ Interagency
20. Sub -Grantee Selection Process:
21. Sub -Grantee Type (check all that apply)
X "To all who apply & qualify' ❑ Competitive Bidding
❑ Private Organization/Individual ❑ For -Profit
❑ Sole Source ❑ A/E RCW ❑ N/A
X Public Organization/Jurisdiction X Non -Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES El NO
❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. PURPOSE:
Provide U.S. Department of Homeland Security (DHS) FY 2011 Homeland Security Grant Program (HSGP) funds to
enhance the ability of state, local, and tribal governments to prevent, protect against, respond to, and recover
from terrorist attacks and other disasters. The HSGP is comprised of five interconnected grant programs: State
Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden (OPSG), Metropolitan Medical
Response System, and Citizen Corps Program. Through OPSG, funding enhances the cooperation and
coordination among local, Tribal, State, and Federal law enforcement agencies in a joint mission to secure the
United States' borders along routes of ingress from international borders to include travel corridors in States
bordering Mexico and Canada, as well as States and territories with international water borders.
IN WITNESS WHEREOF, the Department and Sub -Grantee acknowledge and accept the terms of this Grant Agreement, including all
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and
Conditions (Exhibit B); Scope of Work (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits
and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and
govern the rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the
subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Scope of Work
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the grant agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE SUBGRANTEE:
Signature Date Signature Date
James M. Mullen, Director Jack Louws, County Executive
Emergency Management Division
Washington State Military Department
APPROVED AS TO FORM (i applicable):
APPROVED AS TO FORM:
Brian E. Buchholz, (Signature on file) 7/25/2011
Applicant's Legal iew Date
Assistant Attorney General
Form 10/27/10 wjg
DHS-FEMA-HSGP-FFY 11
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36
WHATCOM COUNTY:
Approved by Department Head:
ill EI atcom County Sheriff
Approved as to Form:
andy Watts, C Civil eputy Prosecutor
Approved:
Jack Louws, County Executive
STATE OF WASHINTON)
) ss.
COUNTY OF WHATCOM)
On this day of , 2012, before me personally appeared JACK LOUWS, to
me known to be the County Executive of WHATCOM COUNTY and who executed the above
instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of Washington,
Residing at
My commission expires
DHS-FEMA-HSGP-FFY 11 Page la of 24 Whatcom County Sheriffs Office - DEM
37
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I -- KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Grant Agreement. Any substitution of key personnel by either party shall be made by written
notification to the current key personnel.
SUB -GRANTEE
MILITARY DEPARTMENT
Name
Frances Burkhart
Name
Sierra Wardell
Title
Program Specialist
Title
OPSG Program Manager
E-Mail
fburkhar@co.whatcom.wa.us
E-Mail
Sierra.wardell@mil.wa.gov
Phone
360-778-7161
Phone
253-512-7121
Name
Jeff Parks
Name
Olivia Hollowwa
Title
Undersheriff
Title
OPSG Program Coordinator
E-Mail
jparks@co.whatcom.wa.us
E-Mail
Olivia.hollowwa@mil.wa.gov
Phone
360-668-6650
Phone
253-512-7149
Name
Name
Dalton Gamboa
Title
Title
OPSG Program Assistant
E-Mail
E-Mail
Dalton.gamboa@mil.wa.gov
Phone
I Phone
253-512-7044
ARTICLE II -- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Sub -grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable
to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -
Profit Organizations (formerly OMB Circular A-110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for
Non -Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of
States, Local Governments and Non -Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non -Federal sources. The Sub -grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non -Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: "Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons." However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
DHS-FEMA-HSGP-FFY 11
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Whatcom County Sheriffs Office-DEM
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existing program agreements. Non -governmental entities are also subject to this prohibition
per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2.
5. The Sub -grantee shall comply with all applicable federal laws, regulations and
guidance referenced in the "Fiscal Year 2011 Homeland Security Grant Program
Guidance and Application Kit, Section I — Application and Review Information, May
2011" and "Fiscal Year 2011 GPD Preparedness Grant Programs Guidance and
Application Kit Section II — Award Administration Information" which can be found at
http://www.fema.gov/govemment/grant/hsgp/indexl l.shtm#3 and are hereby incorporated in
and made a part of this Agreement.
6. The Sub -grantee shall comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-
282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and
Attachment #1 attached to and made a part of this Agreement.
ARTICLE III — REIMBURSEMENT/INVOICING PROCEDURES
1. The Sub -grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub -grantee agrees that it will not hold the Department,
the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Grant
Agreement prior to distribution of appropriated federal funds.
2. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement
amount, travel, sub -contracts, salaries and wages, benefits, printing, equipment, and other
goods and services or other budget categories will be reimbursed on an actual cost basis
unless otherwise provided in this Grant Agreement. Any travel or subsistence
reimbursement allowed under the Grant Agreement shall be paid in accordance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at http://www.gsa.gov without prior written
approval by Department key personnel.
3. Receipts and/or backup documentation for any approved budget line items including travel
related expenses that are authorized under this Grant Agreement must be maintained by
the Sub -grantee and be made available upon request by the Department, and local, state,
or federal auditors.
4. The Sub -grantee will submit reimbursement requests to the Department by submitting an
State Form A-19 Invoice form and a completed reimbursement spreadsheet (in the format
provided by the Department) detailing the expenditures for which reimbursement is sought.
Reimbursement requests shall be submitted to the Department's key personnel and must
be submitted no more frequently than monthly; and it is required that invoices be submitted
at least bi-annually.
5. All work under this Grant Agreement must end on or before the Grant Agreement End
Date, and the final reimbursement request must be submitted to the Department within 45
days after the Grant Agreement End Date. The maximum amount of all reimbursement
requests permitted to be submitted under this Grant Agreement, including the final
reimbursement request, is limited to and shall not exceed the total Grant Agreement
Amount.
6. No equipment or supply costs will be reimbursed until the related equipment/supplies have
been received by the Sub -grantee and invoiced by the vendor.
7. Requests for reimbursement of equipment purchases must include a copy of the vendor's
invoice and packing slip or a statement signed and dated by the Sub -grantee's
authorized representative that states "all items invoiced have been received in good
working order, are operational, and have been inventoried according to contract and local
procurement requirements".
DHS-FEMA-HSGP-FFY 11 Page 3 of 24 Whatc orn County Sheriffs Office-DEM
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8. Failure to timely submit complete reports and reimbursement requests as required by this
Grant Agreement (including but not limited to those reports in the Milestone Timeline) will
prohibit the Sub -grantee from being reimbursed until such complete reports and
reimbursement requests are submitted and the Department has had reasonable time to
conduct its review.
9. Final reimbursement requests will not be approved for payment if the Sub -grantee is not
current with all reporting requirements contained in this Grant Agreement.
ARTICLE IV — REPORTING REQUIREMENTS
1. The Sub -grantee shall submit bi-annual progress reports as indicated in the Milestone
Timeline.
2. The Sub -grantee shall submit a final report describing completed activities under this Grant
Agreement within 45 days of Agreement End Date.
ARTICLE V — EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub -grantee or a contractor, will
be recorded and maintained in the Sub -grantee's equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub -grantee, or a recognized sub -
recipient for which a contract, sub -Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub -grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub -grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub -grantee shall maintain equipment records that include: a description of the
property; the manufacturer's serial number, model number, or other identification number;
the source of the equipment, including the Catalogue of Federal Domestic Assistance
(CFDA) number; who holds title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition data including the date
of disposal and sale price of the property.
4. Records for equipment shall be retained by the Sub -grantee for a period of six years from
the date of the disposition, replacement or transfer. If any litigation, claim, or audit is
started before the expiration of the six year period, the records shall be retained by the
Sub -grantee until all litigation, claims, or audit findings involving the records have been
resolved.
5. The Sub -grantee shall take a physical inventory of the equipment and reconcile the results
with the property records at least once every two years. Any differences between
quantities determined by the physical inspection and those shown in the records shall be
investigated by the Sub -grantee to determine the cause of the difference. The Sub -grantee
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
6. The Sub -grantee shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage or theft shall be investigated
and a report generated and sent to the Department.
7. If the Sub -grantee is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return.
8. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
DHS-FEMA-HSGP-FFY 11 Page 4 of 24 Whatcom County Sheriffs Office-DEM
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Ell
a. Items of equipment with a current per -unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Sub -grantee with no further obligation to
the awarding agency.
b. Items of equipment with a current per -unit fair market value of more than $5,000 may
be retained or sold and the Sub -grantee shall compensate the Federal -sponsoring
agency for its share.
9. As recipient of federal funds the Sub -grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub -contractors,
consultants, and sub -grantees who receive pass -through funding from this Grant
Agreement.
ARTICLE VI — ENVIRONMENTAL AND HISTORICAL PRESERVATION
1. The Sub -grantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program. Information about these requirements is located at
http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm.
2. The Sub -grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub -grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers, physical
security enhancements, new construction, renovation, or modification to buildings or
structures, cannot be initiated until FEMA has completed the required EHP review. If
potential impact is identified, EHP review is required prior to project implementation.
Projects implemented prior to receiving EHP approval from FEMA risk de -obligation of
funds.
ARTICLE VII — PROCUREMENT
The Sub -grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub -grantee's award and execution of a
contract. This requirement must be passed on to all of the Sub -grantee's sub -contractors, at
which point the Sub -grantee will be responsible for reviewing and approving their sub-
contractors' sole source justifications.
ARTICLE VIII — SUB -GRANTEE MONITORING
1. The Department will monitor the activities of the Sub -grantee from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass -through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial regulations,
as well as OMB Circular A-133, Audits of States, Local Governments and Non -Profit
Organizations.
2. Monitoring activities may include, but are not limited to:
a. review of performance reports;
b. monitor and document the completion of Grant Agreement deliverables;
c. documentation of phone calls, meetings, a -mails and correspondence;
d. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Grant Agreement budget and federal requirements;
e. observation and documentation of Grant Agreement related activities, such as
exercises, training, funded events and equipment demonstrations;
f. on -site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
3. As a sub -recipient of federal funds, the Sub -grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub -contractors, consultants, and sub -
recipients who receive pass -through funding from this Agreement.
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ARTICLE IX — GRANT AGREEMENT MODIFICATION REQUESTS
A Sub -grantee may request a modification to the Grant Agreement in writing to the Department
key personnel. Modifications may be requested for Grant Agreement end date, budget or scope
change.
ARTICLE X — NIMS COMPLIANCY
1. The Sub -grantee agrees that in order to receive Federal Fiscal Year 2011 (FFY11) federal
preparedness funding, the National Incident Management System (NIMS) compliance
requirements for 2011 must be met.
2. In accordance with Homeland Security Presidential Directive (HSPD)-5, Management of
Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a
requirement to receive Federal preparedness assistance, through grants, contracts, and
other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, Tribal nations, nongovernmental organizations including voluntary
organizations, and private sector partners to work together to prevent, protect against,
respond to, recover from, and mitigate the effects of incidents, regardless of cause, size,
location, or complexity.
3. All local government and Tribal nations sub -grantees should update their respective NIMS
Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit
a Corrective Action Plan via NIMSCAST for FFY10. Corrective Action Plans are only
required if a jurisdiction fails to meet one of the NIMS implementation activities.
Comprehensive information concerning NIMS implementation for States, Tribal nations,
local governments, nongovernmental organizations, and the private sector is available
through the National Integration Center (NIC) at FEMA's NIMS Resource Center at
http://www.fema.gov/nims.
4. Local governments and tribal nations should continue to implement NIMS training guidance
(course curricula and instructor qualifications) contained in the NIMS Training Plan,
released in September 2011 and any successor guidance released by FEMA. [Note:
Coursework and training developed and/or delivered by National Wildfire Coordinating
Group (NWCG) meet the course and instructor requirements of the NIMS Training Plan].
NIMS training guidance is available on FEMA's NIMS Resource Center at
hftp://www.fema.gov/emergency/nims/NIMSTrainingCourses.shtm.
ARTICLE XI — OPSG SPECIFIC REQUIREMENTS
1.. The Washington State Military Department receives grant funding each year from the U.S.
Department of Homeland Security (DHS) / Federal Emergency Management Agency
(FEMA) through the Homeland Security Grant Program (HSGP). Operation Stonegarden
(OPSG) provides funding to designated localities to enhance cooperation and coordination
between Federal, State, local, Tribal, and territorial law enforcement agencies in a joint
mission to secure the United States borders along routes of ingress from international
borders to include travel corridors in States bordering Mexico and Canada, as well as
States and territories with International water borders.
2. The FFY 2011 HSGP grant guidance stipulates the following caps and thresholds that
apply to OPSG:
a. A maximum of up to five percent (5%) of OPSG funding may be used for
management and administrative purposes associated with this award.
b. Per the PRICE of Homeland Security Act (Public Law 110-412), subgrantees are
allowed to utilize up to 50 percent (50%) of their OPSG funding for personnel
related costs which include overtime activities.
3. OPSG-funded activities must have a clear correlation to the goals, objectives, and priorities
identified in the evaluated and approved FY 2011 OPSG Operations Order submitted to
DHS and identified in the Scope of Work, Exhibit C.
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4. When preparing Biannual Reports, accomplishments relating to the following project
deliverables should be addressed, including but not limited to:
a. Enhanced capabilities as regards to border security and protection
b. Equipment purchased, installed, tested, and trainings conducted.
5. The Sub -grantee shall submit all proposed equipment purchases to the Department's Key
Personnel, who will review and forward to the Committee on Homeland Security,
Equipment Subcommittee. All equipment is required to be on the Authorized Equipment
List located at the Responder Knowledge Base (http://www.rkb.us/), is aligned with the
statewide equipment purchasing strategy, and meets all statewide interoperability and
standardization requirements. No reimbursement for equipment costs will occur until the
appropriate approvals have been obtained.
6. Sub -grantees may consider marking equipment in the following manner, "Purchased with
funds provided by the U.S. Department of Homeland Security," in order to facilitate their
own audit processes, as well as Federal audits and monitoring visits, which may result from
receiving Federal funding.
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Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms will have the meaning set
forth below:
a. "Department" means the Washington State Military Department, as a state agency,
any division, section, office, unit or other entity of the Department, or any of the
officers or other officials lawfully representing that Department.
b. "Sub -grantee" means the government or other eligible legal entity to which a sub -
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub -grantee
and any sub -contractor retained by the Sub -grantee as permitted under the terms of
this Grant Agreement. The term "Sub -grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. "Sub -grantee Agent" means the official representative and alternate designated or
appointed by the Sub -grantee in writing and authorized to make decisions on behalf
of the Sub -grantee.
d. "Grantee" means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the Department are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. "Investment Justification" means grant application investment justification
submitted by the Sub -grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. "PL" — is defined and used herein to mean the Public Law.
h. "CFR" — is defined and used herein to mean the Code of Federal Regulations.
i. "OMB" — is defined and used herein to mean the Office of Management and Budget.
j. "WAC" — is defined and used herein to mean the Washington Administrative Code.
k. "RCW" — is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS
Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of
federal funds from all sources, direct and indirect, are required to have a single or a
program -specific audit conducted in accordance with the Office of Management and
Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non -Profit
Organizations (amended June 27, 2003, effective for fiscal years ending after December
31, 2003, and further amended June 26, 2007). Non-federal entities that spend less
than $500,000 a year in federal awards are exempt from federal audit requirements for
that year, except as noted in Circular No. A-133. As defined in Circular A-133, the term
"non-federal entity" means a State, local government, or non-profit organization, and the
term "State" includes Indian tribes. Circular A-133 is available on the OMB Home Page
at http://www.omb.gov.
Sub -grantee required to have an audit must ensure the audit is performed in accordance
with Generally Accepted Government Auditing Standards (GAGAS) as found in the
Government Auditing Standards (the Revised Yellow Book) developed by the
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Comptroller General and the OMB Compliance Supplement. The Sub -grantee -grantee
has the responsibility of notifying its auditor and requesting an audit in compliance with
Circular A-133, to include the Washington State Auditor's Office, a federal auditor, or a
public accountant performing work using GAGAS, as appropriate. Costs of the audit
may be an allowable grant expenditure as authorized by Circular A-133.
The Sub -grantee shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub -contractors also maintain auditable
records.
The Sub -grantee is responsible for any audit exceptions incurred by its own organization
or that of its sub -contractors. Responses to any unresolved management findings and
disallowed or questioned costs shall be included with the audit report. The Sub -grantee
must respond to Department requests for information or corrective action concerning
audit issues or findings within 30 days of the date of request. The Department reserves
the right to recover from the Sub -grantee all disallowed costs resulting from the audit.
Once the single audit has been completed, the Sub -grantee must send a full copy of the
audit to the Department and a letter stating there were no findings, or if there were
findings, the letter should provide a list of the findings_ The Sub -grantee must send the
audit and the letter no later than nine (9) months after the end of the Sub -grantee's fiscal
year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the Sub -grantee must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If Sub -grantee claims it is exempt from the audit requirements of Circular A-133, Sub -
grantee must send a letter identifying this Grant Agreement and explaining the criteria
for exemption no later than nine (9) months after the end of the Sub -grantee fiscal
year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The Department retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The Sub -grantee shall include the above audit requirements in any sub -contracts.
Conducting a single or program -specific audit in compliance with Circular A-133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A-133, the Sub -grantees failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with Circular A-133; the withholding or disallowing of
overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. Sub -grantee shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
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A.4 AMENDMENTS AND MODIFICATIONS
The Sub -grantee or the Department may request, in writing, an amendment or
modification of this Grant Agreement. However, such amendment or modification shall
not be binding, take effect or be incorporated herein until made in writing and signed by
the authorized representatives of the Department and the Sub -grantee. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULA71-IONS ALSO REFERRED
TO AS THE "ADA" 28 CFR Part 35.
The Sub -grantee must comply with the ADA, which provides comprehensive civil rights
protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.6 ASSURANCES
Department and Sub -grantee agree that all activity pursuant to this Grant Agreement will
be in accordance with all the applicable current federal, state and local laws, rules and
regulations.
A.7 CERTIFICA-1-I0I14 REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the Sub -grantee certifies that the
Sub -grantee is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Grant Agreement by any
federal department or agency.
If requested by the Department, the Sub -grantee shall complete and sign a Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any
such form completed by the Sub -grantee for this Grant Agreement shall be incorporated
into this Grant Agreement by reference.
Further, the Sub -grantee agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The Sub -grantee certifies that it will ensure that potential sub -contractors or sub -
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department' or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non -procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub -awards to sub -recipients for any amount. With respect to covered
transactions, the Sub -grantee may comply with this provision by obtaining a certification
statement from the potential sub -contractor or sub -recipient or by checking the Excluded
Parties List System (EPLS) maintained by the federal General Services Administration
(GSA). The Sub -grantee also agrees not to enter into any arrangements or contracts
with any party on the Washington State Department of Labor and Industries' "Debarred
Contractor List."
A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Sub -
grantee or its designees or agents; no member of the governing body of the jurisdiction
in which the project is undertaken or located; and no other official of such the Sub -
grantee who exercises any functions or responsibilities with respect to the project during
his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect,
in any contract, subcontract, or the proceeds thereof, for work to be performed in
connection with the project assisted under this Grant Agreement. The Sub -grantee shall
incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision
prohibiting such interest pursuant to this provision.
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A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Sub -grantee and all its contractors shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and
local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation
includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and
Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA),
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as
amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees
(48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on
Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline
Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy
Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and
Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the Sub -grantee's or its contractor's noncompliance or refusal to comply
with any applicable law, regulation, executive order, OMB Circular or policy, the
Department may rescind, cancel, or terminate the Grant Agreement in whole or in part in
its sole discretion. The Sub -grantee is responsible for all costs or liability arising from its
failure to comply with applicable law, regulation, executive order, OMB Circular or policy.
A.10 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any
purpose not directly connected with the administration of the Department's or the Sub -
grantee's responsibilities with respect to services provided under this Grant Agreement
is prohibited except by prior written consent of the Department. However, the parties
acknowledge that the Department, and state and local agencies as defined in RCW
42.56.010, are subject to RCW 42.56, the state Public Records Act.
A. 11 DISPUTES
The Department and Sub -grantee shall make every effort to resolve disputes arising out
of or relating to this Grant Agreement through discussion and negotiation. Should
discussion and negotiation fail to resolve a dispute arising under this Agreement, the
parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually
agreed upon by both parties. The team shall attempt, by majority vote, to resolve the
dispute.
Both parties agree that this dispute resolution process shall precede any action in a
judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from
mutually agreeing to a different dispute resolution method in lieu of the procedure
outlined above.
A.12 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the Sub -grantee, its successors or assigns, will protect,
save and hold harmless the Department, the State of Washington, and the United States
Government and their authorized agents and employees, from all claims, actions, costs,
damages or expenses of any nature whatsoever by reason of the acts or omissions of
the Sub -grantee, its sub -contractors, assigns, agents, contractors, consultants,
licensees, invitees, employees or any person whomsoever arising out of or in connection
with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the Sub -grantee further agrees to defend the Department
and the State of Washington and their authorized agents and employees in any litigation;
including payment of any costs or attorneys' fees for any claims or action commenced
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thereon arising out of or in connection with acts or activities authorized by this Grant
Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the Department; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the Department,
and (2) the Sub -grantee, its agents, or employees, this indemnity provision shall be valid
and enforceable only to the extent of the negligence of the Sub -grantee, or Sub -
grantee's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non -liability. The federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the
federal government in carrying out the provisions of the Stafford Act.
A.13 LIMITATION OF AUTHORITY —Authorized Signature
the signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the Department's Authorized
Signature representative and the Authorized Signature representative of the Sub -
grantee or Alternate for the Sub -grantee, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Sub -grantee
shall have signature authority to sign reimbursement requests, time extension requests,
amendment and modification requests, requests for changes to the scope of work, and
other requests, certifications and documents authorized by or required under this
Agreement.
A.14 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion or end date, the Department may unilaterally reduce the scope of work and
budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause"
without providing the Sub -grantee an opportunity to cure. Alternatively, the parties may
renegotiate the terms of this Agreement under "Amendments and Modifications" to
comply with new funding limitations and conditions, although the Department has no
obligation to do so.
A.15 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the Sub -grantee.
A.16 NONDISCRIMINATION
The Sub -grantee shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status, honorably
discharged veteran or military status, or disability (physical, mental, or sensory) be
denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Grant Agreement.
A.17 NOTICES
The Sub -grantee shall comply with all public notices or notices to individuals required by
applicable local, state and federal laws and shall maintain a record of this compliance.
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A.18 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The Sub -grantee represents and warrants that its work place does now or will meet all
applicable federal and state safety and health regulations that are in effect during the
Sub -grantee's performance under this Grant Agreement. To the extent allowed by law,
the Sub -grantee further agrees to indemnify and hold harmless the Department and its
employees and agents from all liability, damages and costs of any nature, including but
not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Sub -grantee to so comply.
A.19 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the Sub -grantee.
The Sub -grantee shall assume all liabilities arising from the ownership and operation of
the project and agrees to hold the Department and the state of Washington and the
United States government harmless from any and all causes of action arising from the
ownership and operation of the project.
A.20 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the
approval or defeat of any ballot issue.
A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of
any bonus or commission for the purpose of obtaining approval of the application for
such assistance or any other approval or concurrence under this Grant Agreement
provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.22 PUBLICITY
The Sub -grantee agrees to submit to the Department prior to issuance all advertising
and publicity matters relating to this Grant Agreement wherein the Department's name is
mentioned or language used from which the connection of the Department's name may,
in the Department's judgment, be inferred or implied. The Sub -grantee agrees not to
publish or use such advertising and publicity matters without the prior written consent of
the Department. The Sub -grantee may copyright original work it develops in the course
of or under this Grant Agreement; however, pursuant to 44 CFR 13.34, FEMA reserves
a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise
use, and to authorize others to use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.23 RECAPTURE PROVISION
In the event the Sub -grantee fails to expend funds under this Agreement in accordance
with applicable federal, state, and local laws and/or the provisions of the Grant
Agreement, the Department reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the Sub -grantee of
funds under this recapture provision shall occur within 30 days of demand.
In the event the Department is required to institute legal proceedings to enforce the
recapture provision, the Department shall be entitled to its costs thereof, including
attorney fees.
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A.24 RECORDS
a. The Sub -grantee agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the Sub -grantee's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records")-
b. The Sub -grantee's records related to this Grant Agreement and the activities funded
may be inspected and audited by the Department or its designee, by the Office of the
State Auditor, DHS, FEMA or their designees, by the Comptroller General of the
United States or its designees, or by other state or federal officials authorized by law,
for the purposes of determining compliance by the Sub -grantee with the terms of this
Grant Agreement and to determine the appropriate level of funding to be paid under
the Grant Agreement.
c. The records shall be made available by the Sub -grantee for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
Sub -grantee's normal working day.
d. The Sub -grantee shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
A.25 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK PLAN
While the Department undertakes to assist the Sub -grantee with the project/statement of
work/work plan (project) by providing grant funds pursuant to this Grant Agreement, the
project itself remains the sole responsibility of the Sub -grantee. The Department
undertakes no responsibility to the Sub -grantee, or to any third party, other than as is
expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the Sub -grantee, as is responsibility for any claim or suit of any nature by any
third party related in any way to the project.
Prior to the start of any construction activity, the Sub -grantee shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The Sub -grantee shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the Sub -grantee in connection with the project.
The Sub -grantee shall not look to the Department, or to any state or federal agency, or
to any of their employees or agents, for any performance, assistance, or any payment or
indemnity, including but not limited to cost of defense and/or attorneys' fees, in
connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and/or maintenance of a project_
A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Sub -grantee hereby certifies that to the best of its
knowledge and belief: (1) no federally appropriated funds have been paid or will be paid
by or on behalf of the Sub -grantee to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an
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officer or employee of Congress, or an employee of a Member of Congress in
connection with this Grant Agreement, grant, loan, or cooperative agreement, the Sub -
grantee will complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; (3) and that, as applicable, the Sub -
grantee will require that the language of this certification be included in the award
documents for all subawards at all tiers (including sub -contracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly. This certification is a material representation of
fact upon which reliance was placed when this transaction was made or entered into,
and is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB -CONTRACTING
The Sub -grantee shall use a competitive procurement process in the award of any
contracts with contractors or sub -contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the Sub -grantee.
All sub -contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB -GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The Sub -grantee, and/or employees or agents performing under this
Grant Agreement are not employees or agents of the Department in any manner
whatsoever. The Sub -grantee will not be presented as nor claim to be an officer or
employee of the Department or of the State of Washington by reason of this Grant
Agreement, nor will the Sub -grantee make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of the Department or of the
State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.06 RCW.
It is understood that if the Sub -grantee is another state department, state agency, state
university, state college, state community college, state board, or state commission, that
the officers and employees are employed by the state of Washington in their own right
and not by reason of this Grant Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the Sub -grantee shall be
responsible for, pay and maintain in current status all taxes, unemployment
contributions, fees, licenses, assessments, permit charges and expenses of any other
kind for the Sub -grantee or its staff required by statute or regulation that are applicable
to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the Sub -grantee may terminate
this Grant Agreement by providing written notice of such termination to the Department's
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Key Personnel identified in the Grant Agreement, specifying the effective date thereof, at
least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the Department, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the Sub -grantee. Upon notice of
termination for convenience, the Department reserves the right to suspend all or part of
the Grant Agreement, withhold further payments, or prohibit the Sub -grantee from
incurring additional obligations of funds. In the event of termination, the Sub -grantee
shall be liable for all damages as authorized by law. The rights and remedies of the
Department provided for in this section shall not be exclusive and are in addition to any
other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Sub -grantee has failed
to fulfill in a timely and proper manner its obligations under this Grant Agreement, is in
an unsound financial condition so as to endanger performance hereunder, is in violation
of any laws or regulations that render the Sub -grantee unable to perform any aspect of
the Grant Agreement, or has violated any of the covenants, agreements or stipulations
of this Grant Agreement, the Department has the right to immediately suspend or
terminate this Grant Agreement in whole or in part.
The Department may notify the Sub -grantee in writing of the need to take corrective
action and provide a period of time in which to cure. The Department is not required to
allow the Sub -grantee an opportunity to cure if it is not feasible as determined solely
within the Department's discretion. Any time allowed for cure shall not diminish or
eliminate the Sub -grantee liability for damages or otherwise affect any other remedies
available to the Department. If the Department allows the Sub -grantee an opportunity to
cure, the Department shall notify the Sub -grantee in writing of the need to take corrective
action. If the corrective action is not taken within ten (10) calendar days or as otherwise
specified by the Department, or if such corrective action is deemed by the Department to
be insufficient, the Grant Agreement may be terminated in whole or in part.
The Department reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the Sub -grantee from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the Sub -grantee, if allowed, or pending a decision by the
Department to terminate the Grant Agreement in whole or in part.
In the event of termination, the Sub -grantee shall be liable for all damages as authorized
by law, including but not limited to, any cost difference between the original Grant
Agreement and the replacement or cover Grant Agreement and all administrative costs
directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the Sub -grantee: (1) was not in default or material breach, or (2)
failure to perform was outside of the Sub -grantee's control, fault or negligence, the
termination shall be deemed to be a "Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Grant
Agreement, the Sub -grantee shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the Department may require the Sub -grantee to
deliver to the Department any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
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If the termination is for convenience, the Department shall pay to the Sub -grantee
agreed upon price, if separately stated, for properly authorized and completed work and
services rendered or goods delivered to and accepted by the Department prior to the
effective date of Grant Agreement termination, and the amount agreed upon by the Sub -
grantee and the Department for (i) completed work and services and/or equipment or
supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department,
(iii) other work, services and/or equipment or supplies which are accepted by the
Department, and (iv) the protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Grant Agreement. If the termination is for cause, the
Department shall determine the extent of the liability of the Department. The
Department shall have no other obligation to the Sub -grantee for termination. The
Department may withhold from any amounts due the Sub -grantee such sum as the
Department determines to be necessary to protect the Department against potential loss
or liability.
The rights and remedies of the Department provided in this Grant Agreement shall not
be exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
Department in writing, the Sub -grantee shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub -contracts for materials, services, supplies,
equipment and/or facilities in relation to this Grant Agreement except as may be
necessary for completion of such portion of the work under the Grant Agreement
as is not terminated;
C. Assign to the Department, in the manner, at the times, and to the extent directed
by the Department, all of the rights, title, and interest of the Sub -grantee under
the orders and sub -contracts so terminated, in which case the Department has
the right, at its discretion, to settle or pay any or all claims arising out of the
termination of such orders and sub -contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub -contracts, with the approval or ratification of the Department to
the extent the Department may require, which approval or ratification shall be
final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to
the extent directed by the Department any property which, if the Grant
Agreement had been completed, would have been required to be furnished to the
Department;
f. Complete performance of such part of the work as shall not have been
terminated by the Department in compliance with all contractual requirements;
and
g. Take such action as may be necessary, or as the Department may require, for
the protection and preservation of the property related to this Grant Agreement
which is in the possession of the Sub -grantee and in which the Department has
or may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The Sub -grantee may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
DHS-FEMA-HSGP-FFY 11 Page 17 of 24 Whatcom County Sheriffs Office-DEM
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53
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Sub -grantee is encouraged to utilize business firms that are certified as minority -
owned and/or women -owned in carrying out the purposes of this Grant Agreement. The
Sub -grantee may set utilization standards, based upon local conditions or may utilize the
state of Washington MWBE goals, as identified in WAC 326-30-041.
A.36 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the Department in writing. The Department's failure to insist upon strict
performance of any provision of the Grant Agreement or to exercise any right based
upon a breach thereof, or the acceptance of any performance during such breach, shall
not constitute a waiver of any right under this Grant Agreement.
A.37 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the
validity and performance shall be governed by the laws of the state of Washington.
Venue of any suit between the parties arising out of this Grant Agreement shall be the
Superior Court of Thurston County, Washington. The Sub -grantee, by execution of this
Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington.
DHS-FEMA-HSGP-FFY 11 Page 18 of 24 Whatcom County Sheriffs Office-DEM
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54
Exhibit C
FFY11 Homeland Security Grant Program (HSGP)
Operation Stonegarden (OPSG) Scope of Work
Operations Order Name FY2011-OPSG-WA-Whatcom County
Op -Order Number 12-BLWBLW-11-003 Version 0
Op Order Dates 01/01/2012 To 12/31/2014
From Approved Operations Order.
EXECUTIVE SUMMARY: The Whatcom County Sheriffs Office Division of Emergency
Management executes all interagency contracts for financial reimbursement from OPSG funds
and coordinates reimbursement with the Stale Administrative Agency (SAA). Grant funding
through Operation Stonegarden (OPSG) will strengthen partnerships and improve border
enforcement through increased cooperation, infrastructure improvements, and equipment
enhancements.
MISSION: The Department of Homeland Security, CBP/Border Patrol, the Whatcom County
Sheriffs Office, Washington State Patrol, and other federal, local, and tribal Law Enforcement
agencies in the Blaine Sector area of responsibility will conduct enhanced border security
operations along the Canada/Whatcom County, WA, US border within the Blaine Sector AOR.
These operations will support the Department of Homeland Security's goals, including those
outlined in the National Border Patrol Strategy.
ACTIVE PARTICIPANTS: USBP, OFO, HIS, DEA, FBI, USCG, Whatcom County SO,
Washington State Patrol, Blaine PD, Bellingham PD, Everson PD, Ferndale PD, Lynden PD,
Sumas PD.
EXECUTION:
• The main focus of the Operation Stonegarden plan will be the enforcement of
Washington State law in each agency s jurisdiction, and the denial of entry avenues,
egress routes, and use of transportation hubs to criminal organizations seeking to
smuggle narcotics, humans, and possibly terrorists and/or their instruments.
• State and local enforcement entities within the sector AOR will provide an enhanced
presence in the border area by utilizing Stonegarden overtime and equipment funding.
• These local agencies will perform duties normal to their agency's mission while providing
additional law enforcement "eyes and ears" and equipment in support of the Homeland
Security mission.
• Participating agencies will not enforce immigration laws on behalf of CBP/Border Patrol.
• To reflect changing conditions, the Sector and participating agencies will execute
changes to the OPSG operational plan for submission to CBP as required.
• A representative from Blaine Sector Headquarters will monitor/coordinate all OPSG
activities, generate and distribute participant schedules, collect the OPSG Daily Activity
Report (DAR), generate and submit the weekly OPSG recap for OBP, and keep
appropriate command staff apprised as necessary.
• At the conclusion of each shift, OPSG State and local law enforcement officers will
complete a DAR. The DAR will be submitted via email to the Sector OPSG Coordinator
at charles.stephens@dhs.gov.
• The stations within whose AORs OPSG activities are conducted will be responsible for
reported related intelligence to the Patrol Agent in Charge, Sector Intelligence or his
designee.
DHS-FEMA-HSGP-FFY 11 Page 19 of 24 Whatcom County Sheriffs Office-DEM
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55
• Sector Intelligence will analyze information gathered and disseminate as necessary to
OPSG participants.
• Each participating OPSG agency will have a designated management representative.
DHS-FEMA-HSGP-FFY 11 Page 20 of 24 Whatcom County Sheriff's Office-DEM
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56
Exhibit D
MILESTONE TIMELINE
FFY11 Homeland Security Grant Program (HSGP)
Operation Stonegarden (OPSG)
MILESTONE
TASK
September 1, 2011
Start of Grant Agreement performance period
July 15, 2012
Bi-Annual Progress Report due
January 15, 2013
Bi-Annual Progress Report due
July 15, 2013
Bi-Annual Progress Report due
January 15, 2014
Bi-Annual Progress Report due
June 30, 2014
End of Grant Agreement performance period.
July 14, 2014
Submit all final reports, requests for reimbursement and/or
deliverables
DHS-FEMA-HSGP-FFY 11 Page 21 of 24 Whatcom County Sheriffs Office-DEM
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57
BUDGET SHEET
FFY11 Homeland Security Grant Program (HSGP)
Operation Stonegarden (OPSG)
Operational
Overtime
Travel
Vehicle/Equipment
Maintenance
Fuel Cost and/or
Mileage
Reimbursement
Equipment
Total $211,235
Total $0
Total $0
Total $24,755
Total $521,973
TOTAL $757,963
Exhibit E
Funding Source
713GA
1. Cumulative changes to budget categories in excess of 10% of the grant agreement will not
be reimbursed without prior written authorization from the Department.
2. The Sub -grantee will not be reimbursed for personnel costs that exceed $378,981.
3. Funds shall not be used to supplant inherent routine patrols and law enforcement operations
or activities not directly related to providing enhanced coordination between local and
Federal law enforcement agencies.
DHS-FEMA-HSGP-FFY 11
Page 22 of 24
Whatcom County Sheriffs Office-DEM
E 12-247
ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS
for Compliance With the
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282)
A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a)
of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor
agrees to provide all applicable reporting information to the Washington Military Department
(WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal grants, loans,
and contracts. As required by FFATA and OMB Guidance, certain information on the first -tier
subawards related to Federal contracts and grants, and the executive compensation of awardees,
must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25,000 but subsequent grant modifications result in a
total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $25,000 but funding is subsequently de -obligated such that the total award amount falls
below $25,000, the subaward continues to be subject to the reporting requirements of the
Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by FFATA,
OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all
information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS
number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD
or by the Federal Contractor Registry (CCR). CCR is a government wide
registration system for organizations that do business with the Federal
Government. CCR stores information about awardees including financial account
information for payment purposes and a link to D&B for maintaining current
DUNS information, www.cer.gov. WMD encourages CCR registration and
annual renewal by your organization to minimize unnecessary data entry and re-
entry required by both WMD and your organization. It will also reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS)
number obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A
DUNS number provides a method to verify data about your organization. D&B is
responsible for maintaining unique identifiers and organizational linkages on
behalf of the Federal Government for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as the
subawardee) if.
DHS-FEMA-HSGP-FFY 11 Page 23 of 24 Whatcom County Sheriffs Office-DEM
E12-247
59
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or
section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non -cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such as severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2) the public does not have access to this information about the
compensation of the senior executives of your organization through periodic reports filed under
section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)
or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below:
If your organization does not meet these criteria, specifically identify below each criteria that is
not met for
your organization:
k-A-
IX-C.�Vy Q
o`I S Uc-�O , 000
1-12-2011 Final
DHS-FEMA-HSGP-FFY 11 Page 24 of 24 Whatcom County Sheriff's Office-DEM
E12-247
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-176
CLEARANCES
Inf ial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
�jI/ V/I��%
/�-
5/22/2012
Fin/Council
Division Head:
MAY 14 2012
WHATCOM COUNTY
COUNCIL
Dept. Head:
106A,
L11 ,�-
Prosecutor:
Purchasing/Budget:
U
Executive:
TITLE OF DO ENT:
WEST ONLINE SUBSCRIPTION CONTRACT
ATTACHMENTS:
Contract, sole source approval letter, contract information sheet and explanatory memo.
SEPA review required? ( )Fes ( X) NO
Should Clerk schedule a hearing? ( ) Yes ( X) NO
SEPA review completed? ( )Fes ( ) 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.)
Request approval for the County to enter into a three year contract with WEST for on-line access to legal
research databases and print service subscriptions for the Whatcom County Law Library.
COMMITTEEACTION.•
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number.
Please Note. Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcomwa.uslcounciL
61
M C
WHATCOM COUNTY �P�Go oti
LAW LIBRARY 3
Whatcom County Courthouse
311 Grand Avenue, Suite B3 _ 02
Bellingham, WA 98225 9sy►N6c
TO: Jack Louws, County Executive
FROM: Virginia Tucker, Law Librari4klck
RE: West subscription contract for Law Library
DATE: April 20, 2012
M� I
ival"A k
MAY 112012
JACK LOUWS
COUNTY EXECUTIVE
Enclosed are two original contracts between Whatcom County Law Library and West
Publishing for your review and approval.
Background and Purpose
This is a three-year sole source subscription contract with West for online databases and
print subscriptions and Sole Source Approval letter is attached. The contract expires three
years from the date of signing. The previous one-year contract has expired.
Funding Amount and Source
The funding amount is $1,782.00 per month or $21,384 annually, with a 2 percent
increase cap in Year 2 and Year 3, plus the cost of individual hardcopy volumes at a 50%
discount. The latter typically runs $12 to 15K/year. Source of funding is generated by the
Law Library's statutory allotment from the number of Civil Court filings in Superior
Court and District Court and the local Bar Association donations via the general fund.
Differences from Previous Contract
Due to price hikes for hardcopy sources the contract includes discontinuing the Pacific
Reporter print subscription in order to stay within budget. The contract carries a 50%
discount for all five of the remaining hardcopy subscriptions (listed on page 1).
Thank you.
Approved:
Jack Louws, County Executive
Phone: 360.676.6556 Fax: 360.676.7727 Email: vtucker@co.whatcom.wa.us Web: www.whatcomlawhbrary.org
62
WHATCOM COUNTY CONTRACT
EWORMATION SHEET .
Whatcom County
Contract No.
o o c) 5-0
Originating Department:
LAW LIBRARY
Contract Administrator.
VIRGINIA TUCKER
Contractor's / Agency Name:
WEST
Is this a ew Contract? If not, is this an Amendment o enewal an Existing Contract?
Yes . No Yes �X No If yes, previous number(s): 2101 0 to qd 0 3
Is this a grant agreement?
Yes No If yes, grantor agency contract number(s) CFDA #
Is this contract t funded?
Yes No If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes No If es, RFP and Bid number(s) Cost Center:
C5�1 �r.v�r�
e.
Is this contract excluded from E-Verify? No Yes If no, include Attachment D Contractor Declaration Form
If yes, indicate qualified exclusion(s) below:
Contract less than $100,000. Professional services agreement for certified/licensed professional
T Work is for less than 120 days Contract for Commercial off the shelf items (COTS)
Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FHWA
Contract Amount:(sum of orig contract amt and any prior
If a Professional Services Agreement is more than $15,000 or a Bid is
amendments)
more than $35,000, please submit an Agenda Bill for Council approval
$ 65,444.00
and a supporting memo. Any amendment that provides either a 10%
This Amendment Amount:
increase in amount or more than $10,000, whichever is greater, must
$
also go to Council and will need an agenda bill and supporting memo. If
Total Amended Amount:
less than these thresholds, just submit to Executive with supporting
$
memo for approval.
Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary]
This is a three year, sole source, subscription with WEST for on-line access to legal research databases and print service
subscriptions.
Term of Contract: Three years
Expiration Date: three yearsfirom. date of contract execution
y (CIpPfax • m al 21, 20I 5
1. Prepared by Date [electronic]
2. Attorney reviewed Date ��� _ 1�� [electronic]
3. AS Finance reviewed Date [electronic]
4. IT reviewed if IT related Date [electronic]
5. Corrections made Date [electronic] hard copy printed
6. Attorney si ervi Date
7. Contractor signed Date
8. Submitted to Exec Office _ ,/ Date [summary via electronic; hardcopies]
9. Council. approved (if necessary) Date
10. Executive signed Date
11. Contractor Original Returned to dept. Date
12. County Original to Council Date
Last Revised 1/19/12
63
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64
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ii Subscriber maintains axiisiin4 suhscriplion(s) to this WeslPack tine — do nnl ship .
Monthly WandluwPRO Churg s and CO -ROM Charges art: bit led till t1w dale Wcst pl'omscs Subsci llkrr's order mid conilnuc rru Ihc minimum tetni of complete calendar months
elecicd by Subscriber with his/her initials below (-'Minimum tents") Stibserille:r also of-wes to maintain nit subscriptions to Cho WeslPack print products (new aild/or etisling as
set forth al)uyo) ditnng llic Minimum Term and fhc charges I'nr Suhscnlier's WustPack print pruducLs (Nth. initial print chargtsi (" Imtiul WeslPuck Churgus') and print and CD-
ROM sulnscription services charges including CD-ROM C'horge+ ('•WLNilfiuk Suircription Cluirgw:')) shall he billed ar: %4 forth htlRin Upon uunclaKiun ur nxr Minimum
I ours. CD-ROM Chartres and WeslPack Subscriplion Charges arc billed therealler at up to then -current rates. Any additional u.wN added to any existing Per User WcsilowPRO
and/or CO -RUM prtxluct )rcvlxaud Ny SuNstTnlx r kvm Well shall 1>v tied lv the Mininnnu Torm ol'Ihe undcnying t�rdci norm for SUc)n prttdlkl(s)
tiub,erilwrN Iniluds ror 12. 24 or 36 Month Mlnimm�t Term 5010
12 Month Mluhnunt Term for WcstlawP110. WcstPack Print and CD -RUM Products ' o WcstPuck Print and CD-ROM Product discount (new and existing)
_ 24 Month Miulmum faun far WestlawPRO. WcstPock Print and CD-ROM Products • XA4 WcstPwk Print and CD-ROM Product discount (ocw and existing) —
Monthly WcstlawPRO Charges for second 12 months Mri to increase b,• inure than %over Muallily WwsllawPltU Charges l'ur initial 12 munths.
,�M 3ft Month Minimum Tcrm for WestlawPRp. WastPuck Print urkl CD-ROM Products — SINh WtslPuck Print mid C'U-RUM Produce discount (new and existing) -
MUnthly WLSll;iwvPR0 t barges for second 12 months nor to increase by more than �, °ib over Monthly WesilawPRO Clmrgst firr initial 12 months and Monthly
Wesnawl,Rf) Charges ror third 12 nlurtths not to increase by more than _. °/o over Monthly WutIUWPRO Charges fur second 12 rrkmths.
Non -Government Subs-cribers Qniy: Upon conclusion of one WcsllawPRO Minimum Term, the Subscriber Agrtt;ment and this Ordcr form will nulomatic dly renew fur
cunsuculivu f2-muridl periuds (" Itenewal term'). cud file Monthly Westlawl'KU C'Iwtrges rut ore Kcmewul lews) will mcretue 7% par ytar unluws either puny gives written
notice of canccldption to Vic ollwr party at least 30tiay5 fit ndvmcc of any Renewal Tenn, including llic first Itcncwpl rerun Additionally. West 1114y it its discretioll provide
Subscriber with notice at lead 60 days in advance of any Renewal 'farm ot'a Monthly WcstlawPRO Charge increase dill4crit Irani 1%altar which .Sudiwrlhar shall have 30days
to providu Wwt with written notice ul cancellation if Subscrbcr does not wish (o renew. L•xcludcd Charges may be modifial as set forth in the Subscriber Agregincal (its
defined herein) Subscriher is responsible for all Frcludcd Chorges as incurred During any Rcnewnl Tani, Sultscrihces ncom In and use of Wesllow shall be guverrled by file
SubScritv;l, Agt@olnent
Government_ Subseribcis Only1 Upon conclusion of the WestlaWPRO Minimum 'Icrin. MnnUily WesnawPRO Charges arc billed therentler al up to then -current rates
IExclitdcd (-hnrgcs and Monthly WcsnawPRO Chirgc's (a»cr the Minimum feint) may be modif icd as %cl fonh in (fie Subso-fbcr mitwincni (Us janw her'eiu). SubscrbcT i5
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Subscriher's lnitiok Subscnhcr has attorneys (partners. shareholders• associaics, contract or smtT attnmcy5. ol" counsel and 1114, like). cotUerdle users or
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Lvf;!alCek niter orders Il'WLst lmms that the uctuul number exceeds Uit: number curli rt; tJ alxive. West reserves the right io increase Snhscriher's charges a9 ipplicuble
rcclinical Contacts for W'estlaw Patron Access And C nmpus Flv%c`arch anntl'I'hUmson Innovation Administrator
Technical C-oniacl Name (plcaw print): V d 1 �(f fi1Q
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Campus Rcscrvch: IP Mir= Rinnc . _,ZhGo�_5 7. of 13, 13
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a� 5uhscribcr Initials _L i enninals will be used Ibr Patton Access (nut required lbr Campus Researeli).
Subemiher Initials _ C011CI W111 usorS will k' 11% id (ur Pulrun Access (not required for Campus Research).
In the event Suhurihcr dcsiras to increase the number of iublicly accessible terminals or concurnenl users, SubRer'iber must contuct W4*t. If
West learns that subscriber has incrensW the number of Publicly ur txssiblu lerminals. Wcsl reserves the right to increase Subscriher's charges
as appliuciblu
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the current Minimum Term or current Ronmval Terin
Notes_
p� 5
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Subscriber's toltlals far 36 Month Re w4vul 'form — .Subscriber agfwr; to corulnit to fin uddaruoul 16 months The Monthly WculuwPRO Charges for the first
additional 12 Itwtlths shall be "/a more than tlx: Monthly Wesduwl'RU Charges in cilba al the end of Illc currunt Minimnnt Term andlor current Renewal 'I Mil and the
Monthly Wt-itlawPRO Charges ror the: second additional 12 months shall be % more than file Mwuhly WCSllawf'RO Charges fur the first additional 12 mantis flue
MollI1liv WestlawPRO Charges fur the third additional 12 Monti shall be __"/o more than the Monthly WCs11aWPR1.l ( barges for the wcond additional 12 inonUls.
In line event u promot in in the underlying Order Form rtxluircd Subserib cr Io maintain a BkItISC iptlUf) to Wfbia West products in order to tx: eligible I'ttr such pron)nlion
(" Dopinticlm Subs(ription(s) ). Subscribef mast also Itluintaal such Depoudt:my Subscnptmn(s) during the Renewal Tcnn so that Submibcr may be eligible fur the pricing set
forth heroin, Ili the event .Subscriber termirlafes anv of the Dependency Subscriplion(g) durng life Renewal I crin, any promotions and voluted discounts for the Dependency
$uh-ripl rirn(s) Owl iinmadlmcly twmmutu
"I'llOCIEVU at the end of the current Minimum term or current Rcncwnl Perm
Non•Governatent Subscribel';n Only: upon c'onciusion of the Renewal Unit designated above. die Subscnher Agreement find this Order ronu will auluaWliwily renew fur
eonsecuuVn 12-month periods. and the Monthly Wcstluwl'RO Chprggs I'nr the Renewal ,reritl(s) will increase 7% pet year utllt%5 either party gives written notice of ainceltalion
to ills other party at lead 30 dajs lit a0vuncc tit city Renewal Term Additionally. WeSt may at its discrCtion provide Stibscriticr with notice at least 6U cftivs ill advance of uny
Renewal Term ol'a Monthly WeAllalaPRO Charbtj mcre-wo dilleranl from 7% Ater which Subscnbcr shall Iwvc 30 days to provide West widt vmtwti MG" of virrKellimen If
Suhscnbur does not wish to renew Excluded Charges may tn: modified as lief forth in the Subscriber Agreement. Subscriber is fespudsible !hr all Excluded Charges as Incurred
During any Renewal Term. Subscribers aewess to and unto of Wesiluw shall be govem d Iry the Subscriber Agrccmcnl
iioxcrnmenl \uhserihrys Only; Ursm conclusion ol'trc Renewal Term dcsignaied above, Monthly Westlawl'RO Charges fire billed lhureaRer at then eurrouf rates Excluded
Charges and Monthly WcstlawPRO Cradles (allot the Renewal ferin) in0y be i tudilied as set Huth in the tiubscribcr AgNcnicni Subscriku is respunsible Corr all Excluded
Churges w incurred During file Renewal 1 orm laid Ihcrcotkr Suhscrihcr's access to and use of Wcsllaw slxal l W etrvetned by ilk' Subscriber Agreement
1 esllaw Passwords and QuiekVicw+
d,nxtNanle FinlName ,VLl, Alty I.,ih Pura Other 1'rrnlhCls
.Subscriber shall authorize which Wcsllaw password(s) shrill have access to QuickVnew+ Actual churges hillcd by WCsI may vary Ifoin chants ielxrrted on QuiekVicw
Sub.iCrlb:r skull pny churges as bill d Wesl d4cR nil warrant alto has rip liability with reagent fo tilt accut cy ul charges or other mlinnnalinn art QuiekVicw+
Authorized Westlaw, Password Holder fur Wcsllaw QuiehView+
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Munthly Wesdawl'RO c harges CD -Rom ('hurgcs and WCsi 1-cgnlLAciiier Charges. are billed un die duke West pmccsscs Subscriber s order a11d Continue ter a Itimimum of
12 caniplele rdandnr months (-Minimum'rerin-) Upon conclusion of the Minimum Torm, CU 110M CI10ty;vS hru billed theradlcr at dicn-currcnl mtcs if Subscribvr elects it
longer Minimum Tcrm the Monthly WcsRawPRU Charges and/or Wuyt LegulUdcentur Chargcs will Ix billed as sal Birth herein Auv additional tins added to any existing Per
User WesdimPRU amhor CD-ROM product licensed by Subscriber from Wcsl shall be tied to the Minimum farm ol'the underlying Order Font for stich pruducl(s).
_Sulwcrlher'.r IrtllralK roe 24 Month WcatlawPRO and/or Wol LegidEdcenter Minfmunt'I'erw Sulyscrilnr ugrut-, to commit to a Minimum Term or 24 ntoMh.r and
the Monthly Westfawl'RO Charges and/or West LePnlGdcenter Charles lot the second 12 months nul to imnise by more than % over the Monthly Westlnwl'RO
Charges anti/or West LcgallAccriter C'hurgm Ihr the mural 12 mtnllls
%trrrvcrihcr'n Initials for 36 Month NVmlluwl'RO nod/or Wcst LuViIhaleenler Minimum Term Subscribwr agr=s Ise conuriil kt 4 Motttnutn Iann of 36 months and
the Monthly WvAlawl'RU Charges andlur West I egalFdentcr Charges lb ilia second 12 munde; not to macaw by more Ihan % over like Monthly Wesilawl'RO
Charges and/or West L, gpll (kenlci Charges Cot ilia acual 12 months and die Monthly Wc-cllawPltO Charges andha West LegalEdcenler Charges for the third 12 months 1101 to
increase by more than ... %uvt:r the Manlhly Westlawl'lt(t L-barpes and/or Wes( L agalLtiCeluer Churges Ina the second 12 months
\on-(:overnuten( Subscribers Only: Upon conclusion of the Wcstlawl'RO Minimum Tend. includine West Lceall-,du:mer product(s) That arc pnn era WedinwPRt 1 Select.
the Subscriber Aercvanent and this Order I-orm will atilotflalically renew fur consecutive 12-month periods ("Rowwai rcit `). and die Monthly WesllnwPRO Charges for the
Rencw;d 'Ierm(s) will mcreme 7 in per year unless either party gives wrillett Q011CC of k111CCllatloh to the Witter party at least -14) dtivs in advance el any Renewal 'term. utcludmg
die rrl'st Renow,l rerrh Additionally. West may to its discretion provide Suhacribut with rehab at lain fin days in advance al' any Renewal tam of zi MuMldy WmlawPRO
Charge increase different I7om 70n adteT which SuNcfiber shall have 30 days In provide West with written nolii'c of "mcellaliun it Subscrihur does nol wish In renew RxrhtJtyl
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berm, Subscrtbet's 11cue-is to wxi use or Wcslluw ship he governed by tbw Subws rilwr Agreement. Upon conclusion of pie West LegalL&Cdter Minimum Tenn, as applimble
Solely to West LCgal Ldeehlar pr(Mhicl(> 1 d>;d ;tat oot part of n WcVlawPRO Select. West Legall'dcahter Charge;: arc bdlcd thercutler at up to th i"urrcnt rant
Government Snh+Srlhem Onlyn, Upon cuticlusion ul the WetaluwPRO muUor West I.AgalEdccnter Minimum Tenn, Monthly WestlawPRO Charges altd/ur West
I.Cea11,dcen[ci Chatrgr are billed thereutler at up in then -current plies FSOludell Clanr(;CS and Monthly WCsdaWPlct) I.hnrgcs taller (lie Minimum 1 erm) may he mndit ied as set
forth in the Suhsci bher Agreeimmi (0 dVl`rlu d hurcm) Subscriber is responsible Im all rxcluded Churgcs his incurred. Allcr die Mininwm 1 arm, tiubwnber s rears to and use
of Westlaw shalt be eavcmcd by the Subscriber Agreement.
Subscriber's tnitlnas NubscriNt Ills aRofnevs (purthers. shamhnlders, acvocinics_ coolrwl OF stall attorneys. (ir counsel and the like). curperlle usury ur
students and Personnel I d'ordering a Paralegal Plan) lie the iocyilion idutitifiW above or fTE's (il'ordaring Cauapus Rtiseurc•h) for Wc*tlnwpRO. CD-ROM case Inw anchor Wesl
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(l7-ROM/DVD and/or West I egal V,lcenter annual billing (pkasc check if reyueated)
Weer I,egniVil :enter Ohiinc heaturts and lcrvimm
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tmporrant nll'nrrnatloll about using the service I including uwmumc and password). Rs well as ongoing communication regarding new onlhle piogr ttis available
an their practice aienl+t and iliac .a1 annuuncunx Ms Subscnbcr's user; may opt out after the initial a mwl commumention
PrnQmnls excluded Itun1 the Online CLE Pass shall he billed at then-currcnl rates via crcdil Card billing
Additional Non-We%IP:aek Print Products
Total (-hargra S
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400.dor
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Tcrms or Pnviuent for I'tlln Products WC51's 5latidard Ietitls orpaynn ilt Ibr print prtulucts purchased are net 34 dnys West muy elect to accept installment poyments on
the purchase price Installment payment icrtuv arc $ per month plus tax Ibr approximately ith,filbs until the purchuw prier. plus any additional
amounts unticrtbis Order Form- is paid in full
Subscription Soviet, Passwords and West km. Suhscripuun servne may consist ell' updates andloT suppleviems lu the, sctvlce. Including but nut limited la- (a) CD-ROM
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Or ancillary volumes. loans-icarpages and ollwi related supplcnwnlal materials. all of which aray be billed-wpurwoly at that cilin:nt nuts Subscriber h,-.rcby rcquesta ihnt Wcst
pnrvidu subscription si:rvlces tiff the hctcan-ilesitilxal pnnlucls al llwn-current raics until stwh suhscnphon Survlccs arc tslncullecl by West or caucelkd upon wtillert Cuuuost by
5ulrecrlbor allot the Mimrhum l err Ibr WCSLPack print or CD-ROM products Any pa55word5 issncd herein may only be used by the penivit to whom the password is isisuLd
and shilling of pir5word5 is .1;1Rl('I'1.Y flit 111171T1'l) suturiber5 11cel5ine only LiveNute/CaBe Nulebuuk/rimelind/Puhislier Sollymm will not be issued Wesllaw
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Builder subscription. rulatcd Westlaw Doc & Forn, Builder Dow nl'Sabscril,cr Ilipt is stored nil West servers will bo desltoyed wlthill 180 days of such terminullmt
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vahlc added tax (VA I ) oi equivalcal. ad valorem uod other taxes are payable by Subscriber Subscriber muy he charged interest felt overdue installments and sul>,crilAiutic and
]or ollicrope, account charges Ifnny, inRglpllmcnls. suhscriptioms. sbbsciiplion services. Wcstliut Charges or upxni account diurgus remain unpaid 30 days aticr bixoming due.
all unnialdred InslallmcliW. including all amounts that ore or would Become due and payable lbr the remaining term of Subscribers Subscribet Agreement- shall hecrnric
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print products West may fequgm a cltOCal finailcial stutemenl antUvr ubtain witsuttler credit report on the undersigned individual to derouninc WCdilworlhlness West will only
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report was received and the nutria. addrems and telephone number ill the agency Thal supplied the report
Returns. If Subscriber is not compietcly satisfied with any non-WistIlack print or non-WestPack CD-ROM product received Ruin Wan. the prucluct may be returned witbin 45
days or Tile Invoice dale Ibr a lull nfund or credit. in accordance with Wesfs then -current returns policies wesilaw Chafgcs and West Legall ee:nter Charges arc net
refbndobW
OnlinvWWROM Prndncts In he Lapsed
hull tits q Online/CD-ROM Products H of Pnssworih
he Subscribe• agreement for Wcstluw and C-D.ROM 1.Ihrarleu, ate applicable Sekthile A prier phm, (fur Westlawl'HO products andlm' CD-ROM
libraries products), andlor (lie West LegalEdeenler Subscriber Agreement (fur Wrst Lcgulbdcenter procincts) mud/or file Thomson Inmrvation
Schedule and Third Purdy Terms Schedule (fur "Fhunison Innuvution► individually or jointly, as apptfcahle, ("Subscriber Agreement") islare hereby
ineurpurnled by refercricc an(1 matte part of this Order Irorm, In the event there IN a cuulfiel Im1ween the terms and conditions of the Subscriber
Ag""illcot and tint' Itrtus and conditions of Ibis Order Form, the terms and cunditlnns of this Order Form shall control. Subscriber by his/her
slf;unlure bt'luw, nc nawlcdFes his/hc rndcrst mill rid �eptmt of the [crate moil erpul4iunn of the Suhncribcr •rrerttpnt
Sign c \ Date
AUTHORI/.f D RIrPRESF:N I XI IV K FOR ORDER 11— -
PrinterlName Nvid 5• rn �%81A ACCEPTED AND APPROVED FOR
WHATCOM COUNTY:
'I'irle IRAI?4 G OL�LWu'�+
Dale It It so W)') A — A. 1 i r
JAEK LOUWS§ COUNTY EXECUTIVE '
For Credit Card 1 Imnsactions only: Visa — 14aste- card Am Ex
Cprxl >! Eaitir. Date Total Antt, to Charge
41111 1 SAMinc( 4W..dar
9/S'd 96T60L2998T;01 96T60L2998 9df:WMLl 2t7:tbT ZTOZ-t, 68�3d
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WestlawPRO - Deal Builder - Patron Access Select — WestlawNext - Modules Addendum
Customer Account Address:
Account# 1003199172
WHATCOM COUNTY LAW LIBRARY
PATRON ACCESS COURTHOUSE
311 GRAND AVE STE 93
BELLINGHAM
WA
0225
US
360-676-6556
Core Product: Primary Law with KeyClte& All — Washington (WestlawNextT")
Modules Selected
Corpus Jurls SecundumV (WesdawNextn")
All American Jufisprudenoedl Library (WeatlawNext'")
All Piiwn wy Law (We*IlawNbxlt")
Sudnoss Law Pract1dwor Cora — Washington (WezitlawNextI")
Form Finder Advantage (W6sdawNeXtTM)
Legal Research Library (WestlawNext" )
Real Property Practitioner Core -- Washington (WestlawNext'")
RegulauonsPlus (WestlawNext"" PRO)
Related Documents (W66tl6wNext—)
Washington Practice Series (WestlawNext")
Wright & Millees Federal Practice and Procedure (Westlaw exl
Subscrl s Initl I Modules elected by Subscriber: aV
Date: 0
Primed. 2l1ai2012 10.56 PM
9/9-d 96T60Z2998T:01 96T60Z2998 9df:WONJ Et,:bT 2TO2-b2-88d
69
WESTo
A Thomson Reuters business
Government Accounts Only
Addendum to West Order Form for WestlawPRO Orders
Subscriber:
Account #:
Date of Order Form:
1. Effect of Addendum. The underlying Subscriber Agreement for Westlaw and CD-ROM Libraries, West
Order Form and Schedule A Plan 2 WestlawPRO (collectively the "Subscriber Agreement"), between
Subscriber and West is amended as specifically set forth herein to incorporate the terms of this Addendum. As
amended, the Subscriber Agreement shall remain in full force and effect according to its terms and conditions.
All terms used in this Addendum shall have the meanings attributed to them in the Subscriber Agreement. This
Addendum supersedes any and all prior understandings and agreements, oral or written, relating to the subject
matter. In the event there is a conflict between the terms and conditions of the Subscriber Agreement and the
terms and conditions of this Addendum, the terms and conditions of this Addendum shall control.
2. Modification of Order Form -Non Availability of Funds. If Subscriber fails to receive sufficient
appropriation of funds or authorization for the expenditure of sufficient funds to continue service under the
Order Form, or if Subscriber receives a lawful order issued in or for any fiscal year during the Minimum Term
or Renewal Term of the Order Form that reduces the funds appropriated or authorized in such amounts as to
preclude making the payments set out therein, Subscriber may submit a written notice to West seeking
cancellation of the service, the Subscriber Agreement and the Order Form, if permitted under applicable law.
Subscriber shall provide West with notice not less than thirty (30) days prior to the date of cancellation, and
shall include a written statement documenting the reason for cancellation, including the relevant statutory
authority for cancelling, and an official document certifying the non -availability of funds (e.g., executive order,
an officially printed budget or other official government communication). Upon West's receipt of a valid
cancellation notice, Subscriber shall pay all charges incurred for any products and/or. services received prior to
the effective date of the cancellation (and in the case of print/CD-ROM products, return all unpaid print/CD-
ROM products and updates).
West, a Thomson Reuters business
Accepted by:
Title:
Date:
511111
SAMInet
APPROVED AND ACCEPTED FOR WHATCOM COUNTS
Subscriber
Signed.
Name (please print): JACK LOUWS
Title: COUNTY EXECUTIVE
Date:
814.dot
70
2012-177
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Cathy CraverOA-&
5 �/O/Ir
May 22, 2012
Planning Committee
�J I� V D
Division Head:
5 (I I?,
Roxanne Michael
I
MAY 14 2012
Dept. Head:
Sam Ryan
WHATCOM COUNTY
Prosecutor: Royce
Buckingham
COUNCIL
Purchasing/Budget:
Executive:
Jack Lows
TITLE OF DOCoe
U T.
A presentation an iscussion on phosphorus and its impacts to water quality of Lake Whatcom. Presented by
Planning and Development Services and Public Works Departments.
ATTACHMENTS:
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.)
A presentation and discussion on phosphorus and its impacts to water quality of Lake Whatcom. Presented by
Planning and Development Services and Public Works Departments.
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 t��"' Co J.E. "Sam" Ryan
Planning & Development Services �r' °yA Director
5280 Northwest Drive
Bellingham, WA 98226-9097 a
0
360-676-6907, TTY 800-833-6384 'dhINQS
360-738-2525 Fax RECEIVED
Memorandum MAY 1 1 2012
JACK LOUWS
TO: Whatcom County Council COUNTY EXECUTIVE
FROM: Cathy Craver, Planner II ()<v
DATE: May 11, 2012
SUBJECT: Presentation on Phosphorus and Lake Water Quality
At the April 10, 2012 Council Committee of the Whole meeting, staff was asked to provide a
presentation to the Council regarding Phosphorus and lake water quality as part of
background information regarding proposed land use and stormwater regulations. This
presentation is scheduled for May 22, 2012 by Planning and Development Services and
Public Works Department staff.
72
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2012-178
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
M.A.
51812012
512212012
Planning &Development
Matt Aamot
Q
F E C E V D
Committee
Division Head:
5/22/2012
Council
Roxanne Michael
`
2
MAY 14 2012
WHATCOM COUNTY
+
COUNCIL
CO U NC I L
Dept. Head:
Sam Ryan
/����
7
Prosecutor:
Ro ce Buckingham
Royce
_vim.,
✓r ,
10, t2
Purchasing/Budget
Executive:
Jack Loznvs
TITLE OFDOC NT.
Interlocal Agreement between the City of Ferndale and Whatcom County
ATTACHMENTS:
1. Cover letter
2. Proposed Interlocal Agreement for Planning, Annexation and Development within the Ferndale UGA
SEPA review required? ( ) Yes (x ) NO
Should Clerk schedule a hearing? ( ) Yes (X) NO
SEPA review completed? ( ) Yes (x ) NO
Requested Date
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is all 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.)
Request authorization for the County Executive to enter into an interlocal agreement between the City of
Ferndale and Whatcom County concerning planning, annexation and development within the Ferndale urban
growth area.
COMMITTEE ACTION.
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
AB 2011-340D
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.
73
WHATCOM COUNTY
Planning & Development Services
5280 Northwest Drive,
Bellingham, WA 98226-9097
360-676-6907, TN 800-833-6384
360-738-2525 Fax
May 8, 2012
GpM
rr `1a I.E. "Sam" Ryan
a Director
`��•MN6�r RECEIVED
MAY 10 2012
JACK L®UWS
COUNTY EXECUTIVE
To: Jack Louws, The Honorable Whatcom County Executive
The Honorable Whatcom County Council
From: Matt Aamot, Senior Planner q"
Through: Roxanne Michael, Long Range Planning Division ManagerQJ\'�
Sam Ryan, Planning & Development Services Director
RE: Interlocal Agreement with the City of Ferndale
The Whatcom County Comprehensive Plan indicates that the County should have
interlocal agreements with the Cities relating to growth planning and annexation in
urban growth areas. The County and the Cities have worked together to develop
new interlocal agreements and the County Council held a public hearing on the
draft interlocal agreements on March 27, 2012. After this public hearing, the City
of Ferndale requested modifications to the interlocal agreement. Many of
Ferndale's proposed changes are the same as or similar to language in the
approved interlocal agreement with Bellingham.
The Whatcom County Planning and Development Services Department has
reviewed Ferndale's proposed changes and has no objections to the modifications.
We are requesting that the County Council Planning & Development Committee and
full Council consider these changes on May 22, 2012. The interlocal would become
effective when signed by the County Executive and Mayor of Ferndale.
We would like to express appreciation for the positive and collaborative approach
that Ferndale and all of the Cities have taken throughout the interlocal agreement
discussions over the last year.
Thank you for your assistance in this matter.
Office (360) 676-6907 FAX (360) 738-2525
74
INTERLOCAL AGREEMENT 0 / a 0 0 0k
BETWEEN
THE CITY OF FERNDALE AND WHATCOM COUNTY
CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE FERNDALE UGA
This agreement is made by and between the City of Ferndale (herein after referred to as the
City) and Whatcom County (herein after referred to as the County), political subdivisions of
the State of Washington, pursuant to the Interlocal Cooperation Act, RCW 39.34.
WHEREAS, cooperative relationships between the City and County benefit both
organizations as well as residents and stakeholders of incorporated and unincorporated
neighborhoods; and
WHEREAS, the Growth Management Act (GMA) adopted goals to guide the process
of developing comprehensive plans and directed counties to adopt urban growth areas; and
WHEREAS, the Whatcom County County -wide Planning Policies direct each
jurisdiction to acknowledge these policies and implement them through Interlocal
Agreements; and
WHEREAS, review of development within the City's urban growth area (UGA)
should anticipate future annexation into the City; and
WHEREAS, the Whatcom County Comprehensive Plan has identified a UGA that
includes land within unincorporated Whatcom County which the City may annex in the
future; and
WHEREAS, annexations proposed by the City are pursued in accordance with RCW
35A.14 and intended to be consistent with RCW 36.93.180; and
WHEREAS, the City and County recognize that there is a need to facilitate the proper
transition of services and capital projects from the County to the City at the time of
annexation; and
WHEREAS, the City and County recognize that mutual coordination of land use
densities and designations is necessary to reduce urban sprawl, support urban infrastructure
and protect rural areas and resource lands within the County; and
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
75
WHEREAS, consistent regulations and cooperative development review facilitate
creation of a vibrant, attractive and economically healthy urban area with distinct
neighborhoods; and
WHEREAS, Whatcom County Comprehensive Plan Goal 2R requires the
establishment of interlocal agreements between the County and cities in order to accomplish
a variety of growth -related goals; and
WHEREAS, the City and the County recognize the City's responsibility to annex
lands needed for urban residential, commercial and industrial use; and
WHEREAS, the City and County recognize that as the City tax base grows, the
County will share in that growth through revenue sharing mechanisms; and
WHEREAS, the City and County recognize that annexation of developed land will
reduce County tax revenues used to support County services; and
WHEREAS, the City and County have established a formula to mitigate the impact
on the County of revenue losses and to equitably compensate the County for certain capital
facility expenditures in annexed areas; and
WHEREAS, the City and County recognize that annexations can have extra -
jurisdictional impacts and that intergovernmental cooperation is an effective manner to
address those impacts; and
WHEREAS, it is in the best interest of the citizens of both jurisdictions to coordinate
plans and manage growth in the UGA prior to annexation; and
WHEREAS, the City and County desire to develop a general interlocal agreement
that will apply to all annexations;
NOW, THEREFORE, in consideration of the terms and conditions contained herein,
the City and County agree as follows:
Interlocal Agreement
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76
Section 1. Applicability and Amendments to this Agreement
A. The City and the County agree that the contents of this interlocal agreement shall
apply to growth management planning, development within the City's UGA and
annexations.
B. This interlocal agreement will be amended for individual annexations under the
following circumstances:
i. When the City is required by this agreement to reimburse the County for road or
stormwater capital improvements pursuant to section 6 of this agreement.; As part
of the annexation review process, the County shall notibL, the City when a proposed
annexation area includes a capital project that is eligible for reimbursement, and the
amount of the reimbursement per the formula set out in Section 6C of this
agreement. Reimbursement shall only be required for road or stormwater capital
projects that are done in coordination with the City and built to either Cite design
and development standards or an alternative standard agreed to by the County Road
Engineer and the City Engineer.
ii. When agreements relating to maintenance or ownership of stormwater or drainage
facilities, parks, open space or recreational facilities are needed pursuant to sections
7 or 8 of this agreement; or
iii. When the City and County mutually agree to the amendment to address issues of
concern.
C. Whenever possible, annexation -related amendments should be executed by the City
and County prior to expiration of the County's 45-day annexation review period established
pursuant to RCW 36.93.100. However, if the City and County can not come to agreement
concerning any annexation -related issues, the County may request a Boundary Review Board
hearing, and the City and County may continue to negotiate annexation amendment
language.
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D. Annexation -related amendments to this interlocal agreement should include the
following:
i. The annexation's name and boundary review board number;
ii. A map and legal description of the annexation area;
iii. The annexation method, resolution number and date of City acceptance of a petition
or determination to pursue elections for the annexation area;
iv. Compensation or reimbursement formulas for major capital improvements;
V. Capital facilities and parks, open space, and recreational facility maintenance and
ownership agreements;
vi. Transfer of development rights (TDR) and/or purchase of development rights (PDR)
agreement if a TDR and/or PDR procedure has been adopted under section 11.13 of
this interlocal agreement;
vii. Agreements regarding impact mitigation, including but not limited to traffic
mitigation;
viii. Agreements regarding balance between residential and commercial/industrial land;
ix. Identification of the existing and intended service providers for the area (water, sewer,
fire/EMS), including any interlocal agreements or contracts between the City and
Special Purpose Districts; and
X. Signatures by the City's Mayor and County Executive and effective date of the
annexation -related amendment.
E. The City and County recognize that other amendments to this interlocal agreement
may be necessary to clarify the requirements of particular sections or update the agreement.
These amendments may be pursued as necessary by both parties.
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
n
Section 2. Growth Management Planning
A. Inter jurisdictional Coordination. The County and the City will coordinate the
comprehensive plan and UGA reviews required by RCW 36.70A.130(1) and (3) through the
following:
i. Approving, by resolution of the respective legislative bodies, a schedule for joint
County and City review of the UGA.
ii. City and County planners will coordinate and review issues associated with growth
management planning.
iii. Convening a group of elected officials from the County and cities to discuss and
review issues associated with growth management planning.
B. Periodic Review. During the periodic review of comprehensive plans undertaken
pursuant to RCW 36.70A.130 (1), the County and City will coordinate and share proposals
for comprehensive plan amendments relating to the UGA and/or adjacent areas.
C. Urban Growth Area. Whatcom County will review the UGA in accordance with the
schedule in RCW 36.70A.130 to ensure that the UGA can accommodate the urban growth
projected to occur in the 20-year planning period established by the Whatcom County
Comprehensive Plan. The County will coordinate with the City through the UGA review
process. The City will submit recommendations to the County in accordance with the
schedule for joint County and City review of the UGA. In conjunction with the UGA
review, the City and County agree to jointly review the densities permitted, achieved and
assumed within the City and UGA, and the extent to which the urban growth has occurred
within the City and unincorporated portions of the UGA.
D. Land Capacity.
i. The City and County agree to review and jointly approve, in conjunction with the
other cities, the Whatcom County Land Capacity Analysis Detailed Methodology.
ii. The City and County agree to review land capacity and needs for the UGA in
conjunction with the next UGA review.
iii. In general, for property within the City limits, the comprehensive plan designations,
planned densities adopted in the City's GMA-compliant comprehensive plan, city
zoning classifications and/or achieved densities will be utilized in the land capacity
InterIocal Agreement
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79
analysis unless mutually agreed by the parties or the County identifies clear and
compelling rationale for deviating from these designations and densities.
iv. For property within the UGA but outside the City limits, assumed densities will be
determined through a collaborative process between the County and City, consistent
with the Whatcom County Land Capacity Analysis Detailed Methodology, as now
exists or hereafter may be amended.
E. Population and Employment. The County and City will work together to develop
proposed population and employment projections and allocations that are within the range of
the Washington State Office of Financial Management projections. The proposed
projections and allocations should be developed in conjunction with the other cities. The
proposed projections and allocations will be forwarded to the respective legislative bodies for
consideration.
F. City Comprehensive Plan. The City will adopt comprehensive plan designations for
annexation areas consistent with the GMA. The City may also establish an annexation
blueprint, phasing plan or comprehensive plan policies to appropriately manage phasing of
growth in the UGA.
G. Accommodation of Growth. The City and County agree, through a collaborative
process, to accommodate and plan for population and employment growth allocated to the
UGA in the Whatcom County Comprehensive Plan.
H. Residential Zoning Districts. The City and County recognize that urban densities must
be achieved in order to meet the goals of the GMA. The City will conduct a formal process,
including City Planning Commission and City Council review, to consider adopting
minimum urban densities in residential zoning districts by June 30, 2016. The City will
retain the final authority to determine whether or not to adopt such minimum densities.
I. Capital Facility and Urban Service Planning. At a minimum, the City will utilize
Whatcom County Comprehensive Plan population and employment projections, for the
planning horizon year in the County Plan, when developing or updating capital facility
and/or urban service plans. The City, at its discretion, may plan for growth above that
contained in the Whatcom County Comprehensive Plan, provided that such growth is
contained within the designated UGA, UGA Reserve or future study areas. City capital
facility and/or urban service plans may also project and plan for growth beyond the 20-year
planning period established in the Whatcom County Comprehensive Plan, but such
additional growth projections do not obligate Whatcom County to modify its projections or
Comprehensive Plan.
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J. Water and Sewer. The City will develop and maintain capital facility plans, in
compliance with the requirements of the GMA, to provide urban levels of water and sewer
service within the UGA. The City agrees to consider the Coordinated Water System Plan
when the Ferndale Water System Plan is updated and the County agrees to consider the
Ferndale Water System Plan when the Coordinated Water System Plan is updated.
K. Stormwater Plans. The City will review, and if necessary, adopt a new or updated
stormwater plan for the UGA.
L. Transportation Plan. The City will review and, if necessary, adopt a new or updated
transportation plan or element for the UGA.
M. Critical Areas. The City will maintain development regulations to protect critical
areas consistent with the GMA.
N. County -Wide Planning Policies. When the County -wide Planning Policies are
updated, the City and County agree to work together to develop a set of policies that are
acceptable to, and adopted by, both jurisdictions.
Section 3. Annexations
A. Role of Boundary Review Board. When
the UGA., the v
BoardAevlew
aA-411 be
retained
_ _
er-iter-ia outlined in this inter-lecal agreement, or- other -wise allowed by state law.
The Boundary Review Board was established prior to adoption of the Growth Management
Act, prior to the establishment of UGA boundaries, and prior to the adoption of a
City/County interlocal agreement that addresses issues associated with the potential impacts
of annexations and includes a process for resolving disputes. As a result, the City and County
agree to jointly review with the other jurisdictions and service providers the potential for
modifying the role of BRB in the annexation process.
B. Annexation Planning. Annexations may only take place for land within the UGA
designated in the Whatcom County Comprehensive Plan. Annexations shall be based on
policies adopted in the City's Comprehensive Plan, be consistent with adopted County -wide
Planning Policies and Whatcom County Comprehensive Plan Goal 2P, and Policies 2N-5,
2N-6, 2P-1, 2P-2, 2P-3 and 2P-4. Annexations shall include logical boundaries and be timed
in a way which allows for transition of services between the City and County (and Special
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Purpose District, if applicable). Considerations in defining logical physical boundaries shall
include one or more of the following:
i) Size and shape of the area to be annexed;
ii) Preservation of neighborhoods and communities;
iii) Use of physical boundaries, including but not limited to, bodies of water,
roads, and land contours;
iv) Creation and preservation of logical service areas;
v) Prevention of abnormally irregular boundaries;
vi) Dissolution of inactive Special Purpose Districts;
vii) Adjustment of impractical boundaries;
viii) Annexation of unincorporated areas which are urban in character;
ix) Consistency with the City's Annexation Blueprint, if adopted;
x) The City's ability to provide the full range of urban services.
In order to facilitate communication and review of annexations, the City will notify the
County Director of Planning and Development Services and County Director of Public
Works, or their designees, prior to the City Council's acceptance of a Notice of Intent to
Commence Annexation. The City will also notify the County Director of Planning and
Development Services and County Director of Public Works, or their designees, within 10
days of approving or denying a resolution or ordinance to accept the petition for annexation.
The County Public Works Department will notify the City if compensation for road
construction or stormwater facilities will be sought under section 6 of this Interlocal
Agreement.
C. Balanced Annexations. The City agrees to employ its annexation authority in a
manner that strives to maintain a balance of commercial, industrial and residential properties
inside the City and within successive annexation plans and proposals.
D. City Zoning_ The City agrees to identify appropriate city zoning at the time it accepts
the initial annexation proposal submitted by residents and/or owners of the proposed
annexation area. The City will adopt the zoning to be applied to the area at the same time the
annexation ordinance is adopted. Zoning changes adopted within annexation areas shall be
considered in evaluating the balance of residential, commercial and industrial properties.
E. Appropriate Urban Densities. For residential zoning districts in annexation areas,
the City agrees to adopt appropriate urban densities consistent with the State GMA, City
Comprehensive Plan, and the overall density goals of the County Comprehensive Plan.
F. Administration of Special Assessments. When annexations occur which encompass
less than the entirety of a local improvement district (LID), utility local improvement district
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(ULID), local utility district (LUD), road improvement district (RID) or local road
improvement district (LRID), the assessments for those parcels within the annexation area
will continue to be administered by the County Treasurer. If an annexation includes the
entirety of an LID, ULID, LUD, RID or LRID future administration will be mutually agreed
upon by the City and County.
G. Developer Reimbursement Agreements. The City will assume administrative duties
for any developer reimbursement agreement, including but not limited to latecomer
agreements, for the portion of the affected area that the City annexes. For developer
reimbursement agreements involving property located partially or wholly within the City's
UGA, the County will include a provision in the agreement stating that upon annexation, the
administrative functions under the agreement for the annexed area will transfer to the City
with no additional action needed by the parties, and further stating that said transfer of
administrative responsibilities will include the authority to collect any associated
administrative fees as established in the agreement. Upon execution of any developer
reimbursement agreement where the affected area is located wholly or partially within the
City's UGA, the County will provide to the City a copy of the agreement.
H. Records Transfer. The County agrees to make ever-ll effort to transfer all relevant records
for properties in an annexation area within 60 days of receiving -written notice from the Cite
of an. approved annexation.
I. Annexation Blueprint. The City intends to adopt an Annexation Blueprint, or annexation
phasing plan, to guide future annexations. The City agrees to transmit a copy of the draft
Annexation blueprint or phasing plan to the County for comment prior to City adoption of
the plan.
Section 4. Processing Applications Prior to Annexation
A. Zoning. Whatcom County zoning will apply within the City's unincorporated UGA
until annexation.
B. Rezones within the UGA. The County will not approve rezone requests for property
within the UGA without consideration of City input, which should include an evaluation of
consistency with the City Comprehensive Plan. The County agrees to notify the City of any
rezone applications received within the UGA within 14 days of receiving a complete
application or issuing a determination of completeness. The County agrees to meet with City
staff to share information and discuss issues regarding any proposed rezone. The County
agrees to provide notice of the time, date and location of the public hearing at least ten days
prior to the public hearing.
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C. Administrative Approval and Conditional Uses. The County agrees to notify the City
of administrative approval use and conditional use permit applications for land within the
City's UGA. Such notice will be provided concurrent with the notice of application.
D. Subdivisions and PUDs. The County agrees to notify the City of all subdivision,
binding site plan and PUD applications inside the UGA. Such notice will be provided
concurrent with the notice of application. The County agrees to invite the City to participate
and respond in Technical Review Committee meetings regarding such projects. If adopted
by the County, City subdivision standards shall be applied when appropriate. The City
agrees to review subdivision plans for consistency with City design standards and
development regulations and to participate in the TRC review process.
E. Commercial/Industrial Building Permits. The County should notify the City within
fifteen days of receipt of an application for a building permit for a commercial or industrial
structure within the UGA that does not require an administrative approval use or conditional
use permit. In addition, the County will invite the City to participate in pre -application and
technical review meetings regarding commercial and industrial building permit applications.
F. Development Standards. The County will conduct a formal process, including
County Council review, to consider adopting City development standards for development
within the City Urban Growth Area by December 30, 2013. The City will make specific
recommendations relating to which development standards to apply within the Urban Growth
Area. The County will retain the final authority to determine whether or not to adopt City
development standards.
If the County adopts City development standards, the City agrees to review development in
the UGA and make recommendations to the County relating to whether the development
complies with City development standards.
Section 5. Permit Processing After Annexation.
The City and County agree as follows:
A. Building Permits. As the agent of the City, the County shall continue to process
under County codes and building permit requirements to completion any building permits
and associated permits for which it received a fully complete permit application and
accompanying fee prior to the effective date of the annexation. Associated permits shall be
defined as clearing, grading, mechanical, plumbing, fire sprinkler, and occupancy permits
related to those projects being processed by the County. Completion shall mean final
administrative approvals.
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
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Except as provided below for permit extensions, in the case of building permits issued prior
to the date of an annexation, the applications and permits shall be processed through final
inspection and/or issuance of an occupancy permit by the County. The final inspection for
building permits should be a joint City/County inspection with the City in attendance for
information purposes only.
B. Administrative and Discretionary Permits. As the agent of the City, the County shall
continue to process to completion any administrative and discretionary development permit
proposals, including those for short plats, administrative approval use permits, shoreline
permits, long plats, binding site plans and conditional use permits, for which it received a
fully complete permit application and accompanying fee prior to the effective date of an
annexation. Completion shall mean final administrative or quasi-judicial approvals. Such
permit applications will be transferred to the City for processing if mutually agreed by the
City and County. In the case of action required by the legislative body, the City Council shall
take final action relating to property that has been annexed.
C. Permit Extensions. Any request for extension of a permit issued by the County which
is received after the annexation date shall be made to and administered by the City.
D. Enforcement of Conditions. To the extent authorized by law, the City agrees to
enforce any conditions imposed by the County unless waived or modified by the City. The
City should notify the County and provide the County with the opportunity to comment prior to
waiving or modifying any conditions imposed by the County. The County will make its
employees available to provide assistance in any enforcement action relating to conditions
originally prepared by County personnel.
E. Development Securities or Financial Guarantees. For permits that are transferred to
the City for processing after annexation, performance and maintenance securities, landscape
securities, critical area or shoreline mitigation sureties, and other associated securities
received by the County prior to annexation will be assigned to the City, if such securities
allow assignment. As of the effective date of this interlocal agreement, the County will
ensure that all such securities allow assignment to the City without further approval by any
party, if allowed by the security provider.
For permits that the County continues to process after annexation, the County will continue
to hold the associated securities.
In the event that the securities are not assigned to the City, the City and the property owner
will be notified that the County will continue to hold the securities until:
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
i. The jurisdiction processing the permit under section 5A or 5B above confirms that
the securities may be released; or
ii. The jurisdiction processing the permit under section 5A or 5B above determines that
the developer has not complied with the condition of approval, at which time the
County agrees to exercise the security and transfer the funds to the City to fulfill the
condition of approval; or
iii. The securities automatically expire.
F. Pen -nit Status Review. At the request of the City or County, the jurisdictions will
meet to discuss the status of permits in an annexation area remaining under review by the
County and determine whether or not responsibility for continued processing should be
transferred to the City. Any change in permit processing responsibility shall be provided by
written agreement, acceptable to both parties.
Section 6. Roads and Stormwater Facilities
A. Maintenance and Ownership Responsibilities. Unless the County agrees to retain a
specific road in County jurisdiction, the City will annex the entire right-of-way of County
roads adjacent to an annexation boundary and will assume full maintenance responsibility for
those roads upon the effective date of the annexation. It may also be desirable to include in
an annexation adjacent road sections to avoid dead-end segments or portions of roads that
meander in and out of jurisdictions. Such situations may be negotiated on a case by case
basis.
B. Unexpended Mitigation Payments. Funds for road related mitigation payments or
impact fees received by the County for projects within an annexation area which remain
unexpended as of the effective date of the annexation will be transferred to the City, if
allowed by law, within six months of the effective date of the annexation.
C. Compensation for Capital Construction Projects. The City agrees to reimburse the
County for the depreciated value of capital road and stormwater construction projects that are
either built to City standards or an alternative standard agreed to by the County Road
Engineer and the City Engineer and completed during the ten-year period prior to annexation
as shown on Exhibit A; which will be updated at the time of annexation if necessary.
The City agrees to reimburse the County for depreciated County costs incurred by the
County in implementing the projects listed in Exhibit A based on a 10 year, straight line
depreciation. The City may reserve the right to inspect roadways and infrastructure in order
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City of Ferndale & Whatcom County (May 2012)
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to determine compliance with approved engineered civil construction plans, prior to
payment.
This reimbursement will be for the value of the County's share of funds spent for the
construction of major public facilities, excluding grant funding, including but not limited to
new roads and sidewalks or those roads which have undergone a major reconstruction. It
shall not include routine maintenance expenditures for such facilities.
Actual reimbursement amounts and timing of payments shall be negotiated between the City
and County Public Works Department prior to annexation. The agreement shall be included
as part of an amendment to this interlocal agreement. Exhibit A lists the County capital road
and stormwater construction projects that have been completed within 10 years prior to the
effective date of this agreement. Exhibit A will be updated as necessary to incorporate any
new projects. These projects are to be included within the reimbursement mentioned in this
section. Reimbursement shall not include routine maintenance expenditures. A project listed
on Exhibit A shall be automatically removed from the list at the end of the tenth budget year
following final acceptance of the project.
The County also agrees to consult with the City in planning for new capital road and
stormwater construction projects within the City's UGA. At the time of consulting with the
City, both parties will discuss the need for shared responsibilities in implementing a project,
including the potential for grant funding, bonding or loans. Any agreements related to shared
responsibilities for road projects within the City's UGA shall be added as amendments to
Exhibit A of this interlocal agreement.
Section 7. Water Resource Management
A. Stormwater Management. The City and the County, and where appropriate, special
purpose districts, will coordinate development of and funding for stormwater management
and drainage plans and standards. The City and the County will also work together to
develop and implement the Comprehensive Flood Hazard Management Plan.
B. Watershed Planning. The County and the City recognize that watershed management
planning is ongoing. The County and City may develop and adopt interlocal agreements for
joint watershed management planning, groundwater protection, capital construction and
other related services.
C. Maintenance and Ownership of Drainage Facilities. If an annexed area includes
stormwater or drainage improvements or facilities the County currently owns or maintains,
the City and County shall agree to the maintenance and ownership responsibilities prior to
annexation. The responsibilities resulting from such discussions shall be included as part of
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City of Ferndale & Whatcom County (May 2012)
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an annexation -related amendment to this agreement, except for facilities located in right-of-
way annexed by the City that will be maintained by the City.
Section 8. Parks, Open Space and Recreational Facilities
A. Open Space and Parks. Open space and parks will be identified through advanced, joint
planning and review of development projects within the City UGA and should be based upon
the City's adopted park and/or trail plan and City standards. The City should consider
mapped floodplain areas when identifying open space within the urban growth area.
B. Maintenance and Ownership Responsibilities. If an annexed area includes park, open
space or recreational facilities the County currently owns listed in Exhibit B, the City and
County shall agree to the maintenance, operation and ownership responsibilities prior to
annexation. The responsibilities resulting from such discussions shall be included as part of
an annexation -related amendment to this agreement.
Section 9. Provision of Services
A. Police Services. Law enforcement services shall transfer from the Sheriffs Department
to the City Police Department upon annexation.
B. Special Purpose Districts. Prior to each annexation, the County and/or the City may
negotiate interlocal agreements with Special Purpose Districts providing services inside and
outside urban growth areas to address issues such as financial concerns and level of service.
C. Fire and Emergency Medical Services.
Upon annexation, the City shall assume responsibility for delivery of fire and emergency
medical services within the annexed area or contract with the appropriate fire district.
D. Urban Services. In general, cities are the units of local government most appropriate to
provide urban governmental services. It is not appropriate that urban governmental services
be extended to or expanded outside the UGA, 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 non -urban densities permitted by existing County
zoning and do not permit urban development.
E. Impact Fee Review. The City and County agree to discuss the potential for a
comprehensive, county -wide system of impact fee collection.
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F. School Impact Fees. The County should consider adopting school impact fees if the
Ferndale School District requests impact fees and meets the requirements of Whatcom
County Code 20.75.
Section 10. Sales Tax Revenue Sharing
City and County agree to share in the sales tax revenues for annexations of significant
developed commercial and/or industrial land. In those cases, sales tax revenues will be
computed and shared on the following basis:
To determine Base Value for the local sales tax revenue, Base Value for the 1st, 2nd
and 3rd years equals total sales tax revenue from the 1 % local sales tax collected in the
12 full calendar months following the effective date of the annexation and following
the first and second anniversaries, respectively, so that the Base Value is established
on the actual sales tax collected during the time between payments.
1st year County receives .80
of Base Value
2nd year County receives .50
of Base Value
3rd year County receives .20
of Base Value
The County shall receive .15 directly from the State. The City will reimburse the
difference (.65 Base Value 1st year, .35 Base Value 2°d year, and .05 Base Value 3rd
year) to the County.
The first payment from the City to the County shall be due and payable within ninety days of
the first anniversary of the effective date of the annexation with subsequent payments due
and payable within ninety days of the second and third anniversary dates of the effective date
of the annexation. It is agreed that upon completion of payments as scheduled, each party
will have been fairly, fully and adequately compensated for their respective annexation
impacts under this section.
For the purposes of this interlocal agreement "significant developed commercial and/or
industrial land" shall be those properties which together generated $50,000 or more in annual
sales tax revenue over the one year period prior to annexation. Said one year period shall
include the 12 full calendar months preceding the effective date of the annexation. In these
cases sales tax revenues will be computed and shared on the basis described above.
Interlocal Ageement
City of Ferndale & Whatcom County (May 2012)
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Section 11. Agricultural Resource Lands and Rural Areas
Whatcom County has established a goal of protecting at least 100,000 acres of agricultural
land (Resolution 2009-040). In order to implement this goal and the Whatcom County
Comprehensive Plan, the County and City are outlining the respective roles of the County
and City in protecting agricultural land:
A. Right to Farm. The City will adopt right to farm notification procedures pursuant to
RCW 36.70A.060(1)(b) by December 31, 2012.
B. Transfer of Development Rights. The City and County will work to develop a
mechanism and procedure to transfer development rights, which may include the purchase of
development rights and/or in lieu fees, from designated Agricultural resource lands or rural
areas to the City and/or annexation areas.
C. Setbacks. The City will assure that the use of lands adjacent to designated
Agricultural resource lands will not interfere with the continued use, in the accustomed
manner and in accordance with best management practices, of these designated lands for the
production of food and other agricultural products, pursuant to RCW 36.70A.060(1)(a). The
City will conduct a formal process, including consultation with the County, City Planning
Commission review and City Council review, to consider adopting setbacks for development
adjacent to lands designated Agriculture on the Whatcom County Comprehensive Plan map
(which are agricultural lands of long-term commercial significance) by June 30, 2016.
The City will retain the final authority to determine whether or not to adopt such setbacks.
Section 12. Other Provisions
A. GIS Data Sharing. The City and the County will cooperate in data sharing.
B. Transfer of Land: The City and County will consult on the possibility of transfer of
land from County to City ownership if included in an annexation.
C. Offsite Mitigation Improvements: The City and County should cooperate on
establishing a program that would allow development activities within the City to transfer
wetland mitigation to locations within the unincorporated County, in order to permit
development sufficient to achieve urban densities within the City and accomplish the best
ecological outcome, subject to the following:
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City of Ferndale & Whatcom County (May 2012)
7.1
i. Whatcom County will not assume any new administrative responsibilities, such as
approving and monitoring wetland mitigation, unless explicitly approved by the
Whatcom County Council.
ii. Prior to proposing a wetland mitigation program that includes areas designated as
Agriculture on the Whatcom County Comprehensive Plan map, the City and the
County will consider recommendations of the Agricultural Advisory Committee.
iii. The County and City will consider any mutually agreeable changes to their respective
development regulations addressing off -site wetland mitigation.
iv. In some cases, such offsite mitigation may include the transfer or purchase of
development rights.
D. Slater Rd. UGA Reserve — The City of Ferndale and Whatcom County agree to
consult with the City of Bellingham prior to re -designating the Slater Rd. UGA Reserve to
UGA.
Section 13. Existing Agreements, Standards and Studies
The City and County mutually agree to identify and evaluate all existing mitigation
agreements, interlocal agreements, appropriate inter jurisdictional studies and agreed upon
standards affecting an annexation area to which the City or County is a party.
Section 14. Relationship to Existing Laws and Studies
This agreement in no way modifies or supersedes existing State laws and statutes. In
meeting the commitments encompassed in this agreement, all parties will comply with the
requirements of the Open Public Meeting Act, State Environmental Policy Act, annexation
statutes and other applicable State or local law. The ultimate authority for land use and
development decisions is retained by the County and City within their respective
jurisdictions. By executing this agreement, the County and City do not purport to abrogate
the decision -making responsibility vested in them by law.
Section 15. Hold Harmless
The City shall protect, save harmless and indemnify at its own expense, the County, its
elected and appointed officials, officers, employees and agents, from any loss or claim for
damages of any nature whatsoever arising out of the City's performance of this agreement.
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91
The County shall protect, save harmless and indemnify at its own expense, the City, its
elected and appointed officials, officers, employees and agents from any loss or claim for
damages of any nature whatsoever arising out of the County's performance of this
agreement.
Section 16. Dispute Resolution
The City and County mutually agree to use mediation for a minimum of 90 days if agreement
cannot be reached on any provision of this agreement. After the 90 day period, any party
may elect to utilize binding arbitration. In the event that arbitration is needed, one member
of the arbitration team shall be selected by the City, one member shall be selected by the
County and the third member shall be selected by the other two members. The decision of
the arbitration team on the issue shall be final.
Section 17. Implementation
Whatcom County and the City will strive to engage in collaborative discussions in order to
implement this interlocal agreement. When these discussions lead to proposed legislative
action, such as amendments to a comprehensive plan, the County Council and City Council
are not bound to take any specific future action.
Section 18. Effective Date, Duration and Termination
This agreement shall be effective upon signature by both the Mayor of the City and
Whatcom County Executive. This agreement shall remain in effect until June 30, 2022,
unless modified or terminated by written agreement of both parties.
Section 19. Severability
If any provision of this agreement or its application to any person or circumstance is held
invalid, the remainder of the provisions and/or the application of the provisions to other
persons or circumstances shall not be affected.
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
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92
IN WITNESS WHEREOF, the parties have signed this agreement, effective on the date
indicated below.
CITY OF FERNDALE
By
Gary Jensen, Mayor
Date
Approved as to form:
Office of the City Attorney
Attest
STATE OF WASHINGTON )
) ss.
County of Whatcom )
WHATCOM COUNTY
By
Jack Louws, County Executive
Date
Approved as to form:
Whatcom County -Prosecutor
On this day of , 2012, before me personally appeared Gary
Jensen, to me known to be the Mayor of the CITY OF FERNDALE, and who executed the
above instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State
of Washington residing at
My appointment expires:
STATE OF WASHINGTON )
) ss.
County of Whatcom )
On this day of , 2012, before me personally appeared JACK
LOUWS, to me known to be the County Executive of WHATCOM COUNTY, and who
executed the above instrument and who acknowledged to me the act of signing and sealing
thereof.
Interlocal Agreement
City of Ferndale & Whatcom County (May 20I2)
I9
NOTARY PUBLIC in and for the State of
Washington residing at
My appointment expires:
93
EXHIBIT A
COUNTY ROAD AND STORMWATER PROJECTS
REQUIRING POTENTIAL REIMBURSEMENT
No County road or stormwater projects, potentially requiring reimbursement under Section
6.0 of this interlocal agreement, have been identified in the Ferndale UGA.
Interlocal Agreement
City of Ferndale & Wbatcom County (May 2012)
20
EXHIBIT B
COUNTY OWNED PARK, OPEN SPACE AND RECREATIONAL FACILITIES
WITHIN THE FERNDALE UGA
There are no County owned facilities within the UGA at the time of this
agreement.
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
a
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WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2012-018
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assi ned to:
5127112 Council Committee
Originator: 5122112 of the Whole
Wendy Wefer-Clinton (,d iLLJ
(Executive Session)
G E C E � V E D
Division Head 5122112
Karen S. Goens MAY 14 2012
Dept. Head:
WHATCOM COUNTY
Prosecutor: COUNCIL
Purchasing/Budget:
Executive:
TITLE OF DOC17rNT.•
ATTACHMENTS:
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes (X ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Strategy planning discussion and positions to be taken regarding collective bargaining.
(per RCW 42.30.140(4)(a))
COMMITTEEACTION:
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at. www.co.whatcom.wa.us/council.
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
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herein is subject to change upon further review and approval by the Whatcom
County Council.
WHATCOM COUNTY COUNCIL
Regular County Council
April 24, 2012
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL (7:02:08 PM)
Present: Barbara Brenner, Ken Mann, Bill Knutzen, Kathy Kershner and Carl
Weimer.
Absent: Sam Crawford and Pete Kremen.
FLAG SALUTE
ANNOUNCEMENTS
MINUTES CONSENT (7:03:13 PM)
Weimer moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5)
Nays: None (0)
Absent: Kremen and Crawford (2)
1. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 27, 2012
2. COMMITTEE OF THE WHOLE FOR MARCH 27, 2012
3. REGULAR COUNTY COUNCIL FOR MARCH 27, 2012
4. BOARD OF HEALTH FOR APRIL 3, 2012
PUBLIC HEARINGS
1. RESOLUTION AUTHORIZING THE PURCHASE OF DEVELOPMENT RIGHTS
PROGRAM ADMINISTRATOR TO APPLY FOR PDR EASEMENT PURCHASE
MATCH FUNDING TO THE WASHINGTON STATE RECREATION
CONSERVATION OFFICE, WASHINGTON WILDLIFE AND RECREATION
PROGRAM -FARMLAND PROTECTION PROGRAM (AB2012-157) (7:03:49 PM)
Whatcom County Council, 4/24/2012, Page 1
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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 opened the public hearing, and the following people spoke:
Greg Brown submitted and read from a handout (on file) and stated he doesn't
approve of the resolution due to a lack of local funding, the short deadline, because it's
sponsored by the Washington Wildlife and Recreation Program, and because the language
'lour organization" isn't clarified.
Ellen Baker stated she is opposed to the grant application because it doesn't identify
a specific amount, it may obligate the land in perpetuity, because the County has to
maintain it forever, and because it is a wildlife habitat conservation project in agriculture.
Patrick Alesse stated he supports the resolution. The real cost is the cost to deliver
services out there.
Paul Schissler, Purchase of Development Rights (PDR) Oversight Committee Vice -
Chair, stated he supports the resolution. The grant stretches the local conservation futures
funds. The State manages this funding, which existed before the State legislature put State
money into farmland protection. They're using the same system that was already in place
for State review, rating, and ranking of applications. The Oversight Committee received
feedback from the County Executive, and recognize improvements can be made in the PDR
program, which is one tool among many needed to support the agricultural economy and
protect farmland. The PDR Oversight Committee is close to making a recommendation to
the County for some changes to the County Code. In the meantime, farmland owners are
eager to protect their land in perpetuity. They're volunteering to put an easement on the
land. They are being compensated for the easement value according to an appraiser.
Hearing no one else, Kershner closed the public hearing.
(7:14: 31 PM)
Weimer reported for the Natural Resources Committee and moved to approve the
resolution.
Knutzen asked it is possible to change the language in the resolution to specifically
refer to Whatcom County instead of "our organization."
Samya Lutz, Planning and Development Services Department, stated the State
organization gave this exact resolution to the County. She would defer the question to legal
counsel.
Karen Frakes, Prosecutor's Office, stated she can't imagine the State would have a
problem with the change.
Mann stated it's a resolution, not an ordinance.
Knutzen asked if applying for the money obligates the County to the purchase of
development rights (PDR) requests that have come forward. Lutz stated it doesn't. The
resolution authorizes the County to ask for the money. When the money comes, another
process happens. The County hasn't authorized appraisals of the properties. They are now
using an estimated value based on previous appraisals to request the funds for the
Whatcom County Council, 4/24/2012, Page 2
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
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herein is subject to change upon further review and approval by the Whatcom
County Council.
properties. If the County receives funding, they'll know it's worthwhile to do more due
diligence and a full appraisal. Before any development right purchase is closed, the Council
will receive a supplemental budget request. The request asks for $147,500, which is an
estimate based on previous appraisals plus a bit of a contingency.
Brenner asks what happens with the funding if the Council decides to change what
it's doing. Lutz stated there will be a negotiation process with the State's grants manager.
Mann asked if the source of funds is the conservation futures funds. Lutz stated it is.
They've always used conservation futures funds for a 50 percent match for the cost of the
easement.
Knutzen asked if the Council has an option to not approve all the projects being
recommended today if the County requests the full $147,500. Lutz stated three of the four
properties are included in the grant application.
Brenner stated have a dedicated percentage of the conservation futures fund be
dedicated to agricultural preservation. That gives the County more access to more types of
funding. She doesn't like the process, which depends on anyone volunteering to make an
application. Instead, the County should determine and target the prime agricultural land,
and outreach to those property owners.
Kershner asked if the County can substitute projects after the funding is granted.
Lutz said they've done substitutions in the past. It's challenging, and is not typically
allowed. The State opens this grant application process every two years.
Brenner asked what happens to the grant funds if the Council doesn't approve one of
the projects that was included in the grant application. She asked if the County would
receive a lesser amount of grant funds. Lutz stated that's correct. The State commits
funding to a specific property. If the County doesn't move forward with that property, it can
move forward with another property. The State would rank the County's properties
separate from the County's ranking process.
Kershner asked the conservation futures fund balance. Lutz stated the balance is
over $1 million.
Paul Schissler, Purchase of Development Rights Oversight Committee Vice -Chair,
stated the PDR Oversight Committee is working on recommendations for dedicating a
portion of the conservation futures fund to the PDR program, how to target certain kinds of
properties, and how to outreach to those farmland owners. Some counties spend 100
percent of their conservation futures fund on farmland protection. He would like the
committee to receive input about it in the next couple of months.
Kershner stated Councilmember Weimer can schedule a discussion in the Natural
Resources Committee to give direction to the committee.
Knutzen suggested a friendly amendment to amend the second Whereas
statement and items three and five in the "Now, Therefore" section, "
Whatcom County."
Whatcom County Council, 4/24/2012, Page 3
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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.
Weimer accepted the friendly amendment.
The motion to approve as amended carried by the following vote:
Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5)
Nays: None (0)
Absent: Kremen and Crawford (2)
OPEN SESSION (7:31:24 PM)
The following people spoke:
• Darrell Sofield spoke about the Whatcom Land Recreation Coalition and the
Lake Whatcom reconveyance.
• Mike Kaufman, Occupy Bellingham, spoke about police riot control and the
goal of the Occupy movement.
• Tee King spoke about coal trains in Whatcom County.
Kershner asked legal counsel if the Council should allow comments like those of the
previous speaker.
Karen Frakes, Prosecutor's Office, stated it isn't appropriate. People should submit
comments in writing.
Brenner stated the Council won't be out of the process until the process is done. The
County Council will take all the time it needs to look over every bit of information. At that
time, people will have an opportunity to comment to the Council.
Mann stated he hopes the Council continues to allow open session to truly be open.
Even if comments are about a coal terminal, the open session is on the record. No one can
disqualify all seven councilmembers for sitting through open session.
Kershner stated she would like to work with legal counsel over the next couple of
weeks to develop a recommendation for the Council to approve.
• (Clerk's Note: The speaker following Tee King requested that his/her
testimony not be included in the minutes. The speaker's testimony is available
on the meeting's audio recording.)
Kershner stated people can submit their comments in writing to the Planning
Department, which is collecting all comments. When this issue comes before the Council,
the councilmembers will have access to all comments. The Council is not shutting anyone
out. The Council is trying to follow the legal process for this application.
• Wendy Steffenson, ReSources Lead Scientist, submitted and read from a
handout (on file) and spoke about Birch Bay Birch Bay Watershed Low Impact
Development Overlay (AB2012-109B).
• Tom Omore spoke about the Lake Whatcom reconveyance.
• Greg Brown submitted and read from a handout (on file) and spoke about the
resolution affirming the PDR Oversight Committee ranking (AB2012-159).
Whatcom County Council, 4/24/2012, Page 4
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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.
• Mike McKenzie spoke about the Lummi Island Ferry Advisory Committee
appointments.
• Patrick Alesse submitted a handout (on file) and spoke about the Birch Bay
Drive Pedestrian Facility.
• Karen Steen asked about public comment on the coal train.
Kershner stated the Council must act in a quasi-judicial manner. She explained the
application process and nature of quasi-judicial matters that come before the County
Council.
Brenner stated this is not a new process. People may not be able to speak to the
Council at open session, but they will have an opportunity to speak about the issue at a
public hearing in the future. There's no bias. At that point, the Council can look at anything
it wants.
• Scott Hackett, Whatcom County Pomona Grange Master, submitted and read
from a handout (on file) and spoke about the proposed South Fork Park.
CONSENT AGENDA (8:07:25 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through four.
The motion carried by the following vote:
Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5)
Nays: None (0)
Absent: Kremen and Crawford (2)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND WHATCOM
COUNSELING AND PSYCHIATRIC CLINIC TO PROVIDE CRISIS MANAGEMENT
AND STABILIZATION TO ACUTE MENTALLY ILL OFFENDERS IN THE
WHATCOM COUNTY JAIL, IN THE AMOUNT OF $30,608 FOR A TOTAL
AMENDED CONTRACT IN THE AMOUNT OF $140,887 (AB2012-162)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SNOHOMISH COUNTY
UTILIZING STATE HOMELAND SECURITY FUNDING TO ENHANCE LOCAL
GOVERNMENTS' ABILITY TO PREVENT, PROTECT AGAINST, RESPOND TO,
AND RECOVER FROM TERRORIST ATTACKS AND OTHER DISASTERS, IN THE
AMOUNT OF $121,464 (AB2012-163)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND PIONEER HUMAN SERVICES
TO PROVIDE WITHDRAWAL, OUTREACH, AND ENGAGEMENT SERVICES TO
OPIATE ADDICTED INDIVIDUALS, IN THE AMOUNT OF $183,135 (AB2012-
164)
Whatcom County Council, 4/24/2012, Page 5
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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.
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #12-25
FOR ON -CALL RENTAL EQUIPMENT TO ALL BIDDERS, WITH THE INTENT OF
OBTAINING FIRM PRICING ON RENTAL EQUIPMENT IN AN ANNUAL AMOUNT
THAT COULD EXCEED $35,000 FOR A SINGLE VENDOR (AB2012-166)
OTHER ITEMS
1. RESOLUTION AFFIRMING THE PDR OVERSIGHT COMMITTEE RANKING AND
AUTHORIZING WHATCOM COUNTY PURCHASE OF DEVELOPMENTS RIGHT
ADMINISTRATOR AND WHATCOM COUNTY EXECUTIVE TO PROCEED WITH
THE ACQUISITION PROCESS FOR PDR APPLICATIONS (AB2012-159)
(8: 08:20 PM)
Weimer reported for the Natural Resources Committee and moved to approve the
resolution.
Brenner stated she doesn't support the Hubbard application. It's already
agricultural land and can only have one dwelling unit. She prefers that they allow a
farmhouse on a parcel of agricultural land that size. Don't take away that one development
right. It's important to get the most benefit for the money spent. The other applications
are to eliminate short plats. This application won't do that. The land is 100 percent prime
agricultural land. It won't ever change. The other applications may have some merit
because the purchase would allow a bigger tract of agricultural land. This is not for habitat,
even though it's funded by the Recreation Conservation Office (RCO). This is specific to
keeping productive agricultural land. She moved to amend to delete the application ranked
number one, the Hubbard property.
Mann asked if there is a scenario where someone would build a house on the
development right attached to the Hubbard property and not farm the property.
Brenner stated that could happen. That's okay. There is still future potential
farming. They can't make anyone on agricultural land farm the land.
Mann asked if Councilmember Brenner is not worried about that land being
completely removed from the farming inventory.
Brenner stated the County isn't supposed to own the farming inventory.
Mann stated he's not sure that the land will always be farmland if they leave the
development right on the land. If they purchase the development right, they can guarantee
the land is more easily used for agriculture, rather than being converted to a big mansion
with personal amenities.
Brenner stated there are restrictions on agricultural land. Deal with that possibility
through development standards, not by removing the ability of someone to buy a parcel of
agricultural land and be able to live on it and farm where they live.
Mann stated they aren't taking away anyone's rights. They're engaging in a business
transaction with someone.
Whatcom County Council, 4/24/2012, Page 6
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
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herein is subject to change upon further review and approval by the Whatcom
County Council.
Brenner stated it's a transaction either way. She prefers to allow a farmer to live on
the land that he or she farms. She's not concerned about it being paved over. They can't
do that on agricultural land. If they are worried about that, development standards would
apply. The farmers complain about the rural, one unit per five acres (R5A) zone all the
time, not about land zoned for agriculture.
Knutzen stated he is concerned about getting the most benefit for the money spent.
He's not sure this is it. Agricultural land adjacent to urban growth areas (UGAs) or zoned
R5A is threatened. He'd rather target that kind of property, rather than property that will
continue to be agriculture.
Weimer stated he is against the amendment. The one house probably won't affect
the land one way or another. He's heard some concerns about people who have enough
money to buy a 40-acre tract and put in a house without using the land for agriculture. The
land would still be there and available in the future. They need to reach out to the property
owners in target areas. They haven't done that so far. He supports the recommendation of
the PDR Oversight Committee. Do better outreach. There's plenty of money in the
conservation futures fund to go forward. If the County receives the match money, there
won't be a money problem.
Brenner stated it's not a money problem. Someone should be able to buy a section
of agriculture land and live on it to farm it if he or she wants to.
Kershner asked if the County has development regulations on agricultural land that
would prevent someone from developing a mansion in the middle of a 40-acre field.
Samya Lutz, Planning and Development Services Department, stated they don't have
that development regulation. The PDR Oversight Committee uses the guidelines the Council
officially adopted. A property is given points if it lies in a targeted area. This property lies
within a target area. That's one reason this property is ranked the way it is. Other factors
discussed include the average farm size in Whatcom County and farm infrastructure in or
around the parcel. This property has infrastructure surrounding the parcel, so someone can
live on and use the infrastructure on an adjacent parcel and get close to the average farm
size in Whatcom County of 69 acres.
Brenner stated that if they want to make sure the agricultural land stays productive,
there are development standards, which could address the location of the house on the
property. This would eliminate the ability of people above certain incomes only being able
to have a farm. She has a problem with putting land zoned agriculture into this program.
Kershner stated average cost of the development right is about $23,000 and there
are over 2,000 development rights available in the agricultural zone in the northern part of
the county, and another 2,000 acres in the rural study area. Lutz stated that is correct.
They refer to 4,000 development rights being available in targeted agricultural areas.
Kershner stated the cost to purchase all those development rights would be $92
million. Lutz stated purchase of all would not be feasible. The Agricultural Advisory
Committee is working on a variety of tools in addition to the PDR program.
Whatcom County Council, 4/24/2012, Page 7
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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 stated she likes the idea of creating development regulations for properties
to prevent someone from building a mansion in the middle of their field. However, she
doesn't like the PDR Program. It's very ineffective given the scope of the problem. It
doesn't provide the most benefit for the money spent. She won't support any of the
applications. The PDR Oversight Committee should do outreach to get the most valuable
parcels.
Mann stated he agrees the Council needs to send new instructions to the PDR
Oversight Committee, which should do targeted outreach. He's torn about the decision
regarding the Hubbard property. Out of respect to the Advisory Committee, which works on
these applications and responded based on Council criteria, he will vote for the resolution.
Weimer stated this has been a constant topic since he's been on the Council. They
keep saying they want more farmland and development regulations, but never get around
to it. All they have left is this PDR program. Everyone knows this isn't the best tool, and
they aren't going to save all the farmland using purchase of development rights, but it's the
only tool they have right now, until they start developing the other tools. If the Council
backs away from this one tool, it sends a bad message. He asked if there is any point to
the grant application through the Washington Wildlife and Recreation Program Authorizing
Resolution that the Council approved earlier this evening if this resolution isn't approved.
Lutz stated there is no need to request the grant if the Council isn't interested in
purchasing properties. She asked to pursue this soon. Farmers want to know why they
should bother applying for the program if there is no funding certainty or political will to
move forward. She understands focusing on what they want to protect, so the PDR
Committee can assure farmers that their message is accurate. It sounds like the Council
may need to renew its guidelines every other year, for example, to make sure the focus is
current.
Weimer stated the Funk property is already approved. He asked if the grant
application to the State would still go forward for that property. Lutz stated it would. It
could also go forward with the Eldridge property. She's not sure what the Council wants for
the entire list. Whatever is on the approved list would go forward.
Brenner stated the Council should dedicate 75 percent of the conservation future
fund for agricultural land to keep productive agricultural land. That should give farmers a
lot of confidence. It would let farmers know the County is dedicated. Grant funding would
be more likely if the County has a dedicated amount.
Mann asked if Councilmember Brenner would vote for the rest of the applications if
the Hubbard property weren't included.
Kershner stated the Council downzoned 19,000 acres in the rural area. People
purchased commercial property and expected that investment to be available for their
retirement or for a business. The Council didn't offer to buy their development rights. The
Council is committed to preserving agricultural land and farming practices, but it doesn't
seem the system is fair for property owners in the rural and agricultural communities. The
Council also downzoned people in the Lake Whatcom watershed. They are all committed to
protecting drinking water and recreational value, but the Council downzoned those property
owners without a single thought to paying them for their development rights. She struggles
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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.
with how the Council decides who gets paid for their development rights and who gets aced
out of their retirement.
Brenner stated she understands that the rights the Council are buying are on
already -platted lots. These are vested lots. If they're not vested lots, she agrees with
Councilmember Kershner. The Council must determine what is in the public interest, which
is very subjective. The County can't afford to buy up everything.
Lutz stated the development rights purchased are all legal lots of record with
development potential. The average lot size in the agricultural zone is around 19 acres due
to subdivisions that took place previously. The minimum lot size is 40 acres. There were a
number of five -acre exemptions in the 1990's.
Mann asked if these lots are vested. He asked why they only have a preliminary
estimate of development rights. Lutz stated staff estimates the number of rights in a
process similar to the lot of record process. They also get a full title subdivision guarantee,
but not until after staff receives more authorization to move forward on these properties.
Knutzen referenced the Holz property and asked if this property would have been
downzoned, with only four potential development rights, if the Council approved the
Planning Commission original recommendation for rezoning the rural areas to ten acres.
Brenner stated they can't take away a legal lot of record.
Kershner stated she is willing to reconsider, in light of the conversation. She
remains committed to all the folks the Council downzoned.
Mann stated he will vote for the amendment because he wants the resolution to go
forward with Councilmember Brenner's vote.
vote:
The motion to amend to not approve the Hubbard application carried by the following
Ayes: Brenner, Weimer, Knutzen and Mann (4)
Nays: Kershner (1)
Absent: Kremen and Crawford (2)
The motion to approve the resolution as amended carried by the following vote:
Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5)
Nays: None (0)
Absent: Kremen and Crawford (2)
2. ORDINANCE REPLACING WHATCOM COUNTY CODE 1.14, IN ITS ENTIRETY,
DESIGNATING WHATCOM COUNTY VOTING PRECINCTS (AB2012-154)
(8:36:48 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance with the substitute version of Exhibit A.
The motion carried by the following vote:
Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5)
Whatcom County Council, 4/24/2012, Page 9
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Nays: None (0)
Absent: Kremen and Crawford (2)
3. ORDINANCE AMENDING 2012 WHATCOM COUNTY BUDGET, SEVENTH
REQUEST, IN THE AMOUNT OF $246,471 (AB2012-155) (8:39:22 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance. He moved to amend the ordinance to remove conservation futures
funding in the amount of $82,235 for a parks maintenance transfer.
Brenner stated the conservation futures fund is supposed to be used solely for
purchases, not for maintenance or operations.
Mann stated the voters approved this fund, and the intent was solely for purchasing
and acquiring land.
Brenner stated don't divert dedicated funds.
Weimer stated there were differences of opinion about whether or not the expense
was allowed. The Council approved it in the budget. He's fine with not including it this
evening because the County Executive asked for more time to explain it. He's fine with the
expense.
Kershner stated the Executive will return with a recommendation for how to make up
the difference from the general fund.
Brenner stated there may be a State law that allows the County to use the money for
things other than purchases, but that wasn't in the ballot measure. It would be dishonest to
do something like that when it wasn't in the ballot measure, regardless of whether it is
legal.
The motion to amend carried by the following vote:
Ayes: Brenner, Weimer, Knutzen and Mann (4)
Nays: Kershner (1)
Absent: Kremen and Crawford (2)
Kershner stated she doesn't have a problem using the funds to maintain land
acquired using conservation futures funding. They have to build in some administrative
costs for managing these areas, or else they end up with fields of blackberry brambles. The
Council already approved the concept at one point.
Brenner stated that's why they have the general fund. Before they purchase
property, they must really decide what they want and how far they're willing to go to
purchase it. The administrative costs of purchase are allowed with the fund, but not the
cost of anything done after purchase. That's why they have to balance what they're doing.
The motion to adopt as amended carried by the following vote:
Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5)
Nays: None (0)
Absent: Kremen and Crawford (2)
Whatcom County Council, 4/24/2012, Page 10
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herein is subject to change upon further review and approval by the Whatcom
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4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND ELEMENT
SOLUTIONS FOR THE NOOKSACK RIVER SEDIMENT MANAGEMENT PILOT
PROJECT, IN THE AMOUNT OF $103,800, FOR A TOTAL AMENDED CONTRACT
IN THE AMOUNT OF $131,800 (AB2012-161) (8:46:25 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Weimer stated he is against the request. He was on the Flood Control Zone District
Advisory Committee when this first came up. It was supposed to be a small project for
$20,000. It has continued to grow. He appreciated the Executive's memo in the Council
packet warning that this could be a black hole of spending, and could come with a million
dollar environmental impact statement (EIS). Pierce County is leading this effort. Whatcom
County can learn from Pierce County if they go first. The flood fund is already over-
extended. Postpone this item.
Brenner stated the flood fund is to help alleviate flooding. Allow selective scalping to
prevent blow outs from happening. This was recommended by the Flood Control Zone
District Advisory Committee.
The motion carried by the following vote:
Ayes: Brenner, Knutzen, Mann and Kershner (4)
Nays: Weimer (1)
Absent: Kremen and Crawford (2)
S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MARK HOVEZAK DBA
ROSARIO ARCHAEOLOGY, LLC FOR CULTURAL RESOURCE ASSESSMENT FOR
THE COTTONWOOD NEIGHBORHOOD DRAINAGE BY-PASS PROJECT, IN THE
AMOUNT OF $22,753.22 (AB2012-165) (8:48:17 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5)
Nays: None (0)
Absent: Kremen and Crawford (2)
6. RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS PROPERTY AND
SETTING OF A DATE FOR PUBLIC HEARING PURSUANT TO WHATCOM
COUNTY CODE 1.10 (AB2012-125) (8:49:09 PM)
Whatcom County Council, 4/24/2012, Page 11
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Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
Brenner stated she is against the resolution. They must better -understand the
equipment the County owns and the condition it is in. She wants to know whether or not
the equipment is in good shape. The County received pennies on the dollar for the sale of
equipment it's sold.
Kershner stated the Executive will work with the departments to develop technology
to track the County's equipment. She appreciates the Executive for making adjustments to
the list from the last meeting.
The motion carried by the following vote:
Ayes: Weimer, Knutzen, Mann and Kershner (4)
Nays: Brenner (1)
Absent: Kremen and Crawford (2)
7. NOMINATION AND APPOINTMENT TO FILL SPECIAL DRAINAGE AND/OR
DIKING DISTRICT VACANCIES: APPLICANT - SCOTT BEDLINGTON FOR
DRAINAGE DISTRICT #2, POSITION 1 (AB2012-123) (8:51:14 PM)
Knutzen moved to nominate and appoint Scott Bedlington.
The motion carried by the following vote:
Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5)
Nays: None (0)
Absent: Kremen and Crawford (2)
8. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
LAURIE SHEA TO THE DEVELOPMENTAL DISABILITIES BOARD (AB2012-167)
(8: 51: 59 PM)
Mann moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5)
Nays: None (0)
Absent: Kremen and Crawford (2)
9. EMERGENCY ORDINANCE REPLACING WHATCOM COUNTY CODE 1.14,
ELECTORAL PRECINCT, WITH NEWLY ESTABLISHED VOTING PRECINCT
BOUNDARIES FOR WHATCOM COUNTY (AB2012-154A) (8:52:42 PM)
Mann moved to adopt the ordinance with the substitute version of Exhibit A.
The motion carried by the following vote:
Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5)
Nays: None (0)
Absent: Kremen and Crawford (2)
Whatcom County Council, 4/24/2012, Page 12
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INTRODUCTION ITEMS (8:53:51 PM)
Weimer moved to withdraw Introduction Item two from the list
Department staff and other agencies met and agreed to changes.
The motion to withdraw item two carried by the following vote:
Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5)
Nays: None (0)
Absent: Kremen and Crawford (2)
Knutzen moved to accept Introduction Items one, three, and four.
The motion to accept carried by the following vote:
Ayes: Brenner, Weimer, Knutzen, Mann and Kershner (5)
Nays: None (0)
Absent: Kremen and Crawford (2)
Planning
1. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY PURSUANT TO WHATCOM COUNTY CODE 1.10 (AB2012-125A)
2. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, BY ADDING A
NEW CHAPTER, CHAPTER 20.50 TO IMPLEMENT THE BIRCH BAY
WATERSHED LOW IMPACT DEVELOPMENT OVERLAY AND AMENDING THE
CRITICAL AREAS ORDINANCE (AB2012-109B)
3. PROPOSED ORDINANCE AMENDING WHATCOM COUNTY CODE 20.14 WIND
ENERGY SYSTEMS (AB2011-223A)
4. NOMINATION & APPOINTMENT TO FILL VACANCIES ON THE LUMMI ISLAND
FERRY ADVISORY COMMITTEE — VARIOUS APPLICANTS (AB2012-044A)
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Kershner stated the County Council staff and other departments will begin a fitness
competition with the Executive's staff beginning on April 30.
ADJOURN
The meeting adjourned at 8:56 p.m.
The Council approved these minutes on , 2012.
Whatcom County Council, 4/24/2012, Page 13
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ATTEST:
Dana Brown -Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Council Chair
Whatcom County Council, 4/24/2012, Page 14
110
WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2011 - 223 C
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: Planning & Develop
5/8/2012
Introduction
Division Head:
5/22/12
Hearing
Dept. Head:
Prosecutor:
Budget:
Executive:
SUBJECT:
Ordinance imposing interim moratorium on applications for WES
ATTACHMENTS
SUMMARYSTATEMENT.-
Related County Contract #: Should the Clerk schedule a hearing? (Y/N) Y Requested Date:
Ordinance imposing an interim moratorium on the acceptance of new applications for Wind Energy Systems (WES) greater than
500 kilowatts, or multiple WES per parcel with a cumulative rated output above 100 kilowatts
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
5/08/2012: Introduced
Related File Numbers:
Ordinance or Resolution Number (this item only):
111
500K Wind Energy Systems -Interim 2012
SPONSORED BY: Consent
PROPOSED BY: Consent
INTRODUCTION DATE: May 8, 2012
ORDINANCE NO.
IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW
APPLICATIONS FOR WIND ENERGY SYSTEMS (WES) GREATER THAN 500
KILOWATTS, OR MULTIPLE WES PER PARCEL WITH A CUMULATIVE
RATED OUTPUT ABOVE 100 KILOWATTS
WHEREAS, on October 21, 2008, the Whatcom County Council adopted Ordinance
2008-043, regulating the construction and operation of Wind Energy Systems (WES); and
WHEREAS, these regulations addressed the construction and operation of WES
greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output
above 100 Kilowatts, in certain zones by means of a Conditional Use Permit as specified in
Whatcom County Code 20.14.041; and
WHEREAS, the impacts of these large structures were anticipated to be considered
through the Conditional Use hearing process as to the uses associated with the applicable
zone in which the subject WES was greater than 500 Kilowatts, or multiple WES per parcel
with a cumulative rated output above 100 Kilowatts, was being proposed; and
WHEREAS, the requirements for locating a proposed WES greater than 500
Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts,
did not specifically address the impacts of a proposed system constructed in allowed zoning
where the specific property abuts properties of more dense residential zoning; and
WHEREAS, in 2010 and 2011 the Whatcom County Council adopted interim
measures to suspend the acceptance of new applications for Wind Energy Systems (WES)
greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output
above 100 Kilowatts while it drafted new regulations to specifically address the impacts of
constructing a WES in allowed zoning where the specific property abuts properties of more
dense residential zoning;
WHEREAS, on September 28, 2010, two draft proposals to amend Whatcom County
Code 20.14, Wind Energy Systems, were forwarded to the Whatcom County Planning
Commission for review; and
WHEREAS, the Planning Commission reviewed both proposals and forwarded its
recommendations to the County Council on June 21, 2011; and
WHEREAS, the County Council began its review of the Planning Commission's
recommendations on July 12, 2011, and requires additional time to finalize its work; and
WHEREAS, the Whatcom County SEPA Official has determined that this proposal is
exempt from SEPA; and
112
WHEREAS, the Whatcom County Council makes the following finding of facts:
1. There is merit in considering additional mitigation and/or property boundary
setbacks in circumstances of adjacency to zoning boundaries; and
2. A significant number of Whatcom County residents who live in residential areas
directly adjacent to properties which are zoned for large-scale WES have presented
additional information regarding the negative impacts of nearby WES that was not
considered in the passage of Ordinance 2008-043; and
3. This interim ordinance is necessary to prevent future applications for WES greater
than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100
Kilowatts, from vesting under current law and thus subverting the purpose of this
ordinance; and
WHEREAS, on April 10, 2012, the Whatcom County Council adopted Ordinance
2012-017, an emergency ordinance imposing a 60-day moratorium on the acceptance of
new applications for WES; and
WHEREAS, the Ordinance 2012-017 will expire on June 11, 2012; and
WHEREAS, adoption of an interim ordinance is necessary to prevent applications
from vesting between June 11, 2012, and the effective date of any future ordinance.
NOW, THEREFORE, BE IT ORDAINED, by the Whatcom County Council that an
interim moratorium is hereby imposed on the acceptance of new applications for Wind
Energy Systems greater than 500 Kilowatts, or multiple WES per parcel with a cumulative
rated output about 100 Kilowatts.
BE IT FURTHER ORDAINED by the Whatcom County Council that this ordinance
shall be effective for not longer than six months following its effective date, but may be
renewed for one or more six-month periods if subsequent public hearings are held and
findings of fact are made prior to each renewal.
ADOPTED this day of
ATTEST:
Dana Brown -Davis, County Clerk
APPROVED AS TO FORM:
Civil Deputy Prosecutor
2012.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Council Chair
( ) Approved ( ) Denied
Pete Kremen, County Executive
Date:
113
, P� C/
PUBLIC HEARING NOTICE
Whatcom County Council will have a public hearing, consider adopting, and may amend the
following at its May 22, 2012, meeting, or at a later date:
ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW
APPLICATIONS FOR WIND ENERGY SYSTEMS (WES) GREATER THAN 500
KILOWATTS, OR MULTIPLE WES PER PARCEL WITH A CUMULATIVE RATED OUTPUT
ABOVE 100 KILOWATTS (AB2011-223C): This ordinance imposes an interim
moratorium on the acceptance of new applications for Wind Energy Systems greater than
500 kilowatts, or multiple WES per parcel with a cumulative rated output above 100
kilowatts, unless the applications were complete, as provided by Whatcom County Code,
prior to the effective date of this ordinance. This ordinance shall be effective for not longer
than six months following its effective date, but may be renewed for one or more six-month
periods if subsequent public hearings are held and findings of fact are made prior to each
renewal.
Council introduced the above at its May 8 meeting. Public documents are available for
review in the Council Office, 311 Grand Avenue, Bellingham, and at
www.co.whatcom.wa.us/council. Meetings are in the Council Chambers, same address, at
7:00 p.m., unless otherwise announced. People with special needs or disabilities who will
be attending this meeting are asked to please contact our office (676-6690, 384-6637, 800-
676-6757 or TDD 738-4555) at least 96 hours in advance, so that we may make any
needed accommodations. If interpretive services or transportation is needed, please call
more than two days ahead of time.
Dated Ma)
� �HATC 0C
A '
_ '.
r , :0 COUNTY '�•;
Dana Broady •• e
Clerk of the Gow@if •• ��`��
Publish May 12
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner
Council Chair
114
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2012-174
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
j� E C E � n E D
w v
MAY 14 2012
WHATCOM COUNTY
COUNCIL
5122112
FinancelCounc
Division Head:
Dept. Head.
S o J z
Prosecutor:
Purchasin Bud et:
I A A
Executive:
TITLE OF DOCUMENT: r of Agreement between Friends of Sunset Farm Park and Whatcom County Parks
& Recreation Depa t nt
ATTACHMENTS: Letter of Agreement
SEPA review required? ( ) Yes (X ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
Requested Date:
SUMNIARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must
provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining
the intent of the action.)
Request approval for the County Executive to enter into a letter of agreement with the Friends of Sunset Farm
to assist in the ongoing maintenance, operation and support of Sunset Farm Park.
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.
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WHATCOM COUNTY
PARKS & RECREATION DEPT.
3373 Mt. Baker Highway
Bellingham WA 98226
MEMORANDUM
TO: Jack Louws, County Executive
FROM: Michael McFarlane, Director
RE: Letter of Agreement for Friends of Sunset Farm
DATE: May, 7, 2012
Michael McFarlane]
Director
MAY 0 8 2012
JACK LOUWS
COUNTY EXECUTIVE
Enclosed are two (2) originals of a letter of agreement between Whatcom County and the
Friends of Sunset Farm for your review and signature.
■ Background and Purpose
The Friends of Sunset Farm formed in 2010 to help support and make improvements to
Sunset Farm Park in collaboration with the Parks & Recreation Department. Specifically,
this group has assisted in the operation and maintenance of the equestrian activities and
amenities at the park maintaining the jumping course and arena. This Letter of Agreement
formalizes the arrangement for ongoing support.
■ Funding Amount and Source
There are no costs associated with the Letter of Agreement. The Friends are allowed to
hold events and seminars at no charge to help raise funds to make improvements at the
Park. Funds are held by the Friends or deposited with the Whatcom Parks & Recreation
Foundation in a specially designated fund for the facility.
Please contact Michael McFarlane at extension 32072 if you have any questions or
concerns regarding the terms of this agreement.
Encl.
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WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
a 0 1 a 05 00(10
Originating Department:
Parks & Recreation
Contract Administrator:
Erik Axelson
Contractor's /A ency Name:
Friends of Sunset Farm
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
$10, 000, whichever is greater, must also go to Council and will need an agenda bill
This Amendment Amount:
$
and supporting memo. If less than these thresholds, just submit to Executive with
Total Amended Amount:
supporting memo for approval.
$
Scope of Services
This agreement formalizes the process for the Friends of Sunset Farm to
provide volunteer and funding support for Sunset Farm Park.
Term of Contract: I year with annual
Expiration Date: Ongoing with renewal approval
renewal option.
Contract Routing Steps & Signo{L[sien or initiall
[indicate date transmitted)
1. Prepared by: mgm
Date 517112 [electronic]
2. Attorney reviewed:
Date [electronic]
3. AS Finance reviewed:
Date electronic]
4. IT reviewed if IT related
Date — [electronic]
5. Corrections made:
Date electronic] hard copy printed
6. Attorney signoff
S31,f
Date
7. Contractor signed:
,/
Date $--3-/2
8. Submitted to Exec Office ,s
Date 3 -$-12. [summary 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
this form may need to expand to more than one page
117
COUNTY ORIGINAL
LETTER OF AGREEMENT
Between
Friends of Sunset Farm Park
And
Whatcom County Parks Est Recreation
h ` 1 jam= o-. a Y "
CON
aoi Qos oo6
I. Purpose. The Friends of Sunset Farm ("Friends") was formed on May 17, 2010 to assist Whatcom
County Parks & Recreation ("County Parks") by supporting, maintaining, and fundraising for the
Whatcom County public park known as Sunset Farm Park ("Sunset Farm"), located at 7981 Blaine Road,
Blaine, Washington 98230.
II. Friends of Sunset Farm agrees to:
Provide a liability insurance policy that covers the unsupervised public use of the cross country
jumps that are owned by Friends, and located at Sunset Farm. In the event that Friends is unable
to obtain liability insurance for any reason, Friends agrees that upon expiration of current policy
to immediate render the jumps unusable (by draining the water jump and moving the portable
jumps in such a manner as to block access to permanent jumps). And remove the cross country
jumps from Sunset Farm within thirty (30) days.
?. Inspect and maintain cross country jumps and arena in a safe condition.
Ensure that the open grass areas of Sunset Farm are mowed at least twice per growing season.
Friends may arrange for part or all of the mowings to be done by a contractor for purposes of
taking hay or silage. If a contractor is used, Friends shall notify County Parks with the name and
scheduled dates of work and forward proof of insurance acceptable to the Whatcom County Risk
Manager.
4. Pay for any water usage during the main season of use (April -October) that is above the basic
usage of rental tenants. This has typically been any amount over $50.00 per two -month billing
cycle and may be amended as needed directly between the renters and Friends.
5. Pay for materials needed to maintain Sunset Farm, i.e., paint, lumber, fencing for repairs to arena,
paddock and round pen to include sand and fine crushed gravel used for footing repair.
6. Organize various work parties on an "as needed" basis for trail clean-up, weed abatement,
painting fences, cross country jump maintenance, and the like.
118
Letter of Agreement
Friends of Sunset Farm and Whatcom County Parks & Recreation
Page 2
7. Maintain a publicly available schedule (currently on Friends website
www.friendsofsunsetfarm.orc, ) of County Parks -approved special events, as well as scheduled
volunteer activities such as work parties. The goal is for this schedule to be an initial point of
contact for park users and equestrians on events and activities occurring at Sunset Farni.
8. Not make any improvements to the site without prior authorization of County Parks.
III. Whatcom County Parks & Recreation agrees to:
1. Acknowledge the Friends as the primary volunteer group that is providing fundraising,
maintenance, and improvements to Sunset Farm and link to the Friends website.
2. Allow Friends to collect user fees from organizers of special events where Friends prepare,
maintain and restore riding areas and Friends equipment and structures are being used for such
events. All special event applications are to be forwarded by Friends to County Parks for review
and approval. User fees collected by the Friends are in addition to any legally required facility
rental fees required by County Parks, and are to be used to help fund insurance, maintenance, and
other improvement costs for Sunset Farm_
3. Permit Friends to solicit donations both directly and indirectly through the Whatcom County
Parks and Recreation Foundation.
4. Friends will not be charged facility rental fees for their events and programs, however, Friends are
responsible for all other costs associated with their activities.
5. Friends will be permitted to maintain their 12x16 storage building onsite for purposes of storing
needed equipment and supplies. Friends will maintain proper liability insurance for the building
and contents.
6. Whatcom County is not responsible for any loss or damage to Friends building, equipment or
materials.
7. Provide technical assistance to the Friends as available with permitting, planning and
improvement projects. Staff will work with Friends to provide storage space for items associated
with the maintenance and operation of Sunset Farm.
IV. Accounting. Friends shall provide an annual report to County Parks, itemizing all funds taken in, as
well as source and application of funds. Such annual report shall be delivered not later than January 31st
of each succeeding year.
119
Letter of Agreement
Friends of Sunset Farm and Whatcom County Parks & Recreation
Page 3
V. Term of Agreement. This Agreement shall be for a term of one (1) year and may be renewed annually
thereafter. Friends and County Parks shall consult on a quarterly basis and maintain communications
about the state of the Agreement and operations at Sunset Farm. Both parties shall meet annually at the
conclusion of the calendar year to review developments and future opportunities. This Agreement may
be terminated by either party upon sixty (60) days written notice.
VI. Amendment. The Agreement may be amended upon written approval by both parties. Nothing in
this agreement prohibits County Parks from making improvements to the site.
VII. Extraordinary Circumstances. Both parties acknowledge that an extraordinary circumstance
such as the incapacity of a board member of Friends may render the organization less able to discharge
the responsibilities under this Agreement. Friends stipulates that it will immediately inform County
Parks of any such extraordinary circumstance within ten (10) days.
VIII. Notice. All notices under this Agreement shall be made in writing or by e-mail to the following:
Friends of Sunset Farm Whatcom County Parks S Recreation
Robbie Harris Erik Axelson, Operations Manager
3800 Bay Road 3373 Mt. Baker Highway
Ferndale WA 98248 Bellingham WA 98226
info,�,friciidsofsunsetfarm.orQ Eaxelson 11)co.whatcom.wa.Lis
AGR , and signed by the parties:
A
President, Friends of Sunset Farm
STATE OF WASHINGTON)
) ss.
COUNTY OF WHATCOM )
Date:
On this d-A day of , 2012, before me personally appearedy 1,r E�S fn CMO(S
and to me known to be the individual(s) described in and who executed the
within and foregoing instrument, and acknowledges that they signed the same as their free and voluntary
act and deed, f6&,tboinsgh�and purposes therein mentioned.
,•��`�G?tRI S V
Given unr@l��'e}al seal this day of /' 2012. d�r
4' TA ..
•o ;
•' ° rn
NOTARY PUBLIC in and for the State of Washington,
AS OF-W---- residing at Cu:h� W
"nn,,,11110%` My Commission expires: q as—wc� L S
120
Letter of Agreement
Friends of Sunset Farm and Whatcom County Parks Est Recreation
Page 4
WHATCOM COUNTY
Jack Louws, County Executive
STATE OF WASHINGTON)
) ss.
COUNTY OF WHATCOM)
On this day of , 2012, before me personally appeared .LACK LOUWS, to me known to be
the County Executive of WHATCOM COUNTY and who executed the above instrument and who
acknowledged to me the act of signing and sealing thereof.
Given under my hand and official seal this day of , 2012.
NOTARY PUBLIC in and for the State of Washington,
residing at
My Commission expires:
WHATCOM COUNTY PARKS & RECREATION
91
APPROVED AS TO FORM:
eputy Prosecut' a Attorne
1 WFhfgad-ie, Dikector
121
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-175
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Ass i ned to:
Originator:
S ) I Z
F�l IJ �Q (� D
Il VV LS
MAY 14 2012
5/22/2012
Fin/Council
Division Head:
Dept. Head:
� � � ' � a--
wHA uNnr
Prosecutor:
�. - 3 _ � L
COUNCIL
Purchasing/Budget:
2
?j
Executive:
TITLE OF DOCU
rton�egarden),
FFY2011 Operatto Contract # E12-248
ATTACHMENTS:
Supporting Memo Two (2) copies of the FFY2011 OPSGContract
Whatcom County Contract Information Sheet
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.)
FFY2011 Operation Stonegarden (OPSG) provides funding to enhance the cooperation and coordination among
local, Tribal, State, and Federal law enforcement agencies in a joint mission to secure the international borders of
the United States.
Award amount: $757,963
Funding Authority: US Department of Homeland Security and Washington State Military Department
Contract # E12-248. Federal Funding Source Agreement # 2011-SS-00030-SO1. CFDA # 97.067 SHSP.
COMMITTEEACTION.
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at. www.co.whatcom.wa.us/council.
122
WHATCOM COUNTY DIVISION OF
SHERIFF'S OFFICE ,�' EMERGENCY MANAGEMENT
SHERIFF BILL ELFO KENT CATLIN
DIRECTOR DEPUTY DIRECTOR
PUBLIC SAFETY BUILDING MAILING ADDRESS
311 Grand Avenue 311 Grand Avenue
Bellingham, WA 98225 4078 RECEIVED81 Office078
18 Fax
MAY 4 - 2012
MEMO JACK UW
Xtf P
COUN EC T
To: Jack Louws, County Executive r
From: Sheriff Bill Elfo, Director of Emergency Management
Subject: Department of Homeland Security, Operation Stonegarden Program
FFY2011 OPSG Contract # E12-248
Date: May 1, 2012
Enclosed is the contract between Whatcom County Sheriff's Office Division of Emergency
Management (WCSO-DEM) and the Washington State Military Department Emergency
Management Division.
• Background and Purpose
Whatcom County Sheriff's Office Division of Emergency Management has been awarded $757,963
from the Dept of Homeland Security (DHS) Operation Stonegarden Program (OPSG) for Federal
Fiscal Year 2011. This grant flows from DHS through the Washington State Military Department to
Whatcom County. This is the fourth year that WCSO-DEM has received an Operation Stonegarden
award.
The US Dept of Homeland Security supports programs designed to enhance local jurisdictions'
capability to prevent, protect against, respond to, and recover from terrorist attacks and other major
disasters. The DHS FFY2011 Operation Stonegarden Program provides funds to enhance the
cooperation and coordination among local, Tribal, State, and Federal law enforcement agencies in
a joint mission to secure the international borders of the United States. This funding will be used for
operational overtime and related mileage and for the purchase of equipment pre -approved during
the application process. The participating agencies are the Blaine, Everson, Ferndale, Lynden,
and Sumas Police Departments, as well as the Whatcom County Sheriff's Office.
-rhe performance period for this grant runs from September 1, 2011 through June 30, 2014.
• Funding Amount and Source
$757,963 from the Dept of Homeland Security FFY2011 OPSG, Contract # E12-248,
Funding Source Agreement 2011-SS-00030-S01, CFDA 97.067 SHSP.
Please contact Undersheriff Jeff Parks or Frances Burkhart if you have any questions or concerns
regarding this contract.
Our Vision: The Office of Sheriff : Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety.
123
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
ao>a oSOo
Originating Department:
Sheriff's Office — Division of Emergency Management
Contract Administrator:
Jeff Parks
Contractor's / Agency Name:
Washington State Military Department
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes _X No Yes No If yes, previous number(s):
Is this a grant agreement?
Yes X_ No If yes, grantor agency contract number(s) E12-248 CFDA # 97.067 - HSGP
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? Contract
Yes No _X_ If yes, RFP and Bid number(s) Cost Center:
Is this contract excluded from E-Verify? No Yes —X_ If no, include Attachment D Contractor Declaration Form
If yes, indicate qualified exclusion(s) below:
— Contract less than $100,000. — Professional services agreement for certified/licensed professional
_ Work is for less than 120 days — Contract for Commercial off the shelf items (COTS)
—X— Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA
Contract Amount:(sum of orig contract amt and any prior
If a Professional Services Agreement is more than $15,000 or a Bid is
amendments)
more than $35,000, please submit an Agenda Bill for Council approval
$ 757,963.00
and a supporting memo. Any amendment that provides either a 10%
This Amendment Amount:
increase in amount or more than $10,000, whichever is greater, must
$
also go to Council and will need an agenda bill and supporting memo. If
Total Amended Amount:
less than these thresholds, just submit to Executive with supporting
$
memo for approval.
Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary]
To enhance the cooperation and coordination among local, Tribal, State, and Federal law enforcement agencies in a joint
mission to secure the international borders of the United States.
Funding for this contract is provided by the US Dept of Homeland Security Operation Stonegarden Program for Federal
Fiscal Year 2011.
Term of Contract:
Expiration Date: June 30, 2014
Contract Routing Steps & Signoff. [sign or initial] [indicate date transmitted]
1. Prepared by S
Date
S' - - I Z [electronic]
2. Attorney reviewed
Date
[electronic]
3. AS Finance reviewed wuv
Date
[electronic]
4. IT reviewed if IT related
Date
[electronic]
5. Corrections made
Date
[electronic] hard copy printed
6. Attorney signoff
Date
7. Contractor signed
Date
8. Submitted to Exec Office ✓
Date 5 N -g- [summary via electronic; hardcopies]
9. Council approved (if necessary)
Date
10. Executive signed
Date
11. Contractor Original Returned to dept.
Date
12. County Original to Council
Date
Last Revised 1 / 19/ 12
124
cOUNTY ORIGINAL
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE
n e A N
I
a^O-5 00� I
SHE
1. Sub -grantee Name and Address:
2. Grant Agreement Amount:
3. Grant Agreement Number:
Whatcom County Sheriff's Office
Division of Emergency Management
$757,963
E12-248
311 Grand Avenue
Bellingham, WA 98225
4. Sub -grantee Contact, phone number:
5. Grant Agreement Start Date:
6. Grant Agreement End Date:
Frances Burkhart, 360-778-7161
September 1, 2011
June 30, 2014
fburkhar@co.whatcom.wa.us
7. Department Program Manager, phone:
8. Data Universal Numbering System (DUNS):
9. UBI # (state revenue):
Sierra Wardell, 253-512-7121
Sierra.wardell@mil.wa.gov
060044641
600-358-208
10. Funding Authority:
Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Source
12. Department Funding Code (PI):
13. Catalog of Federal Domestic
14. TIN:
Agreement #:
713GA
Assistance (CFDA) # & Title:
91-6001383
2011-SS-00030-S01
97.067 - HSGP
15, Service Districts:
16. Service Area by County(ies):
17. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 39,40,42
Whatcom County
Certified?: X N/A ❑ NO
(BY CONGRESSIONAL DISTRICT): 2
❑ YES, OMWBE #
18. Agreement Classification
19. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't
❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ A/E ❑ Other
❑ Intergovernmental (RCW 39.34) ❑ Interagency
20. Sub -Grantee Selection Process:
21. Sub -Grantee Type (check all that apply)
X "To all who apply & qualify' ❑ Competitive Bidding
❑ Private Organization/Individual ❑ For -Profit
❑ Sole Source ❑ A/E RCW ❑ N/A
X Public Organization/Jurisdiction X Non -Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES El NO
❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. PURPOSE:
Provide U.S. Department of Homeland Security (DHS) FY 2011 Homeland Security Grant Program (HSGP) funds to
enhance the ability of state, local, and tribal governments to prevent, protect against, respond to, and recover
from terrorist attacks and other disasters. The HSGP is comprised of five interconnected grant programs: State
Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden (OPSG), Metropolitan Medical
Response System, and Citizen Corps Program. Through OPSG, funding enhances the cooperation and
coordination among local, Tribal, State, and Federal law enforcement agencies in a joint mission to secure the
United States' borders along routes of ingress from international borders to include travel corridors in States
bordering Mexico and Canada, as well as States and territories with international water borders.
IN WITNESS WHEREOF, the Department and Sub -Grantee acknowledge and accept the terms of this Grant Agreement, including all
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and
Conditions (Exhibit B); Scope of Work (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits
and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and
govern the rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the
subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Scope of Work
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the grant agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE SUBGRANTEE:
Signature Date Signature Date
James M. Mullen, Director Jack Louws, County Executive
Emergency Management Division
Washington State Military Department
APPROVED AS TO FORM (i applicable):
APPROVED AS TO FORM:
Brian E. Buchholz, (Signature on file) 7/25/2011
Applicant's Legal iew Date
Assistant Attorney General
Form 10/27/10 wjg
DHS-FEMA-HSGP-FFY 11
Page 1 of 24
Whatcom County Sheriffs Office-DEM
E12-247
125
WHATCOM COUNTY:
Approved by Department Head:
ill EI atcom County Sheriff
Approved as to Form:
andy Watts, C Civil eputy Prosecutor
Approved:
Jack Louws, County Executive
STATE OF WASHINTON)
) ss.
COUNTY OF WHATCOM)
On this day of , 2012, before me personally appeared JACK LOUWS, to
me known to be the County Executive of WHATCOM COUNTY and who executed the above
instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of Washington,
Residing at
My commission expires
DHS-FEMA-HSGP-FFY 11 Page la of 24 Whatcom County Sheriffs Office - DEM
126
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I -- KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Grant Agreement. Any substitution of key personnel by either party shall be made by written
notification to the current key personnel.
SUB -GRANTEE
MILITARY DEPARTMENT
Name
Frances Burkhart
Name
Sierra Wardell
Title
Program Specialist
Title
OPSG Program Manager
E-Mail
fburkhar@co.whatcom.wa.us
E-Mail
Sierra.wardell@mil.wa.gov
Phone
360-778-7161
Phone
253-512-7121
Name
Jeff Parks
Name
Olivia Hollowwa
Title
Undersheriff
Title
OPSG Program Coordinator
E-Mail
jparks@co.whatcom.wa.us
E-Mail
Olivia.hollowwa@mil.wa.gov
Phone
360-668-6650
Phone
253-512-7149
Name
Name
Dalton Gamboa
Title
Title
OPSG Program Assistant
E-Mail
E-Mail
Dalton.gamboa@mil.wa.gov
Phone
I Phone
253-512-7044
ARTICLE II -- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Sub -grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable
to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -
Profit Organizations (formerly OMB Circular A-110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for
Non -Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of
States, Local Governments and Non -Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non -Federal sources. The Sub -grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non -Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: "Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons." However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
DHS-FEMA-HSGP-FFY 11
Page 2 of 24
Whatcom County Sheriffs Office-DEM
E12-247
127
existing program agreements. Non -governmental entities are also subject to this prohibition
per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2.
5. The Sub -grantee shall comply with all applicable federal laws, regulations and
guidance referenced in the "Fiscal Year 2011 Homeland Security Grant Program
Guidance and Application Kit, Section I — Application and Review Information, May
2011" and "Fiscal Year 2011 GPD Preparedness Grant Programs Guidance and
Application Kit Section II — Award Administration Information" which can be found at
http://www.fema.gov/govemment/grant/hsgp/indexl l.shtm#3 and are hereby incorporated in
and made a part of this Agreement.
6. The Sub -grantee shall comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-
282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and
Attachment #1 attached to and made a part of this Agreement.
ARTICLE III — REIMBURSEMENT/INVOICING PROCEDURES
1. The Sub -grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub -grantee agrees that it will not hold the Department,
the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Grant
Agreement prior to distribution of appropriated federal funds.
2. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement
amount, travel, sub -contracts, salaries and wages, benefits, printing, equipment, and other
goods and services or other budget categories will be reimbursed on an actual cost basis
unless otherwise provided in this Grant Agreement. Any travel or subsistence
reimbursement allowed under the Grant Agreement shall be paid in accordance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at http://www.gsa.gov without prior written
approval by Department key personnel.
3. Receipts and/or backup documentation for any approved budget line items including travel
related expenses that are authorized under this Grant Agreement must be maintained by
the Sub -grantee and be made available upon request by the Department, and local, state,
or federal auditors.
4. The Sub -grantee will submit reimbursement requests to the Department by submitting an
State Form A-19 Invoice form and a completed reimbursement spreadsheet (in the format
provided by the Department) detailing the expenditures for which reimbursement is sought.
Reimbursement requests shall be submitted to the Department's key personnel and must
be submitted no more frequently than monthly; and it is required that invoices be submitted
at least bi-annually.
5. All work under this Grant Agreement must end on or before the Grant Agreement End
Date, and the final reimbursement request must be submitted to the Department within 45
days after the Grant Agreement End Date. The maximum amount of all reimbursement
requests permitted to be submitted under this Grant Agreement, including the final
reimbursement request, is limited to and shall not exceed the total Grant Agreement
Amount.
6. No equipment or supply costs will be reimbursed until the related equipment/supplies have
been received by the Sub -grantee and invoiced by the vendor.
7. Requests for reimbursement of equipment purchases must include a copy of the vendor's
invoice and packing slip or a statement signed and dated by the Sub -grantee's
authorized representative that states "all items invoiced have been received in good
working order, are operational, and have been inventoried according to contract and local
procurement requirements".
DHS-FEMA-HSGP-FFY 11 Page 3 of 24 Whatc orn County Sheriffs Office-DEM
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8. Failure to timely submit complete reports and reimbursement requests as required by this
Grant Agreement (including but not limited to those reports in the Milestone Timeline) will
prohibit the Sub -grantee from being reimbursed until such complete reports and
reimbursement requests are submitted and the Department has had reasonable time to
conduct its review.
9. Final reimbursement requests will not be approved for payment if the Sub -grantee is not
current with all reporting requirements contained in this Grant Agreement.
ARTICLE IV — REPORTING REQUIREMENTS
1. The Sub -grantee shall submit bi-annual progress reports as indicated in the Milestone
Timeline.
2. The Sub -grantee shall submit a final report describing completed activities under this Grant
Agreement within 45 days of Agreement End Date.
ARTICLE V — EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub -grantee or a contractor, will
be recorded and maintained in the Sub -grantee's equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub -grantee, or a recognized sub -
recipient for which a contract, sub -Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub -grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub -grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub -grantee shall maintain equipment records that include: a description of the
property; the manufacturer's serial number, model number, or other identification number;
the source of the equipment, including the Catalogue of Federal Domestic Assistance
(CFDA) number; who holds title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition data including the date
of disposal and sale price of the property.
4. Records for equipment shall be retained by the Sub -grantee for a period of six years from
the date of the disposition, replacement or transfer. If any litigation, claim, or audit is
started before the expiration of the six year period, the records shall be retained by the
Sub -grantee until all litigation, claims, or audit findings involving the records have been
resolved.
5. The Sub -grantee shall take a physical inventory of the equipment and reconcile the results
with the property records at least once every two years. Any differences between
quantities determined by the physical inspection and those shown in the records shall be
investigated by the Sub -grantee to determine the cause of the difference. The Sub -grantee
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
6. The Sub -grantee shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage or theft shall be investigated
and a report generated and sent to the Department.
7. If the Sub -grantee is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return.
8. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
DHS-FEMA-HSGP-FFY 11 Page 4 of 24 Whatcom County Sheriffs Office-DEM
E12-247
129
a. Items of equipment with a current per -unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Sub -grantee with no further obligation to
the awarding agency.
b. Items of equipment with a current per -unit fair market value of more than $5,000 may
be retained or sold and the Sub -grantee shall compensate the Federal -sponsoring
agency for its share.
9. As recipient of federal funds the Sub -grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub -contractors,
consultants, and sub -grantees who receive pass -through funding from this Grant
Agreement.
ARTICLE VI — ENVIRONMENTAL AND HISTORICAL PRESERVATION
1. The Sub -grantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program. Information about these requirements is located at
http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm.
2. The Sub -grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub -grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers, physical
security enhancements, new construction, renovation, or modification to buildings or
structures, cannot be initiated until FEMA has completed the required EHP review. If
potential impact is identified, EHP review is required prior to project implementation.
Projects implemented prior to receiving EHP approval from FEMA risk de -obligation of
funds.
ARTICLE VII — PROCUREMENT
The Sub -grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub -grantee's award and execution of a
contract. This requirement must be passed on to all of the Sub -grantee's sub -contractors, at
which point the Sub -grantee will be responsible for reviewing and approving their sub-
contractors' sole source justifications.
ARTICLE VIII — SUB -GRANTEE MONITORING
1. The Department will monitor the activities of the Sub -grantee from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass -through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial regulations,
as well as OMB Circular A-133, Audits of States, Local Governments and Non -Profit
Organizations.
2. Monitoring activities may include, but are not limited to:
a. review of performance reports;
b. monitor and document the completion of Grant Agreement deliverables;
c. documentation of phone calls, meetings, a -mails and correspondence;
d. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Grant Agreement budget and federal requirements;
e. observation and documentation of Grant Agreement related activities, such as
exercises, training, funded events and equipment demonstrations;
f. on -site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
3. As a sub -recipient of federal funds, the Sub -grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub -contractors, consultants, and sub -
recipients who receive pass -through funding from this Agreement.
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ARTICLE IX — GRANT AGREEMENT MODIFICATION REQUESTS
A Sub -grantee may request a modification to the Grant Agreement in writing to the Department
key personnel. Modifications may be requested for Grant Agreement end date, budget or scope
change.
ARTICLE X — NIMS COMPLIANCY
1. The Sub -grantee agrees that in order to receive Federal Fiscal Year 2011 (FFY11) federal
preparedness funding, the National Incident Management System (NIMS) compliance
requirements for 2011 must be met.
2. In accordance with Homeland Security Presidential Directive (HSPD)-5, Management of
Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a
requirement to receive Federal preparedness assistance, through grants, contracts, and
other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, Tribal nations, nongovernmental organizations including voluntary
organizations, and private sector partners to work together to prevent, protect against,
respond to, recover from, and mitigate the effects of incidents, regardless of cause, size,
location, or complexity.
3. All local government and Tribal nations sub -grantees should update their respective NIMS
Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit
a Corrective Action Plan via NIMSCAST for FFY10. Corrective Action Plans are only
required if a jurisdiction fails to meet one of the NIMS implementation activities.
Comprehensive information concerning NIMS implementation for States, Tribal nations,
local governments, nongovernmental organizations, and the private sector is available
through the National Integration Center (NIC) at FEMA's NIMS Resource Center at
http://www.fema.gov/nims.
4. Local governments and tribal nations should continue to implement NIMS training guidance
(course curricula and instructor qualifications) contained in the NIMS Training Plan,
released in September 2011 and any successor guidance released by FEMA. [Note:
Coursework and training developed and/or delivered by National Wildfire Coordinating
Group (NWCG) meet the course and instructor requirements of the NIMS Training Plan].
NIMS training guidance is available on FEMA's NIMS Resource Center at
hftp://www.fema.gov/emergency/nims/NIMSTrainingCourses.shtm.
ARTICLE XI — OPSG SPECIFIC REQUIREMENTS
1.. The Washington State Military Department receives grant funding each year from the U.S.
Department of Homeland Security (DHS) / Federal Emergency Management Agency
(FEMA) through the Homeland Security Grant Program (HSGP). Operation Stonegarden
(OPSG) provides funding to designated localities to enhance cooperation and coordination
between Federal, State, local, Tribal, and territorial law enforcement agencies in a joint
mission to secure the United States borders along routes of ingress from international
borders to include travel corridors in States bordering Mexico and Canada, as well as
States and territories with International water borders.
2. The FFY 2011 HSGP grant guidance stipulates the following caps and thresholds that
apply to OPSG:
a. A maximum of up to five percent (5%) of OPSG funding may be used for
management and administrative purposes associated with this award.
b. Per the PRICE of Homeland Security Act (Public Law 110-412), subgrantees are
allowed to utilize up to 50 percent (50%) of their OPSG funding for personnel
related costs which include overtime activities.
3. OPSG-funded activities must have a clear correlation to the goals, objectives, and priorities
identified in the evaluated and approved FY 2011 OPSG Operations Order submitted to
DHS and identified in the Scope of Work, Exhibit C.
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4. When preparing Biannual Reports, accomplishments relating to the following project
deliverables should be addressed, including but not limited to:
a. Enhanced capabilities as regards to border security and protection
b. Equipment purchased, installed, tested, and trainings conducted.
5. The Sub -grantee shall submit all proposed equipment purchases to the Department's Key
Personnel, who will review and forward to the Committee on Homeland Security,
Equipment Subcommittee. All equipment is required to be on the Authorized Equipment
List located at the Responder Knowledge Base (http://www.rkb.us/), is aligned with the
statewide equipment purchasing strategy, and meets all statewide interoperability and
standardization requirements. No reimbursement for equipment costs will occur until the
appropriate approvals have been obtained.
6. Sub -grantees may consider marking equipment in the following manner, "Purchased with
funds provided by the U.S. Department of Homeland Security," in order to facilitate their
own audit processes, as well as Federal audits and monitoring visits, which may result from
receiving Federal funding.
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Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms will have the meaning set
forth below:
a. "Department" means the Washington State Military Department, as a state agency,
any division, section, office, unit or other entity of the Department, or any of the
officers or other officials lawfully representing that Department.
b. "Sub -grantee" means the government or other eligible legal entity to which a sub -
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub -grantee
and any sub -contractor retained by the Sub -grantee as permitted under the terms of
this Grant Agreement. The term "Sub -grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. "Sub -grantee Agent" means the official representative and alternate designated or
appointed by the Sub -grantee in writing and authorized to make decisions on behalf
of the Sub -grantee.
d. "Grantee" means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the Department are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. "Investment Justification" means grant application investment justification
submitted by the Sub -grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. "PL" — is defined and used herein to mean the Public Law.
h. "CFR" — is defined and used herein to mean the Code of Federal Regulations.
i. "OMB" — is defined and used herein to mean the Office of Management and Budget.
j. "WAC" — is defined and used herein to mean the Washington Administrative Code.
k. "RCW" — is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS
Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of
federal funds from all sources, direct and indirect, are required to have a single or a
program -specific audit conducted in accordance with the Office of Management and
Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non -Profit
Organizations (amended June 27, 2003, effective for fiscal years ending after December
31, 2003, and further amended June 26, 2007). Non-federal entities that spend less
than $500,000 a year in federal awards are exempt from federal audit requirements for
that year, except as noted in Circular No. A-133. As defined in Circular A-133, the term
"non-federal entity" means a State, local government, or non-profit organization, and the
term "State" includes Indian tribes. Circular A-133 is available on the OMB Home Page
at http://www.omb.gov.
Sub -grantee required to have an audit must ensure the audit is performed in accordance
with Generally Accepted Government Auditing Standards (GAGAS) as found in the
Government Auditing Standards (the Revised Yellow Book) developed by the
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Comptroller General and the OMB Compliance Supplement. The Sub -grantee -grantee
has the responsibility of notifying its auditor and requesting an audit in compliance with
Circular A-133, to include the Washington State Auditor's Office, a federal auditor, or a
public accountant performing work using GAGAS, as appropriate. Costs of the audit
may be an allowable grant expenditure as authorized by Circular A-133.
The Sub -grantee shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub -contractors also maintain auditable
records.
The Sub -grantee is responsible for any audit exceptions incurred by its own organization
or that of its sub -contractors. Responses to any unresolved management findings and
disallowed or questioned costs shall be included with the audit report. The Sub -grantee
must respond to Department requests for information or corrective action concerning
audit issues or findings within 30 days of the date of request. The Department reserves
the right to recover from the Sub -grantee all disallowed costs resulting from the audit.
Once the single audit has been completed, the Sub -grantee must send a full copy of the
audit to the Department and a letter stating there were no findings, or if there were
findings, the letter should provide a list of the findings_ The Sub -grantee must send the
audit and the letter no later than nine (9) months after the end of the Sub -grantee's fiscal
year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the Sub -grantee must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If Sub -grantee claims it is exempt from the audit requirements of Circular A-133, Sub -
grantee must send a letter identifying this Grant Agreement and explaining the criteria
for exemption no later than nine (9) months after the end of the Sub -grantee fiscal
year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The Department retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The Sub -grantee shall include the above audit requirements in any sub -contracts.
Conducting a single or program -specific audit in compliance with Circular A-133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A-133, the Sub -grantees failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with Circular A-133; the withholding or disallowing of
overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. Sub -grantee shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
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A.4 AMENDMENTS AND MODIFICATIONS
The Sub -grantee or the Department may request, in writing, an amendment or
modification of this Grant Agreement. However, such amendment or modification shall
not be binding, take effect or be incorporated herein until made in writing and signed by
the authorized representatives of the Department and the Sub -grantee. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULA71-IONS ALSO REFERRED
TO AS THE "ADA" 28 CFR Part 35.
The Sub -grantee must comply with the ADA, which provides comprehensive civil rights
protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.6 ASSURANCES
Department and Sub -grantee agree that all activity pursuant to this Grant Agreement will
be in accordance with all the applicable current federal, state and local laws, rules and
regulations.
A.7 CERTIFICA-1-I0I14 REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the Sub -grantee certifies that the
Sub -grantee is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Grant Agreement by any
federal department or agency.
If requested by the Department, the Sub -grantee shall complete and sign a Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any
such form completed by the Sub -grantee for this Grant Agreement shall be incorporated
into this Grant Agreement by reference.
Further, the Sub -grantee agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The Sub -grantee certifies that it will ensure that potential sub -contractors or sub -
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department' or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non -procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub -awards to sub -recipients for any amount. With respect to covered
transactions, the Sub -grantee may comply with this provision by obtaining a certification
statement from the potential sub -contractor or sub -recipient or by checking the Excluded
Parties List System (EPLS) maintained by the federal General Services Administration
(GSA). The Sub -grantee also agrees not to enter into any arrangements or contracts
with any party on the Washington State Department of Labor and Industries' "Debarred
Contractor List."
A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Sub -
grantee or its designees or agents; no member of the governing body of the jurisdiction
in which the project is undertaken or located; and no other official of such the Sub -
grantee who exercises any functions or responsibilities with respect to the project during
his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect,
in any contract, subcontract, or the proceeds thereof, for work to be performed in
connection with the project assisted under this Grant Agreement. The Sub -grantee shall
incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision
prohibiting such interest pursuant to this provision.
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A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Sub -grantee and all its contractors shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and
local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation
includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and
Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA),
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as
amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees
(48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on
Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline
Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy
Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and
Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the Sub -grantee's or its contractor's noncompliance or refusal to comply
with any applicable law, regulation, executive order, OMB Circular or policy, the
Department may rescind, cancel, or terminate the Grant Agreement in whole or in part in
its sole discretion. The Sub -grantee is responsible for all costs or liability arising from its
failure to comply with applicable law, regulation, executive order, OMB Circular or policy.
A.10 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any
purpose not directly connected with the administration of the Department's or the Sub -
grantee's responsibilities with respect to services provided under this Grant Agreement
is prohibited except by prior written consent of the Department. However, the parties
acknowledge that the Department, and state and local agencies as defined in RCW
42.56.010, are subject to RCW 42.56, the state Public Records Act.
A. 11 DISPUTES
The Department and Sub -grantee shall make every effort to resolve disputes arising out
of or relating to this Grant Agreement through discussion and negotiation. Should
discussion and negotiation fail to resolve a dispute arising under this Agreement, the
parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually
agreed upon by both parties. The team shall attempt, by majority vote, to resolve the
dispute.
Both parties agree that this dispute resolution process shall precede any action in a
judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from
mutually agreeing to a different dispute resolution method in lieu of the procedure
outlined above.
A.12 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the Sub -grantee, its successors or assigns, will protect,
save and hold harmless the Department, the State of Washington, and the United States
Government and their authorized agents and employees, from all claims, actions, costs,
damages or expenses of any nature whatsoever by reason of the acts or omissions of
the Sub -grantee, its sub -contractors, assigns, agents, contractors, consultants,
licensees, invitees, employees or any person whomsoever arising out of or in connection
with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the Sub -grantee further agrees to defend the Department
and the State of Washington and their authorized agents and employees in any litigation;
including payment of any costs or attorneys' fees for any claims or action commenced
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thereon arising out of or in connection with acts or activities authorized by this Grant
Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the Department; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the Department,
and (2) the Sub -grantee, its agents, or employees, this indemnity provision shall be valid
and enforceable only to the extent of the negligence of the Sub -grantee, or Sub -
grantee's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non -liability. The federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the
federal government in carrying out the provisions of the Stafford Act.
A.13 LIMITATION OF AUTHORITY —Authorized Signature
the signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the Department's Authorized
Signature representative and the Authorized Signature representative of the Sub -
grantee or Alternate for the Sub -grantee, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Sub -grantee
shall have signature authority to sign reimbursement requests, time extension requests,
amendment and modification requests, requests for changes to the scope of work, and
other requests, certifications and documents authorized by or required under this
Agreement.
A.14 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion or end date, the Department may unilaterally reduce the scope of work and
budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause"
without providing the Sub -grantee an opportunity to cure. Alternatively, the parties may
renegotiate the terms of this Agreement under "Amendments and Modifications" to
comply with new funding limitations and conditions, although the Department has no
obligation to do so.
A.15 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the Sub -grantee.
A.16 NONDISCRIMINATION
The Sub -grantee shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status, honorably
discharged veteran or military status, or disability (physical, mental, or sensory) be
denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Grant Agreement.
A.17 NOTICES
The Sub -grantee shall comply with all public notices or notices to individuals required by
applicable local, state and federal laws and shall maintain a record of this compliance.
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A.18 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The Sub -grantee represents and warrants that its work place does now or will meet all
applicable federal and state safety and health regulations that are in effect during the
Sub -grantee's performance under this Grant Agreement. To the extent allowed by law,
the Sub -grantee further agrees to indemnify and hold harmless the Department and its
employees and agents from all liability, damages and costs of any nature, including but
not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Sub -grantee to so comply.
A.19 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the Sub -grantee.
The Sub -grantee shall assume all liabilities arising from the ownership and operation of
the project and agrees to hold the Department and the state of Washington and the
United States government harmless from any and all causes of action arising from the
ownership and operation of the project.
A.20 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the
approval or defeat of any ballot issue.
A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of
any bonus or commission for the purpose of obtaining approval of the application for
such assistance or any other approval or concurrence under this Grant Agreement
provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.22 PUBLICITY
The Sub -grantee agrees to submit to the Department prior to issuance all advertising
and publicity matters relating to this Grant Agreement wherein the Department's name is
mentioned or language used from which the connection of the Department's name may,
in the Department's judgment, be inferred or implied. The Sub -grantee agrees not to
publish or use such advertising and publicity matters without the prior written consent of
the Department. The Sub -grantee may copyright original work it develops in the course
of or under this Grant Agreement; however, pursuant to 44 CFR 13.34, FEMA reserves
a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise
use, and to authorize others to use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.23 RECAPTURE PROVISION
In the event the Sub -grantee fails to expend funds under this Agreement in accordance
with applicable federal, state, and local laws and/or the provisions of the Grant
Agreement, the Department reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the Sub -grantee of
funds under this recapture provision shall occur within 30 days of demand.
In the event the Department is required to institute legal proceedings to enforce the
recapture provision, the Department shall be entitled to its costs thereof, including
attorney fees.
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A.24 RECORDS
a. The Sub -grantee agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the Sub -grantee's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records")-
b. The Sub -grantee's records related to this Grant Agreement and the activities funded
may be inspected and audited by the Department or its designee, by the Office of the
State Auditor, DHS, FEMA or their designees, by the Comptroller General of the
United States or its designees, or by other state or federal officials authorized by law,
for the purposes of determining compliance by the Sub -grantee with the terms of this
Grant Agreement and to determine the appropriate level of funding to be paid under
the Grant Agreement.
c. The records shall be made available by the Sub -grantee for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
Sub -grantee's normal working day.
d. The Sub -grantee shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
A.25 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK PLAN
While the Department undertakes to assist the Sub -grantee with the project/statement of
work/work plan (project) by providing grant funds pursuant to this Grant Agreement, the
project itself remains the sole responsibility of the Sub -grantee. The Department
undertakes no responsibility to the Sub -grantee, or to any third party, other than as is
expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the Sub -grantee, as is responsibility for any claim or suit of any nature by any
third party related in any way to the project.
Prior to the start of any construction activity, the Sub -grantee shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The Sub -grantee shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the Sub -grantee in connection with the project.
The Sub -grantee shall not look to the Department, or to any state or federal agency, or
to any of their employees or agents, for any performance, assistance, or any payment or
indemnity, including but not limited to cost of defense and/or attorneys' fees, in
connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and/or maintenance of a project_
A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Sub -grantee hereby certifies that to the best of its
knowledge and belief: (1) no federally appropriated funds have been paid or will be paid
by or on behalf of the Sub -grantee to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an
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officer or employee of Congress, or an employee of a Member of Congress in
connection with this Grant Agreement, grant, loan, or cooperative agreement, the Sub -
grantee will complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; (3) and that, as applicable, the Sub -
grantee will require that the language of this certification be included in the award
documents for all subawards at all tiers (including sub -contracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly. This certification is a material representation of
fact upon which reliance was placed when this transaction was made or entered into,
and is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB -CONTRACTING
The Sub -grantee shall use a competitive procurement process in the award of any
contracts with contractors or sub -contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the Sub -grantee.
All sub -contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB -GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The Sub -grantee, and/or employees or agents performing under this
Grant Agreement are not employees or agents of the Department in any manner
whatsoever. The Sub -grantee will not be presented as nor claim to be an officer or
employee of the Department or of the State of Washington by reason of this Grant
Agreement, nor will the Sub -grantee make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of the Department or of the
State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.06 RCW.
It is understood that if the Sub -grantee is another state department, state agency, state
university, state college, state community college, state board, or state commission, that
the officers and employees are employed by the state of Washington in their own right
and not by reason of this Grant Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the Sub -grantee shall be
responsible for, pay and maintain in current status all taxes, unemployment
contributions, fees, licenses, assessments, permit charges and expenses of any other
kind for the Sub -grantee or its staff required by statute or regulation that are applicable
to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the Sub -grantee may terminate
this Grant Agreement by providing written notice of such termination to the Department's
DHS-FEMA-HSGP-FFY 11 Page 15 of 24 Whatcom County Sheriffs Office-DEM
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Key Personnel identified in the Grant Agreement, specifying the effective date thereof, at
least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the Department, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the Sub -grantee. Upon notice of
termination for convenience, the Department reserves the right to suspend all or part of
the Grant Agreement, withhold further payments, or prohibit the Sub -grantee from
incurring additional obligations of funds. In the event of termination, the Sub -grantee
shall be liable for all damages as authorized by law. The rights and remedies of the
Department provided for in this section shall not be exclusive and are in addition to any
other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Sub -grantee has failed
to fulfill in a timely and proper manner its obligations under this Grant Agreement, is in
an unsound financial condition so as to endanger performance hereunder, is in violation
of any laws or regulations that render the Sub -grantee unable to perform any aspect of
the Grant Agreement, or has violated any of the covenants, agreements or stipulations
of this Grant Agreement, the Department has the right to immediately suspend or
terminate this Grant Agreement in whole or in part.
The Department may notify the Sub -grantee in writing of the need to take corrective
action and provide a period of time in which to cure. The Department is not required to
allow the Sub -grantee an opportunity to cure if it is not feasible as determined solely
within the Department's discretion. Any time allowed for cure shall not diminish or
eliminate the Sub -grantee liability for damages or otherwise affect any other remedies
available to the Department. If the Department allows the Sub -grantee an opportunity to
cure, the Department shall notify the Sub -grantee in writing of the need to take corrective
action. If the corrective action is not taken within ten (10) calendar days or as otherwise
specified by the Department, or if such corrective action is deemed by the Department to
be insufficient, the Grant Agreement may be terminated in whole or in part.
The Department reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the Sub -grantee from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the Sub -grantee, if allowed, or pending a decision by the
Department to terminate the Grant Agreement in whole or in part.
In the event of termination, the Sub -grantee shall be liable for all damages as authorized
by law, including but not limited to, any cost difference between the original Grant
Agreement and the replacement or cover Grant Agreement and all administrative costs
directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the Sub -grantee: (1) was not in default or material breach, or (2)
failure to perform was outside of the Sub -grantee's control, fault or negligence, the
termination shall be deemed to be a "Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Grant
Agreement, the Sub -grantee shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the Department may require the Sub -grantee to
deliver to the Department any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
DHS-FEMA-HSGP-FFY 11 Page 16 of 24 Whatcom County Sheriffs Office-DEM
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If the termination is for convenience, the Department shall pay to the Sub -grantee
agreed upon price, if separately stated, for properly authorized and completed work and
services rendered or goods delivered to and accepted by the Department prior to the
effective date of Grant Agreement termination, and the amount agreed upon by the Sub -
grantee and the Department for (i) completed work and services and/or equipment or
supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department,
(iii) other work, services and/or equipment or supplies which are accepted by the
Department, and (iv) the protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Grant Agreement. If the termination is for cause, the
Department shall determine the extent of the liability of the Department. The
Department shall have no other obligation to the Sub -grantee for termination. The
Department may withhold from any amounts due the Sub -grantee such sum as the
Department determines to be necessary to protect the Department against potential loss
or liability.
The rights and remedies of the Department provided in this Grant Agreement shall not
be exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
Department in writing, the Sub -grantee shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub -contracts for materials, services, supplies,
equipment and/or facilities in relation to this Grant Agreement except as may be
necessary for completion of such portion of the work under the Grant Agreement
as is not terminated;
C. Assign to the Department, in the manner, at the times, and to the extent directed
by the Department, all of the rights, title, and interest of the Sub -grantee under
the orders and sub -contracts so terminated, in which case the Department has
the right, at its discretion, to settle or pay any or all claims arising out of the
termination of such orders and sub -contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub -contracts, with the approval or ratification of the Department to
the extent the Department may require, which approval or ratification shall be
final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to
the extent directed by the Department any property which, if the Grant
Agreement had been completed, would have been required to be furnished to the
Department;
f. Complete performance of such part of the work as shall not have been
terminated by the Department in compliance with all contractual requirements;
and
g. Take such action as may be necessary, or as the Department may require, for
the protection and preservation of the property related to this Grant Agreement
which is in the possession of the Sub -grantee and in which the Department has
or may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The Sub -grantee may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
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A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Sub -grantee is encouraged to utilize business firms that are certified as minority -
owned and/or women -owned in carrying out the purposes of this Grant Agreement. The
Sub -grantee may set utilization standards, based upon local conditions or may utilize the
state of Washington MWBE goals, as identified in WAC 326-30-041.
A.36 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the Department in writing. The Department's failure to insist upon strict
performance of any provision of the Grant Agreement or to exercise any right based
upon a breach thereof, or the acceptance of any performance during such breach, shall
not constitute a waiver of any right under this Grant Agreement.
A.37 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the
validity and performance shall be governed by the laws of the state of Washington.
Venue of any suit between the parties arising out of this Grant Agreement shall be the
Superior Court of Thurston County, Washington. The Sub -grantee, by execution of this
Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington.
DHS-FEMA-HSGP-FFY 11 Page 18 of 24 Whatcom County Sheriffs Office-DEM
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Exhibit C
FFY11 Homeland Security Grant Program (HSGP)
Operation Stonegarden (OPSG) Scope of Work
Operations Order Name FY2011-OPSG-WA-Whatcom County
Op -Order Number 12-BLWBLW-11-003 Version 0
Op Order Dates 01/01/2012 To 12/31/2014
From Approved Operations Order.
EXECUTIVE SUMMARY: The Whatcom County Sheriffs Office Division of Emergency
Management executes all interagency contracts for financial reimbursement from OPSG funds
and coordinates reimbursement with the Stale Administrative Agency (SAA). Grant funding
through Operation Stonegarden (OPSG) will strengthen partnerships and improve border
enforcement through increased cooperation, infrastructure improvements, and equipment
enhancements.
MISSION: The Department of Homeland Security, CBP/Border Patrol, the Whatcom County
Sheriffs Office, Washington State Patrol, and other federal, local, and tribal Law Enforcement
agencies in the Blaine Sector area of responsibility will conduct enhanced border security
operations along the Canada/Whatcom County, WA, US border within the Blaine Sector AOR.
These operations will support the Department of Homeland Security's goals, including those
outlined in the National Border Patrol Strategy.
ACTIVE PARTICIPANTS: USBP, OFO, HIS, DEA, FBI, USCG, Whatcom County SO,
Washington State Patrol, Blaine PD, Bellingham PD, Everson PD, Ferndale PD, Lynden PD,
Sumas PD.
EXECUTION:
• The main focus of the Operation Stonegarden plan will be the enforcement of
Washington State law in each agency s jurisdiction, and the denial of entry avenues,
egress routes, and use of transportation hubs to criminal organizations seeking to
smuggle narcotics, humans, and possibly terrorists and/or their instruments.
• State and local enforcement entities within the sector AOR will provide an enhanced
presence in the border area by utilizing Stonegarden overtime and equipment funding.
• These local agencies will perform duties normal to their agency's mission while providing
additional law enforcement "eyes and ears" and equipment in support of the Homeland
Security mission.
• Participating agencies will not enforce immigration laws on behalf of CBP/Border Patrol.
• To reflect changing conditions, the Sector and participating agencies will execute
changes to the OPSG operational plan for submission to CBP as required.
• A representative from Blaine Sector Headquarters will monitor/coordinate all OPSG
activities, generate and distribute participant schedules, collect the OPSG Daily Activity
Report (DAR), generate and submit the weekly OPSG recap for OBP, and keep
appropriate command staff apprised as necessary.
• At the conclusion of each shift, OPSG State and local law enforcement officers will
complete a DAR. The DAR will be submitted via email to the Sector OPSG Coordinator
at charles.stephens@dhs.gov.
• The stations within whose AORs OPSG activities are conducted will be responsible for
reported related intelligence to the Patrol Agent in Charge, Sector Intelligence or his
designee.
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• Sector Intelligence will analyze information gathered and disseminate as necessary to
OPSG participants.
• Each participating OPSG agency will have a designated management representative.
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Exhibit D
MILESTONE TIMELINE
FFY11 Homeland Security Grant Program (HSGP)
Operation Stonegarden (OPSG)
MILESTONE
TASK
September 1, 2011
Start of Grant Agreement performance period
July 15, 2012
Bi-Annual Progress Report due
January 15, 2013
Bi-Annual Progress Report due
July 15, 2013
Bi-Annual Progress Report due
January 15, 2014
Bi-Annual Progress Report due
June 30, 2014
End of Grant Agreement performance period.
July 14, 2014
Submit all final reports, requests for reimbursement and/or
deliverables
DHS-FEMA-HSGP-FFY 11 Page 21 of 24 Whatcom County Sheriffs Office-DEM
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BUDGET SHEET
FFY11 Homeland Security Grant Program (HSGP)
Operation Stonegarden (OPSG)
Operational
Overtime
Travel
Vehicle/Equipment
Maintenance
Fuel Cost and/or
Mileage
Reimbursement
Equipment
Total $211,235
Total $0
Total $0
Total $24,755
Total $521,973
TOTAL $757,963
Exhibit E
Funding Source
713GA
1. Cumulative changes to budget categories in excess of 10% of the grant agreement will not
be reimbursed without prior written authorization from the Department.
2. The Sub -grantee will not be reimbursed for personnel costs that exceed $378,981.
3. Funds shall not be used to supplant inherent routine patrols and law enforcement operations
or activities not directly related to providing enhanced coordination between local and
Federal law enforcement agencies.
DHS-FEMA-HSGP-FFY 11
Page 22 of 24
Whatcom County Sheriffs Office-DEM
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ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS
for Compliance With the
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282)
A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a)
of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor
agrees to provide all applicable reporting information to the Washington Military Department
(WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal grants, loans,
and contracts. As required by FFATA and OMB Guidance, certain information on the first -tier
subawards related to Federal contracts and grants, and the executive compensation of awardees,
must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25,000 but subsequent grant modifications result in a
total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $25,000 but funding is subsequently de -obligated such that the total award amount falls
below $25,000, the subaward continues to be subject to the reporting requirements of the
Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by FFATA,
OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all
information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS
number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD
or by the Federal Contractor Registry (CCR). CCR is a government wide
registration system for organizations that do business with the Federal
Government. CCR stores information about awardees including financial account
information for payment purposes and a link to D&B for maintaining current
DUNS information, www.cer.gov. WMD encourages CCR registration and
annual renewal by your organization to minimize unnecessary data entry and re-
entry required by both WMD and your organization. It will also reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS)
number obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A
DUNS number provides a method to verify data about your organization. D&B is
responsible for maintaining unique identifiers and organizational linkages on
behalf of the Federal Government for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as the
subawardee) if.
DHS-FEMA-HSGP-FFY 11 Page 23 of 24 Whatcom County Sheriffs Office-DEM
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1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or
section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non -cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such as severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2) the public does not have access to this information about the
compensation of the senior executives of your organization through periodic reports filed under
section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)
or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below:
If your organization does not meet these criteria, specifically identify below each criteria that is
not met for
your organization:
k-A-
IX-C.�Vy Q
o`I S Uc-�O , 000
1-12-2011 Final
DHS-FEMA-HSGP-FFY 11 Page 24 of 24 Whatcom County Sheriff's Office-DEM
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WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-176
CLEARANCES
Inf ial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
�jI/ V/I��%
/�-
5/22/2012
Fin/Council
Division Head:
MAY 14 2012
WHATCOM COUNTY
COUNCIL
Dept. Head:
106A,
L11 ,�-
Prosecutor:
Purchasing/Budget:
U
Executive:
TITLE OF DO ENT:
WEST ONLINE SUBSCRIPTION CONTRACT
ATTACHMENTS:
Contract, sole source approval letter, contract information sheet and explanatory memo.
SEPA review required? ( )Fes ( X) NO
Should Clerk schedule a hearing? ( ) Yes ( X) NO
SEPA review completed? ( )Fes ( ) 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.)
Request approval for the County to enter into a three year contract with WEST for on-line access to legal
research databases and print service subscriptions for the Whatcom County Law Library.
COMMITTEEACTION.•
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number.
Please Note. Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcomwa.uslcounciL
150
M C
WHATCOM COUNTY �P�Go oti
LAW LIBRARY 3
Whatcom County Courthouse
311 Grand Avenue, Suite B3 _ 02
Bellingham, WA 98225 9SH1N6�
TO: Jack Louws, County Executive
FROM: Virginia Tucker, Law Librari4klck
RE: West subscription contract for Law Library
DATE: April 20, 2012
M� I
im :111A k
MAY 112012
JACK LOUWS
COUNTY EXECUTIVE
Enclosed are two original contracts between Whatcom County Law Library and West
Publishing for your review and approval.
Background and Purpose
This is a three-year sole source subscription contract with West for online databases and
print subscriptions and Sole Source Approval letter is attached. The contract expires three
years from the date of signing. The previous one-year contract has expired.
Funding Amount and Source
The funding amount is $1,782.00 per month or $21,384 annually, with a 2 percent
increase cap in Year 2 and Year 3, plus the cost of individual hardcopy volumes at a 50%
discount. The latter typically runs $12 to 15K/year. Source of funding is generated by the
Law Library's statutory allotment from the number of Civil Court filings in Superior
Court and District Court and the local Bar Association donations via the general fund.
Differences from Previous Contract
Due to price hikes for hardcopy sources the contract includes discontinuing the Pacific
Reporter print subscription in order to stay within budget. The contract carries a 50%
discount for all five of the remaining hardcopy subscriptions (listed on page 1).
Thank you.
Approved:
Jack Louws, County Executive
Phone: 360.676.6556 Fax: 360.676.7727 Email: vtucker@co.whatcom.wa.us Web: www.whatcomlawhbrary.org
151
WHATCOM COUNTY CONTRACT
EWORMATION SHEET .
Whatcom County
Contract No.
o o c) 5-0
Originating Department:
LAW LIBRARY
Contract Administrator.
VIRGINIA TUCKER
Contractor's / Agency Name:
WEST
Is this a ew Contract? If not, is this an Amendment o enewal an Existing Contract?
Yes . No Yes �X No If yes, previous number(s): 2101 0 t2 qd 0 3
Is this a grant agreement?
Yes No If yes, grantor agency contract number(s) CFDA #
Is this contract t funded?
Yes No If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes No If es, RFP and Bid number(s) Cost Center:
C5�1 �r.v�r�
e.
Is this contract excluded from E-Verify? No Yes If no, include Attachment D Contractor Declaration Form
If yes, indicate qualified exclusion(s) below:
Contract less than $100,000. Professional services agreement for certified/licensed professional
T Work is for less than 120 days Contract for Commercial off the shelf items (COTS)
Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FHWA
Contract Amount:(sum of orig contract amt and any prior
If a Professional Services Agreement is more than $15,000 or a Bid is
amendments)
more than $35,000, please submit an Agenda Bill for Council approval
$ 65,444.00
and a supporting memo. Any amendment that provides either a 10%
This Amendment Amount:
increase in amount or more than $10,000, whichever is greater, must
$
also go to Council and will need an agenda bill and supporting memo. If
Total Amended Amount:
less than these thresholds, just submit to Executive with supporting
$
memo for approval.
Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary]
This is a three year, sole source, subscription with WEST for on-line access to legal research databases and print service
subscriptions.
Term of Contract: Three years
Expiration Date: three yearsfirom. date of contract execution
y (CIpPfax • m al 21, 20I 5
1. Prepared by Date [electronic]
2. Attorney reviewed Date ��� _ 1�� [electronic]
3. AS Finance reviewed Date [electronic]
4. IT reviewed if IT related Date [electronic]
5. Corrections made Date [electronic] hard copy printed
6. Attorney si ervi Date
7. Contractor signed Date
8. Submitted to Exec Office _ ,/ Date [summary via electronic; hardcopies]
9. Council. approved (if necessary) Date
10. Executive signed Date
11. Contractor Original Returned to dept. Date
12. County Original to Council Date
Last Revised 1/19/12
152
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elecicd by Subscriber with his/her initials below (-'Minimum tents") Stibserille:r also of-wes to maintain nit subscriptions to Cho WeslPack print products (new aild/of etisling as
set forth al)uyo) ditnng llic Minimum Term and fhc charges I'nr Suhscnlier's WustPack print pruducLs (Nth. initial print chargtsi (" Imtiul WeslPuck Churgus') and print and CD-
ROM sulnscription services charges including CD-ROM C'horge+ ('•WLNilfiuk Suircription Cluirgw:')) shall he billed ar: xW forth htlRin Upon uunclaKiun ur nxr Minimum
I ours. CD-ROM Chartres and WeslPack Subscriplion Charges arc billed therealler at up to then -current rates. Any additional u.wN added to any existing Per User WcsilowPRO
and/or CO -RUM prtxluct )rcvlxaud Ny SuNstTnlx r kvm Well shall 1>v tied lv the Mininnnu Torm ol'Ihe undcnying t�rdci norm for SUc)n prttdlkl(s)
tiub,erilwrN Iniluds ror 12. 24 or 36 Month Mlnimm�t Term 5010
12 Month Mluhnunt Term for WcstlawP110. WcstPack Print and CD -RUM Products ' o WcstPuck Print and CD-ROM Product discount (new and existing)
_ 24 Month Miulmum faun far WestlawPRO. WcstPock Print and CD-ROM Products • XA4 WcstPwk Print and CD-ROM Product discount (ocw and existing) —
Monthly WcstlawPRO Charges for second 12 months Mri to increase b,• inure than %over Muallily WwsllawPltU Charges l'ur initial 12 munths.
,�M 3ft Month Minimum Tcrm for WestlawPRp. WastPuck Print urkl CD-ROM Products — SINh WtslPuck Print mid C'U-RUM Produce discount (new and existing) -
MUnthly WLSll;iwvPR0 t barges for second 12 months nor to increase by more than �, °ib over Monthly WesilawPRO Clmrgst firr initial 12 months and Monthly
Wesnawl,Rf) Charges ror third 12 nlurtths not to increase by more than _. °/o over Monthly WutIUWPRO Charges fur second 12 rrkmths.
Non -Government Subs-cribers Qniy: Upon conclusion of one WcsllawPRO Minimum Term, the Subscriber Agrtt;ment and this Ordcr form will nulomatic dly renew fur
cunsuculivu f2-muridl periuds (" Itenewal term'). cud file Monthly Westlawl'KU C'Iwtrges rut ore Kcmewul lews) will mcretue 7% par ytar unluws either puny gives written
notice of canccldption to Vic ollwr party at least 30tiay5 fit ndvmcc of any Renewal Tenn, including llic first Itcncwpl rerun Additionally. West 1114y it its discretioll provide
Subscriber with notice at lead 60 days in advance of any Renewal 'farm ot'a Monthly WcstlawPRO Charge increase dill4crit Irani 1%altar which .Sudiwrlhar shall have 30days
to providu Wwt with written notice ul cancellation if Subscrbcr does not wish (o renew. L•xcludcd Charges may be modifial as set forth in the Subscriber Agregincal (its
defined herein) Subscriher is responsible for all Frcludcd Chorges as incurred During any Rcnewnl Tani, Sultscrihces ncom In and use of Wesllow shall be guverrled by file
SubScritv;l, Agt@olnent
Government_ Subseribcis Only1 Upon conclusion of the WestlaWPRO Minimum 'Icrin. MnnUily WesnawPRO Charges arc billed therentler al up to then -current rates
IExclitdcd (-hnrgcs and Monthly WcsnawPRO Chirgc's (a»cr the Minimum feint) may be modif icd as %cl fonh in (fie Subso-fbcr mitwincni (Us janw her'eiu). SubscrbcT i5
n-;punslble 1"ur all excluded Churges as incurred After the Minimum Tenn. Subscriber's access In and use of wesnaw shall be governed by the 5uhscribcr Agreement
erm; na i
Subscriher's lnitiok Subscnhcr has attorneys (partners. shareholders• associaics, contract or smtT attnmcy5. ol" counsel and 1114, like). cotUerdle users or
aC'solid personnel (if ordering i Paralegal Plan) to llkr localion idttmifled above or Pl E'S (if orrkting Campus Research) firr WestluwPP0. Cl)-RUM case law andfor West
Lvf;!alCek niter orders Il'WLst lmms that the uctuul number exceeds Uit: number curli rt; tJ alxive. West reserves the right io increase Snhscriher's charges a9 ipplicuble
rcclinical Contacts for W'estlaw Patron Access And C nmpus Flv%c`arch anntl'I'hUmson Innovation Administrator
Technical C-oniacl Name (plcaw print): V d 1 �(f fi1Q
I -Mail Addre-,,,s• Y Bro co. Gil e� Gr�-w �.l..t�(.7 ........ .....
Current Account it: _2ft 100
Patron Acccss: IP Address:
•$ne IV .i russ per lenwnol Arldirfmul Iap6 ram 6e uIlulied rl naa&d.
Campus Rcscrvch: IP Mir= Rinnc . _,ZhGo�_5 7. of 13, 13
0 Ordws subnlittud without IP Address infbrmution may delay act up and access
a� 5uhscribcr Initials _L i enninals will be used Ibr Patton Access (nut required lbr Campus Researeli).
Subemiher Initials _ C011CI W111 usorS will k' 11% id (ur Pulrun Access (not required for Campus Research).
In the event Suhurihcr dcsiras to increase the number of iublicly accessible terminals or concurnenl users, SubRer'iber must contuct W4*t. If
West learns that subscriber has incrensW the number of Publicly ur txssiblu lerminals. Wcsl reserves the right to increase Subscriher's charges
as appliuciblu
Far {nrornul OlTice L'sv Only
OF Instructionxr Mnx Comm = B of temis/I_ml to Wl Ublk Ancil/( term = 5 arty = 1 imrfech cunt = 59
Thom,%on Induvtdion Administrator Naenc (please. print).
F- Mail Addr,:ss:
SA M Inct
a90.dw
9/2'd 96T6lM2998T:01 96T60)-2998 Jdf:WMIA Tt:tT 2T02 154A
Wesllawl'1110 Rencwuls
*Cufn4nl Munlhly WcsllµWPRO t. burps 15%ar9 rale(5) m vIUM as ol'thu date ofihis OrdcT )'orzn and Inny
not ht: llx; rute(s) in erica when rate(s) liar the Renewal Term Worc calculated, depending on the length of
the current Minimum Term or current Ronmval Terin
Notes_
p� 5
SubwrihQr's htltinls fur 12 Moffitt Rcncwnl 1-crnl •" Subscrkt a¢rces to commit to an additional 12 ntuuths cold the Mordhly WtstluwPRo Charges for the such
additional 12 Intmtlts strap be _. _.. 4n more than the Monthly Wcstlalvl'RU C'hargas fir aloe, at tic end ofthe current Minutnfin Tcrni Illdfor cul'rcllt Renewal lent.
Sulnerlher's lnitlab for 24 Month Renewal Term •" Suhwrrlx:r agicus to comillil to an uddi6olliil 24 months 'Ihc Munlhly Wwtlawl'RO Charges for the first
addwonut 12 mondis shall be % more than the Monthly WCstaWPRO Charges in cllect at the end of the currunt Minialuln Terlli .110or current Retlewul Tenn and the
Monthly WCsIIaWPRfI Charges for the 5ccond arklifiontd 12 months shall tw __%More Iran the Monthly Wesflawl'RU Chargts for the first additional 12 months
Subscriber's toltlals far 36 Month Re w4vul 'form — .Subscriber agfwr; to corulnit to fin uddaruoul 16 months The Monthly WculuwPRO Charges for the first
additional 12 Itwtlths shall be "/a more than tlx: Monthly Wesduwl'RU Charges in cilba al the end of Illc currunt Minimnnt Term andlor current Renewal 'I Mil and the
Monthly Wt-itlawPRO Charges ror the: second additional 12 months shall be % more than file Mwuhly WCSllawf'RO Charges fur the first additional 12 mantis flue
MollI1liv WestlawPRO Charges fur the third additional 12 Monti shall be __"/o more than the Monthly WCs11aWPR1.l ( barges for the wcond additional 12 inonUls.
In line event u promot in in the underlying Order Form rtxluircd Subserib cr Io maintain a BkItISC iptlUf) to Wfbia West products in order to tx: eligible I'ttr such pron)nlion
(" Dopinticlm Subs(ription(s) ). Subscribef mast also Itluintaal such Depoudt:my Subscnptmn(s) during the Renewal Tcnn so that Submibcr may be eligible fur the pricing set
forth heroin, Ili the event .Subscriber termirlafes anv of the Dependency Subscriplion(g) durng life Renewal I crin, any promotions and voluted discounts for the Dependency
$uh-ripl rirn(s) Owl iinmadlmcly twmmutu
"I'llOCIEVU at the end of the current Minimum term or current Rcncwnl Perm
Non•Governatent Subscribel';n Only: upon c'onciusion of the Renewal Unit designated above. die Subscnher Agreement find this Order ronu will auluaWliwily renew fur
eonsecuuVn 12-month periods. and the Monthly Wcstluwl'RO Chprggs I'nr the Renewal ,reritl(s) will increase 7% pet year utllt%5 either party gives written notice of ainceltalion
to ills other party at lead 30 dajs lit a0vuncc tit city Renewal Term Additionally. WeSt may at its discrCtion provide Stibscriticr with notice at least 6U cftivs ill advance of uny
Renewal Term ol'a Monthly WeAllalaPRO Charbtj mcre-wo dilleranl from 7% Ater which Subscnbcr shall Iwvc 30 days to provide West widt vmtwti MG" of virrKellimen If
Suhscnbur does not wish to renew Excluded Charges may tn: modified as lief forth in the Subscriber Agreement. Subscriber is fespudsible !hr all Excluded Charges as Incurred
During any Renewal Term. Subscribers aewess to and unto of Wesiluw shall be govem d Iry the Subscriber Agrccmcnl
iioxcrnmenl \uhserihrys Only; Ursm conclusion ol'trc Renewal Term dcsignaied above, Monthly Westlawl'RO Charges fire billed lhureaRer at then eurrouf rates Excluded
Charges and Monthly WcstlawPRO Cradles (allot the Renewal ferin) in0y be i tudilied as set Huth in the tiubscribcr AgNcnicni Subscriku is respunsible Corr all Excluded
Churges w incurred During file Renewal 1 orm laid Ihcrcotkr Suhscrihcr's access to and use of Wcsllaw slxal l W etrvetned by ilk' Subscriber Agreement
1 esllaw Passwords and QuiekVicw+
d,nxtNanle FinlName ,VLl, Alty I.,ih Pura Other 1'rrnlhCls
.Subscriber shall authorize which Wcsllaw password(s) shrill have access to QuickVnew+ Actual churges hillcd by WCsI may vary Ifoin chants ielxrrted on QuiekVicw
Sub.iCrlb:r skull pny churges as bill d Wesl d4cR nil warrant alto has rip liability with reagent fo tilt accut cy ul charges or other mlinnnalinn art QuiekVicw+
Authorized Westlaw, Password Holder fur Wcsllaw QuiehView+
Lost Name Vim Nauke E autil
911/11
%AMInet
.lpn.da
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P5
Additinual Nftii--WcvtPack Wc.�114wPRO, (:I) -ROM and Wert Lr alCdccirter l'rnducts
Per 10tal Monthly
NnnAVv%1I'n L We.tIawPKU/ CU- N of Pwds Mo. Bonded/ biter/t one. WcetlawPRO/CD/
boll Svc H ROVI/W'L.FC Produce Cone CD U.Nert Unsc Bale Bier Rate 01her WI,P C Chiarges
Nato;
Total Monthly rhargen S
Munthly Wesdawl'RO c harges CD -Rom ('hurgcs and WCsi 1-cgnlLAciiier Cllarews. are billed un die duke West pmccsscs Subscriber s order a11d Continue ter a Itimimum of
12 caniplele rdandnr months (-Minimum'rerin-) Upon conclusion of the Minimum Torm, CU ROM CI10ty;vS hru billed theradlcr at dicn-currcnl mtcs if Subscribvr elects it
longer Minimum Tcrm the Monthly WcsRawPRU Charges and/or Wuyt LegulUdcentur Chargcs will Ix billed as sal Birth herein Auv additional tins added to any existing Per
User WesdimPRU amhor CD-ROM product licensed by Subscriber from Wcsl shall be tied to the Minimum farm ol'the underlying Order Font for stich pruducl(s).
_Sulwcrlher'.r IrtllralK roe 24 Month WcatlawPRO and/or Wol LegidEdcenter Minfmunt'I'erw Sulyscrilnr ugrut-, to commit to a Minimum Term or 24 ntoMh.r and
the Monthly Westfawl'RO Charges and/or West LePnlGdcenter Charles lot the second 12 months nul to imnise by more than "/o over the Monthly Westlnwl'RO
Charges anti/or West LcgallAccriter C'hurgm Ihr the mural 12 mtnllls
%trrrvcrihcr'n Initials for 36 Month NVmlluwl'RO nod/or Wcst LuViIhaleenler Minimum Term Subscribwr agr=s Ise conuriil kt 4 Motttnutn Iann of 36 months and
the Monthly WvAlawl'RU Charges andlur West I egalFdentcr Charges lb ilia second 12 munde; not to macaw by more Ihan % over like Monthly Wesilawl'RO
Charges and/or West L, gpll (kenlci Charges Cot ilia acual 12 months and die Monthly Wc-cllawPltO Charges andha West LegalEdcenter Charges for the third 12 months 1101 to
increase by more than ... %uvt:r the Manlhly Westlawl'lt(t L-barpes and/or Wes( L agalLtiCeluer Churges Ina the second 12 months
\on-(:overnuten( Subscribers Only: Upon conclusion of the Wcstlawl'RO Minimum Tend. includine West Lceall-,du:mer product(s) That arc pnn era WedinwPRt 1 Select.
the Subscriber Aercvanent and this Order I-orm will atilotflalically renew fur consecutive 12-month periods ("Rowwai rcit `). and die Monthly WesllnwPRO Charges for the
Rencw;d 'Ierm(s) will mcreme 7 in per year unless either party gives wrillett Q011CC of k111CCllatloh to the Witter party at least -14) dtivs in advance el any Renewal 'term. utcludmg
die rrl'st Renow,l rerrh Additionally. West may to its discretion provide Suhacribut with rehab at lain fin days in advance al' any Renewal tam of zi MuMldy WmlawPRO
Charge increase different I7om 70n adteT which SuNcfiber shall have 30 days In provide West with written nolii'c of "mcellaliun it Subscrihur does nol wish In renew RxrhtJtyl
C'Imrgcs may be modified as wi troth In the Subscriber Agreement (as defined herein) Subscriber is responsible liar all Excluded Charges as incurred. Uunng any Renewal
berm, Subscrtbet's 11cue-is to wxi use or Wcslluw ship he governed by tbw Subws rilwr Agreement. Upon conclusion of pro West L egalL&Cluer Minimum Tenn, as applimble
Solely to West LCgal Ldeehlar l5nMtuc101 d>;d ;tat oot part of n WcVlawPRO Select. West Legall'dcahter Charge;: arc bdlcd thercutler at up to th i"urrcnt rant
Government Snh+Srlhem Onlyn, Upon cuticlusion ul the WetaluwPRO muUor West I.AgalEdccnter Minimum Tenn, Monthly WestlawPRO Charges altd/ur West
I.Cea11,dcen[ci Chatrgr are billed thereutler at up in then -current plies FSOludell Clanr(;CS and Monthly WCsdaWPlct) I.hnrgcs taller (lie Minimum 1 erm) may he mndit ied as set
forth in the Suhsci bher Agreeimmi (0 dVl`rlu d hurcm) Subscriber is responsible Im all rxcluded Churgcs his incurred. Aticr die Mininwm 1 arm, tiubwnber s rears to and use
of Westlaw shalt be eavcmcd by the Subscriber Agreement.
Subscriber's tnitlnas NubscriNt Ills aRofnevs (purthers. shamhnlders, acvocinics_ coolrwl OF stall attorneys. (ir counsel and the like). curperlle usury ur
students and Personnel I d'ordering a Paralegal Plan) lie the iocyilion idutitifiW above or fTE's (il'ordaring Cauapus Rtiseurc•h) for Wc*tlnwpRO. CD-ROM case Inw anchor Wesl
LCg;tlCdi cnlCl orders 11 Weal learns that the actual nunher exceeds the number certil icd above. West reserves the righl to increase Subscriber s charges us upphcable
(l7-ROM/DVD and/or West I egal V,lcenter annual billing (pkasc check if reyueated)
Weer I,egniVil :enter Ohiinc heaturts and lcrvimm
Subscriber's Initials -.yuh crihLr acknowledges thin each user will receive an imliall e-mail communication from West LegaIL'•dcenter which Includes
important nll'nrrnatloll about using the service I including uwmumc and password). Rs well as ongoing communication regarding new onlhle piogr ttis available
an their practice aienl+t and iliac .a1 annuuncunx Ms Subscnbcr's user; may opt out after the initial a mwl commumention
PrnQmnls excluded Itun1 the Online CLE Pass shall he billed at then-currcnl rates via crcdil Card billing
Additional Non-We%IP:aek Print Products
Total (-hargra S
SAMlnut
400.dor
9/t;,'d 96ti60Z2998T:01 96TM-2998 Jdf;WO�1d Zt,:tti 2TO2-t,2-83d
156
pg �
Tcrms or Pnvntent for I'rhn 1'r0datt8 We51's 511lndard Ictins of paymn ilt Ibr print prtulucts purchased are net 34 dnys West muy elect to accept installment payments on
the purchase price Installment payment icrtns arc $ per month plus tax Ibr approximalely ithtatbs ulitiil the purchuw prier. plus any additional
amounts unticrtbis Order Form- is paid in full
Sub4cription Soviet, Passwords and West km. Suhscripuun servne may consist ell' updates andloT suppleviems lu the, sctvlce. Including but nut limited la- (a) CD-ROM
Libraric5 updated rcplacemcm or supplcacutat CD-ROfvls and online updates. and odder related suppleitionlal material. (h) Prim Products pocket parts, pnmphlcls_ rcp1mcnienl
Or ancillary volumes. loans-d;arpages and ollwi related supplcnwnlal materials. all of which aray be billed-wpurwoly at that ciiln:nt nuts Subscriber h,-.rcby rcquesta ihnt Wcst
pnrvidu subscliplian sr:rvlcs tiff the hctcan-ilesitilxal pnnlucls al llwniurrent raics until stab suhscnphon Survlccs arc tslncullecl by Wt51 or caucclhd upon wtillert Cuuuust by
5ulrecrlbor allot the Mimntum l era Ibr WCSLPack print or CD-ROM products Any pa55word5 lssncd herein may only be used by (Ile period to whom the password is isisuLd
and shilling at' ryc5word5 is .1;1Rl('II.r 111tol1113111`() suturiber5 bcel5ine only LiveNute/Caae NuleboDUrimelind/Puhislier Software will not be issued wes(law
passwords Am. West km sothvarc licensed hereunder must reside on a dedicated server provided and maintained by tiuhscriher Id I.'-iibHcribLa's expcnsc. and such server must
be accessible to all Subscriber's au(horiud users Subscriber's Wesdaw Doc & hunit Wilder Data will he web hosted by Wcst Ilpon icm,intitioo or any %Vatlaw Use & 1'unn
Builder subscription. rulated Westlaw Doc & Forn, Builder Dow nl'Sabscril,er il,pt is stored nil West servers will bo dusltoyed wlthitl 180 days of such terminuumt
Gener'itl I"ruviscirmrH I lily Oldvi 1-01111 Is sublecl to uppluval by WesL a Thoinsun Reuters business ( -West") in SI Paul, MinnCitim and is gnverned by Minnesota law. Tile
slate and federal enusts sating ill Mmnesul'r will Inv.: cs01luive ruri:dirtiun over any claim arising from or related to this agreement. Applicable sales, us0. personal pruptmy.
vahly added tax (VA I ) a cquivalcal. ad valorem uod other taxes are payable by Subscriber Subscriber muy he chprged interest felt overdue installments and sultscrilAiutli and
]or oll,croixui account charges lfnny, inRglpllmcnls. suhScriptioas. sllbsc11plion Services. Wcslla%v Charges or upon account dtargus remain unpaid 30 days atler becoming due.
all unnialltred InslallmcliW. including all ainounis that are or would Become due and payable for the remaining term of subscribers S11bscribL't Agreement- shall hecrnnC
imn,edialel) flue and payable ai the wle opuon of West Inturest churous may be udlustal to the then -highest current rate allowable on Minnariota contract;: 'I his Uhler Form is
non-Irunsfumhic All collection Ices includinL bill not limited to allotuerys foes. arc payable by Subscriber. I rateipurluuon and bundling (FOB origin) ohorgea will be added fur
print products West may r qugm a cltnenl firruliial stutemenl antUvr ubtain witsuttler credit report on the undersigned individual to deavmninc crodilworlhiness West will only
requeyi cuns1.1111er credil information on the undersigned if the undersigned is applying for credit as an individuml or if the undersigned's cunsdlner credit information is necessary
for Weal Io cnnsldtsr prnnung eradit to the al'oremantioncd company II'Subneriber inquires whether a credil. rerxal WAn requi0ad. Wcat will provide mtbnnution of such. il'a
report was received and the nutria. addrems and telephone number ill the agency that supplic d the report
Returns. If Subscriber is not compietcly satisfied with any non-WistIlack print or non-WestPack CD-ROM product received ftorn Wan. the pruners( may be returned within 45
days or tile Invoice dale Ibr a lull tefund or credit. in accordance with Wesfs then -current returns policies wesilaw Chafgcs and West Logan( center Chargers arc net
refbndabW
OnlinvWWROM Prndncts In he Lapsed
hull tits q Online/CD-ROM Products H of Pnssworih
he Subscribe• agreement for Wcstluw and CD-ROM 1.Ihrarleu, ale applicable Sekthile A price phm, (tier Westlawl'HO products andlm' CD-ROM
l3brarles products), andlor the West LegalEdeenler Subscriber Alircemenl (fur Wrst LcgulEdcenter procincts) mud/or file Thomson Innovation
Schedule and Third Purdy Terms Schedule (fur "Fhunison Innuvution► individually or jointly, as appticahle, ("Subscriber Apreerncnt") islalre hereby
ineurpursled by reference an(1 matte part of this Order Irorm, In the event there Is a cuulfiel Irdween the terms and conditions of the Subscriber
Agrcculcot and 111W Ienua and conditions of Ibis Order Fenn, the terms and cunditlnns of this Order Form shall control. Subscriber by his/her
slt;uslurt' bt'luw, sC nuwlcdFes his/hc indcrst ,di rid �eptm, of the [eras moil erpndl7ivnn of the Suhncribcr •rrerapnt
Sign c t Date
AUTHORI/.f D RIrPRESEN I XI IV K FOR ORDER 11— -
Printerl Name N Vi'd 5 • ih �%81A ACCEPTED AND APPROVED FOR
WHATCOM COUNTY:
`triple bVAR�i G oz�tWu'h.+
Date It It so W)') A — A. 1i r
JAEK LOUWS§ COUNTY EXECUTIVE '
For Credit Card ( Imnsactimts only: Visa — 14aste- card Am Ex
Cprxl >! Exitir. Date Total Antt, to Charge
vllll 1 SAMinc( 4W..dar
9/S'd 96T60L2998T;01 96T60L2998 9df:WMLl 2t7:tT ZTOZ 157
P5 6
WestlawPRO - Deal Builder - Patron Access Select — WestlawNext - Modules Addendum
Customer Account Address:
Account# 1003199172
WHATCOM COUNTY LAW LIBRARY
PATRON ACCESS COURTHOUSE
311 GRAND AVE STE 93
BELLINGHAM
WA
0225
US
360-676-6556
Core Product: Primary Law with KeyClte& All — Washington (WestlawNextT")
Modules Selected
Corpus Jurls SecundumV (WesdawNextn")
All American Jufisprudenoedl Library (WeatlawNext'")
All Piiwn wy Law (We*IlawNbxlt")
Sudnoss Law Pract1dwor Cora — Washington (WezitlawNextI")
Form Finder Advantage (W6sdawNeXtTM)
Legal Research Library (WestlawNext" )
Real Property Practitioner Core -- Washington (WestlawNext'")
RegulauonsPlus (WestlawNext"" PRO)
Related Documents (W66tl6wNext—)
Washington Practice Series (WestlawNext")
Wright & Millees Federal Practice and Procedure (Westlaw exl
Subscrl s Initl I Modules elected by Subscriber: aV
Date: 0
Primed. 2l1ai2012 10.56 PM
9/9-d 96T60Z2998T:01 96T60Z2998 9df:WONJ Et,:bT 2TO2-b2-88d
158
WESTo
A Thomson Reuters business
Government Accounts Only
Addendum to West Order Form for WestlawPRO Orders
Subscriber:
Account #:
Date of Order Form:
1. Effect of Addendum. The underlying Subscriber Agreement for Westlaw and CD-ROM Libraries, West
Order Form and Schedule A Plan 2 WestlawPRO (collectively the "Subscriber Agreement"), between
Subscriber and West is amended as specifically set forth herein to incorporate the terms of this Addendum. As
amended, the Subscriber Agreement shall remain in full force and effect according to its terms and conditions.
All terms used in this Addendum shall have the meanings attributed to them in the Subscriber Agreement. This
Addendum supersedes any and all prior understandings and agreements, oral or written, relating to the subject
matter. In the event there is a conflict between the terms and conditions of the Subscriber Agreement and the
terms and conditions of this Addendum, the terms and conditions of this Addendum shall control.
2. Modification of Order Form -Non Availability of Funds. If Subscriber fails to receive sufficient
appropriation of funds or authorization for the expenditure of sufficient funds to continue service under the
Order Form, or if Subscriber receives a lawful order issued in or for any fiscal year during the Minimum Term
or Renewal Term of the Order Form that reduces the funds appropriated or authorized in such amounts as to
preclude making the payments set out therein, Subscriber may submit a written notice to West seeking
cancellation of the service, the Subscriber Agreement and the Order Form, if permitted under applicable law.
Subscriber shall provide West with notice not less than thirty (30) days prior to the date of cancellation, and
shall include a written statement documenting the reason for cancellation, including the relevant statutory
authority for cancelling, and an official document certifying the non -availability of funds (e.g., executive order,
an officially printed budget or other official government communication). Upon West's receipt of a valid
cancellation notice, Subscriber shall pay all charges incurred for any products and/or. services received prior to
the effective date of the cancellation (and in the case of print/CD-ROM products, return all unpaid print/CD-
ROM products and updates).
West, a Thomson Reuters business
Accepted by:
Title:
Date:
511111
SAMInet
APPROVED AND ACCEPTED FOR WHATCOM COUNTS
Subscriber
Signed.
Name (please print): JACK LOUWS
Title: COUNTY EXECUTIVE
Date:
814.dot
159
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 — ss B
CLEARANCES
Initial
Date
fice
Date Received in Council Of
Agenda Date
Assigned to:
Originator:
Weimer
5/15/2012
5/22/2012
NR Committee/Co
Division Head:
Dept. Head. -
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT.•
Discussion of inter -trust exchange & land reconveyance in Lk. Whatcom Watershed
ATTACHMENTS:
Draft letter to Peter Goldmark, Commission of Public Lands
SEPA review required? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you mustprovide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
COMMITTEE ACTION.
COUNCIL ACTION.
Related County Contract #.
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at: www.co.whatcom.wa.us/council.
160
May 22, 2012
Peter Goldmark
Commissioner of Public Lands
Chairman, Board of Natural Resources
Department of Natural Resources
I I I I Washington St. SE
MS 47001
Olympia, WA 98504-7001
Dear Commissioner Goldmark:
On behalf the Whatcom County Council I am writing
October 21, 2011, to formally request approval by ;eJ
inter -trust exchange and reconveyance to Whatc , 0
in the Lake Whatcom Watershed as reconfigure- F j
that the Habitat Conservation Plan coverage on the�f�
should have received a letter from the Mt. Baker Schoc
has reached an agreement with Whatcom Land Trust uw
fairly compensated for lost timber revepue M that the
reconveyance. M,
We request that the
complete the inter-t
this matter.
Sincerely,
Chair,
om County
nse to of
of Naturaletter
of the
proximateTWe
vy acres
c A exhang affirm
tnd may continue. You
stating that the District
h the District will be
ow supports the
take a at its earliest convenience to
nce. Thank you for your cooperation in
161
sTATg 0�
o
� N
., oy
October 21, 2011
Sam Crawford
Chair, Whatcom County Council
311 Grand Avenue, Suite 105
Bellingham, WA 98225
Dear Whatcom County Council:
Peter Goldmark
Washington State
Commissioner of Public Lands
As you are aware, on October 10, 2011, the Board of Natural Resources (Board) held its monthly
meeting, during which the proposed inter -trust exchange within the Lake Whatcom watershed
was discussed in detail. While the discussion was productive, the Board felt that further clarity is
needed from the County before it can act on the inter -trust exchange.
Specifically, the Board passed a motion to postpone action on the inter -trust exchange until a
formal request for reconveyance has been received from the Whatcom County Council. The
request must be signed by a majority of the Council, and should include an affirmation of DNR's
Habitat Conservation Plan (HCP) coverage for the reconveyed land, as well as an explanation of
what impacts are anticipated for junior taxing districts in the area, and how those impacts will be
mitigated by the County.
Providing the Board with this information will ensure that it can make a more informed decision
regarding whether or not to approve the proposed inter -trust exchange. Please send us the
requested information at your earliest possible convenience. The sooner we receive your letter,
the sooner the Board will be able to take action. Thank you for your assistance in these matters.
Sincerely,
Peter Goldmark
Commissioner of Public Lands
Chairman, Board of Natural Resources
C: Board of Natural Resources
Pete Kremen, Whatcom County Executive
Department of Natural Resources
1111 Washington ST SE
`V1S 47001
Olympia, Washington 98504-7001
(360) 902-1000
> .0
162
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-173
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
518112
Intro
Originator:
U u
U E C� E� V E D
5122112
Finance
Division Head:
Committee,
MAY 01 2012
WHATCOM COUNTY
Council
Dept. Head:
Prosecutor.
L� �3� -�Z
COUNCIL
Purchasin /Bud et:
2
Executive:
TITLE OF DOC
T. 2012 Supplemental Budget Request #8
ATTACHMENTS: Ordinance, Memoranda & Budget Modi cation Requests
SEPA review required? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes (X ) NO
Should Clerk schedule a hearing? ( ) Yes ( X ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you
must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the
intent of the action.)
Supplemental #8 requests funding from the General Fund. -
To appropriate $78,500 in Planning and Development Services to fund Puget Sound Watershed Protection project
from grant proceeds.
2. To appropriate $6,175 in Sheriff to fund radar equipment from grant proceeds.
3. To appropriate $140, 743 in Sheriff to fund Sheriffs portion of Federal fiscalyear 2011 Operation Stonegarden
program from Emergency Management transfer.
Emergency Management Fund.
4. To appropriate $757,963 to fund Federal fiscal year 2011 Operation Stonegarden program from grant proceeds.
Conservation Futures Fund:
5. To appropriate $82,235 to fund balance of allowable Parks maintenance transfer.
Public Utilities Fund.
6. To appropriate $499,350 to fund City of Everson, Mission Road improvements.
7. To appropriate $217,500 to fund local match for Foothills Broadband project.
COMMITTEE ACTION:
COUNCIL ACTION.•
5/08/2012: Introduced
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number.
163
SPONSORED BY: Finance
PROPOSED BY: Executive
INTRODUCTION DATE: 5/8/12
ORDINANCE NO.
AMENDMENT NO. 8 OF THE 2012 BUDGET
WHEREAS, the 2011-2012 budget was adopted November 23, 2010; and,
WHEREAS, changing circumstances require modifications to the approved 2011-2012
budget; and,
WHEREAS, the modifications to the budget have been assembled here for deliberation by
the Whatcom County Council.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2011-
2012 Whatcom County Budget Ordinance #2010-058 is hereby amended by adjusting the
following amounts to the 2012 budget included therein:
Expenditures
Revenues
Net Effect
General Fund
Planning & Development Services
78,500
78,500
-
Sheriff
146,918
(146,918)
-
Total General Fund
225,418
(225,418)
-
Emergency Management Fund
757,963
(757,963)
-
Conservation Futures Fund
82,335
-
82,335
Public Utilities Fund
716,850
-
716,850
Total Supplemental
1,782,566
(983,381)1
799,185
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Pro cutor
, 2012.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Chair of the Council
( ) Approved ( ) Denied
Jack Louws, County Executive
Date:
I:\BUDGET\SUPPLS\2012_Suppl\Supplementa1 #8-2012.doc 64
WHATCOM COUNTY
Summary of the 2012 Supplemental Bud
et Ordinance No. 8
Department/Fund
Description
Increased
Expenditure
Decrease
(Increased)
Revenue
Net Effect to
Fund Balance
(Increase)
Decrease
General Fund
Planning & Development Services
To fund Puget Sound Watershed Protection project
from grant proceeds.
78,500
(78,500)
Sheriff
To fund radar equipment from grant proceeds.
6,175
(6,175)
Sheriff
To fund Sheriffs portion of Federal fiscal year 2011
Operation Stonegarden program from Emergency
Management transfer.
140,743
(140,743)
Total General Fund
225,418
(221418)
Emergency Management Fund
To fund Federal fiscal year 2011 Operation
Stonegarden program from grant proceeds
757,963
(757,963)
Conservation Futures Fund
To fund balance of allowable Parks maintenance
transfer
82,335
82,335
Public Utilities Fund
Executive
To fund City of Everson Mission Road improvements
499,350
499,350
Executive
To fund local match for Foothills Broadband project
217,500
217,500
Total Public Utilities Fund
7,16,850
716,850
Total Supplemental
1 1,782,566
(983,381)
799,185
165
WHATCOM COUNTY
Planning & Development Services
5280 Northwest Drive
Bellingham, WA 98226
<GOM co
P �y
r
3 � <
0
4'SNl NG�C
MEMORANDUM
TO: The Honorable Jack Louws, County Executive
THROUGH: J.E. "Sam" Ryan, Director 3ek—
FROM: Samya Lutz, Planner �'�:" —
J.E. "Sam" Ryan
Director
RECEIVED
APR 2 3 2012
JACK LOUWS
COUNTY EXECUTIVE
RE: Supplemental Budget related to Department of Commerce,
Watershed Protection and Restoration Land Use Grant
DATE: April 20, 2012
Enclosed is a supplemental budget request related to Whatcom County contract
201203014 between the WA State Department of Commerce and Whatcom
County.
Background and Purpose
The contract was approved by County Council on March 27, 2012, and executed
on April 10, 2012. This supplemental budget request will allow the
implementation of the contract according to the scope of work.
Funding Amount and Source
The full contract is for $358,472. This request is for $78,500 which is
anticipated to be the amount of funding needed for 2012. Anticipated
2013/2014 funding would be $279,972. The source of the funding is a US
Environmental Protection Agency grant jointly managed by the WA State
Departments of Commerce and Ecology for the purpose of protecting and
restoring freshwater ecosystems in Puget Sound.
Please contact Samya Lutz at extension 51072, if you have any questions or
concerns regarding the terms of this agreement.
Encl.
166
Supplemental Budget Request
Planning & Development Services Planning
Supp'1 to # 1398 Fund 1 Cost Center 2543 Originator. Becky Boxx
Expenditure Type: One -Time Year 2 2012 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Puget Sound Watershed Protection Grant
X 0q�) °y a® - / A_
Department Head Sign ure (Required on Hard Copy Submission) Date
Costs:
Object Object Description Amount Requested
4333.6612 Puget Sound Watershed Grant $78,500
6630 Professional Services ($78,500)
Request Total $0
la. Description of request:
The proposed budget amendment is to provide for the transfer of funds in order to implement the ag &
watershed protection project as described under grant contract number 201203014.
1 b. Primary customers:
The community at large benefits from this program due to the furthering of policies aimed at protecting
both agriculture and riparian habitat areas.
2. Problem to be solved.
The primary focus of this project is to implement a voluntary pilot project that offers environmental and
agricultural enhancement. This project aims to advance the ability to achieve shared priorities for both
agricultural and watershed planning, something that has proved difficult in certain areas of the county.
3a. Options / Advantages:
The Agricultural Strategic Plan (RES 2011-023) outlines a number of priorities to be pursued over the next
4-5 years; this grant allows us to pursue a project that addresses a number of priorities simultaneously.
3b. Cost savings:
Grant funds will cover consultant costs to implement priorities in the Ag Strategic Plan.
4a. Outcomes:
Grant funds will be used to reimburse appropriate expenses, according to the contract.
4b. Measures:
Specific deliverables are articulated in the grant contract that will be the basis for project success.
5a. Other Departments/Agencies:
Planning is the lead on this project, with support from Public Works.
5b. Name the person in charge of implementation and what they are responsible for:
There are three local agency partners that have committed to in -kind support over the course of the
project: Whatcom Farm Friends, WA Dept of Fish & Wildlife, and the Whatcom Conservation District.
6. Funding Source:
The funding source is the Whatcom State Department of Commerce, Local Government and
Infrastructure Division, Growth Management Services Unit, and the National Estuary Program (NEP) -
Puget Sound Watershed Protection Restoration Grant: Agreement Number 12-63401-008.
Friday, April20, 2012 Rpt: Rpt Suppl Regular
167
WHATCOM COUNTY
SHERIFFS OFFICE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
(360) 676-6650
Memorandum
TO: Jack Louws
FROM: Sheriff Bill
DATE: April 23, 2C
JEFF PARKS
UNDERSHERIFF
ART EDGE
CHIEF DEPUTY
DOUG CHADWICK
CHIEF DEPUTY
S= COOLEY
CHIEF INSPECTOR
WENDY JOKES
Rc' I
APR 23 21Z
JACK LOVAIS
COUNTY FXEC ; IVE
SUBJECT: Supplemental Budget ID# 1396
WTSC School Zone Safety Funds — DSR Moving Radars
The attached Supplemental Budget requests budget authority to purchase two (2) Stalker
DSR moving radars on State Contract #01611 for Whatcom County Sheriff's Office
using Washington Traffic Safety Commission (WTSC) School Zone Safety Account
funds.
Background and Purpose
School Zone Safety Account funds are awarded by WTSC to fund projects in local
communities to improve school zone safety. The WTSC has awarded Whatcom County
Sheriffs Office $6,175 to purchase two moving radars for traffic unit motorcycles.
Funding Amount and Source
$6,175.00 from Washington Traffic Safety Commission School Zone Safety Account.
Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions.
Thank you.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence I(Ablic Safety.
Supplemental Budget Request
Sheriff Administration
supp'r ID # 1396 Fund 1 Cost Center 2932 Originator. Dawn Pierce
Expenditure Type: One -Time Year 2 2012 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Requ"t. WTSC School Zone Safety Funds - DSR Moving Radars
X
Head Signature (Required on Hard Copy Submission)
Costs: I Object
4334.0350
6510
Request Total
1a. Description of request:
Object Description
Traffic Safety
Tools & Equip
Date
Amount Requested
($6,175)
$6,175
$0
Purchase two (2) Stalker DSR moving radars on State Contract #01611 for Whatcom County Sheriffs
Office Traffic Unit motorcycles using Washington Traffic Safety Commission (WTSC) School Zone Safety
Account funds.
1b. Primary customers:
Citizens of Whatcom County
2. Problem to be solved:
Expenditure authority is required to purchase two (2) moving radars on State Contract #01611.
3a. Options /Advantages:
School Zone Safety Account funds are awarded by WTSC to fund projects in local communities to
improve school zone safety, projects that would otherwise have to be funded with local monies or
eliminated.
3b. Cost savings:
Cost savings of $6,175.
4a. Outcomes:
With this equipment, the Sheriffs Office will be better able to enforce existing speed limits.
4b. Measures:
Continue work to improve pedestrian safety in school zones by enforcing speed restrictions and
decreasing the number of traffic violations.
5a. Other Departments/Agencies:
N/A
5b. Name the person in charge of implementation and what they are responsible for:
N/A
6. Funding Source:
Washington Traffic Safety Commission School Zone Safety Account funds.
Friday, April 20, 2012 Rpt: Rpt Suppl Regular
169
WHATCOM COUNTY
SHERIFFS OFFICE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
P60) 676-6650
Memorandum
TO: Jack Louws, County
FROM: Sheriff Bill
DATE: April 23, 2012
SUBJECT: Supplemental Budget ID# 1397
Operation Stonegarden FFY2011 CY2012
JEFF PARKS
UNDERSHERIFF
ART EDGE
CHIEF DEPUTY
DOUG CHADWICK
CHIEF DEPUTY
STEVE COOLEY
CHIEF INSPECTOR
WENDY JOKES
HIEF OF CORRECTIONS
RECEIVED
APR 22U,
JACK LOUWS
COUNTY:~{`y;;,t�
The attached Supplemental Budget requests budget authority for Department of Homeland
Security Operation Stonegarden Program FFY2011 for calendar year 2012.
Background and Purpose
The Department of Homeland Security (DHS) awarded Operation Stonegarden Program
(OPSG) FFY2011 funds of $757,963 to Whatcom County to enhance law enforcement's
preparedness and operational readiness along the international borders of the United States.
Of this amount, the Sheriff's Office allocation is $140,743: Overtime Wages & Benefits
($34,800), Mileage ($4,500), and phase -one replacement of Mobile Data Terminals
($101,443).
The Sheriff's Office requests budget authority for this operation in calendar year 2012.
Funding Amount and Source
$140,743 will be provided by Department of Homeland Security Operation Stonegarden
Program FFY2011, Federal Grant Agreement #E12-248.
Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions.
Thank you.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence l7Pdblic Safety.
Supplemental Budget Request
Sheriff Administration
supp'r to # 1397 I Fund 1 Cost Center ' Originator: Dawn Pierce
Expenditure Type: One -Time Year 2 2012 Add'I FTE ❑ Add'I Space ❑ Priority 1
Costs:
Object
Object Description
Amount Requested
6110
Regular Salaries & Wages
$115
6140
Overtime
$30,000
6210
Retirement
$1,580
6230
Social Security
$2,305
6259
Worker's Comp-Interfund
$650
6269
Unemployment-Interfund
$150
6510
Tools & Equip
$101,443
6790
Travel -Other
$4,500
8301
Operating Transfer In
($140,743)
Request Total
$0
1a. Description of request:
The Department of Homeland Security (DHS) awarded Operation Stonegarden Program (OPSG)
FFY2011 funds of $757,963 to Whatcom County to enhance law enforcement's preparedness and
operational readiness along the international borders of the United States. Of this amount, the Sheriffs
Office allocation is $140,743: Overtime Wages & Benefits ($34,800), Mileage ($4,500), and Equipment
(Mobile Data Terminals $101,443).
1b. Primary customers:
Citizens of Whatcom County are the primary customers for this service through increased capability of
local law enforcement to secure the international border.
2. Problem to be solved:
Expenditure authority is required to begin work on project deliverables as contracted in this federal grant.
3a. Options / Advantages:
OPSG funds are awarded specifically for projects that will enhance law enforcement's preparedness and
operational readiness, projects that would otherwise have to be funded with local monies or eliminated.
3b. Cost savings:
Cost savings to Whatcom County Sheriff s Office is $140,743.00
4a. Outcomes:
Enhanced patrols will be completed and equipment purchased per contract specifications and timelines.
4b. Measures:
Whatcom County Sheriffs Office will purchase equipment and will schedule patrols per contract
specifications and timelines and will monitor outcomes using daily activity logs.
5a. Other Departments/Agencies:
Whatcom County Sheriffs Office Division of Emergency Management (DEM) administers this federal
grant.
Friday, April 20, 2012 Rpt: Rpt Suppl Regular
171
Supplemental Budget Request
Sheriff Administration
Supp7 [D # 9397 Fund 1 Cost Center Originator., Dawn Pierce
5b. Name the person in charge of implementation and what they are responsible for.
Undersheriff Jeff Parks will coordinate the project for the Sheriffs Office.
6. Funding Source:
Department of Homeland Security (DHS) Operation Stonegarden Program (OPSG) FFY2011.
Federal Grant Agreement #E12-248. CFDA No. 97.067
Friday, April 20, 2012
Rpt: Rpt Supp! Regular
172
WHATCOM COUNTY
SHERIFF'S OFFICE
SHERIFF BILL ELFO
DIRECTOR
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
DIVISION OF
EMERGENCY MANAGEMENT
DEPUTY DIRECTOR
DEYggh
F JIE MAILINGADDRESS
3888n Way 311 Grand Avenue
Bellia WABellingham, WA
98226 98225-4078
(360) 676-6681
MEMOF-oiCEIVED
To: Jack Louws, County Executive
APR 2 3 20112
From: Sheriff Bill Elfo, Director of Emergency Managemen JACK LOUWS
Subject: Supplemental Budget Request ID # 1399 COUNTY EXECUTIVE
Dept of Homeland Security, Operation Stonegarden Program (OPSG)
FFY2011 OPSG Contract # E12-248
Date: April 23, 2012
The attached Supplemental Budget Request seeks authority to expend $757,963 to be
reimbursed from the Dept of Homeland Security Operation Stonegarden Program grant.
• Background and Purpose
Whatcom County Sheriff's Office Division of Emergency Management has been awarded
$757,963 from the Dept of Homeland Security (DHS) Operation Stonegarden Program (OPSG)
for Federal Fiscal Year 2011. This grant flows from DHS through the Washington State Military
Department — Emergency Management Division to Whatcom County. This is the fourth year
that WCSO-DEM has received an Operation Stonegarden award.
DHS provides OPSG funds to enhance law enforcement preparedness and operational
readiness along international borders of the United States. In coordination with US Customs
and Border Protection/Border Patrol (CBP/BP), local law enforcement agencies will provide an
enhanced presence in the border area. Each agency will perform duties normal to its mission
while providing additional law enforcement "eyes and ears" in support of the Homeland Security
mission. Participating agencies will not enforce immigration laws on behalf of CBP/BP.
Grant funding through OPSG will be used for operational overtime and related mileage to field
enhanced patrols in the border area and for the purchase of equipment preapproved during the
application process. The participating agencies are the Blaine, Everson, Ferndale, Lynden, and
Sumas Police Departments, as well as the Whatcom County Sheriff's Office.
The performance period for this grant runs from September 1, 2011 through June 30, 2014.
• Funding Amount and Source
$757,963 from the Dept of Homeland Security FFY2011 Operation Stonegarden Program,
Contract # E12-248, Funding Source Agreement 2011-SS-00030-S01, CFDA 97.067 SHSP.
Please contact Undersheriff Jeff Parks or Frances Burkhart if you have questions regarding this
contract.
173
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety.
Supplemental Budget Request Status: Pending
Sheriff Emergency Management
Supp'l ID # 1399 1 Fund 167 Cost Center 16759 Originator. Frances Burkhart
Expenditure Type: One -Time Year 2 2012 Add'i FTE ❑ Add'i Space ❑ Priority 1
Name of Request: Operation Stonegarden FFY2011
x ��3 /�
Depa nt Head Signature (Required on Hard Copy Submission) Date
Costs:
Object
Object Description
Amount Requested
4333.8705
St Homeland Sec Grt Prg
($757,963)
7220
Intergov Subsidies
$617,220
8351
Operating Transfer Out
$140,743
Request Total
$0
1a. Description of request.
The US Department of Homeland Security FFY2011 Operation Stonegarden Program (OPSG) awarded
$757,963 to Whatcom County to enhance the cooperation and coordination among local, Tribal, State,
and Federal law enforcement agencies in a joint mission to secure the international borders of the United
States. In coordination with US Customs and Border Protection/Border Patrol (CBP/BP), local law
enforcement agencies will purchase approved equipment and field enhanced patrols to increase visible
presence and response capability along the border and around critical infrastructure, helping to deny entry
avenues, egress routes, and transportation hubs to criminal organizations seeking to smuggle narcotics,
humans, and terrorists and/or their instruments and weapons, and to reduce criminal activity in the border
area.
1b. Primary customers:
Citizens of Whatcom County, through the increased capability of local law enforcement to secure the
international border.
2. Problem to be solved:
Historically, Whatcom County has been a favored operational area for alien, drug, and weapons
smugglers due to its temperate climate and close proximity to Vancouver, BC, Canada, seaports,
international airports, and 1-5. The only known clandestine smuggling tunnel along the US/Canadian
border was discovered in Whatcom County. British Columbia is home to over fifty known organizations or
individuals associated with terrorism. Partnerships between federal, state, and local agencies have
always been a critical element of CBP/BP operations in Whatcom County. Operation Stonegarden
projects will strengthen these partnerships and improve border security through increased cooperation,
enhanced patrols, and additional support equipment.
3a. Options /Advantages:
OPSG funds are awarded specifically for projects that will enhance law enforcement's preparedness and
operational readiness, projects that would otherwise have to be funded with local monies or eliminated.
3b. Cost savings:
Whatcom County Sheriffs Office: $140,743. Other Whatcom County law enforcement agencies:
$617,220.
4a. Outcomes:
Enhanced patrols will be completed and equipment purchased per contract specifications and timelines.
4b. Measures:
Both Whatcom County and CBP/BP will monitor program projects and expenditures against contract
Monday, April 23, 2012 Rpt• Rpt Suppl Regular
174
Supplemental Budget Request status: Pending
Sheriff Emergency Management
Supp91D # 1399 Fund 167 Cost Center 16759 Originator: Frances Burkhart
deliverable.
5a. Other Departments/Agencies:
The Cities of Blaine, Everson, Ferndale, Lynden, and Sumas will increase patrols and/or purchase
equipment, helping to reduce criminal activity in their jurisdictions. Although receiving no OPSG funding,
CBP/BP will see enhanced coordination and cooperation with local law enforcement agencies in a joint
effort to secure the international border of Whatcom County.
5b. Name the person in charge of implementation and what they are responsible for.
Undersheriff Jeff Parks will coordinate projects for the Sheriff's Office. Each Police Chief will coordinate
projects for his specific jurisdiction. Charles Stephens, CBP/BP, will coordinate projects/patrols between
CBP/BP and participating local law enforcement agencies.
6. Funding Source:
Federal Grant: US Dept of Homeland Security FFY2011 Operation Stonegarden Grant Program, Contract
# E12-248, CFDA# 97.067 HSGP.
Monday, April 23, 2012 Rpt: Rpt Suppl Regular
175
WHATCOM COUNTY �GpM
EXECUTIVE'S OFFICE 3�P Gy<
County Courthouse
311 Grand Avenue, Suite #108
Bellingham, WA 98225-4082 9Sy�N�,fO
MEMO:
TO: Whatcom County Council
DATE: April 27, 2012
FROM: Jack Louws, County Executiv
RE: Conservation Futures 2012 Balance Transfer
Jack Louws
County Executive
Background and Purpose:
On January 7, 1992, Whatcom County passed Ordinance #92-002. This Ordinance
imposed a real property tax levy to be applied against all taxable real property within
Whatcom County. The tax levy established a special revenue fund known as the
Conservation Futures Fund as provided for in RCW 84.34.230.
Ordinance #92-002 states "The amounts placed in the Conservation Futures Fund shall
be used solely to acquire rights and interests in open space land,......... as such are
defined in Chapter 84.34 RCW, so as to protect, preserve maintain, improve, restore,
limit the future use of, or otherwise conserve the property for public use or enjoyment. "
In 2005, the State Legislature clarified, in RCW 84.34.240, the allowable uses of the
Conservation Futures Fund described as follows: "Amounts placed in this fund may be
used .....for the maintenance and operation of any property acquired with these funds.
The amount of revenue used for maintenance and operations of parks and recreational
land may not exceed fifteen percent of the total amount collected from the tax levied
under RCW 84.34.230 in the preceding calendar year." This clarified the limited amount
-�o� th nd that could be used for eligible park maintenance.
In 2008, Coun it adopted Budget Ordinance #2008-053 which included ASR #2009-
4497 allowing t� 15% transfer of $136,780 out of the Conservation Futures Fund to
Parks as allowable to fund maintenance of properties purchased with Conservation
Futures funds in the 2009-2010 biennium. This ASR coincided with the Parks &
Recreation ASR #2009-4281 which covered a series of reductions made to meet
budgetary targets.
In 2010, as part of the biennial budget process, Council adopted the following directive,
"Charge all eligible costs to grants and other funding sources prior to spending
Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) AN555
undedicated General Fund resources." (Page 138, Section 4, Vol.1 2011-2012 County
budget). In direct response to that directive Whatcom County again budgeted an
amount equal to 15% of the 2010 Conservation Futures Fund levy to be utilized for
maintenance of eligible parks. The 2010 levy had been reduced from $958,218 down to
$429,829 as part of a levy shift to the General Fund. As a result, the Parks department
maintenance and operations funding had been reduced from $136,780 authorized in the
2010 budget down to $64,474 in the 2011 — 2012 budget. Council's reinstatement of
the 2011 levy to its previous fully funded position makes an allowable transfer amount of
$146,709 available to fund maintenance and operations of the Conservation Futures
Fund Park's properties.
Funding Amount and Source:
This $82,235 supplemental request is the difference between the $146,709 amount
allowed by RCW 84.34.240 and -the amount currently budgeted during the biennial
budget process. This additional transfer From the Conservation Futures Fund will offset
labor and other costs related to maintenance and oversight of park properties
purchased with Conservation Futures Funds as allowed and described in RCW
84.34.230 and adopted in Ordinance 92-002 in January, 1992.
Utilizing this allowable restricted revenue source will reserve General Fund dollars for
other County priorities, as per Council directive in 2010. 1 recommend approval of the
this transfer, and would like to engage Council in discussion concerning the 2010
directive as we develop the next budget biennium.
177
RCW 84.34.240
Acquisition of open space, etc., land or rights to future development by certain entities — Conservation futures fund
—Additional requirements, authority.
Conservation futures are a useful tool for counties to preserve lands of public interest for future generations. Counties
are encouraged to use some conservation futures as one tool for salmon preservation purposes.
(1) Any board of county commissioners may establish by resolution a special fund which may be termed a
conservation futures fund to which it may credit all taxes levied pursuant to RCW 84.34.230. Amounts placed in this
fund may be used for the purpose of acquiring rights and interests in real property pursuant to the terms of RCW
84.34.210 and 84.34.220, and for the maintenance and operation of anv propertv acauired with these funds. The
Revenues from this tax may. not be used to supplant existing maintenance and operation funding. Any rights or
interests in real property acquired under this section must be located within the assessing county. Further, the county
must determine if the rights or interests in real property acquired with these funds would reduce the capacity of land
suitable for development necessary to accommodate the allocated housing and employment growth, as adopted in
the countywide planning policies. When actions are taken that reduce capacity to accommodate planned growth, the
jurisdiction shall adopt reasonable measures to increase the capacity lost by such actions.
(2) In counties greater than one hundred thousand in population, the board of county commissioners or county
legislative authority shall develop a process to help ensure distribution of the tax levied under RCW 84.34.230, over
time, throughout the county.
(3)(a) Between July 24, 2005, and July 1, 2008, the county legislative authority of a county with a population
density of fewer than four persons per square mile may enact an ordinance offering a ballot proposal to the people of
the county to determine whether or not the county legislative authority may make a one-time emergency reallocation
of unspent conservation futures funds to pay for other county government purposes, where such conservation futures
funds were originally levied under RCW 84.34.230 but never spent to acquire rights and interests in real property.
(b) Upon adoption by the county legislative authority of a ballot proposal ordinance under (a) of this subsection the
county auditor shall: (i) Confer with the county legislative authority and review any proposal to the people as to form
and style; (ii) give the ballot proposal a number, which thereafter shall be the identifying number for the proposal; (iii)
transmit a copy of the proposal to the prosecuting attorney; and (iv) submit the proposal to the people at the next
general or special election that is not less than ninety days after the adoption of the ordinance by the county
legislative authority.
(c) The county prosecuting attorney shall within fifteen working days of receipt of the proposal compose a concise
statement, posed as a positive question, not to exceed twenty-five words, which shall express and give a true and
impartial statement of the proposal. Such concise statement shall be the ballot title.
(d) If the measure is affirmed by a majority voting on the issue it shall become effective ten days after the results
of the election are certified.
(4) Nothing in this section shall be construed as limiting in any manner methods and funds otherwise available to a
county for financing the acquisition of such rights and interests in real property.
[2005 c 449 § 2; 1971 ex.s. c 243 § 5.]
178
WHAT
COM COUNTY CoUNCr' AGENDA BILL
low
CLEARANCES initial Date Date Received In Council Office:
originator- Executive Office l
Division Head -
Department Head -
Prosecutor Review-
Purchasing/Budget Dir,
Executive -
SUBJECT:
Conservation Futures Property Tax Levy Ordinance
ATTACHMENTS. -
Proposed Ordinance
NO. 91-470
Agenda Date Assigned To:
12 17 91 Council Intro
1/7/91 Council -hearing
Public Hearing Needed? Yes/ff—IN61-1
SUMMARY STATEMENT.
The proprosed Conservation Futures Property Tax Levy of six and one -quarter cents per thousand dollars
of assessed valuation would be imposed county -wide for purchase of open space land, farm and
agricultural land and timber land so as to protect, preserve, maintain, improve, restore, limit the future
use of, or otherwise conserve the property for public use or enjoyment. The tax would generate
approximately $350,000 in 1993. The Natural Heritage Task Force, Parks and Recreation Board and
Executive Office all support this levy.
ORIGINATOR'S RECOMMENDED ACTION,
Pass as recommended.
COMMITTEE ACTION (including dates).
COUNCIL ACTION (including dates):
1/7/92: Passed 4-3.
Related File Numbers: Ordinance or Resolution Number.• 092-002
179
ConsFut.Tax RrMOI„ ICED BY: Consent
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PROPOSED BY: Executive
DATE: December 9. 1991
ORDINANCE NO. 92-002
IMPOSITION OF CONSERVATION FUTURES
PROPERTY TAX LEVY AND
CREATION OF FUND
WHEREAS, the Whatcom County Council considers adequate provision of open
space and the conservation of farm and timber land to be essential to the quality of life
in Whatcom County; and
WHEREAS, open space, farm and agricultural lands, and timber lands are
becoming depleted as urban growth pressures increase; and
WHEREAS, the property tax levy authorized by RCW 84.34.230 provides a
reliable and predictable funding source to assist in acquiring interests in open space,
wetlands, farm and agricultural land, and timber land in both the unincorporated and
incorporated portions of Whatcom County;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
pursuant to RCW 84.34.230, there is hereby imposed a real property tax levy to be
applied against all taxable real property within Whatcom County. The levy shall be
applied at a rate of six and one -quarter cents per thousand dollars of assessed valuation.
A special revenue fund shall be established , as provided for in RCW 84.34.240, which
shall be known as the Conservation Futures Fund and to which shall be credited all taxes
levied pursuant to this ordinance. The Executive Office shall act as manager of the
Fund.
The amounts placed in the Conservation Futures Fund shall be used solely to acquire
rights and 'interests in open space land, farm and 4gricultural land, and timber land, as
such are defined in Chapter 84.34 RCW, so as to protect, preserve, maintain, improve,
restore, limit the future use of, or otherwise conserve the property for public use or
enjoyment. No revenue generated by this tax shall be used for the acquisition of any
real property or interest in real property through the use of eminent domain.
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ConsFut.Tax - page 2 -
The Conservation Futures Tax Levy established herein shall begin for the 1992 levy to be
collected for the 1993 tax year.
ADOPTED this
ATTEST:
7th day of January, 1992:
amacotvz'�
Ramona Reeves, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASMNGTON
(a'(4
Daniel M. Warner, Chairman
10
(vjApproved () Denied
Shirley Van Zante4 Execu e
Date: //��
181
WHATCOM COUNTY �GpM Cp
EXECUTIVE'S OFFICE 3�P
County Courthouse
311 Grand Avenue, Suite #108
Bellingham, WA 98225-4082 9S~N�'CO
MEMORANDUM
To: Whatcom County Council Members ,�,.s
From: Suzanne Mildner, Grants Coordinator h
Subject: Supplemental Budget Request for EDI Program funding
Date: April 24, 2012
Jack Loms
County Executive
At the Council's regular meeting on April 10th, the County Council adopted the EDI
Board's recommendations to provide funding through the EDI Program for the following
two projects:
1) PUD#1's Foothills Broadband; and
2) City of Everson's Mission Road Improvements project.
Both of these projects will provide for business expansion, capital improvements and
new jobs to our community. Attached are the two Supplemental Budget Requests that
will accommodate this funding.
An Interlocal Grant Agreement with the Whatcom County PUD#1, as well as an
Interlocal Loan and Grant Agreement with the City of Everson, will be presented to the
County Council for approval in May, contingent upon the approval of these
supplemental funding requests. The funding source for both agreements is the Public
Utilities Improvement Fund.
If you have any questions on this matter, please feel free to contact me.
/Attachments
Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 7182555
Supplemental Budget Request Status: Pending
Executive
Supp'l ID # 1401 Fund 332 Cost Center 332,222 Originator. Suzanne Mildner
Expenditure Type: One -Time Year 2 2012 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request. City of Everson Mission Road Improvements
X�I_ v___�
Departme Head-ature (Required on Hard Copy Submission) Date
Costs: ; Object Object Description Amount Requested
2910.1000 Fund Balance ($499,350)
7220 Intergov Subsidies $499,350
Request Total $0
1a. Description of request.
Supplemental budget request for an EDI Program loan and grant to the City of Everson in support of their
public works project, known as the Mission Road Improvements and Utility Extensions.
1b. Primary customers:
City of Everson and Whatcom County
2. Problem to be solved.
The EDI Board's recommendation to fund this project was approved by the County Council on April 10,
2012. The funding request is for a combination of loan and grant monies which will fund, in part, water
and utility infrastructure capital improvements for the Mission Road Improvements, Phase 3 project, which
will extend utility services to the City's southern light industrial area. The loan and grant amounts are
evenly split: $249,675 each.
3a. Options /Advantages:
This EDI program funding will provide a portion of the funding for this project. Other funding sources are
City of Everson, Port of Bellingham and a State TIB grant.
3b. Cost savings:
N/A
4a. Outcomes:
This extension of Mission Road and utilities has been a City of Everson goal for many years as part of
their effort to better serve the area, encouraging growth in the industrial area and retaining existing jobs.
This project is expected to be completed by Fall 2012.
.4b. Measures:
Completion of utility improvements.
5a. Other Departments/Agencies:
N/A
5b. Name the person in charge of implementation and what they are responsible for:
6. Funding Source:
Public Utilities Improvement Fund
Tuesday, April 24, 2012 Rpt: Rpt Suppl Regular
183
Supplemental Budget Request Status: Pending
Executive
Supp'l 1D # 14o2 fund 332 Cost Center 332223 Originator. Suzanne Mildner
Expenditure Type: One -Time Year 2 2012 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request. PUD#1 Foothills Broadband
X : ��
Department ad Signa (Required on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
2910.1000 Fund Balance ($217,500)
7220 Intergov Subsidies $217,500
Request Total s0
1a. Description of request:
Supplemental budget request for an EDI Program grant to Whatcom County PUD #1 in support of the
"Foothills Broadband" project-, a project to build a wireless communications system to serve areas in east
Whatcom County.
1b. Primary customers:
Eastern Whatcom County_ Maple Falls, Glacier, North Columbia Valley, Silver Lake and South Fork Valley
areas. ,
2. Problem to be solved:
The EDI Board's recommendation to fund this project was approved by the County Council on April 10,
2012. The fund request is for a grant to provide the local match for a federal BTOP (Broadband
Technology Opportunities Program) grant for the planning, design and construction of a wireless
communication system that will be owned by the Whatcom County PUD#1. The PUD will operate and
maintain the system.
3a. Options / Advantages:
NoaNet, a not for profit agency in Washington, will provide 70% of the project cost through the federal
BTOP grant. This EDI grant will provide the required local match for the grant.
3b. Cost savings:
N/A
4a. Outcomes:
Construction of this wireless system will provide a system that can then be leased by private sector ISP's
and cellular service providers to provide retail high speed broadband services and celluular services at
market rates to residents, businesses, and government agencies. Expected completion by Summer 2013.
4b. Measures:
Success will be measured by the existence of a workable and affordable high speed internet system,
covering approximately 90% of the populated area between Maple Falls, Glacier and the South Fork area.
5a. Other Departments/Agencies:
NoaNet, a non-profit public agency, will lead in the construction of this project under the terms of a sub-
contract with the PUD #1.
5b. Name the person in charge of implementation and what they are responsible for:
Steve Jilk is the General Manager of the PUD #1, overseeing the project implementation by NoaNet.
6. Funding Source:
Public Utilities Improvement Fund
Tuesday, April 24, 2012 Rpt: Rpt Suppl Regular
184
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2012-178
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
M.A.
51812012
512212012
Planning &Development
Matt Aamot
Q
F E C E V D
Committee
Division Head:
5/22/2012
Council
Roxanne Michael
`
2
MAY 14 2012
WHATCOM COUNTY
+
COUNCIL
CO U NC I L
Dept. Head:
Sam Ryan
/����
7
Prosecutor:
Ro ce Buckingham
Royce
_vim.,
✓r ,
10, t2
Purchasing/Budget
Executive:
Jack Loznvs
TITLE OFDOC NT.
Interlocal Agreement between the City of Ferndale and Whatcom County
ATTACHMENTS:
1. Cover letter
2. Proposed Interlocal Agreement for Planning, Annexation and Development within the Ferndale UGA
SEPA review required? ( ) Yes (x ) NO
Should Clerk schedule a hearing? ( ) Yes (X) NO
SEPA review completed? ( ) Yes (x ) NO
Requested Date
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is all 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.)
Request authorization for the County Executive to enter into an interlocal agreement between the City of
Ferndale and Whatcom County concerning planning, annexation and development within the Ferndale urban
growth area.
COMMITTEE ACTION.
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
AB 2011-340D
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.
185
WHATCOM COUNTY
Planning & Development Services
5280 Northwest Drive,
Bellingham, WA 98226-9097
360-676-6907, TN 800-833-6384
360-738-2525 Fax
May 8, 2012
GpM
rr `1a I.E. "Sam" Ryan
a Director
`��•MN6�r RECEIVED
MAY 10 2012
JACK L®UWS
COUNTY EXECUTIVE
To: Jack Louws, The Honorable Whatcom County Executive
The Honorable Whatcom County Council
From: Matt Aamot, Senior Planner q"
Through: Roxanne Michael, Long Range Planning Division ManagerQJ\'�
Sam Ryan, Planning & Development Services Director
RE: Interlocal Agreement with the City of Ferndale
The Whatcom County Comprehensive Plan indicates that the County should have
interlocal agreements with the Cities relating to growth planning and annexation in
urban growth areas. The County and the Cities have worked together to develop
new interlocal agreements and the County Council held a public hearing on the
draft interlocal agreements on March 27, 2012. After this public hearing, the City
of Ferndale requested modifications to the interlocal agreement. Many of
Ferndale's proposed changes are the same as or similar to language in the
approved interlocal agreement with Bellingham.
The Whatcom County Planning and Development Services Department has
reviewed Ferndale's proposed changes and has no objections to the modifications.
We are requesting that the County Council Planning & Development Committee and
full Council consider these changes on May 22, 2012. The interlocal would become
effective when signed by the County Executive and Mayor of Ferndale.
We would like to express appreciation for the positive and collaborative approach
that Ferndale and all of the Cities have taken throughout the interlocal agreement
discussions over the last year.
Thank you for your assistance in this matter.
Office (360) 676-6907 FAX (360) 738-2525
i•
INTERLOCAL AGREEMENT 0 / a 0 0 0k
BETWEEN
THE CITY OF FERNDALE AND WHATCOM COUNTY
CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT
WITHIN THE FERNDALE UGA
This agreement is made by and between the City of Ferndale (herein after referred to as the
City) and Whatcom County (herein after referred to as the County), political subdivisions of
the State of Washington, pursuant to the Interlocal Cooperation Act, RCW 39.34.
WHEREAS, cooperative relationships between the City and County benefit both
organizations as well as residents and stakeholders of incorporated and unincorporated
neighborhoods; and
WHEREAS, the Growth Management Act (GMA) adopted goals to guide the process
of developing comprehensive plans and directed counties to adopt urban growth areas; and
WHEREAS, the Whatcom County County -wide Planning Policies direct each
jurisdiction to acknowledge these policies and implement them through Interlocal
Agreements; and
WHEREAS, review of development within the City's urban growth area (UGA)
should anticipate future annexation into the City; and
WHEREAS, the Whatcom County Comprehensive Plan has identified a UGA that
includes land within unincorporated Whatcom County which the City may annex in the
future; and
WHEREAS, annexations proposed by the City are pursued in accordance with RCW
35A.14 and intended to be consistent with RCW 36.93.180; and
WHEREAS, the City and County recognize that there is a need to facilitate the proper
transition of services and capital projects from the County to the City at the time of
annexation; and
WHEREAS, the City and County recognize that mutual coordination of land use
densities and designations is necessary to reduce urban sprawl, support urban infrastructure
and protect rural areas and resource lands within the County; and
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
187
WHEREAS, consistent regulations and cooperative development review facilitate
creation of a vibrant, attractive and economically healthy urban area with distinct
neighborhoods; and
WHEREAS, Whatcom County Comprehensive Plan Goal 2R requires the
establishment of interlocal agreements between the County and cities in order to accomplish
a variety of growth -related goals; and
WHEREAS, the City and the County recognize the City's responsibility to annex
lands needed for urban residential, commercial and industrial use; and
WHEREAS, the City and County recognize that as the City tax base grows, the
County will share in that growth through revenue sharing mechanisms; and
WHEREAS, the City and County recognize that annexation of developed land will
reduce County tax revenues used to support County services; and
WHEREAS, the City and County have established a formula to mitigate the impact
on the County of revenue losses and to equitably compensate the County for certain capital
facility expenditures in annexed areas; and
WHEREAS, the City and County recognize that annexations can have extra -
jurisdictional impacts and that intergovernmental cooperation is an effective manner to
address those impacts; and
WHEREAS, it is in the best interest of the citizens of both jurisdictions to coordinate
plans and manage growth in the UGA prior to annexation; and
WHEREAS, the City and County desire to develop a general interlocal agreement
that will apply to all annexations;
NOW, THEREFORE, in consideration of the terms and conditions contained herein,
the City and County agree as follows:
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
2
Section 1. Applicability and Amendments to this Agreement
A. The City and the County agree that the contents of this interlocal agreement shall
apply to growth management planning, development within the City's UGA and
annexations.
B. This interlocal agreement will be amended for individual annexations under the
following circumstances:
i. When the City is required by this agreement to reimburse the County for road or
stormwater capital improvements pursuant to section 6 of this agreement.; As part
of the annexation review process, the County shall notibL, the City when a proposed
annexation area includes a capital project that is eligible for reimbursement, and the
amount of the reimbursement per the formula set out in Section 6C of this
agreement. Reimbursement shall only be required for road or stormwater capital
projects that are done in coordination with the City and built to either Cite design
and development standards or an alternative standard agreed to by the County Road
Engineer and the City Engineer.
ii. When agreements relating to maintenance or ownership of stormwater or drainage
facilities, parks, open space or recreational facilities are needed pursuant to sections
7 or 8 of this agreement; or
iii. When the City and County mutually agree to the amendment to address issues of
concern.
C. Whenever possible, annexation -related amendments should be executed by the City
and County prior to expiration of the County's 45-day annexation review period established
pursuant to RCW 36.93.100. However, if the City and County can not come to agreement
concerning any annexation -related issues, the County may request a Boundary Review Board
hearing, and the City and County may continue to negotiate annexation amendment
language.
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
t,
S•
D. Annexation -related amendments to this interlocal agreement should include the
following:
i. The annexation's name and boundary review board number;
ii. A map and legal description of the annexation area;
iii. The annexation method, resolution number and date of City acceptance of a petition
or determination to pursue elections for the annexation area;
iv. Compensation or reimbursement formulas for major capital improvements;
V. Capital facilities and parks, open space, and recreational facility maintenance and
ownership agreements;
vi. Transfer of development rights (TDR) and/or purchase of development rights (PDR)
agreement if a TDR and/or PDR procedure has been adopted under section 11.13 of
this interlocal agreement;
vii. Agreements regarding impact mitigation, including but not limited to traffic
mitigation;
viii. Agreements regarding balance between residential and commercial/industrial land;
ix. Identification of the existing and intended service providers for the area (water, sewer,
fire/EMS), including any interlocal agreements or contracts between the City and
Special Purpose Districts; and
X. Signatures by the City's Mayor and County Executive and effective date of the
annexation -related amendment.
E. The City and County recognize that other amendments to this interlocal agreement
may be necessary to clarify the requirements of particular sections or update the agreement.
These amendments may be pursued as necessary by both parties.
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
n
190
Section 2. Growth Management Planning
A. Inter jurisdictional Coordination. The County and the City will coordinate the
comprehensive plan and UGA reviews required by RCW 36.70A.130(1) and (3) through the
following:
i. Approving, by resolution of the respective legislative bodies, a schedule for joint
County and City review of the UGA.
ii. City and County planners will coordinate and review issues associated with growth
management planning.
iii. Convening a group of elected officials from the County and cities to discuss and
review issues associated with growth management planning.
B. Periodic Review. During the periodic review of comprehensive plans undertaken
pursuant to RCW 36.70A.130 (1), the County and City will coordinate and share proposals
for comprehensive plan amendments relating to the UGA and/or adjacent areas.
C. Urban Growth Area. Whatcom County will review the UGA in accordance with the
schedule in RCW 36.70A.130 to ensure that the UGA can accommodate the urban growth
projected to occur in the 20-year planning period established by the Whatcom County
Comprehensive Plan. The County will coordinate with the City through the UGA review
process. The City will submit recommendations to the County in accordance with the
schedule for joint County and City review of the UGA. In conjunction with the UGA
review, the City and County agree to jointly review the densities permitted, achieved and
assumed within the City and UGA, and the extent to which the urban growth has occurred
within the City and unincorporated portions of the UGA.
D. Land Capacity.
i. The City and County agree to review and jointly approve, in conjunction with the
other cities, the Whatcom County Land Capacity Analysis Detailed Methodology.
ii. The City and County agree to review land capacity and needs for the UGA in
conjunction with the next UGA review.
iii. In general, for property within the City limits, the comprehensive plan designations,
planned densities adopted in the City's GMA-compliant comprehensive plan, city
zoning classifications and/or achieved densities will be utilized in the land capacity
InterIocal Agreement
City of Ferndale & Whatcom County (May 2012)
5
191
analysis unless mutually agreed by the parties or the County identifies clear and
compelling rationale for deviating from these designations and densities.
iv. For property within the UGA but outside the City limits, assumed densities will be
determined through a collaborative process between the County and City, consistent
with the Whatcom County Land Capacity Analysis Detailed Methodology, as now
exists or hereafter may be amended.
E. Population and Employment. The County and City will work together to develop
proposed population and employment projections and allocations that are within the range of
the Washington State Office of Financial Management projections. The proposed
projections and allocations should be developed in conjunction with the other cities. The
proposed projections and allocations will be forwarded to the respective legislative bodies for
consideration.
F. City Comprehensive Plan. The City will adopt comprehensive plan designations for
annexation areas consistent with the GMA. The City may also establish an annexation
blueprint, phasing plan or comprehensive plan policies to appropriately manage phasing of
growth in the UGA.
G. Accommodation of Growth. The City and County agree, through a collaborative
process, to accommodate and plan for population and employment growth allocated to the
UGA in the Whatcom County Comprehensive Plan.
H. Residential Zoning Districts. The City and County recognize that urban densities must
be achieved in order to meet the goals of the GMA. The City will conduct a formal process,
including City Planning Commission and City Council review, to consider adopting
minimum urban densities in residential zoning districts by June 30, 2016. The City will
retain the final authority to determine whether or not to adopt such minimum densities.
I. Capital Facility and Urban Service Planning. At a minimum, the City will utilize
Whatcom County Comprehensive Plan population and employment projections, for the
planning horizon year in the County Plan, when developing or updating capital facility
and/or urban service plans. The City, at its discretion, may plan for growth above that
contained in the Whatcom County Comprehensive Plan, provided that such growth is
contained within the designated UGA, UGA Reserve or future study areas. City capital
facility and/or urban service plans may also project and plan for growth beyond the 20-year
planning period established in the Whatcom County Comprehensive Plan, but such
additional growth projections do not obligate Whatcom County to modify its projections or
Comprehensive Plan.
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
6
192
J. Water and Sewer. The City will develop and maintain capital facility plans, in
compliance with the requirements of the GMA, to provide urban levels of water and sewer
service within the UGA. The City agrees to consider the Coordinated Water System Plan
when the Ferndale Water System Plan is updated and the County agrees to consider the
Ferndale Water System Plan when the Coordinated Water System Plan is updated.
K. Stormwater Plans. The City will review, and if necessary, adopt a new or updated
stormwater plan for the UGA.
L. Transportation Plan. The City will review and, if necessary, adopt a new or updated
transportation plan or element for the UGA.
M. Critical Areas. The City will maintain development regulations to protect critical
areas consistent with the GMA.
N. County -Wide Planning Policies. When the County -wide Planning Policies are
updated, the City and County agree to work together to develop a set of policies that are
acceptable to, and adopted by, both jurisdictions.
Section 3. Annexations
A. Role of Boundary Review Board. When
the UGA., the v
BoardAevlew
aA-411 be
retained
_ _
er-iter-ia outlined in this inter-lecal agreement, or- other -wise allowed by state law.
The Boundary Review Board was established prior to adoption of the Growth Management
Act, prior to the establishment of UGA boundaries, and prior to the adoption of a
City/County interlocal agreement that addresses issues associated with the potential impacts
of annexations and includes a process for resolving disputes. As a result, the City and County
agree to jointly review with the other jurisdictions and service providers the potential for
modifying the role of BRB in the annexation process.
B. Annexation Planning. Annexations may only take place for land within the UGA
designated in the Whatcom County Comprehensive Plan. Annexations shall be based on
policies adopted in the City's Comprehensive Plan, be consistent with adopted County -wide
Planning Policies and Whatcom County Comprehensive Plan Goal 2P, and Policies 2N-5,
2N-6, 2P-1, 2P-2, 2P-3 and 2P-4. Annexations shall include logical boundaries and be timed
in a way which allows for transition of services between the City and County (and Special
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
7
193
Purpose District, if applicable). Considerations in defining logical physical boundaries shall
include one or more of the following:
i) Size and shape of the area to be annexed;
ii) Preservation of neighborhoods and communities;
iii) Use of physical boundaries, including but not limited to, bodies of water,
roads, and land contours;
iv) Creation and preservation of logical service areas;
v) Prevention of abnormally irregular boundaries;
vi) Dissolution of inactive Special Purpose Districts;
vii) Adjustment of impractical boundaries;
viii) Annexation of unincorporated areas which are urban in character;
ix) Consistency with the City's Annexation Blueprint, if adopted;
x) The City's ability to provide the full range of urban services.
In order to facilitate communication and review of annexations, the City will notify the
County Director of Planning and Development Services and County Director of Public
Works, or their designees, prior to the City Council's acceptance of a Notice of Intent to
Commence Annexation. The City will also notify the County Director of Planning and
Development Services and County Director of Public Works, or their designees, within 10
days of approving or denying a resolution or ordinance to accept the petition for annexation.
The County Public Works Department will notify the City if compensation for road
construction or stormwater facilities will be sought under section 6 of this Interlocal
Agreement.
C. Balanced Annexations. The City agrees to employ its annexation authority in a
manner that strives to maintain a balance of commercial, industrial and residential properties
inside the City and within successive annexation plans and proposals.
D. City Zoning_ The City agrees to identify appropriate city zoning at the time it accepts
the initial annexation proposal submitted by residents and/or owners of the proposed
annexation area. The City will adopt the zoning to be applied to the area at the same time the
annexation ordinance is adopted. Zoning changes adopted within annexation areas shall be
considered in evaluating the balance of residential, commercial and industrial properties.
E. Appropriate Urban Densities. For residential zoning districts in annexation areas,
the City agrees to adopt appropriate urban densities consistent with the State GMA, City
Comprehensive Plan, and the overall density goals of the County Comprehensive Plan.
F. Administration of Special Assessments. When annexations occur which encompass
less than the entirety of a local improvement district (LID), utility local improvement district
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
8
194
(ULID), local utility district (LUD), road improvement district (RID) or local road
improvement district (LRID), the assessments for those parcels within the annexation area
will continue to be administered by the County Treasurer. If an annexation includes the
entirety of an LID, ULID, LUD, RID or LRID future administration will be mutually agreed
upon by the City and County.
G. Developer Reimbursement Agreements. The City will assume administrative duties
for any developer reimbursement agreement, including but not limited to latecomer
agreements, for the portion of the affected area that the City annexes. For developer
reimbursement agreements involving property located partially or wholly within the City's
UGA, the County will include a provision in the agreement stating that upon annexation, the
administrative functions under the agreement for the annexed area will transfer to the City
with no additional action needed by the parties, and further stating that said transfer of
administrative responsibilities will include the authority to collect any associated
administrative fees as established in the agreement. Upon execution of any developer
reimbursement agreement where the affected area is located wholly or partially within the
City's UGA, the County will provide to the City a copy of the agreement.
H. Records Transfer. The County agrees to make ever-ll effort to transfer all relevant records
for properties in an annexation area within 60 days of receiving -written notice from the Cite
of an. approved annexation.
I. Annexation Blueprint. The City intends to adopt an Annexation Blueprint, or annexation
phasing plan, to guide future annexations. The City agrees to transmit a copy of the draft
Annexation blueprint or phasing plan to the County for comment prior to City adoption of
the plan.
Section 4. Processing Applications Prior to Annexation
A. Zoning. Whatcom County zoning will apply within the City's unincorporated UGA
until annexation.
B. Rezones within the UGA. The County will not approve rezone requests for property
within the UGA without consideration of City input, which should include an evaluation of
consistency with the City Comprehensive Plan. The County agrees to notify the City of any
rezone applications received within the UGA within 14 days of receiving a complete
application or issuing a determination of completeness. The County agrees to meet with City
staff to share information and discuss issues regarding any proposed rezone. The County
agrees to provide notice of the time, date and location of the public hearing at least ten days
prior to the public hearing.
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
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195
C. Administrative Approval and Conditional Uses. The County agrees to notify the City
of administrative approval use and conditional use permit applications for land within the
City's UGA. Such notice will be provided concurrent with the notice of application.
D. Subdivisions and PUDs. The County agrees to notify the City of all subdivision,
binding site plan and PUD applications inside the UGA. Such notice will be provided
concurrent with the notice of application. The County agrees to invite the City to participate
and respond in Technical Review Committee meetings regarding such projects. If adopted
by the County, City subdivision standards shall be applied when appropriate. The City
agrees to review subdivision plans for consistency with City design standards and
development regulations and to participate in the TRC review process.
E. Commercial/Industrial Building Permits. The County should notify the City within
fifteen days of receipt of an application for a building permit for a commercial or industrial
structure within the UGA that does not require an administrative approval use or conditional
use permit. In addition, the County will invite the City to participate in pre -application and
technical review meetings regarding commercial and industrial building permit applications.
F. Development Standards. The County will conduct a formal process, including
County Council review, to consider adopting City development standards for development
within the City Urban Growth Area by December 30, 2013. The City will make specific
recommendations relating to which development standards to apply within the Urban Growth
Area. The County will retain the final authority to determine whether or not to adopt City
development standards.
If the County adopts City development standards, the City agrees to review development in
the UGA and make recommendations to the County relating to whether the development
complies with City development standards.
Section 5. Permit Processing After Annexation.
The City and County agree as follows:
A. Building Permits. As the agent of the City, the County shall continue to process
under County codes and building permit requirements to completion any building permits
and associated permits for which it received a fully complete permit application and
accompanying fee prior to the effective date of the annexation. Associated permits shall be
defined as clearing, grading, mechanical, plumbing, fire sprinkler, and occupancy permits
related to those projects being processed by the County. Completion shall mean final
administrative approvals.
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
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196
Except as provided below for permit extensions, in the case of building permits issued prior
to the date of an annexation, the applications and permits shall be processed through final
inspection and/or issuance of an occupancy permit by the County. The final inspection for
building permits should be a joint City/County inspection with the City in attendance for
information purposes only.
B. Administrative and Discretionary Permits. As the agent of the City, the County shall
continue to process to completion any administrative and discretionary development permit
proposals, including those for short plats, administrative approval use permits, shoreline
permits, long plats, binding site plans and conditional use permits, for which it received a
fully complete permit application and accompanying fee prior to the effective date of an
annexation. Completion shall mean final administrative or quasi-judicial approvals. Such
permit applications will be transferred to the City for processing if mutually agreed by the
City and County. In the case of action required by the legislative body, the City Council shall
take final action relating to property that has been annexed.
C. Permit Extensions. Any request for extension of a permit issued by the County which
is received after the annexation date shall be made to and administered by the City.
D. Enforcement of Conditions. To the extent authorized by law, the City agrees to
enforce any conditions imposed by the County unless waived or modified by the City. The
City should notify the County and provide the County with the opportunity to comment prior to
waiving or modifying any conditions imposed by the County. The County will make its
employees available to provide assistance in any enforcement action relating to conditions
originally prepared by County personnel.
E. Development Securities or Financial Guarantees. For permits that are transferred to
the City for processing after annexation, performance and maintenance securities, landscape
securities, critical area or shoreline mitigation sureties, and other associated securities
received by the County prior to annexation will be assigned to the City, if such securities
allow assignment. As of the effective date of this interlocal agreement, the County will
ensure that all such securities allow assignment to the City without further approval by any
party, if allowed by the security provider.
For permits that the County continues to process after annexation, the County will continue
to hold the associated securities.
In the event that the securities are not assigned to the City, the City and the property owner
will be notified that the County will continue to hold the securities until:
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
197
i. The jurisdiction processing the permit under section 5A or 5B above confirms that
the securities may be released; or
ii. The jurisdiction processing the permit under section 5A or 5B above determines that
the developer has not complied with the condition of approval, at which time the
County agrees to exercise the security and transfer the funds to the City to fulfill the
condition of approval; or
iii. The securities automatically expire.
F. Pen -nit Status Review. At the request of the City or County, the jurisdictions will
meet to discuss the status of permits in an annexation area remaining under review by the
County and determine whether or not responsibility for continued processing should be
transferred to the City. Any change in permit processing responsibility shall be provided by
written agreement, acceptable to both parties.
Section 6. Roads and Stormwater Facilities
A. Maintenance and Ownership Responsibilities. Unless the County agrees to retain a
specific road in County jurisdiction, the City will annex the entire right-of-way of County
roads adjacent to an annexation boundary and will assume full maintenance responsibility for
those roads upon the effective date of the annexation. It may also be desirable to include in
an annexation adjacent road sections to avoid dead-end segments or portions of roads that
meander in and out of jurisdictions. Such situations may be negotiated on a case by case
basis.
B. Unexpended Mitigation Payments. Funds for road related mitigation payments or
impact fees received by the County for projects within an annexation area which remain
unexpended as of the effective date of the annexation will be transferred to the City, if
allowed by law, within six months of the effective date of the annexation.
C. Compensation for Capital Construction Projects. The City agrees to reimburse the
County for the depreciated value of capital road and stormwater construction projects that are
either built to City standards or an alternative standard agreed to by the County Road
Engineer and the City Engineer and completed during the ten-year period prior to annexation
as shown on Exhibit A; which will be updated at the time of annexation if necessary.
The City agrees to reimburse the County for depreciated County costs incurred by the
County in implementing the projects listed in Exhibit A based on a 10 year, straight line
depreciation. The City may reserve the right to inspect roadways and infrastructure in order
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
12
to determine compliance with approved engineered civil construction plans, prior to
payment.
This reimbursement will be for the value of the County's share of funds spent for the
construction of major public facilities, excluding grant funding, including but not limited to
new roads and sidewalks or those roads which have undergone a major reconstruction. It
shall not include routine maintenance expenditures for such facilities.
Actual reimbursement amounts and timing of payments shall be negotiated between the City
and County Public Works Department prior to annexation. The agreement shall be included
as part of an amendment to this interlocal agreement. Exhibit A lists the County capital road
and stormwater construction projects that have been completed within 10 years prior to the
effective date of this agreement. Exhibit A will be updated as necessary to incorporate any
new projects. These projects are to be included within the reimbursement mentioned in this
section. Reimbursement shall not include routine maintenance expenditures. A project listed
on Exhibit A shall be automatically removed from the list at the end of the tenth budget year
following final acceptance of the project.
The County also agrees to consult with the City in planning for new capital road and
stormwater construction projects within the City's UGA. At the time of consulting with the
City, both parties will discuss the need for shared responsibilities in implementing a project,
including the potential for grant funding, bonding or loans. Any agreements related to shared
responsibilities for road projects within the City's UGA shall be added as amendments to
Exhibit A of this interlocal agreement.
Section 7. Water Resource Management
A. Stormwater Management. The City and the County, and where appropriate, special
purpose districts, will coordinate development of and funding for stormwater management
and drainage plans and standards. The City and the County will also work together to
develop and implement the Comprehensive Flood Hazard Management Plan.
B. Watershed Planning. The County and the City recognize that watershed management
planning is ongoing. The County and City may develop and adopt interlocal agreements for
joint watershed management planning, groundwater protection, capital construction and
other related services.
C. Maintenance and Ownership of Drainage Facilities. If an annexed area includes
stormwater or drainage improvements or facilities the County currently owns or maintains,
the City and County shall agree to the maintenance and ownership responsibilities prior to
annexation. The responsibilities resulting from such discussions shall be included as part of
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
13
199
an annexation -related amendment to this agreement, except for facilities located in right-of-
way annexed by the City that will be maintained by the City.
Section 8. Parks, Open Space and Recreational Facilities
A. Open Space and Parks. Open space and parks will be identified through advanced, joint
planning and review of development projects within the City UGA and should be based upon
the City's adopted park and/or trail plan and City standards. The City should consider
mapped floodplain areas when identifying open space within the urban growth area.
B. Maintenance and Ownership Responsibilities. If an annexed area includes park, open
space or recreational facilities the County currently owns listed in Exhibit B, the City and
County shall agree to the maintenance, operation and ownership responsibilities prior to
annexation. The responsibilities resulting from such discussions shall be included as part of
an annexation -related amendment to this agreement.
Section 9. Provision of Services
A. Police Services. Law enforcement services shall transfer from the Sheriffs Department
to the City Police Department upon annexation.
B. Special Purpose Districts. Prior to each annexation, the County and/or the City may
negotiate interlocal agreements with Special Purpose Districts providing services inside and
outside urban growth areas to address issues such as financial concerns and level of service.
C. Fire and Emergency Medical Services.
Upon annexation, the City shall assume responsibility for delivery of fire and emergency
medical services within the annexed area or contract with the appropriate fire district.
D. Urban Services. In general, cities are the units of local government most appropriate to
provide urban governmental services. It is not appropriate that urban governmental services
be extended to or expanded outside the UGA, 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 non -urban densities permitted by existing County
zoning and do not permit urban development.
E. Impact Fee Review. The City and County agree to discuss the potential for a
comprehensive, county -wide system of impact fee collection.
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
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200
F. School Impact Fees. The County should consider adopting school impact fees if the
Ferndale School District requests impact fees and meets the requirements of Whatcom
County Code 20.75.
Section 10. Sales Tax Revenue Sharing
City and County agree to share in the sales tax revenues for annexations of significant
developed commercial and/or industrial land. In those cases, sales tax revenues will be
computed and shared on the following basis:
To determine Base Value for the local sales tax revenue, Base Value for the 1st, 2nd
and 3rd years equals total sales tax revenue from the 1 % local sales tax collected in the
12 full calendar months following the effective date of the annexation and following
the first and second anniversaries, respectively, so that the Base Value is established
on the actual sales tax collected during the time between payments.
1st year County receives .80
of Base Value
2nd year County receives .50
of Base Value
3rd year County receives .20
of Base Value
The County shall receive .15 directly from the State. The City will reimburse the
difference (.65 Base Value 1st year, .35 Base Value 2°d year, and .05 Base Value 3rd
year) to the County.
The first payment from the City to the County shall be due and payable within ninety days of
the first anniversary of the effective date of the annexation with subsequent payments due
and payable within ninety days of the second and third anniversary dates of the effective date
of the annexation. It is agreed that upon completion of payments as scheduled, each party
will have been fairly, fully and adequately compensated for their respective annexation
impacts under this section.
For the purposes of this interlocal agreement "significant developed commercial and/or
industrial land" shall be those properties which together generated $50,000 or more in annual
sales tax revenue over the one year period prior to annexation. Said one year period shall
include the 12 full calendar months preceding the effective date of the annexation. In these
cases sales tax revenues will be computed and shared on the basis described above.
Interlocal Ageement
City of Ferndale & Whatcom County (May 2012)
[E
201
Section 11. Agricultural Resource Lands and Rural Areas
Whatcom County has established a goal of protecting at least 100,000 acres of agricultural
land (Resolution 2009-040). In order to implement this goal and the Whatcom County
Comprehensive Plan, the County and City are outlining the respective roles of the County
and City in protecting agricultural land:
A. Right to Farm. The City will adopt right to farm notification procedures pursuant to
RCW 36.70A.060(1)(b) by December 31, 2012.
B. Transfer of Development Rights. The City and County will work to develop a
mechanism and procedure to transfer development rights, which may include the purchase of
development rights and/or in lieu fees, from designated Agricultural resource lands or rural
areas to the City and/or annexation areas.
C. Setbacks. The City will assure that the use of lands adjacent to designated
Agricultural resource lands will not interfere with the continued use, in the accustomed
manner and in accordance with best management practices, of these designated lands for the
production of food and other agricultural products, pursuant to RCW 36.70A.060(1)(a). The
City will conduct a formal process, including consultation with the County, City Planning
Commission review and City Council review, to consider adopting setbacks for development
adjacent to lands designated Agriculture on the Whatcom County Comprehensive Plan map
(which are agricultural lands of long-term commercial significance) by June 30, 2016.
The City will retain the final authority to determine whether or not to adopt such setbacks.
Section 12. Other Provisions
A. GIS Data Sharing. The City and the County will cooperate in data sharing.
B. Transfer of Land: The City and County will consult on the possibility of transfer of
land from County to City ownership if included in an annexation.
C. Offsite Mitigation Improvements: The City and County should cooperate on
establishing a program that would allow development activities within the City to transfer
wetland mitigation to locations within the unincorporated County, in order to permit
development sufficient to achieve urban densities within the City and accomplish the best
ecological outcome, subject to the following:
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
7.1
202
i. Whatcom County will not assume any new administrative responsibilities, such as
approving and monitoring wetland mitigation, unless explicitly approved by the
Whatcom County Council.
ii. Prior to proposing a wetland mitigation program that includes areas designated as
Agriculture on the Whatcom County Comprehensive Plan map, the City and the
County will consider recommendations of the Agricultural Advisory Committee.
iii. The County and City will consider any mutually agreeable changes to their respective
development regulations addressing off -site wetland mitigation.
iv. In some cases, such offsite mitigation may include the transfer or purchase of
development rights.
D. Slater Rd. UGA Reserve — The City of Ferndale and Whatcom County agree to
consult with the City of Bellingham prior to re -designating the Slater Rd. UGA Reserve to
UGA.
Section 13. Existing Agreements, Standards and Studies
The City and County mutually agree to identify and evaluate all existing mitigation
agreements, interlocal agreements, appropriate inter jurisdictional studies and agreed upon
standards affecting an annexation area to which the City or County is a party.
Section 14. Relationship to Existing Laws and Studies
This agreement in no way modifies or supersedes existing State laws and statutes. In
meeting the commitments encompassed in this agreement, all parties will comply with the
requirements of the Open Public Meeting Act, State Environmental Policy Act, annexation
statutes and other applicable State or local law. The ultimate authority for land use and
development decisions is retained by the County and City within their respective
jurisdictions. By executing this agreement, the County and City do not purport to abrogate
the decision -making responsibility vested in them by law.
Section 15. Hold Harmless
The City shall protect, save harmless and indemnify at its own expense, the County, its
elected and appointed officials, officers, employees and agents, from any loss or claim for
damages of any nature whatsoever arising out of the City's performance of this agreement.
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
17
203
The County shall protect, save harmless and indemnify at its own expense, the City, its
elected and appointed officials, officers, employees and agents from any loss or claim for
damages of any nature whatsoever arising out of the County's performance of this
agreement.
Section 16. Dispute Resolution
The City and County mutually agree to use mediation for a minimum of 90 days if agreement
cannot be reached on any provision of this agreement. After the 90 day period, any party
may elect to utilize binding arbitration. In the event that arbitration is needed, one member
of the arbitration team shall be selected by the City, one member shall be selected by the
County and the third member shall be selected by the other two members. The decision of
the arbitration team on the issue shall be final.
Section 17. Implementation
Whatcom County and the City will strive to engage in collaborative discussions in order to
implement this interlocal agreement. When these discussions lead to proposed legislative
action, such as amendments to a comprehensive plan, the County Council and City Council
are not bound to take any specific future action.
Section 18. Effective Date, Duration and Termination
This agreement shall be effective upon signature by both the Mayor of the City and
Whatcom County Executive. This agreement shall remain in effect until June 30, 2022,
unless modified or terminated by written agreement of both parties.
Section 19. Severability
If any provision of this agreement or its application to any person or circumstance is held
invalid, the remainder of the provisions and/or the application of the provisions to other
persons or circumstances shall not be affected.
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
18
204
IN WITNESS WHEREOF, the parties have signed this agreement, effective on the date
indicated below.
CITY OF FERNDALE
By
Gary Jensen, Mayor
Date
Approved as to form:
Office of the City Attorney
Attest
STATE OF WASHINGTON )
) ss.
County of Whatcom )
WHATCOM COUNTY
By
Jack Louws, County Executive
Date
Approved as to form:
Whatcom County -Prosecutor
On this day of , 2012, before me personally appeared Gary
Jensen, to me known to be the Mayor of the CITY OF FERNDALE, and who executed the
above instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State
of Washington residing at
My appointment expires:
STATE OF WASHINGTON )
) ss.
County of Whatcom )
On this day of , 2012, before me personally appeared JACK
LOUWS, to me known to be the County Executive of WHATCOM COUNTY, and who
executed the above instrument and who acknowledged to me the act of signing and sealing
thereof.
Interlocal Agreement
City of Ferndale & Whatcom County (May 20I2)
I9
NOTARY PUBLIC in and for the State of
Washington residing at
My appointment expires:
205
EXHIBIT A
COUNTY ROAD AND STORMWATER PROJECTS
REQUIRING POTENTIAL REIMBURSEMENT
No County road or stormwater projects, potentially requiring reimbursement under Section
6.0 of this interlocal agreement, have been identified in the Ferndale UGA.
Interlocal Agreement
City of Ferndale & Wbatcom County (May 2012)
20
206
EXHIBIT B
COUNTY OWNED PARK, OPEN SPACE AND RECREATIONAL FACILITIES
WITHIN THE FERNDALE UGA
There are no County owned facilities within the UGA at the time of this
agreement.
Interlocal Agreement
City of Ferndale & Whatcom County (May 2012)
a
207
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2012-153
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
SM
413112
V E D
4110112
Council
Division Head:
APR 0 3 2012
V'L!'-;ATCOM COUNTY
COUNCIL COUNTY
5/22/2012
Council
Dept. Head:
Prosecutor:
Purchasing/Budget:
Executive:
I V
I
TITLE OF DO NT, Appointment to the Point Roberts Community Advisory Committee.
ATTACHMENTS: Application
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
County Executive Jack Louws requests confirmation of his appointment of Charles Cannon
to the Point Roberts Community Advisory Committee.
COMMITTEE ACTION.•
COUNCIL ACTION.•
4/10/2012: Council Postponed to May 22.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at. www.co.whatcom.wauslcouncil.
l
t;VCILMEMBERS:
JACK LOUWS
County��
Executive
$'� y
Barbara E. Brenner
- 2a�Z Sam Crawford
`
�.
Kathy Kershner
Bill Knutzen
41 ,. a�' ,
�tiiN+e;'I
JA
S Pete Kremen
Ken Mann
COUN
�+ T
CU 1 IVE Carl Weimer
APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOAR
S AND COMMISSIONS
PLEASE PRINT LEGIBLY and COMPLETE
ALL ITEMS
Name: C H/•L'KL.E S tcl. C"IAlAlE)N Date: �3b0 ts—
Street Address: _ J O SKA. y
City: P 0 1 N I- 2-0 j3 ,_--rz 7,5 WH Zip Code: -,of
Mailing Address (if different from street address):
Day Telephone: -3�0 Q`� 2-� 1 Zvening Telephone: '54"4 � Cell Phone:
E-mail address: C c aj%J aN3 iW-1 uj l,-� 1 j) B&' y 1, Q--oAl
1. Name of board or committee -please see reverse:
2. You must specify which position you are applying for.
Please refer to vacancy list.
VC91NT 2030-a-Z!, T!5 CD/PW0fAj►7-y 46U 3+e,2 / C,_�.41n,7T
ivlc-vc3� /-r LfkcjF
3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying?
(If applicable, please refer to vacancy list.)-----------------------------------------------------.___..____ (Xyes ( ) no
4. Which Council district do you live in? --------------------------------------------- ....._.._--___.-_-_ ( ) One ( ) Two (W) Three
5. Are you a US citizen?-__.___.______________..__,..__.__.__________..._____,_...-____..__-__.._.._-__.._...-_____-____ _-_,__ (W) yes ( ) no
6. Are you a registered voter?_____..._.______,._........___..___.._.r_.._____..____________..__M__-_._______..----.._ ..-_....__ iM yes ( ) no
7. Have you ever been a member of this Board/Commission?- - - _.__ .. __ _.__._. ____.___._. ____.__._ ( ) yes 06 no
If yes, dates:
8. Do you or your spouse have a financial interest in or are you an employee or officer of any
business or agency that does business with Whatcom County? - ---- ---- -----._....______ .___..a._______ ( ) yes LM no
If yes, please explain:
9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community
activities, and education.
IRS i ItZ�F_ DI eP15Co?,4L pr2CCs7- , Gjj--z.y vi,.ie, r7n-e-v-_ i,-i ap :l-r t-ry
eXOR ff, Paw-f
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9,5, d�tRl77Il�'fL S�/�19Gc� , l71
10. Please describe why you're interested in serving on this board or commission: A-AJ oT�7.0 RAJ") -,-a
S1'9 V
References (please include daytime telephone number): A ilt-l�i L"A cr* .- Z-7 ? �r
r*1.rti21s 2.o31'J�o.� 3 36c� 9.45' (35 7
Signature of applicant:
THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the above information will be
available to the County Council, County Executive, and the public. All board and commission members are
expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these
expectations may result in revocation of appointment and removal from the appointive position.
209