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Packet Apr 10 2012
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 — 66 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Crawford 3/28/2012 4/10/2012 Natural Resources Division Head. - Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Discussion of options re: DNR land in Lk. Whatcom Watershed ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) 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.) General discussion of available options related to DNR property in the Lake Whatcom Watershed 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.whatconz.wa.us/council. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 — 139 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: L 4/3/2012 4/10/2012 NR/Council Division Head: Dept Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT.• Resolution re: DNR closure of trails - North Fork 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) Resolution regarding Department of Natural Resources (DNR) closure of trails - North Fork 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. 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 RES. 2012 - MOUNTAIN BIKE SPONSORED: Crawford, Mann, Kremen PROPOSED: Consent INTRODUCTION: RESOLUTION NO. REQUESTING THE WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES TO WORK WITH MOUNTAIN BIKE ADVOCATES AND USERS TO DEVELOP AND MAINTAIN CONTINUED USE OF MOUNTAIN BIKE TRAILS IN THE AREA OF THE NORTH FORK OF THE NOOKSACK RIVER WHEREAS, Whatcom County is endowed with an extensive forested mountainous landscape ideal for the pursuit of mountain biking, hiking, and other passive recreational activities; and WHEREAS, the available land that can be utilized for mountain biking is somewhat limited relative to the forested mountainous areas of the county because of ownership issues, conflicts with neighboring uses, and access to trail networks; and WHEREAS, Whatcom County has become recognized nationally as a mountain biking mecca', attracting world -class mountain bikers along with the associated economic input to our community's prosperity; and WHEREAS, the significant local economic infrastructure supporting the recreation and sport of mountain biking continues to rely on availability of a variety of locations to engage in mountain bike activity; and WHEREAS, local mountain bike organizations already exist that have demonstrated the ability to organize and collectively to address trail construction, maintenance, self -policing and impact mitigation; and WHEREAS, the area of Whatcom County known as the North Fork of the Nooksack River has been developed by users over the past 20 years into a key location (along with Galbraith Mountain and the Chuckanuts) for mountain bike recreation and sport; and WHEREAS, the Washington State Department of Natural Resources has announced the upcoming closure of the North Fork of the Nooksack River to off -road mountain bike use; and WHEREAS, the activity of mountain biking as a recreation and a sport can be coordinated with other forest use priorities such as logging, hunting, hiking, winter recreation, fishing, fire prevention, and environmental stewardship to bring about enhancement and protection of the forest landscape for future generations. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NOW THEREFORE, BE IT RESOLVED by the Whatcom County Council that we strongly encourage the Washington State Department of Natural Resources to withdraw its deadline to close the North Fork of the Nooksack River to off -road mountain bike use, and instead to engage and collaborate with mountain bike users and advocates in maintaining and continued development of a network of mountain bike trails in that area in a mariner that is environmentally protective and compatible with other forest uses. ADOPTED this day of April, 2012. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor Page 2 Kathy Kershner, Council Chair M WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 — 108 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: B-Davis 3/5/2012 4/10/2012 Finance Committe Division Head: De t. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT.• Annual update from the Commission Against Domestic Violence 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.) Annual update from the Bellingham-Whatcom County Commission Against Domestic Violence 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. 3/28/2012 DV Commission me. ' "r'sjrom Whatcom_ I } • Bruce Van Glubt Burke • Regina Delahu„t,' .MaryDumas • Sheriff BiII Elf '• N, $' i Finkb(jgner • Dave McE c M I R r • Jon Komo TeStutesrrian ea:ncies ' Why does this matter to ou'r cornmunitf? f History The DV Commission wo 9981�y a joint resolut the City of Bellingham tcomCounty. In2006,Ordinancesof, ,Suppot ere�,assedbyeachof the five additionofitoVounty. �I To provide lea miinty°sefforts to preven St tc violence. s Domestic Violence Data, 2010, Whatcom tY. • WCSO responded to 388 D ses 6 Verbals • 1,420 DV -related jail booki • 349DVMisdemeanor chargesfiled`inDistrictCourt; 187 DV Felonies filed..irrSiiperrid Co6rt. • 378 DV Protection' ,Orders fdetlk` . - „ (Au tv • 6 intimate partn `ties m 3com • 201 individuals jerprator tx • 1,438 victims r m>DVSASA47 women and 12 re d _t 111�omencare Shelter and 2,397 calls made to omencare's Strategic Im ia, . es: 2012 — 2014 Strate h • Children impacted by D. • Fatality review:• ' • Follow-up oil past proje`s L x — DV in the '""lace —SafetyA EP-process . • Perpetrat s F rr ew ata. 9 3/28/2012 On -Going Initi ves: 2012-20145tra flan. Bench markReports Domestic;teareness r " Month Trainings 4� For more inforr ion: www.dvcom n.or Sus in M ;[ks D rector Office 3 2-57Q W 24-9 Smark sion.or Grant Projects: USDOJ, OVw GTEA 4: $387,000 for 2 - 1 — Domestic Violence Spec ' a:- — Legal advocacy for OFPs —Riskassessment STEP: $550,OOOforyear. ;X — Pilot project — Comprehens' ponse to ' domestic vio o entice, sexual assault, and stalking i d high schools a„t a �. � = k E pM / T ��U ,V, ` "Q . January 2012 The Commission consists of 13 government and 14 community members. Government officials are designated by government position. Community members are selected by the Mayor and the County Executive from among members of the community who have an interest in, or are impacted by, domestic violence. (14) Designated Government Representatives Term Exp. Name Communitv Position January 31, 2012 Michael Knapp Selected Police Chief-Whatcom County Cities January 31, 2012 Linda Quinn Selected Superintendent-Whatcom Co. School Districts January 31, 2013 Laurie Alexander Designated Representative of DSHS/DCFS January 31, 2014 Dan Story Designated Representative of DSHS/CSO January 31, 2015 Mayor Gary Jensen Designated Representative-Whatcom County Cities N/A Bruce Van Glubt Whatcom County District Court & Probation Administrator N/A Regina Delahunt Whatcom County Health Department Director N/A William Elfo Whatcom County Sheriff N/A Todd Ramsay Bellingham Police Chief N/A Dave McEachran Whatcom County Prosecutor N/A Jon Komorowski Whatcom County Public Defender N/A Linda Storck Bellingham Municipal Court Administrator N/A Shane Brady Bellingham City Attorney's Office (7) County Community Appointments Term Exp. Name Community Position _.. .. . ... ...... ...... .... . 'January ,ua 31; 2012.:" . ....... ...... ... ....... . .... __.. VACANT: January 31, 2012 Karen Burke January 31, 2013 Mary Dumas January 31, 2014 Cherie Stutesman January 31, 2014 Pat Buchinski January 31, 2015 Manuel Reta January 31, 2015 Nikki Finkbonner (7) City Community Appointments Mayor Employer Domestic Violence Victim Service Provider Community at Large Health Care Provider Human Service Provider Community at Large Human Service Provider Term Exp. Name Community Position January 31, 2012: VACANT Community at Large January 31, 2013 Sheri Emerson Human Service Provider January 31, 2013 Kirsten Hammer Domestic Violence Victim Service Provider January 31, 2014 Greg Winter Human Service Provider January 31, 2014 Rick Qualls Community at Large January 31, 2015 Darla Woolman Health Care Provider January 31, 2015 Sherry Mallory Major Employer WHATCOM COUNTY COUNCIL AGENDA BILL No. 1 2012-140, CLEARf1NCES Initial Date Date Received in, Council O ice A enda Date Assi ned. to: , Originator. 3/30/1.2.., APR 0 3 2012 4/10/12, . Finance/,Conn Division Head:. De t. Head: COUNTY COUNCIL Prosecutor.,_WHATCOM Purchasin /Bud et•. 4WA 3/3.0/12 Executive: I , TITLE OF DOC pproval to Award Bid 12-24, On -Call Contractor/Equipment List ATTACHMENTS: Memos from Finance SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR L GAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works River Flood Division is requesting County Council and Flood Control Zone District Board of Supervisors approval to award Bid 12-24 the On -Call Contractor/Equipment List. The intent of this bid is to obtain firm pricing and ensure prevailing wages are paid on all on -call projects. Public Works is requesting approval to award to all 18 names on the list and obtain approval to enter into contracts with each of the responsive bidders. The Contractors would only be used if a specific need arose. It is possible that more than $35,000 could be spent with a single vendor. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note..Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. ii WHATCOM COUNTY ADMINISTRATIVE SERVICES �P�GOM CCG� �9SHIN��0 FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager DATE: 30 March 2012 TO: Jack Louws, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Award of Bid 12-24, On -Call Contractor/Equipment List BACKGROUND The purpose of this bid is to establish prices and identify firms and individuals that are interested in providing labor and rental of construction equipment to the County on an on -call basis, and to ensure prevailing wages will be paid in accordance with State law. It is intended that this list will be used for various Public Works River & Flood Division projects and be available in a flood emergency. The following list is of the responsive and responsible bids that were submitted on Tuesday March 13. A list of available equipment and labor rates is attached. Public Works is requesting approval to enter into contracts with each of the firms in order to obtain firm labor and equipment rental rates for the period of April 2012 through March 31, 2013. Firms will only be used on an as needed basis. When a need arises, the County will select an appropriate firm from the list, based on equipment availability and suitability, with preference to low bidders. All Terrain Cutting Mike Amos Excavating Fraser Sand & Gravel Greenstar Services Haner Road Construction Drake Harkness Trucking Iverson Earthworks JTI Commercial Services Ness & Campbell Crane P&P Excavating Pacific Brush Cutting Penny Lee Trucking Ram Construction Sicklesteel Cranes Siper Quarry DL Sorenson Construction Western Refinery Services Mark White Enterprise It is possible that more than $35,000 could be spent with a single vendor. Public Works is requesting award to the multiple bidders as listed, upon approval by the County Council and Flood Control Zone District Board of Supervisors. Public Works is also requesting approval at this time to enter into contracts with each of the above vendors. I concur with the recommendation. Administrative Services Finance Manager Approved as Recommended: County Executive Date of Council Action 10 Whatcom County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 1, GRAVEL DUMP TRUCKS WITH OPERATOR s Fraser Sand & Gravel (360) 306-5825 / 410-9195 Location: Everson 10 16 2 $80.00 $90.00 Haner Rd Construction (360) 595-2497 / 661-6372 Location: Sedro Woolley 10 11 1 $100.00 $115.00 Drake Harkness Trucking (360) 592-2790 / 9614022 Location: Deming 10 13 1 $90.00 $105.00 P&P Excavating (360) 592-5374 / 815-4473 Location: Bellingham 10 12.5 3 $88.00 $102.00 Siper Quarry (360) 592,3500 / 410-8625 Location: Bellingham 10 13 2 $90.00 $100.00 DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson 10 12 1 $95.00 $110.00 Western Refinery Services (360) 366-3303 / 815-5182 Location: Femdale 10 12 2 $90.00 $110.00 - '�j '�at.�ak. A� �`Li'-c�-2� �.aiY�R CtI_�rIy�-,= ,�i< ��3.�.' k$_�.�T,' t��'�+4�, K��S%J.�A. 3`.:a2. „�' a�"fk1: pTS -,�x,k.5F�l)T;��Ri.s�1f ,. ]�,T��,_�`v 3.�'Fp�cf,�,'�_kA v,���i�,. .�r�4 �� j�-5i.:i+,��+'y�!rp,tisyF"��;t'�r?SS3T, '��":-��xY`a,��ti[,c'.�It�eu7-�i-£�".�rr5. 4.#.z.� .:'�'�Y'�`�r" tl.�..�.a.i. �� f. ����s �..,�.�pa,/rrrT ,3i}c-aA, /��-l_ �4?.� ��..e Yy- :�v;.l.Fr r8l �'�h�{y{V�{:'-Ffir�-�aI�". i►-�-J5-�.v[V5 .`.4a�ir'��ST "[�L[! Excavating 172 Loc n ham 12 15.5 1 $94.00 $94.00 Fraser Sand & Gravel (360) 306-5825 / 410-9195 Location: Everson 12 16 2 $80.00 $90.00 Iverson Earthworks (360) 366,3476 / 739-2446 Location: Custer 12 55,000 5 $85.00 P&P Excavating (360) 592-5374/815- 473 Location: Bellingham 12 15.5 3 $89.00 $97.00 Penny Lee Trucking (360) 403-7520 / (425) 754-7560 Location: Arlington 12 14 6 $115.00 $135.00 Ram Construction (360) 715-8643 / 715-0203 Location: Bellingham 12 33.31 4 $130.00 $148.00 Siper Quarry (360) 592-3500 / 410-8625 Location: Everson 12 15 2 $90.00 $100.00 DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson 12 16 2 $100.00 $115.00 Western Refinery Services (360) 366-3303 / 815-5182 Location: Femdale 12 15 5 $95.00 $115.00 Page 1 11 Whatcom County Bid 12-24 On -Call Rental Rates for Equipment with Operator Ell VQ Fraser Sand & Gravel (360) 306-5825 1410-9195 Location: Everson 24 35 2 $95.00 $105.00 Dump & Pony Trailer 60 35 2 $95.00 $105.00 Iverson Earthworks (360) 366-3476 / 739-2446 Location: Custer 7 Axle 22 98,000 2 $100.00 P&P Excavating (360) 592-5374/815-4473 Location: Bellingham 22 30 3 $110.00 $120.00 Penny Lee Trucking (360) 403-7520 1 (425) 754-7560 Location: Arlington 18 30 6 $130.00 $155.00 Siper Quarry (360) 592-3500 / 410-8625 Location: Everson 22 31 2 $115.00 $125.00 DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson 22 32 2 $125.00 $140.00 Western Refinery Services (360) 366-3303 / 815-5182 Location: Femdale 24 31-34 5 $110.00 $125.00 UN ------ . . . . . . 'W"'Wleftow �110• 01_4 'MY 9 W 1% 0011--i MINE i, r 001"W"No 1-0-N-5 g Fraser Sand & Gravel (360) 306-5825 / 410-9195 Location: Everson 30 16 2 $80.00 $90.00 End Dump 50 28 1 $90.00 $100.00 uNMN OEM Iverson Earthworks (360) 366-3476 1739-2446 Location: Custer 8 Axle Truck & Transfer 24 105,500 3 $110.00 P&P Excavating (360) 592-53741815-4473 Location: Bellingham 24 Yard Transfer 24 32 1 $110.00 $120.00 Penny Lee Trucking (360) 403-7520 / (425) 754-7560 Location: Arlington ISide Dump 18 30 5 $130.00 $155.00 Page 2 12 Whatcorn County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 2. ROCK DUMP TRUCKS WITH OPERATOR -M 1104 , WN, Owl aner Rd Construction 360) 595-2497 / 661-6372 Location: Sedro Woolley 10 11 1 $100.00 $115.00 Drake Harkness Trucking (360) 592-2790 / 961-4022 Location: Deming 10 13 1 $95.00 $110.00 Siper Quarry (360) 592-3500 / 410-8625 Location: Everson 10 13 2 $90.00 $100.00 DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson 10 12 1 $100.00 1 $115.00 M _;J ��Y k1D _W 4% Ike Amos Excavating 60) 815-4172 Location: Bellingham 12 15.5 1 $94.00 $94.00 Fraser Sand & Gravel (360) 410-9195/410-9207 Location: Everson 12 15 3 $85.00 $95.00 Iverson Earthworks (360) 366-3476 / 739-2446 Location: Custer 12 55,000 1 $85.00 P&P Excavating (360) 592-5374/815-4473 Location: Bellingham 12 15.5 2 $95.00 $105.00 Penny Lee Trucking (360) 403-7520 / ((425) 754-7560 Location: Adington 12 14 6 $115.00 $135.00 Siper Quarry (360) 592-3500 / 410-8625 Location: Everson 12 15 2 $90.00 $100.00 DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson 12 15 2 $105.00 $120.00 ORE^ No Bids -, M 17 ai W-MILM Mil.11 �54 0M AW W - Penny Lee Trucking (360) 403-7520 / (425) 754-7560 Location: Adington lSide Dump 18 28 5 $130.00 155.00 Page 3 13 Whatcom County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 3, SIDE DUMP TRUCK WITH OPERATOR q4 4Ur gm' �~ w`. M C�.�Y P&P Excavating (360) 592-5374/815-4473 Location: Bellingham 7-Axle Truck & Side Dump 22 31 1 $110.00 $115.00 Penny Lee Trucking (360) 403-7520 I (425) 754-7560 Location: Arlington Side Dump 18 28 5 $130.00 $155.00 Siper Quarry (360) 5923500 1410-8625 Location: Everson 01 KW Side Dumper 22 31 1 $115.00 $125.00 Western Refinery Services (360) 366-3303 1815-5182 Location: Femdale 4 Axle Truck with 3 Axle Side Dump 22 27.5 1 $110.00 $125.00 GROUP 4, SEMI -BOTTOM DUMP TRUCKS WITH OPERATOR No Bids VLs t8z' #Rf _BRUM Penny Lee Trucking (360) 403-7520 I (425) 754-7560 Location: Arlington 18 30 5 $130.00 $155.00 Siper Quarry (360) 592-3500 1410-8625 Location: Everson 18 27 1 $115.00 $125.00 . _;: = 2lEiRtxBEtt:Y=DyMP,3AXtEERAILER',.:_a- Penny Lee Trucking (360) 403-7520 I (425) 754-7560 Location: Arlington 20 30 5 $130.00 $155.00 GROUP 5, OFF -ROAD TRUCKS E7OURy���'�ys ¢A. pipp{��jr�'�(►�/�� BJ :. .. _... .. .. r,s� L4,a�SelviU 5.�, k .... ...- -. .r' Ram Construction (360) 715-86431715-0203 Location: Bellingham 21.7 30 2 $500.00 $180.00 $206.00 Siper Quarry (360) 592-35001410-8625 Location: Everson 20 30 3 $300.00 $125.00 $135.00 DL Sorenson Construction (360) 966-2628 I (425) 508-1490 Location: Everson 22 30 2 $300.00 $245.73 $270.73 Page 4 14 Whatcom County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 5. Off -Road Trucks, continued 016M Mike Amos Excavating (360) 815-4172 Location: Bellingham 4 6 1 $50.00 $90.00 $90.00 Tri Commercial Services (360) 815-0693 Location: Bellingham 4 5.25 1 $50.00 $90.00 $110.00 P&P Excavating (360) 592-5374/815-4473 Cell Location: Bellingham 5 8 1 $120.00 $95.00 $110.00 Mark White (360) 592-2923 / 815-4331 Cell Location: Deming 5 10 1 $105.00 $95.00 $105.00 GROUP 6, FRONT END LOADER WITH OPERATOR M Z ...... . . 9"W"W 0.4 . . . . . . Ram Construction 715-8643 / 715-0203 Location: Bellingham John Deere 544J 2.5cy Tire 22,645 9. 1 $500.00 $122.00 $148.00 John Deere 544H 2.5cy Tire 22,000 9. 1 $500.00 $129.00 $155.00 36 g, M-g� T rj,�� 20 g U DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson Fiat -Allis 645B 3.5cy Tire 1 $350.00 $132.00 $157.00 Western Refinery Services (360) 366-3303 / 815-5182 Cell Location: Femdale John Deere 444 3yd w/forks Tire 23,000 8-6- 2 $100.00 $105.00 $120.00 Kawasaki 65ZV 3.5yd Tire 1 26,000 Y 1 $100.00 $110.00 1 $125.00 em OR MR.. jt7, WMIJIGURLY r(36O) ;ZE Iverson lvefs n Earthworks 's 0 366-3476 / 739-2446 Call Location: ocation: Custer John Deere 644 E Tim 40,000 10'8" 2 $200.00 $110.00 Ram Construction (360) 715-8643 / 715-0203 Location: Bellingham John Deere 644J 4.25cy Tire 38,800 1 10.5. 1 $500.00 1 $150.00 $176.00 Siper Quaffy (360) 592-3500 / 410-8625 Location: Everson John Deere 644 Tire 30,000 8' 1 1 $300.00 $100.00 1 $110.00 DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson Hyundai 760 4.5cy Tire 1 1 $600.00 1 $164.00 $189.00 Page 5 15 Whatcom County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 6, Front End Loader with Operator - continued No Bids _ '.a \ :I" dII .-- - - - "fit -Yw` i ? rI< . 4: .:y.. �: _ rIYIISCI�5 F1 1E ..,. x ` Y: ; t j �gky Fraser Sand & Gravel (360) 410-9195/410-9207 Cell Location: Everson 980C 7cy Tire 65,000 17' 1 $125.00 $115.00 $135.00 JTI Commercial Services (360) 815-0693 Location: Everson Bobcat T770 High Speed Track 9,000 1 $50.00 $95.00 $115.00 BobcatT250 Track 9,000 1 1 $50.00 $95.00 $115.00 Siper Quarry (360) 592-3500 / 410-8625 Location: Everson - CAT 980 6cy Tire 65,000 9' 2 $300.00 $130.00 $140.00 CAT 988 9cy Tire 1 80,000 10, 2 $500.00 $150.00 $160.00 DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson John Deere 844 - 7.5cy Tire 65,800 1 $2,000.00 $294.00 $319.00 GROUP 7. DOZERS WITH OPERATOR � BIDEiI C DHE k b x J� XANit� L k� 1� L'' a ICA�_B1,I0�' P&P Excavating (360) 592-5374/8154473 Location: Bellingham CAT D-3 16,000 1 No $110.00 $90.00 $95.00 DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson CAT D-3 w/Brush Rake 15,160 2 No $350.00 $103.42 $128.42 CAT D-3C LGP w/ pyramid grousers 17,160 2 No $350.00 $108.59 $133.59 fl EG VVIGFFI _ ; . f1NFE$.' RIPEERS < . < ICITJtII� ,�rIURY t Fraser Sand & Gravel (360) 410-9195/410-9207 Cell Location: Everson CAT D-4H 24,000 1 No $95.00 $95.00 $120.00 Iverson Earthworks (360) 366-3476 / 739-2446 Cell Location: Custer John Deere 550 18,252 1 Yes $120.00 $90.00 John Deere 650 G w/ winch & Brush Rake 19,750 1 No $120.00 $95.00 Penny Lee Trucking (360) 403-7520 / (425) 754-7560 Cell Location: Arlington CAT D4C 25,000 1 No $125.00 $100.00 $125.00 DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson CAT D-4CXLIII 18,073 2 No $350.00 $115.00 $140.00 Page 6 16 Whatcom County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 7, Dozers with Operator, continued P&P Excavating (360) 592-53741815-4473 Cell Location: Bellingham CAT D-6RLGP w11 3'Blade +Permits 49,000 1 No $120.00 $125.00 $125.00 Penny Lee Trucking (360) 403-7520 1 (425) 754-7560 Cell Location: Arlington cATD6H 47,000 1 No $125.00 $105.00 $130.00 gg p-wo"mR.-a' _p 4e I WE _11A U DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson .CAT D-8H wTFift 82,675 1 Yes $800.00 $180.00 $205.00 X0 q 5 g _�z% 'OUR H 0 RL N 7-Ur C-2-2 N PEI _Hlod M k--- 2,2� Mike Amos Excavating (360) 815-4172 Location: Bellingham John Deere, LT450E 14,000 1 No $50.00 $90.00 $90.00 Fraser Sand & Gravel (360) 410-9195/410-9207 Cell Location: Everson John Deere 650H 19,000 1 No $95.00 $95.00 $120.00 P&P Excavating (360) 592-5374/815-4473 Cell Location: Bellingham John Deere 450G w//Brush Rack 17,000 1 Yes $110.00 $90.00 $95.00 Penny Lee Trucking (360) 403-7520 1(425) 754-7560 Cell Location: Arlington CAT D5H LGP 30,000 1 No $125.00 $120.00 $145.00 CAT D7H LGP 63,000 1 No $125.00 $120.00 $145.00 Ram Construction (360) 715-86431715-0203 Location: Bellingham John Deere LGP 650H 18,500 1 No $500.00 $137.00 $163.00 John Deere LGP 650J 18,500 1 Yes $500.00 $143.00 $170.00 John Deere LGP 850C 42,000 1 Yes $500.00 $157.00 $184.00 Siper Quarry (360) 592-3500 1410-8625 Location: Everson John Deere 450 18,000 1 Yes $200.00 $100.00 $110.00 CAT D9R 90,000 1 Yes $500.00 $180.00 $190.00 Page 7 17 Whatcom County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 8. EXCAVATOR WITH OPERATOR 1 Mike Amos Excavating (360) 8154172 Location: Bellingham Kobelco 70 18,000 1 Yes 114 d tilt 7,000 18' $50.00 $90.00 $90.00 Fraser Sand & Gravel (360)410-9195/410-9207 Location: Everson Hitachi EX300 65,000 1 Yes 2cy 20,000 23' $95.00 $115.00 $135.00 Greenstar Services (360) 961-6758 Location: Bellingham KX-41 3,000 1 No Various 1,200 8' $125.00 $85.00 $100.00 KX-121-3 9,000 1 Yes 1cy 2,000 12' $125.00 $85.00 $100.00 Haner Rd Construction (360) 595-2497 / 661-6372 Location: Sedro Woolley Kobelco SK-160LC 42,000 1 Yes 1.36cy 12,000 217" $120.00 $110.00 $125.00 Iverson Earthworks (360) 366-34761739-2446 Location: Custer John Deere 200 CLC 44,000 1 Yes 2cy 14,000 21' $200.00 $120.00 John Deere 160 ELC 36,000 2 Yes 1.3cy 11,300 20' $150.00 $105.00 Kubota 161 Mini 12,000 1 Yes 3/4cy 3,650 12' $120.00 $90.00 JTI Commercial Services (360) 815-0693 Location: Everson Kobelco200 44,000 1 Yes 3/4 11,000 19, $110.00 $128.00 $158.00 Kobelco 20 w/Brush Cutter 47,500 1 Yes 11,000 20' $125.00 $165.00 $185.00 Bobcat 9,200 1 Yes 3' $50.00 $95.00 $115.00 P&P Excavating (360) 592-5374/815-4473 Location: Bellingham CAT 303CR 8,000 1 Yes Various 2,000 $80.00 $85.00 $85.00 CAT 304CR 12,000 1 Yes Various 3,500 $90.00 $90.00 $90.00 CAT315 40,000 1 Yes Various $115.00 $115.00 $115.00 CAT 320 4,800 1 Yes Various $125.00 $122.00 $122.00 Kobelco 115 DZ w/Blade 3,600 1 Yes Various $110.00 $110.00 $110.00 Kobelco CO SK-100 Extenda 30,000 1 No Various 28' $110.00 $110.00 $110.00 Ram Construction (360) 715-8643 / 715-0203 Location: Bellingham Hitachi 225 22,300 3 Yes 1.6cy 15,300 22' $500.00 $175.00 $202.00 Hitachi 330 31,000 1 Yes 2.5cy 27,000 26' $500.00 $215.00 $241.00 Hitachi 350 31,600 1 Yes 2.6cy 27,000 26' $500.00 $226.00 $252.00 Hitachi 450 39,000 1 Yes 3.06cy 38,000 29' $500.00 $269.00 $295.00 Siper Quarry (360) 592-3500 / 410-8625 Location: Bellingham Hitachi 200 28,000 1 Yes 2cy 6,000 20' $200.00 $120.00 $130.00 Hitachi 400 50,000 1 Yes 3cy 15,000 25' $500.00 $150.00 $160.00 Hitachi 600 80,000 1 Yes 4cy 25,000 35' $600.00 $180.00 $190.00 Page 8 18 Whatcom County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 8, Excavator with Operator, continued �} M DL Sorenson Construction (360) 966-2628 I (425) 508-1490 Location: Everson CAT 305.5 wloffset boom/tilt b 12,500 1 Yes 112cy $350.00 $103.59 $128.59 CAT 110E w/tilt bkt 26,000 3 Yes 1 cy $350.00 $110.00 $135.00 Daewoo DH2OOLC 51,000 1 Yes 2cy $450.00 $135.00 $160.00 John Deere 450 105,000 1 Yes 5cy $3,000.00 $302.37 $327.37 John Deere 650 155,000 1 Yes 7cy $10,000.00 $360.00 $385.00 John Deere 850 188,000 1 Yes 9cy $12,000.00 $452.00 $477.00 Hyundai R320 LC 85,000 1 Yes 4 $900.00 $180.00 $205.00 Western Refinery Services (360) 366-3303/815-5182 Cell Location: Femdale (per hour) Kubota KX 121w/Blade 9,100 4 Yes 1'2'3' 3,000 11' $70.00 $85.00 $100.00 Kubota KX 121w16-Way 9,100 1 Yes 1'2'3' 3,000 11' $70.00 $85.00 $100.00 Kobelco SK-135 30,000 1 Yes 1.5cy 11,000 20' $105.00 $100.00 $150.00 Kobelco SK-290 66,000 1 Yes 3cy 32,000 24' $110.00 $135.00 $150.00 Linkbelt 350 Road Builder 95,000 1 No 4cy 40,000 36' $200.00 $160.00 $175.00 Mark.White 592-2923/815- 4331 Cell Location: Deming Hitachi 160 42,000 1 Yes Icy 15,000 18, $105.00 $109.00 $130.00 Kobelco 50 11,000 1 Yes 1/2 cy 4,000 12' $55.00 $85.00 $100.00 GROUP 9, EXCAVATOR WITH CLAMSHELL AND OPERATOR IE>DFRxPN ME 1 LIFE 2 Nlk7tDIGHRLY 5 HOURLY �.IINd0E6, _. :,> VYEIGIfI UN,IL&_ EAMSHELL E�tR�AC[tY , .. DEpRH MOBIL Ei©URkIE,_ E3.__.;. P&P Excavating (360) 592-5374/815- 4473 Cell Location: Bellingham CAT 315 40,000 1 4-Mar $120.00 $120.00 $120.00 GROUP 10, WALKING/ARTICULATED LEG EXCAVATOR WITH OPERATOR No Bids GROUP 11. LOG LOADER WITH HYDRAULIC GRAPPLE WITH OPERATOR w F ...._, .. � . __la ;.�.., .� �a 7 � �"���.... vN►>Fs €��c�c...� � A�QBILVt'CION JTI Commercial Services (360) 815-0693 Location: Everson Bobcat 337 9,500 1 2,500 $100.00 $115.00 $135.00 Western Refinery Services (360) 366-3303/815-5182 Cell Location: Femdale Linkbelt 350 Road Builder 95,000 1 40,000 $200.00 $160.00 $175.00 Page 9 19 Whatcom County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 12, SCRAPER WITH OPERATOR 4 -tr ey�n 'Sxl-2 t "`,.,.,r9� r t�;+fz A ?3 $...t': c ¢S - #'<' v^•5 r` �a"�'"�- ;� - Penny Lee Trucking (360) 403-7520 / (425) 754-7560 Cell Location: Arlington CAT 623E +Permits 82,000 3 $165.00 $250.00 $275.00 CAT 631 D + Permits 82,000 3 $165.00 $250.00 $275.00 Western Refinery Services 366-3303/815-5182 Cell Location: Femdale John Deere 9400/9520 50,000 6 17 $150.00 $175.00 $190.00 John Deere 9400/9520 Tandem Scrapers 65,000 3 36 $150.00 $195.00 $210.00 GROUP 13, SWEEPER WITH OPERATOR BIB@EF�f��lE= 11��ANQD JTI Commercial Services (360) 815-0693 Location: Everson BobcatT770 High Speed 1 $50.00 $95.00 $115.00 P&P Excavating LLC (360) 592-5374/815-4473 Cell Location: Bellingham CAT 277-C 1 1 $95.00 $95.00 $100.00 Ram Construction (360) 715.8643 / 715-0203 Location: Bellingham Elgin Crosswind Sweeper 1 $300.00 $182.00 $208.00 DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson Bobcat 763 Bucket Broom 1 $350.00 $115.00 $140.00 Western Refinery Services (360) 366-3303/815-5182 Cell Location: Femdale 2008 Elgins Crosswinds / 8cy Hopper 1 $85.00 $110.00 $135.00 Page 10 20 Whatcom County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 14, MOBILE CRANE WITH OPERATOR x K+D PI)YW "iOvok � };� fSC. i- -(��s.�y, ] (.��5ir� M..a.�-.�.3•�Fl,..L.++�yiaF.:.{; �'tn.:.M+5 ... :✓ yAat k -._ "-'h l k iMn.�/�iRL Ness & Campbell Crane Inc (888) 784-1054 I (360) 333-1635 Location: Burlington Manitex 1984 Boom Truck Crane 1 19 84 $116.00 $155.00 $185.00 National 800c Boom Truck Crane 1 21 80 $120.00 $160.00 $190.00 National 14100c Boom Truck 1 33 100 $127.50 $170.00 $200.00 National 1500 Truck Crane 2 36 127 $135.00 $180.00 $210.00 National 1800 Truck Crane 2 40 127 $138.75 $185.00 $215.00 Link -Belt HTC8640 Truck Crane 1 40 105 $138.75 $185.00 $215.00 Grove AT750B All Terrain Crane 3 50 110 $165.00 $220.00 $250.00 Grove RT760E Rough Crane 2 60 110 $680.00 $225.00 $275.00 Grove TS865 Truck Crane 1 65 114 $217.50 $290.00 $350.00 Grove GMK4085 All Terrain Crane 1 85 125 $525.00 $330.00 $390.00 Link -Belt HTC8690 Truck Crane 1 90 140 $745.00 $335.00 $395.00 Link -Belt RTC80100 Rough Terrain Crane 2 100 150 $1,200.00 $270.00 $300.00 Liebherr LTM1080/1 All Terrain Crane 2 100 157 $745.00 $335.00 $395.00 Link -Belt HC-218A Truck Crane 1 100 80 $2,684.00 $315.00 $375.00 Krupp KMK5130 All Terrain Crane 1 130 139 $850.00 $380.00 $440.00 Grove GMK5175 All Terrain Crane 2 175 161 $1,200.00 $415.00 $475.00 American 8470 Truck Crane 2 180 130 $3,035.00 $410.00 $470.00 Grove GMK5275 All Terrain Crane 1 275 223 $1,600.00 $515.00 $575.00 Grove GMK6300B All Terrain Crane 1 300 197 $2,244.00 $545.00 $605.00 Grove GMK7550 All Terrain Crane 1 550 197 $3,058.00 $705.00 $765.00 Sicklesteel Cranes (360) 428-38111428-3018 Location: Mt. Vernon Manitex M2592S Boom Truck Crane 1 25 92 $328.00 $164.00 $199.00 Terex Stinger 60100 Boom Truck Crane 1 30 100 $344.00 $172.00 $207.00 Terex RT230 Rough Terrain Crane 2 30 94 $530.00 $173.00 $208.00 Grove RT740 Rough Terrain Crane 1 40 105 $530.00 $190.00 $225.00 Demag AC155 All Terrain Crane 2 60 131 $745.00 $223.00 $258.00 Grove RT755 Rough Terrain Crane 2 60 110 $710.00 $208.00 $243.00 Grove RT855B Rough Terrain Crane 1 60 115 $710.00 $215.00 $250.00 Krupp KMK4071 All Terrain Crane 1 85 125 $745.00 $282.00 $352.00 Grove RT990 Rough Terrain Crane 1 90 114 $1,150.00 $283.00 $318.00 Demag AC205 All Terrain Crane 2 100 164 $910.00 $294.00 $364.00 Krupp KMK5130 All Terrain Crane 1 130 139 $910.00 $325.00 $395.00 Grove RT9130E Rough Terrain Crane 1 130 160 $1,150.00 $309.00 $344.00 Krupp KMK6140 All Terrain Crane 2 165 152 $910.00 $379.00 $449.00 Demag AC435 All Terrain Crane 3 180 164 $1,297.50 $391.00 $461.00 Demag AC615 All Terrain Crane 3 250 165 $1,750.00 $473.00 $543.00 GROUP 15, PILE DRIVERS WITH OPERATOR No Bids GROUP 16, DRAG LINES OR CLAMS WITH OPERATOR No Bids GROUP 17, HYDROSEEDER WITH OPERATOR �Y B QH� �, -� a a. .• ;�F �'' 6' lYP1eY4r r ed .'S MDU Greenstar Services (360) 961-6758 Location: Bellingham Turfmaker 385 1 $125.00 $85.00 $100.00 Page 11 21 Whatcorn County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 18, BACKHOE WITH OPERATOR an, �g. Mike Amos Excavating New Holland T-21 1 $50.00 $65.00 Iverson Earthworks (360) 366-34761739-2446 Cell Location: Custer JD 310 SG w/ Plate Compactor 1 $120.00 $95.00 P&P Excavating (360) 592-5374/815-4473 Cell Location: Bellingham CAT 420-D w/Hoe Pack 1 $100.00 $90.00 $95.00 Ram Construction (360) 715-8643 / 715-0203 Location: Bellingham John Deere 31OSG 2 $500.00 $115.00 $141.00 DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson New Holland 44 575c w/Extended Hoe 1 $350.00 $105.00 $130.00 XB214 4x4x4 w/Extend 1 1 $350.00 $110.00 $135.001 GROUP 19, TRACTOR -MOUNTED MOWERS & BRUSH CUTTERS WITH OPERATOR '2� W gw mlUK -A �t "P 4MWA3 W Zw Brake Harkness Trucking (360) 592-2790 / 961-4022 Cell Location: Deming New Holland 7740 44 6' 1 $100.00 $95.00 $95.00 1 Greenstar Services (360) 961-6758 Location: Bellingham Kubota M8030 5' 1 $125.00 1 $85.00 $100.00 0 % 5N.-MV, % DEC Drake Harkness Trucking (360) 592-2790 / 961-4022 Cell Location: Deming New Holland 7740 44 4! 1 $100.00 $95.00 $95.00 Pacific Brush Cutting (360) 318-7535 / 815-0230 Cell Location: Lynden John Deere 6300 5-18' 1 $0.00 1 $90.00 $90.00 ----------- OF .0% limrx 'S W W_ No Bids Wk _-VOIN A JTI Commercial Services (360) 815-0693 Location: Everson Kobalco 200 Excavator w/Cutfing Head Fxed Tooth Flail 5' 1 $125.00 $165.00 $185.00 .Bobcat 337 Excavator w/Mowing Head Flail 4' 1 $50.00 $95.00 $115.00 Page 12 22 Whatcom County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 20, SKID -STEER MOUNTED MOWERS & BRUSH CUTTERS WITH OPERATOR ..... . . . . . . AaI q10 R N-M Isna IIIIN".P T U i Iw All-Terrain Cutting (360) 815-1999 Location: Everson ASV RC1 00 Rotary Front Mount 51 1 $98.00 $108.00 JTI Commercial Services (360) 815-0693 Location: Everson Bobcat T770 & T250 5' 3 $70.00 $99.00 $109.00 P&P Excavating (360) 592-5374/815-4473 Cell Location: Bellingham CAT 277C 6' 1 $90.00 $100.00 $110.00 Mark White 592-2923/815-4331 Cell Location: Deming CAT 2878 7' 1 $55.00 $95.00 1 $110.00 IS 11 P 9: No Bids SO A-qq gg 65, IrVIN All -Terrain Cutting (360) 815-1999 / 815-7715 Location: Everson ASV RC1 00 Flail Front Mount 6' 1 $115.00 $125.00 JTI Commercial Services (360) 815-0693 Location: Everson Bobcat T770 & T250 5' 3 $70.00 $99.00 $109.00 PE, PUWTV�R 4! ING'. UN ffs, JTI Commercial Services (360) 815-0693 Location: Everson .BobcatT770 4' 1 $70.00 $99.00 $109.00 GROUP 21, WALKING LEG -TYPE HEAVY-DUTY BRUSH CUTTER WITH OPERATOR POWING",_S� j? N, P&P Excavating (360) 592-53741815-4473 Cell 7s110-00 Location: Bellingham -CAT 304 CR Excavator 30' 1 $100.00 $120.00 Page 13 23 Whatcom County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 22, WATER TRUCK WITH OPERATOR L7' Es sum x v ?�� r s a :' HQt11itY". SKWvj.-) - :. Penny Lee Trucking (360) 403-7520 / (425) 754-7560 Cell Location: Arlington International 2,000 Gal 1 $125.00 $105.00 $130.00 International 4,000 Gal 1 $125.00 $110.00 $140.00 DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson Mack R600 2,000 Gal 1 $100.00 $120.00 $145.00 Western Refinery Services (360) 366-3303/815-5182 Cell Location: Femdale Side, front & rear nozzles w/hose reel 2,500 Gal 1 $85.00 $90.00 $105.00 GROUP 23, SNOMICE REMOVAL EQUIPMENT WITH OPERATOR Y� Iverson Earthworks (360) 366-34761739-2446 Cell Location: Custer John Deere 644E North Whatcom Co. 2 $120.00 $110.00 John Deere 310SG Whatcom Co. 1 $120.00 $95.00 Western Refinery Services (360) 366-3303/815-5182 Cell Location: Femdale Volvo 710A RoadGrader w/front blade Whatcom Co. 1 $85.00 $125.00 $140.00 Kawasaki or JD Loader w/14' blade Whatcom Co. 1 $85.00 $125.00 $140.00 GROUP 24, TRUCK MOUNTED SPRAYER WITH OPERATOR BI�DFR��FfORE HOSE; SP1�iYER HE3fJRCY`=' FfQWRLY 1►KE,8lI1EL .....'_. , LENTFi, _M/[CI�1C I1OFfs, IIIiHILDhTIAN Greenstar Services (360) 961-6758 Location: Bellingham Ford F350 Bean 500 600' 500 1 $125.00 $65.00 $100.00 Isuzu NPR Bean 400 300' 300 1 $125.00 $65.00 $100.00 Page 14 24 Whatcom County Bid 12-24 On -Call Rental Rates for Equipment with Operator GROUP 25, BACKPACK SPRAYER WITH OPERATOR �UL -- tii Ho - Greenstar Services (360) 961-6758 Location: Bellingham Solo hand pump diaphragm 3 10 $125.00 $50.00 $60.00 GROUP 26, ROCK DRILL WITH OPERATOR r r 'iQUiy.3G a SFE .RIITEF[1A11111 UNFTS _ M08ILI%�F}70_K Siper Quarry (360) 599-3500 / 410-8625 Location: Everson Was Co PO 642HC 21/2" - 31/2' 1ft per min 1 $300.00 $150.00 $160.00 GROUP 27, VACUUM TRUCK WITH OPERATOR NF PH©M gy CREI(I�a Ylf{� ER JEF WAi E(�TI�N[F V/IG�IUNt (t:€IYII ..,-::�IIOQIL�FTIOt H©URL1F. Y W. Western Refinery Services (360)366-3303 /815-5182 Cell Location: Femdale KW Gualer Vacuum Truck 5 axle 18yd 1 4,000psi 600 5,600 $120.00 $195.00 $210.00 GROUP 28, SLINGER TRUCK No Bids GROUP 29, MISCELLANEOUS �BmDER,PHQNE lOUitLY ', HQUI>~LY' " M11AKEIYIQEC. ° T'. = `rBILfr�EfIQNf .. ....UNITS -`POU__ftF=11�QT. _;.. Fraser Sand & Gravel (360) 410-9195/410-9207 Cell Location: Everson IMS 4010 Hydraulic Dredge 10' (call for more info) 1 $50+crane cost $425.00 $560.00 min 2-man crew @man 65hr / OT 95hr P&P Excavating (360) 592-5374/815-4473 Cell Location: Bellingham Gallion 503L Grader 1 $120.00 $100.00 $110.00 CAT Vibratory Roller 3 $120.00 $95.00 $100.00 Ram Construction (360) 715-8643 / 715-0203 Location: Bellingham CAT 13G Grader 1 $500.00 $139.00 $165.00 Zenetas Road Hog Grinder 1 $500.00 $500.00 $550.00 DL Sorenson Construction (360) 966-2628 / (425) 508-1490 Location: Everson John Deere 670A Motor Grader 1 $400.00 $140.79 $165.79 John Deere 330 Long Reach Excavator 1 $2,500.00 $295.00 $320.00 John Deere 872 Motor Grader w/Laser Control 1 $2,500.00 $327.24 $352.24 Page 15 25 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2 012-141 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: twh 3/26/12 4/10/12 Finance Originator: u l! E " E V APR 0 3 2012 WHATCOM COUNTY COUNCIL Division Head: 4/ 10/ 12 Council Dept. Head: Prosecutor: Purchasin /Bud et. Executive. q --.s —Zlk TITLE OFDOCU : EDI Board recommendations for funding ATTACHMENTS. Memo EDI Fund application for PUD #1 EDI Fund application for City of Everson SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) Requested Date: NO SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Request approval of the EDI Board recommendations for funding as presented in the attached EDI fund applications. 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. ww►v.co.►vlzatcom.wa.us/council. 26 WHATCOM COUNTY 4GCM co EXECUTIVE'S OFFICE 3sP `y� County Courthouse 311 Grand Avenue, Suite #108 a 0 Bellingham, WA 98225-4082 MEMORANDUM To: Whatcom County Council Members From: Jack Louws, County Executive Jack Loms County Executive Subject: Economic Development Investment Board — Funding Recommendation Date: March 26, 2012 At the March meeting of the EDI Board, Public Utility District (PUD) #1 of Whatcom County and the City of Everson gave brief presentations to the board members regarding their respective public infrastructure projects. There were two project -related discussions, resulting in the following recommendations of the Board. Project PUD #1 Broadband City of Everson Road Improvements Utility Extensions Funding Request $217,500 (grant) $249,675 (loan) $249,675 (grant) Board Recommendation $217,500 (grant) $249,675 (loan) $249,675 (grant) Both EDI funding applications are attached for your review as you consider the recommendations at your meeting on April 10, 2012. Approval of these recommendations will result in the preparation of an Interlocal Loan and Grant Agreement with the City of Everson and a Grant Agreement with PUD #1 of Whatcom County. Additionally, a supplemental budget for County Council review and approval will be prepared. These project applications, if approved, will allow them to move forward to completion. If you have any questions on this matter, please feel free to contact me at 676-6717. Attachments: PUD #1 Broadband EDI application City of Everson's EDI Program Application Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738Z555 Project # a 0 / a - D / Whatcom County EDI Program Application Review Checklist Applicant: C �fy of Vey -doh u Project Title: M issi oh R oad /vti, pravements . 1�{, ase 3 andL fi �i ¢ Exfen s� oh s Initial Submission Received — Date: 3/5-//a Completed Application Received — Date: Is this application for: [circle one] 1.) Loan Only 2.) Loan/Grant 3.) Grant Only Amount of funding requested: -.L q 9 9, 3 SO Cover Letter or Executive Summary for project attached: Yes o No o N/A Funding Terms Identified: Yes o No o N/A Project Description Completed: wYes o No Ei N/A Financial Information Completed: Yes o No o N/A Private Sector Commitment Identified: o Yes o No m1/A Project Feasibility Completed: Yes o No o N/A Application Signed: Yes 0 No o N/A Resolution Authorizing EDI Application Attached: Yes o No Ei N/A Project Engineering and Costs Estimates Attached: Yes o No o N/A Contingency Agreement Signed and Attached: o Yes o No "1/A Supporting Documents Attached Yes o No oN/A Is applicant eligible for program funding? a --'Yes o No o N/A Page 1 of 2 28 Does this project exceed the minimum project amount? Are other funding sources involved? Project # dy I a- O/ g-Yes o No o N/A 9,"'Yes o No o N/A Is this project contingent on other funding sources? wYes o No Is the local matching funds 10% of the EDI funding request?(o✓e.Y) m-Yes o No Is this project on the CEDS Project List? Yes o No Application Complete? List Incomplete Items: 1.) 2.) 3.) Other Number of Jobs created: 425-0 (See, Pa -ye Number of jobs retained:. /a 0 What is the jobs per EDI dollar ratio? Comments: o N/A o N/A o N/A m�-'Pes Ei No o N/A Reviewed By: Zt-cza-"� Podk,er Date Reviewed: 3f 611z- Page 2 of 2 29 CITY OF EVERSON March 5, 2012 Jack Louws, Whatcom County Executive Whatcom County Executive Office 311 Grand Avenue # 108 Bellingham, WA 98225 RECEIVED MAR 5 - 2012 JACK LOUWS COUNTY EXECUTIVE Re: Whatcom County Economic Development Investments Program, . Application for Funding — City of Everson Executive Louws, On behalf of the City of Everson and members of the Everson City Council, I wish to submit our application for funding from the Whatcom County Economic Development Investments Program. The enclosed application pertains to our Mission Road Improvements, Phase 3 Project, which will extend road and utility improvements to the City's southern light industrial area. If you have any questions during your review, I can be reached at the Everson City Hall, phone number: 360-966-3411. It is our hope that you will be able to include this application on the agenda for the EDI Board meeting later this month. Thank you for considering our application. Respectfully submitted, 04 � John R. Perry Mayor, City of Everson Phone: (360) 966-3411, Fax: (360) 966-3466 City Hall 11I W. MAIN ST. P.O. BOX 315 EVERSON, WA 98247 30 31 Whatcom County Economic Development Investments Program Application for Funding Jack Louws, Whatcom County Executive Last Updated: 3/2/2012 32 MISSION ROAD IMPROVEMENTS, PHASE 3 PROJECT EXECUTIVE SUMMARY The City of Everson began major improvements to Mission Road in 2001 with the Robinson Street Improvements. That project was funded through the Transportation Improvement Board and local and county matching fiords. In 2006, the City completed the Bay to Baker Trail Project that extended the multi -purpose trail 6,000 feet from Lincoln Street (in downtown Everson) south to the Mission Road -Chestnut Street intersection. In 2008, the Mission Road Improvements, Phase 2 project was completed, which extended road and utility infrastructure from Robinson Street to Chestnut Street. That project utilized STP-R, TIB Federal Match, and local funds. Last August 2011, the City applied and was awarded a grant through the Transportation Improvement Board — Small City Arterial Program to continue major improvements to Mission Road. This project, Mission Road Improvements, Phase 3, and Utility Extensions, is 2,100 feet in length and consists of widening Mission Road to 28 feet (32 feet in the curves), installing a sidewalk on the west side, and curb and gutters on both sides. We will also construct storm water drainage and treatment swales, and upgrade an aging water main from six to ten inches and extend that main to South Everson Lumber Company (SELCO). As part of this project we will extend a gravity sewer main the entire length of the project, connecting fifteen, and possibly eighteen homes (currently on septic systems) to the City sewer, and also extend the sewer service to SELCO and the recent annexation of 56 acres of southern light industrial zoned area (Tiger — Van Boven Annexation, April 2010). EDI fiords will be used to pay a portion of the costs for the water and sewer infrastructure extensions to the southern light industrial area. This has been a goal of the City to extend water and sewer utility services to the southern light industrial and UGA area of Everson to meet the needs of the future by supporting and encouraging job growth in that area. We are also meeting our goals of providing an arterial road built to all weather standards, and providing over 8,000 feet of pedestrian accommodations via the Bay to Baker Trail and sidewalks, linking south Everson to the downtown commercial district. The completion of this project will be a major step toward our future goal of constructing an east -west connector road between Mission Road and Everson -Goshen Road. This road will open up future circular access to light industrial, commercial, residential and multi -use zoning in south and southwestern Everson. It will also provide the ability to loop water and sewer utilities. The City of Everson believes that the timing and importance of this project to the City of Everson and adjacent area make it a practical and prudent use of the Economic Development Investment Program funds. Receipt of EDI Program funding will allow all the afore -mentioned improvements to happen at the same time and result in substantial savings of public resources. 33 Application Checklist o Completed Application All portions of the application must be completed in full: Summary Page A. Requested Funding Terms B. Project Description C. Financial Information D. Private Sector Commitment (complete this section for each private Firm involved in project) E. Project Feasibility o Signed Certification See page 9 of application. o Resolution Include a resolution or ordinance of the local governmental jurisdiction authorizing this EDI application. o Engineering Estimates Attach if applicable. o Contingency Agreement(s) Include a signed Contingency Agreement for each private sector firm involved in project. (Sample agreement on page 10.) Please be clear and concise in your responses. Attachments are welcome. This application can be obtained electronically from: • The Whatcom County Government: www.whatcomcounty.us • The Bellingham Whatcom County Economic Development Council: www.nwecon.o • The Whatcom County Executive's Office: Executive (d)-co.whatcom.wa.us The applications that are received will be initially reviewed for completeness by the County Executive staff. Then the application is reviewed by the EDI Board and as appropriate approved by the Whatcom County Council. Application for Funding Revised 6130111 Page 2 Whatcom County EDI Program 34 Summary - Application for Funding Applicant (Governmental Entity) Federal Tax Number Contact Name Title Telephone Fax Email Address EVERSON 91-6015483 Rick Holt Public Works Supervisor 360-966-3411 360-966-3466 rholt@ci.everson.wa. us Everson City Hall P.O. Box 315 Everson, WA 98247 Project Title: Mission Road Improvements, Phase 3 and Utility Extensions Amount of EDI loan requested: $ 249,675.00 Amount of EDI grant requested: $ 249,675.00 Source of Local Match: Capital Imp. — Sewer/Water/Street (10%) $ 75,308.00 List other funding: Source TIB-SCAP Grant TIB-SCAP Grant — Supplement (water) Port of Bellingham (Small City Funds) Date Date Amount Requested Approved of Funding Aug.2011 Nov.2011 $ 517,500.00 Jul. 2012 Jul. 2012 $ 39,039.00 Feb. 2012 Mar. 2012 $ 10,000.00 TOTAL public project costs: Includes 10% Local Match $1,141,197.00 TOTAL private investment in plant/equipment $ 0.00 Application for Funding Revised 6130111 Page 3 Whatcom County EDI Program 35 A. Request for Funding Terms Al. Indicate the terms of the funding that you are requesting here. (Interest rate will follow the current State rate.) (a)Total number of years for repayment: 10 years. (b) Other specific terms: We are requesting a 50/50 loan and grant combination, and the annual loan payments to include equal principal payments plus interest on remaining balance. B. Project Description B1. Describe the entire public facility project, including the parts that you are not asking EDI to fund. The Mission Road Improvements, Phase 3, continues a major arterial project that started in 2001 with the Robinson Street Improvements, and Mission Road Improvements, Phase 2 in 2008. This project will widen Mission Road from twenty feet to twenty eight feet beginning from the Chestnut Street/Mission Road Intersection south for 2100 feet. It includes installation of a sidewalk on the west side the entire length, curb and gutter on both sides, and storm drainage with infiltration swales. It also includes the extensions of Everson water and sewer utilities from the same intersection and terminates at the 86 acre southern light industrial area adjacent to South Everson Lumber Company (SELCO), which is the City's largest employer with 120 jobs. This extension of utilities has been our goal for many years in our efforts to better serve this area, encouraging growth in the industrial area and retaining existing jobs. (See Figure-1 Map) B2. Will this project upgrade an existing public facility? YES Build a new one? YES Describe: This project will upgrade Mission Road from Chestnut Street to SELCO and will complete an all-weather road system allowing truck traffic to connect to the State Highway to the north. This project will upgrade a portion of 6-inch AC water main (which is over 40 years old) to10-inch C900 PVC main; and extend a new water main 976 feet to SELCO and to undeveloped parcels in the southern industrial area. This project will also provide sewer service to fifteen (15), and possibly eighteen (18), homes that are currently on septic systems that are located in the 5-Yr. Wellhead Protection Time of Travel area for the City's water supply. (See Map 3 — Wellhead Protection) B3. Specifically, what element(s) of the public facility project will EDI funds pay for? The requested EDI Funds will pay for the water main upgrade (6" to 10") and extension to SELCO; and also the sewer extension from the Chestnut/Mission intersection to SELCO. B4. Include a site map of the area. (Materials must be reproducible in black and white and in 8 1/2 x 11 formats.) Identify the location of the site, public infrastructure and private development project, existing and/or proposed. (See Exhibit -1 Map) B5. Attach engineering estimates that support project costs. Identify if estimates are from preliminary engineering or design engineering work. Mission Road Improvements, Phase 3 estimates are from design engineering work. Water and Sewer Extension estimates are from preliminary engineering. Both performed by Wilson Engineering LLC. (See Attached Estimates) Application for Funding Revised 6130/11 Page 4 Whatcom County EDI Program 36 B6. Describe how the public facility project will enhance or encourage other development in the immediate area in addition to the direct development described in this application. This project will encourage other development in the immediate area by extending the water and sewer utilities to the light industrial area of Everson south of SELCO. It is also a necessary step toward the City's goal of constructing an east/west connector road from Mission Road to Everson -Goshen Road (SR544), which will provide better circular flow for commercial traffic and access to additional industrial properties. (Please see Exhibit -1 Map) B7. List all permits and environmental reviews required for the public sector project and give their current status (applied for, application being prepared, permit issued, etc.) Permit/ Environmental Review Grade & Fill Issuer City of Everson Encroach/Excavation City of Everson SEPA-Mission Ph.3 City of Everson Geotechnical Eval. GEOTEST Anticipated Completion Status Date Pending Construction June 2012 Pending Construction June 2012 in Progress March 2012 Completed August 2011 Exe.Or. 05-05 Review Drayton Archeological Completed April 2011 B7. Provide preliminary project schedule: Estimated Completion Date (month/year) Preliminary Engineering Report Environmental Review All Required Permits Obtained Design Engineering Land/Right-of-Way Acquisition Prepare Bid Documents Award Construction Contract Begin Construction Project Operational B8. Other jurisdictions. December 12011 March 12012 June 12012 April 12012 March 12012 March / 2012 May 12012 June / 2012 August 12012 (a) Are other jurisdictions, such as counties, cities, port districts, tribes, state/federal agencies involved in the planning, design, financing, construction or operation of this project? If so, please identify all entities: Washington State Transportation Improvement Board Port of Bellingham Sehome Planning and Wilson Engineering LLC City of Everson Public Works Department Application for Funding Revised 6130111 Page 5 Whatcom County EDI Program 37 (c) Explain how completion of the project is coordinated between these entities. The TIB is supporting this local infrastructure project through the Small City Arterial Program. The Port of Bellingham is supporting planning, engineering and design services through the Small City Economic Development Fund. The City of Everson Public Works Department coordinates with these jurisdictions and agencies through the grant application process; planning and engineering/design process (with assistance from Sehome Planning and Wilson Engineering LLC), and ultimately is responsible for project management through construction and project completion. B9. Who will operate and maintain the public facility in this project? The City of Everson Public Works Department. B10. Will this project impact utility rates and public services within the jurisdiction? Explain: Yes. This project will improve public services by completing much needed road improvements, by retiring aging septic systems located in the City's wellhead protection area, and by extending public utilities to the City's largest employer and our developable and future industrial area. This project will likely affect utility rates based on the need to cover project costs and/or repay newly incurred debt. In anticipation of this and other future improvements and upgrades, the City passed Ordinance 716-11, on November 8, 2011, increasing sewer rates 10% each year for the next five years, with review of the rates in 2017. We also anticipate raising sewer connection charges. The City will be addressing water rates and connection charges this year in anticipation of increases in 2013. B11. Is this project consistent with your local comprehensive plan, capital facilities plans and/or county comprehensive economic development strategy? If yes, attach relevant portion of plan. If no, please explain. Yes. The Everson Comprehensive Plan 2004-2024 identifies needed road and utility extension capital projects within Mission Road corridor; See also the City's 2009-2011 Economic Development Work Plan and General Sewer Plan (Draft -Dec. 2011). (See Attached Plan Excerpts) C. Financial Information on Cities, Towns, Port Districts or Counties C1. Will a revenue stream be generated that could repay an EDI loan in addition to funding the operations and maintenance costs of the facility? Yes (a) If yes, please describe: The project will allow 15 (possibly 18) residential homes to be shifted from private septic systems to public sewer. This will result in increased monthly utility revenues. The extension of both water and sewer utilities to the City's southern industrial area will provide the opportunity for new businesses to locate in the City, which will result in revenue from new connection charges, new monthly utility rate payers and possibly new business and occupation tax revenue depending on the size and nature of the new businesses. The City passed Ordinance 716-11, on November 8, 2011, increasing sewer rates 10% each year for the next five years. By hooking up eighteen homes a revenue stream will be created through sewer connection fees. By extending the water/sewer utility services to the southern light industrial area, the revenue streams will be continued with future growth and water/sewer connection fees generated in that area. Application for Funding Revised 6130/11 Page 6 Whatcom County EDI Program 38 C2. In the context of your entity's overall annual budget, explain the need for EDI assistance. Everson is a small, financially strapped community. Without access to EDI funds, the City's water and sewer reserve funds will be utilized, nearly depleting the water reserve fund and cutting the sewer fund by half. We are asking for EDI assistance because the opportunity to do these improvements all at once does not happen that often. We need to take the opportunities we are given, as state competition for grant funds is fierce during this down economy. The City will also save substantial resources by completing all of the proposed improvements at the same time. EDI is an appropriate funding source because the project provides public infrastructure improvements supporting economic development (servicing light industrial property and local property owners). C3. If the local jurisdiction is not financially contributing to the project, please explain why. The City has set aside a 10% local match for the TIB grant funds and 1:1 match of $10,000 for the Port of Bellingham's Small City Economic Development Fund for design/engineering and preparation of bid documents for the water/sewer extensions. C4. Has the use of revenue or general obligation bonds, LID, ULIDS been explored for this public facility project? Yes. Explain the outcome and describe why these financing sources would or would not be applicable for this project. Bonds, LID and ULIDS were discussed. However, the City does not have adequate funds or staffing to manage these programs. The use of bonding for this project is not consistent with the relatively small scale of the project and the relatively short timeline for project completion. Based on these considerations, the City applied for and was successful in obtaining a TIB- SCAP Grant and Port of Bellingham Small City Economic Development Grant. D. Private Sector Commitment Note: To show that a specific private investment is ready to occur, but will do so only if EDI assistance is made available, you must complete a Contingency Agreement with each private sector representative that will be investing. If a developer is involved, you must also obtain a signed Contingency Agreement between the developer and the proposed tenant. Complete this section and a Contingency Agreement for each private sector entity. D1. Private Sector Firm Name Contact Name Title Telephone Fax Email Address D2. Describe the proposed private development or expansion project that will be supported by the public facility project. D3. Explain why the private development requires the proposed public infrastructure improvements described in this application. Application for Funding Revised 6130111 Page 7 Whatcom County EDI Program 39 D4. In the table below, list the number of projected jobs, by job type, to be retained and/or created as a direct result of the project. Express jobs as Full Time Equivalents (FTEs). 1 FTE = 40 hours per week. Do not include fringe benefits in wage data. Job Description Current Jobs Retained" In FTEs # Of Jobs Created Year 1 In FTEs # Of Jobs Created by Year 3 In FTEs Current or Initial Hourly Wages Local Occupational Hourly Wages*** M mt./Admin* Technical/Prof Office/Clerical Production Sales Skilled Crafts Others Totals N/A N/A * Indicate Management positions in annual salary. ** Retained jobs are defined as jobs that would otherwise be lost to the county. *** Contact Whatcom County Economic Development Council for information on this column. a. Projected annual gross payroll for all job classifications $ b. How many of these positions are for seasonal work? (In FTEs) c. What kind of fringe benefits does the company offer to regular full time employees? (i.e., health insurance, retirement plans, etc.) D5. Explain how these job projections were developed. Attach supporting information such as a business plan or year-end financial statements. (Financial statements may be unaudited). Note: The entire EDI application is considered a public record, however, financial and commercial information provided by the private business is exempt from disclosure to the extent permitted by 42.17 RCW. D6. Will the project provide expanded employment opportunities to disadvantaged or unemployed workers? How will the firm work to hire people from Whatcom County? D7. Outline construction schedule (if applicable) for the proposed private sector project. (month/year) Private Facility Construction Begins Private Facility Construction Completed Private Facility Operational D8. List all permits required for the private sector project and give the current status (applied for, application being prepared, permit issued, etc.) Permit/ Anticipated Application for Funding Revised 6130111 Page 8 Whatcom County EDI Program Ell Environmental Completion Review Issuer Status Date Note: All permits required to complete the project must be secured within six months of an EDI loan or grant approval. D9. What private authorizations are still needed before proceeding with the proposed private development project? D10. Explain how the private sector is financing their capital investment in this project. When will private sector financing be in place? Please list financial references that can verify financing sources and capacity for this project. Financial contact(s) phone# phone# Note: Be sure to include a contingency agreement (see sample) for each private sector. E. Project Feasibility E1 _ Summarize the results of the feasibility analysis that supports your proposed public facility investments. It is the goal of the City to provide utility services to the southern light industrial area (and southwestern residential areas) where, according to the City Comprehensive Plan, growth in the City will occur in the next ten to twenty years. The City utilized consultant services to identify infrastructure improvements needed in the Mission Road corridor and to identify any right-of-way acquisition needs. Based on preliminary engineering and review of available resources, the City determined that, if certain funding opportunities were realized, the City would be able to complete all of the needed improvements at the same time as part of a single capital improvement project that would increase City revenue and encourage new development that would support the creation of local jobs. These results were identified as being consistent with both the City Comprehensive Plan and the City's 2009-2011 Economic Development Work Plan and were determined to be achievable. E2. Identify industries that are targeted for recruitment with this project. Wood products, other manufacturing and agricultural -industry support services. Light Industrial Park; warehousing and distribution. Limited commercial zoning. E3. Describe a market strategy that contains action elements with appropriate timelines. Who will be responsible for implementing the marketing strategy? The City's 2009-2011 Economic Development Work Plan goals and strategies target opening up opportunities for new industrial development in south Everson. Tasks identified in the Work Plan include completing road and utility infrastructure extensions to the southern industrial area. Once these improvements have been completed, the City will work with the owners of undeveloped industrial properties, the Port of Bellingham the NWEC and other agencies to identify companies and industries that would be a good fit for this area. At the time of annexation the current property owners expressed interest in exploring future development opportunities once utilities and other infrastructure were in place (See attached letter of support from Tiger Construction). Several tasks from the Work Plan have already been implemented. Application for Funding Revised 6130111 Page 9 Whatcom County EDI Program 41 E4. Describe the site's appropriateness by addressing (at a minimum): o Zoning. The service area is currently light industrial. o Environmental restrictions. There is a Williams Pipeline running through the TigerNan Boven Annexation (future industrial area). No other known environmental restrictions. o Access to infrastructure. ■ Water: Purpose of the project is to provide water service to the southern light industrial area of Everson. ■ Sewer: Purpose of the project is to provide sewer service to the southern light industrial area as well as to 18 homes currently on septic systems located in the City's wellhead protection area. ■ Road: Purpose of the project is to provide a wider, all-weather arterial road serving the light industrial area, including the City's largest employer, South Everson Lumber Company (SELCO). ■ Rail: No rail service in this area. ■ Electricity: Three-phase electrical power is already available in this area. o Distance to markets. 1.5 miles from Downtown Everson; within fourteen (14) miles of Bellingham; and ten (10) miles south of the US/Canadian Border. o Site's ability to support the anticipated development over time. Widening the road and adding pedestrian accommodations for safety and health, and building the road to all weather standards will support the anticipated development over time. The project will connect over 8,000 feet of pedestrian accommodations (Sidewalk and the Bay to Baker Trail) from near SELCO to downtown Everson and commercial district when completed. E5. Provide an analysis of other adequately serviced land in the area and give the primary reasons for the selection of the proposed site over other existing sites. The City does not currently have any large industrial properties that are available and adequately served by road and utility infrastructure. Existing sites on Everson Road are small, are constrained by critical areas, and are currently in use for other purposes, such as residential or agricultural uses. Other industrial sites located between Mission Road and Everson -Goshen Road lack both road access and utility infrastructure. The West Everson UGA is already serviced by SR544. South Everson consists of established residential and multi -use dwellings, and several subdivisions that have been developed over the last twenty years with adequately maintained roads and utilities. All recent subdivisions but one is 100% in -filled. Mission Road was selected and has been the City's primary focus the last few years due to its poor road surface condition, inadequate width, and importance as our southern arterial roadway serving the southern light industrial area, UGA, and our largest employer (SELCO). E6. Describe the plan to secure the total required funding for the public facility improvements. Is it secured or not, and will it be available in the time frame established for project completion? The Mission Road Improvements, Phase 3 Project is funded securely by a TIB-SCAP Grant, 10% local matching funds and, if EDI funds are not available, through use of dwindling capital improvement water/sewer reserve funds. With the acquisition of Port of Bellingham Small City Funds for engineering and design of the water/sewer utility extension to SELCO, and the potential to access EDI Funds, we have the unique opportunity to accomplish this work all at once, this year. Engineering and design, according to Wilson Engineering LLC, can be turned around quickly. It is anticipated that the project will go to bid in May 2012, and construction will begin in July 2012, with project completion by August 2012. Application for Funding Revised 6130111 Page 10 Whatcom County EDI Program 42 E7. For the total project, including public and private components, please describe the projected number of jobs created and/or retained, anticipated wages and how wages compare to local prevailing wages, opportunities the project may offer to the local labor force and other related issues. We project that 250 jobs will be created and an additional 120 jobs will be retained at SELCO. This is a prevailing wage construction project that will compare favorably over local prevailing wages that support local families. This will be a summer project that will offer the opportunity for jobs using the local labor force. Permanent jobs at new businesses, such as light manufacturing jobs, are anticipated to offer wages that are above the average for the local area. Many of these jobs will likely draw upon the local labor force with skills in lumber, agriculture and related industries. E8. Describe specific, quantifiable measures of the outcomes, other than jobs, that will demonstrate project success. Describe how you will measure these. Explain what you expect to show as progress toward the outcome for each year before the whole outcome has been achieved. The first measure of project success will be the connection to the public sewer system of 15 (possibly 18) residences currently served by private septic systems. This should occur within the first one to two years and should include payment of applicable connection charges. The second measure of project success will be completion of the process of working with the owners of properties within the southern industrial area to prepare a strategy for developing future industrial sites. This should occur within the first two to three years. Concurrent with this process will be ongoing coordination with the Port, the NWEC and other agencies to explore target businesses and industries. The third measure will be the filing of a General Binding Site Plan by the industrial property owners, which is anticipated within three to five years. Construction of required site improvements should occur once the General BSP is filed, with submission of building permit applications for specific new businesses to follow shortly thereafter. Full development of the southern industrial area should be achieved within eight to twelve years. Application for Funding — Certification I HEREBY CERTIFY THAT THE INFORMATION GIVEN IN THIS APPLICATION TO WHATCOM COUNTY FOR INVESTMENTS IN ECONOMIC DEVELOPMENT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Signature of Responsible Public Official: Date Print or Type Name and Title: � o h,n 9e- �- Mct:50, Application for Funding Revised 6130111 Page 11 Whatcom County EDI Program 43 RESOLUTION NO. 611-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EVERSON, WASHINGTON, RESOLVING TO SUBMIT AN APPLICATION TO THE WHATCOM COUNTY ECONOMIC DEVELOPMENT INVESTMENTS PROGRAM TO SEEK PARTIAL FUNDING FOR THE MISSION ROAD IMPROVEMENTS, PHASE 3 PROJECT. Whereas, the City of Everson previously completed road and utility infrastructure improvements within Mission Road referred to as the Mission Road Improvements, Phase 2 Project; and Whereas, through the Mission Road Improvements, Phase 2 Project and other capital improvement projects the City has completed road improvements and water and sewer utility infrastructure improvements within Mission Road from Robinson Street to Chestnut Street; and Whereas, through its comprehensive land use plan the City has established a southern Light Industrial zoning district approximately one-half mile south of the intersection of Mission Road and Chestnut Street; and Whereas, in 2010 the City annexed a portion of the City's southern light industrial area in response to receipt of an annexation petition submitted by the owners of property within said future industrial area; and Whereas, the City desires to extend road and utility infrastructure improvements to facilitate future industrial development within the designated future industrial area; and Whereas, the City has obtained grant funding from the Washington Transportation Improvement Board to fund, in part, road and related infrastructure improvements referred to as the Mission Road Improvements, Phase 3 Project; and Whereas, the City has also obtained grant funding from the Port of Bellingham to fund, in part, engineering and design services associated with the Mission Road Improvements, Phase 3 Project; and Whereas, Whatcom County has established an Economic Development Investments (EDI) Program, the purpose of which is to provide funding for eligible capital improvement projects that will support economic development within Whatcom County; including within the City of Everson; and Whereas, the City has prepared an application for funding from the County EDI Program requesting a corribination of grant and loan monies to fund, in part, water and utility infrastructure capital improvements included in the Mission Road Improvements, Phase 3 Project which would extend these utilities to serve the City's southern light industrial area; and Whereas, the City Council, having reviewed the major components of the City's EDI Program funding application and considered the potential benefits to the City likely to result from acquisition of such funding; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EVERSON, WASHINGTON, DO HEREBY RESOLVE TO SUBMIT AN APPLICATION TO THE WHATCOM COUNTY ECONOMIC DEVELOPMENT INVESTMENTS (EDI) PROGRAM IN THE AMOUNT OF APPROXIMATELY $499,348.36 TO FUND, IN PART, THE MISSION ROAD IMPROVEMENTS, PHASE 3 PROJECT, AND DO HEREBY AUTHORIZE THE MAYOR TO SUBMIT SAID APPLICATION, A PORTION OF WHICH IS ATTACHED HERETO AS EXHIBIT "A". ADOPTED BY MAJORITY VOTE OF THE CITY COUNCIL OF THE CITY OF EVERSON, WASHINGTON, at a regular meeting of said Council held on the 2e day of February, 2012. ATTESTED/AUTHENTICATED: By: STA EY WOOD, D puty Clerk Treasurer _ City of Everson, shington APPROVED AS TO)FORM: APPROVED: SITKIN, City Attorney RES 61142 EDI FUNDING APPLICATION JOFi1V PERRY, ayor City of Everson, Washington 45 Mission Road Improvements, Phase 3 SCHEDULE A - ROADWAY FFEM UNIT ITEM DESCRIPTION APPROX. UNIT PRICE EXTENDED PRICE NO. MEASURE QUANTITY I IN FIGURES IN FIGURES PREPERATION 1 LUMP MOBILIZATION SUM 2 LUMP TRENCH SAFETY SUM 3 LUMP SPILL PREVENTION CONTROL AND SUM COUNTERMEASURES PLAN (SPCCP) 4 LUMP TEMPORARY EROSION & SEDIMENT SUM CONTROL(TESC) 5 LUMP PROJECT TEMPORARY TRAFFIC SUM CONTROL 6 LUMP CLEARING AND GRUBBING SUM 7 LINEAR SAW CUT ASPHALT CONCRETE FEET PAVEMENT 8 LINEAR SAW CUT CEMENT CONCRETE PAVEMENT FEET 9 SQUARE REMOVING ASPHALT CONC. PAVEMENT YARDS 10 LINEAR REMOVING CEMENT CONCRETE CURB & FEET GUTTER 11 SQUARE REMOVING CEMENT CONCRETE SIDEWALK YARDS GRADING 12 SQUARE FULL -DEPTH RECLAMATION (FDR) ROAD YARDS BASE 13 CUBIC ROADWAY EXCAVATION, INCL. YARDS EMBANKMENT 14 CUBIC ROADWAY EXCAVATION, INCL. HAUL YARDS L.S. L.S. $32,000.00 L.S. L.S. $0.00 LS. L.S. $500.00 L.S. LS. $3,000.00 L.S. L.S. $13,000.00 L.S. LS. $15,000.00 411 $1.00 $411.00 23 Per LF. $1.00 $23.00 374 Per LF. $4,00 $1,496.00 68 Per S.Y. $11.50 $782.00 11 Per LF. $16.50 $181.50 4,755 Per S.Y. $8.50 $40,417.50 300 Per S.Y_ $2.50 $750.00 800 per C.Y. $11.00 $8,800.00 per C.Y_ EN 15 CUBIC UNSUITABLE FOUNDATION EXCAVATION, YARDS INCL. HAUL DRAINAGE 16 LUMP BIO•INFILTRATION SWALES SUM 17 CUBIC UNSUITABLE SUB -GRADE EXCAVATION, YARDS INCL. HAUL (BIO-INFILTRATION SWALES) 18 CUBIC COARSE AGGREGATE FOR PCC, AASHTO YARDS GRADING NO.8 (SWALE UNSUITABLE) 19 SQUARE GEOTEXTILE FOR UNDERGROUND YARD DRAINAGE FILTRATION (SWALE UNSUIT.) 20 EACH UNDER SIDEWALK DRAINAGE CHANNEL STORM SEWER 21 EACH CATCH BASIN TYPE 1 22 LINEAR DRAIN PIPE 10 IN. DIAM. FEET 23 LINEAR UNDER -DRAIN PERF. PIPE 8 IN. DIAM. FEET 24 LINEAR UNDER -DRAIN PERF. PIPE 10 IN. DIAM. FEET 25 EACH DRAIN CLEANOUT 64N DIAM. SURFACING 26 TON GRAVEL BASE 27 TON CEMENT FOR FDR ROAD BASE 8, NEW GRAVELBASE 28 TON CRUSHED SURFACING TOP COURSE HOT MIX ASPHALT 29 TON COMMERCIAL HMA (CL 1/2, PG 64) EROSION CONTROL AND PLANTING 30 SQUARE SEEDING, FERTILIZING, AND MULCHING 22 $15.00 $330.00 per C.Y. L.S. L.S. $26,200.00 83 $15.00 $1,245.00 per C.Y. 83 $35.50 $2,946.50 per C.Y. 248 $2.50 $620.00 per S.Y_ 18 $600.00 $10,800.00 per EACH 12 $1,000.00 $12,000.00 per EACH 81 $25.00 $2,025.00 per L.F. 320 $10.00 $3,200.00 per L.F. 38 $1300 $494.00 per LF. 11 $400.00 $4,400.00 per EACH 1,290 $10.00 $12,900.00 per TON 211 $88.00 $18,568.00 Per TON 111 $25.50 $2,830.50 per TON 586 $75.00 $43,950.00 per TON 997 $1.00 $997.00 47 YARDS per S.Y. 31 CUBIC TOPSOIL TYPE B 56 $5.00 $280.00 YARDS per C.Y. TRAFFIC 32 LINEAR CEMENT CONCRETE TRAFFIC CURB S 2,122 $15.00 $31,830.00 FEET GUTTER, 1.5-FT WIDTH per LF. 33 LINEAR CEMENT CONCRETE TRAFFIC CURB & 2,137 $16.00 $34,192.00 FEET GUTTER, 2+-r WIDTH per L.F_ 34 LINEAR PAINTED SOLID EDGE STRIPE 4,281 $0.20 $856.20 FEET per L.F. 35 LINEAR PAINTED SKIP STRIPE (CENTERLINE) 632 $0.20 $126.40 FEET per LF. 36 LINEAR PAINTED DOUBLE YELLOW CENTER STRIPE 1,121 $0.40 $448.40 FEET per LF. 37 LINEAR PAINTED LEFT LANE NO -PASSING CENTER 346 $0.40 $138.40 FEET STRIPE per L.F. 38 SQUARE THERMOPLASTIC CROSSWALK LINE 272 $4.00 $1,088.00 FEET per S.F. 39 LINEAR THERMOPLASTIC STOP LINE 77 $7.50 $577.50 FEET per LF. 40 LUMP PERMANENT SIGNING L_S. L.S. $1,000.00 SUM OTHER ITEMS 41 MGAL WATER 4 $40.00 $160.00 per MGAL 42 LUMP ROADWAY SURVEYING L.S. L.S. $10,000.00 SUM 43 SQUARE CEMENT CONCRETE SIDEWALK 1,092 $36.50 $39,858.00 YARD per S.Y. 44 SQUARE CEMENT CONCRETE DRIVEWAY ENTRANCE 174 $w-w $0.m.00 YARD per S.Y. 45 EACH CEMENT CONCRETE SIDEWALK.CURB 4 $1,500.00 $6,000.00 RAMP per EACH 46 SQUARE NON -REINFORCED GRAVITY BLOCK WALL 386 $27.00 $10,422.00 FEET per S.F. i • 47 EACH NEW MAILBOX CLUSTER UNITS 48 EACH RELOCATE EXISTING MAILBOX 49 LUMP RELOCATEIREPLACEtREMOVE EXISTING FENCING SUM 50 FORCE UNANTICIPATED SITE WORK ACCOUNT SUBTOTAL BID AMOUNT SCHEDULE A (Bid Items 1 - 50) Contingencies (10%) SUBTOTAL BID AMOUNT SCHEDULE A (Bid Items 1 - 50) 4 $600.00 $2,400.00 per EACH 2 $360.00 $700.00 per EACH L.S. L.S. $5,000.00 F.A. F.A. $10,000 $424,513.90 $42,451.39 $466,965.29 . • Mission Road Improvements, Phase 3 SCHEDULE B - WATER LINES ITEM UNIT nTEM DESCRIPTION NO. MEASURE 1b LUMP MOSIUZA110N SUM 2b LUMP TRENCH SAFETY SUM 3b EACH 10 IN. DIAM. GATE VALVE 4b EACH RELOCATE BUSTING 10 IN. DIM. GATE VALVE 5b EACH FIRE HYDRANT ASSEMBLY 6b EACH RELOCATE E)OSTFNG FIRE HYDRANT 7b EACH SERVICE CONNECTION 1 IN. DIAM. 8b LINEAR POLYETHYLENE PIPE FOR WATER FEET SERVICE,1-IN DIAM. 9b EACH RELOCATE EX METER & REPLACE METER BOX & LID 10b LINEAR PVC PIPE FOR WATER MAIN 10 IN. DIAM. FEET 11 b EACH CONNECT TO EXISTING WATER MAIN ENDEDP QUANTITY IN F GU SI UNITPRICESIN FIGURES L.S. L.S. $5,OD0.00 L.S. L.S. Saw 1 $1,500.00 $1,800.D0 per EACH 1 $1,I)0.00 $1,000.D0 per EACH 1 $4,0D0.00 $4 000.00 per EACH 3 $2,500.W $7,500.00 Per EACH 8 $1,34D.00 $10.400.00 per EACH 91 $20.W $1,820.00 Per LF 3 $300.W $900.00 per E AQi 948 $35.00 $33,180.W per LF 3 $750.00 $2,250.00 per EACH 12b EACH ADJUST ELEVATION EXISTING METER BOX 5 $300.00 $1,50D.00 per EACH 13b FORCE UNANTICIPATED SITE WORK FA. FA. $5,000.00 ACCOUNT SUBTOTAL BID AMOUNT SCHEDULE B (Bid Items 1 b -13b) City of Everson Sates Tax (8.5%) Contingencies (10%) SUBTOTAL BID AMOUNT SCHEDULE B (Bid Items 1 b -13b, Including Tax) $74,350.00 S6,319.75 $7,435.00 $W,104.75 50 Mission Road Improvements, Phase 3 Water & Sewer Engineers Construction Cost Estimates SANITARY SEWER (GRAVITY MAIN) 2-Nov-11 UNIT MEASURE ITEM DESCRIPTION APPROX QUANTITY UNIT PRIC M FIGURES EXTENDED PRICE IN FIGURES LINEAR FEET PVC SANITARY SEWER PIPE 8 IN_ DIAM. 1,922 $51.44 $98,867.68 LF. LINEAR FEET STEEL CASING FOR 8 IN_ DIAM. PVC 60 $60.00 $3,600.00 SANITARY SEWER PIPE LF. LINEAR FEET PVC SANITARY SEWER SERVICE PIPE 200 $40.00 $8,000.00 6 IN. DIAM. LF. EACH MANHOLE 48-IN DIAM. TYPE 1 8 $4,750.00 $38,000.00 per EACH EACH CONNECT TO EXISTING SANITARY SEWER 1 $2,5W.00 $2,500.00 MANHOLE per EACH LINEAR FEET SAWCUTTING 50 $1.00 $50.00 LF. LINEAR FEET SHORING 1,922 $15.00 $26,830.00 LF. EACH MANHOLE SHORING 8 $400.00 $3,200.00 EA_ SQUARE YARD ASPHALT REMOVAL AND RESURFACING 14 $4.5.00 $630.00 S.Y. CUBIC YARD BANKRUN GRAVEL BACKFILL 784 $15.00 $11,760.00 C.Y. LINEAR FEET REPLACE PCC CURB & GUTTER 5 $35.00 $175.00 LF_ SQUARE YARD REPLACE SIDEWALK 8 $65.00 $520.00 S.Y. FORCE ACCOUNT UNANTICIPATED SITE WORK 1 $10,000.00 $10,000.00 FA Sub -Total = $206,132.68 Contingencies (20%) = $41,226.54 Sales Tax (8.5%) = $21,025.53 Sanitary Sewer (Gravity Main) Total = $268,384.76 51 Mission Road Improvements, Phase 3 Water & Sewer Engineers Construction Cost Estimates BID ALTERNA TE -WATER LINES (EXTENSI N) 2-Nov-11 UNIT ITEM DESCRIPTION APPROX I UNIT PRICE EXTENDED PRICE MEASURE QUANTITY IN FIGURES IN FIGURES LINEAR FEET PVC PIPE FOR WATER MAIN 101N. DIAM. 976 $51.00 $0,776.00 LF. EACH 101N GATE VALVE 2 $1,8w.00 $3,600.D0 EACH SERVICE CONNECTION 1 IN. DIAM. EACH SERVICE CONNECTION 21N. DIAM. EACH FIRE HYDRANT ASSEMBLY EA. 2 $1,300.00 $2,600.00 EA 1 $2,800.00 $2,800.00 EA. 2 $4,000.00 $8,000.00 EA LINEAR POLYETHYLENE PIPE FOR WATER 30 $20.00 $600.00 FEET SERVICE, 14N DIAM. per LF LINEAR FEET SAWCUTTING 476 $1.00 LF. $476.00 SQUARE YARD ASPHALT REMOVAL AND RESURFACING 106 $45.00 $4,770.00 S.Y. CUBIC YARD BANKRUN GRAVEL BACKFILL 106 $15.00 $1,590.00 C.Y. FORCE ACCOUNT UNANTICIPATED SITE WORK 1 $5,000.00 $5,000.00 FA Sub -Total = $79,212.00 Contingencies (20%) _ $15,842.40 Sales Tax (8.50/*) _ $8,079.62 BID ALT - Water Lines Extension Total = $103,134.02 52 Mission Road Improvements, Phase 3 Water & Sewer Engineers Construction Cost Estimates BID ALTERNATE - SANITARY SEWER (FORCE MAIN) Ext . 2-Nov-11 UNIT IFEM DESCRIPTION APPROX UNIT PRICE EXTENDED PRICE MEASURE QUANTIFY I IN FIGURES IN FIGURES LINEAR FEET SANITARY SEWER FORCE MAIN PIPE, 44N 1,303 $45.00 $58,835.00 DUCTILE IRON LF. LINEAR FEET SAWCUTTING 194 $1.W $194.W LF. SQUARE YARD ASPHALT REMOVAL AND RESURFACING 33 $45.00 $1,485.00 S.Y. CUBIC YARD BANKRUN GRAVEL BACKFILL 33 $15.00 $495.00 C.Y. EACH TERMINAL CLEANOUT 1 $8W.00 $8W.00 EA. FORCE ACCOUNT UNANTICIPATED SITE WORK 1 $5,000.00 $5,000.00 F.R. Sub -Total = $66,609.00 Contingencies (20%) = $13,321.80 Sales Tax (8.5%) = $6,794.12 BID ALT - Sanitary Sewer (Force Main) Total = $86,724.92 53 55 rf am 25 YEAR Z C/�j. d2l N}1M33N- - O y .n Y E � I i �1 a. DR 3AV v.e y1HLsaH� rnri�A �vmrs� cHR15_roeHENEN N:Rp EVERSDN'R6M - D m i 'H9r m m aM 3NRdtlMi ' -I FLRa _ D 1'� uStl3NHV'iS � Z _ vy � � 1S 553NNLVH N f j'�" � 1. .MARCUS ST n m P - tASeJSNOL9MH9YMS� _mom. y- 11�l.Si/f)i£1 HSYIf1 i m i m " Ha HDSMD61 � b e �ytF-nHs � a O _-a' G[ AM q tIVS710HSim#S NVSMLST 71t10� .� 2 D ! j Z j C 0 rj Nl SN33tlD '8 i m W 15TST I 1a 's m o e y w 6 m `(6AMH) as 54 3V5xooNg O 6AMH' � N � 'AVN1FLk3H CD :- E ; AVM 8 � o a R s i o y m g H ti W F O CJ N W W D Wso'DHAM. W I n s 1VIlSON ENGINEERING, llC STREET PrM �^n NG WA 98ZZ5 UnnarsalT2nsvelse Malsmr'ION - M-610OMC360)69]-9061 Fabe_Em" 50WW.OW000 False NanH-WWWOPOWW THE CITY OF EVERSON rin0xua 12,`.s SHEET 3'COWI'S 7 onl Cou'm' •.vnSxixG'rox Map 3 OF SURVEY / E N G I N E E R I N G www.wilsenen9ineering.com "°"P��vD m192' Wellhead Protection 0 o 57 7 Proposed (future) East-West Connector _7 Western Light Industrial Area (34 acres) Granite Construction (formerly Wilder) rt R E E 40is IL 59 City of Everson Comprehensive Plan 2004-2024 An average of 2.4 persons will live in each household. The newcomers will therefore need 205 dwelling units in the next six years, and 895 units in the next two decades. Growth will be accommodated in a variety of housing types. The left columns of Table 4-1 summarize the acreages and- development densities described in the land -use element. Scenarios for Analysis The discussion will also center around two different scenarios or timeframes for analyzing costs. 1) Short-term. We can determine the amount of land required to accommodate near -term growth. We can then associate a price -tag for capital facilities with that land area. This alternative is labeled "short-term" in the following discussion, and a planning period of six years has been used for analysis. The six -year horizon is useful because it coincides with the period for which the city must prepare a financial analysis. Chapter 2 states that about 492 newcomers are expected in the next six years. The newcomers will need 205 housing units. One column of Table 4-1 shows the amount of development expected in the short term: 64 acres will be developed for residential use, broken down as follows: 52 acres SFR (151 units), and 12 acres MU (48 units), plus 5 acres of COM (2 units), and 20 acres of AG (4 units), providing 205 total dwelling units. We also assume that 25 acres of LI and 5 acres of COM will be developed, resulting in 250,000 square feet of nonresidential floor space, according to the densities of intended use described in the land -use element. Consistent with the county -wide planning policies calling for orderly and contiguous development within UGAs, we assume that all short-term development will occur within - existing city limits (infill) or in the regions immediately adjacent to the city to the north (near Van Buren and Trapline) or to the south (near Everson-Goshen'or Mission). 12-14-04 Revision 4-3 60 Metals. This standard relates to the concentration of ten separate metals.in the sludge. Everson meets these standards with its existing treatment process, according to annual testing conducted since 1993. Pathogen reduction. This standard relates to the concentration of pathogens (bacteria, etc.) present in sludge. For a Class B facility such as Everson's, the standard calls for less than 2 million pathogens per gram of dry solids. Based on annual testing beginning in 1993, it is clear that the Everson plant fails to meet this standard. The City's sludge disposal company now has the responsibility of meeting the standard. Vector attraction reduction. This standard relates to the concentration of volatile solids in sludge. If present in sludge, volatile solids attract disease vectors (e.g., rats). The standard calls for a minimum 38% reduction in the concentration of volatile solids as a result of the treatment process. Everson's plant achieves almost no reduction in volatile solids. Inadequate sludge digestion is the main cause of the failures. The rules require that sludge be digested for 40 days at a temperature of 200 C (and even longer at lower temperatures). Barrett estimates that the Everson digester provides detention for only one to four days, on average. Tjoelkers Brothers monitors and manages its holding tanks such that sludge is not applied to farm fields until the sludge meets the applicable regulatory standards. Future Needs Collection and pumping. As mentioned above, the sewer lines are shallow at the southern and eastern limits of the existing system. The addition of large service areas can therefore be accomplished in either area only by the creation of new drainage basins and accompanying lift stations. The historic reliance upon gravity flow within south Everson will no longer pertain, because elevations don't increase substantially to the south and west of Sable Terrace. The future cost of collection and pumping will therefore be roughly equivalent (on a cost per acre basis) within the. southern and eastern parts of the UGA. Wilson recommends a continued effort to reduce I & I. Wilson recommends TV inspection of the worst basins, followed by sealing of leaking joints, at a cost of $35,000. Transmission. The planning area south of the river contains over 500 acres slated for residential development, an area capable of accommodating more than 2,100 people. In contrast, Eversons total population (both north and south of the river) is expected to grow by only 2,147 during the next two decades. Clearly, only part of the southern residential area will develop during the planning period. The amount allowed to develop should correspond with the infrastructure capacity that can be readily provided. In this light, the capacity of the new lift station at the bridge sets a practical short-term limit to growth. That station will support a population of 1,800 south of the river, 1,000 more than currently exists. At planned SFR densities, 1,000 people could be accommodated in developments spanning about 145 acres. 12-14-04 Revision 4-9 61 The southern planning area also includes large areas slated for commercial or industrial devel- opment. Such development will decrease the transmission capacity available for residential use. A portion of the transmission line leading to the river lift station has recently been upgraded and the remaining portions should be upgraded to provide matching capacity, including a new 15- inch trunk line running north along Mission Road to Robinson Street (see Map 12). This line will stretch 3,000 feet and cost $342,000. A backbone sewer trunk should extend south and west from the new Mission Road lift station to convey flows from the southwest part of the growth area. This line will stretch 34,000 feet and cost $400,000. The trunk line is necessary to accommodate growth, so the cost of this facility should be passed on to developers through a connection fee surcharge applicable to developments south and west of the new lift station. Treatment. Wilson suggests that Everson begin planning an expansion of the treatment plant when the actual wastewater flow reaches. 85% of the design capacity for three consecutive months. This would allow construction of improvements before Everson's capacity share is exceeded. Wilson provides a rough estimate of $2 to $3 million for expansion of the treatment plant. Another option is to purchase excess capacity from Nooksack and postpone plant expansion for a few years. Sludge disposal. Everson does not have any plans to change the current method of sludge disposal. Cost summary. Table 4-3 shows the immediate capital costs associated with provision of sewer service under the two alternatives. The first row of the table shows the cost of constructing a new collection system, including both collection and lift stations. Typically, these costs are paid by developers. As in the water -system table discussed previously, the values in this row were calculated by multiplying acreages by pipe densities, and then applying an average cost. The cost of lift stations was included by estimating that a typical drainage basin covers 50 acres, and a lift station costs about $100,000. The remaining rows contain other projects, as described earlier. In the short-term, a total of $35,000 of city projects is identified. Table 4-3. Sewer System Capital Costs Short-term I Plan -period New collection & lift stations (developer pays) 990,000 4,225,900 I & I project 35,000 35,000 Transmission to southwest Everson (developer pays) 342,000 742,000 Ex ansion of treatment plant 1 2,500,000 Total 1,367,000 1 7,502,900 4-10 12-14-04 Revision 62 City of Everson Comprehensive Plan 2004-2024 Shuksan St 446 918 f 918 Shuksan Wy 966 4 3,621 2,711 € f 910 Strandell St 709 1,330 1,330 W First St 818 2,143 E 1,210 933 W Second St 939 2,675 1,252 1,423 W Third St 1,207 3,639 i 2,499 1,140 W Fourth St 503 1,118 F 1,118 Total 42,559 131,396 1 41,093 55,774 t 26,951 7,579 Future Needs Everson's planned street projects generally fall into two -categories. One category is routine maintenance of streets, which involves resurfacing of an existing road. The second category is major projects involving reconstruction and redesign. The city's six -year Transportation Improvement Program (TIP) for the period 2004 - 2010 is shown in Table 4-6. The TIP includes several reconstruction projects to correct deficiencies (e.g., poor pavement, narrow roadways) in various parts of town. Three projects involve arterials (Mission Rd., N. Washington St., and Blair Dr./Reed's Lane) and the city will pursue TIB funding, which requires a 5 percent local match. The City is considering adding Lincoln St. as an arterial, in which case that project would also qualify for TIB funding. Two projects involve replacing deteriorated downtown sidewalks and other related improvements in the downtown area. These projects are eligible for federal STP funding because sidewalks are "enhancements" to the overall transportation system. One project involves reconstructing streets located within the Wellhead Protection Area to decrease potential impacts to the city wellfield. This project would be eligible for both CDBG and PWTF funding. Another project involves improving sub -standard streets in the Blankers Addition area, including W. 1 s, W. 2°d and W. P Streets. It is anticipated that these improvements would qualify for CDBG funding. Finally, the Harkness St. project is integrated with an effort to revitalize the downtown core. The city bought a ramshackle building that sat in the right-of-way for N. Harkness St. The city has since demolished the building and intends to redevelop the area between Main St. and the smoke stack to include parking, a street, and a sidewalk that might serve as the route for the Bay -to -Baker trail. Adjacent businesses are expected to finance much of the redevelopment effort. Two additional projects that are not included in the 6-year TIP should also be mentioned. One project, W. Third St., is associated with new development in the area between Park Drive and N. Harkness, and developers are expected to pay the cost. Cedar St. is the name of a proposed connector between Everson -Goshen Road and Mission Road, through the southern growth area. The street is expected to serve as the border between industrial and residential areas. The city anticipates that Cedar St. will be built with external funds from either the developers or from CERB, which provides funding for infrastructure necessary to support industrial development. 12-14-04 Revision 4-13 63 City of Everson Comprehensive Plan GOALS AND POLICIES- . S. In consideration of the needs and issues identified within this Transportation Element, the City of Everson adopts the following goals and policies: ✓ Goal: Provide transportation systems that provide convenient and safe access to employment, educational and recreational opportunities for citizens and visitors, and that provide for the movement of goods and services. Policy: Control access to arterials and connectors in order to minimize disruption of traffic. Policy: Front new subdivisions on connectors and arterials rather than state routes. ✓ Policy: Establish connectivity between new subdivisions, benefitting pedestrians, automobiles, utilities, and emergency services. Policy: Keep industrial / commercial truck traffic off residential and local streets. v' Policy: Within the city's financial ability to do so, bring old substandard roads up to standard. Policy: Within the city's financial ability to do so, implement the improvements listed above under "system expansion needs," "system management needs" and "system maintenance needs." Goal: Coordinate transportation planning and construction with neighboring jurisdictions and with the state. Policy: For segments of state routes within city limits, set an LOS identical to that adopted by WSDOT for those segments. Policy: Set LOS "C" (V/C ratio between 0.7 and 0.8 during p.m. peak. hours) for city - designated arterial streets. ✓ Policy: Participate in the county -wide planning process coordinated by WCCOG. ✓ Policy: Coordinate with WSDOT with regard to state routes. ✓ Policy: Coordinate with Whatcom County with regard to county arterials and collectors. ✓ Policy: Coordinate with WTA with regard to transit. V Policy: Coordinate closely with Whatcom County during annexations and work toward solutions providing long-term benefit to citizens of both the city and the region. 6-2 6/25/96 Revision 64 ✓ Goal: Build and operate facilities as efficiently as possible. ✓ Policy: Maintain and preserve the existing system. Policy: Aggressively pursue low-cost fiords such as grants and subsidized loans. ✓ Policy: Undertake effective planning and build only what is planned. ✓ Policy: Coordinate road projects with utility projects. ✓ Policy: Adopt road design standards that are sensible and that do not needlessly impose cost. ✓ Goal: Allocate costs fairly among those that benefit. ✓ Policy: Use SEPA to mitigate off -site impacts associated with new development and redevelopment. Policy: Initiate the use of LIDS, in conjunction with general funds, to reconstruct substandard local streets and sidewalks. ✓ Policy: Use "no -protest" agreements, when appropriate, as a means of allowing approval of individual small-scale projects, while still providing for eventual construction of necessary improvements through formation of LIDS. Policy: Facilities providing benefit to both newcomers and existing residents should be paid for by both groups, with each group paying a share proportional to their corresponding benefit. ✓ Goak Encourage energy conservation and minimize impacts to the environment. Policy: Where feasible, encourage non -motorized transportation by developing marked on -street bike lanes on city arterial and connector streets. Policy: Develop park -and -ride facilities when feasible. Policy: Work with the WCCOG and major employers to encourage commute trip reduction. J Policy: Control stormwater run-off in order to reduce impacts to ground and surface waters. ✓ Policy: Monitor and limit, where feasible, transportation of hazardous materials through the wellhead protection area. 65 6/25/96 Revision 6-3 _ City of Everson Comprehensive Plan The following needs were identified by the City of Everson based on the inventory and assessment of existing transportation facilities and the recommendations of WCCOG. System Expansion Needs ✓ • Build connectors at north (between Trapline and Van Buren) and at south (between Mission and Everson -Goshen) in order to provide alternatives to the use of SR 544. • Improve pedestrian access along both sides of SR 544 southwest of the Nooksack River. • Adopt a priority list for acquisition of right-of-way for trail systems. These segments may include the following: ✓ 1. For the Bay -to -Baker Trail, the section from Chestnut St. south to Mission Road. 2. Right-of-way adjacent to the Nooksack River for a trail connecting the Bay -to -Baker Trail with Riverside Park, and right-of-way along W. Third Street for a trail connecting the north end of Riverside Park with the Bay -to -Baker Trail. System Management Needs • Adopt functional classifications for the city's street system The highest classification should be "minor arterial," on those segments for which federal finding is anticipated. • Adopt state design standards or, as a minimum, AASHTO design standards for the city's street system. • Signalize major intersections along SR 544 when conditions warrant. i System Maintenance Needs ✓ • Reconstruct existing, but failing, sidewalks (e.g., in the central business district between W. Main. and Washington St.). ✓ • Reconstruct substandard roads in order to preserve and enhance the existing system. 4. Level of Service Standards The Growth Management Act requires that the transportation chapter of the county and city comprehensive plans set regionally coordinated level of service (LOS) standards on all principal arterial and transit routes. The definition of level of service is left to the discretion of the local jurisdiction. Level of service is a road -use standard used to judge how well a road operates. Typically, LOS is based on the amount of time delay experienced by a motorist at a traffic signal or along a road segment. For roadways, LOS A means that the roadway is free -flowing and is free from congestion. LOS F means that the route is so heavily congested that traffic no longer flows in a steady stream —the number of cars exceeds the road's capacity. Although levels of service are normally defined qualitatively, a standard set of engineering calculations assigns LOS rankings to roads, intersections, or other facilities. Comparing traffic vohme with the capacity of a given route segment defines existing levels of service. That same comparison, using projected future traffic volume, yields insight on future levels of service. 6/25/96 Revision 6-5 66 67 City of Everson 2009-2011 E Priority Goals, Existing Polic The CiVs economic development goE action and short-term strategies. Early • Idei be i its • Enc the imp • WO pro 2009-2011 Everson ED Work PI =' s `F o- E=} •Work with Whatcom County to improve communication in the area -of permits, signage, zoning, and processing of paperwork. • Continue the vitalization of ti lyAco Ear,ns:. Complete stamplcon induct a for produi - =may= `'- businesse: yi U Viral; Everson's pedestrian City center and coordinate with commercial to exdand business c j� development in outlying areas. aC : chain and •Encourage retail and service Explore cii commercial uses alongwith residential and public uses, to develd.pm, GO�A` locate within existing City Center. r R, v - • Encourage educational and Long -Term Stri I: Increase b z K= training programs and facilities. sho m i -:_ Institute a customer service training/marketing program for members Explore he - area businesses. east What • Encourage coordination among Work ' in 3 - the City, area banks, and lending safety1purinstitutions , to form a database of commerci; - land inventories, development I uses. processes, funding, technical ■ Pursue a g assistance, loans, grants, and for anlEve _ venture capital resources. potential i • Pursue development of one -stop development center. suppo� of station/fo. _ • Develop a business retention Secure fur program to ensure continued Pursue sig viability of existing businesses. Guide Mei • Encourage the use of activities 1 _ = and businesses as a means of economic development. 2009-2011 Everson ED Work Plan •: downtown LID improvements: remove gravel strips; .rete. sidewalks. iowntown market analysis to:1) identify demand s and services; 2) identify the capacity of existing to meet demand, 3) identify which businesses want ;o meet a regional market, 4) determine new iportunities, and 5) identify potential impacts of ranchise operations in Everson. interest in waiving gas tax for promoting 1t of a gas station/mini mart. ,egies: sic services available in Everson to keep residents Everson and drawing surrounding community ito town. to help Everson businesses capture more of the )m County market. )rove existing commercial sites; include upgrade for ises. Explore the demands necessary for raw lands and preparation for additional commercial i station / mini -mart site if there is business viability on location, given two stations in Nooksack, and restor interests. Explore location options that imum viability for regional access and gas 1-beverage sales viability. ing for a business incubator feasibility study. age with DOT to get Everson directional signs on 1-5, Tian, and East Badger Road. 02 2009 Meet with Nancylordan — LEAD Mayor, Debbie, Jen Review light industry assets City of Everson has to offer and identify types of industry that match this level/type of service and community. Q3 2009 Explore providing financial incentives for buildings in the commercial zone in order to increase supply of commercial land, e.g., waive fees for tear -downs and hook-ups. — LEAD Council 2009 Explore adding additional land base to commercial zoning. — LEAD Rollin 2009 Carefully explore City B&O tax structure for more equity, update numbers to reflect City's current needs only after the downtown LID project is completed. — LEAD Council 2009 Explore boat launch for emergency management access, build relationships re: regional river access needs. — LEAD Mayor, Rick 2009 Conduct market survey of needed businesses for Everson, explore scales and scopes, and identify costs for staff conducted and necessary partnership support — LEAD Debbie 69 City of Everson General Sewer Plan - DRAF Ir Capital improvements for the treatment plant are discussed in Chapters. Several additional programs are recommended for review, but are not included in the capital improvement program'at this time, to maintain the capacity of the existing sewer collection system. These are described below: ■ Some of the existing pipes are old or were installed with pipe material now considered obsolete. A regular program of pipe replacement would gradually bring these segments up to modern standards. ■ Infiltration and inflow is not believed to be a significant issue for the sewer system as a whole as discussed in previous sections. Local IA problem areas may exist however, and so it is recommended that an Ill reduction program be instituted. ■ Television inspection of a portion the sewer system each year would allow maintenance concerns to be identified and direct maintenance funds to the most cost-effective locations. ■ Fats, oils, and grease (FOG) accumulations are a concern with most sewer systems in that these deposits may plug pipes and cause sewer overflows. An active study to the effectiveness of the current City FOG program and development of improved practices will contribute to better operating efficiencies. ■ Asset management will be enhanced when the above programs are in place; at which time an updated asset management program will aid the City to make the best use of available sewer utility funds. 6.2 Proposed Mini -Basins Extensions The City of Everson is projected to experience growth beyond the current city boundaries to the east and southwest of the existing sewer service area as shown on Figure 5 2. Extension of sewer service to these areas is discussed below; however, available topography for many of these extensions is very limited so the actual facilities required and their locations may change with better data: East VGA Area — There is currently no sewer service to the East VGA area. It is assumed that it will be developed with single family homes. Due to the topography, a 150 gpm pump station with a 4-inch, 1,300 foot long force discharging to Greene Lane and into mini -basin 4 will be required to convey sewage to the existing sewer system. Southwest UGA Area — There is currently no .sewer service. to the Southwest. VGA area. It is assumed that it will be developed with single family homes. Due to the topography, an 80 GPM pump station with a 4-inch, 2,000 foot long force main discharging to mini -basin 6.will be required to convey sewage to the existing sewer system. Actual alignment of the sewers for these developments will depend on the platted layout of the streets and the subdivision of the developed properties. These layouts will be prepared by engineers for the property owners at the time of development. Specific sewer alignments will then be prepared with actual pipe profiles designed in relation to the site grading plans. Accordingly, only general sewer service concepts have been prepared for this Sewer Plan in anticipation of some changes in topography and parcels when development actually occurs. However, trunk mains need to be constructed with development to serve these areas. 6.3 New Infrastructure Requirements The Capital Improvement Program will be formulated to address the infrastructure needs as December 2011 6-3 BHC Consultants, UC 70 City of Everson General Sewer Plan - DRAFT identified by the City to resolve known problems or capacity concerns, or where such concerns are anticipated within the next six years. Not all of the improvements described in the two preceding sections would fit this requirement. Capacity requirements are based on the build -out conditions allowed by current zoning and land use plans for the present sewer service area allowed within the present urban growth management boundary. However, these constraints may change in future years. If so, then the capacity requirements should be reconsidered. All facilities, whether built as a capital improvement by the City or as a developer extension, would be designed and constructed in accordance with the requirements of the current edition of the 'Criteria for Sewage Works Design' by the Department of Ecology. For gravity sewers, the minimum pipe gradient or slope should be sufficient to maintain a Velocity of at least 2 feet per second to keep solids moving through the system. Force mains should not have velocities. below 2 feet per second or exceeding 8 feet: per second to prevent solids deposition at low velocities or excessive wear that could occur from abrasion at higher velocities. All sewage pump stations shall have at least two pumps, each with capacity for the peak hour flow projected for the design life of the pump, and controlled in an alternating lead -lag configuration. Stations shall use submersible pumps. Telemetry, magnetic flow meter, and emergency power shall be provided for all stations. 6.4 Preliminary Cost Estimate Improvement projects are listed in Table 6-1 with the major components conceptually described. These components are identified only to a preliminary level of design with approximate dimensions which will need to be refined during final design. Construction costs were estimated from bid results for similar projects in the Puget Sound area and RS Means cost data for 2011. In addition to the costs to build the various components, the estimated construction cost also includes sales tax. Estimated project costs include the estimated construction costs plus surveying, engineering services, permits, bid advertisement, contract award, engineering services during construction (total percentages for previous items varies from 25 to 50 percent), and a 30% contingency. No costs are included for financing, easements, right-of-way, or property acquisition. December 2011 6-4 BHC Consultants, LLC 71 6280 EVERSON GOSHEN RD. EVERSON, WA 98247 PHONE 360-966-7252 FAX 360-966-2506 March 1, 2012 To: Whatcom County Economic Development Council RE: Water & Sewer Main Extension on Mission Road by the City Everson. Dear Sirs: Please be advised that Tiger Construction is a property owner in the southern part of the City Everson and we are in the early stages of planning future development of this property. We have a 2.7 acre parcel that is a triangle piece and is east of Selco and west of Mission Road. We currently have developed a small portion of this property as a fenced construction yard. Our other property is on the south end of Everson City limits on the west side of Mission Rd and is a 13 acre parcel. So far the biggest hurdle we face in planning is extending the water and sewer to service our property. Once the Sewer and Water is extended we can begin in earnest to develop this area into a Light Industrial Park with one parcel (approx. 5 acres) dedicated to a new Shop and Office for Tiger Construction. The rest of the property would be developed into some smaller lots and marketed to other businesses in the area. Please know that we fully support the City of Everson in their application for funding the extension water and sewer service in south Everson. Please don't hesitate to call if you have other questions about our plans. Sincerely yours, Ken Isenhart President of Tiger Construction, LTD CC City of Everson 72 73 Project # a 0 ` / - 0 / „ ()2e.vi Sect) Whatcom County EDI Program Application Review Checklist Applicant: PusuL uriL-irY GIs-,e,cr (pub) #-1 or Wy,4T-cot-t Cou,ur7 Project Title: F00THIJ-Ls BROA-ba.+Ub Initial Submission Received - Date: /a -(o'/ Completed Application Received - Date: Is this application for: [circle one] 1.) Loan Only 2.) Loan/Grant 3. Grant Only Amount of funding requested: a /7 50 0 Cover Letter or Executive Summary for project attached: a/Yes 0 No o N/A Funding Terms Identified: Yes o No o N/A Project Description Completed: aYes o No o N/A Financial Information Completed: M/Yes El No o N/A Private Sector Commitment Identified: a Yes 0 No "/A Project Feasibility Completed: w,"Yes o No Ei N/A Application Signed: a/Yes 0 No o N/A Resolution Authorizing EDI Application Attached: o Yes m,"No o N/A Project Engineering and Costs Estimates Attached: fYes o No o N/A (�ach•»en1- C) Contingency Agreement Signed and Attached: o Yes o No aN/A Supporting Documents Attached w/Yes o No oN/A Is applicant eligible for program funding? a,"(es o No o N/A Page 1 of 2 74 Does this project exceed the minimum project amount? Are other funding sources involved? Is this project contingent on other funding sources? Is the local matching funds 10% of the EDI funding request? Is this project on the CEDS Project List? Application Complete? List Incomplete Items: 1.) /iwi�,o��z�1.5 l2esa(,fioti 2.) 3.) Other Number of Jobs created: N/fF Number of jobs retained: /VM What is the jobs per EDI dollar ratio? N lq Comments: Project # 02 D / l - o I ( keyi sue) P'Yes o No o N/A ov'Yes o No o N/A wYes o No o N/A o Yes o No "/A W'Yes o No o N/A ii Yes E3' No o N/A ✓ .SCZ Pu.D #P % 9,)get, a aCafe,� Reviewed By: Date Reviewed: 'Page 2 of 2 75 PUBLIC UTILITY DISTRICT No. I December 2, 2011 'Mr. Pete Kremen Whatcom County Executive Chair, Whatcom County Economic Development Investment Program 311 Grand Avenue, Suite 108 Bellingham, Washington 98255 RE: Mt. Baker Foothills Wireless Broadband System Whatcom County EDI Funding Application Dear Mr. Kremen, of Whatcom County 1705 Trigg Road • Ferndale, WA 98248 P: (360) 384-4288 • F: (360) 384-4849 email: info@pudwhatcorn.org www.pudwhatcom.org R EL"53" E I VrEE". U DEC Q 6 2011, KRE .-N COUNTY EXECIj � ;1r'E Please accept this application to the Whatcom County Economic Development Investment Program for funding in support of a project to build a wireless communication system to serve areas of east Whatcom County, more specifically the Maple Falls, Glacier, North Columbia Valley, Silver Lake and South Fork Valley areas. Public Utility District No.1 of Whatcom County is applying for the EDI funds to provide the 30% "local match" for a project to be constructed by the non-profit public agency, NoaNet, utilizing a federal BTOP (Broadband Technology Opportunities Program) grant. NoaNet, utilizing the BTOP grant funds will provide the other 70% share of the cost of the project. The construction of this wireless system, utilizing federal and EDI funds, will provide a system that can then be leased by private sector ISP's and cellular service providers to provide retail high speed broadband services and cellular services at market rates to residents, businesses and government agencies. The areas that will have access to these services with the construction of this new wireless system are now un-served or underserved by the private sector because the cost of installing the "middle mile" infrastructure is too much to bear by the private sector. Utilizing federal and EDI funds to build the infrastructure will allow for the private sector to pay market rates to lease the system and charge market rates for the "last mile" or retail services. Several public agencies, including the Sheriff's department, fire districts, Whatcom County Public Works, and the Whatcom County Health Department will also benefit from having access to a system that can be used to improve communications in the area which would be served by this new system. ommissioners: Paul Kenner, Jeff McClure, Mike Murphy • Stephan (Steve) Jilk, General Manager 76 PUBLIC UTILITY DISTRICT No. l - - - ------ --- ---- -- -- - - - -- - _ - of Whatcom County Mr. Pete Kremen December 2, 2011 Page 2 Public Utility District No.1 of Whatcom County is applying for the funds from the EDI program for two reasons: first, the BTOP grant program requires that the ultimate owner of the system has to be a public agency that has the authority and the ability to operate and maintain the system; and secondly, the EDI program requires that the EDI funds must be used by a public agency for infrastructure which is owned by that agency receiving the EDI funds. Another requirement of the use of the EDI funds is that the project to be funded should be either on the public agency's capital project list or the County's CEDS project list. This project has been included in the County's CEDS list and has been identified by businesses and business organizations as an important element of economic security in the Mt. Baker Foothills area. I look forward to discussing this application with you, your staff, the EDI Board and the Whatcom County Council. Thank you for your continued support for the economic development initiatives in Whatcom County and especially the support for these types of collaborative efforts where we can use local EDI funds to leverage larger investments of federal funds in support of private sector jobs, business expansion and public safety all at the same time. Thank you or your consideration of the application. .r ' S _ pha ilk General Manager Public Utility District No. 1 of Whatcom County 77 5/25/2011 Whatcom County Economic Development Investments Program Application for Funding Pete Kremen, Whatcom County DEC 6 o 2'011 PE cc KR E M E N COUNTY EXECUTIVE Application for Funding Page 1 of 14 Whatcom County EDI Program Application Checklist Completed Application All portions of the application must be completed in full: Summary Page A. Requested Funding Terms B. Project Description C. Financial Information D. Private Sector Commitment (complete this section for each private firm involved in project) E. Project Feasibility Signed Certification See page 9 of application. Resolution Include a resolution or ordinance of the local governmental jurisdiction authorizing this EDI application. Engineering Estimates Attach if applicable. Contingency Agreement(s) Include a signed Contingency Agreement for each private sector firm involved in project. (Sample agreement on page 10.) Please be clear and concise in your responses. Attachments are welcome. This application can be obtained electronically from: • The Whatcom County Government: www.whatcomcounty.us • The Bellingham Whatcom County Economic Development Council: www.bwedc.org • The Whatcom County Executive's Office: Executive(a-)_co.whatcom.wa.us The EDC has been charged with providing assistance with the application process. The applications that are received will be reviewed by the EDI Board and as appropriate approved by the Whatcom County Council. Submit completed application and attachments to: Bellingham/Whatcom County Economic Development Council 105 E. Holly Street - PO Box 2803, Bellingham, WA 98227 (360) 676-4255 Phone (360) 647-9413 Application for Funding Page 2 of 14 Whatcom County EDI Program 79 Summary - Application for Funding Applicant (Governmental Entity): PUD#1 of Whatcom County Federal Tax Number 4-1 - O 9 5 3 74+ I Contact Name: Stephan Jilk Title: General Manager Telephone: 360-384-4288 x12 Fax Email: ' SteveJCa)_PUDWhatcom.org Address: 1705 Trigg Road Ferndale WA 98268 Project Title: Foothills Broadband Amount of EDI loan/grant requested: $217,500 Source of Local Match: N/A List other funding: NoaNet will provide $507,500 from a federal BTOP grant Date Requested— 12-1-11 Date Approved - TOTAL public project costs: $725,000 TOTAL private investment in plant/equipment: N/A Application for Funding Page 3 of 14 Whatcom County EDI Program :1 A. Request for Funding Terms Al. Indicate the terns of the funding that you are requesting here. We are requesting a grant as the "local (30%) MATCH" to a federal grant for the planning, design and construction of a wireless communication system that will be owned by a public agency that will provide access for private sector and public sector ISP, radio and cellular communication services to enhance and support the foothills economy. (a) Total number of years for repayment — N/A (b) Other specific terms: B. Project Description B1. Describe the entire public facility project, including the parts that you are not asking EDI to fund. This project will build a wireless broadband system that will connect to open access fiber optic cable in Kendall. The project will construct a number of telecommunication towers and repeaters to transmit broadband signal to areas of east county including Glacier,Maple Falls,Silver Lake, North Columbia Valley and south fork valley including VanZandt, and Acme. Most of this area is currently unable to access cell phone or high speed internet service. All signal transmitting equipment required to provide fast and reliable service is included in the project. Businesses and homeowners will purchase services to access this system from private sector ISP and cellular service providers that will pay the project owner to access the system. NoaNet, a not for profit agency in Washington will provide 70% of the project cost through a federal grant known as the BTOP program. B2. Will this project upgrade an existing public facility? No Build anew one? Yes Describe: This project will build a wireless system to extend broadband access from an open access fiber optic cable planned for Kendall to the currently unserved areas of Glacier, Silver Lake and South Fork valley._ B3. Specifically, what element(s) of the public facility project will EDI funds pay for? The EDI funds will provide the required local match for accessing $507,500 of federal BTOP (Broadband Technology Opportunities Program) grant funds.Together these funds will be used to construct a middle mile wireless broadband system with towers and repeaters in the service area. B4. Include a site map of the area. (Materials must be reproducible in black and white and in 8 112 x 11 format.) Identify the location of the site, public infrastructure and private development project, existing and/or proposed. See Attachment A. Application for Funding Page 4 of 14 Whatcom County EDI Program B5. Attach engineering estimates that support project costs. Identify if estimates are from preliminary engineering or design engineering work. NoaNet requires a local "participant" to provide certain pre -design and feasibility reports before the project can proceed. The Port of Bellingham has provided funding to the Mt Baker Foothills Chamber of Commerce to complete this phase of the project work_ The Mt Baker Foothills Chamber has complete much of this work internally and contracted with a local, private company to do the design engineering work and determined the system infrastructure and costs to successfully complete a project that would provide the services requested. The pre -design information along with the estimated costs used to establish the project costs were provided through the Chamber and in collaboration with NoaNet. NoaNet, as initial project owner will complete the final engineering design, bid and cosntrcut the project. B6. Describe how the public facility project will enhance or encourage other development in the immediate area in addition to the direct development described in this application. High speed telecommunications access will support existing businesses in the area. It is the tool needed to allow them to be competitive so they may stay in business or expand. This is particularly true for the local tourism industry which has been losing customers due to the lack of access to modern technology. In addition, there will be more small, internet based business owners will move to the area. The spectacular beauty and recreational opportunities of the area attract people. Access to high speed internet will provide a way for them to support themselves. It will also provide high speed access for families, students and public safety support systems. B7. List all permits and environmental reviews required for the public sector project and give their current status (applied for, application being prepared, permit issued, etc.) NoaNet will be responsible for completing all environmental reviews and obtaining any permits needed. Provide preliminary project schedule: This will be created by NoaNet after the match funding has been obtained and all necessary agreements have been signed. Estimated Completion Date — This system is expected to be operational by not later than July 2013 NoaNet will be responsible to create the preliminary engineering report, conduct the environmental reviews, obtain all required permits, complete the design engineering, prepare bid documents, award the construction contract and oversee the construction. B8. Other Jurisdictions (a) Are other jurisdictions, such as counties, cities, port districts, tribes, state/federal agencies involved in the planning, design, financing, construction or operation of this project? If so, please identify all entities: NoaNet and the Port of Bellingham are both involved. The Mt Baker Foothills Chamber of Commerce is also playing an important role. The bulk of the funding is from a grant awarded to NoaNet from the federal BTOP program. The Port of Bellingham is funding a temporary and part time Coordinator, managed by the Mt .Baker Foothills Chamber of Commerce. This Coordinator is responsible to facilitate the completion of all tasks required for this project to Application for Funding Page 5 of 14 Whatcom County EDI Program succeed, maintain communication between all stakeholders and advocate for the interests of areas of the Mt. Baker Foothills still unserved by broadband. (b) Explain how completion of the project is coordinated between these entities. The Coordinator, hired by the Mt. Baker Foothills Chamber of Commerce, is working with NoaNet, Whatcom PUD, the Port of Bellingham, local ISPs and the community. B9. Who will operate and maintain the public facility in this project? NoaNet will build, operate and, initially, own this system. Eventually, ownership will be transferred to Whatcom PUD#1 per federal funding guidelines. Whatcom PUD has taken action to accept the ownership of the system upon construction and successful operation by entering into an interlocal agreement between the PUD#1 and NoaNet. B10. Will this project impact utility rates and public services within the jurisdiction? Explain: This project will make high speed internet services available to currently unserved communities. Businesses and homeowners will be charged for the service (by the last mile service provider), if they choose to use it. By utilizing the BTOP grant and the local (EDI) match to write down the capital cost of the project the services can be provided by private sector providers at market rates. B11. Is this project consistent with your local comprehensive plan, capital facilities plans and/or county comprehensive economic development strategy? If yes, attach relevant portion of plan. If no, please explain. Yes. See Attachment B. C. Financial Information on Cities, Towns, Port Districts or Counties C1. Will a revenue stream be generated that could repay an EDI loan in addition to funding the operations and maintenance costs of the facility? This is unknown. As owners of a middle mile system, there is an opportunity to charge all last mile providers choosing to use the system. This may include cell phone providers. While preliminary budgets shows there is potential to repay a loan, the PUD is unable to accept any risk to do so and so the PUD#1 is requesting that this request be met with a grant. (a) If yes, please describe (b) If no, please identify eligible funding sources committed to loan repayment. NoaNet has agreed to operate the system to develop a customer base, ISP and cellular providers, and then transfer the system to the PLID#1.to operate. If net revenues from the system operation is realized after the PUD#1 takes ownership the net revenues can be re- invested in the system to expand it further to support economic development in the Foothills region and offset costs to public safety agencies utilizing the system. C2. In the context of your entity's overall annual budget, explain the need for EDI assistance. The EDI grant will provide the local match to NoaNets' federal BTOP grant, leaving no financial liability to the local entity.(loan applicant) and assure the projects sustainability. Application for Funding Page 6 of 14 Whatcom County EDI Program C3. If the local jurisdiction is not financially contributing to the project, please explain why. The PUD, as applicant for the EDI loan, has no other revenue source to fund the project. This is the reason the EDI application is structured as it is. C4. Has the use of revenue or general obligation bonds, LID, ULIDS been explored for this public facility project? Yes Explain the outcome and describe why these financing sources would or would not be applicable for this project. "fhe process was determined to be too lengthy, costly and, potentially, not secure enough to be effective for this project. In order to receive NoaNet's commitment and the use of the BTOP funds a local match had to be secured and secure. D. Private Sector Commitment No private sector contribution is expected for this middle mile project other than the large amount of volunteer time used to get the project this far. The private sector is expected to build and operate the last mile service that will extend this infrastructure to the customer. Any company willing to pay to use the middle mile infrastructure will be allowed to use it, subject to available capacity. As the system funding requires this system to meet federal "open access" criteria. E. Project Feasibility E1. Summarize the results of the feasibility analysis that supports your proposed public facility investments. It has been determined that a workable system can be constructed to provide service to the targeted areas. The service will be reliable, able to meet current needs, able to be upgraded as new technologies emerge, affordable for end users and cover the majority of the targeted service area. It can be built within the limit of the available funds. E2. Identify industries that are targeted for recruitment with this project. Local internet service providers will have an opportunity to bid on a contract to construct, operate and maintain this broadband delivery system. Later, they will be able to use this infrastructure to deliver last mile service to end users by leasing space in the system. E3. Describe a market strategy that contains action elements with appropriate timelines. Who will be responsible for implementing the marketing strategy? As owner of the system, initially, NoaNet will be responsible for development of a marketing plan to interested ISPs and cell service providers. Once constructed through a process of private sector bidding, a second RFP process will be done to consider companies who may be interested in providing the "last mile" broadband and cellular service using the system infrastructure. The Foothills Chamber and the PUD#1 have committed to work with NoaNet to develop this marketing plan. Application for Funding , Page 7 of 14 Whatcom County EDI Program Multiple marketing channels are already well established: • The Foothills Communications Task Force email list includes dozens of interested parties who are anxious to receive service. • Both the Chamber and the Task Force have a strong relationship with two newspapers that regularly publish updates on our broadband progress - so they will be able to easily build a buzz. • Both the Chamber and the Task Force have a relationship with leaders from local "gated communities" (which contain most of the households). They each have ways of communicating with the members of their community. • Between the Chamber and the Task Force, there is a strong and easily accessible relationship with many of the local businesses and the County Park. • The Task Force will post flyers at the local Post Offices and on local bulletin boards. • The Task Force will make information available at the local Visitor Center. The individual ISP(s) and cellular service providers will also be responsible for marketing their service. E4. Describe the site's appropriateness: There are very few tower sites that will allow this project to meet its goals. The Chamber, through the private contractor has identified three sites for towers and the number of repeater sites to be located throughout the service area that will allow the system to operate efficiently. Discussions with property owners of the tower sites are ongoing with initial approval given by each of the property owners. Final, written agreements, for property use will be completed once project funding is committed and final design is completed_ E5. Provide an analysis of other adequately serviced land in the area and give the primary reasons for the selection of the proposed site over other existing sites. The location of the towers and repeaters established in the pre -design work provide for the necessary sites for the equipment to meet area service access. E6. Describe the plan to secure the total required funding for the public facility improvements. Is it secured or not, and will it be available in the time frame established for project completion? NoaNet currently has access to the funds needed for this project and has been working with the Chair of the Mt Baker Communications Task Force since Oct 2010 to make this project possible. NoaNet has decided that they are willing to take responsibility for building, owning and, initially, operating the system using the BTOP grant for the 70% portion of the project cost. This EDI application for the grant will provide the 30% local match required under this BTOP program E7. For the total project, including public and private components, please describe the projected number of jobs created and/or retained, anticipated wages and how wages compare to local prevailing wages, opportunities the project may offer to the local labor force and other related issues. No hard data is available to answer this question. We do know that the bulk of the Mt Baker Foothills economy is based on tourism, home -based, small and sole proprietor businesses. Both are highly dependent on modern technology for their ability to compete and thrive. Application for Funding Page 8 of 14 Whatcom County EDI Program E8. Describe specific, quantifiable measures of the outcomes, other than jobs, that will demonstrate project success. Describe how you will measure these. Explain what you expect to show as progress toward the outcome for each year before the whole outcome has been achieved. Success will be measured by the existence of a workable and affordable high speed internet system. It will need to cover at least 90% of the populated area between Maple Falls, Glacier, South Fork. It can be considered a bonus if cell service providers were to use any of these towers to provide cell service to these areas. None of these goals can be achieved until the entire system is operational. Application for Funding Page 9 of 14 Whatcom County EDI Program Application for Funding — Certification HEREBY CERTIFY THAT THE INFORMATION GIVEN IN THIS APPLICATION TO WHATCOM COUNTY FOR INVESTMENTS IN ECONOMIC DEVELOPMENT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Sign ture of sponsible blic Official: Date Print or Type Name and Title: Application for Funding Page 10 of 14 Whatcom County EDI Program 34CKGRouAJ.D /Nr-0kMA7_i0AJ EDI Funding Request for Extension of Broadband to Unserved Areas of Whatcom County PUD#1 Of Whatcom County on behalf of Mt Baker Foothills Chamber of Commerce The Mt. Baker Foothills Chamber of Commerce has requested the assistance of Whatcom PUD to obtain an EDI grant of $217,500 to use as local match to leverage $507,500 of federal Broadband Technical Opportunities Program (BTOP) funds for bringing high speed internet to currently unserved areas of the Mt. Baker Foothills. As a public agency charged with protecting the best interests of Whatcom County residents in such matters, Whatcom PUD has agreed to provide their assistance by making this request. NoaNet is the federal grant recipient that has been working with us. In order to utilize federal funding and to provide EDI funding for the local match to the project Whatcom PUD has requested that NoaNet construct, own and operate a wireless system to provide broadband to the areas east of Kendall to Glacier and north of Maple Falls to the Silver Lake and North Columbia Valley and into the South Fork Valley to Acme. Whatcom PUD is requesting a EDI grant because it cannot assist with this project in any way that encumbers the PUD financially. While this project will ultimately generate revenue from renting tower space to internet service providers and, possibly, cell service providers - such revenue cannot be guaranteed to exceed the operating costs for the project in the short term. For this reason we are requesting a loan, with loan payment criteria based on the project's ability to pay. Economic Need Large parts of the Mt. Baker Foothills do not have access to broadband or cell phone service. The Mt. Baker Foothills community has been working, with increasing intensity, for more than seven years to try to bring high speed internet to their residents who are currently unable to access it. Over three years ago, a formal study was conducted on the topic. This study recognized the importance of high speed internet to businesses and students in the area. Since that time, the situation has gotten worse. Those trapped on dial -up or satellite cannot access the same services via the internet that others have come to take for granted. Dial -up is not only far slower, creating major inefficiencies for businesses; it is incapable of accessing complex websites, downloading video or video streaming. As speed, large documents and video are becoming a normal part of business, Foothills businesses are at a serious competitive disadvantage. This is forcing businesses to close or relocate to areas with better access to technology. The economy of the Foothills is, appropriately, based largely on tourism, home based, sole -proprietor other small businesses. The local accommodations industry is currently noting that 40% of the people calling to make reservations are asking whether broadband service is available in the area. Many decide against coming when they learn that we do not have access. Other people are coming and not staying for the full period of their reservation. These people often attribute their early departure to lack of access to broadband and cell phone service. This has a chilling effect on potential repeat business. Many of the home based businesses in the Foothills are highly dependent on the internet. These businesses tend to have a very small impact on our environment and the visual beauty of our area. They are exactly what we need to support the local economy, yet they are being forced to close or move due Application for Funding Page 1 of 4 Whatcom County EDI Program to their inability to compete with businesses that can access broadband. As they go and tourism is threatened, business for local stores and services also decreases. This project is important. It leverages $507,500 in federal funds. It will help reverse a period of economic decline and promote economic growth in a low income and remote part of Whatcom County. It is also a key step in bringing, the increasingly important, universal access to broadband service to many unserved areas of Whatcom County. Progress to Date Through the diligent volunteer efforts of the Mt Baker Foothills Communications Task Force, a project to serve the Foothills area was included in a statewide federal stimulus grant request. At the time the grant was submitted, it was planned that a broadband fiber optics cable providing service to Glacier and the Silver Lake area by extending a planned fiber connection to Kendall would be included. After the grant was awarded to NoaNet (a regional, not for profit, organization leading this effort), $270,000 was allocated from the federal grant, based less on actual planned costs and more on the available funds to extend the fiber from Kendall to Maple Falls. Following the award of the grant members of the Mt Baker Foothills group, the Port of Bellingham and the PUD reviewed the value of the proposed fiber connection/extension and developed a proposal for a wireless system that would provide service to a much broader area, could sustain a revenue stream that would invite the private sector, last mile providers to use the system and meet BTOP funding guidelines. The plan that has been created exceeds what the community considers to be their minimum requirements. It serves the current need for the greatest number of homes and businesses and is upgradable. Both targeted areas will be able to be served. The plan also works economically both in terms of fitting within the overall budget and in terms of affordability (market rates) for the end user. A survey was conducted in Glacier to determine how many businesses and residents were interested in the service and what they would be willing to pay. While lower cost is better, it appears that the market will consider up to $60 per month with a higher rate for high demand businesses. The Glacier area contains approximately 1,000 housing units. We conservatively estimate that in the first year 150 homes and businesses will sign up for service. Less is known about the intended usage in the Silver Lake area but one survey estimated that 70 businesses and homes will sign up. The wireless system to Silver Lake will also provide service to an important County Park and a Boy Scout Camp. Service to that area will set the foundation for later adding broadband to other parts of the unserved community. By the terms of the federal contract and the Foothill's community self interest, this "middle mile" service, to be constructed, will be "open access". Any company wanting to provide service to end users, using this middle mile service will be allowed to do so, depending on the system capacity at the time of the request - and will be charged for it. The towers constructed for this project may attract cell phone service providers in addition to Internet Service Providers (ISPs). This would be a bonus for the Foothills community —for businesses and public safety efforts. There is currently no, or scattered, cell phone service in the areas targeted by this project. Application for Funding Page 2 of 4 Whatcom County EDI Program iO The Mt Baker Foothills Chamber of Commerce originally offered to be the contracting organization for the federal grant money. This Chamber has a successful history with managing complex federal contracts. It does not now appear that this is a viable option. NoaNet, as custodian of the grant money is taking responsibility to build, own and operate the system. Once it is fully operational and not at risk of becoming a financial liability for Whatcom PUD, ownership will be transferred to the PLID to meet federal funding requirements. Due to the hard deadlines associated with this project, we believe it is necessary to proceed with this funding request at this time. To date, the Glacier and Silver Lake communities have been the beneficiaries of many hundreds of hours of volunteer leadership and technical expertise in this increasingly complex project. In mid -May of 2011 the Port of Bellingham responded to a request from the Mt. Baker Foothills Chamber of Commerce to provide funding for a Coordinator to lead this project until next fall. The Port Commissioners designated it as one of their top priority projects for funding from a specific fund designed to promote economic development. This funding has enabled the project moving forward in a collaborative manner. Logistics By the terms of the federal grant, NoaNet will be responsible for the overall success of the project. They will release an RFP for a competitive bidding process to construct and maintain the system. They have engineers on staff and are experienced with permitting processes and environmental impact issues. Permission has been obtained to use key tower sites on privately owned land. Contract are being developed. These tower sites will make it possible to transmit a signal to the Glacier area, the Silver Lake area and south to the Acme area. These tower sites have received preliminary determination as having no impact on endangered wildlife. The commitment for the local match money to be in place and available is critical at this time to allow NoaNet to move ahead with the project. Construction is currently scheduled by NoaNet for sometime between spring and fall of 2012. At this time the terms of the federal grant require that all construction be completed prior to Aug 2013. Marketing Plan The Mt Baker Foothills Chamber and the Foothills Communications Task Force will assist any internet service providers interested in serving these communities to market their services in order to accelerate connections with households and businesses. This is good for the community and will enhance the revenue stream to the ISP. This will allow the ISP to more rapidly meet any monthly payment obligations to NoaNet to cover maintenance and operations of the system The marketing channels are already well established. The Foothills Communications Task Force email list includes dozens of interested parties who are anxious to receive service. Application for Funding Page 3 of 4 Whatcom County EDI Program • The Foothills Chamber of Commerce has a strong relationship with two newspapers that regularly publish updates on our broadband progress so they will be able to easily build a buzz. Both the Chamber and the Task Force have a relationship with leaders from local "gated communities" (which contain most of the households). They each have ways of communicating with the members of their community. Between the Chamber and the Task Force, there is a strong and easily accessible relationship with many of the local businesses. In addition, the Task Force will post flyers at the local Post Offices and on local bulletin boards. They will also make information available at the local Visitor Center. Budget All construction costs will be paid for with a combination of the grant funds and the EDI funding. All figures represent our best estimate at this time. Construction Budget: Revenue` _ _ NoaNet (BTOP) $507,500 EDI Grant $217,500 Total $725,000 Expenses'- r Pre -engineering and feasibility study Environmental assessment Towers (3) (includes site prep, labor and taxes) Equipment to operate one tower off the power grid (includes site prep, labor and taxes) Linkages (includes labor and taxes) Repeaters (13) (includes labor and taxes) Contingency Total $725,000 NoaNet nor the PUD will likely actually operate or maintain the system directly. A local ISP will be contracted with to operate and maintain the middle mile system. They will also pay the managing entity for use of the middle mile signal and will provide last mile services. Additional ISPs or cell service providers choosing to use the system will increase revenue to the managing entity significantly. Application for Funding Page 4 of 4 Whatcom County EDI Program 91 .)} -r-rq c # m E &i T- A Mt. Baker Foothills Bi-oadbar, d Project Wireless Broadband Pre -Engineering Cost Estitnate CA Communications Site License Agreement - 0510 92 93 Attachment B Whatcom County Economic Development Investments Program Application for Funding Question Bii. Is this plan consistent with your local comprehensive plan, capital facilities plans and or county comprehensive economic development strategy? Yes Whatcom County Comprehensive Plan June 2008 _ GOAL 7C: Ensure adequate infrastructure to support existing and future business development and evolving .technology. Policy 7C-3: Work with:service providers for a dependable electric power supply, alternative energy sources, communications, and evolving technology to support existing and future business development. Policy 7C-5: Support the efforts of the PUD #1 and area communication and cable companies to get a fiber optic network throughout Whatcom County. GOAL 7A: Promote a healthy economy which provides ample opportunity for family -wage jobs for diverse segments of the community is essential to the quality of life in the.area. Policy 7A-2: Foster a diverse, private -sector job base, which will -provide family -wage jobs at the state median income level or greater, and facilitate the retention and expansion of existing businesses. Policy 7A-8: Enhance theenvironment for resource -based industries and the growingservice industry with an emphasis on the communities in eastern Whatcom County. GOAL 713: Support increased public/private sector partnering among all entities involved With economic development. Policy 713-5: Encourage utilization of .current technology and efficient communications tools to disseminate information. GOAL 7F: Encourage development that creates local re -investment funds and provides jobs in the local community. Policy 7F-1: Support existing local businesses as the major contributors of job creation and regeneration and afford them every opportunity to continue their success in, the community. Application for Funding Page 12 of 14 Whatcom County EDI Program GOAL 7G: Coordinate economic development with environmental, resource, and other comprehensive land use and open space policies and measures to enhance the community's overall quality of life. Policy 7G-3: Provide support to Whatcom County's tourist industry to maintain and enhance a balance between the economic benefits of tourism and the local quality of life. Policy 7G-4: Encourage a "sustainable materials economy" by supporting state-of-the-art technology and conservation techniques to minimize demands on resources such as water, energy, and other natural and developed resources. (Note- Bringing broadband service to the unserved areas of the Foothills will reduce use of energy through reduced car trips. For everyjob it helps to keep in the Foothills, approximately 12,000 miles of driving per year will be eliminated.) GOAL 7H: To promote economic diversity, continue to support the resource industries as significant elements of the local economy including the employment base. Policy 7H-7: Encourage growth of tourism and recreational activities and businesses that provide for diversity of the natural resource industry; provided that they comply with the countywide planning policies, and preserve the rural character of the area. GOAL 7J: In an economic strategy for Whatcom County, address unemployment and underemployment as important issues and continue the effort to increase family wage jobs. Policy 7J-1: Support creation of job opportunities for local residents, especially family wage jobs to decrease unemployment and underemployment. GOAL 7K: Enable a geographic balance for economic growth within the capacities of the county's natural resources, natural systems, public services, and public facilities. Policy 7K-1: Support small and cottage businesses in rural areas that minimally impact productive agricultural, forest, or mineral resource land. Policy 7K-6: Support long-term employment efforts in the unincorporated areas of the county, such as those stated in the Point Roberts, Birch Bay and east County Economic Development Plans and Sub -Area Plans. Specific County Tasks Infrastructure Work with the Port, PUD, COG, cities and other entities in planning and developing a countywide fiber optic system. Foothills Subarea Plan Goal U3: Provide for increased employment opportunities in the Foothills. application for Funding Page 13 of 14 Whatcom County EDI Program 95 G Attachment' Mt. Baker Foothills Broadband Project Wireless Broadband Cost Estimate October 18, 2011 Glacier/Silver Lake Valley/Maple Falls/Kendall/Columbia Valley/South Fork Valley and adjacent Mt. Baker Foothills Broadband Internet Access Project areas. Project Summary: The project goals are to provide high speed open internet access to the Mt. Baker Foothills area of Eastern Whatcom County. Coverage: The Mt Baker Foothills Broadband Project Task Force has received the following professional engineering and wireless service deliver design and pre -engineering cost estimate. This estimate is based upon a system that begins near Kendall and is based upon the completion of the NoaNet's BTOP-II delivery of fiber cable to Kendall scheduled to be constructed from Deming WA., starting in the summer of 2012. The location of a tower repeater station on nearby Black Mountain will be at a site about 4600' above sea level and is located with ideal lines of sight (LOS) to Glacier, Silver Lake Valley, Maple Falls, Kendall, the Columbia Valley, and be able to serve nearby Nooksack River areas along SR542 along Mosquito Lake Rd., Welcome, Van Zandt, Acme, and other South Fork areas where possible. The repeater on Black Mt. will be the main repeater site for feeding village repeaters in Glacier, Columbia Valley, Kendall, and other areas along Highways SR542 & SR547. The East County Resource Center may also prove to be a fiber POP access location when distribution in the upper Columbia Valley proceeds. Design: This wireless broadband system will be capable of providing data speeds with total aggregate throughput at 625 mbps (mega bits per second) from fiber POP locations to Black Mt. tower and other strategic planned take off points. Last mile service locations are targeted to be in the 10 mbps speed range for end -users. Community anchor organizations are targeted to receive 100 mbps, with targeted higher speeds for some businesses and community organizations that may require higher speeds for their last mile installations. Mt Baker Foothills Comprehensive Report 12/2/2011 Page 56 of 66 Access and proposed/potential repeater locations • Kendall Fiber Access o 48°55'2.44"N o 122° 8'20.75"W • Black Mountain Repeater o 48°58'15.10"N o 122' 1'41.60"W • Black Mtn. Repeater Tower 1 o 48°58'14.69"N o 122' 1'40.67"W • Black Mtn. Repeater Tower 2 o 48°58'15.10"N o 122' 1'43.17"W • Limestone Quarry Repeater o 48°57'22.51"N o 122° 7'26.37"W • Glacier - TBD • Silver Lake -TBD -Whatcom County Park • Welcome - Mosquito Lake Rd. -TBD Each of these locations and those yet to be identified (TBD) are part of the "Engineering Contract" deliverables that will include an environmental assessment as required for the next phase of the NoaNet BTOP II program. Mt Baker Foothills Comprehensive Report 12/2/2011 Page 57 of 66 97 Equipment List Towers 20' - (1) Black Mt. site (Low Profile with redundancy) Towers - other - Limestone Quarry (1_), and the South Fork Valley (1) Repeater & Equipment container building - (1) Black Mt. Full repeater stations - (13) to cover original and expanded service areas Connection equipment - Full connection equipment details will be delivered upon successful completion of a project Engineering Contract The fiber access source location (POP) in Kendall will access the completed BTOP II fiber cable from Deming. This data source is then available for transmission from Black Mt repeaters for system distribution and community anchor organizations within systems design service range. Distribution to and from the Black Mt site may include possible repeaters to the Columbia Valley near the Limestone Quarry, and in the South Fork Valley near or on Stewart Mt. This wireless system will have redundant provisions in case of weather or equipment related needs at Black Mountain. Several potential tower/repeater locations are being considered for Glacier and Silver Lake with capabilities in reaching as many local agencies, community centers, schools, libraries, businesses, and as many of the Foothills population centers as possible. The proposed repeaters will deploy up to 10 mbps depending on "Line of Sight" (LOS) and depth of forest coverage that could inhibit signal penetration. Where no access is available on a wireless basis, the potential for wired pathways will be available at additional costs. Mt Baker Foothills Comprehensive Report 12/2/2011 Page 58 of 66 This systems design will have all installations planned for remote access as a standard requirement. Each site location will be provisioned for as many services as vendor deems suitable within the scope of the initial project deployment. Vendors will identify all needed equipment such as: battery switching technology; solar backup; standby emergency service components (like propane thermal electrical generation with battery storage designs that will be able to sustain the repeaters year round). In addition, this estimate includes labor and materials known to be of the highest quality available. This estimate does not include the costs of permit fees, construction services by other providers, or taxes and fees related to the products that are installed except those covered by product warranties, and vendor's guarantees of quality workmanship. Project estimate - $725,000.00 This cost estimate is based upon field inspections of the possible tower and repeater sites available in the coverage areas of this proposed project. In addition, this cost estimate is based upon current equipment costs to serve a wireless system design discussed by the principles. Full final cost estimates will be part of the engineering design agreed to and the terms of the construction contract. Mt Baker Foothills Comprehensive Report 12/2/2011 Page 59 of 66 • • 1+C-4 M Progress Report: Washington State Broadband Internet Expansion Northwest Open Access Network (NoaNet) is implementing two federal American Reinvestment and Recovery Act grants totaling $140 million to bring high-speed Internet access to hundreds of schools, hospitals, emergency response agencies, libraries, colleges and universities across Washington state and to lay the ground work for bringing affordable broadband service to thousands of businesses and households. Universal broadband will make life more livable, businesses more productive, jobs more plentiful, and the Internet more accessible. NoaNet. Increases Fiber Network :Capacity to 1 OOGigabit NoaNet has led the telecommunications industry in Washington, being the first to provide 10Gigabit service throughout the state. We are now pleased to announce our fiber optic network is upgrading to the ADVA Optical Networking 10OGigabittransponders NoaNet is committed to serving as the main "information highway" for Washington, enabling telecommunications providers to connect with it to provide Internet service to local communities and organizations. The upgrade in backbone capacity will help NoaNet deliver reliable, high-speed broadband to schools, libraries, emergency responders, hospitals, government agencies and businesses in virtually every inhabited location of Washington. r/ NoaNet. PNortb.,.tOp.AccessNen.,k. NOANET I SECURING THE PROMISE OF BROADBAND IN WASHINGTON STATE INFO@NOANEr.NET 1 1,866,662.6380 100 Broadband Construction Status The NoaNet broadband network will reach nearly all corners of Washington state. Highlighted below is the status of broadband expansion projects through fall 2011. Visit www.washingtonbroadband.org for the latest broadband expansion information. 0 CONSTRUCTION 0 IN PLANNING 0 WIRELESS ROUTE IN PLANNING COMPLETE EXISTING f _7, ;77F _7 ----,SWANyw_ &4 A-i:� V_. M -AR WA .0 -CDP Z_ st. .0 V 9 > 'FIR T"I 9 A I"Jft,V " gip' ire -e d c _q;,,J rp.,. y6,, onlinethe . th W4 r:6g-qetqWyTpp rei?n t 6 In p Qhi 0 049 p 51, seqk' Ai I; ty 44 ir:6.f Vidid. ibk pgrat Sign up for NoaNet's ENewsletterl NoaNet is committed to keeping the communities we serve informed and engaged in our work. Learn about our latest projects and accomplishments by signing up for our monthly ENewsletter. To subscribe, send an e-mail to info@noanet.net and put "subscribe" in the subject line. We welcome your involvement and input. Contact us at 1.866.662.6380 or info@noanet.net. NOANET I SECURING THE PROMISE OF BROADBAND IN WASHINGTON STATE �r�_MooNet. Nortb-est Open Access Aetwu&, INFOUNOANET.NET 1 1.866.662.6380 101 News Release For Immediate Release For More Information Paul Bergman (206) 652-9506 presscenter@noanet.net High-speed broadband coming to all corners of Washington $185 million project will serve I 70communities_w&2,000.schools, hoAp talc, etnetgency response__ agencies, libraries, colleges and universities (TACOMA, WA) August 18, 2010 —Northwest Open Access Network (NoaNet) announced today it has received a second federal grant to extend high-speed broadband service to nearly every unserved area of the state. "This broadband initiative will create immediate jobs, attract economic investment to rural areas, and provide reliable, high-speed internet access to schools, libraries, emergency responders, hospitals, government agencies, businesses and individuals," said Greg Marney, Chief Executive Officer ofNoaNet. "Imagine a rural doctor being able to instantaneously share a patient's test results and consult with an expert at any major medical center in the world. It's a big deal for rural Washington." The $185 million program received a second federal broadband technology opportunity program grant. today of $54 million that all told will construct more than 1,3.00 miles of new fiber capable of delivering enhanced, affordable broadband service to 55 economically depressed communities, passing 538,559 households and 103,230 businesses across 25-of Washington's 39 counties. "This is a game -changer for many communities," Marney said. "It just like when electricity was finally extended to rural communities in the 1930s and 1940s. Broadband will help save lives, reduce government costs, help educate young people, and create business opportunities." Remote areas often have only the most rudimentary capabilities needed to share critical information among fire, police, hospitals and first responders. Additionally, businesses are reluctant to -relocate or expand in areas that are not served by broadband connectivity. "This program will revolutionize the services libraries will be able to offer communities across the state. People from vulnerable populations, the `have nots,' will be connected with the world of the `haves.' This is truly exciting news for the.people of rural Washington," said Jan Walsh, Washington State Librarian. The new broadband service will make life-saving enhanced 911 services available to virtually every inhabited location in the State. The ability to transfer real-time data over wireless networks will allow EMTs to communicate with hospital. physicians en route from injury sites and dramatically improve 102 News Release T response 'times when receiving medical treatment in the "golden hour" after injury improves chances of survival by 90 percent. The new broadband infrastructure will create a seamless network reaching more than 170 communities and 2,000 schools, hospitals, emergency responders, libraries, colleges and universities, including: • Connecting 34 community colleges creating opportunities for collaboration on research and information exchange. • Making remote diagnosis, enhancing professional training with reduced travel, and making it possible to provide immediate assessment and guidance to emergency workers via videoconferencing. - Enabling businesses -to use creu%f/debit card systems, aiziomate&irtveritory and elf 11-merit systems, and web sales that are not currently available or extremely limited today. • Giving farmers the ability to participate in commodities trading — a key competitive disadvantage to the family farmer. "Washington counties and cities are extremely grateful and excited about the opportunities and improvements this Broadband Stimulus Grant represents. This grant not only puts many people to work across the state, but more importantly provides critical connectivity to the many rural areas of our state" said ACCIS (WA -State Association of County/City Information Systems) President Ed Sherman. "The combination of Round 1 and Round 2 Stimulus Grants will have a dramatic and positive impact toward improving healthcare, education, and public safety services in areas that simply could not afford broadband without the assistance of a grant." NoaNet is leading the effort on behalf of a consortium of more than 60 private, governmental, tribal and non profit.participants. In addition to participant contributions of more than $45 million, NoaNet has received two federal grants totaling nearly $140 million as part ofthe American Recovery and Reinvestment Act to fund the broadband expansion program. About 1\ToaNet NoaNet is a non-profit mutual corporation providing wholesale telecommunications transport and is headquartered in Tacoma, Washington_ For more than 10 years, it has operated a reliable public open - access broadband communication network totaling over 1,831 fiber mules that provides rural areas access to broadband services, supporting 61 last mule providers that serve more than 260,000 customers. NoaNet's members are twelve public utility districts and a joint operating agency that have served wholesale customers in Washington State since 2000. 103 PUBLIC UTILITY DISTRICT No.1 of Whatcom County 1705 Trigg Road • Femdale, WA 98248 P: (360) 384-4288 • F: (360) 384-4849 Memo To: Commissioners Kenner, McClure and Murphy From: Stephan Jilk Date: December 6, 2011 Re: Mt Baker Foothills Telcom and County EDI funding Requested Action — Authorize submittal of application for Whatcom County Economic Development Investment (EDI) funds for NoaNet Telcom project in Mt Baker Foothills in the amount of $217,500. Background — The PUD and the Port of Bellingham have been working with representatives of the Mt Baker Foothills Chamber of Commerce for several years to develop a telecommunication service in the area of Glacier/Maple Falls and Silver Lake. This area is currently un-served or underserved with "broadband" or high speed telecommunication service. Because of this, residents, schools, businesses and public safety organizations are either without ways to communicate and access high speed data transmission service or very underserved in this area. The Mt Baker Foothills Chamber has had a group working on this. And, over the last several months representatives from the Port of Bellingham and the PUD have collaborated with the Foothills Group and NoaNet to design a wireless system to provide service to a large area of east county. Over the years there have been several attempts to get private telcom companies to bring this service to this area. That has not been successful because the number of potential customers does not provide enough return on the investment that the private sector would need to make for the basic infrastructure. This wireless system will enhance and enlarge the area to be served and 70% of the cost of the system will come from a federal grant through the NoaNet agency. Under this program NoaNet is willing to build a system that would serve that area, Glacier/Silver Lake/Maple Falls/Acme. NoaNet has received a federal grant in the amount of over $150 million dollars to fund projects all over Washington State. This federal grant though requires a local match to meet 100% of project costs. In this case NoaNet can access $505,500. of federal funds to meet a project cost of $725,000. (estimated). In order to access the federal funds and use them on this type of project NoaNet has to either have the project built by a public utility that is authorized and capable of owning and operating the system or build the system themselves and have a local public utility prepared to take ownership of the system once it is operating in the black (financially). The PUD has decided to accept ownership of the project, under certain terms, after NoaNet builds the system. In order to access local match funding from the County EDI program, in the amount of $217,500 a public agency needs to do so and then apply those dollars to infrastructure that the public agency owns. The PUD, as a public agency, can apply for County EDI funds. Previously, the PUD Commission had authorized the application for funding from the County for the project at a lesser amount because at that time the size of the proposed project and the estimated cost of the project was less than it is now. This is a recommendation to authorize the application for County EDI funds in a grant amount of $217,000. For the 30% local match to the total project cost of $725,000. This will allow the project to access $507,500. In federal BTOP grant dollars though NoaNet to complete the project. Fiscal Impact — None Recommended Action — Authorize the application for $217,500.00 grant from the Whatcom County EDI fund to provide the local match to the Mt Baker Foothills / NoaNet Wireless Broadband system project. • Page 2 105 Pagel of 2 Suzanne Mildner - RE: East County broadband/EDI From: Steve Jilk <stevej@pudwhatcom.org> To: Suzanne Mildner <smildner@co.whatcom.wa.us> Date: 12/13/2011 9:32 AM Subject: RE: East County broadband/EDI Attachments: mtbakertelcomediapplicationapprovalbypud217500.docx Suzanne, Our PUD Commission took action this morning regarding the EDI application for the East County Broadband project. `Specifically, the action taken was: To "Authorize the application for $217,500 grant from the Whatcom County EDI fund to provide the local match to the Mt Baker Foothills / NoaNet Wireless Broadband system project." Attached is the Action Memo considered by our Commission that reflects the action taken. Please include this information in the application the PUD has submitted for consideration. Thank you Stephan .lilk General Manager From: Suzanne Mildner [mailto:smildner@co.whatcom.wa.us] Sent: Thursday, December 08, 2011 10:26 AM To: Steve Ilk Subject: RE: East County broadband/EDI Thank you Stephan. I look forward to receiving it next week! Suzanne Suzanne Mildner Administrative Secretary/Grants Coordinator Whatcom County Executive Department file://C:\Documents and Settings\smildner\Local Settings\Temp\XPgrpwise\4EE71BADB... 12)A01I 107 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-142 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JeffGollen 7J -Z$'- l2 D 04/10/12 Finance/Council Division Head: Joseph P. Rutan: APR 0 3 2012 Dept. Head: Frank M. Abort �(�` WHATCOM COUNTY COUNCIL Prosecutor: Randall Watts b — Z a Purchasing/Budget: Brad Bennett Executive: Jack Louws TITLE OF DO CUW11T. Construction Contract Award for 2012 Hot Mix Asphalt Prelevel at Miscellaneous Locations, Bid #12-28 ATTACHMENTS. 1. Request Memo 2. Approval for Construction Contract Award (Endorsed by County Executive) 3. Project Location Summary with Quantities 4. Bid Tabulation 5. Low Bid Proposal 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.) Construction Contract Award for 2012 Hot Mix Asphalt Prelevel at Miscellaneous Locations, Bid #12-28, to Whatcom Builders, Inc., as low bidder in the amount of $1,234,335.00 A 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.waus.1council. WHATCOM COUNTY MAINTENANCE Et OPERATIONS DIVISION PUBLIC WORKS DEPARTMENT 4GON Co rP `y 901 W. Smith Road FRANK M. ABART 3 a Bellingham, WA 98226-9610 Director Phone (360) 676-6759 ;=>0 Fax (360) 676-6789 4sNINGt Jeff Gollen, Superintendent RECEIVED MEMORANDUM t TO: The Honorable Jack Louws, County Executive and MAR 3 0 2012 Honorable Members of the Whatcom County Council JACK LOUWS THROUGH: Frank M. Abart, PW Director C NTY EXECUTIVE FROM: Jeff Gollen, PW Maintenance & Operations Superintendent PkroJoseph P. Rutan, P.E., PW Assistant Director/County Engineer RE: Bid #12-28, 2012 Hot Mix Asphalt Prelevel at Miscellaneous Locations Construction Contract Award (Whatcom Builders, Inc.) DATE: March 27, 2012 ■ Requested Action Approval requested to award the bid and subsequent standard construction contract for the 2012 Hot Mix Asphalt Prelevel at Miscellaneous Locations to the lowest responsive bidder, Whatcom Builders, Inc. in Bellingham, Washington, in the amount of $1,234,335.00. Attached for your review and signature is the standard construction contract award package consisting of: 1) an agenda bill; 2) request memo; 3) Approval for Contract Award (endorsed by the County Executive); 3) Project Location Summary with Quantities; 4) Bid Tabulation (of all bids); and 5) the low Bid Proposal. ■ Background and Purpose Bids were duly advertised and submitted for the annual hot mix asphalt prelevel at miscellaneous locations. As part of the annual maintenance and repair on various county roads and on county road projects, the Public Works Maintenance and Operations Division contracts out the prelevel project. Two bid responses were received Tuesday, March 27, 2012. See attached bid tabulation listing in further detail the two bid proposals received along with the Engineer's estimate along with the Project Location Summary with Quantities sheet listing in further detail the specific locations around the County proposed for the prelevel project. Factoring in costs for mobilization, signing and traffic control, pavement repair, seeded law installation, and hot mix asphalt prelevel 3/8" Whatcom Builders, Inc. is the overall lowest responsive bidder for the 2012 Hot Mix Asphalt Prelevel Project. ■ Funding Amount and Source Adequate funds exist within the 2012 Budget Road Fund Expenditure. These are regularly budgeted expenditures for prelevel, which is used on an annual basis as needed and has been budgeted during the 2011-2012 Budget process. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the April 10, 2012 Whatcom County Council Meeting. Please contact Jeff Gollen at extension 50660, if you have any questions or concerns. Enclosures In accordance with WCC 3.08.030, 1 concur with this recommendation. Chris Mohnkern, Purchasing Coordinator Date 109 WHATCOM COUNTY MAINTENANCE I* OPERATIONS DIVISION PUBLIC WORKS DEPARTMENT �P�F°oy 901 W. Smith Road FRANK M. ABART Bellingham, WA 98226 Director Phone (360) 676-6759 -� Fax (360) 676-6789 93hINGtO Jeff Gollen, Superintendent 2012 Hot Mix Asphalt Prelevel at Miscellaneous Locations Bid #12-28 APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the construction contract as follows: PROJECT: 2012 Hot Mix Asphalt Prelevel at Miscellaneous Locations TO: Whatcom Builders, Inc. Contract approved in the amount of their bid proposal of $1,234,335.00 including all taxes. WHATCOM COUNTY Approved: Jack Louws, Whatcom County Executive Approving Authority Approved as to form: Randall Watts Chief Civil Deputy rosecuting Attorney Date � C1 Date 110 2012 Hot Mix Asphalt Prelevel At Miscellaneous Locations, Bid #12-28 Project Location Summary with Quantities Road No. Road,,Na,me. location 2012 Tons' 44120 Lake Whatcom Blvd. Lake Louise Road to Cain Lake Road 2,120 47051 Northshore Road Bellingham C/L to End 3,925 56320 Hemmi Road, E. W. Hemmi Road to Noon Road 2,545 44140 Park Road South Bay Drive to SIR 9 1,242 46460 Academy Road Toad Lake Road to.53 mi. E/Toad Lake Road 838 47100 Agate Heights Northshore Road to Topaz 157 56760 Beard Road From Hannegan, West 253 43045 Key Place BIVIP to Rainbow 25 43044 Pine Lane Cul de sac to Rainbow 94 43042 CedarLaneRainbow to End 89 43041 Beaver Place E. & W. of Rainbow to Ends 160 43038 Wildwood Drive E. Alder to End 107 43037 Peak E. Alder to End 79 43033 W. Alder E. Alder to End 61 46560 Hillsdale Britton Road to Toad Lake Road 178 46711 Emerald Lake Britton Road to.784 mi. from End 632 50160 Laurel Road, East From Guide Meridian to E/Hannegan 1,923 Proposed Roads Subtotal 14,428 Road 'No. Road Name Locab6n 2012 Tons-'� 56490 Medcalf Road Entire Road 980 56450 Chasteen Road Entire Road 812 Alternate Roads Subtotal 1,792 PROPOSED AND ALTERNATE ROADS TOTAL 16,220 111 U) O ca U O J U n O O C ca Z O200 Q - N J N D O — m > It Q 2 -a F- a.) m D a mca QL U) Q cx_ G O TZ N_ C) N O O O O O O O O O O O O z O o O 0 O C O o O N O l N ~ F N V O CD Ld � O � N 00 N F Z U 64 64 64 Gq Gq Efl w o (n O 7 o 0 0 0 O c F CD J CD C)LL O LL O Z V O V) = C:)C) V E O 0) O O a (� F-- L LL O LO j N 64 fA 69 co EA O O O O O p O O O O O p O O O VO O O O O LO 00 M O LO O O 1- M 0 1- 00 V O LO Cl) (O co)w ❑ N J_ to O e» e» e» e» 64 to F O (n LO 7 0 0 0 Q LO CO Q CDJ LO O CDLL CDLL 1� = V O 00 = O O 3 n O O V 0) O O O O 1-- N LL F r LL O Lo 6q bG 69 6�y 69 O O O O O p O O O O O p C) o C> O C) o Ci O Ci O O o o VO o O vO CSw F Q LO Cl) O cR Ld O N M w o_ w 64 bG 64 bG 1 6c� U)� w C: a O J LO O C? LL O LL O Fo- Z W V w a C, C 'IT a) CD O C)r- o 0) LL z C LLo bG (;f> w 6q S O 0) 0) 0) U 00 M LLl V) — O U � C C 0 j 0 O C)� O N m a) J m m c LL ~ _ ca O c o a) C 3 L C O N C J Q ni o) E ate) x o O C j N U) LL U) = J Z z Z LL G�UOUONto Q CD :D U� U N z 0QOQUcdo C7 J�00 LL LL w O Z N (`-) V- �O F J Q O a O w a 0 m O J 8� C 16 Co _ 0) 0) N O O O BEN N 0) C N w 0) a) a) `o L N w C � N c w N 06 y 0) c N N L N w E D O ca O w 2i N 07 D E d O O y w E 'V� 0) M O 07 a) N.- N J r C O aa)) o U O_ a)o Ica m — O a U 0) V) W V) O N 0 _- L d O a) D 0) O F- O C) U Z H = Q Q >i LL LL O O w Z U) O ri 0 LL C O L (V �' w 0) N c m � U 0) a 01) L O a) L a) 3 U O O ca E C O 0 N U T O ON � � v 0) 0) N 07 C�JJ Cl n -� c Co a�ci T C E a) _ N 0) ` 0 " _ � U O- x w O C J C N io m O T �O LL V) ca C _0 3 a) } wC O Q O Y C 0) � O U T O E m z 2 111/// ``��p11111NO O~ dp.�� to J CV :,, y. • 403 112 2012 HOT MIX ASPHALT PRELEVEL AT MISCELLANEOUS LOCATIONS BID 12-28 Date: March 27, 2012 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the contract documents entitled: "2012 Hot Mix Asphalt Prelevel at Miscellaneous Locations", Whatcom County, Washington, including the "Bid Procedures and Conditions", "Specifications and Conditions", "Contract Forms" and "Plans" governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said contract documents. Company Name: W hai-(-orn � n (— Submitted By: {Name 113 2012 HOT MIX ASPHALT PRELEVEL AT MISCELLANEOUS LOCATIONS BID 12-28 ITEM NO. APPROXIMATE QUANTITY ITEM &WRITTEN UNIT PRICE - UNIT PRICE TOTAL 1. LUMP SUM CMOBILIZATION . )P �/P.YI — i hou,,-sw 1 . Dollars L.S. $ 000 - 00 ritten Lump Sum Price t 2, 1000 HOURS SIGNING AND TRAFFIC CONTROL I • Ir _ + 1 •.J * �100 i $ i J`-� $ �i i K's0, U (_) (Millen Unit Price Per Hour) PER I4OUR 3. FORCE PAVEMENT REPAIR ACCOUNT Ten Thousand Dollars & NN100 Cents F.A. $ 10,000.00 Wr4len Force Aocouni Price) 4. FORCE SEEDED LAWN INSTALLATION ACCOUNT Five Thousand Dollars & No/100 Cents F.A. $ 5,000.00 Wrilten Force Accounl Price) 5. 16,220 TONS HOT MIX ASPHALT PRELEVEL CLASS 3/8" (Miscellaneous Locations) ofiefs Writlen Unit Price Per Ton PER TON TOTAL $ ( 23q, 33",GG TOTAL BlE} lTEM51 fHROUGH`'5 One- M ibn, Tvto KUr1C1'c?G 7t\Cr+-Y -rDur —iivL)-zsQn =v\v-no ltn 1r,r�,rnra ���tr 4tii-f=r'.rn DOLLARS CENTS -10- 114 2012 HOT MIX ASPHALT PRELEVEL AT MISCELLANEOUS LOCATIONS BID 12-28 I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll -free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify construction contract fraud and abuse, and is operated under the Inspector General. All information will be treated confidentially an d 115 BIDDER IDENTIFICATION The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made, and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Firm Name: Address: / U 77 I::- a. R d� Telephone Number: 3too) M-C � 27 Fax Number: `-6c) ` q 1� "1�il ), U Contact Name: :R ; C:Q-"I (-In 5(l Contact Phone: 3(a0 rJL %-- 3 q32 Contact Email Contractor's WA Registration Number:n��� Contractor's WA UBI Number: () I `;jL ; q I c Contractor's WA Employment Security Department Number:-.- U Contractor's WA Excise Tax Registration Number: ICU 1 15 ` tD (I � a The Firm submitting this proposal is a: ❑ Sole Proprietorship ❑ Partnership 2. Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the `partnership, or of all persons interested in this proposal as principals are as follows: Z` 1. �rcant NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. -12- 116 ACKNOUILEDGMENT The Bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions for this project. CASHIER'S CHECK ❑ DOLLARS CERTIFIED CHECK ❑ ($ ) PAYABLE TO WHATCOM COUNTY PROPOSAL BOND �< ($ 1 IN THE AMOUNT OF 5% OF THE BID Receipt is hereby acknowledged by addendum(s) No,(s) & SICNATUr OF AUT PRIZP OFFICIAL(S) (Proposal Must Be Signet) L L.�=�- ��✓2: �,-' // �(�t% �_ _— FIRM NAME:�Ji�r�,-!"�')I',�l STATE OF WASHINGTON (Seal) ) ss. COUNTY OF WHATCOM ) On this 2:Z J-hdayof V 2012, before me personally appeared RI ( ]0, Ci �_ (.ia l:S to me known to be the person described in and who executed ..�� the above i i o acknowledged to me the act of signing sealing thereof. i �� NOTA Y PUBLI and for the State of Washington, residing at My commission xpires: `) NO"fE: This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from Whatcom County will be cause for considering the proposal irregular and for subsequent rejection of the bid. -13- 117 WHATCOM COUNTY SUBCONTRACTOR LIST DEPARTMENT OF PUBLIC WORMS Prepared in compliance with RCW 39.30.060 as amended TO BE SUBMITTED WITH THE BID PROPOSAL Project Name: 2012 Hot Mix Asphalt Prelevel at Miscellaneous Locations Failure to list subcontractors who are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical work as described in Chapter 19.28 RCW will result in your bid being non- responsive and therefore void. Subcontractor(s) that are proposed to perform the work of heating, ventilation and air conditioning, plumbing as described in Chapter 18.106 RCW, and electrical work as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor'(s) name. If no subcontractor is listed below, the bidder acknowledges that it does not intend to use any subcontractor to perform those items of work. Subcontractor Name j) ("% t .) Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed -15- 118 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 20 i 2-143 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: ✓PK ��i� �' Z� 4t E E C D D 4/10/2012 Finance/Council Division Head: JPR APR 0 3 2012 WHATCOM COUNTY COUNCIL Dept. Head: FMA? Prosecutor: DG � `L I�i Purchasing/Budget: BB Executive: A / 3 I ✓ TITLE OFDOCUMEW Construction Contract Award for South Pass Road Structural Slope Repair; CRP No. 909011 - Federal Aid No. ER-0902(405) ATTACHMENTS: 1. Memo 2. Resolution amending County Road Project (CRP) Number and Award Construction Contract 3. Approval to Award Construction Contract endorsed by Executive 4. Project Summary and Vicinity Map 5. Project Cost Breakdown 6. Bid Tabulation 7. Low Bid Proposal 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.) Resolution amending CRP #909011 and award the construction contract for South Pass Road Structural Slope Repair to Trimaxx Construction, Inc. as low bidder in the amount of $104,008.20. COMMITTEE ACTION. COUNCIL ACTION.' Related County Contract #. Related File Numbers: Ordinance or Resolution Number. CRP No. 909011 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 119 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Frank M. Abart Director Memorandum Joseph P. Rutan, P.E. County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Phone: (360) 715-7450 Fax: (360) 715-7451 To: The Honorable Jack Louws, Whatcom County Executive and The Honorable Members of the Whatcom County Council Through: Frank M. Abart, Direc 'tt ja From: Joseph P. Rutan, P.E., County ngineer/Assistant Director James P. Karcher, P.E., Engineering Manager Date: March 27, 2012 Re: South Pass Road Structural Slope Repair CRP No. 909011 - Federal Aid No. ER-0902(405) Construction Contract Award RECEIVE[) MAR 302012 JACK LOUWg COUNTY EXECUTIVE Attached for your review and signature is the standard construction contract award package for the South Pass Road Structural Slope Repair. This package consists of the following: agenda bill; resolution for amending the CRP and contract award; approval of contract award endorsed by the Executive; project summary and vicinity map; project cost breakdown; tabulation of all bids; and the low bid proposal. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to enter into a contract for the subject project to the low bidder, Trimaxx Construction, Inc. in the amount of $104,008.20 including all taxes. This recommendation is based on a review of eight (8) bids received. Background and Purpose Bid proposals for the project were opened at 2:30 p.m. on Tuesday, March 6, 2012. The project is listed as Item No. 13 on the 2012 Annual Construction Program that was adopted by the Council on October 11, 2011. This project will involve reconstruction of a 200-ft section of roadway that settled significantly due to the flood event in January 2009. Funding Amount and Source Federal ER funds provide for 86.5% of the road construction costs. Local funds are required for the remaining 13.5% and right-of-way acquisition. Please contact Jim Karcher at extension 50633 if you have any questions or concerns regarding the terms of this agreement. In accordance with W.C.C. 3.08.230, I concur with this recommendation: A0 3,30,12- Chris Mohnkern, Purchasing Coordinator Date 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 INTRODUCED BY PROPOSED BY PUBLIC WORKS DEPARTMENT DATE: RESOLUTION NO. AMENDING COUNTY ROAD PROJECT NO.909011 AND AUTHORIZING ADDITIONAL FUNDS FOR THE AWARD OF A CONTRACT FOR "SOUTH PASS ROAD STRUCTURAL SLOPE REPAIR." WHEREAS, this project is included in the officially adopted 2012 Annual Construction Program as Item No. 13; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council: That CRP No. 909011 is formally amended to include the construction of the South Pass Road Structural Slope Repair Project. The Contract for this project is awarded to Trimaxx Construction, Inc., in the amount of their bid of $104,008.20. An appropriation from the officially adopted Road Fund Budget and based on the County Engineer's estimate is hereby made in the amounts and for the purposes shown: PURPOSE AMOUNT OF APPROPRIATION Preliminary Engineering $98,395.00 Right -of -Way $0.00 Subtotal $ 98,395.00 Construction Contract $ 104,008.20 Construction Engineering / Testing / Contingency $ 36,000.00 Total $238,403.20 BE IT FURTHER RESOLVED that the construction is to be accomplished by Contract in accordance with RCW 36.77.020 et. seq. PASSED this day of 52012 ATTEST: Dana Brown -Davis Clerk of the Council Approved as to Form: T iel L. Gi Asst. Chief Civi Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner Council Chair 121 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director South Pass Road Structural Slope Repair CRP No. 909011 Federal Aid No. ER-0902(405) APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: Project: South Pass Road Structural Slope Repair; CRP No. 909011 To: Trimaxx Construction, Inc. In the amount of their bid proposal $104,008.20 including all taxes. Whatcom County Executive Approving Authority Daniel L. i n Asst. Chief Civil eputy Prosecutor Date � .. Date JOSEPH P. RUTAN, P.E. County Engineer/Assistant Director 322 N. Commercial St., Suite 301 Bellingham, WA 98225-4052 Phone: (360) 715-7450 Fax: (360) 715-7451 122 Whatcom County Public Works Project Narrative South Pass Road Structural Slope Repair CRP #909011 Construction Funding Year(s): 2012 Project Narrative: This project is located east of Nooksack in Section 26, T40N, R4E. A storm in January 2009 caused large cracks in the pavement and the roadway to settle. Repairs include clearing, geogrid stabilizing, shoulder reconstruction, guardrail, shoulder repaving and drainage improvements. Project Status: Survey, design, and permiting were completed in 2011 with construction to begin in summer 2012. Total Estimated Project Cost: $238,403.20 Expenditures to Date: $98,395.00 Funding Sources: Federal $206,219.00 State $0 Local $32,184.00 Environmental Permitting BA, SEPA, ESA, CLR/CAO, NPDES Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) To Be Determined X i { ~Deeter Rd. Lindsay Rd. I I a ridge G Alm Rd. Alm Rd. z�° j Iv 1 Sorenson Rd. T � o r � "Ha es St . ;SACK y� �� ; 55 i South Pass Rd. � - - - "r /-o 70 a c� 123 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director Funding Source Preliminary Engineering Right of Way Contract P `OM 00 43H IN o c Project Cost Breakdown South Pass Road Structural Slope Repair CRP No. 909011 Federal Aid No. ER-0902(405) Whatcom County $13,283 $0 $14,041 Federal Funds $85,112 $0 $89,967 JOSEPH P. RUTAN, P.E. County Engineer/Assistant Engineer 322 N. Commercial St., Suite 301 Bellingham, WA 98225-4052 Phone: (360) 715-7450 Fax: (360) 715-7451 TOTAL $98,395 $0 $104,008 Construction Engineering, Testing and Contingency $4,860 $31,140 $36,000 Total $32,184 $206,219 $238,403 124 6 `" dL N 8E y 1' J IL > U 7> U U Z Z O O Z O j jD IL LL' J LL 11 J J== R' K f/j Q J LL Y Uj N J >> N m Q W .LJ a _1 U U a I c Y Y> JLLm J Y Y0UUUJaJ m m I Q wU UUZUUULL I fn K UUU Z z OOO z J U J IL w J51-j-i LL LL K K> = J LLW J w0 WmaYmY>QLL UUUaJ ON 8 n 0 8$$i8o�g$$os$o$sm=gggg 2 1 o - {g.0 ywQ'LL }»z z z2J9Li R'IL J Q IL J -i_= KR'm¢.>(nYY J LL N J w () Q W U U U IT JQ J UU UO��0 J UU m J 4 LL LL J J==.JLL K K (n UjI NN W -', ,'± �.�Fp•.f,. g S g g g$ g 8 8 3$ S S o 8 Q$Q QgQ d0c ddl* Z jJJ¢>J 0 J J J x x JLL m J m m W U 0 U Q Ix R&$$Ra8ogS8gm88 oo � g$88&888 kPn�a I mK IL jY>Z Z Z 99 O D U U i it J a LL Ii J J== KKmQ J LL }mY Ol J Yq m m W 8m888888 88g888 Q�oga$Q8 8 pF NKILLH J JU YYLLKIiLLYmY>a; O O O J J J LL J 6.�i U D U U Q J== UJ N W � a `'. f' � °•1 � � tom+ •5:i •X r'^, l3 '..3' . � y,� tg $ $g ti'.,. .. :W� .. ....Ein, yt: W W LL.c Y U Y Y . Z Z� 0 0 Z�� 0 LL LL LL rc rc =JLL vi ¢. Y U1 m J dd.,e W k' rah": J a o f rc `... z 3 2 CD i Z O O t_ w p w p . w Z U r z W K W W �X ¢¢ p V Yw w LL rc CD O r 0 w g U(9 Z Owz Z O¢ LLQ� a � Z� ¢ w �gLLFJ w p z oz z 0 °0-O~¢ J O¢ z 0 00ww¢ p Z U CD N k¢F¢cc a O K p F w w~ K C pz¢OOm¢,a U¢ K Q. J mp��0 f •;:',.' pZC9 a =OoF wwz¢Oap�z wp LL zLLODO ¢LL LLOF ZNo N ' S Z Z¢ Q Y Y w z O U U W LL Z (7 w z m w r E O r Q U z D g F w= O 0 a i a m LL o w r Q z w x w U 2 K N U Z U O x O U - oJwoz 2 U K J w O�onoo_ww¢S��ooaw�w O D U¢� O J m In m a LL 00 LL 0 w 0 n7 o_ :��: _ •�I•. „Il ,dim I '_j-1 Pl�i-I•i^I -i .!el_ �n _ �Iml_. i oI�'.I��IgI� I I I•' �i W ��OG •r�'�'Jti< QiREs 3 0=Oybi>' °goo • o�� Ns 125 BID PROPOSAL FOR SOUTH PASS ROAD STRUCTURAL SLOPE REPAIR CRP No. 909011 FEDERAL AID NO.: ER-0902(405) Date March 6, 2012 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the contract documents entitled: "SOUTH PASS ROAD STRUCTURAL SLOPE REPAIR, CRP No. 909011," Whatcom County, Washington, including the "Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," "Construction Plans," and "Appendix," governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said contract documents. The Undersigned certifies that it is not currently disqualified from bidding on any public works contract under RCW 39.06.010 or RCW 39.12.065(3). South Pass Road Structural Slope Repair, CRP 909011 I-9 126 NON -COLLUSION DECLARATION SOUTH PASS ROAD STRUCTURAL SLOPE REPAIR CRP No. 909011 FEDERAL AID NO.: ER-0902(405) I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: That the undersigned person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toil free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. South Pass Road Structural Slope Repair, CRP 909011 I-10 127 BIDDER IDENTIFICATION The name of the Bidder submitting this proposal, the address and communications concerned with this proposal shall be made, and assigned indicating the Bidder is licensed to do business in the follows: Firm Name: T -11yraX Address: 1, Y Telephone: XC? "—FC-1 7 phone number to which all the number which has been State of Washington are as Contractor's WA Registration Number: Mi► W 17k���. Contractor's WA UBI Number: )q`' S� Contractor's WA Employment Security Department Number: Contractor's WA Excise Tax Registration Number: _ (�jl 7V j The Firm submitting this proposal is a: Sole Proprietorship Partnership Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. South Pass Road Structural Slope Repair, CRP 909011 128 BID PROPOSAL SIGNATURE AND ADDENDUM ACKNOWLEDGMENT The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions for this project. CASH ❑ CASHIER'S CHECK ❑ CERTIFIED CHECK ❑ IN THE AMOUNT OF DOLLARS (S PAYABLE TO WHATCOM COUNTY PROPOSAL BOND V, IN THE AMOUNT OF 5% OF THE BID Receipt is hereby acknowledged by addendum(s) No.(s) & SIGNATURE OF AUTiq ED OFFICIAL(S) (PROPOSAL MUST BE SIGNED) (Seal) FIRM NAME: �► ma uSC �1n�SfrbGili�i7 =TA"jq STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) On this Ut day of Marc-V� , 2012, before me personally appeared r in and who executed the thereof NOTARY t PUBLIC 9-1-2012 '9OF WASN��G to me personally known to be the person described and who acknowledged to me the act of signing J 0 d ROTARY PUBLIC, in and for the State of Washington, residing at: My Commission Expires: OR Qt- @.GI This proposal form is not tr and any alteration of the firm's name entered hereon without prior permission from Whatcom County will be cause for considering the proposal irregular and for subsequent rejection of the bid. South Pass Road Structural Slope Repair, CRP 909011 I-12 129 D3/02/2012 FRI 12:31 FAX 360 738 4553 0002/002 SOUTH PASS ROAD STRUCTURAL SLOPE REPAIR BID PROPOSAL SCHEDULE CRP NO.909011 Bidder's Name ��lCll �� ��inSfP�"��iJ'l�nrcv�1 Note: Prices for all items, all extensions, and the total amount bid must be shown. The project must be bid in its entirety, including all bid items as specifically listed in the Proposal, in order to be considered a responsive bid. Where conliiet occurs between the unit price and the total amount bid for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. All entries must be typed or entered in ink. The estimated quantities shown are intended to provide a common proposal for all bidders. REM NO. DESCRIPTION OF ITEM ESTIMATED QUANTITY UNIT UNIT PRICE BID ITEM TOTAL AMOUNT �4b/� 1. Mobilization 1 L.S. 2. Clearing and Grubbing 0A ACRE 3_ Removing Guardrail 224 L.F. 4" Roadway Excavation Incl. Haul $� C. C � Cr ID 5. Unsuitable Foundations 100 C.Y. Excavation Incl. Haul L� 6 Embankment Compaction 90 C.Y. 7. Quarry Spa [Is 220 TON CC j i rrs� 8 Crushed Surfacing Top Course 1100 TON 9 Commerical HMA — Roadway 130 TON 10. Asphalt Cost Price EST. DOL. $1,000 $1,000 Adjustment 11. Job Mix Compliance 1 CALC. CALC. $0.00 12 Compaction Price 1 CALC. CALC. $0.00 Adjustment 13, Silt Fence 225 L.F. ICJ % 7M I-14 (Addendum No. 1) 130 SOUTH PASS ROAD STRUCTURAL SLOPE REPAIR BID PROPOSAL SCHEDULE CRP NO.909011 7 ITEM NO. DESCRIPTION OF ITEM ESTIMATED QUANTITY UNIT UNIT PRICE BID ITEM TOTAL AMOUNT 14' Mulch ng Fertilizing, and 0.1 ACRE 15. Beam Guardrail Type 31 _ 11 R. Long Post 224 L.F. 16. Paint Line 600 L.F. b 1� 17. Flaggers and Spotters 300 H.R. act 18 Other Traffic Control Labor 120 H.R. 19 Other Temporary Traffic Control 1 L.S. 20. Force Account EST. DOL. $10,000 $10,000 21. Unanticipated Site Work I Construction Geotextile IT For Ditch Lining ` 210 i S.Y. II� 22. SPCC Plan 1 L.S. i 23. I Geomembrane 360 S.Y. 24 Structural Soil Reinforcement Geogrid,�, 1720 S.Y. 25. Decommission Monitoring Well 3 E.A. S��� / 4691✓ TOTAL BID AMOUNT s t-15 131 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-144 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: TH 12/16/11 Originator: mED V E D APR 0 3 2012 4/10/12 Finance Division Head: AN 2/29/12 4/10/12 Council Dept. Head: Prosecutor: WHATCOM COUNTY COUNCIL Purchasin ud et: 3 17, Executive: ./ TITLE OF DOC Contract with Pubhc ospital District 304 dba United General Hospital — Community Transformation ATTACHMENTS: 1. Memo to Exec 2. Contract Information Sheet 3. 2 Originals SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) New contract between Public Hospital District 304 dba United General Hospital and Whatcom County to implement the Community Transformation project. 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. 132 WHATCOM COUNTY CONTRACT INFORMATION SHEET "atcom County Contract No. —?-O r.7-a<3oa-)— Ori ' atin Department: Health Contract Administrator: Astrid Newell Contractor's / Agency Name: Public Hospital District 304 dba United General Hospital Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes x No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes x No If yes, grantor agency contract number(s) C16907 CFDA number _93.531 Is this contract grant funded? Yes x No If yes, associated Whatcom County grant contract number(s) in process Is this contract the result of a RFP or Bid process? Exempt, interlocal Contract Yes _ No x If yes, RFP and Bid number(s) Cost Center: _677530 Is this contract excluded from E-Verify? No Yes _x_ If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: _ Contract less than $100,000. _ Professional services agreement for certified/licensed professional Work is for less than 120 days _ Contract for Commercial off the shelf items (COTS) x Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount:(sum of orig contract amt and 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 $ 64,207 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10,000, whichever is greater, must also go to Council and will need an $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize, • expand space as necessary] In October 2011, the Washington State Department of Health (DOH) was awarded a five year federal Community Transformation Grant (CTG). The goal of this grant is to reduce obesity, tobacco use and associated chronic health conditions in Washington state. Eleven counties were selected as high priority counties for intervention, based on 'demographics and chronic disease risk factors. The state has created a regional model for implementation of this grant. Funds are allocated to 5 regional Hubs, that in turn work with other priority counties in their region. Whatcom County Health Department was selected by our region to serve as the Hub for the Northwest Healthy Communities Region (Kitsap, Skagit, and Whatcom . Term of Contract: l/l/l2 — 9/30/12 Expiration Date: 9/30/16 (final extension exp. date — sec 10.2) Contract Routine Stens & Sienoff: fsien or initial.l (indicate date transmitted 1. Prepared by: th Date_01/05/12 [electronic] 2. Attorney reviewed: rjw Date 3/ 3/1 [electronic] 3. AS Finance reviewed: Date O [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy 6. Attorney signoff: _ Date 3 -3d -1A 7. Contractor signed: Date S. Submitted to Exec Office Date,? 3o l —.x[summary via electronic; 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 printed hardcopies] 133 WHATCOM COUNTY Health Department MEMORANDUM Regina Delahunt Director RECEIVED MAR 3 0 2012 TO: Jack Louws, County Executive JACK LOUWS 040 FROM: Regina A. Delahunt, Director COUNTY EXECUTIVE RE: Public Hospital District 304 dba United General Hospital — Community Transformation DATE: March 29, 2012 Enclosed are two (2) originals of a new contract between Public Hospital District 304 dba United General Hospital and Whatcom County for your review and signature. ■ Background and Purpose In October 2011, the Washington State Department of Health (DOH) was awarded a five year federal Community Transformation Grant (CTG). The goal of this grant is to reduce obesity, tobacco use and associated chronic health conditions in Washington state. Eleven counties were selected as high priority counties for intervention, based on demographics and chronic disease risk factors. The state has created a regional model for implementation of this grant. Funds are allocated to 5 regional Hubs, that in turn work with other priority counties in their region. Whatcom County Health Department was selected by our region to serve as the Hub for the Northwest Healthy Communities Region (Kitsap, Skagit, and Whatcom). This contract provides funding to United General Hospital for completion of work in Skagit County related to chronic disease prevention as required by the grant. ■ Funding Amount and Source The agreement is funded by a federal grant received from the Washington State Department of Health. The start date for this grant funded project is January 1 therefore the start date of this contract has been established as of that date, regardless of the time of signing. The contract amount is $64,207. Council approval is required and an agenda bill is attached. ■ Differences from Previous Contract This is a new contract. Please contact Astrid Newell at extension 50802, if you have any questions or concerns regarding the terms of this agreement. Encl. 134 COUNTY ORIGINAL Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT Public Hospital District 304 dba United General Hospital — Community Transformation Public Hospital District 304 dba United General Hospital, hereinafter called United, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions Exhibit A (Scope of Work) Exhibit B (Compensation) Exhibit C (Certificate of Insurance) Exhibit D Statement of Work, Deliverables, and Due Dates Exhibit E Sub -Recipient Agreement Exhibit F Required Assurances From Washington State Department of Health Contract # C16907 Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1st day of January , 2012, regardless of the time of signing and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30th day of September 2012. The general purpose or objective of this Agreement is to: implement the Community Transformation Grant program, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 64,207. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of 12012. Skagit/United General CTG Contract-011212 1 of 27 135 Whatcom County Program Approval Astrid Newell, Community Health Manager /Date Regina tahunt, Director/Date WHATCOM COUNTY JACK LOUWS County Executive STATE OF WASHINGTON COUNTY OF WHATCOM On this day of , 2012, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. APPROVED AS TO FORM: --2 - "Prosecuting Skagit/United General CTG Contract-011212 NOTARY PUBLIC in and for the State of Washington, residing at Bellingham. My Commission expires: ,�--3C,-1 Z Date 2 of 27 136 Public Hospital District 304 dba United General Hospital Program Approval IV /Date Public Hospital District 304 dba United General Hospital STATE OF WASHINGTON COUNTY OF Skagit ) G�eEU On this of R RC 12012, before me personally appeared 'F? to me known to be and who executed the above instrument and who acknowledged to me the act of signing and sealing LA"U Q• - o:9i NOTARY PUBLIC in and for �+ the State of Washington, y�j' r • ®_ residing at A k.) A i OR "S; U A • �``` My Commission expires: reb a 9016 APPROVED AS TO FORM: Attorney for Public Hospital District 304 dba United General Hospital Date Skagit/United General CTG Contract-011212 3 of 27 137 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services_ The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than five years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by 'depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, Skagit/United General CTG Contract-011212 4 of 27 138 the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B.". 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative,Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23A Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all Ska ,it/United General CTG Contract-011212 5 of 27 139 income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State'or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance is attached hereto as Exhibit V. Skagit/United General CTG Contract-011212 6 of 27 140 34.2 Industrial Insurance Waiver. With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnify Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. Skagit/United General CTG Contract— Ol 1212 7 of 27 141 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Astrid Newell Community Health Manager 1500 North State Street Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Reaardina Federal Debarment. Suspension. Ineliaibilitv and Voluntary Exclusion - Lower Tier Covered Transactions: The Contractor further certifies, by executing this contract, that neither it nor its principles is presently debarred, suspended, proposd for debarment, delcared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" is available to research this information at hftp:l/epls.arnetgov/. 38.3 E-Veri : Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments. Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and Skagit(United General CTG Contract-011212 8 of 27 142 agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44A Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Skagit(United General CTG Contract--011212 9 of 27 143 EXMBIT "A" (SCOPE OF WORK) Background In October 2011, the Washington State Department of Health (DOH) was awarded a five year federal Community Transformation Grant (CTG). The goal of this grant is to reduce obesity, tobacco use and associated chronic health conditions in Washington state. Eleven counties were selected as high priority counties for intervention, based on demographics and chronic disease risk factors. The state has created a regional model for implementation of this grant. Funds are allocated to 5 regional Hubs, that in turn work with other priority counties in their region. Whatcom County Health Department (Whatcom) was selected by our region to serve as the Healthy Communities Hub for the Northwest Region (Kitsap, Skagit, and Whatcom). Scone of Work This statement of work is governed by Whatcom's contract with DOH for CTG services and will be subject to change if Whatcom's contract with DOH changes. Any changes occurring due to a contract amendment with DOH will be communicated to United without a further amendment to this agreement unless the change results in alteration of the reimbursement amount of this agreement. Use of funds must align with the finalized Department of Health Community Transformation Grant statewide implementation plan and supportive of local, regional, or state -level policy, environment, programmatic, and infrastructure changes. United will: • Designate at least 0.5 FTE local CTG coordinator (may be split among staff). • Designate a 3 person Skagit CTG Leadership Team, including a United administrator or program manager, local CTG coordinator and Skagit County Health Department administrator. • Develop and implement a local CTG action plan, as required by DOH. • Develop and submit a detailed CTG budget plan to Whatcom for review and approval_ • Identify and facilitate participation of local organizations/individuals in a Regional CTG Coalition. • Participate in all required conference calls and trainings. • Maintain accurate records of staff time dedicated to CTG activities. • Meet deliverables in Exhibit D, Statement of Work, Deliverables, and Due Dates To Meet Washington State Department of Health CTG Requirements. Promm Requirements United will use all allocated funds so that use aligns with the finalized DOH CTG statewide implementation plan. United will perform all work necessary within the limits of the available resources from this agreement to implement the strategies, action steps, and deliverables agreed to with regional partners and approved by DOH. Compliance Reauirements United will comply with all applicable Federal and State requirements that govem this agreement. The following exhibits include additional contract requirements. Exhibit E, Subrecipient Agreement Exhibit F, Required Assurances From Washington State Department of Health Contract # C16907 Skagit/United General CTG Contract-011212 10 of 27 144 EXHIBIT "B" (COMPENSATION) Budeet and Source of Funding The source of funding for this agreement is a Community Transformation Grant from Washington State Department of Health, CFDA# 93.531. United will be reimbursed for costs associated with meeting the requirements established in "Statement of Work" above. The start date for this grant funded project is January 1, 2012 therefore the start date of this contract has been established as of that date, regardless of the time of signing. The budget for this program is as follows: Direct Program Costs $55,832 Indirect Program Costs $8,375 Total Contract Amount W,207. Invoicing 1. Eligible program costs include direct program costs identified in Whatcom's contract with DOH and an indirect reimbursement that does not exceed 15% of the total Contract amount. All reimbursed costs must be allowable as defined in OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments. 2. United shall submit itemized invoices on a monthly basis in a format approved by Whatcom. Invoices submitted for payment must include sufficient documentation to prove the validity of all costs claimed. In the event there is a conflict within this agreement in regards to the payment of invoices, Exhibit B controls this section. A general ledger report of costs claimed toward this project will be sufficient for invoicing this agreement. Whatcom reserves the right to request further back-up documentation for any costs claimed for reimbursement. Indirect Costs: With the first invoice claiming indirect costs United will submit a copy of their Cost Allocation Agreement. The rate or rates specified in the agreement will be established following applicable Federal cost principles. The indirect rate used for this contract will not exceed the rate specified in the submitted Cost Allocation Agreement. 3. United shall submit invoices to (include PO #): Attention: Business Office Whatcom County Health Department 509 Girard Street Bellingham, WA 98225 4. Payment by the County will be considered timely if it is made within 30 days of the receipt and acceptance of billing information from Contractor. The County may withhold payment of an invoice if the Contractor submits it more than 30 days after the expiration of this contract. 5. Invoices must include the following statement, with an authorized signature and date: I certify that the materials have been furnished, the services rendered, or the labor performed as described on this invoice. Skagit/United General CTG Contract-011212 11 of 27 145 6. Duplication of Billed Costs or Payments for Service: United shall not bill Whatcom for services performed or provided under this contract, and Whatcom shall not pay United, if United has been or will be paid by any other source, including grants, for those costs used to perform or provide the services in this contract. United is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. Skagit/United General CTG Contract-011212 12 of 27 146 Exhibit C Certificate of Insurance Skagit/United General CTG Contract-011212 13 of 27 147 A� vP CERTIFICATE OF LIABILITY INSURANCE DA��„ ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Parker, Smith & Feek, Inc. 2233 112th Avenue NEE CONTACT NAME: PHONE Fax 425 709 3600 No:425-709 7460 -MAIL ADDRESS: Bellevue, WA 98004 PRODUCER CUSTOMER 10 X, INSURER(S) AFFORDING COVERAGE NAICR INSURED United General Hospital INSURERA: Washington Casualtyr Company 2000 Hospital Drive INSURER B Sedro Woolley, WA 98284 INSURERC: INSURER D : INSURER E . INSURER F . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LwVD NSR TYPE OF INSURANCE ADDL POLICY NUMBER MPOL.ICY EFF MPOLICY EXP LIMITS A GENERALUAB"AY 13830 1/1/2012 1/1/2013 EACH OCCURRENCE $ 1,000,000 PREMISES Ea ocwurence S1:1 MERCIAL GENERAL LIABILITY J�xr'WCLAIMSMADE OCCUR MED EXP (Arty one person) $ 5000 PERSONAL & ADV INJURY $ Included GENERAL AGGREGATE $ 5,000,000 GEML AGGREGATE LIMY APPLIES PER: PRODUCTS - COMPIOP AGG E W $ X POLICY SPENTLOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMB (Ea acodent) $ BODILY INJURY (Per person) $ ALLOWNEDAUTOS BODILY INJURY(Per &=dent) $ SCHEDULED AUTOS HIREDAUTOS PROPERTY PerE E $ NON-0WNEDAUiOS E A UMBRELLALwe 138M 1/1/2012 1/1/2013 EACH OCCURRENCE $ 9,ODO,000 HOCCUR AGGREGATE $ 9,000,000 X EXC�L� CLAIMS -MADE DEDUCTIBLE $ $ X RETENTION $ None WORKERS COMPENSATION WC STATI! OTH- AND EMPLOYERS LIABILITYYU ANYCFFICPROPERIMREMBMEBMR/PARTERIXNCLUEIED.DECUTIVE Y! N F—] NIA EL EACH ACCIDENT $ EL DISEASE - EA EMPLOY $ Isp IMandabory In ►�{) If yes. desadre radar EL DISEASE - POLICY LIMIT 1 $ A Professional Liability 171171 13830 1/1/2012 III=;1q$1,000,000 Each Claim/$5,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Adddlonal Ramada Schedule, If mac space is required) For Exhibit of Insurance purposes only. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXIWTION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. EXHIBIT OF INSURANCE AUTHOW]EDREPRESENTAVVE M 01988- 2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 1 of 1 UNIT ENE (MKS01) Exhibit D Statement of Work, Deliverables, and Due Dates to Meet Washington State Department of Health CTG Requirements Task Task/Activity/Description Deliverables/ Due Date/Time Frame Number Outcomes IA Administration Written and verbal February 29, 2012 feedback on Communications: Northwest Healthy Participate and contribute to the Communities Regional development of a communication plan Communication Plan for the Northwest Healthy Communities Region that includes working with local media and other stakeholders to keep the counties within the region informed of local Community Transformation Grant efforts. 2A Trainings, Meetings, and Conference Attendance by Skagit September 30, 2012 Calls CTG Leadership Team at four (4) Participation of a minimum of three (3) required Department Skagit CTG Leadership Team members of Health scheduled in all of the following Department of trainings Health -sponsored trainings is required. Substitutions allowed. 1. Shaping Policy for Health Domain 1: Define and Communicate Public Health Problems 2. Shaping Policy for Health Domain 2: Applying Policy Analysis Techniques to Public Health Problems 3. Shaping Policy for Health Domain 3: Influencing Change Through Advocacy 4. Using the Policy Development Tracking Tool If a leadership team member has attended any of these trainings previously, documentation must be provided prior to training dates. Regional partners may also attend trainings. 3A Meetings, and Conference Calls Attendance of Skagit September 30, 2012 CTG Leadership team 1. Participation and attendance of or selected staff at Skagit CTG Leadership Team or regional conference selected United staff is required at calls and in -person Skagit/United General CTG Contract-0 11212 14 of 27 149 Exhibit D Statement of Work, Deliverables, and Due Dates to Meet Washington State Department of Health CTG Requirements Task Task/Activity/Description Deliverables/ Due Date/Time Frame Number Outcomes periodic Northwest Healthy meetings. Communities regional conference calls (approximately biweekly) and Attendance of Skagit in -person meetings scheduled at CTG Leadership mutually agreeable times. Team at required Department of Health 2. Participation of Skagit CTG scheduled conference Leadership Team members is calls and in -person required in periodic Department of meetings as Health convened in -person meetings requested_ and conference calls if requested. Substitutions allowed. The purpose of calls and meetings will be to collaboratively review and revise Community Transformation Grant implementation plans, identify process to launch the Healthy Communities Hubs, facilitate peer exchange, strategize action plans and request and receive technical assistance. 4A Develop and submit Skagit CTG Budget submitted January 15, 2012 program budget outlining expected staff and program costs for review and approval 1B Regional Coalition Plan for engagement September 30, 2012 of Skagit County Participate with Whatcom and other partners in Regional priority counties in the Northwest Coalition Healthy Communities Region in the development and implementation of a List of potential regional coalition that includes diverse, partners in Skagit multi -sector representation from each County and county in the region, and has the documentation of capacity to influence the political outreach to these environment for ensuring the adoption of partners for policy, environmental, programmatic participation in and infrastructure changes related to Regional Coalition area -wide strategic directions. Attendance of Skagit The Regional Coalition must include a CTG staff and local representative from each Community partners at Regional Transformation Grant priority county: Coalition meeting(s) Kitsap, Skagit and Whatcom as well as local tribes, YMCA's, housing authorities, and organizations within the region whose programs and policies align with local culture and are effective Skagit/United General CTG Contract-011212 15 of 27 150 Exhibit D Statement of Work, Deliverables, and Due Dates to Meet Washington State Department of Health CTG Requirements Task Task/Activity/Description Deliverables/ Due Date/Time Frame Number Outcomes in addressing the health issues of greatest importance. Such organizations will include but are not limited to transportation, health, environment, labor, education, and planning. Develop a plan to engage community members who reside in Skagit County and surrounding areas to participate in the Regional Coalition, focusing on people who have policy influence as well as those who represent rural or other applicable subgroups experiencing health disparities. Members of the Skagit CTG Leadership Team attend Regional Coalition meetings as scheduled. 1 C Board of Health Meetings Submitted at least September 30, 2012 four (4) times per Engage Skagit County Board of Health year: minutes from in discussions concerning regional and meetings, or county plans and achievements. summaries of At least once per year, Whatcom County discussions, or Health Department Director or designee reports, or in partnership with Skagit CTG presentations that Leadership Team meets with Skagit represent time spent County Board of Health to discuss with Skagit County regional plans and achievements. Board of Health wherein discussion of regional and county plans and actions occurred 1D Implementation of Action Plan Draft and final action Draft plan due: January 6, 2012 plans Create and implement a local action plan Final plan due: January 27, to achieve at least one (1) policy, 2012 environment, programmatic, and infrastructure change from strategic directions designated by Department of Health for each of the categories of Tobacco -Free Living, Healthy Eating, and Active Living, for a total of three (3) strategic directions for Skagit (Refer to Local and Regional Strategies Listl. Skagit/United General CTG Contract-011212 16 of 27 151 Exhibit D Statement of Work, Deliverables, and Due Dates to Meet Washington State Department of Health CTG Requirements Task Task/Activity/Description Deliverables/ Due Date/Time Frame Number Outcomes Implementation plans must include appropriate strategies for overcoming health disparities. 2D At least quarterly, provide information to Quarterly report of March 28, 2012 Whatcom on progress accomplishing progress policy, environment, programmatic, and accomplishing policy, June 28, 2012 infrastructure changes and associated environment, September 28, 2012 interventions that can be shared and programmatic, and disseminated by Department of Health. infrastructure changes and associated Tracking tools to be determined by DOH interventions but may include Catalyst and Policy Development Tracking Tool 3D Establish Linkases Report of facilitation September 28, 2012 to support statewide Facilitate local linkages in Skagit County initiatives to create for Department of Health and health homes and Washington Association of Community health teams and Migrant Health Centers and other organizations serving as Safety Net Clinics to support statewide initiatives to create health homes and health teams in alignment with state and national health reform initiatives. 4D Establish Linkases Report of facilitation September 28, 2012 to increase smoke - Facilitate local linkages in Skagit County free multi -unit for Comprehensive Health Education housing b Foundation to increase smoke -free multi- unit housing. Tracking tools to be determined by DOH but may include Catalyst and Policy Development Tracking Tool 5D Establish Linkases Documentation of March 28, 2012 feedback (meeting Provide feedback to Whatcom on a plan notes, emails) to engage all counties within region in an effort to support state-wide, regional, and local policy work for the Community Transformation Grant. Skagit/United General CTG Contract-011212 17 of 27 152 Exhibit D Statement of Work, Deliverables, and Due Dates to Meet Washington State Department of Health CTG Requirements Task Task/Activity/Description Deliverables/ Due Date/Time Frame Number Outcomes lE Performance Monitoring and Documentation of September 30, 2012 Evaluation participation in required assessment Participate in CTG assessment and and evaluation evaluation activities for Skagit County as activities required by Department of Health. Whatcom will provide guidance regarding required DOH assessment activities as information becomes available. 2E Support, coordinate, and conduct (if Data submissions as As designated by Department necessary) local data collection that is mutually agreed upon of Health identified and prioritized for evaluation with Whatcom and of Community Transformation Grant Department of Health activities in collaboration with Whatcom and Department of Health. 3E On a monthly basis, report work Catalyst reports Monthly as designated by activities and outcomes in Catalyst as Department of Health directed by Department of Health. (or submission of information to Department of Health may request that Whatcom for entry Whatcom compile all information and into Catalyst) enter activities and outcomes as a region into Catalyst. 4E On a quarterly basis, complete and Policy Development March 28, 2012 submit to Whatcom progress reports Tracking Tool reports using the Policy Development Tracking June 28, 2012 Tool. September 28, 2012 5E Participate with Whatcom and Documents resulting As designated by Department Department of Health in the from collaboration of Health development and distribution of unique efforts with dissemination documents for Department of Health stakeholders based on performance monitoring data, health assessment data, and other program -related information, including results of pre- and post - intervention data collection efforts. Skagit/United General CTG Contract-011212 18 of 27 153 EXHIBIT "E" SUB -RECIPIENT AGREEMENT BETWEEN WHATCOM COUNTY AND Public Hospital District 304 dba United General Hospital THIS SUB -RECIPIENT AGREEMENT is made and entered into by and between Whatcom County, herein after referred to as the "County", and Public Hospital District 304 dba United General Hospital, herein after referred to as the "Agency." This is a subbgrant of a Health and Human Services Affordable Care Act Community Transformation Grant, CFDA number 93.531. The term of the Federal funding is 10/1/11 through 9/30/12. The purpose of this subaward is as stated in this agreement. The Agency agrees to comply with the following General Terms and Conditions and to incorporate the terms and conditions included herein in any and all subcontracting agreements entered into pursuant to this agreement. GENERAL TERMS AND CONDITIONS 1. Administrative Requirements: The Agency shall comply with all requirements within OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments or OMB Circular A-122, Cost Principles for Non -Profit Organizations; OMB Circular A-102, Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments or OMB Circular A-110, Administrative Requirements for Non -Profit Organizations; and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, as are applicable. The Agency shall comply with all federal and state laws and regulations, including all non- discrimination laws, but not limited to, Title VII of the Civil Rights Act, 42 USC 12101 et seq.; the Americans with Disabilities Act (ADA); and Chapter 49.60 RCW. 2. Single Audit Reporting: Non-federal entities receiving financial assistance of $500,000 or more in federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. Circular A-133 is available on the OMB Home Page at http://www.omb.gov. If this is applicable, the Agency has the responsibility of notifying the State Auditor's Office and requesting an audit. Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in OMB Circular A-133. The Agency shall maintain records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Agency shall include the above audit requirements in any subcontracts. The Agency is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Agency must respond to County's requests for information or corrective action concerning audit issues within 30 days of the date of request. The County reserves the right to recover from the Agency all disallowed costs resulting from the audit. Once the single audit has been completed, the Agency must send a full copy of the audit to the County and a letter stating there were no findings or, if there were findings, a list of the findings. Skagit/United General CTG Contract-011212 19 of 27 154 3. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower -Tier Covered Transactions: The Agency certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The Agency fiirther agrees that it shall not knowingly enter into any lower -tier covered transactions (a transaction between the Agency and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Agency agrees to include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transaction" without modification, in all lower -tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non - procurement Programs" is available to research this information at htti)://www.ei)ls.,gov/. Skagit/United General CTG Contract-011212 20 of 27 155 Exhibit F Required Assurances From Washington State Department of Health Contract # C16907 STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES Following are the Assurances, Certifications, and Special Conditions that apply to all federally funded (in whole or in part) agreements administered by the Washington State Department of Health. CERTIFICATIONS 1. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION The undersigned (authorized official signing for the contracting organization) certifies to the best of his or her knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; b) have not within a 3-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and d) have not within a 3-year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default. Should the contractor not be able to provide this certification, an explanation as to why should be placed after the assurances page in the contract. Skagit/United General CTG Contract-011212 The contractor agrees by signing this contract that it will include, without modification, the clause titled "Certification Regarding Debarment, Suspension, In eligibility, and Voluntary Exclusion --Lower Tier Covered Transactions" in all lower tier covered transactions (i.e., transactions with sub- grantees and/or contractors) and in all solicitations for lower tier covered transactions in accordance with 45 CFR Part 76. 2. CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS The undersigned (authorized official signing for the contracting organization) certifies that the contractor will, or will continue to, provide a drug -free workplace in accordance with 45 CFR Part 76 by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b) Establishing an ongoing drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by paragraph (a) above; d) Notifying the employee in the statement required by paragraph (a), above, that, as a 21 of 27 156 condition of employment under the contract, the employee will— (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e) Notifying the agency in writing within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every contract officer or other designee on whose contract activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d) (2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). For purposes of paragraph (e) regarding agency notification of criminal drug convictions, DOH Skagit/United General CTG Contract— 011212 has designated the following central point for receipt of such notices: Compliance and Internal Control Officer Office of Grants Management WA State Department of Health PO Box 47905 Olympia, WA 98504-7905 3. CERTIFICATION REGARDING LOBBYING Title 31, United States Code, Section 1352, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions," generally prohibits recipients of Federal grants and cooperative agreements from using Federal (appropriated) funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a SPECIFIC grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with non -Federal (nonappropriated) funds. These requirements apply to grants and cooperative agreements EXCEEDING $100,000 in total costs (45 CFR Part 93). The undersigned (authorized official signing for the contracting organization) certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or 22 of 27 157 employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (If needed, Standard Form- LLL, "Disclosure of Lobbying Activities," its instructions, and continuation sheet are included at the end of this application form.) (3) The undersigned shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including subcontracts, subcontracts, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. -this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, U.S. Code: Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 4. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT (PFCRA) The undersigned (authorized official signing for the contracting organization) certifies that the statements herein are true, complete, and accurate to the best of his or her knowledge, and that he or she is aware that any false, fictitious, or fraudulent statements or claims may subject him or her to criminal, civil, or administrative penalties. The undersigned agrees that the contracting organization will comply with the Public Health Service terms and conditions of award if a contract is awarded. 5. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE Skagit/United General CTG Contract-011212 Public Law 103-227, also known as the Pro - Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds. The law does not apply to children's services provided in private residence, portions of facilities used for inpatient drug or alcohol treatment, service providers whose sole source of applicable Federal funds is Medicare or Medicaid, or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to S 1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. By signing the certification, the undersigned certifies that the contracting organization will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. The contracting organization agrees that it will require that the language of this certification be included in any subcontracts which contain provisions for children's services and that all subrecipients shall certify accordingly. The Public Health Services strongly encourages all recipients to provide a smoke -free workplace and promote the non-use of tobacco products. This is consistent with the PHS mission to protect and advance the physical and mental health of the American people. 6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS INSTRUCTIONS FOR CERTIFICATION 1) By signing and submitting this proposal, the prospective contractor is providing the certification set out below. 2) The inability of a person to provide the certification required below will not 23 of 27 158 3) 4) 5) 6) 7) necessarily result in denial of participation in this covered transaction. The prospective contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. The prospective contractor shall provide immediate written notice to the department or agency to whom this contract is submitted if at any time the prospective contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to whom this contract is submitted for assistance in obtaining a copy of those regulations. The prospective contractor agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DOH. The prospective contractor further agrees by submitting this contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," provided by HHS, without modification, in all lower tier covered Skagit/United General CTG Contract-0 112 12 transactions and in all solicitations for lower tier covered transactions. 8) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (of excluded parties). 9) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10) Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, DOH may terminate this transaction for cause or default. 7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS 1) The prospective contractor certifies to the best of its knowledge and belief, that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or 24 of 27 159 performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d) Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default. 2) Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this proposal. ___1 CONTRACTOR SIGNATURE REQUIRED SIGNATURE OF A ORIZE E OFFICIAL TITLE C E o, Please also print or e n e: ,eE-g FEED ORGANIZATION NAME: (if applicable) vni }ed Q-cn tv �,i Ftosp4 >L DATE �f 0 l2- Skagit/United General CTG Contract-011212 25 of 27 160 ASSUR-.VCES - NQN CONSTRUCTIONPROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the contractor, I certify that the contractor: Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 334728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) .Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C..1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of Skagit/United General CTG Contract-011212 the Rehabilitation Act of 1973, as amended (29 U.S-C. 3794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 33 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (t) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism, (g) 33 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 33 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIlI of the Civil Rights Act of 1968 (42 U.S.C. 3 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles 11 and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C..1501-1508 and 7324-7328) which limit the political activities of employees whose principal 26 of 27 161 employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 33276a to 276a-7), the Copeland Act (40 U.S.C. 3276c and 18 U.S.C. 33874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 33 327-333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,060 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C..1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C..7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93- 205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C_.1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. _470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C..469a-1 et seq_). 14_ Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C..2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C..4801 et seq.) which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No_ A-133, Audits of States, Local Governments, and Non -Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 06WTR4CW0R .SIGNATURE REQUIRED SIGNATURE OF AUTH ED C TIF � G FICIAL TITLE L�U Please also print or e: CiRE-C, ZEOD ORGANIZATION NAME: (if applicable) Nose,+ 1 DATE Skagit/United General CTG Contract-011212 27 of 27 162 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-145 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: TH 12/16/11 fps 2 U Lam. (CE � � E © 4/ 10/ 12 Finance AN 2/29/I2 4/ 10/ 12 Council Division Head: APR 0 3 2012 Dept. Head: At 2,1-pj 2 Prosecutor: IL ► WHATCOM COUNTY , Purchasing/Budget: 3 j iz COUNCIL _3 —1 Executive: J TITLE OF DOC . Contract with Kitsap Public Health District — Community Transformation ATTACHMENTS: Memo Contract Information Sheet 2 Originals SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) New contract between Kitsap Public Health District and Whatcom County to implement the Community Transformation project. 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. 163 WHATCOM COUNTY CONTRACT INFORMATION SHEET "atcom County Contract No. ab/.2.03o-./ Originating Department: Health Contract Administrator: Astrid Newell Contractor's / Agency Name: Kitsap Public Health District Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes x No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes x No If yes, grantor agency contract number(s) C 16907 CFDA number 93.531 Is this contract grant funded? Yes x No If yes, associated Whatcom County grant contract number(s) in process Is this contract the result of a RFP or Bid process? Exempt, interlocal Contract Yes _ No X If yes, RFP and Bid number(s) Cost Center: _677530 Is this contract excluded from E-Verify? No Yes _x_ If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: Contract less than $100,000. _ Professional services agreement for certified/licensed professional Work is for less than 120 days Contract for Commercial off the shelf items (COTS) X Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount:(sum of orig contract amt and 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 $ 95,401 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10,000, whichever is greater, must also go to Council and will need an $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] In October 2011, the Washington State Department of Health (DOH) was awarded a five year federal Community Transformation Grant (CTG). The goal of this grant is to reduce obesity, tobacco use and associated chronic health conditions in Washington state. Eleven counties were selected as high priority counties for intervention, based on demographics and chronic disease risk factors. The state has created a regional model for implementation of this grant. Funds are allocated to 5 regional Hubs, that in turn work with other priority counties in their region. Whatcom County Health Department was selected by our region to serve as the Hub for the Northwest Healthy Communities Region (Kitsap, Skagit, and Whatcom). Term of Contract: 1/1/12 — 9/30/12 Expiration Date: 9/30/16 (final extension exp. date — sec 10.2) Contract Routing Steps & Si ng off [sign or initiall [indicate date transmitted] 1. Prepared by: di Date-01/05/12 [electronic] 2. Attorney reviewed: f Date ( [electronic] 3. AS Finance reviewed: Date 3 i3 /z [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date _ [electronic] 6. Attorney signoff: Date 7. Contractor signed: Date 8. Submitted to Exec Office V Date n It ;L [summary via 9. Reviewed by DCA Date 10. Council approved (if necessary) Date ' 11. Executive signed: Date 12. Contractor Original Returned to dept; Date hard copy printed electronic; hardcopies] 164 WHATCOM COUNTY Health Department TO: FROM: RE: DATE: �GOM CO � GZ a 3 � � 02 9SH1 NG4 MEMORANDUM Regina Delahunt Director RECEIVED Jack Louws, County Executive MAR 3 0 2012 JACK LOUWS Regina A D lahunt, Director COUNTY EXECUTI VE Kitsap Public Health District — Community Transformation March 29, 2012 Enclosed are two (2) originals of a new contract between Kitsap Public Health District and Whatcom County for your review and signature. ■ Background and Purpose In October 2011, the Washington State Department of Health (DOH) was awarded a five year federal Community Transformation Grant (CTG). The goal of this grant is to reduce obesity, tobacco use and associated chronic health conditions in Washington state. Eleven counties were selected as high priority counties for intervention, based on demographics and chronic disease risk factors. The state has created a regional model for implementation of this grant. Funds are allocated to 5 regional Hubs, that in turn work with other priority counties in their region. Whatcom County Health Department was selected by our region to serve as the Hub for the Northwest Healthy Communities Region (Kitsap, Skagit, and Whatcom). This contract provides funding to Kitsap for completion of work in this jurisdiction related to chronic disease prevention as required by the grant. ■ Funding Amount and Source The agreement is funded by a federal grant received from the Washington State Department of Health. The start date for this grant funded project is January 1 therefore the start date of this contract has been established as of that date, regardless of the time of signing. The contract amount is $95,401. Council approval is required and an agenda bill is attached. ■ Differences from Previous Contract This is a new contract. Please contact Astrid Newell at extension 50802, if you have any questions or concerns regarding the terms of this agreement. Encl. 165 13. County Original to Council Date 166 COUNTY ORIGINAL Whatcom County Contract No. 02010203o CONTRACT FOR SERVICES AGREEMENT Kitsap Public Health District — Community Transformation Kitsap Public Health District, hereinafter called Kitsap, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions Exhibit A (Scope of Work) Exhibit B (Compensation) Exhibit C (Certificate of Insurance) Exhibit D Statement of Work, Deliverables, and Due Dates Exhibit E Sub -Recipient Agreement Exhibit F Required Assurances From Washington State Department of Health Contract # C16907 Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1st day of January , 2012, regardless of the time of signing and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30th day of September 2012. 'rhe general purpose or objective of this Agreement is to: implement the Community Transformation Grant program, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided. here. 'rhe maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 95,401. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of 2012. Kitsap Health District CTG Contract--011212 1 of 28 167 Whatcom County Program Approval Astrid Newell, Community Health Manager /Date Reg a lahunt, Director/Date WHATCOM COUNTY JACK LOUWS County Executive STATE OF WASHINGTON COUNTY OF WHATCOM On this day of , 2012, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. APPROVED AS TO FORM: pDeput;nProsecuting ney Kitsap Health District CTG Contract-011212 NOTARY PUBLIC in and for the State of Washington, residing at Bellingham. My Commission expires: ^ CY Date 2 of 28 •: Kitsap Public Health Program Approval /Date Public Health District ti STATE OF WASHINGTON COUNTY OF Kitsap On this I9+1 day of Nkoxdn , 2012, before me personally appeared o} � bU.Li UtS� to me known to be j4;}��,,}�ay�l;� i Fe&lit, C(&ky d who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. X%%111tuii�iii,, SN�`QRIL K FPS �- NOTARY UBLIC in and for Plssion F .� ' + the State of Washington, q01 residing at MOLSDYA _ v� NOTARY N — _ �•� = PUBLIC My Commission expires: t 10 Z0( 5 WAStt�NG��`��\` APPROVED AS TO FORM: Deputy Prosecuting Attorney Date CONTRACTOR INFORMATION: Scott Daniels, MS, RS Deputy Director Kitsap Public Health District 345 6th Street, Suite 300 Bremerton, WA 98337.1866 (360) 337-5287 Office (360) 620-3704 Cell (360) 475-9287 Fax scott.daniels(akitsappublichealth.org Kitsap Health District CTG Contract-011212 3 of 28 169 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than five years. 11.4 Termination: Either party may terminate this agreement by providing the other party with written notice of termination. The terminating party will provide at least 30 days notice of the date of termination unless the termination results from a loss -of funding. In the event of a loss of funding, notice will be consistent with that given by the County's funder. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractors performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractors gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: Kitsap Health District CTG Contract-011212 4 of 28 170 In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: "fhe performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. Kitsap Health District CTG Contract-011212 5 of 28 171 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. Both parties acknowledge that they are subject to the Public Records Act. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: Each party agrees to be responsible for the actions of its officers, agents, and employees and will assume responsibility for any liability which arises in connection with, any negligent act or omission pertaining to its activities and obligations under this Agreement. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, Kitsap Health District CTG Contract-011212 6 of 28 172 religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: "this Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Astrid Newell, Community Health Manager 1500 N. State Street Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment, Suspension. Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: The Contractor further certifies, by executing this contract, that neither it nor its principles is presently debarred, suspended, proposd for debarment, delcared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. Kitsap Health District CTG Contract-011212 7 of 28 173 The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" is available to research this information at hftp:llepis.arnet.gov/. 38.3 E-Verify: Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments. Warranties and Representations: Not Applicable 41.1 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach by either party. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. Kitsap Health District CTG Contract-011212 8 of 28 174 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Kitsap Health District CTG Contract—011212 9 of 28 175 EXHIBIT "A" (SCOPE OF WORD Background In October 2011, the Washington State Department of Health (DOH) was awarded a five year federal Community Transformation Grant (CTG). The goal of this grant is to reduce obesity, tobacco use and associated chronic health conditions in Washington state. Eleven counties were selected as high priority counties for intervention, based on demographics and chronic disease risk factors. The state has created a regional model for implementation of this grant. Funds are allocated to 5 regional Hubs, that in turn work with other priority counties in their region. Whatcom County Health Department was selected by our region to serve as the Hub for the Northwest Healthy Communities Region (Kitsap, Skagit, and Whatcom). Scope of Work This statement of work is governed by Whatcom's contract with DOH for CTG services and will be subject to change if Whatcom's contract with DOH changes. Any changes occurring due to a contract amendment with DOH will be communicated to Kitsap without a further amendment to this agreement unless the change results in alteration of the reimbursement amount of this agreement. Use of funds must align with the finalized Department of Health Community Transformation Grant statewide implementation plan and supportive of local, regional, or state -level policy, environment, programmatic, and infrastructure changes. Kitsap will: • Designate at least 0.5 FTE local CTG coordinator. • Designate at least 0.125 FTE assessment staff to assist with local and regional assessment activities. • Designate a 3 person local CTG Leadership Team, including a Kitsap Public Health District administrator, the local CTG coordinator, and an assessment staff person. • Develop and implement a local CTG plan, as required by DOH. • Develop and submit a detailed CTG budget plan to Whatcom for review and approval. • Identify and facilitate participation of local organizations/individuals in a Regional CTG Coalition. • Participate in all required conference calls and trainings. • Maintain accurate records of staff time dedicated to CTG activities. • Meet deliverables in Exhibit D, Statement of Work, Deliverables, and Due Dates To Meet Washington State Department of Health CTG Requirements. Program Requirements Kitsap will use all allocated funds so that use aligns with the finalized DOH CTG statewide implementation plan. Kitsap will perform all work necessary within the limits of the available resources from this agreement to implement the strategies, action steps, and deliverables agreed to with regional partners and approved by DOH. Compliance Requirements Kitsap will comply with all applicable Federal and State requirements that govern this agreement. The following exhibits include additional contract requirements. Exhibit E, Subrecipient Agreement Exhibit F, Required Assurances From Washington State Department of Health Contract # C 16907 Kitsap Health District CTG Contract-011212 10 of 28 176 EXHIBIT "B" (COMPENSATION) Budget and Source of Funding The source of funding for this agreement is a Community Transformation Grant from Washington State Department of Health, CFDA# 93.531. Kitsap will be reimbursed for costs associated with meeting the requirements established in "Statement of Work" above. The start date for this grant funded project is January 1, 2012 therefore the start date of this contract has been established as of that date, regardless of the time of signing. The budget for this program is as follows: Direct Program Costs $82,957 Indirect Program Costs $12,444 Total Contract Amount $95,401 Invoicing 1. Eligible program costs include direct program costs identified in Whatcom's contract with DOH and an indirect reimbursement that does not exceed 15% of the total Contract amount. All reimbursed costs must be allowable as defined in OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments. 2. Kitsap shall submit itemized invoices on a quarterly basis in a format approved by Whatcom. Invoices submitted for payment must include sufficient documentation to prove the validity of all costs claimed. In the event there is a conflict within this agreement in regards to the payment of invoices, Exhibit B controls this section. A general ledger report of costs claimed toward this project will be sufficient for invoicing this agreement. Whatcom reserves the right to request further back-up documentation for any costs claimed for reimbursement. Indirect Costs: With the first invoice claiming indirect costs Kitsap will submit a copy of their Cost Allocation Agreement. The rate or rates specified in the agreement will be established following applicable Federal cost principles.. The indirect rate used for this contract will not exceed the rate specified in the submitted Cost Allocation Agreement. 3. Kitsap shall submit invoices to (include PO #): Attention: Business Office Whatcom County Health Department 509 Girard Street Bellingham, WA 98225 4. Payment by the County will be considered timely if it is made within 30 days of the receipt and acceptance of billing information from Contractor. The County may withhold payment of an invoice if the Contractor submits it more than 30 days after the expiration of this contract. 5. Invoices must include the following statement, with an authorized signature and date: I certify that the materials have been furnished, the services rendered, or the labor performed as described on this invoice. Kitsap Health District CTG Contract-011212 11 of 28 177 6. Duplication of Billed Costs or Payments for Service: Kitsap shall not bill Whatcom for services performed or provided under this contract, and Whatcom shall not pay Kitsap, if Kitsap has been or will be paid by any other source, including grants, for those costs used to perform or provide the services in this contract. Kitsap is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. Kitsap Health District CTG Contract-011212 12 of 28 178 Exhibit C Certificate of Insurance Kitsap Health District CTG Contract-411212 13 of 28 179 MEMBER-. Kitsap County Health District Memorandum # 2012-00-012 345 6th St Ste 300 Bremerton, WA 98337 This is to certify that the Memorandum of Coverage has been issued to the Member named above for the period indicated. EFFECTIVE: September 1, 2011 to September 1, 2012 COVERAGE: Comprehensive General Liability General Liability Professional Liability Personal Liability Auto Liability Combined Single Limit Hired and Non -Owned Auto Coverage Temporary Substitute Auto Coverage Employment Practices Liability Aggregate Per Member Public Officials Errors and Ommissions Liability Each Wrongful Act Aggregate Per Member Terrorism Liability Terrorist Liability Aggregate for Pool; distribution per Enduris Board Automobile Physical Damage Property/Mobile Equipment.Boiler and Machinery LIMIT $10,000,000 $10,000,000 $10,000,000 $10,000,000 $10,000,000 $10,000,000 $10,000,000 $10,000,000 $10,000,000 $500,000 $1,000,000 Per Schedule on File with Enduris Property Replacement Cost on File with Enduris Mobile Equipment Per Schedule on File with Enduris Boiler & Machinery Per Scedule on File with Enduris Employee Dishonesty Blanket Coverage with Faithful Performance of Duty Per Occurance $ 250,000 Aggregate $ 250,000 Deductible - Selected member deductible on file applies to all coverage. Limits are "per occurrence' unless otherwise noted. 16" ��2 Authorized Repr ntative Chief Operating Officer August 25, 2011 �h 1=1 ., WASHINGTON P.O. Box-19330 - Spokane Washington - 99219-9330 Tel. (509) 838-0910 - Tol I Free (800) 462-8418 - Fax (509) 747-3875 ENDURIS MEMORANDUM OF COVERAGE (MOC) SUMMARY See Coverage Sections for Actual Coverage Language Enduris is an unincorporated, local government risk -sharing pool organized pursuant to chapters 48.62 and 39.34 RCW. Enduris agrees with Kitsap County Health District herein referred to as the member, in return for payment, subject to all the terms and conditions of the Master Agreement to provide the coverage set forth in this Memorandum of Coverage. This is an agreement by Enduris and its members to pay all covered losses subject to the limits and other terms and conditions of this agreement and Exhibits attached. Various provisions of this memorandum restrict coverage. Read the entire memorandum carefully to determine rights, duties and what is and is not covered. I. LIABILITY COVERAGE Incorporated herein is the General Liability Coverage issued by Enduris subject to the terms, conditions, provisions, definitions, exclusions, and addendums contained in the Memorandum of Coverage. Words and phrases that appear in boldface have special meaning. Refer, SECTION III- WHO IS A MEMBER and SECTION IV- DEFINITIONS. In return for the payment of the contributions and in reliance upon the statements in the Declarations, Enduris agrees to provide the Member with coverage as stated in this memorandum. II. PROPERTY LOSS COVERAGE - REAL AND PERSONAL PROPERTY Incorporated herein, is Property Coverage issued by Enduris and the PEPIP USA Property Program (Public Entity Property Insurance Program). Subject to the terms, conditions, provisions, definitions, exclusions, and addendums contained in the Memorandum of Coverage. All claims for loss, damage, or expense arising out of any one occurrence shall be adjusted as one claim and from the ainount otherwise recoverable the Members deductible and any co -pays or cost shared provisions as described herein shall be deducted. Ili. EQUIPMENT BREAKDOWN COVERAGE (Boiler & Machinery) Incorporated herein is Boiler and Machinery coverage issued by Enduris and PEPIP. Subject to the terms, conditions, provisions, definitions, exclusions, and addendums contained in the Memorandum of Coverage. IV. VEHICLE COMPREHENSIVE AND COLLISION COVERAGE Incorporated herein is the Enduris Vehicle Comprehensive and Collision coverage. Vehicles listed as replacement cost shall be protected under the terms and conditions of the property program, V. EMPLOYEE DISHONESTY COVERAGE Incorporated herein, is the Employee Dishonesty Coverage with Faithful Performance as specified in binder. This is an optional coverage. VI. OTHER INSURANCE If collectible insurance with any other insurer is available to the Member covering a loss also covered hereunder (whether on a primary, excess or contingent basis), the coverage hereunder shall be in excess of, and shall not contribute with, such other insurance, provided that this clause does not apply with respect to excess insurance purchased specifically to be in excess of this Memorandum of Coverage, or to other insurance which is intended to provide the remainder of the limit of coverage stated in this Memorandum of Coverage when the coverage afforded under this Memorandum of Coverage provides less than 100 percent of the limit set forth in the declarations. Yitsap County Health BislrieL PY 2012 181 VII. REPORTING REQUIREMENT In addition to the requirements of the Memorandum of Coverage and Master Agreement, the Member shall have the obligation to report occurrences and claims in the manner and within the time frame prescribed by the Board of Directors of the Enduris. Failure to report in the accordance with the policies of the Board of Directors may jeopardize the coverages provided under this Memorandum of Coverage and any reinsurance and/or excess insurance policies applicable thereto. Vill. NOTICE OF INTENT TO WITHDRAW If properly and timely notice of intent to withdraw is not given as required by the Master Agreement and/or Bylaws or direction by the Enduris Board of Directors, the Member shall be responsible for the full program year's contributions and any assessments applicable thereto for the program year for which timely notice was not given as well as any other assessments to which Member may legally be obligated. ix. EXPENSE RECOVERY PROVISION A) Deductible -The appropriate deductible amount will be charged and invoiced to the Member. All co -pay and cost share apportionment will be determined and invoiced to the member. B) Fife Expense upon Settlement - Claims may include non -covered or excluded items. Apportionment of fees and expenses between Enduris and the Member may be negotiated and mutually agreed upon during the process of the settlement of a claim. Q File Expense Upon Judgment - For claims that include non -covered or excluded items in conjunction with a covered claim: Based upon the judgment award, the responsibility for payment of attorney fees and file expense (for the non -covered or excluded items) shall be apportioned, between Enduris and the Member, the same percentage as coverage provided by the memorandum related to the award. Enduris shall invoice the Member. D) Salvage - Salvage between the Enduris and the Member may be negotiated as part of the settlement of a claim. E) Claim Expense — Once a claim is reported to Enduris, the cost of adjusting the claim is applied to the total cost of the claim. The cost of adjustment is considered part of the deductible. F) Appeal Process - Upon receipt of notification of denial of coverage, a Member may appeal that decision by submitting a written notice of the intent to appeal the decision addressed to the Chair of the Board at the Enduris office. X. MISCELLANEOUS The enclosed coverage documents are subject to change due to the excess and/or reinsurance renewal dates that do not coincide with Enduris renewal dates. Enduris will notify you of significant changes. Authorized Representative Kitsap County Health District PY 2012 Executive Directo 182 ENDURIS DECLARATION LIABILITY COVERAGE POLICY PERIOD: FROM SEPTEMBER 1, 2011 TO SEPTEMBER 1, 2012 LIABILITY Enduris will pay on behalf of the Members that portion of the Ultimate Net Loss which the Member shall have become legally obligated to pay as damages and related Claims Expense because of Public Officials Errors & Omissions, Employment Practices Liability, Auto Liability, General Liability, Bodily Injury, Property Damage or Personal Injury to which coverage and exclusions apply. COVERAGE & LIMITS: General Liability Coverage $10,000,000 General Liability — Products -Completed Operations Hazard $10,000,000 Professional Coverage $10,000,000 Personal Injury —Sexual Molestation $10,000,000 Employee Benefit Liability $10,000,000 Fellow Volunteers/Employees' Liability $500,000 Terrorist Liability $1,000,000 Aggregate for Pooh, distribution per Enduris Board Automobile Liability Coverage C io#I $10,000,000 $10,000,000 $10,000,000 $10,000,000 $10,000,000 $10,000,000 $1,000 $10,000,000 $10,000,000 Co pay 20% Forms and Addendums attached. Combined Single Limit of Liability for Bodily Injury/ Property Damage Each Accident Single Limit Each Accident Non -Owned Auto Coverage Hired Auto Coverage Temporary Substitute Auto Coverage Public Officials Errors & Omissions Liability Coverage Each Wrongful Act Aggregate Per Member Liability Deductible Minimum deductible Employment Practice Liabil ft Coverage Per Occurrence — Per Member Aggregate Per Member (Co -pay may be waived per attached guidelines) Maximum member co -pay $100,000 NAMEMBER POLICIES\2012 Enduris Policy\MCC\Declaration Pages\Enduris Liability decdoc Kitsap County Health District PY 2012 183 ENDURIS MEMBER DEDUCTIBLES LIABILITY $10,000,000 per occurrence (See Liability Section for Coverage) Liability Deductible Minimum deductible unless otherwise stated $ 10000 PROPERTY $1,000,000,000 per occurrence all perils. (See Property Section for Coverage) Property Deductible Minimum deductible unless otherwise stated $ 1000 BOILER & MACHINERY EQUIPMENT $100,000,000 combined limit (See Property Section for Coverage) Boiler & Machinery Deductible Minimum deductible unless otherwise stated $ 1000 THE FOLLOWING ARE OPTIONAL COVERAGES Automobile comprehensive & Collision Limits available: (See Vehicle Physical Damage Section for Coverage) ❑ Replacement Cost ❑ Stated Value Eff"Actual Cash Value Deductible IJ $250 ❑ $500 ❑ $1,000 Employee Dishonesty (SeegEloyee Dishonesty Section for Coverage) lanket Coverage ❑ Named Position Coverage NAMEMBER POLICIES\2012 Enduris Policy\M000eciaaration Pages\Enduris Liability dec.doc Kitsap County Health District PY 2012 184 Exhibit D Statement of Work, Deliverables, and Due Dates to Meet Washington State Department of Health CTG Requirements Task Task/Activity/Description Deliverables/ Due Date/Time Frame Number Outcomes IA Administration Written and verbal February 29, 2012 feedback on Communications: Northwest Healthy Participate and contribute to the Communities development of a communication plan Regional Communication Plan for the Northwest Healthy Communities Region that includes working with local media and other stakeholders to keep the counties within the region informed of local Community Transformation Grant efforts. 2A Trainings, Meetings, and Conference Attendance by Kitsap September 30, 2012 Calls CTG Leadership Team at four (4) Participation of a minimum of three (3) required Department Kitsap CTG Leadership Team members of Health scheduled in all of the following Department of trainings. Health -sponsored trainings is required. Substitutions allowed. 1. Shaping Policy for Health Domain 1: Define and Communicate Public Health Problems 2. Shaping Policy for Health Domain 2: Applying Policy Analysis Techniques to Public Health Problems 3. Shaping Policy for Health Domain 3: Influencing Change Through Advocacy 4. Using the Policy Development Tracking Tool If a leadership team member has attended any of these trainings previously, documentation must be provided prior to training dates. Regional partners may also attend trainings. 3A Meetings, and Conference Calls Attendance of Kitsap September 30, 2012 CTG Leadership team 1. Participation and attendance of or selected staff at Kitsap CTG Leadership Team or regional conference selected staff is required at periodic calls and in -person Kitsap Health District CTG Contract-011212 14 of 28 185 Exhibit D Statement of Work, Deliverables, and Due Dates to Meet Washington State Department of Health CTG Requirements Task Task/Activity/Description Deliverables/ ' Due DatelTime Frame Number Outcomes Northwest Healthy Communities meetings. regional conference calls (approximately biweekly) and in- Attendance of Kitsap person meetings scheduled at CTG Leadership mutually agreeable times. Team at required Department of Health 2. Participation of Kitsap CTG scheduled conference Leadership Team members is calls and in -person required in periodic Department of meetings as Health convened in -person meetings requested. and conference calls if requested. Substitutions allowed. The purpose of calls and meetings will be to collaboratively review and revise Community Transformation Grant implementation plans, identify process to launch the Healthy Communities Hubs, facilitate peer exchange, strategize action plans and request and receive technical assistance. 4A Develop and submit Kitsap CTG Budget submitted January 15, 2012 program budget outlining expected staff and program costs for review and approval 1B Regional Coalition Plan for engagement September 30, 2012 of Kitsap County Participate with Whatcom and other partners in Regional priority counties in the Northwest Coalition Healthy Communities Region in the development and implementation of a List of potential regional coalition that includes diverse, partners in Kitsap multi -sector representation from each County and county in the region, and has the documentation of capacity to influence the political outreach to these environment for ensuring the adoption of partners for policy, environmental, programmatic participation in and infrastructure changes related to Regional Coalition area -wide strategic directions. Attendance of Kitsap The Regional Coalition must include a CTG staff and local representative from each Community partners at Regional Transformation Grant priority county: Coalition meeting(s) Kitsap, Skagit and Whatcom as well as local tribes, YMCA's, housing authorities, and organizations within the region whose programs and policies align with local culture and are effective Kitsap Health District CTG Contract-011212 15 of 28 :• Exhibit D Statement of Work, Deliverables, and Due Dates to Meet Washington State Department of Health CTG Requirements Task Task/Activity/DescriptionOutcomes Deliverables/ Due Date/Time Frame Number in addressing the health issues of greatest importance. Such organizations will include but are not limited to transportation, health, environment, labor, education, and planning. Develop a plan to engage community members who reside in Kitsap County and surrounding areas to participate in the Regional Coalition, focusing on people who have policy influence as well as those who represent rural or other applicable subgroups experiencing health disparities. Members of the Kitsap CTG Leadership Team attend Regional Coalition meetings as scheduled. 1C Board of Health Meetings Submitted at least September 30, 2012 four (4) times per Engage Kitsap Public Health Board in year: minutes from discussions concerning regional and meetings, or county plans and achievements. summaries of At least once per year, Whatcom County discussions, or Health Department Director or designee reports, or presentations that in partnership with Kitsap CTG represent staff Leadership Team meets with Kitsap preparation for and/or Public Health Board to discuss regional time spent with plans and achievements. Kitsap Public Health Board wherein discussion of regional and county plans and actions occurred. 1D Implementation of Action Plan Draft and final action Draft plan due: January 6, 2012 plans Create and implement a local action plan Final plan due: January 27, to achieve at least one (1) policy, 2012 environment, programmatic, and infrastructure change from strategic directions designated by Department of Health for each of the categories of Tobacco -Free Living, Healthy Eating, and Active Living, for a total of three (3) strategic directions for Kitsap (Refer to Local and Regional Strategies List). Kitsap Health District CTG Contract--011212 16 of 28 187 Exhibit D Statement of Work, Deliverables, and Due Dates to Meet Washington State Department of Health CTG Requirements Task Task/Activity/Description Deliverables/ Due Date/Time Frame Number Outcomes Implementation plans must include appropriate strategies for overcoming health disparities. 2D At least quarterly, provide information to Quarterly report of March 28, 2012 Whatcom on progress accomplishing progress policy, environment, programmatic, and accomplishing policy, June 28, 2012 infrastructure changes and associated environment, September 28, 2012 interventions that can be shared and programmatic, and disseminated by Department of Health. infrastructure changes and associated interventions Tracking tools to be determined by DOH but may include Catalyst and Policy Development Tracking Tool 3D Establish Linkages Report of facilitation September 28, 2012 to support statewide Facilitate local linkages in Kitsap initiatives to create County for Department of Health and health homes and Washington Association of Community health teams and Migrant Health Centers and other organizations serving as Safety Net Clinics to support statewide initiatives to create health homes and health teams in alignment with state and national health reform initiatives. 4D Establish Linkages Report of facilitation September 28, 2012 to increase smoke - Facilitate local linkages in Kitsap free multi -unit County for Comprehensive Health housing Education Foundation to increase smoke -free multi -unit housing. Tracking tools to be determined by DOH but may include Catalyst and Policy Development Tracking Tool 5D Establish Linkages Documentation of March 28, 2012 feedback (meeting Provide feedback to Whatcom on a plan notes, emails) to engage all counties within region in an effort to support state-wide, regional, Kitsap Health District CTG Contract-411212 17 of 28 Exhibit D Statement of Work, Deliverables, and Due Dates to Meet Washington State Department of Health CTG Requirements Task Task/Activity/Description Deliverables/ Due Date/Time Frame Number Outcomes and local policy work for the Community Transformation Grant. 1E Performance Monitoring and Attendance at all September 30, 2012 Evaluation Department of Health scheduled conference Participation of Kitsap assessment calls. Substitutions coordinator in monthly evaluation calls allowed. with Department of Health to establish and coordinate activities related to assessment and evaluation data collection. 2E Participate in CTG assessment and Documentation of September 30, 2012 evaluation activities for Kitsap County participation in as required by Department of Health. required assessment and evaluation Whatcom will provide guidance activities regarding required DOH assessment activities as information becomes available. 3E Support, coordinate, and conduct (if Data submissions as As designated by Department necessary) local data collection that is mutually agreed upon of Health identified and prioritized for evaluation with Whatcom and of Community Transformation Grant Department of Health activities in collaboration with Whatcom and Department of Health. 4E On a monthly basis, report work Catalyst reports Monthly as designated by activities and outcomes in Catalyst as Department of Health directed by Department of Health. (or submission of information to Department of Health may request that Whatcom for entry Whatcom compile all information and into Catalyst) enter activities and outcomes as a region into Catalyst. 5E On a quarterly basis, complete and Policy Development March 28, 2012 submit to Whatcom progress reports Tracking Tool reports using the Policy Development Tracking June 28, 2012 Tool. September 28, 2012 Kitsap Health District CTG Contract-011212 18 of 28 S• Exhibit D Statement of Work, Deliverables, and Due Dates to Meet Washington State Department of Health CTG Requirements Task Task/Activity/Description Deliverables/ Due Date/Time Frame Number Outcomes 6E Participate with Whatcom and Documents resulting As designated by Department Department of Health in the from collaboration of Health development and distribution of unique efforts with dissemination documents for Department of Health stakeholders based on performance monitoring data, health assessment data, and other program -related information, including results of pre- and post - intervention data collection efforts. Kitsap Health District CTG Contract-011212 19 of 28 190 EXHIBIT "E" SUB -RECIPIENT AGREEMENT BETWEEN WHATCOM COUNTY AND Kitsap Public Health District THIS SUB -RECIPIENT AGREEMENT is made and entered into by and between Whatcom County, herein after referred to as the "County", and Kitsap Public Health District, herein after referred to as the "Agency." This is a subgrant of a Health and Human Services Affordable Care Act Community Transformation Grant, CFDA number 93.531. The term of the Federal funding is 10/l/I I through 9/30/12. The purpose of this subaward is as stated in this agreement. The Agency agrees to comply with the following General Terms and Conditions and to incorporate the terms and conditions included herein in any and all subcontracting agreements entered into pursuant to this agreement. GENERAL TERMS AND CONDITIONS 1. Administrative Requirements: The Agency shall comply with all requirements within OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments or OMB Circular A-122, Cost Principles for Non -Profit Organizations; OMB Circular A-102, Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments or OMB Circular A-110, Administrative Requirements for Non -Profit Organizations; and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, as are applicable. The Agency shall comply with all federal and state laws and regulations, including all non- discrimination laws, but not limited to, Title VII of the Civil Rights Act, 42 USC 12101 et seq.; the Americans with Disabilities Act (ADA); and Chapter 49.60 RCW. 2. Single Audit Reporting: Non-federal entities receiving financial assistance of $500,000 or more in federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. Circular A-133 is available on the OMB Home Page at http://www.omb.p-ov. If this is applicable, the Agency has the responsibility of notifying the State Auditor's Office and requesting an audit. Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in OMB Circular A-133. The Agency shall maintain records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Agency shall include the above audit requirements in any subcontracts. The Agency is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Agency must respond to County's requests for information or corrective action concerning audit issues within 30 days of the date of request. The County reserves the right to recover from the Agency all disallowed costs resulting from the audit. Once the single audit has been completed, the Agency must send a full copy of the audit to the County and a letter stating there were no findings or, if there were findings, a list of the findings. Kitsap Health District CTG Contract --- 011212 20 of 28 191 3. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower -Tier Covered Transactions: The Agency certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The Agency further agrees that it shall not knowingly enter into any lower -tier covered transactions (a transaction between the Agency and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Agency agrees to include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transaction" without modification, in all lower -tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non - procurement Programs" is available to research this information at htt2:;/w-ww.epls.gov/. Kitsap Health District CTG Contract—011212 21 of 28 192 Exhibit F Required Assurances From Washington State Department of Health Contract # C16907 STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES Following are the Assurances, Certifications, and Special Conditions that apply to all federally funded (in whole or in part) agreements administered by the Washington State Department of Health. CERTIFICATIONS 1. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION The undersigned (authorized official signing for the contracting organization) certifies to the best of his or her knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; b) have not within a 3-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and d) have not within a 3-year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default. Should the contractor not be able to provide this certification, an explanation as to why should be placed after the assurances page in the contract. Kitsap Health District CTG Contract--011212 The contractor agrees by signing this contract that it will include, without modification, the clause titled "Certification Regarding Debarment, Suspension, In eligibility, and Voluntary Exclusion --Lower Tier Covered Transactions" in all lower tier covered transactions (i.e., transactions with sub- grantees and/or contractors) and in all solicitations for lower tier covered transactions in accordance with 45 CFR Part 76. 2. CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS The undersigned (authorized official signing for the contracting organization) certifies that the contractor will, or will continue to, provide a drug -free workplace in accordance with 45 CFR Part 76 by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b) Establishing an ongoing drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by paragraph (a) above; d) Notifying the employee in the statement required by paragraph (a), above, that, as a 22 of 28 193 condition of employment under the contract, the employee will— (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e) Notifying the agency in writing within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every contract officer or other designee on whose contract activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d) (2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). For purposes of paragraph (e) regarding agency notification of criminal drug convictions, DOH has designated the following central point for receipt of such notices: Compliance and Internal Control Officer Office of Grants Management WA State Department of Health PO Box 47905 Olympia, WA 98504-7905 3. CERTIFICATION REGARDING LOBBYING Title 31, United States Code, Section 1352, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions," generally prohibits recipients of Federal grants and cooperative agreements from using Federal (appropriated) funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a SPECIFIC grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with non -Federal (nonappropriated) funds. These requirements apply to grants and cooperative agreements EXCEEDING $100,000 in total costs (45 CFR Part 93). The undersigned (authorized official signing for the contracting organization) certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or Kitsap Health District CTG Contract-011212 23 of 28 . 194 employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (If needed, Standard Form- LLL, "Disclosure of Lobbying Activities," its instructions, and continuation sheet are included at the end of this application form.) (3) The undersigned shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including subcontracts, subcontracts, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 4. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT (PFCRA) The undersigned (authorized official signing for the contracting organization) certifies that the statements herein are true, complete, and accurate to the best of his or her knowledge, and that he or she is aware that any false, fictitious, or fraudulent statements or claims may subject him or her to criminal, civil, or administrative penalties. The undersigned agrees that the contracting organization will comply with the Public Health Service terms and conditions of award if a contract is awarded. 5. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE Public Law 103-227, also known as the Pro - Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds. The law does not apply to children's services provided in private residence, portions of facilities used for inpatient drug or alcohol treatment, service providers whose sole source of applicable Federal funds is Medicare or Medicaid, or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty ofup to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. By signing the certification, the undersigned certifies that the contracting organization will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. The contracting organization agrees that it will require that the language of this certification be included in any subcontracts which contain provisions for children's services and that all subrecipients shall certify accordingly. The Public Health Services strongly encourages all recipients to provide a smoke -free workplace and promote the non-use of tobacco products. This is consistent with the PHS mission to protect and advance the physical and mental health of the American people. 6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS INSTRUCTIONS FOR CERTIFICATION 1) By signing and submitting this proposal, the prospective contractor is providing the certification set out below. 2) The inability of a person to provide the certification required below will not Kitsap Health District CTG Contract-0 11212 24 of 28 195 3) 4) 5) 6) 7) necessarily result in denial of participation in this covered transaction. The prospective contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. The prospective contractor shall provide immediate written notice to the department or agency to whom this contract is submitted if at any time the prospective contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to whom this contract is submitted for assistance in obtaining a copy of those regulations. The prospective contractor agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DOH. The prospective contractor further agrees by submitting this contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," provided by HHS, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (of excluded parties). 9) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10) Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, DOH may terminate this transaction for cause or default. 7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS 1) The prospective contractor certifies to the best of its knowledge and belief, that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or Kitsap Health District CTG Contract-011212 25 of 28 196 performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d) Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default. 2) Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this proposal. CONTRACTOR SIGNATURE REQUIRED SIG AT OF AUTHORIZED C R YING OFFICIAL TITLE eas lso print or type name: O;CATION NAME: (ifpcab e) DATE ►Gt- Kitsap Health District CTG Contract-011212 26 of 28 197 ASSURANCES - NON CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the contractor, I certify that the contractor: Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 334728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C..1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of Kitsap Health District CTG Contract--011212 the Rehabilitation Act of 1973, as amended (29 U.S.C. 3794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 33 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 33 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 33 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C.,1501-1508 and 7324-7328) which limit the political activities of employees whose principal 27 of 28 employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 33276a to 276a-7), the Copeland Act (40 U.S.C. 3276c and 18 U.S.C. 33874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 33 327-333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C.,1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C..7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93- 205). W 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.,1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C..470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.,469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C..2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. CONTRACTOR SIGNATURE RE UIRED IGNA OF AUTH ED C TIFYING OFFICIAL Tst r212 k_V4ftF__ aQ, �"k e also print or type name: 01bGANIZATION NAME: (if licatble) �" DATE , \!::�' � k —Z_ Kitsap Health District CTG Contract-011212 28 of 28 199 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-146 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: DMP 03116112 W © u V APR 0 3 2012 4 / 10 / 12 Finance Division Head: �/ 4/10/12 Council Dept. Head. Prosecutor: WHATCOM COUNTY Purchasing/Budget 3Ja3% j'Z COUNCIL Executive: TITLE OF DO 1 T: Executive Office of the President Office of National Drug Control Policy. Grant Agreement# G12NW0004A. ATTACHMENTS: Two originals of GrantAgreement# G12NW0004A with the Executive Office of the President Office of National Drug Control Polic 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.) Award of $175,073 from the Executive Office of the President Office of National Drug Control Policy supports the Northwest HIDTA Border Task Force Prosecution Initiative from January 1, 2012 through December 31, 2013. The grant provides funding for one prosecutor and one secretary in the Prosecuting Attorney's Office and the New World Systems Corporation software maintenance for the AS400/State NCIC Interface. 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. 200 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a01a030/ Originating Department: Sheriff s Office Contract Administrator: Undersheriff Jeff Parks Contractor's / Agency Name: Executive Office of the President Office of National Drug Control Policy Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X_ No Yes No If yes, previous number(s): Is this a grant agreement? Yes _X No If yes, grantor agency contract number(s) _G12NW0004A_ CFDA # _95.001 Is this contract grant funded? Yes _X^ No If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes No X_ If yes, RFP and Bid number(s) Cost Center: _1003512003 Is this contract excluded from E-Verify? No Yes _X_ If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: Contract less than $100,000. Professional services agreement for certified/licensed professional Work is for less than 120 days Contract for Commercial off the shelf items (COTS) — Interlocal Agreement (between Govt.) — Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount:(sum of orig contract amt If a Professional Services Agreement is more than $15,000 or a Bid is more than $35,000, and any prior amendments) please submit an Agenda Bill for Council approval and a supporting memo. Any $ 175,073.00 amendment that provides either a 10% increase in amount or more than $10,000, whichever This Amendment Amount: 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 supporting memo for approval. Total Amended Amount: $ 175,073.00 Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] This award supports the Northwest HIDTA Border Task Force Prosecution Initiative. The grant provides funding for one prosecutor and one secretary in the Prosecuting Attorney's Office and the New World Systems Corporation software maintenance for the AS400/State NCIC Interface. Term of Contract: January 1, 2012 Expiration Date: December 31, 2013 Contract Routing Steps & Signoff [sign or initial] [indicate date transmitted] 1. Prepared by DW Date 03/16/12 [electronic] 2. Attorney reviewed Date 2 [electronic] 3. AS Finance reviewed Date /`- [electronic] 4. IT reviewed if IT related .' Date Z 7 ! [electronic] 5. Corrections made Date [electronic] hard copy printed 6. Attorney signoff Date 7. Contractor signed Date 8. Submitted to Exec Office ✓ Date 3 -23'/Z [summary via electronic; hardcopies] 9. Council approved (if necessary) Date 10. Executive signed Date 11. Contractor Original Returned to dept. Date 12. County Original to Council Date Last Revised 1/]9/12 201 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 TO: Jack Louws, FROM: Bill Elfo, Sheri DATE: March 19, 201 MEMORANDUM County Exec ve ff f 2 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR VVT DY JOIVES RE Crc f V i MAR 2 3 2012 JACK LOUWS COUNTY EXECUTIVE RE: Executive Office of the President Office of National Drug Control Policy HIDTA Grant Agreement# G12NW0004A Enclosed are two (2) originals between Whatcom County Sheriff's Office and Executive Office of the President Office of National Drug Control Policy for your review and signature. Background and Purpose This award will support the Northwest HIDTA Border Task Force Prosecution Initiative of the Northwest High Intensity Drug Trafficking Area from January 1, 2012 through December 31, 2013. The grant will pay for a prosecutor and a secretary in the Prosecutor's Office and the New World Systems Corporation software maintenance for the AS400/State NCIC Interface. The High Intensity Drug Trafficking Area (HIDTA) program enhances and coordinates drug control efforts among local, state, and federal law enforcement agencies. The program provides agencies with coordination, equipment technology, and additional resources to combat drug trafficking and its harmful consequences in critical regions of the United States. Funding Amount and Source Total funding of $175,073.00 is from the Executive Office of the President Office of National Drug Control Policy. Differences from Previous Contract None Please contact Undersheriff Jeff Parks at 50418 if you have any questions regarding the terms of this grant agreement. Thank you. enclosure Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence 9991ic Safety. EpRESID e EXECUTIVE OFFICE OF THE PRESIDENT tilt o Z OFFICE OF NATIONAL DRUG CONTROL POLICY Washington, D.C. 20503 February 27, 2012 County Executive Jack Louws Whatcom County 311 Grand.Avenue Bellingham, WA 98225 Dear Mr. Louws: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number G12NW0004A) has been awarded in the amount of $175,073.00. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Northwest HIDTA and approved by the Office of National Drug Control Policy (ONDCP). The original Grant Agreement, including certain Special Conditions, is enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including the timely submission of all fmancial and programmatic reports, the resolution of audit findings, and the maintenance of a minimum level of cash -on -hand. Should your organization not adhere to these terms and conditions, ONDCP may terminate the grant for cause or take other administrative action. If you accept this award, please sign both.the Grant Agreement and the Grant Conditions and return a copy to: Finance Unit National HIDTA Assistance Center 11200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715-7600 Or via email to your respective NHAC accountant. Please keep the original copy of the Grant Agreement and Grant Conditions for your file. If you have any questions pertaining to this grant award, please contact Travis Norvell at (202) 395-6692. Sincerely, E.elenScrivner, Ph.D. National HIDTA Director Enclosures 203 Executive Office of the President Office of National Drug Control Policy 1. Recipient Name and Address County Executive Jack Louws Whatcom County 311 Grand Avenue Bellingham, WA 98225 IA. Recipient IRSNendor No.: 1916001383B2 Subrecipient Name and Address CON 5 � aoia a�ol9 Page 1 of 5 Grant Agreement 4. Award Number: G12NW0004A 5. Grant Period: From 01/01/2012 to 12/31/2013 6. Date: 2/27/2012 8. Supplement Number 7. Action RI Initial Supplemental 2A. Subrecipient IRSNendor No.: 9. Previous Award Amount: 3. Project Title 10. Amount of This Award: $175,073.00 Northwest HIDTA Border Task Force- 11. Total Award: $175,073.00 Prosecution 12. This Grant is approved subject to such conditions or limitations as are set forth on the attached four (4) pages. 13. Statutory Authority for Grant: Public Law 112-74 14. Typed Name and Title of Approving Official 15. Typed Name and Title of Authorized Official Ellen Scrivner, Ph.D. Jack Louws National HIDTA Director Whatcom County 16. Sign" of Approving ONDCP Official 18. Accounting Classification Code DUNS: 803417989 EIN: 1916001383132 17. Signature of Authorized Recipient/Date 19. HIDTA AWARD OND10B3SE1213 OND2000000 OC4101 204 Grant G 12NW0004A Page 2 of 5 GRANT CONDITIONS A. General Provisions 1. This grant is subject to: • OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Government; or, if applicable, OMB Circular A-21, Cost Principles for Educational Institutions; ' OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; or, if applicable, O1VIB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations; • OMB Circular A-133, Audits of States, Local Governments and Non -Profit Institutions; • Government -wide Debarment and Suspension (Non procurement), codified at 21 CFR § 1401 et. seq.; 9 ' Government -wide Requirements for Drug -Free Workplace (Grants), codified at 21 CFR § 1401 et. seq.; • New Restrictions on Lobbying, codified at 18 USC § 1903 and 31 USC § 1352; • Nondiscrimination in Federally Assisted Programs and Equal Opportunity Plans requirements are codified at USC, Title VI (42 USC § 2000d et seq.); and • Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). 2. Audits conducted pursuant to OMB Circular A-133, "Audits of State and Local Governments", must be submitted no later than 9 months after the close of the grantee's audited fiscal year. A copy of the audit report and management letter must be sent to: EOP/ONDCP Attention: Michael Reles GSD/RDF (202) 395-6608 Anacostia Naval Annex Bldg 410/Door 123 250 Murray Lane, SW Washington, DC 20509 or: mreles@ondcp.eop.gov 205 Grant G 12NW0004A Page 3 of 5 3. Grantees are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management (HHS/DPM). Other reporting requirements are specified in the HIDTA Program Policy and Budget Guidance. 4. The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 5. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the HIDTA, its fiscal agent(s), HIDTA employees, HIDTA contractors, as well as state, local, and federal HDTA participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. B. Special Conditions HIDTA Grants The following special conditions are incorporated into each award document. 1. This grant is awarded for the initiative(s) named above. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's HIDTA Program Policy and.Budget Guidance. 3. No HIDTA funds shall be used to supplant state or local fiords that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling of HIDTA Program funds for confidential expenditures; i.e. the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6-12 of the HIDTA Program Policy and Budget Guidance. 6. The grant recipient agrees to account for and use program income in accordance with the "Common Rule" and the HIDTA Program Policy and Budget Guidance. Asset forfeiture proceeds generated by the HIDTA-funded initiatives shall not be considered as program income earned by HIDTA grantees. 206 Grant G 12NW0004A Page 4 of 5 7. Property acquired with these HIDTA grant funds is to be used for activities of the Northwest HIDTA. If your agency acquires property with these finds and then ceases to participate in the HIDTA, this equipment must be made available to the HIDTA's Executive Board for use by other HIDTA participants. 8. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. C. Payment Basis A request for Advance or Reimbursement shall be made using the HHS/DPM system (www.dpm.psc.gov). Copies of invoices or payroll registers must accompany the payment confirmation number to provide documentation for the reimbursement request. Requests for advances must be accompanied by details specifying the need for the advance. Documentation of how the advance was spent must be submitted within 21 days and before another advance or reimbursement will be approved. 2. The HIDTAs, or their respective grantees, must utilize the HIDTA program Financial Management System's (FMS) Disbursement module each time they submit a disbursement request to the NHAC. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered into the FMS. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be FDIC insured. The account must be interest bearing. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self -Determination Act (23 U.S.C. 450), grantees and subgrantees shall promptly, but at least quarterly, remit interest earned on advances to HHS/DPM at the address provided below. When submitting your checks, please provide a detailed explanation which should include: reason for check (remittance of interest earned on HIDTA advance payments), check number, grantee name, grant number, interest period covered, and contact name and number. Ms. Janet Fowler Division of Payment Management Department of Health and Human Services Via U.S. Postal Mail: P.O. Box 6021 Rockville, MD 20852 Via FedEx: 7700 Wisconsin Avenue IOth Floor Bethesda, MD 20814 207 Grant G 12NW0004A Page 5 of 5 4. The grantee or subgrantee may keep interest amounts up to $100 per year for administrative purposes. RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Signature: See attached Page 5a Date: Name: Jack Louws Organization: Whatcom County 1: WHATCOM COUNTY: Recommended for Approval: IL,S eriff — --_7 1"-�6 /j, Dat Approved as to form: � � � \��' -#-z �/ a ej P(osecuting Attorney"\ADate Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) Date Grant G12NW0004A Page 5a of 5 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 209 a 0 0 0 z N c.� C O :- 7 U N LO O L d C) M C) rl Y N f0 L L O Co CZ O U LO / � d 1 ` L FI Z LL a U in O 'C O L. Q. CL m 4) v� m N ri 4% N m LL Q 210 Budget Detail 2012 - Northwest Initiative - Northwest HIDTA Border Task Force - Prosecution Award Recipient - Whatcom County (G12NW0004A) Resource Recipient - Whatcom County Prosecutor's Office Awarded Budget (as approved by ONDCP) $175,073.00 Attorney 1 $85,414.00 Paralegal & Support 1 $35,169.00 Total Personnel $120,583.00 Page 1 of 1 2/17/2012 1:49:57 PM 211 HID TA 2012 SF-424 Application Northwest H I DTA G12NW0004A Whatcom County $175, 073.00 Generated On: March 19, 2012 212 OFFICE OF NATIONAL DRUG CONTROL POLICY FY 09 HIDTA STATE AND LOCAL INITIATIVES INSTRUCTIONS FOR APPLICANTS Attached are the following documents for your FY 12 funding application: . Approved FY 12 Budget to the Whatcom County for the Multiple Initiative(s). . Application for Federal Assistance, SF-424. . Budget Information Non -Construction Programs, SF-424A, Page 2. (Page I will not be utilized.) . Assurances Non -Construction Programs, SF-424B. . Budget Information Construction Programs, SF-424C. Certification regarding Lobbying; Debarment, Suspension and other Responsibility Matters; Drug -Free ' Workplace Requirements; Federal Debt Status, and Non-Discrimmination Statutes and Implementing Regulations. . Disclosure of Lobbying Activities. To submit a grant application for FY 12 HIDTA State and Local Initiative Funding, the following forms must be signed and returned: . Application for Federal Assistance, SF-424. . Budget Information Non -Construction Programs, SF-424A, Page 2. (Page 1 will not be utilized.) . Assurances Non -Construction Programs, SF-424B. . Budget Information Construction Programs, SF-424C. Certification regarding Lobbying; Debarment, Suspension and other Responsibility Matters; Drug -Free ' Workplace Requirements; Federal Debt Status, and Non -Discrimination Statutes and Implementing Regulations. . Disclosure of Lobbying Activities. Each of these documents have been completed based upon information submitted for the FY 12 initiatives. If this inforniation is incorrect, contact the National HIDTA Assistance Center for new forms. These documents must be completed and signed in their entirely and returned with original signatures affixed before the award letter can be initiated. After completion, the forms should be sent to: National HIDTA Assistance Center 11200 NW 20th ST, STE 100 Miami, FL 33172 (305) 715-7600 213 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED 03/19/2012 Applicant Identifier: 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY STATE State Application Identifier Application Pre -application 4. DATE RECEIVED BY FED AGENCY Federal Identifier G12NW0004A Construction _ Construction X. Non -Construction Non -Construction 5. APPLICANT INFORMATION LEGAL NAME: Whatcom County ORGANIZATIONAL UNIT: Organizational DUNS: 803417989 ADDRESS (Give city, county, State and Zip Code) Name and telephone number ojperson to be contacted on matters involving this application (give area code) Whatcom County 311 Grand Avenue Mr. Dave Rodriguez Bellingham, WA 98225 (206) 352-3601 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7. TYPE OF APPLICANT: (Enter appropriate letters in box) 1916001383132 A. State H. Independent School District B. County I. State Controlled Institution of Higher Learning 8. TYPE OF APPLICATION S New _ Continuation _ Revision C. Municipal J. Private University If revision, enter appropriate letter(s) in box(es) D. Township K. Indian Tribe (Specify) E.Interstate L.Individual F. Inter -municipal M. Profit Organization A. Increase Award B. Decrease Award G. Special District N. Other C. Increase Duration D. Decrease Duration 9. NAME OF FEDERAL AGENCY ONDCP Other (specify) 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT NUMBER (CFDA): Northwest HIDTA Border Task Force -Prosecution 95.001 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date a. Applicant b. Project 1 /1 /2012 12/31 /2013 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $175,073.00 a. YES. This preapplication/application was made available to the State Executive order 12372 b. Applicant process for b. Applicant review on: c. State Date: d. Local b. No. ❑ Program is not covered by E.O. 12372 e. Other ❑ or program has not been selected by state for f. Program Income review g. Total $175,073.00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? Yes If "Yes", attach an explanation ❑X No TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Type Name of Authorized Representative b. Title c. Telephone Jack Louws County Executive d . Signature of Authorized Representative e_ Date Signed 214 Instructions for the sf424 Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET; SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as a required face sheet for pre applications and application submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item: Entry: 1. Self -Explanatory. 2. Data application submitted to Federal Agency (or State if applicable) & applicant's control number (if applicable). 3. State use only (if applicable). 4. Enter Date Received by Federal Agency, Federal identification number: if this application is to continue or revise an existing award, enter present Federal identifier number. If for a new project, leave blank. 5. Enter a legal name of applicant, name of primary organizational unit (including division is applicable), which will undertake the assistance activity, enter the organization's DUNS number (received from Dun and Bradstreet), enter the complete address of the applicant (including country), and name, telephone number, email and fax of the person to contact on matters related to this application. 6. Enter employer Identification Number (EIN) as assigned by the Internal Revenue Service. 7. Enter the appropriate letter in the space provided. Check appropriate box and enter appropriate letter(s) in the space(s) provided; • 'New " means a new assistance award • "Continuation" means any change in the Federal Government's financial obligation or contingent liability from an existing obligations • "Revision" means any change in the Federal Government's financial obligation or contingent liability from an existing obligation. 9. Name of Federal agency from which assistance is being requested with this application. 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. 11. Enter a brief descriptive title of project. if more than one program is involved, you should append an explanation on Item: Entry: a separate sheet. if appropriate (e.g., construction or real property projects), attach a map showing project location. For pre application, use a separate sheet to provide a summary description of this project. 12. List only the largest political entities affected (e.g., State, counties, cities). I3. Self- Explanatory. 14. List the applicant's Congressional -District and any District(s) affected by the program or project. 15. Amount requested or to be contributed during the first funding/budget period by each contributor. Value of in kind contributions should be included on appropriate lines as applicable_ If the action will result in a dollar change to an existing award, indicate only the amount of the change. For decrease, enclose the amounts in parentheses. If both basic and supplemental amounts are included, show breakdown on an attached sheet. For multiple program funding, use totals and show breakdown using same categories as item 15. 16. Applicants should contact the State Single Point of Contact (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. 17. This question applies to the applicant organization, not the person who signs as the authorized representative. Categories of debt include delinquent audit disallowances, loans and taxes. 18. To be signed by the authorized representative of the applicant_ A copy of the governing body's authorization for you to sign this application as official representative must be on file in the applicant's office. (Certain Federal agencies may require that this authorization be submitted as part of the application. 215 Q F 0 �9 U O N 'O U 69 69 U .Q 0. Q 69 69 by O C C7 c3 i 00 N V. O O N 06 a` "' N 06 a M �9 kn t: N al OC a .a M M 69 L to t: N [C 00 r �o a -a M N � 69 L tn .y N a 8 M 69 69 Cd O O y M r L W � tQ 69 'B cc M W O c3 L C � � Q � O O z � L 0 z F- 'G O U U U7 U Cx. Vr [-� 00 G\ O — N 216 INSTRUCTIONS FOR THE SF-424A Public reporting burden for this collection of information is estimated to average 180 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Office of Management and Budget, Paperwork Reduction Project (0348-0044), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT OT THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. General Instruction This form is designed so that application can be made for funds from one or more grant programs. In preparing the budget, adhere to any existing Federal grantor agency guidelines, which prescribe how and whether budgeted amounts should be separately shown for different functions or activities within the program. For some programs, grantor agencies may require budgets to be separately shown by function or activity. For other programs, grantor agencies may require a breakdown by function or activity. Section A,B,C, and D should include budget estimates for the whole project except when applying for assistance which requires Federal authorization in annual or other finding period increments. In the latter case, Sections A. B,C, and D should provide the budget for the first budget period (usually a year) and Section E should present the need for Federal assistance in the subsequent budget periods. All applications should contain a breakdown by the object class categories shown in Lines a-k of Section B. Section A. Budget Summary Lines 1-4 column (a) and (b) For applications pertaining to a single Federal grant program (Federal Domestic Assistance Catalog number) and not requiring a functional or activity breakdown, enter on Line 1 under Column (a) the catalog program title and the catalog number in Column (b). For application pertaining to a single program requiring budget amounts by multiple functions or activities, enter the name of each activity or function on each line in Column (a), and enter the catalog number in column (b). For application pertaining to multiple programs where none of the programs require a breakdown by function or activity, enter the catalog program title on each line in column (a) and the respective catalog number on each line in column (b). For application pertaining to multiple programs where one or more programs require a breakdown by function or activity, prepare a separate sheet for each program requiring the breakdown. Additional sheets should be used when one form does not provide adequate space for all breakdown of data required. However, when more than one sheet is used, the first page should provide the summary totals by programs. Lines 1-4, column (c) through (g) For new application, leave columns (c) and (d) blank. For each line entry in Column (a) and (b), enter in Column (e), (f), and (g) the appropriate amounts of funds needed to support the project for the first funding period (usually a year). For continuing grant program applications, submit these forms before the end of each funding period as required by the grantor agency. Enter in column (c) and (d) the estimated amounts of funds which will remain not obligated at the end of the grant funding period only if the Federal grantor agency instructions provide for this. Otherwise, leave these columns blank. Enter in column (e) and (f) the amounts of funds needed for the upcoming period. The amount(s) in column (g) should be the sum of amounts in Column (e) and (f). For supplemental grants and changes to existing grants, do not use column (c) and (d). Enter in Column (e) the amount of the increase or decrease of Federal funds and enter in column (f) the amount of the increase of decrease of non-federal funds. In Column (g) enter the new total budgeted amount (Federal and non-federal which includes the total previous authorized budgeted amounts plus or minus, as appropriate, the amounts shown in column (e) and (f). The amount(s) in column (g) should not equal the sum of amounts in column (e) and (f). Line 5- Show the totals for all columns used. Section B Budget Categories In the column headings (1) through (4). enter the titles of the same programs, functions, and activities shown on line 1-4, column (a), Section A. When additional sheets are prepared for Section A, provide similar column headings on each sheet. For each program, function or activity, fill in the total requirements for funds (both Federal and non - Federal) by object class categories. Lines 6a-1- Show the totals of Lines 6a to 6h in each column. 217 Line 6j- Show the arnount of indirect cost. Line 6K- Enter the total of amounts on Lines 6i and 6j. For all applications for new grants and continuation grants the total arnount in column (5), Line 6k, should be the same as the•total amount shown in Section A, column (g), Line 5. For supplemental grants and changes to grants, the total amount of the increase or decrease as shown in column (1)-(4), Line 6k should be the same as the sum of the amounts in Section A, column (e) and (f) on Line 5. Line 7- Enter the estimated arnount of incorne, if any expected to be generated from this project. Do not add or subtract this amount. Show under the program narrative statement the nature and source of incorne. The estimated arnount of program income may be considered by the federal grantor agency in determining the total amount of the grant. Section C. Non -Federal Resources Lines 8-11 Enter amounts of non-federal resources that will be used on the grant. if in -kind contributions are included, provide a brief explanation on a separate sheet. Column (a) Enter the program titles identical to column (a), Section A. A breakdown by function or activity is not necessary. Colunur (b) Enter the contribution to be made by the applicant. Column (c) Enter the amount of the State's cash and in -kind contribution if the applicant is not a State or State agency. Applicants which are a State or State agencies should leave this column blank. Column (d) Enter the amount of cash and in -kind contribution to be made from all other sources. Column (e) Enter total of column (b),(c), and (d). Line 12- Enter the total for each of column (b)-(e). The arnount in column (e) should be equal to the amount on Line 5, column (f) section A. Section D. Forecasted Cash Needs Line 13 Enter the arnount of cash needed by quarter from the grantor agency during the first year. Line 14 —Enter the arnount of cash from all other sources needed by quarter during the first year. Line 15 — Enter the totals of amounts on Lines 13 and 14. Section E. Budget Estimates of Federal Funds Needed for Balance of the Project Lines 16-19- Enter in Column (a) the same grant program titles shown in Column (a), Section A. A breakdown by function or activity is not necessary. For new applications and continuation grant applications, enter in the proper columns amounts of Federal funds which will be needed to complete the program or project over the succeeding funding period (usually in years). This section need not be completed for revisions (amendments, changes, or supplements) to funds for the current year of existing grants. If more than four lines are needed to list the program titles, submit additional schedules as necessary. Line 20- Enter the total for each of the Column (b)-(e). When additional schedules are prepared for this section, annotate accordingly and show the overall totals on this line. Section F. Other Budget Information Line 21 — Use this space to explain amounts for individual direct object class cost categories that may appear to be out of the ordinary or to explain the details as required by the Federal grantor agency. Line 22- Enter the types of indirect rate (provisional, predetermined, final or fixed) that will be in effect during the funding period, the estimated amount of the base to which the rate is applied, and the total indirect expense. Line 23- Provide any other explanations or comments deerned necessary. 218 , ASSURANCES - NON-CONTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program, if you have questions, please contact the awarding agency. Further, certain Federal -awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non- federal share of project cost) to ensure proper planning, management and completion of the project describe in this application. 2. Will give the awarding agency, the Comptroller General of United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all record, books, paper, or docutnents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U. U. C. 47284763) relating to prescribed standards for merit systems for prograts funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C. F. R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title V1 of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title 1X of the Education Amendments of 1972, as amended (20 U. S. C. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U. S. C. 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S. C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U. S_ C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title V ill of the Civil Rights Act of 1968 (42 U S C. 3601 et seq), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles 11 and 111 of the Uniform Relocations Assistance and Real Property Acquisition Policies Act of 1970 (P. L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assistance programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U. S.C. 1501-1508 and 7324-7328) which limit the political activities are funded in whole or in part with Federal Funds. 219 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U. S. C. 276a to 276a — 7), the Copeland Act (40 U. S. C. 276c and 18 U. S. C. 874), and the Contract Work Hours and Safety Standards Act (40 U. S. C. 327-333), regarding labor standards for federally assisted construction sub agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93- 234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 1 1514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et esq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176 (c) if the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et esq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L..93-205). 12 Will comply with the Wild and Scenic: Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties) and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be perfonned the required financial and compliance audits in accordance with the Single Audit Act of 1984 or OMB Circular No. A- 133, Audits of Institutions of Higher Learning and other Non-profit Institutions. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Title Jack Louws County Executive APPLICANT ORGANIZATION Date Submitted Whatcom County 220 S t au u 0 U 0 U Cd Cs 3 0 Q cs 0 F- ,o c3 OO C z� Y p" v. O U 0 0 U 0 F- C3 E U 0 O cd Q r J U C3 v r r U = n—j > E bA U C o - U !z 43 O -0 y U U O cn O O Q r-A C3 U O = F" U as C G _ c W U eri u n. r U U 7 U pp Q oma = �Q v C13 Cs o y EL 0 = o `_'77- o 0 r Q � u 0 Ci w U c` FU- .-1 221 INSTRUCTION FOR THE SF 424-C Public reporting burden for this collection of information is estimated to average 180 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0041), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This sheet is to be used for the following types of applications: (1) "New" (means a new [previous Un-funded] assistance award); (2) "Continuation" (means funding in a succeeding budget which stemmed from a prior agreement to fund); and (3) "Revised" (means any changes in the Federal government's financial obligation or contingent liability from an existing . obligation). If there is no change in the award amount there is no need to complete this form. Certain Federal agencies may require only an explanatory letter to the effect minor (no cost) changes_ If you have questions please contact the Federal agency. Column a.- If this is an application for a "New" project, enter the total estimated cost of each of the items listed on lines 1 through 16 (as applicable) under "COST CLASSIFICATIONS." If this application entails a change to an existing award, enter the eligible amounts approved under the previous award for the items under " COST CLASS] F]CAT]ON' Column b. If this is an application for a "New" project, enter that portion of the cost of each item in Column a. which is not allowable for Federal Assistance. Contact the Federal agency for assistance in detennining the allowability of specific costs. If this application entails a change to an existing award, enter the adjustment [ + or (-)] to the previously approved costs (from column a.) reflected in this application. Column c. This is the net of line 1 through 16 in columns "a" and "b". Line 1- Enter estimated amounts needed to cover administrative expenses. Do not include costs which are related to the normal functions of government. Allowable legal costs are generally only those associated with the purchase of land which is allowable for Federal participation and certain services in support of construction of the project. Line 2 — Enter estimated site and right(s) of way acquisition costs (this includes purchase, lease, and/or easements). Line 3 — Enter estimated cost related to relocation advisory assistance, replacement housing, and relocation payments to displaced persons and businesses, etc. Line 4 — Enter estimate basic engineering fees related to construction (this includes start-up services and preparation of project performance work plan). Line 5 — Enter estimated engineering costs, such as surveys, tests, soil borings, etc. Line 6 — Enter estimated engineering inspection costs. Line 7 — Enter estimated costs of site preparation and restoration which are not included in the basic construction contract. Line 9 — Enter estimated cost of the construction contract. Line 10 — Enter estimated cost of office, shop, laboratory, safety equipment, etc. to be used at the facility, if such costs are not included in the construction contract. Line ] 1 — Enter estimated miscellaneous costs. Line 12 - Total of items 1 through 11. Line 13 — Enter estimated contingency costs. (Consult the Federal agency for the percentage of the estimated construction cost to use.) Line 14 — Enter the total of lines 12 and 13. Line 15 - Enter estimated program income to be earned during the grant period, e.g. salvaged materials, etc. Line 16 — Subtract line 15 from line 14. Line ] 7 — This block if for the computation of the Federal share. Multiply the total allowable project costs from line 16, column "c" by the Federal percentage share (this may be up to 100 percent; consult Federal agency for Federal percentage share) and enter the product on line 17. 222 ASSURANCES — CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estate or any other aspect of this collection of information, including suggestions for reducing this burden, to the office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of theses assurances may not be applicable to your project or program. if you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. if such is the case, you will be notified. As the duly authorized representative of the applicant 1 certify that the applicant: 1. Has the legal authority to apply for Federal assistance, prescribed standards for merit system for programs and the institutional, managerial and financial funded under one of the nineteen statutes or capability (including funds sufficient to pay the non- regulations specified in appendix A of OPM's Federal share of project costs) to ensure proper Standards for a Merit System of Personnel planning, management and completion of the project Administration (5 C.F.R. 900 Subpart F). described in this application. 9. Will comply with the Lead -Based Paint Poisoning 2. Will give the awarding agency, the Comptroller Prevention Act (42 U.S.C. 4801 et seq.) which General of the United States, and if appropriate, the prohibits the use of lead based paint in construction or State through any authorized representative, access to rehabilitation of residence structures. and the right to examine all records, books, papers, or 10. Will comply with all Federal statues relating to non - documents related to the assistance; and will establish discrimination. These include but are not limited to: a proper accounting system in accordance with (a) Title Vl of the Civil Rights Act of 1964 (P.L. 88- generally accepted accounting standards or agency 352) which prohibits discrimination on the basis of directives. race, color or national origin; (b) Title IX of the 3. Will not dispose of, modify the use of, or change the Education Amendments of 1972, as amended (20 terms of the real property title, or other interest in the U.S.C. 1681-1683, and 1685-1686) which prohibits site and facilities without permission and instructions discrimination on the basis of sex; (c) Section 504 of from the awarding agency. Will record the Federal the Rehabilitation Act of 1973, as amended (29 U.S.C. interest in the title of real property in accordance with 794) which prohibits discrimination of the basis of awarding agency directives and will include a handicaps; (d) the Age Discrimination Act of 1975, as covenant in the title of real property acquired in whole amended (42 U.S.C. 6101-6107) which prohibits or in part with Federal assistance funds to assure non- discrimination on the basis of age; (e) the Drug Abuse discrimination during the useful life of the project. Office and Treatment act of 1972 (P.L. 93-255), as 4. Will comply with the requirements of the assistance amended, relating to non-discrimination on the basis awarding agency with regards to the drafting, review of drug abuse; (f) the comprehensive alcohol Abuse and approval of construction plans and specifications. and alcoholism Prevention, Treatment and 5. Will provide and maintain competent and adequate Rehabilitation Act of 1970 (P.L. 91-616), as amended, engineering supervision at the construction site to relating to nondiscrimination on the basis of alcohol ensure that the complete work conforms with the abuse or alcoholism; (g) 523 and 527 of the Public approved plans and specifications and will furnish Health Service Act of 1912 (42 U.S.C. 290 dd-3 progress reports and such other information as may e and290 cc-3), as amended, relating to confidentiality required by the assistance awarding agency or State. of alcohol and drug abuse patient record; (h) Title VII1 6. Will initiate and complete the work within the of the Civil Rights Act of 1968 (42 U.S.C. 3601 et applicable time frame after receipt of approval of the seq. ), as amended, relating to non-discrimination in awarding agency. the sale, rental or financing of housing; (1) any other 7. Will establish safeguards to prohibit employees from non-discrimination provisions I the specific statute(s) using their positions for a purpose that constitutes or under which application for Federal assistance is present the appearance of personal or organizational being made and 0) the requirements on any other non - conflict of interest, or personal gain. discrimination Statute(s) which may apply to the 8. Will comply with the Intergovernmental Personnel application. Act of 1970 (42 U.S.C. 4728-4763) relating to 223 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. These requirements apply to all interest in real property acquired for project purpose regardless of Federal participation in purchases 12. Will comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 16 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874), The contract Work hours and safety Standards Act (40 17 U. S. C. 327-333) regarding labor standards for federally assisted construction sub -agreements. 14. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more 15. Will comply with environmental standards which may be prescribe pursuant to the following: (a) institution of environmental quality control measures under the National environmental policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 1 1738; (c) SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Jack Louws APPLICANT ORGANIZATION Whatcom County protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazard in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered species Act of 1973, as amended, (P.L_ 93-205). Will comply with the wild and scenic rivers act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Will assist the awarding agency in assuring compliance with section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the single Audit Act of 1984. 19. Will comply with all applicable requirements of all other Federal laws, Executive Orders, regulations and policies governing this program. Title County Executive Date Submitted 224 OFFICE OF NATIONAL DRUG CONTROL POLICY CERTIFICATIONS REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG -FREE WORKPLACE REQUIREMENTS; FEDERAL DEBT STATUS, AND NONDISCRIMINATION STATUS AND IMPLEMENTING REGULATIONS Instructions for the certifications General Requirements The Office of National Drug Control Policy (ONDCP) is required to obtain from all applicants' certifications regarding federal debt status, debarment and suspension, and a drug free workplace. Applicants requesting monies greater than $100,000 in grants funds must also certify regarding lobbing activities and may be required to submit a Disclosure of Lobbying Activities" (Standard Form LLL). Institutional applicants are required to certify that they will comply with the nondiscrimination statues and implementing regulations. Applicants should refer to the regulations cited below to determine the certifications to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of the form provides for compliance with certification requirements under 21 CFR part 1405, "New Restrictions on Lobbying" and 21 CFR part 1414, Government wide Debarment and Suspension. (Non procurement), Certification Regarding Federal debt Status (OMB Circular A-129), and Certification Regarding the Nondiscrimination Statutes and Implementing Regulations. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Office of National Drug Control Policy determines to award the covered cooperative agreement 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented in 21 CFR part 1405, for persons entering into a cooperative agreement over $100,000, as defined at 21 CFR Part 1405, the applicant certifies that: (a) No federal appropriated finds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will being paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Grant or cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award document for all sub -awards at all tiers (including sub -grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTER (DIRECT RECIPIENT) As required by Executive Order 12549, Debannent and Suspension and implemented at 21 CFR Part 1404, for prospective participants in primary covered transactions A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debannent, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency: (b) Have not within a three-year period preceding this application been convicted of or and a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or local ) transaction or contract under a public transaction' violation of Federal or State antitrust statures or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for o otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) terminated for cause or default;and B. Where the applicant is unable to certify to any of the statements in this certification. He or she shall attach an explanation to the application. 2. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug Free Workplace Act of 1988, and implemented at 21 CFR Part 1404 Subpart F. A. The applicant certifies that it will or will continue to provide a drug free workplace by: (a)_ Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the applicant's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (b) Establishing an on -going drug free awareness program to inform employees about 225 (1) The dangers of drug abuse in the workplace; (2) The applicant's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violation occurring in the workplace; (d) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (e) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction: (f) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) form an employee or otherwise receiving actual notice of such convictions. Employers of convicted employees must provide notice including position title, to: The Assistance Center, 8401 Northwest 53rd Terrace, suite 200, Miami, Florida 33166. Notice shall include the identification number of each affected grant; (g) Taking one of the following actions within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal State, or local health, law enforcement, or other appropriate agency; (h) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The applicant may insert in the space provided below the site(s) for the performance of work done in connection with the specific cooperative agreement: Place of Performance (street address, city, country, state, zip code) Whatcom County Check71 if there are workplaces on file that are not identified here. The regulations provide that a recipient that is a State may elect of make one certification in each Federal fiscal year. A copy of which should be included with each application for ONDCP Funding. DRUG FREE WORKPLACE (RECIPIENTS WHO ARE INDIVIDUALS) As required by the Drug Free Workplace Act of 1988, and implemented at 21 CFR Part 1404 Subpart F. A. as a condition of the cooperative agreement, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conduction any activity with the grant; and B. If convicted of a criminal drug offense resulting form a violation occurring during the conduct of any grant activity, I will report the conviction in writing, within 10 calendar days of the conviction, to: The Assistance Center, 8401 Northwest 53rd Terrace, Suite 208, Miami, Florida 33166. 4. CERTIFICATION REGARDING FEDERAL DEBT STATUS (OMB Circular A-129) The Applicant certifies to the best of its knowledge and belief, that it is not delinquent in the repayment of any federal debt. 5. CERTIFICATION REGARDING THE NONDISCRIMINATIN STATUTES AND IMPLEMENTING REGULATIONS The applicant certifies that it will comply with the following nondiscrimination statues and their implementing regulations: (a) title VI of the Civil right Act of 1964 (42 U.S.C. 2000D et seq.) which provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity for which the applicant received federal financial assistance; (b) Section 504 if the rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap in programs and activities receiving federal financial assistance; (c) title IX of the Education Amendments of 1972m as amended (20 U.S.C_ 1981 et seq.) which prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance; and (d) the Age Discrimination Act of 1975, and amended (42 U.S.C. 6101 et seq.) which prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance, except that actions which reasonably take age into account as a factor necessary for the normal operation or achievement of any statutory objective of the project or activity shall not violate this statute 226 As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Grantee Name and Address: Whatcom County 311 Grand Avenue Bellingham, WA 98225 Application Number and/or Project Name: G12NW0004A Northwest HIDTA Border Task Force -Prosecution Grantee IRSNendor Number: 1916001383B2 Type Name and Title of Authorized Jack Louws Representative: 5. Signature: County Executive 6. Date: 227 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) I Type of Federal Action: 2. Status of Federal Action 3. Report Type ❑a. contract h• b. grant ❑ a. bid/offer/application h' b. Initial award a. Initial filing a' b. material change C. cooperative agreement C. post -award For Material Change only d. loan e. loan guarantee Year:_ Quarter: f. loan insurance Date of last report: 4. Name and Address of reporting Entity 5. If reporting entity in No. 4 is Subawardee, Enter name and address of Prime: Prime ❑ Subawardee Tier if nknowiz: Whatcom County 311 Grand Avenue Bellingham, WA 98225 Congressional District, ifknown Congressional District, ifknown 6 Federal Department/Agency: 7. Federal Program Name/Description: ONDCP HIDTA g, Federal Action Number, if known 9. Award Amount, if known G 12N W0004A $175, 073.00 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, MI) (if individual, last name, first name, MI) different from No. 10a) last name, first name, MI) None None (attach Continuation Sheet (s) SF-LLL-A, if necessary) IL Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): S N/A a. retainer _actual _planned _ b. c. one-time fee commission 12. Form of Payment (check all that apply): d. contingent fee a. cash c. deferred b. in -kind; specify: nature f. other; specify: value _ 14 Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in Item 11: HIDTA Related Initiatives (attach Continuation Sheet (s) SF-LLL-A, if necessary) 15. Continuation Sheet(s) SF-LLL-A atached: Yes X No 16. Information requested through this form is authorized by title 31 U.S.C. Signature: section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made o entered into. This disclosure is requested Print Name: Jack LouWs pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any Title: County Executive person who fails to file the required disclosure shall be subject to a civil penalty of not less than S10,000 and not more than $100,000 for each such Telephone No.: failure. Date: Federal Use Only: Authorized for local reproduction Standard Form — LLL 228 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-147 CLEARANCES I ' ' 1 Date Date Received in Council Agenda Date Assigned to: Office Originator Chris Brueske, P.E. 3 Z$ FED) E L� (� �// L� I1 V APR 03 2012 4/10/12 Finance Division Head: Joe Rutan, P.E. rv.r- Joe a %'k � 3/ZS �Z 4/10/12 Council t. De Head: Frank WHATCOM COUNTY COUNCIL Prosecutor: Dan Gibson J 3 o Purchasin /Bud et: Brad Bennett 11 b 3123111 Executive: Jack Louws TITLE OF DOCUMENT. Professional Services Contract for Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project. ATTACHMENTS. 1. Cover Memo 2. Contract Information Sheet 3. Contract for Services SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ?( ) Yes ( X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language far use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works requests that the County Executive be authorized to enter into a Professional Services Agreement in the amount of 140,000,00 with PND Engineers, Inc. for Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project. 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 anti printing on the County's, website at. www.co.whatcom.wa.us/council. 229 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM JOSEPH P. RUTAN, P.E. Assistant Director/County Engineer 322 N. Commercial St., Ste 301 Bellingham, WA 98225-4042 Phone: (360) 715-7450 Fax: (360) 715-7451 To: The Honorable Jack Louws, County Executive Honorable Members of the Whatcom County Council J From: Joseph P. Rutan, P.E., County Engineer �Prvy Joe r-4d Chris C. Brueske, P.E., Engineering Manager Through: Frank M. Abart, Director f , 9L- Date: March 26, 2012 RECEIVED r Mae 3 o 201z counAirYE°c�cuTivE Subject: Contract for Services for Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project (CRP 912004) Enclosed are two (2) originals of the Contract for Services between Whatcom County and PND Engineers, Inc. Requested Action Public Works respectfully requests that the County Executive be authorized to sign the attached contracts with the selected engineering consultant, PND Engineers, Inc., for design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project. Background and Purpose This contract provides for design of replacement wingwalls at the Gooseberry Point ferry terminal. The existing wingwalls, constructed in 1986, are nearing the end of their useful life and are showing signs of significant deterioration, including broken piles, rotten timbers, and corroded cables. The replacement wingwalls will be a modern steel pile design to accommodate safe docking of the Whatcom Chief. PND Engineers, Inc. was selected as the most qualified consultant for the proposed work based on submitted qualifications for the Engineering & Architectural Services Request for Qualifications (RFQ #12-01). Funding Amount and Source The not -to -exceed amount for this contract is $40,000.00. This work is included in the 2012 Annual Road Construction Program approved by the Whatcom County Council on October 11, 2011 under Item No. 23: Ferry Dock Improvements. Please contact Chris Brueske at extension 50617 if you have any questions or concerns regarding the terms of this agreement. 280 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. �(3/.In30o2q Originating Department: Public Works — Engineering Division Contract Administrator: Chris C. Brueske, P.E., Engineering Manager Contractor's /Agency Name: PND Engineers, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes — No If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes— No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes X No _ If yes, RFP and Bid number(s)_ RFQ 12-01 Is this contract excluded from E-Verify? No Yes _X_ If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: _X_ Contract less than $100,000 _X_ Professional sys. 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 If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ 40. 000.00 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10, 000, whichever is greater, must also go to Council and will need an $ N/A agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. $ 40, 000. 00 Scope of Services Contract for Services for Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Term of Contract: Expiration Date: December 31, 2012 Completion of project Contract Routine SteDs & Siknoff.• [sign or initiall [indicate date transmitted 1. Prepared by: CB Date 3128112 [electronic] 2. Attorney reviewed: Date [electronic] 3. AS -Finance reviewed: bbennett Date_3123112 [electronic] 4. Corrections made: Date [electronic] hard copy printed 5. Attorney signoff.1 Date Z 6. Contractor signed. Date 7. Submitted to Exec Office Date 3 3 o i A. [summary via electronic; hardcopies] 8. Reviewed by DCA Date 9. Council approved (if necessary) Date laExecutive signed. Date 11. Contractor Original Returned to dept; Date 12. County Original to Council Date page this form may need to expand to more than one 231 Whatcom County Contract No. WHATCOM COUNTY CONTRACT ATTORNEY REVIEW [submit via electronic transmittal] Originating Department: Public Works - Engineering Division Contact Person: Chris C. Brueske, P.E., Engineering Manager Contractor's Name: PND Engineers, Inc. First Review: O Approved As Is; Prepare Hardcopy for Signoff O Needs Revision; Attorney Comments for suggested changes: Second Review: Olmplemented 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. 232 COUNTY 6 :. ,�; j � AL Whatcom County Contract No. CONTRACT FOR SERVICES o2 b / a. 0.3 p. 2 DESIGN OF THE GOOSEBERRY POINT FERRY TERMINAL WINGWALL REPLACEMENT PROJECT PND Engineers, Inc,, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8 Exhibit A (Scope of Work), pp. 9-11 Exhibit B (Compensation), pp. 12 Exhibit C (Certificate of Insurance), pp. 13-16 Exhibit D (Title VI Assurances), pp.17-18 Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 12th day of April, 2011, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of December, 2012. The general purpose or objective of this Agreement is to: Provide design of the Gooseberry Point Ferry Terminal Winowall Replacement Project, as more fully and definitively described in Exhibit A hereto_ The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 40.000.00 . The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this CONTRACTOR: PND Engineers, Inc. Todd Nottingham, P.E. Principal day of 20 STATE OF WASHINGTON ) ) ss, COUNTY 'OF ) On thisZA day of c&(C4t , 201A before me personally appeared bAqt4mo me known to be the Virle JtC5 (fitle) of QVD EASAeet5(Company) and who executed the above in ument and who ackn wledged to me the act of signing and sealing thereof. 0 ARYPUBLIC in and for the State o Washington, residing at Sae % -IW H My commission expires Ool j 191,o/S . Contract for Services Agreement \;� �1�'N ��N PND Engineers, Inc. aoT9�: S Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project A�� ; Page 1 7 - A &BLIG b 02; . e R. • v 1.0 :�� ' �.ER�29" �,�. 0 WAS�►�r; 233 WHATCOM COUNTY: Recom ended for Approval: Department Director Date roved as to form: Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) )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 CONTRACTOR INFORMATION: Todd Belsick, P.E. Principal PND Engineers, Inc. 811 First Avenue, Suite 570 (206) 624-1387 tbelsick@pndengineers.com Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Page 2 v 1.0 234 GENERAL CONDITIONS Series 00-09: Provisions Related to Nature and Purpose of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Tenn and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Page 3 v 1.0 235 Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/shefit maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Page 4 v 1.0 236 Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: Not Applicable 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future_ 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review. - This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement' If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". Said insurance shall be considered primary and waive subrogation. 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Page 5 v 1.0 237 including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, to the extent such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees . It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Chris C. Brueske, P.E. Engineering Manager Whatcom County Public Works 322 N. Commercial St., Suite 301 Bellingham, WA 98225 (360)715-7450 cbrueske@co.whatcom.wa.us 37.2 Notice: Contract for Services Agreement PND Engineers, Inc. ° Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Page 6 v 1.0 238 Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Contractor certifies that it has fully met the responsibility criteria required of public works contractors under RCW 39.04.350 (1), which include: (a) having a certificate of registration in compliance with RCW 18.27; (b) having a current state unified business identifier number; (c) if applicable, having industrial insurance coverage for its employees working in Washington as required in Title 51- RCW, an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW; and (d) not being disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: The Contractor further certifies, by executing this contract, that neither it nor its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" is available to research this information at http://epls.arnet.gov/. 38.3 E-Verify: Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments. Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Page 7 v 1.0 239 The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Page 8 v 1.0 240 ❑" 1 ENGINEERS, INC. Engineering Services: Civil Planning Surveying Structural Permitting Hydrology Geoteclmical Environmental Transportation Marine Facilities Coastal Er4neering Contract Administration Offices: Anrftora - 1506 West36th Avenue Anchorage, Alaska 99%3 Phone: 90-1.561.1011 Far 907.563.4220 Juneau 3220 Hospital Drive, Suite 200 Juneau, Alaska 99801 EXHIBIT "A" (SCOPE OF WORK) DESIGN OF GOOSEBERRY POINT FERRY TERMINAL WINGWALL REPLACEMENT PROJECT March 21, 2012 Mr. Chris Brueske, P.E. Engineering Manager Whatcom County Public Works Department 2011 Young Street, Suite 201 Bellingham, WA 982254052 Subject: Scope of Work and Fee Proposal Gooseberry Wingwalls Replacement Dear Chris: PND No. 124025.01 Thank you for contacting us regarding the Gooseberry Wingwalls Replacement project for the Lummi Island Ferry. At your request, PND has prepared this scope of work and fee proposal for design engineering services to assist the County in this project. Please review the proposal and let us know if you have any questions or require anything further at this time. General: The Whatcom County Department of Public Works has identified the need to replace the wingwalls at the Gooseberry Terminal. This project consists of two components: Replacement of the Wingwalls and Temporary Passenger Only Boarding Facility. Phone:907.586.2093 Wingwalls• Far 907.586.2099 PND proposes to design a two -stage fender system that will provide softer berthing for general conditions, but will also be better able to withstand impact ftom the Seattle vesseL The two -stage system will likely consist of 811 First Avenue, Suite 570 1. A fabricated steel panel unit type fender surface, contoured to match the Seattle, Washington 98104 profile of the vessel hull and fitted with a UFLN4 W rub surface, 2. The fender panel will be installed over driven steel pipe pin piles, Phone: 206.624.1387 3. The wingwall will be backed by a rigid steel dolphin cap with steel pipe Far 206.624.1388 batter and vertical piles 4. Cylindrical rubber energy absorbers will be installed between the fender panel and rigid cap to provide energy absorption. Temporary Passenger Only Boarding: Temporary passenger only ferry service will be provided while demolition and construction of the new wingwalls is underway. Included in this scope of work is the design of a temporary berthing and passenger boarding float, including the use of the County's two existing 80-ft gangways, for the passenger only ferry. It is anticipated that an intermediate platform, supported on a single steel pipe pile will be used between the gangways. Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwali Replacement Project Page 9 ®I ®I v 1.0 241 Work Items: Task 1 Preliminary Desigg (50%), • Review all data and information provided by the County • Site visit to confirm assumptions • Develop project specific design criteria • Develop preliminary project plans (50%) • Develop preliminary cost estimates Task 2 Development Desigs_(90%) • Develop project plans and general notes (90%) • Update construction cost estimates Task 3 Final Design • Prepare final bid ready plans (stamped) including general notes • Prepare final engineer's construction cost estimate Task 4 Bidding and Construction Support This work will be negotiated after the design has been completed. Assumptions: The County has provided the following information to PND: 1. Geotechnical Report dated October 19, 2006, which has one boring located near the South wingwA 2. Drawings (PDF) of existing wingwalls, 3. Design drawings from an earlier version of the planned wingwall replacement (for vessel larger than the Whatcom Chief, 4. The design vessel will be the Whatcom Chief, which is the County ferry that currently uses the facility. Known specifications: Displacement at Full Load: 192 Long Tons Length: 100-ft Breadth: 44-ft It is assumed that the County will provide: 1. Available survey information in CAD format, 2. Available as -built information of the wingwalls, particularly the hull profile, . 3. Available as -built information of the aluminum gangways for the temporary passenger only boarding facility, 4. Guidance on desired float for temporary boarding facility (or specifications if already acquired), 5. Any other pertinent information that is deemed necessary, 6. All pemiit applications, fees and postings will be completed by the County 7. The County will prepare contract documents for bidding. All technical specifications will be in the form of General Notes found on the drawings. Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Page 10 v 1.0 242 Exclusions: Permitting Geotechnical investigation Surveys Bidding (subject to future negotiations) Construction assistance (subject to negotiations) Deliverables to the County: Project specific design criteria - technical memorandum Drawing review at 50% complete — PDF format Drawing and general notes review at 90% complete — PDF format Construction cost estimates at 50%, 90% and final Structural calculations Final set of drawings (one 22x34 original stamped set and electronic PDF 11xl7) Schedule: Submit scope of work and fee proposal Receive Notice to Proceed Submit Task 1 Deliverables Receive review comments Submit Task 2 Deliverables Receive review comments Submit Task 3 Deliverables March 21 April 12 May 3 (3 weeks) May 8 (1 /2 week) May 25 (2-1/2 weeks) May 30 (1/2 week) June 18 (2-1/2 weeks) Schedule is subject to change depending upon review comments, permit requirements, etc., but the end goal is to have bid ready project plans available for bid advertisement June, 2012. Fee: PND proposes to provide these design services (Task 1, 2 and 3 combined) for a total fixed fee amount of W,000_ Please feel free to contact us at any time should you have any questions and we look forward to working with you on this project Sincerely, PND Engineers, Inc. I Seattle Office Todd Belsick, P.E. Principal 9,hn Olson, P.E. Senior Engineer Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project ©I ®I Page 11 I 1 v 1.0 243 EXHIBIT "B" (Compensation) DESIGN OF GOOSEBERRY POINT FERRY TERMINAL WINGWALL REPLACEMENT PROJECT As consideration for services provided pursuant to Exhibit A, Scope of Work, the County agrees to compensate the Contractor the lump sum amount of Forty Thousand Dollars ($40,000.00), payable in monthly progress payments proportionate to the percentage of the scope completed. The lump sum fee shall be shall be full compensation for the scope of work, including overhead, profit, travel expenses, and other direct expenses, and no additional compensation will be made unless the contract scope is supplemented. Any work performed prior to the effective date of this contract or continuing after the completion date of same, unless approved in writing, will be at the Consultant's expense. Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Page 12 v 1.0 244 Exhibit C A6 ® DATE (MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE F 3/27/2012 PRODUCER (907) 561-1250 FAX: (907) 561-4315 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alaska USA Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 196530 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Anchorage AK 99519 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: American Fire & Casualty PND Engineers, Inc. INSURERB:Ohio Casualty Insurance 811 First Avenue INSURER c: Liberty Northwest Suite 570 INSURER D: Seattle WA 98104 1 INSURER E: C0VFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR T D' N R TYPE FINSURANCE POLICY NUMBER POLICY EFFECTIVE ATE MM D POLICY EXPIRATION DATE MM D LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE O PREM SESEa oNcu D nce $ 1,000,000 A X CLAIMS MADE 1 OCCUR BIKA1254207948 10/1/2011 10/1/2012 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1 000,000 GENERAL AGGREGATE $ 2 000 000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S 2,000,000 X1 POLICY F7 PRO-LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) BODILY INJURY A X ALL OWNED AUTOS BAA1254207948 10/1/2011 10/1/2012 SCHEDULED AUTOS (Per person) $ BODILY INJURY X HIRED AUTOS X NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 4,000,000 S $ B DEDUCTIBLE S01254207948 10/1/2011 10/1/2012 $ X RETENTION $ 0 C WORKERS COMPENSATION X WCYTATIT- OER AND EMPLOYERS' LIABILITYLIM Y / N E.L. EACH ACCIDENT $ 1 000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE _ OFFICERIMEMBER EXCLUDED? C] E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory in NH) - 41NC014837011 10/1/2011 10/1/2012 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: 124025.01 Gooseberry Pt. Ferry Terminal Wingwall Replacement. **REVISED CERTIFICATE CANCELS & REPLACES CERTIFICATE OF INSURANCE ISSUED 3/26/12** The Certificate Holder is an Additional Insured on the General Liability & Auto policies, but only if required by written contract or written agreement, per General Liability Extension Endorsement Additional Insured provision CG8810(10/09) and Commercial Auto Form CA0001 (03/06) & CAS810 (01/10). It is agreed that such insurance as afforded Whatcom County Public Works Chris Brueske, P.E. 322 N. Commercial St. Suite 301 Bellingham, WA 98225 ACORD 25 (2009101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE Nolin, CIC, CISR/BR—4 - ©1988-2009 ACORD CORPORATION. All rights reserved. INSU25 (200901).01 The ACORD name and logo are registered marks of ACORD Page 13 245 246 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed_ A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Page 15 ACORD 25 (2009101) INS025 (2oogoi ).ol 247 CERTIFICATE OF PROFESSIONAL LIABILITY INSURANCE ISSUED BY ARCHITECTS AND ENGINEERS INSURANCE COMPANY Form N7706 (08/89) Issue Date: 28-Mar-12 This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the Policy. This certifies that a Professional Liability Insurance policy has been issued to the insured named below for the Policy period indicated. Notwithstanding any requirement, term or condition of the contract with respect to which this Certificate may be issued or may pertain,,the insurance afforded by the Policy described herein is subject to all the terms, exclusions and conditions of such Policy, and any attachments or endorsements added thereto. INSURED: PND Engineers, Inc. 811First venue, Ste. Seattle, WA 98104 COMPANY: Architects and Engineers Insurance Company POLICY NO: 09-00001-01 EFFECTIVE DATE: 12/31/2009 EXPIRATION DATE: 12/31/2012 LIMIT: $1,000,000 CERTIFICATE HOLDER: Whatcom County Public Works 322 N. Commercial St., Suite 301 Bellingham, WA 98225 Ph: 360-715-7450 ATTENTION: Chris Brueske, P.E. PROJECT: 124025.01 Gooseberry Pt. Ferry Terminal Wingwall Replacement ould the above described Policy be celed before the expiration date, IC will mail thirty days (30) written ice to the Certificate Holder named to left; but failure to mail such notice u impose no obligation or liability of Aqd upon the company. A. Peterson Authorized Representative 2056 Westings Avenue, Suite 20 Naperville, . L 60563 Telephone (800) 437-2342 / Fax (877) 437-2342 Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Page 16 W. Exhibit D Title VI Assurances DESIGN OF GOOSEBERRY POINT FERRY TERMINAL WINGWALL REPLACEMENT PROJECT During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non-discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Page 17 v 1.0 249 interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Contract for Services Agreement PND Engineers, Inc. Design of the Gooseberry Point Ferry Terminal Wingwall Replacement Project Page 18 v 1.0 250 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-148 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: RGN �j�uv lL FR E C � � � � D 4/10/12 Finance/ Division Head: -�� -/ z APR 0 3 2012 WHATCOM COUNTY COUNCIL 4/ 10/ 12 Council Dept. Head: & Prosecutor: Q Purchasing/Budget: Z Executive: i I TITLE OF DOC Bridge Inspection Agreement with Snohomish County ATTACHMENTS. 1. Cover Memo 2. Contract Information Sheet 3. Local Agency Reciprocal Maintenance Agreement between Whatcom County and Snohomish County 4. Letter of Understanding between Whatcom County and Snohomish County 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 NOTICELANGUAGE. (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 "Local Agency Reciprocal Maintenance Agreement" and "Letter of Understanding" provide for rental of Whatcom County's under -bridge inspection platform with driver and operator for routine inspections of bridges within Snohomish County (see Letter of Understanding for specific bridges) over a six (6) year period. 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. 251 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM ROAD DIVISION MAINTENANCE AND OPERATIONS Jeff Gollen, Superintendent 901 W. Smith Road Bellingham, WA 98226 (360) 676-6759 / 380-8111 Fax: (360) 676-68791 To: The Honorable Jack Louws, Whatcom County Executive and The Honorable Members of the Whatcom County Council Through: Frank M. Abart, Director fj From: Jeff Gollen, M&O Superintendent "� Robert Ney, M&O Assistant Superintendent Date: February 27, 2012 RECEIVED MAR 3 0 2012 JACK LOUWS COUNTY EXECUTIVE Re: Local Agency Reciprocal Maintenance Agreement and Letter of Understanding for Rental of the Under Bridge Inspection Platform between Whatcom County and Snohomish County Attached are two (2) originals each of the Local Agency Reciprocal Maintenance Agreement and Letter of Understanding between Whatcom County and Snohomish County. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to sign the attached documents. Please retain one original of each for your files and return the other to Public Works Administration. Background and Purpose The Local Agency Reciprocal Maintenance Agreement establishes a framework for cooperative use of resources between the two counties and is analogous to existing agreements Whatcom County maintains with other local agencies. The Letter of Agreement establishes a specific task under the Reciprocal Maintenance Agreement related to rental of the Whatcom County under_ bridge inspection platform, with driver and operator, by Snohomish County. Snohomish County has requested this,agreement to facilitate inspection of several bridges that were formerly inspected by the Washington State Department of Transportation (WSDOT) under the now -defunct High Cost Bridge Inspection Program. The Letter of Understanding provides for rental of Whatcom County's under bridge inspection platform, with driver and operator, by Snohomish County over a six -year period. Funding Amount and Source Whatcom County will receive direct reimbursement from Snohomish County for all costs incurred related to this work, plus a 10% administrative fee. The estimated reimbursement over the 6-year term is approximately $47,928.54. Please contact Robert Ney at extension 50665 if you have any questions or concerns regarding the terms of this agreement. 252 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 02O / -P-0 3 oa3 Originating Department: Public Works Contract Administrator: Robert Ney, M&O Assistant Superintendent Contractor's / Agency Name: Snohomish County Is this a New Contract? If not, is this anAmendment or Renewal to an Existing Contract? Yes X No Yes No X_ If yes, previous number(s): 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 _X_ If no, include Attachment D Contractor Declaration If yes, indicate qualified exclusion(s) below: Contract less than $100,000 _ Professional sys. agreement for certified/licensed professional Work is for less than 120 days _ Contract for Commercial off the shelf items (COTS) X_ Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FfIWA Contract Amount:(sum of orig contract amt and any If a Professional Services Agreement is more than $15,000 or a Bid is prior amendments) more than $35,000, please submit an Agenda Bill for Council approval $ 47 928.54 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 $ N/A also go to Council and will need an agenda bill and supporting memo. If Total Amended Amount: less than these thresholds, just submit to Executive with supporting $ memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] The "Local Agency Reciprocal Maintenance Agreement" and "Letter of Understanding" provide for rental of Whatcom County's under -bridge inspection platform with driver and operator for routine inspections of bridges within Snohomish County (see Letter of Understanding for specific bridges) over a six (6) year period. Term of Contract: I Expiration Date: 253 Contract Routing Steps & Signofi (sign or initial.l (indicate date transmittedl 1. Prepared by RN Date 2/28/12 [electronic] 2. Attorney reviewed Daniel L. Gibson Date 03/08/12 [electronic] 3. AS Finance reviewed 1-1106,- 1 Date Y//z [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made 6. 8. 9. 10 11 12 Attorney signoff Date 03/08/ 1: Contractor signed Submitted to Exec Office Council approved (if necessary) Executive signed Contractor Original Returned to dept. County Original to Council Date [electronic] hard copy printed ✓u�a. Date 3 1 3 o h a. [summary via electronic; hardcopies] Date Date Date Date 254 WHATCOM COUNTY CONTRACT ATTORNEY REVIEW [submit via electronic transmittal] Whatcom County Contract No. Originating Department: Public Works Contact Person: Robert Ney, M&O Assistant Superintendent Contractor's Name: Washington State Department of Transportation First Review: 4,, Approved As Is; Prepare Hardcopy for Signoff O Needs Revision; Attorney Comments for suggested changes: Second Review: Olmplemented 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: v.1.0 255 COUNTY ORIGINAL:� ��J�i �� � ���.� fCONTRACT NO. a.oI-L030a3—I LOCAL AGENCY ' RECIPROCAL MAINTENANCE AGREEMENT This Agreement, made and entered into this __ day of , 20_, between Whatcom County, hereafter called the "COUNTY" and the Snohomish County, 3000 Rockefeller Ave, Everett, WA, hereinafter called the "LOCAL AGENCY", collectively referred to herein as die "PARTIES". WHEREAS, die PARTIES hereto are each charged with the responsibility of maintaining their streets and roads and maintaining staff, equipment and materials to perform the necessary maintenance, and WHEREAS, each of the PARTIES has available resources to provide additional manpower, equipment or materials or has manpower, equipment and materials available in certain locations which could be used by the other party to this Agreement on a reimbursable basis. NOW THEREFORE, in consideration of the terms, conditions, covenants and perfonnances contained herein, or attached and incorporated, and made part hereof: IT IS MUTUALLY AGREED AS FOLLOWS: I. GENERAL It is the purpose of this Agreement to permit the PARTIES to make die most efficient use of their resources by enabling them to cooperate by famishing each other manpower, equipment and materials when available for roadway maintenance activities on a reimbursable basis. This will be done with the understanding that die work of the owner of the requested resources takes first priority. 2. REQUEST FOR SERVICES Each request for service shall be in writing and specify the particular service required, the amounts and types of labor, equipment, and material required, and the location of dte work, and outer information pertinent to dhe request. Upon receipt of the request, the party that has been requested to supply the service shall indicate its acceptance or rejection of the request thereon, have it signed by its official, and retunt one copy to the requesting party with an estimate of cost of services provided. In cases of emergency, the request and approval may be done verbally but must be documented in writing within 48 hours of the verbal request. 256 3. PAYMENT The PARTIES to this agreement agree that the party receiving services under this agreement shall reimburse the party providing the services for its actual direct and related indirect costs. ht addition thereof, ten percent (10%) of the total cost shall be added to cover overhead costs for accounting, billing and administrative services. A certified statement of the costs shall be submitted to the party receiving services and within thirty (30) days thereafter, the party receiving services shall pay the amount of the said statement. 4. LEGAL RELATIONS No liability shall attach to the PARTIES to the agreement by reason of entering into this Agreement except as expressly provided herein. The LOCAL AGENCY shall protect, defend, save harness and indemnify the COUNTY against all claims, suits, and actions arising from negligent, reckless, or intentionally wrongful acts or omissions of the LOCAL AGENCY or its authorized subcontractors, or the agents or employees of either in the performance of this Agreement. The COUNTY shall protect, defend, save harmless and indemnify the LOCAL AGENCY against all claims, suits, and actions arising fiom negligent, reckless, or intentionally wrongful acts or omissions of the COUNTY or its authorized subcontractors, or the agents or employees of either in the performance of this Agreement. 5. TERMINATION Or AGREEMENT The right is reserved by the PARTIES to this agreement to terminate their individual participation in the agreement at any time by giving 30 days written notice to the other PARTY. 6. STIPULATION In the performance of this Agreement, it is mutually understood and agreed by the PARTIES hereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. 7. RECORDATION Upon execution of this Agreement, a copy of it shall be filed by the County with the office of the County Auditor pursuant to the requirements of RCW 39.34. 257 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of the day and year first above written. SNOHOMISH COUNTY r X ame) (Title) STATE OF WASHINGTON } ) ss. County of Snohomish } On this 1 2— day of 20 before me personally appeared Q W�,v� C. pr2-r Qr_ , 7 v . , to me known to be the individual described in and who executed the above instrument and who acknowledged to me the act of signing thereof. WHATCOM COUNTY Recommended for Approval: Department Director ARY PUBLIC in and for the State of Washington residing at [<- IQ' . commission expires Date 258 Approved as to form: Prosecuting Attorney Date Approved: Accepted for Whatcom County By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss. County of Whatcom ) On this day of 120 , 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 thereof. NOTARY PUBLIC in and for the State of Washington residing at My commission expires 259 Letter of Understanding Related to Rental of the Under Bridge Inspection Platform An attachment to the Local Agency Reciprocal Maintenance Agreement between Whatcom County and Snohomish County This Letter of Understanding is an attachment to a Local Agency Reciprocal Maintenance Agreement between Whatcom County and Snohomish County describing the Staff, Equipment and services to be provided during the expected duration of the service period. Whatcom County Contact Person: Robert Ney M&O Assistant Superintendent (360)676-6759 rney@a,co.whatcom.wa.us Snohomish County Contact Person: John Heighway Bridge Inspector (425) 388-3195 John. Heighway&noco.org Proiect: Bridge inspection equipment rental: Under Bridge Access Hydra Platform. Location: Various bridge sites throughout Snohomish County, as identified in Exhibit A, on an as --needed basis. Equipment to be provided: Whatcom County will provide one Under Bridge Access Hydra Platform buck and trailer. Staff to be provided: Whatcom County will provide one qualified driver and one qualified operator for the Platform truck and trailer. Services to be provided Whatcom County: Whatcom will provide Hydra Platform services for Snohomish County authorized personnel to gain access to various Bridge site locations throughout Snohomish County. Services to be provided by Snohomish Count Snohomish County will be responsible for furnishing a bridge inspector for routine inspections, and the materials and labor needed to perform the- inspection. Snohomish County will also provide for traffic control flagging or allow the temporary closing to traffic of all streets and bridges, or portions thereof, necessary to be closed before any work is commenced thereon. i Snohomish �-;5 lz Date /,5t, Date 260 EXHIBIT A BRIDGES COVERED BY THIS AGREEMENT Structure ID Number Bridge Number Bridge Name Inspection Month 2012 2014 2016 8037500 94 Sultan May May May 8407500 67 Pilchuck River May May May 8611300 200 South Lake Stevens May 8595700 15 Dubuque May 8703000 656 Dutch Creek May 8290200 500 Troublesome Creek May 7989200 101 Larson June June June 8051100 48 Jackson Gulch May 8037200 151 Shin lebolt Slough May 8243400 56 Silverton May 8622300 41 High Bride June 8640400 10 Pilchuck River June 8275700 499 N.F.Sk komish River July 8639700 651 Silvana May 85749010 509 Battle Creek May 8406300 165 Chase Lake August 261 EXHIBIT B ESTIMATED COSTS FOR PLATFORM EQUIPMENT RENTAL AND SERVICES Item Cost Per Inspection Per Costs Bridge 10 hours L $195 / hr, $15.25 Per Diem x 2 *, 10% Platform Truck & Trailer mark up $2,178.57 2012 2014 2016 2012 2014±13$13,071.42 201b Number of bridges to inspect 7 9 6 $1.5,249.99 $19,607. Total Costs: 22 bridges * $2,178.57 $47,928.54 a 8 Hours/day on -site work time assumed, 2 hours travel tine/day. Out oCtown lunch per diem per Washington Per Diem Rate for Snohomish County. Actual time, including travel time and 10% mark-up, will be billed to Snohomish County after each of the three series of inspections. 262 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-149 CLEARANC Initial Date Date Received in Council Office Agenda Date Assigned to: ES AD 3130112 Originator: luau^�uu{+ ((V" E^ E� V fE D 4110112 PWIH/Sa e ty AD 3/30/11 Division Head: APR 0 3 2012 WHATCOM COUNTY 11 COUNCIL De L Head: 3 ��' Prosecutor: Purchasing/Budg et: 1 11 A Executive: v TITLE OF Nh Permanent Intensive Supportive Housing Project ATTACHMENTS: Summary of proposed housing project; Memo to Executive SEPA review required? ( ) Yes ( X ) Should Clerk schedule a hearing ? ( ) Yes (X ) NO NO Requested Date: SEPA review completed? ( ) Yes ( ) NO 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.) Discussion about Permanent Intensive Supportive Housing Project for chronically homeless individuals. 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.waus1council, 263 WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Regina A. Delahunt Di recto r Greg Stern, M.D. Health Officer RECEIVED Memorandum MAR 3 0 2012 TO: Jack Louws, Whatcom County Executive JACK LOUWS FROM: Regina Ate. Delahunt, Director COUNTY EXECUTIVE DATE: March 30, 2012 RE: Agenda Item: Permanent Intensive Supportive Housing Project Public Works, Health, Safety Committee Meeting, April 10, 2012 The Health Department has reviewed its feedback from Advisory Boards and other stakeholders regarding priorities for housing our most vulnerable and chronically homeless citizens. Whatcom County has not experienced the desired level of success in procuring and sustaining suitable housing for these individuals. Our stakeholders and advisory boards support the goal of using local dollars to successfully house and treat these citizens. They look to the Health Department to recommend the level of funding dedicated to this service. The County has been approached by a local housing provider who intends to pursue state and federal housing dollars to build a low-income housing complex in Bellingham that could provide sustainable supportive housing to this population. The provider requires some local dollars in order to leverage these monies. The total amount of the proposed capital project is $9 million, with a request that the County contribute $1.2 million of that amount. According to state statute, RCW 82.14.460, local sales tax funds for chemical dependency or mental health treatment services, can be used for housing that is a "component of a coordinated ... treatment program or service". Our local fund has a balance of approximately $4.6 million dedicated for capital and start-up programs. A portion of this balance, $3 million, is already dedicated to capital improvements or the new building of a Crisis Stab i I izatio n/Triage facility. Therefore, it is possible that the fund has the monies available to contribute local support to such a project. Research and data from similar programs demonstrates that individuals who need and receive this intensive level of supportive housing experience significant positive outcomes: improved health, reduction in their contacts with law enforcement and emergency services, access and utilization of behavioral health services, and ultimately housing retention. Moreover, individuals challenged with addiction on a daily basis have moved into recovery, beginning to experience productive lives. 509 Girard Street 150 Wrth State Street Bellingham, WA 982 5-4005 PUBLIC HEALTH Bell gham, WA 98225-4551 WAYS WORKING FOR A SAFER AND (360) 676-6724 HEALTHIER WHATCOM COUNTY (360 ) 676-4593 FAX (360) 676-6771 WWW.Whatcomcounty.us/health FAX (360) 676-6772 264 The Health Department seeks a discussion with the County Council's Public Works, Health, Safety Committee to assess the viability of the County's monetary commitment to a capital housing project. A white paper is attached that describes the proposal From Catholic Housing Services. Their timeline for a monetary commitment from the County is short. The County will follow its purchasing policies in all activities related to partnering in a community housing project. 265 The need for project -based housing -first options in our community Substantial progress toward ending homelessness. Since 2008 when our community began implementing its 10-Year Plan to End Homelessness, a collaborative model deploying coordinated entry and housing -first principles has resulted in a 40% decrease in homelessness. Within that figure lie other impressive outcomes: 37% decrease in the number of people who are chronically homeless, and 65% decrease in homeless veterans. But chronic homelessness is still prevalent. Still, this year, we counted 100 chronically homeless individuals. These single persons, 25% of whom are female, have been homeless for more than a year; some have been homeless for decades. Two-thirds (65%) are unsheltered, the rest live in emergency shelter. More than half (61%) report that their last stable housing was here in Whatcom County. Who is chronically homeless? We know from self -reported survey data that 65% of these individuals have a mental illness. Within that group, 14% have a co-occurring, chronic substance abuse disorder, 28% have a physical disability, and 26% have a chronic illness. Despite these disabilities, we know from our own local experience and the experience of other communities that even people with these complex needs can be successfully housed and will engage in services that will lead to recovery. Recent community responses to chronic homelessness. Our community's own experience using a housing -first model with intensive housing case management in scattered site apartments is very positive. The vast majority (90%) of consumers participating in these services retain their housing for more than a year. Importantly, they are also highly likely to engage in community -based services to begin or enhance their recovery. Some have even begun attending college, and many have volunteered at local charities. These outcomes would have not have happened without the housing -first intervention. Low -barrier, harm reduction philosophy and intensive case management have proven to be a successful combination, but some individuals will not succeed in scattered site housing. They need the supervision and structured environment that a fully staffed, project -based housing - first program offers. Project -based permanent supportive housing. Now that we have several years of experience using the scattered site model of housing -first practices, the need for a project -based option has come into sharper focus. A staff supported facility with on -site services and programming will serve well those individuals who are the most vulnerable to victimization and have great difficulty with the relative social isolation that can occur in a scattered site model. We estimate that about half of the chronically homeless individuals we encounter will probably be unsuccessful in scattered site housing, but would do well in the more secure and structured programming that can be offered by a project -based supportive housing program. Currently, there are approximately 50 individuals on the Homeless Service Center's housing interest list who we cannot adequately serve without project -based supportive housing. 266 Ending chronic homelessness also has positive returns on investment for the whole community. For example, even in our scattered site program, we have measured greater than 90% reductions in the number of police contacts, jail bookings and jail days served by people enrolled in our local programs. And the experiences of other communities in project -based programs are impressive: Seattle's 1811 Eastlake project, as reported in the Journal of the American Medical Association, showed a cost savings in emergency health care and law enforcement costs of nearly $2,500 per month per participant compared to a matched control group of people waiting for these services. Similar services in Denver resulted in these cost reductions: emergency room visits (34%), inpatient hospital stays (66%), detox visits (82%), incarceration (76%). Permanent supportive, project -based housing as part of a continuum of care and jail diversion. Currently in our community, existing scattered site and one project -based permanent supportive housing program (City Gate) are linked by our coordinated, single point of entry process to the jail, DOC, the hospital, Sun House, and other referents that are part of a continuum of care for people with behavioral health disorders. Adding another housing option, that is project -based and that truly embraces a harm reduction practice will greatly strengthen this continuum. We know from our most recent homeless census that 25% of chronically homeless persons are re-entering the community from jail, prison, inpatient CD treatment, or psychiatric hospitalization. Connecting a new project -based supportive housing program more closely to crisis triage, law enforcement and EMS services also promises to greatly enhance the capacity and effectiveness of ongoing jail diversion efforts. Proper facility will lead to success. In order to provide an environment that will lead to success for the program and for the consumers, the facility and services will need to be properly designed and funded. The facility, as currently proposed, will be 5 stories located on the 1100 block of Cornwall Ave and be comprised of 42 apartments with about 3,000 sq/ft of office space designed to be occupied by the participating service providers. Whatcom Counseling & Psychiatric Clinic proposes to locate its mental health intensive outpatient program (IOP) in the facility, and additional mental health case managers as space allows. The IOP team is on duty or on call 24.7. We foresee that about 20 of the units would be set aside specifically for the population discussed above, and that the remaining units would be a mixture of homeless and low-income The building will cost approximately $9 million and is proposed to be funded one time by the following sources; -$5 million in private market Low Income Housing Tax Credit (LIHTC) investments -$2.5 million from the WA State Housing Trust fund (HTF), -$1.2 million from Whatcom County Behavioral Health Sales Tax revenues, -$315,000 from the City of Bellingham HOME funds. The $1.2 million investment by Whatcom County would therefore attract about $7.8 million in investment to our community from outside sources. Without this combination of funding, including ample local support, a facility like this could not be created. 267 Services funding would include 24/7 staffing which is proposed to be funded by; - Behavioral Health Sales Tax revenues in the amount of $230,000 annually. This level of services staffing is necessary to ensure these challenging clients succeed, and reduce or eliminate their use of much higher cost services such as our jails and hospitals. Time is of the essence and a local commitment is needed. In order for the developer, Catholic Housing Services of Western Washington, to acquire the outside sources of funding necessary to proceed with this project, numerous timelines must be met. The State HTF applications are due in July/August of 2012 and the LIHTC applications are due around January of 2013. The State HTF and LIHTC applications give stronger consideration to applications that can show commitment of local dollars. If our community wishes to attract outside investment to fill in this missing piece of our continuum of care, a commitment is needed by June of 2012. Return on Investment. The $1.2 million in local capital investment is a strong and wise investment of Mental Health Sales Tax dollars. We propose that 20 units would be committed to serving this population making a per unit cost of $60,000 for a unit with an actual cost over $200,000. Our other funders generally require a 30 year commitment. Service to this specific population would be dependent upon receiving annual services funding support. However, assuming services funding continues for 15 years, this makes a cost of $4,000 per year, or $333 per -unit -per -month. As stated above regarding the study of the Eastlake project in Seattle, this expenditure could save the community over $2,100 per month in reduced emergency room and jail expenses. If services funding were to extend for the full 30 years, per unit costs reduce by half to a mere $167 per month. Even more important these necessary financial considerations, is the fact that this population would now have a more humane existence, surrounded by appropriate services, creating outcomes of higher rates of recovery. This investment at this time makes very good sense for Whatcom County. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-117 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: CIV 3127112 4/10/12 COTW Cathy Craver MCD M�� Division Head: Roxanne Michael APR 03 2012 Dept. Head: 3l� g Sam Ryan UIIHATCOM COUNTY Prosecutor: Royce Buckingham 3 COUNCIL Purchasing/Budget: , Executive: 1 , 7 • 11 v TITLE OF DO T. Proposed Whatcom County Code 20.51 Lake Whatcom Watershed Overlay District ATTACHMENTS: Staff cover memo, Proposed code, Exhibit A -Proposed WCC 20.51, Exhibit B-removal of Lake Whatcom references from remaining Title 20, Exhibit C proposed definition, Exhibit D—other PC recommendations SEPA review required? (x) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (x) NO SEPA review completed? (x) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion of proposed code to amend the Whatcom County Code Title 20, creating Chapter 20.51 Lake Whatcom Watershed Overlay District to address stormwater and land use regulations in the Lake Whatcom watershed. 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. L17ZI 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: Cathy Craver, Planner II lam" DATE: March 27, 2012 ].E. "Sam" Ryan Director MAR 2 8 2012 JACK LOUWS COUNTY EXECUTIVE SUBJECT: Proposed Stormwater and Land Use Code for the Lake Whatcom Watershed The purpose of the April 10, 2012 committee meeting is to have a discussion on the general content of the proposed Chapter 20.51. Attached are Exhibits A-D of the recommended changes to the proposed code WCC 20.51 Lake Whatcom Watershed Overlay District made by the Whatcom County Planning Commission. The proposed code is intended to address specific criteria set out by the Washington State Department of Ecology to address new development regulations in regards to phosphorus contributions into Lake Whatcom. The code is intended to be in effect by the beginning of the construction season for the Lake Whatcom watershed, June 1, 2012. Findings of Fact of Reason will be forwarded to the Council after Planning Commission approval on April 12, 2012. Exhibits A-C are recommended code changes by the Planning Commission. Exhibit D is a document of policy recommendations submitted by a Planning Commissioner regarding potential management options for water quality in the Lake Whatcom watershed. They are not land use code, but they are a Planning Commission recommendation for the Council to consider. Encl. 1 270 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: March 13, 2012 ORDINANCE NO. AMENDING THE WHATCOM COUNTY ZONING CODE TO CREATE THE LAKE WHATCOM WATERSHED OVERLAY DISTRICT WHEREAS, Lake Whatcom is the drinking wader%source for approximately half the residents of Whatcom County; and WHEREAS, the preservation and protection of drin"kin,g water is a high priority for Whatcom County; and WHEREAS, Whatcom County has adopted goals and policies, to protect Lake Whatcom; and WHEREAS, in 1998, Whatcom; County, the; City of Bellingham, and the Lake Whatcom Water and Sewer District.form'alized their Joint commitment to protect and manage the lake through the adoption o,an interlocaI agreement concerning the joint management of.the lake creating the Lake Whatcom Management Program (LWMP); and WHEREAS, 'Vllhatcom County CodeF 20.71 has established the Lake Whatcom watershed as part of a Watershed Resour`ce';r;Protection Overlay District that provides additional controls to preserve,_and,:protect unique and important water resources within Whatcom County; and WHEREAS, Whatcom County Code 20.80.635 has established the Lake Whatcom: watershed as part of a Stormwater Special District that provides additional stormwater, controls to preserve and . protect unique and important water resources within Whatcom County; and WHEREAS, Whatcom County Code 20.80.735 includes the Lake Whatcom watershed as part of a Water Resource Special Management Area that establishes a more stringent standard for clearing activity in highly valued water resource areas within Whatcom County; and WHEREAS, Washington State Department of Ecology has listed Lake Whatcom as an impaired waterbody and placed Lake Whatcom on the federal Clean Water Act 303(d) list because of low oxygen levels; and WHEREAS, the Lake Whatcom Watershed Total Phosphorus and Bacteria Total Maximum Daily Loads (TMDL) Water Quality Study Findings (November 2008) provides data on the amount of phosphorus loading Lake Whatcom can naturally receive to meet Page 1 of 4 271 State water quality standards for dissolved oxygen; and WHEREAS, the Department of Ecology has provided criteria to Whatcom County to address phosphorus loading From certain development actions to comply with portions of the TMDL; and WHEREAS, the proposed amendments meet the criteria provided by the Department of Ecology; and 2) On March 10, 2011, Whatcom County sent a letter to the Department of Ecology communicating Whatcom County's commitment to accelerate the timeline for the development and implementation of regulations addressing phosphorus loading resulting from new development in the Lake Whatcom watershed. (Exhibit D) 3) Whatcom County received criteria from the Department of Ecology regarding phosphorus loading from new development to be utilized in developing regulations to comply with the TMDL. (Exhibit E) 4) Between March 23, 2011 and October 26, 2011, Whatcom County staff held (5) coordination meetings with the Department of Ecology to update and refine proposed regulations based on Whatcom County's letter of commitment dated March 10, 2011 to the Department of Ecology to expedite Page 2 of 4 272 amending Title 20 to address criteria affecting development in the Lake Whatcom watershed. 5) Whatcom County provided the Department of Ecology reports on permit of activity within the Lake Whatcom watershed for the construction season (June 1, 2011 to September 16, 2011). 6) On October 6, 2011 a Request for an Expedited Review of Development Regulations was filed with the Washington State. Department of Commerce. 7) On October 11, 2011 the Department of Commerce notified Whatcom County that the Expedited Review notice wasg ce" d and the proposal was forwarded to public agencies for commegtt`�� � 8) As required by WCC 20.90.050(2) ,environmental review through the State Environmental Policy Act was required. The Whatcorn�County SEPA official issued a SEPA determination of n`on significance (DNS)`-fior this non -project action on October 31, 2011. 9) Whatcom County staff held public workshops on November 1, 2011 at the Whatcom County Council Chambers, and on November 2, 2011 at Bloedel- Donovan Park Facility regarding the proposed" amendments. 10) Notice of the Whatcom County Planning Commission public hearing was published November 5, ',2011. 11) The Whatcom ,, County � Planning `Commission held a public hearings on November.._17, 2011:,.January 12, 201,2; and March 8, 2012 on the proposed zoning text,6mendment`. CONCLUSIONS 1. The proposed amendments are consistent with the Comprehensive Plan, and are in the public interest. 2. The proposed amendments are consistent with the criteria of the Washington State Department of Ecology to meet phosphorus loading allocations from new development. 3. Because changing conditions have created a threat to public heath and/or safety, and because this ordinance will reasonably address that threat, this ordinance shall apply to all lots of record existing or created before, on, or after its effective date. Page 3 of 4 273 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County zoning code (WCC Title 20) is hereby amended as shown in Exhibit A, B, and C. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this ATTEST: Dana Brown -Davis, Civil Deputy Prosecutor day of _ WHATC( M COu`NTY COUNCIL M ,COUNTY, WASHIN`6TON ;tSairrawford Council Chair Executive Date: Page 4 of 4 Pete Kremen, 274 EXHIBIT A -PROPOSED CHAPTER 20.51 1 Chapter 20.51 2 LAKE WHATCOM WATERSHED OVERLAY DISTRICT 3 4 5 6 7 8 9 10 11 12 20.51.010 Purpose. The Lake Whatcom Watershed Overlay District is intended to manage and treat stormwater runoff and establish more stringent standards on clearing activities in order to preserve and protect a unique and important water resource, Lake Whatcom. This district is designed to protect the long-term viability of Lake Whatcom as a drinking water source, and to comply with the requirements set forth by the Washington State Department of Ecology through the pending Lake Whatcom Total Maximum Daily Load (TMDL) by limiting the phosphorus loading into Lake Whatcom that results from land disturbing or conversion projects, work, or activities. 13 20.51.030 Area and Applicability. 14 (1) The Lake Whatcom Watershed Overlay District is an overlay zone that covers the entire geographic 15 area of the Lake Whatcom watershed within Whatcom County's jurisdiction, and applies to all land 16 disturbing or conversion projects, work or activities within the overlay zone. 17 (2) In the event that the provisions of this chapter conflict with the provisions of the Shoreline 18 Management Program (WCC Title 23), Chapter 16.16 WCC, Critical Areas, the Whatcom County 19 Development Standards, the provisions of the underlying zoning district or other applicable county 20 policies or regulations, then the most restrictive shall apply; provided, that the minimum setback 21 provisions established in WCC 20.51.340 shall prevail. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 22 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 23 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 24 25 20.51.040 Conformance. 26 The provisions of this chapter overlay other permit and approval requirements of the Whatcom County 27 Code. All use and development shall conform to all relevant requirements and standards of: 28 (1) Whatcom County Code, Title 20, Zoning, except as modified by this chapter; 29 (2) The International Building and Fire Codes; 30 (3) Whatcom County Critical Area Ordinance 16.16; 31 (4) Flood Damage Prevention, Title 17; 32 (5) Subdivision, Title 21, except as modified by this chapter; 33 (6) Whatcom County Development Standards - Stormwater, Chapter 2, except as modified by this 34 chapter; 35 (7) Whatcom County Development Standards, Stormwater Special Districts, Chapter 2-Section 221, 36 except as modified by this chapter; 37 (8) Whatcom County Code, Title 23, Shoreline Management Program; 1 275 EXHIBIT A -PROPOSED CHAPTER 20.51 38 (9) Whatcom County Code, Title 24 Health Code; and 39 All other applicable official controls 40 41 42 20.51.050 Permitted Uses. 43 All permitted uses in the underlying zone districts are permitted except as expressly prohibited, made 44 conditional, or further conditioned by this chapter. 45 .051 Private noncommercial greenhouses less than 250 square feet. (Ord. 2009-009 Exh. A, 2009; Ord. 46 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; 47 Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 48 20.51.060 Accessory uses. 49 All accessory uses in the underlying zone districts are permitted except as expressly prohibited or made 50 conditional, or further conditioned by this chapter. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; 51 Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; 52 Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 53 20.51.070 Conditional Uses. 54 All conditional uses in the underlying zone districts shall remain conditional uses unless expressly 55 prohibited, made conditional, or further conditioned by this chapter. In addition, the following uses shall 56 only be conditionally permitted: 57 .071 On -site storage facilities for hazardous wastes associated with outright permitted uses or approved 58 conditional uses, other than cottage industries as defined in WCC 20.51.095, subject to the most current 59 siting criteria under Chapter 173-303 WAC within the Rural, Rural Forestry, Commercial Forestry, 60 Neighborhood Commercial and Resort Commercial Zone Districts only. 61 .072 Retail or wholesale plant nurseries or greenhouses for storage, propagation and culture of plants, 62 provided: 63 (1) Greenhouses shall not be larger than 1,000 square feet. 64 (2) Greenhouses and cultivated ground shall not be located within 250 feet of Lake Whatcom or streams 65 subject to the Shoreline Management Program; 200 feet from fish -bearing streams; or 150 feet from other 66 streams and their tributaries that flow into Lake Whatcom. 67 (3) A monitoring program has been established to ensure that chemical and pesticide quantities in 68 stormwater runoff do not exceed state water quality standards. Complete control of drainage from the 2 276 EXHIBIT A -PROPOSED CHAPTER 20.51 69 operation shall be in effect. Such runoff will be tested for pollutants bimonthly by a licensed water quality 70 testing agency. All requirements will be met at the owner's expense. 71 (4) No person shall apply a commercial fertilizer, either liquid or granular, that is labeled as containing 72 more than zero percent phosphorous or other compound containing phosphorous, such as phosphate; 73 provided, that such fertilizers may be used for establishment of new vegetation in the first growing 74 season. 75 .073 Type I solid waste handling facilities, except: 76 (1) Moderate risk waste facilities; and 77 (2) Facilities in the Recreation and Open Space District. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 78 2005; Ord. 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. 79 A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 80 20.51.080 Prohibited Uses. 81 In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited, except 82 as per Chapter 20.83 WCC: 83 .081 Dry cleaning establishments. 84 .082 Gas stations, service stations, combustion engine repair garages and automotive wrecking yards. 85 .083 Sod farming. 86 .084 Aquaculture and mariculture projects. 87 .085 Operation of fur farms. 88 .086 Confinement feeding operations. 89 .087 Asphalt and concrete batch plants. 90 .088 Gravel bar scalping projects within the jurisdiction of the Shoreline Management Program. 91 .089 Utilization of sewage sludge on land. 92 .090 On -site treatment facilities for hazardous wastes. 93 .091 Type I solid waste handling facilities, except those specified in WCC 20.51.073. 94 .092 Type II, Type III, and�Type IV solid waste handling facilities. 3 277 EXHIBIT A -PROPOSED CHAPTER 20.51 95 .093 Golf courses. 96 .094 Cemeteries. 97 .095 Cottage industries that would require on -site hazardous waste storage facilities. 98 .096 Surface mining outside of designated Mineral Resource Lands (MRL) Special Districts; provided, 99 that surface mining, rock crushing, washing and sorting subject to the Forest Practices Act (Chapter 100 76.09 RCW) are permitted. 101 .097 Major passenger intermodal terminals. 102 .098 Freight railroad switching yards and terminals. 103 .099 Agriculture, including animal husbandry, horticulture, viticulture, floriculture, and the cultivation of 104 crops. 105 .100 Animal hospitals and accessory kennels and stables. 106 .101 Commercial kennels and stables. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 107 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; 108 Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 109 20.51.300 Open space. 110 .301 Open space requirements shall be as follows: 111 (1) For uses in the TC and NC Zones, at least 25 percent of the parcel shall be reserved as open space. 112 (2) For uses in the RC Zone, at least 40 percent of the parcel shall be reserved as open space. 113 (3) Open space areas shall be maintained in natural vegetation or landscaped per WCC 20.80.325. 114 (4) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), 115 submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located 116 waterward of the ordinary high water mark shall not be used in open space calculations. 117 20.51.310 Cluster subdivisions. 118 The purpose of cluster subdivision is to provide a method of creating building lots with spatially efficient 119 sizes. Clustering is intended to consolidate development and associated infrastructure, reduce 120 development costs, and increase infrastructure efficiency. Clustering is also intended to help preserve 121 open space and the character of areas, reduce total impervious surface area, and minimize development 122 effects on critical areas and associated buffers, as defined in Chapter 16.16 WCC, and resource lands. 4 278 EXHIBIT A -PROPOSED CHAPTER 20.51 123 Preservation of open space is thereby intended to reduce potential stormwater runoff and associated 124 impacts while assuring protection of viable, undeveloped, and naturally vegetated corridors for wildlife 125 habitat, protection of watersheds, preservation of critical areas, preservation of aesthetic values including 126 view corridors, and preservation of trail and/or recreation areas. (Ord. 2009-009 Exh. A, 2009; Ord. 2005- 127 085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 128 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99- 129 086, 1999). 130 131 20.51.320 Cluster design standards. 132 The creation of new building lots within the Lake Whatcom Watershed Overlay District shall be subject to 133 the following design standards: 134 (1) Cluster subdivisions shall be required for all land divisions resulting in lots less than five acres in size, 135 with the exception of boundary line adjustments. 136 (2) A cluster subdivision shall include a permanent open space reserve area meeting the criteria 137 established in WCC 20.51.330. 138 (3) The minimum cluster lot size requirements of the underlying zone district shall apply. 139 (4) The maximum number of building lots in a lot cluster shall be 10. 140 (5) Clusters containing two or more lots of less than one acre within a proposed development shall be 141 separated by at least 80 feet. 142 (6) Clustered building lots may only be created through the subdivision, short subdivision or binding site 143 plan process pursuant to WCC Title 21. 144 (7) Building lots shall be designed and located to be compatible with, and avoid disturbance of, critical 145 areas or known archaeological sites, as well as physical constraints of the site. 146 (8) Building lots shall be arranged in a cluster/concentrated pattern. 147 (9) A cluster subdivision shall have no more than two common encroachments on existing county roads 148 unless site constraints require additional road access. The arrangement of clustered building lots shall be 149 designed to avoid development forms commonly known as linear, straight line or highway strip patterns. 150 (10) As applicable, interior streets shall be designed to allow future vehicular access to any portion of the 151 reserve tract which may be divided into future building lots; provided, that the required permanent open 5 279 EXHIBIT A -PROPOSED CHAPTER 20.51 152 space reserve area, pursuant to WCC 20.51.330, shall not be further subdivided. (Ord. 2009-009 Exh. A, 153 2009; Ord. 2005-085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 154 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 155 20.51.330 Open space reserve area. 156 (1) For purposes of this title, an "open space reserve area" shall be defined as that portion of a 157 subdivision or short subdivision set aside in accordance with this chapter, and permanently dedicated for 158 active or passive recreation, critical area protection, natural resource or archaeological site preservation, 159 wildlife habitat and/or visual enjoyment, and shall be consistent with the definition of "open space" 160 pursuant to WCC 20.97.275. 161 (2) The open space reserve area shall be subject to the following provisions: 162 (a) The minimum open space reserve area shall be determined by the minimum cluster subdivision 163 reserve area requirements of the underlying zone district. 164 (b) A permanent open space reserve area shall be protected using one of the following 165 mechanisms: 166 (i) Placement in a separate nonbuilding tract owned in common by all lots within the 167 subdivision; or 168 (ii) Covered by a protective easement or public or private land trust dedication which protects 169 at least the minimum required cluster reserve area specified in the underlying zone district; or 170 (iii) Preserved through an appropriate permanent protective mechanism that provides the 171 same level of permanent protection as subsection (2)(b)(i) of this section as determined by the 172 county zoning administrator or hearing examiner which applies to at least the minimum 173 required cluster reserve area specified in the underlying zone district. 174 (c) The boundaries of the open space portion of the reserve area may be altered only if the county 175 finds that in dedicating adjacent reserve areas it would further the objectives listed in WCC 176 20.51.310 by altering the reserve area and increasing the area of reserve proportionately on the 177 adjacent land being subdivided so that there is no net reduction in open space reserve area. 178 (d) The purpose of the open space reserve area as defined in subsection (1) of this section shall be 179 recorded on the face of the final plat or short plat. 180 (e) The remaining unused development density and/or impervious surface allowances remaining on 181 the parcel containing the open space reserve area, based on the gross density of the parent parcel, C. EXHIBIT A -PROPOSED CHAPTER 20.51 182 may be assigned to that portion of the reserve tract not subject to the minimum area requirements 183 of subsection (2)(b) of this section. The density shall be recorded on the face of the final plat or 184 short plat. The development rights assigned to the reserve tract in accordance with this subsection 185 may not be transferred if the pervious surface area associated with the reserve tract has been 186 transferred to the other building lots within the subdivision. 187 (f) The requirements stated in subsections (2)(c) and (d) of this section shall be recorded as a 188 restriction on the face of the final plat or short plat, and shall constitute an agreement between 189 Whatcom County and the current/future owner(s) of record that shall run with the land. Said 190 restriction(s) may be amended by mutual agreement between said parties after review for 191 consistency and compliance with the official Whatcom County Zoning Ordinance, the Whatcom 192 County Subdivision Ordinance, and the Whatcom County Comprehensive Plan. 193 (g) For cluster subdivisions approved after December 7, 1999, that portion of the reserve tract 194 which is kept in pervious open space may be counted toward pervious surface area requirements 195 for the building lots in the subdivision on a prorated basis. (Ord. 2009-009 Exh. A, 2009; Ord. 2005- 196 085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; 197 Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 198 20.51.340 Building setbackibuffer areas. 199 .341 Setbacks for all properties within the overlay district shall be as follows: Class I and Class II roads 200 shall have a minimum setback of 30 feet; and Class III, IV and V roads shall have a minimum setback of 201 20 feet; provided, that the road right-of-way meets the minimum standard for road rights -of -way pursuant 202 to the Whatcom County Development Standards. 203 .342 Roof overhangs or other overhanging architectural features shall not project further than 18 inches 204 into the side or rear yard setbacks. Such overhangs may extend three feet into the front yard setback; 205 however, in no case shall they extend more than one-half the depth of the front yard setback. (Ord. 2009- 206 009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 207 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-062 § 1, 2001; Ord. 2001- 208 021 § 1, 2001; Ord. 99-086, 1999). 209 20.51.350 Development criteria. 210 (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 211 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 212 2001). 213 20.51.360 Parking space dimensions. 7 281 EXHIBIT A -PROPOSED CHAPTER 20.51 214 A standard parking space shall have the rectangular dimensions of 10 feet in width and 20 feet in length; 215 provided, that for any parking area of six or more spaces, 50 percent of all spaces may have the 216 rectangular dimensions of eight feet in width and 15 feet in length; and further provided, that these spaces 217 are marked for use by compact automobiles. Except in single-family residential areas, all dimensions shall 218 be exclusive of driveways, aisles and other circulation areas required under WCC 20.80.560 and 219 20.80.570. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003- 220 049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 221 § 1, 2001; Ord. 99-086, 1999). 222 20.51.370 Parking requirements. 223 Parking shall conform to the requirements of WCC 20.80.500 through 20.80.590 unless otherwise 224 specified in this section. Minimum parking requirements may be reduced through any of the following 225 methods: 226 (1) A shared parking agreement has been filed with the county auditor establishing a shared parking lot 227 for land uses with noncompeting hours of operation, or for multitenant retail and commercial facilities; 228 provided, the parking lot is not located further than 700 feet from any of the uses it is intended to serve. 229 (a) The minimum required parking in shared facilities shall be based on the land use with the 230 highest parking demand. 231 (b) Mixed use developments with similar operating hours may be required to submit a parking 232 demand study to determine if parking can be combined. 233 (2) A 20 percent reduction may be approved if an establishment is located within 1,000 feet of any 234 regularly scheduled bus stop. 235 (3) The zoning administrator determines that a reduced requirement will reduce overall impervious 236 surfaces while maintaining consistency with this title. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 237 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 238 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 239 20.51.390 Vehicular access. 240 Driveways and curb cuts shall be minimized along all arterial and collector roads. Each existing lot shall 241 be allowed only one driveway or curb cut; adjacent lots are encouraged to share access points. In new 242 developments, lots or leased sites shall be oriented toward internal driveways, parking areas, or roads 243 with limited access to arterial or collector roads. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; 244 Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; 245 Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 8 282 EXHIBIT A -PROPOSED CHAPTER 20.51 246 20.51.400 Roads, curbs, gutters and sidewalks. 247 The intent of this section is to reduce impervious surfaces and stormwater runoff. Innovative street 248 sections, which do not compromise public safety, shall be encouraged in the watershed. Narrow streets 249 and reduced sidewalk standards that satisfy pedestrian and vehicular circulation requirements may be 250 implemented with the approval of the Whatcom County public works department. Unless specifically 251 required, roads shall not be wider than the minimum applicable standard. A rural road standard may be 252 approved by the Whatcom County public works department for urban density residential areas where the 253 developer provides adequate off-street parking and pedestrian walkways. (Ord. 2009-009 Exh. A, 2009; 254 Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 255 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 256 257 20.51.410 Seasonal Clearing Activity Limitations 258 The intent of seasonal clearing activity limitations is to establish a more stringent standard for clearing 259 activity in highly valued water resource areas, environmentally sensitive areas, or areas where natural 260 conditions are so unstable that clearing activity in the areas can result in hazardous conditions. 261 Implementation of best management practices, including phased clearing, tree retention and seasonal 262 clearing limitations, is intended to limit the amount of exposed soils on site that are susceptible to erosion 263 at any one time, thereby improving site stability during development and reducing potential for transport of 264 dissolved pollutants and sediments off site. Preservation of existing trees on site also reduces the 265 quantity and maintains the quality of stormwater leaving a site during and after development activities by 266 encouraging interception, infiltration and evapotranspiration of rainfall and surface runoff. 267 (1) County review and approval shall be required for all clearing activities associated with a fill and grade 268 permit, building permit or other development proposal. 269 (2) Clearing activity, as defined in WCC 20.97.054, that will result in exposed soils exceeding 500 square 270 feet shall not be permitted from October 1 st through May 31 st; provided, that: 271 (3) The zoning administrator may approve an exemption to this requirement for the following activities: 272 (a) Routine maintenance and repair of erosion and sediment control measures; 273 (b) Activities located at or waterward of the ordinary high water mark subject to state, federal, 274 and/or local (per Chapter 16.16 WCC and/or WCC Title 23) conditions of approval requiring 275 commencement of clearing activity between October 1St and May 31t for purposes of minimizing 276 surface water disturbance and site inundation by high water or wave action; 277 (c) Activities necessary to address an emergency that presents an unanticipated and imminent 278 threat to public health, safety or the environment that requires immediate action within a time too 4 283 EXHIBIT A -PROPOSED CHAPTER 20.51 279 short to allow full compliance with this section. Upon abatement of the emergency situation, the 280 clearing activity shall be reviewed for consistency with this chapter and may be subject to 281 additional permit requirements; provided, that the applicant shall make a reasonable attempt to 282 contact the zoning administrator prior to the activity. When prior notice is not feasible, notification 283 of the action shall be submitted to the zoning administrator as soon as the emergency is 284 addressed and no later than two business days following such action. Emergency construction 285 does not include development of new permanent protective structures where none previously 286 existed. 287 (d) The proposed activity does not involve the conversion of forest land, is outside critical areas 288 and associated buffers, and is exclusively related to agriculture as defined in this title; or 289 (e) The proposed activity consists of nonconversion forest practices, other than Class IV -General 290 forest practices on platted land, and other than those with an approved COHP regulated under 291 Chapter 76.09 RCW; or 292 (4) To ensure compliance with subsection (2) of this section, Whatcom County planning and development 293 services shall not issue development permits requiring more than 500 square feet of land disturbance 294 located within the Lake Whatcom watershed within two weeks prior to the watershed seasonal closure on 295 October 1 st. 296 (5) Soil disturbance associated with an exempt clearing activity shall be minimized to the maximum extent 297 practicable. The zoning administrator shall have the authority to condition an exempt activity to ensure 298 that temporary erosion and sediment control measures will be implemented. 299 (6) An exemption from the seasonal land clearing requirements of this section does not grant 300 authorization for any work to be done in a manner that does not comply with other provisions of this 301 chapter or other applicable development regulations. 302 (7) Within the Lake Whatcom Watershed Overlay District, clearing activity must conform to the following 303 conditions: 304 (a) Temporary erosion and sediment control shall be installed and inspected prior to any clearing 305 activity. The technical administrator shall conduct periodic inspections to ensure the integrity of 306 temporary erosion and sediment controls. Temporary erosion and sediment control measures 307 include, but are not limited to, installation of silt fencing, installation of check dams, covering of 308 excavation piles, and mulching of exposed soils, as specified in the Whatcom County 309 Development Standards. 310 (b) Phased Clearing. Construction activities and clearing activities shall be phased to limit the 311 amount of exposed soil that occurs at any one time, if determined to be appropriate by the 10 EXHIBIT A -PROPOSED CHAPTER 20.51 312 technical administrator, based on site characteristics or constraints including, but not limited to, 313 slopes, proximity to shorelines and wetlands. A phased clearing plan may be required. A phased 314 clearing plan, if required, shall be submitted for review and approval by the technical 315 administrator prior to any clearing activity and shall contain a detailed construction schedule or 316 timeline. 317 (c) Soil Stabilization. All disturbed areas shall be provided with soil stabilization within two days 318 of the time of disturbance. The technical administrator may approve an exemption to this 319 requirement when a tree canopy area retention plan includes a soil stabilization plan. This plan 320 component must specifically detail erosion and sediment control and stormwater runoff 321 measures that provide runoff control equal to or greater than the protection provided by the 322 standard two-day soil stabilization requirements of this section. 323 324 20.51.420 Permanent Stormwater Management Systems 325 (1) Exemptions. This section does not apply to any of the following projects, work, or activities (which 326 does not necessarily exempt them from other stormwater related titles and/or standards that might 327 otherwise apply; see WCC 20.51.040(6), WCC 20.51.040(7) and WCC 20.80.630(3)) within the Lake 328 Whatcom Watershed Overlay District: 329 330 (a) Installations of, and/or repairs to, and/or replacements of, any of the following facilities: 331 332 1. Below grade: 333 i. Pipe, 334 ii. Conduit, 335 iii. Ductwork, 336 iv. Cabling and wiring (direct burial or conduit encased), 337 338 2. Above grade: 339 i. Utility or light poles, 340 ii. Communication and/or data transmission systems pedestals, 341 342 3. Below grade, at grade, and/or above grade appurtenances to any of the above respective 343 facilities. 344 345 (b) Roof replacements and/or conversions at the same, or less, surface area. Conversions to 346 metal roofs require coatings with inert non -leachable materials. 347 348 (c) Deck, porch, and/or other raised surfaces area replacements at the same, or less, surface area. 11 285 EXHIBIT A -PROPOSED CHAPTER 20.51 349 350 (d) Land disturbing activities (per WCC 20.97 definition) of less than 5,000 square feet in total 351 area, excluding any impervious surface area work within the land area disturbed. 352 353 (e) Projects, work, or activities that will create less than: 354 355 1. 501 square feet of previously nonexistent impervious surface area and/or permeable 356 pavement area (per WCC 20.97 definitions), and/or 357 358 2. 1,501 square feet of replaced impervious surface area and/or replaced permeable 359 pavement area (per WCC 20.97 definitions). 360 361 (f) Any new parcels created by a proposed subdivision or short subdivision (per WCC 362 21.10.020(32) definition) if the created parcel(s) is/are greater than 22,000 gross square feet in 363 area. 364 365 (g) Maintenance (e.g., debris, moss, and/ or mildew removal) of existing impervious surface areas 366 and/or permeable pavement areas. Pre-existing nonconforming impervious surfaces may be 367 routinely maintained/repaired. 368 369 (h) If a legal nonconforming structures are destroyed, the nonconforming use may be 370 reconstructed using the pre-existing footprint. Damage repairs (e.g., from fire, wind, falling 371 trees or limbs, flooding) to existing impervious surface areas and/or permeable pavement areas 372 within their same respective existing footprints. Expansion of nonconforming impervious 373 surfaces shall be subject to this ordinance. 374 375 (2) Best Management Practices. 376 377 (a) Unless otherwise exempt per WCC 20.51.420(1), or unless a standard land use vesting 378 determination concludes otherwise, all projects, work, or activities, including subdivisions, 379 binding site plans, and non-exempt new short subdivision parcels, proposed to occur within the 380 Lake Whatcom Watershed Overlay District shall incorporate presumptive BMPs and/or 381 demonstrative BMPs, per WCC 20.51.420(2)(c) and/or WCC 20.51.420(2)(d), respectively, to: 382 383 (1) All project, work, or activity affected: 384 385 i. Net land area disturbed (per WCC 20.97 definition, and/or 12 EXHIBIT A -PROPOSED CHAPTER 20.51 386 387 ii. Newly created and/or replaced: 388 A. Net new impervious surface area (per WCC 20.97 definition), and/or 389 B. Net replaced impervious surface area (per WCC 20.97 definition), and/or 390 C. Net new permeable pavement area (per WCC 20.97 definition), and/or 391 D. Net replaced permeable pavement area (per WCC 20.97 definition), and/or 392 393 iii. The land area subdivided, and/or 394 395 (2) Existing off -parcel phosphorus -unmitigated areas and/or on -parcel phosphorus -unmitigated 396 areas within the entire Lake Whatcom Watershed at a 2:1 ratio of phosphorus -unmitigated 397 area to the corresponding project, work, or activity affected area(s) that WCC 398 20.51.420(2)(a)(1)(i) — (ii) outlines. 399 400 (b) The development stormwater runoff (per WCC 20.97 definition) phosphorus loading profile from 401 each phosphorus -mitigated area noted in WCC 20.51.420(2)(a)(1) & (2) shall not exceed by a 402 factor of 125 the corresponding, natural stormwater runoff (per WCC 20.97 definition) 403 phosphorus loading profile from each respective phosphorus -mitigated area. 404 405 (c) Presumptive BMPs (per WCC 20.97, definition). Presumptive BMPs, which are combinable with 406 each other and with demonstrative BMPs, follow: 407 408 1. Full infiltration. See current Stormwater Manual (per WCC 20.97 definition) Volume III 409 Chapter III Section 3.3.9(A). Use of this BMP requires an engineered design (per WCC 410 20.97 definition). 411 412 2. Full dispersion: 413 414 i. See current Stormwater Manual Volume V Chapter 5 BMP T5.30. This BMP might, but 415 does not necessarily, require an engineered design. See current Stormwater Manual 416 Volume I Chapter 3 page 3-1 to determine need for an engineered design. 417 418 ii. See current Stormwater Manual Volume III Appendix C paragraph 7.2.1. Use of this 419 BMP requires an engineered design. If impervious surface areas exceed 10% of the 420 site, those excess impervious surface areas shall not drain to the native vegetation 421 area. The excess impervious surface areas are subject to the treatment and flow 13 287 EXHIBIT A -PROPOSED CHAPTER 20.51 422 control requirements of WCC 20.51.420(2)(a)(1), and/or WCC 20.51.420(2)(a)2.i, 423 and/or WCC 20.51.420(2)(a)2.iii, and/or WCC 20.51.420(2)(a)(3). 424 425 iii. See current Stormwater Manual Volume III Appendix C paragraph 7.2.2. Use of this 426 BMP requires an engineered design. 427 428 3. Flow dispersion and infiltration. See current Stormwater Manual Volume III Appendix C 429 paragraph 7.2.4. Use of this BMP requires an engineered design. This BMP, which is 430 primarily used for road projects, is adaptable to residential projects where Type A Outwash 431 Soils already exist, and/or are imported and established per the stated criteria. 432 433 (d) Demonstrative BMPs (per WCC 20.97 definition). Demonstrative BMPs, which are combinable 434 with each other and with presumptive BMPs, use engineered designs that, once constructed or 435 installed, and presuming that system preservation activities occur as prescribed by the design 436 engineer, will satisfy current Stormwater Manual Minimum Requirement numbers 3 — 8, and 10, 437 disregarding any Minimum Requirement applicability thresholds therein, while also conforming 438 to at least one of the following: 439 440 1. The engineered design limits the estimated phosphorus loading in development stormwater 441 runoff to less than 0.1875 lb of P/acre/year. Engineered designs shall cite and use only 442 WSDOE-approved references for estimated phosphorus loading information and criteria. 443 444 2. The monthly development stormwater runoff volume does not exceed the monthly natural 445 stormwater runoff volume of the project, work, or activity affected areas, as determined by a 446 WSDOE-approved continuous runoff model. 447 448 3. Development stormwater runoff does not occur 449 450 20.51.430 Forest Area Preservation. 451 For the intent and purpose of this chapter, the term "Forested Area" shall refer to the tree canopy and any 452 native vegetation (as defined by the most current version of the Washington State Department of 453 Ecology Stormwater Management Manual for Western Washington) that occurs within the boundaries of 454 the tree canopy.(1) When a permit is not required by 20.51.420(1) tree canopy areas may be removed 455 when limited to those canopy areas affected under the following circumstances: 456 (1) Fire prevention methods when supported by the county fire marshal; 14 EXHIBIT A -PROPOSED CHAPTER 20.51 457 (2) Hazard trees, as defined in Chapter 20.97 WCC, are identified (an evaluation and 458 determination by a licensed arborist may be required); 459 (3) Encroachments where the trunk, branches or roots would be, or are, in contact with main or 460 accessory structures; or 461 (4) Where installation and/or maintenance of roads or utilities would unavoidably require removal 462 or cutting through the root system. 463 464 465 466 15 • 290 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 Chapter 20.71 WATER RESOURCE PROTECTION OVERLAY DISTRICT* Sections: 20.71.010 Purpose. 20.71.020 Application. 20.71.021 Area and applicability. 20.71.050 Permitted uses. 20.71.100 Accessory uses. 20.71.150 Conditional uses. 20.71.200 Prohibited uses. 20.71.300 Open space and impervious surfaces. 20.71.350 Cluster subdivisions. 20.71.351 Cluster design standards. 20.71.352 Open space reserve area. 20.71.400 Building setback/buffer areas. 20.71.600 Development criteria. 20.71.601 Parking space dimensions. 20.71.602 Parking requirements. 20.71.603 Alternative surfacing methods. 20.71.604 Vehicular access. 20.71.700 Roads, curbs, gutters and sidewalks. 'Prior legislation: Ord. 2008-035, which expired March 20, 2009, was formerly codified in this chapter. 20.71.010 Purpose. The Water Resource Protection Overlay District is an overlay zone that is intended to impose additional controls to preserve and protect unique and important water resources within Whatcom County. This district is designed to protect the long-term viability of the Lake Whatne Lake Samish and Lake Padden watersheds while creating a regulatory framework to address the needs of these watersheds that are not otherwise provided for in the underlying zone districts. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.020 Application. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001). 20.71.021 Area and applicability. 291 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 (1) The Water Resource Protection Overlay District is an overlay zone that covers the entire geographic area of the Lake Whatcom, Lake Samish and Lake Padden watersheds within Whatcom County's jurisdiction. For purposes of this title, the Lake Samish watershed shall consist of that portion of the Friday Creek subbasin of the Samish River watershed that lies within Whatcom County. (2) This district may be expanded to include other areas through the annual zoning text amendment process. (3) 'fhe , Lake Samish and Lake Padden watersheds are also designated as stormwater special districts pursuant to WCC 20.80.635 and water resource special management areas pursuant to WCC 20.80.735. (4) In the event that the provisions of this chapter conflict with the provisions of the Shoreline Management Program (WCC Title 23), Chapter 16.16 WCC, Critical Areas, the Whatcom County Development Standards, the provisions of the underlying zoning district or other applicable county policies or regulations, then the most restrictive shall apply; provided, that the minimum setback provisions established in WCC 20.71.401 shall prevail. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.050 Permitted uses. All permitted uses in the underlying zone districts are permitted except as expressly prohibited, made conditional, or further conditioned by this chapter. .051 Private noncommercial greenhouses less than 250 square feet. (Ord. 2009-009 Exh. A, 2009; Ord_ 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.100 Accessory uses. All accessory uses in the underlying zone districts are permitted except as expressly prohibited or made conditional, or further conditioned by this chapter. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.150 Conditional uses. All conditional uses in the underlying zone districts shall remain conditional uses unless expressly prohibited, made conditional, or further conditioned by this chapter. In addition, the following uses shall only be conditionally permitted: .151 On -site storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses, other than cottage industries as defined in WCC 20.71.215, subject to the most current 292 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 siting criteria under Chapter 173-303 WAC within the Rural, Rural Forestry, Commercial Forestry, Neighborhood Commercial and Resort Commercial Zone Districts only. .152 Retail or wholesale plant nurseries or greenhouses for storage, propagation and culture of plants, provided: (1) Greenhouses shall not be larger than 1,000 square feet. (2) Greenhouses and cultivated ground shall not be located within 250 feet of , Lake Samish, Lake Padden or streams subject to the Shoreline Management Program; 200 feet from fish - bearing streams; or 150 feet from other streams and their tributaries that flow into , Lake Samish or Lake Padden. (3) A monitoring program has been established to ensure that chemical and pesticide quantities in stormwater runoff do not exceed state water quality standards. Complete control of drainage from the operation shall be in effect. Such runoff will be tested for pollutants bimonthly by a licensed water quality testing agency. All requirements will be met at the owner's expense. (4) No person shall apply a commercial fertilizer, either liquid or granular, that is labeled as containing more than zero percent phosphorous or other compound containing phosphorous, such as phosphate; provided, that such fertilizers may be used for establishment of new vegetation in the first growing season. .185 Type I solid waste handling facilities, except: (1) Moderate risk waste facilities; and (2) Facilities in the Recreation and Open Space District. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord_ 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.200 Prohibited uses. In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited, except as per Chapter 20.83 WCC: .201 Dry cleaning establishments. .202 Gas stations, service stations, combustion engine repair garages and automotive wrecking yards. .203 Sod farming. .204 Aquaculture and mariculture projects. 293 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 .205 Operation of fur farms. .206 Confinement feeding operations. .207 Asphalt and concrete batch plants. .208 Gravel bar scalping projects within the jurisdiction of the Shoreline Management Program. .209 Utilization of sewage sludge on land. .210 On -site treatment facilities for hazardous wastes. .211 Type I solid waste handling facilities, except those specified in WCC 20.71.185. .212 Type II and Type III solid waste handling facilities. .213 Golf courses. .214 Cemeteries. .215 Cottage industries that would require on -site hazardous waste storage facilities. .216 Surface mining outside of designated Mineral Resource Lands (MRL) Special Districts; provided, that surface mining, rock crushing, washing and sorting subject to the Forest Practices Act (Chapter 76.09 RCW) are permitted. .217 Major passenger intermodal terminals. .218 Freight railroad switching yards and terminals. .219 Agriculture, including animal husbandry, horticulture, viticulture, floriculture, and the cultivation of crops. .220 Animal hospitals and accessory kennels and stables. .221 Commercial kennels and stables. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.300 Open space and impervious surfaces. .301 Open space requirements shall be as follows: (1) For uses in the TC and NC Zones, at least 25 percent of the parcel shall be reserved as open space. 294 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 (2) For uses in the RC Zone, at least 40 percent of the parcel shall be reserved as open space. (3) Open space areas shall be maintained in natural vegetation or landscaped per WCC 20.80.325. (4) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in open space calculations. .302 Impervious surface requirements shall be as follows: (1) For uses in the UR, LIRM and RR Zone Districts, at least 80 percent of the lot or parcel shall be kept free of structures and impervious surfaces. (2) For uses in the R Zone District, at least 90 percent of the lot or parcel shall be kept free of structures and impervious surfaces. (3) Where subsection (1) or (2) of this section does not allow 2,500 square feet of total impervious surface area, 2,500 square feet shall be allowed. (4) Two or more lots of record consolidated pursuant to the provisions of WCC 20.83.070 shall be treated as one undivided parcel for the purpose of calculating total allowable impervious surface. Where two or more lots or parcels are consolidated; are not subject to the provisions of WCC 20.83.070; and are not subject to a permanent restrictive covenant that precludes development of buildings, structures or other improvements not otherwise identified by said covenant, 4,000 square feet of impervious surface shall be allowed. (5) Preexisting nonconforming impervious surfaces may be routinely maintained/repaired or redeveloped; provided, that if 50 percent or greater of the preexisting nonconforming impervious area is to be redeveloped, then the applicable impervious surface limitations of subsections (1), (2) and (3) of this section shall apply. However, if a legal nonconforming structure is destroyed, the nonconforming use may be reconstructed using the pre-existing footprint. Expansion of nonconforming impervious surfaces shall be prohibited. (6) A mobile home within an existing mobile home park may be replaced with a larger mobile home (not to exceed a maximum of 1,500 square feet), provided there is not an increase in the overall number of mobile homes in the park or any increase in other impervious surfaces beyond the new mobile home footprint. (7) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in impervious/pervious surface calculations. 295 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 (8) Any portion of a roof overhang or other overhanging architectural feature which projects further than three feet from the footprint of a structure shall be calculated as impervious surface. (9) Alternative surface methods described in WCC 20.71.603 may be used. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2005-079 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-063 § 1, 2001; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.350 Cluster subdivisions. The purpose of cluster subdivision is to provide a method of creating building lots with spatially efficient sizes. Clustering is intended to consolidate development and associated infrastructure, reduce development costs, and increase infrastructure efficiency. Clustering is also intended to help preserve open space and the character of areas, reduce total impervious surface area, and minimize development effects on critical areas and associated buffers, as defined in Chapter 16.16 WCC, and resource lands. Preservation of open space is thereby intended to reduce potential stormwater runoff and associated impacts while assuring protection of viable, undeveloped, and naturally vegetated corridors for wildlife habitat, protection of watersheds, preservation of critical areas, preservation of aesthetic values including view corridors, and preservation of trail and/or recreation areas. (Ord. 2009-009 Exh. A, 2009; Ord. 2005- 085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99- 086, 1999). 20.71.351 Cluster design standards. The creation of new building lots within Water Resource Protection Overlay Districts shall be subject to the following design standards: (1) Cluster subdivisions shall be required for all land divisions resulting in lots less than five acres in size, with the exception of boundary line adjustments. (2) A cluster subdivision shall include a permanent open space reserve area meeting the criteria established in WCC 20.71.352. (3) The minimum cluster lot size requirements of the underlying zone district shall apply. (4) The maximum number of building lots in a lot cluster shall be 10. (5) Clusters containing two or more lots of less than one acre within a proposed development shall be separated by at least 80 feet. (6) Clustered building lots may only be created through the subdivision, short subdivision or binding site plan process pursuant to WCC Title 21. 296 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 26.80.735 (7) Building lots shall be designed and located to be compatible with, and avoid disturbance of, critical areas or other valuable or unique natural resources or known archaeological sites, as well as physical constraints of the site. (8) Building lots shall be arranged in a cluster/concentrated pattern. (9) A cluster subdivision shall have no more than two common encroachments on existing county roads unless site constraints require additional road access. The arrangement of clustered building lots shall be designed to avoid development forms commonly known as linear, straight line or highway strip patterns. (10) As applicable, interior streets shall be designed to allow future vehicular access to any portion of the reserve tract which may be divided into future building lots; provided, that the required permanent open space reserve area, pursuant to WCC 20.71.352, shall not be further subdivided. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 20.71.352 Open space reserve area. (1) For purposes of this title, an "open space reserve area" shall be. defined as that portion of a subdivision or short subdivision set aside in accordance with this chapter, and permanently dedicated for active or passive recreation, critical area protection, natural resource or archaeological site preservation, wildlife habitat and/or visual enjoyment, and shall be consistent with the definition of "open space" pursuant to WCC 20.97.275. (2) The open space reserve area shall be subject to the following provisions: (a) The minimum open space reserve area shall be determined by the minimum cluster subdivision reserve area requirements of the underlying zone district. (b) A permanent open space reserve area shall be protected using one of the following mechanisms: (i) Placement in a separate nonbuilding tract owned in common by all lots within the subdivision; or (ii) Covered by a protective easement or public or private land trust dedication which protects at least the minimum required cluster reserve area specified in the underlying zone district; or (iii) Preserved through an appropriate permanent protective mechanism that provides the same level of permanent protection as subsection (2)(b)(i) of this section as determined by 297 Exhibit B Removal of ""Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 the county zoning administrator or hearing examiner which applies to at least the minimum required cluster reserve area specified in the underlying zone district. (c) The boundaries of the open space portion of the reserve area may be altered only if the county finds that in dedicating adjacent reserve areas it would further the objectives listed in WCC 20.71.350 by altering the reserve area and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in open space reserve area. (d) The purpose of the open space reserve area as defined in subsection (1) of this section shall be recorded on the face of the final plat or short plat. (e) The remaining unused development density and/or impervious surface allowances remaining on the parcel containing the open space reserve area, based on the gross density of the parent parcel, may be assigned to that portion of the reserve tract not subject to the minimum area requirements of subsection (2)(b) of this section. The density shall be recorded on the face of the final plat or short plat. The development rights assigned to the reserve tract in accordance with this subsection may not be transferred if the pervious surface area associated with the reserve tract has been transferred to the other building lots within the subdivision. (f) The requirements stated in subsections (2)(c) and (d) of this section shall be recorded as a restriction on the face of the final plat or short plat, and shall constitute an agreement between Whatcom County and the current/future owner(s) of record that shall run with the land. Said restriction(s) may be amended by mutual agreement between said parties after review for consistency and compliance with the official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance, and the Whatcom County Comprehensive Plan. (g) For cluster subdivisions approved after December 7, 1999, that portion of the reserve tract which is kept in pervious open space may be counted toward pervious surface area requirements for the building lots in the subdivision on a prorated basis. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 20.71.400 Building setback/buffer areas. .401 Setbacks for all properties within the overlay district shall be as follows: Class I and Class II roads shall have a minimum setback of 30 feet; and Class III, IV and V roads shall have a minimum setback of 20 feet; provided, that the road right-of-way meets the minimum standard for road rights -of -way pursuant to the Whatcom County Development Standards. .402 Roof overhangs or other overhanging architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend three feet into the front yard setback; Me Exhibit B - Removal of ""Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 however, in no case shall they extend more than one-half the depth of the front yard setback. (Ord. 2009- 009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-062 § 1, 2001; Ord. 2001- 021 § 1, 2001; Ord. 99-086, 1999). 20.71.600 Development criteria. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001). 20.71.601 Parking space dimensions. A standard parking space shall have the rectangular dimensions of 10 feet in width and 20 feet in length; provided, that for any parking area of six or more spaces, 50 percent of all spaces may have the rectangular dimensions of eight feet in width and 15 feet in length; and further provided, that these spaces are marked for use by compact automobiles. Except in single-family residential areas, all dimensions shall be exclusive of driveways, aisles and other circulation areas required under WCC 20.80.560 and 20.80.570. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003- 049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.602 Parking requirements. Parking shall conform to the requirements of WCC 20.80.500 through 20.80.590 unless otherwise specified in this section. Minimum parking requirements may be reduced through any of the following methods: (1) A shared parking agreement has been filed with the county auditor establishing a shared parking lot for land uses with noncompeting hours of operation, or for multitenant retail and commercial facilities; provided, the parking lot is not located further than 700 feet from any of the uses it is intended to serve. (a) The minimum required parking in shared facilities shall be based on the land use with the highest parking demand. (b) Mixed use developments with similar operating hours may be required to submit a parking demand study to determine if parking can be combined. (2) A 20 percent reduction may be approved if an establishment is located within 1,000 feet of any regularly scheduled bus stop. (3)'rhe zoning administrator determines that a reduced requirement will reduce overall impervious surfaces while maintaining consistency with this title. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 299 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.603 Alternative surfacing methods. Alternative surfaces including, but not limited to, bark or wood mulch, washed gravel, grid/lattice systems, permeable interlocking pavers, pervious concrete, porous asphalt, and other similar approved materials are encouraged. Alternative surfacing methods may be approved for fringe or overflow parking areas; emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways, patios, driveways, and easement service roads in residential or commercial zones unless site constraints make use of such materials detrimental to water quality. Utilization of alternative surfacing methods shall be subject to review and approval by the Whatcom County public works department, the fire marshal and/or the county ADA coordinator for compliance with other applicable regulations and development standards. Surfaces shall be considered impervious surfaces under WCC 20.71.300 unless the following conditions are met: (1) Bark, wood mulch, and washed gravel shall be designed and installed so that all rain water falling upon the alternative surface will be infiltrated directly beneath the alternative surface without generating surface runoff based on the one-year, 24-hour storm event. (2) Other alternative surface methods shall be designed and installed in accordance with the guidelines in the 2005 Low Impact Development Technical Guidance Manual for Puget Sound or subsequent version, prepared by the Puget Sound Action Team (Publication No. PSAT 0503), as applicable. No pervious surface credit shall be given for projects utilizing an underdrain system. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-049 § 1, 2001; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.604 Vehicular access. Driveways and curb cuts shall be minimized along all arterial and collector roads. Each existing lot shall be allowed only one driveway or curb cut; adjacent lots are encouraged to share access points. In new developments, lots or leased sites shall be oriented toward internal driveways, parking areas, or roads with limited access to arterial or collector roads. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.700 Roads, curbs, gutters and sidewalks. The intent of this section is to reduce impervious surfaces and stormwater runoff. Innovative street sections, which do not compromise public safety, shall be encouraged in the watershed. Narrow streets and reduced sidewalk standards that satisfy pedestrian and vehicular circulation requirements may be implemented with the approval of the Whatcom County public works department. Unless specifically 300 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 required, roads shall not be wider than the minimum applicable standard. A rural road standard may be approved by the Whatcom County public works department for urban density residential areas where the developer provides adequate off-street parking and pedestrian walkways. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.80.635 Stormwater special districts. (1) Whatcom County shall establish the following geographical areas as stormwater special districts: (a) Drayton Harbor watershed. (G)-LbJLake Samish watershed. (d-XcBirch Bay watershed. ((}Lake Padden watershed. (2) Requirements for these areas are contained in WCC 20.80.636 and in the Whatcom County Development Standards, Chapter 2. (Ord. 2009-009 Exh. B, 2009; Ord. 2008-035 Exh. A, 2008; Ord. 2005-030 § 1 Exh. A, 2005; Ord. 2004-051 Exh. A, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 20.80.636 Stormwater special district requirements. In areas designated as stormwater special districts (per WCC 20.80.635), permanent on -site stormwater quality and quantity facilities shall be required on all lots less than five acres in size for projects that meet either of the following criteria: (1) New construction or remodels that increase impervious surfaces by more than 500 square feet; or (2) Renovation projects where the estimated cost of the work exceeds 50 percent of the assessed value of the existing structure. Interior remodels, nonpolluting roof replacements, house maintenance and energy upgrades shall be exempt from this requirement. If stormwater quality and quantity facilities are required based on either of these criteria, the provisions of the Whatcom County Development Standards, Chapter 2, Section 221, shall apply to the entire property, unless it can be demonstrated that off -site facilities would provide better treatment, or unless common detention and water quality facilities meeting the standards of the 1996 Whatcom County Development Standards or the 1992 Department of Ecology Stormwater Management Manual for the Puget Sound 301 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 Basin (or more current versions) have been approved as part of a comprehensive stormwater management plan for that subdivision, binding site plan, short subdivision, or major development approval. (Ord. 2009-009 Exh. B, 2009; Ord. 2005-030 § 1 Exh. A, 2005; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 2000- 066 § 1, 2000). 20.80.735 Water resource special management areas. The purpose of a water resource special management area is to establish a more stringent standard for clearing activity in highly valued water resource areas, environmentally sensitive areas, or areas where natural conditions are so unstable that clearing activity in the areas can result in hazardous conditions. Implementation of best management practices, including phased clearing, tree retention and seasonal clearing limitations, is intended to limit the amount of exposed soils on site that are susceptible to erosion at any one time, thereby improving site stability during development and reducing potential for transport of dissolved pollutants and sediments off site. Preservation of existing trees on site also reduces the quantity and maintains the quality of stormwater leaving a site during and after development activities by encouraging interception, infiltration and evapotranspiration of rainfall and surface runoff. Whatcom County shall establish the following geographic areas as water resource special management areas: • Drayton Harbor watershed; • Lake Padden watershed; • Lake Samish watershed; and • Birch Bay watershed. (1) Water Resource Special Management Area Review Thresholds. County review and approval shall be required for clearing activities which exceed the following thresholds. If the clearing activity does not meet the threshold criteria, county review is not required. However, the owner is still subject to, and must comply with, the minimum requirements established in this chapter and in the Whatcom County Development Standards. (a)Lake ` hatGe , Lake Samish and Lake Padden Watersheds. County review and approval shall be required for all clearing activities associated with a fill and grade permit, building permit or other 302 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 development proposal. Clearing activities which are not associated with a development permit shall require county review if they are: (i) Five thousand square feet or greater during the dry season, June 1 st through September 30th; or (ii) Five hundred square feet or greater during the wet season, October 1 st through May 31 st. (2) Within water resource special management areas, clearing activity must conform to the following conditions: (a) Temporary erosion and sediment control shall be installed and inspected prior to any clearing activity. The technical administrator shall conduct periodic inspections to ensure the integrity of temporary erosion and sediment controls. Temporary erosion and sediment control measures include, but are not limited to, installation of silt fencing, installation of check dams, covering of excavation piles, and mulching of exposed soils, as specified in the Whatcom County Development Standards. (b) Phased Clearing. Construction activities and clearing activities shall be phased to limit the amount of exposed soil that occurs at any one time, if determined to be appropriate by the technical administrator, based on site characteristics or constraints including, but not limited to, slopes, proximity to shorelines and wetlands. A phased clearing plan may be required. A phased clearing plan, if required, shall be submitted for review and approval by the technical administrator prior to any clearing activity and shall contain a detailed construction schedule or timeline. (c) Soil Stabilization. All disturbed areas shall be provided with soil stabilization within two days of the time of disturbance. The technical administrator may approve an exemption to this requirement when a tree canopy area retention plan includes a soil stabilization plan. This plan component must specifically detail erosion and sediment control and stormwater runoff measures that provide runoff control equal to or greater than the protection provided by the standard two-day soil stabilization requirements of this section. (d) Tree Canopy Area Retention. In theLake ` hatGom, Lake Samish and Lake Padden watersheds, in addition to compliance with all other requirements of this title and other titles of the Whatcom County Code, clearing activities on any lot or parcel, with the exception of nonconversion forest practices occurring on lands platted after January 1, 1960, shall comply with the following provisions: (i) Existing tree canopy areas, as defined by the dripline of the tree(s), may be removed for purposes of a building site, driveways, parking areas, and areas to be landscaped, but such 303 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 areas shall not exceed a cumulative total of 5,000 square feet or 35 percent of the existing tree canopy area, whichever is greater. (ii) The following criteria shall be used to determine which tree canopy areas are to be prioritized for retention: (A) Stands of mature native trees; (B) Trees on sensitive slopes, on lands classified as having landslide hazards, or high erosion hazards, as defined under the critical areas ordinance; (C) Trees within critical areas or their associated setback and/or buffer areas as defined under WCC Title 16 or 23; or (D) Trees with significant habitat value as identified by a qualified wildlife biologist or by the technical administrator, per WCC Title 16. (iii) Existing trees and vegetation may be used to meet all or part of the landscaping requirements of this title. (iv) The county shall require that tree canopy areas to be retained are identified on a site plan and clearly flagged, or delineated, on the site. A tree canopy area retention plan must accompany a project or clearing permit application and be approved by the technical administrator before clearing activity takes place. The plan shall contain the following components. - (A) A scaled drawing identifying the following: 1. North arrow; 2. Property boundaries; 3. Existing structures; 4. Site access; 5. Tree canopy areas to be removed; 6. The outer dripline of tree canopy areas to be retained; 7. Critical areas including, but not limited to, slopes, wetlands, and habitat conservation areas; 304 Exhibit B - Removal of `Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 8. Protection measures to be utilized for areas that will be undisturbed; and 9. Areas to be replanted pursuant to subsection (2)(d)(vii) of this section; (B) A planting schedule that indicates the time frame for replanting of trees as applicable; and (C) Provisions for maintenance and monitoring. (v) Prior to any clearing activity or development activity, any tree canopy area designated for retention shall be delineated by temporary fencing, tape, or other indicators around the outer dripline of the trees. Temporary fencing, tape, or other indicators shall be clearly visible and shall be maintained for the duration of the proposed clearing or development activity. Any tree canopy areas designated for retention shall be field verified by the technical administrator before clearing activities begin. Trees within canopy areas designated for retention shall not be damaged by clearing, excavation, ground surface level changes, soil compaction, or any other activities that may cause damage to roots or trunks. Machinery, impervious surfaces, fill and storage of construction materials shall be kept outside of the dripline of the tree canopy areas designated for retention. (vi) Tree canopy areas may be removed when limited to those canopy areas affected under the following circumstances: (A) Fire prevention methods when supported by the county fire marshal; (B) Hazard trees, as defined in Chapter 20.97 WCC, are identified (an evaluation and determination by a licensed arborist or forester may be required); (C) Encroachments where the trunk, branches or roots would be, or are, in contact with main or accessory structures; or (D) Where installation and/or maintenance of roads or utilities would unavoidably require removal or cutting through the root system. (vii) In the event that tree canopy areas in excess of the applicable threshold must be removed to facilitate reasonable use of the site, or to eliminate hazard trees, not less than two replacement trees shall be planted for every tree removed. Replacement trees shall: (A) Be of the same, or similar, native species as those trees removed from site; (B) Be planted to re-establish tree clusters where they previously existed, or to enhance protected tree clusters; 305 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 (C) Be planted in locations appropriate to the species' growth habitat and horticultural requirements; and (D) Be located away from areas where damage is likely. (viii) If any trees within canopy areas designated for retention are damaged or destroyed through the fault of the applicant, agent or successor, the applicant, their agent or successor shall restore the site pursuant to a restoration plan approved by the county. (ix) The county may require a bond or other security in an amount not to exceed 125 percent of the merchantable timber to guarantee retention of existing trees within designated canopy areas during construction. In the event of a dispute between the landowner and the county over the established value, an assessment will be made by a professional forester or arborist whose selection will be made by mutual agreement between the county and the landowner. The fee for the services of the professional forester or arborist shall be paid by the landowner or responsible party. In the event any trees designated to be retained are removed, the county shall require that sufficient trees be re -planted to replace those previously in existence. In the event that replanting does not occur, the county may enforce upon any bond posted. Each tree removed or destroyed shall constitute a separate violation. (e) Seasonal Clearing Activity Limitations. In the , Lake Samish and Lake Padden watersheds, clearing activity, as defined in WCC 20.97.054, that will result in exposed soils exceeding 500 square feet shall not be permitted from October 1 st through May 31 st; provided, that: (i) In addition to the clearing activities exempted under WCC 20.80.733, the zoning administrator may approve an exemption to this requirement for the following activities: (A) Routine maintenance and repair of erosion and sediment control measures; (B) Activities located at or waterward of the ordinary high water mark subject to state, federal, and/or local (per Chapter 16.16 WCC and/or WCC Title 23) conditions of approval requiring commencement of clearing activity during the wet season, as defined in subsection (1)(a)(ii) of this section, for purposes of minimizing surface water disturbance and site inundation by high water or wave action; (C) Activities necessary to address an emergency that presents an unanticipated and imminent threat to public health, safety or the environment that requires immediate action within a time too short to allow full compliance with this section. Upon abatement of the emergency situation, the clearing activity shall be reviewed for consistency with this chapter and may be subject to additional permit requirements; provided, that the 306 Exhibit B - Removal of ""Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 applicant shall make a reasonable attempt to contact the zoning administrator prior to the activity. When prior notice is not feasible, notification of the action shall be submitted to the zoning administrator as soon as the emergency is addressed and no later than two business days following such action. Emergency construction does not include development of new permanent protective structures where none previously existed. (ii) To ensure compliance with subsection (2)(e) of this section, Whatcom County planning and development services shall not issue development permits requiring more than 500 square feet of land disturbance located within the LakeI.Nhatseaa, Lake Samish or Lake Padden watersheds within two weeks prior to the watershed seasonal closure on October 1 st. (iii) Soil disturbance associated with an exempt clearing activity shall be minimized to the maximum extent practicable. The zoning administrator shall have the authority to condition an exempt activity to ensure that temporary erosion and sediment control measures will be implemented. (iv) An exemption from the seasonal land clearing requirements of this section does not grant authorization for any work to be done in a manner that does not comply with other provisions of this chapter or other applicable development regulations. (f) One Hundred Fifty Percent Violation Fines. When a violation occurs in an area designated as a water resource special management area the total fine assessment shall be increased to 150 percent of the standard penalty as provided for in Chapter 20.94 WCC, Enforcement and Penalties. (Ord. 2010-006 Exh. A, 2010; Ord. 2010-001 Exh. A, 2010; 2009-056 Exh. A, 2009; Ord. 2009-009 Exh. B, 2009; Ord. 2005-074 § 1, 2005; Ord. 2005-061 Exh. A, 2005; Ord. 2005-032 Exh. A, 2005; Ord. 2005-030 § 1 Exh. A, 2005; Ord. 2004-051 Exh. A, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003- 032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-053, 2002; Ord. 2002-034, 2002). 307 il: EXHIBIT C-Proposed definitions for WCC 20.97 Current Stormwater Manual- The Washington State Department of Ecology (WSDOE) Stormwater Management Manual for Western Washington edition that is in effect on the date that the County receives a complete application for the project, work, or activity. Demonstrative BMPs- Those BMPs that do not otherwise qualify as presumptive. Development stormwater- Stormwater that results from non-native vegetated areas. Development runoff- Runoff that results from non-native vegetated areas. Development stormwater runoff- Stormwater runoff that originates from non-native vegetated areas. Engineered design- A design performed, and/or supervised, by a Washington State licensed professional engineer. Forested Area — The area encompassed by the tree canopy and any native vegetation that occurs within the boundaries of the tree canopy. Hazard Tree — Any tree that is susceptible to immediate fall due to its condition (damaged, diseased, or dead) or other factors, and which because of its location is at risk of damaging permanent physical improvements to property or causing personal injury. Interflow- The portion of precipitation that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface, e.g., in a roadside ditch, a wetland, a spring, or a seep. Interflow is a function of the soil system depth, permeability, and water -holding capacity. Land disturbing activity- Activity that results in a movement of earth or a change in the existing soil cover (both vegetative and non -vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land -disturbing activity. May- Permissive action. Native Vegetation — Vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been 309 EXHIBIT C-Proposed definitions for WCC 20.97 expected to naturally occur on the site. Examples include trees such as Douglas Fir, Western Hemlock, Western Red Cedar, Alder, Big -leaf Maple, and Vine Maple; shrubs such as willow, elderberry, salmonberry and salal; and herbaceous plants such as sword fern, foam flower, and fire weed. (From Department of Ecology Stormwater Manual) Natural runoff- Runoff that originates from native vegetated areas. Natural stormwater- Stormwater that originates from native vegetated areas. Natural stormwater runoff- Stormwater runoff that originates from native vegetated areas. Net land area disturbed- The quantity of disturbed native vegetated land area minus the quantity of any non-native vegetated land area converted to native vegetation by a proposed project, work, or activity. Net new impervious surface area- The quantity of new minus the quantity of any existing impervious surface area converted to native vegetation by a proposed project, work, or activity. Net new permeable pavement areas- The quantity of new permeable pavement area minus the quantity of any existing permeable pavement area converted to native vegetation by a proposed project, work, or activity. Net replaced impervious surface area- The quantity of replaced impervious surface area minus the quantity of any existing impervious surface area converted to native vegetation by a proposed project, work, or activity. Net replaced permeable pavement areas- The quantity of replaced permeable pavement area minus the quantity of any existing permeable pavement area converted to native vegetation by a proposed project, work, or activity. Permeable pavement- Pervious concrete, porous asphalt, permeable pavers, or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. Phosphorus -mitigated- Areas where the development stormwater runoff phosphorus loading profile does not exceed the corresponding natural stormwater runoff phosphorus loading profile. 2 310 EXHIBIT C-Proposed definitions for WCC 20.97 Phosphorus neutral- Areas where the development stormwater runoff phosphorus loading profile does not exceed the natural stormwater runoff phosphorus loading profile from that area Phosphorus -unmitigated- Areas where the development stormwater runoff phosphorus loading profile exceeds the corresponding natural stormwater runoff phosphorus loading profile. Presumptive BMPs- Those BMPs that will require no additional development stormwater runoff flow control or treatment per current Stormwater Manual declaration once physically established in compliance with all current Stormwater Manual criteria. Replaced impervious surface — For structures, the removal and replacement of impervious surfaces down to the foundation. For other impervious surfaces, the removal down to bare soil or base course and replacement. (From Draft 2012 DOE Stormwater Manual) Replaced impervious surface area- For structures, the removal and replacement of impervious surfaces down to the foundation. For other impervious surfaces, the removal down to bare soil or base course and replacement. Replaced permeable pavement area- The removal and replacement of permeable pavement areas down to bare soil or base course and replacement Runoff- The portion of precipitation that does not evaporate or naturally percolate into the ground, but flows via one or more of the following means: • surface or overland flow, • interflow, • shallow ground water, into one or more of the following: • stormwater drainage facilities, • defined surface waterbodies (e.g., rivers, streams, creeks, sloughs, ponds, lakes), • springs, • seeps, • wetlands Shall- Mandatory action. Should- Recommended action, but not mandatory or required 3 311 EXHIBIT C-Proposed definitions for WCC 20.97 Stormwater- The portion of precipitation that does not evaporate or naturally percolate into the ground, but flows via one or more of the following means: • surface or overland flow, • interflow, • pipes and other features of a stormwater drainage system, into one or more of the following: • defined surface waterbodies (e.g., rivers, streams, creeks, sloughs, ponds, lakes), • constructed infiltration facilities. Stormwater runoff- The portion of precipitation that does not evaporate or naturally percolate into the ground, but flows via one or more of the following means: • surface or overland flow, • interflow, • shallow ground water, • pipes and other features of a stormwater drainage system, into one or more of the following: • defined surface waterbodies (e_g., rivers, streams, creeks, sloughs, ponds, lakes), • springs, • seeps, • wetlands. 4 312 EXHIBIT D - Proposal of Potential Policy Recommendations Submitted by Whatcom County Planning Commission Reducing external nutrient sources External nutrient sources such as fertilizer use, pet wastes, storm water runoff, septic system effluents, waterfowl, agriculture, and even rainfall can contribute nutrients to a lake. Lake management removes or modifies as many of these nutrient sources as possible, especially those sources shown to be contributing the greatest nutrient load to the water body. If in -lake restoration techniques are necessary, they should be followed by, or occur simultaneously with appropriate long-term management actions to control sediments, nutrients, and toxic inputs. A successful lake restoration program should strive to manage both external and internal nutrient sources. (Washington Department of Ecology Algae Control Program) Items to be included in the Whatcom County Planning Commissions recommended changes to the proposed Lake Whatcom Overlay. 1.) Fertilizer reduction should continue through a program of enforcement for compliance with the existing ban on phosphorous containing fertilizers and detergents. 2.) Pet wastes should be controlled through strict enforcement on owners of pets that do not clean up after their pets. a. Fines should be instituted for failure to cleanup b. Off leash areas should be established on properties not located in the watershed 3.) Storm Water runoff should be addresses through this code and also through the establishment of a Lake Whatcom Management District. a. The District could be managed by the Lake Whatcom Water and Sewer District. b. Criteria would be established to determine which areas of the lake are responsible for the largest amount s of nutrient loading, c. Goal of the District would be to fund the most beneficial projects for improving the water quality and reversing the nutrient loading responsible for DOE water quality violations. d. The District would be given the authority to assess fees on property owners Statutory Authority already exists in the State code so this could be established immediately. The 1985 legislature authorized counties, cities, and towns to create local improvement districts for lake improvements (Laws of 1985, ch. 398 ). In 2008 the lake management district provisions were amended to include the formation of beach management districts (Laws of 2008, ch. 301). The purpose of the lake and beach district legislation is to establish a governmental mechanism by which property owners can embark on a program of lake or beach improvement and maintenance. 313 EXHIBIT D - Proposal of Potential Policy Recommendations Submitted by Whatcom County Planning Commission This page provides a summary of statutory provisions, citizen information on how to create lake and beach management districts, and links to lake management district web sites in Washington. For specific procedures, please refer to the relevant statutes. Statutory Authority ■ Ch. 36.61 RCW - Lake and Beach Management Districts (Counties) ■ RCW 35.21.403 - Authority to establish lake and beach management districts, as provided in Ch. 36.61 RCW (Cities and Towns) Functions and Powers A lake or beach management district may: assess property, issue bonds; control or remove aquatic plants and vegetation; improve water quality; control water levels; treat and divert storm water; control agricultural waste; study lake or marine water quality problems and solutions; clean and maintain ditches and streams entering the lake or marine waters or leaving the lake; and monitor air quality. 4.) Water Fowl reduction measures should be implemented. a. Relocation programs established b. Homeowner education programs established to educate lake front homeowners on the steps necessary to keep water fowl off the lake. c. Lawn management programs established to reduce the available habitat for waterfowl along shorelines. 5.) Septic Systems need to be eliminated and replaced with sewer hook ups. 6.) Whatcom County lands, donated properties and reconveyed properties should be utilized for dispersion of excess water. 7.) Smaller lots without the ability to utilize on site infiltration should be given access to dispersion sites in the County. 8.) A mechanism should be put into place to allow lot owners to mitigate through funds to the Lake Whatcom Management District or through a trade with other property owners. 9.) In Lake Restoration techniques should be established per the Department of Ecology's Algae Control Program. a. Hypo limnetic withdrawal b. Artificial circulation —Aeration c. Dilution d. Nutrient diversion e. Nutrient inactivation 314 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-150 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: AD 320112 E c E � � E 4110112 Council AD 3/30/I2 Division Head: APR 0 3 2012 W H ATCOM COUNTY r s /11COUNCIL Dept. Head: 3 12 Prosecutor: Purchasin /Bud et: Executive: E: 4 TITLE OF DO ENT: Behavioral Health Revenue Advisory Committee Annual Report for 2011 ATTACHMENTS: Memo to Executive 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.) Presentation to County Council of the 2011 annual report of the Behavioral Health Revenue Advisory Committee (BHRAC) 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 315 WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Memorandum TO: JACK LOUWS, EXECUTIVE FROM: Jack Hovenier, BHRAC Chair DATE: March 23, 2012 Regina A. Delahunt Director Greg Stern, M.D. Health Officer RECEIVED MAR 3 0 2012 JACK LOUWS COUNTY EXECUTIVE RE: Annual Report to County Council from Behavioral Health Revenue Advisory Committee (BHRAC) Pursuant to County Code, Chapter 3.37.070, attached is the 2011 annual summary report for those programs supported with the sales tax revenue to the County Council. We plan to present this report at the County Council meeting on April 10, 2012. At that time, we will also present a quarterly report on activities from January through March 2012. The attached annual report reflects the second full year of funding programs and services with the local Chemical Dependency/Mental Health Program Fund (i.e., Behavioral Health Fund) collected by the additional 1/10th of 1 % in local sales tax. This increase was imposed by County Council vote in July 2008, with collections beginning in 2009. Court programs only were supported with these funds in 2009. New programs were added and existing programs and services were expanded in 2011. Strategies for planning and implementation followed a nationally recognized framework known as "PITA", which is an acronym for Prevention, Intervention, Treatment, and Aftercare. All programs and services funded with these local monies fall under this continuum of care framework. School based services were very successful in reaching many youth and their families. The services included on -site mental health and substance abuse programs designed for the unique needs of each of the seven school districts. Additional funds were allocated to schools in 2011 in order to better meet the demonstrated needs. Regular feedback from families and staff in the school districts has been very positive. It is clear that many students and their families would be without services if these programs did not exist. 509 Girard Street 1500 N.h State Street Bellingham, WA 982 5-4005 PUBLIC HEALTH Belliing aim, WA 98225-4551 (360) 676-6724 ALWAYS WORKING FOR A SAFER AND HEALTHIER WHATCON! COUNTY (360) 676-4593 FAX (360) 676-6771 www.whatcomcounty.us/health FAX (360) 676-6772 316 Behavioral health services to our youth connected with Juvenile Court and Detention services also enjoyed a full year of programming. Youth received mental health and substance abuse assessments and treatment. The goal for these services was to provide necessary interventions that would divert youth from continued interface with the criminal justice system as a result of behavioral health stability. Finally, mental health treatment to citizens incarcerated in our jail was enhanced to -provide comprehensive services. Approximately 23% of our jail population live with mental illness. Effective treatment of those individuals greatly improves their chances of shorter jail stays, lower rates of recidivism, and improved quality of life upon release. The Behavioral Health Revenue Advisory Committee (BHRAC) continues to meet quarterly to review and make recommendations on funding strategies and programs. It is a dedicated group of citizens who understand that the needs of our community are great, and these funds serve a vital role in supporting an infrastructure of quality care. 317 k A�PUBLICHEALTH atcom` County Tx a ALWAYS WORKING FOR A SAFER AND -------------- r HEALTHIER WHATCOM COUNTY Annual -Repo Manager's Comments This second year of program implementation has been very challenging in the face of deep funding cuts to Human Services programs. We focused on preserving core community services which were threatened by these cuts. We balanced these core services and our commitment to new and expanded services with our local dollars. We're proud of our accomplishments in the face of a fragile economy and we're fortunate to have served so many fellow citizens with vital programs. 2% 1400 1208 1200 People Served by = -- -- 1000 - ssz Program Area 800 - ---- 600 .. .. .......... 400 370 _.._.... _..__._. 327 279 258 200 I 0 ■ School Programs ■ Jail Services 2 Adult Court Services ■Juvenile Court Services ■ Community Treatment ■ Crisis/Triage Facility Expenditures for 2011 ■ School Programs ■ Crisis/Triage Facility AdultCourt Services ■ Juvenile Court Se rvices ■ Jail Services 6 Community Treaftmnt • Direct Program Support R Administrative Support *See bock for budget details. 318 Fund Balance as of 12/31/10 $3,971,435 Revenue Collected Revenue $3,217,908 Behavioral Health School Programs Crisis Stabilization/Triage Facility Adult Court Services Juvenile Court Services Jail Services (Psych Services/M eds) Community Treatment Recovery Support Services Direct Program Support Administrative Support Totals Amount Utilized $383,169 $368,033 $611,417 $56,191 $499,884* $320,074 $13,953 $125,914 $161,692 $3,217,908 , $2,540,327 Fund Balance 12/31/11 $4,649,016 * $378,627 represents the amount supplanted as allowed by RCW 82.14.460. PITA serves as the framework for creating a comprehensive Services by PITA TT/� A Model foundation for service -delivery. Each of the services above has been (Prevention, Intervention, Treatment, & Aftercare) subcategorized under a corresponding PITA category in the model below. Many services can be viewed as crossing multiple catego- ries. We've placed them in their current locations with guidance from our advisory boards and other stakeholders. Treatment Prevention Aftercare 319 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-151 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: AD 3130/12 � 0 � � � APR 0 3 2012 Y►IHAT�COM COUNTY COUNCIL 4/10/12 Council Division Head: AD 3130172 Dept. Head: D� " ' ���� Prosecutor: Purchasin /Bud et: I Executive: TITLE OF DO MIENT. Behavioral Revenue Advisory Committee 2012 first quarterly report to County Council. ATTACHMENTS: Memo to Executive SEPA review required? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) 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.) Behavioral Revenue Advisory Committee 2012 first quarterly report to County Council, COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #. Related File Numbers: t 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, 320 WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Memorandum TO: FROM: DATE: RE: Jack Louws, Executive Jack Hovenier, BHRAC Chair March 30, 2012 Regina A. Delahunt D i rector Greg Stern, M.D. Health Officer RECEIVED MAR 3 0 2012 JACK LOUWS COUNTY EXECUTIVE Quarterly Report to County Council from the Behavioral Health Revenue Advisory Committee (BHRAC) First Quarter 2012 BHRAC held an extended planning session in February to discuss funding and program strategies. As of December 31, 2011 there was a fund balance of more than $4 million. This balance was expected. In part it existed because of varied dates of initiation of new and expanded programs and services during the first two years of fund utilization. The Health Department was also fortunate to negotiate other funding sources to support services originally budgeted with sales tax dollars. During the planning session, the BHRAC again demonstrated commitment to a fully functioning Crisis Stabilization Unit/Triage Facility. The current facility does not meet the needs of the community. The BHRAC recommended by unanimous vote to dedicate $3 million to the capital costs of this facility. (The Jail Planning Task force also strongly supports a fully functioning Triage Facility.) The BHRAC met again on March 22nd to review the budget for 2012 and to make further recommendations on dedicating the remaining fund balance. During that meeting, the committee voted its unanimous recommendation that the remaining fund balance be dedicated to capital and start-up projects. This reflected a change in their original strategy of funding programs and services on an annual basis that expended more than the annual revenue projections. This recommendation to focus fund balance on capital projects now makes available for capital projects the newly dedicated $1.5 million. The Health Department is reviewing capital projects now. Strong support was voted for housing that is part of comprehensive behavioral health programs. The BHRAC also voted to increase funding to programs and services on the Prevention end of the continuum of services. These services would be targeted to youth and their families. 509 Girard Street PUBLIC HEALTH 1500 North State Street Bellingham, WA 98225-4005 Bellingham, WA 98225-4551 ALWAYS WORKING FOR A SAFER AND (360) 676-6724 HEALTHIER WHATCOM COUNTY (360) 676-4593 FAX (360) 676-6771 www.whatcomcounty.us/health FAX (360) 676-6772 321 WHATCOM COUNTY COUNCIL AGENDA BILL NO. A R 2 0 1 2-1 5 L, CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: AL 04-04-12 04110112 Council Originator: M Presentation Division Head. - APR 0 4 2012 WHATCOM COUNTY COUNCIL Dept. Head: Prosecutor: Purchasing/Budg et: A Executive: L i TITLE OFDOCU T: Presentation of the Jail Planning Task Force final recommendations to County Council ATTACHMENTS: Updated Law and Justice Plan SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Presentation of the Jail Planning Task Force final recommendation to County Council 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 322 Jail Planning Task Force Final Report to the Whatcom County Council March 29, 2012 Whatcom County Jail Planning Task Force Final Report and Recommendations Summary The JPTF has agreed on a need for a new jail. We also unanimously recommended that the county retain an experienced jail planner. This is not another consultant; instead, an experienced planner will assist the County in addressing and completing the first three phases of the new jail project. These phases include: (1) updating the current needs assessment; (2) completing a feasibility study for future facility options; and, (3) detailing specific operational and facility requirements (programming phase.) Feedback has been provided on site criteria, the basic components needed in a jail and a recommendation on the size of the facility. We have also come to consensus on the importance of continuing to provide alternative programs within the jail and options to full incarceration for appropriate offenders. These are proven, cost-effective programs that lead to behavioral changes, make it less likely that the individual will re -offend and lower the overall costs to the community. We encourage the Whatcom County Council to move forward on a new jail. Our task force agrees that in order to provide safe and cost-effective criminal justice solutions for our community, we urgently need a new jail, improvements to programming and alternatives to incarceration. Please see attached Appendix for specific recommendations.. Overview On April 26, 2011, the Whatcom County Council approved a resolution to establish a Jail Planning Task Force to study and issue a final report that addresses: • The recommended size of the new jail, including recommendations for future expansion should that be needed • The recommended location(s) of the new jail for further analysis • Recommendations (if any) related to a mental health triage center to divert the mentally ill into more effective and efficient treatment • Recommendations (if any) related to efficiencies in the new jail to reduce the overall operating costs • Recommended strategies for funding the construction of the new jail. The Jail Planning Task Force was appointed by then County Executive Pete Kremen and began to meet in late June. The Task Force consists of the following citizens and staff members: • Ray Baribeau • Doralee Booth • David Christensen • Peter Dawson 323 Jail Planning Task Force Final Report to the Whatcom County Council March 29, 2012 • Peter Dworkin, Chair • Lisa McShane, Vice -Chair • Barbara Sternberger • John Wilson • Erik Ramstead, Everson Police Chief, representing the Police Chiefs Association • Wendy Jones, Jail Chief, representing the Sheriffs office • Caleb Erickson, Corrections Deputy, representing Whatcom County Sheriffs Office Corrections Deputies • Marianne Caldwell, representing the County Executive • Anne Deacon, representing Mental Health Services Over the past 10 months the Jail Planning Task Force met 16 times. Kathy Mohebbi was retained to provide assistance to the Task Force, including the preparation of detailed minutes of all meetings. Many of the members attended a tour of the Snohomish County Jail to see a recent project. Those who had not seen the Whatcom County Jails toured the two facilities. The Task Force brought a nationally recognized jail planner, Jay Farbstein, to Whatcom County to recommend a process we should use to build the jail. The process he recommended was one routinely followed by other jurisdictions across the nation. In addition, we received a presentation from a team from the National Institute of Corrections on the status of the current facilities and their recommendations. Data that many of us read and used to inform our work can be found on the Whatcom County website: http_//www.co.whatcom.wa.us/i ails iting/background.jsp Public involvement in planning for a new jail is critical and the JPTF was specifically mandated to implement public participation measures. As a result, the JPTF established a set of procedures ensuring that our meetings and information are open to the public. Specifically we established: • A time for the public to speak at our meetings • A system of placing all our information, including the agenda, minutes and all background information online. The link to our page can currently be found on Whatcom County's home page • An email box where all of our emails can be found, and easily obtained by the public. In addition, to facilitate public information, public presentations were made by both Dr. Farbstein and the National Institute of Corrections on their findings. During these past ten months we discussed and considered the following issues related to the new jail: • Financing and the overall cost of construction • Operating costs of a new jail • Conditions in the current jail • How average length of stay is determined and what impacts that critical number • Adult Probation • Drug Court 324 Jail Planning Task Force Final Report to the Whatcom County Council March 29, 2012 • Mental Health Treatment, including the existing Triage Center • Offender Re-entry Services • Current programs in the jail • Current jail alternatives including electronic home detention, work/school release, in -custody work crews, out -of -custody work crews to pay fines. • Components of a new jail • A report from the National Institute of Corrections • Optimum size of a new jail • Criteria to be used in locating a new jail • Process of planning a new jail Many of the meetings where the above issues were discussed and addressed included presentations by community stakeholders, such as Bruce VanGlubt, District Court and Probation Administrator; Hon. Charles R. Snyder, Whatcom County Superior Court Presiding Judge and Drug Court Judge; Dewey Desler, then Whatcom County Deputy Administrator, and Anne Deacon, Whatcom County Health Department. We made a preliminary recommendation to the County Council in December of 2011, which is found in the Appendix, and have created a series of additional recommendations to the Whatcom County Council, the complete versions of which will follow this introduction. Those recommendations are: 1. Recommendation to build anew jail 2. Components of a new jail 3. Size of jail 4. Criteria for locating anew jail In addition, the Mental Health Triage Facility is part of the Jail Planning Task Force charge and we recognize this is important. While we restricted ourselves to the jail for the purposes of moving a new jail forward, we recommend that space be found for a Mental Health Triage Facility with sufficient capacity and capability to offer pre -booking diversion from jail. The JPTF has also determined that some of the items included in the Council resolution are beyond the ability of the task force to address, and will be more appropriately addressed by experts in the field of jail planning. We agree with Jay Farbstein's statement: "While the JPTF is clearly a very dedicated, hard-working and intelligent group, it has been charged with responsibilities well beyond the capabilities of citizens and corrections professionals. "Jails are highly complex buildings and their planning, design and construction are critical to their mission and long-term operations and maintenance. For most jurisdictions, including Whatcom County, a main jail is built only once every generation. Therefore, the expertise available within the jurisdiction is limited." 325 Jail Planning Task Force Final Report to the Whatcom County Council March 29, 2012 Several of the tasks the JPTF was charged to do in 6 months were beyond our expertise and should be accomplished in conjunction with the jail planner and real estate professional. Those include: 1. Funding options for the new jail, 2. Operational costs for the new jail, how operation will be funded and efficiencies in the new jail to reduce the overall operating costs 3. Specific location options for a new jail. 4. The impact of design on capital and operational costs Appendix • Recommendation #1: The need for a new jail facility in Whatcom County. • Recommendation #2: Components of a new jail • Recommendation #3: Recommendations to the County Council - retain a professional jail planner, continue the jail planning task force, re-establish the Law & Justice Council. • Report by Jay Farbstein (included in Recommendation #3) • Recommendation #4: Size of the new jail • Recommendation #5: Criteria for locating a new jail 326 Whatcom County Jail Planning Task Force September 1, 2011 FORMAL RECOMMENDATION AND CONCLUSION OF THE WHATCOM COUNTY JAIL PLANNING TASK FORCE RECOMMENDATION #1: THE NEED FOR A NEW JAIL FACILITY IN WHATCOM COUNTY The Whatcom County Jail Planning Task Force Has Formally Adopted the Following Recommendation to the Whatcom County Council: Due to inadequate existing conditions of the physical plant, life safety concerns and overcrowding, significant and urgent improvements are needed to current adult correctional facilities, including the physical plant, programming, and alternatives -to -incarceration. 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Cc R7R— cc 0 &�b2 '��=a /7/� 0 - r_ § \\\E �c_ 00<0� r 332 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Offlce da Date Assigned to: Originator: 1216111 Council Division Head: Dept Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT. Special Presentation by Peter Dworkin and Lisa McShane regarding Jail Planning Task Force recommendations. ATTACHMENTS. Jail Planning Task Force Recommendations and Jay Farbstein & Associates, Inc. report SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) COMMITTEEACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers. Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at.:www.co.whateom.wa.us1counci , 333 Jail Planning Task Force Recommendations to County Council December 6, 2011 I. INTRODUCTION The Jail Planning Task Force ("JPTF") is making three recommendations to the County Council at this time: 1) Retain a professional jail planner; 2) Continue the Jail Planning Task Force; 3) Re-establish the Law & Justice Council. The JPTF has held 12 meetings over four and a half months. During those meetings we have discussed at length the issues and tasks we were charged with in resolution 2011-014. In September 2011, the JPTF unanimously agreed that due to overcrowding, life/safety and physical plant concerns in the main jail facility, Whatcom County needs a new jail. With the consent of the County Council, we hired a nationally known jail planner and architect, Jay Farbstein, Ph.D., to assist us with creating the framework for the process of planning a new jail. After his visit Dr. Farbstein presented a written report containing "observations and recommendations" to the JPTF of how Whatcom County should proceed in planning and building a new jail. His observations confirmed something the JPTF had realized over its months of work: "While the JPTF is clearly a very dedicated, hard-working and intelligent group, it has been charged with responsibilities well beyond the capabilities of citizens and corrections professionals." "Jails are highly complex buildings and their planning, design and construction are critical to their mission and long-term operations and maintenance. For most jurisdictions, including Whatcom County, a main jail is built only once every generation. Therefore, the expertise available within the jurisdiction is limited." The JPTF remains committed to addressing all of the charges laid out in Resolution 2011-014 and moving forward with building a new jail. However, in light of the above, and in recognition of the magnitude of this project, we are recommending that the County Council and County Executive take immediate action on the following items. II. RECOMMENDATIONS A) RETAIN A PROFESSIONAL JAIL PLANNER The County should initiate the process to hire a corrections/jail planner. The corrections/jail planner is not another consultant; instead, an experienced planner will assist the County in 334 addressing and completing the first three phases of the new jail project. These phases include: (1) updating the current needs assessment; (2) completing, a feasibility study for future facility options; and, (3), detailing specific operational and facility requirements (programming phase). Retaining a jail planner was strongly recommended by both the National Institute of Corrections (NIC) and Jay Farbstein. It is anticipated the scope of work for the planner would include at least the following: A review and update of the existing needs assessment completed by the Omni Group and HDR; Collection and analysis of additional data that will create a more detailed picture of the jail populations, and how this resource is used by our criminal justice system in Whatcom County; • Review population trends in the County in general, as well as the criminal justice system, for the purpose of estimating the number of beds and amount of space that will be needed in a new facility, factoring in continued use and growth of jail alternatives and diversion programs. It is anticipated the planner will then utilize the statistical information to complete a feasibility study exploring facility options, estimating the capital and operational costs of a new jail, and present funding options. Using an expert jail planner for this process is an essential step in ensuring the County arrives at a feasible financial plan to pay for the construction and continued operations of a new jail. In the third step, the jail planner will use the information gathered to detail specific operational requirements, and provide preliminary design elements of the new facility. The information and analysis provided by a professional jail planner is crucial in the decision - making process for constructing the new jail. It is estimated the cost of this planner will be approximately $200,000, and these three phases will take up to one year to complete. The Council should be aware that there will be additional future requirements in this process, including: Hiring (or assigning from existing staff) a full-time project manager, no later than the programming phase of the jail planner's contract; Engaging the services of a contracted real estate professional to assist with the site selection phase of the new jail project; Design, bidding, and construction of the facility and occupancy/transition planning will be the last two phases of the project. Attached is a copy of the Jay Farbstein & Associates, Inc. report and generic scope of services. We encourage you to consider this as a guideline for making progress towards a new jail. 2 335 B) CONTINUE THE JAIL PLANNING TASK FORCE Our second recommendation is that the Jail Planning Task Force be authorized to continue as an advisory group to the County and the jail planner to provide critical community involvement in this project. Task Force members desire to complete the work assigned them by the County Council, and will be able to do so with the assistance of the proposed jail planner. We view the continued participation of the JPTF through the entire jail planning and construction process as an essential element in gaining community support of the County's final decisions regarding the size, location, design, and construction of the new jail. C) RE-ESTABLISH THE LAW & JUSTICE COUNCIL In parallel with hiring the corrections planner, the JPTF recommends that Whatcom County re- establish the Law and Justice Council, and request that they review practices and policies within the entire criminal justice system that impact the jail population. The focus of this evaluation should be to improve justice system efficiencies, implement programs that demonstrate long- term reductions in recidivism rates, and increase the use of appropriate jail diversion programs. UNANIMOUSLY ADOPTED THIS WHATCOM COUNTY JAIL PLANNING TASK FORCE Peter R. Dworkin; Co -Chair day of November 2011. WHATCOM COUNTY JAIL PLANNING TASK FORCE Lisa McShane, Co -Chair 3 336 Whatcom County - Initial Jail Planning Assistance Report & Recommendations REPORT ON JAIL PLANNING ASSISTANCE Introduction The following text summarizes the main observations and recommendations resulting from my intensive two and one-half days of meetings, facility tours and interviews with a wide variety of County officials and citizens concerned with the jail project. The schedule for my on -site meetings is attached to this report as are a sample scope of services for jail planning and a copy of the public presentation on jail planning and design. Summary of Recommendations: 1. The County should take immediate steps toward obtaining the services of a corrections planner. 2. The first main task for the corrections planner should be to update and expand the 2008 needs assessment, revising projections to account for the implementation of jail population management initiatives. 3. The County should create a Criminal Justice Planning (or Coordinating) Committee, in part to provide a forum for consideration and implementation of jail population management initiatives. 4. Expand the jail facility planning options under consideration - and the sophistication of their evaluation, 5. Consider establishing a construction budget for the project. 6. Assign or hire a project manager or a program management company to support and guide the jail project. 7. Get the key design and construction players on board early. Observation 1: While the JPTF is clearly a very dedicated, hard-working and Intelligent group, it has been charged with responsibilities well beyond the capabilities of citizens and corrections professionals. Recommendation 1: In order to be in a position to make recommendations on many of the requested topics, the JPTF (and the County) need substantial input and analysis that can only be provided by a qualified and experienced corrections planner. The County should take immediate steps toward obtaining the services of a corrections planner. This will likely entail several steps before such services can begin. These include the preparation and publication of a request for qualifications (or for proposals), receipt and evaluation of submissions, interviews and contracting. Even if expedited, it is likely that this process will take three to four months and it could take as long as six months. To assist in this process, a sample scope of services for jail planning is attached to this report. The scope covers the first three main steps in jail planning (needs assessment, feasibility study, and facility programming). Observation 2: While the needs assessment prepared by the Omni Group in 2008 contains some useful data and analysis, it is lacking in certain important respects. First, it fails to evaluate scenarios that would entail implementation of furtherjall population management measures. This is part of the reason why it results in projection scenarios which may entail over -building of the jail. Second, it does not appear to have included a detailed profile of the inmate population. This information would be of great utility both with regard to the first item and also in further detailing the types of Facilities and programs needed to serve the anticipated population. Third, the study did not include an examination of release mechanisms; this would also allow recommendations to be made concerning potential improvements in processing and other programs that could reduce length of stay (and therefore population). Recommendation 2: The first main task for the corrections planner should be to update and expand the 2008 needs assessment, including the three elements identified above. Observation 3: The Whatcom County justice and corrections systems are progressive and the various agencies and components appear to work together well and command each other's mutual respect. However, an effective mechanism for shared problem -solving does not appear to be in place. (The Law and Justice Council, we were told, is perhaps a bit too unwieldy for such a purpose.) Jay Farbstein & Associates, Inc. October 17, 201 i; Page 1 337 Whatcom County — Initial Jail Planning Assistance Report & Recommendations Recommendation 3: In parallel with hiring the corrections planner, Whatcom County should create a Criminal Justice Planning (or Coordinating) Committee. While this committee could act on other issues, its main focus, at least initially, should be on reviewing practices and policies that impact the jail population. While jail population management is not an explicit objective of many of the justice agencies, the charge of the group can be couched in terms of improving the effectiveness and efficiency of the system (including improvements in public safety and reduction of recidivism) — or other goals which are broadly shared. Of course, several of the key members of such a committee are elected officials with specific mandates — so they can only be invited, not compelled, to join and participate. Other jurisdictions which have created such an entity have found that it can have many positive outcomes. Observation 4: Prior studies and current discussions have focused on two main jail facility options: a "vertical"/downtown solution or a "horizontal"/out-of-downtown solution. The former has been criticized as potentially extremely tall (with up to 2,450 beds, it would require a huge skyscraper) and the later was said to require a very large site. Evidence and opinion has been marshaled that suggests that it is much cheaper to build and operate a horizontal jail. While construction may be cheaper, this consultant is not convinced by the evidence presented so far that horizontal version would be much (if any) cheaper to operate. In addition, there are many other costs and perhaps benefits (monetary and intangible) that result from or accrue to jail location (certainly including transportation) which need to be included in the evaluation of options. Recommendation 4: Expand the jail facility planning options and the sophistication of their evaluation. Revised (and likely lower) projections of need will reduce the scale of both of the options so that the vertical one may not be out of scale with downtown Bellingham and the horizontal one may not require as extensive or expensive a site. Abstract "rules of thumb" and results from other studies' about costs of construction and operation should be avoided in favor of broader and more specific analyses that take into account likely staffing patterns, types of construction, site acquisition and development costs, and ancillary costs and benefits including transportation and time taken for law enforcement bookings (weighted by frequency from the various agencies), as well as many other important factors. It may be worthwhile to perform a comparative life -cycle cost analysis of options which would provide an excellent contribution to decision making and selection among options and help the County understand the long-term operating costs they would be buying into. In addition, the range and variety of options should be expanded to include at least the following two items. One is the potential continued use (or expansion) of the existing work center, which appears to be a serviceable and appropriate facility. Among the questions that should be explored are these: do the original planning permissions and agreements allow its continued operations; what would be the cost to replace it or the likely value to be obtained from selling it; can it be expanded and to what extent (for added beds or for support services that could support the balance of the jail system such as kitchen, laundry and warehousing, all of which would provide work opportunities for the inmates), etc.? If the existing ±150 beds were retained and support services expanded at this site, it would substantially reduce the scope of the remaining jail bed needs, and the required area of the building and site. This might allow options to be feasible which would not be if they had to accommodate the entire jail program. ' Arguments favoring horizontal over vertical have been marshaled from two sources: first, a study for the cities in King County (which, however, showed rather little added operating cost for the taller version - and some of the assumed costs were questionable) and, second, general directions from NIC jail planning manuals which are highly qualified and might not take into account ancillary benefits. For example, here are two quotes from NIC's Jail Design Guide (3rd Edition): "small and medium-sized jails tend to be most effectively developed as one -level structures" and "Before committing to a multilevel jail, jurisdictions should confirm that such a structure will not compromise the functioning and security of the building and will not increase staffing needs beyond acceptable and supportable levels". These comments are cautionary, but not definitive and "small and medium-sized jails" were defined in a prior edition of this guide as 20 to 200 beds, smaller than the Whatcom project. Jay Farbstein & Associates, Inc. October 17, 2011; Page 2 Whatcom County— Initial Jail Planning Assistance Report & Recommendations Another potential set of options concern the potential uses, if any, of the existing jail. The County is about to spend about $2.5M on upgrades to the structure and security systems. While the building may be currently unsafe and inefficient to operate as a secure jail, are there other correctional, law enforcement, or governmental uses that could reasonably be accommodated? If there are, what would the cost be to renovate and improve the building for these uses? Possibilities that could be considered include the following: • temporary holding and staging for inmates who are appearing in court (if transported from a remote jail or if connected to a new, adjacent downtown jail) • housing of lower custody level inmates who might be participating in work crews or work release to jobs (or education release to schools) in the downtown area, day reporting (if such a program were instituted — since the location is very accessible and served with public transport), or trustee housing for those who would be needed to work in a downtown jail if one were constructed on an adjacent site • mental health crisis stabilization center (in addition to or replacing the existing triage facility) which requires security and is intensively staffed anyway • release location for inmates who were otherwise held at a new, remote jail • offices for the Sheriff (allowing divisions to be co -located; though parking might not be adequate) • general county offices or other facilities. Likely, there are other potentially interesting options which should be considered. Note that the suggested analyses are mainly conducted during the "feasibility' phase of work (after the needs assessment establishes the overall scope). Observation 5: Jail planning projects are often driven exclusively by projected need — and that is how this project started —sometimes without regard for what can be afforded. This has sometimes led to what can reasonably considered to be disasters — such as jails that are built and then cannot be opened due to high operating costs, or jail operations absorbing so many resources that other equally important services and programs are curtailed. Recommendation 5: Consider establishing a construction budget for the project, based on what the County can afford to pay or to finance, rather than allowing "needs" to be established independent of what can be afforded. This would encourage both that priorities be set (so that the most important ones are met) and also that cost-effective means be explored for achieve the priorities. It is my experience that having a project budget is a great help in focusing the minds and attention of participants in the planning process. It also encourages focusing on needs versus wants, eliminating the "wish list', Too many projects proceed without a real budget and end up with so-called "value engineering" which can result in poor or short-sighted cuts and real damage to a project's quality. At the same time as construction budgets are established, it is essential that operating costs be projected (as suggested in Recommendation 4). Observation 6: This will be one of (if not the) largest and most important projects that the County has undertaken. It will be much more likely to succeed under the guidance of a project manager with intelligence, experience with planning, design and construction (if possible of correctional facilities), people/communication skills, and perseverance. Ideally (and with great benefit), this individual would stay with the project for the four or more years it will take until it's open and operating. Recommendation 6: Assign or hire a project manager — or a program management company. The County may not have the in-house expertise or staffing available to manage such a project and could consider either hiring such an individual or obtaining the services of a program or construction management firm. Ideally, this person or firm would come on board starting around the time the corrections planner begins work — but no later than the feasibility study phase. Jay Farbslein & Associates, Inc. October 17, 2011; Page 3 339 Whatcom County — Initial Jail Planning Assistance Report & Recommendations Observation 7: Jails are highly complex buildings and their planning, design and construction are critical to their mission and long-term operations and maintenance. For most jurisdictions, including Whatcom County, a main jail is built only once every generation. Therefore, the expertise available within the jurisdiction is limited. Recommendation 7: Having available a team with deep experience in jail planning, design and construction is of great benefit to the quality and cost-effectiveness of a jail project, providing input to decisions made at the planning and programming phases. Thus, it is recommended that Whatcom County get the key design and construction players on board early. This may require a decision about how the project will be procured (traditional, design - build, CM at risk, or other method). Attachments Consultant's Visit Itinerary (scheduled meetings) Sample/generic scope of services for jail planning Publicjail planning presentation Jay Farbstein & Assoclates, Inc. October 17, 2011; Page 4 CM1 Q 341 Jail Planning Services for Whatcom County Generic Scope of Services SCOPE OF SERVICES PHASE I: Purpose: to complete a needs assessment for adult detention and NEEDS ASSESSMENT " correctional facilities including projection of inmate populations and description of in -custody programs as well as of alternatives to secure incarceration which may contribute to limiting custody population. Task 1.1.0 Project Purpose: to orient all participants to the planning process, to Initiation and identify data sources and systems available for the study, and to Administration collect information for strategic planning, including prior studies and planning documents. 1.1.1 Review Background Information: The consultant will review relevant prior studies provided by the County. 1.1.2 Advisory Committee Meeting 1: The consultant will meet with the advisory committee to introduce the team, review the approach and schedule, and identify major planning objectives, issues and constraints. The consultant will make arrangements for data collection and request relevant prior studies for review. 1.1.3 Criminal Justice Policy Committee (CJPC) Meeting is The consultant will meet with the CJPC to introduce the team, review the approach and schedule, and explore major planning objectives, issues and constraints. 1.1.4 Interviews: The consultant will interview key justice system representatives to develop a more in-depth understanding of the issues related to provision of services, growth and change, and facilities of each. Approximately nine, one -hour will be conducted, including, but not limited to: Sheriff's jail commanders; County Executive Office; Superior Court; District Court; Municipal Court; Prosecuting Attorney and Defense Bar; Probation Department; Mental Health and Substance Abuse s agencies; Facility Services; Planning Department (to discuss the rate and character of local growth); in -custody and alternative program and service providers. 1.1.5 Project Administration: The consultant will maintain verbal and written communication with the County's project manager concerning the progress of the work. Task 1.2.0 Data Colfection Purpose: the data collection phase will provide the foundation for and Analysis subsequent analysis and projections. In this phase, the consultant will collect information on the community, its offenders, and the program and facility resources historically allocated to adult offenders. The precise scope of data collection will be negotiated with the client based upon availability from the jail's data system Jay Farbstein & Associates, Inc. Draft: October 17, 2011; Page 1 342 Jail Planning Services for Whatcom County Jay Farbstein & Associates, Inc. Generic Scope of Services and hard copy files; however, it is assumed that a limited amount of data from prior studies will be of use for the current study and also that the jail's information system will be able to generate needed data. 1.2.1 Program Survey and Best Practices Review: The consultant will coordinate with justice system agencies and community groups to identify currently available resources (both in -custody and alternatives to custody) for pre-trial detainees and sentenced offenders. In consultation with County officials, we will also identify evidence -based "best practices" potentially applicable to jail capacity issues in Whatcom County. 1.2.2 Profile Offender Populations: The consultant will collect data from existing jail records and additional information from all or a sample to develop a profile of inmate characteristics. The information collected will include charge, sentence status, length of stay, previous criminal history; criminal sophistication; gender; and special needs such as medical and mental health issues. Again, it is assumed that a limited amount of data from prior studies will be of use for the current study and also that the jail's information system will be able to generate needed data. The information will provide a basis for considering in- and out -of - custody program needs and their potential impact on jail capacity and housing configurations. 1.2.3 Intake and Release Study: The consultant will collect data on a sample (size to be determined) of previously released inmates. A sufficient period and number of inmates will be covered to ensure statistical reliability. Data will include arresting agency, charge, release mechanism, and booking and release date and time. This information will be used to determine how long various categories of inmates stay in the facilities and how they secure release. The analysis of the data will provide additional insight into who uses jail beds, what in -custody program durations may be expected, and how potential changes in release practices and resources would impact jail capacity needs. 1.2.4 justice and Correctional System Trends: The consultant will collect information from the jail concerning trends in jail ADPs, classification levels, lengths of stay, and seasonal and weekly peaking factors. Information on trends in crimes, arrests, referrals and Probation caseloads, filings from the Prosecuting Attorney's office, and similar indicators will also be analyzed. The information will serve for analysis of the historical trends used as the basis for projections jail capacity. 1.2.5 County Population Trends: The consultant will collect data on the general (adult) population (in incorporated and unincorporated area and by geographic region where specific distinctions can be established from county, state and federal Draft: October 17, 2011; Page 2 343 Jail Planning Services for Whatcom County Generic Scope of Services sources. These data will be used to examine historical growth and future projections as one indicator of the demand for jail facilities. 1.2.6 Alternative Placement Study: The study is carried out in conjunction with local officials to develop a picture of the "ideal placement' for a sample of offenders from the snapshot profile. It is done without regard to the limitations of existing resources and thus helps to identify "missing" options as well as groups of misclassified offenders. "Placements" can range from continued incarceration to alternatives which might reduce incarceration levels (For offenders "placed" in custody during this exercise, further breakdowns will be done, identifying needed security level and type of housing (single or multiple), special programming needs, re-entry needs such as job training, etc. The impacts of implementing these options on the number and types of beds will be quantified (and, where beds would be saved, the impacts of non -implementation will be noted. 1.2.7 Briefing Paper: Consultant will prepare a briefing paper summarizing the findings from the tasks above and provide an electronic copy to the County for distribution and review prior to the meeting described in the next task. 1.2.8 Advisory Committee Meeting 2: The consultant will meet with the advisory committee to present an overview of findings. The presentation will report on project status and issues that have surfaced during data collection. Task 1.3.0 Jail Capacity Purpose: Based on the data collected in Task 1.2.0, this task will Projections develop projections of inmate populations and assess the fit between identified needs and system resources. Jay Farbstein & Associates, Inc. 1.3.1 Develop Baseline Projections: The consultants will work with the advisory committee to identify the factors and assumptions to be used in projecting inmate populations. Three to five scenarios will be developed based upon different assumptions, but baseline projections will assume (as an exercise) that current law and policies will continue through planning period. Projections will be developed for 5, 10, 15, and 20-year planning intervals starting in 2012 (or other years if requested by the client). 1.3.2 Identify Potential Policy Changes: Inmate population levels result from two basic factors: admissions and lengths of stay, both of which are heavily policy -driven. The consultant will identify institutional and non -institutional policy changes (both local and state/federal statutory or regulatory actions) which may affect jail population and demonstrate their potential impacts on custody capacity needs. The scenarios showing potential impacts will be crafted through discussions with local officials and the planning team. Draft: October 17, 2011; Page 3 Jail Planning Services for Whatcom County Generic Scope of Services 1.3.3 Briefing Paper: Consultant will prepare a briefing paper summarizing the findings from the tasks above and provide an electronic copy to the County for distribution and review prior to the meeting described in the next task. 1.3.4 Advisory Committee Meeting 3: The consultant will meet with the advisory committee. Discussion will include possible impacts due to future changes in types or levels of crime, services, programs, and operations. Consultant will work with the committee to develop a strategy which will be used to adjust the baseline projections. 1.3.5 Criminal Justice Policy Committee (CJPC) Meeting 2: The consultant will meet with the CJPC to discuss policy and implementation issues concerning future changes in types or levels of crime, services, programs, and operations. Consultant will seek the committee's input to scenarios which will be used to adjust the baseline projections. 1.3.6 Develop Final Projections: The consultant will revise the baseline projections with modifications as discussed at the meeting above. Projections will be provided system -wide, and broken down by gender, housing classification, and type of program. Figures for five, ten, and 20-year planning intervals will be provided. The final projections will reflect two types of adjustments. First, as noted above, policy changes will be quantified to develop a final projection of future populations. Second, the average daily population (ADP) projections will be translated into bed projections, as a guide for facility planning in Phase 11. Initially, the types and numbers of beds — by classification, gender and security/program level — will be identified within the projected total. Finally, projections will be modified to provide beds needed to account for peaking and other temporary population fluctuations. The number of beds projected is typically 10 to 25% higher than the projected average daily population. Bed numbers are also rounded off to standard housing unit sizes. PHASE II: The purpose of this phase is to develop a master plan for jail and JAIL FACILITY MASTER related facilities as a basis for capital planning. (Note that detailed PLAN architectural programming is not included.) Task 11.1.0 Facility Purpose: The purpose of Task 11.1 is to determine preliminary Assessment and Future Needs facility requirements for the programs and populations identified above, and to assess the adequacy of existing facilities to meet these needs. Jay Farbstein & Associates, Inc. 11.1.1 Facility and Site Inventory and Assessment: In reviewing existing facilities and the site, the emphasis will be on their capacity and suitability for intended uses and ability to continue to accommodate various elements of the projected population. This Draft: October 17, 2011; Page4 345 Jail Planning Services for Whatcom County Generic Scope of Services task will consider the facilities' current and potential functionality relative to the detainee profile and proposed programs, operational efficiency, staffing efficiency, and ability to provide effective security and visual supervision. The evaluation will be in sufficient depth for the consultants to form recommendations concerning the site's and facilities' maintainability and suitability for renovation and adaptive reuse — or their need for replacement. Structural integrity will be assessed visually and the consultants will recommend whether further material testing or calculations (by others) are warranted. 11.1.2 Determine Space Needs: The consultant will determine space requirements for each major functional area of needed jail facilities using norms developed from state standards, national guidelines, and prior experience. We will conduct one workshop with staff to discuss requirements for housing (by classification), jail administration, security and control, visiting, program areas, food service.and canteen, laundry, storage, reception/intake/reIease, property, and other major functional and support areas normal and customary in the correctional setting. Requirements for exterior areas including recreation yards, parking, buffers from adjacent uses, public queuing and waiting, staff patios, , vehicle accommodation (buses, vans & patrol vehicles and site circulation — as well as infrastructure — will be developed. These requirements will be presented for 5, 10, 15, and 20-year intervals. 11.1.3 Compare Program Needs to Existing Site and Facilities: The consultant will assess the ability of existing facilities to meet the spatial and functional needs identified in Task 11.1.2 while considering the characteristics of the existing facilities as inventoried in Task 11.1.1. The review will consider: • types and quantities of space for housing and all other functions • projection of shortfall by housing type • ability to provide security and visual supervision • ability to provide capacity and separations for inmate classifications • potential for logical phasing at each projection period • other constraints related to site and infrastructure. 11.1.4 Preliminary Jail Staffing Analysis. The consultant will review post -positions needed and shift relief factors with jail management in order to develop an estimate of needed staffing for the considered options (for this task, the consultants will rely heavily on prior studies of jail staffing needs). Task 11.2.0 Facility Options Purpose: The purpose of Task 11.2 is to explore options for and Master Plan meeting facility needs and to develop a master plan to guide future facility development. Jay Farbstein & Associates, Inc. Draft: October 17, 2011; Page 5 M Jail Planning Services for Whatcom County Generic Scope, of Services 11.2.1 Identify and Assess Development Options: Options for meeting facility requirements will be developed for review and discussion with the client. A range of potential options will be identified, with approximately three reasonable options selected (with the client) to be studied and described in greater depth. The options will consider alternatives for future use of existing detention space and coordination with court holding and hearing functions. The options will be assessed against a range of criteria and the most promising one selected in coordination with the Advisory Committee. 11.2.2 Advisory Committee Meeting 4: A briefing paper covering the facility planning tasks will be presented to the advisory committee for discussion and selection of the most promising development option. (Note that a meeting with the C]PC could also be included if done on the same visit.) 11.2.3 Document Master Plan: The selected projects will be described with text and conceptual/diagrammatic building and site plans. Task 11.3.0 Project Report Purpose: the results of all prior tasks will be documented and compiled into a comprehensive report. PHASE III PROGRAMMING SERVICES 11.3.1 Draft Report: The consultant will prepare a draft report covering the results of all tasks described above. The draft report will include an executive summary, introduction, chapter on each major task, and attachments as appropriate. 11.3.2 Advisory Committee Meeting 5: The consultant will meet with the advisory committee to receive comments for incorporation into the final report. 11.3.3 Final Report: Based on the comments received, the report will be revised as necessary. [Note: formal presentations may also be required.] In order to complete a design program for the new jail, the consultant will carry out the tasks described below. References to the programming committee include county staff assigned to provide input and oversight for the process with the participation of the construction manager. Jay Farbstein & Associates, Inc. Draft: October 17, 2011; Page 347 Jail Planning Services for Whatcom County Task 111.1. MANAGEMENT & COORDINATION Task 111.2.0 OPERATIONAL PROGRAMMING Jay Farbstein & Associates, Inc. Generic Scope of Services 111.1.1 Project Initiation Meeting: The programming team will meet with representatives of the Sheriff's Department and the County to introduce the team, review the approach and schedule, and identify major programming issues and constraints. 111.1.2 Review Background Information: The consultant will request and review relevant prior studies that define the scope of the jail. 111.1.3 Project Administration: The consultant will maintain verbal and written communication with the county project manager concerning the progress of, and billing for, the work. 111.2.1 Operational Program Workshops: The consultant will facilitate two workshops, each two days long, with a programming committee to discuss operational aspects of the facility identified in Task 2.5. 111.2.2 Observe Current Operations: The programming team will spend about one hour observing operations in each area of the existing jails that are relevant to the current project including lobby, arraignment court, booking, various housing units, health services, visiting, kitchen, and programs. 111.2.3 Tour jail Facilities. The consultant will help organize and participate in tours of other recent jails to orient the participants of programming workshops to the state-of-the-art for this facility type. Facilities to tour will be selected in conjunction with the client and with advice from the state jail authority. Out-of-state facilities will be considered along with those in Washington. 111.2.4 Document Operational Program Information: The programming information collected in the workshops and other tasks will be documented for the following topics and presented for review and comment by the programming committee: • Philosophy, Mission Statement, Goals and Objectives • Future Trends • Psychological and Socio-cultural Factors • Policies and Procedures • Facility Occupants and Users • Activities • Circulation and Relationships • Safety and Security (operational aspects) Draft: October 17, 2011; Page CM1 jail Planning Services for Whatcom County Task 111.3.0 DESIGN PROGRAMMING Generic Scope of Services These will be discussed for each major area of the jail: • housing units — for each type of inmate/custody level (including the functional needs of cells, dayrooms, dining, interview and program spaces, showers, staff areas, outdoor recreation courtyards, storage, and the like) • book! ngfre lease/tra n sport (including movement to court and the possible inclusion of an arraignment court) • central control • administration • visiting • program areas • indoor recreation • medical and mental health services • kitchen • laundry • receiving/storage/maintenance • staff support. 111.3.1 Design Programming Workshops: The consultant will facilitate three, two-day long workshops with the programming committee to discuss physical and architectural aspects of the facility identified in Task 3.4, with an emphasis upon the building as a whole. 111.3.2 Space List: The consultant will further develop the detailed list of spaces initiated during the needs assessment study. The types, sizes, and numbers of spaces will be tested against the operational decisions made during Task 2.0 and modified as appropriate. 111.3.3 Value Engineering Workshop: During this phase of work, the consultant will participate in a one -to -two -day -long workshop organized by the construction manager. 111.3.4 Develop Relationship Diagrams: Spatial relationship diagrams will be developed for each functional area. Spaces will not be to scale, but will be shown in their relative sizes. 111.3.5 Document Design Program Information: The design information collected at the workshops will be documented for the following topics for review and comment by the programming committee: • Design Objectives • Facility Image • Code and Agency Requirements (especially Titles 15 and 24) Jay Farbstein & Associates, Inc. Draft: October 17, 2011; Page 8 Me Jail Planning Services for Whatcom County Task 111.4.0 PROGRAM REPORT Generic Scope of Services • Space Requirements • Space Relationships • Flexibility • Safety and Security • Equipment and Systems (including for the crime lab) • Ambient Environment • Furnishing and Fixture Criteria • Finish and Material Criteria • Graphics and Display • Site Development Criteria (including parking). These will be discussed for each of the major functional areas as listed in Task 2.4. 111.3.6 Review Meeting: The consultant will attend a meeting to present and review the documented requirements with the programming committee. 111.4.1 Draft Report: The consultant will prepare a draft report covering the results of all tasks described above. The draft report will include an executive summary, introduction, overall building requirements, specific requirements for each major functional area, and attachments as appropriate. The consultant will e-mail an Adobe Acrobat (PDF) file for distribution. 111.4.2 Review Meeting: The consultant will meet with the programming committee to receive comments for incorporation into the final report. 111.4.3 Final Report: Based on the comments received, the report will be revised as necessary. The consultant will e-mail an Adobe Acrobat (PDF) file for distribution. PHASE IV. DESIGN [Note: these services are tailored to a design -build process] ASSISTANCE Jay Farbstein & Associates, Inc. Following programming, the consultant will participate in briefing the design -build teams, design workshops, and design review coordinated by the construction manager. It is assumed that meetings will take place in Auburn or Sacramento. Note that all services during the design phase will be limited to comments on functional, operational and programmatic issues; technical and code -related architectural and engineering topics will not be covered by this consultant but will be the sole responsibility of the design -build team and/or construction manager. Draft: October 17, 2011; Page 9 350 Jail Planning Services for Whatcom County PROGRAMMING Generic Scope of Services IV.5.1 Initial Program Briefing: The consultant will meet with the construction manager and pre -qualified design build teams to present and review the program. IV.5.2 Design -Build Team Pre -Bid Sessions: The consultant will attend three two-day long workshops — one with each of the pre - qualified design -build teams to answer further questions about programmatic and operational issues. IV.5.3 Design -Build Submission Review: The consultants will participate in one three-day long review meeting (organized by the construction manager) to help assess the design -build submissions. IV.5.4 Design Review: The consultants will review two design submissions from their offices and provide written comments to the construction manager via e-mail. SCHEDULE It is anticipated that programming, once started, will require sixteen -to -twenty weeks, as shown in the figure on the following page. This does not include value engineering and design review, the schedule for which will be controlled by the construction manager. Jay Farbstein & Associates, Inc. It is assumed that the County will authorize the consultant to proceed with programming prior to completion of the master planning phase of the needs assessment (which would be completed after programming). Draft: October 17, 2011; Page 10 351 Jail Planning Services for Whatcom County Programming Schedule Generic Scope of Services Task Description Week 1 1 2 1 3 4 5 1 6 1 7 8 9 10 1 11 12 1 13 1 14 15 16 1.0 Management and Coordination 1.1 Project Initiation Meeting 1.2 Review Background Information 1.3 Project Administration 2.0 Functional Programming 2.1 Functional Program Workshops (2) 2.2 Tour/Observe Current Facilities 2.3 Evaluate Recent Housing Units 2.4 Tour Other Agency Facilities (Option) 2.5 Document Functional Program Info 3.0 Design Programming 3.1 Design Programming Workshops (2) 3.2 Space List 3.3 Relationships; Diagrams 3A Document Design Program Info 3.5 Review Meeting 4.0 Detailed Program Report 4.1 Draft Report 4.2 Review Meeting 4.3 Final Report M M M M M Rev. M I Rev. M NRev. Client Review Time M Meeting )ay Farbstein & Associates, Inc. Draft: October 17, 2011; Page 11 352 Whatcom County Jail Planning Task Force JPTF Final Recommendation on Size of the New Jail December 15, 2011 The Whatcom County Jail Planning Task Force (JPTF) has determined that there is a critical need for new Jail facilities and that the size and number of beds is a complex issue. The number of beds needed in Whatcom County's new jail will be dependent on numerous factors, including but not limited to: general demographic trends, available alternatives to incarceration, diversion programs, efficiencies in the courts, capital budget, operating budget, judicial and legislative mandates, and the need to remain at approximately 80% - 85% capacity to accommodate shifting populations. Each jail bed is very expensive to construct. Accurately predicting the number of beds needed is therefore critically important in the jail construction process. It is important that the final number of beds planned for construction is not selected arbitrarily, but is instead based on information specific to Whatcom County's needs and budget. Based on information gathered to date, the JPTF has determined that it is reasonable to estimate that the number of beds required for initial construction should be in the range of 500-700. We are also well aware that common facilities such as the kitchen, laundry, property storage, etc. should be designed and constructed to accommodate future growth and that construction should be planned to make future expansion cost-effective. The exact number and type of beds, needs to be determined in association with a professional Jail Planner, as outlined in the JPTF's December 6, 2011 recommendation to County Council. 353 Whatcom County jail Planning Task Force Site Selection Criteria February 15, 2012 # Rank Weight Criteria Average 1 2 15.2 Size The ideal site would: a. Accommodate the 500 — 700 bed capacity b. Provide room for expansion c. The site must permit the design of a facility that adheres to modern, accepted jail practices and standards d. The site must accommodate adequate recreational facilities e. Accommodate space for jail programs (See section 9) f. Provide space for storage and jail maintenance * See notes at the end. 2 1 15.3 Cost - Operational costs for facility on the site(s) This is largest long term expense for county. The ideal site would: a. Enable/allow the most operationally efficient facility/ complex to be developed and constructed on site b.Target a facility design to result in minimal increase of personnel c. Include design features that could result in sustainable savings for power, stormwater management, water use, waste management, etc. 3 8 7.3 Cost— cost and effort to purchase the site The ideal site would: a. Have reasonable net acquisition cost. b. Be county owned if possible c. If not county owned, have willing and motivated seller d. Condemnation for part or all is an option but certainly not desirable e. Involve a single selling entity (vs. trying to package up a site with multiple sellers) f. Be available for timely development 4 7 8.2 Cost— cost to develop, build and potentially expand on site The ideal site would: a. Have minimal to no mitigation requirements b. Have reasonable development costs. If possible, avoid a site that requires special techniques, unusual foundation supports significant additional drainage systems or special extensions of water and sewer lines c. Have appropriate zoning or be amendable d. Have reasonably good soils, terrain and access to services for lower upfront costs e. Have existing conditions most favorable to lowest development/construction costs (soils, services, other?) 5 4 8.5 Location — Safety The ideal site would: a. Avoid poor foundation and geotechnical conditions, earthquake faults, need for piling, liquefaction potential, and extensive excavation/filling, be outside the 100-year floodplain and outside of landslide and mine hazard areas 354 Whatcom County Jail Planning Task Force Site Selection Criteria February 15, 2012 b. Be accessible to medical facilities, with less than 10 minutes response time for emergency medical care. c. Be located away from high risk hazards such as high pressure gas lines and airport landing/take-off zones. d. Include space for area of refuge (evacuation zone.) 6 3 9.9 Location - Operational Convenience- County The ideal site would be: a. Reasonably close to 1-5 b. Centrally located in county c.A reasonable drive to the courthouse 7 4 8.5 Location — Transportation The ideal site would: a. Enable convenient access from major transportation corridors for law enforcement agencies and courthouse access and for visitation by families, legal counsel and for release of prisoners b. Be close to existing roadways, public transportation, and bike and pedestrian paths to reduce costs, minimize environmental impacts from transportation -related emissions, and promote healthy commuting practices c. Provide adequate space for secure and visitor parking for staff, law enforcement, professional and personal visiting d. Maximize use of technology to reduce trips to and from the jail 8 10 6.5 Location — Environmental considerations The ideal site would: a.Avoid or easily mitigate impact on unique, sensitive or critical areas b.Allow for the use of environmentally positive and efficient infrastructure, including, but not limited to geothermal, solar energy, on -site stormwater treatment, etc. 9 6 8.2 Location - Site offers potential for inmate programs The ideal site would have: a.Space for on -sit programs such as horticultural or other programs b. Space for jail industry programs that would provide an asset to the community and provide basic skills training for the offender c. Space for classrooms for basic education, life skills, training, etc. 1 9 7.2 Location - Neighborhood considerations We want to determine 0 what is best for the county as a whole. However this may adversely impact some neighborhoods. The ideal site would: a. Minimize impact on neighboring land use whenever possible. b. Have sufficient buffers to minimize the visual and auditory impacts to the neighborhood c. Allow for mitigation of traffic and road use effects on the neighborhood d. Have sufficient space to provide both internal and perimeter security barriers for community safety Note: the operational planning will help mitigate the impact to the immediate neighborhood. 355 Whatcom County jail Planning Task Force Site Selection Criteria February 15, 2012 1 11 5.4 Other considerations and overall opinion of site. This would allow 1 some points for subjective thoughts that aren't necessarily factored in above or scored above, such as: a. Unintended consequences b.Need for other users to be nearby c. Long term impact d.Impact on adjacent land parcels, both positive and negative e. Gut feeling on suitability for the new 'ail 100 * Notes on size: While outside the scope of the Jail Planning Task Force, if the county decides to co -locate the Sheriffs office with the jail, the site should include space for a new headquarters and parking. The Mental Health Triage Facility is part of the Jail Planning Task Force charge and we recognize this is important. While we restricted ourselves to the jail for the purposes of moving a new jail forward, we recommend that space be included either on -site or off -site for a Mental Health Triage Center. The Jail Planning Task Force has taken into consideration all elements of the County's established siting criteria for Essential Public Facilities, as outlined in the Whatcom County Comprehensive Plan (policy 2AAA-7), and has included those elements it feels are necessary. The Task Force recognizes that the wording in policy 2AAA-7 states that the listed elements should be considered, but does not mandate all elements be included. 356 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Special Committee Of The Whole March 13, 2012 CALL TO ORDER Council Chair Kathy Kershner called the meeting to order at 12:32 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, Pete Kremen and Carl Weimer Absent: None COMMITTEE DISCUSSION 1. DISCUSSION REGARDING PROCEDURES TO FOLLOW IN THE EVENT OF MEETING INTERRUPTION (AB2012-120) (12:32:27 PM) Kershner stated this meeting is to discuss what the Council may want to do in the event of future meeting disruptions. Knutzen stated and there was discussion of a disturbing email he received from someone asking if they have to go through metal detectors to go to the Council meetings. Mann stated: • Leaving the room to not give people an audience to that behavior. • Staying in the room as authority figures and to witness the actions. Crawford asked about whether people who disrupt meetings can be prevented from attending future meetings. Kershner asked about: • Using the metal detector security system to enter Council meetings. • Leaving the sound system on and putting the video camera on the group to provide evidence of the activity. • Using the existing panic buttons. Weimer stated and there was discussion of the frustration of being disruptive instead of being cooperative. Kremen stated don't video record and telecast the disruptive behavior. He prefers that they not use the metal detectors at this time. He asked about having one or two deputies attend the meeting. Special Committee of the Whole, 3/13/2012, Page 1 357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner stated she agrees with Councilmember Kremen that disruptive meeting attendees should not be filmed. Don't allow those who organize such disruptive behavior back into the meetings. Knutzen asked what the Council can do when it feels threatened. The following people answered questions: • Bill Elfo, Sheriff • Dave McEachran, Prosecutor • Mike Russell, Administrative Services Department Elfo stated deputies should not be the ones who decide who is out of order. Council can rule who is out of order and ask them to leave. If they don't leave, it constitutes disorderly conduct. Establish a process first. Asking deputies to attend every Council meeting is a funding issue. The deputies can respond when someone is asked to leave. McEachran stated it is a disorderly conduct misdemeanor to intentionally disrupt a lawful meeting. Established a process. Give a warning first. If the behavior continues, ask them to leave. Filming the incident would be good for evidence to convict. People cannot be prohibited from future meetings unless they have been convicted of the crime. The Court could condition and enforce a prohibition from future meetings through a court order. A surveillance camera would help him to identify the responsible individual. Mann asked and there was discussion of whether Lynn Barton's recording can be edited to remove the disruption when the meeting is broadcast. Elfo stated the security guards are only under contract to monitor the screening process for people entering the courthouse. They have no authority to arrest people or take them in to custody. Russell stated and there was discussion of the response from pushing panic button versus calling 9-1-1. Brenner asked and there was discussion of pressing charges for the most recent incident. McEachran stated editing the video recording would create a situation of altering a public document. Installing a surveillance camera is a good idea. Kremen asked and there was discussion about the cost of installing surveillance cameras. Brenner moved to ask the administration to investigate the possibility of installing surveillance cameras to monitor activities in the Council chambers. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Special Committee of the Whole, 3/13/2012, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner stated she would like to press charges against the one person who organized the most recent disruption. McEachran stated the Council doesn't need to vote on that. Kershner stated she will work with the Clerk to come up with a process for handling future disruptions, which may include ruling individuals out of order and asking them to stop the disruption. Lynn Barton, Barton Productions, stated it is up to the County, not her, to deal with public safety issues. She doesn't agree with editing the film. Kremen stated he suggests that whenever there is a disruption, the Chair would gavel the meeting to adjourn immediately and announce that the meeting will continue when proper decorum can be restored. Everyone should walk out in unison when a disruption occurs. It's not the Council's job to protect. Don't provide an audience for disruptive behavior. Brenner stated and there was discussion of all councilmembers leaving as long as the staff is allowed to leave, too. Mann stated and there was discussion of whether the Council's presence may prevent a disruption from escalating into something more violent. The following people spoke: • Greg Brown described his perspective of the meeting disruption. He agrees with installing a surveillance camera. Don't put the disruption on television. • Wendy Harris described her perspective of the meeting disruption. She is in favor of using the panic button. The Sheriff's Office handled the disruption well and appropriately. She is concerned about the Council's intent to prosecute those in the Occupy movement without also prosecuting Mr. Greg Brown, who physically accosted the audience member who tried to video record the disruption. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 1:19 p.m. The Council approved these minutes on , 2012. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Special Committee of the Whole, 3/13/2012, Page 3 359 1 2 3 4 5 6 7 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Kathy Kershner, Council Chair Special Committee of the Whole, 3/13/2012, Page 4 360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council March 13, 2012 CALL TO ORDER Council Chair Kathy Kershner called the meeting to order at 7:02 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy Kershner, Carl Weimer and Pete Kremen. Absent: None. FLAG SALUTE ANNOUNCEMENTS (7:04:22 PM) Kershner announced there was a discussion regarding procedures to follow in the event of meeting interruption (AB2012-120) during the Special Committee of the Whole meeting. MINUTES CONSENT (7:05:17 PM) Kremen moved to approve the minutes. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. COMMITTEE OF THE WHOLE FOR FEBRUARY 14, 2012 2. REGULAR COUNTY COUNCIL FOR FEBRUARY 14, 2012 3. SPECIAL SURFACE WATER WORK SESSION FOR FEBRUARY 21, 2012 4. COMMITTEE OF THE WHOLE FOR FEBRUARY 28, 2012 OPEN SESSION (7:05:48 PM) The following people spoke: • Tee King, Occupy Bellingham, spoke about the Council meeting disruption on February 28, 2012. Whatcom County Council, 3/13/2012, Page 1 361 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner stated there is no democracy when people are not only disruptive, but are scaring people at a public meeting with a public process where everyone can be heard, not just the loudest. Without public process where everyone feels safe, there is no democracy. • Octavia Harris and Brittany Otter, Americorp Retention Project Members, spoke about the Washington Campus Compact and Americorp at Western Washington Univeristy. • Charles Long spoke about the general discussion with County staff regarding the Gateway Pacific Terminal Project (AB2012-068A). • Greg Brown submitted and read from a handout (on file) and spoke about the Birch Bay watershed, Northwest Innovation, agreement for community energy challenge, and replacement of high roof van. • Shane Roth spoke about the Council meeting disruption on February 28, 2012. • (Clerk's Note: The speaker following Shane Roth requested that his/her testimony not be included in the minutes. The speaker's testimony is available on the meeting's audio recording.) • Larry Helm spoke about public notification of the Lake Whatcom watershed planning process. • David Stalheim submitted information (on file) and spoke about the Ordinance Repealing Ordinance #2010-067, One -Time Economic Hardship Extension (AB2012-103). • Patrick Alesse spoke about the Council meeting disruption on February 28, 2012. CONSENT AGENDA (7:32:49 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through seven. Knutzen withdrew item five. Brenner withdrew item two. The motion to approve Consent Agenda by the following vote: Ayes: Kremen, Crawford, Brenner, Nays: None (0) items one, three, four, six, and seven carried Weimer, Knutzen, Mann and Kershner (7) 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND DAN HILSINGER FOR 677 NORTH LAKE SAMISH ROAD IN THE AMOUNT OF $895 PER MONTH (AB2012-110) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND ZERVAS GROUP ARCHITECTS TO PROVIDE REVIEW, ACCESS, CONDITION, AND METHODOLOGY FOR REPAIR TO THE BUILDING ENVELOPE OF THE CIVIC CENTER ANNEX, IN THE AMOUNT OF $109,400 (AB2012-111) Whatcom County Council, 3/13/2012, Page 2 362 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Mann reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda item two. Brenner stated they are throwing good money after bad. It's a bad building, and they keep throwing money into it. It isn't ever going to make it a good building. She won't support it. Knutzen stated he agrees that it seems like a money pit. The County is investing more and more money on consultants, time, and energy for a building that the County is using. He doesn't know how to get out of that. He reluctantly will vote for it. Brenner stated she is being consistent in that she's never voted for it. The motion carried by the following vote: Ayes: Kremen, Crawford, Weimer, Knutzen, Mann and Kershner (6) Nays: Brenner (1) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A SUB -RECIPIENT AGREEMENT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL TO SUPPORT THE EFFORTS OF THE COMMUNITY ENERGY CHALLENGE TO FACILITATE THE CREATION OF RESIDENTIAL ENERGY EFFICIENCY PROJECTS, IN THE AMOUNT OF $198,085 (AB2012- 112) 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #12-05 TO THE SOLE BIDDER, WILSON MOTORS, FOR THE SUPPLY OF A REPLACEMENT HIGH ROOF CREW VAN FOR USE BY THE PUBLIC WORKS SURVEY CREW, IN THE AMOUNT OF $42,319.62 (AB2012-113) S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE PURCHASE OF TWO REPLACEMENT TRACTORS USING THE WASHINGTON STATE CONTRACT THROUGH VENDOR WASHINGTON TRACTOR, IN THE AMOUNT OF $150,694.38 (AB2012-114) Mann reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda item five. Knutzen stated he thanks the Public Works Department staff for trying to steer business locally. Last summer, the County invested $1.5 million in the vegetation management program for mowing the County roads. They would be better -served by contracting this service out to the private sector. Brenner stated she didn't find anything wrong with the tractors the County has now. Replacement shouldn't have to due with age. She supports the idea of contracting the service. Keep the existing tractors as backup. According to a private service provider, a contract with the County can be prioritized during emergencies. She won't support this request. Whatcom County Council, 3/13/2012, Page 3 363 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Kershner stated that according to County Engineer Joe Rutan, the County contracted out this service some time ago, and it didn't work out well. This work also provides the department an opportunity to inspect roads and determine where repairs are needed. Mann stated it's also an opportunity for the staff to identify plugged culverts. The mowing isn't a full time job, so that personnel serves other functions. Knutzen stated the staff mow the roads all year long. They also drive the snow plows. Kershner stated she's in favor of contracting with the private sector whenever it makes sense and it's more economical. Mr. Rutan told them that contracting this work might not be the most economical way to pay for the service. Brenner stated companies won't invest in special equipment without a priority contract. They won't be able to bid on a project without having a priority contract, which is one of the problems. Mann asked what constitutes a lawn mowing emergency. Brenner stated the emergency has to do with things such as plugged culverts. The motion carried by the following vote: Ayes: Kremen, Crawford, Weimer, Mann and Kershner (5) Nays: Brenner and Knutzen (2) 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #12-11 TO THE LOW BIDDERS, MCASPHALT INDUSTRIES AND PARAMOUNT PETROLEUM FOR DELIVERY AND SUPPLY OF ASPHALTIC EMULSIONS, IN AN ESTIMATED AMOUNT OF $840,000 (AB2012-115) 7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A SECOND THREE-YEAR MICROSOFT ENTERPRISE AGREEMENT TO PAY ANNUAL MAINTENANCE ON SOFTWARE USING DISCOUNTED PRICING THROUGH THE WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES CONTRACT (AB2012-122) OTHER ITEMS 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND ANCHOR QEA, LLC TO PROVIDE CONSULTING SERVICES TO COMPLETE PHASE 2 OF A RIPARIAN CONDITION AND FUNCTION ASSESSMENT OF COASTAL DRAINAGE STREAMS AND MARINE SHORELINES, IN THE AMOUNT OF $30,000 (AB2012-096) (7: 41: 55 PM) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Whatcom County Council, 3/13/2012, Page 4 364 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. Mann reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 2. ORDINANCE IN THE MATTER OF GRANTING A NON-EXCLUSIVE FRANCHISE TO THE GEORGIA MANOR WATER ASSOCIATION, INC., FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW AND SECTION 9 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN WATER LINES AND FACILITIES ALONG CERTAIN ROADS AND HIGHWAYS WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY (AB2011-181) (7:42:55 PM) Brenner reported for the Public Works, Health, and Safety Committee and moved to adopt the ordinance. Mann stated he is philosophically conflicted about this item, so he will abstain. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6) Nays: None (0) Abstains: Mann (1) 3. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.24.161 TO REDUCE THE MAXIMUM ALLOWABLE FLOOR AREA OF CERTAIN CONDITIONALLY PERMITTED NON-RESIDENTIAL USES IN THE URBAN RESIDENTIAL MIXED USE ZONE (AB2012-102) (7:44:56 PM) Crawford moved to adopt the ordinance. The Council had the best intention a few years ago. He hopes there is a new spirit of cooperation between the City and County. The City Council agreed to keep the drive -through component. He's normally hesitant to add additional restrictions on construction. In this case, it's a sign of cooperation and making plans consistent and aligned with long-term planning efforts. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 4. ORDINANCE REPEALING ORDINANCE #2010-067, ONE-TIME ECONOMIC HARDSHIP EXTENSION (AB2012-103) (7:47:00 PM) Crawford moved to adopt the ordinance. Weimer asked if this really addresses the Growth Management Hearings Board's concerns and if the permits are still valid into the future. Royce Buckingham, Prosecutor's Office, stated the Board's power is limited to invalidating ordinances going forward. The Board doesn't have jurisdiction to go backward Whatcom County Council, 3/13/2012, Page 5 365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. and rule on individual permits. The County would have to consider actions suggested by Mr. Stalheim independent of the Board's ruling. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 5. ORDINANCE REDUCING THE PARKS & RECREATION DEPARTMENT'S PETTY CASH REVOLVING FUND (AB2012-104) (7:49:14 PM) Crawford moved to adopt the ordinance. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 6. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS OF JAMES KYLE AND STEPHEN JONES TO THE WHATCOM COUNTY ECONOMIC DEVELOPMENT INVESTMENT BOARD (AB2012-116) (7:50:00 PM) Knutzen moved to confirm the appointment. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) INTRODUCTION ITEMS (7:50:29 PM) Brenner moved to accept Introduction Items one through seven and nine. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE BELLINGHAM URBAN GROWTH AREA (AB2011- 340A) 2. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BLAINE AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE BLAINE URBAN GROWTH AREA (AB2011-340B) 3. INTERLOCAL AGREEMENT BETWEEN THE CITY OF EVERSON AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE EVERSON URBAN GROWTH AREA (AB2011-340C) Whatcom County Council, 3/13/2012, Page 6 366 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. 4. INTERLOCAL AGREEMENT BETWEEN THE CITY OF FERNDALE AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE FERNDALE URBAN GROWTH AREA (AB2011-340D) S. INTERLOCAL AGREEMENT BETWEEN THE CITY OF LYNDEN AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE LYNDEN URBAN GROWTH AREA (AB2011-340E) 6. INTERLOCAL AGREEMENT BETWEEN THE CITY OF NOOKSACK AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE NOOKSACK URBAN GROWTH AREA (AB2011- 340F) 7. DISCUSSION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUMAS AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE SUMAS URBAN GROWTH AREA (AB2011- 340G) (HEARING TO BE SCHEDULED) 8. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, CREATING CHAPTER 20.51 LAKE WHATCOM WATERSHED OVERLAY DISTRICT, TO ADDRESS STORMWATER AND LAND USE REGULATIONS IN THE LAKE WHATCOM WATERSHED (AB2012-117) This item was withdrawn from the agenda. 9. ORDINANCE AMENDING 2012 WHATCOM COUNTY BUDGET, SIXTH REQUEST, IN THE AMOUNT OF $90,278 (AB2012-118) OTHER BUSINESS (7:51:36 PM) Brenner reported for the Public Works, Health, and Safety Committee about the discussion regarding rainwater catchment (AB2012-119) and moved to request the administration to look into amending WCC 24.11, Drinking Water Code, to allow for a hybrid public water/rainwater catchment system, and look at the existing rainwater catchment minimum design criteria in light of high efficiency appliances and water conserving fixtures. The intent is to see if they can develop a hybrid and if they can give people credit for having high efficiency appliances. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Crawford reported on the Mental Health Board and Substance Abuse Advisory Board joint meeting. Currently, there is about $4 million in the mental health sales tax fund. The County has been slow in using those funds for treatment programs. The Behavioral Health Advisory Committee agreed that the County should use $2.3 million to build a new, Whatcom County Council, 3/13/2012, Page 7 367 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. expanded triage center when the new jail is built. Also, there is an opportunity to cooperate with the City of Bellingham to build a 42-unit building for low-income, at -risk, or co- occurring disorder people. The County must decide where this fund is headed and look at projections into the future. In a few weeks, staff will have a meeting to look at how to spend the money from this fund, including how much can be spent on capital projects. He always imagined that this money would be used for specific programs and treatment. However, using portions of the fund for capital projects is something he's never considered before. The Council will have to become more knowledgeable before making a decision on this facility request. Kremen reported that he represented the County at the Washington Association of Counties Legislative Steering Committee last week. He had a meeting with the Speaker of the House and other county officials throughout the State to discuss the Whatcom County's rural sales tax. It appears that the proposed Senate budget keeps the County whole. The Speaker indicated that the House was likely to support the retention of the rural sales tax. It appears that Whatcom County will not take such a large funding hit as proposed by the House. At the very worst, it will be less than one -quarter or substantially less than that. Brenner reported 15 proposals were presented at the Mental Health Board and Substance Abuse Advisory Board joint meeting. Many of the proposals were about continuing existing services. They need to consider many services on which to spend the mental health sales tax money. She appreciates the efforts to find more housing, but they need to handle other crises. Kershner reported that the North Sound Mental Health Administration hired Joe Valentine to take the helm from Charles Benjamin, who recently retired. She worked with Mr. Valentine in Snohomish County 20 years ago. Knutzen reported that he attended a tour of Intalco with a group of students called the InvenTeam. The students are very inventive. For example, they have a classmate who has spina bifida, so the group invented a recumbent tricycle for the student to ride. The group was given an award by the Massachusetts Institute of Technology (MIT) program. He also congratulated the Lynden basketball teams who won state championships. ADJOURN The meeting adjourned at 8:05 p.m. The Council approved these minutes on , 2012. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair Whatcom County Council, 3/13/2012, Page 8 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 2 3 4 Jill Nixon, Minutes Transcription Whatcom County Council, 3/13/2012, Page 9 369 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Special Committee Of The Whole March 20, 2012 CALL TO ORDER Council Chair Kathy Kershner called the meeting to order at 1:04 p.m. in the Courthouse Conference Room 512, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, Pete Kremen and Carl Weimer Absent: None 1. EXECUTIVE SESSION DISCUSSION WITH THE ADMINISTRATION REGARDING COLLECTIVE BARGAINING Kershner stated that discussion of agenda item one may take place in executive session pursuant to RCW42.30.140(4)(a). Executive session will conclude no later than 4:00 p.m. If the meeting extends beyond the stated conclusion time, she will step out of the meeting to make a public announcement. Mann moved to go into executive session until no later than 4:00 p.m. to discuss the agenda pursuant to RCW citations as announced by the Council Chair. The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Kremen and Weimer (7) Nays: None (0) OTHER BUSINESS ADJOURN The meeting adjourned at 3:15 p.m. The Council approved these minutes on , 2012. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair Special Committee of the Whole, 3/20/2012, Page 1 370 1 2 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. Jill Nixon, Minutes Transcription Special Committee of the Whole, 3/20/2012, Page 2 371 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-130 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Frank Abart 3 / 2 7 / 2 012 introduction E C E � V E D 4/ 10/ 12 Hearing Division Head: FrankAbart MAR 2 0 2012 W HATCO M COUNTY COUNCIL Dept. Head: Frank!;4,� '116�0 Prosecutor Dan Gibson 031r4%z Pun;hasinglBudget: U Executive: Jack Louw TITLE OF DOCUMENT: Ordinance amending WCC 10.34, Ferry Rates, and Unified Fee Schedule. ATTACHMENTS: Ordinance, Exhibits A and B SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance orrequires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance amends Whatcom County Code 10.34 and corresponding Whatcom County Unified Fee Schedule to incorporate the Whatcom County Citizens' Task Force for the Lummi Island Ferry recommendation to offer free passenger and pedestrian passage for all children under the age of nineteen (19) all year round. COMMITTEE ACTION: COUNCIL ACTION: 3/27/2012: 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.whatcom.wa.us/council. :3 /1 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director Ferry Division 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 ECEIV CIIJ (360) 738 4561 www. whatcomcounty. us MAR 15 2012 MEMORANDUM JACK LOUWS COUNTY EXECUTIVE TO: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council FROM: Frank M. Abart, Director S/wbw X RE: An Ordinance to amend WCC 10.34, Ferry Rates and the Unified Fee Schedule for Ferry User Fees. DATE: March 12, 2012 Requested Action: Recommend consideration of the attached ordinance that amends Whatcom County Code 10.34 and the corresponding Whatcom County Unified Fee Schedule to incorporate the Whatcom County Citizens' Task Force for the Lummi Island Ferry recommendation to offer free passenger and pedestrian passage on the Whatcom Chief for all children under the age of nineteen (19) all year round. Background and Purpose: On November 23, 2010, the Whatcom County Council voted to establish a Citizens' Task Force for the Lummi Island Ferry. On August 1, 2011 the Citizens' Task Force submitted their report to the Whatcom County Council. This ordinance addresses two of the Citizens' Task Force recommendations. #57: Ages 6 through 18 (through high school) have free passage as passengers/pedestrians. #63: Discontinue July — August student punchcards. The attached ordinance incorporates both of these recommendations through changes to Exhibit A (Chapter 10.34 Ferry Rates) and Exhibit B (Unified Fee Schedule). Information: The amended ferry rates will become effective fifteen (15) days from the ordinance adoption date. If you have any questions please call Frank Abart at extension 50678. Thank you. Enc. 373 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 SPONSORED BY: Frank Abart PROPOSED BY: Public Works INTRODUCTION DATE: ORDINANCE NO. AMENDING WHATCOM COUNTY CODE CHAPTER 10.34 FERRY RATES AND CORRESPONDING WHATCOM COUNTY 2012 UNIFIED FEE SCHEDULE WHEREAS, Chapter 10.34 of the Whatcom County Code addresses administration of ferry rates and an interpretation of the rate schedule included in the Whatcom County Unified Fee Schedule; and WHEREAS, The Whatcom County Citizens' Task Force for the Lummi Island Ferry recommended that free passenger and pedestrian passage be offered to all children under the age of nineteen (19) all year round; WHEREAS, Public Works has done a review and concurs with this recommendation; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 10.34 is hereby amended as shown in Exhibit A to this ordinance, and BE IT FURTHER ORDAINED that the Unified Fee Schedule be amended as set forth in the attached Exhibit B to this ordinance, and BE IT FURTHER ORDAINED that the amended fares set forth in Exhibit B shall be effective fifteen (15) days after the date of signature of this ordinance by the Whatcom County Executive or as otherwise enacted. Page 1 374 ADOPTED this day of , 2012. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED A�S/ IT�O� -FORM: Civil Deputy Prosecutor Page 2 Kathy Kershner, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 375 EXHIBIT A Chapter 10.34 FERRY RATES Sections: 10.34.005 Definitions. 10.34.010 Effective date for ferry user fees. 10.34.020 Interpretation of rate schedule. 10.34.030 Use of ferry user fee revenues. 10.34.005 Definitions. A. "Ferry system" means all physical elements of the Lummi Island ferry operations, including both the Gooseberry Point and Lummi Island vehicle and pedestrian staging areas, vehicle parking areas, and ferry docks, and any and all boats utilized for transport purposes. B. "Operating cost" means all actual daily panning expenses and all actual regular and routine maintenance and administrative expenses associated with the use and operation of all physical elements of the ferry system. C. "Capital cost" means all capital expenditures, including financing and depreciation expenses applied to the replacement, expansion, or creation of ferry system physical elements. D. "Fare box recovery rate" means the calculated percentage of total revenue generated through ferry user fees in comparison to total actual operating costs for the same period of time minus any revenue from the motor vehicle fuel tax meant for ferry operations, or from interest. E. "Ferry user fees" means the rates and charges required of and collected from any and all users of the ferry system, as established and periodically amended in the Unified Fee Schedule. F. "Rate schedule" means the combination of ferry user fees and operational policies affecting the use of the ferry system. (Ord. 2010-054 Exh. A. Ord. 2008-052 Exh. A, Ord. 2008-017 Exh. A; Ord. 2007001 Exh. A; Ord. 2005-090 Exh. A). 10.34.010 Effective date for ferry user fees. Ferry user fees are set forth in the Whatcom County Unified Fee Schedule and become 376 effective as set forth in the ordinance adopting or amending such schedule. (Ord 2010-054 Exh. A, Ord. 2008-052 Exh. A, Ord. 2008-017 Exh. A; Ord. 2007-001 Exh. A; Ord. 2005- 090 Exh. A; Ord. 2002-012; Ord. 2001-064; Ord. 93-080 Exh. Q). 10.34.020 Interpretation of rate schedule. The following provisions should be observed in application of the ferry rate schedule: A. Trailers shall include, but not be limited to, ball hitches, military hitches, fifth wheel in bed of pickup, dump trailers, recreation trailers and mobile homes. B. Special trips are a surcharge in addition to the applicable fare. C. A weekly nin limited to fuel trucks, charged at the regular rate, shall be scheduled by the public works department and published appropriately. D. Trucks and tow vehicles with trailers shall be charged a rate based on length and weight. Heavy machinery and motor homes shall be charged at the corresponding vehicle rate. E. All trucks shall be charged regular round-trip rates based on legal license capacity. F. Over -width vehicles or trailers occupying more than one lane shall be charged a 50 percent surcharge. In addition, vehicles towing over -width trailers shall also be charged a 50 percent surcharge. G. Student multi -ride cards shall be sold to full-time post -high school students only. Proof of age post -high school afid-enrollment shall be required at time of purchase. No special student discount is available for drivers of vehicles. H. A special rate n9ay be applied te ehildren Linder 12 and eChildren 12 to under 48 19 (nineteen) years of age: will receive free passenger and pedestrian passage all year round. No special child discount is available for drivers of vehicles. I. County employees on official county business shall be exempt from fares. All county employee trips exempt from fares will be tracked, and $10.00 per trip will be credited toward the fare box recovery rate each year. J. Enrolled members of the Lummi Indian Tribe who are issued appropriate identification cards by the tribe, or current fishing cards, licenses, or Lummi Indian Business Council ID cards and who have legitimate tribal business upon Lummi Island, as indicated by the Lummi Indian Tribe, shall have free foot passage upon and across the ferry operated by Whatcom County between Gooseberry Point and Lummi Island. K. A special -needs -based discount is provided for Lummi Island residents who meet the income levels listed below. These special tickets will only be sold at the Whatcom County treasurer's office in Bellingham and will require proof of income and family size. Eligibility will be reviewed at least annually. Forms and procedures will be developed by the 377 Whatcom County treasurer's office. 1. Family of four or more with less than $40,000 total annual income; 2. Family of three with less than $30,000 total annual income; 3. Family of two with less than $20,000 total annual income; 4. Individual with less than $10,000 total annual income. L. Eligibility for a special "senior/disabled" discount is available to all Lummi Island residents who currently hold property tax exemptions or deferral as defined under RCW 84.36.381 and 84.38.030 and WAC 458-16-020 and 458-18020, and as these may be hereafter amended. Eligibility for a special "senior/disabled" discount is also available to all Lummi Island residents that also qualify for medical assistance within the Medicaid Program. M. Intentionally left blank. N. All children under the age of 12 years when traveling on the Whatcom County ferry must be accompanied by an adult. An exception to this policy will be made only if the adult parent or guardian signs a waiver exempting Whatcom County from all liabilities for any and all injuries, loss of life, etc., while the child is traveling on the ferry. 10.34.030 Use of ferry user fee revenues. Beginning January 1, 2006, a 55 percent fare box recovery rate shall be applied and evaluated continuously from that time forward. An annual review of ferry system services, actual and projected operating costs, and actual and projected revenue from ferry user fees shall occur in order to verify the 55 percent fare box recovery rate is being achieved. In any given year the actual fare box recovery rate exceeds 55 percent, the excess revenue shall be retained in the ferry system fund and applied only to future operating costs. In any given year the actual fare box recovery rate is below 55 percent, the difference shall be recovered in a future ferry user fee increase unless there is adequate excess ferry user fee revenue remaining in the ferry system fund collected during prior years. Beginning January 1, 2007, any interest income or income from state motor vehicle fuel tax for ferry operation will be deducted from the actual operating costs before the actual 55 percent fare box recovery rate is calculated. (Ord. 2010-054, Exh A, Ord. 2008-052 Exh. A; Ord. 2008-017 Exh. A; Ord. 2007-001 Exh. A; Ord. 2005-090 Exh. 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O O U_ O co N tT O C)O CO c N O 0 0 0 0 0 0 m Q� C LL O rn m m D I o H m cn N CL L] a� a� a� a� m m 3 w m= Q •c N v, .o u z 0 � m Y C N N Cy N N N N N N N CO j d V d z U) > > > > > > > F- F- F- O u) to eLa a N I` Cy CO O O N CO NT LO CO I` •v 00 v NT (� U. In LO Ln O CO CO CO CO CO CO CO CO d CO L � C)L � J O LO LO O � O Ln O Ln O Ln O Ln O Ln O LO O LON O LO N O LO x a Co ti Oo ai o C� C-j .4 ui Co ti LU N N 04 04 04 04 04 04 381 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-137 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: PW Committee/ Originator: JPR 311312012 d I E C E� V E D 312712012 Introduction Public Hearing/ Division Head: JPR 317312012 MAR 2 0 2012 WHATCOM COUNTY COUNCIL 411012012 Adoption Dept. Head: Prosecutor: 03/14/1z Purchasing/Budget: AA Executive: TITLE OF DOCUMENT. Resolution Amending the 2012-2017 Six -Year Transportation Improvement Program to include two additional projects and modify the title and project limits of an existing project: ATTACHMENTS: 1. Memo to County Executive and Council 2. Project Summary Sheets (3) 3. 2012-2017 Six Year Transportation Improvement Program Resolution Amendment 4. Exhibit "A" 2012-2017 Six Year Transportation Improvement Program SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? . (X) Yes ( ) NO SEPA review completed? ( ) Yes (X) NO Requested Date: 411012012 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Amendment to 2012-2017 Six -Year Transportation Improvement Program is necessary to include two additional projects: "Hannegan Rd. — Hemmi Rd. to Scott Ditch Bridge and "Gooseberry Pt: Pedestrian Facility': Also modify the title and project limits of the "E. Smith Rd/Everson Goshen Rd. "to "East Smith Road, Everson Goshen Rd to SR 542': COMMITTEE ACTION: COUNCIL ACTION: 3/27/2012: Recommended for approval 3/27/2012: 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.whatcom.waus/counciL C: WHATCOM COUNTY �oM JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT County Engineer/Assistant Director s° e ya 322 N. Commercial Street, Ste 301 Frank M. Abart d Bellingham, WA 98225-4042 for Phone: (360) 715-7450 Director 9$hIN�+ Fax: (360) 715-7451 Memo RECEIVED To: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council MAR 15 2012 Through: Frank M. Abart, Directorof JACK LOUWS_ From: Joseph P. Rutan, P.E., County Engineer/Assistant Direct �j COUNTY EXECUI IVE Date: March 14, 2012 Re: Amending the 2012-2017 Six -Year Transportation hmprovement Program, PW Committee Work Session, Introduction, Public Hearing and Adoption Requested Action: The Department of Public Works requests that a Council Public Works Committee work session be scheduled for March 27, 2012, for discussion of the information attached to this memorandum regarding amending the 2012-2017 Six -Year Transportation Improvement Program (STIP). If approved by the Committee we request that the Amended STIP Resolution and associated exhibit 2012-2017 Six -Year Transportation Improvement Program be introduced at that evening's County Council meeting. We then request that a public hearing be advertised and held at the April 10, 2012 County Council meeting, with the amended resolution potentially adopted at said meeting. Background and Purpose: The 2012-2017 STIP was approved by Resolution 2011-025 on September 13, 2011. Amendment of the 2012-2017 STIP is being requested to include two new projects and modify the project title and limits of a project currently listed. • Add Project #6,"Gooseberry Point Pedestrian Facility". The 2012-2017 STIP was adopted prior to the approval of the Lummi Nation Ferry Lease which requires the inclusion of this project on the County's STIP along with $2,000,000 in year 1 and $2,000,000 in year 6. This project, along with the $2,000,000 shown in year 1 is shown on the County's 2012 Annual Construction Program and is accounted for in the Public Works Departments 2012 budget. Modify Title and Limits Project #11, "E. Smith Rd/Everson Goshen Rd" Change project title to "East Smith Road, Everson Goshen Road to SR542" with a total project length of 3.25 miles. This modification is being requested to make this project eligible to receive Rural Arterial Pavement Preservation (RAPP) grant funding, available in 2013, by identifying a specific roadway segment. The total estimated cost for this project is $1,350,000. Funding for this project as currently shown on the 2012-2017 STIP is not being altered at this time and no expenditures will occur in 2012. The 2013-2018 STIP to be considered by the Council in June will include this project and will show all associated construction costs and grant funding. Add project # 14,"Hannegan Road, Hemmi Road to Scott Ditch Bridge". This pavement rehabilitation project is 4.02 miles long. This project is being requested for addition to the 2012-2017 STIP due to its high potential to receive RAPP grant funding available for the 2013 construction season. The total estimated cost for this project is $1,350,000. This amendment will include $5,000 for preliminary engineering in year 2 of the 2012-2017 STIP and no expenditures will occur in 2012. The 2013-2018 STIP to be considered by the Council in June will include this project and will show all associated constructions costs and grant funding. C Information: Whatcom County can compete for up to $2,400,000 in Rural Arterial Pavement Preservation (RAPP) program funds available in 2013. RCW 36.79 requires that all projects seeking funding in the upcoming September 2012 call for projects be listed on the County's even year STIP. Public Works staff has analyzed the RAPP funding criteria order to identify projects of the greatest need that also will compete well for these limited funds. Vehicle volumes, freight and goods route designation, and ability for the project to complete a missing link are all key factors in the RAPP scoring sheets. The two projects "East Smith Road, Everson Goshen Rd. to SR 542" and "Hannegan Road, Hemmi Road to Scott Ditch Bridge" have these elements and have the greatest potential to successfully compete for RAPP funding. C:A Whatcom County Public Works Project Narrative Gooseberry Point Pedestrian Project CRP #912017 Construction Funding Year(s): 2012 & 2017 Project Narrative: Reconstruction Features: This project is in fulfillment of the ferry lease obligation. This project will construct Total Width N/A pedestrian facilities such as sidewalks, separated paths and/or shared use shoulders, Lane Width N/A among other non -motorized improvements. Shoulder Width N/A Curb/Gutter N/A Sidewalk N/A Project Status: These funds will be available for expenditure when matching funds of equal or greater are available. Total Estimated Project Cost: $4,000,000 in Local Funds Expenditures to Date: -0- Funding Sources: Federal $ State $ Local . $2,000,000 in 2012 - $2,000,000 in 2017 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A is\annual road construction program\2012 project narratives\06 gooseberry point pedestrian project.docx 385 Whatcom County Public Works Project Narrative East Smith Road, Everson Goshen Road to SR 542 Construction Funding Year(s): 2013 Project Narrative: This 3.25 mile long resurface and restoration project will correct structural roadway deficiencies and improve traffic and roadside safety conditions. This project is listed #50 on the Amended 2012-2017 Six -Year Transportation Improvement Program. Project Status: Public Works has submitted this project as a funding application to the County Road Administration Board's call for projects in the 2013-2015 Rural Arterial Program funding cycle. Total Estimated Project Cost: $ 1,350,000 Expenditures to Date: $ 0 Funding Sources: Federal $ 0 State $ 1,215,000 Local $ 135,000 Environmental Permitting SEPA, Shorelines, and other County Permits Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) To Be Determined 3 0 '6'Helivni.ed 3 EHemmi Rd Laurel PROJECT LI M ITS Q _ w ^ r 'rear ae ' x E Smith Rd E Smith Rd J w, a n � kedy Rd Kelly Rd--- Q $R 542 INTERSECTION EVERSON GOSHEN RD INTERSECTION 4k �a Guide 539 .111er Hwy �� iD Widen a .- a E 6akeniew Rd ='.'-:. Mt Baker?• y olumlxe ..'" silver 8 cF t . r 'AlstibmaWlq CITY OF ' NOT TO SCALE ,` BELLINGHAIVI—S' s :l.Whs 6M I:\Annual Road Construction Program\2012 Project Narratives\50 East Smith Road (EversonGoshen-SR549).docx 386 Whatcom County Public Works Project Narrative Hannegan Road, Hemmi Road to Scott Ditch Bridge Construction Funding Year(s): 2013 Project Narrative: This 4.02 mile long resurface and restoration project will correct structural roadway deficiencies and improve traffic and roadside safety conditions. This project is listed #49 on the Amended 2012-2017 Six -Year Transportation Improvement Program. Project Status: Public Works has submitted this project as a funding application to the County Road Administration Board's call for projects in the 2013-2015 Rural Arterial Program funding cycle. Total Estimated Project Cost: $ 1,350,000 Expenditures to Date: $ 0 Funding Sources: Federal $ 0 State $ 1,215,000 Local $ 135,000 Environmental Permitting SEPA, Shorelines, and other County Permits Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) To Be Determined CITY OF Mai•^ St Main St L Y N D E N 539 9� FtcrA St i(4k Rd Polinder Rd 6 NOT TO SCALE ii a Abbott Rd a SCOTT DITCH BRIDGE' r Van Dyk Rd E Wiser Lake R ,,y r PROJECT LIMITS " 539 x,W o a N E Pole Rd ® E Pole Rd m x A o c n Beard Rd = � � w � a Central Rd i m Ten Mile Rd i 539 0' E Hemmi Rd E Hernmi Rd s m n a Laurel XHEMMI RD INTERSECTION w E Axton Rd is\annual road construction program\2012 project narratives\49 hannegan(hemmi-scottditchbridge).docx PROPOSED BY: INTRODUCED: RESOLUTION NO. AMENDING THE WHATCOM COUNTY SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2012 THROUGH 2O17 WHEREAS, pursuant to RCW 36.81.121, Whatcom County is required to prepare and adopt a Six -Year Transportation Improvement Program each year; and WHEREAS, on September 13, 2011, the Six -Year Transportation Improvement Program (Six -Year TIP) for the years 2012 through 2017 was approved, Resolution 2011-025; and TIP. WHEREAS, based upon the Lummi Nation Ferry Lease; and WHEREAS, in order to compete for grant funding, it is necessary to amend the Six -Year NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the 2012- 2017 Six -Year Transportation Improvement Program be amended as follows: Add #06: Gooseberry Point Pedestrian Facility Year 1 - $2,000,000 local fund/$500,000 for preliminary engineering, $250,000 for Right -of -Way, $1,250,000 for Contract. Year 6 - $2,000,000 for Contract. Project 11: Amend title and limits: "E. Smith Rd/Everson Goshen Rd" to "East Smith Road, Everson Goshen Rd to SR 542". Change project length to 3.25 miles. Add #14: Hannegan Road, Hemmi Road to Scott Ditch Pavement Rehabilitation. Year 2 - $5,000 for preliminary engineering. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council as follows: Page 1 CM1 1. That the Whatcom County Six -Year Transportation Improvement Program for the years 2012 through 2017, which is attached hereto as Exhibit "A", be amended to include additions #6 and #14 and amended title and limits on Project 12, 2. That the County Engineer is directed to file a copy of the same with the County Road Administration Board and the State Secretary of Transportation. APPROVED this day of , 2012. 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C O O O O G O O ti o O m c o Z o` n � q z IL E a y m 3lb d 9 2 C yftoQ da 0. N m 0 d U C LL!LL S E� c Ea a Em Ero o Em H E� > h Q> 2 > �> jagwnN Iquoud N `� a v 00 SSeIO 0 0 0 leuogound o 0 0 17 N r U m 0 c a 397 � � «§ ,ch �ƒ& 2 ©m ■ ©m ■ $ � � 2 m � � §\ , m ° \§ C4 \ x ©$ @ ©; ¥ w e f ©®\ �) K ®\ § ®q § 0 f LL / JJ =co a�a / §/ A)R k) r2£• ) ¥�J, w)�a i } J33 # 2 § 0 �E 22 �f _k fo cO a sepo:) r 2 � o ! co V § _ms Lo U) 0 o . z 2co f & Cd E z 0 - - °�2 / A �± E ■ ! } �vazk0 � cc-0 -0 &•.-� 00 / ) is .�ILU)CO3 /4d§ui� §/ \ ®J ) , _N $CD A, +d © _» ` - — S po u@ S / / f I Six Year Transportation Improvement Program Instructions for Completing the Form Complete the form for the six year program in accordance with the following instructions. Include all transportation -related projects regardless of location or source of funds. Heading Agency Enter name of the sponsoring agency. County Number Enter the OFM assigned number (see LAG Appendix 21.44). City Number Enter the OFM assigned number (see LAG Appendix 21.45). MPO/R fPO Enter the name of the MPO (if located within urbanized area) or RTPO (if in the rural area). Hearing Date Enter the date of the public hearing. Adoption Date Enter the date this program was adopted by council or commission. Resolution Number Enter Legislative Authority resolution number if applicable. Amendment Date , Enter the date this program was amended by council or commission Column Number 1. Functional Classification. Enter the appropriate 2-digit code denoting the Federal Functional Classification. (Note: The Federal Functional Classification must be approved by FHWA.) mie Rural (under 5,000 population) 01 -interstate - 02 - Principal Arterial 06 - Minor Arterials 07 - Major Collector 08 - Minor Collector 09 - Local Access Description - No Classification Urban (over 5,000 population) 11 -interstate 12 - Freeways & Expressways 14 - Other Principal Arterials 16 - Minor Arterial 17 - Collector 19 - Local Access 2. Priority Numbers. Enter local agency number identifying agency project priority (optional). . - ; °; . ; - . 3. Project Identification. Enter (a) Federal Aid Number if previously assigned; (b) Bridge Number;-(b),.Projeet Title; (d) Street/Road Name or Number/Federal Route Number, (e) Beginning and Ending Termini (Mile -Post or;' Street/Road Names); and (f) Describe the Work to be Completed. 4. Improvement Type Codes. 01 - New construction on new alignment 02 - Relocation 03 - Reconstruction 04 - Major Widening 05 - Minor Widening 06 - Other Enhancements Enter the appropriate federal code number(s). Description 07 - Resurfacing 14 08 - New Bridge Construction 21 09 - Bridge Replacement 22 10 - Bridge Rehabilitation 23 11 - Minor Bridge Rehabilitation 24 12 - Safety/Traffic Operation/TSM 31 13 - Environmentally Related 32 - Bridge Program Special - Transit Capital Project - Transit Operational Project - Transit Planning - Transit Training/Admin - Non Capital Improvement - Non Motor Vehicle Project 5. Funding Status. Enter the funding status for the entire project which describes the current status. S -Project is `selected' by the appropriate selection body & funding is secured. P - Project is subject to selection by an agency other than the lead and is listed for planning purposes and funding has not been determined. 6. Total Length. Enter project length to the nearest hundredth mile (or code "00" if not applicable). 7. Utility Code(s). Enter the appropriate code letter(s) for the utilities that would need to be relocated or are impacted by the construction project. C - Cable TV S - Sewer (other than agency -owned) G - Gas T - Telephone O - Other W - Water P - Power 399 Six Year Transportation Improvement Program Instructions for Completing the Form 8. Project Phase. Select the appropriate phase code of the project. PE - Preliminary Engineering, including Design (or Planning) RW - Right of Way or land acquisition CN - Construction only (or transit planning or equipment purchase) ALL - All Phases from Preliminary Engineering through Construction (Use only in Years 4, 5, & 6) 9. Phase Start Date. Enter the month/day/year (in MM/DD1YY format) that the selected phase of the project is actually expected to start. 10. Federal Fund Sources. Enter the Federal Fund Source code from the table below. FTA Discretionary for Capital Expenditures CBI - Combined Border Infrastructure 5307 - FTA Urban Areas BIA - Bureau of Indian Affairs 5309(Bus) - Bus BR - Bridge Replacement or Rehab. 5309(FG) - Fixed Guideways CBDG - Community Development 5309(NS) - New Starts Block Grant (HUD) 5310 - FTA Elderly/Disabled CMAQ - Congestion Mitigation Air Quality 5311 - FTA Rural Areas DEMO - TEA 21 Demo Projects (Selected) 5316 - FTA JARC Rural Discretionary - Ferry Boat Discretionary, Public Lands 5317 - FTA New Freedom Highway, Scenic Byways, etc. REV - Rural Economic Vitality Program DOD - Department of Defense SRTS - Safe Routes To Schools IC - Interstate Construction STP(C) - STP Statewide Competitive Program IM - Interstate Maintenance STP(E) - S-rP Transportation Enhancements IRR - Indian Reservation Roads STP(L) - STP Legistaltive Earmarks NHS - National Highway System STP(S) - STP Safety Including Hazard and RR 3037 - FTA Job Access/Reverse Commute STP(R) - STP Rural Regionally Selected STP(U) - STP Urban Regionally Selected STP - STP (WSDOT Use Only) 11..Federal Cost.. Enter the total federal cost (in thousands) of the phase regardless of when the funds wAI be spent. 12 State Fund Code.''Ehter the appropriate code for any of the listed funds to be used on this project. CAPP - County Arterial Preservation Program PWTF - Public Works Trust Fund CHAA - Route Transfer Program RAP - Rural Arterial Program (formerly City Hardship Assistance Account) SCP -Small City Arterial Program TPP - Transportation Partnerships Program (formerly Small City Program) AIP - Urban Arterial Program SCPP - Small Cities Pavement Preservation (formerly Arterial Improvement Program FMSIB - Freight Mobility Strategic Invest. Board PSMP - Sidewalk Program WSDOT - WSDOT funds (formerly Pedestrian Safety & Mobility Program) OTHER - Any other unlisted state fund codes 13. State Funds. Enter all funds from the State Agencies (in thousands) of the phase regardless of when the funds will be spent. 14. Local Funds. Enter all the funds from Local Agencies (in thousands) of the phase regardless of when the funds will be spent. 15. Total Funds. Enter the sum of columns 10, 12, and 14. (This will auto -total in the STIP software program.) 16-19. Expenditure Schedule - (1st, 2nd, 3rd, 4th thru 6th years). Enter the estimated expenditures (in thousands) of dollars by year. (For Local Agency use.) 20. Environmental Data Type. Enter the type of environmental documentation that will be required for this project. Environmental determination must be completed before the Right-of-Way/Construction phase(s) can be obligated. (this is rectuired for Federally funded projects.) EIS - Environmental Impact Statement EA - Environmental Assessment CE - Categorical Exclusion 21. R/W Certification. If Right of Way acquisition is required, enter RM Certification Date, if known. (This is rectuired for Federally funded projects .) E11 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-152 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 4/2/12 �j j v � � � � � n � � APR 0 3 2012 April 10, 2012 Council Division Head: De t. Head: p � p � � HATCOM COUNTY COUNCIL Prosecutor: Purchasing/Budget: A L9 4 .) -1 -L Executive: 1 I I I TITLE OF DOCFJAYENT., Appointment to the Bellingham-Whatcom County Commission Against Domestic Violence. ATTACHMENTS: Letter from Susan Marks to County Executive Louws dated 3129112; Application of Jolie Matkowski SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Jack Louws requests confirmation of his appointment of Jolie Matkowski to the Bellingham-Whatcom County Commission Against Domestic Violence. 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.waus/council, 401 Community Members/ Affiliation: Pat Buchinski Lighthouse Mission Karen Burke DVSAS May Dumas Consultant Sheri Emerson Opportunity Council Nikki Finkbonner Lummi Victims of Crime Kirsten Hammer Womencere Shelter Sherry Mallory Western Washington University Rick Qualls Minister Manuel Reta NWWHCC Cherie Stutesman Mt. Baker Planned Parenthood Greg Winter Whatcom Homeless Service Center Darla Woolman Bellingham Bay Family Medicine Vacant Community at Large Vacant Major Employer Government Members: Laurie Alexander DSHS/DCFS Regina Delahunt Whatcom Co. Health Department William Elfo Whatcom Co. Sheriff Vacant Bellingham City Attorney Mayor Gary Jensen Mayor of Ferndale Michael Knapp Ferndale Police Chief Jon Komorowski Whatcom Co Public Defender Dave McEachran Whatoom County Prosecutor Linda Quinn Ferndale School District Todd Ramsay Bellingham Police Chief Linda Storck Bellingham Municipal Court Dan Story DSHS/CSO Bruce Van Glubt Whatcom Co. District Court Staff: Susan Marks Director Sue Parrott Program Supervisor Stacy Miler STEP Grant Manager Meaghan Connell Administrative Coordinator 9, 012 March 2 2 County Executive Jack Louws V 0 MAR 2 9 2012 Whatcom County Courthouse �Q JACK LOUVI/S 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 UNTY EXECUTIVE IV Dear County Executive Louws: The Domestic Violence Commission would like to recommend for appointment: • Jolie Matkowski, Operations Manager for Conoco Philips. Ms. Matkowski lives in Bellingham, and will be appointed to fill the full term of a Whatcom County Major Employer position, with a term ending January 2016. Ms. Matkowski is new to the area, and wants to be engaged in a cause that she believes in; her connections in the business community will be extremely valuable to the DV Commission. Ms. Matkowski's application is attached to this letter. If this appointment is approved, the DV Commission would have all of its Whatcom County positions filled. As always, thank you for your continued support. Please contact me if you have any questions or need any further information. Sincerely, usan Marks, Director Cc: Suzanne Mildner A• / 'C;<:' Goa Cp 0 BELC/^,C i i Z Bellingham WhateotnCourtty Commission.pgaTn;tbotnesticViolenee '•..�o ,SMNGt� 1407 Commercial Street, Bellingham. WA 9822S 360.312.S7001 www.dvcommission.org 402 PETE KREMEN CO COUNCiLMEMBERS: �pOM County Executive P y.�;:;,;:;;,4,y BarbaraE. Brenner Sam Crawford Kathy Kershner Bill Knutzen Asnf1NGCG Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: I1, ��(.(n!--tc�� 4 aw), ��1�>r�y�;,��-�sSipr,�L� /i�F 6v4 Which position on this board are you applying for (if applicable)? (Uroi-wFk.E A./]'j��l�p�' Which Council district do you reside in? ()() One ( ) Two ( ) Three Are you a US citizen? ( yes { ) no Are you a registered voter?') yes ( ) no Name: ,_) o k iC! � taw' SjGt �ir1���G��i 1 Date, Street Address: i f i EFViVr)4K fir, City: ('4ed al'Afri , LV A zip Code: Mailing Address (if different from street address): Day Telephone:Evening Telephone: Ot-111.6 Fax Number: .300- 58 - �Z`l01 E-mail address: P 14ric,1-10.4 (J P66 , oz�m Occupation (If retired, please indicate former occupation): Q �er6l'btln f' NIIAiZ6 6-, Plli PS �6 iz/' h7k seine j Professional/Community Activities: C rco Education: ariieiar o-(' d'),tml(tc.F 6-,cyneenfz� �vm-lYu Univyg)' ., aP IV'10atal-e Qualifications related to position: I aro h ypina) /0 %•n.ef i?14 'Oro`4j.ek1tj.2 .:m,,�t Describe why you are interested in serving on this board or commission: G.rOO- (C Ck i Chin { itiCw1'ifk;V1n(l (01- Do yogi 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 00 no If yes, please explain: References (please include name and daytime telephone number): �'"�Ci���/ki`� �c�G _ PMk6asb' (6,10--4, M 2I } Signature of.applicant: As a'candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 403 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-153 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 413112 L C E Y E D APR 0 3 2012 V'TWCOM COUNTY COUNCIL 4110112 Council Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: A A Executive: V I � TITLE OF DOMWNT, Appointment to the Point Roberts Community Advisory Committee. ATTACHMENTS: Application 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.) County Executive Jack Louws requests confirmation of his appointment of Charles Cannon to the Point Roberts Community Advisory Committee. COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #. Related File Numbers: Ordinance or Resolution Number: tPlease 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, ME JACK LOUWS A 1 V 'WCILMEMBERS: County Executive f Barbara E. Brenner �'.Mg- 2012 Sam Crawford 0 Kathy Kershner t: Bill Knutzen S Pete Kremen JA Ken Mann COUN CUTIVE Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOAR S AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: /t --k 5 ict . C11IUAlVA1 Date: 3/3 0 kz- Street Address: Z 7 i sKAD y a 4,�� City: PO1 tit 7- , WA Zip Code: Mailing Address (if different from street address): Day Telephone: -J�O �'� f 2-4rcl 1 lvening Telephone: `54A c:F Cell Phone: E-mail address: c AJ fJ np j S E' W l,-+ 1 D j?e Y, 0_z9/L( 1. Name of board or committee -please see reverse: fC9 1 N Vp3-Vz-1-5 CO,-w0 rf 1.ZY A U C,->A414 , %r 2. You must specify which position you are applying for, M �-yC3��� Please refer to vacancy list. -Lfk c 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.) -------- Oyes ( ) no 4. Which Council district do you live in? -----.__._______-____-_-_.___w___________-.__.___.__...__________( ) One ( ) Two ()e) Three 5. Are you a US citizen? ---------------------- ._.____._________...__..._,_...._______..____...______...____________T___ _. W yes ( ) no 6. Are you a registered voter?_____..._.__._____-..._.,._.___..__......____-__-_.____._..___-____.__.___..___-____..___.•__..._-_..__ Ayes ( ) no 7. Have you ever been a member of this Board/Commission?---•-- ----.,___..._.. __ ..____. __._.._.__..__ .____.,__ ( ) yes kj no If yes, dates: 8 Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? If yes, please explain: ) yes X no 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. c F1kCvL4 X A4A6a�Cti� o,= 1=1cc1ef 1�� C'-9M.�+vN Psv ��a�v— Gtu-s► csc M .4 e k t A-4 , 41-fi< D r Gna9.e vz-i`r u-1 b dl. a-7-t=-w" L.o,o Tv 7-, r a £„5, 0`1019r1C41_ 10. Please describe why you're interested in serving on this board or commission:,kvL/ oj'Pd Ye -CW #.jb References (please include daytime telephone number): 1-4t7-t+JR IF d Cr*5 y o r%Aati (Zo3731tA 3 3(o0 `t* _ (35% 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. 405 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 123 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Auditor/Cou 3/19/2012 4/10/2012 County Council Division Head. - Dept. Head: Prosecutor: PurchasinglBudget., Executive: TITLE OF DOCUMENT: Appointments to Special Diking District and Special Drainage District Vacancies ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) COMMITTEEACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcomwa.uslcouncil. * Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor MEMORANDUM 0 Debbie Adelstein y< County Auditor J �sNM FED-)ECE#VET MAR 0 8 2012 WHATCOM COUNTY COUNCIL TO: Dana Brown -Davis, Clerk of County Council FROM: Debbie Adelstein, Auditor _ WJW XX DATE: March 8, 2012 RE: Special Purpose District Vacancies Enclosed is a list of position vacancies created as a result of the special purpose district elections held on February 7, 2012. These positions need to have appointments made by the County Council. In order for an individual to serve they must be a property owner in the district and a registered voter in the State of Washington. If you have any questions, please feel free to contact me. Encl (list) Cc: Vacating Office Holder Public Works — Lonni Cummings, Rich Zehnder Licensing Recording Elections Administrationlinternal Audit TTY Licensing@co.whatcomma.us Recording@comhatcomma.us Elections@co.whatcomma.us Auditor@co.whatcom.wa.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 360-738-5587 Positions Open for Appointment by County Council 2012 Special Purpose Districts District Position # Last Held By Consolidated Drainage Improv Dist #1 1 Fred VanderVeen Consolidated Drainage Improv Dist #1 2 Michael Schoneveld Consolidated Drainage Improv Dist #1 3 Patrick W Bouma Consolidated Drainage Improv Dist #20 1 Dwayne Molendyk Consolidated Drainage Improv Dist#20 2 Curtis Meenderinck Consolidated Drainage Improv Dist #31 2 Ralph Visser Diking District #1 3 Frank Moser Drainage District #3 1 Roger J. Blok Drainage District #3 2 Loren VanderYacht Drainage Improv Dist #6 1 Dave Burgess Drainage Improv Dist #7 1 Gregory Ebe Drainage Improv Dist #7 2 Kevin Maddux Drainage ImP rov Dist #15 2 James Olesen JACK LOUWS COUNCILMEMBERS: County Executive P-CGom co(, M nn Barbara E. Brenner 3d' A C E u V pp Kathy Kershner Bill Knutzen MAR 2 8 2012 Pete Kremen °� WHATCOM COUNTY Carl Weimer COUNCIL. APPLICATION FOR APPOINTMENT TO VACANCY ON SPECIAL DISTRICT BOARD/COMMISSION PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Return application to: Whatcom County Council Office, 311 Grand Ave., Suite 105, Bellingham, WA 98225 1. Name of District Board/Commission: Consolidated Drainage Improvement Dist #1 2. Which position number are you applying for (choose one): ( x ) #1 ( ) #2 ( ) #3 3. Do you own property in this District? (,}) yes ( ) no 4. Are you a registered voter in the State of Washington? yes ( ) no 6. Have you ever been a member of this Board/Commission? Q() yes ( ) no If yes, dates: Name: Frf_d V aivdet Vee/✓ Date: Street Address: 6 to R i V e-r AA City: L �zN d ev Zip Code: C/ 8. Mailing Address (if different from street address): _ Day Telephone: 390 - 3 S'M -n U Z W E-mail address: Evening Telephone: 1� 617, C_ Cell Number: Occupation (If retired, please indicate former occupation): .PQz�;/� �r•vf 0oe _0��3 Qualifications related to position: 5 — 3 o PS l4 S A n'l1,55�r- Professional/Community Activities: Education: /':7 %/r ifs Describe why you are interested in serving on this board or commission: L.i✓e . � 1' _ Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes (�4) no If yes, please explain: References (please include daytime telephone number): Signature of applicant: As a candidate for a public board or commission, the above information will be available to the County Council 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 revgcaon of appointment and removal from the appointive position. 44UU'/� JACK LOUWS County Executive W E E Q V 9O�rbara E. Brenner Sam Crawford Kath Kerchner MAR 19 2012 y Bill Knutzen Pete Kremen WHATCOM COUNTY Ken Mann COUNCIL Carl Weimer APPLICATION FOR APPOINTMENT TO VACANCY ON SPECIAL DISTRICT BOARD/COMMISSION PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Return application to: Whatcom County Council Office, 311 Grand Ave., Suite 105, Bellingham, WA 98225 1. Name of District Board/Commission: Drainage District #3 2. Which position number are you applying for (choose one): 3. Do you own property in this District? � yes ( ) no 4. Are you a registered voter in the State of Washington? ( yes 6. Have you ever been a member of this Board/Commission? (?U yes Name (x)#1 ( )#2 ( )#3 ( ) no ( ) no If yes, dates: Date:��n—� 1, Street Address: Uco 8 -7 Sax4C City: v��1 Zip Code:a,(n� Mailing Address (if different from street address): Day Telephone: 3(y0- _3gl'J l q Evening Telephone: ! Qhe E-mail address: WQ IC9Ckitz Va ho, awn. Cell Number: — Occupation (If retired, please indicate former occupation): ru r. ron P.rr Qualifications related to position: tf�iq, Professional/Community Activities: Education: Describe why you are interested in ser ng on this board or commission: Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes (V no If yes, please explain: References (please include d ytime telephone number): Sby' �/a lWo - 3 Signature of applicant: :ff4u� As a candidate for a publlicZoard or commission, the above information will be available to the County Council 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 reva�ca'on of appointment and removal from the appointive position. 44 �1 ,-) I - V JACK LOUWS ll ll E jl Q � UNCILMEMBERS: County Executive Pc�°M Co IJ 1J Darbara E. Brenner Sam Crawford MAR 2 Kathy Kershner 6 2012 Bill Knutzen t' WHA CCOO�M COUNTY Pete n Mann gSy�NGo Ken Mann COUNCIL Carl Weimer APPLICATION FOR APPOINTMENT TO VACANCY ON SPECIAL DISTRICT BOARD/COMMISSION PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Return application to: Whatcom County Council Office, 311 Grand Ave., Suite 105, Bellingham, WA 98225 1. Name of District Board/Commission: Drainage District #3 2. Which position number are you applying for (choose one): ( ) #1 (x) #2 ( ) #3 3. Do you own property in this District? X) yes ( ) no 4. Are you a registered voter in the State of Washington? Xj yes ( ) no 6. Have you ever been a member of this Board/Commission? ()6 yes ( ) no If yes, dates: c:?0I0 e.?C91 Z Name: L oRFt-j UAaDcR iAc%AT- Date: 3/231IZ Street Address: R-1% %J City: L V4zp.&cr4 Zip Code: 9g247 Mailing Address (if different from street address): SA/MF. Day Telephone: L-i10--13'99 Evening Telephone: 1$•�13o"j E-mail address: Cell Number: Y 10 �389 Occupation (If retired, please indicate former occupation): kPl- (T MA:4A69+72_ Qualifications related to position: Q0 -t Ve;AcQS 1r1 'i1 y, As.Pw.-r PA4giJCONS; RvcTkl)J n� s-ra../• n! ow►L. rc aF R�nIoFF sssUs=,S . Professional/Community Activities:-� M&I SOVS ♦&JAL&CJ.V& BCD MQ W40L c7010 Mr���'7aUl l� T"sort Ac.Hcmk mclyr dowrWnaM. NWUJFhg2 SVPcRl4Z-0A,t' JtnlA XVQC e, 0114z� NIISC tows. Education: LvNepj 14ut-k I` 10, "1Lg,KuAJZ (0,%,++U4TVL0"1z , WC - C��ww.wiyt/ FAD ��-1 Describe why you are interested in serving on this board or commission: ? A I-j1=&'zSTtb S NG ArJb -'C Aam .=14Te%g57CO 64 111W46FF ANO OAA•mac4 ISScx,.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? (X) yes no If yes, please explain: (3Y WRS• FRS DDeS .scstitC. G��k�i �� �'' �'• References (please include daytime telephone number): J19-WI . S'n2emLe2„- 34R!i -'9,5 Dicvc P e0L,fjL.7CW'j g!5-*)00 0 Signature of applicant: As a candidate for a public board fir commission, the above information will be available to the County Council 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 revo on of appointment and removal from the appointive position. Y JACK LOUWSi Co L—� V �[ECE)NCILMEMBERS: County Executive Q�polvl arbara E. Brenner d' 1a Sam Crawford Z 6 20 Kathy Kershner Bill Knutzen ty `:','HATCOM COUNTY Pete Kenremen 4Sh�NG�o COUNCIL Carl Weimer APPLICATION FOR APPOINTMENT TO VACANCY ON SPECIAL DISTRICT BOARD/COMMISSION PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Return application to: Whatcom County Council Office, 311 Grand Ave., Suite 105, Bellingham, WA 98225 1. Name of District Board/Commission: Drainage Improvement Dist #7 2. Which position number are you applying for (choose one): ( ) #1 (X) #2 ( ) #3 3. Do you own property in this District? ()<) yes ( ) no 4. Are you a registered voter in the State of Washington? (N yes ( ) no 6. Have you ever been a member of this Board/Commission? K yes ( ) no If yes, dates: / 9qO Z c 1 Z Name: VW\�-" (�. Date: 3/z3 It '2 Street Address: S LL � City: Zip Code: gay o Mailing Address (if different from street address): Day Telephone: 3 6 U 3 L 4` SI Y� Evening Telephone: 3 G 0 36 6 `5/b' 8 E-mail address: o. "A- Cow, Cell Number: 3410 - 761-708J Occupation (If retired, please indicate former occupation): 1'eu +A-F-T Qualifications related to position: hCL,+ yj-,Ji 135�5 Professional/Community Activities: 0i Education: M V-9 A O-, C"s'fer tx,,},, A5sac be', --A j A,,'er_�5 C ON04L.�LS P-6 r; 6 GA, d�- d;.ec4-o-5 t+ S oV-aol /97k Describe why you are interested in33 serving on this board or commission: � � r�a��, � I', 1� �l� R.q G/ 1 � C D"t —"�'�'�`�•� om �J�. '.s -\ 4\-,, i — l�W 4,n 6c. rN` ,.e� S za �•aw� \ � C� e•C CS/�U �^1 Ga� \ � �'` -Tb�, �^-�Q� � Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( )yes (� no If yes, please explain: References (please include daytime telephone number): Signature of applicant: rtic t As a candidate for a public board or commission, the above information will be available to the County Council and the public. All board and commission members are expected to be fair, impa ial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocon of appointment and removal from the appointive position. JACK LOUWS ZZ5) LE 11 COUNCILMEMBERS: County Executive ?P4com Cod, Q n/j rbara E. Brenner 3 ti� v IS Sam Crawford Kathy Kershner MIAR 2 0 2012 Bill Knutzen Pete �VHATCOM CO n Man IN Gn �O LINTY Carl Weimer 9SH, COUNCIL APPLICATION FOR APPOINTMENT TO VACANCY ON SPECIAL DISTRICT BOARD/COMMISSION PLEASE PRINT LEGIBLY and CONIPLETE ALL ITEMS Return application to: Whatcom County Council Office, 311 Grand Ave., Suite 105, Bellingham, WA 98225 1. Name of District Board/Commission: Consolidated Drainage Improvement Dist #20 2. Which position number are you applying for (choose one): ( X ) #1 ( ) #2 ( ) #3 3. Do you own property in this District? N yes ( ) no 4. Are you a registered voter in the State of Washington? ()C) yes ( ) no 6. Have you ever been a member of this Board/Commission? W yes ( ) no If yes, dates: �lrG'w Name: ��i %i7�/&-n4d�i l� Date: �/%`%/ad%-z Street Address: , .2 %y�0 t-ah Ad City: zyi,d0ry Zip Code: 9—�/' Mailing Address (if different from street address): Day Telephone: XIS_- 72 We Evening Telephone: E-mail address: c d W n \-e (4 r_4AT(c (a A vv► a i1. [�N-► Cell Number: 36e' -.2/5`7all, .. Occupation (If retired, please indicate former occupation): 7/""V"Vn Qualifications related to position:Q�, c,cvJ� r Professional/Community Activities: Education: Describe why you are interested in serving on this board or commission: Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? f 4) yes ( ) no If yes, please explain: Z 01&ku e; 4a'r7ts < A o m )arm ens 4,g;-1 .*7 -11 References (please include daytime telephone number): Signature of applicant: As a candidate for a public board or commission, the above information will be available to the County Council 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. 3 U Q� J JACK LOUWS COUNCILMEMBERS: County Executive P�cG°M.�o�, FC-5) �/f �bara E. Brenner �"/ Sam Crawford Kathy Kershner MAR 2 8 2012 Bill Knutzen Pete Kremen O� WHATCOM COUNTY Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO VACANCY ON SPECIAL DISTRICT BOARD/COMMISSION PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Return application to: Whatcom County Council Office, 311 Grand Ave., Suite 105, Bellingham, WA 98225 1. Name of District Board/Commission: Consolidated Drainage Improvement Dist #31 2. Which position number are you applying for (choose one): ( ) #1 (X) #2 ( ) #3 3. Do you own property in this District? ( ) yes ( ) no 4. Are you a registered voter in the State of Washington? ( ) yes ( ) no 6. Have you ever been a member of this Board/Commission? ( ) yes ( ) no If yes, dates: 0 Name: Street Address: City:1� Mailing Address (if different from street address): _ Day Telephone: E-mail address: Evening Telephone: Date: 7 /'z_OlZ Zip Code: zz/_ Cell Number: Occupation (If retired, please indicate former occupation): Qualifications related to position: I/W ri/4eZt' OYLI Professional/community Activities: Education: Describe why you are interested in serving on this board or commission: Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes ( ) no If yes, please explain: References (please include daytime telephone number): Signature of applicant: As a candidate for a public board or commission, the above information will be available to the County Council and the public. All board and �dmmission 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 rev oc on of appointment and removal from the appointive position. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 92 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: County Cou 3/28/2012 County Council Division Head: Dept Head: Prosecutor: Purcnasin Bud et: Executive: TITLE OF DOCUMENT: Appointment to Solid Waste Advisory Committee: Applicant Martin Kuljis Jr. ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Application from Martin R. Kuljis, Jr., Northwest Recycling Inc. Operations Manager, to fill the vacant Waste Recycling Industry Representative position on the Solid Waste Advisory Committee. COMMITTEEACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcomwa.uslcouncil 415 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 WHATCOM COUNTY COUNCIL COUNCIL -APPOINTED BOARDS AND COMMISSIONS VACANCIES COUNCILMEMBERS Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Pete Kremen Ken Mann Carl Weimer SOLID WASTE ADVISORY COMMITTEE 4 Vacancies: • 2 representing citizen groups • 1 representing public interest groups • 1 representing the waste recycling industry No two representatives can be from the same company or public interest group. The committee provides ongoing public input and advice to Whatcom County on solid waste management issues. Three year term. Generally meets the last Thursday of the month. 416 GR C C EE V E D JACK LOUWS �GOM co COUNCILMEMBERS: County Executive �P v MAR 2 6 2012 Barbara E. Brenner Sam Crawford 3 - Kathy Kershner WHATCOM COUNTY Bill Knutzen `LqS �.NG�p't COUNCIL Pete KenMann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS n Name: A� �'In R.ylkli is 3r. 1 Date: :3 1 246 Zoi z Street Address: 315 Z- 6-ne nAy i ew �d . City: 1FerndtJx, WA Zip Code: %d Zq S Mailing Address (if different from street address). Day Telephone: 360 - -7 33 - 0 ► 0 o Evening Telephone: 3W-366- 3y1 G Cell Phone: E-mail address: ewxr +v 0' w recV c U,,a o e o rv, 1. Name of board or committee -please see reverse: �p i I � 043 k M V 1 50('W Comm 2. You must specify which position you are applying for. jj'��� Please refer to vacancy list. WUSI2 Ree_ydinG 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.) - - -- - K yes ( ) no 4. Which Council district do you live in? - -- - - - - -- - - - ( ) One ( ) Two (Three 5. Are you a US citizen? -......... _...... _. ..... .._ .. aQ yes ( ) no 6. Are you a registered voter? yes ( ) no 7. Have you ever been a member of this Boa rd/Commission? -- - - - - ---- -- - -- - ---- ( ) yes (X no If yes, dates: 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? - - - — -- -- --- - - - ( ) yes X no If yes, please explain: 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. StC A+"rQ 10. Please describe why you're interested in serving on this board or commission: See zk 1�C.1> aA References (please include daytime telephone number): Se-e-AAftcke& Signature of applicant: -rHls I5 A PUBLIC DOCUMEN-7: 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. 417 J Application: #9 -Lifetime resident of Whatcom County -1993 Graduate of Ferndale High School -1998 Graduate of Western Washington University (BA in Business Management) -Employed at Northwest Recycling, Inc. as Operations Manager: Responsibilities include management and oversight of all recycling activities, facilities management, contract negotiations and compliance with environmental and civil laws -Volunteer with Boys and Girls Clubs Youth Sports Programs Application #10: -I'm interested in serving on the Solid Waste Advisory Committee in order to volunteer my experience and knowledge with the community and to help raise awareness of the processes and procedures of the recycling industry and how they affect our community. Application #11: Paul Razore Sanitary Service Co., Inc. 360-734-3490 Dave Lenssen Wood Stone Corporation 360-650-1111 Lex Ludtke Ludtke Pacific Trucking 360-733-6670 Ext 14 - WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 - 223 B CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Orig. Dept.: County Council 4/10/2012 Council Division Head: Dept. Head: Prosecutor: Budget: Executive: SUBJECT. - Ordinance imposing an emergency moratorium on applications for WES ATTACHMENTS SUMMARY STATEMENT: Related County Contract #: Should the Clerk schedule a hearing? (Y/N) Requested Date: Ordinance imposing an emergency moratorium on applications for WES RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN Related File Numbers: Ordinance or Resolution Number (this item only): 419 500K Wind Energy Systems -Emergency SPONSORED BY: Consent PROPOSED BY: Consent INTRODUCTION DATE: April 10, 2012 ORDINANCE NO. IMPOSING AN EMERGENCY MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR WIND ENERGY SYSTEMS (WES) GREATER THAN 500 KILOWATTS, OR MULTIPLE WES PER PARCEL WITH A CUMULATIVE RATED OUTPUT ABOVE 100 KILOWATTS WHEREAS, on October 21, 2008, the Whatcom County Council adopted Ordinance 2008-043, regulating the construction and operation of Wind Energy Systems (WES); and WHEREAS, these regulations addressed the construction and operation of WES greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, in certain zones by means of a Conditional Use Permit as specified in Whatcom County Code 20.14.041; and WHEREAS, the impacts of these large structures were anticipated to be considered through the Conditional Use hearing process as to the uses associated with the applicable zone in which the subject WES was greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, was being proposed; and WHEREAS, the requirements for locating a proposed WES greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, did not specifically address the impacts of a proposed system constructed in allowed zoning where the specific property abuts properties of more dense residential zoning; and WHEREAS, in 2010 and 2011 the Whatcom County Council adopted interim measures to suspend the acceptance of new applications for Wind Energy Systems (WES) greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts while it drafted new regulations to specifically address the impacts of constructing a WES in allowed zoning where the specific property abuts properties of more dense residential zoning; WHEREAS, on September 28, 2010, two draft proposals to amend Whatcom County Code 20.14, Wind Energy Systems, were forwarded to the Whatcom County Planning Commission for review; and WHEREAS, the Planning Commission reviewed both proposals and forwarded its recommendations to the County Council on June 21, 2011; and WHEREAS, the County Council began its review of the Planning Commission's recommendations on July 12, 2011, and requires additional time to finalize its work; and WHEREAS, the Whatcom County SEPA Official has determined that this proposal is exempt from SEPA; and 420 WHEREAS, the Whatcom County Council makes the following finding of facts: 1. There is merit in considering additional mitigation and/or property boundary setbacks in circumstances of adjacency to zoning boundaries; and 2. A significant number of Whatcom County residents who live in residential areas directly adjacent to properties which are zoned for large-scale WES have presented additional information regarding the negative impacts of nearby WES that was not considered in the passage of Ordinance 2008-043; and 3. This interim ordinance is necessary to prevent future applications for WES greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, from vesting under current law and thus subverting the purpose of this ordinance; and WHEREAS, the current interim ordinance, adopted September 27, 2011, will expire on April 23, 2012; and WHEREAS, it is necessary to have this ordinance take effect immediately in order to prevent applications from vesting between April 23, 2012, and the effective date of any future interim or final ordinance; and WHEREAS, the Whatcom County Council will hold a public hearing on this ordinance within sixty days its adoption; and WHEREAS, the Council finds the emergency moratorium imposed by this ordinance is necessary for the protection of public health, safety, property, or peace. NOW, THEREFORE, BE IT ORDAINED, by the Whatcom County Council that an emergency moratorium is hereby imposed on the acceptance of new applications for Wind Energy Systems greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output about 100 Kilowatts. BE IT FURTHER ORDAINED that this emergency ordinance shall take effect immediately and shall expire 60 days from this date, unless repealed or extended beforehand. ADOPTED this day of , 2012. ATTEST: Dana Brown -Davis, County Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair ( ) Approved ( ) Denied Pete Kremen, County Executive Date: 421