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Packet Oct 9 2012
WHATCOM COUNTY COUNCIL AGENDA BILL No. AB2011-223A CLEARANCES Initial Date Date Received in Council Office Agenda Date Ass! ned to: Originator: Alex Cleanthous Aec 13/27/12 / Yl Z 4/24/12 SCOTW Introduction V D Division Head. Wain Harrison 5/08/12 Public Hearing 7/24/2012 9/11/2012 SCOT9 ISCOTW JUN 11 2012 Dept. Head. Sam Ryan 10/9/2012 SCOTW ` WHATCOM COUNTY Prosecutor: Royce Buckingham G— -7 42 COUNCIL �/ v V U N C I L Purchasing/Budget: Brad Bennett Executive: Jack Louws i I I TITLE OFD C NT: Wind Energy Systems ATTACHMENTS: (1) Memo (2) Council's Ordinance SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? O Yes (X ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Amendments to Whatcom County Code 20.14 Wind Energy Systems. The proposal allows for a range of Wind Energy System (WES) sizes with regulations pertaining to setbacks, appearance, sound levels and measurement, abandonment and complaint issues. COMMITTEEACTION.• COUNCIL ACTION: 3/27/2012: Amended and approved to be Introduced in two 4124/2012: Introduced weeks 5/08/2012: Postponed for further discussion in Planning 7/24/2012: Discussed and amended and held in Committee of & Development Committee the Whole 9/11/2012: Amended. Hold in Committee of the Whole to the first meeting in October Related County Contract #: Related File Numbers: Ordinance or Resolution Number: (:\Planning Division\Long Range Planning\PLN-CP-Code Amendments\2010\PLN-2010 Files\PLN2010-00026 - Wind Energy\CouncihJune 18, 2012\pin2010-00026-agendabill- 20120618.docx SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. AMENDING WCC TITLE 20.14, WIND ENERGY SYSTEMS WHEREAS, Ordinance 2008-043 adopted development regulations for Wind Energy Systems in unincorporated Whatcom County. WHEREAS, the Whatcom County Council adopted emergency ordinance 2010-015 prohibiting the application for wind energy systems greater than 500 kw and the application for multiple wind energy systems with a cumulative rated output greater than 100 kw. WHEREAS, Ordinance 2010-018 established a moratorium on wind energy systems greater than 500 kw and the application for multiple wind energy systems with a cumulative rated output greater than 100 kw. WHEREAS, in accordance with RCW 36.70A.106 Whatcom County Planning and Development Services notified the Department of Commerce of proposed amendments to WCC 20.14 on Nov 3, 2010. WHEREAS, the Whatcom County SEPA official issued a Determination of Nonsignificance (DNS) on April 13, 2011. WHEREAS, the Planning Commission held a public hearing on May 26, 2011 and voted 6-1 for a recommendation of approval for the proposed amendments to WCC 20.14, Wind Energy Systems. WHEREAS, the Whatcom County Council held work session on the proposal as listed in the findings. WHEREAS, the Whatcom County Council held a public hearing on May 8, 2012. FINDINGS OF FACT AND REASONS FOR ACTION 1. The Whatcom County Council in response to the moratorium organized a Wind Energy Work Group. The work group was comprised of citizens, renewable energy professionals, Whatcom County staff and elected officials. 2. The Wind Energy Work Group met twice, May 4 and 14, 2010. 3. The Wind Energy Work Group discussed issues such as setbacks, noise, shadow flicker and siting of windmills near residential development. 4. The results of the Wind Energy Work Group were two proposed ordinances, one from Councilmember Brenner and one from Council member Mann. The Whatcom County Council was unable to reach consensus on an ordinance and requested the Whatcom Planning Commission to review the proposals and make a recommendation. 5. The Whatcom County Planning Commission held work sessions on and a public hearing on the results of the Wind Energy Work group on November 18, 2010, and December 9, 2010 respectively. 2 6. At the December 9, 2010 hearing the Planning Commission was unable to find consensus between Councilmember Brenner and Mann's proposals. The Planning Commission requested that staff begin to re-evaluate the current ordinance and make improvements based on concerns raised by the public and discussion at the Planning Commission work session and public hearing. 7. Planning staff held two more work sessions on updating WCC 20.14. Those work sessions were held on January 13 and March 24, 2011. 8. Citizens and Planning Commissioners identified the following as issues to be addressed during the work sessions; permitting and zoning, setback requirements, pre and post monitoring of sound, height limitations, blade throw, shadow flicker, animal habitat impacts, and decommissioning. 9. The Whatcom County Planning Commission held public hearings on proposed changes to WCC 20.14 on April 28 and May 26, 2011. 10.A legal notice for the May 26, 2011 Whatcom County Planning Commission public hearing was publishing on May 15, 2011 11.The Whatcom County Planning Commission at the May 26, 2011 public hearing voted 6-1 to recommend approval to the Whatcom County Council on amendments to Whatcom County Code 20.14. 12. The Whatcom County Council has held work session on the proposed ordinance to amend WCC 20.14 Wind Energy Systems on July 12 & 26, 2011, September 27, 2011, October 25, 2011, and December 6, 2011. 13. At the work sessions issues such as, permits, zoning, setback requirement, sound level measurement, height limitations, general safety, blade tip height requirements, ice throw, blade throw, flicker analysis, establishing a complaint process, and abandonment of the systems were discussed. 14. A public hearing was held at the Council Meeting, 1/24/2012, followed by a work session, whereupon the Council approved several amendments to the proposed ordinance, but agreed to leave the record open to consider comments from the Agricultural Advisory Committee. 15. A special meeting of the Agricultural Advisory Committee (AAC) was held on 2/28/2012, where recommendations were discussed regarding setback requirements, underground electrical installation, and foundation abandonment options. These recommendations were finalized for submission to Council at the regular AAC meeting, 3/8/2012, including an expressed concern regarding stray voltage. 16. The AAC recommendations and concerns were presented by staff to the Council Committee of the Whole during a special work session. Expert testimony was provided regarding stray voltage. The committee discussed and approved additional amendments to the proposed ordinance, including consistency changes, setbacks, exclusion zones for large wind energy systems, underground electrical, and foundation abandonment options. The committee approved the amended ordinance for introduction to be followed by a public hearing before the Whatcom County Council. 3 CONCLUSION The proposal meets all of the legal�equirements as noted within the Findings of Fact and Reasons for Action. The proposed amendment is compatible with the Growth Management Act, Whatcom County Comprehensive Plan Goals and Policies, along with policies within Whatcom County's County Wide Planning Policies. Approval of this amendment is in the public interest. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance (Title 20) is hereby amended as outlined in Exhibit A to this ordinance. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk .... • ED as to form: Civil Deputy Prosecutor 2012. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair ( ) Approved ( ) Denied Jack Louws, Executive Date: M WHATCOM COUNTY O M Q RE SV AGC Planning &Development Services 3.rP `yA 5280 Northwest Drive, Bellingham, WA 98226-9097 �> 360-676-6907, TTY 800-833-6384 93yNGs0 SEP 2 7 2012 360-738-2525 Fax Date: September 24, 2012 JACK LOUWSCOUNTY EXECUTIVE To: Council Committee of the Whole From: Wain Harrison, Building Services Manager/Deputy Fire Marshal Alex Cleanthous, Planner Through: J.E. "Sam" Ryan, Director�� Subject: WCC 20.14, Wind Energy PLN2010-00026 Introduction of Revisions for a Work Session At the September 11, 2012, Council Committee of the Whole meeting, the committee conducted another work session regarding wind energy. The result of the meeting was a number of revisions approved by motion. Those revisions are indicated in the proposal with strike -through and italics and are summarized as follows: 1. WCC Section 20.14.020, DEFINITIONS. Definition #17 was revised to eliminate dual definitions for WES and Definitions #6, #15, and #16 were revised for consistency. 2. WCC Section 20.14.041, PERMITS AND ZONING. The table has been revised to show that SWES and WES are not permitted in the Lake Whatcom Watershed and/or 1000 feet beyond the 'approved watershed boundaries, except that roof mounted SWES that do not exceed a total height of 5 feet above the highest roof peak of the building on which they are mounted are allowed. In addition, the system type in row 3 of the table was revised to read One WES and the system type in row 4 was revised to read One or multiple WES for better consistency. 3. WCC Section 20.14.052, SETBACK REQUIREMENTS. The 2nd row of the setback requirement description in the table now reads: "5280 feet (one mile) from a property line of any property in a non -HIT zone...': 4. WCC Section 20.14.074, Ice Throw for WES. This section has been removed. 5. WCC Section 20.14.075, Blade Throw Calculations for WES. This section has been removed. Flicker Analysis for WES now becomes Subsection .074 and Wildlife Protection for WES now becomes Subsection .075. 6. WCC Section 20.14.082, Sound Measurement. This Subsection has been removed. 7. WCC Section 20.14.102, Removal Requirements. The first sentence of the Subsection has been revised to read: "When a SWES (whose total height exceeds the height of the underlying zone) or a WES is scheduled to be decommissioned, the project owner/property owner shall notify the County by certified mail of the proposed date of discontinued operations and plans for removal." In Item #1 of the Subsection the words: "and below ground" have been removed from the first sentence. Pagel of 2 5 Chapter 20.14 Wind Energy Systems Sections 20.14.010 Purpose 20.14.020 Definitions 20.14.030 Applicability 20.14.040 Regulatory Framework 20.14.050 General Requirements 20.14.060 Sound Levels and Measurement 20.14.070 Safety 20.14.080 Sound measurement protocol for assessment of proposed and existing wind energy systems with a cumulative rated output over 100 kW 20.14.090 Complaint Process 20.14.100 Abandonment, insurance, and decommissioning for WES 20.14.110 Federal. State and Local Reauirements 20.14.010 PURPOSE The purpose of the Ordinance is to regulate the installation and operation of wind energy conversion systems in Whatcom County for private landowners, subject to reasonable restrictions. 20.14.020 DEFINITIONS As used in this Ordinance, the following terms shall have the meanings indicated: County shall mean Whatcom County government. 1. County shall mean the Whatcom County government. 2. Decibel — A unit of measure of sound pressure. 3. dB(A) — A -weighted sound pressure scale. 4. dB(C) — C-weighted sound pressure scale. 5. FAA shall mean the Federal Aviation Administration. 6. Flicker or Shadow Flicker — The moving shadow cast by the rotating blades of a SWES/WES, or any intermittent, repetitive, or rhythmic lighting effect that is a direct result of rotating S97ES/WES blades. 7. Flicker Analysis — A study showing the duration and location of flicker potential. 8. Hub Height — The distance from the ground to the center axis if the rotor. 9. Qualified Independent Acoustical Consultant — A private, third -party individual with full membership in the Institute of Noise Control Engineers (INCE), or other demonstrated acoustical engineering certification. 10. MET Tower or "Meteorological tower" - a structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a_given location. 11. Rotor — A system of airfoils designed to provide a reaction force relative to the movement of the surrounding air. The rotor is connected to a hub that rotates around an axis. 12. Small Wind Energy System (SWES) - A wind energy conversion system, with a rated output up to and including 50 kW, consisting of. wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware. 13. Total Height — The distance measured from the _ grade plane (WCC 20.97.162) to the tip of the SWES/WES rotor blade extended to its highest point. The support tower structure may be freestanding, guyed, or a monopole. 14. Tower Height - The distance measured from the grade plane (WCC 20.97.162) to the hub height of the wind turbine. This structure may be freestanding, guyed, or a monopole. 15. Upwind Turbine Design — A STVESIWES that has rotors and towers aligned such that the wind encounters the rotors before the tower. The tower will always be downwind of the rotors. 16. Wind Turbine - The parts of the wind energy conversion system including the blades, generator and tail. 17. Wind Energy ystem (WES) - " ^e e-r^' rof fence for ^ wifid energy eensistinii-4- wind turbine, towef, base and asseeiated control - . li eleetr-onies, VIES -also reams A wind energy conversion system with a rated output greater than 50 kW consisting of- wind turbine, tower, base and associated control or conversion electronics, as well cis anchors, guy cables, and hardware. 20.14.030 APPLICABILITY 1. The requirements set forth in this Ordinance shall govern the siting of wind energy conversion systems used to generate mechanical or electrical energy to perform work, and which may be connected to the utility grid pursuant to the Revised Code of Washington, Chapter 80.60, Net Metering of Electricity, and serve as an independent source of energy, or serve as part of a hybridsystem. 2. The requirements of this Ordinance shall apply to all Small Wind EnergSystems (SWES) and Wind Energy ystems (WES) proposed after the effective date of this Ordinance. Any SWES/WES for which a required permit has been properly issued prior to the effective date of this Ordinance shall not be required to meet the requirements of this Ordinance; provided, however, that any such pre-existing SWES/WES that is not producing_ energy for a continuous period of twelve (12) months shall meet the requirements of this Ordinance prior to recommencing production of energ, modification that increases the height of the system or significantly increases its output shall be allowed without full compliance with this Ordinance. 20.14.040 REGULATORY FRAMEWORK .041 PERMITS AND ZONING System Type Required Permit Zones MET Tower. Outright permitted All — for up to 24 months One or multiple SWES with a Outright permitted All cumulative rated output up to. and including 50 kW. One WES with a rated output Administrative permit HII greater than 50 kW up to and including 500 M. One or multiple WES with a Conditional Use permit HII rated output greater than 500 kW. Multiple WES per parcel with Conditional Use permit HII a cumulative rated output greater than 50 kW. SWES/WES Not permitted Within and 1000 feet beyond the boundaries of the Lake Whatcom Watershed that are recognized and approved by Whatcom County, except that roof mounted SWES that do not exceed a total height o, fzve (5) feet above the highest roof'peak of the building on ivhich they are mounted are allowed. 1 — SWES, WES and MET towers are required to be in compliance with but not limited to Whatcom County Code, Title15, Buildings and Construction, and acquire the necessM building permits. 2 — Administrative Permit WCC 20.84.235 3 - Conditional Use Permit WCC 20.84.200 .042 PRINCIPAL OR ACCESSORY USE 1. A SWES/WES may be considered either as a principal or accessory use. A different existing use or an existing structure on the same lot shall not preclude the installation of a SWES/WES or a part of such facility on such lot. Any SWES/WES that is constructed and installed in accordance with the provisions of this Ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure. 20.14.050 GENERAL REQUIREMENTS FOR SWES AND WES .051 VISUAL APPEARANCE; LIGHTING; POWER LINES 1) Wind Turbines shall be painted a non -reflective, non -obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the community, unless FAA standards require otherwise. The zoning administrator may require a photo of a SWES/WES, of the same model as that proposed in the landowner's application, adjacent to a building or some other object illustrating scale (e.g., manufacturer's photo). 2) At SWES/WES sites, the design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the SWES/WES to the natural setting and the existing environment. 3) No SWES/WES shall be artificially lighted, except to the extent required by the FAA or other applicable authority_ 4) No SWES/WES shall be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind turbine. 5) Electrical controls, control wiring and power lines shall be wireless or underground, except where SWES/WES wiring is brought together for connection to the transmission or distribution network adjacent to that network, and except that in the Agricultural Zone the minimum installation depth for electrical controls, control wiring and power lines is 48 (forty- eight) inches below finish rg ade. 6) The road access to the proposed site must be rated to carry an axle load sufficient to bear the weight of all materials, vehicles, and equipment delivered to the site. 7) The compatibility of the foundation, tower, and generating unit (including rotor and rotor - related equipment) shall be certified in writing by professional engineer licensed in Washington State. The engineer shall certify compliance with established engineering practices and compliance with all applicable adopted codes and regulations. For all SWES/WES, the manufacturer's engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the SWES/WES are compatible and within accepted professional standards, given local design criteria per Whatcom County Code, Chapter 15. 8) The electrical system design shall be certified in writing by an electrical engineer licensed in Washington State unless waived by the Building Official. All SWES/WES electrical systems shall comply with requirements per the Washington State Department of Labor and Industries and the current adopted edition of the National Electrical Code when and where applicable. 9) All SWES/WES shall meet requirements per the applicable sections of WCC 20.80.634, 20.80.635, and 20.80.636 for erosion control and stormwater management. 10) Violation of any part of this chapter of the code (WCC 20.14) shall be subject to the provisions of WCC 15.04.050. .052 SETBACK REQUIREMENTS The following setback requirements shall apply to all SWES/WES and MET Towers. All setbacks are measured from the property lines of the property on which the project is located: 1) Setbacks table System Size Setback Requirement Up to and including50 kW 1.2 times total height, to a maximum of total height plus 20 feet' Greater than 50 kW 5280 feet (one mile) from a property line of any properh, in a non-HII zone, unless the neighboring property is an HII zone, in which case the setback is 1.2 times the total height from the property line.' Footnote 1. A reduction in setbacks may be approved if appropriate easements from neighboring property owners or appropriate mitigation acceptable to neighboring property owners are approved by the Zoning Administrator or Hearing Examiner and recorded against the applicable deed(s). 2) Communication and electrical lines: Each SWES/WES shall be set back from the nearest above -ground public or private non -participating utility a distance no less than 1.2 times its Tower Height, up to a maximum of Tower Height plus 20 feet, determined from the existing power line or telephone line. 3) Setbacks shall be measured to the outer edge of the base of the SWES/WES structure towers. Guy cables and other accessory support structures may be located within setback areas. 4) Setback to other WES: A WES may not be placed such that it substantiallv disturbs the wind flow into another WES. A new WES may not be placed such that another non -participating WES falls within an egg shaped exclusion zone around the new WES defined by an axis along the primary wind direction. In the upwind direction the exclusion zone shall have a semi -circular shape with a radius three times the rotor diameter of the new WES. In the downwind direction the exclusion zone shall have a semi -elliptical shape extending eight times the rotor diameter of the new WES along the axis downwind and extending three times the rotor diameter of the new WES in a direction perpendicular to the axis. In this way the new WES will be at least three of its rotor diameters behind, three to the side of, and eight in front of a pre-existing WES. .053 HEIGHT LIMITATIONS 1) The total height of a WES shall not exceed 500 feet. MET Towers cannot exceed a maximum height of 100 feet except in the Agricultural, Rural Forestry and Commercial Forestry zones. 2) SWES with a total height taller than 100 feet must obtain an Administrative Permit, except within the AG, CF and HII zones. a). All SWES with a total height greater than 100 feet must provide in writing that the height requested is the minimum height necessary for the SWES to operate efficiently, and provide approved justification for the proposed height and analysis according to recognized industry standards.. 10 20.14.060 SOUND LEVELS AND MEASUREMENT .061 SWES Sound levels, performance, and measurement standards 1. Audible sound is not to exceed 20 dB(a) above ambient background noise or 45 dB(a). whichever is greater, at any point beyond the project property line. Detectable infrasound or C- weighted sound pressure is not to exceed 20 dB(c) above ambient background noise or a maximum of 45 dB(c), whichever is greater, except that there is no infrasound or C-weighted sound pressure requirements at property lines adjacent to HII zones. .062 WES with a cumulative output greater than 50 kW sound level, performance, and measurement standards 1. Audible sound is to not exceed 10 dB(a) above ambient background noise or 45 dB(a� whichever is greater, at any point beyond the project property line. Detectable infrasound or C- weighted sound pressure is not to exceed 20 dB(c) above ambient background noise or a maximum of 45 dB(c), whichever is greater, except that there is not infrasound or C-weighted sound pressure requirements at property lines adjacent to HII zones. .063 Upwind design shall be used on all WES greater than 50 kW, unless it can be demonstrated that no detectable infrasound or C-weighted sound pressure is generated above 20 dB(c) and A -weighted sound pressure standard can be met, as required per 20.14.061 and 20.14.062. 20.14.070 SAFETY .071 General Provisions for SWES/WES I . Wind Turbine towers shall not provide step bolts or a ladder readily accessible to the public and shall be a minimum height of 10 feet above ground level. 2. All electrical equipment shall be safely and appropriately enclosed from unintentional access by means such as barrier fencing, equipment cabinetry or similar. All access doors to Wind Turbine towers and electrical equipment shall remain locked except when access is necessary. 3. Appropriate warning signage (e.g., electrical hazards) shall be placed on Wind Turbine towers, electrical equipment, and SWES/WES. 4. Any SWES/WES found to be unsafe by the building official shall be repaired by the landowner and/or project owner to meet federal, state and. local safety standards, according to the regulatory authority of the Building Official and applicable provisions per WCC Chapter 15. .072 Blade Tip Height 1. The blade tip of any SWES with a cumulative rated output up to and including 50 kW shall, at its lowest point, have ground clearance of no less than twM (20) feet, as measured at the lowest point of the arc of the blades. 2. WES with a cumulative rated output greater than 50 kW shall, at its lowest point, have ground clearance of no less than thigy (30) feet, as measured at the lowest point of the arc of the blades. 11 .073 Over -speed Controls All SWES/WES shall be equipped with over -speed controls to limit rotation of blades to speed below the designed limits of the system. No changes or alterations from the certified design shall be permitted unless accompanied by a licensed professional engineer's statement of certification .074 Flicker Analysis for WES 1. A flicker analysis is required for all WES. The analysis shall include the duration and location of flicker potential for all buildings and for roadways within a one (1) mile radius of each turbine within a project. The applicant shall provide a site map identifying the locations of shadow flicker that maybe caused by the project and the expected durations of the flicker at these locations from sun -rise to sun -set over the course of a year. The analysis shall account for topography but not for obstacles such as accessory structures and trees. Flicker at any building shall not exceed thirty (30) hours per year within the analysis area. Flicker in excess of the limits established in this ordinance shall be grounds for the County or his/her designee to order operational adjustments, which may include mitigation measures requiring cessation of operation during periods when flicker effects any building, for all non compliant WES. .075 Wildlife Protection for WES Prior to permit approval provide documentation from a qualified professional wildlife biologist (WCC Section 16.16, Article 8, Definitions) verifying the following: 1. Endangered or Threatened Species: Development and operation of a WES shall not have a significant adverse impact on endangered or threatened fish, wildlife, plant species, their critical habitats, or other significant habitats identified in the Whatcom County Comprehensive Plan and/or other current studies or plans relevant to the region and recognized by the County. 2. Migratory Birds: The project development and/or operation plan shall be designed to prevent WES from having a significanyadverse impact on migratory bird species. 12 20.14.080 Sound modeling and measurements. .081 Sound Modeling As part of the conditional use permit process, all WES proponents shall provide a report by -a qualified independent acoustical consultant approved by Whatcom County PDS and in accordance with standard industry best practices, that models the sound transmission of the proposed WES at the project property lines and indicates that the WES, when operated properly, will conform to the sound performance requirements of this ordinance. 20.14.090 Complaint process: If two or more complaints from different households are redeived with 2 weeks of each other, and documented at a particular site, a sound measurement will be conducted within ten (10) business days by a qualified consultant approved by Whatcom Counk. The cost of the sound measurement shall be the responsibility of the WES owner/operator. The operator shall reimburse the County for the expense within ten (10) days of billing. Measurements shall be conducted where the complaints were documented. If an evaluation shows that the WES is operating_ outside of its permitted sound performance standards, the operator will have thigy (30) dadays to adjust the system(s) or terminate operations. To avoid frivolous complaints, any households that registers a complaint against a WES that is proven to be in compliance shall be responsible for the costs of any future complaints originating from the same household(s) for two years unless the WES project has expanded and/or proven to be in violation of the sound performance standards. At the discretion of Whatcom County PDS, if it appears residents are abusing the complaint process, complaints may be compiled for three (3) months at a time and then a sound study conducted at all of the locations. No WES project shall be required to conduct more than two (2) sound measurements at any one adjacent property per year unless the WES project has expanded and/or proven to be in violation of the sound performance standards. Complaints originatingfrom properties located farther than 1 mile from a WES project do not trigger the complaint process. 13 20.14.100 Abandonment, insurance, and decommissioning for WES .101 Abandonment: Absent notice of a proposed date of decommissioning, project shall be considered abandoned when the project fails to operate for more than one year without the written approval of the Director or designee. The Director or designee shall determine in its decision what proportion of the project is inoperable for the project to be considered abandoned and shall notify the property owner. Within one hundred and twenty (120) days of receipt of Notice of Abandonment or within one hundred and twenty (120) days of providing Notice of Termination of Operations to the County, the owner of a wind energy system must comply with the removal requirements in Section 20.14.102 below. If the property owner/project owner fails to remove the WES in accordance with the requirements of this section within one hundred and twenty (120) days of Notice of Abandonment, the County shall have the authority to enter the property and physically remove the WES. Financial Surety funds shall be used to pay for removal and restoration. .102 Removal requirements: When a SWES (whose total height exceeds the hez ht of the underIging zone) or a WES is scheduled to be decommissioned, the project owner/property owner shall notify the County by certified mail of the proposed date of discontinued operations and plans for removal. Within one hundred and twenty (120) days of receipt of Notice of Abandonment or within one hundred and twenty (120) days of providing Notice of Termination of Operations, the owner of a wind energy system must: 1) Remove all wind turbines, above -ground improvements, and outdoor storage. Property owners of WES in the HII zone, and SWES in the AG and CF zones, may choose to leave foundations in place and intact, partially or in whole, for approved, permitted reuse, except that in the AG zone foundations left in place must be located such that the distance between SWES foundations and foundations of existing buildings shall not exceed 50 (fifty) feet. 2) Remove all hazardous material from the property and dispose of the hazardous material in accordance with federal, state and local law. 3) In addition to removing the wind turbine generator, the owner shall restore the site by planting native or other approved vegetation to minimize erosion. .103 Insurance: Proof of continuous liabilitv insurance shall be submitted to Whatcom Countv indicatin coverage for potential damages or injury to landowners, occupants, or other third parties. For WES with a rated output greater than 50 kW the required insurance is two million dollars ($2,000,000.00) aggregate and one million dollars ($1,000,000.00) per occurrence. Whatcom County shall be named on the liability policy as additional insured. The insurance carrier shall be instructed to notify all applicable governmental authorities of any delinquencypayment of premiums. The liability policy shall be endorsed to notify the County of any cancellation thirtx (30) days in advance. Failure to provide such insurances shall be considered abandonment and full and sufficient P-rounds for termination of the permit and disposal of the equipment and appurtenances as stated herein. .104 Financial surety: 14 As a condition of WES permit approval, the applicant shall be required to provide a form of surety i.e., post a bond, or establish an escrow account or other means) at the amount of 150% of the estimated full cost of project decommissioning less the approved, documented salvage value of any pplicable project materials and equipment, naming Whatcom County as the beneficiary, with fifty percent (50%) due prior to final project approval, twenty-five percent (25%) due within twelve (12) months of the date of final project approval, and twenty-five percent (25%) due within twenty-four (24) months of the date of final project approval, to cover costs of WES removal in the event the County must remove the facility. Nothing may prevent the County from seeking reimbursement from the WES project owner. The project owner is responsible to the County for any costs related to decommissioning that exceed the amount of financial surety. As part of the Decommissioning Plant the Applicant shall submit a fully inclusive estimate of the costs associated with removal, accounting for reasonable salvage value of any applicable project materials and equipment, prepared by a qualified professional. The decommissioning plan shall provide that the decommissioning funds shall be reevaluated every five years from the date of substantial completion of the WES to ensure sufficient funds for decommissioningand, nd, upon mutual agreement b the Applicant and the County at that time, the amount of decommissioning funds shall be adjusted accordingly.. Prior to permit issuance, the Applicant shall provide the County with a copy of the Financial Surety device or another approved mechanism. .105 Decommissioning plan: As part of the permit approval process, a decommissioning plan shall outline the anticipated means and cost of removing WES at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party; such as a Professional Engineer, a licensed contractor capable of decommissioning or a person, firm, partnership, corporation or other entity with suitable expertise or experience with decommissioning, as determined by the Building Official or designee. The plan shall also identify Financial Surety to pay for the decommissioning and removal of the WES and accessory facilities. The plan shall also address road maintenance during and after the decommissioning_ 20.14.110 FEDERAL, STATE AND LOCAL REQUIREMENTS 1) SWES/WES shall comply with all current adopted Whatcom County Codes & Ordinances, including but not limited to Whatcom County Code, Title 15, Title 16, and Title 23. 2) SWES/WES must comply with regulations of the Federal Aviation Administration (FAA), along with requirements within WCC 20.80.675 "Height Limitations Surrounding Airports". a) If necessary an applicant may be required to submit the following information for analysis of airspace obstructions in relation to WCC 20.80.675: Mean Sea Level (MSL) of adjacent airports; MSL of proposed site; Euclidean distance from adjacent airports to proposed site, total elevation/height of SWES/WES structure. 3) All SWES/WES electrical systems shall comply with requirements per the Washin on State Department of Labor & Industries and the current adopted edition of the National Electrical Code (NEC) when and where applicable. 10 15 4) All SWES/WES with the intention to tie to their respective utilily provider's grid system, shall meet the requirements of Chapter 80.60 of the Revised Code of Washington, Net Metering of Electricity. 11 16 12 17 FATLY- - SLIM. 2 AdmiRistrative permit, In�C 29.8-4235 fly tr'nh+ n mi4teor I A4 erlminic+ro+n,e n mi I Rural, AGGF=, RF, 44 dminic+rn+i„e nermiI A4 13 14 19 15 NEI • .irrs� ryause•a+I �:���a�ac:.s..ia w�.c..a. =11 a.nn 16 21 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 — 66 D CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 10/2/2012 10/9/2012 SCOTW Division Head: Dept Head. - Prosecutor: Pure asin /Bud et: Executive: TITLE OF DOCUMENT. Request clarification of motion approved on 9/25/12 re: Lk. Whatcom Reconveyance ATTACHMENTS: 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 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 clarification of motion approved on September 25, 2012, regarding the Lk. Whatcom Reconveyance and discussion of future scheduling 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.wlzatcont.wa.us/council. 22 WHATCOM COUNTY EXECUTIVE'S OFFICE � . County Courthouse 311 Grand Ave. Suite #108 Bellingham, WA 98225 MEMO TO: WHATCOM COUNTY COUNCIL MEMBERS FROM: JACK LOUWS, COUNTY EXECUTIVE DATE: SEPTEMBER 17, 2012 SUBJECT: LAKE WHATCOM RECONVEYANCE Jack Louws County Executive 4�- On September 11 we had the opportunity to listen to the community concerning the reconveyance. It was an exceptionally well run public hearing, thanks to Ms. Kershner's leadership. I've had some time to ponder the content of the public hearing, and have a plan that I would like the council to consider prior to taking the final vote. Prior to outlining the plan, I'd like to relate my observations. The public is unclear about what this park is going to be. The recreational users and the environmental community tend to believe that their interests will be satisfied. Some in the forestry community believes their interests will be forgotten, while others believe we cannot afford it. A rough park plan has been considered that was developed by the parks department, but the council has not weighed in on what it collectively believes is the best plan to manage the park. Will there be hiking, camping, horses, and motorbikes allowed? Is there going to be a forest management plan, or is the forest going to be left untouched? If there is a forestry plan, are we committed to making it a commercially -viable plan that will not burden county resources? This decision is not time sensitive. The property is blocked up, and we can request the transfer next month or next year. Of course there are many more observations and permutations that I could describe related to this, but I believe the core issue is that we do not have an adequate plan developed that the council has weighed in on and approved. A business would typically identify an opportunity, brainstorm the potential, develop a rough plan, create an operating and capital budget based on the plan, and then decide whether it is a viable opportunity to take action on. I suggest the following: Council reviews the parks plan and modifies it, if needed, to reflect the council's commitment to the recreational opportunities within the park, and to adopt an environmental policy as a guidance document for the future operations of the park. Office 360 676 6717 Fax 360 676 6775 TDD 360 738 4555 23 Council develops a forestry management plan for the proposed park. Council contracts for a catastrophic risk assessment for the park related to slides and Floods involving roads and the lake (geologist). Parks Department and Administrative Services formulate, for council review, a maintenance and operating budget and a capital budget for the park based on the recreational and forestry plans, and risk assessment as developed. The documents I am proposing do not have to be the final working plans for the park, but I believe the development of these documents would go a long way toward, at a minimum, giving the public a clear sense of what the council will ultimately be in favor of developing in the future. It will also give you a clear picture of the true costs of running this facility based on your vision. The modifications to the land transfer as suggested by Council Member Crawford could and should be addressed as a component of these discussions, as they may have a beneficial impact on the forestry interests. I'm willing to devote staff resources and my time to assist with this, if you decide to pursue my suggestions. I anticipate that you could accomplish this in the next 4 - 6 months, having some council work sessions to bring clarity to the various components. From my perspective, having your vision for the park identified in the originating documents, if you choose to pursue the reconveyance based on these documents, would give us a solid foundation to build from. I respectfully ask that you consider my suggestions prior to taking action on the reconveyance. JL/al I.' DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 1 WHATCOM COUNTY COUNCIL 2 Regular County Council 3 4 September 25, 2012 5 6 OTHER BUSINESS (10:12:17 PM) 7 8 CRAWFORD: Yes Madam Chair, I have two items. One is a motion that the Council 9 adopt the Executive's recommendations from his memo of September 17 10 regarding the Lake Whatcom reconveyance, and, in doing so, I haven't 11 discussed this with Councilmember Weimer who is the Chair of Natural 12 Resources, but I would suggest that we anticipate the use of the Natural 13 Resources Committee for the several meetings that he's suggesting we 14 work with staff to develop, or at least forward the work on some forestry 15 management issues on the park plan and so forth. I want to note in 16 making this motion that that the Executive stated he anticipates we can 17 accomplish these items within the next four to six months. I think it's a 18 manageable and workable plan he's suggesting. Again, my motion is 19 simply to adopt what the Executive has presented to us as a way to move 20 forward. I want to say, that's in contrast to two weeks ago when I moved 21 that we delay four weeks a decision on the reconveyance. This would 22 postpone that until we had time to review all of this. 23 24 KERSHNER: Okay, Councilmember Brenner. 25 26 BRENNER: I would just like to add I'd like to see it go through Planning and 27 Development, too, not just Natural Resources. So, there. 28 29 KERSHNER: What do you mean go through Planning and Development? The committee 30 or the department. 31 32 BRENNER: The committee. Oh, no, the Whatcom County Council Planning and 33 Development. 34 35 CRAWFORD: I would suggest that we don't need to pick the committees yet. I brought 36 up the issue of Natural Resources simply to say that might be a home for 37 most of the issues, however, if the staff in their efforts to communicate 38 with the Council all the issues, feels that there's a Planning issue, 39 particularly, then certainly that might be an appropriate time to deal with 40 it. They will wait and see, in working with the administration, what specific 41 issues come up, and how we can adjust our committee schedules to 42 accommodate that. 43 44 KERSHNER: Okay. Is there any further discussion on that motion. 45 46 KREMEN: Madam Chair. 47 48 KERSHNER: Councilmember Kremen. 49 Whatcom County Council, 9/25/2012, Page 1 25 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 1 KREMEN: Thank you. I support the intent of the memo from the Executive. I think it 2 certainly doesn't hurt to have, you know, more scrutiny, and, you know, a 3 more flushing out of the plan itself. I'm a little uncertain as to whether or 4 not we need four to six months to do this, but ... so I support the intent of 5 the Executive's request, but I don't think we need to set a time specific, as 6 long as the questions that, you know, the issues that raised within the 7 memo are addressed adequately, I think then we will have fulfilled the 8 intent of the request from the Executive. 9 10 CRAWFORD: In response to that, I did not intend the, by stating the timeframe that the 11 Executive had, I didn't mean that to be time specific. I simply wanted to 12 contrast that with my very time -specific proposal of two weeks ago, which 13 was to take it up in four weeks, that this would preclude that, and I think 14 the tone that the Executive has said in this letter is their willing to 15 expedite. He says, "I'm willing to devote staff resources and my time to 16 assist with this." I'm sure that'll be sooner rather than later. 17 18 MANN: So, well, I've been in general support of the reconveyance ever since I first 19 learned about it, but I think this is a good idea because we've heard such 20 an outpouring of questions, and some misinformation on both sides. And, 21 you know, generally when people come to us at the last minute and 22 complain about the process, it's generally, actually almost always a stalling 23 technique, and one that I don't put a lot of merit in. But I know, and have 24 faith, that a lot of the folks who have expressed concerns are doing it 25 because they really did just learn about it, and that's the County's fault. 26 It's our job to do good outreach. And, if four months or six months is what 27 it takes to get some answers that satisfy or give people enough time to 28 shine the light on it, then we should do it. To me, most of the questions 29 that are asked in that memo have been answered already at some point or 30 another. And, I think that information's out there and we'll get it compiled 31 and we can have an agreed -upon set of facts from which to make our 32 decision and I think that will do, that will go a long way towards clearing up 33 some of the suspicions and other issues that have com up with this, so I 34 will support that motion, Mr. Crawford. 35 36 KERSHNER: Councilmember Brenner? 37 38 BRENNER: Well, I think most of the concerns raised are very legitimate and I don't 39 have the answer to most of them, so I'm glad you were involved with some 40 whatever it was that go those answers. 41 42 MANN: It was a shady backroom group. 43 44 BRENNER: That's what I'm thinking. 45 46 CRAWFORD: (Inaudible.) 47 48 BRENNER: Yeah, I was going to say that but you interrupted me before I could get to 49 that part. 50 Whatcom County Council, 9/25/2012, Page 2 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. (Laughter.) BRENNER: So I think it might take longer than four to six months. So there. KERSHNER: Okay. I would like to add that, in addition to what the Executive outlined in his letter, that we also look at other alternatives, which could be working DNR on a recreation plan or doing nothing and leaving it as is. I would hope we would explore all of those things. Any further discussion? Alright, seeing none, all those... MANN: Can I make a comment on that? KERSHNER: Oh, Councilmember Mann. MANN: Sorry. I couldn't resist. DNR issue. We've tried to work with DNR and recreation plans and on their land, and we saw what happened at the North Fork, and Bill will back me up on this, I'm sure. But, they are so overstaffed, they couldn't even, they didn't even have anyone they could send... SEVERAL COUNCILMEMBERS AT ONCE: Understaffed. MANN: Sorry, sorry, overworked, understaffed. They didn't have anyone that they could send to talk with us because they had no project or billing code to attach it to so they sent actually, like, the director. And, I just... KERSHNER: They might be more interested in this property. MANN: They might be, but I don't have a lot of faith in the ability of DNR to come up with any kind of a recreation plan and cooperate it with Whatcom County. KERSHNER: I'm just saying it's an option, and I'd like to look it, rather than judging it outright right now. MANN: Don't spend a lot of taxpayer dollars on that part. (Laughter.) KERSHNER: Okay. BRENNER: Spend it on buying the land. KERSHNER: Councilmember Knutzen. KNUTZEN: Well, I, we left that meeting with different impressions because my impression was that if the County were to add resources, we would have used the $300,00 that we've already invested in this reconveyance. We would have a first class recreation facility up there already in place. The DNR, if we pour, if we gave them the resources to do something, if we threw money at something, they were more than willing to explore options. It's just that they were, you know, I think the most disappointing thing for Whatcom County Council, 9/25/2012, Page 3 27 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 1 you was that it was going to take a year or two to do such, you know, up 2 there at the North Fork. But if we, we talked about putting EDI money 3 toward something. We talked about different options in the park with DNR, 4 Parks, yourself and myself, and the mountain bike community. And if 5 there was money, if we threw money at the DNR to do a project, some sort 6 of a recreation plan, they were more than willing to do this. I guarantee 7 you we'd get more bang for our buck than 1.2 or 1.6 million dollars that 8 we're talking about throwing it at, at this right now, so we left that meeting 9 with totally different opinions. `Cause I left there knowing that if we were 10 to give the DNR the resources to do something, they were more than 11 willing to work with us. 12 13 KERSHNER: Councilmember Brenner. 14 15 BRENNER: And unlike the North Fork, I'm pretty sure in our Lake Whatcom landscape 16 plan there is language in there about doing, if we want to, a recreation 17 easement with the DNR. And that North Fork, I mean it came at all of us 18 kind of fast. And I, I would like us to, I think that's a great idea, 19 'Councilmember Mann. I think we should .re -look at that and see if we can 20 create a recreation easement at the North Fork. 21 22 KERSHNER: I think the point of what I'm bringing up is, I think it will help us clarify 23 why and what we're doing this for, and I think that we should take a look 24 at all avenues. Councilmember Mann. 25 26 MANN: That, I actually, I do agree with what Bill said. That's true, I mean, if we 27 did throw money at DNR, the would have the resources to hire outside 28 consultants and, and do a rec plan, so, you're right. I just, my point was 29 they don't have a lot of resources as it is, but yes. If we, if we fund their 30 department, we could get a plan, I'm sure. 31 32 KERSHNER: Okay, any further discussion? Alright, all those in favor say "aye." 33 Opposed? 34 35 The motion carried by the following vote: 36 Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6) 37 Nays: Weimer (1) Whatcom County Council, 9/25/2012, Page 4 28 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 - 314 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 10/2/2012 10/9/2012 Finance Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT.• Presentation by Josh Weiss (WSAC) re: PILT and secure schools funding ATTACHMENTS: 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 must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Presentation by Josh Weiss, Washington State Association of Counties, on payment in Iiew of taxes (PILT) and secure schools funding 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. 29 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-308 CLEARANCES Initial Date. Date Received in Council Office Agenda Date Assigned to: Originator: �% 9 °Z� MED E C E � V OCT 0 2 2012 WHATCOM COUNTY COUNCIL/ Finance/Counc Division Head: )gelt_ 9121120107 Dept. Head: Prosecutor: J PunrhasingBudget: q z/ IZ Executive: TITLE OF DOC Qwest Corporation d/b/a CenturyLink QC for County's T1 Trunk Lines. ATTACHMENTS: 1. Memorandum 2. CenturyLink Bulk Rated Agreement 3. Pricing Attachment for the State of Washington 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.) 2-Year agreement for five "71" telecommunication trunk lines for inbound and outbound calls. These are regulated tariff rates governed by the Federal Communications Commission. 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. 30 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 AIA►%[•71MZ11•1111M INFORMATION TECHNOLOGY Whatcom County Courthouse 311 Grand Avenue, Suite 305 Bellingham, WA 98225-4083 PERRY L. RICE IT Manager RECEIVED SEP 2 7 2012 TO: Jack Louws, County Executive JACK LOUW$ FROM: Perry L. Rice, IT Manager COUNTY EXECUTIVE RE: Qwest Corporation d/b/a CenturyLink QC for County's T1 Lines DATE: September 21, 2012 Enclosed are two (2) originals of the contract between Whatcom County and Qwest Corporation d/b/a CenturyLink CC for your review and signature. ■ Background and Purpose Whatcom County currently has a 5-year agreement for six 71" telecommunication trunks for inbound and outbound calls that will be expiring on November 14, 2012. This contract under consideration is a 2-year agreement for five "71" telecommunication trunks. These are regulated tariff rates governed by the Federal Communications Commission. ■ Funding Amount and Source This agreement is for the amount of $3,620 per month. Funding for this agreement is included in countywide department budgets. The costs are allocated to departments via the monthly countywide telecommunications interfund bill. ■ Differences from Previous Contract The number of 71" telecommunication trunks has been reduced from six to five resulting in a countywide cost savings of approximately $8,400 per year. The term has been reduced from 5-years to 2-years to align the agreement with the time that our current phone system will need to be replaced. Please contact Perry Rice at extension 52511 if you have any questions or concerns regarding the terms of this agreement. Encl. 31 WHATCOM COUNTY CONTRACT INFORMATION SHEET "atcom County Contract No. d2&/I.D`90/� Originating Department: AS — Information Technology Contract Administrator: Perry Rice Contractor's / Agency Name: I Qwest Corporation d/b/a CenturyLink QC 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? Contract Yes _ No X If yes, RFP and Bid number(s) Cost Center: Is this contract excluded from E-Verify? No Yes A If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: X 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) Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount:(sum of orig contract amt and If a Professional Services Agreement is more than $15,000 or a Bid is more than any prior amendments) $35,000, please submit an Agenda Bill for Council approval and a supporting $ 3,620 per month memo. Any amendment that provides either a 10% increase in amount or more ($ 86,880 2-Year Total) than $10,000, whichever is greater, must also go to Council and will need an This Amendment Amount: agenda bill and supporting memo. If less than these thresholds, just submit to $ Executive with supporting memo for approval. Total Amended Amount: Scope of Services: 2-Year agreement for five "Tl" telecommunication trunk lines for inbound and outbound calls. Term of Contract: 2-Years I Expiration Date: November 14, 2014 Contract Routing Steps & Signoff. (sign or initiall (indicate date transmittedl 1. Prepared by: Tami Gee -Hardy Date 9/21/2012 [electronic] 2. Attorney reviewed: Date [electronic] 3. AS Finance reviewed: Ae f1 Date -z t -Z [electronic] 4. IT reviewed if IT related Date 9 Zo/Z [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff: gzn/- Date j 7. Contractor signed: ! Date /A G Y, 8. Submitted to Exec Office Date ci % 2 71 i [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original Returned to dept; Date 13. County Original to Council Date 32 N9 COUNTY ORIGINA� 3, ENTURYLINK ISDN PRS, DSS ADVANCED OR UAS l BULK RATED AGREEMENT —2 This Bulk Rated Agreement ("Agreement") is between Qwest Corporation d/b/a CenturyLink QC ("CenturyLink") and WHATCOM COUNTY ("Customer") and is effective on the date CenturyLink signs it ("Effective Date"). CenturyLink will provide, and Customer will purchase Bulk Rated Integrated Services Digital Network Primary Rate Service ("ISDN PRS"), Digital Switched Service with Advanced trunks ("DSS Advanced") or Uniform Access Solution Service ("UAS") (individually and collectively referred to as "Service") under this Agreement. Service will be governed by: (a) the Tariff applicable to Service; and (b) to the extent a comparable Tariff term or condition does not apply to Service, the terms and conditions set forth in this Agreement. "Tariff" includes as applicable: CenturyLink state tariffs, price lists, price schedules, administrative guidelines, catalogs, and rate and term schedules incorporated by this reference and posted at http://www.centurylink.corn/tariffs. Service is subject to technical publication 77400 located at http://gwest.centurylink.com/techpub/ ("Tech Pub"). 1. Scope. 1.1 ISDN PRS. If Customer purchases ISDN PRS, CenturyLink will provide digital intraLATA, intrastate, switched local exchange telecommunications service utilizing ISDN PRS technology that transports and distributes voice, data, image, and facsimile communications separately or simultaneously over the public, switched, local exchange network. An ISDN PRS circuit includes a DS1 facility, an ISDN PRS service configuration, and trunks. ISDN PRS operates at 1.544 megabits per second (Mbps). ISDN PRS may be configured as 23 B channels and one D channel, 24 B channels only (24B), or 23 B channels and one back-up D channel (23B+BLID). Each B channel transmits voice or data at 64 kilobits per second (Kbps). The D channel carries signaling information at 64 Kbps. 1.2 ISDN PRS-UAS. If Customer purchases ISDN PRS, Customer may also select Uniform Access Solution service as an optional feature as that service is defined in the Tariff under Primary Rate Service. An ISDN PRS-UAS circuit provides digital service with single -number route indexing, which includes a DS1 facility with common equipment, and a network connection which provides for local exchange, toll network access. Each DS1 facility utilizes the channels configured as: (a) In -only trunking; or (b) Two-way trunking. 1.3 DSS Advanced. If Customer purchases DSS Advanced, CenturyLink will provide Customer with a circuit that includes a digital DS1 facility, common equipment to interconnect with CenturyLink's local exchange switching office and advanced, flat usage trunks and DID trunk termination for access to the local exchange and toll networks. DSS Advanced operates at a maximum speed of 1.544 Mbps. 1.4 UAS. If Customer purchases UAS, CenturyLink will provide Customer with a digital circuit with single -number route indexing, which includes a DS1 facility with common equipment, and a network connection which provides for local exchange, toll network access. Each DS1 facility utilizes the channels configured as: (a) In -only trunking; or (b) Two-way trunking. 1.5 Information Service Providers. Customer represents and warrants that it (check one box): ® IS NOT a provider of "information service," as that term is defined in 47 U.S.C. §153 (24). ❑ IS a provider of "information service," as that term is defined in 47 U.S.C. §153 (24), and that ISDN PRS under this Agreement WILL NOT be used to provide information service to its End Users, including but not limited to termination or origination of Voice over Internet Protocol ("VoIP"). "End Users" means any entity to which Customer provides information service. If at any time during the Term of this Agreement this representation and warranty is no longer accurate, Customer agrees to notify CenturyLink and execute an amendment to add the ISP Certification Addendum. ❑ IS a provider of "information service", as that term is defined in 47 U.S.C. §153 (24), and that ISDN PRS under this Agreement WILL be used to provide information service to its End Users, including but not limited to termination or origination of Voice over Internet Protocol ("VoIP") and therefore agrees to the additional terms and conditions set forth in the ISP Certification Addendum attached hereto and incorporated herein by reference. "End Users" means any entity to which Customer provides information service. 1.6 Use of Service. Customer represents and warrants that it will use ISDN PRS and its optional features for communication purposes only. If CenturyLink determines that ISDN PRS or any optional feature is being used inappropriately, CenturyLink may disconnect the ISDN PRS service or feature without notice in accordance with any applicable termination provision of the Tariff, and the Termination Charges specified in the Termination section below may apply. 2. Term. 2.1 This Agreement will expire 24 months from the date Service is available to Customer under this Agreement, as evidenced by CenturyLink records ("Term"). The Minimum Service Period for Service is 12 months from the date Service is available for use ("Minimum Service Period"). Any Service installed for 12 consecutive months prior to the Effective Date of this Agreement will be deemed to have met the Minimum Service Period. 2.2 Should CenturyLink continue to provide Service after this Term without a further agreement, the service charges will convert to the applicable month -to -month rate under the terms and conditions of the applicable Tariff, or in its absence, this Agreement. 3. Service Provided. 3.1 CenturyLink will provide and maintain Service at the locations and in the quantities specified in the Pricing Attachment(s), incorporated herein by this reference, and as requested on any subsequent order for Service or amendment to this Agreement. 3.2 CenturyLink will notify Customer of the date Service is available for use. In the event Customer informs CenturyLink that it is unable or unwilling to accept Service at such time, the subject Service will be held available for Customer for a period not to exceed 30 Page 1 of 5 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.051512 33 CENTURYLINK ISDN PRS, DSS ADVANCED OR UAS BULK RATED AGREEMENT business days from such date ("Grace Period"). If after the Grace Period, Customer still has not accepted Service, CenturyLink may either: (a) commence with regular monthly billing for the subject Service; or (b) cancel the subject Service. If Customer cancels an order for Service prior to the date Service is available for use, or is unable to accept Service during the Grace Period and CenturyLink cancels Service at the end of the Grace Period, the Tariff cancellation charges may apply. 4. Charges and Billing. 4.1 Customer will pay the total monthly recurring charges ("MRC") and nonrecurring charges ("NRC") for Service specified in the Pricing Attachment(s). For Service requested on any subsequent orders or amendments to this Agreement, Customer will also pay the total MRC and NRC specified on the subsequent orders or amendments. The MRC will not change during the Term of this Agreement. Customer must pay CenturyLink all charges by the payment due date on the invoice. Any amount not paid when due will be subject to late interest specified by the Tariff, or if there is no such late interest specified in the Tariff, the amount due will be subject to late interest at the lesser of 1.5% per month or the maximum rate allowed by law. In addition to payment of charges for Service, Customer must also pay CenturyLink any applicable Taxes assessed in connection with Service. "Taxes" means federal, state and local excise, gross receipts, sales, use, privilege, or other tax (other than net income) now or in the future imposed by any governmental entity (whether such Taxes are assessed by a governmental authority directly upon CenturyLink or Customer) attributable or measured by the sale price or transaction amount, or surcharges, fees, and other similar charges that are required or permitted to be assessed on Customer. These charges may include state and federal Carrier Universal Service Charges, as well as charges related to E911, and Telephone Relay Service. Taxes may vary and are subject to change. CenturyLink reserves the right to charge administrative fees when Customer's payment preferences deviate from CenturyLink's standard practices. 4.2 Charges for Service under this Agreement, including any and all discounts to which Customer may be entitled, will be offered and charged to Customer independently from and regardless of Customer's purchase of any customer premises equipment or enhanced services from CenturyLink. 4.3 If Service is not available in Customer's wire center, standard interoffice private line mileage charges ("Mileage MRC" and "Mileage NRC") for transport between switches will apply in addition to the rates and charges for Service. 5. Customer Responsibilities for 911 Call Routing. 5.1 If Customer purchases ISDN PRS or DSS Advanced under this Agreement, Customer understands and acknowledges that the PBX's main number Automatic Number Identification (ANI) may be forwarded to a Public Safety Answering Point ("PSAP") during a 911 call. DID digits assigned to a PBX station may not be used for 911 calls unless an Automatic Location Identification (ALI) record has been created for the DID number. 5.2 Customer's PBX must be capable of recognizing "911" or "9911" digits as a complete dialing sequence, and routing those calls as an outbound local call. 5.3 Customer hereby agrees to release CenturyLink from any liability if an incorrect telephone number is forwarded to a PSAP as a result of PBX, ISDN PRS or DSS Advanced signaling parameters set by Customer. 6. Service Changes. 6.1 Moves. Customer may move the physical location of all or part of Service to another location within a CenturyLink serving area, provided the following conditions are met; (a) Service moved to the new location is provided to Customer by CenturyLink; (b) Customer advises CenturyLink that Service at the new location replaces the existing Service; (c) Customer's request for disconnection of the existing Service and installation of Service at the new location are received by CenturyLink on the same date; (d) Customer requests that CenturyLink install Service at the new location on or prior to the disconnection date of the existing Service; and (e) Customer agrees to pay all applicable rates and charges for the requested move and Service at the new location. 6.2 Additions to Service. Service may be added up to 12 months prior to the expiration date of this Agreement at the rates specified herein. CenturyLink will supply such additions to Customer, subject to the following conditions: (a) the necessary facilities are available, as determined by CenturyLink, to provide Service; and (b) a new Minimum Service Period is established for each new addition to Service. If Service being added is not itemized in a Pricing Attachment, Customer agrees to execute a written amendment evidencing such addition to Service. 6.3 Additions During Last 12 Months of Term. Service ordered during the last 12 months of the Term must be added (a) pursuant to a new agreement that may include the existing Service; or (b) on a month -to -month basis at the rates in effect in the Tariff. 7. Termination. 7.1 Either party may terminate this Agreement in accordance with the applicable Tariff or for Cause. "Cause" means the failure of a party to perform a material obligation under this Agreement, which failure is not remedied: (a) for payment defaults by Customer, within five days of separate written notice from CenturyLink of such default (unless a different notice period is specified in the Tariff); or (b) for any other material breach, within 30 days of written notice (unless a different notice period is specified in the Tariff or this Agreement). Customer will remain liable for charges accrued but unpaid as of the termination date. 7.2 If, prior to the conclusion of the Term, this Agreement is terminated either by CenturyLink for Cause or by Customer for any reason other than Cause, then Customer will also be liable for 100% of the MRC for terminated Service times the number of months (or fraction thereof) remaining (if any) in the Minimum Service Period, and 50% of the MRC times the number of months (or fraction thereof) remaining in the Term after the Minimum Service Period ("Termination Charge"). Page 2 of 5 © CenturyLink, Inc_ All Rights Reserved. CONFIDENTIAL v1.051512 34 CENTURYLINK ISDN PRS, DSS ADVANCED OR UAS BULK RATED AGREEMENT 7.3 A Termination Charge will be waived when all of the following conditions are met: (a) Customer discontinues Service and signs a new service agreement(s) for any other CenturyLink provided service(s); (b) the new service agreement(s) have a total value equal to or greater than 115% of the remaining prorated value of the existing agreement(s) (excluding any special construction charges, applicable nonrecurring charges, or previously billed but unpaid recurring and nonrecurring charges); (c) Customer places the orders to discontinue Service and establish new service at the same time (within 30 calendar days of each other if service is in New Mexico); (d) the new service(s) installation must be completed within 30 calendar days of disconnection of Service, unless such installation delay is caused by CenturyLink; and (e) a new minimum service period goes into effect, if applicable, when the new service agreement term begins. The waiver does not apply to changes between regulated and unregulated or enhanced products and services. 8. Confidentiality. Neither party will, without the prior written consent of the other party: (a) disclose any of the terms of this Agreement; or (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, this Agreement) the Confidential Information of the other party. "Confidential Information" means any information that is not generally available to the public, whether of a technical, business, or other nature, and that: (a) the receiving party knows or has reason to know is confidential, proprietary, or trade secret information of the disclosing party; or (b) is of such a nature that the receiving party should reasonably understand that the disclosing party desires to protect the information from disclosure. Confidential Information will not include information that is in the public domain through no breach of this Agreement by the receiving party or is already known or is independently developed by the receiving party. Each party will use reasonable efforts to protect the other's Confidential Information, and will use at least the same efforts to protect such Confidential Information as the party would use to protect its own. CenturyLink's consent may only be given by its Legal Department. A party may disclose Confidential Information if required to do so by a governmental agency, by operation of law, or if necessary in any proceeding to establish rights or obligations under this Agreement. 9. Use of Name and Marks. Neither party will use the name or marks of the other party or any of its Affiliates for any purpose without the other party's prior written consent. CenturyLink's consent may only be given by its Legal Department. "Affiliate" means any entity controlled by, controlling, or under common control with a party. 10. Out -of -Service Credit. If CenturyLink causes a Service interruption, an out -of -service credit will be calculated under the state local exchange Tariff. If there is no applicable Tariff and the interruption lasts for more than 24 consecutive hours after CenturyLink receives notice of it, CenturyLink will give Customer credit calculated by dividing the monthly rate for the affected Service by 30 days; and then multiplying that daily rate by the number of days that Service was interrupted_ 11. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SERVICE IS PROVIDED "AS IS." CENTURYLINK DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT. 12. Limitations of Liability. The remedies and limitations of liability for any claims arising between the parties are set forth below. 12.1 Consequential Damages. NEITHER PARTY OR ITS AFFILIATES, AGENTS, OR CONTRACTORS IS LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS, LOST REVENUES, LOST DATA, LOST BUSINESS OPPORTUNITY, OR COSTS OF COVER. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF FORESEEABILITY. 12.2 Claims Related to Service. For Service related claims by Customer, Customer's exclusive remedies are limited to the applicable out -of -service credits, if any. 12.3. Personal Injury; Death; Property Damages. For claims arising out of personal injury or death to a party's employee, or damage to a party's real or personal property, that are caused by the other party's negligence or willful misconduct in the performance of this Agreement, each party's liability is limited to proven direct damages. 13. Miscellaneous. 13.1 General. This Agreement's benefits do not extend to any third party (e.g., an End User). "End User" means Customer's members, end users, customers, or any other third parties who use or access Service or the CenturyLink network via the Service. If any term of this Agreement is held unenforceable, the remaining terms will remain in effect. Neither parry's failure to exercise any right or to insist upon strict performance of any provision of this Agreement is a waiver of any right under this Agreement. The terms and conditions of this Agreement regarding confidentiality, limitation of liability, warranties, payment, dispute resolution, and all other terms of this Agreement that should by their nature survive the termination of this Agreement will survive. Each party is not responsible for any delay or other failure to perform due to a Force Majeure Event. "Force Majeure Event" means an unforeseeable event beyond the reasonable control of that party, including without limitation: act of God, fire, explosion, lightning, hurricane, labor dispute, cable cuts by third parties, acts of terror, material shortages or unavailability, government laws or regulations, war or civil disorder, or failures of suppliers of goods and services. Customer may not assign this Agreement or any of its rights or obligations under this Agreement without the prior written consent of CenturyLink, which consent will not be unreasonably withheld. Customer may not assign to a reseller or a telecommunications carrier under any circumstances. 13.2 Conflicts Provision. If a conflict exists among provisions within this Agreement, the following order of precedence will apply in descending order of control: Tariff, this Agreement, the Tech Pub and CenturyLink records. 13.3 Independent Contractor. CenturyLink provides the Service as an independent contractor. This Agreement will not create an Page 3 of 5 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.051512 35 CENTURYLINK ISDN PRS, DSS ADVANCED OR UAS BULK RATED AGREEMENT employer -employee relationship, association, joint venture, partnership, or other form of legal entity or business enterprise between the parties, their agents, employees or affiliates. 13.4 ARRA. Customer will not pay for the Service with funds obtained through the American Recovery and Reinvestment Act or other similar stimulus grants or loans that would obligate CenturyLink to provide certain information or perform certain functions unless each of those obligations are explicitly identified and agreed to by the parties in this Agreement or in an amendment to this Agreement. 13.5 HIPAA. CenturyLink does not require or intend to access Customer data in its performance hereunder, including but not limited to any confidential health related information of Customer's clients, which may include group health plans, that constitutes Protected Health Information ("PHI"), as defined in 45 C.F.R. §160.103 under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA Rules"). Any exposure to PHI will be random, infrequent and incidental to Centuryl-ink's provision of Service and is not meant for the purpose of accessing, managing the PHI or creating or manipulating the PHI. Such exposure is allowable under 45 CFR 164.502(a)(1)(iii). As such, if Customer is a Covered Entity or Health Care Provider under the HIPAA Rules or supports the health care industry, CenturyLink and Customer agree that CenturyLink is not a "Business Associate" or "Covered Entity" under the HIPAA Rules for the purposes of this Agreement. 13.6 Credit Approval. Provision of Service is subject to Centuryl-ink's credit approval of Customer. As part of the credit approval process, CenturyLink may require Customer to provide a deposit or other security. Additionally during the Term, if Customer's financial circumstance or payment history becomes reasonably unacceptable to CenturyLink, CenturyLink may require adequate assurance of future payment as a condition of continuing Centuryl-ink's provision of Service. Customer's failure to provide adequate assurances required by CenturyLink is a material breach of this Agreement. CenturyLink may provide Customer's payment history or other billing/charge information to credit reporting agencies or industry clearinghouses. 13.7. Governing Law; Dispute Resolution. (a) Governing Law; Forum. Colorado state law, without regard to choice -of -law principles, governs all matters relating to this Agreement, except with regard to matters which are within the exclusive jurisdiction of the state or federal regulatory agency. Any legal proceeding relating to this Agreement will be brought in a U.S. District Court, or absent federal jurisdiction, in a state court of competent jurisdiction, in Denver, Colorado. This provision is not intended to deprive a small claims court or state agency of lawful jurisdiction that would otherwise exist over a claim or controversy between the parties. (b) Waiver of Jury Trial and Class Action. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a jury trial and any right to pursue any claim or action relating to this Agreement on a class or consolidated basis or in a representative capacity. If for any reason the jury trial waiver is held to be unenforceable, the parties agree to binding arbitration for any dispute relating to this Agreement under the Federal Arbitration Act, 9 U.S.C. § 1, et. seq. The arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules. Judgment upon the arbitration award may be entered in any court having jurisdiction. (c) Limitations Period. Any claim relating to this Agreement must be brought within two years after the claim arises. 13.8 No Resale; Compliance. Customer must not resell the Service and its use of Service must comply with all applicable laws. 13.9 Amendments; Changes. This Agreement may be amended only in a writing signed by both parties' authorized representatives. Each party may, at any time, reject any handwritten change or other alteration to this Agreement. CenturyLink may amend, change, or withdraw the Tariffs, with such updated Tariffs effective upon posting or upon fulfillment of any necessary regulatory requirements. 13.10 Required Notices. Unless provided otherwise in this Agreement, all required notices to CenturyLink must be in writing, sent to 1801 California St., #900, Denver, CO 80202; Fax: 888-778-0054; Attn.: Legal Dept., and to Customer at its then current address as reflected in Centuryl-ink's records Attn.: General Counsel or other person designated for notices. All notices are effective: (a) when delivered via overnight courier mail or in person to the recipient named above; (b) three business days after mailed via regular U.S. Mail; or (c) when delivered by fax if duplicate notice is also sent by regular U.S. Mail. Page 4 of 5 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.051512 36 CENTURYLINK ISDN PRS. DSS ADVANCED OR UAS BULK RATED AGREEMENT 13.11 Entire Agreement This Agreement (Including all referenced documents) conedli tes to entire agreement between the parties and supersedes all prior oral or written agreements or understandings relating to the same service or circuits at the same locations as covered under this Agreement. Using CenturyUnk's a ectronlc signature process for flab Agreement is acceptable. WHATCOM COUNTY 6SeC. a+la chCdJ Authorized Signature Name Typed or Printed Title Date Address for Notices: 311 GRAND AVE STE 806, BELUNGMAM, WA 98225 Corporation dlbla CenturyUnk GC A ture fa c �rf r/re Name Printed Title Pricing Attachments must be InhWed by Customer and Included with this signed Agreement for It to be valid. P 5015 O CenturyUnk, Inc. AN Rights Reserved. CONDENTIAL v1.061612 37 WHATCOM COUNTY: Recommended four Approval: IT Mana er Date Approved as to form: I- R L-� -M M) I )I y Prosecuting Attorney ate Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2012, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof_ NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CENTURYLINK ISDN PRS, DSS ADVANCED OR UAS BULK RATED AGREEMENT PRICING ATTACHMENT FOR THE STATE OF WASHINGTON WHATCOM COUNTY Customer Term: 24 months Service / MRC / (USOC) NRC AQCB # InWmal use Only. DSS ADV TRUNK DS1 / $625 / (4D1 DV) $0.00 Service Location including City and State Circuit IDor or Qt , y Total MRC per Location 311 GRAND AVE, BELLINGHAM, WA 206-T81-3291-534 1 $625.00 311 GRAND AVE, BELLINGHAM, WA 206-T81-5671-035 1 $625.00 311 GRAND AVE, BELLINGHAM, WA 206-T41-4396-039 1 $625.00 311 GRAND AVE, BELLINGHAM, WA 206-T81-5672-052 1 $625.00 311 GRAND AVE, BELLINGHAM, WA 206-T02-8625-573 1 $625.00 $3,125.00 Mileage -related Components and Charges (If applicable): Customer Address Circuit ID or BTN Description Qty Mileage Mileage (USOC) MRC/each NRC/each ..�,.....�qy.:.... . i **NRCs will not apply to renewals of existing Service installed as of the Effective Date. NRCs will only apply to new may include moves of existing service. Customer Initials: Date Page 1 of 1 CONFIDENTIAL which © Centuryl-ink, Inc. All Rights Reserved. 0.051812 39 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-309 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: `j q .2.5 �� W E C E � n v „ E © inance/Counc Division Head: OCT 0 2 2012 WHATCOM COUNTY COUNCIL Dept. Head: Prosecutor: ) �q( �G 'l L Purchasing/Budget: / IL- Executive: TITLE OF DOCf M Contract Agreement between Whatcom County and Norstan Communications, Inc., d/b/a Black Box Network Services. ATTACHMENTS: 1. Memorandum 2. Information Sheet 3. Amendment 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.) Comprehensive Service Plan for Ericsson MX One telephone and voice mail systems for the period of January 1, 2013 through December 31, 2014. 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. Ll M, WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 MEMORANDUM INFORMATION TECHNOLOGY Whatcom County Courthouse 311 Grand Avenue, Suite 305 Bellingham, WA 98225-4083 PERRY L. RICE IT Manager RECEIVED F SEP 2 7 2012 TO: ,lack Louws, County Executive JACK LOUWS FROM: Perry L. Rice, IT Manager 'j'W/l COUNTY EXECUTIVE RE: Renewal of Norstan Communications, Inc d/b/a Black Box Contract for the Ericsson MX One Telephone & Voice Mail Systems DATE: September 26, 2012 Enclosed are two (2) original contract amendments for contract number 200811022 and amendment number 200811022-1 between Norstan Communications, Inc. d/b/a Black Box and Whatcom County for your review and signature. ■ Background and Purpose "Fhis contract amendment provides continuation of telephone equipment and voicemail system maintenance for an additional two years (January 1, 2013 through December 31, 2014). This would align support to end at the time when our current phone system will need to be replaced. This contract amendment also decreases the annual maintenance by $2,721.00 per year following a countywide effort to audit and reduce -the number of phone extensions in use. ■ Funding Amount and Source The total amended amount would be $127,512.00 ($63,756.00 per year). Funding is currently appropriated in the Division of Information Technology's base budget. ■ Differences from Previous Contract This amendment extends the current contract for two years and reduces -the annual amount by $2,721.00 per year. Please contact Perry Rice at extension 52511, if you have any questions or concerns regarding the terms of this agreement, Encl. 41 Whatcom County Contract No. 200811022-2 WHATCOM COUNTY CONTRACT INFORMATION SHEET Originating Department: AS -Division of Information Technology Contract Administrator: Perry Rice Contractor's / Agency Name: Norstan Communications, Inc. d/b/a Black Box Network Services Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes No X Yes X No If yes, previous number(s)): 200811022, 200811022-1_ Is this a grant agreement? Yes No X If yes, grantor agency contract number(s) CFDA # 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 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) Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FHWA X Other - Maintenance Agreement on Existing Telephone and Voice Mail System 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 $ 268,134.00 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 $ 127, 512.00 ($63, 756.00 per year) 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 $ 395,646.00 (6-Year Total) memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] Renews and extends the term of the Comprehensive Service Plan for the Ericsson AM One telephone and voice mail systems for the period of January 1, 2013 through December 31, 2014, and decreases the maximum consideration amount by $5, 442.00 ($2, 721.00 per year) due to an decrease in the number of ports in use from 1775 to 1700. Term of Contract: 2 years I Expiration Date: December 31, 2014 Contract Routina Stern & Sip-noff. [sign or initiall (indicate date transmitted 1. Prepared by: Tami Gee -Hardy Date 9/24/2012 [electronic] 2. Attorney reviewed Date [electronic] 3. AS Finance reviewed ALeeM52& Date 17'76' i z [electronic] 4. IT reviewed if IT related PcOA Date 2S" IA [electronic] 5. Corrections made Date [electronic] hard copy printed 6. Attorney signoff e-,(r-i—J 7. Contractor signed i 8. Submitted to Exec Office 11 /:J-7 h �2- 9. Council approved (if necessary) 10. Executive signed 11. Contractor Original Returned to dept. 12. County Original to Council Date 5 lit Date Date t? /,I' 7 ---[summary via electronic; hardcopies] Date Date Date Date 42 Whatcom County Contract No. 200811022-2 Amendment No. 2 Whatcom County Contract No. 200811022 CONTRACT BETWEEN WHATCOM COUNTY AND NORSTAN COMMUNICATIONS, INC. d/b/a BLACK BOX NETWORK SERVICES THIS AMENDMENT is to the Contract between Whatcom County and Norstan Communications, Inc. d/b/a Black Box Network Services, dated November 24, 2008, and designated "Whatcom County Contract No.200811022 and as amended by 200811022-1 dated December 15, 2010". In consideration of the mutual benefits to be derived, the parties agree to the following: This Amendment extends the term of this Agreement through December 31, 2014, and increases the maximum consideration by $127,512.00 to a total consideration of $395,646.00, and also amends Schedule A Periodic Services which is attached hereto and incorporated by reference. Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full force and effect. The funding for the total contract period 1/1/2009—12131/2014 is not to exceed $395,646.00. This Amendment takes effect 1/1/2013, regardless of the date of signature. IN WITNESS WHEREOF, Whatcom County and Norstan Communications, Inc. d/b/a Black Box Network Services have executed this Amendment on the date and year below written. DATED this day of , 2012. Steve Kitchen, Director Norstan Communications, Inc. d/b/a Black Box Network Services 5050 Lincoln Drive, Suite 300 Minneapolis, MN 55436 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2012 before me personally appeared Steve Kitchen to me known to be the Director of Financial Planning of the Norstan Communications, Inc. d/b/a Black Box Network Services 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 43 WHATCOM COUNTY: Recommended for Approval- IT Man ger Date Approved as to form: Prosecuting Attorne Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2012 before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Norstan Communications, Inc. d/b/a Black Box Network Services Steve Kitchen, Director 5050 Lincoln Drive, Suite 300 Minneapolis, MN 55436 Contact Name:. Jay Ivey Black Box Network Services 432 N. 44"h St., Suite 200 Phoenix, AZ 85008 Contact Phone: 602-267-3322 Contact FAX: 952-352-1779 Email: Jay. Ivey@ blackbox-vs.com SCHEDULE A PERIODIC SERVICES BLACK BOX NIM AIMS Page No. 1 of 3 Master Agreement No.16554 Customer No. 109706 Whatcom County Information Systems (customer) hereby orders, and Norstan Communications, Inc. d/b/a Black Box Network Services ("Black Box") agrees to provide, the Periodic Services listed in this Schedule A. Customer Invoice Address: Whatcom County Information Services 311 Grand Avenue Suite B07 Bellingham, WA 98225-4038 Initial Term of Services: January 1, 2013 — December 31, 2014 Services Commencement Date: 0110112013 Total Annual Price: $63,766.00 Attached Exhibits: Periodic Services Policy Comprehensive Service Plan Ericsson Support Solutions Services Address (Premises): Same Payment Terms: X Quarterly (by quarter end) Quotation Expiration Date: 12/30/2012 By signing this Schedule A, Black Box and the Customer agree that the terms of the referenced Master Agreement for Products and Services and the referenced Exhibit(s) and Schedule(s) attached hereto apply to the Services listed in this Schedule A. This Schedule A is subject to acceptance by Black Box. The Prices in this Schedule A are valid until the Quotation Expiration Date specified above. The Services and their respective Prices are set forth in this Schedule A beginning on the next page. Customer: Whatcom County Information Services Signature Printed Name Title Date Norstan Communications, Inc. d/b/a Black Box Network Services Signature Printed Name Title Date SA-PERI-01-03 (10/05) 45 Service Plans Selected: Comprehensive * . I BLACK BOIC IF OWOR C SERVICES SCHEDULE A PERIODIC SERVICES SERVICE OPTIONS Options Selected: Multi Year Discount 8% EQUIPMENT COVERED, S/N, QUANTITY AND PERIODIC PRICE Comprehensive Service Offering Page No. 2 of 3 Hardware Per Port Item Description Ports/Units Monthly Monthly Annual 1 Ericsson MX One Telephony Server Port Count 1700 $325 $5,525.00 $66,300.00 2 Ericsson OneBox / MX One Messaging Total $250.00 $3,000.00 Annual Maint. Total $69,300.00 Multi Year Discount 8% ($5,544.00) Year 1 Annual Total January 1, 2012 —December 31, 2012 $63,766.00 Year 2 Annual Total January 1, 2013 —December 31, 2013 $63,766.00 OTHER TERMS APPLICABLE TO THIS SCHEDULE 1) In the EXHIBIT PERIODIC SERVICES POLICY Section 1. TERM OF SERVICES, delete the second sentence of the first paragraph and replace with "Such Periodic Services will not be renewed automatically at the end of the initial term." 2) System Port Count — The Maintenance Fee set forth in this Schedule A is based on the system's port count and peripheral equipment attached hereto. Norstan d/b/a Black Box shall re-evaluate Customer's port count and peripheral equipment on a yearly basis. Norstan d/b/a Black Box shall notify Customer in writing of all yearly port count increases or decreases and peripheral equipment changes, and any related increase or decrease in the monthly Maintenance Fee. SA-PERI-01-03 (10/05) 46 s SCHEDULE A PERIODIC SERVICES Page No. 3 of 3 Onsite Moves, Adds and Changes or Repair Services Contract Customer 8-5 Business Day* $112 per hour Evenings and Saturday" $168 per hour and Holidays $224 per hour -Sunday User Training $112 per hour System Administration Training $112 per hour Project Management $125 per hour $125 per hour -EngineeringSupport Minimum hours billed 1 Legend: * 8:00 am — 5.00 pm Monday through Friday ** 5:01 pm — 7:59 am Monday through Friday and all day Saturday SA-PERI-01-03 (10/05) 47 BLACK B®XC NE'TWORK SERVICES EXHIBIT PERIODIC SERVICES POLICY This Exhibit describes our Periodic Services Policy for the Periodic Services which you ordered on a Schedule A to the Master Agreement for Products and Services which references this Exhibit. The terms, conditions and features for such Periodic Services, which include any Service Plans referenced on a Schedule A, may vary depending on the location where the Service is provided, and we will notify you if this occurs. 1. TERM OF SERVICES The initial term for the Periodic Services will be noted on Schedule A and renewed automatically at the end of the initial term at our then -current rates for successive terms equal to the initial term unless either party gives the other thirty (30) days prior written notice of its intent not to renew. We may modify the terms of this Exhibit or a Service Plan upon sixty (60) days prior written notice which shall become effective unless you notify us otherwise in writing at least thirty (30) days prior thereto. THE INITIAL TERM FOR THE PERIODIC SERVICES AND ANY RENEWAL TERM ARE NON -CANCELABLE EXCEPT AS PROVIDED IN SECTION 6 HEREIN. 2. COVERAGE HOURS Coverage Hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding our recognized holidays, unless otherwise noted in the Service Plan referenced on Schedule A. You may change Coverage Hours consistent with your current Service Plan at the beginning of any billing period with a minimum of thirty (30) days prior written notice. 3. .BLACK BOX RESPONSIBILITIES We will prepare a Schedule A listing the Products which will be covered under this Periodic Services Policy. The Product listing and the corresponding invoice amount may be adjusted at our option every thirty (30) days to reflect any inventory changes. We will perform and respond to all calls for Corrective Maintenance placed during Coverage Hours in accordance with the applicable Service Plan(s) referenced on the Schedule A. Time will be measured on coverage days only. All maintenance may be performed on -site or from a remote location as determined by us. We will provide new parts or like -new parts necessary to repair the Products. All replaced defective parts will become our property. Tools, test equipment and maintenance materials necessary for performance of the Periodic Services will be provided by us. Our obligations are subject to manufacturer's discontinuation of Product(s) and/or Services. In such event, we agree to meet with you to discuss altemative solutions and pricing which may include, but are not limited to, altemative products, T&M maintenance or upgrades. We will change the maintenance level passwords in accordance with our established security policy. These passwords are for the use of our service personnel. We may provide this password to the manufacturer of the Product only for escalated technical support from the manufacturer. If you elect to complete manufacturer certification, we will create a system administration password for your use to perform agreed upon tasks with the database configuration as outlined within our security policy. Except as noted herein, the parties agree not to disclose these passwords without obtaining the prior written consent of the other party. Black Box s security policy is available upon request. Black. Box reserves the right to modify its security policy without notice to you. Black Box is not responsible for the back up, or security, of Customer's information system(s). Black Box s services shall be provided in accordance with Black Box s standard practices, including but not limited to the implementation and utilization of remote access. Variations from Black Box's standards requested by the Customer may be subject to an additional charge. Black Box shall provide prior notice to the Customer of any additional charges under this section which shall be mutually agreed to by the parties. 4. CUSTOMER RESPONSIBILITIES You shall designate one individual and an altemate to be responsible for coordinating and reporting service calls to us and for assisting us in identifying and/or isolating problems as reasonably requested by us. You agree to permit or arrange for access to the Premises for our service personnel and to provide remote access to the Products for service purposes. In addition, you agree to provide space at or near the Products for storage of miscellaneous pieces, parts and drawings, and to furnish adequate utilities and building services as reasonably required by us at your expense. If requested by Black Box, Customer agrees to implement, install and update Software Owner recommended virus protection software, policies and procedures. For Convergence and Voice Products, you will be responsible, if requested by us, to provide an up-to-date directory listing for all telephones indicating extension number, name of employees, functional title and location. For CTI/IDN Products, you shall provide a Black Box -approved power conditioner to support the contracted network server and other critical components. It is your responsibility to maintain backup media, systems and procedures sufficient to meet your intemal restoration time requirements. In the event of your default under this Periodic Services Policy or the applicable Schedule A, and in addition to our other remedies, we may immediately cease performance. 5. ENVIRONMENTAL CONDITIONS As a precondition to our duty to provide Periodic Services, you agree to provide and maintain the Premises in compliance with all applicable laws and regulations and according to the environmental specifications established by us and/or the manufacturer. If either party becomes aware of asbestos, hazardous materials or concealed conditions on your Premises, such party agrees to notify the other party promptly, and it shall be your responsibility to correct all such conditions. We reserve the right to cease performing Services after notice to you f, in our reasonable judgment, our ability to perform such Services properly and safely is unduly hampered by your acts or omissions, or workplace conditions on the Premises. You acknowledge that the Products serviced here under are by no means invulnerable to network interference or to fraudulent or unauthorized calls or access, and any such charges shall be your responsibility. S. RELOCATION OF PRODUCTS Upon ninety (90)_ days prior written notice, you may, at your expense, relocate and re -install the Products. If re -installation occurs within the established travel zone of one of our offices, this Periodic Services Policy will remain in effect. If re- installation of a Product(s) is beyond any such established travel zone, this Periodic Services Policy shall terminate for such Product(s) without further obligation or liability to either party, except for payments then due through the relocation date or ninety (90) days after notice, whichever is later. 7. BILLABLE SERVICEIEXCLUSION FROM SERVICE In addition to the charges set forth on Schedule A, you will be billed at our current T&M rates for service performed by us due to any of the following circumstances: a) Your failure to follow our and/or the manufacturer's maintenance or operation instructions for the Product; b) corrective action required as a result of Customer application of Software Owner provided software patches, fires or updates prior to Black Box's. validation; c) theft, strikes, riots, vandalism, acts of war, lightning, water, fire and other perils; d) work performed by persons other than our personnel or without our supervision; e) shock, corrosive atmosphere, electrical damage, accident, air conditioning or humidity control failure; f) service calls necessitated by products not serviced by us; g) normal wear and tear of disposable items such as headsets, magnetic tapes, wet cell batteries, and operating media; h) service requested outside of Coverage Hours or on an expedited basis; i) time required to identify or isolate a problem due to a patch, alteration or repair made by you without our prior written consent; j) any cause other than your ordinary and proper use of the Products; k) work on Customer's system resulting from the presence of a virus; 1) services required to accommodate Customer's modifications to network configuration and/or additions of non -Black Box approved or provided hardware or software; or m) backup restoration time. We reserve the right, at your expense and at our current T&M rates, to inspect any product that has not been serviced by us immediately prior to the Effective Date of this Periodic Services Policy and to require that any nonconforming product meet our and/or the original manufacturer's specifications. If you permit access to the intemal components of the Products to anyone other than our employees, agents or subcontractors without our prior written permission, we may, in addition to any other remedies, cancel this Periodic Services Policy, and all future service will be provided at our then current T&M rates. Labor and materials for moves, adds and changes are not included in this Periodic Services Policy. PSP-01-08 (08/05) Page 1 of 1 48 ��: BLACK BOIC ICI ORK SMICEs ProtecNet@ COMPREHENSIVE SERVICE PLAN AASTRA SUPPORT SOLUTIONS The Customer Solutions Center will provide remote diagnostics and resolve the problem or dispatch on - site assistance if needed. The Comprehensive Plan includes all parts, labor, priority response and emergency protection for major failures. SERVICE FEATURES SUPPORT FROM ' • One Toll -Free 800 # or via CSC.com for SINGLE SERVICE all Service Requests PROVIDER • Materials • Labor Included During Coverage Hours • Corrective Maintenance • Preventive Maintenance (Per Manufacturer Specification) • Remotely Diagnose Problem ** • Dispatch On -Site as Needed • Remote Polling (provided as available) • Black Box Network Services Technical Assistance Center • Flexible Scheduled Downtime ***** • Telesupport • Work to Completion/Continuous Effort - Majors • Remote Software Moves, Adds, and Changes (MACs) are Billable • Alarm Monitoring (24x7) • Manufacturer Corrective Software Updates • 24 Hour x 7 Day Customer Solutions Center *** DEFINED SERVICE • Coverage Hours 7am-7pm, Monday- 0 Black Box Network Services Holidays RESPONSE TIME Friday Included • 24x7 Emergency Protection for Major • Non -Emergency Service is Available Failures Outside Coverage Hours at Current Labor • On -Site or Remote Response within Rates Ninety (90) Minutes of Initial Call for • On -Site or Remote Response within Major Failures **** Twenty -Four (24) Hours of Initial Call for Minor Failures **** BENEFITS • Ease and Convenience of a Single Source • Experienced Technical Expertise Solution • Extended Service Protection Options • Priority Response and Problem Available Enabling Long Term Service Resolution for Major Failures Planning * To obtain CSCcom Web Access, the following information needs to be entailed to CSCgblackbox-vs.com: to set up a customer profile: Contact Name, phone number, fax number, email address, company name and site numbers. * * Remote Diagnostics requires 24x7 access and modem. * ** The Black Box Network Services' Customer Solutions Center is staffed alter hours with personnel responsible for entering customer service requests and dispatching on- call technical support engineers for problem resolution. * ** * All maintenance may be performed on -site or from a remote location as determined by us to most effectively and efficiently address the maintenance to be performed. Major Failure is defined as a loss of twenty percent (20%) or more of the System extensions or trunks or the loss ofoperation of 50% of the operator consoles. All other issues are defined as Minor Failures. * * * * *Black Box Network Services will provide scheduled service during the hours of 8. 00 a.m. to 11: 00 p.m. M-F (excluding Black Box Network Services Holidays) and 8: 00 a.m. to 8: 00 p.m. on Saturdays. Rev. 09/4/09 i • LA T M COUNTY Customer Name and Address: WHATCOM COUNTY 3222 N Commercial Bellingham, WA 98225 Zoo t aZoZ� Norstan- MASTER AGREEMENT FOR PRODUCTS AND SERVICES Norstan Branch Office Address: Norstan Communications Inc. 40 Pointe Drive Brea, CA 82821 Agreement No. 16554 Norstan Communications, Inc. (referred to as "we" or "us) is pleased to offer this agreement to you. The parties intend that this Agreement, upon acceptance by us, shall constitute a master agreement for the sale and/or installation of our Products and Services in the United States within our established service territory, or upon mutually agreed terms when installation is available outside our established service territory_ 1. DEFINITIONS "Corrective Maintenance" means repair or replacement services provided to remedy defects in a Product pursuant to manufacturer specifications, including labor and parts. 'Custom Software" means any Software or portion thereof written by us in whole or in part to your specifications. "ICO" means an installation change order signed by you and us. "Installation Date" or "Cutover Date" means the date on which: a) a Product, or if a phased installation is intended, any portion of a Product, is installed by us and substantially performing according to all manufacturer's specifications as verified by our standard test procedures; or b) we deliver a Product to you, if not to be installed by us; or c) performance of a MAC or Project Service is completed by us. "MAC" means any minor moves, adds or changes to an installed Product_ "Periodic Services" means renewable and ongoing services, for which there is a specified periodic charge, as described on a Schedule A and/or the applicable Sdrvice Plan (exclusive of Warranty Service). "Premises" means your installation or service location as referenced on a Schedule A. "Price" shall have the meaning set forth in Section 2 hereof. "Product" or "Products" means equipment, Product Upgrades, or MAC purchased and/or Software or Custom Software licensed by you from us. "Product Upgrade" means any major moves, adds or changes, as noted on a Schedule A, to an installed Product - "Project Services" means supplemental services, provided by us on a time and materials or project basis, as described on a Schedule A and/or the applicable Statement of Work "Schedule A" means the ordering document for Products or Services. "Service Plan" means the features and specifications of Periodic Services offered by us which are described in an exhibit referenced on a Schedule A. "Services" means Periodic Services and Project Services. "Software" means any computer program supplied under this Agreement, or which constitutes part of any Product, on magnetic tape, disk, semiconductor device or other memory device, or Product memory including hardwired logic instructions, microcode and documentation used to describe, maintain and use the programs. "Software Owner" means any party other than us which may own the Software_ ?&M' means labor and/or parts provided by us on a time and materials basis. 'Warranty Service" means the services described in Section 10 of this Agreement and the Corrective Maintenance as described in our Warranty Service Policy. 2. PRICE The Price for the Products and Services, except MAC and T&M, shall be speed on a Schedule A and on any ICO's. The Price for MAC and T&M orders shall be noted in our invoice to you. Any additions, deletions or changes to the Products after acceptance of a Schedule A may only be made prior to the Installation Date by an ICO as mutually agreed by the parties. The amount of credit for any deletions shall be equal to the Price at which each deleted item was ordered originally less any applicable manufacturer restocking charge. You may order Periodic Services under one or more of our Service Plans or Project Services as described on a Schedule A and related Exhibit. For Periodic Services, there may be annual rate increases during the term, and we will provide you sixty (60) days prior written notice of such increase. 3. TAXES The Price does not include applicable taxes unless otherwise indicated, and you shall be responsible to pay when due any sales, excise or other taxes that may be levied with respect to any Products and/or Services, exclusive of taxes based on our net income. 4. PAYMENT TERMS You agree to pay the Price in such amounts and at such times as described in the applicable Schedule A or on the invoice for MAC and T&M. For amounts remaining unpaid after thirty (30) days from invoice date, an interest charge may be assessed equal to 1.5% per month or the highest amount allowed by law, whichever is lower. 5. FINANCING OPTION You may assign this Agreement to a financing company for the sole purpose of financing the Price, provided you agree that any such assignment shall not delay or relieve you of your duty to perform any of your obligations under this Agreement. Alf payments made shall be promptly refunded to you upon our receipt of the same from the financing company. 6. SECURITY INTEREST; TITLE TO EQUIPMENT Title to each Product purchased, except for Software, passes to you on its shipment date. We shall retain a purchase money security interest in the Products to secure payment of the Price. You agree to execute any document reasonably necessary to permit us to perfect our security interest. This Agreement incorporates all provisions of the schedules, exhibits and other documents that are referenced herein. All of these documents taken together, including those effective in the future, shall constitute the entire agreement between you and us and replace any prior oral and/or written communications, negotiations and agreements relating to the subject matter hereof. Each party represents that the individual signing on its behalf has the power and authority to enter into this Agreement. This Agreement shall become valid and binding upon execution by you and us. Cus WHATCOM COUNTY 6 n Communications, Inc. County Executive gnat re Title ipwhature T Pete Kremer Printed or Typed Name Date Printed or Typed Name ate 50 7. RISK OF LOSS We will bear the risk of loss of the Products while they are in transit to your Premises. After delivery of the Products to your Premises, you shall bear such risk of loss unless the loss is caused by our negligence or that of our agents or subcontractors. 8. INSTALLATION RESPONSIBILITIES Site preparation and Product installation responsibilities of each of us shall be described on the Installation Responsibilities Policy, if applicable. We will make all reasonable efforts to complete the installation by the intended Installation Date specified on a Schedule A. We will notify you of the actual Installation Date and you agree, on request, to sign our cutover or installation certificate. Minor omissions or variances in the installation or performance of any Product that do not materially affect the operation of the Product as a whole shall not affect or postpone the Installation Date and shall be noted by you. 9. ACCEPTANCE OF PRODUCTS Except as noted below, a Product will be deemed accepted by you thirty (30) days after its Installation Date, unless you notify us in writing within such period of any nonconformities. Upon such notice, we will promptly correct any such nonconformities to your reasonable satisfaction. The Product will then be deemed accepted by you. Products not installed by us, MAC and T&M will be deemed accepted on their Installation Date. 10. PRODUCT WARRANTY We agree to provide Warranty Service as set forth in this Section and in our Warranty Service Policy for the Product(s) indicated on a Schedule A. We warrant that, commencing on the Installation Date, any Product shall be free from defects in material and workmanship and will substantially conform to manufacturer specifications under normal use for the warranty period indicated on a Schedule A. Upon notification of a defect during the warranty period, we shall have the option to repair or replace the defective part(s) of the Product_ If, after reasonable efforts, we are unable to repair or replace the defective part(s) of the Product so that it operates as warranted, we may, at our option, issue a refund for the actual dollar amounts paid for the defective part(s) upon receipt of the defective part(s) by us. We do not warrant that the operation of the Product will be uninterrupted or error -free. You acknowledge that the Products are by no means invulnerable to network interference or to fraudulent or unauthorized calls or access and consequently, no express or implied warranty is made by us against such occurrences. THE WARRANTIES SET FORTH HEREIN REPLACE ALL OTHER WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 11. SOFTWARE LICENSE We grant to you a non-exclusive, fully paid, perpetual license to use the Software, but only in conjunction with the equipment or Product with which it is licensed and installed. You acknowledge and agree that you shall have no title or ownership rights to such Software. You agree to abide by and/or execute any software license agreement required by the Software Owner, as noted on a Schedule A, the provisions of which agreement are incorporated herein by reference and shall be in addition to the terms and provisions contained in this Section 11. You acknowledge and agree that the Software is a trade secret of the Software Owner and/or us. You agree to take all reasonable precautions to protect the trade secret nature of the Software and to prevent its disclosure to unauthorized personnel. You may make one back-up copy of the Software, but agree not to otherwise copy, modify, translate, reverse compile, decompile or reverse engineer the Software. 12. INDEMNIFICATION We agree to indemnify, defend and save you harmless from and against any and all losses or damages to tangible property or from any loss or damage arising from bodily injury, including death, when, and to the extent, such losses or damages are caused by our negligence or that of our agents or subcontractors provided that you give us prompt written notice of any such claim and allow us, with your full cooperation, to control the defense and all related settlement negotiations. We further agree to indemnify and save .you harmless from and against any mechanic's lien resulting from work performed by us or our agents or subcontractors and which has been paid by you. No costs or expenses shall be incurred for our account without our prior written consent. MAPS-01-05 (08/99) 13. INFRINGEMENT INDEMNIFICATION This Section sets forth our entire obligation to you regarding claims of patent, copyright or trademark infringement. If a third party claims that a Product provided hereunder infringes a patent, copyright or trademark, we will indemnify and defend you against such claim and pay all costs, damages and reasonable attorneys' fees, provided that you a) promptly notify us in writing of the claim, and b) allow us and/or the manufacturer to control, and cooperate with us in, the defense and any related settlement negotiations. If such a claim is made or appears likely to be made, you agree to permit us to enable you to continue to use the Product or to modify or replace iL If neither of these alternatives is reasonably available in our judgment, you agree to return the Product to us upon our written request. We will then give you a credit equal to your net book value for the Product provided you have followed generally accepted accounting principles. We will have no obligation regarding any claim of infringement based upon a Product which is a) modified; b) combined, operated or used with any product, data, apparatus, software or program not provided by us; c) a result of your design specifications; or d) outside the United States or Puerto Rico. No costs or expenses shall be incurred for our account without our prior written consent. 14. LIABILITY If we are not substantially complying with the terms of this Agreement, you must provide written notice of such failure to perform. Within ten (10) days after receiving such notice, we will either correct our performance or commence a continuous good faith effort to correct our performance within a reasonable period of time. Upon our default, we will only be liable for a) liabilities referred to in Sections 12 and 13; and b) the amount of any other direct damage you incur, up to the Price (or twelve (12) months of recurring charges for Periodic Services) for the Product or Services that caused the damage. This limitation applies regardless of the legal theory upon which the claim is based_ If an action is commenced under this Agreement, the prevailing party shall be entitled to receive its reasonable legal fees and related expenses. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), INCIDENTAL DAMAGES OR PUNITIVE DAMAGES, EVEN IF THAT PARTY IS INFORMED OF THEIR POSSIBILITY. 15. GENERAL Both parties may delegate any or all of their duties to subcontractors, subsidiaries or parent or affiliated companies, provided that both parties will remain liable for their respective duties. Except as noted in Section 5, you may not assign this Agreement or any of your rights under this Agreement without our prior written consent. Any attempt to do so is void. This Agreement may not be modified except in writing, signed by you and us. The terms and conditions contained on any other form, purchase order or other communication of either of us are deemed void. Neither of us will be liable for ,our inabirdyto perform to the extent caused by conditions beyond our reasonable control, including but not limited to environmental conditions at your Premises, your third -party telephone services provider or other contractors, labor disputes, perils or other hazards. If any portion of this Agreement is held invalid, such invalidity shall not affect the remaining portions of this Agreement, and you and we agree to substitute for the invalid portion a valid provision that most closely approximates the economic effect and intent of the invalid provision. Failure or delay by either of us to exercise any right, power, privilege or remedy will not constitute a waiver thereof. A waiver of default will not operate as a waiver of any other default or of the same type of default on a future occasion. We shall observe our responsibilities under Executive Order 11246, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, and Sections 402/503 and the regulations at 41 CFR Parts 60-250 and 60-741. Neither party will bring a legal action more than two (2) years after the cause of action arose. Any provision contained herein that by its nature could reasonably be construed to survive expiration of this Agreement shall so survive. This Agreement shall be governed by and construed according to the laws of the state where the Products are located or Services are provided. Page 2 of 2 51 Approved as to form: "'2� 1� Deputy Civil Prose Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On thisc2 3 day of t�VYQAy A,f2001, before me personally appeared PETE KRE#1EN, 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. VOTIAR PUBLIC in and for the State of as ' on residing at Bellingham My appointmes: �%! `✓'�/tea 3 gStON yZ. d *aTA/iy v �°U 8 `P • Gov ti� . o .� 0"A5 N`�``�. STATE OF Ae 2-,j4 ) ) ss. COUNTY OF h1A/'lcoPA ) On this /3 day oft 2001, before me personally appeared Jlw.- A to me known to be they`P 444 -c of NORSTAN COMMUNICATIONS INC., and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of 4-e-i 2. w 4 residing at My appointment expires: 9/6/a3 PATRICIAJ. OFAp1 UKIY MARICQPA I My comm. Expires Sept 16.2009 52 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-310 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JAT 0912112012 j� E C E Q V E D OCT 0 2 2012 October 9, 2012 Finance, Council Division Head: 2's �0 &/�A Dept. Head: WHATCOM COUNTY Ql/.z&/12, Prosecutor: COUNCIL `17-711 Purchasin /Bud et: Executive: y V, 0 TITLE OFDOC 2013 Washington Conservation Corps Sponsor Agreement with Department of Ecology ATTACHMENTS: Two copies of 1. 2013 Washington Conservation Corps Sponsor Agreement with Department of Ecology, and attachments (3) SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ?( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This Washington State Department of Ecology sponsor contract provides a Washington Conservation Corps crew for the period of January 1, 2013, through September 22, 2013. The crew will implement new watershed restoration projects, maintain existing restoration projects, and assist with water quality monitoring and improvements. The crew is co -sponsored by Whatcom County and Nooksack Salmon Enhancement Association (NSEA) on a 60/40 cost -share respectively. NSEA will enter into a separate sponsor agreement for their share. Total cost to Whatcom County is $60,000 and is included in the 2013 Public Works Natural Resources budget. COMMITTEE ACTION. • COUNCIL ACTION: Related County Contract A Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.uslcouncil. 2012 Washington Conservation Corps Sponsor Agreement Page 0 v 1.0 53 WHATCOM COUNTY GOM co 0 Natural Resources PUBLIC WORKS DEPT. 3P� y� 322 N. Commercial St., Suite 110 Frank Abart Bellingham, WA 98225 (360) 676-6876 Director �'SN,NC. (360) 738-2468 MEMORANDUM RECEIVED SEP 2 7 F012 TO: The Honorable Members of the Whatcom County Council The Honorable Jack Louws, County Executive JACK LOUWS COUNTY EXECUTIVE FROM: Jon Hutchings, Assistant Director`'if John N. Thompson, L.E.G., Senior Planner __A::7` Z THROUGH: Frank Abart, Director RE: 2013 Washington Conservation Corps Sponsor Contract DATE: September 25, 2012 Enclosed are two (2) originals of the 2012-2013 Department of Ecology Washington Conservation Corps Sponsor Agreement with Whatcom County for your review and signature. ■ Background and Purpose This Washington State Department of Ecology sponsor agreement provides Whatcom County, in partnership with the Nooksack Salmon Enhancement Association, a Washington Conservation Corps (WCC) crew for the period of January 1, 2013 through September 22, 2013. The present agreement builds on 12 years of similar collaborative work. The crew will continue to work on behalf of Whatcom County implementing new watershed restoration projects, maintaining existing restoration projects, and assisting with water quality monitoring and improvements. ■ Funding Amount and Source The WCC sponsor agreement with Whatcom County is for $60,000. The project is included in the proposed 2013 Public Works Natural Resource budget. NSEA is providing $40,000 toward the $100,000 annual crew cost under a separate sponsor agreement with Ecology that will begin October 1, 2012. ■ Differences from Previous Contract This is a new sponsor contract. Please contact me at 50603 or John N. Thompson at extension 50695, if you have any questions or concerns regarding the terms of this agreement, Encl. (2) 2012 Washington Conservation Corps Sponsor Agreement Page 1 v 1.0 54 Whatcom County WHATCOM COUNTY CONTRACT Contract No. INFORMATION SHEET Originating Department: Public Works Natural Resources Contract Administrator: John N. Thompson, L.E.G., Senior Planner Contractor's /Agency Name: Washington State Department of Ecology Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No Ifyes, previous number(s): Is this a grant agreement? Yes No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes _ No X If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $1 S, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $60, 000 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services This Washington State Department of Ecology sponsor agreement provides ,a Washington Conservation Corps crew for the period of January 1, 2013, through September 22, 2013. The crew will implement new watershed restoration projects, maintain existing restoration projects, and assist with water quality monitoring and improvements. Total cost to Whatcom County is $60,000 and is included in the proposed 2013 Public Works Natural Resources budget. Term of Contract: Begins January 1, 2013 Expiration Date: September 22, 2013 Contract Routing SteDs & Signoff fsten or initiall [indicate date transmitted 1. Prepared by. _ 11 N. Thompson Date 912112012 [electronic] 2. Attorney reviewed: L. Gibson Date_09121112 [electronic] _Daniel 3. AS Finance reviewed: 1 Date 9IZZ-e-- [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date _ [electronic] hard copy printed 6. Attorney signoff. Daniel L. Gibson Date 09121112 7. Contractor signed: Date d I,, -7/- ., 8. Submitted to Exec Office Date 9/-;2 -7 [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; Date_ 14. County Original to Council Date this form may need to expand to more than one page 2012 Washington Conservation Corps Sponsor Agreement Page 2 v 1.0 55 Whatcom County Contract No. WHATCOM COUNTY CONTRACT ATTORNEY REVIEW [submit via electronic transmittal) Originating Department: Public Works Natural Resources Contact Person: John N. Thompson, L.E. G., Senior Planner Contractor's Name: Washington State Department of Ecology First Review: X Approved As Is, Prepare Hardcopy for Signoff O Needs Revision; Attorney Comments for suggested changes: Second Review: OImplemented Attorney Corrections as Indicated OApproved, Prepare Hardcopy for Signoff OAdditional Corrections Needed; Attorney Comments for suggested changes: Please indicate any Special Dates or clauses that require calendaring: Leave this page attached to summary coversheet until final signoff by attorney. Do not leave attached when routing to Contractor for signature. v.1.0 2012 Washington Conservation Corps Sponsor Agreement Page 3 v 1.0 56 (DUNTY ORIGINAL Washington Conservation Corps Sponsor Agreement Y AANIA6TDA ATATE O EPAATYEAT DF ECOLOGY WCC agreement No.: WCC-12-37-003 SPONSOR agreeme sR 'C's N r THIS AGREEMENT made by and between the State of Washington Department of Ecology Washington Conservation Corps," hereinafter referred to as the "DEPARTMENT," and that entity whose name appears in item 1, below, hereinafter referred to as the "SPONSOR." 1. SPONSOR Whatcom Co. Public Works 2. CONTACTS 3. ADDRESS: DEPT. PROJECT LEADER Kevin Farrell 360-631-6760 Whatcom County Public Works SPONSOR CONTACT John N. Thompson 360-676-6876 ATTN John N. Thompson CREW SUPERVISOR Zach Shirk 360-739-5715 322 North Commercial St, Suite 110 Bellingham WA 98226 WCC Agreements MANAGER Bridget Mason 360-407-6516 4. PROJECT TITLE/DESCRIPTION 2012-2013 Whatcom Co. Public Works/AmeriCorps S. PROJECT LOCATION: Whatcom County 6. PERIOD OF PERFORMANCE: CONTRACT BEGINS: 01/1/2013 CONTRACT ENDS: 9/22/2013 7. SCOPE OF WORK: Restoration Activities: Under the direction of Sponsor organization staff, WCC crew(s) will perform various restoration, in -stream, and habitat maintenance projects. Specific tasks include, but are not limited to, invasive species control, native species installation, and fence construction/repair. Tasks will not include Prohibited Activities set forth in Exhibit B and incorporated herein by reference. AmeriCorps member(s) will not be available to the SPONSOR organization during training events, days of service, scheduled days off, and other WCC scheduled activities set forth in Exhibit A and incorporated herein by reference. 8. MAXIMUM BUDGET REIMBURSED Provided by DEPARTMENT Cost Provided by SPONSOR/DONATIONS COST 1 Crew (Cost Share) All project materials, $60,000.00 technical assistance, and coordination 9. Special Terms and Conditions Total SPONSOR COST $60,000.00 Above cost Not ❑No ®Yes (See XVII) to be Exceeded 10. Biennial Closures: In accordance with biennial closing procedures, the sponsor must REMARKS reimburse the DEPARTMENT no later than June 30, 2013 for services or material supplied under this agreement when submitted for payment on properly itemized vouchers (Form A-19). AFRS ACCOUNT CODE TRANS APPN PROG PROJ SUB PROJ ORG CO. OBJ SUB AMOUNT CODE FUND INDEX INDEX PROJ PHAS INDEX OBJ Page 1 of 10 57 IN CONSIDERAI"ION OF THE GENERAL TERMS AND CONDITIONS OF THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: I. All rights and obligations of the parties to this agreement shall be subject to and governed by those General Terms and Conditions contained in the text of this contract instrument and Section XVII. 'SPECIAL TERMS AND CONDITIONS." II. In the event of an inconsistency in this agreement, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Local, Tribal, Federal & State Statutes & Regulations, (b) Special Terms and Conditions, and (c) General Terms and Conditions. III. This agreement and its appendices, if any, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. IV. This agreement shall be subject to the written approval of the authorized representative of the DEPARTMENT and shall not be binding until so approved. Only the authorized representative by writing (delegation to be made prior to action) shall have the expressed, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the authorized representative. V. AUTHORITY AND PURPOSE: a. Authority The Legislature enacted Chapter 43.220 RCW, which created the Washington Conservation Corps, hereinafter referred to as the "WCC," and named the DEPARTMENT as the implementation authority. b. Purpose The purpose of this contract is to establish a formal understanding between the DEPARTMENT and the SPONSOR to accomplish the project described in "SCOPE OF WORK". This agreement is designed to specify the kinds and amounts of goods and services to be used and/or exchanged by the DEPARTMENT and the SPONSOR to their mutual benefit through a WCC project. The SPONSOR acknowledges that participation in the WCC program shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of non -overtime work, wages, or other employment benefits, nor in the impairment of existing agreements for services. VI. DEFINITIONS: a. "SPONSOR Contact' shall mean the person who serves as the SPONSOR's lead on the project and shall cooperate with all parties concerned to promote successful completion of the project described under "SCOPE OF WORK". b. "SPONSOR Work Director" shall mean the person who specifies work to be performed onsite; outlines, describes, and delegates work to be accomplished; supplies necessary orientation and training for use of special equipment and procedures; and is responsible for directing WCC crew supervisor(s) regarding specific project tasks as described in "SCOPE OF WORK". c. "DEPARTMENT Project Leader' shall mean the person who is responsible for developing and facilitating the project and shall serve as liaison between the DEPARTMENT and SPONSOR. PROJECT LEADER assumes ultimate responsibility to ensure adequate coordination of the project. d. "WCC Member" shall mean an individual enrolled in the WCC program. WCC members shall not be considered regular state employees. Provisions of law relating to civil service, hours of work, rate of compensation, sick leave, unemployment compensation, state retirement plans. and vacation leave do not apply to the WCC members. However, medical aid and state industrial insurance will be provided by the DEPARTMENT for each WCC member. e. "Crew Supervisor" shall mean the person who is responsible for matters relating to personnel administration and overall project direction. He/she supervises WCC members (generally four or more) regarding work to be accomplished and is responsible for individual crew safety, daily crew supervision and discipline, completes WCC member training plans, and provides a written evaluation of each WCC member's job performance .and skills acquired each quarter and at termination of employment. Page 2 of 10 58 VII. SCOPE OF WORK: Both parties agree to complete in a satisfactory and proper manner the services described under Section 7. "SCOPE OF WORK" on page 1 of this agreement at potential project sites described in Exhibit C of this agreement, and to provide materials and supplies necessary to ensure satisfactory completion of the project, including any special equipment required by special work conditions. The SPONSOR agrees to obtain any necessary permits such as right of entry or other applicable permits as set by local, state, tribal or federal laws and regulations. The DEPARTMENT agrees to provide WCC members who will complete activities in Section 7. "SCOPE OF WORK" on page 1 of this agreement. All equipment provided by either the DEPARTMENT or the SPONSOR shall be returned to the provider within fifteen (15) days after termination of this agreement, unless otherwise specified in Section XVII. "SPECIAL TERMS AND CONDITIONS." Vill. PERFORMANCE: a. Time for Performance: Any work performed prior to the effective date of this SPONSOR AGREEMENT, or continuing after the completion date of same, unless otherwise agreed upon in writing herein, will be in violation of this agreement and will be at the SPONSOR's expense. b. Compliance With All Laws: The SPONSOR agrees to observe, and comply with, all local, federal, tribal, and state laws, regulations, and policies affecting performance under this agreement. c. Release of Information or Materials: The SPONSOR will not release any information or materials developed pursuant to this agreement without prior written authority from the DEPARTMENT. d.. Final Report Evaluation: Within 15 days after termination of this contract, the SPONSOR shall provide the DEPARTMENT with a written evaluation of the project. At a minimum, the following shall be evaluated: 1. Benefit to WCC members 2. Environmental benefits 3. Department cooperation/coordination 4. Whether the overall goals and objectives of the project were obtained 5. Suggestions for program improvement 6. Revised estimates of alternate supplier cost and SPONSOR cost/donation IX. TERMINATION OF AGREEMENT: a. Termination by SPONSOR for Cause: If the DEPARTMENT fails to fulfill in a timely and proper manner its obligations under this agreement, or if DEPARTMENT shall violate,any of the covenants, agreements, assurances, or stipulations of the agreement, SPONSOR shall have the right to terminate this agreement by giving written notice specifying the effective termination date to the DEPARTMENT at least seven (7) days before such date. b. Termination by SPONSOR for Convenience: The SPONSOR may terminate this contract by giving written notice to DEPARTMENT of such termination and specifying the effective date thereof at least ten (10) days before the effective date of such termination. In that event. all finished or unfinished documents and other materials as described above shall be delivered to SPONSOR for its review. After the review at the option of SPONSOR such documents or material or portions thereof shall become its property. c. Termination by DEPARTMENT for Cause: If SPONSOR fails to fulfill in a timely and proper manner its obligations under this agreement, or if SPONSOR shall violate any of the covenants, agreements, assurances, or stipulations of the agreement, DEPARTMENT shall have the right to terminate this contract by giving written notice specifying the effective termination date to the SPONSOR at least seven (7) days before such date. d. Termination by DEPARTMENT for Convenience: The DEPARTMENT may terminate this agreement by giving written notice to SPONSOR of such termination and specifying the effective date thereof at least ten (10) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described above shall be delivered to DEPARTMENT for its review. After the review at the option of DEPARTMENT such documents or material or portions thereof shall become its property. e. Insufficient Funding: In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the after the effective date of this agreement and prior to normal completion, the DEPARTMENT or SPONSOR may terminate the agreement under Section IX. b. or d.. "Termination by DEPARTMENT or SPONSOR for Convenience" clause, subject to renegotiation under those new funding limitations and conditions. Page 3 of 10 59 X. LIABILITY: a. When direct supervision is provided by the DEPARTMENT employed crew supervisor, the DEPARTMENT agrees that WCC members working under this agreement are agents of the DEPARTMENT, and therefore the DEPARTMENT shall be liable for personal injury or property damage caused by WCC Member negligence. b. The SPONSOR is liable for procurement and compliance with any necessary permits. c. To the extent that the Constitution and laws of the State of Washington permit, all parties to this agreement shall be responsible for damage to persons or property resulting from the negligence on the part of itself, its employees, its agents, or its officers. None of the parties assume any responsibility to the other parties for the consequences of any act or omission of any person, firm, or corporation not a party to this agreement. XI. NON-DISCRIMINATION: The DEPARTMENT and the SPONSOR agree to be bound by all local, federal, tribal, and state laws, regulations, and policies against discrimination and agree not to discriminate in employment, either directly or indirectly, because of a person's age, sex, sexual orientation, marital status, creed, color, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. XII. DISPUTES: Except as otherwise provided in this agreement, when a bona fide dispute arises between the DEPARTMENT and the SPONSOR and it cannot be resolved, either party may request a dispute resolution with the DEPARTMENT The parties agree that this dispute resolution process shall precede any action in ajudicial tribunal. Either party's request for a dispute resolution must: a. be in writing b. state the disputed issues; C. state the relative positions of the parties; d. state the SPONSOR's name, address, and WCC Agreement number; e. be mailed to the DEPARTMENT within thirty (30) days after the party could reasonably be expected to have knowledge of the issue(s) which are now in dispute. XIII. INVOICE VOUCHERS: Reimbursable expenditures under the terms and conditions of this agreement shall in no event exceed the amount set forth herein. The SPONSOR shall reimburse the DEPARTMENT for services performed when submitted on a properly itemized voucher (Form A-19) in accordance with Section 8. "MAXIMUM BUDGET" Reimbursement shall be made by the SPONSOR within thirty (30) days of receipt of said voucher. ECOLOGY shall submit monthly invoices to the Sponsor. The monthly invoice amount will be calculated by dividing the TOTAL SPONSOR COST by the length, in number of months, of this agreement. Payment to ECOLOGY for approved and completed work will be made by warrant within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. XIV. AMENDMENTS: Changes in the scope of this agreement which cause an increase or decrease in the cost of, or the time required for the performance of any part of the scope of work under this agreement, shall be accomplished by written amendment and executed by both parties prior to implementation. XV. SUBCONTRACTS: The SPONSOR shall not enter into subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of the DEPARTIVIENT'S PROJECT LEADER. XVI. RECORDS RETENTION: Both parties shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the SPONSOR agreement. These records shall be subject at all reasonable times to inspection, review, or audit by duly authorized personnel for six years after the agreement end date. Page 4 of 10 60 XVII. SPECIAL TERMS AND CONDITIONS: Special terms and conditions of this contract include: a. The DEPARTMENT and SPONSOR agree to comply with AmeriCorps' policies related to "Prohibited Activities", set forth in Exhibit B. b. WCC members will be made available to SPONSOR in cooperation with Nooksack Salmon Enhancement Association under a separate WCC Sponsor Agreement from October 1, 2012 through September 19, 2013 within which members will be allowed to work up to 1,850 hours. Members may be made available through September 22, 2013 if the mutually agreed upon work schedule extends through Sunday. c. WCC Members will be hired and working no sooner than October 1, 2012 and no later than October 15, 2012 to attain a full AmeriCorps scholarship. d. WCC Member vacancies can be filled with a 900 hour, half AmeriCorps scholarship beginning April 1, 2013. Any further member hiring for the remainder of the program year is at the discretion of the DEPARTMENT and based on availability. e. All state holidays will be non -working days for AmeriCorps members. In addition, there is a shutdown week (4 days) scheduled in December and up to 7 planning days set aside that are non -working days for members. These days are to be used by staff for planning purposes. f. There will be 8 days of formal WCC member training (4 days in March and 4 days in June), a 4-day New Member Orientation Training (October), and 4 days dedicated to an MILK Community Service (January). These scheduled dates, along with up to 2 additional days reserved for meetings, trainings or other events, are dates in which members and supervisors are unavailable to perform project work. g. The DEPARTMENT will provide the number of WCC Crews and/or Individual Placements specified in Section 8 "Maximum Budget" on Page 1 of this agreement for an equivalent of 24 working weeks. h. Crews will attend community service events, cross training opportunities including a one -week (40 hr) spike, National Day of Service events, any appropriate administrative meetings, and Emergency Response activities at minimal notice, as needed. In an event of an emergency response, the WCC Program will make every effort to fulfill sponsor program needs, including sending additional crews, whenever possible. Spikes will be scheduled in coordination with the Sponsor. Invoices will include all activities during the program year including training, community service events, and other activities required by WCC, excluding Emergency Response if needed. i. The WCC standard 40 hour workweek is Monday through Thursday from 7:00am to 5:30pm. An alternate work schedule may be arranged with prior approval from the WCC. j. For a SPONSOR hosting WCC Crew(s): SPONSOR agrees to provide a secure site to store tools and park crew vehicles as well as desk and internet access for the crew supervisor. In locations without internet access, an extra charge is included for the sponsor to pay for and the DEPARTMENT to provide a wireless access device. Vehicle is not to be used for heavy hauling. The primary use of the crew vehicle is for transportation of crew, tools, and safety equipment. k. For a SPONSOR hosting Individual Placement positions: SPONSOR agrees to provide a work station, email, transportation to and from WCC events (or private mileage reimbursement for personal vehicle use), and day-to-day direction of work activities. Page 5 of 10 61 XVIII. ENTIRE AGREEMENT: This document contains the entire and integrated contract between the parties, and no statement, promise, inducement or agreement made by the DEPARTMENT or its agents or an employee that is not contained in this written agreement shall be valid or binding. No alteration, addition, or modification of any of the terms or conditions of this agreement shall be effective if not in writing and signed by the authorized representatives of the SPONSOR and the DEPARTMENT. SIGNATURES: SPONSOR DEPARTMENT BY: SEE ATTACHED COUNTY SIGNATURE PAGE BY: ��?��"' e -�/� TITLE DATE: TITLE: Gordon White, SEA Program Manager DATE: T, Z71r- Ecology is an Equal Opportunity and Affirmative action employer. For special accommodation needs, contact the Washington Conservation Corps at (360) 407-6516. The TDD number is (206) 407-6006. Page 6 of 10 62 WHATCOM COUNTY: Recommended for Approval: Frank Abart Public Works Director Date Approved as to form: 9"'� • AA"a' ti/ 05 Daniel Gibson Assistant Chief Deputy Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASH INGTON ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires Page 7 of 10 63 ;IA- `O w N N N Ifl r r N N N N a W I P A �r 1p a OD T C N P N M C c w Oo •v a.l N N I V ul � M N N M 81 C y W V W —7 lIW�1 4A. 't r r .N - M r r N pp L OO pp 10 L NVf` M v^- N N_ N P N of =eN- r. O e= L. N O• � N edn �.{L .- CO N N N `.0 � I F �I '.• R _ R C W Ik e ••1�• 'p N N F.r Y1 p. NI,kn . er, kn . Y C N N N N N P N Q p I O * cl W 1Y1 N P N ..�. to 00 1/'1 N IL' h N N V C C O Ol GS7t W N N � M N N N I N P � N � . � w � � N N r � N N W N P '� N � 11l N P �O N I N M I 4. N. N P N T; N M � �: N N P N Page 8 of 10 64 Exhibit B: Prohibited Activities There are activities that WCC members and staff may not perform in the course of their duties, while charging time to the AmeriCorps program, or the Department of Ecology. Furthermore, members and staff may not engage in any conduct in a manner that would associate the prohibited activities with the WCC or CNCS. Prohibited activities include: 1. Participating in efforts to influence legislation, including state or local ballot initiatives, or lobbying for the program 2. Organizing a letter -writing campaign to Congress 3. Engaging in partisan political activities or other activities designed to influence the outcome of an election to any public office 4. Participating in or endorsing events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials Voter registration drives 5. Organizing protests, petitions, boycotts or strikes 6. Assisting, promoting or deterring union organizing 7. Impairing existing contracts for services or collective bargaining agreements 8. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytizing 9. Providing a direct benefit to a for -profit entity; a labor union; a partisan political organization; or an organization engaged in religious activities 10. Participating in activities that pose a significant safety risk to participants WCC members, like any other private citizen, may participate in any of the above activities on their own time, at their own expense, and at their own initiative. Members may not wear AmeriCorps service gear in such instances. Fundraising: In general, WCC members cannot assist their organization with major fundraising efforts. In addition, the member may not support fundraising efforts that do not provide immediate and direct support to the direct service activities of the program. However, CNCS policy permits some limited activities related to fundraising to the extent that such activities: • Provide immediate and direct support to a specific and direct service activity; • Fall within the program's approved direct service objectives; • Are not the primary activity of the program; and • Do not involve significant amounts of time for any member. WCC members may spend no more than ten percent of their originally agreed upon term of service performing fundraising activities. Grant Writing: WCC members may not prepare any part of a grant proposal or perform other fundraising functions to help the program achieve its match requirements, or to pay the program's general operating expenses. Page 9 of 10 65 EXHIBIT C — PROPOSED PROJECT TYPES AND GEOGRAPHIC FOCUS Water Quality Monitoring and Improvement Projects • Birch Bay Watershed • Drayton Harbor Watershed • Portage Bay Shellfish District • Lake Whatcom New Restoration Projects (~32 projects totaling ~11,000 linear feet and 4 culvert replacements) • Birch Bay • Drayton Harbor • Mainstem tributaries • South Fork tributaries • Middle Fork • Sumas River tributary Maintain Existing Projects (~15,000 linear feet to be maintained) • Birch Bay • Drayton Harbor • Mainstem tributaries • South Fork tributaries • North Fork tributaries • Lake Whatcom • Friday Creek •• WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 — 315 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 10/2/2012 10/9/2012 Public Works Division Head: Dept Head .• to 'z. / Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Public Safety Now video presentation related to planning for new County Jail ATTACHMENTS. 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 requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Safety Now video presentation related to planning for a new County Jail COMMITTEE ACTION: COUNCILACTION. 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.wlzatcom.wa.us/council. 67 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-300 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Josh Fteischn:ann 08129/2012 9111112 Introduction E 9/25/2012 ' Division Head: D SEP p 4 2012 Public Hearing Dept. Head: J.E. g/a q //� 10/09/2012 P&D Committee "Sam " Ryan WHACOU Cp(JNTY Prosecutor: Karen Frakes g 30 '� COUNCIL Purchasing/Budget. Executive: Jack Louivs TITLE OF DOtXWAIT. Zoning amendment to allow Agricultural Slaughtering Facilities in the Agriculture Zoning District ATTACHMENTS: 1) Staff memo to Council 2 Proposed Ordinance SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? (X) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The proposed amendment would allow for agricultural slaughtering facilities within the Agriculture (AG) zoning district. Agricultural slaughtering facilities that employ no more than 20 full time employees would be reviewed as a permitted use. Agricultural slaughtering facilities that employ more than 20 full time employees would be reviewed as a conditional use. COMMITTEE ACTION. COUNCIL ACTION. 9/11/2012: Introduced 9/25/2012: Held in Planning & Development Committee to October 9, 2012 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. LA WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907,TN 800-833-6384 360-738-2525 Fax Memorandum TO: Whatcom County Council FROM: Joshua Fleischmann, Planner J.E. "Sam" Ryan Director THROUGH: Mark Personius, Long Range Planning Manager DATE: October 2, 2012 SUBJECT: Agricultural Slaughtering Facilities Zoning Text Amendment, RE: PLN2012- 00008 At the last County Council meeting staff was asked to provide the Planning and Development Committee with a legal opinion as to whether or not the Planning Commission's recommendation to the County Council regarding agricultural slaughtering facilities would be compliant with the Growth Management Act (GMA). The attached Exhibit A is meant to meet the intent of the Planning Commission recommendations, as well as provide a stronger basis for compliance with the GMA. After careful review by staff and legal counsel, the Planning Commission recommendation for Agricultural Slaughtering Facilities that employ no more than 20 full time employees as a Permitted use has been moved to the Accessory Uses portion of the code (to better reflect consistency with GMA), while the facilities that employ more than 20 full time employees remain as a Conditional Use (as originally intended in the Planning Commission recommendations). In both the Accessory uses and Conditional uses portions of the code, we have added additional language provided by RCW 36.70A.177(3)(a) regarding accessory uses on agricultural lands of long term commercial significance, stating that the facilities "shall be located, designed, and operated so as to not interfere with, and to support the continuation of, the overall agricultural use of the property and neighboring properties..." Where the site is predominantly in prime soils, through the permit review process, this is likely to be interpreted as requiring the facility to be as small as feasible, located to maximize the agricultural use of the remaining area, and achieving the most suitable locations in terms of minimizing roads, impervious surfaces, and allowing for water availability and septic suitability. This will help ensure the long-term commercial significance of the property for agricultural use, consistent with the GMA. We The other requirement that was added to these code sections was that the facility process at least 50 percent agricultural goods produced in Whatcom County and that originate from permitted uses in WCC 20.40.051. This language is consistent with existing criteria for all other agricultural processing facilities treated as an accessory use in WCC 20.40.111. The requirement that the goods originate from permitted uses in WCC 20.40.051 further clarifies that agricultural slaughtering facilities are accessory to dairying, raising of livestock, husbandry of small animals, raising of crops, and other agricultural production, which meets the intent of RCW 36.70A.177 to allow for accessory uses that support the continuation of agricultural uses. 70 1 EXHIBIT Al 2 3 Chapter 20.40 AGRICULTURE (AG) DISTRICT 4 20.40.050 Permitted uses. 5 :FO56 faeikies that emolwv no Fnere than 29 full N.- 6 7 8 20.40.100 Accessory uses. 9 .114 Agricultural slaughterina facilities, which shall be located designed, and 10 operated so as to not interfere with, and to support the continuation of, the overall 11 agricultural use of the property and neighboring properties, provided the following 12 13 criteria are met: (1)The facility processes at least 50 percent agricultural goods produced in 14 Whatcom County and that originate from permitted uses in WCC 20.40.051. 15 16 17 18 (2)The facility employs no more than 20 full time employees. 20.40.150 Conditional uses. .164 Agricultural slaughtering facilities, that emplay more than. 20 full time 19 which shall be located designed, and operated so as to not interfere 20 with, and to support the continuation of, the overall agricultural use of the property 21 and neighboring properties, provided the following criteria are met: 22 (1) he facility processes at least 50 percent agricultural goods produced in 23 Whatcom County and that originate from permitted uses in WCC 20.40.051. 24 (2)The facility employs more than 20 full time employees 25 26 27 Chapter 20.36 RURAL (R) DISTRICT 28 29 20.36.130 Administrative approval uses. 30 .136 In R5A and R10A zoning districts, the processing of agricultural products that 31 originate from the permitted uses in WCC 20.40.050, provided the following criteria 32 are met: 33 (1) The facility is not an agricultural slaughtering facility slaughterheuse or 34 mushroom substrate production facility. 35 36 20.36.150 Conditional uses. 37 20.36.163 In R5A and R10A zoning districts, the processing of agricultural 38 products that originate from the permitted uses in WCC 20.40.050, provided the 39 following criteria are met: i The double underlines/strikethroughs represent changes from the Planning Commission recommendation. Page 1 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 (1) The facility is not an agricultural slaughtering facility s+aatrg#t-erheuse or mushroom substrate production facility. Chapter 20.80 Supplementary Requirements 20.80.200 Setback requirements 20.80.255 Agriculture District. (1) The 50-foot front yard setback requirement for new buildings or additions may be waived if the zoning administrator finds the new building or addition is located along the same building line(s) of existing structures and will result in no additional encroachment, the public interest, safety and health are protected; provided, that for a new building the applicant shall also demonstrate that the proposed location is necessary for the economic viability and the continued operation of the agricultural use. (2) The minimum separation between new residences not located on the same property and farm uses such as barns, pens, milking sheds, agricultural slaughtering facilities, or areas used to contain, house or feed animals or store manure or feed, shall be 300 feet. New farm uses such as barns, pens, milking sheds, agricultural slaughtering facilities, or areas used to contain, house or feed animals or store manure or feed, shall be situated at least 150 feet from existing residences not located on the same property. Expansion of existing facilities within the 150-foot buffer, providing such expansion is not closer to a neighbor's residence, and pastures are excluded from this section's requirements. Chapter 20.97 Definitions 20.97.010.2 Agricultural slaughtering facility "Agricultural slaughtering facility" means a facility that engages in slaughtering, on or off site, and the processing of agricultural slaughter products in accordance with local, state, and federal health and agricultural regulations. Agricultural slaughtering facilities do not include rendering facilities. 20.97.343 Rendering "Rendering" means the process or business of separating fat from meat or animal remains. 20.97.424 Slaughtering "Slaughtering" means the killing of animals for human consumption. Page 2 72 INFORMATION THAT WAS INCLUDED IN THE SEPTEMBER 25, 2012 AGENDA PACKET 73 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax Memorandum TO: Whatcom County Council FROM: Joshua Fleischmann, Plann7tr�v� THROUGH: J.E. "Sam" Ryan, Director DATE: August 29, 2012 J.E. "Sam" Ryan D i recto r RECEIVED AUG 3 0 2012 JACK LOUWg COUNTY. EXECUTIVE SUBJECT: Agricultural Slaughtering Facilities Zoning Text Amendment, RE: PLN2012- 00008 The findings and recommendation forwarded by the Whatcom County Planning Commission at their August 9, 2012 meeting are provided within the attached ordinance. For the June 14th Planning Commission Public Hearing, Staff provided draft language that would have allowed agricultural slaughtering facilities as a conditional use, based upon the following conditions: 1) The facility employs no more than 10 employees. 2) The facility is supplemental and accessory to dairying, raising of livestock, husbandry of small animals, or other permitted uses identified in WCC 20.40.051. 3) The facility processes 50 percent agricultural goods produced in Whatcom County and that originate from permitted uses. 4) The minimum lot size shall be 10 acres. 5) The setback provisions of WCC 20.80.255 shall apply. 6) The building shall avoid prime soils to the extent feasible. Where the site is predominantly in prime soils and avoidance is not feasible, the applicant shall demonstrate that the buildings: a) Are sized to be as small as feasible; and b) Located to maximize the agricultural use of the remaining area; and c) Achieve the most suitable locations in terms of minimizing roads, impervious surfaces, and allowing for water availability and septic suitability. 7) The rendering of animal byproducts is performed offsite at a permitted facility. The attached ordinance is the result of the subsequent Planning Commission Work Sessions. These proposed amendments would allow for agricultural slaughtering 74 facilities that employ no more than 20 full time employees as a permitted use, and agricultural slaughtering facilities that employ more than 20 full time employees as a conditional use. Upon review of the proposed amendments, and through consultation with legal counsel, it is Staffs view that the proposed amendments may not be compliant with the Growth Management Act, specifically: • RCW 36.70A.060(1)(a) Requires adoption of development regulations to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170 • RCW 36.70A.177(3) identifies requirements for accessory uses allowed as innovative zoning techniques. • WAC 365-190-040(12) "...Uses that would convert natural resource lands to other uses or would interfere with the allowed natural resource uses must be prohibited except as authorized in accessory uses under RCW 36.70A.177 or other applicable statutes..." • WAC 365-196-815(1)(b)(i) "Development regulations must prevent conversion to a use that removes land from resource production. Development regulations must not allow a primary use of agricultural resource lands that would convert those lands to nonresource purposes. Accessory uses may be allowed, consistent with subsection (3)(b) of this section." Staff proposes that a review of the original draft conditions, specifically 2, 6a, 6b, and 6c, may provide guidance for language that may allow agricultural slaughtering facilities in the Agriculture (AG) zoning district and still meet Growth Management Act requirements. 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PROPOSED BY: SPONSORED BY: BY: INTRODUCTION DATE: ORDINANCE NO. ZONING AMENDMENT TO ALLOW AGRICULTURAL SLAUGHTERING FACILITIES IN THE AGRICULTURE ZONING DISTRICT WHEREAS, an application has been submitted by Gabriel Claycamp to amend the Agriculture (AG) zoning district to allow the small scale slaughter of livestock; and WHEREAS, the proposed amendment has been reviewed under the State Environmental Policy Act (SEPA); and WHEREAS, In accordance with RCW 36.70A.106 Whatcom County Planning and Development Services notified the Department of Commerce of the proposed zoning text amendment; and WHEREAS, notice of the Whatcom County Planning Commission hearing on the proposed amendment was published in the Bellingham Herald; and WHEREAS, the Whatcom County Planning Commission held a public hearing on the proposed amendment and considered all testimony; and WHEREAS, the Whatcom County Planning Commission held 3 work sessions on the proposed amendment; and WHEREAS, the Whatcom County Planning Commission forwarded its findings and reasons for action to the County Council; and WHEREAS, the Whatcom County Council has reviewed the Planning Commission recommendation; and WHEREAS, the Whatcom County Council hereby adopts the following findings of fact and conclusions: FINDINGS 1. The proposal is to amend the Agriculture (AG) District portion of the Zoning Code (WCC 20.40), to allow for agricultural slaughtering facilities. 2. The proposal was posted on the County website on June 5, 2012. 3. Notice that the proposal had been posted on the County website was sent to citizen, media and other groups on the County's e-mail list on June 11, 2012. Page 2 76 2 4. Notice of the subject amendment was submitted to the Washington State 3 Department of Commerce on June 5, 2012. 4 5 5. Notice of the Planning Commission work session for the subject amendment 6 was posted on the County's website in May 2012. 7 8 6. In order to approve the zoning amendment, the County must find that is 9 consistent with the Growth Management Act. Additionally, the County must 10 find that the zoning amendment is consistent with and implements the 11 Whatcom County Comprehensive Plan. 12 13 7. The Growth Management Act includes a planning goal to "Encourage 14 economic development throughout the state that is consistent with adopted 15 comprehensive plans, promote economic opportunity for all citizens of this 16 state, especially for unemployed and for disadvantaged persons, promote the 17 retention and expansion of existing businesses and recruitment of new 18 businesses, recognize regional differences impacting economic development 19 opportunities, and encourage growth in areas experiencing insufficient 20 economic growth, all within the capacities of the state's natural resources, 21 public services, and public facilities" (RCW 36.70A.020(5)). 22 23 This proposed zoning amendment would allow for agricultural slaughtering 24 facilities within the agriculture zoning district. Presently, agricultural 25 slaughtering facilities are prohibited within the agriculture zoning district. 26 Staff recognizes the benefit to the agricultural industry this amendment 27 would provide by allowing greater opportunities for farmers to get their 28 product to the end user. The Growth Management Act allows for jurisdictions 29 to implement innovative zoning techniques, which should be designed to 30 conserve agricultural lands and encourage the agricultural economy. This 31 proposed amendment would support planning goal RCW 36.70A.020(5) 32 Economic Development. 33 34 8. The Growth Management Act also includes a planning goal to "Maintain and 35 enhance natural resource -based industries, including productive timber, 36 agricultural, and fisheries industries. Encourage the conservation of 37 productive forest lands and productive agricultural lands, and discourage 38 incompatible uses" (RCW 36.70A.020(8)). 39 40 This proposed zoning amendment would allow for agricultural slaughtering 41 facilities within the agriculture zoning district. Staff recognizes the benefit to 42 the agricultural industry this amendment would provide by allowing greater 43 opportunities for farmers to get their product to the end user. This proposed 44 amendment would support planning goal RCW 36.70A.020(8) Natural 45 Resource Industries. 46 Page.3 77 1 9. Policy 8B-1: Promote the expansion and stability of local and regional 2 agricultural economies 3 4 This proposed zoning amendment would allow for agricultural slaughtering 5 facilities within the agriculture zoning district. Presently, Keizer Meats of 6 Lynden operates a mobile slaughtering unit, which is the only USDA 7 approved slaughtering facility north of Seattle that is open to the public. 8 Keizer Meats has received conditional approval to operate a small scale 9 agricultural slaughtering facility at the location of their approved meat cutting 10 and packing facility on Bob Hall Rd. Approval of this proposed amendment 11 would allow citizens within the agriculture zoning district to provide 12 slaughtering services to Whatcom County farmers and allow greater 13 opportunities for farmers to get their product to the end user. 14 15 10. Policy 8B-2: Assist Whatcom County's agricultural industry in the pursuit of 16 its long-term economic potential. This should include the development of 17 strategies and policies necessary to reach this potential, in terms of both 18 production and diversity. 19 20 This proposed zoning amendment would allow for uses not presently allowed 21 in the agriculture zoning district. Allowing this use may increase production 22 and diversity of livestock by providing greater opportunities for livestock 23 owners to get their product to the end user. 24 25 11. Policy 8B-4: Support methods and strategies to market Whatcom County 26 agriculture in ways which ensure that agricultural activities (such as dairying) 27 and entities (such as processors) will remain here in the long term. 28 29 Allowing agricultural slaughtering facilities within the agriculture zoning 30 district would provide a new method for marketing Whatcom County 31 livestock, as there are not presently any permitted Conditional Use Permits 32 for agricultural slaughtering facilities within Whatcom County jurisdiction that 33 are open to the public 34 35 12. County -Wide Planning Policy I-5: The county and the cities should include an 36 economic development element in their Comprehensive Plans. Economic 37 development elements should be consistent with the CEDS. Economic 38 development shall be coordinated with environmental concerns to protect the 39 quality of life. Planning efforts should address economic sustainability. As 40 part of the comprehensive planning process and through implementation of 41 the comprehensive plan, the County shall develop and adopt goals, policies 42 and regulations that protect resource land industries and support and 43 encourage resource -based industries. 44 45 Approval of this proposed amendment would allow citizens within the 46 agriculture zoning district to provide slaughtering services to Whatcom Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 County farmers and allow greater opportunities for farmers to get their product to the end user. By approving the proposed amendment, comprehensive plan goals and policies and their related development regulations that support and encourage resource -based industries would be implemented. 13. County -Wide Planning Policy I-9: The County and the cities recognize the need for the protection and utilization of natural resources and resource lands including agricultural, mineral, forestry and fishing. As part of a broad based economy, productive timber, agriculture and fisheries industries should be supported in a sustainable manner. Approval of this proposed amendment would allow citizens within the agriculture zoning district to provide slaughtering services to Whatcom County farmers and allow greater opportunities for farmers to get their product to the end user. Approval of this proposal would allow for an increase the economic base for agricultural products related to livestock. CONCLUSIONS 1. The proposed amendments are consistent with the Whatcom County Comprehensive Plan. 2. The subject amendment serves the public interest by supporting the local agricultural industry. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom County Zoning Code is hereby amended as shown in Exhibit A. Page 5 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 BE IT FURTHER ORDAINED that if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional; such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this code and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. ADOPTED this day of , 20 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Civil Deputy Prosecutor Page 6 Kathy Kershner, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: :1 1 EXHIBIT A 2 3 Chapter 20.40 4 AGRICULTURE (AG) DISTRICT 5 20.40. 050 Permitted uses. 6 .056 Agricultural slaughtering facilities that employ no more than 20 full time 7 employees. 8 20.40.150 Conditional uses. 9 .164 Agricultural slaughtering facilities that ernl2loy more than 20 full time 10 employees. 11 12 Chapter 20.36 13 RURAL (R) DISTRICT 14 15 20.36.130 Administrative approval uses. 16 .136 In R5A and R10A zoning districts, the processing of agricultural products that 17 originate from the permitted uses in WCC 20.40.050, provided the following criteria 18 are met: 19 (1) -rhe facility is not an agricultural slaughtering facility slaughtel=heuse or 20 mushroom substrate production facility. 21 20.36.150 Conditional uses. 22 20.36.163 In R5A and R10A zoning districts, the processing of agricultural 23 products that originate from the permitted uses in WCC 20.40.050, provided the 24 following criteria are met: 25 (1) "rhe facility is not an agricultural slaughtering facility or 26 mushroom substrate production facility. 27 28 Chapter 20.80 29 Supplementary Requirements 30 20.80.200 Setback requirements 31 20.80.255 Agriculture District. 32 (1) -rhe 50-foot front yard setback requirement for new buildings or additions may 33 be waived if the zoning administrator finds the new building or addition is located 34 along the same building line(s) of existing structures and will result in no additional 35 encroachment, the public interest, safety and health are protected; provided, that 36 for a new building the applicant shall also demonstrate that the proposed location is 37 necessary for the economic viability and the continued operation of the agricultural 38 use. Page 7 1 (2) The minimum separation between new residences not located on the same 2 property and farm uses such as barns, pens, milking sheds, agricultural 3 slaughtering facilities, or areas used to contain, house or feed animals or store 4 manure or feed, shall be 300 feet. New farm uses such as barns, pens, milking 5 sheds, agricultural slaughtering facilities, or areas used to contain, house or feed 6 animals or store manure or feed, shall be situated at least 150 feet from existing 7 residences not located on the same property. Expansion of existing facilities within 8 the 150-foot buffer, providing such expansion is not closer to a neighbor's 9 residence, and pastures are excluded from this section's requirements. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Chapter 20.97 Definitions 20.97.010.2 Agricultural slaughtering facility "Agricultural slaughtering facility" means a facility that engages in slaughtering, on or off site, and the processing of agricultural slaughter products in accordance with local, state, and federal health and agricultural regulations. Agricultural slaughtering_ facilities do not include rendering facilities. 20.97.343 Rendering "Rendering" means the process or business of separating fat from meat or animal remains. 20.97.424 Slaughtering "Slaughtering" means the killing of animals for human consumption. Page 8 File # PLN2012-00008 August 27, 2012 Agricultural Slaughtering Facilities Planning Commission Recommendations, Page 1 WHATCOM COUNTY PLANNING COMMISSION Agricultural Slaughtering Facilities Zoning Code Amendments FINDINGS OF FACT AND REASONS FOR ACTION 1. The proposal is to amend the Agriculture (AG) District portion of the Zoning Code (WCC 20.40), to allow for agricultural slaughtering facilities. 2. The proposal was posted on the County website on June 5, 2012. 3. Notice that the proposal had been posted on the County website was sent to citizen, media and other groups on the County's e-mail list on June 11, 2012. 4. Notice of the subject amendment was submitted to the Washington State Department of Commerce on June 5, 2012. 5. Notice of the Planning Commission work session for the subject amendment was posted on the County's website in May 2012. 6. In order to approve the zoning amendment, the County must find that is consistent with the Growth Management Act. Additionally, the County must find that the zoning amendment is consistent with and implements the Whatcom County Comprehensive Plan. 7. The Growth Management Act includes a planning goal to "Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities" (RCW 36.70A.020(5)). This proposed zoning amendment would allow for agricultural slaughtering facilities within the agriculture zoning district. Presently, agricultural slaughtering facilities are prohibited within the agriculture zoning district. Staff recognizes the benefit to the agricultural industry this amendment would provide by allowing greater opportunities for farmers to get their product to the end user. The Growth Management Act allows for jurisdictions to 1 File # PLN2012-00008 August 27, 2012 Agricultural Slaughtering Facilities Planning Commission Recommendations, Page 2 implement innovative zoning techniques, which should be designed to conserve agricultural lands and encourage the agricultural economy. This proposed amendment would support planning goal RCW 36.70A.020(5) Economic Development. 8. The Growth Management Act also includes a planning goal to "Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses" (RCW 36.70A.020(8)). This proposed zoning amendment would allow for agricultural slaughtering facilities within the agriculture zoning district. Staff recognizes the benefit to the agricultural industry this amendment would provide by allowing greater opportunities for farmers to get their product to the end user. This proposed amendment would support planning goal RCW 36.70A.020(8) Natural Resource Industries. 9. Policy 8B-1: Promote the expansion and stability of local and regional agricultural economies This proposed zoning amendment would allow for agricultural slaughtering facilities within the agriculture zoning district. Presently, Keizer Meats of Lynden operates a mobile slaughtering unit, which is the only USDA approved slaughtering facility north of Seattle that is open to the public. Keizer Meats has received conditional approval to operate a small scale agricultural slaughtering facility at the location of their approved meat cutting and packing facility on Bob Hall Rd. Approval of this proposed amendment would allow citizens within the agriculture zoning district to provide slaughtering services to Whatcom County farmers and allow greater opportunities for farmers to get their product to the end user. 10. Policy 8B-2: Assist Whatcom County's agricultural industry in the pursuit of its long-term economic potential. This should include the development of strategies and policies necessary to reach this potential, in terms of both production and diversity. This proposed zoning amendment would allow for uses not presently allowed in the agriculture zoning district. Allowing this use may increase production and diversity of livestock by providing greater opportunities for livestock owners to get their product to the end user. 11. Policy 8B-4: Support methods and strategies to market Whatcom County agriculture in ways which ensure that agricultural activities (such as dairying) and entities (such as processors) will remain here in the long term. Allowing agricultural slaughtering facilities within the agriculture zoning 2 File # PLN2012-00008 August 27, 2012 Agricultural Slaughtering Facilities Planning Commission Recommendations, Page 3 district would provide a new method for marketing Whatcom County livestock, as there are not presently any permitted Conditional Use Permits for agricultural slaughtering facilities within Whatcom County jurisdiction that are open to the public 12. County -Wide Planning Policy I-5: The county and the cities should include an economic development element in their Comprehensive Plans. Economic development elements should be consistent with the CEDS. Economic development shall be coordinated with environmental concerns to protect the quality of life. Planning efforts should address economic sustainability. As part of the comprehensive planning process and through implementation of the comprehensive plan, the County shall develop and adopt goals, policies and regulations that protect resource land industries and support and encourage resource -based industries. Approval of this proposed amendment would allow citizens within the agriculture zoning district to provide slaughtering services to Whatcom County farmers and allow greater opportunities for farmers to get their product to the end user. By approving the proposed amendment, comprehensive plan goals and policies and their related development regulations that support and encourage resource -based industries would be implemented. 13. County -Wide Planning Policy I-9: The County and the cities recognize the need for the protection and utilization of natural resources and resource lands including agricultural, mineral, forestry and fishing. As part of a broad based economy, productive timber, agriculture and fisheries industries should be supported in a sustainable manner. Approval of this proposed amendment would allow citizens within the agriculture zoning district to provide slaughtering services to Whatcom County farmers and allow greater opportunities for farmers to get their product to the end user. Approval of this proposal would allow for an increase the economic base for agricultural products related to livestock. CONCLUSIONS The proposed amendments are consistent with the Whatcom County Comprehensive Plan. 2. The subject amendment serves the public interest by supporting the local agricultural industry. RECOMMENDATION 3 EM File # PLN2012-00008 August 27, 2012 Agricultural Slaughtering Facilities Planning Commission Recommendations, Page 4 Based upon the above findings and conclusions, the Whatcom County Planning Commission recommends approval of: Exhibit A, Whatcom County Zoning Code amendment. WHATCOM COUNTY PLANNING COMMISSION �A X ar Date Sam Ryan, Secr ary Date Commissioners present at the August 9, 2012 meeting when the vote was taken: Rod Erickson, Gary Honcoop, John Lesow, Michelle Luke, David Onkels, and Ben Elenbaas, Mary Beth Teigrob. Vote: Ayes: 5, Nays: 2, Abstain: 0, Absent: 2. Motion carried to adopt the above amendment. M WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-306 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 1019112 Council Committee Originator: 3 _ e ,1. �/"� 9/12/12 of the Whole Wendy Wefer-Clinton (Executive Session) Division Head 9112112 Karen S. Goens OCT 0 2 2012 Dept. Head: WHATCOM COUNTY Prosecutor: COUNCIL Purchasing/Budget: AA Executive: ,000 00-1 Q I /� TITLE OF DO T. ATTACHMENTS: SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: S UMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) 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. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 — 301 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9/6/2012 9/25/2012 Introduction Division Head: 10/9/2012 Hearin Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Ordinance amending WCC 9.32.160, No Shooting Zone #5 ATTACHMENTS. SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 10/9/2012 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) It has been brought to the Council's attention that the legal description outlined in th,e Whatcom County Code for No Shooting Zone Number 5 needs to be amended to clarify that the boundaries of the zone cover all the Bonneville Power Administrations transmission line easement area. COMMITTEE ACTION. COUNCIL A CTION, 9/25/2012: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.wlzatcom.wa.uslcouncil. SEPTEMBER 25 INTRO - NO SHOOTING ZONE #5 PROPOSED BY: CLERK OF THE COUNCIL SPONSORED BY: CONSENT :INTRODUCTION DATE: SEPTEMBER 25, 2012 ORDINANCE NO. 2012- AMENDING WHATCOM COUNTY CODE 9.32.160 TO CLARIFY THE AREA COVERED BY NO SHOOTING ZONE NUMBER 5 WHEREAS, Whatcom County Code 9.32, Unlawful Discharge of Firearms, establishes procedures for creating no shooting zones in Whatcom County; and WHEREAS, Whatcom County Code 9.32 also sets forth the boundaries for all established no shooting zones in the County; and WHEREAS, it has been brought to the Council's attention that there is a discrepancy between Section A. and Section B. of Whatcom County Code 9.32.160, No Shooting Zone Number 5; and WHEREAS, the legal description in Section B. needs to be amended to clarify the original intent that the boundaries of the zone should cover all of the Bonneville Power Administration's transmission line easement area. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 9.32.160, No Shooting Zone Number 5, is hereby amended as described in Exhibit A and shown in Exhibit B to this ordinance. ADOPTED this day of ATTEST Dana Brown Davis, Clerk of the Council APPROVED AS TO FORM:' Civil Deputy Prosecutor 2012. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: :• EXHIBIT A (NO SHOOTING ZONE NUMBERS) 9.32.160 No shooting zone number 5 established. A. No shooting zone number 5 is also known as the zone in the Bonneville Power Administration line easement and area east of Lake Whatcom. B. The boundaries are described as follows: Portions of Sections 4, 5, 9 and 16, Township 37 North, Range 4 East, W.M., and Sections 29, 30, 31, 32 and 33, Township 38 North, Range 4 East, W.M., situate in Whatcom County, more particularly bounded and described as follows: Beginning at the intersection of the euth == northwesterly line of the Bonneville Power Administration line easement and the east line of Section 4 Township 37 Range 4E; thence northwesterly along said centhwesnorthwesterly line to the west line of Section 30 Township 38 Range 4E; thence south along said west line to the shoreline of Lake Whatcom; thence southeasterly along the shoreline to the east line of Section 16; thence north along the east line of Sections 16, 9 and 4 to the point of beginning. EXHIBIT B 91 HATCOM COUNTY COUNCIL AGENDA BILL NO. 20 i 2-3 i i CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 9125112 n E C E� V E D IRl OCT ��/ + O 2 2012 YYHAT1 COM COUNTY COUNCIL 10109112 Council Division Head: Dept Head: Prosecutor: Purchasin /Bud et: Executive: �� TITLE OF D ENT: Appointment to the Public Health Advisory Board ATTACHMENTS: Application for Appointment 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.) County Executive Jack Louws requests confirmation of his appointment of Ray Wolpow to the Whatcom County Public Health Advisory Board. COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.uslcounciL 92 JACK LOUWS N V I V "MNCILMEMBERS: County Executive rP,eGOM co`� Barbara E. Brenner SEP 21 2012 Sam Crawford Kathy Kershner Bill Knutzen z JACK LOUWS Pete Kremen COUNTY EXECUTIVE CaKlen Man eimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name:Date: Street Address: qa►'a- zs*ox SAee\ City: iata\vr%A\-1 n Zip Code: ?g aaq -ji is Mailing Address (if different from street address): Day Telephone: 3(oG 660 Evening Telephone: IGO 114-'I4 A + Cell Phone: E-mail address: 9"We)ipew Cc�mcc�5k. +net 1. Name of board or committee -please see reverse: R_X� c. }Aecx\*n �OGI.t-a 2. You must specify which position you are applying for. Please refer to vacancy list. Eau co-k uN 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.)-------------------------------------------------------- W yes ( ) no 4. Which Council district do you live in?--------------------------------------------X One ( ) Two (�) Three 5. Are you a US citizen?-------------------------------;------------------------------------------------------ (Xj yes ( ) no 6. Are you registered to vote in Whatcom County?--------------------------------------------------------- (>I yes ( ) no 7. Have you ever been a member of this Board/Commission?------;------------------------- ( ) yes no If yes, dates: S. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ----------------------------------------- ( ) yes (sr) no If yes, please explain: 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. F r�Fessec- 6 Secandq,ry L d�a cc.�►oh . �e s�e�rn �►.Z��s��n7 uy1�YC cil �enc�if-Hu �Y' a� 6 SP Y \����� 4,�.•-� ca�bt ooif, can l r� u.�►�+nnaA onc3� LQu �-�n � ntr -�c� c-M e�1�,� � fyln s ck ao\ °�� �� �e=-✓�clsa�t t's���l SC�oin� a1 �c�nea-Collebe M& Cc,\uMbut\�Y►iV�-�l� On.A. �e�r, 5kca4e_ u n < ve Esc 10. Please describe why you're interested in serving on this board or commission: TvivA4j a \vsj -Z)r. References (please include daytime telephone number): W acamizy C%k1ge 4 Signature of applicant: THIS IS A PUBLIC DOCUMEPWAs AQwvflidate 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 arc expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these ...�......a.. a:.. �.. —.. �.. ........la :� ..........a:..— ..i .. �......�a..�...�a ....d ......�......1 i..►r aV.. ...........a:.... .�....:a:... 93 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-312 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 10/01/12 � � � � � � � � D OCT 0 2 2012 WHATCOM COUNTY COUNCIL 10/09/12 Council Division Head: Dept. Head: Prosecutor: Purchasing/Budget: 4A Executive: i v / " /j TITLE OF D U NT.• Appointment to the Whatcom County Appeals Board ATTACHMENTS: Application for Appointment 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.) County Executive Jack Louws requests confirmation of his appointment of Brenan Filippini to the Whatcom County Appeals Board. COMMITTEE ACTION. • COUNCIL ACTION. Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing tCoun 's website at. www.co.whatcom.wa.us/council. 0910512012 05: 49 `8888849127 FILIE3= CE 1 \ / ED PAGE 01 JACK LOUWS pM �. g �/ COLFNCILMEMBERS, County Exeoutiva Barbara E. Brenner S E P 2 0 2012 Sam Crawford Kathy Kershner Bill Knen JACK LO U WS Pete Kremen COUNTY EXECUTIVE c Kenri Mann rner APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name•& 06A QPl B► Date: — Street Address: 1 IS t L_; W RSA `~t Lj A*iiA-*% I W city: l (,rr�..16 Wy -- - Zip Code: Mailing Address (if different from street address): Day Telephone: 56a- % �, �% Evening Telephone: 5nn.- Cell Phone; E-mail address: 1. Name of board or committee -please see reverse: 2. You must specify which position you are applying for. Please refer to vacancy list. pt4OT"t �i4�rtl�N�- 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.) ----------------------- -.--.------------------------- Poi yes ( ) no 4. Which Council district do you live In? ---------------- 1 5. Are you a US citizen? -------- ---------------...__ _-....._.._......,.A._..---( ) One ( ) Two ( ) Three ---------- ----------------------- - go yes ( ) no 6. Are you registered to vote in Whatcom County? ---------------------.._- -----_-------._ J1 ) yes {) no 7. have you ever been a member of this board/Commission?------------------------------------------------ C ) yes no If yes, dates: _ S. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does busi ess with Whatcom County? -------------------------- ---------•----�- X) yes �<) no If yes, please explain: aW dd de.l h'lPo ftXX I.4STAL 1v041F- "F-aR.. wi{R eaC4"-Ml 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. 1�?l+ts Uy1 D wn Jro Y — GUrre. �.is���lr.,. ��t t�„et �,,.N••sUP �rr�fwr.�— �,�— car' G+..9n�.IC 't'+��+�p �'- t,y /kit-ra►.s C ��„«•w-� �� ,�� e: t�5 �� "' C.c,rre.n�` 7.0. Please describe why you're interested in serving on this board or commission:S 39- 4ocU- Grxibrtnlp A`; A 'Mr6 ` r*&Of File m �* ' bo-e 72) 7'[.4Wfj*A- j`1/f'X"W MA-ThrTW -,, ,5rFec.tetX References (please include daytime W4one number): !;" & s 13� • ' " �` 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. 95 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 - 92 C CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. County Cou 9/24/2012 10/9/2012 County Council Division Head - Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Appointments to Solid Waste Advisory Committee ATTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Appoint Amber Jones, Sanitary Service Company, to Business/Industry position vacated by the resignation of Ed Nikula. This is a partial term expiring January 31, 2014. Appoint Casey Heinle to vacant citizen representative position. This is a full term expiring January 31, 2016 COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www. co. whatcom. wa. us/council. .e CLERK OF THE COUNCIL Dana Brown -Davis. C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 (360)676-6690 (360) 738-4555 TTY .tGoM CO ?P `�A s' A �Lq� G�0 WHATCOM COUNTY COUNCIL COUNCIL -APPOINTED BOARDS AND COMMISSIONS VACANCIES September 26, 2012 COUNCILMEMBERS Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Pete Kremen Ken Mann Carl Weimer The Whatcom County Council makes appointments. All members must live in and be registered to vote in Whatcom County and, if applicable, meet the residency, employment, and/or affiliation requirements of the position. Applications are available in the Council Office, Whatcom County Courthouse, 311 Grand Ave., Ste. 105, Bellingham, on the County website (http://www.co.whatcom.wa.us/boards/boardsapplication.pdf), or phone 360-676-6690. For more information on a board or committee, call the Council office at 676-6690, unless otherwise noted. The County Council will make appointments at a regular County Council meeting in the County Council Chambers, 311 Grand Avenue, Bellingham. SOLID WASTE ADVISORY COMMITTEE 3 Vacancies Residency, employment, and/or affiliation requirements specific to the position(s): • 2 representing citizen groups • 1 representing Business/Industry. This is a partial term effective Sept. 1, 2012 to Jan No two representatives can be from the same company or public interest group. Purpose: The committee provides ongoing public input and advice to Whatcom County management issues. Three year term. Generally meets the last Thursday of the month. BUSINES AND INDUSTRY - ONE VACANCY (partial term expiring 1/31/13): • Applicant(s): Amber Jones, Sanitary Service Company CITIZEN GROUP - TWO VACANCIES (full terms expiring 1/31/16): • Applicant(s): Casey Heinle 31, 2014 on solid waste 97 CD) 'L—� JACK LOUWS �oM �� C 0 V ' fNGtLMEMBERS: County Executive �� v arbara E. Brenner Sam Crawford SEP 2 4 2012 Kathy Kershner Bill Knutzen �43HfHGc WHATCOM COUNTY Pete Kenremen COUNCIL Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: 'A m 3brts Date: Street Address: �1-i 1 i 1�\)-t 7fl �L City: t' :i rNC— .&' Zip Code: Mailing Address (if different from street address);l✓iYl'L y+ 3to o -m3 74 i6 Day Telephone: 3�O �J5 I�t Zip Evening Telephone: ��� ��13 I�I Ly Cell Phone: E-mail address: ssc " 1 NY t 0" 1. Name of board or committee -please see reverse: Sbu 1 v 2. You must specify which position you are applying for. Please refer to vacancy list.St�� Y�_A 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.) (�j yes ( ) no 4. Which Council district do you live in? ( ) One QTwo ( ) Three 5. Are you a US citizen? (N) yes ( ) no 6. Are you registered to vote in Whatcom County? yes ( ) no 7. Have you ever been a member of this Board/Commission? ( ) yes 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 Courty? (�) yes ( ) no If yes, please explain: �(�t L � �L�x� YEA �c 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. 10. Please describe why you're interested in serving on this board or commission: 7 (aaro, 1 lit. -Ay lfli A _ VW . U 0 f o o Tj) _ References (please include daytime telephone number): 3 3ll� 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. 9• JACK LOUWS �9U{CILMEMBERS: County Executive �P�GOM cr'ty B r ra E. Brenner Sam Crawford ~� SEP 2 5 Kathy Kershner 2012 Bill Knutzen rv�r�o' WHA COUNCIL COU Pete Kremen NTY Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL. ITEMS Name: CAS�c-y NET- NL.E Street Address: 118 C V(-_ L.LO 6 6 -in. AP-1 (j 3 City: 1 E_0: iGHAM Mailing Address (if different from street address): Day Telephone: Evening Telephone: E-mail address: CAS&` WEWLE CQ GMAzL.CoM Date: bfa L,,l /fill Zip Code: 7 13z-z0 Cell Phone: 360- -73 i - 739�, 1. Name of board or committee -please see reverse: Sa{;(/ �tlai�e ./i�JiSory-bwivnj Ilan 2. You must specify which position you are applying for. Please refer to vacancy list. 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.) -----------------------------------------------------_--(-ryes ( ) no 4. Which Council district do you live in?---------------------------------------------------------------- ) One (XTwo ( ) Three 5. Are you a US citizen?______________________._._-__-_--_-___-__--__---_-_-__---__---------_-___--_-_--_--_.---- yes ( ) no 6. Are you registered to vote in Whatcom Count ------------------------------------------------------ Y• w -- (/) yes ( ) no 7. Have you ever been a member of this Board/Commission? ---------------------------------------------- ( ) yes f4no 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? ------------------------------------------------- ( ) yes no If yes, please explain: 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. 10. PleaseiIdescrib why++'you're ;nd0lvew+e�� t,►+tt,;,� ted in serving on this board or commission: References (please include daytime telephone number): C� 1-1 Ne-d Di gee Lr IPQ Oaer4"01'i , V dV�-, kK� 14*04 1 . _:?A0 . Signature of applicant: Syl3 I,At V zrp,2r icy 1'6 11146n4C-1 �10635-UUS 14w C4(,r, R4�4Cti Kq met 9 iieA s 133. THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the above information will be available to the County Coun ill, 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. &•