HomeMy WebLinkAboutPacket Dec 10 2013WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-080A
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Karin Wessman
?Ayr " k 3
L
0 C'
12110113
NR Committee
Division Head:
Mark Personius
Dept. Head:
Pyan
rosecuttor:
Royce Buckingham
Purchasing/Budget:��
Brad Bennett
A h
(-,,OLJI
Executive:
A
Jack Louws
® 1
TITLE OF D NT: Whatcom County Agricultural -Watershed Pilot Project: presentation and
update on progress in the project to date (part way through Phase 2).
ATTACHMENTS:
SEPA review required? ( ) Yes ( x ) NO
Should Clerk schedule a hearing? ( ) Yes (x ) NO
SEPA review completed? ( ) Yes ( x ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action)
Informational presentation and discussion on the progress of the County Ag-Watershed Project, as authorized by
Council through the grant contract agreement between Whatcom County and the WA State Department of
Commerce for a planning -only grant for watershed protection and restoration.
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.
CADocuments and Settings\rboxx\t.ocal Settings\Temporary Internet Files\Content.Outlook\GQYX40PF\agenda-bill.doc
WHATCOM COUNTY <��M J.E. "Sam" Ryan
Planning & Development Services ��" ,`� Director
5280 Northwest Drive
Bellingham, WA 98226-9097 s �0
NINE
360-676-6907, TTY 800-833-6384
360-738-2525 Fax
Memorandum
TO: The Honorable Jack Louws, County Executive
The Honorable Whatcom County Council Members
FROM: Karin Wessman, Planner���.%
THROUGH: Mark Personius, Long Range Planning Manager It F-1
DATE: November 25, 2013
SUBJECT: Whatcom County Ag-Watershed Pilot Project update
(implemented according to the Department of Commerce,
Watershed Protection and Restoration Land Use Grant Contract
#201203014)
Phase 1 of the Ag-Watershed Pilot Project was completed in summer 2013. The
project team prepared four fact sheets during phase 1 which provide an overview of
the project deliverables for phase 1 and the tools to be tested in two pilot projects
during phase 2.
Work on the second phase of the Ag-Watershed Pilot Project began in July 2013,
after Council's approval of extension of the consultant contract for professional
services assistance in Phase 2. Staff and consultants would like to discuss project
progress to date with you, and to present an overview of the planned phase 2 work
products. Project partners and members of the project team will be available to
answer questions.
The project fact sheets and additional project information can be accessed via the
Whatcom County Agricultural Program site at
http ://www.co.whatcom.wa. us/pds/Dlan/Ir/proiects/aaDroara m/current-
initiatives.isp or alternatively from the home page of the Ag-Watershed Project
website at https://sites.google.com/site/wcwatershedag/
Please contact Karin Wessman ext. 51072 if you have any questions or concerns
regarding this information.
2
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-397
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:-O
!i S/lj
C_ r_. i
I1VE
W HATC O COUNTY
COUNCIL
11/26/13
Introduction
Division Head:
12/10 13
Finance Council
Dept. Head:
Prosecutor:
1
6110.5b'a
Purchasing/Budget
40A
Executive: I
i i h S l A.3
TITLE OF 0VU1WNT.• Ordinance Ordering The Closure of the Yew Street Road Project Budget Fund
ATTACHMENTS: Proposed ordinance and memo.
SEPA review required? ( ) Yes (X) NO
SEPA review completed? ( ) Yes (X) NO
Should Clerk schedule a hearing? ( ) Yes (X) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
This ordinance orders the closure of the Yew Street Road Project Budget Fund.
COMMITTEE ACTION. •
COUNCIL ACTION.
11/26/2013: 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.
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
FRANK M. ABART
DIRECTOR
col
THROUGH:
FROM:
DATE:
SUBJECT:
ADMINISTRATION
CIVIC CENTER
322 N. Commercial Street, Suite 210
Bellingham, WA 98225-4042
Telephone: (360) 676-6692
FAX: (360) 738-4561
www, whatcomcounty. us
FAbart@co. whatcom. wa. us
MEMORANDUM
The Honorable Jack Louws, Whatcom County Executive and
Honorable Members of the Whatcom County Council
Frank M. Abart, Director s
Shonda L. Shipman, Accounting Supervisor j
U
November 5, 2013
Ordinance to Close the Yew Street Road Project Budget. Fund 335
NOV 15 2013
Attached is a proposed ordinance to close the Yew Street Road Project Budget Fund 335. The project is
complete and the project fund is no longer needed.
If you have any questions regarding this request, please contact Shonda Shipman at extension 50573.
Thank you.
M
/4
SPONSORED BY: Consent
PROPOSED BY: Executive
INTRODUCTION DATE:
ORDINANCE NO.
CLOSING YEW STREET ROAD PROJECT BUDGET FUND 335
WHEREAS, on July 21, 2009, Ordinance 2009-058 created the Yew Street
Road Construction Fund and Ordinance 2010-059 funded the project budget for
Yew Street Road construction; and,
WHEREAS, the Road Fund contributed $1,672,000 towards the project;
and,
WHEREAS, the project has now been completed; and,
WHEREAS, the project fund is no longer needed;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that the Yew Street Road Construction Fund be dissolved.
APPROVED this day of , 2013.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk Kathy Kershner, Council Chair
APPROVED as to form:
Dan Gibson, Chief Civil Deputy Prosecutor
is
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-3 98
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
ll 5 13
�
U-11 E Cr . V � � ji E ��
L�J
19 2013
WHATCOM COUNTY
COUNCIL
11/26/13
Introduction
Division Head:
12/ 10/ 13
Finance / Counc
Dept Head:
-
ii/ fNOV
Prosecutor:
irfi)�;%i3
Purchasing/Budget:
3
Executive:
g i P t� l o 3
TITLE OFDOO UVENT. Ordinance Ordering The Closure of the Lincoln Road Project Budget Fund
ATTACHMENTS. Proposed ordinance and memo.
SEPA review required? ( ) Yes (X) NO
SEPA review completed? ( ) Yes (X) NO
Should Clerk schedule a hearing? ( ) Yes (X) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
This ordinance orders the closure of the Lincoln Road Project Budget Fund.
COMMITTEEACTION.
COUNCIL ACTION.•
11/26/2013: 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.eo.whateom.wa.us/council..
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
FRANK M. ABART
DIRECTOR
MEMORANDUM
ADMINISTRATION
CIVIC CENTER
322 N. Commercial Street, Suite 210
Bellingham, WA 98225-4042
Telephone: (360) 676-6692
FAX: (360) 738-4561
www. whatcomcounty. us
tcus
NOV 15 2013
JACK LS
TO: The Honorable Jack Louws, Whatcom County Executive an L1 NTY EXECUTNE
Honorable Members of th;Whatcoounty Council
X.
THROUGH: Frank M. Abart, Director
FROM: Shonda L. Shipman, Accounting Supervisor
DATE: November 5, 2013
SUBJECT: Ordinance to Close the Lincoln Road Project Budget Fund 336
Attached is a proposed ordinance to close the Lincoln Road Project Budget Fund 336 and to transfer
the remaining cash balance back into the Road Fund 108. The project is complete and the project fund is
no longer needed.
If you have any questions regarding this request, please contact Shonda Shipman at extension 50573.
Thank you.
7
SPONSORED BY: Consent
PROPOSED BY: Executive
INTRODUCTION DATE:
ORDINANCE NO.
CLOSING LINCOLN ROAD PROJECT BUDGET FUND 336
WHEREAS, on May 11, 2010 Ordinance 2010-023 created the Lincoln Road
Construction Fund and Ordinance 2010-024 funded the project budget for
Lincoln Road construction; and,
and,
WHEREAS, the Road Fund contributed $1,500,000 towards the project;
WHEREAS, the project has now been completed; and,
WHEREAS, the project fund is no longer needed; and,
WHEREAS, remaining cash in the amount of $585,198.33 should be
returned to the Road Fund,
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that the Lincoln Road Construction Fund be dissolved and its cash balance be
returned to the Road Fund.
APPROVED this day of
ATTEST:
2013.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana. Brown -Davis, Council Clerk Kathy Kershner, Council Chair
APPROVED as to form:
Dan Gibson, Chief Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2 013-3 9 9
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator
it 1 15113
, , f
11126113
Intro
12110113
Finance
Division Head:
Committee;
Nov i
�VHATCOM COUNTY
C OUNCIL
Council
Dept Head
Prosecutor:
Purchasing/Budget:
i
Executive:
4�'4
TITLE OF DOCUMENT. 2013 Supplemental Budget Request #15
ATTACHMENTS: Ordinance, Memoranda & Budget Modification Requests
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes (X ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public !tearing, you
must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the
intent of the action)
Supplemental #15 requests funding from the General Fund:
1. To appropriate $1,500 in the Sheriffs Office to fund Force Science Training.
Victim Witness Fund.
2. To appropriate $1,468 in Prosecuting Attorney Office to fund closure day coverage.
COMMITTEE ACTION.
COUNCIL ACTION:
11/26/2013: Introduced
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
SPONSORED BY: Finance
PROPOSED BY: Executive
INTRODUCTION DATE: 11/26/13
ORDINANCE NO.
AMENDMENT NO. 15 OF THE 2013 BUDGET
WHEREAS, the 2013-2014 budget was adopted November 20, 2012; and,
WHEREAS, changing circumstances require modifications to the approved 2013-2014
budget; and,
WHEREAS, the modifications to the budget have been assembled here for deliberation by
the Whatcom County Council.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2013-
2014 Whatcom County Budget Ordinance #2012-048 is hereby amended by adding the
following additional amounts to the 2013 budget included therein:
Expenditures
Revenues
Net Effect
General Fund
Sheriff
1,500
(1,500)
-
Total General Fund
1,500
(1,500)
-
Victim Witness Fund
1,468
-
1,468
Total Supplemental
2,968
(1,500)
1,468
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Council Clerk
APPR VED AS TO F90 .
ivil Deputy Prosecutor
2013.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Chair of the Council
( ) Approved ( ) Denied
Jack Louws, County Executive
Date:
I:\BUDGET\SUPPLS\2013_Suppl\Supplementa1 #15-2013.doc
10
WHATCOM COUNTY
Summary of the 2013 Supplemental Budget Ordinance No. 15
Department/Fund
Description
Increased
Expenditure
Decrease
(Increased)
Revenue
Net Effect to
Fund Balance
(Increase)
Decrease
General Fund
Sheriff
To fund Force Science Training.
1,500
(1,500)
-
Total General Fund
1,500
(1,500)
Victim Witness Fund
To fund closure day coverage.
1,468
1,468
Total Supplemental
2,968
(1,500)
1,468
11
WHATCOM COUNW
SHERIFrs ® CE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
(360) 676-6650
Memorandum
TO: Jack Louws, County Executiv y
FROM: Sheriff Bill Elfo
DATE: November 7, 2013
SUBJECT: Supplemental Budget ID #1726
Force Science Training
JEFF PARKS
UNDERSHERIFF
ART EDGE
CHIEF DEPUTY
DOUG CHADWICK
CHIEF DEPUTY
STEVE COOLEY
CHIEF INSPECTOR
WENDY JOKES
CHIEF OF CORRECTIONS
NOV 7-2013
The attached supplemental budget requests budget authority (revenue and expenditure)
for one deputy to attend Force Science Certification Class with scholarship funds
provided by Washington Counties Risk Pool.
Background and Purpose
In October 2013, the Washington Counties Risk Pool awarded a $1,500.00 scholarship
for one Whatcom County Sheriffs Office deputy to attend a Force Science Institute
Certification class. Funds were received by the Sheriff's Office and deposited 11/04/13.
These funds will be used for tuition for one deputy to attend the Force Science
Certification Class scheduled for February 10-14, 2014 in Seattle, WA. Although the
course is scheduled for 2014, payment must be made in 2013 to confirm registration.
This training will provide instruction in the proper situational response and application of
force and guidance for effective documentation following a force response incident.
Funding Amount and Source
Scholarship funds of $1,500.00 for course registration provided by Washington Counties
Risk Pool.
Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions.
Thank you.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in PublfC afety.
Supplemental Budget Request Status: Pending
Sheriff Administration
Supp'l ID # 1726 Fund 1 Cost Center 2940 Originator. Dawn Pierce
----......................................................
Expenditure Type: One -Time Year 1 2013
Name of Request: For -e cience Training
X
Add'I FTE ❑ Add'I Space ❑ Priority
/t/7
Departilheat'Head Signature (Required on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
4369.9001 _ Miscellaneous Revenues ($1,500)
7110 Registrationf tuition $1,500
Request Total -� -- ------_-W -- -- $0
la. Description of request:
Budget authority is needed for one deputy to attend Force Science Certification Class with scholarship
funds provided by Washington Counties Risk Pool.
1b. Primary customers:
Sheriffs Office
2. Problem to be solved:
Training will provide advanced understanding of force response encounters and the necessary steps
required to thoroughly document, prosecute, and defend force -related incidents. Specifically, students will
receive instruction that will allow them to recognize and articulate important human responses that
influence behavior and memory recall during force response and pursuit situations.
3a. Options /Advantages:
3b. Cost savings:
Cost savings of $1,500.00 for course registration. This risk management training will be implemented
within the Sheriffs Office force response training curriculum with the potential of mitigating liability to the
County.
4a. Outcomes:
One deputy will attend Force Science Certification Class,
4b. Measures:
Deputy will complete the course and obtain Force Science Certification.
5a. Other Departments/Agencies:
n/a
5b. Name the person in charge of implementation and what they are responsible for:
n/a
6. Funding Source:
Scholarship funds in the amount of $1,500.00 for course registration provided by Washington Counties
Risk Pool.
Thursday, November 07, 2013 Rpt: Rpt Suppl Regular
13
Prosecuting Attorney
Supp'1 /D ## 1738
Supplemental Budget Request
Fund 142 Cost Center 14200 Originator: M Caldwell/ K Walker
.....--........ - _ - - - __ _ __- -- - ------ ----- -
Expenditure Type: One -Time Year 1 2013 Add'I FTE — Add 1 Space Priority
Name of Request. Closure Day Coverage
JVIbP,
Department Head SignaturJ(e&recdJon Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
6110 Regular Salaries & Wages I $1,267
621 — Retirement $104
6230 Social Security $97
Request Total $1,468
1a. Description of request:
Increase Victim Witness (V-W) Fund budget to cover increase in wages and benefits of the one Victim -
Witness Fund employee due to adding back 6 closure days in 2013.
1b. Primary customers:
Victim -Witness Fund employee
2. Problem to be solved:
The Victim -Witness Fund budget is very limited. The budget covers one employee, the admin and current
expense cost allocations, and a transfer to the General Fund in support of two positions in the Prosecuting
Attorney's Office. There are no accounts in the Victim Witness Fund budget which could be used to cover
the add -back of six closure days into the V-W budget.
3a. Options / Ad vantages:
There are 3 options:
1) Increase the budget for the V-W Fund out of its own fund balance
2) Decrease the Admin Cost Allocation and use the excess budget authority to cover the expenses. This
would affect the Administrative Services Fund Balance.
3) Decrease the transfer to the General Fund and use the excess budget authority to cover the
expenses. This would affect the General Fund Balance.
At this juncture, option 1 is the best approach to take since the increased expenses relate to an employee
who is funded by the Victim Witness Fund. This approach also avoids decreasing budgeted revenue to
the Adminstrative Services Fund or General Fund.
3b. Cost savings:
None
4a. Outcomes:
When adopted and recorded, the budget increase will prevent the Victim Witness Fund from exceeding its
2013 budget appropriation.
4b. Measures:
Success will be measured by the Fund staying within its expenditure authority budget and not having to
decrease its transfers to other funds.
5a. Other Departments/Agencies:
N/A
5b. Name the person in charge of implementation and what they are responsible for:
_ � syc..-ki"1.(.,c/W'L349".aA..,�'�%Fmk:�§t,NSw:.le:utAR�-.K'n•.z-cvt�w:d�iwp8.,tr:�-,:=X-.-r.'^-£'.aY:.Yn.,..v.#.mk:.s_`2�`;S'F'1A*`i9QG�'--..'4.-''�.'X �C°XS;.e:.'e.'�3'-���'�...-..... ,. -. __
Friday, November 15, 2013 Rpt: Rpt Suppl Regular
14
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-402
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
2 �
11126113
Intro
Originator:
!\ `C+
,;_ ] I
i.._�� f�.V_� �r_� ter:'::;
ID
12110113
Finance
Division Head:
Committee;
NOV 2 6 2013
#fig
�l H 'rC O M COUNTY
COUNCIL
Council
Dept. Head.,
Prosecutor:
Purchasing/Budget:
^^ f
pL b
Executive:
TITLE OF DOCUM 4,Supplemental Budget Request #3
ATTACHMENTS. Ordinance, Memoranda & Budget Modification Requests
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes (X ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you
must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the
intent of the action.)
Supplemental #3 requests funding from the Jail Fund:
1. To appropriate $326,000 to fund increase in new Jail nursing contract.
COMMITTEE ACTION.
COUNCIL ACTION.
11/26/2013: Introduced
Related County Contract #: 7Related
File Numbers:
Ordinance or Resolution Number:
15
SPONSORED BY: Finance
PROPOSED BY: Executive
INTRODUCTION DATE: 11/26/13
ORDINANCE NO.
AMENDMENT NO. 3 OF THE 2014 BUDGET
WHEREAS, the 2013-2014 budget was adopted November 20, 2012; and,
WHEREAS, changing circumstances require modifications to the approved 2013-2014
budget; and,
WHEREAS, the modifications to the budget have been assembled here for deliberation by
the Whatcom County Council.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that -the 2013-
2014 Whatcom County Budget Ordinance #2012-048 is hereby amended by adding the
following additional amounts to the 2014 budget included therein:
Fund
Expenditures
Revenues
Net Effect
Jail Fund
326,000
-
326,000
Total Supplemental
326,000
-
326,000
ADOPTED this day of , 2013.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Prosecutor
Kathy Kershner, Chair of the Council
( ) Approved ( ) Denied
Jack Louws, County Executive
Date:
I:\BUDGET\SUPPLS\2014_Suppl\Supplementa1 #3-2014.doc 16
WHATCOM COUNTY
Summary of the 2014 Supplemental Budget Ordinance No. 3
Net Effect to
Increased
(Increased)
Fund Balance
(Decreased)
Decreased
(Increase)
Department/Fund
Description
Expenditure
Revenue
Decrease
Jail Fund
To fund increase for new Jail nursing
326,000
326,000
contract.
Total Supplemental
326,000
326,000
17
Supplemental Budget Request status: Pending
Jail
Supp'l ID it 1740 Fund 118 Cost Center 118160 Originator: Wendy Jones
............. .
Expenditure Type: One -Time Year 2 2014 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Jail Nursing Services Increase
X - - - _ //- �6
Department Head S gnature (Required on Hard Copy Submission) Date
Costs Object Object Description
7 4338.2300 Prisoner Room and Board
6635.003 Visiting Nurse Personal
Amount Requested
($65,200)
$326,000
Request Total $260,800
1 a. Description of request:
This Supplemental will be used to cover increased expenditures for nursing/medical administration costs
for the Jail and Work Center. This increase is the result of having to change providers for this service, as
Visiting Nurse Home Health Care, our current provider, is closing down.
1 b. Primary customers:
Offenders at the Whatcom County Main Jail and Work Center.
2. Problem to be solved:
The jail has contracted with Visiting Nurse Home Health Care for approximately 20 years. In late
September, we were notified that Visiting Nurse would be closing down the agency no later than mid -
December of this year, leaving us with no ability to provide basic nursing care. Due to the short time
frame between the notification and the end of business for Visiting Nurse, there was insufficient time to go
through a standard RFP process. I began contacting a number of local providers of basic health care,
including Interfaith, Sea Mar, Peace Heatlh, Option Care/Walgreens and Northwest Regional Council
(NWRC). All but one of these agencies responded that they felt the services were within their missions,
however, with the launch of the Affordable Care Act and the new Washington State Health Home
program, they did not have the ability to pursue the contract with us at this time. The one agency that
indicated they would be able to work with us was NWRC,
We entered into negotiations with NWRC and have worked out an agreement, which will be coming to
Council for approval. The contract will provide for basic nursing and medical administration services, to
include direct care, medication administration, coordination of care with other practitioners, and other
nursing services. Through the negotiation process, we became aware that Visiting Nurse has been
basically subsidizing the County for several years by providing nursing service hours in excess of the
contracted amount, and then not billing the County for that time, The additional hours are the result of
increasingly serious health needs of the offender population. The contract we have negotiated with
NWRC reflects the increase in estimated hours. We will be working with NWRC after the first of the year
to review staffing plans and see if there is any way to create a staffing plan that will provide adequate
coverage at reduced hours.
The jail has a legal responsibility to provide health care for offenders housed in our facilities. Having solid
nursing care is the foundation of that care and is an essential service in the running of a corrections facility.
3a. Options /Advantages:
Several other providers were contacted and responded they were unable to provide the service, for the
reasons previously outlined. NWRC has a history of providing program administration for a variety of
government programs ranging from the Boundary Review Board to Elder Care. Overseeing the jail's
Tuesday, November 26, 2013 Rpt: Rpt Suppl,Rggular
Supplemental Budget Request Status: Pending
Jail
i Supp7 ID # 1740 Fund 118 Cost Center 118160 Originator. Wendy Jones
nursing program on an interim level will provide local oversight with an agency having an excellent
reputation. The willingness of NWRC to take this contract on an interim basis provides us the time we will
need to go through the full RFP process in May/June of 2014.
3b. Cost savings:
Cost savings are difficult to quantify as they are a potential reduction in liability risk to the County. Inmate -
generated lawsuits occur on a regular basis. The most common grounds for these lawsuits are health
care or lack thereof. A recent example of issues resulting in legal actions for allegedly poor correctional
health care can be found in Snohomish County, which is defending itself against at least 2 lawsuits arising
from inmate deaths in the Snohomish County jail, allegedly due to inadequate health care.
4a. Outcomes:
Nursing and medical administration services will be provided starting in December of 2013 and continue
through December 31, 2014.
4b. Measures:
Nursing services are tracked and reviewed on a monthly basis. Detailed invoices are prepared for
payment, and the quality of these services are reviewed monthly by the Nursing program director, our
Administrative Physician as part of his monthly chart review and Jail Administrative Staff. Results of chart
audits are reviewed by the health care team on a quarterly basis.
5a. Other Departments/Agencies:
Increases in costs impact the per diem rates charged to municipalities and the portion of costs covered by
the Jail sales tax and ultimately the fund balance. A $326,000 increase will add $2.28 to the in -custody
per diem rates..
5b. Name the person in charge of implementation and what they are responsible for.
N/A
6. Funding Source:
Jail Fund Balance and in -custody per diem rates.
Tuesday, November 26, 2013 Rpt: Rpt Suppl Regular
19
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-403
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
MGM
10123113
IN E C EE r p �� E E
I� �V/ I�J�
12110113
finance/Council
Division Head:
201
Dept. Head:
WHATCOM COUNTY
COUNCIL
Prosecutor:
Purchasing/Budget:
Executive:
-"A
TITLE OF D ENT.
Boundary Line Adjustment Between Whateom County and Dorothy Copp
A TTA CHMENTS:
Resolution and survey
SEPA review required? ( ) Yes (X ) NO
Should Clerk schedule a hearing? (X) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date: 12110113
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 requesting authorization to enter into a boundary line adjustment and sale of property to Dorothy
Copp to correct an encroachment of a deck and garage.
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.
20
WHATCOM COUNTY
Parks & Recreation
3373 Mount Baker Highway
Bellingham, WA 98226-9097
CGCM Cp
31P yA
`J93HINO��s,
MEMORANDUM
Michael G. McFarlane, Director
Erik Axelson, Parks Operations Manager
TO: Jack Louws, County Executive and Members of the Whatcom County
Council
FROM: Michael McFarlane, DirectGr-
DATE: October 28th, 2013
RE: Copp Boundary Line Adjustment Resolution
• Requested Action
Enclosed is a resolution to authorize entering into a boundary line adjustment with
Dorothy Copp to correct an encroachment of a deck and garage onto County Park
property in the Glacier area.
• Background and Purpose
Park staff discovered that Ms. Copp had constructed portions of a deck and garage on
County Park property. After reviewing the situation, it was determined that a boundary
line adjustment and subsequent reimbursement by Ms. Copp to the County for the value
of the loss of the property would remedy the situation for all parties. A valuation of the
property the County proposes to transfer was completed by the County's Real Estate
Manager and approved by the Property Management Committee. This resolution
defines the terms and authorizes the County's participation in the boundary line
adjustment.
• Funding
Ms. Copp will pay all the costs associated with the boundary line adjustment and
transfer.
Please contact Michael McFarlane at extension 32072 if you have any questions or
concerns regarding this request.
21
PROPOSED BY:
SPONSORED BY: Parks & Recreation
INTRODUCED:
RESOLUTION NO.
BOUNDARY LINE ADJUSTMENT BETWEEN WHATCOM COUNTY AND DOROTHY COPP
WHEREAS, WCC 21.03.060 allows for alterations to boundary lines of existing lots of
record and,
WHEREAS, an inadvertent building encroachment onto County property by an adjoining
property owner, Dorothy Copp, has created an ownership and compliance issue; and
WHEREAS, both parties desire to resolve the situation and have come to an agreement
to pursue a boundary line adjustment for the impacted area; and,
WHEREAS, the property owner Dorothy Copp will pay all costs associated with and
required for the boundary line adjustment: and,
WHEREAS, the Property Management Committee met on March 20th, 2013 and
recommends entering into a purchase and sale agreement with the adjoining owner for the sale
of a portion of the County property to resolve the encroachment. issues,
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that it is in the
best interest of the County enter into a boundary line adjustment and sale of a portion of real
property described in the attached survey as a strip of land 30 feet wide and 166.5 feet long
and being a portion of the old Northern Pacific Railroad Right -of -Way in the southeast quarter of
the southwest quarter of section 6 and the northeast quarter of the northwest quarter of section
7, township 39 north, range 7 east, WM. Said strip of land laying more or less parallel with,
perpendicular to, southerly of and adjoining parcel A per Record of Survey recorded in Whatcom
County, Washington under Auditor's File No. 2071000071, excepting all minerals, oil gas and
other hydrocarbons substances on and under the real property as well as all development
rights, air rights water rights and water and water stock relating to the real property and any
other easements, rights of way or appurtenances used in connection with the beneficial use and
Page 1
22
enjoyment of the real property, for a purchase price of $12,487.00, the assessed market
value.
APPROVED this day of , 2013.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Clerk of the Council
APPROVED AS TO FORM:
0® 3a 1.3
Elizabeth 0
Ilery, - it Deputy Prosecutor
Page 2
Kathy Kershner, Council Chair
23
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MA
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2 013— 3 6 8
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
twh
10129113
11112113
Finance
Originator:
Council
1n—an ce
Division Head:
l� � � ,�„
12/ 10/ 13
Council
Dept, Bead.-
NOV0 5 201
HA �.�O COUNTY
Prosecutor:
�1�b3
Purehasin /Budget:
C
Executive:
`y`
� �`3
TITLE OFDOCUMENT. Resolution to authorize the purchase of 1500 N. State Street.
ATTACHMENTS. Resolution
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_/or use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in
explaining the intent of the action.)
Requesting Council authorization to purchase the building and property located at 1500 N. State Street as further described in Exhibit
A.
COMMITTEE ACTION:
COUNCIL ACTION.•
11/12/2013: Held in Committee for December 10
11/12/2013: Held in Committee to December 10
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.
25
SPONSORED BY: Consent
PROPOSED BY: Executive
INTRODUCTION DATE: 11/12/13
Resolution 2013-
REQUESTING COUNCIL APPROVAL FOR THE ACQUISITION OF 1500 N.
STATE STREET BUILDING AND PROPERTY
WHEREAS, Whatcom County currently leases over 80% of the building for
County Health Department operations, the Medical Examiner offices, and the
County Morgue space; and
WHEREAS, the Administration has executed a purchase and sale agreement in
the amount of $2.6 million to acquire the building and related property, subject
to Council approval. The agreed purchase price is approximately $1 million less
than the formally appraised value for the building and associated property; and
WHEREAS, this acquisition includes a 20,552 square foot 2-story building
located on a 13,750 square foot lot and a 42,460 square foot parking lot located
within 1/2 block of building. Approximately 120 parking spaces can be
accommodated between both properties; and
WHEREAS, the proposed purchase price is $2.6 million to be funded from the
General Fund with some of the proceeds received as a result of the sale of the
Civic Center building; and
WHEREAS, when acquired and following renovation, this building will house all
operations of PDS, and the development related staff from Public Works and the
Health Department. This county facility will also continue to serve as the offices
of the Medical Examiner and the Morgue; and
WHEREAS, the Northwest Annex facility has exceeded its useful life and
requires extensive investment in repairs and renovations in order to maintain the
facility as a healthy and safe working environment for staff and the public; and
26
WHEREAS, by investing in the State Street building the County can avoid those
extensive repair and renovation costs while ensuring adequate future space for
PDS and offices for the Medical Examiner and Morgue; and
WHEREAS, the acquisition and subsequent renovation of this property will
allow us to cost effectively serve the long terms needs of county government and
our community;
NOW, THEREFORE BE IT RESOLVED, Whatcom County Council hereby
authorizes the County Executive to purchase the property and building located
at 1500 N. State Street as further described in Exhibit A.
APPROVED this day of 2013
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Kathy Kershner,
Clerk of the Council Council Chair
APPROVED AS TO FORM:
Civil Deputy Prosecutor
2
27
EXHIBIT "A"
Property located in the County of Whatcom and State of Washington, more
particularly described as follows:
Lots 7 and 8, Block 74, of the Plat of New Whatcom, together with all
improvements thereon, which together with Lot 6, Block 74, is commonly known
as 1500 N. State Street, in the City of Bellingham [Tax Parcel #38033034215200001
And
Lot 6, Block 74, of the Plat of New Whatcom, together with all
improvements thereon, which together with Lots 7 and 8, Block 74, is known as
1500 N. State Street, in the City of Bellingham [Tax Parcel #3803303481570000]
And
The Southeasterly 1/z of Lots 1- 8, Block 46, of the Plat of New Whatcom,
and the Northwesterly 14 feet of Lots 9 -16, Block 46, of the Plat of New
Whatcom [Tax Parcel #3803303291820000]
Situate in Whatcom County, Washington;
TOGETHER with all of Seller's right, title and interest in and to any rights,
licenses, privileges, reversions and easements pertinent to the real property,
including without limitation, all minerals, oil, gas and other hydrocarbon
substances on and under the real property as well as all development rights, air
rights, water rights, water and water stock relating to the real property and any
other easements, rights of way, or appurtenances used in connection with the
beneficial use and enjoyment of the real property (collectively, the 'Property").
r:
WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2013-384
CLEARANCES
initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Twh
10124113
11112113
intro
Originator:
11/26/13
Finance /
Division Head:
Council
Finance/
Dept. Head-
',0M COUNTY
OWNCIL
12/10/2013
Council
Prosecutor:
PurchasinglBudget:
0
/ / .5-1
Executive:
TITLE OF D OCUM]
Ordinance to rescind and replace Ordinance 82-109 amended through Ordinance 2006-007 and
codified in Whatcom County Code as Chapter 5.04.080., with the EMS Oversight board (WCC
5.04.080) and Technical Advisory Board (WCC 5.04.085) defining the composition and duties of
these newly established Boards.
A TTA CHMENTS. Memo and Ordinance
SEPA review required? ) Yes ( x NO
Should Clerk schedule a hearing ? )Yes (x ) NO
SEPA review completed? ) Yes ( x NO
Requested Date:
SUMMARYSTATEMENTOR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires apublic hearing, you
must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in
explaining the intent of the action.)
Ordinance to replace the EMS Advisory Board with the EMS Oversight Board and Technical Advisory
Board as resolved through Joint Resolution 2012-016.
COMMITTEE ACTION.
COUNCIL ACTION.
11/26/2013: Committee amended and also made
11/12/2013: Introduced
recommendations for corrections, and approved to forward
11/26/2013: Withdrawn and rescheduled to
to Council. The administration to bring forward an
December 10.
amended version for approval tonight. After meeting,
Ken and Jack decided to withdraw this from evening agenda
and hold to December 10.
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: wivw.co.whatconi.;Pa.uslcounciL
29
WHATCOM COUNTY
EXECUTIVE'S OFFICE
County Courthouse
311 Grand Avenue, Suite #108
Bellingham, WA 98225-4082
�GOM co
10
MEMORANDUM
TO: Whatcom County Council
FROM: Tawni Helms, Administrative Coordinator
DATE: December 3, 2013
Jack Loms
County Executive
SUBJECT: Revisions to Ordinance to replace Ordinance 82-109 and amended through
Ordinance 2006-007
Background and Purpose:
On November 12, 2013 an Ordinance to replace the Emergency Medical and Ambulance
Advisory Board was introduced to Council. Council recommended a few nominal changes to
Exhibit A of the Ordinance to clarify the quorum necessary for taking votes. These changes are
clearly indicated in purple on the redline version of the document.
In addition to the Council recommended modifications listed above, additional changes were
made to Attachment "A", Whatcom County EMS Administrative Services. These changes
are clearly indicated in redline. Changes to Attachment "A" were determined to be non -
substantive and largely "clean up". The revisions are a result of the finalization of the
Ambulance Life Support Services (ALS) Interlocal Agreements with the City of Bellingham and
Fire District 7. Both ALS agreements are also scheduled for Council review and action at the
December 10 council meeting.
Requested Action:
Council approval of Whatcom county Code, Section 5.04.080 and amended and Section 5.04.085
as created and shown in Exhibit A.
Office (360) 676-671 7 FAX (360) 676-6775 TRS: 711 30
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SPONSORED BY:
PROPOSED BY: Countv Executive
INTRODUCTION DATE:
ORDINANCE NO.
Ordinance to Replace the Emergency Medical and Ambulance Advisory
Board Established Through Whatcom County Ordinance No. 82-109 and
Amended Through Ordinance 2006-007 (codified in Whatcom county Code
as Chapter 5.04.080) with the EMS Oversight Board and Technical Advisory
Board Defining the Composition and Duties of These Newly Established
Boards
WHEREAS, the EMS policy committee was formed by both Whatcom County and
City of Bellingham Councils, ensuring equitable representation of Whatcom County and
the City of Bellingham, and the policy committee appointed subcommittees to address
the issues related to emergency medical services in Whatcom County; and
WHEREAS, in June 2012, the Whatcom County Council and the Bellingham City
Council passed a Joint Resolution of the City of Bellingham and Whatcom County
Adopting the Jointly Recommended Business Model for County Wide Emergency Medical
Services (EMS); and
WHEREAS, the June 2012 joint resolution called for establishment of an EMS
Oversight Board ("EOB") and a Technical Advisory Board ("TAB"); and
WHEREAS, this ordinance is intended to establish the role and composition of
the EOB and TAB as clarified by the parties through the development of the Advanced
Life Support (ALS) Services Interlocal Agreement; and
WHEREAS, it is intended that the EOB and the TAB replace the current
Emergency Medical and Ambulance Advisory Board established through Ordinance 82-
109 and amended through Ordinance 2006-007 and codified in Whatcom County Code
as Chapter 5.04.080.
Page 1
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NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
the Whatcom County Code, Section 5.04.080 is amended, and Section 5.04.085 is
created as shown in Exhibit A by the Whatcom County Council.
ADOPTED this day of , 2013.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Clerk of the Council
AP,R-,OVEDTOFORM:
"q1'CtR
hj"�t�
Civil Deputy Prosecutor
Page 2
Ka by Kershner, Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Jack Louws, County Executive
( ) Approved ( ) Denied
Date Signed:
32
EXHIBIT A
5.04.080 EMS Oversight Board
A. Composition.
There is created a joint, advisory, cooperative emergency medical and ambulance adviseyFservices oversight board,
consisting of the following nine membersper-�:
1. The Whatcom County executive;
2. The ffkTI( -Mayor of Bellingham;
3. A mayor of an incorporated city, other than Bellingham, se e^ted-q pointed by the Small Cities Mayors'
Association;
4. One Bellingham Ceity Ceouncil_-bermember;
5. eeOne Whatcom County Council member;
6. County Fire District
Commissioner, appointed by the County Fire Commissioner's Association;
7. A medical community
citizen representative, appointed jointly by the County Executive and Mayor of Bellingham;
8. A financial/budget citizen
representative, appointed jointly by the County Executive and the Mayor of Bellingham;
9. A citizen at large, appointed iointlyby the county Executive and
Mayor of Bellingham.
B. Duties of the EMS Oversight Board.
The EMS Oversight Bboard shall:
1. AGt to coordinate and improve arnbularl -ARGI related mediGal transportation serv!Ges throughout WhatGOM
CountyWith the active advice and participation of the TAB, make recommendations to Whatcom County and the
Cities and Fire Districts of Whatcom County regarding administration, operations, levels of service, and EMS
budoets and financial reoortina including but not limited to the obiectives and actions described in Attachment "A"
Whatcom County EMS Administrative Services; and.
2. Be the primary
a organization responsible for framing the ongoing vision of an
integrated and coordinated EMS system; and
-
3. Make budgetary reGGFnmendatiGRS f49F arnbbulanGe serviGesHold at least four meetings per year (quarterly) to
review the status of emergency medical services in Whatcom County and to develop recommendations; provided
that all nine members shall be voting members and provided further that a quorum of six members is required in
33
order for the board to take final action. Board recommendations shall be made by a minimum of five (5) members
voting to affirm the recommendation; and
4. ,e AGesRefer appropriate technical,
operational, and medical matters to the Technical Advisory Board.
5. Ensure that .
b. Reviewing and GOMmenting on the projeGted budget and goals for the new year (AugustfSepteFAbe
meetir►g)meetings of the EMS Oversight board are open and accessible to the Public. At every meeting the
board will schedule an open session to take public comment.
6. Designate the Whatcom County Executive as the chairperson of the Board and designate the staff for the
Board. The Board may select a vice chair who may serve as interim chair in the absence of the County
Executive.
7. In making recommendations, strive to stay within the adopted county budget and service provider contracts.
Any recommendation will include a fiscal analysis and funding recommendation.
5.04.085 EMS Technical Advisory Board
A. Composition
There is created a joint, cooperative emergency medical services technical advisory board, consisting of the
following ten members:
1. A member appointed by the Whatcom County Fire Chiefs Association;
2. A member appointed by the County Executive from the Whatcom County Administration;
3. A hospital/medical community representative, appointed'ointly by the County Executive and the Mayor of
Bellingham;
4. A member appointed by Whatcom County Fire District 7 as an ALS Service Provider;
5. A member appointed by the City of Bellingham Fire Department as an ALS Service Provider;
6. A member from the What -Comm Dispatch Center,_ appointed jointly by the County Executive and Mayor
of Bellingham
7. A paramedic training education provider, appointed jointly by the County Executive and Mayor of
Bellingham.
8. A member appointed by the Whatcom County_EMS/Trauma Care Council;
9. A member appointed by the Mayor of Bellingham from the City of Bellingham administration; and
10. The Medical Program Director.
34
B. Board Officer and Staff Support
1. County Executive shall appoint Chair and Vice Chair.
2. The Chair shall be responsible for convening and conducting meetings.
3. Staff support of the TAB shall be designated by and serve under the direction of the County Executive.
4. The TAB may create other interim work groups to assist the TAB in making recommendations. ecommendations. The
interim work groups may include other members of the community not part of the TAB.
C. Duties of the EMS Technical Advisory Board
The Technical Advisory Board shall:
1. Serve as advisors and make recommendations to the EOB and to Emergency Medical Service Providers
in Whatcom County regarding operational, educational, and logistical components of basic through advanced life
support services; and
2. Monitor the Emergency Medical Services provided throughout Whatcom County and make
recommendations to the EOB designed to improve the efficiency and effectiveness of those services.
3. Hold meetings as needed with the primary purpose of making such recommendations in an efficient and
focused manner.
4. Strive to make recommendations by consensus. In the absence of consensus recommendations may be
made by a majority of all members of the TAB.
5. Coordinate ongoing training standards and services.
6. Strive to make recommendations that stay within the adopted county budget and service provider
contracts. Any recommendations will include a fiscal analysis and funding_ recommendation.
C. The Ghairpersen of the board may tl-the
the board when reque&ted4o-do-,� a -party ipating agency -(Ord. 2006-007; Ord. 82-109; prior code § 4.02.080).
35
EXHIBIT A
5.04.080 EMS Oversight Board
A. Composition. There is created a joint, advisory, cooperative emergency medical and ambulance services oversight
board, consisting of the following nine members:
1. The Whatcom County executive;
2. The Mayor of Bellingham;
3. A mayor of an incorporated city, other than Bellingham, appointed by the Small Cities Mayors' Association;
4. One Bellingham City Council member;
5. One Whatcom County Council member;
6. County Fire District Commissioner, appointed by the County Fire Commissioner's Association;
7. A medical community citizen representative, appointed jointly by the County Executive and Mayor of
Bellingham;
8. A financial/budget citizen representative, appointed jointly by the County Executive and the Mayor of
Bellingham;
9. A citizen at large, appointed jointly by the county Executive and Mayor of Bellingham.
B. Duties of the EMS Oversight Board.
The EMS Oversight Board shall:
1. With the active advice and participation of the TAB, make recommendations to Whatcom County and the
Cities and Fire Districts of Whatcom County regarding administration, operations, levels of service, and EMS
budgets and financial reporting including but not limited to the objectives and actions described in Attachment "A"
Whatcom County EMS Administrative Services; and
2. Be the primary organization responsible for framing the ongoing vision of an integrated and coordinated EMS
system; and
3. Hold at least four meetings per year (quarterly) to review the status of emergency medical services in
Whatcom County and to develop recommendations; provided that all nine members shall be voting members and
provided further that a quorum of six members is required in order for the board to take final action. Board
recommendations shall be made by a minimum of five (5) members voting to affirm the recommendation; and
4. Refer appropriate technical, operational, and medical matters to the Technical Advisory Board.
5. Ensure that meetings of the EMS Oversight board are open and accessible to the Public. At every meeting
the board will schedule an open session to take public comment.
6. Designate the Whatcom County Executive as the chairperson of the Board and designate the staff for the
Board. The Board may select a vice chair who may serve as interim chair in the absence of the County
Executive. 36
7. In making recommendations.strive to stay within the adopted county budget and service provider contracts.
Any recommendation will include a fiscal analysis and funding recommendation.
5.04.085 EMS Technical Advisory Board
A. Composition: There is created a joint, cooperative emergency medical services technical advisory board,
consisting of the following ten members:
1. A member appointed by the Whatcom County Fire Chiefs Association;
2. A member appointed by the County Executive from the Whatcom County Administration;
3. A hospital/medical community representative, appointed jointly by the County Executive and the Mayor of
Bellingham;
4. A member appointed by Whatcom County Fire District 7 as an ALS Service Provider;
5. A member appointed by the City of Bellingham Fire Department as an AILS Service Provider;
6. A member from the What -Comm Dispatch Center, appointed jointly by the County Executive and Mayor
of Bellingham
7. A paramedic training education provider, appointed jointly by the County Executive and Mayor of
Bellingham.
8. A member appointed by the Whatcom County EMS/Trauma Care Council;
9. A member appointed by the Mayor of Bellingham from the City of Bellingham administration; and
10. The Medical Program Director.
B. Board Officer and Staff Support
1. County Executive shall appoint Chair and Vice Chair.
2. The Chair shall be responsible for convening and conducting meetings.
3. Staff support of the TAB shall be designated by and serve under the direction of the County Executive.
4. The TAB may create other interim work groups to assist the TAB in making recommendations. The
interim work groups may include other members of the community not part of the TAB.
C. Duties of the EMS Technical Advisory Board
The Technical Advisory Board shall:
1. Serve as advisors and make recommendations to the EOB and to Emergency Medical Service Providers
in Whatcom County regarding operational, educational, and logistical components of basic through advanced life
support services; and 37
2. Monitor the Emergency Medical Services provided throughout Whatcom County and make
recommendations to the EOB designed to improve the efficiency and effectiveness of those services.
3. Hold meetings as needed with the primary purpose of making such recommendations in an efficient and
focused manner.
4. Strive to make recommendations by consensus. In the absence of consensus recommendations may be
made by a majority of all members of the TAB.
5. Coordinate ongoing training standards and services.
6. Strive to make recommendations that stay within the adopted county budget and service provider
contracts. Any recommendations will include a fiscal analysis and funding recommendation.
(Ord. 2006-007; Ord. 82-109; prior code § 4.02.080).
ATTACHMENT "A"
Whatcom County EMS Administrative Services
Whatcom County shall provide over-all administrative services for EMS, with the following tasks and
goals:
A. Maintain the EMS system as an integrated regional network (county -wide) of Basic Life Support
(BLS) and Advanced Life Support (ALS) services provided by Whatcom County, local Cities and
County Fire Districts using the following model:
o Firefighter Emergency Medical Technicians (EMTs) provide first -on -scene response to EMS
calls and provide BLS services
o ALS services provided by a limited number of providers
o Regional programs emphasize uniformity of medical care across jurisdictions, consistency
and excellence in training, and medical quality assurance
A.B.Make regional delivery and funding decisions cooperatively with the EOB and TAB to ensure ALS
delivery from a system -wide perspective
i. EIVIS Oversight Board (EOB) -monitor uniformity and consistency of the system
and provide counsel to Whatcom County EMS Administration
f3-:C. Develop and implement strategic initiatives to provide greater efficiencies within the system
that (TAB will play an integral part in making recommendations to the county):
e1. Maintain or improve current standards of patient care through:
4 a. Regional Medical Direction in conjunction with Whatcom County Medical Program
Director (MPD)
4 b. BLS/ALS protocols
4 c. Medical Program DiFeGt ( ADD) & u^ff�*��community sponsored research studies
approved by the County
W d. National
and International industry best practices
e 2. Improve the operational efficiencies of the system to help contain costs
a. Standardizinge paramedic student training requirements; consolidatinge and
conductiM-joint training
IL._Strengthening cross -jurisdictional mutual service agreements
e 3. Manage the rate of growth in the demand for ALS services
a. Determining the nNumber of and Il=ocation of ALS units based on:
1. Unit workload
2. Unit response time
3. Availability in primary service area and dependency on backup
4. Frequency and service impact of multiple alarms
5. Paramedic exposure to critical skill sets
6. Projection of calls
7. Population trends
39
ATTACH ME NT "A"
b. Triaging calls and classification as BLS vs. ALS patient care;; triage
• c. Appropriate utilization of tTransport services based on patient needs
• d. CoordinatieeDg_-Gn EMS system development with local health care providers, EMS
Trauma Care Council(s) and the State Department of Health
Ensure the EMS system operates in coordinated partnerships between the BLS agencies and ALS Service
Pproviders through regionalization, collaboration and cross -jurisdictional coordination; including by way
of examples-ieE e_
ii. Equipment exchange
iii. Equipment research
iv. Group purchasing
v. Equipment specifications
vi. Paramedic/EMT interaction training
M,
ATTACH IVI E N T "A"
Whatcom County EMS Administrative Services
Whatcom County shall provide over-all administrative services for EMS, with the following tasks and
goals:
A. Maintain the EMS system as an integrated regional network (county -wide) of Basic Life Support
(BLS) and Advanced Life Support (ALS) services provided by Whatcom County, local Cities and
County Fire Districts using the following model:
o Firefighter Emergency Medical Technicians (EMTs) provide first -on -scene response to EMS
calls and provide BLS services
o ALS services provided by a limited number of providers
o Regional programs emphasize uniformity of medical care across jurisdictions, consistency
and excellence in training, and medical quality assurance
B. Make regional delivery and funding decisions cooperatively with the EOB and TAB to ensure ALS
delivery from a system -wide perspective
i. EMS Oversight Board (EOB) - monitor uniformity and consistency of the system
and provide counsel to Whatcom County EMS Administration
C. Develop and implement strategic initiatives to provide greater efficiencies within the system
that (TAB will play an integral part in making recommendations to the county):
1. Maintain or improve current standards of patient care through:
a. Regional Medical Direction in conjunction with Whatcom County Medical Program
Director (MPD)
b. BLS/ALS protocols
c. Medical community sponsored research studies approved by the County
d. National and International industry best practices
2. Improve the operational efficiencies of the system to help contain costs by:
a. Standardizing paramedic student training requirements; consolidating and conducting joint
training
b. Strengthening cross -jurisdictional mutual service agreements
3. Manage the rate of growth in the demand for ALS services by:
a. Determining the number and location of ALS units based on:
1. Unit workload
2. Unit response time
3. Availability in primary service area and dependency on backup
4. Frequency and service impact of multiple alarms
5. Paramedic exposure to critical skill sets
6. Projection of calls
7. Population trends
b. Triaging calls and classification as BLS vs. ALS patient care
c. Appropriate utilization of transport services based on patient needs
41
ATTACHMENT "A"
d. Coordinating EMS system development with local health care providers, EMS Trauma Care
Council(s) and the State Department of Health
Ensure the EMS system operates in coordinated partnerships between the BLS agencies and ALS Service
Providers through regionalization, collaboration and cross -jurisdictional coordination; including by way
of example:
ii. Equipment exchange
iii. Equipment research
iv. Group purchasing
v. Equipment specifications
vi. Paramedic/EMT interaction training
42
WHATCOM COUNTY COUNCIL AGENDA BILL NO
2013-404
CLEARANCES
Initial
Date
Date Received in Council O Ice
Agenda Date
Assigned to:
Originator:
q , c�
11126113
12110113
Finance & Admin Svcs
W
Committee and Council
Agenda
Division Head.
11126113
DEC 1
Dept Head:
�o��@
HATCOlCOUNTY
/
1(��(���3
Prosecutor:
COUNCIL
Purchasing/Budget:
Executive.
TITLE OF D T.
Corrections Deputies and Sergeants Collective Bargaining Agreement
ATTACHMENTS:
December 10, 2013 —December 31, 2014 Corrections Deputies and Sergeants Collective Bargaining
Agreement
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes (X ) NO
Requested Date:
SUMIVIARYSTATEMENT 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.)
Request approval of December 10, 2013 — December 31, 2014 Corrections Deputies and Sergeants Collective
Bargaining Agreement.
COMMITTEE ACTION. •
COUNCIL ACTION:
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
200707009 & 200707009-1
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.uslcouncil.
43
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
a0/3//U/ 9
Originating Department:
Administrative Services - Human Resources
Contract or Grant Administrator:
Human Resources
Contractor's / Agency Name:
General Teamsters' Local Union #231 representing Corrections
Deputies & Sergeants
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑
Yes❑ No ❑ If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes ❑ No ❑
Is this a grant agreement?
Yes❑ No ® If yes, grantor agency contract number(s) CFDA #
Is this contract grant funded?
Yes ❑ No ® If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes ❑ No ® If yes, RFP and Bid number(s) Cost Center:
Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
® Interlocal Agreement (between Govt's) ❑Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$
• Bid is more than $40,000.
This Amendment Amount:
• Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope: Corrections Deputies & Sergeants Collective Bargaining Agreement
Term of Contract:12/10/2013 - 12/31/2014
Expiration Date: 12/31/2014
Contract Routins Steps & Siznoff Sign or Initial Indicate date transmitted
1.
Prepared b: 1, "wC .-
Date: 11/26/13
2.
Attorney reviewed:
Date: IE f i 3
3.
AS Finance reviewed:
Date:
4.
IT reviewed, if IT related:
Date:
5.
Corrections made:
Date:
6.
Attorney si noff:
Date: `t Ad / 3
7.
Contractor signed:
Date:
8.
Submitted to Exec Office: ,�
Date: /-26 -/
9.
Council Approved (if required):
Date:
10. Executive signed:
Date:
11. Contractor original returned to Dept.:
Date:
Last Edited 7/24/13
44
WHATCOM COUNTY
CONTRACT O.
for 3 t1019
COLLECTIVE BARGAINING
AGREEMENT
By and Between
WHATCOM COUNTY, WASHINGTON
AND
GENERAL TEAMSTERS' LOCAL UNION NO. 231
CORRECTIONS DEPUTIES & SERGEANTS
BARGAINING UNIT
DECEMBER 10, 2013 - DECEMBER 31, 2014
Whatcom County Corrections 12/10/13 - 12/31/14 page 1
45
TABLE OF CONTENTS
Paqe
GENERAL PURPOSES.................................................................................................. 8
ARTICLE 1 — UNION RECOGNITION AND SECURITY.................................................8
Exclusions.......................................................................................................................8
Members in Good Standing.............................................................................................8
Non -Discrimination Clause.............................................................................................. 9
New Hire Notice to Union................................................................................................9
BargainingUnit Work.......................................................................................................9
• Volunteers.............................................................................................................9
Authorized Representatives.............................................................................................9
CivilService Rules...........................................................................................................9
• Promotional Exams...............................................................................................9
ARTICLE 2 — DISCIPLINE/INTERNAL INVESTIGATIONS..........................................10
Typesof Discipline.....................................................................................................:..10
Discharge or Suspension...............................................................................................10
• Probationary Employees.....................................................................................10
ProgressiveDiscipline...................................................................................................10
• Records Removal...............................................................................................10
SupervisorNotes...........................................................................................................10
Counseling.....................................................................................................................10
Performance Evaluations...............................................................................................10
• Disputes..............................................................................................................10
Investigative Procedures...............................................................................................11
• Due Process.......................................................................................................11
• Constitutional Rights or Privileges......................................................................11
• Interview.............................................................................................................11
• Interview Advisement....................................................................................11
• Length of Interview........................................................................................11
• Conduct.........................................................................................................12
• No Inducements Allowed...............................................................................12
• Recordings....................................................................................................12
• Recording Permission Not Required........................................................12
• Class II Investigation Interviews...............................................................12
• Recording Device.....................................................................................12
• Non -employee Witnesses........................................................................12
• Union Representation..............................................................................12
• Length of Investigation and Access to Investigatory Files...................................12
• Extension of Timeline....................................................................................13
• Suspension of Timeline.................................................................................13
• Determination of Discipline.................................................................................13
Whatcom County Corrections 12/10/13 - 12/31/14 page 2
• Media Access.....................................................................................................13
• Access to Investigatory File................................................................................13
PersonnelFile................................................................................................................14
Advance Notice of Public Disclosure Request...............................................................14
ARTICLE 3 — WORK SCHEDULE................................................................................14
Shifts..............................................................................................................................14
• Alternative Shift Schedules......................................................................................14
• Work Week...............................................................................................................14
• Swing Shift Premium................................................................................................15
• 12-Hour Shift............................................................................................................15
• Work Breaks.......................................................................................................15
StaffingImperatives.......................................................................................................15
• Shift Bidding.............................................................................................................15
• Vacant Bid ................................. :..............................................................................
16
• Probationary Deputies..............................................................................................16
• Shift Exchanges.......................................................................................................16
• Shift Change............................................................................................................17
OvertimeDefinitions......................................................................................................17
• Minimum Overtime Between Shifts..........................................................................17
• Hold -Over Overtime.................................................................................................17
• Minimum Overtime on Regular Days Off..................................................................17
• Minimum Overtime During Vacation.........................................................................17
• Vacation Overtime Authorization........................................................................18
• Nonrefundable Loss............................................................................................18
Equal Opportunity for Overtime.....................................................................................18
• Overtime Selection List............................................................................................18
• Overtime Posting......................................................................................................18
• Voluntary Overtime Bidding......................................................................................18
• Voluntary Overtime — 12-hour Shifts...................................................................18
• Voluntary Non -bid Overtime.....................................................................................19
• Mandatory Overtime.................................................................................................19
• Multiple Shifts.....................................................................................................19
• Order In Criteria..................................................................................................19
• Extended Overtime...................................................................................................19
ExtendedShifts.............................................................................................................19
CompensatoryTime......................................................................................................19
ARTICLE 4 — HOLIDAYS..............................................................................................20
Eligibility Criteria............................................................................................................20
Eligibility if on Payroll on 6/15/94........................................................................20
Accrual and Bidding of Holidays....................................................................................20
• Specialized Units......................................................................................................20
• 12-Hour Shift .............................. .............................20
.................................................
Pay on Designated Holidays..........................................................................................20
PersonalHoliday...........................................................................................................21
• Personal Holiday Scheduling...................................................................................21
Whatcom County Corrections 12/10/13 - 12/31/14 page 3
47
ARTICLE5 — VACATION.............................................................................................21
VacationAccrual............................................................................................................21
• Vacation Accrual Rate..............................................................................................21
• Scheduling...............................................................................................................21
• Eligibility Criteria.......................................................................................................21
• Eligibility if on Payroll on 6/15/94........................................................................22
• Monthly Vacation Accrual Anniversary Date............................................................22
• Hired Prior to June 15, 1994...............................................................................22
TerminationCashout.....................................................................................................22
VacationBidding............................................................................................................22
• Bidding Limits...........................................................................................................22
• First Selection..........................................................................................................22
• Second and Subsequent Selections........................................................................23
• Definition..................................................................................................................23
• Probationary Deputies..............................................................................................23
• Vacation Bid Weeks Trading ............................. ...................23
...................................
..
Vacation Bidding Limits.................................................................................................23
Deputies Working Less Than 1.0 FTE...........................................................................23
VacationCarryover.. ......................................................................................................
23
Floaters..........................................................................................................................
24
ARTICLE — HEALTH & WELFARE.............................................................................24
Eligibility Criteria............................................................................................................24
• Eligibility if on Payroll on 6/15/94..............................................................................24
• Change or Modification of Plans..............................................................................24
Health& Welfare...........................................................................................................24
• Medical.....................................................................................................................24
• Dental.......................................................................................................................24
• Vision Care....................................................................................................24
LifeInsurance................................................................................................................24
MedicalPremiums.........................................................................................................25
• County Contribution..................................................................................................25
• Medical..........................................................................................................25
• Dental, Vision and Life Insurance..................................................................
25
• Employee Medical Contribution................................................................................25
TrustTerms...................................................................................................................25
Flex125 Plan.................................................................................................................25
Medical Coverage Dispute.............................................................................................25
Medical Schedule of Benefits........................................................................................25
Medical Advisory Committee.........................................................................................25
MedicalPlan Options.....................................................................................................25
• Qualified Deductible Health Plan (QHDHP)
.............................................................26
o 2014 Participation..........................................................................................26
■ New Enrollment in 2014......................................................................26
■ Re -enrollment in 2014.........................................................................26
Whatcom County Corrections 12/10/13 — 12/31/14 page 4
oNew Hires......................................................................................................26
o Employee HSA Contributions........................................................................26
• Contributory Cap Plan..............................................................................................26
0 2014 Coverage.............................................................................................. 26
o Cap 2000 Plan — Non -Qualified High Deductible 2013..................................27
■ Non -Qualified High Deductible 2014...................................................27
Retirement Health Savings Plan....................................................................................27
ARTICLE 7 — SICK LEAVE...........................................................................................27
SickLeave Usage..........................................................................................................27
• Utilization..................................................................................................................27
Eligibility Criteria and Accrual Rate................................................................................27
• Eligibility if on Payroll on 6/15/94.................. :...........................................................
28
• Order of Accrual Usage............................................................................................28
BonusDays ............................................ .......................................................................28
TerminationCashout.....................................................................................................28
• Notification and Application......................................................................................28
Proofof Illness...............................................................................................................28
Layoff.............................................................................................................................
28
AccrualDeduction.........................................................................................................28
Maternity or Disability Leave..........................................................................................28
Notification to Supervisor...............................................................................................28
SickLeave Sharing........................................................................................................29
On -Duty Assault............................................................................................................29
ARTICLE 8 — FAMILY CARE........................................................................................29
ARTICLE 9 — JURY DUTY............................................................................................29
ARTICLE 10 — BEREAVEMENT LEAVE......................................................................29
ARTICLE 11 — INITIATION FEE AND DUES CHECKOFF...........................................30
Authorization of Deductions...........................................................................................30
PayrollDeduction..........................................................................................................30
ARTICLE 12 — WORK ASSIGNMENTS AND NON -WAGE REIMBURSEMENTS AND
PAYMENTS................................................................................................................... 30
SpecialtyPositions........................................................................................................30
Specialty Position Premium............................................................................................ 30
Clothing, Equipment and Cleaning Allowance...............................................................30
• Allowance Usage.....................................................................................................30
Repair and Replacement...............................................................................................30
Transportation Deputy Assignment............................................................................... 31
• Schooling.................................................................................................................31
• Pay...........................................................................................................................31
• Qualifications Standards..........................................................................................31
• Lunches....................................................................................................................31
• Western State Hospital Runs................................................................................... 31
Whatcom County Corrections 12/10/13 - 12/31/14 page S
i •
Pyramiding of Premiums................................................................................................31
ARTICLE 13 — PHYSICAL EXAMS..............................................................................31
New or Rehire Required Exams....................................................................................31
Annual Exam Covered...................................................................................................32
• Ordered Exams...................................................................................................32
ARTICLE 14 — RULES OF OPERATION......................................................................32
ARTICLE 15 — UNION ACTIVITY................................................................................. 32
Negotiations................................................................................................................... 32
UnionActivity.................................................................................................................32
• Shop Steward Training.......................................................................................32
ARTICLE 16 — SEPARABILITY AND SAVINGS..........................................................33
ARTICLE 17 — LONGEVITY.................................................................:....................... 33
ARTICLE 18 — GENERAL CONDITIONS.....................................................................33
RangePlacement..........................................................................................................33
Reclassification.............................................................................................................. 33
StepPlacement............................................................................................................. 33
• Sheriff's Discretion on Step Placement...............................................................33
StepAdvancement........................................................................................................ 33
Promotion Anniversary Date..........................................................................................33
Personnel Records Access............................................................................................34
Performance Evaluations...............................................................................................34
Training.......................................................................................................................... 34
Work in Higher Classification.........................................................................................34
• Acting Sergeant........................................................................................................34
Part -Time and Temporary Deputies..............................................................................34
Shots.............................................................................................................................34
TravelingExpenses....................................................................................................... 34
Subcontracting............................................................................................................... 34
Electronic Funds Transfer..............................................................................................35
Abilityto Cross Border...................................................................................................35
ARTICLE 19 — SALARY SCHEDULE...........................................................................35
ARTICLE 20 — GRIEVANCE PROCEDURE AND ARBITRATION...............................35
GrievanceDefinition......................................................................................................35
• Initial Filing............................................................................................................... 35
• Union Notification.....................................................................................................35
Arbitration...................................................................................................................... 35
• Hearing Commencement.........................................................................................36
• Arbitrator's Fees.......................................................................................................36
• Arbitration Venue.....................................................................................................36
TimeLimitations............................................................................................................36
Whatcom County Corrections 12/10/13 - 12/31/14 page 6
50
No Lockout, Strike or Slow Down.................................................................................. 36
ArbitrationVenue...........................................................................................................36
PastPractice................................................................................................................. 36
ARTICLE 21 -- SENIORITY........................................................................................... 36
ARTICLE 22 — MANAGEMENT RIGHTS...................................................................... 37
ARTICLE 23 — INDEMNITY AND HOLD HARMLESS AGREEMENT .......................... 37
ARTICLE 24 — TERMINATION CLAUSE...................................................................... 37
Duration......................................................................................................................... 37
Subsequent Agreements............................................................................................... 38
ADDENDUM A - POSITION TITLE INDEX...................................................................39
ADDENDUM B — MATRICES.......................................................................................40
LETTER OF UNDERSTANDING #1.............................................................................42
Drug -Free Work Place Policy........................................................................................42
Training.......................................................................................................................... 42
Grooming....................................................................................................................... 42
Non -Firearms Qualified..................................................................................................42
WageTables.................................................................................................................42
LETTER OF UNDERSTANDING #2 — Temporaries with Benefits .............................44
ADDENDUM C — ADVICE OF ADMINISTRATIVE INVESTIGATION ..........................46
ADDENDUM D — ADVICE OF ADMINISTRATIVE INTERVIEW..................................48
Whatcom County Corrections 12/10/13 - 12/31/14 page 7
51
AGREEMENT
By and Between
WHATCOM COUNTY, WASHINGTON
AND
GENERAL TEAMSTERS' LOCAL UNION NO. 231
CORRECTIONS DEPUTIES & SERGEANTS BARGAINING UNIT
DECEMBER 10, 2013 — DECEMBER 31, 2014
THIS AGREEMENT, MADE AND ENTERED INTO THIS 10t" day of December,
2013, by and between WHATCOM COUNTY, WASHINGTON, hereinafter referred to as
the County, and GENERAL TEAMSTERS'LOCAL UNION NO. 231, affiliated with the
International Brotherhood of Teamsters, hereinafter referred to as the Union.
GENERAL PURPOSES
The County and the Union do hereby reach agreement for the purpose of
enhancing the employer -employee relationship and to promote service to the public and
the general efficiency, morale and security in the Sheriff's Office.
ARTICLE 1 - UNION RECOGNITION AND SECURITY
1.01 Exclusions. The County recognizes the Union as the sole and exclusive
representative for the purpose of collective bargaining for the positions of the Sheriffs
Office listed in the attached Addendum A. Excluded from the collective bargaining unit
are all other employees of the Sheriff's Office and full-time temporary help employed for
periods of up to four (4) months in a calendar year. Deputies working not more than
sixty-nine (69) hours per calendar month are also excluded.
1.02 Members in Good Standing. It shall be a condition of employment that
all Corrections Deputies of the County covered by this Agreement who are members of
the Union in good standing on the effective date of this Agreement shall remain
members in good standing and those who are not members on the effective date of this
Agreement shall on the 31 st day following the effective date of this Agreement become
and remain members in good standing in the Union. It shall also be a condition of
employment that all Corrections Deputies covered by this Agreement hired on or after
its effective date shall on the 31 st day following the beginning of such employment,
become and remain members in good standing in the Union, PROVIDED THAT, if a
public employee is a member of a church or religious body whose bona fide religious
tenets or teaching forbid said employee to become a member of a labor union, such
public employee shall pay an amount of money equivalent to the regular union dues and
initiation fee of the Union to a non -religious charity or to another charitable organization
mutually agreed upon by the deputy and the Union. The deputy shall furnish written
proof to the Union that such payment has been made. If the deputy and the Union do
not reach an agreement on the non -religious charity to whom the Union dues and
Whatcom County Corrections 12/10/13-12/31/14 page 8
52
initiation fees are to be paid, the Public Employment Relations Commission shall
designate the charitable organization.
1.03 Non -Discrimination Clause. No Deputy shall be discharged, suspended
or discriminated against for upholding Union principles and any deputy working under
instruction of the Union or who serves on a committee may do so without losing their
position for such activity. There shall be no discrimination against any individual deputy
of the County or member of the labor organization with whom the County has a bona
fide collective bargaining agreement with respect to the hire, tenure, compensation or
other terms and conditions of employment because of Union membership or as required
by law, except where such constitutes a bona fide occupational qualification.
1.04 New, Hire Notice to Union. The Union shall be notified within thirty-one
(31) calendar days of new hires. Notification shall be in writing and shall include the
deputy's name, social security number, address, date of hire, classification, range and
step.
1.05 Bargaining Unit Work. Members of the bargaining unit shall perform all
work of the bargaining unit, provided that Sheriff's Office unrepresented employees may
perform bargaining unit work on occasion.
1.05a Volunteers. The use of properly trained volunteers is not
prohibited by this Agreement so long as bargaining unit deputies are not supplanted.
The Union may review the volunteer program regarding compliance with the foregoing
and should a dispute develop, it shall be subject to Article 20 (Grievance Procedure) for
resolution.
1.06 Authorized Representatives. All collective bargaining with respect to
wages, hours and other working conditions of employment shall be conducted by
authorized representatives of the Union and the County. It is recognized between the
parties that this Agreement covers the Corrections Deputies of -the Sheriffs Office for
wages, working hours, schedules, benefits, and general working conditions only.
1.07 Civil Service Rules. Except where matters are covered by the express
provisions of this Agreement, bargaining unit employees are subject to the rules of the
Whatcom County Civil Service Commission. Any alleged violation of contractual
provisions, which may also be covered by Civil Service Rules, may be adjusted either
through the Civil Service appeals process or through the grievance procedure of this
Agreement; provided, the filing of a Civil Service appeal, either before or after the filing
of a grievance, shall constitute an election of remedies and a waiver of the employee's
right to pursue the grievance or the Union's right to request the County to arbitrate the
grievance. Nothing in this section shall be construed as a waiver of any right the Union
may have to require the County to engage in collective bargaining on any mandatory
subject of bargaining.
1.07a Promotional Exams. Matters pertaining to promotional exams are
covered by the Civil Service Rules and Regulations.
Whatcom County Corrections 12/10/13-12/31/14 page 9
53
ARTICLE 2 — DISCIPLINE/INTERNAL INVESTIGATIONS
2.01 Types of Discipline. Discipline is defined to include verbal reprimand,
written reprimand, disciplinary transfers, suspension, demotion (loss of rank) and
termination.
2.02 Discharge or Suspension. No deputy will be discharged or suspended
except for just cause.
2.02a Probationary Employees. The provisions of this article shall not
apply to newly hired employees serving a probationary period. Probationary employees
may be disciplined or discharged without any recourse under this Agreement.
2.03 Progressive Discipline. Discipline shall be progressive in nature for
similar or substantially similar violations. In some instances, based upon the nature of
the offense, discipline need not be progressive. Discipline shall not be used for
purposes of progressive discipline after the maximum period as set out in the chart
below.
Type of Discipline
Maximum Period
Verbal Reprimand (Recorded to
2 years and no
the employee's file)
reoccurrence of similar
misconduct
Written Reprimand
3 years and no reoccurrence
of similar misconduct
Suspension (5 days or under),
5 years and no reoccurrence
Disciplinary Transfer
of similar misconduct
Suspension (over 5 days) or
7 years and no
Demotion
reoccurrence of similar
misconduct
2.03a Records Removal. Pursuant to the chart above, records of
discipline removed from the employee's Sheriff's Office personnel file shall be
maintained in the Office of Professional Standards and shall not be divulged or released
except as required by law or upon authorization From the Prosecuting Attorney.
2.04 Supervisor Notes. Supervisor notes and log entries in and of themselves
are not considered discipline.
2.05 Counseling. Counseling shall not be considered discipline.
2.06 Performance Evaluations. A performance evaluation shall not be
considered discipline.
2.06a Disputes. An employee who receives a written performance
evaluation with an overall rating below "meets job requirements" may write rebuttals or
responses to their performance evaluations but may not grieve them.
Whatcom County Corrections 12/10/13 - 12/31/14 page 10
54
2.07 Investigative Procedures. Employees whose conduct may be subject to
discipline shall be afforded, at a minimum, the rights established by these procedures.
This section shall not apply to any routine, supervisory contact with an employee for the
purpose of counseling, instruction, training or delivering a performance evaluation.
2.07a Due Process. Employees shall be afforded due process of law,
which includes the right to be informed in writing (using Addendum C) of the specifically
alleged acts of misconduct and alleged policy violations within fifteen (15) calendar days
from the date that a supervisor who is at a level outside the bargaining unit was made
aware of the facts or circumstances that could lead to discipline of an employee.
Employees shall be afforded the opportunity to respond to such charges.
2.07b Constitutional Rights or Privileges. When the investigation
reveals the possibility of prosecution for a criminal offense, the employee charged with
or suspected of committing a criminal act shall be afforded the same constitutional
rights, privileges or guarantees enjoyed by any person. This section shall not deprive
the County of the right to pursue the investigation administratively under section 2.07
(Investigative Procedure).
2.07c Interview. The interview of any employee during the course of an
investigation that could lead to disciplinary action as defined in section 2.01 (Types of
Discipline) shall be conducted under the following conditions.
2.07c(1) Interview Advisement. Interviews for employees
subject to investigation shall be at a reasonable hour, preferably at a time when the
employee is on duty, or during the normal waking hours for the employee, with at least
two (2) hours notice. Upon request, the employee will be granted a twenty-four (24)
hour delay, unless the exigency of the investigation requires otherwise prior to the
commencement of any interview pursuant to section 2.07 (Investigative Procedure).
The employee shall be provided Notice using Addendum D which includes the following:
You are about to be questioned as part of an administrative investigation being
conducted by the Whatcom County Sheriff's Office. You are hereby ordered to
fully answer the questions that are put to you that relate to information you
possess and/or your conduct and/or job performance, and to cooperate with this
investigation. You are required to answer questions relating to the performance
of your official duties or fitness for duties. Your failure to answer truthfully and
cooperate with this investigation can be the subject of disciplinary action in and of
itself, including dismissal. The statements you make or evidence gained as a
result of this required cooperation may be used for administrative purposes but
will not be used or introduced into evidence in a criminal proceeding.
2.07c(2) Length of Interview. An interview session shall be for a
reasonable period, taking into consideration the gravity and complexity of the issue
being investigated.
Whatcom County Corrections 12/10/13 - 12/31/14 page 11
55
2.07c(3) Conduct. The employee being interviewed and the
interviewer shall not be subjected to verbal abuse.
2.07c(4) No Inducements Allowed. No promise of reward shall
be made as an inducement to answer any questions.
2.07c(a) Recordings. Employees shall be given reasonable
notice that he/she will be interviewed as part of a Class I or Class II Administrative
Investigation and they shall be informed whether or not the interview will be audio
recorded. Audio recordings may be transcribed should either the County or Union
request such a transcription with the cost of the transcription borne by the requesting
party. The subject or witness employee shall have the opportunity to review the
transcript, if transcription is requested or, if not transcribed, listen to the recording of
their Interview by appointment with the Sheriff or designee. The audio recording shall
be available for review by the Union or subject/witness employee for a reasonable time
after all issues of the investigation have been resolved. The recording of Administrative
Interviews shall not be a matter of "due process" and is ministerial in nature with no
penalty for an inadvertent failure of the audio recorder attributable to any party or loss of
audio recordings or recordings that didn't work, etc.
2.07c(5)i Recording Permission Not Required. The
investigator does not need to obtain permission from an employee at the time of the
interview to audio record and/or otherwise record the Class I or Class II interview but
must advise the employee that the interview is being recorded. The County and the
Union agree that the Advice of Administrative Interview attached to this Agreement
(Addendum D) shall be provided to the subject or witness employees in all
Administrative Interviews.
2.07c(5)ii Class II Investigation Interviews. Class II
investigations are generally not audio recorded but will be audio recorded at the request
of either party. In a Class II interview should one party object to the use of an audio
recording then a transcript shall be made and be the only official record. Class II
transcription expenses shall be at the expense of the requesting party.
2.07c(5)iii Recording Device. There shall be only one
audio recording device used at the interview and all audio recordings shall be the sole
responsibility of the County.
2.07c(5)iv Non -employee Witnesses. To the extent
possible, the County will record non -employee witness interviews.
2.07c(5)v Union Representation. Any employee is
entitled to Union representation in an interview at the erriployee's request.
2.07d Length of Investigation and Access to Investigatory File.
Disciplinary investigations, including the review and approval of the investigative
report(s) by the Sheriff, shall not exceed ninety (90) calendar days. The County shall
endeavor to complete the investigation prior to the expiration of ninety (90) days,
Whatcom County Corrections 12/10/ 13 — 12/31/14 page 12
56
however, the County reserves the right to extend the investigation timeline in section
2.07d(1) (Extension of Timeline).
Within the ninety (90) calendar day time frame:
1. Notification of investigation shall be made to the employee within fifteen (15)
calendar days as outlined in section 2.07a (Due Process).
2. Upon the determination by the Sheriff that the investigation is satisfactorily
complete, the employee will be notified in writing of:
a. Any intent to impose discipline and discipline contemplated;
b. If discipline is to be imposed, the date and time when a pre -disciplinary
hearing will be held;
c. The Sheriff reserves the right to modify the initial determination as to
the extent of discipline contemplated after a pre -disciplinary hearing.
2.07d(1) Extension of Timeline. The length of an investigation
may be extended where reasonably necessary by notice to and mutual agreement of
the Union. The Union may not unreasonably withhold their agreement to extend the
investigatory timeline. A request for extension must include the reason for the request
and a reasonable number of days which does not prohibit the County from a reasonable
request for additional extensions. Request for extensions shall not apply to notification
of the investigation (section 2.07a — Due Process).
2.07d(2) Suspension of Timeline. If an employee is
investigated for suspicion of committing a criminal act, -the Sheriff may suspend the
investigative timeline upon notification of the Union of the criminal investigation. The
investigatory timeline may be suspended until a determination is made by the
prosecuting authority on the underlying allegations. If the employee is subjected to
criminal prosecution, the investigative timeline may be suspended until adjudication of
the allegations is completed. When the investigation is recommenced, the timeline shall
start at the same point it was suspended.
2.07e Determination of Discipline. Any discipline to be taken as a
result of the investigation shall be announced in writing within fifteen (15) calendar days
after completion of the investigation, a copy of which will be served upon the Union.
2.07f Media Access. Without their express consent, employees under
investigation shall not be subjected to visits by the press or other news media, nor shall
the home address or photograph of the employee be given to the press or other news
media unless ordered by the Courts or required by law.
2.07g Access to Investigatory File. When an investigation is concluded
by the Sheriff, and where discipline is contemplated by the Sheriff, the employee shall
be afforded the opportunity to read the investigatory file, the conclusions reached, and
any 'recommendations made, before official action is taken by the Sheriff. The Union
shall be afforded an opportunity to review and copy the file. Upon notice to the Union,
the County may withhold from the employee information from, and the identity of,
confidential informants and other witnesses which the County does not intend to rely;
however such information shall be made available upon request of the Union for review
Whatcom County Corrections 12/10/13 - 12/31/14 page 13
57
on the same basis as if a public record request would be satisfied at the conclusion of
the investigation. If there is discipline issued, and the parties disagree as to the
exculpatory nature of the evidence, it will be presented in camera through the grievance
process to the Arbitrator.
2.08 Personnel File. Employee's personnel file(s) shall be open for review by
the employee provided that employees shall not have the right to review psychological
evaluations, polygraph results, supervisor's notes prepared for the purpose of preparing
employee's evaluations, medical records, pre -appointment interview forms or applicant
background investigation documents. Employees shall be provided a copy of any
material not excluded above that is placed in their personnel file at the time of
submission. Employees must acknowledge receipt by signing for their copy.
Employees may submit a written response, rebuttal or explanation to be included with
any submission. All material, once submitted, remains a part of the permanent
personnel file. The personnel file shall be considered the official record of an
employee's service. Employees shall be provided a copy of all material in their
personnel file, upon request and except as noted above, shall have the right to attach
statements in rebuttal or explanation.
2.09 Advance Notice of Public Disclosure Request. The County shall
provide the employee at least seventy-two (72) hours (three business days) advance
notice prior to releasing any personnel record information (including internal
investigation files) to be provided through the Sheriff's Office in response to a Public
Disclosure request, discovery request, or subpoena duces tecum unless specifically
mandated by law.
ARTICLE 3 - WORK SCHEDULE
3.01 Shifts. Standardized shifts shall be established by the Sheriff on an
eight- or twelve-hour basis. For eight -hour shifts, all time worked over the eight (8)
hours in any one (1) shift or over forty (40) hours in any one (1) work week shall be paid
for at the rate of time and one-half -the regular rate of pay. For twelve-hour shifts,
overtime shall be as herein provided below.
3.01a Alternative Shift Schedules. Shift schedules may be modified by
mutual agreement between the County and the Union. Other workweeks, including four
(4),10-hour days, in rotation may be utilized. In those instances, all time worked over
the scheduled shift in any one (1) shift or over forty (40) hours in any one (1) work week
shall be paid for at the rate of time and one-half the regular rate of pay, except for 12-
hour shifts. Provided, however; -the County may propose alternative schedules during
-the term of this agreement. The Sheriff's Office may make an emergency change to an
established shift upon notice to the Union. In the event the Sheriff determines it is not
practical to safely or efficiently provide services on an alternative shift schedule, the
Sheriff may elect to revert to a 5-day/8-hour schedule as circumstances require.
3.01 b Work Week. The work week for Fair Labor Standards Act
purposes is established as beginning 12:00 a.m. Sunday through 11:59 p.m. the
following Saturday.
Whatcom County Corrections 12/10/13 - 12/31/14 page 14
M.
3.01c Swing Shift Premium. Swing shift premium was eliminated as a
separate compensation item in 2007 and was added to the base wage where it shall be
increased automatically as future wage increases occur. The Parties agree for
comparability purposes, this collective bargaining agreement provides such premium.to
employees as an element of wages.
3.01d 12-Hour Shift. Deputies employed on a 12-hour shift schedule
shall have work hours counted according to the 7(k) exemption under the Fair Labor
Standards Act for the purpose of determining when overtime compensation is due. An
employee must have in excess of 171 straight -time worked hours in a twenty-eight (28)
day work cycle in order to receive overtime pay unless overtime is otherwise specifically
required by section 3.04e (Mandatory Overtime). All overtime requires appropriate
authorization.
3.01e Work Breaks. Deputies are employed in activities that may
preclude the observance of routine meal and/or break periods. It is agreed that
statutory meal and break requirements shall be satisfied by deputy observance of meal
and breaks as their assignments permit or as assigned during any fully cornpensated
work period. Employees will be allowed one meal break of thirty minutes and break
periods of no more than fifteen minutes with two break periods during an 8-hour shift
and three break periods during a 12-hour shift.
3.02 Staffing Imperatives. The Parties recognize there are staffing
requirements necessitated by staffing imperatives (ie: the nature of Jail operations)
which must be addressed efficiently and where individual skills, abilities and/or
qualifications of employees must supersede employee choice of assignment by
seniority. Where an assignment necessitates a bona -fide occupational skill, ability or
qualification, it is agreed the process shall be that within the group of employees with
the required skills, abilities or qualifications, senior employees will be offered the
assignment and junior employees required to assume the assignment when there are
insufficient senior employees accepting such assignments.
3.02a Shift Bidding. Consistent with section 3.02 (Staffing Imperatives),
the following procedure shall apply:
1. Rules. Rules regarding the bidding process will be established by mutual
agreement between the County and the Union.
2. Bid Timing/Facility Choice. By July 10 of each year a shift bid schedule for
adult correctional facilities shall be posted (including electronic bulletin
boards and/or email). Deputies shall have the right to bid facility and shift by
seniority for the following calendar year. Deputies shall make every effort to
place their bid in twenty-four (24) hours, but in no case more than forty-eight
(48) hours.
3. Shift Bid. The making of a shift bid is defined as the bidding deputy placing
his/her name on the shift bid sheet provided. Once the deputy's name is on
the bid sheet, he/she cannot change the bid, provided no one shall be
skipped unless they have been personally notified by the shift or
administrative sergeant it is their turn to bid.
Whatcom County Corrections 12/10/13 - 12/31/14 page 15
59
o Absent During Bidding. Deputies who know, or reasonably
should know, that they will be absent when it is their turn to bid
shall make a reasonable effort to be available. Upon timely
request, an updated bid shall be emailed to the requesting deputy.
If unavailable, a deputy may leave their bid preferences in writing
with the appropriate sergeant.
o Skipped Deputies. If any deputy is skipped, the bid will continue
to subsequent deputies until the skipped deputy notifies the shift or
administrative sergeant of his/her bid; which shall be limited to then
available shifts, without bumping.
4. Bid Limits. A shift bid period shall be defined as being of three (3) months
duration. Corrections deputies shall not bid the same shift more than two (2)
times consecutively.
5. Vacation Bid. The first vacation bid shall be at the same time as shift
bidding pursuant to section 5.03 (Vacation Bidding).
6. Revised Schedule. In the event subsequent bids become necessary
because of a change to the schedule by the Sheriff's Office, the Sheriff's
Office shall afford not less than thirty (30) days for deputies to bid on a
revised schedule.
7. Temporary Assignment. The parties agree that deputies may be
temporarily assigned to another shift to maintain appropriate staffing,
facilitate training or for monitoring of performance.
8. Sergeants. Corrections Sergeants shall rotate shifts among themselves.
3.02b Vacant Bid. Any newly created or vacant bid shall be posted for
seven (7) calendar days for bid by seniority among the deputies within that shift. If no
one within the shift bids the newly created or vacant bid, it will then be offered to
deputies holding a floater assignment. Once the new or vacant bid has been filled, any
resulting bid vacancy may be filled by decision of the Chief of Corrections or non -
bargaining unit designee.
3.02c Probationary Deputies. Probationers may be assigned shifts of at
least a week's duration by the administration and may not bid for shifts until the
completion of their probation period. The County will make a good -faith effort to give
probationary deputies thirty (30) days notice of work schedule after completion of their
FTO period, but the probationary employee may be assigned to a different work
schedule as business needs dictate. Normally, probationary deputies will not be
assigned Friday -Saturday or Saturday -Sunday as their days off, except when replacing
an absent deputy.
3.02d Shift Exchanges. Shift exchanges are voluntary on the affected
deputies part. Deputies wishing to exchange a shift must complete the appropriate form
and obtain appropriate authorization. Failure to show up for a shift exchange will result
in revocation of the privilege to exchange shifts for up to one year and the time is
required to be made up as staffing dictates. Shift trades cannot cause an adverse
impact with unreasonably extended work hours. It is understood by both parties that
per the FLSA, no overtime liability will be incurred by the County when deputies
voluntarily exchange shifts. Probationary deputies are not allowed to exchange shifts
Whatcom County Corrections 12/10/13 - 12/31/14 page 16
except with prior approval of his/her supervisor. Such shift exchanges shall not result in
a deputy working the same shift for more than two (2) consecutive three (3) month
periods.
3.02e Shift Change — Overtime compensation shall not be paid when two
shifts are worked in one twenty-four (24)-hour period due to a shift change.
3.03 Overtime Definitions. Overtime and various categories/expectations of
overtime are defined as follows:
• Overtime — shall be paid at the rate of time and one-half of a deputy's
regular straight -time hourly rate of pay in fifteen minute increments
determined, on 7 Y2 minutes worked.
• Hold -over — is authorized overtime as an extension (holdover) of a shift for
the completion of an assignment, meeting coverage or related tasks that
could not be completed during the normal course of work or due to a delay
in relief. Except in case of emergency, 12-hour shift deputies will not be
held over more than four (4) hours.
■ Order in — is a type of mandatory overtime, including off -duty court
appearances when a deputy is required to work when he/she would
regularly be scheduled off -duty and does not include holdover.
■ Voluntary Overtime — is overtime worked by mutual agreement or as
provided in section 3.04a (Overtime Selection List).
■ Overtime Authorization — All overtime must be authorized in advance
consistent with Sheriff's Office and/or County policy.
3.03a Minimum Overtime Between Shifts. Deputies shall be
guaranteed two (2) hours pay at the overtime rate when called back or ordered in
between shifts.
3.03b Hold -Over Overtime. Hold -over is generally completed in two (2)
hours or less. If work extends beyond two (2) hours, the deputy will be paid the actual
hours on duty at the overtime rate and the time will be considered an Order in for the
purposes of "Order -In" rotation tracking.
3.03c Minimum Overtime on Regular Days Off. Deputies shall be
guaranteed four (4) hours pay at the overtime rate when ordered in or working voluntary
overtime. If work extends beyond four (4) hours, the deputy will be paid the actual
hours on duty at the overtime rate . Regular days off are defined as the time between
the last on -duty hour following completion of an deputy's shift schedule until the first
on -duty hour starting the deputy's next shift schedule.
3.03d Minimum Overtime During Vacation. Deputies shall be
guaranteed eight (8) hours at the overtime rate of plus their normal salary (20 hours of
straight time) if ordered in during scheduled vacation time. The deputy shall not be
charged for the vacation day. Vacation is defined as the time between the end of the
last on -duty hour of the shift scheduled prior to commencement of the vacation and the
first on -duty hour starting the deputy's next scheduled shift following the vacation. Days
off in conjunction with vacation, at the beginning or end of the vacation shall be treated
Whatcom County Corrections 12/10/13 - 12/31/14 page 17
61
as vacation days and paid as such under this subsection. While on vacation, a deputy
shall have the right to bid on overtime, providing the deputy accepts the normal
overtime rate without replacement of the vacation day.
3.03d(1) Vacation Overtime Authorization. In order to be paid
for an order in during vacation, at the rate outlined in section 3.03d (Minimum Overtime
During Vacation) above, including subpoena responses or nonrefundable loss, the call
back must have been authorized in advance by the Sheriff, Undersheriff, Chief of
Corrections, Jail Lieutenant or Duty Staff Officer.
3.03d(2) Nonrefundable Loss. In the event a deputy's vacation
or regularly scheduled time off is canceled or modified because he/she is required to
return to work after having notified the supervisor that he/she will suffer a nonrefundable
out-of-pocket loss, and as a consequence the deputy suffers such a loss, the deputy
shall be made whole for any such documented loss.
3.04 Equal Opportunity for Overtime. Overtime opportunities will be afforded
as equally as possible within two major groups, Corrections Deputies and Corrections
Sergeants. All overtime will be assigned through the Department and deputies will be
paid the overtime rate as defined in this Agreement.
3.04a Overtime Selection List. Each group shall have a separate
selection list. Corrections Sergeants or Deputies shall not replace each other unless the
respective list has been exhausted. Currently qualified Acting Sergeants will be given
priority over other Deputies for Sergeant overtime. In case of emergency nothing in this
Agreement shall limit any right of the Sheriff or designee to assign overtime directly to or
call out deputies, not withstanding their position on the list, or when assigned overtime
or call out requires deputies to possess the required bona fide occupational skill, ability
or qualification.
3.04b Overtime Posting. The Sheriff's Office will maintain a system of
recording overtime worked by all members of the bargaining unit with a current posting
on a bulletin board accessible to the deputies. The Sheriff's Office may comply with this
section with a computer -based posting, accessible to deputies.
3.04c Voluntary Overtime Bidding. The Sheriff's Office will post
voluntary overtime opportunities. Deputies will bid voluntary overtime at least 48 hours
before the beginning of the shift,, based on fewest overtime hours worked, then
seniority; provided deputies who bid overtime must work bid overtime. The Sheriff's
Office shall post a monthly list showing each deputy's respective number of overtime
hours.
3.04c(1) Voluntary Overtime — 12-hour Shifts. The entirety of
section 3.03 (Overtime Definitions) shall not apply to deputies on.12-hour shifts except
they shall be paid overtime whenever such hours exceed 171 straight -time worked
hours as provided in section 3.01d (12-Hour Shift).
Whatcom County Corrections 12/10/13 - 12/31/14 page 18
62
3.04d Voluntary Non -bid Overtime. The Sheriff's Office will call
deputies for non -bid overtime based on their seniority, provided, the list of deputies will
be rotated (where last callout stopped, the next person in seniority starts the next call
out) so as to give each deputy an equal opportunity for overtime work.
3.04e Mandatory Overtime. Mandatory overtime shall be paid at the
overtime rate including deputies on 12-hour shifts, irrespective of section 3.01d (12-
Hour Shift). Main Jail Corrections Deputies, Work Center Corrections Deputies, and
Sergeants will have separate order -in logs. When possible, mandatory overtime shifts
will be assigned 48 hours in advance of the shift. Generally, mandatory overtime will be
site specific; provided nothing in this section precludes employees from one facility
being ordered in to work at another facility if minimum staffing cannot be maintained
without such action, or in the case of an emergency. Sergeants, or their designee in
emergency situations, will call deputies for mandatory overtime based on criteria listed
below provided the call out resumes where the last call out stopped.
3.04e(1) Multiple Shifts. When multiple shifts must be filled, the
first deputy on the order -in log, using the criteria below, will be given the choice of the
available order -in shifts; then the next deputy on the order -in log will be given the choice
of the remaining shifts, and so on, until all available shifts are filled.
3.04e(2) Order In Criteria. The following criteria will be used
when ordering deputies in to work:
■ date last ordered to work mandatory overtime with oldest date called first
■ special circumstances/deputy qualification (such as driving requirements, shift
exchanges and general safety issues)
■ deputies will only be ordered in on their weekend as a last priority or in an
emergency
■ the order in will generally be no longer than 4 hours
3.04f Extended Overtime. Deputies required to work on overtime
(includes special duty) for an extended period shall be entitled to a minimum of eight (8)
hours time off before returning to duty.
3.05 Extended Shifts. Deputies who are required to work extended shifts of
more than sixteen (16) consecutive hours, shall be paid for a designated "period of
sleep" if in the facility, on duty and available for immediate response.
3.06 Compensatory Time. Employees earning overtime may elect to accrue
such time to a compensatory time bank in lieu of overtime pay. The compensatory time
bank shall be capped at eighty (80) regular -time hours. The Sheriff shall pre -approve
the days on which compensatory time will be taken, upon consideration of staffing
needs. Compensatory time requests shall be submitted at least seven (7) calendar
days before the date requested for use. Any denial shall be returned to the employee
with an explanation for the denial within five (5) calendar days of receipt.
Compensatory time not scheduled is subject to being cashed out upon request of the
employee and agreement of the Sheriff. The employee may make such a request once
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63
each year. Employees shall be paid their accrued compensatory time upon separation
from County employment.
ARTICLE 4 — HOLIDAYS
4.01 Eligibility Criteria. Deputies shall be entitled to accrue time in lieu of
holidays only when the holiday is in a month for which the deputy receives
compensation. Compensation is defined as payment of wages for work performed,
vacation or accrued sick leave, or income for industrial injury not to exceed twelve
months; provided that said work, vacation and/or paid leave must equal or exceed
payment for eighty (80) hours in a calendar month. Deputies working less than an
assigned eight -hour schedule shall receive holiday pay based on their budgeted full-
time equivalency.
4.01a Eligibility if on Payroll on 6/15/94. Deputies on the payroll on
June 15, 1994, will remain subject to the eligibility requirement of 50 compensated
hours.
4.02 Accrual and Bidding of Holidays. All Corrections Deputies and
Corrections Sergeants shall receive in lieu of holidays, 7.34 hours per eligible month up
to 88 hours (11 days @ 8 hours). These days shall be scheduled as vacation
consistent with section 5.03 (Vacation Bidding) except as noted below. Holiday hours
accrued in the current year are available to be scheduled in the current year.
4.02a Specialized Units. Alternative Corrections, and the Jail Transport
Units shall bid as vacation three holidays (Thanksgiving, Day before Christmas and
Christmas Day on the day the County observes these holidays) and Classification shall
bid these three holidays as vacation on the actual holiday if it is a normally scheduled
workday consistent with section 5.03 (Vacation Bidding).
4.02b 12-Hour Shift. In the event the Sheriff's Office needs to make staff
reductions in the Jail or Work Center and gives notice prior to shift bidding in section
3.02a (Shift Bidding) that holidays shall be paid for, in lieu of accruing time, then the
following January all deputies assigned to work a 12-hour shift on a continuing basis
shall receive, 7.34 hours payment each month in lieu of holiday accruals per eligibility
criteria in section 4.01 (Eligibility Criteria).
4.03 Pay on Designated Holidays. Deputies who work on President's Day,
Veteran's Day, Thanksgiving, the day after Thanksgiving, the day before Christmas or
Christmas Day (based on the actual holiday, not the County -observed holiday) will be
paid at the overtime rate for all hours worked each of those days between 12:00 a.m.
and 11-59 p.m., regardless of hours worked per section 3.01 c (Swing Shift Premium).
There shall be no compounding or pyramiding of premiums and overtime rates.
Whatcom County Corrections 12/10/13—12/31/14 page 20
•A
4.04 Personal Holiday. Each deputy shall receive one (1) personal holiday
(eight hours) each calendar year. The personal holiday must be taken during the year
and cannot be cashed out upon separation. No deputy shall be eligible to receive the
personal holiday until after completion of three (3) months of employment.
4.04a Personal Holiday Scheduling. Stipulations to the above policy
are as follows:
■ Staffing Requirements. A personal holiday request may not create a
conflict with facility staffing requirements nor result in known overtime.
■ Request Timing. Deputies must request use of a personal holiday at
least two (2) weeks in advance of the requested day off.
■ Response Timing. The Sheriff's Office shall provide a response no later
than seven (7) calendar days from the date of request and such request
will not be unreasonably denied.
ARTICLE 5 - VACATION
5.01 Vacation Accrual.
5.01a Vacation Accrual Rate. Eligible deputies shall accrue vacation on
a calendar month basis. The amount of vacation earned for each calendar month shall
be determined by the number of years of continuous service completed by the deputy
immediately prior to the commencement of the calendar month in accordance with the
following chart:
During the following
years of service `"
Hours of vacation
per month
Hours of Holiday
per month
Total Monthly
Accrual ..
0-1
6.67
7.34
14.01
2
7.34
7.34
14.68
3
8.00
7.34
15.34
4
10.00
7.34
17.34
5,6,7
11.34
7.34
18.68
8,9
12.00
7.34
19.34
10
13.34
7.34
20.68
11
14.00
7.34
21.34
12
14.67
7.34
22.01
13
15.34
7.34
22.68
14
16.00
7.34
23.34
15
16.67
7.34
24.01
5.01 b Scheduling. Vacation hours accrued in one year must be
scheduled in accordance with sections 5.03 (Vacation Bidding) and 5.04 (Vacating
Bidding Limits) and used before December 31 of the following year.
5.01c Eligibility Criteria. To be eligible to accrue vacation as provided
herein, deputies must receive compensation each month. The term compensation as
used herein is defined to be payment of wages for work performed, vacation, accrued
sick leave, or other paid leave; provided that said work, vacation and/or paid leave must
Whatcom County Corrections 12/10/13 - 12/31/14 page 21
65
equal or exceed payment for eighty (80) hours in a calendar month. Income resulting
from an industrial injury to a maximum of twelve (12) months from the date of the injury
shall also be credited as compensation.
5.01c(1) Eligibility if on Payroll on 6/15/94. Deputies on the
payroll on June 15, 1994, will remain subject to the eligibility requirement of 50
compensated hours.
5.01d Monthly Vacation Accrual Anniversary Date. For deputies hired
on or after June 15, 1994, -the deputy's anniversary date will be used for vacation
accrual purposes.
5.01d(1) Hired Prior to June 15, 1994. The monthly vacation
accrual for deputies hired prior to June 15, 1994, will be based on the years of service
they would have been given credit for on January 1, 1994, had the annual vacation
accrual schedule remained in effect. January 1 will be the anniversary date for future
vacation accrual for deputies hired prior to June 15, 1994.
5.02 Termination Cashout. When a deputy leaves employment with the
County for any reason, such deputy will be paid for any unused vacation accrued to the
date of termination at the appropriate schedule (see section 5.01 a — Vacation Accrual
Rate) for the years of service completed. Deputies who terminate or are terminated
from County employment within six (6) months of their employment date shall not
receive pro -rated vacation pay.
5.03 Vacation Bidding. During the month of July of each year, in conjunction
with shift bidding (section 3.02a — Shift Bidding), a vacation chart shall be posted by the
Sheriff's Office for the following year. Deputies assigned to the Main Jail, Transport and
Classification, Alternative Corrections, and the Work Center facility will bid on a
separate vacation chart. The vacation charts must be completed by December 15cn
5.03a Bidding Limits.
• Main Jail —
o No more than four (4) Corrections Deputies may bid for the
same vacation period.
o No more than two (2) Sergeants, who must have different
days off, may bid for the same vacation period.
• Work Center — No more than two Corrections Deputies may
bid for the same vacation period.
• Special Assignments (Transport, Classification and
Alternative Corrections) — No more than one deputy may bid
for the same vacation period per special assignment area.
5.03b First Selection. Deputies shall bid for vacation periods per section
5.04 (Vacation Bidding Limits) as follows: Each individual, in seniority order, shall
select their first two weeks of vacation time in a minimum of one -week and a maximum
of two -week blocks, which need not be scheduled consecutively. Deputies shall make
every effort to place their bid in twenty-four (24) hours, but in no case more than forty-
Whatcom County Corrections 12/10/13 - 12/31/14 page 22
••
eight (48) hours to make their bid, provided no one shall be skipped unless they have
been personally notified by the shift or administrative sergeant it is their turn to bid. If
any deputy is skipped, the bid will continue to subsequent deputies until the skipped
deputy notifies the shift or administrative sergeants of his/her bid which shall be limited
to then available shifts without bumping. Deputies who know, or reasonably should
know that they will be absent when it is their turn to bid, shall make a reasonable effort
to be available. Upon timely request, an updated bid shall be emailed to the requesting
deputy. Deputies who know, or reasonably should know they will be absent when it is
their turn to bid shall make a reasonable effort to be available. If unavailable, a deputy
may leave their bid preference in writing with the appropriate sergeant.
5.03c Second and Subsequent Selections. Following the first vacation
selection a similar bid selection shall be held for individuals entitled to more than two
weeks and a third and fourth bid, if necessary, for those entitled to more than four
weeks shall be held. It is understood that the subsequent bids shall not displace
selections made during prior bidding periods.
5.03d Definition. The making of a vacation bid is defined as the bidding
deputy placing his/her name on the vacation bid sheet provided. Once the deputy's
name is on the bid sheet he/she cannot change the bid.
5.03e Probationary Deputies. Probationary deputies hired after the
annual vacation bid process shall submit written leave requests for open vacation slots
using accrued leave or holidays.
5.03f Vacation Bid Weeks Trading. When vacation bidding is
completed, deputies may trade bid weeks with the approval of the Sheriff's Office. Such
trades shall not be unreasonably denied by the Sheriff's Office. Written requests must
be submitted 30 days prior to the vacation commencing.
5.04 Vacation Bidding Limits. Total hours which may be bid include the
anticipated current year's accrued vacation under section 5.01 a (Vacation Accrual
Rate), and anticipated vacation which will be carried over (including any anticipated
unused current year's accrued holiday hours per section 4.02 - Accrual and Bidding of
Holidays), and vacation bonus pursuant to section 7.03 (Bonus Days). No deputy can
take vacation unless the hours have been accrued and are available. Vacation is
accrued in the current year and available the following year.
5.05 Deputies Working Less Than 1.0 FTE. Deputies working less than an
eight -hour schedule shall accrue vacation benefits based on their currently assigned,
but no more than their budgeted full-time equivalency.
5.06 Vacation Carryover. Deputies shall be allowed to carry over up to two
hundred and forty (240) hours of vacation from the last pay period of any calendar year
to the next, which is non -cumulative.
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5.07 Floaters. Up to 40 hours of vacation may be excluded from bidding to be
"floated," with the requirement that any floater must be scheduled on approval of his/her
Lieutenant with no additional overtime costs incurred. The parties recognize there may
be periods identified on shift schedules where special staffing needs will require that
floating days off and days available for changes to a bid vacation may be limited or
excluded.
ARTICLE 6 - HEALTH & WELFARE
6.01 Eligibility Criteria. The County agrees to make contributions into Plans,
as outlined in the following Sections of this Article, on behalf of deputies covered by this
Agreement who are regularly scheduled to work and are compensated at least
eighty (80) hours per month, with contributions to begin on the first of the month
following one (1) month of eighty (80) compensated hours of employment in one
calendar month. The term compensation as used herein is defined to be payment of
wages for work performed, vacation, accrued sick leave, other paid. leave or income
resulting from industrial injury not to exceed twelve (12) months from the date of injury;
provided that said work, vacation, paid leave and/or industrial injury must equal or
exceed payment for eighty (80) hours in a calendar month. Compensation earned in
one (1) month provides benefit coverage in a future month.
6.01a Eligibility if on Payroll on 6/15/94. Deputies on the payroll on
June 15, 1994, will remain subject to the eligibility requirement of 50 compensated
hours.
6.01 b Change or Modification of Plans. The County and the Union
agree that carriers may be changed, or benefits modified upon mutual agreement. The
Whatcom County Self -Insured Medical Plan may be changed to a successor plan.
6.02 Health & Welfare: The County agrees to make monthly contributions for
deputies, their spouses and dependents towards the following plans:
6.02a Medical. Whatcom County Self -Insured Cap Plan, or a successor
plan.
6.02b Dental. Washington Teamsters Welfare Trust Dental Plan "B", or
any successor plan.
6.02c Vision Care. Washington Teamsters Welfare Trust (extended
benefit plan) or any successor plan.
6.03 Life Insurance. The County shall provide life insurance benefits for
deputies equivalent to one year's base salary to a maximum of $50,000, through a
carrier to be selected by the County.
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6.04 Medical Premiums.
6.04a County Contribution.
6.04a(1) Medical. Effective with 2012 coverage, the County shall
pay a contribution cap amount of $1,039.50 to fund a medical plan. Effective with 2014
coverage, the County shall pay a contribution cap amount of up to $1,089.50 to fund a
medical plan. A successor Cap plan maybe required to have benefit modifications in
order that coverage can be provided within the County's contribution.
6.04a(2) Dental, Vision and Life Insurance. The County agrees
to pay the appropriate monthly premium amounts and such increases as required to
maintain the dental, vision and life benefits listed in sections 6.02b (Dental) and 6.02c
(Vision Care).
6.04b Employee Medical Contribution. If the Contributory Cap Plan
(sections 6.10b - Contributory Cap Plan and 6.10b(1) — 2014 Coverage) requires an
employee premium contribution, such contribution shall be by pre-tax payroll deduction
utilizing the Flex 125 program.
6.05 Trust Terms. The County agrees to be bound by the terms of the Trustees
of the Trust Funds.
6.06 Flex 125 Plan. All bargaining unit deputies are eligible to enroll in the
County's Flexible Spending Account Plan ("Flex 125 Plan").
6.07 Medical Coverage Dispute. The County and the Union agree that any
dispute over a denial of coverage under the Whatcom County Self -Insured Medical Plan
may be appealed per plan documents.
6.08 Medical Schedule of Benefits. The schedule of benefits for the Cap
Plans may require modification during the life of the agreement in order that coverage
can be provided within the County's contribution Cap amount established in section
6.04a(1) (Medical). The parties agree that at any time the County may revise benefits
to: meet section 6.04a(1) (Medical) limitations by following section 6.09 (Medical
Advisory Committee); update the summary plan description and schedule of benefits in
order to be legally compliant with applicable law; avoid unintended benefit reductions or
enhancements consistent with industry standards (for example, limits on experimental
procedures); address administrator limitations; and make changes in plan administrator
or administration. The parties agree the County may, but is not required to, enhance
the Cap plans.
6.09 Medical Advisory Committee. In the event the Cap Plan schedule of
benefits is to be modified, the County shall convene the Medical Advisory Committee.
The Union shall be given advance notice of such meeting and shall be afforded an
opportunity to designate one of its members to attend and participate in the meeting.
6.10 Medical Plan Options. The following medical plan options are available in
2013 and 2014 only.
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6.10a Qualified High Deductible Health Plan (QHDHP). Employees
participating in the default Cap Plan which will be recognized as a Qualified High
Deductible Health Plan (QHDHP) may be enrolled in a Health Savings Account (HSA) if
otherwise qualified to have such an account. The County will contribute one-time seed
money in 2013 to a voluntary HSA, a total of $1,250 per employee if signing up as an
employee only OR $2,500 for employee plus dependents so long as the deputy has
enrolled and is otherwise qualified to have an HSA account. Fifty percent (50%) will be
contributed in January with the remainder contributed in equal monthly installments
throughout the remaining months in 2013.
6.10a(1) 2014 Participation. Employees can elect to participate in
the Cap—QHDHP in 2014.
6.10a(1)i New Enrollment in 2014. Employees who did not
participate in the Cap-QHDHP in 2013 can elect to participate in the Cap—QHDHP
offered in 2014 and will receive the same one-time seed money as outlined above. This
one-time seed money is inclusive of any remaining difference between the County's
monthly contribution commitment of up to $1,089.50 and the monthly Benefit
Consultant's projected contribution cost of the Cap Medical Plan (QHDHP) for 2014.
6.10a(1)ii Re -enrollment in 2014. For 2014, if the
projected monthly contribution cost is less than the County's contribution of "up to
$1,089.50," the County will contribute the difference monthly to qualified employees'
HSAs.
6.10a(2) New Hires. Employees hired between January 1, 2013
and December 31, 2014 and participating in the default Cap Plan (QHDHP), may
receive a County contribution of one-time seed money in 2013 OR 2014 to a voluntary
HSA, a total of up to $1,000 for an employee signing up as an employee only OR up to
$2,000 for an employee plus dependents. Fifty percent (50%) will be contributed the
first paycheck they are eligible for medical benefits so long as the deputy has enrolled
and is otherwise qualified to have an HSA account with either $45.45 (employee only)
OR $90.91 (employee plus dependents) contributed by -the County throughout the
remaining months in 2013 OR 2014.
6.10a (3) Employee HSA Contributions. Employees participating
in the Health Savings Account are also eligible to contribute to their Whatcom County
Health Savings Account (HSA) through payroll deduction.
6.10b Contributory Cap Plan. For 2013, employees may elect a lower
deductible plan of $500 per individual with a maximum deductible of up to $1,500 for
families through the payment of a monthly premium. The monthly premium will be in
the amount of $100.44 for 2013 coverage via payroll deduction.
6.10b(1) 2014 Coverage. The County anticipates the continuation of a
Contributory Plan. The Contributory Plan shall have benefits revised as needed
pursuant to section 6.08 (Medical Schedule of Benefits) to adjust the schedule of
benefits based on the Benefit Consultant's Renewal and Recommendation Projection
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for 2014 with the County contribution of $1,089.50 and employee contribution of up to
$100.44 per month.
6.10c Cap 2000 Plan — Non -Qualified High Deductible 2013. For 2013
only, employees may elect a non -qualified high deductible plan with $2,000 deductible
for employee only and a maximum deductible of up to $6,000 for employee plus
dependents.
6.10c(1) Non -Qualified High Deductible 2014. The County
anticipates the continuation of an employee Non -Qualified High Deductible option as
would be constituted/revised following the application of section 6.08 (Medical Schedule
of Benefits) with no payroll deductions.
6.11 Retirement Health Savings Plan. The County agrees to make available
to bargaining unit members a Retirement Health Savings Plan in accordance with and if
allowable by IRS regulations.
ARTICLE 7 - SICK LEAVE
7.01 Sick Leave Usage. Sick leave shall include time off for the bona . fide
illness, accident or injury, dentist and doctor appointments of the deputy. Use of sick
leave for other than the purposes outlined in this Article may result in disciplinary action.
7.01a Utilization. A deputy may use sick leave to care for the child of the
deputy with a health condition that requires treatment or supervision or for the care of a
spouse, domestic partner, registered spousal equivalent (40 hour maximum), parent,
parent -in-law or grandparent of the deputy who has a serious health condition or during
a health emergency. Family members are as defined by WAC 296-130-020. Deputies
must register their domestic partner with a State agency or their spousal equivalent with
Administrative Services — Human Resources on the appropriate form, before being able
to utilize accrued sick leave. Provided, that the employer has -the right to require a
doctor's certification that the illness of the family mernber, domestic partner or registered
spousal equivalent is sufficiently serious to require the deputy to be in attendance.
7.02 Eligibility Criteria and Accrual Rate. Cumulative sick leave shall accrue
to each deputy covered by this Agreement who has completed one(1) month of
employment of eighty (80) compensated hours for a calendar month, in the amount of
one (1) day, not to exceed eight (8) hours, for each month of employment to a maximum
of nine hundred and sixty (960) hours. Deputies working less than an assigned
eight -hour schedule shall accrue sick leave benefits based on their currently assigned,
budgeted full-time equivalency. To be eligible to accrue sick leave as provided herein,
deputies must receive compensation each month. The term compensation as used
herein is defined to be payment of wages for work performed, vacation, accrued sick
leave, or other paid leave; provided that said work, vacation and/or paid leave must
equal or exceed payment for eighty (80) hours in a calendar month. Income resulting
from an industrial injury to a maximum of twelve (12) months from -the date of the injury
shall also be credited as compensation.
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7.02a Eligibility if on Payroll on 6/15194. Deputies on the payroll on
June 15, 1994, will remain subject to the eligibility requirement of 50 compensated
hours.
7.02b Order of Accrual Usage. In general, eight hours of sick leave is
accrued each month even if a deputy has accrued the maximum sick leave permitted
under a union contract.
7.03 Bonus Days. A deputy having accrued seventy-five (75) days (600
hours) of sick leave on December 31 of any year shall receive an additional five (5)
days (40 hours) of vacation to be used in the following calendar year.
7.04 Termination Cashout. Any deputy with three (3) or more years of
employment with the County shall be entitled to cash upon termination in the amount of
twenty-five percent (25%) of their sick leave bank at the time of termination.
A deputy Hired before September 1, 1988 shall be entitled to cash upon
termination in the amount of fifty percent (50%) of their sick leave bank at the time of
termination.
7.04a Notification and Application. Deputies must give at least
thirty (30) days notice prior to termination. Termination cashout of sick leave shall not
apply to any deputy terminated for cause.
7.05 Proof of Illness. Upon request of the County, the deputy will provide
proof of illness.
7.06 Layoff. Sick leave shall continue to accrue during periods of approved
paid leaves of absence only, and during periods of illness. If a deputy is on layoff, sick
leave shall not accrue during such layoff; however, upon return to work, the sick leave
accrual remaining after cashout at the time of layoff, shall be made available to the
deputy and additional days shall accrue from the first month the deputy returns to work.
7.07 Accrual Deduction. A deputy's sick leave bank shall be reduced by the
number of hours absent from work for the reasons set forth in sections 7.01 (Sick Leave
Usage), 7.01a (Utilization), and 7.08 (Maternity or Disability Leave).
7.08 Maternity or Disability Leave. Sick leave shall include time off for
maternity or disability leave. In the event sick leave is exhausted before the deputy
returns to work, any vacation or other paid leave which has accrued must be utilized
before approval of any leave without pay is considered by the County except for leaves
falling under the federal Family and Medical Leave Act.
7.09 Notification to Supervisor. It is the deputy's responsibility to notify
his/her supervisor of their inability to work because of illness or injury prior to the
beginning of the shift. In the event no sick leave notification is made within one (1) hour
after the beginning of the shift, the supervisor shall consider and handle the deputy's
absence as an absence without pay, unless the deputy later satisfactorily substantiates,
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before payroll deadline, that it was impossible to make or cause such notification. In the
case of an illness which will result in a protracted absence, a letter from the doctor
giving .an anticipated return date will waive the daily notification requirement.
7.10 Sick Leave Sharing. The County agrees to allow a yearly donation of
twenty-four (24) hours under the County's Sick Leave Sharing Program.
7.11 On -Duty Assault. In the case of a documented on -duty assault, a deputy
with a Workers' Compensation injury shall suffer no loss in wages or reduction in his/her
sick leave bank for the First three days (one day = normally scheduled shift for days off)
following the assault.
ARTICLE 8 - FAMILY CARE
The County agrees to provide unpaid leave to any eligible deputy covered by this
Agreement, consistent with the Washington State Family Leave Laws and the Federal
Family and Medical Leave Act. Deputies are not required to use accrued vacation time,
personal holiday, compensatory time or sick leave before commencing unpaid family
leave, except an employee who has previously used twelve (12) weeks of unpaid FMLA
will use all allowed accrued vacation, sick, and personal holiday time before beginning
unpaid leave.
ARTICLE 9 - JURY DUTY
When a regular deputy covered by this Agreement is called upon for jury service
in any municipal, county, state or federal court, the deputy shall advise the department
head upon receipt of such call and if taken from work for such service, shall be
reimbursed as provided herein for any loss in wages while performing such service;
PROVIDED, that there shall be deducted from the wages of such deputy an amount
equal to the amount such deputy received for jury duty.
ARTICLE 10 - BEREAVEMENT LEAVE
If a deputy suffers a death in the immediate family, the deputy shall be allowed
not more than five (5) days (not to exceed forty (40) hours) off without loss in pay for
bereavement in the death of spouse, domestic partner, registered spousal equivalent,
children, and parents, including step-parents and step -children of the deputy and
spouse and three (3) days off for other immediate family members. (Defined to be
brothers, sisters, grandchildren or grandparents of either the deputy or the deputy's
spouse.) Deputies must register their domestic partner with the State of Washington or
spousal equivalent with Administrative Services — Human Resources on the appropriate
form before being able to utilize bereavement leave. For the purposes of bereavement
leave only, a "day" is defined as the number of hours a deputy is assigned to work for
the requested days off.
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ARTICLE 11 - INITIATION FEE AND DUES CHECKOFF
11.01 Authorization of Deductions. For individuals who certify in writing that
they authorize such deductions, Union initiation fees and monthly dues shall be
deducted from the deputy's payroll and remitted to the Secretary -Treasurer of the
General Teamsters' Local Union No. 231. Accompanying said monies shall be a list of
deputies, their social security numbers, and amounts to be credited to their account.
11.02 Payroll Deduction. The Union and each deputy authorizing the
assignment of wages for the payment of Union dues hereby undertake to indemnify and
hold the County harmless from all claims, demands, suits, or other forms of liability that
may arise against the County for or on account of any deduction made from the wages
of such deputy.
ARTICLE 12 — WORK ASSIGNMENTS AND NON -WAGE REIMBURSEMENTS
AND PAYMENTS
12.01 Specialty Positions. The Department may, at its discretion, appoint
deputies to the following specialty positions: Range Deputy, Transport Coordinator or
Training Deputies (Field, Defensive Tactics and Medical) — any of which may be
required to be certified.
12.02 Specialty Position Premium. Deputies assigned to a Specialty Position
listed in section 12.01 (Specialty Positions) shall be paid three point twelve percent
(3.12%) based on step 6 of the deputies matrix and sergeants shall be paid two point
six percent (2.60%) based on step 2 of the sergeant's matrix per month in addition to
their regular wages. As of December 21, 2014, step 3 of the sergeant's matrix will be
utilized.
12.03 Clothing, Equipment and Cleaning Allowance. New Corrections
Deputies shall be allowed six hundred and fifty dollars ($650) as an initial clothing,
equipment and cleaning allowance. Taxes shall be withheld in accordance with state
and federal law. Effective January 1, 2008, the annual Clothing, Equipment and
Cleaning Allowance was eliminated as a separate compensation item and was added to
the base wage where it shall be increased automatically as future wage increases
occur. The Parties agree for comparability purposes, this collective bargaining
agreement provides such premium to employees as an element of wages.
12.03a Allowance Usage. The clothing, equipment and cleaning
allowance shall be used to purchase and maintain uniforms and clothing required by the
Sheriff's Office, and all equipment for the safety and performance of the deputies. The
department shall furnish.sidearms, leather, and protective vests when required.
12.04 Repair and Replacement. The cost of repair or replacement of clothing
or personal equipment (including watch replacement or repair up to a total cost of
thirty-five dollars [$35]) used in furtherance of job related duties and damaged or
destroyed in the line of duty will be borne by the County. (Does not include jewelry, or
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similar items.) The amount paid for replacement of a damaged item will be based on
the general condition of the article. Whether damage was done in line of duty will be
determined by the department, subject to the grievance procedure outlined herein.
12.05 Transportation Deputy Assignment. When trained and range qualified,
Corrections Deputies shall rotate in the assignment of Transportation Deputy
12.05a Schooling. Transportation Deputies will be paid for hours of
schooling and qualifying that may be required by the Sheriff's Office. All hours spent in
required schooling and qualifying will be considered as work hours.
12.05b Pay. Effective the first pay period 2007 Matrix rates were
implemented in the payroll computer system, Transportation Pay was eliminated as a
separate compensation item and was added to the base wage where it shall be
increased automatically as future wage increases occur. The Parties agree for
comparability purposes this collective bargaining agreement provides such pay to
employees as an element of wages.
12.05c Qualifications Standards. All Deputies shall be Transportation
Qualified as an essential element of their job. The parties acknowledge that the current
qualification standards require Corrections Deputies to be firearms qualified by the end
of their probationary period and all Corrections Deputies must maintain firearms
qualification throughout employment, with the exception of Corrections Deputies
designated by -the Sheriff.
12.05d Lunches. The parties agree that consistent with contracts
between the County and other jurisdictions regarding the transport of inmates, deputies
will be provided lunch at a contracted facility or if not at a contracted facility, the County
travel policy for lunches will apply.
12.05e Western State Hospital Runs. The County agrees to continue
the existing practice of providing two deputies for Western State Hospital (WSH) runs.
12.06 Pyramiding of Premiums. There shall be no pyramiding of premiums
paid under Article 12 (Work Assignments and Non -Wage Reimbursements and
Payments) of this Agreement.
ARTICLE 13 - PHYSICAL EXAMS
13.01 New or Rehire Required Exams. Newly employed or re-employed
Corrections Deputies shall be required to take and pass a physical examination meeting
the requirements of the Civil Service Commission. It is understood between the parties
that the Sheriff will be furnished, upon request, a copy of any physical or mental
examination ordered by the Sheriff's Office.
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13.02 Annual Exam Covered. Corrections Deputies and Corrections
Sergeants may have one (1) physical exam paid by the County each year that their
health plan does not provide them with a preventive exam.
13.02a Ordered Exams. Additional physical and/or mental examinations
may be ordered by the Sheriff's Office. The first physical shall be administered by the
doctor of the deputy's choice. Any second or subsequent exam ordered by the Sheriff's
Office will be administered by a physician or psychiatrist selected by the Sheriff. The
above referenced physical examinations shall be paid for at the County's expense. No
deputy shall lose pay because a required physical and/or mental examination is
scheduled during all or part of their normal work day.
ARTICLE 14 - RULES OF OPERATION
The Sheriff's Office shall adopt reasonable written rules of operating the Sheriff's
Office and the conduct of deputies provided; however, before such rules are posted, a
copy shall be furnished to the Union. The Union shall be allowed not less than ten (10)
days in which to make known any objection they may have concerning such rules,
except in the case of emergency.
ARTICLE 15 - UNION ACTIVITY
15.01 Negotiations. It is agreed that up to three (3) bargaining unit deputies
shall be allowed to participate in negotiations without loss in pay, provided that:
(1) such deputies shall not receive overtime pay while serving on the
negotiations committee.
(2) one (1) deputy will be selected from the Corrections Sergeant
classification, one (1)deputy from the Main Jail and one (1) deputy from the Work
Center.
15.02 Union Activity. It is further agreed that other time off for Union activity
will be allowed without compensation providing such time off will not unnecessarily
disrupt the operation of the Sheriff's Office. The Union will keep Human Resources
advised of shop stewards and current members on the negotiating committee.
15.02a Shop Steward Training. Up to two shifts per calendar year shall
be permitted off without pay for Shop Stewards to attend training/seminars conducted
by the Union. Deputies must submit request at least thirty (30) calendar days in
advance of training. The County may refuse to grant leave if absence would adversely
impact the operations of the Sheriff's Office.
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ARTICLE 16 - SEPARABILITY AND SAVINGS
If any article or section of this Agreement should be held invalid by operation or
law or by any tribunal of competent jurisdiction, the balance of this Agreement shall
continue in full force and effect. The article or section held invalid shall be modified as
required by law or the tribunal of competent jurisdiction, or shall be re -negotiated for the
purpose of an adequate replacement.
ARTICLE 17 - LONGEVITY
Effective the first pay period 2007 Matrix rates were implemented in the payroll
computer system, longevity was eliminated as a separate compensation item and was
added to the base wage where it shall be increased automatically as future wage
increases occur. The Parties agree for comparability purposes, this collective
bargaining agreement provides such longevity as an element of wages.
ARTICLE 18 - GENERAL CONDITIONS
18.01 Range Placement. The County shall place deputies in a pay range, per
Addendum B (Matrices), that is consistent with their duties, responsibilities, and job
content.
18.02 Reclassification. When a reclassification to a higher level of
responsibility occurs, the deputy will be placed in the pay step of the higher pay range
that will provide not less than a five percent increase in salary. The reclassification date
becomes the anniversary date for step advancement purposes.
18.03 Step Placement. Deputies will be placed in the first step of their assigned
pay schedule. All pay schedules have annual steps. Movement to step 7 through 11
for sergeants and to step 11 through 15 for deputies shall require three years service at
the previous step.
18.03a Sheriff's Discretion on Step Placement. It is understood
between the parties that the Sheriff may place deputies in a higher pay step at his
discretion, subject to the approval of the County Executive. The Union shall be notified
when this occurs.
18.04 Step Advancement. Advancement to the next pay step shall occur on
the first day of the month in which the anniversary date falls.
18.05 Promotion Anniversary Date. When a deputy is promoted to a higher
classification, the promotion date becomes the anniversary date for step advancement
purposes.
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18.06 Personnel Records Access. Each deputy shall have access to his/her
personnel records, except supervisor's notes prepared for the purpose of preparing
deputies evaluations.
18.07 Performance Evaluations. Deputies shall, upon request, be given an
opportunity to review all evaluation reports made by any and all supervisory personnel.
The deputy shall review and sign his/her evaluation after the Sheriff or designee has
made written comments. If any additional comments are made after the deputy signs,
the deputy shall be notified.
18.08 Training. Training opportunities will be offered to deputies in as fair and
evenhanded a fashion as is possible.
18.09 Work In Higher Classification. Any deputy required to perform work in
a position with a higher wage classification to that which the deputy normally holds for
any hour worked, shall be paid at the deputy's normal rate of pay plus five percent (5%),
while so acting.
18.09a Acting Sergeant. Corrections Deputies who have taken and
passed the sergeant's examination shall be eligible to be appointed as acting sergeants
should no supervisory personnel be available. In the absence of both a sergeant and
acting sergeant, the Sheriff's Office may designate the available senior qualified deputy
to serve as acting sergeant. For the life of this Agreement, having once passed the
sergeant's exam, a deputy shall not be required to test again to remain as an acting
sergeant, provided such deputy successfully completes either a sergeant's exam or an
in-service refresher course at least every four (4) years.
18.10 Part -Time and Temporary Deputies. Hourly rates shall be established
for deputies working less than full-time by placing the deputy in the appropriate salary
range based upon their employment with the County.
18.11 Shots. The Sheriff's Office will pay for and provide the following
vaccinations or shots for the existing work force on a voluntary basis: diphtheria,
tetanus, hepatitis A & B, and influenza. The Sheriff's Office will pay for and provide the
same shots for all newly Hired Corrections Deputies on a mandatory basis, except
hepatitis A, which will be on a voluntary basis. The County will provide and pay for
follow-up blood tests to see if the hepatitis B shot was effective. New shots may be
added as determined by the County Health Officer as prudent for the health of the
deputies. Adverse reactions from mandated shots will be treated according to Labor &
Industries standards.
18.12 Traveling Expenses. Deputies traveling out of the County on official
business will be reimbursed for the reasonable cost of meals and expenses as may be
authorized by County policy.
18.13 Subcontracting. Prior to subcontracting work currently performed by
bargaining unit deputies, the County will give the union 60 days notice of its intent to do
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so and, on request, will meet and discuss the decision. The 60-day notice requirement
is not applicable if the subcontracting results from an emergency situation, or if
bargaining unit deputies are not displaced by subcontracting.
18.14 Electronic Funds Transfer. All regular deputies shall authorize
paycheck deposit by electronic funds transfer (EFT) within thirty (30) days hire.
Institution changes require four (4) weeks notice. Deputies providing documentation of
their inability to open a checking and/or savings account may have this requirement
waived. Deputies may stop EFT in emergency situations with at least seven (7) days
notice before a scheduled payday. Employees must restart the EFT within three (3)
months.
18.15 Ability to Cross Border. All employees must maintain the ability to cross
the Canadian border if they are assigned to a position which may at any time require
crossing the Canadian border. If an employee is unable to maintain his/her ability to
cross the border, the County agrees to meet and bargain the impact on said employees
if requested by the Union.
ARTICLE 19 - SALARY SCHEDULE
Deputies on the payroll on the date of Council adoption following bargaining unit
ratification or hired after the date of Council adoption, shall be classified pursuant to
Addendum A (Position Title Index) and paid pursuant to Addendum B (Matrices), which
are a part of this Agreement by reference.
ARTICLE 20 - GRIEVANCE PROCEDURE AND ARBITRATION
20.01 Grievance Definition. Grievance as used herein shall mean any dispute
or controversy which might arise as to the interpretation or application of this
Agreement.
20.01a Initial Filing. Grievances must be addressed within thirty (30)
calendar days from knowledge of the incident by the deputy first following their chain of
command in an attempt to adjust the dispute or they shall be deemed null and void.
With failure within the time limit to satisfy the dispute, the grievance procedure shall be
initiated.
20.01 b Union Notification. Should any grievance herein defined arise,
the same shall be taken up with the representative of -the Union, who will then take the
grievance up with -the Sheriff and the Head of Human Resources or designee.
20.02 Arbitration. Any grievance submitted and processed in accordance with
the grievance procedure provided above which is not satisfactorily adjusted within thirty
(30) calendar days may be taken to arbitration by the County or the Union as herein
provided. However, prior to arbitration, the County Executive shall be advised of the
dispute.
Whatcom County Corrections 12/10/13 - 12/31/14 page 35
79
Either party may, within five (5) working days after failure to adjust the
grievance in Subsection (b), serve upon the other party written demand for arbitration.
The parties shall select an impartial arbitrator within ten calendar days after service of
the demand for arbitration. If the parties fail to agree within this period upon an
arbitrator who is able and willing to serve, either party may, within five (5) calendar days
thereafter, request the Federal Mediation and Conciliation Service to submit a list of
eleven (11) disinterested persons living in the Northwest who are qualified and willing to
act as an impartial arbitrator. From the list the County will strike two names, then the
Union two names until the single name remaining is appointed as the arbitrator.
20.02a Hearing Commencement. The arbitrator shall commence the
hearing. The award of the arbitrator shall be rendered in writing together with his written
findings and conclusions and shall be final and binding upon the parties to this
Agreement and upon the complaining deputy and deputies, if any.
20.02b Arbitrator's Fees. The arbitrator's fees and expenses, the cost
of any hearing room and the cost of the shorthand reporter and of the original transcript,
if requested by the arbitrator, shall be borne equally by the County and the Union. All
other expenses and costs shall be borne by the parties incurring them.
20.02c Arbitration Venue. Venue for all grievance arbitrations shall be
Whatcom County unless otherwise mutually agreed.
20.03 Time Limitations. The County and the Union agree to comply with the
time limitations set forth above and either party shall have the right to insist that the time
limitations be complied with, provided, however, said time limitations may be waived by
mutual agreement but in no event shall failure to comply with the time limitations set
forth above deprive the arbitrator of authority to decide the grievance.
20.04 No Lockout, Strike or Slow Down. All grievances as defined in this
section shall be settled in accordance with the procedures outlined above and there
shall be no lockout, strike, interruption of work, slow down, or other interference with
production during the life of this Agreement.
20.05 Election of Remedies. Any action appealed to the Civil Service
Commission shall not be subject to the grievance procedure herein. Any matter taken
to the grievance procedure may not be appealed to the Civil Service Commission.
20.06 Past Practice. No action by any bargaining unit member in applying or
interpreting this Agreement will be binding upon the County as a past practice.
ARTICLE 21 —SENIORITY
Seniority lists for each unit covered by this Agreement will be maintained
separately for the purpose of layoff, recall, vacation, extra overtime, and shift bidding.
Employees transferring from one unit to another will have their names placed at the
bottom of the new unit list, provided however, total length of service with the County will
Whatcom County Corrections 12/10/13 - 12/31/14 page 36
EMS
be credited to such deputy for the purposes of vacations, sick leave, and longevity
accrual. Seniority units shall consist of the following; Corrections Sergeants and
Corrections Deputies who shall bid for shifts.
ARTICLE 22 - MANAGEMENT RIGHTS
Consistent with the Sheriff's authority and obligations in the County Charter, any
and all rights concerned with the management operations of -the County and its Sheriff's
Office are exclusively those of the Sheriff's Office unless otherwise provided by the
terms of this Agreement. The Sheriff's Office has the authority to adopt reasonable
rules for its operation and the conduct of its deputies; provided, such rules are not in
conflict with the provisions of this Agreement, or with applicable law. The Sheriff's
Office has the right to discipline, temporarily lay off or discharge deputies; to assign
work and determine duties of deputies; to schedule hours of work, to determine the
number of deputies to be assigned to duty at any time and such other rights as are
normal to County government and not expressly limited in this Agreement or applicable
laws.
ARTICLE 23 - INDEMNITY AND HOLD HARMLESS AGREEMENT
The County agrees to hold harmless deputies for all damages, including attorney
fees which they may suffer as a result of lawsuits commenced against them arising out
of their activities which are within the scope of their employment for Whatcom County.
Should the deputy's actions be outside the scope of their employment, or the allegations
contained in the complaint allege actions which, if proven, would be outside the scope
of their employment; or be intentional torts, then the County will not pay that judgment.
In addition, the deputy will hire counsel. Whatcom County will compensate the deputy
in a timely manner for that counsel on a reservation of rights basis. This means, if the
allegation contained in the complaint is proven then the County will not pay the
judgment and the deputy will be responsible for reimbursing the County for its attorney
fees. However, should the allegation of intentional tort not be proven but merely
negligence, then the County will pay the judgment and will not seek reimbursement for
the attorney's fees.
The above language will be interpreted such that the only circumstances in which
the County will not pay a judgment against an deputy and the deputy will be responsible
for reimbursing the County for attorney's fees paid pursuant to a reservation of rights is
where it is actually found that the deputy acted outside the scope of his or her
employment or committed an intentional tort.
ARTICLE 24 - TERMINATION CLAUSE
24.01 Duration. The parties acknowledge the predecessor agreement's, terms
and conditions continue as provided in RCW 41.56 and this Agreement shall be in full
force and effect from December 10, 2013, to and including December 31, 2014, and
shall continue in full force and effect from year to year thereafter, unless written notice
Whatcom County Corrections 12/10/13 - 12/31/14 page 37
of desire to cancel or terminate 'the Agreement is served by either party upon the other
at least sixty (60) days prior to the date of expiration.
24.02 Subsequent Agreements. It is further provided that where no
cancellation or termination notice is served and the parties desire to continue said
Agreement but also desire to negotiate changes or revisions in this Agreement, either
party may serve upon the other a notice at least sixty (60) days prior to January 1st,
2015, or January 1st of any subsequent year, advising that such party desires to
continue this Agreement but also desires to revise or change the terms or conditions of
such Agreement.
THIS AGREEMENT IS EXECUTED THIS 10th day of December, 2013, by the
duly authorized representative of the parties hereto.
GENERAL TEAMSTERS' LOCAL UNION NO. 231 WHATCOM COUNTY, WASHINGTON
By:
Rich Ewing
Secretary -Treasurer
APPROVED AS TO FORM:
Chief Civil Deputy Prosecuting Attorney
Jack Louws
Whatcom County Executive
DATE COUNCIL APPROVED:
Date
Whatcom County Corrections 12/10/13 - 12/31/14
page 38
82
ADDENDUM A
TO THE AGREEMENT
by and between
WHATCOM COUNTY, WASHINGTON
and
GENERAL TEAMSTERS' LOCAL UNION NO. 231
CORRECTIONS DEPUTIES & SERGEANTS BARGAINING UNIT
POSITION TITLE INDEX
Ran a Position
1 Corrections Sergeant
11 Corrections Sergeants (with one premium)
2 Corrections Deputy
21 Corrections Deputy (with one premium)
POSITION TITLE INDEX
Effective -the July 6. 2014
Range Position
1 Corrections Sergeant (Firearms Qualified)
11 Corrections Sergeant (Firearms Qualified with one premium)
12 Corrections Sergeant (Non -Firearms Qualified)
13 Corrections Sergeant (Non -Firearms Qualified with one premium)
2 Corrections Deputy (Firearms Qualified)
21 Corrections Deputy (Firearms Qualified with one premium)
22 Corrections Deputy (Non -Firearms Qualified)
23 Corrections Deputy (Non -Firearms Qualified with one premium)
Whatcom County Corrections 12/10/13 - 12/31/14 page 39
ADDENDUM B
CORRECTIONS DEPUTIES & SERGEANTS HOURLY MATRICES
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Whatcom County Corrections 12/10/13—12/31/14 page 11
LETTER OF UNDERSTANDING #1
BY AND BETWEEN
WHATCOM COUNTY, WASHINGTON
AND
GENERAL TEAMSTERS' LOCAL UNION NO. 231
This letter of understanding is in consideration of that certain collective bargaining
agreement between -the General Teamsters' Local Union No. 231, and Whatcom
County, regarding and attached to the Corrections Deputies & Sergeants collective
bargaining agreement.
1. Drug -Free Work Place Policy. Upon request by the County, during the term
of this Agreement, the Union shall meet and enter into negotiations on an alcohol and
drug -free work place policy, including drug testing.
2. Training. The County will provide the following types of training for
Correction Deputies and Corrections Sergeants:
(a) Administering of prescription drugs; and
(b) AIDS prevention and safeguards against AIDS in the work environment.
3. Grooming. Mustaches shall be allowed as long as they conform to grooming
standards.
4. Non -Firearms Qualified. The Sheriff shall maintain a list of employees who
were not as of January 1, 2007 firearms qualified. These employees were
grandfathered and will not be required to be firearms qualified during their Corrections
employment with Whatcom County. Other deputies hired prior to December 31, 1998,
can be relieved of the transportation qualified requirement as approved by the Sheriff
and added to the list. Any such approved non -firearms qualified employees will be
placed in the appropriate "non -firearms qualified" range as of July 6, 2014.
5. Wage Tables
• 2012 — The 2011 wage table effective December 25, 2011 shall apply for
2012.
• 2013 — The following changes will be made to the January 1, 2012 matrices
effective the first full pay period following adoption by the County Council.
0 1 % Sergeants in steps 2 — 5
0 1 % Corrections Deputies in steps 1 — 9
0 2% Sergeants in steps 6 — 11
0 2% Corrections Deputies in steps 10 — 15
o Effective retroactive to January 1, 2013 all Corrections Deputies and
Sergeants employed on December 10, 2013 shall receive the wage
modifications listed above calculated as a percent of gross earnings
Whatcom County Corrections 12/10/13 - 12/31/14 page 42
86
LETTER OF UNDERSTANDING #2 (TEMPORARIES WITH BENEFITS)
BY AND BETWEEN
WHATCOM COUNTY, WASHINGTON
GENERAL TEAMSTERS' LOCAL UNION NO. 231
This Letter of Understanding is by and between Whatcom County, hereafter called "the
County," and General Teamsters' Local Union No. 231, hereafter called "the Union,"
regarding and attached to -the Corrections Deputies & Sergeants Collective Bargaining
Agreement (CDSCBA)
The purpose of this Letter of Understanding is to establish the conditions under which
an employee may fill an ongoing full-time temporary position with benefits under
CDSCBA.
1) Temporaries with Benefits
The County sometimes identifies -the need for ongoing full-time temporary positions not
funded in the County budget as regular on -going positions. These temporary work
assignments are ones that are anticipated at the outset to extend beyond the contract
limitation for "temporaries" and are anticipated to work full time and meet the benefit
eligibility threshold of eighty (80) compensated hours per calendar month. Work
assignments and special conditions will end on the date specified in the letter of
appointment, when the work is completed, or when employment is terminated unless an
extension is specifically agreed to by the County and the Union.
2) Union Membership and Benefits Eligibility
Temporaries with benefits will join the Union in accordance with section 1.02 (Members
in Good Standing) of the CDSCBA.
Upon completion of eligibility requirements, full-time temporaries with benefits will
become eligible for health & welfare benefits in accordance with Article 6 of the
CDSCBA and Washington Teamsters Welfare Trust (WTWT) rules. Life insurance will
be available to the employee only.
Full-time temporaries with benefits will be eligible for paid leave in accordance with:
Article 4 — Holiday
Article 5 — Vacation
Article 7 — Sick Leave
3) Pay & Other Conditions of Employment
Full-time temporaries who have previously been employed as regular employees by the
Jail will receive the current rate of pay at the step they were at when they left the
County, but no higher than the top Corrections Deputy step. Qualified temporaries who
have not been regular employees of the Jail will be paid at the entry step for Corrections
Deputies.
Such temporary positions with benefits will NOT be eligible for other terms and
conditions of employment under the CDCBA, including, but not limited to:
Whatcom County Corrections 12/10/13 - 12/31/14 page 44
• Regular employment status
• Step increases
• Seniority
• Paid and Unpaid Leaves of Absence (other than those described above)
• Internal investigation notice
• Grievance procedures and arbitration
• Bidding for positions posted within the bargaining unit, except as allowed
under Whatcom County Civil Service Commission Regulations & Rules
and RCW Title 41
4) Posting
Positions under this Letter of Understanding will be filled in compliance with Whatcom
County Civil Service Commission Regulations & Rules and RCW Title 41.
5) Regular Positions
If a current full-time temporary with benefits is selected to fill a regular, budgeted County
position, the period served as a temporary with benefits will apply toward health and
welfare benefits eligibility if there has been no break in service and coverage and if
allowed by current benefit plans. If appointed to a regular position, vacation accruals
will commence at the "0-1" year level.
6) Non -Precedent Setting
This Letter of Understanding will not be considered precedent setting to any other
matter of concern raised by Teamsters or employees under the Corrections Deputies &
Sergeants Collective Bargaining Agreement.
7) Termination
Either the employee or the County can end the employment relationship outlined in this
Letter of Understanding without notice or reason.
8) Cancellation
Either party may cancel this agreement at any time following thirty (30) days written
notice to the other.
Whatcom County Corrections 12/10/13 - 12/31/14 page 45
ADDENDUM C
ADVICE OF ADMINISTRATIVE INVESTIGATION
Date:
To:
From:
Subj:
As required by section 2.07a (Due Process) of the Corrections Deputies & Sergeants
Collective Bargaining Agreement this document notifies you that you are the subject
employee in connection with an Investigation that has been authorized by the Sheriff.
An interview will be performed at a later date. Prior to -the interview, you will receive an
Advice of Investigative Interview providing you with the name of the investigating officer,
the name and rank of the interviewer and the names of others who will be in
attendance, the specific allegations and the policy violations. All involved parties shall
be bound to the NOTICE provisions contained at the end of this Advisement.
❑ THIS IS A CLASS I ADMINISTRATIVE INVESTIGATION
❑ THIS IS A CLASS II ADMINISTRATIVE INVESTIGATION
This investigation is to determine the facts and possible violations of Sheriff's Office
Policy/Procedure, Rules and Regulations regarding:
Alleged Acts of Misconduct:
Alleged Policy Violations:
Whatcom County Sheriff's Office ADVICE OF ADMINISTRATIVE INVESTIGATION Page 1 of 2
Deputy Initials
Whatcom County Corrections 12/10/13-12/31/14 page 46
NOTICF-
Effective immediately, you are directed to have no communication regarding this matter,
either on -duty or off -duty, with any person including potential witnesses or persons who
may be materially involved with the administrative investigation.
This directive means you are prohibited from communicating to these individuals about
this matter by any means to include, but not be limited to: fax, telephone, mail,
electronic messaging, in person, person to person relay or any other form of
communication.
Failure to comply with this directive shall be considered Insubordination, and may
result in discipline up to and including termination.
You are not prohibited from discussing this matter with your Union representative, Union
legal advisor, or your personal attorney.
This directive will remain in effect until either the adjudication or conclusion of
the administrative investigation. Adjudication or conclusion of the case is when the
employee has been notified by the appointing authority of a finding.
Acknowledgment:
I certify that I have read this advisement form in its entirety (2 pages). I
acknowledge that I understand the contents and that I have received a copy of
this document.
Printed name
Signature Date
Investigation Advisement made by: (Print name)
Date Time Place
Whatcom County Sheriff's Office ADVICE OF ADMINISTRATIVE INVESTIGATION Page 2 of 2
Deputy Initials
Whatcom County Corrections 12/10/13 - 12/31/14 page 47
ADDENDUM D
ADVICE OF ADMINISTRATIVE INTERVIEW AS REQUIRED
BY SECTION 2.07c(1) (INTERVIEW ADVISEMENT) OF THE
CORRECTIONS DEPUTIES & SERGEANTS COLLECTIVE BARGAINING
AGREEMENT
Date:
To:
From:
Subj:
YOU ARE THE SUBJECT EMPLOYEE
El
YOU ARE A WITNESS EMPLOYEE
in connection with an Investigation that has been authorized by the Sheriff.
The Officer in Charge of this Investigation is:
This interview is to be performed by (name, rank)
and also in attendance will be all of whom shall be
bound to the NOTICE provisions contained at the end of this Advisement.
THIS IS A CLASS I ADMINISTRATIVE INVESTIGATION
THIS IS A CLASS II ADMINISTRATIVE INVESTIGATION
A. This investigation is to determine the facts and possible violations of Sheriff's Office
Policy/Procedure, Rules and Regulations regarding:
Allegations:
For a Subject of the investigation, state the specific factual nature of investigation
For a Witness in the investigation, state the purpose of interview
Possible Policy/Rules/Regulations Violations include but are not limited to:
(this section is optional for notice to a witness employee)
Whatcom County Sheriff's Office ADVICE OF ADMINISTRATIVE INTERVIEW Page 1 of 4
Deputy Initials
Whatcom County Corrections 12/10/13 - 12/31/14 page 48
91
B. Failure to fully cooperate by truthfully answering all questions specifically and directly related
to the matter under investigation and/or by providing investigators with all potentially
relevant information will result in disciplinary action, which may include discharge from the
Sheriff's Office.
C. All Class I Administrative Investigations shall be audio recorded. Class II investigative
interviews are generally not recorded, but will be audio recorded at the request of either
party. In a Class II interview, should one party object to the use of an audio recording then a
transcript shall be made and be the only official record. Class II transcription expenses shall
be at the expense of the requesting party.
D. You may request and obtain the presence of a Union representative during the investigatory
interview (if no request is made there shall be no obligation of representative presence)
provided that:
1. The Union representative shall not disclose the nature or content of the interview to any
person, except as necessary for the Union to meet its duty of fair representation. The
Union representative shall not obstruct the investigation, including revealing information
to others except as permitted herein.
2. In addition to observing the interview, the Union representative, may reasonably
participate in accordance with 1 above, by:
a. Consulting with the employee before the interview begins;
b. Reasonably raising valid objections and consulting with/advising the employee
about a privilege she/he has the right to assert once questioning starts;
C. Assisting the employee if questions are ambiguous or misleading by rephrasing
the question or asking that the question be rephrased;
d. Interceding if questions become harassing or intimidating; and
e. Asking additional questions and seek to clarify responses.
3. During the investigatory interview, the Union representative may not;
a. Interrupt if the employee is asked to give an initial version of events;
b. Consult with the employee before he/she answers every question;
c. Otherwise interfere with appropriate questioning by the investigator.
4. The Union representative may not be the spouse of the subject employee or a witness in
the matter under investigation.
E. Employees subject to investigation shall be given at least two (2) hours notice before an
interview. The failure of an employee subject to investigation to obtain a Union
representative within a reasonable time, (generally two hours) is not an acceptable basis for
unreasonably delaying an investigative interview with the understanding the interview shall
be conducted at a reasonable hour, preferably at a time when the employee is on duty, or
during the normal waking hours for the employee. Upon request, the employee will be
granted a twenty-four (24) hour delay, unless the exigency of the investigation requires
otherwise.
Whatcom County Sheriff's Office ADVICE OF ADMINISTRATIVE INTERVIEW Page 2 of 4
Deputy Initials
Whatcom County Corrections 12/10/13-12/31/14
page 49
92
F. You have the right to suggest specific witnesses to be interviewed by the investigator.
Upon notice of completion, you have the right to review and make corrections and/or
additions to your transcript prior to the conclusion of the investigation.
G. Statements made to the investigator during an Administrative Investigation:
1. Will become part of the investigative file for the use of the Sheriff only to the extent
permitted by law and subject to all legal protection available as a private confidential
and privileged communication to the extent permitted by law; and
2. Will not be provided to other witnesses or interviewees involved in the investigation
by the investigator such that the information is attributable to any individual identified
by the investigator; and
3. Are not to be communicated to any person by you except to a Union representative if
necessary to protect the legal rights of a witness or subject. You may consult with
your private attorney.
4. Provided, that the referral of the summary of facts and findings to the involved
employee's chain of command, Human Resources, or the Prosecuting Attorney's
Office shall not constitute a breach of any privilege, privacy, or confidentiality; and
provided further that should the involved employee choose to appeal the resulting
personnel or disciplinary action and thus put at issue the merits of that action,
statements given, and persons involved in the investigation may be asked by the
Sheriff's Office or -the subject employee to give a sworn testimony regarding their
involvement. If other disclosure is necessary, notice will be given to the Union.
H. The investigator will read the following warning into the recording at the start of the
interview:
You are about to be questioned as part of an administrative investigation
being conducted by the Whatcom County Sheriff's Office. You are
hereby ordered to fully answer the questions that are put to you that
relate to information you possess and/or your conduct and/or job
performance, and to cooperate with this investigation. You are required
to answer questions relating to the performance of your official duties or
fitness for duties. Your failure to answer truthfully and cooperate with
this investigation can be the subject of disciplinary action in and of itself,
including dismissal. The statements you make or evidence gained as a
result of this required cooperation may be used for administrative
purposes but will not be used or introduced into evidence in a criminal
proceeding.
Whatcom County Sheriff's Office ADVICE OF ADMINISTRATIVE INTERVIEW Page 3 of 4
Deputy Initials
Whatcom County Corrections 12/10/13 - 12/31/14 page 50
93
NOTICE:
Effective immediately, except as otherwise provided above, you are directed to have no
communication regarding this matter, either on -duty or off -duty, with any person
including potential witnesses or persons who may be materially involved with the
administrative investigation.
This directive means you are prohibited from communicating to these individuals about
this matter by any means to include, but not be limited to: fax, telephone, mail,
electronic messaging, in -person, person to person relay or any other form of
communication.
Failure to comply with this directive shall be considered Insubordination, and may
result in discipline up to and including termination.
You are not prohibited from discussing this matter with your Union representative, Union
legal advisor, or your personal attorney.
This directive will remain in effect until either the adjudication or conclusion of
the administrative investigation. Adjudication or conclusion of the case is when the
employee has been notified by the appointing authority of a finding.
Acknowledgment:
I certify that I have read this advisement form in its entirety (4 pages). I acknowledge
that I understand the contents and that I have received a copy of this document.
Printed name
Signature
Advisement made by: (Print name)
Date Time Place
Whatcom County Sheriff's Office ADVICE OF ADMINISTRATIVE INTERVIEW Page 4 of 4
ueputy initials
Whatcom County Corrections 12/10/13 - 12/31/14 page 51
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-405
CLEARANCES
Initial
Date
Date Received in Council fffice
Agenda Date
Assigned to:
Originator:
KSG
1112512013
Finance/Council
S
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DO
1211012013
Consent Agenda
Division Head:}
@� DEC 03 � � � 013
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COUNCIL
Dept. Head:
KSGVSS
1112512013
Prosecutor
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Purchasing/13udget:
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Executive:
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TITLE OF DOCU ENT:
Stop Loss Insurance Protection for Self -Insured Medical Claims over $250,000 in 2014
ATTACHMENTS:
1. Memorandum to Jack Louws, County Executive
2. Renewal Pro osal or Sun Lie Assurance mpanv Group Policy 089876 January -December 2014
SEPA review required? ( ) Yes ( x ) NO
Should Clerk schedule a [tearing? ( ) Yes ( x ) NO
SEPA review completed? ( ) Yes ( x ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Following solicitation of quotes for stop loss (excess) medical plan insurance pursuant to Resolution 2007-058,
Kibble & Prentice recommends renewing the County's stop loss protection for the self -insured medical program
with Sun Life Assurance Company for 2014. The rates were locked and included in Kibble & Prentice's renewal
pricing for the Cap Plan for the year 2014.
RECOMMENDED MOTION:
Request authorization for the County Executive to accept Sun Life STOP -LOSS POLICY for insurance
protection for the self -insured medical program for 2014.
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.whatcom.wa.uslcouncil.
95
WHATCOM COUNTY AGOM COG HUMAN RESOURCES
ADMINISTRATIVE SERVICES County Courthouse
311 Grand Avenue, Suite #107
r Bellingham, WA 98225-4038
�SNI NG�O (360) 676-6802
hr@comhatcomma.us
wa. us
Karen Sterling Goens
Manager
MEMORANDUM
TO: Jack Louws, County Executive
FROM: Karen Goens, Human Resources Manager
RE: Medical — Stop Loss Insurance Policy
DATE: November 25, 2013
Enclosed is a recommended Renewal Proposal for Whatcom County's Group Policy for Specific
and Aggregate Stop Loss Insurance for your review and signature.
�he
Background and Purpose
County is required by law to protect its financial assets in the self -insured medical program
with reserves and excess insurance coverage (also called stop loss or reinsurance) [RCW
48.62.071(4)]. Each year our benefit consulting contractor, Kibble & Prentice, seeks bids from
the market, obtains and analyzes quotes (pursuant to Resolution No. 2007-058), recommends
coverage levels, and includes the rates in the medical plan renewal pricing.
For January 1, 2014, Kibble & Prentice recommends the County continue the same level of
stop loss protection with the same company, Sun Life Assurance Company. This coverage is
triggered if an individual's medical costs are in excess of $250,000 in a plan year or if the plan's
aggregated costs exceed $12,091,836.
�Ihe
Funding Amount and Source
rates for stop loss in 2013 were $22.82 per single enrollee per month and $52.69 per family
per month. The 2014 rates represent a 24% increase based on current enrollment with rates
per single enrollee at $28.30 and $65.34 per family. The reason for the increase in premiums is
amount of high claims paid by this insurance over the past five years relative to the premiums.
For the period 2009-2012, the stop loss carrier paid out $1,047,591in claims and the County
paid $636,591 in premiums. The anticipated annual premium for 2014 will be $333,838 which is
included in the 2014 Cap plan pricing and paid from cost center 507340.
�Ihe
Differences from Previous Contract
only difference is the cost as described above.
Please feel free to contact me at extension 50550, if you have any questions or concerns
regarding this recommendation.
Renewal options
0, On this Dade. select the rate and renewal option that best fits your current needs
Current and renewal rate summa
x`
P �« wul'. ... M ..ti.,. �`� �. .�a• ,:, �.,,,_ � hm...�«,�.�.n'aw�sw �osL.�. ,.0 °� ° t•�.:�xoR:
Single 95
Family 391
Total 486
gctr�:newai option � �
� - � _
;3 YL3
� �
s IectedTenewai option:
qg
Please initial your election above and return with the signed and dated
"Renewal options, continued" page with contingencies
Proposal fc,..?ia! or C :11 Y
SL,PC'2.4s4 ree. C71 72Q ?_ GSL.O'I'-? r5'i oac«' 0 f 14
97
Renewal options, continued
On this page, learn more about the features and services included in your renewal
Specific Stop -Loss coverage
The following are included in your policy:
• No New Lasers at Renewal option with Renewal Rate Cap of 50%
The rate cap applies to Specific rates and the Aggregating Specific deductible (if applicable), and it
assumes there are no material changes to the underlying plan, the Sun Life Stop -Loss policy, or the
group being covered.
• Mirroring Endorsement
Mirroring of your plan document is subject to review and approval by Sun Life and may affect the quoted
rates. Within 90 days of the policy effective date, we need your plan document and an executed Renewal
Options signature page.
• Simultaneous Reimbursement option
• SunExcele Centers of Excellence transplant program
This exclusive program is provided to all Sun Life Stop -Loss customers.
• SunResources preferred network program
This exclusive program is provided to all Sun Life Stop -Loss customers.
• SightlinesTM Medical Intelligence software program
This program is provided to all Sun Life Stop -Loss customers.
The following are not included in your policy:
• Clinical Trials option
• Electronic Funds Transfer
• Retiree coverage
• Terminal Liability option
Assumptions
• Transplant rider
Sun Life assumes that if a Transplant rider is in place with your health care plan, that Sun Life is
designated as secondary claims payer.
Related provider reimbursement percentage
For health care provider groups, Sun Life sets the in -facility claim reimbursement at Not applicable.
Producer commissions
Sun Life pays the following commission percent to the Stop -Loss producers: 00.0%.
Specific Stop -Loss renewal acceptance
Acceptance of your Specific Stop -Loss renewal by Sun Life is subject to timely receipt of a signed renewal
proposal and contingent upon a review of large claims over $50,000 with diagnosis/prognosis for the period of
January 1, 2013 through October 1, 2013 with accompanying required information. For large claims,
the required information includes paid claims, and notification of known situations. Upon review of your large
claims information, we reserve the right to recalculate quoted rates.
Sun Life will not reimburse for claims expenses that incur outside the Policy Year parameters.
Aggregate Stop -Loss
• Features
The minimum attachment is 90%.
Monthly Aggregate Accomodation is not included.
Terminal Liability option is not included.
• Aggregate Stop -Loss renewal acceptance
Renewal acceptance of Aggregate coverage by Sun Life is subject to timely receipt of a signed renewal
proposal and contingent upon a review of monthly claims and lives, by line of coverage, for the period
of January 1, 2013 through October 1, 2013. Upon review of that information, we reserve the
right to recalculate the Aggregate Attachment Point.
General coverage
• Assumptions
The above rates assume that your underlying plan will be brought into compliance with the Mental Health
911
Parity Act, and that covered expenses, as defined under the Mental Health Parity Act, will be covered as
"any other illness." This renewal proposal also assumes there are no underlying plan limits that are
inconsistent with the guidelines established by the Americans with Disabilities Act.
Affordable Care Act accommodations
This renewal proposal represents Sun Life's efforts to work with you to meet your requirements under the
Affordable Care Act (ACA), including, but not limited to, the dependent age provisions of the ACA. According
to the rescission provision of the ACA, it is the self -funded medical plan's responsibility to keep its census
data up to date at all times. If the self -funded medical plan inadvertently does not remove a terminated
participant, Sun Life may deny any claims from the participant. However, in that situation, the self -funded
medical plan is responsible for the claim.
Approved as to form:
`
Prosecuting Attorney Date
We
WHA TCOM COUNTY COUNCIL A GENDA BILL NO.
2013-406
CLEARANCES
Ltitial
Date
fce
Date Receiver! in Council Of
Agenda Date
Assigned to:
Originator:
+
11126113
12110113
Finance & Adn[in Svcs
Committee and Council
`
\UJ U
Agenda
Division Head.
11126113
DEC 03 2013
Deft. Head:
WHATCOM COUNTY
ii a6li3
Prosecutor:
COUNCIL
Purchasing/Budget:
Executive:
)f
.�
6
TITLE OF D 6CtW9T.
Settlement Agreement Extending the International Organization of Masters, Mates and Pilots and
Inlandboatmen's Union of the Pacific Collective Bargaining Agreement
ATTACHMENTS:
January 1— December 31, 2014 Settlement Agreement Extending the International Organization of Masters,
Mates and Pilots and Inlandboatmen's Union of the Paci to Collective Bargaining Agreement.
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.)
Request approval of January 1, 2014 — December 31, 2014 Settlement Agreement Extending the International
Organization of Masters, Mates and Pilots and Inlandboatmen's Union of the Pacific Collective Bargaining
Agreement.
COMMITTEE ACTION. •
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
200707009 & 200707 9-1
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council.
100
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
,�2 01303005--
Originating Department:
Administrative Services - Human Resources
Contract or Grant Administrator:
Human Resources
Contractor's / Agency Name:
International Organization of Masters, Mates and Pilots and
Inlandboa.tmen's i_Jnion of the Pacific representing Lummi Ferry
employees
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ® No ❑
Yes❑ No ® If Amendment or Renewal, Original Contract # 201303005
Does contract require Council Approval? Yes ® No ❑
Is this a grant agreement?
Yes❑ No ® If yes, grantor agency contract number(s) CFDA #
Is this contract grant funded?
Yes ❑ No ® If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes ❑ No ® If yes, RFP and Bid number(s) Cost Center:
Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
® Interlocal Agreement (between Govt's) ❑Public Works - Local Agency/FederallyAgency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$
• Bid is more than $40,000.
This Amendment Amount:
. Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope: Lummi Ferry Employee's Settlement Agreement Extending the Collective Bargaining Agreement
Terrn of Contract:l/1/2014 - 12/31/2014
Expiration Date: 12/31/2014
Contract Routin-a Steps & Si2noff Si -an or Initial Indicate date transmitted
1.
Prepared by:
V11,10-
Date: 11/26/13
2.
Attorney reviewed:
l . , i b5,91,
Date:
tt at. t3
3.
AS Finance reviewed:
Date:
4.
IT reviewed, if IT related:
Date:
5.
Corrections made:
Date:
6.
Attorney si noff:
Date:
:t le,13
7.
Contractor signed:
Date:
/ _ . o -1 3
8.
Submitted to Exec Office:
Date:
141z 6,11.3
9.
Council Approved if required):
Date:
10. Executive signed:
Date:
Last Edited 7/24/13
101
11. Contractor original returned to Dept.: Date:
12. County original to Council: Date:
List dited 7/24/13
gC �a �NTRAC"'T N 0 �
SETTLEMENT AGREEMENT
EXTENDING THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN
WHATCOM COUNTY, WA
AND
INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS
Pacific Maritime Region (MMP)
AND
INLANDBOATMEN'S UNION OF THE PACIFIC (IBU)
This Settlement Agreement is by and between Whatcom County (hereafter called the County) and
INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS Pacific Maritime Region (MMP) and
INLANDBOATMEN'S UNION OF THE PACIFIC (IBU), (collectively hereafter called the Unions) regarding the
Collective Bargaining Agreement (CBA) set to expire December 31, 2013.
The purpose of this Settlement Agreement is to extend the CBA in its entirety including all
addendums and attachments, except as modified below.
Rule 16.04 Premium Payments. For the Plan Year 2014, the County shall make contributions
to fund the County Medical Plan for each eligible employee up to $1,089.50 per month.
Employees will elect their plan choice during an open enrollment period occurring the month
of November 2013.
a. Medical Plan Alternatives. In addition to provisions of Rule 16.04, the parties have
agreed to the following:
i. Contributory Cap Plan. Should the County's Benefit Consultant's Renewal
Projection for 2014 for the Contributory Cap Plan be more than $1,189.94
($1,089.50 County contribution plus $100.44 employee contribution),
modifications to the plan will be made per Rule 16.05 — Medical Schedule of
Benefits. Any amount required to fund the Contributory Cap Plan for 2014
above the County's contribution of $1,089.50 per month will be paid by
employees through payroll deduction.
ii. Cap 2000 Plan— Non -Qualified High Deductible. For2014, employees may
elect a non -qualified high deductible plan. There will be no monthly premium
paid by employees.
iii. Qualified High Deductible Health Plan (QHDHP). For 2014, employees
participating in the default Cap Plan, which will be recognized as a Qualified
High Deductible Health Plan (QHDHP), may be enrolled in a Health Savings
Account (HSA) if otherwise qualified to have such an account. The County will
contribute one-time seed money in 2014 to a voluntary HSA, a total of $1,250
per employee if signing up as an employee only OR $2,500 for employee plus
dependents. Fifty percent (50%) will be contributed in January with the
remainder contributed in equal monthly installments throughout the
remaining months in 2013.
a. Seed Money. The one-time seed money is inclusive of any remaining
difference between the County's monthly contribution commitment
of up to $1,089.50 and the monthly Benefit Consultant's projected
contribution cost of the QHDHP for 2014,
MMP/13II2014 Settlement Agreement -- Page
103
b. New Hires. Employees hired between January 1, 2014 and December
31, 2014 and participating in the default Cap Plan (QHDHP), may
receive a County contribution of one-time seed money in 2014 to a
voluntary HSA, a total of up to $1,000 for an employee signing up as
an employee only OR up to $2,000 for employee plus dependents.
Fifty percent (50%) will be contributed the first paycheck they are
eligible for medical benefits so long as they are enrolled in and are
otherwise qualified to have an NSA account with either $45.45
(employee only) OR $90.91(employee plus dependents) contributed
by the County throughout the remaining months in 2014.
c. Employee HSA Contributions. Employees participating in the Health
'Savings Account are also eligible to contribute to their Whatcom
County Health Savings Account (HSA) through payroll deduction.
2. Rule 16.06 RAMP Health and Welfare. The parties agree Rule 16.06 shall apply in 2014 based
on County contributions in 2014 for Rule 16.04 -- Premium Payments.
3. Rule 13.01 Wage Rates. Effective the 1" full pay period in 2014, the wage rates in effect on
December 31, 2013 shall be increased by two percent (2%) for all Class of positions listed,
except "On Call Employee (IBU)"
4. Rule 26—Term of Agreement. The Collective Bargaining Agreement between Whatcom
County and the Unions is extended through December 31, 2014.
5. Memorandum of Understanding & Settlement. The Memorandum of Understanding &
Settlement (MOU) dated March 26, 2013 is set to expire on December 31, 2013. The
"Termination Date" in item #2 shall be extended one year to December 31, 2014.
6. Me Too. It is further agreed that in the event any other employees in the County, represented
or unrepresented, excluding binding interest arbitration groups, should achieve a settlement
of CAP medical issues affording employees a "different deal on medical" the County shall
advise the Union of such settlement and afford the Union an opportunity to bargain regarding
the difference between the medical settlements.
7. LOU #1 Bank Deposits. Item number3 of LOU #1 shall be increased from $10.00 to $20.00
effective the 1n full pay period in 2014.
8. Effective Date. This Settlement Agreement is effective January 1, 2014.
I NAME I SIGNATURE I DATE
�__..
Jack Louws�
County Executive
Date Council Approved:
as to Form:
Daniel L. Gibson, Chief Civil Deputy Prosecuting Attorney
Date
MMP/M 2n14 Settlement Agreement Page 2
104
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-407
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
TH
11115113
12110113
Finance) Council
r-a
�f C� t7—
Division Head:
1� i:..::, h
. 21
Y
H CO COUNTY
COUNCIL
Dept. Head:
Prosecutor:
� �/ �- � �
Purchasing/Budget:
®���f / 3
Executive:
TITLE OF DO U ENT:
Resolution Ordering The Cancellation OfAccounts Receivable More Than A Year Old
ATTACHMENTS:
Resolution
Exhibit A Account List
SEPA review required? ( )Fes ( 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 to cancel uncollectible accounts that have been outstanding for 10 or more years.
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.uslcouncil.
105
WHATCOM COUNTY
Health Department
Leading the community in promoting health
and preventing disease.
Memorandum
TO: Jack Louws, County Executive
kD
FROM: Regina Delahunt, Director
DATE: November 19, 2013
Regina A. Delahunt
Director
Greg Stern, M.D.
JFE th Officer
RL-kjE1 V Lj
RE: Resolution Cancelling Uncollectible Accounts
tVCU 2 6 20 13
JACK LOUWS
The attached resolution cancels uncollectible accounts that have been outstanding for 10
or more years. These accounts were sent to North Washington Collections, Inc. for
collection long ago. The collection agency informed us that they have determined these
accounts to be uncollectible. North Washington Collections, Inc. has discontinued efforts
to collect these accounts and recommends they be been written off by the County.
509 Girard Street ®®®�®' L� /®®TLC 1500 North State Street
Bellingham, WA 98225-4005 PUBLIC HEALTH H Bellingham, WA 98225-4551
360 676-6724 ,;, rays ��rsaF�rtMG r 19 A SAFE—� AND 360 676-4593
( ) HEALTHIER WHATCOM COUNTY ( )
FAX (360) 676-6771 www.whatcomcounty.us/health FAX (360) 676-6772
106
PROPOSED BY: Consent
SPONSORED BY: Health
INTRODUCED:
RESOLUTION NO.
ORDERING THE CANCELLATION OF ACCOUNTS
RECEIVABLE MORE THAN A YEAR OLD
WHEREAS, THE Revised Code of Washington, Section 36.32.120, states the County
legislative authority shall audit the collection of money belonging to the County; and,
WHEREAS, The Health Department has referred overdue accounts to North Washington
Collections Inc. for collection.
WHEREAS, North Washington Collections Inc. has notified the Health Department that
certain outstanding receivables are considered uncollectible and that they should be written -off
as uncollectible.
WHEREAS, North Washington Collections Inc. has provided a list of Health Department
accounts receivable that were incurred prior to December 31, 2002 and are considered
uncollectible.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Health
Department is directed to write off as uncollectible accounts receivable listed in Exhibit A.
APPROVED this day of , 2013.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASH:INGTON
Dana Brown -Davis, Clerk of the Council
APPROVED AS TO FORM:
4�§P� -
Elizabeth Galle , Civil DQputy Prosecutor
Kathy Kershner, Council Chair
107
Exhibit A:
NCMI (formerly North Washington Collection) Cancellations -- 2013
rson, Cynthia
7/19/1996
i, Brandi*
12/10/2001
Gary
9/19/2606
ton, Susan
12/4/1997
-- ---- ----
order, Do_rrell
9/23/1998
order, George
2/12/1996
Alexis, Dean
5/29/1998
Alvarado, Angel
2/9/2000
Ammons, Craig
11/20/1998
Andersen, Roy
2/12/1996
Anderson, Kris
6/13/2"000
Anderson, Lennie
4/8/1998
Averson, Tony
7/28/1999
Bacon Judith
3/2/2000
Baldndge James
7/1/1996
Ball Heather
7/27/19§8
Barber, Michelle
4/5/2000
Barks, Bryan
5/25/2000
Barnard, Patricia*
6/7/2066
Barr, Nathen
12/13/1999
Bass Martina
12/27/1999
Bateman, S. J.*
2/9/2000
Beckman, Leaha*
7/13/2001
Benson, Randall
6/5/1995
Bessette, Martin
10/27/1997
Bill, Joseph
6/5/1995
Bill, Joseph
9/29/100
Biringer, Travis
5/5/1995
Bivins, Jeremy
11/18/1998
Bivins, Jeremy
10/27/1999
Black, Donna
8/7/2001
Blampied, Jack
1/3/2001
Blanchard, Kyle
1/4/1999
Bohl Victoria
2/8/1999
Bonstein John
12/13/2000
_
Borsey, Edward
8/31/1999
Buckmeier, Cyprian
7/27/1§98
Bull, Eric
7M1995
Burnett, Shawn
6/9/1999
Burnham, Robert
5/5/1997
Burr, Tracy
777/1995
Burn', Charles
3/6/2001
Cadwallader, Amy
1/4/19196-
Cagey Raymond
4/2/2001
Callas Jeffrey
1/10/2002
Calloway, Aaron
7/30/2001
Camarillo Daniel
7/1/1994
Cason, Gary
5/6/1900
-
Castaneda, Deborah
2/15/2000
Castaneda, Deborah
8/15/2000
Castillo, Jose
9/26/1997
Cavnar, Cornel
5/10/1999
Chance, Erick
4/24/2006
Charles, Gordon
7/22/1997
Chomsky, Johnny
10/1711996
Chrishe Michael
4/7/1998
Shand'*-
and'*
6/8/2000
--
Cochran, Betty
- ---
9/2/1998
Coleman Otis
11/3/1994
Collins Daniel
9/24/1996
Collins Daniel
10/6/1997
Conner, Dennis
10/26/1999
Cook, Troy
8/30/1999
Cook, Troy
11/22/2001
Cooke Tony
5/4/1999
Cooper, Marvin
7/20/1999
Cooper, Roy
12/31/1998
$
80.00
Craig, Steve
$
25.00
Crenshaw, Scott
$
65.00
Dalton, Roderick
$
5.00
:Davis, Deauna
$
67.00
Dawson, Kenneth
$
125.00
Dean, Ramlan
$
38.40
Debord, Ruth
$
65.00
Desrosiers-Byrnes, Joshua
$
122.14
DeVries, Allen & Jene*
$
125.1.00
DeWitt, David
j $
125 00
DeWitt, David
.
$
125.00
Dhaliwal, Gurbaksh
$
125 00
Drew, Matthew
$
66.66
Druckrey, Dan
1 $
..
5.00
Dykers, Obert
$
25.60
Egger, Kortni
$
60.06
Eidschun, Joshua
$
195.00
Ellis, Jeffrey
$
125.00
Evans,Ten
$
12.00
- --
Farrell, Russell
$
46.00
Fay, Terry
$
56.00
Fehlman, Dan
$
27.00
Ferguson, David
$
126.44
Florence, Justin*
$
17.00
Foss, Nicholas
$
129.24
Fox, Randy
$
77.60
Fox, Sheleigh
$
100.00
Franklin, Jerry
$
100.00
Frombley, David
$
25.00
Fry, Shaun
$
16.00
Gaona, Henry
$
i:aoo
Garcia, Manuel
$
...... ...
125.00
-. ......-..
Garcia, Rodolfo
$
125.00
Garibay, Enrique
$
125.00
Garza, Robert
$
60.00
Garza, Roberto
$
62.00
Gehring, Jeremy
$
125.00
Gentry, Aaron
$
127.17
Gerard, Kincade
$
53.00
-
Getz, Ryan
$
25.00
Gigl, Andrea
I $
127.50
Giles, Done
$
125.00
Giovannorn Nicole
$
25.00
Glover, Richard
$
2500
Gold, David
i $
M 40
Goldsbury, James
$
127.51
Gonzalaez-Rodriguez, Juan
$
125.00
Grimme, Theresa
$
5.00
Gunn, Sonia
$
61.30
Gwinner, Thomas
$
62.50
Haddock, Jason
$
606.00 .-._
Hadrath- .0--o rey
i $
104.19
Hagen, Shannon
1 $
76.79
_
Hale Xesia
$
95.00
Hamlin, Ron
{ $
46.00
Handerson, Louis
$
125.00
Hardin, Ricardo
$
51.00
Hargrave, Robert
$
160.60
Harp, Rachel
$
-- -
131.35
Harrell, Marcus
$
125.00
Harris, Morris
$
125.
....-- ... ........
$
.... .
25.00
Hart, David*
$
125.00
Hedstrom Joseph
$
125.00
Hefner, Kyle
$
.....
125.00
........-
Hemlock, Kristen*
11/5/1999
$
125.00
6/5/1995
- --
i $
94.00
9/24/1996
$
125.00
5/12/1999
$
125.00
7/7/1995
$
28.00
7/1/1996
$
66.18
5/4/1999
$
75.00
7/1/1996
$
5.53
9/24/1998
i $
125.66
1/1/2002
$
24.06
5/5/1995
$
126.00
1/6/1998
$
...
131.79
.....
11/19/2000
$
..............
51.20
9/24/1996
$
..... .........
25.00
12/8/1999
$
125.00
2/5/1999
$
125.00
10/5/2000
$
84.80
2/23/2000
1 $
82.70
2/12/1996
$
52.00
/20 2/1500
$
125.60
10/5/1995
$
153.02
12/1/1994
$
67.00
5/15/1999
$
85.00
2/13/1998
$
5.00
1/30/2002
$
195.00
9/24/2001
; $
25.00
4/4/2000
$
130.00
8/3/1999
$
125.00
9/8/1998
• $
125.00
6/25/1999
$
35.50
7/29/1998
$
65.00
12/6/1996
$
62,25
7/10/2000
$
65.00
12/7/1995
i $
127.50
1/28/1998
$
55.00
7/19/1996
$
.
60.00
1/3/2001
4/13/2000
$
125.00
6/2/1997
$
36.12
9/9/1997
I---
$
128.41
5/1/2000
C $
125.00
12/3/1998
$
125.00
10/5/1995
c --
10/5/2000
$
11.50
;.
10/5/1995
$
125.00
1/8/1998
$
125.00
9/24/1996
$
125.00
7/1/1996
$
96.91
4/16/1997
! $
79.37
2/9/2000
$
64.00
10/24/2001
$
125.00
. .........
12/7/1995
; $
153,00
12/2/1999
$
60.00
9/24/1996
i $
125.00
9/10/2001
$
25.0_0
10/5/1995
$
130.08
7/12/1994
$
122.40
- - --- -- --- -
12/22/1999
_
$
-- -
64.00
6/25/2002
$
25.00
6/16/1998
$
125.00
7/1/1996
$
25.00
4/5/2000
$
..._ . .....
125.00
10/9/1998
$
101.00
11/21/2001
$
170.00
9/6/1995
$
126.25
9/14/2000
$
66.00
12/27/2001
$
56.00
1
108
Exhibit A:
NCMI (formerly North Washington Collection) Cancellations -- 2013
Henifin, John
9/25/2000
$
25.00
Long, Aaron
8/24/2000
$
68.00
Hernandez, Jaime
6/11/2001
$
- -
25.00
Luder, Robert
1/11/2001
$
125.00
Hernandez, Michael
6/5/1995
$
82.00
Luna, Mitchell
8/2/1885
$
128.79
Herrick, Daemon*
3/8/2001
$
46.00
Luna, Mitchell
2/25/2000
$
125.00
Herting, Darold
9/6/1995
$
58.00
Lydolph, Chad
11�28/19994/18/0010126/00
! $
75.00
Hickey, Kimberly
5/24/2000
$
125.00
Chad
9/18/00
$
100.00
Hillaire, Kendall
10/1711996
$
26.13
_Lydolph,
MacDonald, James
1/31/200_0
$
125.00
- --- - -...- - -
Hilton, Russell
6/4/1997
$
68.15
'Maconagie, Constance
3/31/1999
$
35.00
Helton, Russell
10/1711996
$
206.25
:Main, James
10/27/1997 --
$
126.44
Hilton, Russell
8/4/1998
$
100.00
Main, James
..._........ .... --... - ._ .... ...;
8/13/1998
-
$
- ----
125.00
Hermann, Lance
1V7/1995
$
55.00
Main, Steven
9/6/1995
$
154.55
Hoag, Karen
10/15/1997
$
126.93
Mann, Michael
7/27/1999
$
125.00
Hodges, Richard
6/21/1999
$
-
50.00
-
Manning, Kay
11/13/2001
i $
25.00
Hoeub, Yi
1/24/2001
$
64.00
-
Manz, Carina
3/26/1999
$
-
62.5-0
Holloway, Stephen
713111997
$
61.26
Markusen, Teens
12/13/2000
$
26.50
Hopfer, Kelly
3/30/1999
$
65.00
Marshall, Jack
1/4/2000
; $
125.00
Huazano, Jose
3/2/1998
$
31.50
Marshall, Phillip
2/2/2001
j $
25.00
Huggins, Leonard
5/19/1999
$
65.00
Marshall, Phillip
8/7/2001
' $
125.00
Hunter, John
7/1/1996
$
128.66
Martin, Becky
6/5/1985
1 $
87.00
Imhoff, Michael
4/27/1998
$
125.00
Martin, Henry
2/12/1996
i $
127.50
... ..... .....
Ivory, Charles
5/29/2001
$
5.00
Martin, Henry
9/24/1996
$
50.00
Ivory, Charles
2/2/2001
$
20.00
Martin, Jay
11/6/1996
' $
12g.56
Jack, Tracy
5/8/1998
$
75.00
Martinow, Tim
6/9/1997
; $
125.00
James, Eva
5/31/1994
$
8.46
Martinow, Tim
4/17/2000
$
125.00
James, Kwina
9/24/1996
$
70.00
Massingham Colette*
4/25/2001
$
82.00
James, Simon
7/18/2000
$
125.00
Mattiesen, Donald
11/6/1995
$
77.00
Jai, Aisha
9/1/2000
$
12.00
Mayfield, David
2/23/1999
$
77.50
Jefferson, John
3/24/2000
$
125 00
McAlpine, Michael
8/26/1999
1 $
125.00
Jefferson, Norman
11/6/1996
$
-
131.08
....... ........
McBride, Moses
7/12/1994
$
........
122.40
Jefferson, Velda
7/11/2001
$
25.00
McCauley, Larry
9/6/1985
$
64.00
John, Jason
6/5/1995
$
-
127.51
- ...... ......
McDermott, Michael
6/6/2000
:. $
55.00
Johnnie, Irving
-
8/13/1998
$
-
125.00
McGuire, Barry
9/24/1996
$
20.00
Johnson, Susan
11/6/1996
$
129.27
McKay, Daniel
5/27/1998
$
5.00
Jones Wayne
9/24/1996
$
125.00
McKay, Daniel
3/12/1997
$
130.84
Jordan Wayne
5/3/1994
$
62.00
McNall, William
10/3/2000
......
t $
125.00
Jordan, Wayne
5/31/1994
$
63.00
McNorton, Jerry
9/24/1996
$
125.00
Jorgenson, Gordon
5/14/1998
s
60.00
McNorton, Jerry
8/14/1998
; $
125.00
Julius, Toni
3/4/1998
$
65.00
Mejia-Morales, Eliseo
9/29/1997
$
128.91
Julius Toni
12/19/1996
$
62.61
Mejia-Rodriguez, Juan
10/18/2o0o
; $
10.00
Junch, Tysop
7/24/1998
$
60.00
Mendoza, Dany
4/18/2001
$
10.00
Kabella, Shannon
11/6/1996
$
128.78
Milczewski, Michael
5/19/1998
$
75.00
Keenan, Robert
11/3/1994
$
67.00
Miller Debbie
7/19/2000
$
60.00
Keener, Cynthia
7/1/1999
. $
125.00
Miramontes, Jose
6/1/1998
$
65.00
Kern, Martin
5/27/1999
$
105.00
Mitchell, Robert
6/9/1999
$
125.00
King Marlene
6/11/1999
$
85.00
Mitteibronn, Jesse
12/8/1999
$
30.60
King Scott
6/23/1999
$
60.00
Morado, Jaime
9/6/1995
I $
151.50
Kleinhuizen, J Keri -
7/1911996
$
95.60
Morningstar, Catherine
10/3/2000
f $
25.00
Klippert, David
9/7/1998
$
125.00
Morris, Kevin
10/7/1998
: $
125.00
Lafarge, Shannon"
311412002
$
56.00
Morris, Marcus
7/12/1994 --'-$
- -- 19.00
Labs, Janna
5/24/2000
$
125.00
Morns, Raydine*
6/13/2000
!$
46.00
Lambert, Lisa
1/26/2000
$
5-.00
Mosely, Bonnie
12/16/19§6
$
62.79
Lane, David
9/24/1996
$
125.00
Mousel, Steven
11/1/1999
$
128.79
Lane, David
----
12/14/1999
$
125.00
Mousel, Steven
11/1/1_999
$
125.00
Larkin, Steve
12/29/1999
$
43.00
Myers, Ron
3/12/2002
$
50.00
Larsen, Deborah
2/2/2001
$
25.00
Nelson, Michael
6/1/1998
$
125.00
Larsen Erik
11/4/1997
$
100.85
_...:
Newhouse Jeremiah (Mack)
11/18/1999
$
125.00
Larson, Ray
7/10/1998
$
125.00
Newhouse, Jeremiah (Mack)
95.00
Lawrence, Issac
7/9/2001
$
25.00
Newman, Paul
512412000
$
125.00
Lemon, Kymberley
5/5/1995
$
52.00
Nickolsen, George
7/12/1994
$
122.40
LeMuiex, Ryan
1113/99 7/7/00
$
31.20
Nicolaas, Ron
10/4/1994
$
123.63
Lenning, Mike
9/24/2001
$
25.00
O'Connell, Colin
6/28/2000
$
8.50
Libo Lesley*
6/5/2001
$
46.00
Olivine, Corporation (Smith, Corky)
12/16/1997
$
13,024.00
Lingbloom, Rebecca
3/g/1999
$
125.00
Olson, Darrell
2/15/2000
I $
125.00
Lobach Jennifer
4/12/2001
$
125.00
Ortiz Jose Luis
11/17/1999
$
125.00
Lochrie, Shawn
9/7/1999
$
125.00
Owen, Mark
10/5/1995
$
150.00
Logsdon, Michael*
2/23/2001
$
34.71
Palmer, Janice
5/18 & 6/18/99
$
143.50
Lomas, Rachael
5/28/1997 11/26/97 9/23/98
$
60.00
Palmer, Julie*
111 /25/2001
$
46.00
2
109
Exhibit A:
NCMI (formerly North Washington Collection) Cancellations -- 2013
Panick, Jerome
11/22/2000
$
25.00
Smith, Daniel
6/5/1995
$
153.02
Panick, Jerome
9/29/1997
$
127.59
Smith, Dennis
11/10/1997
$
25.17
Papp, Dorinda
7/1/1996
$
52.01
Smith, Hazen
7/30/2001
$
125.00
Parton, Duane
10/24/2000
$
30.00
Smith, Jana
1/11/2001
$
25.00
Patterson, John
9/18/2001
$
125.00
Smith, Stormee
7/19/1996
$
65.00
Perez, Eddie
10/4/1994
$
147.91
Smith, Stormee
4/7/1997
$
31.14
Perez, Juanita
7/1/1999
$
20.00
- -
Smith, Virginia
-- - -
10/5/1995
-
$
-
63.00
Perkins, David
10/30/1998
$
125.00
Smyth, Charles
2/7/2001
$
125.00
Perret, Virginia
12/19/2000
$
25.00
Sofie, Donna
5/4/2000
$
125.00
Peterson, Chris for Seth
3/10/2000
$
20.00
Soloman, Thomas
9/7/1994
$
221.51
Phair, Robert
7/25/1997
$
61.95
Solomon, Lester
6/25/2001
$
$
25.00
Phair, Robert
10/5/2000
$
125.00
Solomon, Terrence
11/14/00 & 12/19/00
$
- -
150.00
Pierre, Bruce
4/30/2001
$
125.00
Solomon, Thomas
9/3/1997
$
128.68
Polinkus, Brook
6/12/2001
$
25.00
Solomon, Thomas
3/23/2001
i $
125.00
Porras, David
4/14/1998
$
125.00
Solomon, William
1/3/2001
$
125.00
Porter, Daniel
8/31/1998
$
92.21
Spaulding, Gary
1/26/2000
$
125.00
Porter, Timothy
7/19/1999
$
125.00
Spriggs, Henry
12/8/1999
$
38.40
Posey, Timothy
2/4/2002
$
75.00
Staton, Reginald
5/20/1998
$
100.00
Potts, William
1/16/1998
$
60.00
-
Steele, Jason
-
- 6/11/1998
-
$
--
85.00
Powell, Jay Dee
4/9/2001
-
$
125.00
-
Stevens, Tish
-
8/2/1995
$
-
8.00
Powers, Kenneth
3/3/2001
$
125.00
Stivers, Madalynn
2/3/1995
$
28.00
Powless, Keith
11/1/2000
$
64.00
Stocker, Randy
11/3/1994
$
125.00
Prado, Kenneth
6/28/2000
$
125.00
Strugeon, Janelle
9/15/1998
$
125.00
Puente, Julie Ann
8/9/2000
$
62.50
Stubbs, Troy
1/6/1999
$
125.00
Pullar, Damian
5/15/2000
$
125.00
Sturgeon, Kyle
2/12/1996
$
82.00
Guiding, Jeremy
7/10/1997
$
65.62
Sulkanum, Kalvin
11/7/2000
$
25.00
Ralstin, Ryan
3/15/2001
$
40.80
Sullivan, James
_
11/8/2000
$
125.00
Randmel, Bernard
9/7/1994
$
13.00
Swope, John
7/9/1998
$
125.00
Rasmussen, Jay
1/4/1996
$
77.00
Tageant, Anna Marie*
2/23/2001
$
56.00
Rasmussen, Patrick
6/11/2001
$
5.00
Taplin, Shawn
11/9/2000
$
85.00
Redner, Cynthia
8/15/1997
$
1,643.00
Tarr, Michael
1/31/2001
$
25.00
Reece, Vivian*
1/8/2001
$
-
312.56
Taylor, Tye
6/6/2001
$
_
125.00
Reed, Aaron
2/2/2001
$
25.00
Tecero, Pedro
5/22/1999
$
125.00
Revey, Dennis
10/5/1995
$
88.79
Tellez, Emmanuel
6/2/1997
$
31.11
Rhoades, Johnnie
10/6/2000
$
125.00
Tellez, Emmanuel
8/24/1998
$
60.00
Rhoades, Johnny
6/17/1999
$
117.50
Templin, Ryan
1/4/1996
$
85.00
Rice, Mark
11/6/1995
$
102.01
Thiel, Garth
7/2/1996
$
65.00
Ricker, Randy
12/16/1996
$
52.47
Thompson, John
9/27/2000
$
125.00
Ridley, Richard
4/6/1998
$
60.00
Thornton, Sara for Jacob Murphy
9/5/2001
$
16.00
Roberts, John
12/8/1999
$
125.00
Tidwell, Donald
5/5/1995
$
62.00
Robertson, Sharon*
9/3/2001
$
88.00
Tillerson, Travis
10/16/2000
$
0
25.00
Robinson, Donald*
6/27/2001
$
80.00
Tilley, Tricia
-
3/5/2002
. -
$
--
25.00
Rodriguez, Benito
8/17/1998
$
125.00
-
Tinney, Michael
9/24/1996
$
-
50.00
Roedell, Natalie
6/12/1998
$
5.00
Tom, Aluin
12/1/1994
$
3.00
Rosario, Patricia
4/12/1996
$
129.68
Tomas -Gaspar, Pedro
6/2/1997
$
61.94
Roubideaux, Frank
9/25/1997
$
61.30
Torn, Anthony
5/1/1998
$
125.00
Rowe, William
5/2/2000
$
15.00
Torres, Frank
-
7/12/1994
-
$
72.00
Salinas, Guadalupe*
9/11/2000
$
40.00
Trail, Kenneth
10/511995
$
60.00
Saulie-Rohman, Fletcher
2/23/2000
$
55.00
Turner, Elida
6/27/2000
$
.0
125.00
Savage, Richard
7/2/1996
$
93.00
Turner, Randall
2/5/1999
----
$
75.00
Savage, Richard
5/3/2000
$
125.00
Uno, Mayumi
2/25/2001
$
64.00
Scarborough, Cleo
10/4/1994
$
28.00
VanBeek, Jeff
5/5/1995
$
61.00
Schenk, Nicholas
10/4/1994
$
23.00
Vance, Terry
12/14/2000
$
25.00
Schmidt, Jeremie
9/29/1997
$
62.47
VanderGiessen, Beverly
11/13/00 & 11/28/00
$
10.00
Scott, Jamie
1/9/1998
$
65.00
Vanderpol, Loren
6/30/1997
$
51.33
Seim, Debra
9/6/1995
$
64.00
VanderPol, Lyle
4/25/1997
$
41.94
Sernesky, William
12/16/1999
$
60.00
Vasquez, Ricardo
6/19/2001
$
25.00
Sheaner, Tami
12/1/1994
$
62.00
Vasquez, Timothy
10/4/2000
$
115.00
Shelton, Tonya
6/17/1997
$
60.89
Veenker, Michael*
8/27/2001
$
220.00
Shuffelen, Donald
2/3/1995
$
93.00
Veliz, George
4/6/1998
$
125.00
Shute, Philip
8/30/1999
$
125.00
Veliz, Simon
10/20/1997
$
82.14
-
Simmons, Mark
- --
2/4/1998
$
60.00
Vess, Clay
7/1/1996
-
$
_
77.12
-
Simmons, Priscilla*
5/30/2000
$
46.00
Walker, Loren
-
7/1/1999
--
$
_
5.94
Siquendo Machic, David
5/8/2000
$
25.00
Walton (Cooper), Levi
1/22/2001
$
25.00
Skondin, Thomas
10/15/1999
$
125.00
:Warren, Jodie
3/4/2002
$
25.00
Smart, Donny
2/26/2001
$
33.50
Washington, Darlene
10/16/2000
$
25.00
Smith, Anthony
2/12/1996
$
62.00
Watson, Dennis
5/27/1999
' $
125.00
3
110
Exhibit A:
NCMI (formerly North Washington Collection) Cancellations -- 2013
Weaver, Chad
6/18/1997
$
58.00
Wells, Patricia
4/23/2001
$
38.50
Westford, Jacob
7/23/1997
$
73.08
Whaley, Deanna
1/9/1997
$
64.57
Wheatley, Candace
5/22/1999
$
125.00
White, Lonnie
1/19/2001
$
33.50
Whitecotton, Leanne
9/29/1997
$
130.10
Whitehead, Carla
10/4/2000
$
125.00
Whitten, Steve
1/22/2001
$
62.50 -
Wilbur, Claude
3/22/2001
$
125.00
Wilbur, Nadine
9/2/1999
$
60.00
Williams, Casey
1/6/1999
$
125.00
Williams, James
12/6/2000
$
55.50
Williams, Joseph
2/8/2001
$
25.00
Williams, Joseph
1/16/2001
$
25.00
Williams, Michael
12/13/2000
$
125.00
Williams, Tracy
7/1/1996
$
75.00
Williams, Walter*
6/27/2001
$
56.00
Wilson, Caressa
1/28/00 & 3/2/00
$
130.00
Wilson, David
10/15/1999
$
100.00
Wilson, Robin
5/11/2000
$
125.00
Wilson, Susan
2/17/1999
$
5.00
Winebarger, Brook
5/29/1997
$
128.95
Wisniewski, Adam
12/19/2000
$
25.00
Wisniewski, Adam
7/24/2001
$
25.00
Wisniewski, Adam
7/31/2001
$
25.00
Wold, Walter
8/2/1995
$
154.55
Wols, Walter
9/2/1997
$
130.73
Woods, Darlene
5/8/2001
$
25.00
Wright, Caroline
5/29/2001
$
25.00
Wright, Gerald
6/13/2001
$
125.00
York, John
9/17/1998
$
125.00
Young, Jeffrey
4/20/1999
$
10.00
Zamora, Don
5/31/1994
$
82.00
Zamora, Don
7/12/1994
$
83.00
Zamora, Steven
9/2/1997
$
26.15
Zinn, Raymond
4/15/1997
$
80.87
Totals
$ 50,710.79
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-408
CLEARANCES
Initial
Date
Date Received in Council
Agenda
Assigned to:
O ice
Date
Originator:
LR
1111"3
�Q
/10/13
Finance /Council
Division Head:
119 (( 3
DEC 0 3 201
Dept. Head:
['� � �7j
WKNTGOM COUNTY
Prosecutor:
i 3
COUNCIL
Purchasin Bud et:
Executive:
TITLE OF DOCU T.-
Addendum #2 to the Contract for Services Agreement for Physician Services at the Whatcom County Jail and Work
Center.
ATTACHMENTS:
Letter to Jack Louws
Two originals of Addendum #2 to Whatcom County Corrections Physician Services Agreement #201111008
SEPA review required? ( ) (X) NO
Should Clerk schedule a hearing
SEPA review completed? () Yes ( ) NO
() Yes (X) NO
Requested Date.
SUMMARY STA TEMENT OR LEGAL NOTICE LANGUAGE.
The purpose of this addendum is to increase the monthly salary and renew the Physician Services Agreement
#201111008, which provides Physician's services in the Whatcom County Jail and Jail Work Center. This
agreement will be updated to a three month period to commence on the First day of January, 2014 and end on the
Thirty-first day of March, 2014.
COMMITTEE ACTION.
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the
County's website at: www.co.whatcom.wa.us/council.
[Type text]
112
.ATCOM COS
SHERIFFS OMCE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
(360) 676-6650
J= PAM
UNDERSHERIFF
ART EDGE
CHIEF DEPUTY
DOUG CHA-DWICI{
CHIEF DEPUTY
Sn'VE COOLEY
CHIEF INSPF_CTOR
R E C.; VEUT'IoTs
NOV 26 2013
MEMORANDUM JACK LOUWS
TO: Jack Louws, County Exe V TY EXECUTIVE
FROM: Bill Elfo, Sherif
RE: Addendum #2 to Contract for Services Agreement #201111008 for Jail
Physician Services
DATE: November 19, 2013
Enclosed are two (2) originals of Addendum #2 to Whatcom County Jail Physicians Services
Agreement #201111008 between the Whatcom County Jail and Dr. Stuart Andrews, MD, for
your review and signature.
■ Background and Purpose
Dr. Andrews was awarded the County bid for physician services for the Whatcom County Jail
and Work Center. His services meet the standards set for our accreditation with the National
Commission on Correctional Health Care.
■ Funding Amount and Source
Funding for this agreement will be from cost center 118160.6635.006. The maximum
compensation to the Contractor for this three month contract shall not exceed $23,775.00 and
is an increase over the previous compensation rate of $16,027.50 for three months.
The increased compensation to Dr. Andrews will be off -set by an increase in revenue
generated from the Jail Commissary. The Commissary contract went out to bid this year. The
vendor with whom we are in contract negotiations included a $50,000.00 increase in their
guaranteed commissary commission payments to the County. This amount will more than
cover the increase in physician services.
■ Differences from Previous Contract
This year, Dr. Andrews requested a review of his compensation rate in comparison to other
physicians in the community. Chief Jones researched average salaries for Family Practice
Physicians in the Bellingham/Whatcom County area, and determined that the average was
$120.00 per hour, an amount higher than the original negotiated compensation rate of $82.19.
This contract reflects an increase in the hourly compensation to Dr. Andrews to reflect both
the average rate of compensation for physicians in our area, and an increasing level of acuity
for offenders needing medical treatment in our facilities.
113
Ou.r,Visi.on: The Office of Sheriff: Dedicated to malting Whatcom County the Safest in the State through Excellence in Public Safety.
A new condition has also been added to the Contract. Dr. Andrews will be obligated to obtain
his special certification to prescribe a medication that will allow us to more safely withdraw
offenders from opiates without hospital intervention, and treat pregnant, opiate addicted,
offenders in the facility. This is anticipated to reduce trips and admissions to the local hospital
for complications due to opiate withdrawal. He will obtain this certification no later than
March 31, 2014.
This addendum extends the expiration date to March 31, 2014. Dr. Andrews has taken a
physician position with Snohomish County, but has agreed to work through March of 2014 to
allow us ample time to find a qualified replacement. The new Doctor will be selected as a
result of a RPQ/RFP process and a new contract will be created at that time.
Please contact Laurie Reid at extension 50467, if you have any questions or concerns
regarding the terms of this agreement.
Enclosures (2)
114
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
fi()// / / o C)
Originating Department.
Whatcom County Sheriff/Corrections
Contract Administrator:
Laurie Reid
Contractor's / A enc Name:
Dr. Stuart Andrews, MD
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _x_ No
Yes __ No _x_ If Amendment or Renewal, Original Contract # 201111008
Does contract require Council Approval? Yes x— No
Is this a grant agreement?
Yes ` No _x_ If yes, grantor agency contract number(s) CFDA #
County Grant Administrator Extension #:
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 x No If yes, RFP and Bid number(s) 11-54 Cost Center: 118160.6635.006
Is this service agreement excluded from E-Verify? Yes _x_ No If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional
❑Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
❑ Interlocal Agreement (between Govt's) ❑ Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of orig contract amt and any prior
Contracts that require Council Approval (incl. agenda bill & memo)
amendments)
• Professional Services Agreement above $25,000.
$16,027.50 for 3 months
• Bid is more than $40,000.
0 Amendments that have either an increase greater than 10% or
This Amendment amount:
Provide a $10,000 increase in amount (whichever is greater)
$7,747.50
RENEWALS: Council approval is not required when exercising an
Total Amended Amount: $23,775.00
option to renew that is provided in the original contract.
Summary of Scope:
Dr. Andrews provides physician services to inmates at the Whatcom County Jail and Work Center. The total amended
amount reflects the average rate of compensation for physicians in our area.
Term of Contract: 3 months I
Expiration Date: 03/31/14
Contract Routing Steps & Si ng off [sip or initial] [indicate date transmitted]
1. Prepared by: LR Date 11/19/13 [electronic]
2. Attorney reviewed: g4ego!�� Date i %ft*11 13 [electronic]
3. AS Finance reviewed: Date IV. 113 [electronic]
4. IT reviewed, if IT related Date [electronic]
5. Corrections made: Date [electronic] hard copy printed
6. Attorney signof£ Date it�7
7. Contractor signed: Date -/3
8. Submitted to Exec Office ✓ Date [summary via electronic; hardcopies]
9. Council approved (if necessary) Date
10. Executive signed: Date
11. Contractor Original Returned to dept; Date
12. County Original to Council Date
Last Edited 5/1/13
115
"
A Whatcom County Contract No.
ADDENDUM NO 2 "7 U/% P I 0 0 9- a
WHATCOM COUNTY JAIL
PHYSICIANS SERVICE CONTRACT
THIS ADDENDUM #2 is to the Whatcom County Jail Physician Services Contract between Dr. Stuart Andrews
and Whatcom County dated November 23, 2011 and designated "Whatcom County Contract #20111008".
This addendum constitutes the second renewal of Whatcom County Contract No. #20111008 and changes the following
items:
The first full paragraph to read as follows: The term of this Agreement shall commence on the I' day of January, 2014,
regardless of date of signature, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on
the 31" day of March, 2014. The term of the original Agreement may be renewed for up to four (4) one-year terms for a total
of five (5) years by mutual agreement of the parties, with the last renewal ending December 31, 2016. Notice of the intention
to extend the agreement shall be presented in writing by either party on or before December I" of any year.
Page 8, new section H to read as follows: The Contractor will obtain his certification to prescribe the medication
BuprenorphinelSuboxone, for the treatment of opiate addition/withdrawal, no later than March 31, 2104.
Exhibit "B" (Compensation), Section I (1) changes to read as follows: The County shall pay the Contractor for services
rendered at a monthly rate of $7,800.00.
Exhibit "B" (Compensation), Section I (6) changes to read as follows: The maximum annual compensation to the Contractor
for this contract shall not exceed $23,775.00.
Exhibit "B" (Compensation), Section I (4) changes to read as follows: The Contractor will be responsible for paying all costs
of said education and shall submit an invoice to the County for these costs with substantiating receipts, not to exceed
$375.00.
Unless specifically amended by this agreement, all other terms and conditions of the original agreement and any previous
amendments shall remain in full force and effect.
IN WITNESS WHEREOF, Whatcom County and Dr. Stuart Andrews, have executed this Addendum on the date
and year below written.
CONTRACTOR:
Dr. Stuart Andrews, MD
STATE OF WASHINGTON
ss.
COUNTY OF w k vA+ c- Q ,
LAUREEN S. REID
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
OCTOBER 29, 2016
On this 1 q day of Nov , 20 i:3 before me personally appeared Dr. Stuart Andrews, MD, to me known to be the
Physician to work at the Jail and who executed the above instrument and who acknowledged to me the act of signing and
sealing thereof.
NOTARY
PUBLIC in and for the State of Washington, residing at
C-�2 My commission expires 10
4
116
WHATCOM COUNTY:
Recommended laor:
409-
Bill Elfo, h Date
Approved as to form:
WW13
Prosecuting Afjmey Date
Approved:
Accepted for Whatcom County:
By:
Jack Louws, Whatcom County Executive
STATE OF WASHINGTON )
) ss
COUNTY OF W14ATCOM )
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:
Dr. Stuart Andrews, MD
Address:
3391 Robertson Rd.
Bellingham, WA 98226-8606
Mailing Address:
Same
Contact Name: Dr. Stuart Andrews, MD
Contact Phone: 360.380.1261 cell: 360.410.1635
Contact Fax: 360.380.1565
Contact Email: sturobandrews@gmail.com
117
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-409
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
('
Eric L. Schlehuber
`
f I:_7) " I -
\/
12/10/13
Finance / Council
Division Head:
If' -is
Jeff Gollen
0��
Dept. Head:
Frank A Abart
Ac�
'
0/�2
/DEC
Prosecutor:
ti �26 /13
DanielL.Gibson
WHATCOM COUNTY
COUNCIL
Purchasing/Budget:
ON
Brad Bennett
Executive:
Of
g
Jack Louws
TITLE OF DOC T: Interlocal Agreement between Whatcom County and City of Bellingham
ATTACHMENTS: Memo and Interlocal Agreement
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.)
Approval and authorization for the County Executive to enter into an Interlocal Agreement between
Whatcom County and the City of Bellingham, for the purposes of providing for the joint usage of the
Vactor Waste Site Facility from January 1, 2014 through December 31, 2014.
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website
at: www.eo.whatcom.wa.us/council.
118
MAINTENANCE Et OPERATIONS DIVISION
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
FRANK M. ABART
Director
MEMORANDUM
TO: The Honorable Jack Louws, County Executive and
The Honorable Members of the Whatcom County Council
THROUGH: Frank M. Abart, PW Director
FROM: Jeff Gollen, PW Maintenance & Operations Superintendent
RE: 2014 Interlocal Agreement - City of Bellingham
Joint Usage of the Vactor Waste Transfer Facility
DATE: November 21, 2013
901 W. Smith Road
Bellingham, WA 98226-9610
Phone (360) 676-6759
Fax (360) 676-6879
Jeff Gollen, Superintendent
�!OV 2 6 2010
■ Requested Action
Enclosed for your review and signature are two (2) Interlocal Agreement originals between Whatcom County Public Works
and City of Bellingham.
■ Background and Purpose
Whatcom County and the City of Bellingham first entered into an Interlocal Agreement, dated November 5, 2001 (Whatcom
County Contract 200110028, City Contract 2001-0295) to establish the terms and conditions under which they mutually
agreed to provide for the joint installation and maintenance of a beneficial re -use facility for street waste over a ten-year
period.
New agreement was approved on December 6, 2011 (Whatcom County Contract 201111036) and extended through
December 31, 2013.
■ Funding Amount and Source
Adequate funding exists within the 2013-2014 Budget.
■ Differences from Previous Contract
This replaces Interlocal Agreement 201111036, which expires December 31, 2013. During both 2012 and 2013 there was
no price increase from the City's $36.77/ton disposal rate and annual Whatcom County expenditures of approximately
$50,000.
For the 2014 rate, the City reviewed the actual expenses over the last two+ years and determined that a rate increase was
necessary based primarily on the current cost of outside disposal of the material at $57.75/ton. Vactor waste is dried at the
facility resulting in a 15% reduction in weight. The 2014 rate established by the City is $54.36 per ton, this includes $4.47
per ton for operating the site and 2% allowance for increase cost of outside disposal.
■ Recommended Action
Please approve this agreement and forward to the Executive and the Whatcom County Council for approval at the
December 10, 2013 Whatcom County Council Meeting. Interlocal Agreement will be run concurrently between both
councils for approval, City of Bellingham on December 9, 2013 and Whatcom County on December 10, 2013; signatures will
be obtained once this agreement has been approved through both councils. Please contact Jeff Gollen at extension 50660,
if you have any questions or concerns regarding the terms of this agreement.
Enclosures 119
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County Contract No.
'�2'J/_3//G.1®
Originating Department:
Public Works / Maintenance & Operations Division
Contract or Grant Administrator:
Jeff Gollen, Maintenance & Operations Superintendent
Contractor's / Agency Name:
City of Bellingham
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes No
Yes X No If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes X No
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 agreement excluded from E-Verify? No Yes X If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than$100,000 ❑ Contract for Commercial off the shelf items (COTS)
❑ Contract work is all performed outside U.S. ❑ Work related subcontract less than $25,000
x❑ Interlocal Agreement (between Govt's) ❑ Public Works — Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$
• Bid is more than $40,000.
This Amendment Amount:
. Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$
RENEWALS: Council approval is not required when exercising an
option renew that is provided in the original contract.
Summary of Scope: Provide for the continued joint usage of the Vactor Waste Transfer Facility between Whatcom County and the
City of Bellingham.
Term of Contract: 1 year Expiration Date: December 31, 2014
Contract Routine Steps & Sisnoff. fsien or initial] findicate date transmitted
1.
Prepared by: Deb Douglas
Date
11/13/13
[electronic]
2.
Attorney reviewed: Daniel L. Gibson
Date
11116113
[electronic]
3.
AS -Finance reviewed: bbennett
Date
11/19/13
[electronic]
4.
IT reviewed if IT related:
Date
[electronic]
5.
Corrections made: Deb uglas
Date
11/15/13
Lele tropic] hard copy printed
6.
Attorney signoff: Daniel L. Gibson
Date
11116113
1146/13
7.
Contractor signed:
Date
8.
Submitted to Exec Office:
Date
[summary via electronic; hardcopies]
9.
Council approved (if necessary):
Date
10.
Executive signed:
Date
11
Contractor Original Returned to dept:
Date
12.
County Original to Council
Date
120
Whatcom County Contract No.
WHATCOM COUNTY CONTRACT
ATTORNEYREVIEW
[submit via electronic transmittal]
Originating Department:
Public Works / Maintenance & Operations Division
Contact Person:
Jeff Gollen, Maintenance & Operations Superintendent
Contractor's Name:
of Bellingham
—City
First Review:
X Approved As Is; Prepare Hardcopy for Signoff
Needs Revision; Attorney Comments for suggested changes:
Second Review:
C- Implemented Attorney Corrections as Indicated
J Approved; Prepare Hardcopy for Signoff
j Additional Corrections Needed; Attorney Comments for suggested changes:
Please indicate any Special Dates or clauses that require calendaring:
L_
Leave this page attached to summary coversheet until final signoff by attorney. Do not leave attached when routing to Contractor
for signature.
121
City of Bellingham Contract No. Wha"t�c/ohm County Contract No.
INTERLOCAL AGREEMENT
CITY OF BELLINGHAM — WHATCOM COUNTY
VACTOR WASTE FACILITY USE
Pursuant to the Washington State Interlocal Cooperative Act, RCW Chapter 39.34,
and to other provisions of law, this Interlocal Agreement is entered into by and between THE
CITY OF BELLINGHAM (City), a municipal corporation of the State of Washington, and
WHATCOM COUNTY (The County), a municipal corporation of the State of Washington
located in Whatcom County, Washington, for the purpose of utilization of certain operational
services, to the mutual advantage of each jurisdiction.
WHEREAS, the County desires to utilize the City's vactor waste facility located at 2140
Division Street, Bellingham, WA for the purposes of disposing or recycling of its street sweeping
and vactor waste,
WHEREAS, the City has available capacity at this time to store and process The
County's street sweeping and vactor waste,
WHEREAS, the County is being required by the Department of Ecology (DOE) and
Whatcom County Department of Health (DOH) to dispose of this waste in a manner deemed
appropriate by those agencies,
WHEREAS, RCW 39.34 permits governmental entities to enter into Interlocal
Agreements to accomplish mutually beneficial purposes in the public interest;
NOW, THEREFORE, THE CITY OF BELLINGHAM AND WHATCOM COUNTY
AGREE AS FOLLOWS:
1. PURPOSE: The purpose of the Interlocal Agreement is to authorize and to define the terms
under which the City will provide certain services to The County as further delineated herein.
2. TERM: The term of this Interlocal. Agreement shall commence upon full execution of this
document by all parties and the filing of this Interlocal Agreement as set forth in RCW
39.34.040. This Interlocal Agreement shall terminate on the 31 st Day of December, 2014, unless
terminated or renewed as elsewhere provided in the Interlocal Agreement.
3. SCOPE OF SERVICES: The scope of services is as provided in Exhibit A of this Interlocal
Agreement, which is attached and incorporated herein, as may be amended from time to time.
4. PAYMENT: Payment to the City for services will be on a per ton basis and as outlined in
Exhibit A, which is attached and incorporated herein, as may be amended from time to time.
Upon receipt of an invoice from the City, The County shall remit the above amount on a monthly
basis to the City of Bellingham Public Works, Financial Services Division, 2221 Pacific Street,
Bellingham, WA 98229 for the duration of the Term of this Interlocal Agreement.
Interlocal Agreement City of Belliria
Joint Usage of Vactor Waste Transfer Facility Page 1
The County shall be responsible for payment of any taxes due to the Washington State
Department of Revenue on any payments made under this Interlocal Agreement.
The City shall submit invoices to The County on a monthly basis for services performed the prior
month. The invoice shall reference this Interlocal Agreement.
The City shall keep clearly detailed records covering all services authorized under this Interlocal
Agreement.
5. RELATIONSHIP TO THE PARTIES: The parties agree that they are each independent
entities operating pursuant to the terms and conditions of this Interlocal Agreement. No agent,
employee, servant or representative of any party shall be deemed to be an employee, agent,
servant or representative of any other party for any purpose. Each party will be solely and
entirely responsible for its acts and for the acts of its agents, employees, and servants during the
term of this Interlocal Agreement.
6. MUTUAL INDEMNITY: To the extent of its comparative liability, each party agrees to
indemnify, defend and hold the other party, its elected and appointed officials, employees,
agents, and volunteers, harmless from and against any and all claims, damages, losses, and
expenses, including but not limited to court costs, attorneys' fees and alternative dispute
resolution costs, for any personal injury, for any bodily injury, sickness, disease, or death, and
for any damage to or destruction of any property, including the loss of use resulting therefrom,
which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its
elected and appointed officials, employees, agents, or volunteers.
A party shall not be required to indemnify, defend, or hold the other Party harmless if the claim,
damage, loss or expense for personal injury, for any bodily injury, sickness, disease, or death, or
for any damage to or destruction of any property, including the loss of use therefrom, is caused
by the sole act or omission of the other Party.
In the event of any concurrent act or omission of the parties, negligent or otherwise, each party
shall bear its own defense costs and shall pay its proportionate share of any damages awarded
based upon comparative liability.
The parties agree all indemnity obligations shall survive the completion, expiration, or
termination of this Agreement.
7. EXTENT OF AGREEMENT: This Interlocal Agreement contains all of the terms and
conditions agreed upon by the parties. The parties agree that there are no other understandings,
oral or otherwise, regarding the subject matter of this Interlocal Agreement.
8. MODIFICATION: No changes or modifications of this Interlocal Agreement shall be valid
or binding upon either party to this Interlocal Agreement unless such changes or modifications
are in writing and executed by authorized representatives of both parties.
Interlocal Agreement City of BelliV
Joint Usage of Vactor Waste Transfer Facility Page 2
9. RESPONSIBLE PERSONS: The persons responsible for administration of this Interlocal
Agreement on behalf of each party shall be the Bellingham Director of Public Works, and the
Whatcom County Director of Public Works. All correspondence, letters or other notices shall be
directed to the foregoing parties at the following addresses/phone numbers, or to their established
agency designee:
Superintendent of Maintenance Maintenance & Operations Superintendent
City of Bellingham Public Works Whatcom County Public Works
2221 Pacific Street 901 West Smith Road
Bellingham, WA 98229 Bellingham, WA 98226-9610
(360) 778-7700 (360) 676-6759
10. TERMINATION: This Interlocal Agreement may be terminated by either party upon the
giving of ninety (90) days' written notice to the other, at which time any remaining financial
obligations for services rendered prior to termination shall be paid in full.
11. CONSEQUENTIAL DAMAGES: In no event and under no circumstances shall the City be
liable to The County for any interest, loss of anticipated revenue, increased expense of
operations, loss by reason of shutdown or non -operation, or for any consequential, indirect or
special damages.
12. DIRECTION AND CONTROL: The parties hereto do not intend to create any separate or
legal administrative entity by this Interlocal Agreement but, rather, intend for this mutual
Interlocal Agreement to govern for the purposes contained herein.
13. PROPERTY AND EQUIPMENT: The ownership of all property and equipment utilized in
association with this Interlocal Agreement shall remain with the original owner unless
specifically and mutually agreed to by both parties.
14. STATUS OF AGREEMENT: This Interlocal Agreement is in addition to, and is not
intended to replace, substitute, modify or otherwise amend any other agreement between the City
and The County. This Interlocal Agreement is only limited to the purposes stated herein. Any
other agreements continue in effect according to the specific terms of those agreements.
15. COMPLIANCE WITH LAW: All parties to this Interlocal Agreement shall comply with all
applicable federal, state and local laws, rules and regulations in carrying out the terms and
conditions of this Interlocal Agreement.
16. FURTHER COOPERATION: The parties shall fully and completely cooperate with one
another in good faith at all times, so that the terms and spirit of this Interlocal Agreement may be
fully implemented. All parties have had the ability to negotiate the terms of this Interlocal
Agreement on an equal basis. This Interlocal Agreement shall be reasonably interpreted and not
weighed in favor of or against any party.
17. SURVIVABILITY: All covenants, promises, and performances which are not fully
performed as of the date of termination shall survive termination as binding obligations.
Interlocal Agreement City of Bellir92a
Joint Usage of Vactor Waste Transfer Facility Page 3
18. WAIVER: No failure by any of the foregoing parties to insist upon the strict performance of
any covenant, duty, agreement, or condition of this Interlocal Agreement, or to exercise any right
or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or any
other covenant, agreement, term or condition. Any party hereto, by notice, and only by notice as
provided herein may, but shall be under no obligation to, waive any of its rights or any
conditions to its obligations hereunder, or any duty, obligation or covenant of any other party
hereto. No waiver shall affect or alter this Interlocal Agreement, and each and every covenant,
agreement, term, and condition of this Interlocal Agreement shall continue in full force and
effect with respect to any other then existing or subsequent breach thereof.
19. SEVERABILITY: If any provision of this Interlocal Agreement is held to be invalid, illegal
or unenforceable for any reason, that holding shall not affect or impair, in any manner, the
validity, legality or enforcement of the remainder of this Interlocal Agreement.
CITY OF BELLINGHAM WHATCOM COUNTY
Dated this day of 2013
Kelli Linville, Mayor
Attest:
Finance Director
Department Approval:
Director of Public Works
Approved as to form:
Office of the City Attorney
Dated this day of
Jack Louws, County Executive
Depa ent Appv
Director of Public Works
A proved as to form:
s
Civil Deputy Prosecuting Attorney
2013
Interlocal Agreement
Joint Usage of Vactor Waste Transfer Facility
City of Belligg
Page 4
STATE OF WASHINGTON
ss
COUNTY OF WHATCOM
I CERTIFY that I know or have satisfactory evidence that KELLI LINVILLE is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she
was authorized to execute the instrument and acknowledged it as the MAYOR of the CITY OF
BELLINGHAM to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED
SIGNATURE OF NOTARY PUBLIC
NAME PRINTED
Notary Public
TITLE
MY APPOINTMENT EXPIRES
STATE OF WASHINGTON
ss
COUNTY OF WHATCOM
I CERTIFY that I know or have satisfactory evidence that JACK LOUWS is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the EXECUTIVE of WHATCOM
COUNTY to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED
SIGNATURE OF NOTARY PUBLIC
NAME PRINTED
Notary Public
TITLE
MY APPOINTMENT EXPIRES
Interlocal Agreement City of Bellirj2&
Joint Usage of Vactor Waste Transfer Facility Page 5
FXH IR IT A
Vactor Waste Facility Use
In consideration for the use of the City of Bellingham's ("City") Vactor Waste Facility
("Facility"), Whatcom County (hereinafter the "User"), located at 901 West Smith Road,
Bellingham, WA 98226, covenants and agrees to comply with the following terms and
conditions:
"Users":
Contact Person:
Phone Number:
Email Address:
Section 1— Purpose
The purpose of this Interlocal Agreement is to allow public sector use of the Facility. As further
described herein, User's ability to use the Facility requires full compliance with this Interlocal
Agreement's terms and conditions, including but not limited to:
• Dumping only "ACCEPTABLE WASTE"' (Section 2 — ACCEPTABLE WASTE)
• Dumping in an appropriate manner (Section 3 — DUMPING OPERATION)
• Obtaining Training (Section 4 — REQUIRED TRAINING)
• Complying with Safety Rules and Regulations (Section 5 — SAFETY)
• Payment (Section 6 — COST OF SERVICE)
• Such other terms and conditions as contained herein
Section 2 — Acceptable Waste
2.1 User shall be solely responsible to ensure that only Acceptable Waste is deposited at the
facility. For purposes of this Interlocal Agreement ``Acceptable Waste'' is defined herein
as:
• Street sweepings are wastes collected by utilizing a street sweeper to collect grit, dirt,
vegetative waste and litter from roadway surfaces.
• Vactor wastes includes, grit, dirt and vegetative waste collected by an eductor truck
during the cleaning of storm water catch basins.
2.2 Any materials that are odorous or are from a chemical spill are specifically not
considered Acceptable Waste products and shall not be deposited at the Facility. For the
purposes of the Agreement, "odorous" is defined as: Odor that is beyond what is normal
and expected for street sweepings and vactor wastes based on industry standards for like
sweepings and waste.
Interlocal Agreement City of Belli42;7
Joint Usage of Vactor Waste Transfer Facility Page 6
2.3 In the event unacceptable waste or materials are dumped at the Facility, the responsible
party shall pay all costs associated with the proper removal and deposition of the
contaminated materials. Removal and disposing of unacceptable waste or materials shall
be in accordance with the approved practices and regulations of the State of Washington,
including but not limited to the Washington State Department of Ecology, and the
Whatcom County Health Department.
2.4 The City reserves the right to find any waste or material unacceptable in its sole
discretion given, however, that this discretion must be exercised in a reasonable manner.
Disposing of unacceptable materials may result in the loss of the privilege to use the
Facility.
Section 3 — Dumping Operation
3.1 The Facility has a limited capacity to accept Acceptable Waste products and User
acknowledges that the City, State of Washington and Whatcom County, as the primary
public users, have preference over all other users. In the event that the Facility capacity
should become an issue all other users will be directed to cease usage of the site. The
City shall have no obligation or duty to provide advance warning of this circumstance.
3.2 Prior to depositing Acceptable Waste at the Facility, User agrees to follow the following
"dumping operation":
3.2.1 Eductor vehicles shall decant excess water prior to depositing Acceptable Waste
at the Facility. Decanting shall occur either prior to arriving at the Facility, or by
backing into the Facility and decanting into the settling trough;
3.2.2 After excess water is removed, the truck shall be weighed to obtain the net weight
of the material. A copy of the weight slip shall be placed in the drop box of every
load dumped at the facility. Weight slips shall clearly identify: gross weight, tare
weight, and billable weight. Weight slips will be checked against the gate entry
log. If there is no slip, the customer will be charged for a full load based upon the
capacity of the vehicle. Users are not to use the site other than to dump. Gate
access shall be monitored for billing purposes. If a user accesses the facility and
there is no weight slip present for that access the user shall be billed for a full load
of the vehicle assigned to that access card; AND
3.2.3 After weighing the remaining portion of the load, it shall be dumped, as far back
in the facility as is practical to limit the amount of material that may spew out into
the parking lot.
3.3 In addition to any other remedies that may be available to the City, the City may
terminate this Interlocal Agreement and bar User from any future use of the Facility for
failure to follow the procedures outlined in Section 3.2.
Interlocal Agreement City of BellinIN
Joint Usage of Vactor Waste Transfer Facility Page 7
Section 4 — Required Training
In order to ensure the proper and safe use of the Facility, training is required prior to use of the
Facility. Training consists of a walkthrough of the Facility with a representative of the City to
explain how the Facility operates and what is expected from those who use the Facility. The
City shall issue a letter of fulfillment ("Letter") that documents that the User has completed the
training requirement. User shall not be allowed to use the Facility until completing this training
and receiving the Letter. Further, User shall not allow any of its employees or agents to use the
Facility without receiving the training and Letter required hereunder.
Section 5 — Safety
All personal injury, including first aid incidents, or damage to vehicles or buildings must be
reported immediately to the Safety Specialist at Bellingham Public Works (778-7700). Users
shall follow all Washington State safety policies and regulations while inside the Facility. It is
encouraged that a ground guide be used whenever operating a vehicle inside the Facility. The
City shall not be responsible in any manner for User's use of the Facility, except to the extent of
the City's sole negligence.
Section 6 — Cost for Service
The cost of depositing one ton of wet Acceptable Wastes is $54.36 for 2014. These amounts are
subject to change at the end of each calendar year. If a price change is announced, this
Agreement may be terminated or modified in the manner provided. The User will be billed
monthly by invoice and User agrees to pay the bill in full within 30 calendar days of the date of
the bill.
In addition to any other remedies that may be available, User's failure to pay the bill after 60
calendar days shall automatically suspend this Interlocal Agreement and cause User to forfeit the
privilege to use the Facility until resolved.
Section 7 — Term
Unless otherwise terminated sooner as otherwise provided herein, this Interlocal Agreement shall
remain valid until December 31, 2014. One year (annual) extensions are allowed with mutual
written agreement by both parties as to term of extension and any adjustments in Cost of Service.
The duration of this Agreement may be extended by mutual written consent of the parties, for a
period of up to one year.
Section 8 — Waiver
The City's failure to insist upon the User's strict performance of any covenant, duty, agreement,
or condition of this Interlocal Agreement or the City's failure to exercise any right or remedy for
breach thereof shall not constitute a waiver of any such breach or any other covenant, agreement,
term or condition.
Interlocal Agreement City of BellinLLR9
Joint Usage of Vactor Waste Transfer Facility Page 8
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-410
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
12,/1,0/11
Assigned to:
Originator:
Gar Sto ka
GS ,.-
11/14/13
�._L_LL,
�' '' C'''
Finance
Council
Division Head:
�'� �
12/10/13
Chris Brueske
DEC
Dept. Head:
Frank Abort
Prosecutor:
l /
Dan Gibson
�
tt �� i 3
g�py�
�,��� ,�� ' l C 0 COUNTY
Purchasing/Budget
A
Brad Bennett.•COUNCIL
Executive:
Jack Louws
1
TITLE OF DOCU
Cedarville and Y Road Landfill
ATTACHMENTS:
Memorandum
Contract
SEPA review required? ( ) Yes ( X) NO
Should Clerk schedule a hearing ? ( ) Yes (X ) NO
SEPA review completed? ( ) Yes ( X ) NO
Requested Date:
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is 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.)
Renewal and amendment to contract to provide landfill monitoring services at both the Cedarville and Y Road Landfills, to include
quarterly and annual reporting requirements.
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.
130
WHATCOM COUNTY Chris C. Brueske, P.E.
PUBLIC WORKS DEPARTMENT ���`" ��o Assistant Director
FRANK M. ABART ?� �.+� ADMINISTRATION
Director t„Y�r ? CIVIC CENTER ANNEX
322 N. Commercial Street, Suite 210
Bellingham, WA 98225
�9sEy�N�,'to Phone # (360) 676-6692
Fax # (360) 676-6863
www.comhatcomma.us
TO: The Honorable Jack Louws, Whatcom County Executive,
RECEIVED
The Honorable Members of the Whatcom County Council
THROUGH: Frank IVI. Abart, Directo NOV 26 2013
FROM: Chris C. Brueske, P.E.,yAssistant Director � JACK LOUWS
Gary Stoyka, Natural Resources Manager 'vWCOUNTY EXECUTIVE
RE: Landfill Monitoring Services Contract Amendment No. 3
(WC Contract No. 201112022)
DATE: November 15, 2013
Requested Action
Enclosed are two (2) originals of Amendment No. 3 to the contract for Cedarville and Y Road Landfill
Monitoring Services between Bennett Engineering, LLC and Whatcom County for your review and
signature. Public Works respectfully requests the County Executive, upon approval by the County
Council, sign the contract amendments for 2014 services
Background and Purpose
Whatcom County entered into the contract (#201112022) with Bennett Engineering on January 11,
2012 for the purpose of providing continuing monitoring services for both Cedarville and Y Road
landfills. The contract was subsequently renewed for 2013 (201112022-1) and amended on January
301h, 2013 (#201112022-2) to add a Tier II Analysis of Cedarville, as required by the Department of
Ecology, to the scope of work. Amendment No. 3 is for the 2014 monitoring services for Cedarville
and Y Road landfills. The 2014 scope of work reflects the requirements of the 2013 Sampling and
Analysis Plan (SAP), Post -Closure permit, Industrial Stormwater General Permit, and NPDES permit
for the Cedarville Landfill. The scope of work for the Y Road Landfill is the same as the previous two
years.
Funding Amount and Source
Amendment No. 3 is for $28,075.00, for a total amended contract value of $132,410.00 for the period
2012 - 2014. Funding for Amendment No. 3 is from the Whatcom County Solid Waste Fund (Landfill
— Post -Closure), approved in the 2013-2014 budget.
Please contact Gary Stoyka at extension 50618, if you have any questions or concerns regarding the
terms of this agreement,
Encl.
131
WHATCOM COUNTY CONTRACT
Whatcom County
Contract No. 201112022-3
INFORMATION SHEET
Originating Department:
Public Works/Solid Waste Division
Contract or Grant Administrator:
Gary Stoyka, Natural Resources Manager
Contractor's / Agency Name:
Bennett Engineering LLC
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ✓ No ❑
Yes ❑ No ✓ If Amendment or Renewal, Original Contract # 201112022
Does contract require Council Approval? Yes ✓ No ❑
Is this a grant agreement?
Yes ❑ No ✓ If yes, grantor agency contract number(s) CFDA #
Is this contract grant funded?
Yes ❑ No ✓ If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes ✓ No ❑ If yes, RFP and Bid number(s) RFP #11-90 Cost Center: 140201
Is this agreement excluded from E-Verify? No ❑ Yes ✓ If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
✓ Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
✓Contract less than $100,000. ❑ Contract for Commercial off the shelf items (COTS)
❑ Contract work is all performed outside U.S. ❑ Work related subcontract less than $25,000.
❑ Interlocal Agreement (between Govt's) ❑ Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$ 104,335.00
0 Bid is more than $40,000.
This Amendment Amount:
• Amendments that have either an increase greater than 10% or
$ 28,075.00
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$ 132,410.00
RENEWALS: Council approval is not required when exercising an option to
renew that is provided in the original contract.
Summary of Scope:
2014 Monitoring Services for Cedarville and Y Road landfills.
Term of Contract: One year
Expiration Date: 12/31/14
Contract Routing Steps & Signoff. [sign or initial] (indicate date transmitted]
1. Prepared by GSS Date 11/06/13 [electronic]
2. Attorney reviewed: Daniel L. Gibson Date 11106113 [electronic]
3. AS Finance reviewed: Date [electronic]
4. IT reviewed if IT related Date [electronic]
5. Corrections made Date elect onic] hard copy printed
6. Attorney signoff: Daniel L. Gibson Date 11106113� tr y !3
7. Contractor signed: Date
8. Submitted to Exec Office Date //_ Z 6 y 3 [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 Date
132
3 � g
Whatcom County Contract No.
201112022-3
AMENDMENT NO. 3 i- -- -
TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WHATCOM COUNTY AND
BENNETT ENGINEERING, LLC
FOR CEDARVILLE AND Y ROAD LANDFILL MONITORING SERVICES
WHEREAS, AN AGREEMENT (Whatcom County Contract No. 201112022) was
entered into between Whatcom County and Bennett Engineering, LLC on January 11th,
2012 for the purpose of monitoring services for the Cedarville and Y Road Landfills;
and,
WHEREAS, the original contract, No. 201112022 allows for an extension of up
to two additional one-year periods through 2014, by mutual agreement of the parties;
and,
WHEREAS, Whatcom County and Bennett Engineering, LLC mutually agreed to
terms of the original contract No. 201112022 and the contract was subsequently
renewed on November 21, 2012 and then also amended on January 30th, 2013; and,
WHEREAS, the parties are desirous of continuing the contractual relationship
for one more year;
NOW BE IT THEREFORE AGREED, that an additional one (1) year extension
be granted to Bennett Engineering, LLC to provide said services and that the affected
contract clauses shall read as follows:
COMPENSATION SCHEDULE:
As consideration for the services provided by the Contractor the County agrees
to compensate the Contractor for services rendered at a sum not to exceed
Twenty-eight Thousand, seventy-five dollars ($28,075.00) for the additional term
through December 315t, 2014. This figure includes all costs incidental to and
necessary for carrying out the scope of work as presented in Exhibit "A." The
sum shall be paid for expenses accrued as invoiced monthly by the Contractor.
Payment is contingent and based on successful progress in performance of the
scope of work as determined by the County. (Monthly,orogress reports maybe
required to be submitted with each invoice as detailed in Exhibit 'A. "Bennett
Engineering, LLC contracts)
2014 LANDFILL MONFIFORING S.ERV7C'E_.S -- 3J NNETT I_,L,C;
133
TIME SCHEDULE_:
This Renewal to the Agreement shall add to the original one-year term and
subsequent renewal year, another year beginning January 1, 2014, and shall
continue in effect through December 31't, 2014. The aforementioned date shall
be considered the date for the start of services as contained herein regardless of
the date of signatures.
This Renewal shall be made part of the original agreement by and between
Whatcom County and Bennett Engineering, LLC. Unless specifically stated
herein, all other terms and conditions of the original agreement shall remain in
full force and effect.
20114 LANDFILL MQN' 'CARING SERVICES -- BENNE TT ENGINEERING RING LL.'
134
IN WITNESS WHEREOF, the parties have signed this Amendment No. 3 to the
agreement for Cedarville and Y Road Landfills Monitoring services, this J'=, IIYD day of
LLC
By: Tom Bennett, R.E.
Title: Principal f
STATE OF WASHINGTON )
COUNTY OF WHATCOM ) ss.
On this j dayofir``y013 before me personally appeared Tom Bennett
vT e p Y pp ,
to me known to be the person individually or jointly described in and who executed the above
instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of
Q ° .F'•.°� 4.
+%'°.�
Washington, residing at i Li I
°� 0 T,q
My commission expires:
UQLIC
: ��
WHATCOM COUNTY
�U�
Jack Louws
County Executive
STATE OF WASHINGTON )
COUNTY OF WHATCOM ) ss.
On this day of , 2013, before me personally appeared Jack
Louws, to me known to be the person individually or jointly described in and who executed the
above instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires:
APPROVED AS TO FORM:- DEPARTMENTAL APPROVAL:
Daniel L. Gibson, Chief Civil Deputy Frank ibart, Director, Public Works
Prosecuting Attorney
2014 LAN +ILI,'4 ONTOIUNG SERVICE_. - P ENNI 'TF ENGINEFR NG I LE,
135
EXHIBIT A
Scope of Services - 2014 Landfill Monitoring Services
Cedarville and Y-Road Landfills
Monitoring services at the Cedarville Landfill will be conducted in accordance with the Updated
Post -Closure Plan and the 2013 Sampling and Analysis Plan (SAP), which address the
requirements of the Post -Closure Permit, Industrial Stormwater General Permit (ISGP) No.
WAR001280, and NPDES Permit No. WA-051490 for the Site. Under the 2013 revisions to the
SAP, the frequency of semi-annual ground water and landfill gas monitoring was reduced to
once every 5 years, with the next semi-annual events scheduled for 2017. As such, the scope of
work for Task #1 has been reduced to project management services and preparation of the
2014 Annual Compliance Report in accordance with the SAP.
Task #2 for the Cedarville Landfill includes quarterly site inspections and surface water
sampling at the Downstream Ditch (D.D.) location. Samples will be hand -delivered to Edge
Analytical on the day of the sampling events. Quarterly Discharge Monitoring Reports (DMRs)
will be entered on Ecology's WebDMR system. Quarterly Visual Inspection Reports will be
prepared and submitted to the County. Bennett will also prepare the 2013 Annual Report for the
facility, which must be submitted to Ecology prior to May 15, 2014.
The NPDES Permit for the leachate management system (LMS) at the Cedarville Landfill
establishes the sampling and analysis requirements for the treated effluent during months of
discharge to the regional drainage ditch. Task #3 includes effluent sampling during the months
of January through April, November, and December 2014, and preparation of monthly DMRs for
all 12 months of the year. The DMRs will be entered on Ecology's WebDMR system. This task
also includes time for coordination with County staff regarding annual maintenance items
required for the LMS.
Monitoring will be performed at the Y-Road Landfills (Task #4) in general accordance with the
Revised Sampling and Analysis Plan — Whatcom County Y-Road Landfills (modified in 2013).
Semi-annual monitoring events will be performed in January and July 2014 and include sampling
of four ground water monitoring wells (MW-1, 3, 4, and 9) using low -flow sampling techniques,
surface water sampling in Carpenter Creek, and methane gas testing at 7 gas monitoring wells at
the Y-Road 11 Landfill. Samples will be hand -delivered to Edge Analytical on the day of the
sampling events. The Semi -Annual Report will be prepared following the January event; the
2014 Annual Report will be prepared following the July event.
2014 1'—,ANT)FILL ?V!01',4 a )RING SERVICES _ B NNI i—F ENGINL''MNIG LLC"
136
EXHIBIT A
Scope of Services - 2014 Landfill Monitoring Services
Cedarville and Y-Road Landfills
Task 1: Annual Compliance Report— Cedarville Landfill
Task 1.1 Project Management
Project management includes project scoping and setup, invoice review, and meetings and
correspondence with the County and outside vendors.
Task 1.2 2014 Annual Compliance Report
Bennett will prepare the 2014 Annual Compliance Report for the Cedarville Landfill, which will include a
description of activities performed at the site during the year, summary tables for the data obtained under
the ISGP and NPDES Permit, and a brief discussion regarding compliance with permit limits and
recommended maintenance items, as necessary. The Annual Compliance Report will be submitted to the
Whatcom County Public Works Department (WCPWD) and Whatcom County Health Department (WCHD)
in PDF format via electronic mail prior to December 31, 2014.
Task 2: Surface Water Monitoring — Cedarville Landfill
Task 2.1 Quarterly Sampling and Site Inspection
Stormwater monitoring and inspection will be conducted in accordance with the ISGP for the Site, which
calls for quarterly observations for oil sheen, and surface water sampling and analysis of the following
parameters: pH (field), turbidity, BOD(5), total suspended solids, total copper and zinc, ammonia, alpha
terpineol, benzoic acid, p-cresol, and phenol. Visual inspections are performed during the quarterly events,
and include observations of uncontrolled discharges to ground, floating materials, visible sheens,
discoloration, turbidity, and odor.
Task 2.2 Quarterly Discharge Monitoring Reports and Visual Inspection Reports
Bennett will enter quarterly DNIRs into Ecology's WebDMR system prior to the 15th day of the month
following the respective quarter. The DMRs are reviewed and validated by WCPWD staff to complete the
submittal process. One original of the Visual Inspection Reports will be submitted to WCPWD, which will
summarize site observations and provide a list of recommended actions, if necessary.
Task 2.3 2013 ISGP Annual Report
Bennett will prepare the 2013 ISGP Annual Report using Ecology's standard form. The report will be
submitted to WCPWD for review and comment prior to May 1, 2014. The final report will be submitted to
Ecology prior to May 15, 2014 deadline.
Task 2.4 Laboratory Analysis
Bennett will hand -deliver water samples to Edge immediately following the sampling events
2014 L6' NDI I.L.1<ON- 11TOR.ItiG SERVICES - BENNET`T ENGINEERING LLC
137
EXHIBIT A
Scope of Services - 2014 Landfill Monitoring Services
Cedarville and Y-Road Landfills
Task 3: NPDES Permit Sampling — Cedarville Landfill
Task 3.1: Monthly Sampling Events
Monthly sampling and analysis of the treated effluent will be performed at the discharge manhole of the
effluent pond (Outfall #001) and the regional drainage ditch, in accordance with the NPDES Permit. Bennett
will measure field parameters (pH, conductivity, and temperature) during each sampling event. The scope of
work for this task assumes that discharge will occur during the months of January through April, November,
and December 2014 (6 sampling events total).
Task 3.2: Discharge Monitoring Reports
DMRs will be entered into Ecology's WebDMR system every month (12 total), regardless of the status of
system discharge. The WCPWD will review and validate the DMRs prior to the 15th day of the month
following the sampling event.
Task 3.3: Coordination of Annual O&M Work Items
Bennett will develop a list of maintenance work items for the LMS, in accordance with the O&M Manual,
dated February 2013. Bennett will provide field support and observation during the maintenance work, and
submit associated field reports and photo documentation to the WCPWD following completion of the work.
Task 3.4 Laboratory Analysis
Bennett will submit effluent samples to Edge immediately following the sampling event.
Task 4: Ground Water, Surface Water, and Gas Monitoring — Y-Road Landfills
Landfill monitoring will be performed at the Y-Road Landfills in accordance with the Revised Sampling and
Analysis Plan (updated 2013). Several items were deleted from the SAP in 2013, including: leachate sampling
from MW-5, duplicate and field blank samples, and dissolved metals analysis. Semi-annual monitoring events
are scheduled for January and July 2014.
Task 4.1: Semi -Annual Ground and Surface Water Sampling
Ground water sampling will be conducted using low -flow methods, as described below.
1. The depth to water and depth to bottom will be measured to the nearest 0.01 foot in IMW-1, 3, 4, 5, 6,
7, 8, and 9 using an electric water level indicator, and recorded in the field data sheets. The bottom
elevations will be compared to previous readings to determine the depth of sediment accumulation
and evaluate the need for well re -development.
2. Monitoring wells MW-1, 9, 3, and 4 will be purged with a peristaltic pump at approximately 0.5 liter per
minute. Purge water will be disposed on the ground. The water level probe will be used to monitor
changes in water level during purging. The purge rate will be adjusted to minimize ground water
drawdown. Field parameters will be measured with field meters during purging. Sampling will begin
when these parameters have stabilized. Ground water samples will be collected directly from the
discharge stream of the pump in appropriate sample containers provided by Edge.
3. Field parameter readings, date, time, weather conditions and any special field observations will be
recorded on field data sheets for each monitoring well.
4. Sample bottles will be labeled with the date, sample location, sample depth, and sampler's name
2014 LANDFILL MONITORING SERVICES - BENNETT ENGINEERING LLC
138
EXHIBIT A
Scope of Services - 2014 Landfill Monitoring Services
Cedarville and Y-Road Landfills
and placed into a cooler with ice or ice -substitute.
5. Field sampling equipment will be decontaminated between each well.
Surface water sampling in Carpenter Creek will be performed using a polyethylene sample bottle immersed
in the water upstream of sampling personnel to avoid possible inclusion of suspended sediment. Surface
water samples will be transferred to appropriate sample bottles supplied by Edge.. Field parameter
readings, date, time, weather conditions and any special field observations will be recorded on the field
data sheet.
A visual inspection will also be performed during the semi-annual monitoring events, and will include
observations of the following items (at a minimum):
• landfill cover regarding vegetation and indications of erosion, seepage, or subsidence;
• stormwater facilities regarding ponding, obstruction of ditches, and indications of erosion;
• ground water and gas monitoring wells with respect to physical condition; and
• flow in Carpenter Creek.
Task 4.2: Semi -Annual Landfill Gas Monitoring
Methane gas concentrations will be measured at the seven gas monitoring wells at the Y-Road II Landfill
using a combustible gas meter. The gas meter will be calibrated by the vendor using a 25% LEL methane
standard and ambient oxygen conditions. Gas pressures will be measured at each well to the nearest 0.01
inches of water column using a digital manometer. The barometric pressure during the individual sampling
events will be obtained from data recorded by the National Weather Service at the Bellingham International
Airport.
Task 4.3: Semi -Annual Report
The Semi -Annual Report will include a discussion of site conditions observed during the January event,
analytical results, and ground water flow direction and velocity, and summary tables for ground water,
surface water, and gas monitoring results. Ground water contour maps for the two landfills, field data
sheets, and laboratory results will be attached to the report, along with chain -of -custody documentation.
Originals of the Semi -Annual Report will be submitted to the WCPWD and WCHD within 30 days of receipt
of the analytical data,
Task 4.4 2014 Annual Report
The 2014 Annual Report for the Y-Road Landfills will be prepared following the July event and will include
time -series plots for conductivity, chloride, and total barium, iron, and manganese, qualitative analysis of
water quality trends, summary tables of historic analytical data, and other data as previously described
under Task 4.3 for the Semi -Annual Report. Originals of the 2014 Annual Report will be submitted to the
WCPWD and WCHD prior to September 30, 2014.
Task 4.5 Laboratory Analysis
Bennett will hand -deliver water samples to Edge on the day of the monitoring events
2014 ILA NDF i LI- tit N111-0RP',G SER. V10ES PEN;4ETF ENGINEERj_]NG L.I..0
139
EXHIBIT "B" RECOMMENDED BUDGET
2014 LANDFILL MONITORING SERVICES
TASK 1 - ANNUAL COMPLIANCE REPORT - CEDARVILLE LANDFILL
RECOMMENDED BUDGET
Task 1.1 - Project Management
Time
Date
Total
Project Scoping and Setup
4
$105.00
$420.00
Invoice Review
12
$105.00
$1,260.00
Correspondence With County and Outside Vendors
10
$105,00
$1,050.00
Task 1.1 Total
$2,730.00
Task 1.2 - Annual Compliance Report
Time
Rate
Total
Annual Compliance Re ort - Due Dec. 2014
12
$105.00
$1,260.00
TASK 1 TOTAL:
$3,990.00
TASK 2 - SURFACE WATER MONITORING - CEDARVILLE LANDFILL
RECOMMENDED BUDGET
Task 2.1 - Quarterly Sampling and Site Inspection
Events
Time/Event
Rate
Total
Quarterly Sampling Events
4
4
$95.00
$1,520.00
Quarterly Visual Inspection
4
1
$95.00
$380.00
Task 2.1 Total
$1,900.00
Task 2.2 - Quarterly DMRs and Visual Inspection Reports
Events
Time/Event
Rate
Total
Quarterly Discharge Monitoring Reports
4
1
$105.00
$420.00
Quarterly Visual Inspection Report
4
1
$105.00
$420.00
Task 2.2 Total
$840.00
Task 2.3 -ISGP Annual Report
Time
Rate
Total
ISGP Annual Report to Ecology - Due May 15, 2014
5
$105.00
$525.00
Task 2.4 - Laboratory Analysis Edge Analytical
Quantity
Rate
Total
Biological Oxygen Demand
4
$35.00
$140.00
Total Suspended Solids
4
$12.00
S48.00
Turbidity
4
$12.00
$48.00
Total Metals (Cu and Zn)
4
$25.00
$100.00
Ammonia
4
$13.00
$52.00
Alpha Terpineol/Benzoic Acid/p-Cresol/Phenol
4
$300.00
$1,200.00
Task 2.4 Subtotal
$1,588.00
Markup (7. 5%)
$122.00
Task 2.4 Total
$1,7%00
TASK 2 TOTAL:
$075.00
TASK 3 - NPDES PERMIT SAMPLING - CEDARVILLE LANDFILL
RECOMMENDED BUDGET
Task 3.1 - Monthly Effluent Sampling
Events
Time/Event
Rate
Total
Field Sampling Events (Jan -April and Nov -Dec 2014)
6
4
$95,00
$2,280.00
Task 3.2 - Discharge Monitoring Reports
Events
Time/Event
Rate
Total
Discharge Monitoring Reports
12
2
$105.00
$2,520.00
Task 3.3 - Coordination of Annual O&M Work Items
Time
Rate
Total
Work Item Punchlist/Field Observation/Reporting
8
$95.00
$760.00
Task 3.4 - Laboratory Analysis (Edge Anal ical)
Quantity
Rate
Total
Biological Oxygen Demand
6
$35.00
$210.00
Total Suspended Solids
6
$12,00
$72.00
Turbidity
6
$12.00
$72.00
Chloride
6
$12.00
$72.00
Total Metals (Cu, Mn, and Zn)
6
$40,00
$240.00
Ammonia
6
$13.00
$78.00
Alpha Terpineol/Benzoic Acid/p-Cresol/Phenol
6
$300.00
$1,800.00
NWTPH-Dx
6
$100,00
$600.00
Sulfate
1
$12.00
$12.00
Nitrate
1
$12.00
$12.00
Dissolved Oxygen
1
$15.00
$15.00
Soluble Reactive Phosphorus
1
$12.00
$12.00
Hardness
1
$25.00
$25.00
Total Organic Carbon
1
$30,00
$30.00
2014 LANDFILL MONITORING SERVICES - BENNETT ENGINEERING LLC
140
Total Metals (As, Ba, Fe, and Ni)
1
$50.00
$50.00
Task 3A Subtotal
$3, 300.00
Markup (7.5%)
$250.00
Task 3.4 Total
$3,550.00
TASK 3 TOTAL:
$9,110.00'
TASK 4 - GROUND WATER, SURFACE WATER, AND
RECOMMENDED BUDGET
GAS MONITORING - Y-ROAD LANDFILLS
Task 4.1 - Semi -Annual Ground and Surface Water Sampling
Events
Time/Event
Rate
Total
Sampling Events and Inspection
2
14
$95.00
$2,660.00
Sampling Equipment/Supplies (w/ 7.5% Markup)
2
$275.00
$550.00
Task 4.1 Total
$3,210.00
Task 4,2 - Semi -Annual Landfill Gas Monitoring
Events
Time/Event
Rate
Total
Gas Monitoring Events
2
2
$95.00
$380.00
Task 4.3 - Semi -Annual Report
Time
Rate
Total
Report Preparation
8
$105.00
$840.00
Data Validation/Database Maintenance
2
$95.00
$190.00
Drafting - Ground Water Contour Maps
2
$78.00
$156.00
Task 4.3 Total
$1,186.00
Task 4.4 - Annual Report
Time
Rate
Total
Report Preparation
14
$105.00
$1,470.00
Data Validation/Database Maintenance
2
$95.00
$190.00
Time Series Plots
6
$95.00
$570.00
Drafting - Ground Water Contour Maps
2
$78.00
$156.00
Task 4.4 Total
$2,386.00
Task 4.5 - Laboratory Analysis (Edge Analytical)
4 Monitoring Wells/Carpenter Creek
Quantity
Rate
Total
Total Suspended Solids
10
$12.00
$120.00
Total Dissolved Solids
10
$12.00
$120.00
Turbidity
10
$12.00
$120.00
Chloride
10
$12.00
$120.00
Nitrate
10
$12.00
$120.00
Nitrite
10
$12.00
$120.00
Ammonia
10
$13.00
$130.00
Total Organic Carbon
10
$30.00
$300.00
Hardness
2
$25.00
$50.00
Sulfate
10
$12.00
$120.00
Chemical Oxygen Demand
10
$40.00
$400.00
Biochemical Oxygen Demand
2
$35.00
$70.00
Total Metals (As, Ba, Fe, Mn, Hg, Pb, Zn)
10
$80.00
$800.00
Dissolved Zn + Lab Filtration (Surface Water Sample)
2
$25.00
$50.00
Task 4.5 Subtotal
$2, 640.00
Markup (7.5%)
$198,00
Task 4.5 Total
$2,838.00
TASK 4 TOTAL:
$10,000,00
CO.NTINGENCiES
� '- '
RECOIVIIIMENDED PROJECT
$28,0750 < .,....
All outside services will be billed through Bennett at cost plus 7.5%. Updated 2014 Certificates of Insurance for General and Professional Liability
policies will be submitted to the County prior to amendment start date.
2014 LANDFILL MONITORING SERVICES - BENNETT ENGINEERING LLC
141
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-411
CLEARANCES
Initial
Date
Date Receiver! in Council Office
Agenda Date
Assigned to:
Originator:
iwa
l 1 1
��� �� r�' I �� ��
n,
12/10/2013
Finance /Council
Division Head. -
DEC 03 201
Dept. Head.-
/�L �f�l
//—zo /3
�j,
0��1
Prosecutor:
i
G I
COUNCIL
�' R �d L
Purchasing/Budget:
Executive:
�r � �•
TITLE OF DOCUMENT:
Amendment to contract between Whatcom County and Whatcom Builders, Inc for construction of Hovander
Trail
ATTACHMENTS:
Contract Amendment
SEPA review required? ( ) Yes (x ) NO
Should Clerk schedule a hearing? ( ) Yes ( x) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date.
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Amends Contract for unforeseen field conditions that increased material cost and to install an additional 2" lift of
recycled asphalt product over existing Hovander Trail
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.
142
WHATCOM COUNTY
PARKS & RECREATION DEPT.
3373 Mount Baker Highway
Bellingham, WA 98226
MEMORANDUM
TO: Jack Louws, County Executive
FROM: Michael McFarlan
RE: Hovander Trail Contract Modification
DATE: 11/18/13
Michael McFarlane
Director
2 01, 11110
*1 1,
Nov 20 Z013
Enclosed are two (2) originals of a contract amendment for the Hovander Trail project
between Whatcom County and Whatcom Builders, Inc. for your review and signature.
■ Background and Purpose
This contract amendment is needed due to unanticipated field conditions that increased
material costs for the project. The amendment will also cover costs for installing an
additional 2 inch lift of trail surfacing later in the spring of 2014. The additional surfacing will
ensure a longer lasting and more durable trail and reduce maintenance costs in the future.
■ Funding Amount and Source
The contract amendment is within the available REET II budget approved by 'the Council on
January 29, 2013.
Please contact Rod Lamb at extension 31727 , if you have any questions or concerns
regarding the terms of this agreement,
Encl.
143
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
Originating Department:
Parks & Recreation
Contract Administrator:
Rod Lamb
Contractor's /Agency Name:
Whatcom Builders, Inc.
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes _ No X Yes X No Ifyes, previous number(s):_201308004
Is this a grant agreement?
Yes _ No X If yes, grantor agency contract number(s)
CFDA number
Is this contractgrantfunded?
Yes _ No X If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes X No If yes, RFP and Bid number(s) 13-50 Cost Center: _32435_
Is this contract excluded from E-Verify? No X Yes If no, include Attachment D Contractor Declaration Form
If yes, indicate qualified exclusion(s) below:
Contract less than $100,000. _ Professional services agreement for certified/licensed professional
Work is for less than 120 days _ Contract for Commercial off the shelf items (COTS)
Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA
Contract Amount: (sum of orig contract
If a Professional Services Agreement is more than $15, 000 or a Bid is
amt and any prior amendments)
more than $35, 000, please submit an Agenda Bill for Council
$ 115, 444.00
approval and a supporting memo. Any amendment that provides
This Amendment Amount:
either a 10% increase in amount or more than $10, 000, whichever is
$ 37, 740.99
greater; must also go to Council and will need an agenda bill and
Total Amended Amount:
supporting memo. If less than these thresholds, just submit to
$ 153,184.99
Executive with supporting memo for approval.
Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary]
This contract amendment pays for necessary field adjustments and material increases in base rock and recycled asphalt
trail surfacing that were unanticipated at the time of bidding. The contract amendment will also add an additional
surfacing lift (2 inches) to be installed next spring. The additional surfacing will provide a more durable and longer lasting
trail surface.
Term of Contract:
Expiration Date:
Contract RoutingSteps & Signof [sign or initial) [indicate date transmitted)
1. Prepared by: R. Lamb Date. 1111811 [electronic]
2. Attorney reviewed: Date ! lI V 15 [electronic]
3. AS Finance reviewed: Date 1//! /��,3 [electronic]
4. IT reviewed if IT related Date _ [electronic]
5. Corrections made: Date electronic] hard copy printed
6. Attorney signoff. Date
7. Contractor signed: Date l —1 g -13
S. Submitted to Exec Office Date lJ- �� �l 3 %summary via electronic; hardcopies]
Council approved (fnecessary)
10.
11.
12.
Executive signed:
Contractor Original Returned to
County Original
dept;
Date
Date
Date
144
- -.
Amendment No. 1
Whatcom County Contract No. 201308004
CONTRACT BETWEEN WHATCOM COUNTY AND
Whatcom Builders, Inc.
Whatcom County Contract No.
-90134gQQLl--I
THIS AMENDMENT is to the Contract between Whatcom County and Whatcom Builders, Inc., dated July 30, 2013 and
designated "Whatcom County Contract No. 201308004. In consideration of the mutual benefits to be derived, the parties
agree to the following:
This Amendment extends the term of this Agreement through June 30, 2014, and increases the maximum consideration
by $37,469.47 to a total consideration of $152,913.47.
This Amendment also adds the following to the Scope of Work, Exhibit A:
Install an additional 2" lift of recycled asphalt product (RAP) over the existing Hovander Trail. The total length of the trail
is approximately 6,700 linear feet. The additional surfacing will be mechanically placed and compacted to firm and
unyielding surface.
Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full
force and effect.
This Amendment takes effect: December 16, 2013}},1 regardless of the date 1of signature.
IN WITNESS WHEREOF, Whatcom County and Wh A� ID16 DOl l( � t 1 YlC- have executed this Amendment on the
date and year below written.
DATED this I �fh day ofk�eMbe/j" 20 1 ).
CONTRACTOR:
i
Whatc Bui ers, etc.
r
/ f
NAME, TITLE"-KtGk L OvN e `j� �YIVfL�i �Yi(s��rte t �'
STATE OF WASHINGTON )
) ss.
COUNTY OF WHATCOM )
"-K -
On his i� day of��'
ko
� before me personally appeared OV4,P - to me known to be the d ,-,, [ ��� ►� of thebi u'�r�'a �n and who executed the above instrument and who acknowledged to me the act of
signing and sealing thereof.
-�:' - - �-' , Et
NOTARY PUBLIC in and orthe State of Washington, residin. at
" - . My commission expires 1U
145
WHATCOM COUNTY:
Approved as to form:
)ar�� Viet 113
Prosecuti g ttorney ate
Approved:
Accepted for Whatcom County:
21
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.
CONTRACTOR INFORMATION:
Whatcom Builders, Inc.
4950 LaBounty Road
Ferndale, WA 98248
Contact Name: Richard L. Owens
Contact Phone: 360.398.1427
Contact FAX: 360.398.8361
NOTARY PUBLIC in and for the State of Washington, residing at
. My commission expires
146
WHATCOH COUNTY COUNCIL AGENDA BILL NO. 2012-422C
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Engel§W
11113113
J
12110113
Finance/Council
Division Head:
DEC 0 3 201
'Of H A, FC 0 M C90UNTY
COUNCIL
Dept. Head:
Prosecutor:
I(nf
10115113
Purchasing/Budget:
node
11126113
Executive:
VvI
,a r
TITLE OF DO NT.• Antendntent No. 3 to Whatcont County Contract No. 201212020 (Contract
Between Whatcont County and Van Ness Feldman GordonDerr, Attorneys at Law)
ATTACHMENTS: Contract and memo
SEPA review required? ( ) Yes ( X) NO
Should Clerk schedule a hearing? ( ) Yes (X) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
This is an amendment to Whatcom County Contract No. 201212020, the contract for
legal representation by Van Ness Feldman GordonDerr, Attorneys at Law, to extend the
term of the contract for one year and to increase the maximum consideration by
$10,000.00, for a total contract amount not to exceed $100,000.00.
COMMITTEE ACTION.•
COUNCIL ACTION.•
12110113:
12110113:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
201212020
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at. www.co.whatconi.wa.us/council.
147
WHATCOM COUNTY COUNCIL
311 Grand Avenue
Suite 105
Bellingham, WA 98225
MEMORANDUM
Dana Brown -Davis
Clerk of the Council
NOV 27 Z013
TO: Jack Louws, County Executive JACKLOUWS
FROM: Marina Engels, Deputy Clerk COUNTY EXECUTIVE
RE: Contract for legal representation with Van Ness Feldman GordonDerr
DATE: November 27, 2013
Enclosed are two (2) originals of a contract for services between Whatcom County and Van
Ness Feldman GordonDerr, Attorneys at Law, for your review and signature.
■ Background and Purpose
The Contractor shall represent Whatcom County and assist in the preparation of its legal
defense of Ordinance No. 2012-032 in Growth Management Hearings Board case number
12-2-0013. To the extent any of the issues raised in case number 12-2-0013 are addressed
in the Board's compliance order in case number 11-2-00120c, Contractor's scope of work
will additionally include assisting the County in the preparation of its legal defense on those
issues in case number 11-2-0010c. In addition, -the Contractor shall represent Whatcom
County and assist in the appeals of Growth Management Hearings Board case nos. 11-2-
0010c and 12-2-0013.
■ Funding Amount and Source
The Council has requested a budget supplemental in the amount of $10,000 to cover the
remainder of the contract. The request was approved at the Council's November 26, 2013,
meeting. Continuing appropriations will be requested for any remaining balance going in to
2014.
■ Differences from Previous Contract
This amendment adds an additional $10,000 to the contract for a total contract amount of
$100,000 and extends the term to December 14, 2014.
Please contact me at extension 50730, or Karen Frakes at 50704, if you have any questions
or concerns regarding -the terms of this agreement.
Encl.
.•
WHATCOM COUNTY CONTRACT
INFORHATIONSHEET
Whatcom County Contract No.
201212020-3
Originating Department:
Whatcom County Council
Contract Administrator:
Whatcom County Prosecutor
Contractor's /Agency Name:
Van Ness Feldman GordonDerr, Attorneys at Law
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes _ No _X_ Yes X No If yes, previous
number(s): _201212020
Is this a grant agreement?
Yes No X If yes, grantor agency contract number(s)
CFDA number
Is this contract grant funded?
Yes No X If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes _-_- No X Ifyes, 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. X 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
If a Professional Services Agreement is more than $15, 000 or a Bid is
amt and any prior amendments)
more than $35, 000, please submit an Agenda Bill for Council
$ 90, 000.00
approval and a supporting memo. Any amendment that provides
This Amendment Amount:
either a 10% increase in amount or more than $10, 000, whichever is
$ 10,000.00
greater, must also go to Council and will need an agenda bill and
Total Amended Amount:
supporting memo. If less than these thresholds, just submit to
$ 100, 000.00
Executive with supporting memo for approval.
Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary]
The Contractor shall represent Whatcom County and assist in the preparation of its legal defense of Ordinance No. 2012-
032 in Growth Management Hearings Board case number 12-2-0013. To the extent any of the issues raised in case number
12-2-0013 are addressed in the Board's compliance order in case number 11-2-00120c, Contractors scope of work will
additionally include assisting the County in the preparation of its legal defense on those issues in case number 11-2-001Oc.
In addition, the Contractor shall represent Whatcom County and assist in the appeals of Growth Management Hearings
Board case nos. 11-2-001Oc and 12-2-0013,
Term of Contract: One Year I
Expiration Date:12114114
Contract Routing Steps & Signo f : fsi-zn or initiall
[indicate date transmitted7
1. Prepared by: KNF
Date 10115113 [electronic]
2. Attorney reviewed:
Date 101151113 [electronic]
_KNF
3. AS Finance reviewed: mde
Date 11126113 [electronic]
4. IT reviewed if IT related
Date [electronic]
5. Corrections made:
Date [electronic] hard copy printed
6. Attorney signoff.•
Date
7. Contractor signed: ,®a'
Date //-,2o -1 3
8. Submitted to Exec Office
Date //-,Q7 -13 [summary via electronic; hardcopies]
9. Council approved (if necessary)
Date
10. Executive signed:
Date
IL Contractor Original Returned to dept,•
Date
12. County Original to Council
Date
149
I _ I V.x a, rou ..0
Whatcom County Contract No.
201212020-3
Amendment No. 3
Whatcom County Contract No, 201212020
CONTRACT BETWEEN WHATCOM COUNTY AND
Van Ness Feldman GordonDerr, Attorneys at Law
THIS AMENDMENT is to the Contract between Whatcom County and Van Ness Feldman GordonDerr, Attorneys at Law,
dated December 10, 2012 and designated "Whatcom County Contract No.201212020." In consideration of the mutual
benefits to be derived, the parties agree to the following:
1. Pursuant to Section 10.2 of the original contract, the term of this agreement shall be
extended for a period of one year, to December 14, 2014.
2. The maximum consideration for this agreement shall be increased by $10,000.00, for a
total contract amount not to exceed $100,000.00.
Unless specifically amended by this or prior amendments, all terms and conditions of the original contract shall remain in
full force and effect.
IN WITNESS WHEREOF, Whatcom County and Van Ness Feldman GordonDerr, Attorneys at Law have executed this
Amendment on the date and year below written.
DATED this �.-�� day of 2013.
_ 6k�� ,
CONTRACTOR:
STATE OF WASHINGTON )
) ss.
COUNTY OF WHATCOM )
On this 20 day of Nbyember , 2013, before me personally appeared Jay P . Derr
to me known to be the Managing Partner of Van Ness Feldman GordonDerr, Attorneys at Law and who executed the above
instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of Washington, residing at
r My commission expires
150
WHATCOM COUNTY:
Approved s to form: �--
P(osecuting Attorney Date
Approved:
Accepted for Whatcom County:
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:
CONTRACTOR
Van Ness Feldman GordonDerr, Attorneys at Law
719 Second Avenue, Suite 1150
Seattle, WA 98104-1728
Contact Name:
Jay Derr
Contact Phone:
206-623-9372
Contact FAX:
206-623-4986
Contact Email:
jpd@vnf.com
151
WHATCOM COUNTY COUNCIL AGENDA BILL No. 2013-412
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator: Drew L. Bet�,
DLB
11/20/13 E-
-�% "
( E [I V/
12/10/13
Finance &
Council
WSU Whatcom County Extension
Division Head:
1,C)EC g 3 2013
Dept. Head: Drew L. Bets
DLB
11/20/13
vv ii (] ,01M COUNTY
Prosecutor:
C',0 UNCIL
Purchasing/Budget:
AA
I
1Z.01
2,—
Executive:
.
TITLE OF DOCUMENT:
Memorandum of Agreement with Washington State University.
ATTACHMENTS. WSU Memorandum Of Agreement and Appendix A.
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 RCWorWCCas appropriate.
Be clear in explaining the intent of the action.)
Review & approval of amendment of MOA with Washington State University to continue the jointly sharing of costs for
faculty positions in WSU Extension between Whatcom County and Washington State University as approved in WSU
Whatcom County Extension year 2014 General Fund budget. Continued funding for 2014 for Forestry Extension and
inclusion of Whatcom County Solid Waste funds into the MOA.
COMMITTEE ACTION:
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
9909009
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.uslcouncil.
152
WHATCOM COUNTY
WSU Whatcom County Extension
1000 N Forest Street, #201
Bellingham WA 98225
TO:
FROM:
RE:
DATE:
�GOM CO
9SH 1 N G�
MEMORANDUM
Jack Louws, County Executive
Drew Betz, Director n f
Drew Betz
Chairman
NOV 27 2013
JACK LOUWS
COUNTY EXECUTIVE
Memorandum of Agreement with Washington State University
November 27, 2013
Enclosed is the necessary paperwork for a contract extension with Washington State
University to continue the jointly sharing of costs for faculty positions in Extension Whatcom
County and Washington State University for your review and signature.
Background and Purpose
■ Continue to share costs for faculty positions in WSU Whatcom County Extension
serving Whatcom County.
■ Continue cost sharing for Forestry Specialist to serve Whatcom County in 2014.
■ Include the majority of funds from Whatcom County Solid Waste in the WSU Contract.
Hiring will be done through WSU to support the goals of the agreement with Solid
Waste. The work will be done through our community horticulture program.
Funding Amount and Source
2014 Whatcom County General Fund Budget for Whatcom County WSU Extension,
$93,542.00 and $20,000.00 from the Public Works Department, Solid Waste Division
(currently in our budget). These are not new funds, simply a shift in how we are
spending them.
Differences from Previous Contract
$20,000.00 added for Recycling and Composting Education. This is a shift from our
previous budget because our Composting and Recycling Coordinator, Joyce
Jimerson, retired at the end of September. We will incorporate these funds into our
Community Horticulture program and enhance the training and delivery of this
education through the Master Gardener and Community Gardens programs and in
cooperation with other programs in our office.
Please contact Drew Betz, WSU Whatcom County Extension, at extension 50285, if you
have any questions or concerns regarding the terms of this agreement.
Encl.
153
HATCOM COUNI-Y
CONTRACT .
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Originating Department:
Drew Betz
Contract Administrator:
Drew Betz
Contractor's / Agency Name:
Washington State i.Jniversity
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes No X_ Yes x_ No _ If yes, previous number
(s): 9909009___
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 Form
If yes, indicate qualified exclusion(s) below:
_x_ Contract less than $100,000. Professional services agreement for certified/
licensed professional
Work is for less than 120 days _ Contract for Commercial off the shelf items
(COTS)
Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally
Funded FHWA
Contract Amount:(sum of orig contract amt and any
If a Professional Services Agreement is more than $15,000 or a
prior amendments)
Bid is more than $35,000, please submit an Agenda Bill for
$ 1,"000.00
Council approval and a supporting memo. Any amendment that
This Amendment Amount:
provides either a 10% increase in amount or more than $10,000,
$_I 13,542.00
whichever is greater, must also go to Council and will need an
Total Amended Amount:
agenda bill and supporting memo. If less than these thresholds,
$ 1,138 42.00
just submit to Executive with supporting memo for approval.
Scope of Services: [Insert language from contract (Exhibit A) or summarize•, expand space as necessary]
This amendment continues the shared faculty costs for WSU Whatcom County Extension for 2014 and
includes an additional shared faculty cost of a Forestry Specialist for 2014 and incorporates funding
from Whatcom County Solid Waste Division into this contract for 2014.
Term of Contract: One year I
Expiration Date: 12/31/2014
Contract Routing Sleps & Si„nuff: fs�n or initiall_[indicaLe date transmitted]
1. Prepared by Drew Betz Date 11/ 19/ 13 [electronic]
2. Attorney reviewed KNF Date 11/20/13 [electronic]
154
Whatcom County Contract No.
9909009-(S
Amendment No. 15
Whatcom County Contract No. 9909009
CONTRACT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE UNIVERSITY
THIS AMENDMENT is to the Memorandum of Agreement between Whatcom County and Washington State University
dated September 22, 1999, and designated "Whatcom County Contract No. 9909009". In consideration of the mutual
benefits to be derived, the parties agree to the following:
Appendix A to this agreement is amended as set forth in the attached Amended Appendix A.
Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full
force and effect.
This Amendment takes effect January 1, 2014, regardless of the date of signature.
IN WITNESS WHEREOF, Whatcom County and Washington State University have executed this Amendment on the date
and year below written.
DATED this
CONTRACTOR:
day of
Washington State University
(Authorized Signer)
200_
STATE OF WASHINGTON )
)ss.
COUNTY OF WHATCOM )
On this day of 20_, before me personally appeared to me known to be the
of , who executed the above instrument
and who acknowledged to me the act of signing and sealing thereof.
WHATCOM COUNTY:
Recommended for Approval:
Approved as to form:
NOTARY PUBLIC in and for the State of Washington, residing at
. My commission expires:
Prosecuting Attorney bate
155
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:
Dan Nordquist, Director, Office of Grant & Research Development
Room 423 Neill Hall
Pullman, WA 99164- 3140
Mailing Address:
OGRD
Washington State University
Pullman, WA 99164- 3140
Contact Name: Dan Nordquist
Contact Phone: (509) 335-9661
Contact FAX: (509) 335-1676
Contact Email: ogrd@wsu.edu
156
INTERAGENCY AGREEMENT
Between
WASHINGTON STATE UNIVERSITY EXTENSION
And
Whatcom County
APPENDIX A
Professional Services Contract
The following individuals and programs will be jointly funded under this Memorandum
of Agreement through a Personal Services Contract for the period January 1 through
December 31, 2014.
$ Amount for
Number
County Portion
1
County Director *
$24,217.00
3
Resident Extension Faculty:
4H Agent
$19,775.00
Agricultural Systems Agent
$19,775.00
Water Resources Agent
$19,775.00
1
Forestry Faculty
$10,000.00
Community Horticulture Program
$20,000.00
Total
$113,542.00
*Includes department head responsibilities for one Extension Educator.
Richard Koenig
Associate Dean and Director
WSU Extension
Date Jack Louws Date
Whatcom County Executive
Dan Nordquist Date
AVPRA/Director
Office of Grant & Research Development
1
157
158
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-413
CLEARANCES
Initial
Date
Date Received in Council Offhce
A enda Date
Assigned to:
Finance &
Originator:
11/27/13
Cam% l:`�' Q� `'r�'
(" �`
12/10/13
Council
Division Head:
DEC3 2013
VYWCOM COUNTY
COUNCIL
Dept Head:
Prosecutor.
Purchasin /Bud et:
I A
X,
11 /27/13
®e)
Executive:
®`
TITLE OF DOC T. Bid #13-95 Award Recommendation for Replacement Pickup Trucks
ATTACHMENTS: Memos from Finance and Public Works
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.)
Public Works is requesting approval award the bid for ten replacement half ton 4-wheel drive extended cab
pickup trucks. The vendor is Bud Clary and the total cost is $263,688.81. This is a planned purchase and
adequate funds are available.
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.
159
WHATCOM COUNTY
ADMINISTRATIVE SERVICES
FINANCE/ACCOUNTING
Whatcom County Courthouse
311 Grand Avenue, Suite #503
Bellingham WA 98225-4082
Brad Bennett, Finance Manager
DATE: 27 November 2013
TO: Jack Louws, County Executive
FROM: Brad Bennett, Administrative Services Finance Manager
SUBJECT: Award of Bid 13-95 Extended Cab 4-Wheel Drive Pickups
■ Background & Purpose
Bids were advertised for. 10 replacement half ton extended cab 4-wheel drive pickup
trucks for various divisions of Public Works. Five bids were received and are noted
below.
n
4�'�C �a Si' ps.'.' �F ." £h
'+`�"�. � '�"•s
,y ct "` � ■
A �43
✓rt"2�5�"? f ..� ,y„ :.
Bud Clary Auto Group
'14 Ram Quad Cab
23,952.00
239,520.00
19,640.64
259,160.64
Legacy Ford
'14 Ford F150
24,449.00
244,490.00
21,026.14
265,516.14
Sound Ford
'14 Ford F150
24,564.00
245,640.00
24,072.72
269,712.72
Wilson Motors
'14 Nissan Titan King
24,841.00
248,410.00
22,108.50
270,518.50
Rairdons of Bellingham
'14 Ram 1500 Express
33,080.00
330,800.00
29,441.20
360,417.20
Public Works is requesting approval to award to -the low bidder Bud Clary of Moses
Lake and to add $4,185.00 in options. The total cost for this purchase is $263,688.81.
■ Funding
This is a planned purchase and adequate funds are available in the current ER&R
budget.
I concur with this request.
Admin. Services Finance Manager
Approved as recommended:
County Executive
Date of Council Action
160
EQUIPMENT SERVICES DIVISION
WHATCUM COUNTY
PUBLIC WORKS DEPARTMENT
FRANK M. ABART
Director
�GCM Co
a
�9SHINGlo
MEMORANDUM
901 W. Smith Road
Bellingham, WA 98226-9610
Phone (360) 676-6759
Fax (360) 380-8115
Eric L. Schlehuber, Division Manager
TO: Brad Bennett, AS Finance Manager
THROUGH: Frank M. Abart, PW Director ro-qi 1 0
FROM: Eric L. Schlehuber, PW Equipment Services Manag
Jeff Gollen, PW Maintenance & Operations Superinten qen't
RE: Bid 13-95,'/ Ton Extended Cab 4WD Pickups
DATE: November 22, 2013
■ Requested Action
After researching the cost for a '/2 ton extended cab four-wheel drive pickup, I am requesting
Executive and Council approval to purchase ten 2014 Dodge Ram 1500 Ext Cab 4WD Tradesman to
replace the following:
DEPT
REPLACE UNIT
MAKE I MODEL
EST. MILEAGE
PW — M&O
88
2001 Dodge Ram 1500 Ext Cab 4WD
150,310.0
PW — M&O
109
2001 Ford F150 Ext Cab 4WD
126,750.0
PW — M&O
137
2004 Ford F150 Ext Cab 4WD
145,725.0
PW — M&O
144
2002 Ford F150 Ext Cab 4WD
137,044.0
PW — ENG
149
2007 Ford F150 Ext Cab 4WD
129,214.0
PW — M&O
153
2007 Ford F150 Ext Cab 4WD
118,036.0
PW — ENG
171
2002 Ford F150 Ext Cab 4WD
171,691.0
PW — M&O
174
2003 Chevrolet K1500 Ext Cab 4WD
135,028.0
PW — M&O
176
2003 Chevrolet K1500 Ext Cab 4WD
125,771.0
SHF — EMER
198
2002 Ford F150 Ext Cab 4WD
110,324.0
■ Background and Purpose
These units were approved as replacements in the 2013-2014 Equipment Rental and Revolving
Capital Equipment Budget. The Public Works Engineering and Maintenance & Operations Division
will these units as needed in the performance of county business on county road projects and road
maintenance. The Sheriff's Office- Emergency Management will use this unit in the performance of
county business in maintaining public safety. Bids were duly advertised for these'/2 ton extended cab
four-wheel drive pickups. Four bids were received on Tuesday, November 19, 2013. Listed below is
the detailed bid tabulation for the lowest and most responsive bid that meets specific minimum
specifications:
161
Bid 13-95,'/ Ton Extended Cab 4WD Page 2 of 2
VENDOR
MAKE % MODEL
QTY
PRICE EACH
OPTIONS*
SALES TAX
(8.2%)
EXTENDED
� TOTAi
2014 Dodge Ram 1500
Bud Clary
Ext Cab 4WD
10
$ 23,952.00
$ 4,185.00
$19,983.81
$ 263,688.81
Tradesman
*Options: Bed Liner- Sprayed, HD Towing Package & (1) Spotlight (driver's side).
■ Funding Amount and Source
This amount has been budgeted during in the 2013-2014 Budget process. I am requesting Executive
and Council approval to purchase these units from Bud Clary of Moses Lake in Longview,
Washington for the price of $23,952.00 per unit for a total of $239,520.00 for ten units, plus options
total of $4,185.00, plus sales tax of $19,983.81 for a total amount of $263,688.81.
■ Recommended Action
Please approve this purchase and forward to the Executive and the Whatcom County Council for
approval at.the December 10, 2013 Whatcom County Council Meeting. Please contact Eric L.
Schlehuber at extension 50607, if you have any questions or concerns.
162
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-414
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
11/27/13
�"R It'-z �C' E �1 V F F)
DEC 0 3 20`13
12/10/13
Finance &
Council
Division Head:
Dept. Head:
WHA-IrCOM COUNTY
Prosecutor-
COUNCIL,
PurchasinglBuq22L_
11/27/13
Executive:
TITLE OF DOCWWAIT. Bid #13-96 Award Recommendation for Replacement Small Pickup Trucks
ATTACHMENTS: Memos from Finance and Public Works
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.)
Public Works is requesting approval award the bid for three replacement quarter ton 4-wheel drive extended
cab pickup trucks. The vendor is Bud Clary and the total cost is $87,950.37. This is a planned purchase and
adequate funds are available.
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract
Related File Numbers:
Ordinance or Resolution
Number.
Pleas Note: Once adopted and signed, ordinances and resolutions are available for viewing and
printing on the County's website at: www.co.whatcom.wa.uslcouncil.
163
WHATCOM COUNTY
ADMINISTRATIVE SERVICES
DATE: 27 November 2013
FINANCE/ACCOUNTING
Whatcom County Courthouse
311 Grand Avenue, Suite #503
Bellingham WA 98225-4082
Brad Bennett, Finance Manager
TO: Jack Louws, County Executive
FROM: Brad Bennett, Administrative Services Finance Manager
SUBJECT: Award of Bid 13-96 Extended Cab 4-Wheel Drive Quarter Ton Pickups
Background & Purpose
Bids were advertised for three replacement quarter ton extended cab 4-wheel drive pickup
trucks for the Health Department and Planning & Development. One bid was received on
November 19 and is noted below.
im
Bud Clary
'14 Toyota Tacoma Access
27,095.00
81,285.00 6,665.37
87,950.37
Public Works is requesting approval to award to the sole bidder Bud Clary of Moses Lake. The
total cost for this purchase is $87,950.37.
Funding
This is a planned purchase and adequate funds are available in the current ER&R budget.
I concur with this request.
Admin. Services Finance Manager
Approved as recommended:
County Executive
Date of Council Action
164
EQUIPMENT SERVICES DIVISION
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
FRANK M. ABART
Director
MEMORANDUM
TO: Brad Bennett, AS Finance Manager
901 W. Smith Road
Bellingham, WA 98226-9610
Phone (360) 676-6759
Fax (360) 380-8115
Eric L. Schlehuber, Division Manager
THROUGH: Frank M. Abart, PW Director
�a
FROM: Eric L. Schlehuber, PW Equipment Services Manager .
y
RE: Bid 13-96,'/ Ton Extended Cab 4WD Pickups
DATE: November 22, 2013
■ Requested Action
After researching the cost for a '/ ton extended cab four-wheel drive pickup, I am requesting
Executive and Council approval to purchase three 2014 Toyota Tacoma extended cab 4x4 pickups to
replace the following:
DEPT
REPLACE UNIT
MAKE I MODEL
EsT. MILEAGE
PD&S
26
2003 Ford Ranger Ext Cab 4x4
137,374.0
HLTH
53
2003 Ford Ranger Ext Cab 4x4
105,382.0
HLTH
76
1999 Ford Ranger Ext Cab 4x4
101,194.0
■ Background and Purpose
These units were approved as replacements in the 2013-2014 Equipment Rental and Revolving
Capital Equipment Budget. The Planning & Development Services and the Health Departments will
these units as needed in the performance of county business. Bids were duly advertised for these '/
ton extended cab four-wheel drive pickups. One bid was received on Tuesday, November 19, 2013.
Listed below is the detailed bid tabulation for the sole and lowest most responsive bid that meets
specific minimum specifications:
VENDOR
MAKE / MODEL
QTY
PRICE EACH
OPTIONS)
SAL �t'
$,2
EXTENDED TOTAL
(INCLUDING
0
Bud Clary
2014 Toyota Tacoma
3
$ 27,095.00
$ 6,665.37
$ 87,950.37
Ext Cab 4x4
■ Funding Amount and Source
This amount has been budgeted during in the 2013-2014 Budget process. I am requesting Executive
and Council approval to purchase these units from Bud Clary of Moses Lake in Longview,
Washington for the price of $27,095.00 per unit for a total $81,285.00 for three units, plus sales tax of
$6,665.37 for a total amount of $87,950.37.
165
Bid 13-96,'/ Ton Extended Cab 4WD Pape 2 of 2
■ Recommended Action
Please approve this purchase and forward to the Executive and the Whatcom County Council for
approval at the December 10, 2013 Whatcom County Council Meeting. Please contact Eric L.
Schlehuber at extension 50607, if you have any questions or concerns.
166
WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2013-415
CLEARANCES
Initial
Date
Date Received in Council Office
Apenda Date
Assigned to:
Originator:
11/27/13
i (C'E �1 V
'�)I[)
12/10/13
Finance &
Council
Division Head.,
DEC 0 3 2013
Dept Head.,
ViAiATCOM COUNTY
COUNCIL
Prosecutor.,
PurchasinglBudget:
'111/27/13
1
X�
Executive:
TITLE OF DOCAWT. Bit! #13-98 Award Recommendation for Cardlock Fuel Service
ATTACHMENTS: Memos from Finance and Public Works
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.)
Public Works is requesting approval award the bid and enter into a contract for cardlock fuel service with the
sole bidder, Reisner Distributor, Inc. Fuel is purchased on an as -needed basis with annual costs of
approximately $400,000. This is a planned, purchase and adequate funds are available.
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.uslcouncil.
167
WHATCOM COUNTY
ADMINISTRATIVE SERVICES
DATE: November 27, 2013
FINANCE/ACCOUNTING
whatcom County Courthouse
311 Grand Avenue, Suite #503
Bellingham WA 98225-4082
Brad Bennett, Finance Manager
TO: Jack Louws, County Executive
FROM: Brad Bennett, Administrative Services Finance Manger
SUBJECT: Award of Bid 13-98 — Cardlock Fuel Service
■ Background & Purpose
Bids were advertised for cardlock fuel service for County vehicles. One bid was
received on Tuesday November 26 and is noted below:
FUEL
fta+ck fire
Handler
Pace. Ca�lort ".
Reisner Distributor
Unleaded Regular
2.480
.080
$2.560
Ultra Low Sulfur Diesel
2.850
.080
$2.930
Public Works is requesting approval to award the bid and to enter into a contract with
the sole bidder, Reisner Distributor, Inc.
The expenditures are based on actual need, and -the 'Fluctuations for the cost of fuel.
Expenditures have been approximately $400,000.00 annually.
■ Funding
This is a regularly budgeted expenditure
budget. I concur with this recommendation.
Approved as Recommended:
County Executive
Date of Council Action
and funds were approved in the current
AS Finance ..-
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
FRANK M. ABART
Director
MEMORANDUM
TO: Brad Bennett, AS Finance Manager
THROUGH: Frank M. Abart, PW Director //,/
FROM: Eric L. Schlehuber, PW Equipment Services Manager
RE: Bid 13-98, Card Lock Fuel Service
DATE: November 27, 2013
EQUIPMENT SERVICES DIVISION
901 W. Smith Road
Bellingham, WA 98226-9610
Phone (360)676-6759
Fax (360) 380-8115
Eric L. Schlehuber, Division Manager
■ Requested Action
Approval requested to award the bid and subsequent contract for the card lock fuel service to the sole
responsive and responsible bidder, Reisner Distributor, Inc. in Anacortes, Washington. The
subsequent contract will be an open-ended amount with a fixed "handling charge" per gallon during
the duration of the contract.
■ Background and Purpose
Bids were duly advertised and submitted for the purposes of providing a card lock fueling system for
county fleet vehicles. One bid from was received on Tuesday, November 26, 2013. This contractor
was chosen, because they were the lowest responsive bidder. The subsequent original contract will
provide the option of extending the card lock fuel service for up to two bi-annual renewals (for a
period of two years each) for a total of five years on this contract. This will be the first year on this
contract.
FUEL
OCTANE
; RA7riNC,
SUPPLIM RACK
w PRtG�
HANDLING CHARGE
PkICE PAR GALLON
Unleaded Regular
87
$ 2.480
$ .080
$ 2.560
Ultra Low Sulfur #2 Diesel
L N/A
1 $ 2.850.
1 $ .080
1 $ 2.930
Access Cards for Vehicles & Drivers $5.00 per card (1-5 cards)
■ Funding Amount and Source
This amount has been allocated in the 2013-2014 ER&R Fund Budget where it is treated as an
expenditure item paid for with funds generated by the monthly equipment rental rates. I am
requesting Executive and Council approval to award this bid and subsequent contract to Reisner
Distributor, Inc. in Anacortes, Washington.
■ Recommended Action
Please approve this purchase and forward to the Executive and the Whatcom County Council for
approval at the December 10, 2013 Whatcom County Council Meeting. Please contact Eric L.
Schlehuber at extension 50607, if you have any questions or concerns.
Encl.
169
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-416
CLEARANCES
Initiaf
Date
Date Received in Council O tce
Agenda Date
Assigned to:
Originator:
WJ
11126113
E E� V E D
12110113
Finance /Council
Division Head.
U ll
DEC 0 3 2013
Dept. Head:
Prosecutor:
►`/
WHATCOM COUNTY
Purchasing/Budget:
COUNCIL
Executive:
TITLE OF D C ENT.•
Aramark Correctional Services, LLC Operating Agreement — Food Service
ATTACHMENTS.
Memorandum to Jack Louws
Operating Agreement — Food Service
SEPA review required? ( ) Yes ( X) NO
Should Clerk schedule a !tearing? ( ) Yes ( X) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
Aramark Correctional Services, LLC was awarded the bid for Jail Food Services. Aramark has the exclusive
right to provide food service (excluding vending machine operation) for the County's inmates, staff and visitors
at the Whatcom County Jail and the Work Center. Aramark agrees to furnish nutritious, wholesome, and
palatable food to such inmates, staff and visitors in accordance with this Agreement and in compliance with the
NCCHC accreditation for the Jail.
COMMITTEEACTION:
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and sighed, ordinances and resolutions are available for viewin-a nd printing On
the County's website at: www.co.whatcom.wa.us/council.
I to
WHATCOM COUNTY JEFF PARKS
SHERIFF UNDERSHERIFF
ER"f ART EDGE
BILL ELFO
SHERIFF CHIEFDEPUTY
n" DOUG CHADWICK
PUBLIC SAFETY BUILDING °#F14 CHIEFDEPUTY
311 Grand Avenue STEVE COOLEY
Bellingham, WA 98225-4078
(360) 676-6650 CHIEFINSPECTOR
s F & -- HIE
MEMORANDUM
JACK
TO: Jack Louws, CounVice
� ,A � a y.�� � �, "��;pVA �..
UN , �,d:..dt�� m . ,,d��'1f�� s a
w
FROM: Bill Elfo, Sheriff
RE: Contract for Jail Famark Correctional Services, LLC
DATE: November 26, 2013
Enclosed are two (2) original of a Contract for Jail Food Service between the Whatcom
County Jail and Aramark Correctional Services, LL for your review and signature
■ Background and Purpose
This contract will provide for Jail Food Service for the main Jail and the Work Center.
Aramark was selected as the Food Service vendor as the result of an RFP process that occurred
in June and July of this year. This contract will run from January 1, 2014 through December
31, 2014 and be eligible for up to four (4) renewals. Aramark has provided Food Service for
Whatcom County Corrections since this service was outsourced in 2001.
■ Funding Amount and Source
Funding for these services comes from the 2014 Whatcom County Sheriff's Office
Corrections Budget in account 118150.6630.
■ Differences from Previous Contract
This contract has the following changes:
■ A decrease in per meal costs for Adult meals from $1.221 to $1.114
■ A one-time Financial Commitment comprising a single $30,000 contribution to
Whatcom County for the sole purpose of assisting with the replacement of the main
jail kitchen floor.
Please contact Wendy Jones at extension 50470, if you have any questions or concerns
regarding the terms of this agreement.
Enclosures (1)
171
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety.
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
` 01 /0
Originating Department:
Whatcom County Sheriffs Office/Corrections
Contract or Grant Administrator:
Wendy Jones, Chief
Contractor's / Agency Name:
Aramark Correctional Services, LLC
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑
Yes® No ❑ If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes ❑ No ❑
Is this a grant agreement?
Yes[:] No ® If yes, grantor agency contract number(s) CFDA #
Is this contract grant funded?
Yes ❑ No ® If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes ® No ❑ If yes, RFP and Bid number(s)13-49 Cost Center: 1.18150.6630
Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
® Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
❑ Interlocal Agreement (between Govt's) ❑Public Works - Local Agency/FederallyAgency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$1.221 per meal (Prior Contract)
• Bid is more than $40,000.
This Amendment Amount:
• Amendments that have either an increase greater than 10% or
$-0.107 (New Contract)
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$1.114 per meal + a one time $30,000 payment to County
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope: Aramark Correctional Services, LLC was awarded the bid for Jail Food Services. Aramark agrees to
furnish nutritious, wholesome, and palatable food to inmates, staff and visitors in accordance with this Agreement and in
compliance with the NCCHC accreditation for the Jail.
Term of Contract: I year
Expiration Date: 12/31 / 14
Contract Routine Steps & Si2noff Sign or Initial Indicate date transmitted
1. Prepared by: WJ
Date: 11 /26/ 13
2. Attorney reviewed:
Date: 11
W1
3. AS Finance reviewed:
Date:
4. IT reviewed, if IT related:
Date:
5. Corrections made:
Date:
6. Attorney si noff:
Date:
11 2:s 1 3
7. Contractor signed:
Date:
?
8. Submitted to Exec Office:
Date:
-
9. Council Approved (if required):
Date:
10. Executive signed:
Date:
11. Contractor original returned to Dept,:
Date:
12. County original to Council:
Date:
Lfjt dited 7/24/ 13
1 u
CONTRACT .
�013//0�),3
f
OPERATING AGREEMENT — FOOD SERVICES
This OPERATING AGREEMENT (the "Agreement") is made as of
, 2013 between the County of Whatcom, with offices at 311 Grand Ave.,
Bellingham WA. 98225, (the "County"), and ARAMARK Correctional Services, LLC, a
Delaware limited liability company, having a place of business at the ARAMARK Tower, 1101
Market Street, Philadelphia, Pennsylvania 191907 ("ARAMARK").
WITNESSETH:
1. GRANT: The County hereby grants to ARAMARK the exclusive right to provide food
services (excluding vending machine operation) for its inmates, staff and visitors at the Whatcom
County Jail located at 311 Grand Ave., Bellingham, Wa. 98225, and the Whatcom County
Sheriff's Office Work Center, located at 2030 Division St. Bellingham, WA 98225 (collectively
known as the "Facilities"). ARAMARK hereby agrees to furnish nutritious, wholesome, and
palatable food to such inmates, staff and visitors in accordance with this Agreement. The food
service shall meet all current standards as established by:
A. The American Correctional Association.
B. The Food and Nutritional Board of the National Academy Science as prescribed
for inmates.
C. The State of Washington and County of Whatcom.
D. The National Commission on Correctional Health Care (NCCHC)
2. OPERATIONAL RESPONSIBILITIES:
A. FACILITIES AND EQUIPMENT: The County shall at its expense provide
ARAMARK with adequate preparation kitchen facilities at the Facilities completely equipped
and ready to operate, together with such heat, refrigeration and utilities services as may be
reasonably required for the efficient performance of the Agreement.
The County shall, at its expense, provide ARAMARK with adequate office and storage
facilities at the Facilities completely equipped and ready to operate together with such heat, and
utilities services as may be reasonably required for the efficient performance of the Services.
ARAMARK shall be responsible for long distance telephone service and any specialized
computer equipment/software they may require.
The County shall furnish building maintenance services for the Facilities and shall
provide preventive maintenance and equipment repairs and replacements for the County owned
equipment and appliances. The County shall furnish and maintain an adequate inventory of
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serviceware, thermal tray and delivery equipment, pots, pans, beverage containers and utensils at
the Facilities. ARAMARK shall monitor the status of serviceware, trays, delivery equipment,
pots, pans, beverage containers and utensils. In the even that any of these items need to be
supplemented or replaced, ARAMARK shall notify the County's designee, currently the Chief
Corrections Deputy, of this need in writing. Electronic notification via e-mail may serve as
written notification. In addition, the ARAMARK Food Service Manager will participate in the
County's biannual budget process by evaluating the status of existing kitchen and laundry
equipment and smallwares, and providing the Chief Corrections Deputy a summary of
anticipated needs for the 2 year budget cycle.
Should the County fail to provide the equipment, repair, maintenance and replacement
services or supplies described in this Section, after notice from ARAMARK to do so,
ARAMARK may, in its discretion and at its option, choose to provide, and bill the County for,
such equipment, repair, maintenance and replacement services or supplies In that event, the
County shall pay for such equipment, repair, maintenance and replacement services or supplies at
the prices billed by ARAMARK. Such prices shall be competitive with the cost of obtaining
such products or services from an independent source in the open market. PROVIDED that
notice must be received by the County a minimum of 15 business days prior to such action.
Notwithstanding the foregoing, to the extent that the equipment item needing repair, replacement
or maintenance is deemed, by ARAMARK in its reasonable discretion, integral to the food
service operation, such 15 day notice period shall be waived by the County.
B. EMERGENCY PLAN: ARAMARK shall submit a contingency emergency plan
to provide for food service in the event of a Force Majeure (hereinafter defined) within 60 days
after the commencement of operations. In the event of a Force Majeure, the County shall assist
ARAMARK by permitting reasonable variations in ARAMARK's menu cycle, Product offerings
and service methods. However, ARAMARK shall not be relieved of its responsibility to provide
meal service under the terms of this Agreement. Additional costs, if any, incurred in providing
service in the event of a Force Majeure shall be borne by the County. The term "Force Majeure"
means any war, riot or other disorder, strike or other work stoppage, fire, flood, or any other act
not within the control of the party whose performance is interfered with, and which, by
reasonable diligence, such party is unable to prevent.
C. MEAL DELIVERY: Facilities personnel shall receive meals at the County
kitchen, shall transport such meals to appropriate areas, and shall return all trays and delivery
equipment to ARAMARK at the County kitchen, in a timely manner. The County reserves the
ability to utilize inmate workers to perform this task. ARAMARK personnel shall verify meal
counts for both regular and special diets prior to the meals leaving the kitchen.
D. PRODUCTS AND CLEANING SUPPLIES: ARAMARK shall purchase and
pay for all food products and kitchen cleaning supplies. Products purchased for use in the food
service operation shall be the property of ARAMARK. The County shall be responsible for
providing maintenance supplies upon notification by ARAMARK personnel.
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ARAMARK shall purchase all food products from USDA inspected plants that are
approved as strictly complying with food safety standards. All food products purchased have a
manufacturer's and distributor's assurance of safe handling. Food products are reviewed and
approved by ARAMARK's registered dietitians to ensure that the food products meet inmate
acceptability and nutritional standards. ARAMARK personnel shall be responsible for checking
the status of all food to be served to make sure it is fit for human consumption. Special care will
be taken with fresh fruits and vegetables to check for the presence of any mold or mildew.
E. PORTION SIZE REQUIREMENT: All entree portions listed on the menu that
are purchased fully cooked, within the manufacturer's tolerance specifications, are based on
weight measurements prior to reheating. Casserole portions and entree portions made from
scratch are based upon weight measurements after the food has been cooked according to
standardized recipes. Portions served will reflect the portion amounts listed on the menu and be
consistent across different areas of the jails. Portions that appear to be undersized or trays that
have obviously different sizes portions will be returned to the kitchen. If the meal tray cannot be
adjusted, a new meal will be provided at no cost to the County.
F. MENU: The menu served at the Facilities may be modified in any way by mutual
agreement of the parties. At minimum however, Adults will be provided with meals containing
2700 calories per day and meet the standards listed in Section 1, sub sections A-D as far as
variety and nutritional content.
G. SANITATION: ARAMARK shall be responsible for daily cleaning and
housekeeping in the food preparation, service, receiving and storage areas, and shall, on a
continuing basis, maintain high standards for sanitation. This shall include regular cleaning of the
kitchen grease trap. Additionally, ARAMARK shall be responsible for the supervision of the Jail
Laundry at the main jail facility, including assigning inmate workers to Laundry positions and
supervising their work. The County shall provide janitorial services for the remainder of the
Facility. The County shall provide janitorial services outside the kitchen facilities provided to
ARAMARK. The County shall clean the vents and ductwork leading to the roof from food
preparation areas. The County shall be responsible for extermination services and the removal of
trash and garbage from the designated food areas, PROVIDED that ARAMARK personnel shall
supervise inmate workers who will transport the trash from the kitchen areas to the facilities trash
dumpsters. Aramark shall make every effort and employ practices as to not allow food or debris
to go down the sink or floor drains.
H. PERSONNEL: ARAMARK shall provide on -site management and supervisory
personnel, and from its regional and headquarters locations, expert administrative, dietetic,
purchasing, equipment consulting and personnel advice and supervision. Every effort shall be
made by ARAMARK to maintain the current Food Service Managers (FSM) on -sight at the
Whatcom County Jail as of 10-20-2013. In the event the current FSM relocates, ARAMARK
will place a FSM experienced in correctional food service on -site to manage this service, The
County shall provide inmate workers at the Facility kitchen. The number of inmates required
shall be determined by the County liaison and ARAMARK's district manager prior to the
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commencement of operations. Such inmates shall be assigned duties in the food service
operation that may include sanitation, food preparation and production, and storeroom functions.
ARAMARK understands that while its personnel is not responsible for physical security within
the Facilities, part of their duties include supervising offenders on the floor and at all times This
includes, but is not limited to: making sure that Food products are not tampered with, all meal
trays are plated with the same amounts of foods as specified on the menu, kitchens supplies and
equipment are not used as contraband, cleaning of the kitchen/laundry area is done in a safe and
thorough manner, food is prepared, handled and stored in compliance with HACCP standards,
and that kitchen equipment is closely tracked, and in the event it is not accounted for at the end
of a shift, reported immediately to the Shift Sergeant of the Jail. Included in the training
provided by ARAMARK for their employees will be, at minimum, the following: Security
policies for the Whatcom County Jail and Work Center, ARAMARK Security Policies, and
recognition, understanding and appropriate responses to offender manipulation (listed as the
RO.M.E training in the bid documents),
The County agrees to supply ARAMARK with radios to use within the facility. The
Kitchen area has limited security cameras which are intermittedly monitored in Central Control
and Deputies will provide immediate response when notified by ARAMARK staff via radio or
emergency button of a problem or the need for assistance. The County does not provide a
continuous Deputy presence within the confines of the kitchen or the laundry.
The County acknowledges that ARAMARK has invested considerable amounts of time and
money in training its supervisory employees in systems, procedures, methods, forms, reports,
formulas, computer programs, recipes, menus, plans, techniques and other valuable information
which is proprietary and unique to ARAMARK's manner of conducting its business and that such
information is available, on a confidential basis, to ARAMARK's supervisory employees.
Therefore, the County agrees that supervisory employees of ARAMARK shall neither be hired by
the County for the term of this Agreement and twelve (12) months thereafter, nor shall the County
permit supervisory employees of ARAMARK to be employed on the County's premises for a
period of twelve (12) months subsequent to the termination of this Agreement (unless such
employees were formerly employees of the County). For the purpose of this prohibition,
"supervisory employees" shall be defined as those persons who have directly or indirectly
performed management or professional services on the County's premises at any time during the
twelve (12) month period immediately preceding termination of this Agreement.
In addition, the County agrees that if it violates the conditions set forth in the immediately
preceding paragraph, then the County shall pay to ARAMARK, and ARAMARK shall accept as
liquidated damages and not as a penalty for such breach, an amount equal to two times the annual
salary of each ARAMARK supervisory employee hired by the County or allowed to work on the
County's premises in violation of the terms of this Agreement.
The County retains the right to thoroughly investigate any current or prospective
employees assigned to the Facility, subject to applicable Federal, state and local laws and
regulations, including but not limited to, the Federal Polygraph Protection Act, as amended. The
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County retains the rights to require all new employees be approved for jail access in advance of
their first day of work, provided that every effort will be made on the County's part to expedite
such approval. The County also retains the right to deny access to the jail/work center for any
new or current ARAMARK employee if, in the judgment of the County, allowing the employee
access to the facilities would constitute a danger to the safety, health and/or security of the
facilities. In the event that facilities access was denied, this shall not constitute a personnel
action on the part of the County against the ARAMARK employee.
I. NO GUARANTEE OF EMPLOYMENT: The performance of all or part of
this contract by ARAMARK shall not operate to vest any employment rights whatsoever and
shall not be deemed to guarantee any employment of ARAMARK or any subcontractor or any
employee of any subcontractor by the County at the present time or in the future.
J. EQUAL EMPLOYMENT OPPORTUNITY: ARAMARK and the County
mutually agree that they shall not discriminate against any employee or applicant for employment
or on any matter directly or indirectly related to employment, because of race, color, religion,
sex, sexual preference, national origin, physical or mental handicap where not relevant to the job,
height, weight, age, marital status, veterans status, or other criteria made illegal by state or
federal law or the County policy. In addition, ARAMARK agrees to take affirmative steps to
ensure that applicants are employed, and that employees are treated, during employment, without
regard to the criteria listed above.
K. INSURANCE and INDEMNIFICATION: ARAMARK shall provide a
Certificate of Insurance, including necessary blanket additional insured endorsements, which
shall carry for the duration of this Agreement general liability and property damage insurance
with the following minimums and coverage:
1. Worker's Compensation insurance as required by law.
2. Property Damage per occurrence - $500,000.00
3. Comprehensive General Liability & Property Damage for bodily injury- $1,000,000.00, to
include, but not limited to the following: premises/operation; personal injury;
products/completed operation, contractual liability with a combined single limit for
bodily injury and property damage of $1,000,000.00.
4. General Aggregate of $2 million
5. The Certificate of Insurance must provide proof of the following: The Certificate must
identify and name Whatcom County, its elected officers and employees, as an additional
insured on the General Liability policy. This insurance shall be considered as primary.
Any insurance coverage (additional insured or otherwise) that ARAMARK provides for
the additional insureds shall only cover insured liability assumed by ARAMARK in this
Agreement; such insurance coverage shall not otherwise cover liability in connection with
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or arising out of the wrongful or negligent acts or omissions ofthe additional insureds
and shall waive all rights of subrogation. The County insurance shall be noncontributory
Notice of cancellation of any insurance policies required herein shall be subject to
ACORD 25 Certificate of Liability standards, and will be delivered, as applicable, in
accordance with policy provisions."
The County and ARAMARK waive any and all right of recovery from each other for
property damage or loss of use thereof, howsoever occurring. This waiver shall include, but not be
limited to, losses covered by policies of fire, extended coverage, boiler explosion and sprinkler
leakage. This waiver shall not apply to claims for personal injury or death.
ARAMARK 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, caused by the
negligence of ARAMARK, its subcontractors, its successor or assigns, or its agents, servants, or
employees, and not any injury or damage as shall have been occasioned by the negligence of the
County or its appointed or elected officials or employees. In case of damages caused by the
concurrent negligence of ARAMARK, its subcontractors, its successors or assigns, or its agents,
servants, or employees, and the County, its appointed or elected officers, employees or their
agents, then this indemnification provision is enforceable only to the extent of the negligence of
ARAMARK, its agents, or its 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.
Each party shall promptly notify the other of any claim for which indemnity is sought,
and shall cooperate fully with the other part in the investigation, defense and settlement of such
claim. The indemnifying party shall have the sole discretion to defend and settle such claims.
L. I HAZARDOUS SUBSTANCES; PRE-EXISTING CONDITIONS. ARAMARK has
no duty to investigate, detect, prevent, handle, encapsulate, remove, or dispose of, and will have
no responsibility to the County or others for any exposure of persons or property to, asbestos,
lead, fuel storage tanks or contents, indoor air pollutants or contaminants, poor air quality, or
hazardous, toxic, or regulated waste substances, toxic mold, pollutants, or contaminants
(collectively, the "Hazardous Substances") at the Facilities or the surrounding premises. The
County will comply with all applicable federal, state, and local laws and regulations, which have
been or will be enacted during the term of this Agreement, regarding such Hazardous Substances
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on the County's premises. The County will inform ARAMARK of the presence of such
Hazardous Substances and acknowledges that ARAMARK employees will not be required to
work in any location where they could be exposed to such Hazardous Substances. ARAMARK
has advised the County that it does not provide or assume any responsibility to remediate mold,
fungi, mildew, indoor air quality or any similar conditions, and that all determinations and
corrective actions regarding mold, fungi, mildew, indoor air quality and any similar conditions
shall be made by the County or a third party retained by the County. ARAMARK personnel will
immediately notify the County in those instances where it has actual knowledge of the presence
of any mold/mildew/fungi or other hazardous substances. In no case will any ARAMARK
employee act in the capacity of a "Designated Person" (within the meaning of the Asbestos
Hazard Emergency Response Act, "AHERA"), which duties remain solely with the County.
ARAMARK will not be responsible for any conditions that existed in, on, or upon the
Facilities before the commencement date of this Agreement ("Pre -Existing Conditions"),
including, without limitation, environmental impairments, and other conditions. The County
shall indemnify and hold harmless ARAMARK, its subsidiaries and affiliated companies, and
their respective directors, officers and employees, against any liability related to, or arising out
of, any defective condition or the presence of Hazardous Substances or Pre -Existing Conditions
on or at the Facilities or the surrounding premises, or the claimed or actual release or threatened
release or disposal of Hazardous Substances from or at the Facilities, to the extent not caused by
the willful misconduct or negligent acts or omissions of ARAMARK, its employees or
subcontractors, including, without limitation, fines, penalties, clean-up costs, or costs of other
environmental remediation measures.
M. COMPLIANCE WITH LAWS: Each party hereto shall comply with all
statutes, lawful ordinances, regulations and requirements, federal, state, and local applicable to
their activities hereunder. In the event ARAMARK is found in violation of any of the
aforementioned laws, and should those violations result in a "shut down' order for the facilities'
kitchens, ARAMARK will be responsible to resolve the violation(s) and provide an alternative
meal service for as long as it takes to resolve the issue. If the cost of the alternative meal service
exceeds the per meal cost agreed to in this contract, ARAMARK will be solely responsible for
the additional expense. The County shall provide reasonable and adequate physical security at
all times for ARAMARK employees, suppliers, management and other authorized visitors.
N. LICENSE, FEES, PERMITS, AND TAXES: ARAMARK shall secure and pay
for all federal, state and local licenses, permits and fees required for the food service operation.
ARAMARK will guarantee all food service workers have a current and valid Food Handler's
permit and will make sure those permits are posted in a security location as mandated by
Washington State law. In those instances where sales or similar tax is assessed ARAMARK
under the terms of this Agreement, the County shall reimburse ARAMARK for such tax utilizing
the invoicing system described below..
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3. FINANCIAL ARRANGEMENTS:
A. FOOD SERVICE - MEAL ORDERS, BILLING AND PRICES: ARAMARK
shall provide meals to the County's inmates, staff and visitors at the per meal prices set forth in
Attachment A. ARAMARK will provide, at no additional cost, a lacto-ovo vegetarian, and/or
vegan diet for all religious requests from the administrative or religious authority. Other religious
meals requested by the administration or religious authority, such as prepackaged meals, shall be
provided at a price to be mutually agreed in advance. ARAMARK shall also prepare, at the per meal
cost set forth in Attachment A, special medical diets as required by the County Jail Health Care staff. All
meals will meet the nutritional requirements of the inmates, and will be of sufficient quality and variety.
The County will arrange and pay to have an independent meal evaluation twice a year, performed by a
registered dietician. Copies of the evaluation will be provided to ARAMARK with the expectations that
any deficiencies noted will be rectified by the following evaluation. Failure to remedy the same significant
deficiencies for 2 evaluations will be a basis for possible cancellation of this agreement unless remedial
action is agreed upon by the parties in writing. The County shall notify ARAMARK of the actual
number of meals ordered each day for both facilities, at a mutually agreed upon time prior to
meal service, and the County shall make additions or deletions to such order within a mutually
agreed upon time prior to meal service. When the initial notice of meals ordered is not given
timely, ARAMARK shall prepare and will be paid for the same number of meals as prepared for
the previous day.
B. FOOD SERVICE- PRICE ADJUSTMENTS: The per meal prices stated in this
Agreement are firm for the period beginning on January 1, 2014and ending on December 31,
2014 Notification of adjustments to the per meal prices for each subsequent 12-month period
shall be made by October 30"' of the then current year. Price adjustments will be determined by
an amount to be mutually agreed upon and set forth in an amendment to this Agreement. Any
meal price adjustment would take effect January 1 of the following year. In the event no
agreement is reached with respect to such adjustment, per meal prices shall be adjusted by an
average of the yearly percentage change in the Consumer Price Index, All Urban Consumers,
U.S. City Average, Food Away From Home Index ("CPI -FAH"), published by the U.S.
Department of Labor and the yearly percentage change in the Market Basket of Products (as
defined below) which approximate the products served at the facilities covered by this
Agreement (the "Client Menu"). The period for determining CPI -FAH and Market Basket of
Products increases shall be August to July of the then -current year (the "Base Period")
The "Market Basket of Products" represents the regional or local costs, in the aggregate,
of categories or types of products that are generally used in the County's Menu (such as dairy,
protein, beverages, fruit/vegetables, etc), based on the Bureau of Labor Statistics data.
C. ADDITIONAL SERVICES: Food, beverage and other services required or desired
by the County outside of the scope of this Agreement shall be provided upon written authorization by the
County and/or Sheriff at mutually agreed upon prices for such services.
4. ONE TIME CONTRIBUTION: Whatcom County is electing to award ARAMARK
contracts for both Food Service and Commissary. As part of the bid for these services, ARAMARK
IF,
included a combination option of a meal price, commissary commission, and one time contribution of
$30,000 to Whatcom County to be used solely for the replacement of the floor in the main jail kitchen
("Financial Commitment"). Whatcom County is electing to choose this option. The per meal price bid
inclusive of the Financial Commitment is reflected in Attachment A, and the commission rate is reflected
in the separate Commissary Services contract. The one-time contribution shall be paid to the County by
ARAMARK by January 31, 2014 and County agrees to utilize the Financial Commitment solely for the
replacement of the kitchen floor.
The Financial Commitment shall be amortized on a straight-line basis over a period of
five years, commencing upon the effective date of this Agreement. Upon expiration or
termination of this Agreement by either party for any reason whatsoever prior to the complete
amortization of the Financial Commitment, County shall reimburse ARAMARK for the
unamortized balance of the Financial Commitment as of the date of expiration or termination
plus all accrued but unbilled interest as of the date of expiration or termination. Such interest
shall accrue from the effective date of this Agreement at the Prime Rate plus two percentage
points per annum, computed each accounting period on the declining balance. In the event such
amounts owing to ARAMARK are not paid to ARAMARK within 30 days of expiration or
termination, County agrees to pay interest on such amounts at the Prime Rate plus two
percentage points per annum, compounded monthly from the date of expiration or termination,
until the date paid. The right of ARAMARK to charge interest for late payment shall not be
construed as a waiver of ARAMARK's right to receive payment of invoices within 30 days of the
invoice date.
5. ACCOUNTING: ARAMARK shall submit to the County on the first day of every week,
for the preceding week an invoice for inmate/staff meals ordered or served, whichever is greater,
and other goods or services provided by ARAMARK, if any. The price per meal charged to the
County for meals served to inmates and staff is set forth in Attachment A.
Prices set forth in Attachment A apply for the period of January 1, 2014 through
December 31, 2014. The invoice shall reflect the preceding week's food services detailing the
greater of the number of meals served or ordered on a daily basis as follows:
1. Adult inmate meals
2. Staff/visitor meals
3. Any additional food, beverage or other services, as required
A. MANNER OF PAYMENT: Payment shall be made by check payable to
ARAMARK Correctional Services, LLC within thirty (30) days after the invoice date. Such
payment shall be sent to:
ARAMARK Correctional Services, LLC
P.O. Box 406019
Atlanta, Georgia 30384-6019
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(payments only shall be sent to this address, all other correspondence shall be sent to the
address set forth in Section 1 hereof.) If any invoices are not paid within forty-five (45) days of
the invoice date, interest shall be charged on each invoice at One Hundred Twenty -Five Percent
(125%) of the Prime Interest Rate per annum on the unpaid balance (or in the event local law
prohibits the charging of such rate, interest shall be charged at the maximum legal rate permitted),
computed from the invoice date until the date paid, PROVIDED the reason behind such delay are
actions by the County. If billing is delayed due to actions on the part of ARAMARK employees, no
interest will be paid by the County. The term "Prime Interest Rate" shall mean the interest rate
published in The Wall Street Journal as the base rate on corporate loans posted by at least Seventy -
Five Percent (75%) of the thirty (30) largest U.S. commercial banks, such rate to be adjusted on the
last day of each ARAMARK accounting period.
The right of ARAMARK to charge interest for late payment shall not be construed as a
waiver of ARAMARK's right to receive payment of invoices within thirty (30) days of the invoice
date. In the event that ARAMARK incurs legal expense in enforcing its right to receive timely
payment of invoices, the County agrees to pay reasonable attorney's fees and other costs.
ARAMARK shall provide the County with a comprehensive monthly summary of meals,
services and credits. This summary shall be forwarded to the County Administrator or his
designee each month.
B. MATERIAL ADVERSE,CHANGE: The financial arrangements in this Agreement
are based on conditions existing as of the Effective Date including any representations regarding
existing and future conditions made by County in connection with the negotiation and execution of this
Agreement. If such conditions change due to causes beyond ARAMARK's control, including, but not
limited to, a change in the scope of ARAMARK's services; menu changes; a substantial decrease in the
Facilities' inmate population or the availability of inmate labor; efforts to organize labor; increases in
food, fuel, equipment, utilities and supply costs; Federal, State and local sales, and other taxes and other
operation costs; a change in Federal, State and local standards, requirements recommendations, and
regulations including any applicable Child Nutrition Programs;; or other unforeseen external market
conditions outside ARAMARK's control, then ARAMARK shall give County written notice of such
increase or change, and within thirty (30) calendar days after such notice, ARAMARK and County shall
mutually agree upon modification(s) to offset the impact of the increase or change, which modifications
may include any or a combination of the following: an adjustment to ARAMARK's price per meal,
modifications to the menu, or modifications to ARAMARK's scope of services.
C. PHONE SERVICE PROVIDERS: In the event that there is a change in the
phone service provider used at the Facility or in the process by which phone cards or phone time
is sold to inmates, the County shall be responsible for the cost or shall cause the phone service
provider to be responsible for the cost of the following: (1) any software development required
by the change; (2) system integration; (3) use of ARAMARK hardware and software to sell
phone service; and (4) any other cost incurred by ARAMARK, including but not limited to
increased costs for labor, handling, and reporting.
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D. ACCESS AND RECORDS: ARAMARK will maintain accurate books and
records in connection with the food and commissary service operations and shall retain such
records for thirty-six (36) months after the close of the federal fiscal year (October 1, through
September 30). Books and records connected to the Whatcom County Jail food service
operation shall be available for audit by the County or State of Washington at any time.
6. TERM OF AGREEMENT: The initial term of this Agreement shall commence on
January 1 st, 2014and shall continue through December 31 st, 2014. By mutual agreement, the
term of this Agreement may be renewed for five (5) additional years for a total of 6 years.
7. TERMINATION:
A. TERMINATION FOR CONVENIENCE: Either party may terminate this
Agreement for convenience, at any time during the term or any renewal or extension, upon ninety
(90) day's notice to the other party.
B. TERMINATION FOR DEFAULT: Either party may terminate this Agreement
upon a breach or default of this Agreement by the other party, which is not cured within thirty
(30) days after receipt by the defaulting party of a notice from the non -defaulting parry,
specifying the nature of such breach or default.
C. CONSEQUENCES OF TERMINATION: If this Agreement is terminated
under any circumstances, the County shall pay ARAMARK for all inmate and staff meals,
commissary and other services, provided by ARAMARK to and including the date of
termination, at the rates and within the payment periods set forth in this Agreement. The
County's obligation to pay for meals and commissary services provided shall survive the
termination or expiration of this Agreement.
8. NOTICE: All notices or other communication hereunder shall be deemed to be duly
given when made in writing and delivered in person or deposited in the United States mail,
postage prepaid, certified mail, return receipt requested and addressed to the party at its
respective address first set forth above, or such other address as it may designate, by notice
given as aforesaid.
9. CONFLICTS OF INTEREST: ARAMARK covenants that it presently has no interest
and shall not acquire any interest, direct or indirect, which would conflict in any manner or
degree with performance of this Agreement and no person having any such interest shall be
employed. In addition, no officer, agent or employee of the County and no member of its
governing body shall participate in any decision relating to this Agreement which affects his/her
personal interest or any corporation, partnership, association which he/she is directly or
indirectly interested or has any personal or pecuniary interest.
10. CONFIDENTIAL INFORMATION: All financial, statistical, operating and personnel
materials and information, including, but not limited to, software, technical manuals, recipes,
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menus and meal plans, policy and procedure manuals and computer programs relative to or
utilized in ARAMARK's business (collectively, the "ARAMARK Proprietary Information") are
and shall remain confidential and the sole property of ARAMARK and constitute trade secrets of
ARAMARK. The County shall keep all ARAMARK Proprietary Information confidential and
shall use the ARAMARK Proprietary Information only for the purpose of fulfilling the terms of
this Agreement. PROVIDED that information provided the County in ARAMARKS bid
documents as the result of the RFP for these services became the property of the County and, as
such, falls under the Public Records Act of Washington State. As such any information contained
within the bid documents is subject to release to any public or private person/entity.
Notwithstanding the foregoing, to the extent the County receives a Public Records request for
ARAMARK's bid documents, prior to disclosing any such information, County shall advise
ARAMARK of such request and provide ARAMARK with an opportunity to explain why such
information should be exempt from disclosure pursuant to the Public Records Act of Washington
State.
The County shall not photocopy or otherwise duplicate any materials containing any
ARAMARK Proprietary Information without the prior written consent of ARAMARK except as
noted above. Upon the expiration or any termination of this Agreement, all manuals, software,
computers, diskettes, disks and disk drives, and other materials or documents containing any
ARAMARK Proprietary Information, shall be returned to ARAMARK.
ARAMARK, its employees, subcontractors, and their employees shall maintain the
confidentiality of all information provided by the County or acquired by ARAMARK 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. ARAMARK shall
immediately give to the County notice of any judicial proceeding seeking disclosure of such
information. ARAMARK 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 ARAMARK's breach of this provision
11. ASSIGNMENT: ARAMARK may not assign this Agreement without the County's prior
written consent (not to be unreasonably withheld, conditioned or delayed), except that ARAMARK may
assign this Agreement, in its sole discretion, to any of its affiliates without any consent being required.
The term "affiliate" means any corporation, limited liability company or any other person controlling,
controlled by or under common control with, ARAMARK.
12. PRESS RELATIONS: ARAMARK shall coordinate with the County Sheriff's Office
on any and all press or media releases concerning services for the Whatcom County Jail and/or
Work Center.
13. INDEPENDENT CONTRACTOR: ARAMARKS services shall be furnished by
ARAMARK 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
12
184
and all services performed shall be made and performed pursuant to this Agreement by
ARAMARK as an independent contractor.
ARAMARK acknowledges that the entire compensation for this Agreement is specified
as described herein this contract and that ARAMARK 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. ARAMARK
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
14. ENTIRE AGREEMENT: This Agreement represents the entire agreement and
understanding between the County and ARAMARK and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both the County and ARAMARK.
15. SEVERABILITY: If any provision hereof or the application thereof to any person or
circumstance is held to any extent, to be void, invalid or unenforceable, the remainder of this
Agreement, and the application of such provision to other persons or circumstances, shall not be
affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.
16. WAIVER: The failure of ARAMARK or the County to exercise any right or remedy
available under this Agreement upon the other party's breach of the terms, covenants and
conditions of this Agreement or the failure to demand the prompt performance of any obligation
under this Agreement shall not be deemed a waiver of such right or remedy; or the requirement
of punctual performance; or of any subsequent breach or default on the part of the other party.
13
185
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their
duly authorized representatives as of the day and year first above written.
ARAMARK Correctional Services, LLC WHATCOM COUNTY
� Recom ed for royal
Mark R. A ams, Vice President Finance S e iff. D TE
Approved as to Form:
It/2t3
Prosecuting A rney 0 DATE
STATE OF WASHINGTON )
) SS
COUNTY OF WHATCOM )
Approved for Whatcom County:
BY:
Jack Louws, Whatcom County Executive
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 an for the State of Washington, residing at
My Commission expires
CONTRACTOR INFORMATION:
ARAMARK Correctional Services, LLC
Address:
Aramark Tower
1101 Market Street
Philadelphia, PA 19107
Attn: Kristin Blackman
Contact Name: Mark Williamson, District Manager
Contact Phone: (206) 799-2909
Contact Fax: (206) 860-4273
Contact Email: Williamson-mark@aramark.com
14
:•
Attachment A
Whatcom County, Washington
Effective January 1, 2014 through December 31, 2014
Price, per Meal
Type of Meal
Inmate
Staff
$1.114
t $1.11 4
*This contract also includes a single, one-time monetary contribution from ARAMARK to Whatcom County for
sole purpose of replacing the current flooring in the main jail kitchen.
13
187
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-417
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
LR
11127113
RE((` �' �VE DO
C 03 01
WHA O COUNTY
COUNCIL
12110113
Financel Council
Division Head:
It
�%s71{ (
Dept Head.
Prosecutor:
Purchasing/Budget:
NJ
/
Executive:
liv
s '
TITLE OF DOCIMANT.
Northwest Regional Council (NWRC) Jail's Nursing Services Contract
ATTACHMENTS:
Memo to Jack Louws
Northwest Re Tonal Council Contract
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( x ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Northwest Regional Council (NWRC) will oversee the activities of the Jail Health Program (JHP) at the
Whatcom County Jail and Work Center. The JHP is a team of health care professionals consisting of nurses, a
nurse program manager and medical assistants. The JHP is responsible to coordinate the delivery of health care to
the inmates at the Whatcom County Facilities. The activities of the JHP shall be limited to providing or
facilitating direct medical, psychiatric or dental care to the inmates housed at either facility.
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.
..1
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No. _
Originating Department:
Whatcom County Sheriff/Corrections
Contract or Grant Administrator:
Laurie Reid, Adm. Coordinator
Contractor's / Agency Name:
Northwest Regional Council (NWRC)
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No
Yes® No ❑ If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes ® No ❑
Is this a grant agreement?
Yes❑ No ® If yes, grantor agency contract number(s) CFDA #
Is this contract grant funded?
Yes ❑ No ® If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes ❑ No ® If yes, RFP and Bid number(s) Cost Center: 118160.6635.003
Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
® Interlocal Agreement (between Govt's) ❑Public Works - Local Agency/FederallyAgency/Federally Funded FHWA
Contract Amount: (sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$ 1,151,666
• Bid is more than $40,000.
This Amendment Amount:
• Amendments that have either an increase greater than 10% or
$:
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope: Northwest Regional Council(NWRC) will oversee the activities of the Jail Health Program (JHP) at
the Whatcom County Jail and Work Center. The JHP is a team of health care professionals consisting of nurses, a nurse
program manager and medical assistants. The JHP is responsible to coordinate the delivery of health care to the inmates at
the Whatcom County Corrections Facilities. The activities of the JHP shall be limited to providing or facilitating direct
medical, psychiatric or dental care to the inmates housed at either facility.
Term of Contract:l year, 16 days
Expiration Date: 12/31/14
Contract Roudn-a Steps & Sianoff Sign or Initial Indicate date transmitted
1.
Prepared by:
Date:
9112-1115
2.
Attorney reviewed:
Date:
i` ,z4-
3.
AS Finance reviewed:
Date:
i Z r
4.
IT reviewed, if IT related:
Date:
5.
Corrections made:
Date:
6.
Attorney si noff.
Date:
ti 21 11
7.
Contractor signed:
Date:
8.
Submitted to Exec Office:
Date:
0 y / 3
9.
Council Approved (if required):
Date:
10. Executive signed:
Date:
Last Edited 7/24/ 13
189
11. Contractor original returned to Dept.: Date:
12. County original to Council: Date:
Last Edited 7/24/13
190
WHATCOM COUN17
SHERIFFS OFTICE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
(360) 676-6650
JEFF PARKS
UNDERSHERIFF
ART EDGE
CHIEFDEPUTY
DOUG CHADWICK
CHIEF DEPUTY
STEVE COOLEY
CHIEFINSPECTOR
wENDY JOKES
CHIEF OF CORRECTIONS
MEMORANDUM
TO: Jack Louws, County Executive
FROM: Bill Elfo, Sheriff
RE: Contract for nursing services with Northwest Regional Council (NWRC)
DATE: November 26, 2013
Enclosed are two (2) originals of a Contract for Jail Nursing and Medical Administration
Services between the Whatcom County Jail and Northwest Regional Council (NWRC), for
your review and signature.
• Background and Purpose
This contract will provide for interim nursing services for jail inmates from December 16`h of
2013 through December 31, 20104. This interim contract was necessitated by the closing of
Visiting Nurse Home Health Care, our current provider. A more detailed explanation of the
steps leading up to this contract and the short and long term plans for this service are included
in the attached memo.
■ Funding Amount and Source
Funding for this agreement will be from cost center 118160.6635.003. The maximum
compensation to the Contractor for this 12 month, 16 day contract shall not exceed $1,151,666
and is an increase of both the previous compensation rate and hours of service.
The increased compensation for 2013 will be absorbed in the 2013 budget allocation. The
increased compensation for 2014 will be funded by a combination of the 2014 approved
budget allocation, and Supplemental Budget Request 1740, utilizing a portion of the Jail's
fund balance. The 2014 beginning fund balance for the jail is expected to be greater than
originally budgeted due to savings from vacancies and higher than budgeted per diem
payments in 2013.
■ Differences from Previous Contract
This contract is with a new provider due to our current provider's closing. This is an interim
contract only and will expire on December 31, 2014. We will be going through an RFP/RFQ
process in May/June of 2014 to select a nursing services provider.
The compensation rate is increasing from $34.55 per hour to $46.50 per hour, due in large part
to the benefit package offered by NWRC. NWRC is a quasi -governmental agency and their
benefit's package is the same as that offered by Whatcom County.
191
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety.
WHAT O,M COUNTY
JEFF PARKS
SHERIFF'S O
�ERIFF-;v-i
UNDERSHERIFF
yNA h>
ART EDGE
BILLSHERIFF
CHIEF DEPUTY
DOUG CHADWICK
PUBLIC SAFETY BUILDING
CHIEF DEPUTY
311 Grand Avenue
Bellingham, WA 98225-4078
STEVE COOLEY
(360) 676-6650
CHIEFINSPECTOR
VVENDY JOIVES
CHIEF OF CORRECTIONS
The maximum hours of service for this contract are increasing from 22,671 to 24,767. The
increase in hours is due to information obtained from Visiting Nurse which demonstrated that
they had been, in effect, subsidizing this service for the county by working hours needed to
provide care to acute inmates, and not charging the County when those hours exceeded the
maximum hours contracted. Please see the attached memo for additional information.
Please contact Wendy Jones at extension 50470, if you have any questions or concerns
regarding the terms of this agreement.
Enclosures (3)
192
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety.
WHATCOM COUNTY SHERIFF'S OFFICE
MEMORANDUM
DATE: 11-25-13
TO: Jack Louws, Whatcom County Executive
Whatcom County Council Members
FROM: Wendy Jones, Chief Corrections Deputy -
i
RE: Jail Nursing Contract
Executive Louws:
Per your request, please allow this memo to be a summary of the changes to the Jail's Nursing
Services Contract for the last part of 2013 and all of 2014.
Background: The jail has contracted with Visiting Nurse Home Care for approximately 20
years for basic nursing services in the jail. The level of service has grown over the years to
include the delivery of prescription medications, in addition to direct nursing care and medical
administrative duties.
In late September of this year, the Interim Executive Director, Mary Baldwin, met with me to
inform me that Visiting Nurse was closing down within the following few months, preferably by
the end of November. This was due primarily to changes in the laws pertaining to their other
major program, the providing of Home Health Care in the community, and the loss of grant
support for that program.
After some discussion, it was agreed that they would continue to supply nursing services
through December 15'h of this year, due in large part to the December 9/10 dates for our
National Commission for Correctional Health Care (NCCHC) accreditation survey. Ms. Baldwin
also offered to work with us to assist in finding another provider.
Between the end of September and the beginning of November, I contacted a number of
different agencies within Whatcom County to see if they would be interested in contracting with
us. These agencies included interfaith, Sea Mar, PeaceHealth, Option Care/Walgreens, and
Northwest Regional Council (NWRC). All but one of these agencies responded that they felt the
services were within their mission, however, with the launch of the Affordable Care Act, and the
new Washington State Health Home initiative, they did not have the ability to pursue the
contract with us at this time. The one agency that indicated they would be able to work with us
was NWRC.
After several emails and meetings with NWRC's Interim Director, Pat Atkinson and her
Administrative Team, an agreement in principle was worked out. On November r, Pat
1
193
received approval from her Governing Board to negotiate a contract with Whatcom County for
the providing of nursing services for the Main Jail and Work Center.
Short term Plan: As of the writing of this memo, a draft contract has been sent to NWRC for
Jail Nursing Services. The proposed contract would run from December 161h, 2013 through
December 31S`, 2014. The total number of hours for the contact will be 24,767, and the total
maximum compensation $1,151,666, or a per unit cost of $46.50. This is a significant increase
from the contract with Visiting Nurse. The maximum hours and compensation originally
contracted for with Visiting Nurse were 22,671 hours and $783,290 per year. The per unit cost
with Visiting Nurse was $34.55.
The 2 factors increasing the cost for this service are the increase in the maximum number of
hours and the per unit cost.
Pat Atkinson and I will be meeting after the first of the year to review staffing levels and
schedules and see if we can reduce the hours without reducing the level of care. The jail has
been experiencing an increase in both population and acuity level of offenders, but we may be
able to come up with some creative scheduling that will allow us to manage both of those issues
at a lesser cost. It appears, based on the discussions I have been having with both NWRC and
Visiting Nurse, that Visiting Nurse has, at various time, basically subsidized the jail nursing
program by not billing us if they worked more hours that the contract provided for. This was
driven by the level of care needed by the offenders.
The per unit cost increase is driven primarily by the benefit package that is offered to employees
by NWRC. It is identical to the package offered by the County and an improvement over what
the nurses had received with Visiting Nurse.
A maximum of 917 hours of the 24,767 maximum will be provided by December 31S` of this
year. Funding for those hours will be provided within the Corrections Bureau's 2013 budget.
The amount potentially needed in 2014 will exceed the budgeted amount by approximately
$326,000. 1 will be bringing forth a one-time budget supplemental, requesting to use a portion of
the fund balance to ever the increased costs. The 2014 beginning fund balance for the jail is
expected to be greater than originally budgeted due to savings from vacancies, and higher than
budgeted per diem payments in 2013.
NWRC met with the current nursing staff on November 19`' to outline employment
opportunitiesand the transition plan. At this time, it is anticipated that most, if not all, of the
current nursing team will transfer employment to NWRC.
Long-term plan. In May/June of 2014, 1 will issue a RFP for nursing services. That RFP will
be released nationwide, and I anticipate that we will receive responses from "For Profit"
companies specializing in Corrections Health Care. I am hopeful we will also receive proposals
2
194
from local providers, since the dust from the Affordable Care Act should have settled by that
time.
Once the RFP responses are evaluated, I will be better able to anticipate the level of funding
that will be needed for the next budget cycle. This will also give us some information that will
provide useful as we move forward with the new jail planning.
Both the short and long-term plans have been reviewed by Finance Manager Brad Bennett.
Brad gave me his approval to delay the RFP until next year and contract with NWRC based on
the need to have nursing services available and the very tight time frame within which we are
working. He also supported the one -tune re -allocation of the jail's fund balance to cover the
additional costs.
The contract will be in the County Executive's office in time to make the deadlines for the
December I& Council meeting.
CC: Sheriff Bill Elfo
Undersheriff Jeff Parks
K
195
Whatcom County Contract No.
0 a
CONTRACT FOR SERVICES AGREEMENT
For Nursing Services at the Whatcom County Jail and Work Center
Northwest Regional Council, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree
and contract as set forth in this Agreement, including:
General Conditions, pp. 3 to 7 ,
Exhibit A (Scope of Work), pp. 8 to 10
Exhibit B (Compensation), pp. 11 to 1 1
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 16`h of December, 2013, regardless of date of signature and shall
terminate on the 31" day of December, 2014.
The general purpose or objective of this Agreement is to -provide nursing services and Jail Health Program oversight for the
Whatcom County Jail and Work Center, 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 this agreement shall not exceed $1,151,666.00
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,
30.1, 32.1, 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
CONTRACTOR:
Northwest Regional Council
- (��o r4'
Pat Atkinson, Exec ive Director (Interim)
STATE OF WASHINGTON )
ss.
COUNTY OF c
FM
On this 21 day of Nova t, 20 t3 , before me personally appeared Pat Atkinson to me known to be the Executive Director
of Northwest Regional Council and who executed the above instrument and who acknowledged to me the act of signing and
sealing thereof.
- L C.C'L-
OTARY PUBLIC in and for the State of Washington, residing at
My commission expires 't JX9/2®tS
NURSING CONTRACT JAIL Final final.doc 196
WIIATCOM COUNTY:
Recommended for Approval:
S eriff Bill Elfo Date
Approved as to orm:
<�1 Z� 13
Prosecuting orney 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.
CONTRACTOR INFORMATION:
Northwest Regional Council
Pat Atkinson, Executive Director (Interim)
Address:
600 Lakeway Drive, Suite 100
Bellingham, WA 98225
Mailing Address:
Same as above
Contact Phone: 360-676-6749
Contact Fax: 360-738-2451
Contact Email: AtkinPJ@dshs.wa.gov
NOTARY PUBLIC in and for the State of Washington, residing at
. My commission expires
2 Nursing Services
197
GENERAL CONDITIONS
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.
10.1 Tenn:
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.
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, after providing notice of such default to the Contractor and fifteen (15) days to cure such
default, terminate the contract by depositing written notice to the Contractor in the U.S. mail, first class postage
prepaid, 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 for work
not performed or where payment is withheld under Section 22.1.
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."
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 County may determine the amount necessary to cure the default. On
cure of any default by Contractor, County shall pay Contractor amounts due. 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.
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, and all payments made
hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an
independent contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the
Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay,
medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County.
The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County,
will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and
has a tax account with the State of Washington Department of Revenue for payment of any sales and use and
Business and Occupation taxes collected by the State of Washington.
3 Nursing Services
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.
30.3 No Guarantee of Employment:
The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights
whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the
Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the
future.
32.1 Confidentiality:
The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all
information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the
prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County.
Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such
information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss
or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from
Contractor's breach of this provision.
33.1 Right to Review.
This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the
right to review and monitor the financial and service components of this program by whatever means are deemed
expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without
notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all
records or other materials which the County deems pertinent to the Agreement and its performance, and any and all
communications with, or evaluations by service recipients under this Agreement; provided however, County
recognizes that Contractor provides services to third parties and -has confidentiality obligations to those parties that
may prevent the Contractor from providing County access to certain information, records, materials and
communications to the County. 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 County's 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 County's
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:
Worker's Compensation insurance as required by law.
Property Damage per occurrence - $500,000.00
Comprehensive General Liability & Property Insurance for bodily injury- $1,000,000.00, to include, but not be
limited to the following: premises/operation; independent contractors; personal injury; contractual liability with a
combined single limit for bodily injury and property damage of $1,000,000.00
The Certificate of such insurance must provide proof of the following: The Certificate must identify and name
Whatcom County, its elected officers and employees, as an additional insured. This insurance shall be considered as
primary and shall waive all rights of subrogation. The County insurance shall be non-contributory. The Certificate
will be attached hereto as Exhibit "C".
34.3 Defense & Indemnity Agreement:
To the extent of its comparative liability, each party agrees to indemnify, defend and hold the other party, its
elected and appointed officials, employees, agents and volunteers, harmless from and against any and all
claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative
dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any
4 Nursing Services
199
damage to or destruction of any property (including the loss of use resulting therefrom) which are alleged or
proven to be caused by an act or omission, negligent or otherwise, of its elected and appointed officials,
employees, agents or volunteers.
A Party shall not be required to indemnify, defend, or hold the other Party harmless if the claim, damage, loss or
expense for personal injury, for any bodily injury, sickness, disease or death or for any damage to or
destruction of any property (including the loss of use resulting therefrom) is caused by the sole act or omission
of the other Party.
In the event of any concurrent act or omission of the parties, negligent or otherwise, each party shall pay its
proportionate share of any damages awarded based upon comparative liability. The parties agree to maintain
a consolidated defense to claims made against them and to reserve all indemnity claims against each other
until after liability to the claimant and damages, if any, are adjudicated. If any claim is resolved by voluntary
settlement and the parties cannot agree upon apportionment of damages and defense costs, they shall submit
apportionment to binding arbitration.
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.
Each party shall promptly notify the other of any claim for which indemnity is sought, and shall cooperate fully with
the other part in the investigation, defense and settlement of such claim. The indemnifying party shall have the sole
discretion to defend and settle such claim.
The County will notify the Contractor if the County becomes aware of a possible claim from any incident involving
offender health care or services provided by the Contractor under this contract. The notification must be in writing
and in no more than 60 days from the date such claims are filed. Notification must include the names and addresses
of the possible claimant and witnesses and a description of the actual or alleged incident, and copies of any demands,
notices, summonses, or legal papers received under the claim or suit. The County shall authorize the Contractor to
obtain records and other information as needed to investigate any claim or suit where Contractor services may be
involved, provided Federal and State medical confidentiality laws are followed as they pertain to offender health
records.
35.1 Non -Discrimination in Employment:
The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all
qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital
status, disability, sexual orientation, or veteran status. The Contractor shall comply with all laws prohibiting
discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion,
national origin, sex, age, marital status, disability sexual orientation, or veteran status, except where such constitutes a
bona fide occupational qualification.
Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative
action to insure that applicants are employed, and treated during employment, without regard to their race, color,
creed, religion, national origin, sex, age, marital status, disability, sexual orientation 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
any employees.
5 Nursing Services
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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, disability, sexual orientation, 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.
36.2 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:
COUNTY
Wendy Jones, Chief Corrections Deputy
Whatcom County Sheriff's Office/Corrections
311 Grand Avenue
Bellingham, WA 98225
CONTRACTOR
Pat Atkinson, Executive Director (Interim)
Northwest Regional Council
600 Lakeway Drive, Suite 100
Bellingham, WA 98225
40.1 Modifications:
Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon
either party, shall be in writing and signed by both of the parties.
41.1 Severabilit .
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.
6 Nursing Services
201
42.1 Disputes:
a. General:
Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be
brought to the attention of the County at the earliest possible time in order that such matters may be settled or other
appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter
specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the
Administrative Officer shall be final and conclusive.
Notice of Potential Claims:
The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of
time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or
occurrence, unless the Contractor has given the County a written Notice of Potential Claim within one hundred and
eighty (180) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment
by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes
additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the
amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and
material used, and all costs and additional time claimed to be additional.
c. Detailed Claim:
The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within
thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final
payment by the County, the Contractor has given the County a detailed written statement of each element of cost or
other compensation requested and of all elements of additional time required, and copies of any supporting documents
evidencing the amount or the extension of time claimed to be due.
43.1 Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this
Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the
County of Whatcom. This Agreement shall be governed by the laws of the State of Washington.
44.1 Survival:
The provisions of paragraphs 11.1, 22.1, 30.1, 33.1, 34.3, 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.
7 Nursing Services
202
EXHIBIT "A"
(SCOPE OF WORK)
I. CONTRACTOR RESPONSIBILITIES:
The Contractor shall:
1. Supervise the activities of the Jail Health Program (JHP) at the Whatcom County Jail and Jail Work Center. The
JHP is a team of health care professionals consisting of nurses, a nurse program manager, and medical assistants. It
is the JHP's responsibility to coordinate the delivery of health care to the inmates at the Whatcom County Jail and
Jail Work Center. The activities of the JHP staff shall be limited to providing or facilitating direct medical,
psychiatric or dental care to inmates at the Whatcom County Jail and Jail Work Center.
2. Provide a team of health care professionals to provide health care to the Jail and Jail Work Center inmates for a total
of 24,767 hours over the length of the contract. Services will include direct nursing, medication delivery,
administrative and quality assurance services.
3. Review and follow-up on health receiving/screening information taken at booking by corrections staff. The JHP
staff may be available to provide a second level health screen at the time of booking as necessary and as scheduled
during the hours provided herein for JHP services.
4. Take health histories of those inmates in need of medical attention; obtain orders for medications for continuing care
in the jail setting; suggest special housing arrangements and determine other therapeutic needs of the inmate. The
JHP and Corrections Department staff shall work together to meet each inmate's medical needs.
5. Offer a screening physical examination to inmates prior to, or on, their 14"' day of consecutive incarceration.
Inmates will be offered an additional screening physical examination after- every consecutive 12 months of
incarceration.
6. Respond to inmates' written request for medical attention within 1 working day.
7. Refer inmates in need of medical or psychiatric treatment to the appropriate resource or facility. These include: jail
physicians, nurse practitioner, jail dentist, St. Joseph Hospital Emergency Department, Designated Crises Responder
(DCR), Community Designated Mental Health Professional (CDMP) or other community resources.
8. Coordinate and schedule jail health care services including clinics conducted by the nurse, physician, psychiatrist,
and dentist.
9. Screen inmates for tuberculosis, as indicated, and refer those with positive results to the Whatcom County Health
Department.
10. Work cooperatively with the Whatcom County Health Department to identify, treat and manage communicable
diseases, including, but not limited to; notification of all reportable conditions as soon as they are identified,
facilitation of identification of potential contacts, assist in testing, coordinating treatment.
11. Screen inmates to determine need for HIV testing, counseling and STD testing, at the 14 day screening physical
exam.
12. Maintain a confidential medical record for all inmates treated by the JHP. JHP staff shall augment these records
with information from outside providers when necessary.
13. Maintain a manual of health care policies and procedures and treatment guidelines for nurses and medical assistants.
14. Review the jail first aid policies and procedures when requested. First aid kits and supplies shall be monitored
monthly by the JHP staff.
8 Nursing Services
203
15. Arrange for safe delivery, storage and administration of medications. This shall include making available
prescription and non-prescription medication for delivery to inmates. The JHP staff and the Corrections Department
share responsibility in providing a medication delivery system.
16. Participate in the orientation of new Corrections Department staff to the JHP and medication administration policies
and procedures. Additional in-service education shall be provided to the Corrections Department staff by the JHP
staff on issues involving inmate health care as requested.
17. Arrange for monthly medical peer review, nursing quality assurance audit, medication system audit and controlled
drug count.
18. Provide JHP services five days per week, Monday through Friday, from 7:00 AM to 9:00 PM, including legal
holidays. Provide JHP services two days a week, Saturday and Sunday, from 7AM to 3:30 PM including legal
holidays. Nurse's clinic services for the Work Center are Tuesday through Friday, 4-6 hours a day, on a flexible
schedule to accommodate the need. This schedule may be adjusted by mutual agreement between the Corrections
Department and the Contractor.
19. Upon request, provide the Corrections Department with a copy of an inmate's medical record to be transferred with
the inmate to a receiving institution.
20. Be administratively responsible to the Administrative Physician and the Contractor's designated manager. The
nurses are subject to all of the Contractor's personnel procedures. The Contractor shall provide ongoing in-service
education and other continuing education to the JHP staff.
21. Arrange for all contract staff to be processed for the Jail and Jail Work Center- security clearance prior to regular
access to any County Corrections Facility.
22. Arrange the quarterly administrative meetings between the JHP staff, jail staff, chief of corrections, corrections
lieutenants, sheriff, physicians, dentists, mental health practitioners, pharmacists and provide documentation of these
meetings.
23. Prepare an annual statistical report of services rendered.
24. Assist the Corrections staff in meeting the established standards for Health Services for Jails put forth by the
National Commission on Correctional Health Care (NCCHC) in order to maintain the jail's accreditation by the
NCCHC.
H. CORRECTIONS DEPARTMENT STAFF RESPONSIBILITIES:
The Corrections Bureau staff shall:
1. Provide initial health receiving/screening as the inmate is booked into jail and forward this information to the JHP
staff for follow up.
2. Determine if an inmate's request for medical attention is of an emergent nature. Arrange for further medical triage
or emergency care through the JHP staff or St. Joseph Hospital Emergency Department. Non -emergent request for
health care shall be forwarded directly to the JHP staff.
3. Deliver medications per instructions from the jail health care staff or other qualified medical personnel.
4. Provide transportation of inmates and their medical records to outside facilities when requested by a practitioner or
the JHP staff.
5. Notify the JHP staff when an inmate with significant health care needs is transferred to another institution. The JHP
staff shall prepare a copy of the inmate's medical records, documentation of current medications, and other
information that shall facilitate the continuity of health care between institutions. If JHP staff is not on duty, the
Corrections Bureau staff shall copy and send these documents.
9 Nursing Services
204
6. Provide names of inmates who have been incarcerated for more than fourteen (14) days due to health care staff for a
health screening exam.
7. Provide timely escort of inmates within the jail to promote the smooth operation of various practitioner clinics.
8. Provide security stand-by for inmates needing additional supervision.
9. Forward copies of reports detailing information that may affect inmate's healthcare to JHP staff.
10. Employ the jail physician and provide oversight and supervision to him/her, who shall supervise the provision of
medical services by medical staff.
10 Nursing Services
205
EXHIBIT "B"
(COMPENSATION)
IV. BILLING FOR SERVICES RENDERED:
1. As consideration for the services provided and described in this agreement, the County agrees to reimburse the
Contractor upon submission of an itemized bill for services rendered at the end of each month.
2. The full range of Contractor's services shall be billed at the rate of $46.50 per hour for each hour worked by each
JHP staff member working in the jail, with the maximum annual compensation under this agreement in the amount
of ONE MILLION ONE HUNDRED FIFTY ONE SIX HUNDRED SIXTY SIX DOLLARS ($1,151,666).
I I Nursing Services
206
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-418
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
g
Pi
10113113
li�� �[;_-; � f_'_:�. ff
DEC, 0 3 2013
12110113
Finance/Council
Division Head:
13
Dept. Head:
a
W H � � OM COUNTY
Prosecutor:
ll l
COUNCIL
Purchasin /Bud et:
Al
Executive:
" I
TITLE OF DOCUNY
Contract amendment and extension between Whatcom County and Lydia Place to provide case management and supportive services
to those individuals receiving rental subsidies through the Whatcom Homeless Service Center.
ATTACHMENTS.
Contract Info Sheet
Memo to Executive
2 Originals of Contract Agreement
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 apublic hearing, you must
provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining
the intent of the action.)
The purpose of the contract is to provide case management and supportive services to individuals receiving rental subsidies through the
Whatcom Homeless Service Center in order to improve housing stability and reduce homelessness in Whatcom County. The contractor
will serve homeless individuals and households in need of re -housing services.
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.
207
WHATCOM COUNTY
Health Department
509 Girard Street
Bellingham, WA 98225
MEMORANDUM
Regina A. Delahunt
Director
NOV 27 2013
TO: Jack Louws, County Executive J
ACK LOUWS
Pb COUNTY EXECUTIVE
FROM: Regina A. Delahunt, Director
RE: Lydia Place, Whatcom Homeless Service Center Case Management
Services, Contract Amendment 3
DATE: November 21, 2013
Enclosed are two (2) originals of a contract amendment between Whatcom County and
Lydia Place for your review and signature.
■ Background and Purpose
The purpose of this contract amendment is to continue case management and supportive
services to individuals receiving rental subsidies through the Whatcom Homeless Service
Center (WHSC) in order to improve housing stability and reduce homelessness in
Whatcom County. The contractor will serve homeless individuals and households in need
of re -housing services. So far in 2013, Lydia Place has provided 85 households case
management support.
Funding Amount and Source
The source of funding for this contract, in an amount not to exceed $113,996, during the
contract period, is local document recording fees. Council approval of this contract
amendment is required because we are extending for a fourth year when Section 10.2
provided for a maximum of three years only.
■ Differences from Previous Contract
The amendment extends the duration of the current contract for an additional 12 months
with no changes to the budget or scope of work
The contract history is:
• Original amount
$84,500.00
• Amendment #1
$84,500.00
• Amendment #2
$113,996.00
• Amendment #3
$113,996.00
• Revised total maximum consideration not to exceed $396,992.00
Please contact Gail de Hoog at extension 30693 if you have any questions regarding this
amendment.
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
201011039-3
Originating Department:
Whatcom County Health Department
Contract Administrator:
Gail de Hoog
Contractor's / Agency Name:
Lydia Place
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes _ No —X Yes X No If yes, previous number(s):_201011039-2
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 REP or Bid process? Contract Cost Center: 122200
Yes X No If yes, REP and Bid number(s) RFP 10-74
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. Professional services agreement for certified/licensed professional
Work is for less than 120 days _ Contract for Commercial off the shelf items (COTS)
Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FHWA
Contract Amount:(sum of orig contract amt and
If a Professional Services Agreement is more than $15,000 or a Bid is more than
any prior amendments)
$35,000, please submit an Agenda Bill for Council approval and a supporting
$_282,997.00
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
$_113,997.00
agenda bill and supporting memo. If less than these thresholds, just submit to
Total Amended Amount:
Executive with supporting memo for approval.
$_396,992.00
Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary]
This contract funds the provision of housing case management services in association with the Whatcom Homeless Service Center
(WHSC). The contractor will serve homeless individuals and households in need of re -housing services. The purpose of the
contract is to provide case management and supportive services to those individuals receiving rental subsidies through the WHSC in
order to improve housing stability and reduce homelessness in Whatcom County
Term of Contract: 1 Year I
Expiration Date: 12/31/14
Contract Routine Steps & SiQnoff: fsiun or initial] (indicate date transmitted
1. Prepared by: Pi Date_10/13/15 [electronic]
2. Attorney reviewed: Date 0 t 7,91) 3 [electronic]
3. AS Finance reviewed: riidc Date 11 / 1 / 13 [electronic]
4. IT reviewed if IT related Date _ [electronic]
5. Corrections made: Date [electronic] hard copy printed
6. Attorney signoff: 4eaA44.111 Date-1 0 L 5)1-3
7. Contractor signed: Yg- Date //-.21-13
8. Submitted to Exec Office Date //-a 7 s/3 [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
209
Whatcom County Contract No.
2Q1Q11Q39-3
WHATCOM COUNTY HEALTH DEPARTMENT CONTRACT EXTENSION
PARTIES:
Whatcom County
Whatcom County Courthouse
311 Grand Avenue
Bellingham, WA 98225
AND CONTRACTOR:
Lydia Place
P.O. Box 28487
Bellingham, WA 98228
Whatcom County # 201011039
AMENDMENT NUMBER: 3
CONTRACT PERIODS:
Original: 01/01/2011 — 12/31/2011
Amendment #1: 01/01/2012—12/31/2012
Amendment #2: 01/01/2013—12/31/2013
Amendment #3: 01/01/2014—12/31/2014
THE CONTRACT IDENTIFIED HEREIN, INCLUDING ANY PREVIOUS AMENDMENTS
"THERETO, IS HEREBY EXTENDED AS SET FORTH IN THE DESCRIPTION OF THE
EXTENSION BELOW BY MUTUAL CONSENT OF ALL PARTIES HERETO
DESCRIPTION OF AMENDMENT:
1. Revise Section 10.2 General Conditions to read as follows:
"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 four years."
2. Extend the duration and other terms of this contract to provide housing case management
services for an additional 12 months, as per the above amended "General Terms, Section
10.2, Extension".
3. The effective date of the extension is January 1, 2014.
4. Funding for this extended contract period (01 /01/2014 — 12/31 /2014) is not to exceed
$113, 996.00.
5. The funding for the total contract period (01 /01/2011 — 12/31 /2014) is not to exceed
$396,992.00.
HL 010114_Lydia_Place_WCHSC_CM_Amend #3 Page 1 210
ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND ANY PREVIOUS
AMENDMENTS THERETO REMAIN IN FULL FORCE AND EFFECT.
ALL PARTIES IDENTIFIED AS AFFECTED BY THIS EXTENSION HEREBY ACKNOWLEDGE AND
ACCEPT THE TERMS AND CONDITIONS OF THIS EXTENSION.
Signature is required below.
APPROVAL AS TO PROGRAM:,
DEPARTMENT HEAD APPROVAL:
APPROVAL AS TO FORM:
Elizabeth L. Gallery, CiI Deputy Prosecutor ` Date
FOR WHATCOM COUNTY:
Jack Louws, County Executive Date
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.
NOTARY PUBLIC in and for
the State of Washington
Residing at Bellingham.
My Commission expires:
HL_010114_Lydia_Place_WCHSC CM_Amend_#3 Page 2
211
FOR THE CONTRACTOR:
►1)a\,h3
ignature j PHnt Name and Title M Date
STATE OF WASHINGTON)
COUNTY OF WHATCOM )
On this day of a�S��n 2013, before me personally appeared
to me known to be the Z�
and w xecute the above instrument and who acknowledged to me the act of signing and sealing
thereof.
NOTARY PUBLIC in and for t�a'�` `�q,•�'
the State of Washington �° �OTAbg1,��t�
Residing at Bella ham.
My Commission expires: �-`� �� l ��®•°• ��•° �®
®1 •W���®
HL-010114_Lydia_Place_WCHSC_CM_ Amend_#3 Page 3
212
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-419
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
P]
11/13/13
�� `[ ""' ` ('
C, Ef:` 1 U �E �i--�J
12/10/13
Finance
��
�� � � ���.�
12/10/13
Council
Division Head:
y�.%
DEC 0 3 21
WH/JC M COUNTY
Dept. Head:
(3
Prosecutor:
Purchasing/Budget:
}
�a6
L
COUNCIL
�
Executive:
TITLE OF DOCCTMV, Contract between Whatcom County and Whatcom Center for Early Learning
ATTACHMENTS:
1. Executive Memo
2. Info Sheet
3. 2 copies of Contract
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.)
This contract funds parent support services to parents of children with developmental disabilities and delays. Personal
support from another parent can be helpful in understanding a child's diagnosis, accessing resources and dealing with
feelings of grief and loss. Using local funds, services will be delivered through a best practice, "parent -to -parent" peer
service model.
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
website at: www.co.whatcom.wa.us/council.
213
WHATCOM COUNTY
Health DEPT.
509 Girard St.
Bellingham, WA 98225
TO:
FROM:
RE:
DATE:
f-LT,_I_*►'i_[e '7� rt
Jack Louws, County Executive
A)
Regina A. Delahunt, Director
Regina A.Delahunt
Director
NOV 27 Z013
JACK LOUWS
COUNTY EXECUTIVE
Contract with Whatcom Center for Early Learning, Parent to Parent Services
November 19, 2013
Enclosed are two (2) originals of a contract between Whatcom County and the Whatcom
Center for Early Learning for your review and signature.
■ Background and Purpose
This contract funds parent support services to parents of children with developmental disabilities
and delays. Personal support from another parent can be helpful in understanding a child's
diagnosis, accessing resources and dealing with feelings of grief and loss. Using local funds,
services will be delivered through a best practice, "parent -to -parent" peer service model. In 2012
150 parents participated in support groups, and 751 parent contacts were made to offer
information and support.
■ Funding Amount and Source
This contract, in an amount not to exceed $37,620, is funded through Whatcom County
Developmental Disabilities millage funds. Funding for this contract is in the 2014 budget.
Council approval is required and a Council Agenda Bill is attached.
■ Differences from Previous Contract
This is a new contract being issued pursuant RFP# 13-80.
Please contact Jessica Lee at extension 32014, if you have any questions or concerns
regarding the terms of this agreement,
Encl.
214
Whatcom County
WHATCOM COUNTY CONTRACT Contract No.
INFORMATION SHEET 0 6.3 6 1 0-� 6
Originating Department:
Health
Contract or Grant Administrator:
Jessica Lee
Contractor's / Agency Name:
Whatcom Center for Early Learning
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes No
Yes X No If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes X_ No
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 X No If yes, RFP and Bid number(s) RFP# 13-80 Cost Center: 673200_
Is this agreement excluded from E-Verify? No Yes X If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional � Contract work is for less than 120 days
❑Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
❑ Interlocal Agreement (between Govt's) ❑ Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$ 37,620
• Bid is more than $40,000.
This Amendment Amount:
. Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope:
Parents of a child who has received an initial disability diagnosis often have many questions and concerns in addressing
their child's needs and their own feelings. Personal support from another parent who has a child with similar needs can be
helpful in understanding their child's diagnosis, understanding resources and dealing with feelings of grief and loss. Using
local funds, parent supports will be delivered through a best practice "parent -to -parent" peer service model.
Term of Contract:
Expiration Date: tZ -�—�
Contract Routing Steps & Si n�[sign or initial] [indicate date transmitted]
1. Prepared by: pj Date I I/13/13 [electronic]
2. Attorney reviewed: lgalleryDate_11/181/13 [electronic]
3. AS Finance reviewed: mdc Date 11 / 18/ 13 [electronic]
4. IT reviewed if IT related Date [electronic]
5. Corrections made: Date [electronic] hard copy printed
6. Attorney signoff: Date 11J7_5i 13
7. Contractor signed: Date /iV/3
8. Submitted to Exec Office Date // Z.2 -14� [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
215
Whatcom County Contract No.
CONTRACT FOR SERVICES AGREEMENT
Whatcom Center for Early Learning - Parent to Parent
Whatcom Center for Early Learning , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and
contract as set forth in this Agreement, including:
General Conditions, pp. 4 to 9
Exhibit A (Scope of Work), pp. 10 to 11
Exhibit B (Compensation), pp. 12 to 13
Exhibit C (Certificate of Insurance).
Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein.
The term of this Agreement shall commence on the 1st day of January 2014, and shall, unless terminated or renewed as elsewhere provided in
the Agreement, terminate on the 31st day of December, 2014.
The general purpose or objective of this Agreement is to deliver Parent to Parent support for families with children with developmental
disabilities and delays, 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
$ 37,620. 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 1" day of 2013.
CONTRACTOR:
WHATCOM CENTER FOR EARLY LEARNING
Peggy eri xecutive Director
STATE OF WASHINGTON )
) ss.
COUNTY OF �° )
On this`_ day of 's c�2013, before me personally appeared to me
known to be th - (title) of NIZI (Company) and wh executed the a e ' ment and who acknowledged
to me the act of signing and sealing thereof. l
216
WHATCOM COUNTY:
Recommended for Approval:
Anneebeacon, Human Services Manager Date
11 la-3
Regina . Delahunt, Department Director Date
Approved as to form:
2�m� 1112� 1
Elizabeth L. Gall , Civil D uty 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 , 2013, 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:
Whatcom Center for Early Learning
Peggy Zoro, Interim Executive Director
2001 H St.
Bellingham, WA 98225
Phone:360-671-3660
Fax:360-650-9411
Email: peggy@wcel.net
HL_010114 WCEL_Parent_To_Parent
217
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.
10.2 Extension:
The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year, and for a total
of no longer than three years.
11.1 Termination for Default:
If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or
commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written
notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain
performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3)
days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to
receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the
County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall
bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all
damage sustained, or which may be sustained by the County by reason of such default.
11.2 Termination for Reduction in Funding:
In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this
Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn,
reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or
limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best
interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions
of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three
days of the mailing of the notice, whichever occurs first.
11.3 Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such
termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor
shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in
the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether
for default or convenience, shall not constitute breach of contract by the County.
Series 20-29: Provisions Related to Consideration and Payments
20.1 Accounting and 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.
HL_010114 WCEL_Parent_To_Parent
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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/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.
HL_010114 WCEL_Parent_To_Parent
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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.
31.2 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 insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall
be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory.
34.2 Industrial Insurance Waiver:
With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the
Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to
its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim
brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement.
34.3 Defense & Indemnity Agreement:
The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and
against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all
claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury,
including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including
loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors,
its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents,
except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected
officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or
assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this
indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees.
HL_010114 WCEL_Parent_To_Parent
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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.
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:
Jessica Lee, Developmental Disabilities Program Specialist
Whatcom County Health Department
509 Girard Street
Bellingham, WA 98225
Phone: 360-676-6724 x 32014
Email: ILLee@co.whatcom.wa.us
37.2 Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given
by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this
HL_010114 WCEL_Parent_To_Parent
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Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may
be given by delivery or by depositing in the US Mail, first class, postage prepaid.
38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable
38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not
Applicable
38.3 E-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 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.
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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.
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223
EXHIBIT "A"
(SCOPE OF WORK)
Parent -to -Parent Support Services
Background
Parents of a child who has received an initial disability diagnosis often have many questions and concerns in
addressing their child's needs and their own feelings. Personal support from another parent who has a child with similar
needs can be helpful in understanding their child's diagnosis, accessing resources and dealing with feelings of grief and
loss. Using local funds, parent supports will be delivered through a best practice "parent -to -parent" peer service model.
Statement of Work
A. Parent -to -Parent Services
The Contractor will provide the following support services to parents and families of children with developmental
disabilities and delays per each contract year:
1. Schedule and provide logistical support for monthly meetings of a Parent -to -Parent support group. Meetings
will be facilitated by at least one parent of a child with developmental disabilities or delays. Meeting topics
will be parent -driven, based upon the interests and needs of parents. These meetings will provide a venue
for parents to share information, discuss challenges they face, learn from each other, and offer peer
mentoring opportunities.
2. Organize and implement five networking and/or social events annually. Organizational duties include
securing locations, recruiting and supervising volunteers, event promotion, and all event logistics. Events
will be staffed by the Parent -to -Parent Coordinator and the Hispanic Outreach Coordinator.
3. Organize and implement two "Sibshops" annually, which are non -disabled sibling social and recreational
activities. These events will provide opportunities for siblings of children with developmental disabilities to
gain peer support and education within a recreational context. Organizational duties include securing
locations, handling all event logistics, and designing age -appropriate activities and games.
4. Offer two parent education and training events, designed to increase the knowledge and skills of parents
related to having children with disabilities and delays. Topics of trainings will be driven by parent interests
and assessed community need and will reflect the values of the County guidelines.
http://www.dshs.wa.gov/pdf/adsa/ddd/c guidelines,pdf
5. Link parents trained to mentor and assist other parents (also known as "Helping Parents") to other parents of
children with similar diagnoses and with similar family issues. Provide mentorship, support, and follow
through for parent matches.
6. Offer one 15-hour "Super Sitter Training" to youth interested in learning the necessary skills to provide
childcare for families of children with developmental disabilities and delays. The training will cover CPR
and first aid certification, general babysitting techniques, developmental disabilities, and effective
communication with families.
7. Maintain a "Super Sitter List" of trained childcare workers available to provide care to children with
disabilities and their families. The list will be updated regularly and distributed to local agencies supporting
families with children with disabilities.
8. Publish and distribute five editions of a Parent -to -Parent newsletter throughout Whatcom County. The
newsletters will include information about networking events and activities for families of children with
developmental disabilities.
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224
9. Conduct outreach to the Spanish-speaking community including making "Helping Parent" matches that take
into consideration cultural background, home visits as needed and requested, the production of Spanish -
language materials, information and referral, family -specific advocacy, networking and social activities
designed for Spanish-speaking families, and a quarterly newsletter published in Spanish.
10. Maintain and coordinate the parent to parent "Help line", which responds to requests for information and is
monitored by trained volunteer parents. Assist and mentor volunteer parents in providing appropriate
resources and responses to inquiries.
III. Service Requirements
1. The contractor will notify the County of any change in prograrn staff.
2. The contractor will provide culturally-corripetent services and demonstrate a value for diversity.
3. Opportunities and resources provided will extend to families living in rural areas of Whatcom County.
4. Information, education, and support to families will reflect the values of the DSHS/DDA County Guidelines
(hftp://vmwl.dshs.gov/ddd/publications.shtmi).
5. Information on youth trained as "super sitters" made available to families and agencies must disclose that
super sitters are not professional, licensed caregivers and that the parent or guardian is responsible for
screening and determining the appropriateness of the sitter for their child's care
6. Program staff billed under this contract will maintain CPR and first aid certification.
7. Program staff billed under this contract should receive continuing education annually which promotes best
practices in support to families of children with developmental disabilities and delays. This may include, but
is not limited to, the annual Washington State Infant and Early Childhood Conference.
IV. Reporting
Reporting for Parent -to -Parent services will include all established monthly reporting provided to the Washington state
Parent -to -Parent, including formats used by the Department of Health (DOH) and Developmental Disabilities
Administration (DDA). An annual summary of all activities over the course of the contract period will be provided with
the final invoice, and will distinguish Hispanic outreach and coordination activities separately from general Parent -to -
Parent outreach and coordination activities.
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225
EXHIBIT T"
(COMPENSATION)
I.Funding and Budget
The source of funding for this contract, in an amount not to exceed $37,620 is Whatcom County Developmental
Disabilities millage funds.
The budget for these services is as follows:
ITEM
DOCUMENTATION REQUIRED WITH INVOICE
BUDGET
Personnel Costs for Parent to
General Ledger (GL) detail
$26,377
Parent and Hispanic Outreach
Coordinators
Supplies for Training events,
GL detail
1,425
workshops, and meetings
Contracted Speakers or
GL detail and copy of invoice
575
Interpreters
Newsletter Printing/Publication
GL detail
3,500
Facility rental for events
GL detail
175
Postage for Newsletters &
GL detail
468
Event Notices
Child Care at meetings &
GL detail
400
events
Professional Development
Reimbursement requests for allowable travel must
400
include name of staff member, dates of travel, starting
point and destination, number of miles driven, and a
brief description of purpose. Receipts for registration
fees or other documentation of professional training
expenses.
Parent to Parent Phone lines
GL detail
880
(program specific "help" line)
Subtotal
34,200
10% Indirect Rate
3,420
Total
37,620
The Contractor may transfer funds between budget line items as authorized in writing by the County. In no instance
shall the indirect rate/program administration line item exceed 10% of direct costs.
I.Invoicing
1, The Contractor shall submit itemized invoices on a monthly basis in a format approved by the County. Monthly
invoices must be submitted by the 151h day of the month following the month of service. Invoices submitted for
payment must include the type of program activity and the date, as well as documentation of the staff name and
hours provided.
2. Monthly Reporting required under the statement of work must accompany the invoice for payment.
3. The Contractor shall subrnit invoices to (include contract#):
HL_010114 WCEL_Parent_To_Parent 12
226
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.
s. Duplication of Billed Costs or Payments for Service: The Contractor shall not bill the County for services performed
or provided under this contract, and the County shall not pay the Contractor, if the Contractor has been or will be
paid by any other source, including grants, for those costs used to perform or provide the services in this
contract. The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this
contract.
HL_010114 WCEL_Parent_To_Parent 13
227
WhatCEL27
NrnonPoftlnsurnPraa
CERTIFICATE OF INSURANCE tssueDate: 12/02/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUE A CONTRACT
BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
------------------------------------------------------------------------------------------------
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of
the policy, certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
Canfield
451 Diamond Drive
Ephrata, WA 98823
Whatcom Center for Early Learning
2001 H Street
Bellingham, WA 98225
COVERAGES
COVERAGE
American Alternative Insurance Corporation
AUTOMOBILE LIABILITY
American Alternative Insurance Corporation
PROPERTY
American Alternative Insurance Corporation
Torus Specialty Insurance Company
MISCELLANEOUS PROFESSIONAL LIABILITY
Princeton Excess and Surplus Lines Insurance Company
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD
INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF 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.
TYPE OF INSURANCE POLICY NUMBER POLICY EFF
POLICY EXP
DESCRIPTION.
LIMITS
DATE
DATE .
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013.05 06/01/2013
06/01/2014
PER OCCURRENCE
$5,000,000
OCCURRENCE FORM
PER MEMBER AGGREGATE
$10,000,000
INCLUDES STOP GAP
PRODUCT-COMP/OP
$5,000,000
PERSONAL & ADV. INJURY
$5,000,000
LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS
ANNUAL POOL AGGREGATE
$50,000,000
AUTOMOBILE LIABILITY
ANY AUTO N1-A2-RL-0000013.05 06/01/2013
06/01/2014
COMBINED SINGLE LIMIT
$5,000,000
LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS
ANNUAL POOL AGGREGATE
NONE
PROPERTY
N1-A2-RL-0000013.05 06/01/2013
06/01/2014
ALL RISK PER OCC EXCL EQ & FL
$50,000,000
EARTHQUAKE PER OCC
EXCLUDED
FLOOD PER OCC
EXCLUDED
PROPERTY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS
ANNUAL POOL AGGREGATE
NONE
MISCELLANEOUS PROFESSIONAL LIABILITY
N1-A3-RL-0000060-05 06/01/2013
06/01/2014
PER CLAIM
$5,000,000
LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS
ANNUAL POOL AGGREGATE
$40,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I SPECIAL ITEMS
Regarding contract for services. Whatcom County is named as Additional Insured regarding this use only and is subject
to policy terms, conditions, and exclusions. Waiver of Subrogation and Additional Insured endorsements are attached.
NPIP Retained Limits are primary and non-contributory.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE
WITH THE POLICY PROVISIONS.
f CERTIFICATE HOLDER i AUTHORIZED REPRESENTATIVE
Whatcom County
509 Girard Street
Bellingham WA 98225
2792108 228
POLICY NUMBER: N1-A2-RL-0000013-05
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
T his endorsement modifies insurance provided under the following:
SCHEDULE
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Name Of Additional Insured Person(s) Or Oroanization(s)
Whatcom County
509 Girard Street
Bellingham WA 98225
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or organi-
zations) shown in the Schedule, but only with respect
to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or
in part, by your acts or omissions or the acts or omis-
sions of those acting on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.
CG 20 26 07 04 ISO Properties, Inc., 2004 Pasw9of 1 ❑
2792109
WAIVER OF TRANSFER OF RIGHTS AND RECOVERY
AGAINST OTHERS TO US
Named Insured
Non Profit Insurance Program
Policy Symbol and Number
N 1-A2-R L-0000013-05
Period
06/01 /2013 - 06/01 /2014
Endorsement Number
Effective Date of Endorsement
06/01 /2013
Issued By
American Alternative Insurance Corp, a member of Munich -American Holding Corporation
Insert the policy number, the remainder of the information is to be completed only when this endorsement is issued subsequent to
the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
CUSTOM GENERAL LIABILITY POLICY
SCHEDULE
Name of Person or Organization:
Whatcom County
509 Girard Street
Bellingham WA 98225
(if no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section
IV - CONDIT IONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the
Schedule above because of payments we make for injury or damage arising out of your ongoing
operations or "your work" done under a contract with that person or organization and included in the
"products -completed operations hazard". This waiver applies only to the person or organization
shown in the schedule above.
Authorized signature
NF-14082a Includes copyrighted materials of Insurance Services, Inc., with its permission. Page 1 of 1
2792110 230
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-420
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
pi
10/21/13
12/10/13
Finance/Council
Division Head:
Dept. Head:
W
It 12,Z 113
Prosecutor:
Lg
11/14/13
O COUNTY
m
11/1
Purchasing/Budget:
C"OUl CI L
Executive:
TITLE OF DOC Contract with Opportunity Council to operate the Whatcom Homeless Service Center.
ATTACHMENTS:
1. Executive Memo
2. Info Sheet
3. 2 copies of Contract
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.)
"rhe purpose of this contract is to continue the operation of the Whatcom Homeless Service
Center. WHSC programs include both rental subsidy and housing case management
components. WHSC staff manages the Housing Interest Pool list, authorizes and distributes rent
subsidies to local landlords on behalf of participating clients, makes referrals to partner agencies
for housing case management services, manages the Homeless Management Information
Services (HMIS) data collection and reporting requirements, cultivates and maintains
relationships with local landlords, and serves as liaison for homeless housing activities to the
network of service providers and other community stakeholders.
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.
231
WHATCOM COUNTY
HEALTH DEPT.
509 Girard St.
Bellingham, WA 98225
9SF/ ING.0
MEMORANDUM
Regina A. Delahunt
Director
e
NOV 27 2013
TO: Jack Louws, County Executive JACK LOUWS
0& COUNTY EXECUTIVE
FROM: Regina°A. Delahunt
RE: Opportunity Council, Contract for Whatcom Homeless Service
Center Operations
DATE: November 20, 2013
Enclosed are two (2) originals of a new contract with the Opportunity Council for
your review and signature.
■ Background and Purpose
The purpose of this contract is to continue the operation of the Whatcom Homeless
Service Center. WHSC programs include both rental subsidy and housing case
management components. WHSC staff manages the Housing Interest Pool list,
authorizes and distributes rent subsidies to local landlords on behalf of participating
clients, makes referrals to partner agencies for housing case management services,
manages the Homeless Management Information Services (HMIS) data collection and
reporting requirements, cultivates and maintains relationships with local landlords, and
serves as liaison for homeless housing activities to the network of service providers and
other community stakeholders. In the first 3 quarters of 2013, WHSC has served 677
individuals in 436 households.
■ Funding Amount and Source
The source of funding for this contract, in an amount not to exceed $937,201 is
County document recording fees, Veterans Assistance funds, Department of
Commerce Consolidated Homeless and Emergency Solution Grant funds and the
North Sound Mental Health Administration (NSMHA). These funds are included in
the 2014 County budget. Council approval is required because the contract
exceeds $20,000. An agenda bill is attached.
■ Differences from Previous Contract
This is a new contract. However, the Opportunity Council has been providing these
services through County contract since 2008.
Please contact Gail deHoog at extension 30693, if you have any questions or
concerns regarding the terms of this agreement.
Encl.
232
WHATCOM COUNTY CONTRACT
Whatcom County
Contract No.
INFORMATION SHEET
Originating Department:
Health
Contract or Grant Administrator:
Gail deHoog
Contractor's / Agency Name:
Opportunity Council
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No
Yes X No If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes X_ No
Is this a grant agreement?
Yes _ No X_ If yes, grantor agency contract number(s) CFDA #
Is this contract grant funded?
Yes X No If yes, associated Whatcom County grant contract number(s) _ 201302005
Is this contract the result of a RFP or Bid process? Contract
Yes _ No X If yes, RFP and Bid number(s) sole source Cost Center: 122400/122500/114/122200
Is this agreement excluded from E-Verify? No X Yes If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
❑ Interlocal Agreement (between Govt's) ❑ Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$ 937,201
• Bid is more than $40,000.
This Amendment Amount:
. Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope: The Whatcom Homeless Service Center (WHSC) was established in 2008 to serve as a centralized
point of entry for homelessness prevention and re -housing services for Whatcom County residents. The WHSC
implements programs and services identified in Whatcom County's Plan to End Homelessness. WHSC housing
services work to shift the focus from reliance upon emergency shelters and costly institutional facilities in meeting the
needs of the homeless to prevention and permanent housing. By serving as a centralized coordinating system of access
to homeless services and by transitioning homeless individuals and families as quickly as possible to permanent housing
WHSC will improve outcomes for homeless individuals and families and ensure more efficient use of public resources.
Term of Contract: 1 Year
I Expiration Date: 12/31/2014
Contract Routing Steps & Si ng off: [sign or initial]
[indicate date transmitted]
1. Prepared by:---p1
Date 10/21/13 [electronic]
2. Attorney reviewed: lgallery
Date_ 11/14/13 [electronic]
_
3. AS Finance reviewed: mdc
Date_ 11 / 19/ 13 [electronic]
4. IT reviewed if IT related
Date [electronic]
5. Corrections made:
Date [electronic] hard copy printed
6. Attorney signoff:
Date tt I t; J 1 3
7. Contractor signed:
Date I/.- jQ —'13
8. Submitted to Exec Office
Date [summary via electronic; hardcopies]
9. Council approved (if necessary)
Date
10. Executive signed:
Date
11. Contractor Original Returned to dept;
Date
12. County Original to Council
Date
233
LJ
Whatcom County Contract No.
CONTRACT FOR SERVICES AGREEMENT
Whatcom Homeless Service Center Operations ®/ d
Opportunity Council, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in
this Agreement, including:
General Conditions, pp. 3 to 8 ,
Exhibit A (Scope of Work), pp. 9 to 13
Exhibit B (Compensation), pp. 14 to 15
Exhibit C (Certificate of Insurance), p. 16
Exhibit D (E-Verify), p. 17 ,
Exhibit E (Risk Mitigation Fund Requirements), pp. 18 to 21 ,
Exhibit F (Special Terms and Conditions for Commerce Grants), p. 22 ,
Exhibit G (Business Associate Agreement), pp. 23 to 30
Exhibit H (Subrecipiant Agreement), pp. 31 to 32 .
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, 2014, and shall, unless terminated or renewed as elsewhere provided in
the Agreement, terminate on the 31 sc day of December 2014.
The general purpose or objective of this Agreement is provide funding for the operation of the Whatcom Homeless Service Center, 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 $ 937,201. 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.
i
IN WITNESS WHEREOF, the parties have executed this Agreement this tday of .2013.
CONTRACTOR:
0MR—net,
oun:ecitor
Dcutive
STATE OF WASHINGTON }
ss.
COUNTY OF
On t ' day ofe , 2013, before me personally appeared David Finet to me known to be the Executive Director of Opportunity
Council and who executed the above instrument and who acknowledged to me the act of signing a sealing thereof.
®.a®. ,� N T RY UBLIC in and for the State of Washin n, sid' at
4� 0,00 � 4 My commission expires
�e .1 q
®0
®Pug
;
D
n.
HL_010114_Opportunity_Council Whatcom_Homeless__Service_Center_Operations
234
WHATCOM COUNTY:
Recommended for Approval:
Anne Deacon, Human Services Manager Dat
Regi qa<4b Delahunt, Director Date
Approved as to form:
1i �5
Prosecuting Atto-alley Date
Approved:
Accepted for Whatcom County:
By:
Jack Louws, Whatcom County Executive
STATE OF WASHINGTON )
) ss
COUNTY OF WHATCOM )
On this day of , 2013, 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:
Opportunity Council
David Finet, Executive Director
1111 Cornwall Ave.
Bellingham, WA 98225
Phone: 360-734-5121
Email: dave_finet@oppoc.org
HL_010114_Opportunity_Council Whatcom_Homeless_Service_Center Operations 2
235
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
10A Term:
Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not
compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be
extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties.
10.2 Extension:
The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year, and for a total
of no longer than three years.
11.1 Termination for Default:
If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or
commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written
notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain
performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3)
days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to
receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the
County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall
bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all
damage sustained, or which may be sustained by the County by reason of such default.
11.2 Termination for Reduction in Fundinq:
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.
HL_010114_Opportunity_Council Whatcom_Homeless__Service_Center_Operations
236
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 prompt►y 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: Not Applicable
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
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:
HL_010114_Opportunity_Council_Whatcom.Homeless_Service_Center_Operations 4
237
The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall
not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any
employee of any subcontractor by the County at the present time or in the future.
31.2 Patent/Copyright Infringement: Not Applicable
32.1 Confidentiality:
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 insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall
be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the
contractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence,
using a Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions
Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the
Contractor and licensed staff employed or under contract to the Grantee.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Grantee for the purpose of
receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for
program costs shall be insured to provide protection against loss. The amount of fidelity coverage secured pursuant to this contract
shall be $100,000 or the highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured
pursuant to this paragraph shall name the County as beneficiary.
34.2 Industrial Insurance Waiver:
With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the
Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to
its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim
brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement.
34.3 Defense & Indemnity Agreement:
The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and
against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all
claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury,
including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including
loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors,
HL 010114_Opportunity_Council_Whatcom_Homeless_Service_Center_Operations
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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. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or
assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this
indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its 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.
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:
Gail deHoog, Housing Program Specialist
Whatcom County Health Department
509 Girard St.
Bellingham, WA 98225
Phone 360-676-6724 x 30693
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Email: GdeHoog@co.whatcom.wa.us
37.2 Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given
by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this
Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section, Notice may
be given by delivery or by depositing in the US Mail, first class, postage prepaid.
38.1 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 Transaclions:
The Contractor further certifies, by executing this contract, that neither it nor its principles is presently debarred, suspended, proposd 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://epis.arnet.gov/.
38.3 E-Verify:
The E-Verify contractor program for Whatcom County applies to contracts of $100,000 or more and sub contracts for $25,000 or more if
the primary contract is for $100,000 or more. Contractor represents and warrants that it will, for at least the duration of this contract,
register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any
person that is hired to perform work for Whatcom County. As used herein, "status verification system" means the Illegal Immigration
Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known
as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Contractor/Seller
agrees to maintain records of such compliance and, upon request of the County, to provide a copy of each such verification to the
County. Contractor/Seller further represents and warrants that any person assigned to perform services hereunder meets the
employment eligibility requirements of all immigration laws of the State of Washington. Contractor/Seller understands and agrees that
any breach of these warranties may subject Contractor/Seller to the following: (a) termination of this Agreement and ineligibility for any
Whatcom County contract for up to three (3) years, with notice of such cancellationitermination being made public. In the event of such
termination/cancellation, Contractor/Seller would also be liable for any additional costs incurred by the County due to contract
cancellation or loss of license or permit." Contractor will review and enroll in the E-Verify program through this website: www,uscis.gov
Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes
40.1 Modifications:
Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall
be in writing and signed by both of the parties.
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:
HL_010114_Opportunity_Council_Whatcom_Homeless._Service_Center_Operations 7
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Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the
attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken.
Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records,
orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
Notice of Potential Claims:
The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act
or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has
given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to
the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the
Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the
amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used,
and all costs and additional time claimed to be additional.
C. Detaiied 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.
HL_010114_0pportunity_Council Whatcom_Homeless._Service_Center_Operations
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EXHIBIT "A"
(SCOPE OF WORK)
I.Background
According to the annual point in time count of homeless adults conducted in January 2013, 561 people in Whatcom
County are homeless. Throughout the year, hundreds more face the prospect of losing their homes. The Whatcom
Homeless Service Center (WHSC) was established in 2008 to serve as a centralized point of entry for homelessness
prevention and re -housing services for Whatcom County residents. The WHSC implements programs and services
identified in Whatcom County's Plan to End Homelessness. The WHSC authorizes and coordinates service delivery
among partner agencies.
The WHSC is modeled upon evidence -based approaches to homelessness prevention and rapid re -housing. WHSC
housing services work to shift the focus from reliance upon emergency shelters and costly institutional facilities in
meeting the needs of the homeless to prevention and permanent housing. By serving as a centralized coordinating
system of access to homeless services and by transitioning homeless individuals and families as quickly as possible to
permanent housing WHSC will improve outcomes for homeless individuals and families and ensure more efficient use
of public resources.
WHSC programs include both rental subsidy and housing case management components. WHSC staff manages the
Housing Interest Pool list, authorizes and distributes rent subsidies to local landlords on behalf of participating clients,
makes referrals to partner agencies for housing case management services, manages the Homeless Management
Information Services (HMIS) data collection and reporting requirements, cultivates and maintains relationships with local
landlords, and serves as liaison for homeless housing activities to the network of service providers and other community
stakeholders.
The purpose of this contract is to continue the operation of the WHSC. This contract includes County funded direct
homeless housing assistance funds to the Whatcom Homeless Service Center which serves as the central point of
distribution to homeless households in Whatcom County.
Services will be provided to low-income and/or homeless individuals and households residing in Whatcom County.
Individuals and households served shall have incomes at or below 50% Area Median Income (AMI).
II.Definitions
Healthy Children and A program with Health Department's Family and Child Health designed to identify and
Families Program provide housing with support services for families with young children who are homeless
or about to be homeless and where the lack of safe housing and mental health issues are
causing a barrier to healthy childhood development.
Housing Interest Pool Quasi wait list that serves clients waiting for housing services on based on their needs
and available resources instead of a first come, first served basis.
HMIS Washington's Homeless Management Information Services, a data base.
Intensive Case A project that identifies complex chronically homeless individuals with substantial medical
Management for the and behavioral health needs and engages them in an integrated, community -based care
Complex Patient Project coordination system. Lead partners include Whatcom Homeless Service Center,
Whatcom County Health Department, and Whatcom Alliance for Healthcare
Advancement.
HL_010114_Opportunity_Council Whatcom_Homeless._Service_Center_Operations
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Partner Agencies Agencies that contract with Whatcom County for the delivery of housing case
management services, in connection with the WHSC.
Permanent Supportive Chronically homeless individuals/households with significant barriers to permanent
Housing Population housing; will receive deep rent subsidies and intensive housing case management.
Targeted Prevention Targeting homeless prevention resources to households most likely to become homeless
if not for assistance. Individuals or households who are at immediate risk of eviction and
-homelessness may receive financial assistance and are eligible for housing case
management services as needed.
TANF Program The Temporary Assistance to Needy Families program provides temporary cash, medical
help, and employment assistance to families with children in need. Eligibility is based on
family size and income and is established by DSHS. Specific housing assistance funds
are available to TANF families.
Risk Mitigation Fund A reserve account that will be available to reimburse local landlords who agree to house
higher -risk clients for unpaid rent or costs associated with covered damage to rental units.
Whatcom Homeless WHSC programs provide (1) centralized coordinated system of access (2) targeted
Service Center (WHSC) prevention assistance to reduce the number of households that become homeless, (3) re-
housing of those who become homeless, (4) supportive services promoting housing
stability and self-sufficiency, and (5) data management and tracking information for
people receiving homeless housing services in Whatcom County and according to
Washington State Department of Commerce HMIS data collection requirements, WHSC
works in conjunction with Partner Agencies to operate all activities necessary to operate
as a system.
III.Statement of Work
The contractor will be responsible for programmatic and administrative services associated with the operation of the
Whatcom Homeless Service Center. Administrative and programmatic services include all activities necessary to
operate the WHSC as set forth in sections A and B below.
A. Administrative Responsibilities
The Contractor will;
1. Provide all Human Resource and administrative services to WHSC employees (e.g., payroll, office supplies
and equipment, space rental, IT support, etc.).
2. Perform all disbursement, accounting, financial management, and reporting functions necessary to manage
the funds allocated to WHSC operations. Contractor will maintain a strong internal control system over rental
subsidy disbursements to assure funds are used as intended by this contract. Contractor will provide County
with written policies and procedures describing how these transactions are processed on or before January
30, 2014.
3. Support WHSC in the management of the HIMIS, providing troubleshooting and technical assistance as
needed.
4. Maintain all client financial and eligibility documentation as described/referenced in Section V.
5. Maintain all financial documentation as required in Section V and Exhibits F and H.
6. Ensure that the processes and internal controls are operating as planned and make policy adjustments as
needed.
HL_010114_Opportunity_Council Whatcom_Homeless,_Service_Center_Operations 10
243
7. Conduct program evaluation as directed by the Whatcom County Health Department to ensure WHSC
programs are meeting the Whatcom County Plan to End Homelessness.
8. Send staff to trainings, conferences, and technical assistance events related to carrying out the functions of
WHSC and the goals of Whatcom County's Plan to End Homelessness.
B. Programmatic Services
The Contractor will:
1. Manage a coordinated, centralized homeless housing intake system working collaboratively with Opportunity
Council's Community Service Department and Northwest Youth Services intake staff.
2. Maintain a Housing Interest Pool, which includes prioritizing households for services according to need and
available resources and ensuring a case managed wait list.
3. Determine and document client eligibility for WHSC rent subsidies and case management services based on
funding source requirements.
4. Refer eligible clients to partner agencies for housing case management services.
5. Administer rental assistance: authorize and disburse subsidies based on housing assessment and
determination of need and eligibility. Authorize and disburse emergency assistance per procedures as
outlined in the WHSC Policies and Procedures Manual.
6. Develop the local permanent housing inventory component of the homeless housing system: search out new
housing stock, cultivate and maintain relationships with participating landlords; provide housing search
assistance to partner agencies as needed; work to create innovative housing models using best and
promising practices as identified by the National Alliance to End Homelessness or other nationally recognized
homeless housing organization.
7. Administer the Risk Mitigation Fund per conditions set forth in Risk Mitigation Guidelines found in Exhibit E
attached.
8. Manage the community -wide HMIS data system in compliance with the standards set forth by the Washington
Department of Commerce.
9. Provide guidance to the partner agency staff to ensure effective operations of the WHSC system; keeping
partner agencies updated in policies and procedures, HMIS requirements, research and best practices
related to homeless housing, specific program requirements, and confidentiality laws.
10. Provide leadership to community stakeholders regarding homeless activities.
11. Compile and keep up to date WHSC Policies and Procedures Manual consistent with State of Washington,
Department of Commerce Consolidated Homeless Grant Guidelines and as requested and approved by
Whatcom County Health Department by January 30, 2014,
12. Chair Whatcom County Coalition to End Homelessness meetings and sponsored activities in partnership with
Whatcom County Health Department.
IV. Program Outcomes
During this contract period the following are the expected outcomes of WHSC in conjunction with its partner agencies.
The WHSC must ensure rental subsidies are available to support the expected numbers of households served as
follows:
Targeted Prevention
a. At least 200 new households at risk of losing their housing receive temporary financial assistance based on
risk assessments.
b. At least 90% of these households remain housed for at least three months.
2. Re -Housing
a. At least new 150 households that have become homeless receive short term rent subsidies and case
management
HL_010114_Opportunity_Council Whatcom_Homeless_Service_Center_Operations 11
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i. at least 10 households are participating in the Healthy Families and Children program
iL at least 25 are TANF program participants,
b. At least 85% of households remain housed for 6 months after exiting re -housing services
3. Permanent Supportive Housing Population
a. At least 62 households receive housing subsidies and case management
i. Five units at City Gate will be subsidized and used for residents exiting Sun House,
ii. Two units will be from QC owned units of housing.
iii, 12-15 subsidies will be reserved for clients participating in Intensive Case Management for the Complex
Patient program
c. At least 85% retain their housing for 6 months.
4. Emergency Shelter
ai. At least 40 households will receive emergency shelter assistance
b. At least 90% of those households are placed in permanent housing after receiving shelter services
5. Veterans
a. At least 110 Veterans will receive housing subsidies and case management support. These outcomes will
be achieved by leveraging additional funding resources.
b. At least 85% of veteran households served will retain their housing for 6 months after exiting the program.
Under the terms of this contract, the contractor will:
1, Comply with the State of Washington, Department of Commerce Consolidated Homeless Grant Guidelines
including periodic updates which can be located at
laHomeiessG�,-,.,.nlP Xrarn�a §i onsolidai dSf 1(, �-,�
qP_x
2. Comply with State of Washington, Department of Commerce Emergency Solutions Grant Guidelines including
periodic updates which can be located at
yi4'1 c pnm P cego v/Prgrm,
r les 3 - C n sGra Sas)rw oqe�yx
I Comply with eligibility requirements for serving veterans as set forth in Whatcom County Codes 2.150 and
2,152, and RCW 73.08.005 and incorporated into this contract by reference. Contractor shall determine
eligibility based on Items A and B of WCC 2.150.025 and shall not have utilization of Item C for determining
veteran eligibility,
4. Comply with Special Conditions of Commerce Grants incorporated herein as Exhibit F.
5. Comply with the Business Associate Agreement incorporated herein as Exhibit G.
6, Comply with the Sub -recipient Agreement herein as Exhibit H.
7. Comply with state and federal confidentiality laws and regulations.
8. Ensure that all costs incurred comply with CHG Guidelines as specified in Section V.11, above and Exhibit F. In
addition, costs incurred for Veteran Rental Assistance will comply with references in Section V.3, above and
costs incurred for ESG Rental Assistance will comply with Section V.2. above and Ex
hibit xhibit H.
9. Ensure that clients receiving NSMHA rental assistance have a mental illness, are homeless or at eminent risk
of homelessness.
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1. Targeted Prevention
a. # of new households who received Targeted Prevention funds this quarter and year to date
b. # and % of those who received Targeted Prevention funds who are still housed after 3 months
2. Re -Housing
a. # of households that have received short term rent subsidies and case management this quarter and year
to date
i. # of households participating in the Healthy Families and Children program
ii. # of households that are TANF program participants.
iii. # of households that are Veterans
b. # and % of households remain housed for 6 months after exiting re -housing services
3. Permanent Supportive Housing Assistance
a. # of households receive housing subsidies and case management this quarter and year to date
i. # of units City Gate
ii. # of units will be from OC owned units of housing.
iii. # of subsidies to clients participating in Intensive Case Management for the Complex Patient program
b. # and % who retain their housing for 6 months.
4. Emergency Shelter
a. # of households who received emergency shelter assistance this quarter and year to date
b. # and % households who received emergency shelter were placed in permanent housing
5. Veterans
a. # of veterans who received housing assistance this quarter and year to date
b. % of veteran remain housed for 6 months after exiting the program
HL_010114_Opportunity_Council Whatcom_Homeless_Service_Center_Operations 13
246
EXHiSI Ilan
(COMPENSATION)
udpet and Source of Funding
The source of funding for this contract, in an amount not to exceed $937,201, is County -held document recording fees,
North Sound Mental Health Administration funds, Veterans Assistance funds and Consolidated Homeless and
Emergency Solutions Grants.
The budget for this cost reimbursement contract is as follows:
__.--... _..........................
Line Item
..._....... ...-......_........ ..... ............_.._....._...._........ ..... ................. _._...__..._.-.____....__..... .............. ..................................
Documentation Required with Invoice
.... ...... ....__ _..-..
Budget
Project Manager
I Expanded GL Report for the period
$33,223
HMIS Coordinator
$15,962 j
Housing Retention Manager
$37,844
Housing Resource Coordinator
$30,587
47.6% Fringe Benefits Rate
55,986
Rental Assistance
$141,113
_.........,____._.__....__........ -.... _....._.... __............... _..... ..__
Veteran Rental Assistance
Expanded GL Report for the period plus documentation
$89,686
_.....,_,.....1__,.............
NSMHA Rental Assistance
including client ID, payee and amount of payment.
$159,498
.____._._..............._...._._._._..__._...,.......,._._.....,..,....__.
Rental Assistance - Emergency
f Subsidy
In the case of Emergency Subsidy, the reason for the
$36 Ofl0
TANF Family Rent Subsidy
must be included. ed.
emergency m
1
................
51
$45,1
$148,192 {
ESG Rental Assistance
For Travel:Include name of traveler, dates and times of
!
! travel, start & end point, and purpose. For mileage include
number of miles traveled. For other travel: Mileage,
I
I lodging & meal costs follow federal guidelines
Training/Travel/Memberships
(dwrw,gsa.gov). Receipts for meals not required.
i4'flflfl j
Ground transportation, coach airfare, and ferries will be
E
ff(
i reimbursed at cost when accompanied by receipts.
Receipts for registration fees or other documentation of
professional training expenses. Receipts for
memberships.__
? Direct Program Space Costs `
Expanded GL Report for the period ......................................................
$14,000
$1 fl,000
Direct Program Supplies, Telephone,
Postage and
I Priniingw
Expanded GL Report for the period
—
Direct Program Insurance
-. _ _.. .
Expanded GL Report for the period
___—._ _.._..,. _ __._. __........................ ... ...........�....,.._ _. __ . ...
$1,000
._.._..........._................_.... ...... .... ......
Subtotal,
$822,602
11.5% Indirect I
Expanded GL Report for the period
$941599 l
____._.._.._.,........._....._.__.._—__.._.
Risk Mitigation
Documentation required in Exhibit E
$20,000
........ .... ...... . ___
_.................................................. ..... ..................... —... _....._. ......_..... _..» .i..
Total: (;
_ _ __ ._ ._
$937,201 E
All allocated direct costs must by used on approved cost ailocation plan.
HL_0101 14_Opportunity_Councll..Whatcom, Homeless-_Service—Genter_®perations 14
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include name of staff member traveling, dates and times of travel, and purpose. In addition, mileage claims must
include the number of miles claimed plus start point & end point.
3. An Expanded General Ledger report for the period billed is required with each invoice.
4. Each invoice containing rental assistance will include documentation including the client ID, payee and amount of
payment. In the case of Emergency Subsidy, the reason for the emergency must be included.
5. Documentation for Risk Mitigation claims shall be submitted according to Exhibit E.
6. The Contractor shall submit invoices to (include contract/PO #):
Attention: Business Office
Whatcom County Health Department
509 Girard Street
Bellingham, WA 98225
7. 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.
8. 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.
9. Duplication of Billed Costs or Payments for Service: The Contractor shall not bill the County for services performed
or provided under this contract, and the County shall not pay the Contractor, if the Contractor has been or will be paid
by any other source, including grants, for those costs used to perform or provide the services in this contract. The
Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract.
HL 010114_Opportunity_Council Whatcom_Homeless—Service_Center_Operations 15
EXHIBIT "C"
(INSURANCE CERTIFICATE)
HL_010114_Opportunity_Council_Whatcom_Homeless,_Service_Center_Operations 16
249
OppoCT112
Non .P;rvfit Insurance Pro ra.r��;
CERTIFICATE OF IN FRANC E Issue Date. 11/ 9/=3
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUE A CONTRACT
BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
------------------------------------------------------------------------------------------------
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of
the policy, certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER..:'
GOMPANWs APfOROING COVERAGE
GENERAL LIABILITY
Canfield
American Alternative Insurance Corporation
451 Diamond Drive
Ephrata, WA 98823
AUTOMOBILE LIABILITY
American Alternative Insurance Corporation
PROPERTY
INSURED `
Opportunity Council, The
American Alternative Insurance Corporation
1111 Cornwall Avenue, Ste C
Torus Specialty Insurance Company
Bellingham, WA 98225
MISCELLANEOUS PROFESSIONAL LIABILITY
covi"GE5.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD
INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF 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.
TYPEOFi1S11RANCE POLICYNUMBER PJLICYEFF
POLICYEXP
DESCRIPTION
LIMITS
DATE
DkTt
GENERAE,. LFABILi'fY.
COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013.05 06/01/2013
06/01/2014
PER OCCURRENCE
$5,000,000
OCCURRENCE FORM
PER MEMBER AGGREGATE
$10,000,000
INCLUDES STOP GAP
PRODUCT-COMP/OP
$5,000,000
PERSONAL & ADV. INJURY
$5,000,000
(LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS)
ANNUAL POOL AGGREGATE
$50,000,000
AUTOMOBILE LIABILITY
ANY AUTO N1-A2-RL-0000013.05 06/01/2013
06/01/2014
COMBINED SINGLE LIMIT
$5,000,000
LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS
ANNUAL POOL AGGREGATE
NONE
PROPERTY
N1-A2-RL-0000013-05 06/01/2013
06/01/2014
ALL RISK PER OCC EXCL EQ & FL
$50,000,000
EARTHQUAKE PER OCC
$6,500,000
FLOOD PER OCC
$1,000,000
PROPERTY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS
ANNUAL POOL AGGREGATE
NONE
MISCELLANEOUS PROEESStON'AL LIABILITY
06/01/2013
06/01/2014
PER CLAIM
LIABILITY IS SUBJECT TO A SIR PAYABLE FROM PROGRAM FUNDS
ANNUAL POOL AGGREGATE
DESCRIPTION:OF OPERATIONS f LOCATIONS t VEHICLES.! SPECIAL 1Trzms
Regarding Whatcom Homeless Service Center Operations. Whatcom County is named as Additional Insured regarding these
operations only and are subject to policy terms, conditions, and exclusions. Additional
Insured endorsement is attached.
NPIP Retained Limits are primary and non-contributory.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE
Whatcom County
509 Girard St
Bellingham WA 98225
2788633
250
AMERICAN ALTERNATIVE
INSURANCE CORPORATION
ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION
(GENERAL LIABILITY)
Date Issued: 11/08/13
Named Insured
Endorsement Number
Non Profit Insurance Program (NPIP)
13
Policy Number
Endorsement Effective
N1-A2-RL-0000013-05
06/01/13
Countersigned by
Secretary President
The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the following:
GENERAL LIABILITY COVERAGE PART
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
above.
Schedule
Person or Organization (Additional Insured): As Per Schedule on file with Canfield, Unerrrriting Administrator
A. With respect to the General Liability Coverage Part only, the definition of Insured in the Liability
Conditions, Definitions and Exclusions section of this policy is amended to include as an Insured the
Person or Organization shown in the above Schedule. Such Person or Organization is an Insured only
with respect to liability for Bodily Injury, Property Damage, or Personal and Advertising Injury caused
in whole or in part: by your acts or omissions or the acts or omissions of those acting on your behalf:
In the performance of your ongoing operations; or
2. In connection with your premises owned by or rented to you-
B. The Limits Of Insurance applicable to the additional Insured are those specified in either the. -
Written contract or written agreement; or
2. Declarations for this policy,
whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits Of Insurance
shown in the Declarations.
All other terms and conditions remain unchanged.
Includes copyrighted material of the Insurance Services Office, Inc.; with its permission.
RL 2136 12/12 ENDORSEMENT NO. 13 Page 1 of 1
2788634
251
EXHIBIT "D"
(E-VERIFY DECLARATION & MOU WITH DEPARTMENT OF HOMELAND SECURITY)
Firm Name: Opportunity Council .
The undersigned declares, under penalty of perjury under the laws of Washington that:
1. The above named firm is currently enrolled in and using the E-Verify system for all employees hired on
or after the contract inception date and will. continue to use the E-Verify system for so long as work is being
performed on the above named project.
2. 1 certify that I am duly authorized to sign this declaration on behalf of the above named bidder/proposer.
3. I acknowledge that Whatcom County requires a copy of the Memorandum of Understanding between the
contractor listed above and the Department of Homeland Security certifying enrollment in the E-Verify
program. Failure to provide the required Memorandum of Understanding could lead to suspension of this
contract,
DATE: I t I
7,0
SIGNATURE:<�:4 C
a
PRIN-FED NAME:
HL_010114_Opportunity_Council_Whatcom_Homeless,_Service_Center_Operations 17
252
EXHIBIT "E"
(RISK MITIGATION FUND)
L.Background
The Opportunity Council administers the Whatcom Homeless Service Center (WHSC) which works to reduce or prevent
homelessness in Whatcom County, The WHSC is a sponsor of the federally funded Shelter Plus Care and Supportive
Housing Programs which provide housing subsidies and support services to homeless clients suffering from mental
illness. Many of these clients are housed in properties where the Opportunity Council holds a master lease and is
responsible for the cost of excessive property damage or rent. The Risk Mitigation Fund (RMF) is intended to provide
reimbursement to the Opportunity Council for exceptional damage caused by clients with mental illness. Without the
support of the RMF, less housing would be available to clients with severe mental illness. The Risk Mitigation Fund may
also be utilized when repeated violations of the lease or state law require a legal proceeding and eviction. The Whatcom
County Health Department will review and pay claims for RMF reimbursement according to funds availability and the
following program requirements.
II.Allowable Costs
1. Damage to property is in excess of normal wear and tear that exceeds the security deposit and no other
funding is available.
2. One month of non-payment of rent if tenant does not pay rent due or if the unit cannot be rented while
repairs are completed.
3. Costs associated with legal fees and court fees resulting from eviction activities.
4. Costs associated with 1, 2 and 3 above shall not exceed $3,000 per tenant and are limited to tenants
housed through the Shelter Plus Care and Supportive Housing Programs where the Opportunity Council is
the property owner or holds a master lease on the unit.
III.Program Requirements
Before submitting a claim, contractor will verify that the following requirements have been met:
1. The tenant is a Shelter Plus Care or a Supportive Housing Program participant receiving rent subsidy and/or
deposit assistance; and
2. The tenant is receiving housing case management support from a WHSC partner case management agency
or from an approved mental health provider; and
3. The RMF claim was made any time after the initial move -in date up to 30 days from when the tenant moves
out or is no lodger in the Shelter Plus Care or Chronically Homeless program, Claims will be accepted for
damage/loss incurred in 2012 and 2013. The 30-day from move -out requirement is waived for 2012 claims.
4. A WHSC representative or a housing case manager has co -signed or initialed the move -in condition report
with the landlord; and
5. Contractor's property management division has promptly communicated orally and/or in writing with WHSC
case management when problems arise; and
6. Client file should contain evidence of:
a. written notice to tenant
b. any tenant contact with law enforcement authorities
c. late rent, and
d. any other action that may affect the continuation of tenant's tenancy.
7. If a person is added to the lease without notifying the WHSC case manager during the LRMF coverage
period, damages will not be covered. Client file will contain names of any persons added to the lease or
otherwise authorized to occupy the unit; and
HL_010114_Opportunity_Council Whatcom Homeless, Service_Center_Operations 18
253
8. If any repair/replace work is to be performed over $2,000 three quotes will be obtained and the lowest bidder
will be selected to perform the work
IV.Claim Requirements
The Opportunity Council will submit claims to the Whatcom County Health Department. Each claim for payment
from the RMF will include:
1. WHSC Damage/Loss Claim Form (Attachment 1) — completed, signed and dated by Claim preparer
2. Risk Mitigation Claim Checklist (Attachment 2) — completed, signed and dated by Claim preparer
3. Property Inspection Sheet documenting move -in and move -out conditions signed and dated by landlord and
tenant (if tenant is available at move -out)
4. Clear documentation that damages exceed normal cleaning and wear and tear
5. Receipts for all damage repair/replacement work and legal/court fees to be included in claim
6. Invoices for legal fees
7. 3 Quotes for repair/replacement work valued at over $2,000
8. Shelter Plus Care or Supportive Housing Program Damage & Expense Claim paperwork
9. Send claims to: Business Office, Whatcom County Health Department, 509 Girard St., Bellingham, WA
98225
HL_010114_Opportunity_Council_Whatcom_Homeless_Service_Center_Operations 19
254
Attachment 1
WHSC Damage Loss Claim Form
Client Name_
Property Address
Property Owner OC Master Lease Y N
Program__
Was client receiving case management?
Frequency of home visits__.
Case management agency_
Reason for client departure (asked to leave, illness, jail, etc)
Vacancy Loss Claim:
Proper notice given to vacate:
Last day occupied;
Date the unit was re -rented
Lease Expiration date:_
Yes/No
Total Vacancy Loss (1 mo. Rent maximum):
Damage Costs:
Cleaning
Hauling
Painting
Repairs/Replacements
Carpet Cleaning
Other
Total Damage Costs:
Legal Expenses:
Court costs f Legal fees
Total (Vacancy Loss + Damage Costs + Legal Costs):
Amount covered by Security Deposit
Amount covered by S+C or SHP Damage Claim
Total Damage/Loss Claim
(See attached invoices)
Date;
A. $
B.$
D-E-F $
$3,000 LIMIT
Opportunity Council Certification:
I certify that all information above is correct and all available funding sources have been accessed to cover the above
costs.
Signature.
Date
Whatcom County Health Department certification:
I certify that all the requirements of Exhibit E (Risk Mitigation Fund) have been met,
Signature:
Printed Name and Title:
Date:
HL_010114_Opportunity_Council Whatcom_Homeless_Service_Center_Operations 25520
Attachment 2
Risk Mitigation Damage Claim Checklist
Answer Yes=Y, No=N, or Not Applicable=N/A. Provide further explanations as needed in comment section with reference
to item number.
1. Tenant is a Shelter Plus Care or a Supportive Housing program Participant
2. This claim was made in up to thirty days from when tenant moved out or is no longer a participant in the
qualifying program.
3. WHSC Damage/Loss Claim Form completed and attached
4. Move In/Move Out form attached. Form documents move -in and move -out conditions. All parties (landlord,
WHSC representative or housing case manager, tenant) are identified and have signed and date the report at
move -in and move -out.
5. Client file contains evidence of:
a. landlord/property management promptly communicating with WHSC representative when problems
arose
b. written notices to tenant
c. tenant contact with law enforcement authorities
d. late rent
e. names of persons added to lease or otherwise authorized to occupy the unit
f. other actions that may affect the continuation of tenancy
6. Proof of three quotes for cumulative repair/replacement work from one vendor over $2,000 attached.
7. Clear documentation that damages exceed normal cleaning, wear and tear attached.
8. Receipts for all repair/replacement work and legal costs attached.
9. Shelter Plus Care or Supportive Housing Program damage & expense claim/vacancy loss claim and
determination made by Bel ling ham/Whatcom County Housing Authorities attached.
10_ Dept. of Commerce or Housing Authority Inspection Report Attached,
11. Tenant Payment History attached.
COMMENTS:
I certify that all the requirements of Exhibit E (Risk Mitigation Fund) to the WHSC contract between the Opportunity
Council and Whatcom County have been met.
WHSC Signature___ Date
Title:
HL_010114_Opportunity_Council Whatcom_Homeless,_Service_Center Operations 21
T 256
EXHIBIT "F"
(SPECIAL TERMS AND CONDITIONS FOR COMMERCE GRANTS)
The funds allocated for services performed under this contract are Washington State Department of Commerce funds.
The terms included in this agreement and any additional agreements herein are a result of the grant funding
requirements. Commerce and the State of Washington are not liable for claims or damages arising from the Contractor's
performance of this subgrant.
APPLICABLE LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state
governments, as now or hereafter amended including, but not limited to:
(1). Ethics in Public Service Act, RCW §42.52;
(2). Affirmative action, RCW §41.06.020(11);
(3). Boards of directors or officers of non-profit corporations- Liability -Limitations RCW §4.24.264;
(4). Disclosure -campaign finances -lobbying, RCW §42,17;
(5). Discrimination -human rights commission, RCW §49,60;
(6). Ethics in public services, RCW §42.52;
(7). Office of minority and women's business enterprises, RCW §39.19 and WAC §326-02;
(8). Open public meetings act, RCW §42.30;
ELIGIBLE USE OF FUNDS
Funding under this Contract may only be used for eligible activities and expenses described in the current Grant
Guidelines and Administrative Requirements. These documents are incorporated by reference.
PROHIBITIONS
Contractor shall not require eligible clients to participate in a religious service as a condition of receiving assistance,
AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE "ADA" 28
CFR PART 35
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with
disabilities in the areas of employment, public accommodations, state and local government services, and
telecommunications.
ACKNOWLEDGEMENT OF FEDERAL FUNDING
The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and
issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds
under this Contract, shall contain the following statements:
"This project was supported by Grant No. Eli-DC-53-0001 awarded by the Department of Housing and Urban
Development (HUD). Points of view in this document are those of the author and do not necessarily represent the official
position or policies of the HUD. Grant funds are administered by the Housing Assistance Unit in the Community Services
and Housing Division, Washington State Department of Commerce."
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
2. All material produced by the Grantee that is designated as "confidential" by COMMERCE; and
3. All personal information in the possession of the Grantee that may not be disclosed understate or
federal law. "Personal information" includes but is not limited to information related to a person's name,
HL_010114_Opportunity_Council Whatcom_Homeless_Service_Center Operations
22
257
health, finances, education, business, use of government services, addresses, telephone numbers,
social security number, drivers license number and other identifying numbers, and "Protected Health
Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or
disclosure of Confidential Information. The Grantee shall use Confidential Information solely for the purposes
of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party
except with the prior written consent of COMMERCE or as may be required by law. The Grantee shall take all
necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever
COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The
Grantee shall make the changes within the time period specified by COMMERCE. Upon request, the
Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably
determines has not been adequately protected by the Grantee against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5) working days of
any unauthorized use or disclosure of any confidential information, and shall take necessary steps to
mitigate the harmful effects of such use or disclosure.
POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying
provisions of Chapter42.17 RCW and the Federal Hatch Act, 5 USC 1501 -1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any person for
public office.
RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this Grant and
performance of the services described herein, including but not limited to accounting procedures and practices that
sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant.
Contractor shall retain such records for a period of six years following the date of final payment. At no additional
cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to
inspection, review or audit by the COMMERCE, personnel duly authorized by the COMMERCE, the Office of the
State Auditor, and federal and state officials so authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained
until all litigation, claims, or audit findings involving the records have been resolved.
HL_010114_Opportunity_Council Whatcom_..Homeless.-Service_Center_Operations 23
258
EXHIBIT " G "
(BUSINESS ASSOCIATE AGREEMENT)
This Business Associate Agreement (the "Agreement") is made effective the 1 st day of January, 2014, by
and between Whatcom County, hereinafter referred to as "Covered Entity," and Opportunity Council,
hereinafter referred to as "Business Associate" (individually, a "Party" and collectively, the "Parties").
RECITALS:
A. WHEREAS, the Parties wish to enter into a Business Associate Agreement to ensure compliance
with the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996
("HIPAA Privacy and Security Rules") (45 CFR Parts 160 and 164); and
B. WHEREAS, the Health Information Technology for Economic and Clinical Health ("HITECH") Act
of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, modified the HIPAA
Privacy and Security Rules (hereinafter, all references to the "HIPAA Privacy and Security Rules"
include all amendments thereto set forth in the HITECH Act and any accompanying regulations); and
C. WHEREAS, the Parties have entered into a written or oral arrangement or arrangements (the
"Agreements") whereby Business Associate will provide certain services to Covered Entity and,
pursuant to such Agreements, Business Associate may be considered a "business associate" of
Covered Entity as defined in the HIPAA Privacy and Security Rules; and
D. WHEREAS, Business Associate may have access to Protected Health Information (hereinafter
"PHI") or Electronic Protected Health Information (as defined below) in fulfilling its responsibilities under
the Agreements; and
E. WHEREAS, Covered Entity wishes to comply with the HIPAA Privacy and Security Rules,
and Business Associate wishes to honor its obligations as a Business Associate to Covered Entity.
THEREFORE, in consideration of the Parties' continuing obligations under the Agreements, and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree to the provisions of this Agreement.
1. DEFINITIONS
Except as otherwise defined herein, any and all capitalized terms in this Agreement shall have the
definitions set forth in the HIPAA Privacy and Security Rules. In the event of an inconsistency
between the provisions of this Agreement and mandatory provisions of the HIPAA Privacy and
Security Rules, as amended, the HIPAA Privacy and Security Rules in effect at the time shall control.
Where provisions of this Agreement are different than those mandated by the HIPAA Privacy and
Security Rules, but are nonetheless permitted by the HIPAA Privacy and Security Rules, the
provisions of this Agreement shall control.
The term "Breach" means the unauthorized acquisition, access, use, or disclosure of PHI which
compromises the security or privacy of such information. The term "Breach" does not include: (1)
any unintentional acquisition, access, or use of PHI by any employee or individual acting under the
authority of a covered entity or business associate if (a) such acquisition, access, or use was made in
good faith and within the course and scope of the employment or other professional relationship of
such employee or individual, respectively, with the covered entity or business associate, and (b)
such information is not further impermissibly acquired, accessed, used, or disclosed by any person;
(2) any inadvertent disclosure by an individual who is otherwise authorized to access PHI at a facility
operated by a covered entity or business associate to another similarly situated individual at the
same facility, where the information disclosed is not further impermissibly acquired, accessed, used,
HL_010114_Opportunity_Council Whatcom_Homeless__Service_Center_Operations 24
259
or disclosed by any person; or (3) an impermissible disclosure of PHI where Covered Entity or
Business Associate has a good faith belief that an unauthorized person to whom the disclosure was
made would not reasonably have been able to retain such information.
The term "HIPAA Privacy and Security Rules" refers to 45 CFR Parts 160 and 164 as currently
in effect or hereafter amended.
The term 'Protected Health Information" or "PHI" means individually identifiable health information
including, without limitation, all information, data, documentation, and materials, including without
limitation, demographic, medical and financial information, that relates to the past, present, or
future physical or mental health or condition of an individual; the provision of health care to an
individual; or the past, present, or future payment for the provision of health care to an individual;
and that identifies the individual or with respect to which there is reasonable basis to believe the
information can be used to identify the individual. 'Protected Health Information" includes, without
limitation, "Electronic Protected Health Information," as defined below.
The term Electronic Protected Health Information" means PHI which is transmitted by or
maintained in Electronic Media (as now or hereafter defined in the HIPAA Privacy and Security
Rules).
The term "Secretary" means the Secretary of the Department of Health and Human Services.
The term "Unsecured Protected Health Information" means PHI that is not rendered unusable,
unreadable, or indecipherable to unauthorized individuals through the use of a technology or
methodology specified by the Secretary in guidance published in the Federal Register at 74 Fed. Reg.
19006 on April 27, 2009 and in annual guidance published thereafter.
U. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE
A. Business Associate may use or disclose PHI to perform functions, activities, or services for, or on
behalf of, Covered Entity as specified in the Agreements, provided that such use or disclosure would
not violate the HIPAA Privacy and Security Rules if done by Covered Entity.
B. Business Associate may use PHI in its possession for its proper management and administration
and to fulfill any present or future legal responsibilities of Business Associate, provided that such
uses are permitted under state and federal confidentiality laws.
C. Business Associate may disclose PHI in its possession to third parties for the purposes of its
proper management and administration or to fulfill any present or future legal responsibilities of Business
Associate, provided that:
1. The disclosures are required by law; or
2. Business Associate obtains reasonable assurances from the third parties to whom the PHI is
disclosed that the information will remain confidential and be used or further disclosed only as required
by law or for the purpose for which it was disclosed to the third party, and that such third parties will
notify Business Associate of any instances of which they are aware in which the confidentiality of the
information has been breached.
D. Until such time as the Secretary issues regulations pursuant to the HITECH Act specifying what
constitutes "minimum necessary" for purposes of the HIPAA Privacy and Security Rules, Business
Associate shall, to the extent practicable, access, use, and request only PHI that is contained in a limited
data set (as defined in Section 164.514(e)(2) of the HIPAA Privacy and Security Rules), unless
Business Associate requires certain direct identifiers in order to accomplish the intended purpose of the
access, use, or request, in which event Business Associate may access, use, or request only the
HL_010114_Opportunity_Council_Whatcom_Homeless_Service_Center_Operations 25
260
minimum necessary amount of PHI to accomplish the intended purpose of the access, use, or request.
The Parties shall collaborate in determining what quantum of information constitutes the "minimum
necessary" amount for Business Associate to accomplish its intended purposes.
M. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE
A. Business Associate acknowledges and agrees that all PHI that is created or received by
Covered Entity and disclosed or made available in any form, including paper record, oral communication,
audio recording, and electronic display by Covered Entity or its operating units to Business
Associate or is created or received by Business Associate on Covered Entity's behalf shall be
subject to this Agreement.
B. Business Associate agrees to not use or further disclose PHI other than as permitted or required
by this Agreement or as required by law.
C. Business Associate agrees to use appropriate safeguards, to prevent use or disclosure of
PHI other than as provided for by this Agreement. Specifically, Business Associate will:
1. Implement the administrative, physical, and technical safeguards set forth in
Sections 164.308, 164.310, and 164.312 of the HIPAA Privacy and Security Rules that reasonably and
appropriately protect the confidentiality, integrity, and availability of any PHI that it creates, receives,
maintains, or transmits on behalf of Covered Entity, and, in accordance with Section 164.316 of the
HIPAA Privacy and Security Rules, implement and maintain reasonable and appropriate policies and
procedures to enable it to comply with the requirements outlined in Sections 164.308, 164.310, and
164,312; and
2. Report to Covered Entity any use or disclosure of PHI not provided for by this
Agreement, including any Security Incident, of which Business Associate becomes aware, regardless
of whether the Security Incident rises to the level of a Breach. For purposes of this Agreement, "Security
Incident" means the successful unauthorized access, use, disclosure, modification, or destruction of PHI
or interference with system operations in an information system, of which Business Associate has
knowledge or should, with the exercise of reasonable diligence, have knowledge, excluding (i) "pings"
on an information system firewall; (ii) port scans; (iii) attempts to log on to an information system or
enter a database with an invalid password or user name; (iv) denial -of -service attacks that do not
result in a server being taken offline; or (v) "malware" (e.g., a worm or a virus) that does not result
in unauthorized access, use, disclosure, modification or destruction of PHI. The report shall be made as
soon as practical, and in any event within ten (10) days of Business Associate's discovery of the Security
Incident, A Security Incident shall be treated as discovered by Business Associate as of the first day on
which such Security Incident is known to Business Associate or, through the exercise of reasonable
diligence, would have been known to Business Associate,
D. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it
provides PHI received from, or created or received by Business Associate on behalf of Covered Entity,
agrees to the same restrictions and conditions that apply through this Agreement to Business
Associate with respect to such information.
E. Business Associate agrees to comply with any requests for restrictions on certain disclosures of
PHI to which Covered Entity has agreed in accordance with Section 164.522 of the HIPAA Privacy and
Security Rules and of which Business Associate has been notified by Covered Entity. In addition,
and notwithstanding the provisions of Section 164.522 (a)(1)(ii), Business Associate agrees to
comply with an individual's request to restrict disclosure of PHI to a health plan for purposes of
carrying out payment or health care operations if the PHI pertains solely to a health care item or service
for which Covered Entity has been paid by in full by the individual or the individual's representative.
HL_010114_Opportunity_Council_Whatcom_Homeless_Service_Center_Operations 26
261
The restriction can only apply to disclosures beginning the next business day after the request for
restriction is received.
F. At the request of Covered Entity, and in a reasonable time and manner, Business Associate
agrees to make available PHI required for Covered Entity to respond to an individual's request for
access to his or her PHI in accordance with Section 164.524 of the HIPAA Privacy and Security Rules. If
Business Associate maintains PHI electronically, it agrees to make such PHI available electronically to
the applicable individual or to a person or entity specifically designated by such individual, upon such
individual's request.
G. At the request of Covered Entity, and in a reasonable time and manner, Business Associate
agrees to make available PHI required for amendment by Covered Entity in accordance with the
requirements of Section 164.526 of the HIPAA Privacy and Security Rules.
H. Business Associate agrees to document any disclosures of, and make PHI available, for purposes
of accounting of disclosures, as required by Section 164,528 of the HIPAA Privacy and Security Rules.
I. Business Associate agrees that it will make its internal practices, books, and records relating to
the use and disclosure of PHI received from, or created or received by Business Associate on behalf
of, Covered Entity, available to the Secretary for the purpose of determining Covered Entity's
compliance with the HIPAA Privacy and Security Rules, in a time and manner designated by the
Secretary.
J. Business Associate agrees that, while present at any Covered Entity facility and/or when
accessing Covered Entity's computer network(s), it and all of its employees, agents, representatives and
subcontractors will at all times comply with any network access and other security practices,
procedures and/or policies established by Covered Entity including, without limitation, those established
pursuant to the HIPAA Privacy and Security Rules.
K. Business Associate agrees that it will not directly or indirectly receive remuneration in exchange for
any PHI of an individual without the written authorization of the individual or the individual's
representative, except where the purpose of the exchange is:
1. For public health activities as described in Section 164.512(b) of the HIPAA Privacy
and Security Rules;
2. For research as described in Sections 164.501 and 164.512(i) of the HIPAA Privacy
and Security Rules, and the price charged reflects the costs of preparation and transmittal of the
data for such purpose;
3. For treatment of the individual, subject to any further regulation promulgated by
the Secretary to prevent inappropriate access, use, or disclosure of PHI;
4. For the sale, transfer, merger, or consolidation of all or part of Business
Associate and due diligence related to that activity;
5. For an activity that Business Associate undertakes on behalf of and at the
specific request of Covered Entity;
6. To provide an individual with a copy of the individual's PHI pursuant to Section
164.524 of the HIPAA Privacy and Security Rules; or
7. Other exchanges that the Secretary determines in regulations to be similarly
necessary and appropriate as those described in this Section III.K.
L. Business Associate agrees that it will not directly or indirectly receive remuneration for any
written communication that encourages an individual to purchase or use a product or service without
HL_010114_Opportunity_Council_Whatcom_Homeless_Service Center_Operations 27
262
first obtaining the written authorization of the individual or the individual's representative, unless:
1. Such payment is for a communication regarding a drug or biologic currently
prescribed for the individual and is reasonable in amount (as defined by the Secretary); or
2. The communication is made on behalf of Covered Entity and is consistent with the
terms of this Agreement.
K Business Associate agrees that if it uses or discloses patients' PHI for marketing purposes, it
will obtain Covered Entity's written approval and such patients' authorization before making any such
use or disclosure.
IV. BUSINESS ASSOCIATE'S MITIGATION AND BREACH NOTIFICATION OBLIGATIONS
A. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the
requirements of this Agreement.
B. Following the discovery of a Breach of Unsecured Protected Health Information, Business
Associate shall notify Covered Entity of such Breach without unreasonable delay and in no case later
than ten (10) calendar days after discovery of the Breach. A Breach shall be treated as discovered by
Business Associate as of the first day on which such Breach is known to Business Associate or,
through the exercise of reasonable diligence, would have been known to Business Associate.
C. Notwithstanding the provisions of Section IV.B., above, if a law enforcement official states to
Business Associate that notification of a Breach would impede a criminal investigation or cause damage
to national security, then:
1. If the statement is in writing and specifies the time for which a delay is required,
Business Associate shall delay such notification for the time period specified by the official; or
2. If the statement is made orally, Business Associate shall document the statement,
including the identity of the official making it, and delay such notification for no longer than thirty
(30) days from the date of the oral statement unless the official submits a written statement during that
time.
Following the period of time specified by the official, Business Associate shall promptly deliver a
copy of the official's statement to Covered Entity.
D. The Breach notification provided shall include, to the extent possible:
1. The identification of each individual whose Unsecured PHI has been, or is
reasonably believed by Business Associate to have been, accessed, acquired, used, or disclosed
during the Breach;
2. A brief description of what happened, including the date of the Breach and the date of
discovery of the Breach, if known;
3. A description of the types of Unsecured PHI that were involved in the Breach (such
as whether full name, social security number, date of birth, home address, account number, diagnosis,
disability code, or other types of information were involved);
4. Any steps individuals should take to protect themselves from potential harm resulting
from the Breach;
s. A brief description of what Business Associate is doing to investigate the Breach, to
mitigate harm to individuals, and to protect against any further Breaches and when such steps were
taken; and
HL_010114_Opportunity_Council_Whatcom_Homeless_Service_Center_Operations 28
263
6. Contact procedures for individuals to ask questions or learn additional information,
which shall include a toll -free telephone number, an e-mail address, Web site, or postal address.
E. Business Associate shall provide the information specified in Section IV,D. above, to
Covered Entity at the time of the Breach notification, if possible, or promptly thereafter as information
becomes available. Business Associate shall not delay notification to Covered Entity that a Breach
has occurred in order to collect the information described in Section IV.D., and shall provide such
information to Covered Entity even if the information becomes available after the ten (10)-day period
provided for initial Breach notification.
V. OBLIGATIONS OF COVERED ENTITY
A. Upon request of Business Associate, Covered Entity shall provide Business Associate with
the notice of privacy practices that Covered Entity produces in accordance with Section 164.520 of the
HIPAA Privacy and Security Rules.
B. Covered Entity shall provide Business Associate with any changes in, or revocation of,
permission by an individual to use or disclose PHI, if such changes affect Business Associate's
permitted or required uses and disclosures.
C. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI to
which Covered Entity has agreed in accordance with Section 164.522 of the HIPAA Privacy and
Security Rules, and Covered Entity shall inform Business Associate of the termination of any such
restriction, and the effect that such termination shall have, if any, upon Business Associate's use and
disclosure of such PHI. Business Associate shall have a reasonable period of time to act on such
notice.
vr. TERMAND TERMINATION
A. Term. The Term of this Agreement shall be effective as of the date first written above, and shall
terminate upon the later of the following events: (i) in accordance with Section VI.C., when all of the PHI
provided by Covered Entity to Business Associate or created or received by Business Associate on
behalf of Covered Entity is destroyed or returned to Covered Entity or, if such return or destruction
is infeasible, when protections are extended to such information; or (ii) upon the expiration or
termination of the last of the Agreements.
B. Termination. Upon either Party's knowledge of a material breach by the other Party of its
obligations under this Agreement, the non -breaching Party shall, within twenty (20) days of that
determination, notify the breaching Party, and the breaching Party shall have thirty (30) days from
receipt of that notice to cure the breach or end the violation. If the breaching Party fails to take
reasonable steps to effect such a cure within such time period, the non -breaching Party may
terminate this Agreement and the Agreements.
Where either Party has knowledge of a material breach by the other Party and determines that
cure is infeasible, prior notice of the breach is not required, and the non -breaching Party shall
terminate the portion of the Agreements affected by the breach.
Where neither cure nor termination is feasible, the non -breaching Party shall report the
violation to the Secretary,
C. Effect of Termination.
1. Except as provided in paragraph (2) of this subsection C., upon termination of
this Agreement, the Agreements or upon request of Covered Entity, whichever occurs first, Business
Associate shall within ten (10) days return or destroy all PHI received from Covered Entity, or
HL_010114_Opportunity_Council_Whatcom_Homeless_Service_Center_Operations 29
264
created or received by Business Associate on behalf of Covered Entity. This provision shall apply to
PHI that is in the possession of subcontractors or agents of Business Associate. Neither Business
Associate nor its subcontractors or agents shall retain copies of the PHI.
2. In the event that Business Associate determines that returning or destroying the PHI
is infeasible, Business Associate shall provide within ten (10) days to Covered Entity notification of the
conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return
or destruction of PHI is infeasible, Business Associate shall extend the protections of this Agreement
to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return
or destruction infeasible, for so long as Business Associate maintains such PHI.
V11. MISCELLANEOUS
A. Indemnification. Each Party shall indemnify and hold the other harmless from and against all
claims, liabilities, judgments, fines, assessments, penalties, awards, or other expenses, of any kind or
nature whatsoever, including, without limitations, attorneys' fees, expert witness fees, and costs of
investigation, litigation or dispute resolution, relating to or arising out of any breach or alleged breach of
this Agreement, or any Breach, by that Party or its subcontractors or agents.
B. No Riqhts in Third Parties. Except as expressly stated herein, in the HIPAA Privacy and
Security Rules, the Parties to this Agreement do not intend to create any rights in any third parties,
C. Survival, The obligations of Business Associate under Section VI.C. of this Agreement
shall survive the expiration, termination, or cancellation of this Agreement, the Agreements, and/or the
business relationship of the Parties, and shall continue to bind Business Associate, its agents,
employees, contractors, successors, and assigns as set forth herein. Furthermore, the Parties'
indemnification obligations pursuant to Section VII.A. of this Agreement shall survive the expiration,
termination, or cancellation of this Agreement, the Agreements, and/or the business relationship of the
Parties, and shall continue to bind the Parties, their agents, employees, contractors, successors, and
assigns as set forth herein.
D. Amendment. This Agreement may be amended or modified only in a writing signed by the
Parties. The Parties agree that they will negotiate amendments to this Agreement to conform to any
changes in the HIPAA Privacy and Security Rules as are necessary for Covered Entity to comply with
the current requirements of the HIPAA Privacy and Security Rules. In addition, in the event that either
Party believes in good faith that any provision of this Agreement fails to comply with the then -current
requirements of the HIPAA Privacy and Security Rules or any other applicable legislation, then such
Party shall notify the other Party of its belief in writing. For a period of up to thirty (30) days, the Parties
shall address in good faith such concern and amend the terms of this Agreement, if necessary to bring
it into compliance. If, after such thirty (30)- day period, the Agreement fails to comply with the HIPAA
Privacy and Security Rules or any other applicable legislation, then either Party has the right to
terminate this Agreement and the underlying arrangement upon written notice to the other Party,
E. Assignment. Neither Party may assign its respective rights and obligations under this
Agreement without the prior written consent of the other Party.
F. Independent Contractor. None of the provisions of this Agreement are intended to create, nor
will they be deemed to create, any relationship between the Parties other than that of independent
parties contracting with each other solely for the purposes of effecting the provisions of this Agreement
and any other agreements between the Parties evidencing their business relationship.
G, Governing Law. To the extent this Agreement is not governed exclusively by the HIPAA
HL_010114_Opportunity_Council—Whatcom _Homeless.,_Service_Center_Operations 30
265
Privacy and Security Rules or other provisions of federal statutory or regulatory law, it will be governed
by and construed in accordance with the laws of the State of Washington.
H, No Waiver. No change, waiver, or discharge of any liability or obligation hereunder on any one
or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or
shall prohibit enforcement of any obligation, on any other occasion.
1. Interpretation. Any ambiguity of this Agreement shall be resolved in favor of a meaning that
permits Covered Entity to comply with the HIPAA Privacy and Security Rules.
J. Severability. In the event that any provision of this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will
remain in full force and effect.
K. Notice. Any notification required in this Agreement shall be made in writing to the
representative of the other Party who signed this Agreement or the person currently serving in that
representative's position with the other Party.
L. Certain Provisions Not Effective in Certain Circumstances. The provisions of this Agreement
relating to the HIPAA Security Rule shall not apply to Business Associate if Business Associate does
not receive any Electronic PHI from or on behalf of Covered Entity.
M. Entire Agreement, This Agreement constitutes the entire understanding of the Parties with
respect to the subject matter hereof and supersedes all prior agreements, oral or written. In the event of
any inconsistency between this Agreement and any other agreement between the Parties
concerning the use and disclosure of PHI and the Parties' obligations with respect thereto, the terms of
this Agreement shall control.
HL_010114_Opportunity_Council_ Whatcorn_ Homeless _Service_Center_Operations 31
266
EXHIBIT "H"
(SUB -RECIPIENT AGREEMENT)
THIS SUB -RECIPIENT AGREEMENT is made and entered into by and between Whatcom County, herein after referred to as the
"County", and Opportunity Council, herein after referred to as the "Agency."
This is a subgrant of US Department of Housing and Urban Development, Emergency Solutions Grant, CFDA# 14.231.
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
Govemments 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 nondiscrimation 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.
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.g2v. 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.
HL_010114_Opportunity_Council_Whatcom_,Homeless_Service_Center_Operations 32
267
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 ht_pt ://www.eels.,gov/_ '
HL 010114_Opportunity_Council Whatcom_Homeless_Service_Center_Operations 33
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-421
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
PJ ,
11/IS/l3
-- �- V C=;
Ll: ��
12110113
Finance/Council
lAktL--
11 - P
Division Head:
DEC 0 3 209
ob
g B a5
i3
Dept. Head:
W HTC O COUNTY
Prosecutor:
lgallery
11119113
Purchasing/Budget:
1991/l9/l3
Executive:
TITLE OF DOC .
Contract amendment and extension between the Health Dept. and Northwest Youth Services to provide case management and
supportive services to those individuals receiving rental subsidies through the WHSC.
ATTACHMENTS:
Contract Info Sheet
Memo to Executive
2 Originals of Contract Amendment
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing ? ( ) Yes (X ) NO
SEPA review completed? ( ) Yes ( X ) NO
Requested Date:
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is 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 purpose of the contract is to provide case management and supportive services to individuals receiving rental subsidies through the
Whatcom Homeless Service Center in order to improve housing stability and reduce youth homelessness in Whatcom County. The
contractor will serve homeless youth in need of re -housing services.
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.
269
WHATCOM COUNTY
Health Department
509 Girard Street
Bellingham, WA 98225
Regina A. Delahunt
Director
NOV 27 2313
TO: Jack Louws, County Executive JACK LOUW
�ko COUNTY EXECUTIVE
FROM: Regina A. Delahunt, Director
RE: Northwest Youth Services, Whatcom County Homeless Service Center
Housing Case Management Services, Contract Amendment #3
DATE: November 25, 2013
Enclosed are two (2) originals of a contract amendment between Whatcom County
Health Department and Northwest Youth Services for your review and signature.
■ Background and Purpose
This contract funds the provision of housing case management services, in association
with the Whatcom County Homeless Service Center (WCHSC). The contractor will
serve homeless youth in need of re -housing and permanent supportive housing and
services. The purpose of the contract is to provide case management and supportive
services to youth receiving rental subsidies through the WCHSC and those youth waiting
for housing in order to improve housing stability and reduce homelessness in Whatcom
County. So far in 2013 NWYS has provided housing case management support to 35
youth households place into permanent housing and to an additional 50 waiting for
housing services.
■ Funding Amount and Source
The source of funding for this contract, in an amount not to exceed $61,928.00, is County
held ESSHB 2163 and HB 1359 funds. Funding for this contract is included in the current
budget. Council approval of this contract amendment is required because we are
extending for a fourth year when Section 10.2 provided for a maximum of three years
only.
■ Differences from Previous Contract
The amendment extends the duration of the current contract for an additional 12 months.
The contract history is:
• Original amount
$61,928
• Amendment #1
$61,928
• Amendment #2
$61,928
• Amendment #3
$61,928
• Revised total maximum consideration not to exceed $247,712
Please contact Gail de Hoog at extension 30693 if you have any questions regarding this
amendment.
Encl.
270
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
201011019-3
Originating Department:
Whatcom County Health Department
Contract Administrator:
Gail de Hoog
Contractor's / Agency Name:
Northwest Youth Services
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes _ No X_ Yes X No If yes, previous number(s): 201011019-2
Is this a grant agreement?
Yes — No X_ If yes, grantor agency contract number(s)
CFDA number
Is this contract grant funded?
Yes _ No X If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract Cost Center: 122200
Yes X No If yes, RFP and Bid number(s) RFP 10-73
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. Professional services agreement for certified/licensed professional
Work is for less than 120 days _ Contract for Commercial off the shelf items (COTS)
Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FHWA
Contract Amount:(sum of orig contract amt and
If a Professional Services Agreement is more than $15,000 or a Bid is more than
any prior amendments)
$35,000, please submit an Agenda Bill for Council approval and a supporting
$ 185,784.00
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
$ 61,928.00
agenda bill and supporting memo. If less than these thresholds, just submit to
Total Amended Amount:
Executive with supporting memo for approval.
$ 247,712.00
Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary]
This contract funds the provision of housing case management services in association with the Whatcom Homeless
Service Center (WHSC). The contractor will serve homeless youth (up to age 25) with moderate to significant barriers
to housing stability. The purpose of the contract is to provide case management and supportive services to those
individuals receiving rental subsides through the WHSC and to those youth waiting for housing in order to improve
housing stability and reduce homelessness in Whatcom County.
Term of Contract: 1 Year
Expiration Date: 12/31/2014
Contract Routing Steps & Signoff. [sign or initial]
[indicate date transmitted]
1. Prepared by: pj
Date 10/15/13_ [electronic]
2. Attorney reviewed:"' t.
Date i ;electronic]
3. AS Finance reviewed:
Date_l 1 / 19/ 13 [electronic]
_mdc
4. IT reviewed if IT related
Date [electronic]
5. Corrections made:
_
Date [electronic] hard copy printed
6. Attorney signoff: dr7otc��-
�—
Date iy a �J 0
"
7. Contractor signed:
Date " s`// 3
8. Submitted to Exec Office
Date 2 v 113 Jsummary 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
271
g
Whatcom County Contract No.
201011019-3
WHATCOM COUNTY HEALTH DEPARTMENT CONTRACT EXTENSION
PARTIES:
Whatcom County
Whatcom County Courthouse
311 Grand Avenue
Bellingham, WA 98225
AND CONTRACTOR:
Northwest Youth Services
P.O. Box 5447
Bellingham, WA 98227-5447
Whatcom County # 201011019
AMENDMENT NUMBER: 3
CONTRACT PERIODS:
Original: 01/01/2011-12/31/2011
Amendment 1: 01/01/2012 - 12/31/2012
Amendment 2: 01/01/2013—12/31/2013
Amendment 3: 01/01/2014—12/31/2014
THE CONTRACT IDENTIFIED HEREIN, INCLUDING ANY PREVIOUS AMENDMENTS
THERETO, IS HEREBY EXTENDED AS SET FORTH IN THE DESCRIPTION OF THE
EXTENSION BELOW BY MUTUAL CONSENT OF ALL PARTIES HERETO
DESCRIPTION OF EXTENSION:
1. Revise Section 10.2 General Conditions to read as follows:
"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 four years."
2. Extend the duration and other terms of this contract to provide housing case management
services for an additional 12 months, as per the above revised contract "General
Conditions, Section 10.2, Extension".
3. The effective date of the extension is January 1, 2014.
4. Funding for this extended contract period 01/01/2014-12/31/2014 is not to exceed
$61,928.00.
5. The funding for the total contract period 01/01/2011-12/31/2014 is not to exceed
$247, 712.00.
HL 010114 Northwest—Youth._Services_WCHSC_ CM_ Amendment_#3 PaT12
ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND ANY PREVIOUS
AMENDMENTS THERETO REMAIN IN FULL FORCE AND EFFECT.
ALL PARTIES IDENTIFIED AS AFFECTED BY THIS EXTENSION HEREBY ACKNOWLEDGE AND
ACCEPT THE TERMS AND CONDITIONS OF THIS EXTENSION.
Signature is required below.
APPROVAL AS TO
I_P
DEPARTMENT HEAD APPROVAL
APPROVAL AS TO FORM:
con, Human Services Program Manager
Delahunt, Health Department Di
0
Date
Elizabeth L' Galfery, C v� Deputy Prosecutor Date
FOR WHATCOM COUNTY:
Jack Louws, County Executive Date
STATE OF WASHINGTON)
COUNTY OF WHATCOM )
On this _ day of , 2013, 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.
NOTARY PUBLIC in and for
the State of Washington
Residing at Bellingham.
My Commission expires:
HL_010114 Northwest_Youth_,Services WCHSC— CM_. Amendment-0 PaF73
FOR THE CONTRACTOR:
Contractor Signature Print Napiie and Title Date
STATE OF WASH INGTON) f`
COUNTY OF WHATCOM )
On this Z day of ` CYO , 2013, before me personally appeared
to me known to be the and who executed the
above instrument an cknowledged to e the a-cl of signing and sealing thereof,
ROTARY PUBLIC in and for �O®r�SION
the State of Washington ��� �`q%•�
Residing at SeNi+�. rev ®TA���,
My Commission expires:`�� 1 �;A °°�f3tIC
®A��®
HL 010114 Northwest_Youth_Services WCHSC_ CM— Amendment_ f3 Pa214
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-422
CLEARANCES
Initial
Date
ate -_eived_in Council O tce
Agenda Date
Assigned to:
Originator:
LS
11/22/13
(`l -z _� lk ���
�!
DEC 0 3 2013
12110113
Finance /Coune
Division Head.
Dept. Head:
WHATCOM COUNTY
%
l P �� l` i
Prosecutor:
,.
COUNCIL
A
Purchasing/Budget:
Executive:
..� .®�
TITLE OF E T. Contract between Whatcom County and Mt. Baker Foothills Chamber of
Commerce
ATTACHMENTS: Contract, Memo, Information Sheet
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( x ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE:
As allowed in RC 67.28, Whatcom County will provide funding to Mt. Baker Foothills Chamber of Commerce
for the promotion and operation of the Mt. Baker Foothills Visitor Information Center.
The contract amount is $80, 000.
The term of the contract is January 1, 2014 through December 31, 2014.
COMMITTEE ACTION.
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at: www.co.whatcom.wa.us/council.
275
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
® -3 % 03
Originating Department:
Executive
Contract Administrator:
Linda Salas
Contractor's / Agency Name:
Mt. Baker Foothills Chamber of Commerce
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 #
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:
_x_ Contract less than $100,000. Professional services agreement for certified/licensed professional
_
Work is for less than 120 days Contract for Commercial off the shelf items (COTS)
Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA
Contract Amount:(sum of orig contract amt and any prior
If a Professional Services Agreement is more than $15,000 or a Bid is
amendments)
more than $35,000, please submit an Agenda Bill for Council approval
$ 80 000
and a supporting memo. Any amendment that provides either a 10%
This Amendment Amount:
increase in amount or more than $10,000, whichever is greater, must
$
also go to Council and will need an agenda bill and supporting memo. If
Total Amended Amount:
less than these thresholds, just submit to Executive with supporting
$
memo for approval.
Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary]
To promote tourism in Whatcom County, thereby generating additional revenues to our community.
Term of Contract: 12 months
Expiration Date: 12/31/14
Contract Routing Steps & Signoff: [sign or initial] (indicate date transmitted]
1. Prepared by LS
Date 11/22/13
[electronic]
2. Attorney reviewed oliv I. 6ibw,
Date if V 1:3
[electronic]
3. AS Finance reviewed '%�
Date
[electronic]
4. IT reviewed if IT related
Date
[electronic]
5. Corrections made
6. Attorney signoff ®.
Date
Date nb7b3
[electronic] hard copy printed
7. Contractor signed
Date
8. Submitted to Exec Office t/
Date //-2 -/ 3
[summary via electronic; hardcopies]
9. Council approved (if necessary)
Date
10. Executive signed
Date
11. Contractor Original Returned to dept.
Date
12. County Original to Council
Date
Last Revised 1/19/12
276
(" y."' t) "1 A I Whatcom County Contract No.
,2o/,3//®3®
CONTRACT FOR SERVICES AGREEMENT
MT. BAKER FOOTHILLS CHAMBER OF COMMERCE
Mt. Baker Foothills Chamber of Commerce , 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), pg. 9,
Exhibit B (Compensation), pp. 10 ,
Exhibit C (Certificate of Insurance).
Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein.
The term of this Agreement shall commence on the 1st day of January , 20 14 , regardless the date of signature and
shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 day of December , 20
14 .
The general purpose or objective of this Agreement is to: support the Mt. Baker Foothills Chamber for expenses incurred in the operation of
their Visitor Information Center , 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
$ 80,000. The Contract Number, set forth above, shall be included on all billings or correspondence in connection
therewith.
Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2,
32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of 20
CONTRACTOR:
Mt. Baker Foothills Chamber of Commerce
Bret VanLant, President
STATE OF WASHINGTON
COUNTY OF
On this _ day of , 20 _, before me personally appeared Bret VanLant to me known to be the President of _Mt. Baker Foothills
Chamber of Commerce and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of Washington, residing at
. My commission expires
Contract for Services Agreement
[Insert more specific appellation] Page 1
v 1.0
277
WHATCOM COUNTY:
Recommended for Approval:
Department Director Date
Ap 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:
Mt. Baker Foothills Chamber of Commerce
Bret Van Lan t
Address:
P.O. Box 866
Maple Falls, WA 98266
Contact Phone: 360-599-2200
Contact FAX: 360-599-3000
Contact Email: bret@mistymtrealty.com
Contract for Services Agreement
[Insert more specific appellation] Page 2
v 1.0
278
GENERAL CONDITIONS
Series 30-39: Provisions Related to Administration of Agreement
0.1 Scope of Services:
The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A",
during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the
Agreement.
Series 10-19: Provisions Related to Term and Termination
10.1 Term:
Services provided by Contractor prior to. or after the term of this contract shall be performed at the expense of Contractor and are not
compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be
extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties.
10.2 Extension: Not Applicable
11.1 Termination for Default: Not Applicable
11.2 Termination for Reduction in Funding: Not Applicable
11.3 Termination for Public Convenience: Not Applicable
Series 20-29: Provisions Related to Consideration and Payments
20.1 Accounting and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires
payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by
documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days
worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal
auditing requirements.
Unless specifically stated in Exhibit "B" or approved in writing .in advance by the official executing this Agreement for the County or his
designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses
incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate
documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures,
pursuant to the fee schedule set forth in Exhibit "B."
21.1 Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by
State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All
compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance
with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout
the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement.
The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay
taxes on compensation earned pursuant to this Agreement.
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: Not Applicable
23.1 Labor Standards:
Contract for Services Agreement
[Insert more specific appellation] Page 3
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279
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:
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.
31.2 Patent/Copyright Infringement: Not Applicable
32.1 Confidentiality: Not Applicable
33.1 Right to Review:
This contract is subject to review by any Federal, State or County auditor, The County or its designee shall have the right to review and
monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer
or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection
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 (this amount may vary with circumstances)
General Liability & Property Damage for bodily injury- $1,000,000.00 (this amount may vary with circumstances)
A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall
be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory.
Contract for Services Agreement
[Insert more specific appellation] Page 4
v 1.0 280
Professional Liability - $1,000,000 per occurrence: Not Applicable
34.2 Industrial Insurance Waiver: Not Applicable
34.3 Defense & Indemnity Agreement: Not Applicable
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 Noncom petition: 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:
Insert here (name, job title, work address)
37.2 Notice: Not Applicable
38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable
38.2 Certification Regarding Federal Debarment Suspension Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not
Applicable
38.3 E-Verify: Not Applicable
Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes
Contract for Services Agreement
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281
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:
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
[Insert more specific appellation] Page 6
v 1.0 282
EXHIBIT "A"
(SCOPE OF WORK)
Whatcom County will provide support to Mt. Baker Foothills Chamber of Commerce for expenses incurred in the
operation of their Visitor Information Center and their mission to promote tourism and overnight stays in
Whatcom County. Funds will be used to support the Mt. Baker Foothills Chamber of Commerce in their daily
operations of their Visitors Center. Facilities will be open on average 35-40 hours per week.
Pursuant to RCW 67,28.210, all funding will be used for costs associated with the operation of the Mt. Baker Foothills
Visitors Center for the promotion of tourism in Whatcom County,
As a recipient of the Lodging Tax Fund and pursuant to RCW 67.28.1816, Mt. Baker Foothills Chamber of Commerce
will provide the following information. -
The estimated number of tourists, persons traveling over fifty rniles to the destination, persons remaining at the
destination overnight, and lodging stays generated per festival, special event or tourism -related facility owned or
sponsored by a nonprofit organization or local jurisdiction.
Contract for Services Agreement
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283
EXHIBIT "B"
(COMPENSATION)
The Contract Number, set forth above, shall be included on all billings. The Mt Baker Foothills Chamber will
provide Whatcom County with an invoice detailing expenses as allowed in Exhibit A (including receipts).
Payment will be made as reimbursement only.
Allowable expenses include but are not limited to:
Rent
Utilities
Salaries
Payroll taxes
Health Insurance
Telephone service
Design, printing and distribution of promotional materials including the newsletter, Foothills Visitors guide &
Foothills Business Guide
Promotions, marketing and advertising
Office supplies and maintenance
Bookkeeping expenses for Visitor Center activities
Postage costs
Email and Internet costs
Web Site Design and IT maintenance
Budget:
Salaries & benefits $60,368
Administration: supplies, copies, rent, janitor, IT, phone, taxes, etc. $17,730
Marketing/Promotion: 1,902
$80,000
Maximum consideration for this contract shall be $80,000.
Contract for Services Agreement
[Insert more specific appellation] Page 8
V' .0 284
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-423
CLEARANCES
Initial
Date
Date Received in Council Office
A enda Date
Assigned to:
Originator:
pi
10/22/13
C_
DEC, 0 013
12/10/13
Finance/Council
Division Head:
Dept. Head:AP
W H ATC yCOUNTY
Prosecutor:
�(
IIlG 113
Z
"
COUNCIL
Purchasing/Budget:
Executive:
w
TITLE OF D-00416 Contract between Whatcom County and Christine Phelan, MA, CMHS, LMFT for mental health
treatment services
ATTACHMENTS:
1. Memo to executive
2. Information Sheet
3. 2 copies of contract
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.)
The purpose of this contract is to provide outpatient mental health treatment services to Whatcom County
residents who have no other readily available source of funding to procure mental health services.
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.
285
WHATCOM COUNTY oM Regina A. Delahunt
HEALTH DEPT. Director
509 Girard St.
Bellingham, WA 98225
RECEIVED
02
ASH N G�
MEMORANDUM NOV 27 2013
TO: Jack Louws, County Executive JACK LOUWS
W COUNTY EXECUTIVE
FROM: Regina A. Delahunt
RE: Christine Phelan, MA, CMHS, LMFT, New Contract for Mental Health
Services
DATE: November 21, 2013
Enclosed are two (2) originals of a contract between Whatcom County and Christine
Phelan, MA, CMHS, LMFT for your review and signature.
■ Background and Purpose
The purpose of this contract is to provide outpatient mental health treatment services to
Whatcom County residents who have no other readily available source of funding to
procure mental health services.
■ Funding Amount and Source
The contract is funded by the Chemical Dependency/Mental Health Program Fund. The
agreement establishes reimbursement rates for services provided to clients. Total
compensation will vary depending on the number of services provided and will be
authorized by the Health Department. Based on contractor performance on similar
contracts in the past, it's estimated that this contract will be funded at approximately
$20,000 per year and is included in the 2014 budget. County Council approval is
required in case the level of service exceeds $20,000. An Agenda Bill is attached.
■ Differences from Previous Contract
This is a new contract; however this provider has delivered these services under a
previous contract. So far in 2013, Christine Phelan, MA, CMHS, LMFT has provided
mental health treatment services to 48 clients.
Please contact Anne Deacon at extension 50877, if you have any questions or concerns
regarding the terms of this agreement.
Encl.
Whatcom County
WHATCOM COUNTY CONTRACT Contract No.
INFORMATION SHEET ®/
Originating Department:
Health
Contract or Grant Administrator:
Anne Deacon
Contractor's / Agency Name:
Christine Phelan, MA, CMHS, LMFT
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No
Yes X No If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes X No
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: 124100
Is this agreement excluded from E-Verify? No Yes X If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
� Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
❑ Interlocal Agreement (between Govt's) ❑ Public Works - Local Agency/FederallyAgency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
• Bid is more than $40,000.
Per Health Dept. Authorization_
• Amendments that have either an increase greater than 10% or
provide a $10,000 increase in amount (whichever is greater)
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope:
The purpose of this contract is to provide outpatient mental health treatment services to Whatcom County
residents who have no other readily available source of funding to procure mental health services.
Term of Contract: 1 Year
Expiration Date: 12/31 /2014
Contract Routing Steps & Signoff: [sign or initial] [indicate date transrnittedl
1. Prepared by: Ri Date 10/28/13_ [electronic]
2. Attorney reviewed: _lgallery Date _l 1/6/13 [electronic]
3. AS Finance reviewed: Date [electronic]
4. IT reviewed if IT related Date _[electronic]
5. Corrections made: Date [electronic] hard copy printed
6. Attorney signoff: Date ` 2410
7. Contractor signed: g� Date 1 / - z/ -/ 3
8. Submitted to Exec Office Date [summary via electronic; hardcopies]
9. Council approved (if necessary) Date
10. Executive signed:
11. Contractor Original Returned to dept;
12. County Original to Council
Date
Date
Date
287
COtCOUNT
-� � ORIGINAL Whatcom County Contract No.
CONTRACT FOR SERVICES AGREEMENT
Mental Health Treatment Services
Christine Phelan, MA, CMHS, LMFT, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and
contract as set forth in this Agreement, including:
General Conditions, pp. 3 to 7
Exhibit A (Scope of Work), pp. 8 to 11 ,
Exhibit B (Compensation), p. 12 ,
Exhibit C (Certificate of Insurance), p. 13 .
Exhibit D (Mental Health Reimbursement Rates), p. 14 .
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 15f day of January 2014 and shall, unless terminated or renewed as elsewhere provided in
the Agreement, terminate on the 31 st day of December, 2014
The general purpose or objective of this Agreement is to: provide mental health treatment services, 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 vary depending on County pre -authorizations.
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, fie day of Aar , -- , 2013.
CONTRACTOR:
Christine Phelan, MA, CMHS, LMFT
STATE OF WASHINGTON }
COUNTY OF (�'��� j ss.}
On this1 day of uv , 2013, before me personally appeared C14 ' S •rOl f -�� �(o me known to be the _ c� �f (title) of
C14"451-a06 rd� -!,! - ,(Company) and who executed the above instrument and who acknowledged tome the act of signing and sealing thereof.
��%,,,,,,,,,,NOTARY PUBLIC in and for the State of Washington, residing at
.�Pp My commission expires 1
V e CiN
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HL 010114 Christine Phelan Mental -,Health—Treatment—Services
WHATCOM COUNTY:
Recommended for Approval:
13
Anne D acon, Human Services Manager date
Regin elahunt, Department Director Date
Approved as to form:
Elizabeth L. Gallery, Civ eputy 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 , 2013, 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:
Christine Phelan, MA, CMHS, LNIFT
Address:
1116 Key Street, #104
Bellingham, WA 98225
Mailing Address:
Same as above
Contact Name: Christine Phelan, MA, CMHS, LMFT
Contact Phone: 360 927-0600
Contact FAX: 360 715-1607
Contact Email: Christine@bellinghamtherapist.com
HL 010114 Christine Phelan —Mental —Health —Treatment —Services 2
289
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 six 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 defaults) shall be deducted from any money due or coming due to the Contractor. The Contractor shall
bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all
damage sustained, or which may be sustained by the County by reason of such default.
11.2 Termination for Reduction in Funding:
In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this
Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn,
reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or
limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best
interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions
of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three
days of the mailing of the notice, whichever occurs first
11.3 Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such
termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor
shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in
the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether
for default or convenience, shall not constitute breach of contract by the County.
Series 20-29: Provisions Related to Consideration and Payments
20.1 Accounting and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires
payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by
documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days
worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal
auditing requirements.
HL 010114 Christine Phelan —Mental —Health —Treatment —Services
290
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 stag.'!. not apply to cor travty
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:
Anne Deacon, Human Services Manager
Whatcom County Health Department
509 Girard Street
Bellingham, WA 98225
(360) 676-6724, ext. #50877
adeacon(&whatcomcounty.us
37.2 Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given
by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this
Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may
be given by delivery or by depositing in the US Mail, first class, postage prepaid.
38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable
38.2 Certification Regarding, Federal Deharralen_t Suspension, Ineliribiiity and Voluntary Exclusion - Lower Tier Covered Transactions: Not
Applicable
38.3 E-Verify: Not Applicable
Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes
HL 010114 Christine Phelan —Mental —Health —Treatment Services
M
291
Feb 18 13 11:03p I Christine Phelan
3607151607 p.2
Policy Number- PHCP064345
Professional Liability Insurance Application
P14CP064345
1/10/2013
Effective Date: 1/11/2013
CPH and Associates
711 S. Dearborn Suite 205
Chicago, IL 60605
Telephone:800-875-1911
Fax:312-987-0902
Email: info@cphins.eom
Personal Information
Full Name:
Christine
Phelan
Address:
1122 N. Garden St. Unit B
Bellingham, 98225
Washington
Address 2:
Phone:
360-927-0600
Fax: 360-715-I607
Email-
christine c@i bellinghamtherapist.comAre you a member Y e--
in good standing:
Occupation:
Licensed Marriage & Family
Is this a renewal? Yes [v No i—
Therapist
Professional
AAMFT
Association
Qualification Questions
1. Within the last 12 months, has any claim or suit been brought against you for alleged malpractice or professional liability, or are you aware of
any incident or existing circumstances that might reasonably lead to a claim or suit? No
2. Within the last 12 months, have you been convicted of a misdemeanor or felony? No
3. Within the past 12 months, have you had your license, certification or registration suspended, revoked, or placed on probation by a licensing
board, board of examiners, or any other governmental entity that regulates your profession' Have you received a citation or paid a fine as a result
of board proceeding? Have you surrendered, either voluntarily or otherwise, your license, certification, or registration? No
4. Within the past 12 months, have you been accused of sexual misconduct or any professional impropriety? No
5. Within the past 12 months, have any complaints been filed against you with a peer review committee or an ethics committee of a professional
association, hospital, health care facility, or any other governmental or private entity? No
6. Do you know of any reason why you cannot comply with the legal, ethical, orprofessional standards set by law, by regulation, by a peer review
committee or by an applicable code of ethics in any jurisdiction where you provide services? No
Optional Coverage
Landlord Covered:
Landlord Name and Address:
Martin Koeng, Yagoda LLC
CPR TOP added:
CPR TOP locations:
1) 1116 Key Street Bellingham, WA 98225
Yes
P.O. Box 2484 Vashon, WA 98070
1116 Key Street Bellingham, WA 98225
Yes
292
Feb 18 1311:03p Christine Phelan
3607151607 p.3
Policy Number. PHCP064345
Name: Christine
Phelan
Address: 1122 N_ Garden St. Unit B
Address 2:
City, State Zip: Bellingham, Washington 98225
Affiliation: AAMFT
Professional Occupation: Licensed Marriage & Family
Therapist
Policy Terms From: 1/11/2013
Policy Terms To: 1/11120M
Ending at 12:01 am. Standard Time.
ALLIED HEALTHCARE PROFESSIONAL AND SUPPLEMENTAL LIABILITY
RENESVAL DECLARATION
Attach this renewal declaration to your expiring policy
Philadelphia Indemnity Insurance Company
Administered By: CPH & Associates
713 S. Dearborn, Suite 205
Chicago, IL 60605
COVERAGE A - PROFESSIONAL LIABILITY COVERAGE LIMITS OF LIABILITY PREMIUM
Individuat - Each Incident: $1,000,000.00 $104.55
Aggregate. $3,000,000.00
Association, Partnership or Corporate - Each Incidental NIA
Aggregate: NIA
COVERAGE B - SUPPLEMENTAL LIABILITY COVERAGE
Individual -Each Incident: S1,000,000.00
Aggregate: S3,000,000.00
GENERAL LIA.BTLITY COVERAGE
Eachlncident S1,000,000.00
Aggregate: S3,000,000.00
PROPERTY COVERAGE
Each Incident: $15,000
Aggregate: $15,000
Policy Forms & Endorsements:
PI-PHCP-02(07110)
S 182.00
S150.00
Premium (including taxes): $43655
Policy Forms and Endorsement: The expiring policy farms, endorsements and limits of insurance apply to this renewal unless
changes are shown on this Renewal Declaration.
Call the Administrator to Verify Claims History at 1-800-875-1911
Jamie Maguire, Authorized Representative
State Endorsement(s) made a part of this policy at the time of issue: refer to www.cphins.com
293
Feb 18 13 11:04p Christine Phelan 3607151607 p.4
I1.I1gibil' and Discounts
Qualified for Risk Managcmcnt Discount: Yes
Qualified for Fist Year Discount No
Qualified for Second Year Discount: No
Eligibility Information:
Please read the information below to we if you qualify for these discounts. Please note that no combination of discounts can equal more than
50% of the annual premium. Ifyou qualify, you must claim discounts when you submit your application_ Refunds will not be awarded for
discounts requested later.
To be eligible for the Risk Management DisceunC you must have completed ai least 4 Continuing Education Units or the minimum number of
Continuing Education Units required by your state for license renewal; the course must have been completed within 24 months of your policy
effective date. Examples of courses included Patient Communications, Documentation, Informed Consent, Confidentiality of Records, Litigation,
and Other Legal Issues. Those in the Interns Post-Masters/Post-Doctoral under supervision and Psych Assistant/Associate categories do not
qualify for this discount.
NOTE: This discount is for the very first time that you are licensed. You do not qualify for this discount if you already hold a similar license or
were previously licensed or certified in another state_
Premium Information
Effective Date: VI V2013
Category:
Category B
11-20 weekly self employed client contact hours
Option:
Option 1
Each Occurrence
SLOW,000.00
Aggregate
$3,N'Do0.00
Supplemental
$3,000,000.00
Premium:
$I23.00
Optionally Covered:
$0.00
'Internet Discount:
$6.15
Other Discounts:
$12-30
CPH TOP:
$332.00
Sub Total: 436 55
Tax: $0.00
Allied Healthcare Providers
Association Risk Purchasing Group $10.00
Fee:
Grand Total Charged: 4$46.55
Fraud Notice
FRAUD NOTICE - As Applicable Under Your State Law.
WARNrNG: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES
AND APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR
CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A
FRAUDULENT INSURANCE ACT. WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO CRIMrNAL AND CIVIL PENALTIES.
NOTICE TO NEW YORK APPLICANTS: ANY PERSON WHO KNOWINGLY AND VVTPH INTENT TO DEFRAUD ANY INSURANCE
COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY
MATERIALLY FALSE INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADWG, INFORMATION CONCERNING ANY FACT
MATERIAL THERETO COMMT►'S A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SHALL ALSO BE SUBJECT TO A CIVIL
PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE STATED VALUE OF THE CLAIM FOR EACH SUCH VIOLATION.
NOTICE TO KENTUCKY APPLICAANfS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE
294
EXHIBIT "D"
(MENTAL HEALTH REIMBURSEMENT RATES)
CPT/Billing Code Psychiatrist Mid -level Provider Licensed MH BA Level
__ Professional Clinician_
90801- _ Intake Assessment N/A _ _ N/A $115 J N/A
90807 - Initial Medication $200 $140 N/A N/A
Evaluation
90804 -Brief Therapy
Session (20 minutes
minimum)
N/A
N/A
I $45
90806190847 - Full Therapy
Session (45 minutes
N/A
N/A
$90
minimum)
=
_
$35/hour
--
90853 - Group Therapy
- -------------
N/A
- -
N/A - -
90862- Medication
Management (20 minutes
$90
$64
N/A
minimum)_
CM - Case Management
(Billed in 15-minute
N/A
N/A
$80/hour
increments)
N/A
N/A
N/A
N/A
$801hour
HL 010114 Christine Phelan Mental —Health. -Treatment —Services
14
295
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-424
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assi ned to:
Originator:
WJ
11126113
, l_ V
12110113
Finance
Division Head:
it
113II
Dept. Head:
Prosecutor:
WHAT C� COUNTY
r �a��
Purchasing/Budget:
3
� S g I p
l llJ dm
COUNCIL
Executive:
® �\
TITLE OF DO CU ENT:
Aramark Correctional Services, LLC Operating Agreement - Commissary
ATTACHMENTS:
Memorandum to Jack Louws
Operating A reement — Commissar
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( x ) NO
SEPA review completed? ( ) Yes ( ) NO
Requester) Date:
SUVIMARYSTATEMENT OR LEGAL NOTICE LANGUAGE:
Aramark Correctional Services, LLC was awarded the bid for Jail Commissary Services. Aramark has the
exclusive right to provide commissary services for inmates at the Whatcom County Jail and Work Center.
Aramark agrees to provide a large selection of food, candy and non-alcoholic beverages, health and drug
items and general merchandise, including quality brand name products, all of which shall be subject to the
approval of the County.
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.
•V
WHATCOM COUNTY
SHERIFF'SOFTICE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
(360) 676-6650
TO:
FROM:
RE:
DATE:
MEMORANDUM
Jack Louws, County
Bill Elfo, Sheriff
Contract for Jail
Services, LLC
November 26, 2013
JEFF PARKS
UNDERSHERIFF
ART EDGE
CHIEF DEPUTY
DOUG CHADWICK
CHIEF DEPUTY
STEVE COOLEY
CHIEF INSPECTOR
',ONES
rF
RE
D
NOV 2 7 2 i3
JACK LFMw
COUNTY EX1-11
Services with Aramark Correctional
Enclosed are two (2) original of a Contract for Jail Commissary Services between the
Whatcom County Jail and Aramark Correctional Services, LL for your review and signature
■ Background and Purpose
This contract will provide for Jail Commissary Services for the main Jail and the Work Center.
Aramark was selected as the Commissary vendor as the result of an RFP process that occurred
in June and July of this year. This contract will run from January 1, 2014 through December
31, 2014 and be eligible for up to four (4) renewals. Aramark has provided Commissary for
Whatcom County Corrections since this service was outsourced in 2001.
■ Funding Amount and Source
This contract is a net revenue contract. The sole expenditures are for indigent hygiene items
for offender with no funds, and that cost is deducted from the revenues generated from
commissary sales. Revenues are recorded in account 118000.434-1.7004.
■ Differences from Previous Contract
This contract has the following changes:
■ An increase in the commission rate from 28% to 38%.
■ An increase in the guarteneed annual minimum commission payment from $90,000 to
$140,000.00
Please contact Wendy Jones at extension 50470,. if you have any questions or concerns
regarding the terms of this agreement.
Enclosures (2)
297
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety.
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
1to.2q
Originating Department:
Whatcom County Sheriffs Office/Corrections
Contract or Grant Administrator:
Wendy Jones, Chief
Contractor's / Agency Name:
Aramark Correctional Services, LLC
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑
Yes® No ❑ If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes ❑ No ❑
Is this a grant agreement?
Yes❑ No ® If yes, grantor agency contract number(s) CFDA #
Is this contract grant funded?
Yes ❑ No ® If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes ® No ❑ If yes, RFP and Bid number(s)13-48 Cost Center: 118150.6630
Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
® Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
❑ Interlocal Agreement (between Govt's) []Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$28% commission (Prior Contract)
• Bid is more than $40,000.
This Amendment Amount:
• Amendments that have either an increase greater than 10% or
$10% increase on commission for New Contract
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$38% commission paid to County on Net Sales
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope: Aramark Correctional Services, LLC was awarded the bid for Jail Commissary Services. Aramark
agrees to provide a large selection of food, candy and non-alcoholic beverages, health and drug items and general
merchandise, including quality brand name products, all of which shall be subject to the approval of the County.
Term of Contract:I year
Expiration Date: 12/31/14
Contract Routing Steps & Signoff Sign or Initial Indicate date transmitted
1. Prepared by: WJ
Date: 11/26/13
2. Attorney reviewed:
Date:
it 2�
3. AS Finance reviewed:
Date:
4. IT reviewed, if IT related:
Date:
5. Corrections made:
Date:
6. Attorney si noff:
Date:
t e � 12,
7. Contractor signed:
Date:
8. Submitted to Exec Office:
Date:
j 2 `7 / 3
9. Council Approved (if required):
Date:
10. Executive signed:
Date:
11. Contractor original returned to Dept.:
Date:
12. County original to Council:
Date:
Last Edited 7/24/13
298
�WRCOM COUNTY
C,UUt
T ORIGINA11_1 CONTRACT NO.
OPERATING AGREEMENT —COMMISSARY SERVICES
This OPERATING AGREEMENT (the "Agreement") is made as of
, 2013 between the County of Whatcom, with offices at 311 Grand Ave.,
Bellingham, WA 98225(the "County"), and ARAMARK Correctional Services, LLC, a Delaware
limited liability company, having a place of business at the ARAMARK Tower, 1101 Market
Street, Philadelphia, Pennsylvania 191907 ("ARAMARK").
WITNESSETH:
GRANT: The County hereby grants to ARAMARK the exclusive right to provide commissary
service (excluding vending machine operation) for its inmates, staff and visitors at the Whatcom
County Jail located at 311 Grand Ave., Bellingham, WA 98225 and the Whatcom County
Sheriff's Office Work Center, located at 2030 Division St. Bellingham, WA 98226 (known
collectively as the "Facilities"). ARAMARK hereby agrees to furnish a large selection of food,
candy and non-alcoholic beverages, health and drug items, and general merchandise, including
quality brand name products (known collectively as the "Products"), all of which shall be subject
to the approval of the .County. The County hereby approves the list of Products put forth on
Exhibit A, attached. In addition, ARAMARK shall also provide the Products listed in Exhibit B,
attached, to indigent inmates (the "Indigent Products")
1. OPERATIONAL RESPONSIBILITIES:
A. FACILITIES AND EQUIPMENT: The County shall at its expense provide
ARAMARK with adequate preparation kitchen facilities at the Facilities completely equipped
and ready to operate, together with such heat, refrigeration and utilities services as may be
reasonably required for the efficient performance of the Agreement.
The County shall, at its expense, provide ARAMARK with adequate office and storage
facilities at the Facilities completely equipped and ready to operate together with such heat, and
utilities services as may be reasonably required for the efficient performance of the Services.
ARAMARK shall be responsible for long distance telephone service. ARAMARK shall install
such computer hardware and related equipment and software (collectively "Computer
Equipment"), including but not limited to ARAMARK's CORE® commissary management
information systems (the "CORE® System") as necessary to support ARAMARK's commissary
operations. This installation will be done in coordination with the Whatcom County Information
Technology (IT) Department. ARAMARK shall remove all of their Computer Equipment upon
the expiration or termination of this Agreement. The CORE® System is and shall at all times be
owned by ARAMARK, which shall hold all rights relative thereto except as may be expressly
granted hereunder and then only to the extent of such express grant. All use of the CORE®
System at the Facilities shall immediately cease upon the expiration or termination of this
Agreement. PROVIDED that if this agreement terminates for any reason, ARAMARK shall
work with the County to transfer all inmate financial information, both current and archived, to
1
Operating Agreement —Commissary Services
Whatcom County and Aramark
299
the County. ARAMARK shall be responsible to support and maintain all Computer Equipment
during the term of this Agreement, but any and all such obligations shall cease upon the
termination or expiration of this Agreement, except as noted above. To the extent that it is
necessary for ARAMARK's or the County's employees to be trained to use the CORE® System,
ARAMARK shall provide such training, provided that ARAMARK shall have no other training
obligations hereunder.
The County shall furnish building maintenance services for the Facilities and shall
provide preventive maintenance and equipment repairs and replacements for the County owned
equipment.
The County shall run such cable and wiring, and shall perform such systems integration,
as necessary to enable the CORE System to support ARAMARK's commissary operations
PROVIDED that ARAMARK technicians will work with the County IT department to determine
and agree upon those technical requirements and installation schedule In the event the County
changes any third party vendor whose service interacts with the CORE System (such as its
telephone or internet service provider), any costs associated with CORE System customization or
code changes will be borne by the County PROVIDED that ARAMARK will work with the P
party vendor known as "SPILLMAN" to develop the interface needed to integrate the
SPILLMAN Records Management System with the CORE system, at no cost to the County, as
specified in the RFP.
In addition, should the County fail to provide the equipment, repair, maintenance and
replacement services or supplies described in this Section, after notice from ARAMARK to do
so, ARAMARK may, in its discretion and at its option, choose to provide, and bill the County
for, such equipment, repair, maintenance and replacement services or supplies. In that event, the
County shall pay for such equipment, repair, maintenance and replacement services or supplies at
the prices billed by ARAMARK. Such prices shall be competitive with the cost of obtaining
such products or services from an independent source in the open market, PROVIDED that
notice must be received by the County a minimum of 15 business days prior to such action.
Notwithstanding the foregoing, to the extent that the equipment item needing repair, replacement
or maintenance is deemed by ARAMARK in its reasonable discretion, integral to the commissary
operation, such 15 day notice period shall be waived by the County.
B. PRODUCT DELIVERY: ARAMARK personnel shall transport such Products
ordered by inmates to inmates. Facilities personnel shall facilitate ARAMARK's ability to
access inmates in their housing units. ARAMARK personnel shall be responsible to deliver
Products returned by inmates to its commissary facility, in a timely manner.
C. FORCE MAJEURE: In the event of Force Majeure, the County shall assist
ARAMARK by permitting reasonable variations in ARAMARK's Product offerings and service
methods. However, ARAMARK shall not be relieved of its responsibility to provide
commissary service under the terms of this agreement, unless specifically relieved by the County
due to a specific event. Additional costs, if any, incurred in providing service in the event of a
Force Majeure shall be borne by the County. The term "Force Majeure" means any war, riot or
other disorder, strike or other work stoppage, fire, flood, or any other act not within the control of
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Operating Agreement —Commissary Services
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the party whose performance is interfered with, and which, by reasonable diligence, such party is
unable to prevent.
D. PRODUCTS: ARAMARK will purchase and pay for all Products utilized in the
commissary service operation. Products shall be the property of ARAMARK. No tobacco
products or produces containing Ethanol will be included in the Product list for sale to inmates or
be stored on -site at either any of the County Corrections facilities.
E. SANITATION: ARAMARK shall be responsible for janitorial service in the
commissary areas under ARAMARK's control, including the kitchen when it is used for the
preparation of cooked/heated commissary products, and the County shall provide janitorial
services for the remainder of the Facilities. The County shall be responsible for extermination
services and the removal of trash and garbage from the commissary service areas; provided that
ARAMARK personnel shall supervise inmate workers who will transport the trash from the
commissary area to the facilities' secure trash dumpsters.
F. PERSONNEL: ARAMARK shall provide on -site management and supervisory
personnel, and from its regional and headquarters locations, expert administrative, purchasing,
equipment consulting and personnel advice and supervision related to commissary services. The
County shall provide inmate workers for commissary services. The number of inmates required
shall be determined by the County liaison and ARAMARK's district manager prior to the
commencement of operations. Such inmates shall be assigned duties in the commissary
operation that may include Product packaging and storeroom functions.
ARAMARK understands that while its employees are not responsible for physical
security within the Facilities, part of their duties include supervising offenders on the floor at all
times. This includes, but is not limited to: making sure that commissary food products are not
tampered with, notes are not placed with commissary items, and that commissary items are not
taken by the inmate workers assisting with filling orders and/or delivery of product. Further,
ARAMARK commissary employees understand that they are to report any problematic inmate
worker behavior to their supervisor and the Corrections Shift Sergeant. Included in the training
provided by ARAMARK for their employees will be, at minimum, the following: Security
policies for the Whatcom County Jail and Work Center, ARAMARK Security Policies, and
recognition, understanding and appropriate responses to offender manipulation (listed as the
H.O.M.E training in the bid documents),
The County agrees to supply ARAMARK with radios to use within the facilities. The
Kitchen, commissary and hallway areas have limited security cameras which are intermittedly
monitored in Central Control, and Deputies will provide immediate response when notified by
ARAMARK staff via radio or an emergency button of a problem or the need for assistance. The
County does not provide a continuous Deputy presence within the confines of the kitchen,
laundry or hallways of either Facility.
The County acknowledges that ARAMARK has invested considerable amounts of time and
money in training its supervisory employees in systems, procedures, methods, forms, reports,
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Operating Agreement —Commissary Services
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formulas, computer programs, recipes, menus, plans, techniques and other valuable information
which is proprietary and unique to ARAMARK's manner of conducting its business and that such
information is available, on a confidential basis, to ARAMARK's supervisory employees.
Therefore, the County agrees that supervisory employees of ARAMARK shall neither be hired by
the County for the term of this Agreement and twelve (12) months thereafter, nor shall the County
permit supervisory employees of ARAMARK to be employed on the County's premises for a
period of twelve (12) months subsequent to the termination of this Agreement (unless such
employees were formerly employees of the County). For the purpose of this prohibition,
"supervisory employees" shall be defined as those persons who have directly or indirectly
performed management or professional services on the County's premises at any time during the
twelve (12) month period immediately preceding termination of this Agreement.
In addition, the County agrees that if it violates the conditions set forth in the immediately
preceding paragraph, then the County shall pay to ARAMARK, and ARAMARK shall accept as
liquidated damages and not as a penalty for such breach, an amount equal to two times the annual
salary of each ARAMARK supervisory employee hired by the County or allowed to work on the
County's premises in violation of the terms of this Agreement.
The County retains the right to thoroughly investigate any current or prospective
employees assigned to the Facility, subject to applicable Federal, state and local laws and
regulations, including but not limited to, the Federal Polygraph Protection Act, as amended. The
County retains the rights to require all new employees be approved for jail access in advance of
their first day of work, provided that every effort will be made on the County's part to expedite
such approval. The County also retains the right to deny access to the jail/work center for any
new or current ARAMARK employee if, in the judgment of the County, allowing the employee
access to the facilities would constitute a danger to the safety, health, and/or security of the
facilities. In the event that facilities access was denied, ARAMARK would be free to choose to
take, or decline to take, personnel action against the employee.
G. NO GUARANTEE OF EMPLOYMENT: The performance of all or part of
this contract by ARAMARK shall not operate to vest any employment rights whatsoever and
shall not be deemed to guarantee any employment of ARAMARK or any subcontractor or any
employee of any subcontractor by the County at the present time or in the future.
H. EQUAL EMPLOYMENT OPPORTUNITY: ARAMARK and the County
mutually agree that they shall not discriminate against any employee or applicant for employment
or on any matter directly or indirectly related to employment, because of race, color, religion,
sex, sexual preference, national origin, physical, veterans status or mental handicap where not
relevant to the job, height, weight, age, marital status, or other criteria made illegal by state or
federal law or the County policy. In addition, ARAMARK agrees to take affirmative steps to
ensure that applicants are employed, and that employees are treated, during employment, without
regard to the criteria listed above.
I. INSURANCE and INDEMNIFICATION: ARAMARK shall provide a
Certificate of Insurance, including necessary blanket additional insured endorsements, which
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shall carry for the duration of this Agreement general liability and property damage insurance
with the following minimums and coverage:
1. Worker's Compensation insurance as required by law.
2. Property Damage per occurrence - $500,000.00.
3. Comprehensive General Liability & Property Damage for bodily injury- $1,000,000.00, to
include, but not limited to the following: premises/operation; personal injury;
products/completed operation, contractual liability with a combined single limit for
bodily injury and property damage of $1,000,000.00.
4. General Aggregate: $2,000,000.00
S. The Certificate of Insurance must provide proof of the following: The Certificate must
identify and name Whatcom County, its elected officers and employees, as an additional
insured on the General Liability policy. This insurance shall be considered as primary.
Any insurance coverage (additional insured or otherwise) that ARAMARK provides for
the additional insureds shall only cover insured liability assumed by ARAMARK in this
Agreement; such insurance coverage shall not otherwise cover liability in connection with
or arising out of the wrongful or negligent acts or omissions of the additional insureds
and shall waive all rights of subrogation. The County insurance shall be noncontributory
Notice of cancellation of any insurance policies required herein shall be subject to
ACORD 25 Certificate of Liability standards, and will be delivered, as applicable, in
accordance with policy provisions.
The County and ARAMARK waive any and all right of recovery from each other for
property damage or loss of use thereof, howsoever occurring. This waiver shall include, but not be
limited to, losses covered by policies of fire, extended coverage, boiler explosion and sprinkler
leakage. This waiver shall not apply to claims for personal injury or death.
ARAMARK 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, caused by the
negligence of ARAMARK, its subcontractors, its successor or assigns, or its agents, servants, or
employees, , and not any injury or damage as shall have been occasioned by the negligence of the
County or its appointed or elected officials or employees. In case of damages caused by the
concurrent negligence of ARAMARK, its subcontractors, its successors or assigns, or its agents,
servants, or employees, and the County, its appointed or elected officers, employees or their
agents, then this indemnification provision is enforceable only to the extent of the negligence of
ARAMARK, its agents, or its employees.
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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.
Each party shall promptly notify the other of any claim for which indemnity is sought,
and shall cooperate fully with the other part in the investigation, defense and settlement of such
claim. The indemnifying party shall have the sole discretion to defend and settle such claims.
J. HAZARDOUS SUBSTANCES; PRE-EXISTING CONDITIONS:
ARAMARK has no duty to investigate, detect, prevent, handle, encapsulate, remove, or dispose
of, and will have no responsibility to the County or others for any exposure of .persons or
property to, asbestos, lead, fuel storage tanks or contents, indoor air pollutants or contaminants,
poor air quality, or hazardous, toxic, or regulated waste substances, toxic mold, , pollutants, or
contaminants (collectively, the "Hazardous Substances") at the Facilities or the surrounding
premises. The County will comply with all applicable federal, state, and local laws and
regulations, which have been or will be enacted during the term of this Agreement, regarding
such Hazardous Substances on the County's premises. The County will inform ARAMARK of
the presence of such Hazardous Substances and acknowledges that ARAMARK employees will
not be required to work in any location where they could be exposed to such Hazardous
Substances. ARAMARK has advised the County that it does not provide or assume any
responsibility to remediate mold, fungi, mildew, indoor air quality or any similar conditions, and
that all determinations and corrective actions regarding mold, fungi, mildew, indoor air quality
and any similar conditions shall be made by the County or a third party retained by the County.
ARAMARK personnel will notify the County in those instances where it has actual knowledge of
the presence of or other hazardous substances. In no case will any ARAMARK employee act in
the capacity of a "Designated Person" (within the meaning of the Asbestos Hazard Emergency
Response Act, "AHERA"), which duties remain solely with the County.
ARAMARK will not be responsible for any conditions that existed in, on, or upon the
Facilities before the commencement date of this Agreement ("Pre -Existing Conditions"),
including, without limitation, environmental impairments, and other conditions. The County
shall indemnify and hold harmless ARAMARK, its subsidiaries and affiliated companies, and
their respective directors, officers and employees, against any liability related to, or arising out
of, any defective condition or the presence of Hazardous Substances or Pre -Existing Conditions
on or at the Facilities or the surrounding premises, or the claimed or actual release or threatened
release or disposal of Hazardous Substances from or at the Facilities, to the extent not caused by
the willful misconduct or grossly negligent acts or omissions of ARAMARK, its employees or
subcontractors, including, without limitation, fines, penalties, clean-up costs, or costs of other
environmental remediation measures.
K. COMPLIANCE WITH LAWS: Each party hereto shall comply with all
statutes, lawful ordinances, regulations and requirements, federal, state, and local applicable to
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their activities hereunder. The County shall provide reasonable and adequate physical security at
all times for ARAMARK employees, suppliers, management and other authorized visitors.
L. RETURN OF EQUIPMENT: ARAMARK shall return to the County at the
expiration or on any termination of this Agreement the commissary service areas and all
equipment furnished by the County in the condition in which received, except for ordinary wear
and tear and except to the extent that said premises and equipment may have been lost or
damaged by fire, flood, or other disaster, and except to the extent that said equipment may have
been stolen by persons other than employees of ARAMARK without negligence on the part of
ARAMARK or its employees.
M. LICENSE, FEES, PERMITS, AND TAXES: ARAMARK shall secure and pay
for all federal, state and local licenses, permits and fees required for the commissary services
operation. . ARAMARK, as the commissary services retailer, shall be responsible for the
collection and remittance of all applicable sales, use, excise and state and local business and
income taxes attributable to the commissary operation and the sales of Products.
2. FINANCIAL ARRANGEMENTS:
A. COMMISSARY SERVICES: ARAMARK shall process orders for Products
from inmates in accordance with ARAMARK's standard procedures. The County shall be
responsible to collect, record and make disbursements from inmate commissary accounts for
purchases of such Products; provided, however, that ARAMARK shall have access to each
inmate account solely for the purpose of verifying that there are sufficient funds in such account
to cover a Product order placed by such inmate, including but not limited to, any sales, use or
other taxes related thereto. ARAMARK and the County may elect to alter the procedures used to
debit the inmate commissary account as the CORF, system is put into place in the County. Those
procedures will be revised and authorized upon mutual agreement of both parties prior to such
changes being instituted.
ARAMARK shall determine the prices at which Products shall be sold. If
ARAMARK sustains increases in its costs, including but not limited to, increases in its Product,
labor or equipment or software -related costs, ARAMARK may increase its prices to recover such
increased costs. Additionally, ARAMARK may, at its discretion perform a price audit to
compare the prices at which it sells the Products contemplated by this Agreement with the prices
at which similar products are being sold in retail outlets in the surrounding community
("Comparable Retail Values"). In the event that any of ARAMARK's prices are below the
Comparable Retail Values, the parties shall agree to increase such prices under this Agreement to
reflect the Comparable Retail Values. PROVIDED that written notification is made to the
County ten (10) working days prior to instituting the increase. ARAMARK shall submit to the
County on the first day of every week, for the preceding week, an invoice for total Gross Sales of
Products made during such week, and other goods or services provided by ARAMARK during
such week, if any. The term "Gross Sales" shall mean total commissary sales (including, but not
limited to, all Product sales, including Ware, Connect Mobile, and Fresh Favorites, sales of
stamps and pre -stamped envelopes, and Indigent Product sales) plus any sales or use taxes. For
Operating Agreement —Commissary Services
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purposes of this Agreement, a sale shall be deemed made when a Product ordered by an inmate is
delivered to the inmate, and the Product is not returned. For purposes of this Agreement, all
sales are final and no returns will be honored unless the inmate who ordered a Product refuses
delivery of such Product at the time such Product is delivered or unless an inmate is released
prior to such delivery, and fails to claim such Product within seventy-two (72) hours after
release.
ARAMARK will sell Indigent Products to Indigent inmates. Prices for Indigent
Produce are included in Exhibit B, attached. ARAMARK will, on each day they sell Indigent
Products, FAX a copy of the sales list to the County's designee so that attempts may be made to
re -coup costs from the inmate's trust fund account. In the event ARAMARK fails to FAX the
list to the designee on the day of sales, and inmate(s) on the list is/are released with funds prior to
the list being FAX'd, ARAMARK will be responsible for the cost of the Indigent Products.
B. COMMISSARY COMMISSIONS: ARAMARK shall pay to the County a
commission in an amount equal to Thirty -Eight percent (38%) of Net Sales of all Products Net
Sales for purposes of this agreement shall mean total Gross sales of all commissary items,
including Icare, Connect Mobile, and Fresh Favorites, less sales and use taxes, stamps and pre -
stamped envelopes, Indigent Products, and authorized returns. ARAMARK guarantees that the
annual commission amount paid to the County shall be no less than $140,000 per year, regardless
of the amount of Product sales. If the total annual Product sales results in a commission amount
in excess of $140,000, ARAMARK shall utilize the 38% commission rate to calculate the
amount in excess of $140,000 owed to the County. Payment of the commission to the County
will be as described in section 3. At the end of the year, ARAMARK will review the total
amount of commission paid to the County. If there remains any amount owing to the County for
the guaranteed minimum commissary amount, ARAMARK shall deliver a check to the County
within fifteen (15) days after the end of each year with any balance owing. . .
C. ADDITIONAL SERVICES: Food, beverage and other services required by the
Facilities outside the scope of this Agreement shall be provided by ARAMARK upon written
authorization by the County and/or Sheriff at mutually agreed upon prices for such services.
D. FRESH FAVORITES. ARAMARK shall implement its Fresh Favorites
program. Fresh Favorites shall be considered as `Product" for purposes of Gross and Net sales of
commissary items and included in the calculations used to determine commission payments to
the County. ARAMARK shall determine the prices at which Fresh Favorites items shall be sold.
If ARAMARK sustains increases in its costs, including but not limited to, increases in its
product, labor or equipment costs, ARAMARK may increase its Fresh Favorites prices to recover
such increased costs. No returns shall be accepted unless the inmate, who ordered a product, is
released prior to such delivery. All sales shall be deemed made when a Fresh Favorite item
purchased by an inmate is delivered.
E. WARE: ARAMARK shall implement its iCare program at the Facility. Items
sold as part of the iCare program shall be considered as "Product" for purposes of Gross and Net
Sales of commissary items and included in the calculations used to determine commission
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Operating Agreement —Commissary Services
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payments to the County. ARAMARK shall determine the prices at which iCare items shall be
sold. If ARAMARK sustains increases in its costs, including but not limited to, increases in its
product, labor or equipment costs, ARAMARK may increase its iCare prices to recover such
increased costs. No returns shall be accepted unless the inmate, who ordered a product, is
released prior to such delivery. All sales shall be deemed made when an iCare item purchased is
delivered to the inmate.
F. MOBILE CONNECT: ARAMARK shall continue its Mobile Connect service
at the Facilities. Items sold as part of the Mobile Connect program shall be considered as
"Product" for purposes of Gross and Net Sales of commissary items and included in the
calculations used to determine commission payments to the County.
3. ACCOUNTING:
A. MANNER OF PAYMENT: ARAMARK shall bill the County on a weekly
basis for Gross Sales made during the immediately preceding week, together with any additional
services provided during such week. Additionally, ARAMARK will submit a commission
invoice at the same time as the bill, showing the commission amount on the Product sales as
described in 2(B). The amount of the commission to be paid to the County will be deducted
from the Gross Sales bill and the balance of the bill paid to ARAMARK. Payment shall be made
by check payable to ARAMARK Correctional Services LLC within thirty (30) days after the
invoice date. Such payments shall be sent to:
ARAMARK Correctional Services, LLC
P.O. Box 406019
Atlanta, Georgia 30384-6019
(Payments only shall be sent to this address, all other correspondence shall be sent to the
address set forth in Section 1 hereof.) If any invoices are not paid within forty-five (45) days of
the invoice date, interest shall be charged on each invoice at One Hundred Twenty -Five Percent
(125%) of the Prime Interest Rate per annum on the unpaid balance (or in the event local law
prohibits the charging of such rate, interest shall be charged at the maximum legal rate permitted),
computed from the invoice date until the date paid. The term "Prime Interest Rate" shall mean the
interest rate published in The Wall Street Journal as the base rate on corporate loans posted by at
least Seventy -Five Percent (75%) of the thirty (30) largest U.S. commercial banks, such rate to be
adjusted on the last day of each ARAMARK accounting period.
The right of ARAMARK to charge interest for late payment shall not be construed as a
waiver of ARAMARK's right to receive payment of invoices within thirty (30) days of the invoice
date. In the event that ARAMARK incurs legal expense in enforcing its right to receive timely
payment of invoices, the County agrees to pay reasonable attorney's fees and other costs.
ARAMARK shall provide the County with a comprehensive monthly summary of Gross
Sales, services and credits. This summary shall be forwarded to the County Administrator or his
designee each month.
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4. MATERIAL ADVERSE CHANGE: The financial arrangements in this Agreement are
based on conditions existing as of the Effective Date including any representations regarding
existing and future conditions made by County in connection with the negotiation and execution
of this Agreement. If such conditions change due to causes beyond ARAMARK's control,
including, but not limited to, a change in the scope of ARAMARK's services; menu changes; a
substantial decrease in the Facilities' inmate population or the availability of inmate labor; efforts
to organize labor; increases in fuel, equipment, utilities and supply costs; Federal, State and local
sales, and other taxes and other operation costs; a change in Federal, State and local standards,
requirements recommendations, and regulations or other unforeseen external market conditions
outside ARAMARK's control, then ARAMARK shall give County written notice of such
increase or change, and within thirty (30) calendar days after such notice, ARAMARK and
County shall mutually agree upon modification(s) to offset the impact of the increase or change,
which modifications may include any or a combination of the following: an adjustment to
ARAMARK's commission, modifications to Product offerings, changes to Product pricing or
modifications to ARAMARK's scope of services.
5. PHONE SERVICE PROVIDERS: In the event that there is a change in the phone
service provider used at the Facilities or in the process by which phone cards or phone time is
sold to inmates, the County shall be responsible for the cost or shall cause the phone service
provider to be responsible for the cost of the following: (1) any software development required
by the change; (2) system integration; (3) use of ARAMARK hardware and software to sell
phone service; and (4) any other cost incurred by ARAMARK, including but not limited to
increased costs for labor, handling, and reporting.
6. ACCESS AND RECORDS: ARAMARK will maintain accurate books and records in
connection with commissary service operations and shall retain such records for thirty-six (36)
months after the close of the federal fiscal year (October 1, through September 30). Books and
records connected to the Commissary service operations shall be available for audit by the
County or State of Washington at any time.
7. TERM OF AGREEMENT: The initial term of this Agreement shall commence on
January 1, 2014, and shall continue through December 31, 2014. By mutual agreement, the term
of this Agreement may be renewed for five (5) additional years, for a total of 6 years.
8. TERMINATION:
A. TERMINATION FOR CONVENIENCE: Either party may terminate this
Agreement for convenience, at any time during the term or any renewal or extension, upon ninety
(90) days notice to the other party.
B. TERMINATION FOR DEFAULT: Either party may terminate this Agreement
upon a breach or default of this Agreement by the other party, which is not cured within thirty
(30) days after receipt by the defaulting party of a notice from the non -defaulting party,
specifying the nature of such breach or default.
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C. CONSEQUENCES OF TERMINATION: If this Agreement is terminated
under any circumstances, the County shall pay ARAMARK for all commissary, and other
services, provided by ARAMARK to and including the date of termination, at the rates and
within the payment periods set forth in this Agreement. The County's obligation to pay for
commissary services provided shall survive the termination or expiration of this Agreement.
9. NOTICE: All notices or other communication hereunder shall be deemed to be duly
given when made in writing and delivered in person or deposited in the United States mail,
postage prepaid, certified mail, return receipt requested and addressed to the party at its
respective address first set forth above, or such other address as it may designate, by notice given
as aforesaid.
10. CONFLICTS OF INTEREST: ARAMARK covenants that it presently has no interest
and shall not acquire any interest, direct or indirect, which would conflict in any manner or
degree with performance of this Agreement and no person having any such interest shall be
employed. In addition, no officer, agent or employee of the County and no member of its
governing body shall participate in any decision relating to this Agreement which affects his/her
personal interest or any corporation, partnership, association which he/she is directly or indirectly
interested or has any personal or pecuniary interest.
11. CONFIDENTIAL INFORMATION: All financial, statistical, operating and personnel
materials and information, including, but not limited to, software, technical manuals, recipes,
menus and meal plans, policy and procedure manuals and computer programs relative to or utilized
in ARAMARK's business (collectively, the "ARAMARK Proprietary Information") are and shall
remain confidential and the sole property of ARAMARK and constitute trade secrets of
ARAMARK. The County shall keep all ARAMARK Proprietary Information confidential and shall
use the ARAMARK Proprietary Information only for the purpose of fulfilling the terms of this
Agreement. PROVIDED that information provided the County in ARAMARKS bid documents as
the result of the RFP for these services became the property of the County and, as such, falls under
the Public Records Act of Washington State. As such any information contained within the bid
documents is subject to release to any public or private person/entity. Notwithstanding the
foregoing, to the extent the County receives a Public Records request for ARAMARK's bid
documents, prior to disclosing any such information, County shall advise ARAMARK of such
request and provide ARAMARK with an opportunity to explain why such information should be
exempt from disclosure pursuant to the Public Records Act of Washington State.
ARAMARK, its employees, subcontractors, and their employees shall maintain the
confidentiality of all information provided by the County or acquired by ARAMARK 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. ARAMARK shall
immediately give to the County notice of any judicial proceeding seeking disclosure of such
information. Aramark 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 ARAMARK's breach of this provision.
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12. ASSIGNMENT: ARAMARK may not assign this Agreement without the County's
prior written consent (not to be unreasonably withheld, 'conditioned or delayed), except that
ARAMARK may assign this Agreement, in its sole discretion, to any of its affiliates without any
consent being required. The term "affiliate" means any corporation, limited liability company or
any other person controlling, controlled by or under common control with, ARAMARK.
13. PRESS RELATIONS: ARAMARK shall coordinate with the County Sheriffs Office
on any and all press or media releases concerning services for the Whatcom County Jail and/or
Work Center.
14. INDEPENDENT CONTRACTOR: ARAMARKS services shall be furnished by
ARAMARK 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
ARAMARK as an independent contractor.
ARAMARK acknowledges that the entire compensation for this Agreement is specified
as described herein this contract and that ARAMARK 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. ARAMARK
represents that lie/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.
15. ENTIRE AGREEMENT: This Agreement represents the entire agreement and
understanding between the County and ARAMARK and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both the County and ARAMARK.
16. SEVERABILITY: If any provision hereof or the application thereof to any person or
circumstance is held to any extent, to be void, invalid or unenforceable, the remainder of this
Agreement, and the application of such provision to other persons or circumstances, shall not be
affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.
17. WAIVER: The failure of ARAMARK or the County to exercise any right or remedy
available under this Agreement upon the other party's breach of the terms, covenants and
conditions of this Agreement or the failure to demand the prompt performance of any obligation
under this Agreement shall not be deemed a waiver of such right or remedy; or the requirement
of punctual performance; or of any subsequent breach or default on the part of the other party.
Operating Agreement —Commissary Services
Whatcom County and Aramark
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310
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their
duly authorized representatives as of the day and year first above written.
ARAMARK Correctional Services, LLC WHA
Mark R. Adams, Vice President Finance
Approved as to Form:
I Zit :3
Prosecuti gttorney DATE
STATE OF WASHINGTON )
) SS
COUNTY OF WHATCOM )
LiqIl 13
D TE
Approved for Whatcom County:
BY:
Jack Louws, Whatcom County Executive
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 an for the State of Washington, residing at
My Commission expires
CONTRACTOR INFORMATION:
ARAMARK Correctional Services, LLC
Address:
Aramark Tower
1101 Market Street
Philadelphia, PA 19107
Attn: Kristin Blackman
Contact Name: Mark Williamson, District Manager
Contact Phone: (206) 799-2909
Contact Fax: (206) 860-4273
Contact Email: Williamson-mark@aramarlc.com
13
Operating Agreement —Commissary Services
Whatcom County and Aramark
311
EXHIBIT A: WHATCOM COUNTY CORRECTIONAL FACILITY
ITEM
PRICE
QTY
ITEM
PRICE
QTY
ITEM
PRICE
BEVERAGES
FRESH FAVORITES
HEALTH & BEAUTY
211
30Z REGULAR COFFEE
$4.29
4728
ANGUS CHEESE BURGER COMBO
S 7.99
101
ANTI FUNGAL CREAM
4.99
210
COFEE FRENCH VANILLA
$4.79
4724
EXTREME BONELESS WINGS COMBO
$ 799
102
COMB
0.39
204
DRINK MIX CHERRY
$0.59
4730
PHILLY CHEESESTEAK COMBO
$ 799
103
CONDITIONER
2.99
205
DRINK MIX FRUIT PUNCH
$0 59
4735
MEATBALL GRINDER COMBO
$ 7.99
104
DANDRUFF SHAMPOO
2.99
206
DRINK MIX ICED TEA
$0.59
4731
XTREM GRILLED CHES BAC DBL BURG
$10.99
105
DEODORANT MEN
4.49
207
DRINK MIX LEMONADE
$0.59
4719
PEPPERONI PIZZA
$ 5.99
106
DEODORANT WOMEN
4.49
208
DRINK MIX ORANGE
$0.59
4718
CHEESE PIZZA
$ 5.99
107
HAIR STYLING GEL
2.99
209
DRINK MIX HOT CHOCOLATE
$0.69
605
CUP OF CHILI
$ 1.99
108
EFFERDENT
0.29
200
STARBUCKS SINGLES
$1.09
4732
CHILI TOTS
$ 249
109
EFFERGRIP
5.39
601
FRESH BAKED COOKIES (DZ)
S 4.99
110
HAIR BRUSH
2.79
606
CHOCOLATE MILK PINT
$ 2.09
I I I
HAIR PICK
0.99
CANDY
608
SODA POP
$ 1.59
112
HAIR TIES
079
403
BUTTERFINGER
$1.29
705
HARD TIME MUG
S 3.29
113
HALLS COUGH DROP
1.79
420
HERSHEY ALMONDS
$1.29
114
LIP BALM
2.69
407
M&M PEANUT
$ 1 29
SNACKS
115
LOTION
299
408
M&M PLAIN
$ 1.29
562
TUNA
$ 2.59
116
MOUTHWASH
2,99
409
MILKYWAY
$1 29
501
HOT DILL PICKLE
$ 1.59
117
POMADE
2.89
406
KIT KAT
$1.29
502
O'BRIENS BEEF & CHEESE STICK
$ 1.09
118
SHAMPOO
2.99
413
REESES PEANUT BUTTER CUP
$1 29
507
SUMMER SAUSAGE
$ 309
119
SOAP LEVER 2000
2.09
412
REESES FAST BREAK
$1.29
561
O'BRIENS BEEF STICK
S 1.09
120
SOAP IRISH SPRING
2.09
414
SNICKERS
$ 1 29
522
SUNFLOWER SEEDS 3.5 ounce
$ 3.99
126
MEDICATED SOAP
2.99
414
SNICKERS ALMONDS
$1 29
712
SOZ NACHO RICE & BEANS
$ 3.59
121
SOAP DISH HOLDER
1.09
416
STARBURST
$1 29
713
8OZ INSTANT REFRIED BEANS
$ 3.59
122
TOOTHBRUSH
0.49
418
THREE MUSKETEERS
$1 29
714
FLOUR TORTILLA PACK (DZ)
$ 2.59
123
TOOTHPASTE LARGE
2.89
097
ROLOS
$1 29
350
RAMEN SOUP BEEF
$ 0.89
124
TUMS/ROLAIDS
1.59
096
HOT TAMALES
$1 29
354
RAMEN SOUP CAJUN CHICKEN
S 0.89
125
TYLENOL (5 PACKAGE LIMIT)
1.09
402
TWIX
$1 29
352
RAMEN SOUP PICANTE BEEF
$ 0.89
GENERAL MERCHANDISE / POSTAGE
423
STARLI'1'E MINTS
$1.49
353
RAMEN SOUP CHILI
$ 089
901
STAMP
0.45
415
SOUR PATCH KIDS
$1 59
098
RAMEN SOUP LIME CHILI SHRIMP
$ 0.89
902
STAMPED ENVELOPE
0.79
411
RED VINES
$1.59
506
SALTINE CRACKERS
$ 3.09
701
MANILLA ENVELOPE 9X12
0.39
419
GUMMY BEARS
$1 59
513
SNACK CRACKERS
$ 3.09
702
COLORED PENCILS
4.09
401
ATOMIC FIRE, BALLS
$ 1 49
301
CHEDDAR CHEESE SQUEEZER
S 0.99
703
DICTIONARY
2.99
405
JOLLY RANCHERS
$1.49
302
JELLY SQUEEZER
$ 0.59
704
EARPLUGS
0.59
404
BUTTERSCOTCH DISKS
$1 49
304
JALAPENO CHEESE SQUEEZER
$ 0.99
705
HARD TIME MUG
3.29
504
SWEET & SOUR BALLS
$1.49
305
KETCHUP PACKETS (5EA)
$ 0.59
706
PEN
0.49
417
LEMON HEADS
$1 49
306
MUSTARD PACKETS (5EA)
$ 0.59
707
PENCIL WITH ERASER
0.69
778
ROOTBEER BARRELS
$1.49
308
SALAD DRESSING PACKETS (5EA)
$ 0.59
708
PINOCHLE CARDS
2.99
424
FIRE JOLLY RANCHERS
$1 49
307
PEANUT BUTTER SQUEEZER
$ 0.99
709
PLAYING CARDS
2.99
512
CHILI PICANTE CORNNUTS
$ 1.89
710
WRITING TABLET
1.99
750
CHECKERS SET
7.79
COOKIES / PASTRIES
CHIPS
751
CROSSWORD PUZZLE
4.49
555
APPLE BEAR CLAW
$1.49
452
CHEETOS REGULAR
$ 1.09
752
DOUBLE SIX DOMINOES
4.29
551
CHERRY BEAR CLAW
$1 49
467
CHEETOS FLAMIN HOT
$ 1.09
753
WORD FIND PUZZLE BOOK
4.49
552
CHOCOLATE CUPCAKE
$1 49
715
CHEETOS JALAPENO
$ 1.09
711
GREETING CARDS
2.09
498
TEXAS CINNAMON ROLL
$1.39
456
DORITOS NACHO CHEESE
$ 1.09
CARDS AVAILAEE(C/RCLR CNO/CO
550
GEM DONUTS
$1.39
453
DORITOS COOL RANCH
$ 1.09
LOVE, THANK YOU, MISS YOU, BIRTHDAY
557
ICED HONEY BUNS
$1.49
463
CHILI FRITOS
$ 1.09
ADULT OR KID
554
COOKIE DUPLEX
$1.39
455
TIMS JALAPENO CHIPS
$ 1.09
CLOTHING
559
COOKIE PEANUT BUTTER
$1 39
461
HOT PORK SKINS
$ 1.09
801
BOXERS SM MED LG XL 2XL 3XL
5.59
499
COOKIE OREO CREMES
$1.19
451
LAY'S BBQ CHIP
$ 1.09
802
BRAS 32 34 36 38 40 42 51)
6.59
556
GRANOLA BAR
$0 99
444
L.AY'S SOUR CREAM & ONION CHIP
$ 1.09
803
PANTIES 6 7 8 10 12
3.49
503
BBQ CORN CHIPS I OOZ
$ 3.19
804
SHOWER SHOES SM MED LG XL
2.19
440
HOT & SPICY CORN CHIPS
$ 3.19
805
SOCKS
1.99
806
SWEATPANTS SM MED LG XL 2XL
1259
807
SWEATSHIRT SM MED LG XL 2XL
12.59
808
UNDERSHIRT MED LG XL 2XL 3XL
5.99
909
WASHCLOTH
1.09
312
Exhibit B
Indigent Kit $2.69 each
Writing Paper - 4 Sheets
Golf Pencil —1 ea
3 oz Shampoo & Cond. — 2 ea
.6 oz Tooth Paste —1 ea
Stamped Envelopes 2 ea
We deliver a toothbrush once a month @ $.49 each
313
WHATCOM COUNTY CO UNCIL AGENDA BILL NO. 2 013-4 2 5
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
TWH
11125113
12110113
Finance
Originator:
[' I.)
Council
Division Head:
Dept. Head:
DEC 03 2013
�j
Prosecutor:
w-
dl3�e'/'i3
WHATCOM COUNTY
Purchasiudget:
C U U L
Executive:
TITLE OF DOCU
Joint Lease Agreement between Port of Bellingham, City of Bellingham and Whatcom County for the purposes of
housing an Emergency Operations Center.
ATTACHMENTS. 1. Memos
2. Lease Agreement
SEPA review required? ( ) Yes ( x ) NO
Should Clerk schedule a hearing ? ( ) Yes (x ) NO
SEPA review completed? ( ) Yes ( x ) NO
Requested Date:
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is 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 authorization for the Executive to enter into a joint lease agreement with the City of Bellingham and the Port of
Bellingham for the purposes of opening an Emergency Operations Center.
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.
314
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
..01 O®i
Originating Department:
Executive Office
Contract or Grant Administrator:
County Executive Designee
Contractor's / Agency Name:
Port of Bellingham
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑
Yes® No ❑ If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes ❑ No ❑
Is this a grant agreement?
Yes[] No ® If yes, grantor agency contract number(s) CFDA #
Is this contract grant funded?
Yes ❑ No ® If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes ❑ No ❑ If yes, RFP and Bid number(s) Cost Center:
Is this agreement excluded from E-Verify? No ❑ Yes ❑ If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
® Interlocal Agreement (between Govt's) El Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$100,000
• Bid is more than $40,000.
This Amendment Amount:
• Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope: Lease agreement for the provision of an Emergency Operations Center located at the Airport
Industrial Park.
Term of Contract: 10 lear-5
Expiration Date:
Contract Routine Stevs & Signoff Sign or Initial Indicate date transmitted
1. Prepared by:
Date:
2. Attorney reviewed:
Date:
t 13. f
3. AS Finance reviewed: A-e—
Date:
12 A ?3
4. IT reviewed, if IT related:
Date:
5. Corrections made:
Date:
6. Attorney si noff.
Date:
7. Contractor signed:
Date:
8. Submitted to Exec Office:
Date:
9. Council Approved if required):
Date:
10. Executive si ed:
Date:
11. Contractor original returned to Dept.:
Date:
12. County original to Council:
Date:
Last Edited 7/24/13
315
WFIATCOM COUNTY r�_
EXECUTIVE'S OFFICE `_<
County Courthouse�
311 Grand Avenue, Suite #108
Bellingham, WA 98225-4082
MEMO:
TO: Whatcom County Council
DATE: November 25, 2013
FROM: Jack Louws, County Executive
Jack Loms
County Executive
RE: Joint Lease Agreement for the purposes of opening an Emergency
Operations Center (EOC)
Background and Purpose:
Earlier this year, local representatives from the Executive's Office, City and County
Emergency Management, fire and police agencies, and the Port of Bellingham
developed a joint work committee to discuss the facility deficiencies and our local ability
to adequately respond and recover from a natural or man-made disaster. The most
critical deficiency in the county was the lack of a functional emergency operations
center, or EOC. Our current ability to quickly assemble an EOC is hampered by
locating adequate space that could properly function as an EOC for local, state and
federal responders. Current identified locations include various small conference
rooms, spread throughout the County. These limited options would easily be
overwhelmed by potential disasters. The County experienced such deficiencies during
the pipeline rupture/fire in 1999, the county -wide flooding in 2009, and the Port of
Bellingham's marina fire in 2012.
The County and other responders experienced the benefits of an appropriate EOC
facility during the 2010 Winter Olympics with the creation of the Olympic Coordination
Center (OCC). The center proved to be an effective facility which enabled local, state,
and federal entities to collaborate on emergency incidents and planned events, such as
joint exercises and training for large groups. The Federal government made a
substantial investment in the OCC property for use as an Emergency Operations
Center. Following the Olympic Games they abandoned the building and left the
investment within the Port owned building.
The Port of Bellingham owns the OCC facility located in a portion of the building at the
Airport Industrial Park. The County, the Port and -the City desire to co -locate and utilize
the facility as an Emergency Operations Center for unified emergency operations. The
Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) A14§55
three Parties will partner on a 10 year lease and Interlocal agreement to share the
space and the cost for the facility previously housing the OCC.
Together the parties will develop collaborative uses for the building, including fire
response, law enforcement response, emergency communications, 911 call receiving
and consolidated public safety dispatch, emergency operations, and their ancillary
public safety activities. Initial phase of this collaboration is the relocation of the
County's Division of Emergency Management and the City of Bellingham's Emergency
Management operations to the EOC. The Partners are working with major industrial
operations in our county (oil refineries and shipping companies) to provide use of the
space for exercises, training and emergency response. The County and City together
with What -Comm will analyze and plan for the co -location of all emergency
communication centers. This work will proceed during the next budget biennium with
projected completion and implementation in 36-48 months.
Funding Amount and Source:
The term of this Agreement shall be for ten (10) years beginning January 1, 2014;
provided, however, the County and the City shall have the right to terminate this
Agreement prior to the end of -the fourth year by providing not less than six months
written notice. For the First three years of the agreement the County and the City shall
each pay $67,106 per year. Thereafter, and throughout the initial term the Use
Payment shall escalate annually using the Consumer Price Index (CPI) not to exceed
3% annually. The County and City shall have the right to renew this agreement for two
additional consecutive 10 year periods.
The Port, the County, and the City shall share equally in 1/3 shares of any roof repair or
replacement during the term of the lease. The County and City shall be responsible for
all maintenance and repair of the facility and all improvements thereon and all utilities
and services required for their use of the facility. The Port shall be responsible for any
structural repairs, such as foundations, walls and floor structures. The lease includes
provisions for substantial and adjacent parking made available during major events.
The County and the City retain a right to purchase the building during the term of this
agreement based on terms described in the lease. The County will provide the lease
and utility costs through the Non -Departmental budget of the General Fund.
317
FINAL 11-22-13
INTERLOCAL AGREEMENT
FOR THE
EXCLUSIVE USE OF THE
SPECIAL PURPOSE FACILITY
AT THE
AIRPORT INDUSTRIAL PARK
WO C
CONTRACT NO.
This INTERLOCAL AGREEMENT (the "Agreement") is made and entered into this
day of December, 2013, by and between the PORT OF BELLINGHAM, a municipal
corporation (the "Port"), the CITY OF BELLINGHAM, a Washington City, and WHATCOM
COUNTY, a Washington county. The City of Bellingham and Whatcom County are collectively
referred to herein as the "Users."
WHEREAS, the Port owns the Special Purpose Facility located in a portion of a building
located at the Airport Industrial Park that is depicted on Exhibit "A" (the "SPF");
WHEREAS, the SPF has previously been used by the federal government as an
emergency operations center for the 2010 Winter Olympics and therefore is configured for use
as an emergency operations center;
WHEREAS, the Users have statutory responsibilities to manage emergency responses
within their respective jurisdictions;
WHEREAS, the Port, City and County partnership reflects the community interest; and
WHEREAS, the Users desire to utilize the SPF as an emergency operations center for
their respective emergency operations; and
WHEREAS, the Port is obligated to ensure that the use of the SPF is consistent with the
Grant Assurances for Airport Sponsors as contained in the Code of Federal Regulations.
NOW THEREFORE, and in consideration of the mutual promises and covenants
contained herein the parties agree as follows:
1. PREMISES: The Port does hereby grant to the Users, jointly and severally, the exclusive
use and possession of that portion of the building comprising the SPF portion of the building and
associated improvements (the "Improvements") and the underlying real property described as
Lease #25 of the Bellingham International Airport Binding Site Plan described in Exhibit "A"
(the Improvements and the real property are collectively the "Premises"). The Premises consist
of an agreed exclusive use area of approximately 24,854 square feet in the SPF building and
associated exterior spaces designated by Port as depicted on Exhibit "A" (the "Agreed Exclusive
Use Area").
2. TERM: The term of this Agreement ("Term") shall be for ten (10) years beginning
January 1, 2014 ("Commencement Date"), provided, however, the Users shall have the right to
INTERLOCAL AGREEMENT FOR THE
USE OF THE SPECIAL PURPOSE FACILITY
PAGE-1
HE:
FINAL 11-22-13
terminate this Agreement up to the end of the fourth year of the initial term of this Agreement by
providing not less than six (6) months prior written notice to the Port of the Users intent to
terminate this Agreement.
2.1 If the Users take possession of the Premises before the Commencement Date, it is
understood and agreed that there shall be no Use Payment charged to allow the Users to
prepare the Premises for occupancy; provided, however, the Users shall pay all utilities and
services and any other costs associated with early possession. This Agreement shall be in full
force and effect should the Users take possession before the Commencement Date.
2.2. Subject to the terms and conditions herein, Users shall have the right to renew this
Agreement for two (2) consecutive ten (10) year periods by giving written notice of such intention
to the Port (or any successor in interest) at least one -hundred twenty (120) days prior to the
expiration of the term of this Agreement or any renewal thereof. The Users shall not be entitled
to renew this Agreement unless the Users are in good standing in regard to the Agreement at
the time of renewal. The terms and conditions of any renewal shall be the same as set forth in
this Agreement, except that the Use Payment (as defined below) shall be renegotiated between
the Port and the Users.
3. USE PAYMENT: The term "Use Payment," as used herein means the annual payment
made by the Users to the Port, which will be made quarterly in advance.
3.1. The Use Payment shall be One Hundred Thirty -Four Thousand Two Hundred
Eleven and 60/100 Dollars ($134,211.60).
3.2. The Use Payment shall remain fixed for the first three (3) years of the
Agreement beginning January 1, 2014, and shall thereafter be adjusted annually using the
Consumer Price Index (CPI) for all Urban Consumers published by the United States
Department of Labor, Bureau of Labor Statistics for the Seattle -Metropolitan area (the "Index").
The Index used shall be that published for the nearest period preceding the annual Anniversary
Date of the previous year compared to the Index published for the nearest period preceding the
Anniversary Date for which the adjustment is being determined. The percentage change from
the earlier Index to the later Index shall be multiplied by the Use Payment for the previous year
and the result added to that rate to arrive at the adjusted Use Payment which shall apply to the
following year, except in no event shall the Use Payment be less than the original Use Payment
for the preceding year and in no event shall the Use Payment increase by more than three
percent (3%) per year.
3.3. The Use Payment by the Users to the Port is exempt from Washington State
Leasehold Excise Tax.
3.4. The Users and the Port have determined that the Use Payment taken together with
the other promises and covenants contained herein constitutes "true and full value."
4. USE OF PREMISES: The Users shall use the Premises as an emergency operations
center, including fire response, law enforcement response, emergency communications,
INTERLOCAL AGREEMENT FOR THE
USE OF THE SPECIAL PURPOSE FACILITY
PAGE-2
319
FINAL 11-22-13
emergency operations, and their ancillary public safety activities, and for no other purpose
without the written consent of the Port, which will not be unreasonably withheld, conditioned or
delayed.
4.1. The Users may allow the use of the SPF by others for emergency operations.
4.2. Notwithstanding the foregoing described use, the Premises shall not be used to
store, distribute or otherwise handle flammable or dangerous materials, excepting only those
that are necessary to conduct the authorized use. At the request of the Port, Users shall provide
a list of all flammable or dangerous materials stored or used on the Premises.
5. CONDITION OF PREMISES. The Users accept the Premises, including all existing
Improvements thereon, "as is" without further liability for maintenance or repair on the part of the
Port, and is not relying on any representations of the Port as to the condition, suitability, zoning
restrictions, or usability, except as specifically noted herein. The Users shall keep the Premises
and all Improvements thereon continually in good condition throughout the term of this
Agreement and all renewals. Users shall not allow any portion of the Improvements on the
Premises to remain in a damaged, unworkable or other condition that would compromise the
condition of any portion of the Improvements. The Users further agree to maintain the exterior
appearance of all Improvements during the term of this Agreement in as good condition as it
exists on the Commencement Date of the Agreement, reasonable wear and tear excepted.
5.1 The parties hereto recognize that a previous tenant modified the Premises by
creating an upstairs area that is not permitted and is not usable without obtaining permits from
Whatcom County. The Users are under no obligation to improve such upstairs area.
5.2. The Port and the Users upon joint agreement as to timing, necessity and
procurement process shall share equally in one-third shares for any roof replacement or repair.
The estimated useful life of the existing roof is 10 years from the date of this Agreement.
5.3. The Users shall be solely responsible for all costs associated with installation of
telecommunications equipment or interior improvements.
6. IMPROVEMENTS BY USERS. Subject to obtaining the Port's written approval as
hereafter described, the Users may make and install, at their own expense, such improvements
("Tenant Improvements") as are normal and customary in connection with the uses authorized
herein. The Users shall submit plans to and obtain written approval from the Port before
commencing any improvements. The Port shall have a reasonable period of time to review such
plans prior to issuing a decision. All Tenant Improvements that are to be designated fixtures
shall be so designated by the Port and Users upon the Port's approval of the plans for such
improvements. All Tenant Improvements shall conform to the requirements of the Americans
With Disabilities Act, 42 USC 12101 et sec and the Rules, Regulations and Minimum Standards
for the Bellingham International Airport.
6.1. Prior to the conclusion of this Agreement, the Users shall remove the following from
the Premises: all Users' equipment, personal property, and Improvements not designated as
INTERLOCAL AGREEMENT FOR THE
USE OF THE SPECIAL PURPOSE FACILITY
PAGE - 3
320
FINAL 11-22-13
fixtures. If any of the foregoing items not designated as fixtures are not removed from the
Premises by the conclusion of the Agreement the Port shall first notify the Users of the need to
remove and dispose of such items at the Users' expense_ Reasonable notice shall be provided
by the Port to the Users who shall respond in a reasonable time.
7. MAINTENANCE AND REPAIR OF PREMISES: Except as provided in this Agreement
related to (i) a casualty loss set forth in Section 11.1, (ii) roof repair or replacement set forth in
Section 5.2 and (iii) for structural repairs set forth in Section 7.1, maintenance and repair of the
Premises and all Improvements thereon, including for the damages caused by Users or their
agents, is the sole responsibility of the Users, including, but not limited to, maintenance and
repair of any damage to the Premises or Improvements thereon from unforeseen or unexpected
events. Without limiting the generality of the foregoing, the Users shall keep and maintain the
Premises and all Improvements thereon in as good condition as they existed on the
commencement of this Agreement, reasonable wear and tear and conditions requiring structural
repairs accepted.
7.1 The Port will be responsible for and shall repair in a timely manner any conditions
that require structural repair. As used in this Agreement, the term "Structural Repair' means the
repair of elements of the Building necessary to hold the Building together, such as, without
limitation, foundations, walls, and floor structures except for structural repair required because of
(i) the Users' failure to perform maintenance or (ii) damage caused by Users, their agents, or any
person or entity on the Premises as a result of the User's activity.
8. UTILITIES: The Users will arrange and pay for all utility connections and services and
distribution of such utilities within its leased Premises. At the conclusion of this Agreement, the
Users shall arrange for such utility services to be terminated and for the final bill to be sent to the
Users. The Users shall be liable for all utility charges that accrue if it fails to so terminate
services.
9. FEDERAL AVIATION REQUIREMENTS: The Users agree that its use of the Premises
will be accomplished in accordance with the following covenants:
9.1. The Users shall prevent any use of the Premises that would interfere with the
landing or taking off of aircraft at the Bellingham International Airport, or otherwise constitute an
airport hazard.
9.2. The Users shall prevent any operation on the Premises which would produce
electromagnetic radiations of any nature which would cause interference with any air
navigational or communications aid now or in the future to be installed to serve the Bellingham
International Airport, or which would create any interfering or confusing light or cause any
restrictions to visibility at the airport.
9.3. The Port retains the public right of flight for the passage of aircraft in the airspace
above the surface of the Premises hereinbefore described, together with the right to cause in
said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter
used for navigation of or flight in said airspace, and for use of said airspace for landing on,
INTERLOCAL AGREEMENT FOR THE
USE OF THE SPECIAL PURPOSE FACILITY
PAGE-4
321
FINAL I1-22-13
taking off from or operating on the Bellingham International Airport.
10. OFF STREET PARKING: The Users shall not rely on any public streets, rights -of -way or
other properties not included in this Agreement for the parking of vehicles. Further, the Users
understand that there are approximately 55 parking spaces with 30 contractually committed to
the adjoining tenant Department of Homeland Security on an as needed basis. There are 27
secured parking spaces inside the Premises; therefore, there are approximately 52 parking
spaces available for the Users' use.
10.1 Further Cooperation for Additional Parking: The parties hereto recognize that the
Users may, from time to time, require additional parking in the event of emergency situations,
declared disaster and regional training exercises. The parties shall cooperate in good faith
regarding additional parking and the Users shall pay a reasonable fee for such additional
parking not to exceed $250 a day for the entire west lot or any portion thereof. In the event that
the Port experiences a disaster or training exercise there shall be no charge for additional
parking. Any and all additional parking spaces associated with a portion of the west lot shall be
designated by the Port, on a space available basis.
11. CASUALTY LOSS
11.1 Port Improvements: Except as otherwise provided in this Agreement, the Users
shall not be responsible to the Port for any damage or destruction of the Premises and the
Improvements located thereon. The term "damage or destruction" means an unintended or
unanticipated event which causes damage, the repair of which will cost an amount equal to or
more than twice the Port's property insurance deductible or which renders all or any critical
portion of the Premises substantially unsuitable for the uses set forth in Section 4. It shall be
the Port's responsibility to provide its own protection against property losses of whatsoever kind
or nature, regardless of whether or not such loss is occasioned by the acts or omissions of the
Users, third party, or act of nature. However, to the extent and in proportion that the damage or
destruction is caused by or arises by either the negligent or willful conduct of the Users, its
agents, or any person or entity on the Premises as a result of the User's activity, the Users shall
be liable for the same proportion of the Port's property insurance self -insured retention or
deductible.
11.2. Users' Property: The Port shall not be responsible to the Users for any property
loss or damage done to the Users' property, whether real, personal or mixed, occasioned by
reason of any fire, storm or other casualty whatsoever. It shall be the Users' responsibility to
provide its own protection against casualty losses of whatsoever kind or nature, regardless of
whether or not such loss is occasioned by the acts or omissions of the Port, third party, or act of
nature. However, to the extent and in proportion that the damage or destruction is caused by or
arises by either the negligent or willful conduct of the Port, its agents, or any person or entity on
the Premises as a result of the Port's activity, the Port shall be liable for the same proportion of
the User's property insurance self -insured retention or deductible.
11.3 Casualty Loss: In the event of "damage or destruction" of the Improvements
either party may elect to terminate this Agreement upon thirty days written notice; provided all
INTERLOCAL AGREEMENT FOR THE
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FINAL 11-22-13
obligations contained herein shall continue until fully performed. Upon termination the Use
Payment shall be prorated to the date of termination
12. LIABILITY INSURANCE: Each User shall procure and maintain a comprehensive
general liability policy or the equivalent self-insurance program covering all claims for personal
injury (including death) and/or property damage (including all real and personal property located
on the Premises) arising on the Premises or arising out of Users' operations. The limits of
liability shall be not less than One Million Dollars ($1,000,000) for each occurrence and in the
aggregate. The Users shall provide certificates of insurance (or certificates of self-insurance)
and, if requested, copies of any policy to the Port.
13. MUTUAL WAIVER OF SUBROGATION: So long as their respective property/casualty
insurers so permit, and with regard to any self insurance program, each User and the Port
hereby mutually waive their respective rights of recovery against each other for any insured
property/casualty loss but only to the extent of the net insurance proceeds payable under such
policies. Each party shall seek any special endorsements required by their insurer to evidence
compliance with the aforementioned waiver.
14. ENVIRONMENTAL INDEMNIFICATION: To the extent permitted by law, the Users shall
defend, indemnify, and hold the Port harmless from any and all claims, demands, judgments,
orders or damages resulting from Hazardous Substances on the Premises caused in whole or in
part by the activity of the Users, their agents, subtenants, or any other person or entity on the
Premises during any period of time that the Users have occupied all or a portion of the Premises
during the term of this Agreement. The term "Hazardous Substances," as used herein, shall
mean any substance heretofore or hereafter designated as hazardous under the Resource
Conservation and Recovery Act, 42 USC Sec. 6901 et seg.; the Federal Water Pollution Control
Act, 33 USC Sec. 1257 et seq.; the Clean Air Act, 42 USC Sec. 2001 et seq.; the
Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 USC Sec.
9601 et seq.; or the Hazardous Waste Cleanup -Model Toxics Control Act, RCW 70.105D, all as
amended and subject to all regulations promulgated thereunder.
14.1. Although the Users shall not be liable for any Hazardous Substances that existed
on the Premises prior to the inception of this Agreement, the Users shall be responsible for the
costs of any environmental investigations or remediation arising from the development or use of
the Premises by the Users.
15. CURRENT ENVIRONMENTAL CONDITIONS AND DUTY OF USERS: The Port makes
no representation about the condition of the Premises. Hazardous Substances may exist in, on,
under, or above the Premises. If there are any Hazardous Substances in, on, under or above
the Premises as of the Commencement Date, the User shall exercise the utmost care with
respect to the Hazardous Substances, the foreseeable acts or omissions of third parties
affecting the Hazardous Substances, and the foreseeable consequences of those acts or
omissions. Prior to conducting any environmental investigation of the subsurface of the
Premises, the Users shall provide prior written notice to the Port. The Users shall provide the
Port with the results of all such investigations.
INTERLOCAL AGREEMENT FOR THE
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16. USERS WILL OBTAIN PERMITS: The Users agree to obtain and comply with all
necessary permits for any new improvement. If the Users fail to obtain and comply with such
permits, then the User accepts full responsibility for any and all costs incurred by the Port,
including actual attorneys' fees. In this way, the Users agree to be solely responsible for all
damages, costs, and expenses incurred as a result of the Users' failure to fully comply with any
necessary permit process and requirements.
17. RIGHT OF FIRST REFUSAL TO PURCHASE BUILDING CONTAINING THE SPECIAL
PURPOSE FACILITY: Should the Port offer the Premises for sale during the term of this
Agreement and any renewals, the Users (either individually or collectively) shall have the right of
first refusal to purchase the Premises and Improvements. Any sale or transfer of the building
while this Agreement is in effect shall be subject to this Agreement. This Right of First Refusal is
subject to the following:
a. The Premises will be sold "as is" "where is" without further liability of the Port. The
Port will provide a statutory warranty deed and a standard form title insurance policy in the
amount of the purchase price. The purchase price will be payable as all cash at closing.
b. The Users (either individually or collectively) must provide the Port written notice
of intent to purchase within six (6) months after the Port provides written notice to the Users of
the offer for sale.
C. Upon receipt of notice of the Users' intent to purchase, the Port and the Users will
promptly meet and attempt to select a qualified MAI appraiser to appraise the value of the
Premises. The Port and the Users will split 50%/50% the cost of the appraisal. The appraised
value of the Premises (including all related Port -owned improvements) will be the purchase
price.
d. If the Port and the Users cannot agree, then the Port and the Users shall each
select an MAI appraiser and have the Premises (including the Improvements) appraised. The
Port and the Users shall pay for their own appraisers. The average of those two appraisals shall
be the purchase price.
e. If, after determining the purchase price, the Users elect to move forward the Port
and the Users will negotiate an appropriate ground lease for the real property underlying the
Premises with ground rent at fair market value with reasonable adjustments and escalations.
The term "fair market value" for ground rent shall be the reasonable rental value of the real
property only, without regard to any of the Improvements.
f. If after determining the purchase price, the Users elect not to move forward, the
Right of First Refusal will remain in effect; however, if the Users again provide notification of a
desire to exercise the Right of First Refusal if offered by the Port and a new appraised value is
required by the Port, the Users will bear the costs of the appraiser(s) as provided above.
17. INDEMNIFICATION AND HOLD HARMLESS:
17.1 To the extent permitted by law, the Users will defend, indemnify and hold
harmless the Port, its officers, employees and agents from any and all demands, claims,
judgments or liability for loss or damage (collectively "liability") arising as a result of accidents,
injuries or other occurrences on the Premises, to the extent such liability is caused by or arises
from any actual or alleged negligent or willful conduct of the Users, its agents, or any person or
INTERLOCAL AGREEMENT FOR THE
USE OF THE SPECIAL PURPOSE FACILITY
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324
FINAL 11-22-13
entity on the Premises as a result of the Users' activity, regardless of who the injured third -party
may be.
17.2 To the extent permitted by law, the Port will defend, indemnify and hold harmless
the Users, their officers, employees and agents from any and all demands, claims, judgments or
liability for loss or damage (collectively "liability") arising as a result of accidents, injuries or other
occurrences on the Premises, to the extent such liability is caused by or arises from any actual
or alleged negligent or willful conduct of the Port, its agents, or any person or entity on the
Premises as a result of the Port's activity, regardless of who the injured third -party may be.
18. LAWS AND REGULATIONS: The Users agree to conform to and abide by all lawful
codes, laws, and regulations in connection with its use of the Premises and the construction of
improvements and operation of Users' use thereon and not to permit said Premises to be used
in violation of any lawful rule, code, law or regulation.
18.1. The Users' obligations herein shall include, but in no way be limited to, the
obligation to comply with all state and federal environmental laws and regulations. The Users
covenant and agree that they will indemnify and hold harmless the Port from any fine, penalty, or
damage which may be imposed by any lawful authority, which may arise as a result of the Users'
failure to comply with the obligations of this paragraph.
19. WASTE AND REFUSE: The Users agree not to allow conditions of waste and refuse to
exist on the Premises and to keep the Premises in a neat, clean, and orderly condition and to be
responsible for all damages caused to the Premises by Users, their agents or any third party on
the Premises.
20. SIGNS: No signs shall be installed without the prior written permission of the Port.
21. TERMINATION: Upon termination of this Agreement or any extension thereof, whether
by expiration of the stated term or sooner termination thereon as herein provided, the Users
shall surrender to the Port the Premises peaceably and quietly restored to the condition existing
at the time of initiation of this Agreement, except for: (i) normal wear and tear, and (ii) any
improvements which the Port permits to remain on the Premises.
21.1. This Agreement shall be construed as a lease for the purposes of the Port availing
itself of the unlawful detainer proceedings set forth in Chapter 59.12 RCW.
22. NON WAIVER: Neither the acceptance of the Use Payment nor any other act or
omission of the Port or the Users after a default shall operate as a waiver of any past or future
default or deprive any party promptly exercising any other right or remedy it has under this
Agreement. Any waiver shall be in writing and signed by the party granting the waiver to be
binding on that party.
23. COORDINATORS AND NOTICES: The person designated below shall be the contact
person and coordinator for all issues related to this Agreement. Any notice, demand, request,
INTERLOCAL AGREEMENT FOR THE
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FINAL 11-22-13
consent, approval or communication that either party desires or is required to give to the other
party shall be in writing addressed to the other party at the addresses as follows:
TO PORT: Shirley McFearin
Director of Real Estate
Port of Bellingham
Post Office Box 1677
Bellingham, Washington, 98227-1677
TO THE CITY: Roger Christensen
Fire Chief
City of Bellingham
1800 Broadway
Bellingham, Washington, 98225-3133
TO THE COUNTY: Jack Louws (or Designee)
County Executive
Whatcom County
311 Grand Avenue, Suite 108
Bellingham, WA 98225-4038
or such address as may have been specified by notifying the other party of the change of
address. Notice shall be deemed served on the date of actual delivery or the first attempted
delivery as shown on the return receipt if mailed with the United States Postal Service by
certified mail, return receipt requested.
24. QUIET ENJOYMENT: The Port shall take no action which interferes with the Users' right
of quiet enjoyment. Notwithstanding the foregoing, the Port reserves the right to grant
easements and other land uses on the Premises to others when the easement or other land
uses applied for will not unduly interfere with the use to which the Premises is Out by Users, or
interfere unduly with the approved plan of development for the Premises.
25. THE PORT MAY ENTER PREMISES: It is agreed that the duly authorized officers or
agents of the Port may enter to view said Premises and if the business or normal function of the
Port should at any time require that it enter upon the Premises to perform any work or make any
improvements. Prior to entry the Port will provide the User with reasonable notice, reasonably
schedule entry and shall comply with all reasonable access requirements of the User.
26. TIME: It is mutually agreed and understood that time is of the essence of this
Agreement.
27. INTERPRETATION: This Agreement has been submitted to the scrutiny of the parties
hereto and their counsel, if desired. In any dispute between the parties, the language of this
Agreement shall, in all cases, be construed as a whole according to its fair meaning and not for
or against either the Port or the Users. If any provision is found to be ambiguous, the language
shall not be construed against any party solely on the basis of which party drafted the provision.
INTERLOCAL AGREEMENT FOR THE
USE OF THE SPECIAL PURPOSE FACILITY
PAGE - 9
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FINAL 11-22-13
If any word, clause, sentence, or combination thereof for any reason is declared by a court of law
or equity to be invalid or unenforceable against one party or the other, then such finding shall in
no way affect the remaining provisions of this Agreement.
28. SURVIVAL: All obligations of this Agreement shall not cease upon the termination of this
Agreement and shall continue as obligations until fully performed.
29. GOVERNING LAW: This Agreement, and the right of the parties hereto, shall be
governed by and construed in accordance with the laws of the State of Washington, and the
parties agree that in any such action jurisdiction and venue shall lie exclusively in Whatcom
County, Washington.
30. JOINT AND SEVERAL OBLIGATIONS: The obligations of the Users in this Agreement
are the joint and several obligations of Whatcom County and the City of Bellingham.
31. NO THIRD PARTY BENEFICIARIES: There are no third party beneficiaries to this
Agreement.
32. TRUE AND FULL VALUE: The County, the Port and the City have each independently
analyzed the economics of the transaction contemplated herein and have each determined that
each entity is receiving true and full value as that term is defined in RCW 43.09.210, relevant
case law and attorney general opinions.
33. ENTIRE AGREEMENT: This Agreement contains all of the understandings between the
parties. Each party represents that no promises, representations or commitments have been
made by the other as a basis for this Agreement that have not been reduced to writing herein.
No oral promises or representations shall be binding upon any party, whether made in the past
or to be made in the future, unless such promises or representations are reduced to writing in
the form of a modification to this Agreement executed with all necessary legal formalities.
34. VALIDATION: IN WITNESS WHEREOF, the parties have respectively caused this
instrument to be approved and executed on the day and year noted below.
THE PORT OF BELLINGHAM
By: Rob Fix, its Executive Director
WHATCOM COUNTY
By: Jack Louws, County Executive
INTERLOCAL AGREEMENT FOR THE
USE OF THE SPECIAL PURPOSE FACILITY
PAGE - 10
Approved as to Form:
Chief Civil Deputy Prosecutor, WC
327
FINAL 11-22-13
THE CITY OF BELLINGHAM
EXECUTED, this the day of , 2013, for the City of Bellingham as follows:
Approved as to Form:
Office of the City Attorney Mayor
Attest:
Finance Director Department Head
[INSERT NOTARY BLOCK]
F:\PORT OF BELLINGHAM1Real Estate\Special Purpose Facilil\ASpecial PURPOSE FACILITY PORT YELLOW CLEAN 11-18-13.doc
INTERLOCAL AGREEMENT FOR THE
USE OF THE SPECIAL PURPOSE FACILITY
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WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-426
CLEARANCES
initial
Date
Date Received in Council O ace
Agenda Date
Assigned to:
TWH
11125113
112110113
Finance
Originator:
R I ,�� I1
Council -
Division Head:
Dept. Head.
DEC, 0 3 2013
Prosecutor:
(i�L�i3
COUNTY
1 z/z113
COUNCIL
Purchasin /Bud et.
Executive:
TITLE OF DOCUMEN
Economic Development htterlocal Agreement between the City of Bellingham, Port of Bellingham and Whatcom County
for the purposes of creating efficiencies in coordination of economic development activities.
ATTACHMENTS: 1. Memo
2. Interlocal Agreement
SEPA review required? ( ) Yes ( x ) NO
Should Clerk schedule a hearing ? ( ) Yes (x ) NO
SEPA review completed? ( ) Yes ( x ) NO
Requested Date:
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is 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 authorization for the Executive to enter into an interlocal agreement with the City of Bellingham and the Port of
Bellingham for the purposes of ensuring consistency in the delivery of economic development services that provide beneficial
outcomes to the parties.
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: w)yly.co.whatcont.wa.us/council.
329
WHATCOM COUNTY
EXECUTIVE'S OFFICE
County Courthouse
311 Grand Avenue, Suite #108
Bellingham, WA 98225-4082
MEMO:
TO: Whatcom County Council
DATE: November 27, 2013
�G°M c00
IN 10
FROM: Tawni Helms, Administrative Coordinator
RE: Economic Development Service Provider Interlocal
Jack Louws
County Executive
Background and Purpose:
On December 7, 2010 Whatcom County Council authorized an Interlocal agreement
between Whatcom County, the Port of Bellingham and the City of Bellingham. The
interlocal agreement established a working partnership between the local governments
to encourage collaboration and transparency and expires December 31, 2013. This
interlocal agreement extends the collaboration for another three years. This
coordinated approach has helped to ensure efficiencies in the provision of economic
development activities from the economic development service providers. The
economic development services agreed to by the Parties include but are not limited to:
Business retention
Business expansion
Assistance to start-ups
Research and data to support the above
As outlined in this agreement, the Port of Bellingham is the designated administrator for
the contract. Administrative duties include the selection of the Service Providers,
management of contracts, receipts and dispersal of funds and communication to Port,
County and City representatives. The service provider selected for 2014 is the Small
Business Development Center. They will continue to provide the deliverables listed
above.
Funding Amount and Source:
The 2014 budget has allocated $135,000 through the EDI Fund.
Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 755
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
.2®1 oo
Originating Department:
Executive Office
Contract or Grant Administrator:
Tawni Helms
Contractor's / Agency Name:
Port of Bellingham
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑
Yes® No ❑ If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes ❑ No ❑
Is this a grant agreement?
Yes❑ No ® If yes, grantor agency contract number(s) CFDA #
Is this contract grant funded?
Yes ❑ No ® If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes ❑ No ® If yes, RFP and Bid number(s) Cost Center:
Is this agreement excluded from E-Verify? No ❑ Yes ❑ If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
® Interlocal Agreement (between Govt's) ❑Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$405,000 - (e 5'liwutteJ +otak eve-- 3 yea-1 s)
. Bid is more than $40,000.
This Amendment Amount:
• Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope: Interlocal agreement with the city of Bellingham and the Port of Bellingham for the purposes of
ensuring consistency in the delivery of economic development services that provide beneficial outcomes to the parties.
Term of Contract: I
Expiration Date: 12 -3 $ ® I
Contract Routinz Stens & Siknoff Sinn or Initial . Indicate date transmitted
1. Prepared by: twh
Date: 12/2/13
2. Attorney reviewed: G
Date: (( ba
3. AS Finance reviewed:
Date: / 2
4. IT reviewed, if IT related:
Date:
5. Corrections made:
Date:
6. Attorney signoff
Date:
7. Contractor signed:
Date:
8. Submitted to Exec Office: /
Date: 1Z sZ-/
9. Council Approved (if required):
Date:
10. Executive signed:
Date:
11. Contractor original returned to Dept.:
Date:
12. County original to Council:
Date:
Last Edited 7/24/ 13
331
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WHAT COM COUNTY
-L C
o.
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
WHATCOM COUNTY, THE CITY OF BELLINGHAM, AND THE PORT
OF BELLINGHAM, REGARDING A COORDINATED APPROACH TO
FUNDING AND CONTRACTING WITH ECONOMIC DEVELOPMENT
SERVICE PROVIDERS
This Interlocal Cooperation Agreement (the "Agreement") is made and entered into this day by
and between Whatcom County, (the "County"), the City of Bellingham, (the "City"), and the
Port of Bellingham (the "Port"),; The County, City, and Port may be individually referred to as a
"Party" and collectively referred to as the "Parties".
WHEREAS, the Parties have separately undertaken economic development activities in
Whatcom County, including contracting with various service providers to deliver business start-
up, retention, recruitment, expansion and related services; and
WHEREAS, in 2011 the Parties successfully joined their funding resources on a multi -year
basis to increase efficiency in coordination and focus on the outcomes expected by the Parties;
and
WHEREAS, the Parties collaboratively pooled their funding and jointly solicited responses
from responsible economic development service providers to provide core economic
development services to grow and sustain the Whatcom County economy; and,
WHEREAS, the funding commitments are apportioned with the knowledge the County will
utilize the County Public Utilities Improvement Fund as allowable through RCW 82.14.370 to
support 50% of the funding contribution; and
WHEREAS, the Parties wish to continue their collaboration to ensure consistency in the
delivery of economic development services that provide beneficial outcomes to the parties; and
WHEREAS, in 2012, the Port was designated by the County as Associate Development
Organization with the state of Washington, assuming a lead coordination responsibility for
economic development in Whatcom County;
WHEREAS, pursuant to RCW 53.08.245, the Port has broad authority to engage in economic
development activity; and
Economic Development Interlocal
Page No. 1
332
WHEREAS, pursuant to RCW Chapter 39.34 the Parties desire to enter into this Agreement to
outline the commitment of funding and the process for selecting and administering economic
development service provider contracts (the "Service Providers").
NOW, THEREFORE, it is agreed by and between the Parties as follows:
1. ADMINISTRATION. The Parties designate the Port as the administrator pursuant to
this Agreement. Administrative duties include selection of Service Providers, management of
contracts, receipts and dispersal of funds, and communication to Port, County and City
representatives. The Port will utilize its staff at no cost and follow the Port policies with regard to
contracting for services or consultants.
2. SERVICES. The parties agree that for the purposes of this agreement economic
development services include but are not limited to (i) business retention, (ii) business
expansion, (iii) assistance to start-ups, and (iv) research and data to support the above.
3. FINANCIAL COMMITMENTS. The County, the City and the Port will include an
economic development services line item in their respective 2014, 2015 and 2016 budgets. For
2014, and contingent upon budget approval from each Party, an amount up to the following
contribution levels will be made:
County
$132,500 50%
Port
$66,250 25%
City
$66,250 25%
Total
$265,000 100%
The Parties will contribute a proportionate share equal to the percentages noted above for each
Service Provider contract executed in 2014.
3.1. Contingent upon annual budget approval, the Parties agree to commit to a three-
year coordinated approach to economic development funding. It is understood future 2015 and
2016 year funding may vary. The Advisory Committee (as set forth below) will meet in the
summer of each year to discuss the following year's budget. The relative percentages will be
determined for each of the years 2015 and 2016 based upon the funding by each Party each year.
4. APPOINTMENT OF ALLOCATIONS COMMITTEE. The County, the City and the
Port will each appoint one (1) representative to serve as member of the allocations committee
(the "Committee"). The Committee will forward its decisions on allocation of the available
resources to the Board of Commissioners of the Port, including selection of Service Providers,
scope of services and funding levels. Unless demonstrated that the Committee's allocations
violate Port policies or local, state or federal law, the Board of Commissioners shall authorize the
appropriations under this Agreement only. The Port will receive communication on work
progress and final reporting from all Service Providers. Each representative appointed to the
Economic Development Interlocal
Page No. 2
333
Committee shall also be the contact person for that Party. Each party may change the
representative by providing written notice to the other Parties.
5. STAFF. The Parties may (but are not obligated) to utilize their staff (at no cost) to
provide an initial screening, ranking and recommendation of proposals received from prospective
Service Providers.
6. INVOICES. All Service Provider invoices must be consistent with the contract and
approved by the Parties. Once approved, the Port will pay the invoice and forward the same to
the County and the City for reimbursement. The County, the City and the Port shall provide the
aggregate reimbursement for all payments quarterly within 30 days upon receipt of invoice by
Port.
7. EFFECTIVE DATE AND TERM. The Agreement shall be effective immediately
upon its execution by all Parties. This Agreement shall continue in full force and effect until the
Service Provider contracts executed hereunder have been completed. Then, in the event that
funds remain in the account for this Agreement and all debts have been paid, the funds will be
returned to the Parties in proportion to their contribution.
8. WITHDRAWAL OF PARTIES. Any Party may withdraw from this Agreement by
providing thirty (30) days written notice to the other parties. However, any Party withdrawing
shall remain responsible for its prorated share of any payments due Service Providers for
contracts executed prior to the receipt of the notice by the Port.
9. NEW PARTIES. The Parties may allow additional public agencies (as the term is
defined in RCW 39.34.020) to become parties to this Agreement subject to such terms and
conditions as they unanimously agree.
10. SURVIVABILITY: All covenants, promises and performance which are not fully
performed as of the date of termination shall survive termination as binding obligations.
11. NOTICES: All notices, demands, requests, consents and approvals which may, or are
required to be given by any party to any other party hereunder, shall be in writing and shall be
deemed to have been duly given if delivered personally, sent by facsimile, sent by a nationally
recognized overnight delivery service, or if deposited in the United States mail and sent by
registered or certified mail, return receipt requested, postage prepaid to:
The County: Tawni Helms
Whatcom County Executive Office
311 Grand Ave
Bellingham, WA 98225
Economic Development Interlocal
Page No. 3
334
The City: Tara Sundin
City of Bellingham
210 Lottie St.
Bellingham, WA 98225
The Port: John Michener
Port of Bellingham
1801 Roeder Ave.
Bellingham, WA 98225
or to such other address as the foregoing parties hereto may from time -to -time designate in
writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or
refusal of the intended recipient to accept delivery. Facsimile transmission of any signed
original document, and retransmission of any signed facsimile transmission shall be the same as
delivery of an original document.
12. AMENDMENT: No modification, termination or amendment of this Agreement may
be made except by written agreement signed by all parties, except as provided herein.
13. WAIVER: No failure by any of the foregoing parties to insist upon the strict
performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any
right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or
any other covenant, agreement, term or condition
14. NEUTRAL AUTHORSHIP: Each of the provisions of this Agreement has been
reviewed and negotiated, and represents the combined work product of all parties hereto. No
presumption or other rules of construction which would interpret the provisions of this
Agreement in favor of or against the party preparing the same shall be applicable in connection
with the construction or interpretation of any of the provisions of this Agreement.
15. PUBLIC RECORDS ACT. All records received by any Party, pursuant to this
Agreement shall be a public record and therefore subject to the Public Records Act.
17. ENTIRE AGREEMENT: The entire agreement between the parties hereto is contained
in this Agreement, and this Agreement supersedes all of their previous understandings and
agreements, written and oral, with respect to this transaction. This Agreement may be amended
only by written instrument executed by the parties subsequent to the date hereof.
Economic Development Interlocal
Page No. 4
335
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
EXECUTED THIS day of 12013.
CITY OF BELLINGHAM
Kelli Linville
Mayor
Attest:
Finance Director
Approved as to form:
Office of the City Attorney
Economic Development Interlocal
Page No. 5
336
EXECUTED this day of , 2013.
WHATCOM COUNTY
Jack Louws
County Executive
Approved as to form:
Sr. Civil Deputy Prosecuting Attorney
Economic Development Interlocal
Page No. 6
337
EXECUTED THIS day of I, 2013.
PORT OF BELLINGHAM
Rob Fix
Executive Director
Economic Development Interlocal
Page No. 7
338
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2 01.3 -4 2 7
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
twit
11127113
12110113
Finance
Originator:
E
Council
Division Head:
V
DEC 0 3 2013
HAR3 � COUNTY
COMM
Dept. Head:
Prosecutor:
0►13�%3
f®
WN
Purchasin /Bud et:
/ lj�Executive:
TITLE OFDOCUAJE7 Interlocal Agreement between Fire Protection District 7 and Whatcom Count for the provision of
ALS Services
ATTACHMENTS: Interlocal Agreement
Cover Memo
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.)
Request authorization to enter into an interlocal agreement between Fire Protection District 7 and Whatcom County for the provision
of ALS Services.
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/couneil.
339
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
(2 0 1
Originating Department:
Executive Office
Contract or Grant Administrator:
County Executive Designee
Contractor's / Agency Name:
Fire Protection District 7
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑
Yes® No ❑ If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes ® No ❑
Is this a grant agreement?
Yes[:] No ® If yes, grantor agency contract number(s) CFDA #
Is this contract grant funded?
Yes ❑ No ® If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes ❑ No ® If yes, RFP and Bid number(s) Cost Center:
Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
® Interlocal Agreement (between Govt's) ❑Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
anv prior amendments)
• Professional Services Agreement above $20,000.
$ q i Oq A 31`{
• Bid is more than $40,000.
This Amendment Amount:
. Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope: Service agreement for the provision of ALS services for three years. Costs broken down by year are
as follows: 2014 $982,430., 2015 $1,502,675., 2016 $1,55�5,269
Term of Contract:
Expiration Date: I Z - 31— 1(0
Contract Routing Steps & Signoff Sijzn or Initial Indicate date transmitted
1. Prepared by:
Date:
2. Attorney reviewed: 1
Date: 1(
3. AS Finance reviewed: ,'jib-
Date: / f�
4. IT reviewed, if IT related:
Date:
5. Corrections made:
Date:
6. Attorney si noff:
Date:
7. Contractor signed:
Date:
8. Submitted to Exec Office:
Date: %Z Z / 3
9. .Council Approved (if required):
Date:
10. Executive signed:
Date:
11. Contractor original returned to Dept.:
Date:
12. County original to Council:
Date:
Last Edited 7/24/13
340
WHATCOM COUNTY <GOM co
EXECUTIVE'S OFFICE 3sP G`A
County Courthouse
311 Grand Avenue, Suite #108
Bellingham, WA 98225-4082 IN o
MEMO
TO: Whatcom County Council Members
FROM: County Executive Jack Louws
Jack Loms
County Executive
RE: Interlocal Agreement for the provision of Advanced Life Support
Ambulance services (ALS)
DATE: December 2, 2013
Background and Purpose:
On December 8th, 2010 by Resolution 2010-052 the County requested a notification
letter be sent to the City of Bellingham to discontinue the existing Interlocal Agreement
regarding Emergency Medical and Ambulance Services. On June 5, 2012, a Joint
Resolution of the City of Bellingham (2012-13) and Whatcom County (2012-016)
adopted a recommended business model for county -wide emergency medical services.
Last May, I updated the Council on the pending progress of our contract negotiations
and submitted a "2014 EMS System Proposal". This proposal identified Whatcom
County's primary challenges as containing costs and meeting the goals of the Council
as defined in Resolution 2010-052.
The attached interlocal agreement for the provision of Advanced Life Support
Ambulance services (ALS) represents the work of Whatcom County, the City of
Bellingham and Fire District 7 to put forth service agreements to provide an integrated
EMS system for Whatcom County. The agreements were developed and negotiated to
accomplish the mandates as identified in the Joint Resolution. As with most
complicated negotiations, many issues were identified, reviewed and eventually
resolved. In addition, many technical issues have been clarified for the mutual benefit
of the Parties and a transition plan has been incorporated into the service agreement.
The new service agreements assume the formation of both the EMS Oversight Board
(EOB) and the Technical Advisory Board (TAB). These Boards will ensure equitable
representation from both Whatcom County and the community in framing the ongoing
implementation of an integrated and coordinated EMS system. Beginning with -the
inception of these contracts in 2014, administration of the EMS system will be the
responsibility of the County working with -the EOB and TAB Advisory Boards.
Funding Amount and Source:
Funding will be the EMS Fund and General Fund. The attached worksheet outlines the
projected budget for 2014, 2015 and 2016.
341
Office (360) 6 76-6 717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738 4555
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il
(.'30NTRACT NO.
A /,31.2o69
INTERLOCAL AGREEMENT FOR ADVANCED LIFE SUPPORT SERVICES
This Interlocal Agreement for Advanced Life Support Services ("Agreement") is made and
entered into in duplicate originals this day by and between the COUNTY OF WHATCOM, a
municipal corporation, hereinafter referred to as the 'County' and the WHATCOM COUNTY
FIRE PROTECTION DISTRICT 7, a municipal corporation of the State of Washington
hereinafter referred to as the 'District'. Together, the County and the District are the only parties
to this Agreement and may be referred to as "Parties" or individually as a "Party" hereinafter.
RECITALS
WHEREAS, Chapter 39.34 RCW authorizes local governments to enter into agreements for
joint and cooperative undertakings; and
WHEREAS, statutes and regulations concerning the provision of emergency medical services
include Chapters 18.71, 18.73, 70.168 RCW and Chapter 246-976 WAC; and
WHEREAS, the County and City previously executed agreements to fund and operate a county-
wide advanced life support ("ALS") paramedic program called "Whatcom Medic One" (WMO);
and
WHEREAS, WMO is currently funded by user fees, general funds from the County and City of
Bellingham, along with a countywide EMS sales tax collected and dedicated to provide unified,
county wide emergency medical services as provided by law; and
WHEREAS, the City of Bellingham has effectively operated WMO for 39 years; and
WHEREAS, in 2005, the City of Bellingham, County and all Whatcom County fire agencies
developed a near -term, six -year emergency medical services plan, which has largely been
implemented; and
1
343
WHEREAS, that planning effort also addressed longer -term planning issues, such as provision
of tiered services (ALS and BLS) and development of further ALS capacity within the county fire
service agencies depending upon future service demands; and
WHEREAS, changing demographics in the County, along with a greater utilization of tiered
service, has resulted in changes in the nature of service delivery, expectations for service, and
capacity of various agencies to deliver service, all of which have driven the search for an
updated, sustainable model of a still -unified EMS system to deliver emergency medical services
throughout the cities and the unincorporated area of the County; and
WHEREAS, the County provided notice to the City of Bellingham in December, 2010
terminating the Interlocal Agreement for EMS Services between the City of Bellingham and
County ("Previous Interlocal for EMS Services") which is set to terminate effective December
31, 2013; and
WHEREAS, the County is the governmental entity that will assume responsibility to ensure a
unified administration and integrated operation of ALS services on a county -wide basis; and
WHEREAS, the County desires to reconstruct the contractual relationship with the City of
Bellingham which is necessary for the provision of ALS services; and
WHEREAS, additionally the County will continue its contractual relationship with the District for
the purposes of acquiring ALS services; and
WHEREAS, the District represents that it has qualified and experienced ALS operational
personnel already in place to perform the services as defined in this Agreement; and
WHEREAS, the Parties agree that a contract for services with compensation based on fixed
amounts, with the fixed amounts for three years and then renegotiated every two years, subject
to the modifications set forth below, is the appropriate form of contract for the services being
provided; and
THEREFORE, in consideration of the terms, conditions, covenants, and obligations contained
herein, the Parties mutually agree as follows:
N
344
AGREEMENT
1. DEFINITIONS AND EXHIBITS:
DEFINITIONS:
"ALS Services" are limited to those services identified throughout this Agreement and
those services added to this Agreement by written contract modification.
"ALS" (Advanced Life Support) means pre -hospital medical care requiring training and
certification beyond the Emergency Medical Technician Basic level as required by Washington
State law and regulations.
"ALS Service Provider" means those entities that contract with the County to provide
pre -hospital ALS 'treatment and transport services and which possess Washington State
ambulance licensure and operate consistent with trauma verification regulations to provide such
service within Whatcom County.
"BLS" (Basic Life Support) means those services identified in Washington state law and
regulations as being provided at the Emergency Medical Technician Basic level.
"EMS Oversight Board" ("EOB") means the board envisioned in Whatcom County
Resolution #2012-016 and City of Bellingham Resolution #2012-013 to provide
recommendations regarding EMS system planning, administration, operations, levels of service,
EMS service costs, revenues, and associated financial reporting to the County, Cities and Fire
Districts in Whatcom County. The composition and duties of the EOB have been further defined
by County Ordinance #
"Technical Advisory Board" ("TAB") means the board established jointly by the
County and City pursuant to Whatcom County Resolution #2012-016 and City of Bellingham
Resolution #2012-013 to provide recommendations and information on operational, educational,
and logistical components of ALS service in Whatcom County. The composition and duties of
the TAB have been further defined by County Ordinance #
3
345
EXHIBITS:
The Agreement utilizes:
Exhibit "A" Scope of Work
Exhibit "B" Defined Service Areas
Exhibit "C" EMS Administrative Services
Exhibit "D" Business Associate Agreement
These Exhibits may be modified by mutual written agreement of the Executive and Fire Chief.
2. OBLIGATIONS OF THE PARTIES AS TO COUNTY -WIDE ALS SERVICE.
The goal of the Parties is to work cooperatively with each other as well as the EOB and TAB to
facilitate coordinated countywide paramedic ambulance services. Each party's responsibilities
in furtherance of this goal are identified as follows:
a) The District, as an ALS Service Provider, shall perform such services as are identified
and designated as District responsibilities throughout this Agreement and as detailed in
Exhibits "A" and "B" attached hereto and made a part hereof. The District will be the
primary services provider for Service Area 2 as identified on Exhibit "B" and shall provide
backup services to Service Area 1. The District, as an ALS Service Provider, shall
provide its best efforts to support and cooperate with all other EMS providers.
b) The County, as the administrator of the county -wide EMS system, shall be responsible
for high level administrative functions or actions that are needed to ensure continued
integrated and uniform county -wide EMS service. The County shall also provide county-
wide ALS administrative services, which it may procure by separate contract(s). These
administrative responsibilities and administrative services are detailed in Exhibit "C"
attached hereto and by reference made a part hereof. The County shall require that any
contracts or agreements with an administrative services provider or other ALS Service
Providers facilitate efficient and effective cooperation among the ALS Service Providers
and the administrative services provider and further ensure integrated and uniform
county -wide ALS service. The County shall pay all dispatch fees associated with
services provided under this Agreement.
c) EMS dispatch fees shall be billed to the County. County will bill EMS agencies for BLS
transports not covered under this contract. Both parties will work with the EOB and the
TAB to establish the best method for properly distributing all EMS dispatch costs not
recovered through transport calls.
4
346
3. IMPRACTICABILITY AND FORCE MAJEURE.
Neither the County nor the District shall be required to perform any obligation to the extent the
performance or the provision of such becomes impracticable as a result of a cause or causes
outside of the reasonable control of the County or District, or to the extent the performance of
such require the County or District to violate applicable laws, rules or regulations or result in the
breach of any license, permit or applicable contract. The obligations of the County and District
under this Agreement are subject to conditions of force majeure, including an act of God, act of
a public enemy, war, revolution, riot, or any other cause, which is not reasonably within the
control of the County or District.
4. THE EOB AND TAB
The District, as an ALS Service Provider, and the County shall coordinate and implement the
services described in Exhibit "A" in accordance with best industry practices and EOB and TAB
recommendations as administered by the County, and subject to a right to reopen the financial
component of this Agreement as described in Section 6 below. ALS Service Providers will
participate in the work of the EOB and TAB. Neither the EOB nor the TAB is a party to this
Agreement, and nothing herein shall serve to create third party rights in favor of the EOB, the
TAB, or any other person or entity not specifically identified as a Party to this Agreement.
5. COMPENSATION AND METHOD OF PAYMENT
As consideration for the provision of the ALS services set forth in this Agreement, the County
shall pay to the District a fee for ALS services ("ALS Service Fee") as defined in this Section.
a. ALS Service Fee For Calendar Years 2014, 2015 and 2016.
The ALS Service Fee for calendar year 2014 shall be:
Total transition costs up to $256,500.
Total cost for 6 months of medic unit operation is $ 725,930.
The ALS Service Fee for calendar year 2015 shall be:
Total cost for 12 months of medic unit operation is 1,502,675.
The ALS Service Fee for calendar year 2016 shall be:
Total cost for 12 months of medic unit operation is 1,555,269.
5
347
b. Additional Transition Costs for 2014. The parties acknowledge that an orderly
transition of services from the (previous contract) to the new contract will require a phase
in — phase out approach with respect to the implementation of one full time fully
validated Medic Unit. From January 1 through June 30, 2014, the District will maintain
the services of Medic 41 and shall provide service to the area identified in the attached
"transitional service area" map. All personnel funded through this agreement in 2014
shall be available for response to ALS incidents countywide and additional ALS resource
may be placed into service on a day-by-day basis based on available staffing. The
County shall reimburse the District for the build-up costs during the 2014 transition
period that include:
• 6 months of premium pay and continuing education training costs for 7 current
paramedics
• Recruitment and certification costs for two paramedics from January 1 to June
30, 2014
• Two months of training and certification costs for 7 entry level fire fighters
At least quarterly and no more often than monthly, the District will submit to the
Whatcom County Executive an invoice and supporting documentation to prove expenses
incurred.
c. ALS Service Fee Beyond the Transition Year and Initial Two -Year Period. Beginning
in April of 2016 and no later than April of each even year thereafter, the County
Executive and the Fire Chief shall begin meeting to formulate a joint recommendation to
their respective council and board for the ALS Service Fee for the following two calendar
years. The District will provide detailed expenditure reports covering the actual cost of
service provided, using standard format developed for all ALS Service Providers.
Following approval by the respective councils, the ALS Service Fee amounts for the
following two calendar years shall be set forth in an addendum to this Agreement. In the
event the respective council or board do not approve mutually agreed ALS Service Fee
amounts for the following two calendar years, the annual ALS Service Fee shall be
automatically adjusted annually on January 1 of each remaining year by the same
percentage increase as the increase in the Seattle -Tacoma -Bremerton CPI-U inflation
adjusted index multiplied by one point one five (1.15) until this Agreement terminates in
6
348
accordance with its provisions; provided, however, that such automatic adjustment shall
not be a decrease.
d. Monthly Payments. Beginning in July 2014, The County shall pay to the District the AILS
Service Fee amount for 2014 in six (6) equal monthly payments and for each year
thereafter in twelve (12) equal monthly payments. The District shall submit to the
County an invoice setting forth the monthly payment due. The County shall initiate
authorization for monthly payment after receipt of the invoices and shall make payment
to the District within thirty (30) days thereafter.
e. Certain Services May Be Compensated and Billed Separately Subject to County
Review and Approval. An event that overburdens current operational resources or
adversely affects service capacity, as identified in Exhibit "A" number 2, may result in an
application by the District to the County for cost reimbursement separate from the AILS
Service Fee. Such application may be subject to review and recommendation by the
EOB. The County will review such an application in good faith for reimbursement.
6. CONTRACT REOPENER
a. The Parties may mutually agree to re -open the contract for renegotiation of any of its
terms based on changed circumstances.
b. This Agreement will be reopened at either the County's request or the District's request if
the County requests changes in the means or methods of services identified in Exhibit
"A" that have financial implications. The scope of the reopener shall be limited to
addressing the financial implications and the specific request that raises financial
implications.
c. The District, in entering this Agreement is relying on the EOB and TAB structure as set
forth in County Ordinance No.
This Agreement will be
reopened at the District's request if the composition or duties of the EOB or the TAB are
modified from those defined by the above County ordinance. The scope of the reopener
shall be limited to addressing the implication of the modifications.
d. This Agreement may be reopened as set forth in Section 19.b.
349
7. EFFECTIVE DATE, DURATION AND TERMINATION
This Agreement shall be effective on January 1, 2014 and shall continue through and including
December 31, 2016. Starting on January 1, 2015, this Agreement shall automatically extend for
successive one (1) year periods unless one party provides the other party with written notice of
termination by no later than January 1. For example, if neither party provides a written notice of
termination to the other party by January 1, 2015, this Agreement will automatically extend by
one (1) year to December 31, 2017. By way of further example, if neither party provides a
written notice of termination to the other party by January 1, 2016, this Agreement will
automatically extend by one (1) year to December 31, 2018. This automatic extension and
renewal provision shall continue until this Agreement is properly terminated by the provision of
written notice in accordance with this Section. Following notice of termination, the terms and
conditions contained herein shall continue in full force and effect for the remaining term of the
Agreement. The Parties covenant to work cooperatively and in good faith under the terms and
conditions expressed herein after one party has given the other party a written notice of
termination.
8. ESTABLISHMENT AND MAINTENANCE OF RECORDS
a. The District agrees to maintain books, records and documents and accounting
procedures and practices which accurately reflect the costs and its collection results
related to the performance of this Agreement. Such fiscal books, records, documents,
reports and other data shall be maintained in a manner consistent with the "Budgeting,
Accounting, Reporting System for Counties and Cities, and Other Local Governments,"
referred to as "BARS," as issued by the Office of the State Auditor, State of Washington.
The District further agrees that the County shall have the right to monitor, at its own
expense, the fiscal components of the EMS services provided by the District under this
Agreement to evaluate whether actual costs remain consistent with the terms of this
Agreement. Information will be available based on monthly financial reporting.
b. The District shall retain all books, records, documents and other material relevant to
this Agreement for at least three (3) years after its expiration, or as required by state
and federal law, whichever is longer. The District agrees that the County or its designee
shall have full access and right to examine any of said materials at all reasonable times
during said period.
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c. The District's fiscal management system shall include the capability to provide
accurate, current and complete disclosure of the financial status of this Agreement
upon request.
9. ALS USER FEES AND WHATCOM COUNTY EMS FUND
a. The Whatcom County Council shall by ordinance establish user fees for ALS services.
Prior to establishment of such fees, the County shall seek input and advice from the
EOB on the appropriate amounts for those fees. The District, as an ALS Service
Provider, shall take those steps necessary to implement the fees so determined by the
County Council, including collection activities when necessary.
b. The District shall remit all user fees received for services delivered by the contracted
transport units to the County on a monthly basis for deposit in the Whatcom County
Emergency Medical Services Fund.
c. The County shall set aside all ALS user fees and funds collected under the Interlocal
Cooperation Agreement Between Whatcom County and The Cities of Whatcom County
For The Purpose of Defining the Distribution of funds received from the One -Tenth of
one Percent Sales Tax Initiative for Countywide Emergency Services ("Sales Tax
Agreement"), including all interest income, to procure and fund countywide emergency
medical services. The County shall maintain its record and accounting of such fees and
funds in a manner consistent with "BARS," as issued by the Office of the State Auditor,
State of Washington. The County further agrees that the District shall have the right to
monitor, at its own expense, the use and expenditure of such funds to ensure they
remain consistent with the terms of this Agreement.
10. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT
OF 1996 (HIPAA)
The Parties agree that protected health information shall be used and maintained as set forth in
the Business Associate Agreement attached hereto as Exhibit D in order to ensure compliance
with HIPAA. The District shall also comply with all applicable provisions of the Health
Information Technology for Economic and Clinical Health Act.
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11. ASSIGNMENT
The District shall not assign any portion of this Agreement without the written consent of the
County, and it is further agreed that, to the extent practical, said consent must be sought in
writing by the District not less than forty-five (45) days prior to the date of any proposed
assignment. The County agrees that it will not unreasonably withhold such consent. Any work
or services assigned hereunder shall be subject to each provision of this Agreement and proper
bidding procedures where applicable as set forth by local, State and/or Federal statutes,
ordinances and guidelines.
12. COMPLIANCE WITH LAWS
The Parties, in performance of this Agreement, agree to comply with all applicable local, State
and/or Federal laws and ordinances, including standards for licensing, certification and
operation of facilities, programs and accreditation, and licensing of individuals and any other
standards or criteria as described in this Agreement to assure quality of services.
13. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICES
The County and the District are equal opportunity employers. The District agrees that it shall
not discriminate against any employee or applicant on the grounds of race, color, religion, sex,
sexual orientation, national origin, creed, marital status, age, veteran status, or the presence of
any disability; provided that the prohibition against discrimination in employment because of
disability shall not apply if the particular disability prevents the particular worker involved from
performing the occupational requirements of the job. The District shall take such action with
respect to this Agreement as may be required to ensure full compliance with state and federal
law. The District shall not, on the grounds of race, color, sex, sexual orientation, religion,
national origin, creed, marital status, age, veteran status or the presence of any disability deny
any individual any services or other benefits provided under this Agreement.
14. RELATIONSHIP OF PARTIES
The Parties hereto recognize and agree that they are independent governmental entities.
Except as expressly provided for herein, nothing in the Agreement shall be construed to limit the
discretion of the governing bodies of each party.
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Neither party shall assume any liability for the direct payment of any salary, wages or other
compensation of any type to any of the other party's personnel performing services hereunder.
No agent, employee or other representative of the Parties shall be deemed to be an employee
of the other party for any reason. This Agreement shall not be construed or interpreted such
that either party hereto is held to be an agent of the other party.
15. DISPUTE RESOLUTION, JURISDICTION, AND VENUE
a. In the event of a dispute between the Parties arising from this Agreement or any
obligations hereunder, the dispute shall first be referred to the operational officers or
representatives designated by the Parties to have the responsibility of administering this
Agreement. Said officers or representatives shall meet as soon as possible, and in any
event the initial meeting shall be held within thirty (30) days of either Party's request for a
meeting to resolve the dispute. The Parties covenant to make a good faith attempt to
resolve the dispute at this meeting.
b. In the event that the Parties are unable to resolve any dispute arising under this
Agreement, or other dispute or disagreement arising from the implementation of the
terms of the Agreement, the Parties agree that mediation will be a condition precedent to
any litigation. The Parties agree to jointly select a mediator. If the Parties are unable to
agree upon a mediator, the Parties shall jointly obtain a list of five (5) mediators from a
reputable non-Whatcom County dispute resolution organization and alternately strike
mediators on that list until one remains. The Parties agree to share equally in the cost of
mediation.
c. In the event that mediation is unsuccessful and litigation ensues, each Party shall bear
its own costs and expenses. The venue for any dispute related to this Agreement shall
be Skagit County, Washington. This Agreement has been and shall be construed as
having been made and delivered within the State of Washington and it is agreed by each
party hereto that this Agreement shall be, governed by the laws of the State of
Washington, both as to interpretation and performance.
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16. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services provided directly or indirectly under this
Agreement shall be used for the purpose of assisting a campaign for election of any person to
any office or for the promotion of or opposition to any ballot proposition.
17. INDEMNIFICATION; HOLD HARMLESS
a. All services to be rendered or performed by the District under this Agreement shall
be performed or rendered entirely at the District's own risk, as to third -party claims
based on the services provided by the District under this Agreement, and the District
expressly agrees to indemnify and hold harmless the County and all of its officers,
agents, employees, or otherwise, from any and all liability, loss or damage
including reasonable costs of defense that they may suffer as a result of claims,
demands, actions, or damages to any and all persons or property, costs or
judgments against the County or any person which result from or arise out of the
services to be performed by the District under this Agreement; provided, this section
shall not apply to liability resulting exclusively from errors or omissions of the
County, its officers, or employees.
b. The County expressly agrees to indemnify and hold harmless the District and all of its
officers, agents, employees, or otherwise, from any and all liability, loss or damage
including reasonable costs of defense that they may suffer as a result of claims,
demands, actions, or damages to any and all persons or property, costs or judgments
against the District which result from or arise out of: (1) the County's performance of its
obligations under this Agreement, (2) the County's administrative role or actions related
to ALS in the County; or (3) the services to be performed by the District as a result of
acting under the express direction or control of a County employee, agent or
representative.
18. TRANSITION, PHASE OUT, AND CLOSE OUT
Upon written notice of termination as outlined in Section 7, the Parties agree to meet and to
develop an ALS services transition and phase -out strategy that is agreeable to both Parties.
Such strategy shall set forth the manner in which services under this Agreement will be phased
out and transitioned to another entity, and will, to the extent practical, minimize the impact to
both Parties resulting from the termination and phase out of services. The Parties agree to
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meet within thirty (30) days from the written notice of termination to discuss the transition and
phase -out strategy. In the event that this Agreement is terminated for any reason, the following
provisions shall apply upon the effective date of termination:
a. Upon written request by the District, the County shall make or arrange for payment to the
District of contract payment amounts not covered by previous payments; and
b. The District shall expeditiously refund to the County any monies paid in advance for
services not performed.
19. SEVERABILITY
a. It is understood and agreed by the Parties hereto that if any part, term or provision of
this Agreement is held by the courts to be illegal, the validity of the remaining provisions
shall not be affected, and the rights and obligations of the Parties shall be construed and
enforced as if this Agreement did not contain the particular provision held to be invalid.
b. If it should appear that any provision hereof is in conflict with a statute of the State
of Washington, said provision, which may conflict therewith shall be deemed
modified to conform to such statutory provision. If there is a judicial finding of illegality or
conflict as set forth in this Section, and such finding materially frustrates either Party's
intent with respect to this Agreement, the Party disadvantaged by the finding may cause
this Agreement to be reopened for negotiation, with 60 days advance written notice. The
negotiation shall be limited to reinstating the Parties to their respective positions as if the
finding had not occurred.
20. ENTIRE AGREEMENT
The Parties agree that this Agreement is the complete expression of the terms hereto and any
oral representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both Parties. Both Parties
recognize time is of the essence in the performance of the provision of this Agreement. It is
also agreed by the Parties that the forgiveness of the non-performance of any provision of this
Agreement does not constitute a waiver of the provisions of this Agreement. The Parties agree
that this Agreement supersedes any previous agreement between the Parties regarding the
services and obligations set forth herein.
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21. NOTICES
All notices, demands, requests, consents and approvals which may, or are required to, be given
by any party to any other party hereunder, shall be in writing and shall be deemed to have been
duly give in delivered personally, sent by facsimile, sent by a nationally recognized overnight
delivery service, or if mailed or deposited in the United States mail and sent by registered or
certified mail, return receipt requested, postage prepaid to:
WHATCOM COUNTY
c/o COUNTY EXECUTIVE
311 GRAND AVENUE
BELLINGHAM, WASHINGTON 98225
WHATCOM COUNTY FIRE PROTECTION DISTRICT 7
c/o FIRE CHIEF
P.O. Box 1599
FERNDALE, WASHINGTON 98284
22. WHATCOM MEDIC ONE NAME
The Parties acknowledge the provider name "Whatcom Medic One" is a licensed, recognized
entity operated by the City of Bellingham Fire Department. This name shall continue to be used
by the Bellingham Fire Department for Medicare licensing and billing provisions and programs.
The Parties will cooperate in using the "Medic One" name, to the extent practical, in a manner
that promotes the uniform and integrated provision of EMS service on a county -wide basis.
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Executed this day of , 2013 for WHATCOM COUNTY.
Jack Louws, County Executive
Approved as to form:
County Civil Prosecuting Attorney
Executed this day of A2013 for WHATCOM COUNTY FIRE
PROTECTION DISTRICT NO. 7 y
`A aab, Board Chair
Attest:
Llild
r
Board Se etary
1s
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Exhibit A
Scope of Work
RESPONSE:
1. The ALS Service Provider shall maintain the services of Medic 41, January 1 through
June 30, 2014 and provide one (1) ambulance(s), available 24 hours for each day of contracted
service July 1, 2014 through December 31, 2016, and shall meet the following criteria:
a. Ambulance staffing shall consist of two (2) Washington State Certified
paramedics in good standing with Washington State Department of Health.
The paramedics shall have authority of the Medical Program Director
("MPD") to provide paramedic level service in Whatcom County.
During times when a Whatcom County paramedic -training program is in
operation, staffing levels may be altered to one (1) paramedic and one (1)
paramedic student.
iii In the event two paramedics are not available due to extraordinary
circumstances beyond the District's control, the District may substitute
with a Washington State Credentialed EMT B in good standing with
Washington State Department of Health.
b. Ambulance vehicles shall be reliable and maintained consistent with standards
identified in WAC 296.305 for emergency response vehicles.
C. Vehicles and staffing shall meet all applicable Washington State Department of
Health and Center for Medicare/Medicaid Service (CMS) requirements for operation as
an Advanced Life Support ambulance service.
2. The parties recognize there are occasions, both planned and unplanned, that requires
temporary additions to ALS ambulance services. When determining whether to reimburse the
ALS Service Provider for such extraordinary events, the Parties will use the following criteria
and categories:
a. Planned events which are of short duration and for which, participation by the
ALS Service Provider is voluntary typically will not result in a request for additional
reimbursement.
b. When planned events require additional ALS resources for longer periods of time
(usually greater than 8 hours in a day and/or requiring multiple days of service) and the
ALS Service Provider has been preapproved by the County to provide these resources,
the ALS Service Provider may submit a request for additional reimbursement and should
anticipate receipt of requested funds.
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C. For unplanned events, such as weather events, multi -casualty events,
catastrophic man made or naturally occurring events, and/or events that isolate
portion(s) of a service area that require adding ALS resources, the Fire Chief has the
authority to deploy additional ALS resources during such events. The Fire Chief shall
consult regarding resource deployment with the County Executive as soon as
reasonably possible, but no later than 24 hours after deployment, and may request
reimbursement for these additional services.
3. The parties recognize all areas of the county will not receive the same response time for
ALS services. A county -wide tiered response model of closest Basic Life Support (BLS) service
providing first response to ALS incidents with ALS Service Providers responding as soon as
possible to the highest call volume areas will be utilized.
a. The County and ALS Service Provider shall determine the best location to
stage/house ambulances within a County identified service area in a manner that
achieves best possible response times to the highest call volume areas.
b. Impacts resulting from changes to service areas will be negotiated by the parties.
C. The Parties recognize the ALS Service Provider will provide BLS service using a
contracted ambulance unit pursuant to dispatch protocols and/or directions of the
Medical Program Director. Revenue from services provided under those BLS Services
will be remitted to the County.
PERFORMANCE REPORTING:
1. The County shall develop standardized reporting formats and the ALS Service Provider shall
report performance in the following areas utilizing the County format to include but not limited to:
a. Response times to time critical incidents within County -identified sub divisions of
the contracted service area(s);
b. Ambulance response statistics including response transports, out of service time,
and count of incident types responded to;
C. Year-end expenditure report; and
d. County -identified patient outcome reporting.
COORDINATION OF SERVICES:
1. ALS Service Provider shall work cooperatively with first response agencies, other ALS
Service Provider agencies and the Medical Program Director to achieve a consistent and
coordinated response countywide by using the following methods:
a. Mutual aid agreements with all County contracted ALS service providers that
minimize delays to ALS services.
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359
b. Standardization of vehicles and equipment ensuring effective emergency scene
operations.
2. The ALS Service Provider shall contract with a supervising physician to provide
consistent and high quality ALS medical oversight of the care provided by paramedic personnel
authorized to practice under this Agreement.
3. The ALS Service Provider shall facilitate participation in County approved pre -hospital
medical care studies and the collection of required documentation for such studies.
4. In cooperation with the IVIPD and other ALS Service Providers, the ALS Service Provider
shall attend continuing education meetings designed to meet state continuing education,
supervising physician, and MPD requirements.
5. Based on call volumes and service capacity, the Parties agree to regularly discuss,
together with EOB and TAB, deployment planning to include number and location of units to
ensure high quality service is retained throughout Whatcom County.
BILLING SERVICES:
1. The ALS Service Provider shall provide medical billing services for contracted
ambulance transports utilizing criteria that are consistent with CMS Ambulance billing
requirements. For claims that are not covered by CMS, the ALS service provider will apply the
applicable rules/regulations of the specific payor(s) for such claims.
a. The ALS Service Provider will provide, or contract for, billing with appropriate
coding credentials and compliance expertise as they pertain to ambulance medical
billing.
b. The ALS Service Provider shall maintain policies which address; write-offs, write-
downs, charity care, and collections criteria and process. These policies will be modified
as may be required by CMS or other regulation.
C. The ALS Service Provider shall remit to the County, on a monthly basis, all
ambulance fees collected that result from services provided by the contracted
ambulance(s).
i. The ALS Service Provider shall maintain documentation of all payments and
activities on all accounts/claims to be disclosed to the county upon request of
such information.
ii. The ALS Service Provider will provide reports to the appropriate County
personnel regarding status of accounts; individually, and/or summary on a
periodic basis as is appropriate for the specific tasks.
d. The ALS Service Provider shall securely process and store all patient medical
records consistent with Washington State RCW/WAC and HIPAA.
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EXHIBIT "B"
SERVICE AREA
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EXHIBIT "C"
WHATCOM COUNTY EMS ADMINISTRATIVE SERVICES
Maintain the EMS system as an integrated regional network (county -wide) of Basic Life Support
(BLS) and Advanced Life Support (ALS) services provided by Whatcom County, local Cities and
County Fire Districts using the following model:
• Firefighter Emergency Medical Technicians (EMTs) provide first -on -scene
response to EMS calls and provide BLS services
• ALS services provided by a limited number of providers
Regional programs emphasize uniformity of medical care across jurisdictions,
consistency and excellence in training, and medical quality assurance
Make regional delivery and funding decisions cooperatively with EOB and TAB to ensure ALS
delivery from a system -wide perspective.
• EMS Oversight Board (EOB) will monitor uniformity and consistency of the
system and provide counsel to Whatcom County EMS Administration
Develop and implement strategic initiatives to provide greater efficiencies within the system that
(TAB will play an integral part in making recommendations to the County):
1. Maintain or improve current standards of patient care through:
a. Regional Medical Direction in conjunction with Whatcom County Medical
Program Director (MPD)
b. BLS/ALS protocols
C. Medical Community sponsored research studies approved by the County
d. National and International Industry best practices
2. Improve the operational efficiencies of the system to help contain costs by:
a. Standardizing paramedic student training requirements; consolidating and
conducting joint training
b. Strengthening cross -jurisdictional mutual service agreements
3. Manage the rate of growth in the demand for ALS services by:
a. Determining the number and location of ALS units based on:
• Unit workload
• Unit response time
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362
• Availability in primary service area and dependency on backup
• Frequency and service impact of multiple alarms
• Paramedic exposure to critical skill sets
• Projection of calls
• Population trends
b. Triaging calls and classification as BLS vs. AILS patient care
C. Appropriate utilization of transport services based on patient needs
d. Coordinating EMS system development with local health care providers,
EMS Trauma Care Council(s) and the State Department of Health
Ensure the EMS system operates in coordinated partnerships between the BLS agencies and
AILS Service Providers through regionalization, collaboration and cross jurisdictional
coordination; examples include:
a. Equipment exchange
b. Equipment research
C. Group purchasing
d. Equipment specifications
d. Paramedic/EMT interaction training
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EXHIBIT "D"
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement ("Agreement") is made and entered into in duplicate
originals this day by and between the COUNTY OF WHATCOM, a municipal corporation,
hereinafter referred to as the'County' and the WHATCOM COUNTY FIRE PROTECTION
DISTRICT i, a municipal corporation OF THE State of Washington, hereinafter referred to as
the 'District'. Together, the County and the District are the only parties to this Agreement and
may be referred to as "Parties" or individually as a "Party" hereinafter.
1. Definitions
1.1 HIPAA Terminology:
The following terms used in this Agreement shall have the same meaning as those terms in the
HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care
Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health
Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured
Protected Health Information, and Use.
1.2 Specific definitions:
(a) Business Associate. "Business Associate" shall generally have the same meaning as the
term "business associate" at 45 CFR 160.103, and in reference to the party to this agreement,
shall mean the County.
(b) Covered Entity. "Covered Entity" shall generally have the same meaning as the term
"covered entity" at 45 CFR 160.103, and in reference to the party to this agreement, shall mean
the City.
(c) HIPAA Rules. "HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and
Enforcement Rules at 45 CFR Part 160 and Part 164.
2. Obligations and Activities of Business Associate
Business Associate agrees to:
(a) Not use or disclose protected health information other than as permitted or required by the
Agreement or as required by law;
(b) Use appropriate safeguards, and complies with Subpart C of 45 CFR Part 164 with respect
to electronic protected health information, to prevent use or disclosure of protected health
information other than as provided for by the Agreement;
(c) Report to Covered Entity any use or disclosure of protected health information not provided
for by the Agreement of which it becomes aware, including breaches of unsecured protected
health information as required at 45 CFR 164.410, and any security incident of which it
becomes aware;
22
C.A
(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that
any subcontractors that create, receive, maintain, or transmit protected health information on
behalf of the Business Associate agree to the same restrictions, conditions, and requirements
that apply to the Business Associate with respect to such information;
(e) Make available protected health information in a designated record set to the Covered Entity
as necessary to satisfy Covered Entity's obligations under 45 CFR 164.524;
(f) Make any amendment(s) to protected health information in a designated record set as
directed or agreed to by the Covered Entity pursuant to 45 CFR 164.526, or take other
measures as necessary to satisfy Covered Entity's obligations under 45 CFR 164.526;
(g) Maintain and make available the information required to provide an accounting of
disclosures to the Covered Entity as necessary to satisfy Covered Entity's obligations under 45
CFR 164.528;
(h) To the extent the Business Associate is to carry out one or more of Covered Entity's
obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E
that apply to the Covered Entity in the performance of such obligation(s); and
(i) Make its internal practices, books, and records available to the Secretary for purposes of
determining compliance with the HIPAA Rules.
3. Permitted Uses and Disclosures by Business Associate
(a) Business Associate may only use or disclose protected health information as necessary to
perform its obligations under the Interlocal Agreement For EMS Administrative Services.
(b) Business Associate is authorized to use protected health information to de -identify the
information in accordance with 45 CFR 164.514(a)-(c).
(c) Business Associate may use or disclose protected health information as required by law.
(d) Business Associate agrees to make uses and disclosures and requests for protected health
information consistent with Covered Entity's minimum necessary policies and procedures.
(e) Business Associate may not use or disclose protected health information in a manner that
would violate Subpart E of 45 CFR Part 164 if done by Covered Entity except for the specific
uses and disclosures set forth below.
(f) Business Associate may disclose protected health information for the proper management
and administration of Business Associate or to carry out the legal responsibilities of the
Business Associate, provided the disclosures are required by law, or Business Associate
obtains reasonable assurances from the person to whom the information is disclosed that the
information will remain confidential and used or further disclosed only as required by law or for
the purposes for which it was disclosed to the person, and the person notifies Business
Associate of any instances of which it is aware in which the confidentiality of the information has
been breached.
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365
(g) Business Associate may provide data aggregation services relating to the health care
operations of the Covered Entity.
4. Termination
(a) Term. The Term of this Agreement shall be effective as of the effective date of the Interlocal
Agreement For Ems Administrative Services to which this Agreement is attached and shall
terminate on the termination date of the Interlocal Agreement For Ems Administrative Services
or on the date Covered Entity terminates for cause as authorized in paragraph (b) of this
Section, whichever is sooner.
(b) Termination for Cause. Business Associate authorizes termination of this Agreement by
Covered Entity, if Covered Entity determines Business Associate has violated a material term of
the Agreement and Business Associate has not cured the breach or ended the violation within
the time specified by Covered Entity; provided, however, that termination of this Agreement
shall not affect the Interlocal Agreement For EMS Administrative Services except that the
Parties shall meet and establish a new business associate agreement with appropriate
provisions to correct the violation.
(c) Obligations of Business Associate Upon Termination.
Upon termination of this Agreement for any reason, Business Associate, with respect to
protected health information received from Covered Entity, or created, maintained, or received
by business associate on behalf of Covered Entity, shall:
Retain only that protected health information, which is necessary for Business Associate to
continue its proper management and administration or to carry out its legal responsibilities;
Return to Covered Entity or, if agreed to by Covered Entity, destroy the remaining protected
health information that the Business Associate still maintains in any form;
Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with
respect to electronic protected health information to prevent use or disclosure of the protected
health information, other than as provided for in this Section, for as long as Business Associate
retains the protected health information;
Not use or disclose the protected health information retained by Business Associate other than
for the purposes for which such protected health information was retained and subject to the
same conditions set out in Section 3 above which applied prior to termination; and
Return to Covered Entity or, if agreed to by Covered Entity, destroy the protected health
information retained by Business Associate when it is no longer needed by Business Associate
for its proper management and administration or to cant' out its legal responsibilities.
(d) Survival. The obligations of Business Associate under this Section 4 shall survive the
termination of this Agreement.
24
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2 013— 4 2 8
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
twh
11127113
12110113
Finance
Originator:
�.1
it 1.5E i 9 V ��
Council
Division Head.
Dept. Head.•
ll,
ii�3o�o3
Prosecutor:
� "-'-
..0i COUNTY
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Purchasin /Bud et:
1211
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COUNCIL
Executive:
TITLE OFDOCUM nterlocal Agreement between the City of Bellingham and Whatcom Counblor the provision of
ALS Services
ATTACHMENTS: Interlocal Agreement
Cover Memo
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a puhlic hearing, you
must provide the language for use in the required puhlic notice. Be specific and cite RCW or WCC as appropriate. Be clear in
explaining the intent of the action.)
Request authorization to enter into an interlocal agreement between the City of Bellingham and Whatcom County for the provision of
ALS Services.
COMMITTEE ACTION.
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are availahle for viewing and printing on the County's wehsite
at: www.co.whatcom.wa.uslcouncil.
367
WHATCOMM COUNTY P�Gom co`
EXECUTIVE'S OFFICE
County Courthouse
311 Grand Avenue, Suite #108 z
Bellingham, WA 98225-4082 9S'y�NG1
MEMO
TO: Whatcom County Council Members
FROM: County Executive Jack Louws
Jack Loms
County Executive
RE: Interlocal Agreement for the provision of Advanced Life Support
Ambulance services (ALS)
DATE: December 2, 2013
Background and Purpose:
On December 8th, 2010 by Resolution 2010-052 the County requested a notification
letter be sent to the City of Bellingham to discontinue the existing Interlocal Agreement
regarding Emergency Medical and Ambulance Services. On June 5, 2012, a Joint
Resolution of the City of Bellingham (2012-13) and Whatcom County (2012-016)
adopted a recommended business model for county -wide emergency medical services.
Last May, I updated the Council on the pending progress of our contract negotiations
and submitted a "2014 EMS System Proposal". This proposal identified Whatcom
County's primary challenges as containing costs and meeting the goals of the Council
as defined in Resolution 2010-052.
The attached interlocal agreement for the provision of Advanced Life Support
Ambulance services (ALS) represents the work of Whatcom County, the City of
Bellingham and Fire District 7 to put forth service agreements to provide an integrated
EMS system for Whatcom County. The agreements were developed and negotiated to
accomplish the mandates as identified in the Joint Resolution. As with most
complicated negotiations, many issues were identified, reviewed and eventually
resolved. In addition, many technical issues have been clarified for the mutual benefit
of the Parties and a transition plan has been incorporated into the service agreement.
The new service agreements assume the formation of both the EMS Oversight Board
(EOB) and the Technical Advisory Board (TAB). These Boards will ensure equitable
representation from both Whatcom County and the community in framing the ongoing
implementation of an integrated and coordinated EMS system. Beginning with the
inception of these contracts in 2014, administration of the EMS system will be the
responsibility of the County working with the EOB and TAB Advisory Boards.
Funding Amount and Source:
Funding will be the EMS Fund and General Fund. The attached worksheet outlines the
projected budget for 2014, 2015 and 2016.
Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 755
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
®1 1-�"Ca0
Originating Department:
Executive Office
Contract or Grant Administrator:
County Executive Designee
Contractor's / Agency Name:
I City of Bellingham
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑
Yes® No ❑ If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes ® No ❑
Is this a grant agreement?
Yes❑ No ® - If yes, grantor agency contract number(s) CFDA #
Is this contract grant funded?
Yes ❑ No ® If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes ❑ No ® If yes, RFP and Bid number(s) Cost Center:
Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
® Interlocal Agreement (between Govt's) ❑Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$15,371,865.
• Bid is more than $40,000.
This Amendment Amount:
• Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope: Service agreement for the provision of ALS services for three years. Costs broken down by year are
as follows: 2014 $5,602,998.00, 2015 $4,792,189.00 , 2016 $4,976,678.00
Term of Contract: I
Expiration Date: i Z - 3 (-1 C,
Contract Routins Steps & Si--noff Sien or Initial Indicate date transmitted
1. Prepared by:
Date:
2. Attorney reviewed: $
Date:
3. AS Finance reviewed: Zr
Date: l
4. IT reviewed, if IT related:
Date:
5. Corrections made:
Date:
6. Attorney si nof£
Date:
7. Contractor signed:
Date:
8. Submitted to Exec Office:
Date: IZ-2-1
9. Council Approved (if required):
Date:
10. Executive signed:
Date:
11. Contractor original returned to Dept.:
Date:
12. County original to Council:
Date:
Last Edited 7/24/13
369
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ATC
CONTRACT
INTERLOCAL AGREEMENT FOR ADVANCED LIFE SUPPORT SERVICES
This Interlocal Agreement for Advanced Life Support Services ("Agreement") is made and
entered into in duplicate originals this day by and between the COUNTY OF WHATCOM, a
municipal corporation, hereinafter referred to as the 'County' and the CITY OF BELLINGHAM, a
municipal corporation, hereinafter referred to as the 'City'. Together, the County and the City
are the only parties to this Agreement and may be referred to as "Parties" or individually as a
"Party" hereinafter.
RECITALS
WHEREAS, Chapter 39.34 RCW authorizes local governments to enter into agreements for
joint and cooperative undertakings; and
WHEREAS, statutes and regulations concerning the provision of emergency medical services
include Chapters 18.71, 18.73, 70.168 RCW and Chapter 246-976 WAC; and
WHEREAS, the County and City previously executed agreements to fund and operate a county-
wide advanced life support ("ALS") paramedic program called 'Whatcom Medic One" (WMO);
and
WHEREAS, WMO is currently funded by user fees, general funds from the County and City,
along with a countywide EMS sales tax collected and dedicated to provide unified, county wide
emergency medical services as provided by law; and
WHEREAS, the City has effectively operated WMO for 39 years; and
WHEREAS, in 2005, the City, County and all Whatcom County fire agencies developed a near -
term, six -year emergency medical services plan, which has largely been implemented; and
WHEREAS, that planning effort also addressed longer -term planning issues, such as provision
of tiered services (ALS and BLS) and development of further ALS capacity within the county fire
service agencies depending upon future service demands; and
1
371
WHEREAS, changing demographics in the County, along with a greater utilization of tiered
service, has resulted in changes in the nature of service delivery, expectations for service, and
capacity of various agencies to deliver service, all of which have driven the search for an
updated, sustainable model of a still -unified EMS system to deliver emergency medical services
throughout the cities and the unincorporated area of the County; and
WHEREAS, the County provided notice to the City in December, 2010 terminating the Interlocal
Agreement for EMS Services between the City and County ("Previous Interlocal for EMS
Services") which is set to terminate effective December 31, 2013; and
WHEREAS, the County is the governmental entity that will assume responsibility to ensure a
unified administration and integrated operation of AILS services on a county -wide basis; and
WHEREAS, the County desires to reconstruct the contractual relationship with the City which is
necessary for the provision of AILS services; and
WHEREAS, the City represents that it has qualified and experienced AILS operational personnel
already in place to perform the services as defined in this Agreement; and
WHEREAS, the Parties agree that a contract for services with compensation based on fixed
amounts, with the fixed amounts agreed for the first three years and then renegotiated every
two years, subject to the modifications set forth below, is the appropriate form of contract for the
services being provided; and
WHEREAS, this Agreement will replace and supersede the Previous Interlocal Agreement for
EMS Services.
THEREFORE, in consideration of the terms, conditions, covenants, and obligations contained
herein, the Parties mutually agree as follows:
2
372
AGREEMENT
1. DEFINITIONS AND EXHIBITS:
DEFINITIONS:
"ALS Services" are limited to those services identified throughout this Agreement and
those services added to this Agreement by written contract modification.
"ALS" (Advanced Life Support) means pre -hospital medical care requiring training and
certification beyond the Emergency Medical Technician Basic level as required by Washington
State law and regulations.
"ALS Service Provider" means those entities that contract with the County to provide
pre -hospital ALS treatment and transport services and which possess Washington State
ambulance licensure and operate consistent with trauma verification regulations to provide such
service within Whatcom County.
"BLS" (Basic Life Support) means those services identified in Washington state law and
regulations as being provided at the Emergency Medical Technician Basic level.
"EMS Oversight Board" ("EOB") means the board envisioned in Whatcom County
Resolution #2012-016 and City of Bellingham Resolution #2012-013 to provide
recommendations regarding EMS system planning, administration, operations, levels of service,
EMS service costs, revenues, and associated financial reporting to the County, Cities and Fire
Districts in Whatcom County. -fhe composition and duties of the EOB have been further defined
by County Ordinance #
"Technical Advisory Board" ("TAB") means the board established jointly by the
County and City pursuant to Whatcom County Resolution #2012-016 and City of Bellingham
Resolution #2012-013 to provide recommendations and information on operational, educational,
and logistical components of ALS service in Whatcom County. The composition and duties of
the TAB have been further defined by County Ordinance #
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373
EXHIBITS:
The Agreement utilizes:
Exhibit "A" Scope of Work
Exhibit "B" Defined Service Areas
Exhibit "C" EMS Administrative Services
Exhibit "D" Business Associate Terms
These Exhibits may be modified by mutual written agreement of the Executive and the Mayor.
2. OBLIGATIONS OF THE PARTIES AS TO COUNTY -WIDE ALS SERVICE.
The goal of the Parties is to work cooperatively with each other as well as the EOB and TAB to
facilitate coordinated county -wide paramedic ambulance services. Each party's responsibilities
in furtherance of this goal are identified as follows:
a) The City, as an ALS Service Provider, shall perform such services as are identified and
designated as City responsibilities throughout this Agreement and as detailed in Exhibits
"A" and "B" attached hereto and made a part hereof. The City will be the primary service
provider for Service Area 1 as identified on Exhibit "B" and shall provide backup services
to Service Area 2. The City, as an ALS Service Provider, shall provide its best efforts to
support and cooperate with all other EMS providers.
b) The County, as the administrator of the county -wide EMS system, shall be responsible
for high level administrative functions or actions that are needed to ensure continued
integrated and uniform county -wide EMS service. The County shall also provide
county -wide ALS administrative services, which it may procure by separate contract(s).
These administrative responsibilities and administrative services are detailed in Exhibit
"C", attached hereto and by reference made a part hereof. The County shall
require that any contracts or agreements with an administrative services provider or
other ALS Service Providers facilitate efficient and effective cooperation among
the ALS Service Providers and the administrative services provider and further ensure
integrated and uniform county -wide ALS service. The County shall pay all dispatch
fees associated with services provided under this Agreement.
c) EMS dispatch fees shall be billed to the County. County will bill EMS agencies for BLS
transports not covered under this contract. Both parties will work with the EOB and the
TAB to establish the best method for properly distributing all EMS dispatch costs not
recovered through transport calls.
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374
3. IMPRACTICABILITY AND FORCE MAJEURE.
Neither the County nor the City shall be required to perform any obligation to the extent the
performance or the provision of such becomes impracticable as a result of a cause or causes
outside of the reasonable control of the County or City, or to the extent the performance of such
requires the County or City to violate applicable laws, rules or regulations or result in the breach
of any license, permit or applicable contract. The obligations of the County and City under this
Agreement are subject to conditions of force majeure, including an act of God, act of a public
enemy, war, revolution, riot, or any other cause which is not reasonably within the control of the
County or City.
4. THE EOB AND TAB
The City, as an ALS Service Provider, and the County shall coordinate and implement the
services described in Exhibit "A" in accordance with best industry practices and EOB and TAB
recommendations as administered by the County, and subject to a right to reopen the financial
component of this Agreement as described in Section 6 below. ALS Service Providers will
participate in the work of -the EOB and TAB. Neither the EOB nor the TAB is a party to this
Agreement, and nothing herein shall serve to create third party rights in favor of the EOB, the
TAB, or any other person or entity not specifically identified as a Party to this Agreement.
5. COMPENSATION AND METHOD OF PAYMENT
As consideration for the provision of the ALS services set forth in this Agreement, the County
shall pay to the City a fee for ALS services ("ALS Service Fee") as defined in this Section.
a. ALS Service Fee For Calendar Years 2014, 2015 and 2016.
The ALS Service Fee for calendar year 2014 shall be:
Total cost of three paramedic ambulance is $4,433,998.00
Supervisor/Chase car for surge capacity is $180,000.00
The ALS Service Fee for calendar year 2015 shall be:
Total cost of three paramedic ambulance is $4,609,659.00
Supervisor/Chase car for surge capacity is $182,530.00
The ALS Service Fee for calendar year 2016 shall be:
Total cost of three paramedic ambulance is $4,791,565.00
Supervisor/Chase car for surge capacity is $185,113.00
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375
b. Additional Transition Costs for 2014. The parties acknowledge that an orderly
transition of services from the (previous contract) to the new contract will require a phase
in — phase out approach with respect to one Medic Unit. The County shall pay the City
$989,000 in transition costs:
1. The City will provide one (1) additional ambulance available 24 hours for
each day from January 1, 2014 through June 30, 2014 and shall provide
service to the area identified in attached "transitional service area" map. The
cost for these 6 months of medic unit operation will be $739,000.
2. The County shall reimburse the City additional transition cost, not to exceed
$250,000, for the period of July 1, 2014 through December 31, 2014 related
to the cost of attrition. Reimbursement will be limited to the costs necessary
to attrition of the personnel related to the 4th medic unit. All personnel funded
through this agreement shall be available for response to ALS incidents
countywide and additional ALS resources may be placed into service on a
day by day basis based on available staffing.
As to Section 5.b.2., at least quarterly and no more often than monthly, the City will
submit to the Whatcom County Executive an invoice and supporting documentation to
prove expenses incurred.
c. ALS Service Fee Beyond the Transition Year and Initial Two -Year Period. Beginning
in April of 2016 and no later than April of each even year thereafter, the County
Executive and the Mayor of the City shall begin meeting to formulate a joint
recommendation to their respective councils for the ALS Service Fee for the following
two calendar years. The City will provide detailed expenditure reports covering the
actual cost of service provided, using standard format developed for all ALS Service
Providers. Following approval by the respective councils, the ALS Service Fee amounts
for the following two calendar years shall be set forth in an addendum to this Agreement.
In the event the respective councils do not approve mutually agreed ALS Service Fee
amounts for the following two calendar years, the annual ALS Service Fee shall be
automatically adjusted annually on January 1 of each remaining year by the same
percentage increase as the increase in the Seattle -Tacoma -Bremerton CPI-U inflation
[.
376
adjusted index multiplied by one point one five (1.15) until this Agreement terminates in
accordance with its provisions; provided, however, that such automatic adjustment shall
not be a decrease.
d. Monthly Payments. Beginning in January 2014, the County shall pay to the City the
ALS Service Fee amount for 2014 in twelve (12) monthly payments and for each year
thereafter in twelve (12) equal monthly payments. The City shall submit to the County
an invoice setting forth the monthly payment due. The County shall initiate authorization
for monthly payment after receipt of the invoices and shall make payment to the City
within thirty (30) days thereafter.
e. Certain Services May Be Compensated and Billed Separately Subject to County
Review and Approval. An event that overburdens current operational resources or
adversely affects service capacity, as identified in Exhibit "A" number 2, may result in an
application by the City to the County for cost reimbursement separate from the AILS
Service Fee. Such application may be subject to review and recommendation by the
EOB. The County will review such an application in good faith for reimbursement.
6. CONTRACT REOPENER
a. The Parties may mutually agree to re -open the contract for renegotiation of any of its
terms based on changed circumstances.
b. This Agreement will be reopened at either the County's request or the City's request if
the County requests changes in the means or methods of services identified in Exhibit
"A" that have financial implications. The scope of the reopener shall be limited to
addressing the financial implications and the specific request that raises financial
implications.
c. The City in entering this Agreement is relying on the EOB and TAB structure as set forth
in County Ordinance No. . This Agreement will be reopened at the City's
request if the composition or duties of the EOB or the TAB are modified from those
defined by the above County ordinance. The scope of the reopener shall be limited to
addressing the implication of the modifications.
d. This Agreement may be reopened as set forth in Sections 19.c and 19.d.
377
7. EFFECTIVE DATE, DURATION AND TERMINATION
This Agreement shall be effective on January 1, 2014 and shall continue through and including
December 31, 2016. Starting on January 1, 2015, this Agreement shall automatically extend for
successive one (1) year periods unless one party provides the other party with written notice of
termination by no later than January 1. For example, if neither party provides a written notice of
termination to the other party by January 1, 2015, this Agreement will automatically extend by
one (1) year to December 31, 2017. By way of further example, if neither party provides a
written notice of termination to the other party by January 1, 2016, this Agreement will
automatically extend by one (1) year to December 31, 2018. This automatic extension and
renewal provision shall continue until this Agreement is properly terminated by the provision of
written notice in accordance with this Section. Following notice of termination, the terms and
conditions contained herein shall continue in full force and effect for the remaining term of the
Agreement. The Parties covenant to work cooperatively and in good faith under the terms and
conditions expressed herein after one party has given the other party a written notice of
termination.
8. ESTABLISHMENT AND MAINTENANCE OF RECORDS
a. The City agrees to maintain books, records and documents and accounting procedures
and practices which accurately reflect the costs and its collection results related to the
performance of this Agreement. Such fiscal books, records, documents, reports and
other data shall be maintained in a manner consistent with the "Budgeting, Accounting,
Reporting System for Counties and Cities, and Other Local Governments, referred to as
"BARS," as issued by the Office of the State Auditor, State of Washington. The City
further agrees that the County shall have the right to monitor, at its own expense, the
fiscal components of the EMS services provided by the City under this Agreement to
evaluate whether actual costs remain consistent with the terms of this Agreement.
Information will be available based on monthly financial reporting.
b. The City shall retain all books, records, documents and other material relevant to this
Agreement for at least three (3) years after its expiration, or as required by state and
federal law, whichever is longer. The City agrees that the County or its designee
shall have full access and right to examine any of said materials at all
reasonable times during said period.
8
c. The City's fiscal management system shall include the capability to provide accurate,
current and complete disclosure of the financial status of this Agreement upon request.
9. ALS USER FEES AND WHATCOM COUNTY EMS FUND
a. The Whatcom County Council shall by ordinance establish user fees for ALS services.
Prior to establishment of such fees, the County shall seek input and advice from the
EOB on the appropriate amounts for those fees. The City, as an ALS Service Provider,
shall take those steps necessary to implement the fees so determined by the County
Council, including collection activities when necessary.
b. The City shall remit all user fees received for services delivered by the contracted
transport units to the County on a monthly basis for deposit in the Whatcom County
Emergency Medical Services Fund.
C. The County shall set aside all ALS user fees and funds collected under the Interlocal
Cooperation Agreement Between Whatcom County and The Cities of Whatcom County
For The Purpose of Defining the Distribution of funds received from the One -Tenth of
one Percent Sales Tax Initiative for Countywide Emergency Services ("Sales Tax
Agreement"), including all interest income, to procure and fund countywide emergency
medical services. The County shall maintain its record and accounting of such fees and
funds in a manner consistent with "BARS," as issued by the Office of the State Auditor,
State of Washington. The County further agrees that the City shall have the right to
monitor, at its own expense, the use and expenditure of such funds to ensure they
remain consistent with the terms of this Agreement.
10. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT
OF 1996 (HIPAA)
The Parties agree that protected health information shall be used and maintained as set forth in
the Business Associate Agreement attached hereto as Exhibit B in order to ensure compliance
with HIPAA. The City shall also comply with all applicable provisions of the Health Information
Technology for Economic and Clinical Health Act.
11. ASSIGNMENT
The City shall not assign any portion of this Agreement without the written consent of the
County, and it is further agreed that, to the extent practical, said consent must be sought in
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379
writing by the City not less than forty-five (45) days prior to the date of any proposed
assignment. The County agrees that it will not unreasonably withhold such consent. Any work
or services assigned hereunder shall be subject to each provision of this Agreement and proper
bidding procedures where applicable as set forth by local, State and/or Federal statutes,
ordinances and guidelines.
12. COMPLIANCE WITH LAWS
The Parties, in performance of this Agreement, agree to comply with all applicable local, State
and/or Federal laws and ordinances, including standards for licensing, certification and
operation of facilities, programs and accreditation, and licensing of individuals and any other
standards or criteria as described in this Agreement to assure quality of services.
13. NOWDISCRIMINATION IN EMPLOYMENT AND SERVICES
The County and the City are equal opportunity employers. The City agrees that it shall not
discriminate against any employee or applicant on the grounds of race, color, religion, sex,
sexual orientation, national origin, creed, marital status, age, veteran status, or the presence of
any disability; provided that the prohibition against discrimination in employment because of
disability shall not apply if the particular disability prevents the particular worker involved from
performing the occupational requirements of the job. The City shall take such action with
respect to this Agreement as may be required to ensure full compliance with state and federal
law. The City shall not, on the grounds of race, color, sex, sexual orientation, religion, national
origin, creed, marital status, age, veteran status or the presence of any disability deny any
individual any services or other benefits provided under this Agreement.
14. RELATIONSHIP OF PARTIES
The Parties hereto recognize and agree that they are independent governmental entities.
Except as expressly provided for herein, nothing in the Agreement shall be construed to limit the
discretion of the governing bodies of each party.
Neither party shall assume any liability for the direct payment of any salary, wages or other
compensation of any type to any of the other party's personnel performing services hereunder.
No agent, employee or other representative of the Parties shall be deemed to be an employee
of the other party for any reason. This Agreement shall not be construed or interpreted such
that either party hereto is held to be an agent of the other party.
10
M
15. DISPUTE RESOLUTION, JURISDICTION, AND VENUE
a. In the event of a dispute between the Parties arising from this Agreement or any
obligations hereunder, the dispute shall first be referred to the operational officers or
representatives designated by the Parties to have the responsibility of administering this
Agreement. Said officers or representatives shall meet as soon as possible, and in any
event the initial meeting shall be held within thirty (30) days of either Party's request for a
meeting to resolve the dispute. The Parties covenant to make a good faith attempt to
resolve the dispute at this meeting.
b. In the event that the Parties are unable to resolve any dispute arising under this
Agreement, or other dispute or disagreement arising from the implementation of the
terms of the Agreement, the Parties agree that mediation will be a condition precedent to
any litigation. The Parties agree to jointly select a mediator. If the Parties are unable to
agree upon a mediator, the Parties shall jointly obtain a list of five (5) mediators from a
reputable non-Whatcom County dispute resolution organization and alternately strike
mediators on that list until one remains. The Parties agree to share equally in the cost of
mediation.
c. In the event that mediation is unsuccessful and litigation ensues, each Party shall bear
its own costs and expenses. The venue for any dispute related to this Agreement shall
be Skagit County, Washington. This Agreement has been and shall be construed as
having been made and delivered within the State of Washington and it is agreed by each
party hereto that this Agreement shall be governed by the laws of the State of
Washington, both as to interpretation and performance.
16. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services provided directly or indirectly under this
Agreement shall be used for the purpose of assisting a campaign for election of any person to
any office or for the promotion of or opposition to any ballot proposition.
17. INDEMNIFICATION; HOLD HARMLESS
a. All services to be rendered or performed by the City under this Agreement shall be
performed or rendered entirely at the City's own risk, as to third -party claims based on
11
the services provided by the City under this Agreement, and the City expressly agrees to
indemnify and hold harmless the County and all of its officers, agents, employees, or
otherwise, from any and all liability, loss or damage including reasonable costs of
defense that they may suffer as a result of claims, demands, actions, or damages to any
and all persons or property, costs or judgments against the County or any person which
result from or arise out of the services to be performed by the City under this Agreement;
provided, this section shall not apply to liability resulting exclusively from errors or
omissions of the County, its officers, or employees.
b. The County expressly agrees to indemnify and hold harmless the City and all of its
officers, agents, employees, or otherwise, from any and all liability, loss or damage
including reasonable costs of defense that they may suffer as a result of claims,
demands, actions, or damages to any and all persons or property, costs or judgments
against the City which result from or arise out of: (1) the County's performance of its
obligations under this Agreement, (2) the County's administrative role or actions related
to ALS in the County; or (3) the services to be performed by the City as a result of acting
under the express direction or control of a County employee, agent or representative.
18. TREATMENT OF ASSETS AND LIABILITIES OF WHATCOM MEDIC ONE
The accounting for and ownership of funds, property, outstanding accounts receivable, accounts
payable and other assets which are now under joint ownership and responsibility of the County
and the City under the Previous Interlocal Agreement for EMS Services shall be as set forth in a
separate agreement. Following the effective date of this Agreement, the City as an ALS Service
Provider will be responsible for the acquisition, repair, maintenance, and upkeep of personal
property assets needed to provide ALS service. Any future purchase of real property needed
for ALS service within Whatcom County will require further discussions and agreement between
the County and the City as an ALS Service Provider that will operate on the real property.
19. TRANSITION, PHASE OUT, AND CLOSE OUT
Upon written notice of termination as outlined in Section 7, the Parties agree to meet and to
develop an ALS services transition and phase -out strategy that is agreeable to both Parties.
Such strategy shall set forth the manner in which services under this Agreement will be phased
out and transitioned to another entity, and will, to the extent practical, minimize the impact to
both Parties resulting from the termination and phase out of services. The Parties agree to
12
382
meet within thirty (30) days from the written notice of termination to discuss the transition and
phase -out strategy. In the event that this Agreement is terminated for any reason, the following
provisions shall apply upon the effective date of termination:
a. Upon written request by the City, the County shall make or arrange for payment to the
City of contract payment amounts not covered by previous payments; and
b. The City shall expeditiously refund to the County any monies paid in advance for
services not performed.
c. The provision of this subsection 19.c shall be effective only in the event the County
initiates termination of this Agreement and there is no contract by the County for AILS
Service within the City of Bellingham. In order to mitigate the impacts resulting from
termination of the agreement, for a three year period following the effective date of
termination of this Agreement, the County shall remit to the City a proportion of the
total sales tax collected for countywide emergency medical services under the Sales
Tax Agreement. The proportion of the total annual sales tax remitted to the City shall
be equal to the proportion of the population of the City of Bellingham compared to
the population of Whatcom County in its entirety. Population figures will be based
on the most recent census data available. By way of example, if the population of the
City of Bellingham constitutes 40% of the total population of Whatcom County, the
amount remitted to the City shall be 40% of the total sales tax receipt received by
the County under the Sales Tax Agreement. In the event the City withdraws from the
Sales Tax Agreement, upon the effective date of the City's withdrawal, the City will have
the right to retain the portion due the City under RCW 82.14.450 and the remittance set
forth in this subsection (19.c) will cease. This subsection (19.c) may be modified by
mutual agreement of the City and County. This subsection (19.c) may be reopened at
the request of either the County or the City if the voters of Whatcom County pass a
new levy that is intended to fund emergency medical services.
d. The provision of this subsection (19A) shall be effective only if the City initiates
termination of this Agreement in which event the City will only be eligible for the sales tax
proceeds as defined under RCW 82.14.450. This subsection (19.d) may be modified by
mutual agreement of the City and County. This subsection (19.d) may be reopened at
13
the request of either the County or the City if the voters of Whatcom County pass a new
levy that is intended to fund emergency medical services.
20. SEVERABILITY
a. It is understood and agreed by the Parties hereto that if any part, term or provision of
this Agreement is held by the courts to be illegal, the validity of the remaining provisions
shall not be affected, and the rights and obligations of the Parties shall be construed and
enforced as if this Agreement did not contain the particular provision held to be invalid.
b. If it should appear that any provision hereof is in conflict with a statute of the State
of Washington, said provision which may conflict therewith shall be deemed
modified to conform to such statutory provision. If there is a judicial finding of illegality or
conflict as set forth in this Section, and such finding materially frustrates either Party's
intent with respect to this Agreement, the Party disadvantaged by the finding may. cause
this Agreement to be reopened for negotiation, with 60 days advance written notice. The
negotiation shall be limited to reinstating the Parties to their respective positions as if the
finding had not occurred.
21. ENTIRE AGREEMENT
The Parties agree that this Agreement is the complete expression of the terms hereto and any
oral representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both Parties. Both Parties
recognize time is of the essence in the performance of the provision of this Agreement. It is
also agreed by the Parties that the forgiveness of the non-performance of any provision of this
Agreement does not constitute a waiver of the provisions of this Agreement. The Parties agree
that this Agreement supersedes any previous agreement between the Parties regarding the
services and obligations set forth herein.
22. NOTICES
All notices, demands, requests, consents and approvals which may, or are required to, be given
by any party to any other party hereunder, shall be in writing and shall be deemed to have been
duly given when delivered personally, sent by facsimile, sent by a nationally recognized
overnight delivery service, or if mailed or deposited in the United States mail and sent by
registered or certified mail, return receipt requested, postage prepaid to:
14
EMA
WHATCOM COUNTY
c/o COUNTY EXECUTIVE
311 GRAND AVENUE
BELLINGHAM, WASHINGTON 98225
CITY OF BELLINGHAM
c/o FIRE CHIEF
1800 Broadway
BELLINGHAM, WASHINGTON 98225
23. WHATCOM MEDIC ONE NAME
The Parties acknowledge the provider name "Whatcom Medic One" is a licensed, recognized
entity operated by the City of Bellingham Fire Department. This name shall continue to be used
by the Bellingham Fire Department for Medicare licensing and billing provisions and programs.
The Parties will cooperate in using the "Medic One" name, to the extent practical, in a manner
that promotes the uniform and integrated provision of EMS service on a county -wide basis.
Executed this day of , 2013 for WHATCOM COUNTY.
Jack Louws, County Executive
Approved as to form:
County Civil Prosecuting Attorney
Executed this day of , 2013 for CITY OF BELLINGHAM.
Kelli Linville, Mayor
15
Attest:
Brian Henshaw, Finance Director
Departmental Approval:
Department Head
Approved as to form:
City Attorney
16
CIO*
Exhibit A
Scope of Work
RESPONSE:
1. The ALS Service Provider shall provide three (3) ambulance(s), available 24 hours for
each day of contracted service January 1, 2014 through December 31, 2016, and shall meet the
following criteria:
a. Staffing for each ambulance shall consist of two (2) Washington State Certified
paramedics in good standing with Washington State Department of Health.
i. The paramedics shall have authority of the Medical Program Director
("MPD") to provide paramedic level service in Whatcom County.
ii. During times when a Whatcom County paramedic training program is in
operation, staffing levels may be altered to one (1) paramedic and one (1)
paramedic student.
b. Ambulance vehicles shall be reliable and maintained consistent with standards
identified in WAC 296.305 for emergency response vehicles.
C. Vehicles and staffing shall meet all applicable Washington State Department of
Health and Center for Medicare/Medicaid Service (CMS) requirements for operation as
an Advanced Life Support ambulance service.
2. The ALS Service Provider shall provide one (1) paramedic supervisor available 24 hours
per day of contracted service January 1, 2014 through December 31, 2016 and shall meet the
following criteria:
a. The paramedic supervisor shall have authority of the Medical Program Director to
provide paramedic level service in Whatcom County.
b. The supervisor shall be furnished with, and shall utilize, a utility -type vehicle
equipped with essential equipment and supplies allowing for paramedic level care to be
rendered to patients.
C. In addition to supervisory duties performed, this paramedic -staffed unit shall be
available for response countywide at times when "call for service surge" exceeds
paramedic ambulance capacity.
3. The parties recognize there are occasions, both planned and unplanned, that require
temporary additions to ALS ambulance services. When determining whether to reimburse the
ALS Service Provider for such extraordinary events, the Parties will use the following criteria
and categories:
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C:
a. Planned events which are of short duration and for which participation by the
ALS Service Provider is voluntary typically will not result in a request for additional
reimbursement.
b. When planned events require additional ALS resources for longer periods of time
(usually greater than 8 hours in a day and/or requiring multiple days of service) and the
ALS Service Provider has been preapproved by the County to provide these resources,
the ALS Service Provider may submit a request for additional reimbursement and should
anticipate receipt of requested funds.
C. For unplanned events, such as weather events, multi -casualty events,
catastrophic man-made or naturally occurring events, and/or events that isolate
portion(s) of a service area that require adding ALS resources, the Fire Chief has the
authority to deploy additional ALS resources during such events. The Fire Chief shall
consult regarding resource deployment with the County Executive as soon as
reasonably possible, but no later than 24 hours after deployment, and may request
reimbursement for these additional services.
4. The parties recognize all areas of the county will not receive the same response time for
ALS services. A county -wide tiered response model of closest Basic Life Support (BLS) service
providing first response to ALS incidents with ALS Service Providers responding as soon as
possible to the highest call volume areas will be utilized.
a. The County and ALS Service Provider shall determine the best location to
stage/house ambulances within a County identified service area in a manner that
achieves best possible response times to the highest call volume areas.
b. Impacts resulting from changes to service areas will be negotiated by the parties.
C. The Parties recognize the ALS Service Provider will provide BLS service using a
contracted ambulance unit pursuant to dispatch protocols and/or directions of the
Medical Program Director. Revenue from services provided under those BLS Services
will be remitted to the County.
PERFORMANCE REPORTING:
1. The County shall develop standardized reporting formats and the ALS Service Provider shall
report performance in the following areas utilizing the County format, to include but not limited
to:
a. Response times to time -critical incidents within County -identified sub divisions of
the contracted service area(s);
b. Ambulance response statistics including responses, transports, out -of -service
time, and count of incident types responded to;
C. Year-end expenditure report; and
18
i::
d. County -identified patient outcome reporting.
COORDINATION OF SERVICES:
1. ALS Service Provider shall work cooperatively with first response agencies, other ALS
Service Provider agencies and the Medical Program Director to achieve a consistent and
coordinated response countywide by using the following methods:
a. Mutual aid agreements with all County -contracted ALS service providers that
minimizes delays to ALS services.
b. Standardization of vehicles and equipment ensuring effective emergency scene
operations.
2. The ALS Service Provider shall contract with a supervising physician to provide
consistent and high quality ALS medical oversight of the care provided by paramedic personnel
authorized to practice under this Agreement.
3. The ALS Service Provider shall facilitate participation in County -approved pre -hospital
medical care studies and the collection of required documentation for such studies.
4. In cooperation with the IVIPD and other ALS Service Providers, the ALS Service Provider
shall attend continuing education meetings designed to meet state continuing education,
supervising physician, and MPD requirements.
5. Based on call volumes and service capacity, the Parties agree to regularly discuss,
together with EOB and TAB, deployment planning to include number and location of units to
ensure high quality service is retained throughout Whatcom County.
BILLING SERVICES:
1. The ALS Service Provider shall provide medical billing services for contracted
ambulance transports utilizing criteria that are consistent with CMS Ambulance billing
requirements. For claims that are not covered by CMS, the ALS service provider will apply the
applicable rules/regulations of the specific payor(s) for such claims.
a. The ALS Service Provider will provide billing staff with appropriate coding
credentials and compliance expertise as they pertain to ambulance medical billing.
b. The ALS Service Provider shall maintain policies which address write-offs, write-
downs, charity care, and collections criteria and process. These policies will be modified
as may be required by CMS or other regulation.
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ie
C. The ALS Service Provider shall remit to the County on a monthly basis all
ambulance fees collected that result from services provided by the contracted
ambulance(s).
i. The ALS Service Provider shall maintain documentation of all payments and
activities on all accounts/claims, to be disclosed to the County upon request of
such information.
ii. The ALS Service Provider will provide reports to the appropriate County
personnel regarding status of accounts, individually, and/or summary on a
periodic basis as is appropriate for the specific tasks.
d. The ALS Service Provider shall securely process and store all patient medical
records consistent with Washington State RCW/WAC and HIPAA.
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390
EXHIBIT "C"
WHATCOM COUNTY EMS ADMINISTRATIVE SERVICES
Whatcom County shall provide over-all administrative services for EMS, with the following tasks
and goals:
A. Maintain the EMS system as an integrated regional network (county -wide) of Basic Life
Support (BLS) and Advanced Life Support (ALS) services provided by Whatcom County, local
Cities and County Fire Districts using the following model:
Firefighter Emergency Medical Technicians (EMTs) provide first -on -scene
response to EMS calls and provide BLS services
ALS services provided by a limited number of providers
Regional programs emphasize uniformity of medical care across jurisdictions,
consistency and excellence in training, and medical quality assurance
B. Make regional delivery and funding decisions cooperatively with the EOB and TAB to ensure
ALS delivery from a system -wide perspective.
• EMS Oversight Board (EOB) will monitor uniformity and consistency of the
system and provide counsel to Whatcom County EMS Administration
C. Develop and implement strategic initiatives to provide greater efficiencies within the system
that (TAB will play an integral part in making recommendations to the County):
1. Maintain or improve current standards of patient care through:
a. Regional Medical Direction in conjunction with Whatcom County Medical
Program Director (MPD)
b. BLS/ALS protocols
C. Medical Community sponsored research studies approved by the County
d. National and International industry best practices
2. Improve the operational efficiencies of the system to help contain costs by:
a. Standardizing paramedic student training requirements; consolidating and
conducting joint training
b. Strengthening cross -jurisdictional mutual service agreements
3. Manage the rate of growth in the demand for ALS services
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392
a. Determining the number and location of AILS units based on:
• Unit workload
• Unit response time
• Availability in primary service area and dependency on backup
• Frequency and service impact of multiple alarms
• Paramedic exposure to critical skill sets
• Projection of calls
• Population trends
b. Triaging calls and classification as BLS vs. AILS patient care
C. Appropriate utilization of transport services based on patient needs
d. Coordinating EMS system development with local health care providers,
EMS Trauma Care Council(s) and the State Department of Health
D. Ensure the EMS system operates in coordinated partnerships between the BLS agencies
and AILS Service Providers through regionalization, collaboration and cross -jurisdictional
coordination, including, by way of example:
a. Equipment exchange
b. Equipment research
C. Group purchasing
d. Equipment specifications
d. Paramedic/EMT interaction training
23
393
EXHIBIT "D"
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement ("Agreement") is made and entered into in duplicate
originals this day by and between the COUNTY OF WHATCOM, a municipal corporation,
hereinafter referred to as the 'County' and the CITY OF BELLINGHAM, a municipal corporation,
hereinafter referred to as the'City'. Together, the County and the City are the only parties to
this Agreement and may be referred to as "Parties" or individually as a "Party" hereinafter.
1. Definitions
1.1 HIPAA Terminology:
The following terms used in this Agreement shall have the same meaning as those terms in the
HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care
Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health
Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured
Protected Health Information, and Use.
1.2 Specific definitions:
(a) Business Associate. "Business Associate" shall generally have the same meaning as the
term "business associate" at 45 CFR 160.103, and in reference to the party to this agreement,
shall mean the County.
(b) Covered Entity. "Covered Entity" shall generally have the same meaning as the term
"covered entity" at 45 CFR 160.103, and in reference to the party to this agreement, shall mean
the City.
(c) HIPAA Rules. "HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and
Enforcement Rules at 45 CFR Part 160 and Part 164.
2. Obligations and Activities of Business Associate
Business Associate agrees to:
(a) Not use or disclose protected health information other than as permitted or required by the
Agreement or as required by law;
(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to
electronic protected health information, to prevent use or disclosure of protected health
information other than as provided for by the Agreement;
(c) Report to Covered Entity any use or disclosure of protected health information not provided
for by the Agreement of which it becomes aware, including breaches of unsecured protected
24
;MA
health information as required at 45 CFR 164.410, and any security incident of which it
becomes aware;
(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that
any subcontractors that create, receive, maintain, or transmit protected health information on
behalf of the Business Associate agree to the same restrictions, conditions, and requirements
that apply to the Business Associate with respect to such information;
(e) Make available protected health information in a designated record set to the Covered Entity
as necessary to satisfy Covered Entity's obligations under 45 CFR 164.524;
(f) Make any amendment(s) to protected health information in a designated record set as
directed or agreed to by the Covered Entity pursuant to 45 CFR 164.526, or take other
measures as necessary to satisfy Covered Entity's obligations under 45 CFR 164.526;
(g) Maintain and make available the information required to provide an accounting of
disclosures to the Covered Entity as necessary to satisfy Covered Entity's obligations under 45
CFR 164.528;
(h) To the extent the Business Associate is to carry out one or more of Covered Entity's
obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E,
that apply to the Covered Entity in the performance of such obligation(s); and
(i) Make its internal practices, books, and records available to the Secretary for purposes of
determining compliance with the HIPAA Rules.
3. Permitted Uses and Disclosures by Business Associate
(a) Business Associate may only use or disclose protected health information as necessary to
perform its obligations under the Interlocal Agreement For Ems Administrative Services.
(b) Business Associate is authorized to use protected health information to de -identify the
information in accordance with 45 CFR 164.514(a)-(c).
(c) Business Associate may use or disclose protected health information as required by law.
(d) Business Associate agrees to make uses and disclosures and requests for protected health
information consistent with Covered Entity's minimum necessary policies and procedures.
(e) Business Associate may not use or disclose protected health information in a manner that
would violate Subpart E of 45 CFR Part 164 if done by Covered Entity except for the specific
uses and disclosures set forth below.
(f) Business Associate may disclose protected health information for the proper management
and administration of Business Associate or to carry out the legal responsibilities of the
Business Associate, provided the disclosures are required by law, or Business Associate
obtains reasonable assurances from the person to whom the information is disclosed that the
information will remain confidential and used or further disclosed only as required by law or for
25
395
the purposes for which it was disclosed to the person, and the person notifies Business
Associate of any instances of which it is aware in which the confidentiality of the information has
been breached.
(g) Business Associate may provide data aggregation services relating to the health care
operations of the Covered Entity.
4. Termination
(a) Term. The Term of this Agreement shall be effective as of the effective date of the Interlocal
Agreement For Ems Administrative Services to which this Agreement is attached and shall
terminate on the termination date of the Interlocal Agreement For Ems Administrative Services
or on the date Covered Entity terminates for cause as authorized in paragraph (b) of this
Section, whichever is sooner.
(b) Termination for Cause. Business Associate authorizes termination of this Agreement by
Covered Entity, if Covered Entity determines Business Associate has violated a material term of
the Agreement and Business Associate has not cured the breach or ended the violation within
the time specified by Covered Entity; provided, however, that termination of this Agreement
shall not affect the Interlocal Agreement For Ems Administrative Services except that the
Parties shall meet and establish a new business associate agreement with appropriate
provisions to correct the violation.
(c) Obligations of Business Associate Upon Termination. .
Upon termination of this Agreement for any reason, Business Associate, with respect to
protected health information received from Covered Entity, or created, maintained, or received
by business associate on behalf of Covered Entity, shall:
Retain only that protected health information which is necessary for Business Associate to
continue its proper management and administration or to carry out its legal responsibilities;
Return to Covered Entity or, if agreed to by Covered Entity, destroy the remaining protected
health information that the Business Associate still maintains in any form;
Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with
respect to electronic protected health information to prevent use or disclosure of the protected
health information, other than as provided for in this Section, for as long as Business Associate
retains the protected health information;
Not use or disclose the protected health information retained by Business Associate other than
for the purposes for which such protected health information was retained and subject to the
same conditions set out in Section 3 above which applied prior to termination; and
Return to Covered Entity or, if agreed to by Covered Entity, destroy the protected health
information retained by Business Associate when it is no longer needed by Business Associate
for its proper management and administration or to carry out its legal responsibilities.
26
396
(d) Survival. The obligations of Business Associate under this Section 4 shall survive the
termination of this Agreement.
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397
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-429
CLEARANCES
Initial
Date
Date Received in Council O ace
Agenda Date
Assi ned to:
Originator:
twh
1212113
f' 1� (4=, �l, x ��� !` �C_�)
DEC3 201
W HA COM COUNTY
(3'0 U N C I L
12110113
Finance
Council
Division Head:
Dept. Head.
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT. • Contract Amendment
ATTACHMENTS. Memo and contract amendment
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.)
Requesting authorization to extend the existing Medical Examiner Services Agreement for 2 months allowing more time to develop a
new 5 year service agreement.
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. wwiv.co.iyhatcont.wa.uslcoualcil.
Whatcom County
Contract No.
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Originating Department:
Executive Office
Contract or Grant Administrator:
Tawni Helms
Contractor's / Agency Name:
Bayside Pathology
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ® No ❑
Yes[:] No ® If Amendment or Renewal, Original Contract # 200711036
Does contract require Council Approval? Yes ® No ❑
Is this a grant agreement?
Yes❑ No ® If yes, grantor agency contract number(s) CFDA #
Is this contract grant funded?
Yes ❑ No ® If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process? Contract
Yes ❑ No ® If yes, RFP and Bid number(s) Cost Center: 2100
Is this agreement excluded from E-Verify? No ❑ Yes ❑ If no, include Attachment D Contractor Declaration form.
H yes, indicate exclusion(s) below:
® Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
❑ Interlocal Agreement (between Govt's) ❑Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments) • Professional Services Agreement above $20,000.
$345,000. 2008 $376,991. 2011 . Bid is more than $40,000.
$355,350. 2009 $388,300. 2012 . Amendments that have either an increase greater than 10% or
$366,010. 2010 $399,949. 2013 provide a $10,000 increase in amount (whichever is greater)
This Amendment Amount:
It E 6, (o 5 8 • RENEWALS: Council approval is not required when exercising an
Total Amended Amount: option to renew that is provided in the original contract.
Summary of Scope: Provide the services of a tranined and certified Medical Examiner to Whatcom County.
Term of Contract:3 months I
Expiration Date: 3/31/14
Contract Routin-e Steps & Sisnoff Sign or Initial Indicate date transmitted
1.
Prepared by:
Date:
2.
Attorney reviewed:
Date: ! 0,2, #3
3.
AS Finance reviewed: ! 4 .!
Date:
4.
IT reviewed, if IT related:
Date:
5.
Corrections made:
Date:
6.
Attorney signof£
Date: IdlUo
7.
Contractor signed:
Date:
8.
Submitted to Exec Office:
Date: 12 -2 - '3
9.
Council Approved (if required):
Date:
10. Executive signed:
Date:
11. Contractor original returned to Dept.:
Date:
Last Edited 7/24/13
399
WHATCOM COUNTY
EXECUTIVE OFFICE
311 Grand Avenue, Suite 108
Bellingham, WA 98225
MEMORANDUM
TO: Whatcom County Council Members
FROM: Jack Louws, County Executive
Jack Louws
County Executive
RE: Contract with Bayside Pathology for Medical Examiner Services
DATE: December 3, 2013
Enclosed are two (2) originals of the contract amendment for medical examiner services
between Dr. Gary Goldfogel and Whatcom County for your review.
■ Background and Purpose
This amendment extends the current medical examiner services agreement under the same
terms and conditions as the existing agreement. The parties are working on a new five year
agreement beginning in March, 2014. However, the contract for services agreement will not
be finalized before the final council meeting of the year. This two month extension will allow
the parties the necessary time to fully prepare a multi -year service agreement.
■ Funding Amount and Source
This amendment extends the term of the agreement through February 28, 2013, and
increases the maximum consideration by $68,658. in 2014, until the new agreement is in
effect. The total consideration for this contract is $2,333,589. over the 6 years and 2 month
period. The source of funds is the general fund.
■ Differences from Previous Contract
This is a two month extension of the existing agreement until a new agreement is approved
and in effect.
Please contact me if you have any questions or concerns regarding the terms of this
agreement,
Encl.
E11
Whatcom County Contract No.
Amendment No. 2 200711036-2
Whatcom County Contract No. 200711036
CONTRACT BETWEEN WHATCOM COUNTY AND
Bayside Pathology, Inc.
Medical Examiner Services Contract Extension
THIS AMENDMENT is to the Contract between Whatcom County and Bayside Pathology, Inc. dated December 7, 2007
and designated "Whatcom County Contract No. 200711036". In consideration of the mutual benefits to be derived, the
parties agree to the following:
This Amendment extends the term of this Agreement for two months through February 28, 2014, and increases the
maximum consideration by $68,658.
Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full
force and effect.
This Amendment takes effect: January 1, 2013, regardless of the date of signature.
IN WITNESS WHEREOF, Whatcom County and Bayside Pathology, Inc. have executed this Amendment on the date and
year below written.
DATED this
CONTRACTOR:
Bayside Pathology, Inc.
day of _December 2013.
Dr. Gary Goldfogel, M.D., President
STATE OF WASHINGTON )
) ss.
COUNTY OF WHATCOM )
On this _ day of , 2013, before me personally appeared Dr. Gary Goldfogel to me known to be the President of Bayside Pathology, Inc.
and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of Washington, residing at
. My commission expires
401
WHATCOM COUNTY:
Approved as to form:
Prosecuting Attorney Date
Approved:
Accepted for Whatcom County:
Jack Louws, Whatcom County Executive
STATE OF WASHINGTON )
ss
COUNTY OF WHATCOM )
On this day of , 2013, 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.
CONTRACTOR INFORMATION:
Bayside Pathology, Inc.
Dr. Gary Goldfogel, M.D.
Address:
1500 N. State Street
Bellingham, WA 98225
Contact Name: Gary Goldfogel, M.D.
Contact Phone: 360.738.4557
Contact Fax: 360.734.0467
NOTARY PUBLIC in and for the State of Washington, residing at
. My commission expires
402
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013 --- 431
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assign to:
Originator:
12/4/2013
12/10/2013
Public Works
Division Head.•
Dept. Head:
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT.
Discussion Re: Options for East/West County roadway connection
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.)
Discussion Re: Options for East/West County roadway connection
COMMITTEE ACTION:
COUNCIL ACTION.
Related County Conti -act #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Count 's website at. www.co.whatcom.wa.us/council.
403
WHA TCOM COUNTY COUNCIL AGENDA BILL NO.
2013-430
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
/126 1201
(
1211012013
Public Works, Health,
and Safety
Division Head:
EEC 2013
Dept. Head:
Mi 'c,0M COUNTY
Prosecutor:
COUNCIL
Purchasing/Budget:
A
Executive:
TITLE OF D
Discussion regarding the disposition of credit/debit card convenience fees for ticket sales onboard the Whatcom
Chief.
A TTA CHMENTS.-
Cover memo
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 RCWor WCCas appropriate. Be
clear in explaining the intent of the action.)
Public Works requests direction from the County Council regarding the disposition of credit/debit card
convenience fees for ticket sales onboard the Whatcom Chief.
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 Tunty's website at.- www.co.whatcom.wa.us/council,
[
ME
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
FRANK M. ABART
DIRECTOR
FERRY DIVISION
CIVIC CENTER ANNEX
322 N. Commercial Street, Suite 210
Bellingham, WA 98225-4042
Telephone: (360) 676-6692
FAX: (360) 738-4561
www. whatcomcounty us
MEMORANDUM
TO: The Honorable Jack Louws, Whatcom County Executive, and
Honorable Members of the Whatcom County Council
THROUGH: Frank M. Abart, Direct
FROM: Chris Brueske, P.E. Assistant Direct r
SUBJECT: Credit/Debit Card Convenience Fees for Ticket Sales Onboard the
Whatcom Chief
DATE: November 25, 2013
Requested Action:
Public Works requests direction from the County Council regarding the disposition of
credit/debit card convenience fees for ticket sales onboard the Whatcom Chief. If the
Council accepts the recommendations outlined below, Public Works will prepare an
ordinance corresponding to this recommendation for consideration by the County Council in
January 2014.
Background and Purpose:
Public Works began accepting credit/debit card payments for multi -ride Lummi Island Ferry
passes over the internet on July 23, 2013. Beginning August 23, 2013, credit/debit card
payments were also accepted for multi -ride passes at Public Works Administration's front
counter. Between July 23, 2013 and October 14, 2013, a total of sixty-seven (67) ferry
multi -ride passes were sold between the two credit/debit card payment options. The total
sales were $13,437.00. The total fees collected by the vendor, Point and Pay (PNP), on
those sales were $319.52. The current credit/debit card convenience fee charged by PNP
as allowed by their contract with Whatcom County is 2.35% of total purchase price. The
credit/debit card convenience fee is automatically calculated and passed onto the customer
by PNP at the time of the sale. Whatcom County does not receive any part of the
convenience fees.
Starting on or before January 1, 2014, Public Works will begin accepting credit/debit card
payments onboard the Whatcom Chief. We have contacted six different vendors regarding
the need to obtain a rugged handheld credit card machine so that credit/debit card
payments can be accepted onboard the ferry. Only one vendor, North American Bancard,
405
had a device that appears to meet our specifications for outdoor use. However, this device
is not able to automatically calculate and add the correct credit/debit card convenience fee
into the sale price. This poses a challenge for the purser on the ferry, who only has
approximately five minutes to collect all single -ride ferry fares From all of the customers on
the Gooseberry Point to Lummi Island ferry run. Requiring the purser to calculate and add
in the fees may result in delays in loading and unloading the Chief on runs when several
customers use credit cards. Public Works is continuing to work with North American
Bancard to determine whether an application -based payment system on a smartphone may
streamline the collection of fees.
In addition to the time challenge associated with calculating and adding the fees, there is
also uncertainty as to whether the internet fee rate of 2.35% will be appropriate to cover the
fees charged by North American Bancard. In our pilot testing of the onboard payment
system, we found that fees varied depending on the type of credit card used, and that
additional monthly fees are charged depending on the level of activity.
Recommendations
Based on the considerations above, Public Works recommends that we temporarily waive
convenience fees on single -ride transactions from Gooseberry Point to Lummi Island until
the technology becomes available to automatically calculate and add the fees into the fare.
Further, Public Works recommends that the current convenience fee rate of 2.35% be
applied to multi -ride fares purchased on the Chief, as these are only sold on the return trip
to Gooseberry Point when the purser has sufficient time to calculate the fees.
If the County Council accepts this recommendation, Public Works will prepare an ordinance
corresponding to this recommendation for consideration by the County Council in January
2014. We anticipate that the recommended fee waiver will be necessary for approximately
six (6) months. At that time, Public Works will provide an updated report to Council.
Financial Analysis
Temporarily waiving the convenience fees for single -ride fares sold onboard the Chief will
have an impact on Ferry Fund revenue, since North American Bancard charges the fees to
Whatcom County regardless of whether we pass the fees on to customers. The degree of
this impact is difficult to estimate, since we have no way to predict the volume of credit card
use on the Chief. The fares for single -ride Ferry fares range from $7.00 for a
pedestrian/passenger to $133.00 for the largest size truck. The current convenience fee of
2.35% would range from $0.16 to $3.12 per transaction. Using historic ridership numbers, it
is estimated that if fifty percent (50%) of all single -ride ferry fares sold on the ferry are
purchased with a credit/debit card, the annual loss to the Ferry Fund would be
approximately $7,000.
If you have any questions regarding this information, please contact Chris Brueske at
extension 50693.
*
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013 319 A
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
12/3/2013
12/10/2013
Public Works
Division Head:
Dept. Head:
}
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT. -
Discussion regarding council's approval of EDI funds for COB stormwater project
ATTACHMENTS:
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.)
Discussion regarding council's approval on October 8, 2013, of a request by the City of Bellingham for EDI funding in the amount of $2.5 million in
support of the North End Regional Stormwater Facility project (loan in the amount of $1,675,000 and a grant in the amount of $825,000)
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 Count 's website at. www.co.whatcom.wa.us/council.
407
JACK LOWS
Whatcom County
Economic Development
Investments Program
Application for Funding
rROM
CITY Or 9EL" N&H,4 M
Jack Louws, Whatcom County Executive
Last Updated: 9/6/2013
408
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: ww+nr.nwecon.org
• The Whatcom County Executive's Office: Executive@,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.
Bellingham North. End Regional Stormtivater Facility Page 2 Whatcom Counay EDI Application for Funding
409
Summary - Application for Funding
Applicant (Governmental Entity)
Federal Tax Number
Contact Name
Title .
Telephone
Fax
Email
Address
City of Bellingham
916001229E
Ted Carlson
Public Works Director
360-778-7998
360-778-7901
tcarlson@cob.org
210 L ottie Street
Bellingham, WA
98225
Project Tine North End Regional Stormwater Facility
Amount of EDI loan requested:
Amount of EDI grant requested:
Source of Local Match:
$ `,675,000
$825,000
City of Bellingham Street; Stormwater Fund_ $1,500,000
List other funding:
Source
TOTAL public project costs:
TOTAL private investment in plant/equipment
Date Date Amount
Requested Approved of Funding
$4,000,000
Bellingham �tortb End Regional Stornnwater Facility Page 3 Whatcom County EDI Application for4F1ning
A. Request For Funding Terms
Al. Indicate the terms of the funding 'that you are requesting hers.
Due to the significant amount of leverage by several public and private entities, the City
of Bellingham is requesting $826,000 in grant funding and $1,675,000 loan..
(a) Total number of years for repayment 10
(b) Other specific terms: 1 % interest
B. Project Description
B1. Describe the entire public facility project, including the parts that you are not asking EDl to
fund.
The North End Regional Stormwater Facility "Facility" is a treatment and detention
facility which will support development of approximately 80 acres in one of Bellingham's
employment centers. See Attachment A, Site Map. The City is taking this proactive
economic development approach to create efficiencies and decrease risk to businesses
looking to expand or locate their business in Whatcom County. The area that can be
served by the Facility is bounded by Bakerview to the South, pacific Highway to the
West, Northwest Avenue to the East and the unimproved rights of way of June Road to
the north. The Facility will provide the flow control and water quality treatment required
for converting the area from its existing condition to industriallcommercial/retail and
multifamily developments. Economic activities that will benefit from this Facility include
the 160,000 s.f. Costco Store on Bakerview Road, 15 acres of single family development,
10 acres of developable land to be used by adjacent commercial properties as well as
supporting the construction of two proposed arterial streets. The facility will Help spur
development in one of Bellingham's largest emerging commercial and industrial
centers.
A second part of the project, fully funded by the �:ity of Bellingharni, includes the
creation of a wetland bank. By providing the opportunity for developers to buy into the
proposed wetland bank the City will help reduce the cost and difficulty for developers to
mitigate wetland impacts to potential development in the area.
B1 Will this project upgrade an existing public facility? No. Build a new one? Yes. Describe:
See above.
Bellingham :North End Regional Stormwater Facility Page 4 Whatcom County ED1 application for Fund''T
B3. Specifically, what element(s) of the public facilifiy project will EDI funds pay for?
The EDI funds will only pay for the construction of the North End Regional Stormwater
Facility improvements. The design, permits and plans will be paid for by the City of
Bellingham. The property acquisition for the pond site has recently been completed and
was paid for by the City of Bellingham.
B4. Include a site map of the. area, (Materials must be reproducible in black and white and in 8
1/2 x 11 format.) identify the location of the site, public infrastructure and private development
project, existing and/or proposed.
Attachment A. Site Map
Attachment B. Economic Activity
B5. Attach engineering estimates that support project costs. Identify if estimates are from
preliminary engineering or design engineering work.
Attachment C. Engineering Cost Estimate
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.
The Facility will support approximately 80 acres of direct development, including
stormwater from Mahogany, a critical arterial connecting Pacific Highway to Northwest
Avenue_ This new arterial will support continued development in an area recently
annexed by the City and relieve congestion from Bakerview.
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 Issuer
SEPA City of Bellingham
Wetland WSDOE & USCOE
Critical Area Permit City of Bellingham
Stormwater City of Bellingham
B7. Provide preliminary project schedule. -
Preliminary Engineering Report
Environmental Review
All Required Permits Obtained
Design Engineering
Bellh gharn Plorth End Regional Storinwater Facility
Status
Anticipated
Completion
Date
Jan 2014_
April 2014
Jan 2014
Jan 2014_
Estimated Completion Date (month/year)
Complete
January 2014
May 2014
April 2014
Page 5 Whatcom County ED! Application for4i Funding
I and/Right-of- Vay Acquisition Complete
Prepare Bid Documents April 2014
,award Construction Contract June 2014
Begin Construction July 2014
Project Operational November 2014
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:
No.
(b) Explain how completion of the project is coordinated between these entities.
NIA
B9. Who will operate and maintain the public facility in this project?
The City of Bellingham's Stormwater Division.
B10. Will this project impact utility rates and public services within the jurisdiction? Explain:
Utility rates will not be impacted directly by this project.
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 D for the appropriate documents.
Bellingham North End Regional Stonmvater Facility Page 5 Nhatcorn County EDI Application for Funding
413
C. Financial information On Cities, Towns, Port Districts or Counties
C1. Will a revenue stream be generated that could repay a EDI loan in addition to funding the
operations and maintenance costs of the facility? Yes X No
They City of Bellingham will utilize the private development contributions for use of the
Facility to repay the EDI loan.
(a) If no, please identify eligible funding sources committed to loan repayment.
C2. In the context of your entity's overall annual budget, explain the need for EDI assistance.
While the $4 million project cost is a considerable financial undertaking for the City at
this time, the City is committed to completing the project. The expenses are a large
burden on the City's limited Surface and stormwater fund, so the City has borrowed
from its internal Street Fund. The money borrowed from the Street Fund has already
funded the property purchase as well as the design. The request for $2.5 million will
enable the City to complete the construction while enabling the City to carry the costs of
the improvements until the adjacent property participate in the cost recovery program.
Assistance from our local EDI fund at this time will allow this project to move forward in
2014 and be completed by November 2014, which is just in advance of the early 2015
opening of a new 160,000 SF Costco Store with a 24-pump gasoline station. An
additional 144,000 SF shopping center is also currently in the planning stages, with
completion anticipated in 2016.
C3. If the local jurisdiction is not financially contributing to the project, please explain why.
N/A
C4. Has the use of revenue or general obligation bonds, LID, ULIDS been explored for this
public facility project? Yes X No . Explain the outcome and describe why these
financing sources would or would not be applicable for this project.
The City has explored several methods of financing the improvements to the North End
Regional Stormwater Facility. Revenue and general obligation bonds are not
appropriate financing mechanisms for this project because the beneficiaries of the
project are not limited to one particular jurisdiction and its ability to issue revenue or
general obligation bonds with the assurance to its constituents that they are not simply
subsidizing benefits that will accrue to other constituents and jurisdictions. Due to the
large regional nature of the improvements, a Local Improvement District (LID) is also not
an appropriate financing mechanism because it is not possible to develop a
geographically concise "benefit area" and the development of a corresponding "benefit
equation" to apply to surrounding properties to assess a proportionate benefit share
toward the project improvements. Rather, the approach here is that adjacent property
owners can opt to buy in to this Facility (not required like a LID) or treat and detain
stormwater on their individual site.
Bellingham North End Regional Stor•inwater• Facility Page 7 Whatcom County EDI Application for u4ding
D. Private Sector Commitment
Costco Wholesale, Inc. has committed to contribute a fair share of the cost relative to
the amount of the facility they use for both the construction of a new arterial street
named Arctic Avenue (See attachments), a 160,000 SF Costco Store, and a 24-pump
gasoline station. The private residential developer to the north has also reserved
capacity for their proposed development for up to 500 new homes. PMF Investments,
the developers of the 144,000 SF shopping center, which is currently in the planning
stages, have also requested that stormwater capacity be reserved and have agreed to
pay for stormwater facility capacity used (See attachments).
D2. Describe the proposed private development or expansion project that will be supported by
the public facility project.
Costco Wholesale, Inc. has filed an application and completed a traffic study for a
160,000 square foot retail store, 24-pump gas station, 800 stall parking lot, and a
residual parcel for a 3,500 SF commercial restaurant use (see letter from Costco,
Attachment E).
PMF Investments filed pre -application plans on July 19, 2013 and is conducting a traffic
study to construct a 144,000 SF retail shopping center immediately west of the Costco
Store site (see letter from PMF Investments, Attachment F).
The Mersey LLC is proposing a multifamily development. They have reserved 15 acres
of stormwater capacity for their development
D3. Explain why the private development requires the proposed public infrastructure
improvements described in this application.
For example, the proposed Costco development will require stormwater detention and
treatment for 21 acres. Due to the site constraints, an on -site facility would require
installation of a vault or other buried system. Preliminary cost estimates for an on -site
facility of this type are around $6 million. We estimate Costco's proportional share of
the regional facility to be around $1.2 million, for a savings of $4.8 million. This regional
approach not only reduces permitting timelines and uncertainty but also reduces the
cost of doing business in Bellingham.
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.
We estimate between 550 and 750 jobs retained or created as a result of the
development associated with this facility. This estimate is based on 304,000 square feet
of retail and commercial development of the Costco and PMF development proposals.
This doesn't include the economic. impact of constructing the road, infrastructure or
residential development.
Bellingham North End Regional Stormwater Facility Page 8 Whatcoin County EDI Application for Funding
415
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 4Z 17 RCW.
Employment data estimated above is derived from employment data from the existing
Costco store on Meridian Street and Sehome Village and based on an employee per
square foot calculation. See also Attachement B showing development under
construction and in the permitting stages.
D6. Will the project provide expanded employment opportunities to disadvantaged or
unemployed workers? How will the firm work to hire people from Whatcom County?
Specific hiring details are unknown at this time.
D7. Outline construction schedule (if applicable) for the proposed private sector project.
Facility Construction Begins
Facility Construction Completed
Facility Operational
5/ 14
10/14
11/14
(month/year)
Bellingham Morth End Regional Storm water Facility Page 9 Whatcom County EDI Application foi: ffeing
D8. List all permits required for the private sector project and give the current status (applied
for, application being prepared, permit issued, etc.)
Permitf Anticipated
Environmental Completion
Review Issuer Staters Date
Costco Wholesale. Inc.: 160.000 SF Costco Store, 24-oump Gas Station. 3,500 SF Restaurant
Critical Area Permit
City of Bellingham
Submitted; Pending
12131/2013
Planned Permit
City of Bellingham
Submitted; Pending
12/31/2013
Design Review
City of Bellingham
Submitted; Pending
12/31/2013
Public Facilities (Arctic')
City of Bellingham
Submitted; Pending
12/31/2013
Street Vacation Arctic)
City of Bellingham
Submitted; Pending
12/31/2013
Stormwater Permit
City of Bellingham
Not Submitted
2/15/2014
Building Permit
City of Bellingham
Not Submitted
2/15/2014
Mersev. LLC: Un to 500 new residential homes
Critical Area Permit
City of Bellingham
Not Submitted
Undetermined
Planned Permit
City of Bellingham
Not Submitted
Undetermined
Stormwater Permit
City of Bellingham
Not Submitted
Undetermined
Building Permit
City of Bellingham
Not Submitted
Undetermined
PMF Investments: 144.100 SF Commercial Retail Sh000inq Center
Critical Area Permit
City of Bellingham
Not Submitted
Undetermined
Planned Permit
%"I'y or ot:11 iy(Ictm
Not Suuti,ktted
Lin-etert tined
Stormwater Permit
City of Bellingham
Not Submitted
Undetermined
Building Permit
City of Bellingham
Not Submitted
Undetermined
Note: All permits required to complete the project must be secured within six months of an EDI
loan or grant approval.
Bellingham North End Rzgional Storiinvater Facili Page » Whatcom County EDI Ipplication for
Funding
417
D9. What private authorizations are still needed before proceeding with the proposed private
development project?
Both Costco and PMF Investments have requested that stormwater capacity be reserved
for their commercial developments and Mersey LLC has a contract agreement with the
City to reserve stormwater capacity for residential homes development.
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):
David Rogers
Director of Real Estate Development
Costco Wholesale, Inc.
999 Lake Drive
Issaquah, WA 98027
(425) 427-7554
drogersC)_costco. com
Frank Stauff
Director of Construction & Development
PMF Investments
15015 Main Street, Suite 203
Bellevue, WA 98007
(425) 746-6066
frank a-,pmfinvestments.com.
Note: Be sure to include a contingency agreement (see sample) for each private sector.
Bellingham North End Regional Stormtivater Facility Page 11 Whatcom County EDI Applicationfor
Funding 418
E. Project Feasibility
El. Summarize the results of the feasibility analysis that supports your proposed public facility
investments.
The City of Bellingham contracted with a design firm, OTAK, in 2012 to complete a
feasibility analysis for a Regional Combined Wetland and Detention Site. The results of
the memorandum stated that there appears to be several options for locating a
stormwater facility in the north end study area to serve development. The City has since
purchased one of the proposed sites that best fit the project requirements. In February
of 2013 the City requested qualification from design firms to provide professional
services for the completion of the North End Regional Stormwater Facility. The City
contracted with Reichhardt & Ebe who have refined the design and provided the
verification that a facility can be built to provide detention for 49 acres of impervious.
Design is underway.
E2. Identify industries that are targeted for recruitment with this project.
See response to D.2.
E3. Describe a market strategy that contains action elements with appropriate timelines_ Who
will be responsible for implementing the marketing strategy?
T he system has ca acit- to serve ou acres of developable property. At this point in
Y pq� � !� � � �•
time, requests have been made to consume or use 100% of the Facilities capacity. We
do not anticipate a marketing program will be required.
E4. Describe the site`s appropriateness by addressing (at a minimum): The site itself is
located within Bellingham. Areas around the site have the following attributes:
%oning — 2ight industrial, Commercial and Residential
o Environmental restrictions — Discontinuous wetlands.
e Access to infrastructure
Water — yes, City of Bellinghar purveyor
= Sewe"r- yea Ci y of Ballingela:" a purveyor
Road — The site will be served from two new arterial streets,
"Mahogany Avenue" (east -west and currently known as Division
Street) and "Arctic Avenue" (north -south and currently known as
Dover). West Bakerview Road lies to the south and the City of
Bellingham is currently constructing $3.5 million of improvements to
the West Bakerview Overpass of Interstate 5. Pacific Highway
provides access on the west side and Northwest Drive provides
access on the east side. West Bakerview Road is directly
connected to Interstate 5 and the Bellingham International Airport, is
a designated truck route, and a route for 3 separate WTA bus lines,
including high -frequency transit service between Northwest and
Eliza.
a Rail — Rail service is available to the south and east of the site.
Electricity - yes
o Distance to markets — direct access to Interstate 5, Bellingham International
Airport, and two of Bellingham's largest commercial and industrial centers.
Close proximity to the US/Canadian border,
Bellingham North End ?Zegional:Storrnivater Facilidy Page 12 Whatcorn County EDI ARDlication for
Funding
419
o Site's ability to support the anticipated development over time.
The North End Regional Stormwater Facility improvements will be able to
provide treatment for up to 00 acres of developablearea. The City of
Bellingham will maintain the facility, and the facility will be able to provide the
treatment in perpetuity
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.
This project supports the development of various surrounding properties currently in
City. The QTAK technical memorandum evaluated multiple sites in the area. The
current site was selected based upon the ability to transport stormwater to the site,
support the largest and most likely developments, and minimize impacts to wetlands.
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?
Project funding is secured and is available to meet the established time frame for
project completion. The City has currently secured $1,500,000 for the design and
acquisition of the property. The remaining funding may be acquired by
interdepartmental loans within the City. The EDI funding would allow the City of
Bellingham to begin construction work in 2014, which is earlier than current funding
commitments allow.
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.
See Attachments with Employment Center Statistics. The business community will be
able to expand and locate in this area providing a variety of employment opportunities
to a diverse labor force.
Bellingham .North End_ Regional Stormwater Facility Page 13 Whatcom County EDI Application for
Funding
420
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.
This proposal offers the following benefits to businesses and the public:
-✓ Create efficiencies;
f Reduce cost; and
Minimize uncertainty.
The City of Bellingham is taking this proactive approach to economic development
contributing to a positive business climate for the region. The success of the Facility
will be measured by the City's ability to attract business interests
Application for Fund9ng — 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 4?/�- J `"
Print or Type Name and Title:
Bellingham_ North, End Regional Storinwater Facilit�v Page 14 Whatcoin County ED1 Application for
Funding
421
Attachment "A" Site Map
City of Bellingham
EV--0111
gSHIN�,
North End Regional Stormwater Facility
Legend
Elr
Project Area N JtfNE RD (ROW)
City Limits
Urban Growth Area 0500
Feet
ILL
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Author. E. Haggith Date: 2/12/2013 Pcoject: ev0
422
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Enaineers Cost Estimate
NortbandStormvvatarFacility
Total Project Costs
424
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Comments
Pos,sibip, project no work to
date.
See Map CF6, 6tormwater
Projects Projected 2004-
2022
still remain due to budget constraints_ Projects on this list should be
incorporated as funding allows.)
7. City/County Squalicum Creek stormwater utility feasibility study and
revenue sharing of County flood control tax money. Cost. $150,000.
(No- te: This is a proposal to create a utility to fund solutions for
problemsin the Squalicum Creek Corridor. 111ost of the watershed is
wltil%n the County'/ with no dedicated mechanism to alleviate problems
such as priFvate culvert blockages and protection of the riparian
corridor.)
STORMWATER— MITIGATING MEASURES
• In order to mitigate detrimental impacts, new development and
redevelopment should utilize all known and reasonable technologies
From 2004 FENS, Appendix 5 (AKART) to limit its effects on stormwater and the environment.
AKART presently includes the use of the 2001 Department of Ecology
Stormwater Manual for Western Washington. Programs and
regulations should be consistently administered to meet this standard.
• Low Impact Development standards and technologies should be
incorporated wherever possible to aid in the reduction of stormwater
impacts.
• The recommended improvements in the Watershed Master Plan and
WRIA planning process should be implemented.
• Regional detention and water quality facilities should be used
wherever feasible to provide economies in space. `+
• Regulations that govern ongoing stormwater discharge from existing
developed areas should be vigorously enforced to limit pollutant
loading.
• To the extent that is financially possible, existing stormwater systems
should be retrofitted with Best Management Practices (BMP's) that
reduce pollutant loading from the existing condition.
FART 3. FIRE PROTECTION, EMERGENCY MEDICAL,
AND LAW ENFORCEMENT SERVICES
FIDE PROTECTION
CITY OF BELLINGHAM
See Map CF7, Existing Fire
Protection Facilities & The Bellingham Fire Department and Whatcom Medic One provide fire
Jurisdictions, City of suppression, life safety education, code compliance, and emergency
Bellingham, UGA, and Urban medical services (EMS) out of six fire stations and two county ambulance
Fringe, 2005 stations (See Map CF.7.). The Life Safety Division performs fire code plan
Bellingham Comprehensive Plan, Capital Facilities Chapter CF-21
425
Bellingham Comprehensive Plan 2 0 1 3
Economic Development Chapter
Policy ED-28 Develop or support programs that seek to provide an increased supply of
workforce housing.
Bellingham's transportation network and other infrastructure is an important asset in terms of
encouraging and accommodating economic development. Traditional infrastructure provided by a
municipality includes roads, water, sewer, stormwater and similar facilities and systems.
Policy ED-29 Continue to provide adequate and efficient community infrastructure such as
roads, water, sewer, stormwater management and other public facilities and
services.
Policy ED-30 Coordinate City investments in utilities, transportation and other public
facilities with business and employment opportunities whenever possible.
Policy ED-31 Maintain the adopted level -of -service standards for police, fire and emergency
medical services.
Policy ED-32 Explore the use of wetland mitigation tools such as mitigation banking or in -
lieu -of fees that allow for more streamlined permitting and improved mitigation
success.
Policy ED-33 Explore the feasibility of adopting a regional approach to stormwater
management when it can be shown to provide equal or better functions than on -
site treatment.
Policy ED-34 Encourage continued and expanded transportation options connecting Portland,
Seattle, Bellingham and Vancouver, B.C.; and ferry service to the San Juan
Islands, British Columbia and Alaska.
Policy ED-35 Support the Port of Bellingham's efforts to advance the Bellingham International
Airport, providing greater access to other marketplaces while also benefiting the
local economy.
Policy ED-36 Encourage and support the development of technology and telecommunications
infrastructure citywide and throughout the region.
Many opportunities exist to reclaim and repurpose vacant, obsolete or contaminated land and
buildings to improve community health and safety, increase environmental quality and provide
economic benefits in these areas.
Policy ED-37 Promote the efficient use/reuse of employment lands by coordinating with
other levels of government to support and encourage the cleanup of
contaminated soil and other environmental remediation activities.
Policy ED-38 Identify and remove barriers to redeveloping underutilized and/or vacant land
and buildings.
Page 10 of 13 1 Draft June 3, 2013
426
Attachment E
August 15, 2011
Mr. Ted Carlson, Director
Bellingham Public Works
210 tettfe street
Bellingham, :WA 9S22S.
Clear Mr. Carlson,
in 2sSgGiatii3n with our pans to coristruet a new 160,000 square focit Caste Store with a 24-pump
gasoline station, Costco Wholesale Corporation hereby commits to fund and construct Arctic Avenue,
(loin erf,� fefer.e i to 3{ �+o�er) ±>< CCty of ae1tlnCian; colltictar art6ria! standar�3s bwt=teen West
gakerview Road ;and Mahogany Avenue (formerly referred to as Division). In addition, Costco is
undertaking Due Diligence to determine the feasibility of constructing approximately 1,000 linear feet of
b7ahagvrnyAvenue (formerly referred to as [division) fa City of Bellingham collector arterial standariis
between Northwest drive and ArcticAvenue. We plan to start construction cin both Arctic Avenue and,
the section of Mahogany Avenue (contingent on favorable cost to construct) In autumn 2014 in
anticipation of an autumn 2015 opening, for the new Stare.
Costco understands and appreciates that Bellingham is making conceited efforts to. find and commit
funding to construct the remaining 2,200 Unear feet of Mahogany .-Nvenue collector arterial between
Arctic Avenue and Pacific Highway. Our hope is that Bellingham can secure grant funding and
tomMence construction sourer rather than later as the entirety of Fire Niahoganyarterial link isviewed
as critical to the success of our stare and to other development in this part of Bellingham.
We are pleased to enter into This public-prirate partnership with the City and look forward to working
with you and your staff to develop the streets needed to serve this area of Bellingham.
5incerely,.
fjtrvid Ci Rogers
Director of Cleat Estate CDevelopn;gg it
CC. Chris CoTrieau
999 Joke Driye • lssaquab, y+/.A P8027 . ..251313-8100 - www.costco.com
Bellingham North. End Regional Stormwater Facility Page 15 Whatcom County EDI Application for -
Funding
427
Attachment F
P1A F INVSi-TMENTS
August 06. 2Oia
Mr. Sant Shipp
City of Bellingham Public Works Department
2,10 Lottie Street
Bellingharn, WA 98225
Subject: RE: Bellingham Fletall Request for Use of Regional Detention Facility
Application Number: PRE2013-00049
Site Address,1558 West Sakerview Road
Parcel Numbers: 360211313040, 380211293036, 360211276039. 380211258084,
380211282099.
Dear Mr. Shipp,
This letter is written to formally request use of ttte proposed regional storm water facility, which is in the
preliminary stages of design, and is proposed to be located north of the site. It is understood (hat the
project must meet the city of Bellingham and 2012 Department of Ecology Storm Water Maintenance
fulanual for Western Washington requirements for flow control and that storm wates system development
charges must be paid prior to use of the facility.
The preliminary site plan currently shows 11.21 acres of impervious surface. A fee total will be calculated
using the cky's current Water, Savrer, Stormwater and Transportation Impact Fees sheet, upon submittal
of construction documents to the city for review.
Based on the current site plan and associated percentage of impervious area, the detention volume
calculated in the draft storm water report, prepared as part of the pre -application submittal package is
7.03 acre-feet.
Please feel free to contact me if you have any questions or require additional Information.
Sincerely,
PfulF Investments.
f
Frank Stauff
Director of Construction & Development
Cc: Jason [sorter, Utility Engineer- Public Works Departrr:ent
Kathy Sell, Planner - Planning & Community Development Department
P
;FJtv+.dJ,}; RtrlahN=;l<ri�^Rt ,'U�i1
Bellingham North End Regional Stormivater Facility Page 16 Whatcom County EDI Application for
Funding
Northwest Economic Council
WHATCOM C OUNTY
EDI Program Technical Advisory Committee (TAC)
Funding Application Assessment
Applicant: City of Bellingham
Project Title: North End Regional Storm -water Facility
Amount Requested: $1,675,0oo Loan, $825,0oo Grant
TAC Meeting Date: September 13, 2013
Attendees: TAC members Gary Jones, Jeff Kochman and Pinky Vargas; Bob
Wilson, WCOG/NWEC staff.
Scoring: Following a discussion of the application the TAC members collectively scored it
using the Northwest Economic Council EDI Technical Advisory Committee Project Scoring
Sheet, which is attached herewith. The following are the scores the application received by
category:
Economic Impact:
Environment & Quality of Life:
Safety & Public Support:
Fiscal Considerations:
27.5 out of a maximum 33 points
7/15
5/9
7/15
Project Readiness: 6 / 12
Bonus Points: loo / loo (Build It and Jobs Will Come)
Bonus Points: �oo�Loan./Grant Combination)
TOTAL:
202.5 / 284
The score of 2o2.5 places the application in the "compelling" range, which is 170 to 284.
Comments: The TAC agreed that it would have benefitted by the presence of a
representative of the City at the meeting to provide more detail about the "private
development contributions" that will be used to repay the requested loan. Specifically, the
TAC wanted to know if that refers to the $1.2-million indicated on Page 8 as "Costco's
proportional share of the regional facility"? The TAC also felt that there was not enough
information in the application to answer the question of whether the City has a
"demonstrated need for financing."
429
Northwest Economic Council EDI Technical Advisory Committee
PROJECT SCORING SUMMARY
Applicant:C;f4 io" Se I(inAhecwt Project Name: Nor EAd 5V0rWW-krDate:flz 3 Lzoo
S = Strong
M = Medium
W = Weak
3 pts 2 pts 1 pt
S M W
ECONOMIC IMPACT
Develops economic development infrastructure
_✓ _
Retains or grows existing businesses
Spurs additional private sector investment
Will create new jobs
Will retain existing jobs
Provides above average wages
✓
Promotes community revitalization
Will have significant local impact
_
Will have significant regional impact
Project will likely result in lasting benefit to the local community
Project will likely result in lasting benefit to the regional community
.Z7. S33 points
ENVIRONMENT AND QUALITY OF LIFE
✓ /
Protects and/or improves the natural environment
V
Supports the sustainable use of environmental resources
✓
Provides significant contribution to improved health or quality of life
Will contribute to public safety, public health or aesthetic improvements to
/
community
V/
Reduces pollution — water, wastewater or storm -water drainage
—1—/15 points
SAFETY AND PUBLIC SUPPORT
✓
✓
Project improves safety
issue
Project addresses a current safety
_
Project is supported in approved local plans
S /9 points
FISCAL CONSIDERATIONS
Project budget is well thought out and reasonable
Match funds in hand and sufficient
Is there a demonstrated need for financing
loan demonstrated
f/
Source of repayment
Asking for both grant and loan
f/15 points
430
3 pts 2 pts 1 pt
S M W PROJECT READINESS
2.5 1.5 /
✓ Level of completion - engineering and design
Detailed schedule provided
�^ Extent to which permits, approvals and other authorizations are met
Time period over which private investment will occur and jobs created
6 /12 points
`!�7 Total Number of Boxes Checked
x3 x2.5 x2 x1.5 x1 Multiplied by Associated Points
,7-/ .2X /G 6 7 Total of Each Column
.-x. ,s-- POINTS SUB -TOTAL (Maximum of 84)
Bonus Points:
Add: 100 points if Project is "Jobs In Hand"
Add: 50 points if Project is `Build It and Jobs Will Come"
Add: 25 points if Project is "Community Enhancement"
Add: 100 points if Request is Loan Only
Add: 50 points if -Request is Loan/Grant Combination
Add: 25 points if Request is Grant Only
/ J D BONUS POINTS SUB -TOTAL (Maximum of 200)
,2_02. 15-' TOTAL POINTS (Maximum of 284)
SCORING ASSESSMENT
Range of Points
284 to 170 points = Compelling Application - funding should be strongly considered
169 to 125 points = Moderate Application - funding might be considered
Less than 125 points = Weak Application - funding should not be considered
Compiled by (initial) </
431
Notes of EDI Board Meeting
Board Members present at Meeting:
Jack Louws, County Executive
Kelli Linville, Mayor, City of Bellingham
Scott Korthuis, Mayor, City of Lynden
Stephen A. Jones, Agricultural Industry
Kathy Kershner, County Council Chair
Board Members absent:
Michael McAuley, Port of Bellingham
September 23, 2013, 10:00 a.m.
Jeff McCLure, PUD#1
Aubrey Stargell, Timber Industry
Bill Gorman, Chamber of Commerce
Jim Kyle, Fishing Industry
Jeff Kochman, NWEC
Bob Bromley, Mayor, City of Sumas
Staff present:
Suzanne Mildner (Board Clerk, Executive Office)
Guests present:
Dodd Snodgrass, Brian Gouran and Rob Fix from the Port of Bellingham; Ted Carlson
and Brent Baldwin from the City of Bellingham; Paul Schissler; Bob Wilson (WCOG)
1. Welcome and Introductions
Board Chair, Executive Jack Louws called the meeting to order and introductions were made.
2. EDI Fund Review — Status as of 7/31/13
A review of the Public Utilities Improvement/EDI Fund was given as of 7/31/13. Executive
Louws briefly went over the revenues, expenditures and commitments noted on the
spreadsheet. A second handout was reviewed, which outlined the Projected Cash Balance
through 12/31/14, calculated with the assumption that both of today's applicants would have
been fully funded. With this scenario, the estimated fund cash balance on 12/31/14 would be
$1.9-million. It was also noted that this would mean we likely wouldn't be in a position to fund
new applications until late 2014 or 2015, depending on revenues and the timing of committed
funds being expended.
3. EDI Program — Application Process Update
Executive Louws informed the board that the use of the Application checklist had been omitted
recently following the transition to the TAC review process. Since the checklist is useful to
ensure an application is complete, we will begin requiring its use for future applications.
Further, one of the application requirements noted on the Checklist is the submission of a
signed Resolution from the local elected officials. This document is useful as it affirms that the
elected leaders of the jurisdiction have provided their approval for the application and the project
budget as a whole. So in future, a complete EDI application will include a signed Resolution.
4. Application: Port of Bellingham's "C" Street Terminal Upland Infrastructure
Rehabilitation Project
Rob Fix introduced Brian Gouran, POB's Environmental Project Manager. Brian spoke briefly
about the value of this project, and the Brownfields concept, the scope of which involves clean
up through redevelopment. They are integrating their clean up with marine infrastructure
development, stormwater management and upland infrastructure rehabilitation. Dodd
Snodgrass said the Port's EDI fund request is for gap financing for this $12.4-million project.
There are two Port tenants on the project site: BMI (Bellingham Marine Industry) and Colony
Wharf. These tenants currently pay lower than market rents. They are also committing their
own (private) investment towards improvements for this project. This project will result in job
retention and new job creation by attracting new support industry. Executive Louws asked Jeff
Kochman to comment on the TAC's review findings. Mr. Kochman explained that the committee
432
EDI Board Meeting Notes
9/23/13
Page 2
had expected representatives from the Port to be present at their meeting. Since that wasn't the
case, they had some questions that were unanswered so their results may reflect this to some
degree. He asked if the map (handout) showed the entire project area, to which Dodd replied
yes. The TAC gave a favorable review for the project. Mayor Korthuis commented that he is in
favor of the project, and likes that the loan term requested is only 7 years, which means loan
monies will be returned to the fund relatively quickly. Mr. McClure asked Mr. Fix about the 2
lessees, and whether or not longer term leases are being sought, to which Mr. Fix replied in the
affirmative. Jim Kyle supports this project and made some comments regarding the changeable
marine trade in our community. He asked Mayor Linville if City of Bellingham supports long
term survival of the marine trades, to which Mayor Linville replied "Absolutely, yes." And she
commented that the Port of Bellingham is much better suited to managing this area than the
City is. She is very much in support of this project.
Mayor Korthuis moved that the EDI Board recommend approval to the County Council for fully
funding this project application ($2-million loan and $1-million grant). Mayor Linville seconded
the motion. Executive Louws called for a vote on the motion, which was taken. Motion
Passed unanimously 10-0.
5. Application: City of Bellingham's North End Regional Stormwater Facility
Ted Carlson addressed the board about the needs and benefits of locating a regional facility in
this area for water treatment, flow and detention. The regional approach makes sense in this
area, transforming it from its existing condition to industrial/commercial/retail and multifamily
developments. Costco is coming into this area with plans for a new 160,000 square foot
building. This project will also help spur future development. The City is asking for construction
money, both grant and loan, with the loan term being 10 years. And from a cash flow
perspective this is gap funding. They also have some private investment in the project. The
projected timeline for completion is late 2014. Mayor Korthuis asked if the facility is now
planned to capacity; is there any room for growth? Mr. Carlson answered that there are
opportunities in this area to build a second facility — detached from this one. Mr. Kochman
stated that the TAC provided their support for this project. Mr. McClure asked if the loan term is
negotiable, to which Mr. Carlson replied yes, the City would be able to consider a shorter term.
Executive Louws called for a motion. Mr. Kochman moved that the EDI Board recommend
approval to the County Council for fully funding this project application ($1,675,000 loan and
$825,000 grant). Steve Jones seconded the motion. Mr. McClure requested a friendly
amendment to include possible negotiation of loan terms for a shorter term or early prepayment
of loan principle, if possible by COB. Executive Louws accepted the amendment and called for
a vote on the motion, which was taken. Motion passed unanimously 10-0.
6. Other business.
Mr. Stargell asked for an update on the status of the Foothills Broadband project. Executive
Louws said that the fund commitment still stands. He had received an email from Mr. Jilk of the
PUD #1 that they are still working to get other investors and plan to come back to the EDI Board
in the near future with another request to augment their current project budget.
There being no further business, the meeting adjourned at 11:15 a.m.
NEXT MEETING DATE: TBD
Respectfully Submitted,
Suzanne Mildner,
Clerk, EDI Board
Whatcom County Executive Office
433
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WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-271
CLEARANCES
Initial
Date
Date Received in Council O tce
A jenda Date
Ass* ned to:
Originator:
Wain Harrison
/J ���
�(7} jL� v E Lam/
DEC 1
7/23/13
Special COTW
Division Head:
Wain Harrison
ld.' •
/�"��" /
12/10/2013
P&D Committee
Dept. Head:
J.E. "Sam " Ryan
Prosecutor:
Royce Buckingham
?
W �j r M COUNTY
Purchasing/Budget:
Brad Bennett
COUNCIL
Executive:
Jack Louws
VENT:
1
TITLE OF DOC
Ordinance to adopt the 2012 editions of the International Codes, and the 2012 Uniform Plumbing Code,
consistent with State law and including WA State and Whatcom County Amendments to the Codes.
ATTACHMENTS:
Cover sheet, Ordinance and signature page
SEPA review required? ( ) Yes ( X) NO
Should Clerk schedule a !tearing? ( ) 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 mustprovide the language for use in the requiretlpublic notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the faction.)
An ordinance to update and revise WCC Chapter 15 and adopt the 2012 editions of the International Codes
published by the International Code Council, the Uniform Plumbing Code, consistent with Washington State
law, also including the Washington State and Whatcom County Amendments to the 2012 International Codes. In
accordance with Washington State law, the adopted codes are to be effective July 1, 2013.
This ordinance adopts the 2012 editions of the IBC, IRC, IFC, IMC, IFGC, UPC, referenced standards, all
Washington State Amendments to the adopted codes and all Whatcom County Amendments to the adopted codes
for administration, appendices and enforcement, as set forth in WCC Chapter 15.
COMMITTEEACTION.•
COUNCIL ACTION.
7/23/2013: Staff report presented, but not
discussed. Referred to Planning Committee
at a later date.
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.
I-IAMptngOrdne-Chapter 15\2012 I -Code agenda_bill.doe 436
WHATCOM COUNTY "noM C0`J.E. "Sam" Ryan
Planning & Development Services s? ti„ Director
5280 Northwest Drive
Bellingham, WA 98226-9097
360-676-6907, TTY 800-833-6384 �9sHiN�10
360-738-2525 Fax
Date: November 21, 2013
To: Whatcom County Council
Through: J.E. "Sam" Ryan, Director
From: Wain Harrison, Manager Building Services/Deputy Fire Marshal 1,V
Subject: Ordinance to revise and update WCC Title 15
This ordinance proposal revises Whatcom County Code (WCC) Chapter 15 to adopt,
at a County level, the 2012 editions of the codes adopted by the Washington State
Building Code Council (SBCC) pursuant to Chapters 19.27 and 70.92 RCW. The
codes are revised and updated on a 3-year cycle. Once they are published the
SBCC reviews them and submits amendment recommendations to the State
Legislature to adopt.
Local jurisdictions are allowed and encouraged to amend and modify the
administrative chapters of the various code editions. They also have the option to
adopt and amend appendix chapters of the code. This ordinance proposal for the
revision of WCC Chapter 15 includes the amendments and modifications
recommended by Planning & Development Services. The most significant changes
throughout the draft chapter have been highlighted in color for Councilmember
identification.
The sections highlighted in gray indicate the original proposed changes. The
sections highlighted in yellow indicate revisions to the draft made following the first
meeting with a committee from the Building Industry Association of Whatcom
County (BIAWC) in August. The sections highlighted in blue indicate final revisions
to the draft made following the second meeting with the BIAWC in September. The
following is a summary of the most significant changes:
Section 15.04.020, Subsection A, Item #1:
Language was added to cross reference and defer all flood review of building
permits pursuant to WCC Chapter 17, Flood Damage Prevention.
Section 15.04.020, Subsection A, Item #6:
Page 1 of 4
437
Language has been added giving PDS control of what measurement standard
(Standard English versus Metric) plan drawings and other information are submitted
under.
Section 15.04.020, Subsection A, Item#7:
Language was added to refer any appeals related to grading activity associated with
or conducted within regulated critical areas to the Hearing Examiner, per WCC
Chapter 16, instead of through the Appeals Board.
Section 15.040.040:
The most significant number of amendments in the draft are noted in WCC Section
15.04.040, Amendments to the International Fire Code (IFC). The majority of these
are updated versions of standards that were originally codified as far back as
Ordinance #89-75, approved in 1989, or have been administered as policy by the
Fire Marshal's office since that time. The remaining sections are modifications
recommended by the Fire Marshal's office to provide alternatives and flexibility for
compliance in designing building projects while providing an acceptable balance of
safety for building occupants, emergency responders, and property preservation.
Subsection A, Item #4:
RCW 18.160.070 refers to licensing requirements for installation contractors of
underground work for fire protection systems connected to sprinkler systems. The
language in the draft allows the Fire Marshal to require Level U licensing in any
cases where negligent or substandard underground work is discovered.
Subsection A, Item #7:
Commercial hoods and suppression systems are dimension specific to the cooking
array layout and need review when altered. The signage provides notice of that to
business owners.
Subsection A, Item #8:
Clarifying language is added for underground fuel tank removal.
Subsection A, Item #10:
Language has been added to help clarify areas of responsibility between the Fire
Marshal and the individual Fire Districts.
Subsection A, Item #11:
Language was added to reinstate road standard sections in IFC Chapter 5 not
adopted by State Amendment. Local jurisdictions retained that option per Chapter
51-54A WAC, as authorized per RCW 19.27.060, #5.
Page 2 of 4
Subsection A, Item #12, Appendix B, Fire Flow Requirements for Buildings:
As highlighting indicates, Appendix B has been substantially revised and updated.
The intent is to recodify and update many policies and standards that have been
historically administered by the Fire Marshal's office and make the information
readily available to the public. The intent is also to modify IFC Appendix B to make
it somewhat less restrictive and to provide multiple options for meeting fire flow
requirements. IFC Section 507.1 states that "an approved water supply capable of
supplying the required fire flow for fire protection shall be provided to premises
upon which facilities, buildings, and portions of buildings are hereafter constructed
or moved into or within the jurisdiction." Adopting IFC Appendix B allows the Fire
Marshal's office to amend IFC Section 507.1 and provide options, alternatives, and
some clarification, as indicated by the following highlighted portions of Subsection
A, Item # 12 :
Subsection a, IFC Appendix B, Section B103.1, Decreases. Language has been
added to clarify that reductions and alternatives can be considered for approval.
This paragraph is actually a combination of excerpts of existing language from IFC
Appendix B, Section B103.1, and IFC Chapter 1, Scope and Administration, Section
104.9.
Subsection b, IFC Appendix B, Section B104.1, outlines methodology for measuring
fire flow area.
Subsection c, IFC Appendix B, Section B105.1, Item #1, restates the current and
historic status quo thresholds to require automatic sprinkler systems in residential
and residential accessory buildings.
Subsection d, IFC Appendix B, Section B105.2, includes definitions that differentiate
between agricultural buildings, agricultural processing buildings/facilities, and
outright manufacturing buildings/facilities. This helps to clarify how and why
different Fire Code requirements are applied to different types of buildings and
facilities.
Subsection d, IFC Appendix B, Section B105.2, Item #1, lists minimum fire flow,
flow duration requirements, and fire flow exceptions for Group U occupancies,
which include private garages, detached shops, agricultural storage buildings, and
the like.
Subsection d, IFC Appendix B, Section B105.1, Item #2, lists minimum fire flow
requirements, reduction criteria, and fire flow exceptions for Group U agricultural
processing buildings.
Subsection d, IFC Appendix B, Section B105.1, Item #3, lists and adjusts minimum
fire flow requirements, and fire flow exceptions for commercial buildings according
to occupancy group.
Page 3 of 4
439
Subsection d, IFC Appendix B, Tables B105.1:
This is the base table, modified by the Fire Marshal's Office, of unadjusted fire flow
rate and duration requirements for commercial buildings calculated according to
building construction type and area.
Subsection d, IFC Appendix B, Table 105.2:
This table includes fire protection credits for reducing fire flow requirements of one -
and two-family dwellings.
Subsection d, IFC Appendix B, Table 105.3:
This table includes fire protection credits for reducing fire flow requirements for
commercial buildings.
Subsection A, Item #13, IFC Appendix C:
Language has been added to include an alternative to fire flow infrastructure
(hydrants) for subdivisions and plats.
Subsection A, Item #14, IFC Appendix D:
Language has been added in Item #2, subsection g, regarding additional safeguard
requirements where access grades on private roads and driveways are steep
enough to inhibit emergency apparatus access, especially in poor weather
conditions.
Item #2, subsection h, includes language modifying thresholds where access road
upgrade requirements are triggered.
Item #3 includes language requiring a permit for gates installed across emergency
apparatus access roads and driveways. The minimum net opening width of any gate
shall not be less than 12 feet.
Exhibits A through D:
These exhibits include details that were coordinated between the Public Works
Department and the Fire Marshal's office. They have been vetted by the Public
Works Technical Advisory Committee, approved by the County Executive's office
and are included in the updated Whatcom County Development Standards and
cross referenced in the exhibits.
15.04.050, Subsection B, Item #2:
Language has been added to this enforcement section to clarify the department's
authority and discretion regarding non-exempt work done without a permit.
Page 4 of 4
SPONSORED BY:
PROPOSED BY:
INTRODUCTION DATE:
ORDINANCE NO.
An Ordinance adopting the Current State Building Code and Repealing the
Existing Title 15 of the Whatcom County Code
Whereas, the Whatcom County Council held a public hearing on , 2013 to review staff
findings and recommendations, and to consider any public testimony and written
correspondence regarding Whatcom County Code Title 15, Buildings and Construction; and
Whereas, chapter 19.27 RCW requires Whatcom County to administer and enforce the State
Building Code in the unincorporated areas within its boundaries; and
Whereas, the purpose of these codes is to promote the health, safety and welfare of the
occupants or users of buildings and structures and the general public by the provision of
building codes in Whatcom County; and
Whereas, RCW 19.27.040 allows local jurisdictions to adopt appropriate amendments to the
State Building Code; and
Whereas, modifications and/or amendments to the State Building Code as it applies to
Whatcom County are desirable for various reasons; and
Whereas, the State Building Code Council requires adoption of the 2012 edition of these
International Codes; the 2012 edition of the Uniform Plumbing Code; the 2012 edition of the
State of Washington Energy Codes; and the 2012 editions of the State of Washington
Amendments and other referenced codes, with further Whatcom County amendments, by July
1, 2013;
NOW, THEREFORE, BE IT HEREBY ORDAINED that:
Section 1. Title 15 of the Whatcom County Code is repealed in its entirety:
Section 2. A new Title 15 is hereby adopted as shown in Exhibit A to this Ordinance.
Section 3. 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
441
other than the part so declared to be invalid.
ADOPTED this day of 12013.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk Chairperson
APPROVED as to form:
Civil Deputy Prosecutor
( ) Approved ( ) Denied
Date:
Jack Louws, Executive
442
EXHIBIT A
Chapter 15.04
BUILDING CODES
Sections:
15.04.010 Adoption of referenced codes.
15.04.015 Department of Building Safety.
15.04.020 Amendments to the International Building Code.
15.04.030 Amendments to the International Residential Code.
15.04.040 Amendments to the International Fire Code.
15.04.050 Permit expirations and violations of the above referenced
codes.
15.04.010 Adoption of referenced codes.
Whatcom County hereby adopts the following ,codes, as amended by the
Washington State Building Code Council pursuant to RCW 19.27 and 70.92 or
successor, for the purpose of establishing rules and regulations for the
construction, alteration, removal, demolition, equipment, use and occupancy,
location and maintenance of buildings and structures, including permits and
penalties.
A. The 2012 International Building Code, including the 2012 International
Existing Building Code; Appendix B, except as amended per Ordinance
#2007-024, Board of Appeals; and including Appendices C, E and J, as
published, by the International Code Council, hereinafter referred to as the
IBC, as modified by Chapter 51-50 WAC or successor, and as amended in
WCC 15.04.015, 15.04.020 and 15.04.050 is hereby adopted by reference.
B. The 2012 International Residential Code, including Appendix E, G, and K,
as published by the International Code Council, hereinafter referred to as
the IRC, and as modified by Chapter 51-51 WAC or successor and as
amended in WCC 15.04.030 and in 15.04.050, is hereby adopted by
reference with the following additions, deletions and exceptions: Provided
that Chapters 11 and 25-42 of this code are not adopted.
C. The 2012 International Fire Code, including Appendices A, B, C, and D and
latest supplements, as published by the International Code Council,
hereinafter referred to as the IFC, as modified by Chapter 51-54A WAC or
successor, and as amended in WCC 15.04.040 and 15.04.050.
D. The 2012 International Mechanical Code, including Appendix A, as
published by the International Code Council, hereinafter referred to as the
IMC, as modified by Chapter 51-52 WAC and as amended by WCC
15.04.050 or successor.
1
443
E. The 2012 International Fuel Gas Code, as published by the International
Code Council, hereinafter referred to as the IFGC, as modified by Chapter
51-52 WAC and as amended by WCC 15.04.050 or successor.
F. The standards for liquefied petroleum gas installations shall be the 2012
edition of IVFPA 58 (Liquefied Petroleum Gas Code) and the 2012 edition of
ANSI Z223.1/NFPA 54 (National Fuel Gas Code), adopted by reference in
WAC 51-52 and as amended by WCC 15.04.050 or successor.
G. Except as provided in RCW 19.27.170, the 2012 Uniform Plumbing Code,
Uniform Plumbing Code Standards (IAPMO/ANSI UPC 1-2012), and
including Appendix A, B, C and I, as published by the International
Association of Plumbing and Mechanical Officials, hereinafter referred to as
the UPC, as modified by WAC 51-56 and as amended by WCC 15.04.050
or successor.
H. The rules adopted by the Washington State Building Code Council
establishing standards for making buildings and facilities accessible and
usable by the physically disabled or elderly persons as provided in Chapter
51-50 WAC, IBC Chapters 10 and 11, IBC Appendix E and ICC/ANSI
A117.1 2009 or successor.
The 2012 Washington State Energy Code, per WAC Chapter 51-11C,
Commercial Provision, 51-11R, Residential Provisions, and Appendix
Chapters or successor, hereinafter referred to as the WSEC.
J. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition,
or successor. (Ord. 2004-064 § 2)
K. Design data for Whatcom County shall be per Section 15.04.030,
Subsection D, item #1
15.04.015 Department of Building Safety
Section 103 is amended as follows:
103.1 Creation of enforcement agency. The Department of Building Safety
is hereby created and the official in charge thereof shall be known as the
Building Official. The Department of Building Safety is hereby referred to
as the Building Services Division of the Whatcom County Planning and
Development Services Department (WCPDS).
103.2 Appointment. The Department Director is the Building Official. The
Director may appoint an alternate designee at his/her discretion.
103.3 Deputies. In accordance with the prescribed procedures of this
jurisdiction and with the concurrence of the appointing authority, the
Building Official shall have the authority to appoint a deputy building
official, the related technical officers, inspectors, plans examiners and
2
444
other employees. Such employees shall have powers as delegated by the
Building Official.
15.04.020 Amendments to the International Building Code.
A. The IBC is amended as follows:
1. Section 104.1 is amended with -the following additional language:
2. Section 105.1, Required, is amended to include the following:
a. Commercial project proposals require pre-screening for a waiver
(from pre -application meeting) or a pre -application meeting prior to
permit application submittal. Pre-screening may be waived at the
discretion of the Building Official for minor projects such as simple
signs, single unit small equipment foundations, and projects of similar
minor scale and impact. Information and document submittals for the
purposes of waiver or pre -application are not intended to meet the
standard for a complete permit application and do not constitute project
vesting. However, :"_information, requirements and conditions received
by the applicant(s) and/or their agents or consultants for a given
project proposal, as part of the waiver or pre -application process, will
be considered vested, regardless of change of adopted codes or
regulations, if a complete permit application is received within 30
consecutive days from the date of waiver or pre -application meeting.
Such information, requirements and conditions are not intended or
represented as a ''complete or comprehensive list of project
requirements. Significant changes in the scope of a project proposal
may require additional screening for another waiver or pre -application
meeting.
b. Whatcom County (the County) may require that a covenant or
agreement be recorded against the deed(s) applicable to the location
and/or operation of a given project to inform future property owners of
the current restrictions or approved land uses. The County may draft
the covenant or agreement upon whatever terms the County in its
discretion deems proper.
c. A coordinated master site plan (MSP), demonstrating consistency in
the layout of the project proposal with all applicable regulatory
requirements, is required to be submitted by the applicant and/or
3
445
project design professional in substantial charge prior to permit
issuance. In general, a coordinated MSP will be required for projects
exceeding a construction value of $200,000.00, but may be required
for any project the Building Official deems necessary. County staff will
review the site plan(s) in the application file for regulatory conflicts and
discrepancies prior to plan check. County staff will notify the applicant
and/or design professional of identified conflicts or discrepancies to be
reconciled. The master site plan may be one page which incorporates
all applicable regulatory review overlays when practical. It may also
include multiple overlay pages for readability purposes provided they
have been verified by County staff for regulatory consistency. Once the
coordinated MSP has been reviewed and approved, application review
processing will continue.
d. A state licensed contractor may obtain a permit, as required by the
mechanical and plumbing codes, throughmail-in applications for work
not exceeding $10,000 valuation and not requiring plans and
specifications and not in conflict' with state or local zoning and
environmental policies and with the. prior approval of the building
official
e. The applicant shall fill out in full the forms furnished for that purpose,
and attach thereto the full amount of moneys that are required for fees
as required in the respective codes. The application shall contain all
information necessary to the lawful enforcement of the provisions of
the respective codes. The applicant shall file all forms with fees.
f. No person, firm, partnership, corporation or other entity shall perform
work as provided herein until such time as they receive verification of
approval of their application by the county building official and have
been given written` notice of a valid permit.
g. Any violation of this chapter shall be cause for the building official to
revoke the mail -in applications privilege of the violator. Upon written
notice of revocation, all provisions of the mechanical and plumbing
codes superseded by this chapter shall resume in full force and effect
as to the person or industrial plant whose application has been
revoked.
3. Section 105.2, Work exempt from permit, is amended to read as
follows:
a. One-story detached, non -occupied accessory structures without
basements, used as tool and storage sheds, playhouses and similar
uses, provided that 1.) The floor area does not exceed 120 square
feet. [11 sq. m] 2.) Accessory structures maintain a minimum
separation of 10 [ten] feet [3048 mm] between exterior walls, and a
minimum separation of 8 [eight] feet [2438 mm] between eaves of
M*
adjacent buildings on the same property and 3.) Provided that
accessory structures meet all applicable setback requirements.
b. Fences not over 7 feet (2134 mm) high.
c. Oil derricks.
d. Retaining walls that are not over 4 feet (1219 mm) in height
measured from the bottom of the footing to the top of the wall, unless
supporting surcharge or impounding Class I, II, or IIIA liquids.
e. Water tanks supported directly on grade if :the capacity does not
exceed 5,000 gallons (18,925 L). And the ratio of height to diameter or
width does not exceed 2 to 1.
f. Sidewalks, walking surfaces, and driveways not more than 30 inches
(762 mm) above grade and not over any basement or story below and
are not part of an accessible route.
g. Painting, papering, tiling, carpeting, cabinets, counter tops and
similar finish work.
h. Temporary motion picture, television and theater staqe sets and
scenery.
i. Prefabricated swimming pools installed entirely above -ground,
accessory to a Group R-3.
j. Shade cloth or soft cover structures constructed for nursery or
agricultural purposes and not including service systems.
k. Swings and other playground equipment.
I. Window awnings in Group R-3 and U occupancies, supported by an
exterior wall which do not project more than 54 inches (1372 mm) from
the exterior wall and do not require additional support..
m. Nonfixed and movable fixtures, cases, racks, counters and
partitions not over 5 feet 9 inches (1753 mm) in height.
n. Bridges, box culverts and similar passageway structures built over
depresions or obstacles, herein after referred to as bridges, are
structures and therefore not exempt per IBC Section 105.2, except
as interpreted and quantified in Building Services Division Code
Interpretation #2002-05. Bridges shall be designed and constructed .
per the current adopted Whatcom County Development Standards
(WCDS), Chapter 5, Road Standards, Section 513, Bridges and
Associated Retaining Walls; and per applicable portions of IFC Section
503. Bridges constructed as a requirement or condition of subdivision
or short subdivision approval, per Whatcom County Land Division
5
447
Regulations, Title 21, and which receive final approval from the Public
Works Technical Administrator, shall be deemed by the Building
Official to have met the permit requirements per IBC Section 105. The
Technical Administrator is designated as the County Engineer, per
WCDS, Chapter 5, Road Standards, Section 502.
4. Section 105.3, Application for Permit, is amended to include the
following:
To obtain the permit, the applicant shall first file an application
therefore in writing on a form furnished by the department of building
safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for
which application is made.
2. Describe the land on which the proposed work is to be done
by legal description, street address or similar description that
will readily identify and definitely locate the proposed building
or work.
3. Indicate the use and occupancy for which the proposed work
is intended.
4. Be accompanied by construction documents and other
information as required in Section 107.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant's authorized
agent.
7. Include signature by the applicant or the applicant's authorized
agent of a statement for guarantee of fee payment. The
statement must be signed in the presence of County staff or
staff will provide a statement which includes verification of
signature by a licensed notary public.
8. Provide verification of approval to connect to a public sewer
system or a septic system installation permit issued by the
Whatcom County Environmental Health Department for any
permit application that requires sewage disposal. The approval
to connect or issued septic system permit shall be specific to
the project application.
9. Provide additional data and information in the designated
sequence, as required by the Building Official.
5. Section 105.5, Expiration, is amended to include the following:
M-1
Land Disturbance permits issued for grading activity shall expire if work
authorized is not commenced within 180 days of issuance unless a
phased plan has been approved by the Technical Administrator. The
Technical Administrator is authorized to grant one extension of 180
days if the request is submitted prior to expiration of the permit. The
extension shall be requested in writing and justifiable cause(s)
demonstrated. If the project is located within a water resource special
management area and subject to seasonal clearing activity limitations
the extension shall begin at the commencement of the construction
season, pursuant to WCC 20.80.735.
Grading permits also expire and become invalid when the total
approved volume has been placed into or excavated from the
approved area.
6 Se� d7„is amer�dedt „�ciitle the following
7. Section 109, Refunds, is amended to include the following policy:
The refund ,policy applies to the current editions and amends the
respective Sections of the IBC, Section 109; IRC, Section R108.5; IFC,
Section113.5; IMC, Section 106.5.3; IFGC, Section 106.6.3; and UPC,
Section 103.4.5, as adopted per WCC 15.04.010.
The Building Official may authorize refunding any fee hereunder which
was erroneously paid or collected at 100%.
The Building Official may authorize refunding of not more than 80% of
the fee paid for a building permit when no work has been done under a
building permit issued in accordance with -the current editions listed in
this policy.
The Building Official may authorize refunding of not more than 80% of
the plan review fee paid when an application for a building permit for
which a plan review fee has been paid is withdrawn or cancelled
before any plan reviewing is done.
The Building Official shall not authorize the refunding of any fee paid,
except upon written application filed by the original permittee not later
than 180 days after the date of fee payment.
8. Section 113, Board of Appeals, is amended as follows:
7
449
B. Appendix J, Grading is amended as follows:
1. IBC Section 104.1 is amended per WCC 15.04.020, Subsection B,
including an additional paragraph to read as„follows:
The Director of the Planning and Development Services Department or
the Director's designee also referred to herein as the Technical
Administrator, is hereby authorized and directedto enforce the
provisions of IBC Appendix J, Grading, including as amended in WCC
Chapter 15, Section 15.04.020. The Technical Administrator shall have
the authority to render interpretations of the amended Appendix and to
adopt policies and procedures in order to clarify the application of its
provisions. Such interpretations, policies and procedures shall be in
compliance with the intent and purpose of amended Appendix J. Such
policies and procedures shall :.not have the effect of waiving
requirements specifically provided for in amended Appendix J.
2. The following definitions are added to Section J102.1:
a. EARTH MATERIAL: Any rock, natural soil or any combination
thereof.
b. CRITICAL AREAS: The following areas as regulated under WCC
16.16 shall be regarded as critical areas along with associated buffers
identified under WCC 16.16:
i. Geologically` hazardous areas.
ii. Frequently flooded areas.
iii. Critical aquifer recharge areas.
iv. Wetlands.
v. Fish and wildlife habitat conservation areas.
c. ORDINARY HIGH WATER MARK: The mark on all lakes, rivers,
streams and tidal water that will be found by examining the beds and
banks and ascertaining where the presence and action of waters are
so common and usual and so long continued in all ordinary years, as
to mark upon the soil a character distinct from that of the abutting
upland in respect to vegetation.
3. The following shall be added to Section J103.1:
Upon receipt of a fill and grade permit application on properties within
500 feet of a site known to contain archaeological resources that are
outside of the Shoreline Management Program Jurisdiction (WCC Title
23) and/or the Point Roberts Special District (WCC 20.72), the County
shall notify the applicant that the projects location is within an
archaeologically sensitive area and Federal, State and Tribal Laws and
Regulations pertaining to cultural resources may apply.
Grading permit expiration is per IBC Section 105.5 as amended.
4. The numbered exemption list of Section J103.2, Exemptions, is
amended as follows:
1. Grading in an isolated, self-contained area, provided there is no
danger to the public, and that such grading will not adversely
affect adjoining properties or criticalareas and further provided
that the activity occurs outside of the jurisdiction of the Whatcom
County Shoreline Management Program (WCC Title 23) and fill
does not exceed 250 cubic yards and is associated with a
residence authorized by a valid building permit.
2. Excavation for construction of a structure permitted under this
code provided that said construction has been duly reviewed for
compliance with the Whatcom County Shoreline Management
Program (WCC Title 23) and the Whatcom County Critical Areas
Ordinance (WCC 16.16).
3. Cemetery graves
4. Refuse disposal sites controlled by and appropriately permitted
in accordance with other regulations.
5. Excavations for wells or trenches for utilities provided the
activity occurs outside of the jurisdiction of the Whatcom County
Shoreline Management Program (WCC Title 23) and there are no
adverse impacts to critical areas.
6. Mining, quarrying, excavating, processing or stockpiling rock,
sand, gravel, aggregate or clay controlled by other regulations,
provided the activity occurs outside of the jurisdiction of the
Whatcom County Shoreline Management Program (WCC Title
23) and such operations do not affect the lateral support of, or
9
451
significantly increase stresses in soil on adjoining properties, or
adversely impact critical areas.
7. Exploratory excavations performed under the direction of a
registered design professional provided that said excavations
have been duly reviewed for compliance with the Whatcom
County Shoreline Management Program (WCC Title 23) or critical
areas ordinance.
8. A fill less than 1 foot in depth and placed on natural terrain with
a slope flatter than I unit vertical in 5 units horizontal (20% slope)
or less than 3 feet in depth, not intended to support structures,
that does not exceed 50 cubic yards on any one lot and does not
obstruct a drainage course or otherwise impact critical areas
provided the activity occurs outside of the jurisdiction of the
Whatcom County Shoreline Management Program.
9. Exemptions listed per WCC 20.80.733.
5. The following site plan requirements are added to J104.2:
a. In addition to the provisions of Section 107, a grading plan shall
show the existing grade and finished grade in contour intervals of
sufficient clarity to indicate the nature and extent of the work and show
in detail that it complies with the requirements of this code.
b. The plans shall show the existing grade on adjoining properties in
sufficient detail to identify how grade changes will conform to the
requirements of this code.
c The plans shall show erosion control types and locations, natural
features (slopes, streams, wetlands, ponds, etc.), forested or treed
areas, ditches, culverts, wet areas, flow directions, critical area
boundaries, the Ordinary High Water Mark (OHWM) of any water body
regulated by the Whatcom County Shoreline Management Program
and any other information deemed necessary by the Building Official.
6. J104.3, Geotechnical report, is amended as follows:
When required by the Technical Administrator, a geotechnic'al report
prepared by a registered design professional shall be provided. The
report shall contain at least the following:
1. The nature and distribution of existing soils;
2. Conclusions and recommendations for grading procedures;
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452
3. Soils design criteria for any structures or embankments
required to accomplish the proposed grading;
4. Where necessary, slope stability studies, and
recommendations and conclusions regarding site geology; and
5. Unless approved by the Technical Administrator, a building
permit shall not be issued on approved Fills without an
engineered soils report and proof of supervised, monitored
placement by the registered design professional.
6. Additional information may be required at the discretion of the
Technical Administrator.
7. The Technical Administrator may require. a geotechnical
report be prepared by a registered design professional to
determine the quantity of unpermitted fill brought to a site
without a valid permit, as required by this chapter.
Exception: A geotechnical report is not required where the
Technical Administrator determines that the nature of the work
applied for is such that a report is not necessary.
7. Add the following as Section J104.5, Surface mining report:
Grading permit plans associated with surface mining shall be
consistent with a surface mining reclamation plan as required and
approved by the Washington Department of Natural Resources.
(Ord. 2004-064 § 2).
15.04.030 Amendments to the International Residential Code.
A. Section R105.1, Required, is amended as follows:
Whatcom County (the County) may require that a covenant or
agreement be recorded against the deed(s) applicable to the location
and/or operation of a given project to inform future property owners of
the current restrictions or approved land uses. The County may draft
the covenant or agreement upon whatever terms the County in its
discretion deems proper.
B. Section R105.2, Work exempt from permit, is amended to read as
follows:
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453
1. One-story detached, non -occupied, accessory structures without
basements, used as tool and storage sheds, playhouses and similar
uses, provided that 1.) The floor area does not exceed 200 sq. ft.
[18.58 sq. m] and 2.) Provided that accessory structures meet all
applicable setback requirements.
2. Fences not over 7 feet (2134 mm) high.
3. Retaining walls that are not over 4 feet (1219 mm) in height
measured from the bottom of the footing to the top of the wall, unless
supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does not
exceed 5,000 gallons (18,927 L). And the ratio of height to diameter or
width does not exceed 2 to 1.
5. Sidewalks, walking surfaces, and driveways not more than 30
inches above grade and not over any basement or story below.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and
similar finish work.
7. Above ground pre -fabricated pools.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall which do not project
more than 54 inches (1372 mm) from the exterior wall and do not
require additional support.
10. Uncovered decks not exceeding 200 square feet (18.58 sq. m) in
area, that are no more than 30 inches (762 mm) above grade at any
point, are-Oot attaG ,.a 9 "' delliR and do not serve the exit door
required by Section R311.4.
C. R105.3, Application for permit, is amended to include the following:
To obtain the permit, the applicant shall first file an application
therefore in writing on a form furnished by the department of building
safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for
which application is made.
2. Describe the land on which the proposed work is to be done by
legal description, street address or similar description that will
readily identify and definitely locate the proposed building or
work.
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454
3. Indicate the use and occupancy for which the proposed work is
intended.
4. Be accompanied by construction documents and other
information as required in Section 107.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant's authorized agent.
7. Include signature by the applicant or the applicant's authorized
agent of a statement for guarantee of fee payment. The
statement must be signed in the presence of County staff or
staff will provide a statement which includes verification of
signature by a licensed notary public.
8. Provide verification of approval to connect to a public sewer
system or a septic system installation permit issued by the
Whatcom County Environmental Health Department for any
permit application that requires:sewage disposal. The approval
to connect or issued system permit shall be specific to the
project application.
9. Provide additional data .and information in the designated
sequence, as required by the Building Official.
D. Table R301.2 (1) Design Data for Whatcom County is amended as
follows:
1. GROUND SNOW LOAD TABLE, JANUARY 1997..
Whatcom County
Approx. Average
Elevation
Revised Ground Snow
Load
Revised Roof Snow
Load
Acme
310
22
25
Bellingham
100
15
25
Blaine
45
16
25
Deming
210
24
25
Diablo
910
100
100
Ferndale
60
20
25
Glacier
900
74
74
Lawrence
145
24
25
Lynden
103
24
25
13
455
Maple Falls
643
77
77
Mt. Baker Ski
Area
4200
588
588
Newhalem
510
129
129
Nooksack
84
24
25
Sumas
36
24
25
Wickersham
310
28
28
Kendall
460
50
Paradise
460
50
Pt. Roberts
120
25
Footnotes:
Any proposal can challenge the above design load with engineer
or architect stamped and signed calculations and criteria.
Buildings where the roof snow load exceeds 30 psf may require
architect or engineer review.
Recommendations are valid for the recognized central area of
each regional designation. Building Services reserves the right to
adjust the roof snow load based on building location and/or criteria
per the 2012 IBC and/or the most current edition of the Snow
Load Analysis for Washington.
2: Wind < Speed (mph): IRC - 85 mph [Figure R301.2(4)B]; IBC
Risk Category 1 - 100. mph [Figure 1609C]; IBC Risk Category II -.
110 mph [Figure 1609A]; IBC Risk Category III and IV — 1,15 mph
[Figure 1609B]
3. Seismic' Design: Zone Do/D,; Design Category D (See IBC
Section 1613'and/or ASCE 7)
4. Subject to Damage from Weathering: Moderate
5. Frost Line Depth: 18" (west of longitude 122' 54' 30",
approximately at mile post 35 of State Route 542, Mt. Baker
Highway)
6. Termite: None
7. Decay: Moderate
8. Winter Design Temp: 19 ° F
9. Ice Shield Underlayment Req.: No
10. Air Freezing Index: 260
11. Mean Annual Temperature: 480 F
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456
E. Appendix E, Manufactured Homes, is entirely replaced with the
following:
This chapter is enacted as an exercise of the police power of the
county for the benefit of the public at large. It is not intended to create
a special relationship with any individual, or individuals, nor to identify
and protect any particular class of persons.
The purpose of this chapter is to provide minimum standards to
safeguard life or limb, health or property, and public welfare, by
regulating and controlling the installation of manufactured homes on
building sites within -the county.
It is not the intent of this chapter to impose liability upon the county for
failure to perform any discretionary act. Rather, it is the intent of this
chapter to place the obligation of complying with its requirements upon
the installer. Nothing contained in this chapter shall be construed to
relieve from or to lessen the responsibility or liability of any person for
injury or damage to persons or property caused by or resulting from
any defect of any nature in any manufactured home installation work
performed by said person or in any manufactured home installation
equipment owned, controlled, operated or used by him; nor shall
Whatcom County, or any officer, agent, or employee thereof, incur or
be held as assuming any liability by reason or in consequence of any
permission, certificate of inspection, inspection or approval authorized
herein, or issued or given as herein provided, or by reasons or
consequence of any things done or acts performed pursuant to the
provisions of this chapter.
1) SCOPE
This chapter sets forth rules and regulations to regulate and control the
installation of manufactured homes on building sites, establishes an
administrative procedure for the issuance of permits, and provides for
the inspection of manufactured home installations.
2) DEFINITIONS
a. ADMINISTRATIVE AUTHORITY is the Department of Planning &
Development Services, the Building Services Division, and the
Whatcom County Building Official.
b. BUILDING OFFICIAL is the Director of the Planning & Development
Services Department or his/her designee. See Section 15.04.015.
c. BUILDING SITE is any site proposed for the location of a
manufactured home including sites within mobile home parks.
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457
d. HUD is the Federal Department of Housing and Urban
Development.
e. INSTALLER shall either be the owner or a State licensed mobile
home installer.
f. MANUFACTURED HOME means a structure designed and built to
comply with the Washington State Department of Labor and Industry's
rules and regulations for Manufactured Homes and Commercial
Coaches. It is also defined and cross-referenced per the current
adopted edition of the IRC, SECTION R202, DEFINITIONS,
MANUFACTURED HOME.
g. MOBILE HOME is a transportable, factory -built dwelling unit
constructed prior to June 15, 1976 (prior to enactment of National
Manufactured Housing Construction & Safety Standards [NMHCSS]
Act of 1974).
h. PERMANENT FOUNDATION means concrete blocks on a concrete
footing or slab, or other approved engineered foundation systems.
3) GENERAL INSTALLATION REQUIREMENTS
a. Manufactured homes installed on building sites shall be installed in
accordance with the provisions of this chapter and all applicable local,
state, and federal codes, ordinances, and statutes.
b. Manufactured homes shall' be installed in compliance with the
manufacturer's installation recommendations or according to
NCSBCS/ANSI A225.1-1994; permanent foundation requirements. The
manufacturer or dealer shall send two copies of its approved
installation recommendations to the purchaser of the manufactured
home. Two copies shall be submitted with the building permit
application.
c. No person, firm, partnership, corporation, or other entity may install
a manufactured home unless he/she owns the manufactured home, or
is a licensed manufactured home installer.
d. All manufactured home installations shall comply with the
requirements of the IRC Section R403.1.7.3, Foundation Elevation,
and with the following: On graded sites, the top of any exterior
foundation shall extend above the elevation of the street gutter at point
of discharge or the inlet of an approved drainage device a minimum of
12 inches plus 2 percent. The Building Official may approve alternate
elevations, provided it can be demonstrated that required drainage to
the point of discharge and away from the structure is provided at all
locations on the site. The following provisions shall be made to prevent
standing water under and around a building or structure prior to the
16
458
final inspection. The finished grade and elevation under the building
shall be above- the ground drainage flow of the land around the
building to prevent surface or sub -surface water from draining to the
space under the building, provided that other approved alternates such
as drain tile, exterior grading to a point lower than the interior drainage
of the building or an approved sump pump may be used, and provided
further that the alternate method to be used shall be shown on the
building plans. An approved sump pump system shall in no case be
connected to the sanitary sewer system. In all instances where a
drainage or sump pump system is installed under the structure there
shall be provided, in the foundation wall, an access crawl hole which
shall be no more than 20 feet from the main drain cleanout. To
facilitate the drainage of water, the building site shall have at least a
2% gradient towards approved drainagefacilities from building pads.
However, this may be waived by the building official provided that the
permittee can demonstrate that due to the nature of the site this would
be impractical and that an approved alternate will be used. If water
appears under the building within a period of 12 months after the final
inspection of the building or structure, the builder shall be responsible
for providing the drainage of the same, and provided further that the
builder has not complied with the requirements of Section 1804.7
herein, concerning drainage. Thereafter, the owner of the building shall
be responsible for providing drainage of the same, except where owner
and builder agree otherwise.
e. In those areas that are recognized as floodplains by the Washington
State Department of Ecology or the Department of Homeland Security,
or hazardous because of the probability of earthquakes, ground slides,
avalanches, or high winds, the building official may set requirements
that are .necessary to lessen the hazards. Manufactured homes
installed on sites that are sloping or have poor drainage shall be
installed in accordance with installation recommendations, provided by
a professional engineer or architect licensed in the state of
Washington.
f. Manufactured homes in a floodplain must be installed per the
applicable provisions of Whatcom County Code, Title 17, Flood
Damage Prevention, and per associated requirements of the
Endangered Species Act (ESA).
g. Used mobile homes older than 1976, require a fire/life safety
inspection by the State Dept. of Labor & Industries prior to building
permit submittal.
4) PERMITS REQUIRED
No person, firm, or corporation shall install or cause to be installed any
manufactured home on a building site without having first obtained a
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459
building permit and a manufactured home dealer shall not deliver a
manufactured home to a building site until that dealer has verified that
the installer has obtained the necessary building permits.
5) APPLICATION REQUIREMENTS
In addition to the building permit application and issuance regulations,
the following shall apply to manufactured home installations: separate
application shall be required for each manufactured home installation.
The application shall be made upon forms provided by the
administrative authority and shall be accompanied by the permit fee
established herein.
a. A separate application shall be required for each manufactured
home installation. The application shall be made upon forms provided
by the administrative authority and shall be accompanied by the permit
fee established herein.
b. Each application shall be accompanied by a plot plan drawn to scale
with detail sufficient to show that the installation will meet siting
requirements of all applicable state and local regulations.
c. Applications for manufactured homes to be installed on building sites
or sites within a mobile home park shall be accompanied by two sets of
foundation plans for a permanent foundation.
6) INSPECTION
Approved installation specifications shall be available at the site at the
time of inspection of the installation. In the event that no approved
installation specifications are available or the approved specifications
as provided above do not cover all the installation requirements of this
chapter, then the total installation of the portions thereof not covered
by the approved specifications shall comply with the appropriate
provisions of this code.
a. On building sites other than those in mobile home parks, -the installer
of the manufactured/mobile home shall request a footing inspection
after the placement of the footing forms and rebar and prior to pouring
or placing the footings, a tie -down inspection and a final inspection
after all aspects of the installation have been completed. For mobile
home park installations, the installer shall request a final inspection
after all aspects of the installation have been completed. All requests
for inspection shall be made one working day before such inspection is
desired.
b. The manufactured/mobile home may be occupied once the
installation has passed final inspection for compliance with the
18
460
requirements of this chapter and any conditions placed upon the
issued permit.
c. If the installation does not comply with the installation requirements
of this chapter and the conditions of the installation permit, the local
enforcement agency shall provide the installer with a list of corrections
that the installer must make. The list of corrections shall state a date by
which the corrections must be completed. If -the items that require
correction do not endanger the health or safety of the occupants, or
substantially affect the habitability of the manufactured/mobile home,
the local enforcement agency may permit the owner of the home to
occupy it.
7) BUILDING SITE PREPARATION
A manufactured home may not be installed on a building site unless
the ground at the site has adequate compaction and load -bearing
ability to meet the support requirements of (3)(d) or, if the building site
is in a mobile home park, the park owner must insure that the ground
on which the mobile home is to be installed has been improved as
necessary to provide a proper base for the mobile home and that the
area beneath the mobile home has adequate drainage.
8) FOUNDATION SYSTEM FOOTINGS
a. Footings shall be constructed of solid concrete per the
manufacturer's installation specifications or an approved alternate
method.
b. Four -inch slab with thickened footings, extending 18 inches below
existing grade, 16 inches diameter concrete posts, spaced according
to the applicable requirements of NCSBCS/ANSI A225.1-1994, with a
four- inch concrete slab and Z hook for positive connection between
post and slab, if in a flood plain.
C. Footings shall be:
i. Evenly bedded and level;
ii. Placed on firm, undisturbed or compacted soil that is free of organic
material;
iii. Centered in a line under the main frame longitudinal members on
both sides of the manufactured home;
iv. Spaced not more than eight feet apart and no more than two feet
from the ends of the main frame. The building official may require a
closer spacing, depending on the load bearing capacity of the soil or
the specifications in the manufactured home installation manual.
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461
d. A manufactured home with more than one section must have center
line blocking at end walls and at other points of connection of the
sections of the manufactured home that have ridge beam bearing
support. Blocking is also required at both ends of a door opening that
is six feet or more wide in an exterior wall.
e. If a manufactured home requires footings on its exterior perimeter,
as specified by the installation recommendations or required by the
building official, the footings shall be installed below the frost line.
f. Footings shall be constructed so that 75 percent of -the area under
the manufactured home has at least 18 inches clearance between the
bottom of the main chassis members and the ground level. The area
beneath the furnace cross-overs and fireplaces must always have at
least 18 inches clearance. At no point under the manufactured home
may clearance be less than 12 inches.
9) FOUNDATION SYSTEM PIERS
a. An installer must build and position piers and load -bearing supports
or devices to distribute the required load evenly. An installer must use
manufactured piers or load -bearing supports or devices that are listed
or approved for the intended use.
b. A pier may be made of a. single stack of 8-inch by 16-inch blocks if
the blocks are not stacked more than three blocks high. A pier made of
a single stack of blocks shall be installed at a right angle to the main
frame longitudinal members and shall be capped with no more than 2-
inch by 8-inch by 16-inch wood blocks or one 4-inch by 8-inch by 16-
inch concrete block.
c. A pier may be made of a double stack of 8-inch by 8-inch by 10-inch
blocks if the blocks are not stacked more than five blocks high. Each
row of blocks in such a pier shall be stacked at right angles to the
abutting rows of blocks. The pier shall be capped by with 2-inch by 8-
inch by 16-inch`'concrete blocks. The pier shall be installed so that the
joint between'`the cap block is at right angle to the main frame
longitudinal; members.
d. A pier may be made with more than five courses of blocks and not to
exceed 9 (72 inches) courses of block if the stacked blocks are filled
with 2,000 psi concrete or mortar, and no more than 20% of the piers
exceed five courses (40"). All other systems shall be designed by a
licensed Washington state engineer or architect.
e. All blocks shall be set with cores placed vertically.
10) FOUNDATION SYSTEM PLATES AND SHIMS
20
462
An installer may fill a gap between the top of a pier and the main frame
with a wood plate that is not more than two inches thick and two
opposing wedge-shaped shims that are not more than two inches
thick. Wood plates and shims must be of hemlock/fir, Douglas fir, or
spruce/pine/fir. A shim shall be at least four inches wide and six inches
long. The installer shall fit the shim properly and drive it tight between
the wood plate or pier and the main frame to ensure that the
manufactured home is level and properly supported at all load -bearing
points. A block that abuts a wedge-shaped shim shall be solid.
11) FOUNDATION
A manufactured home shall have an approved skirting around its entire
perimeter. The wood of the skirting shall be least six inches from the
ground unless it is pressure -treated wood. Metal fasteners shall be hot
dipped galvanized, stainless steel, or, other corrosive -resistant material.
Ferrous metal members in contact" 'With the earth, other than those that
are galvanized or stainless steel, shall be coated with asphaltic
emulsion. A manufactured home that is installed shall have ventilation
openings with a net area of one square foot per 150 square feet of
crawl space; except manufactured homes installed in the flood plain
shall have ventilation openings with a net area of 1 square inch per 1
per square foot of crawlspace installed within 1 foot of finished grade.
The openings shall be designed to provide cross ventilation on at least
two approximately opposite sides of the manufactured home. The
installer shall locate openings as close to the corner of the
manufactured home as practical and shall cover the opening with a
corrosive -resistant wire mesh. Dryer vents and hot water tank pressure
release valves shall exhaust on the exterior of the perimeter skirting.
The skirting for each section of the manufactured home shall have an
opening of at least 18 inches by 24 inches with a cover of metal or
pressure -treated wood: to allow access to the crawl space. In all cases
the foundation shall be installed before a final sign off can be made.
12) ANCHORING SYSTEM
The building official shall require a single section or multiple section
manufactured home to have an anchoring system. Such an anchoring
system shall be installed per the manufactured installation
specifications or according to the design of a professional Washington
State licensed engineer or architect. Components of the anchoring
system shall have a resistance to weather deterioration that is at least
equal to that of a zinc coating that is not less than 0.3 inches per
square foot of coated surface. Cut edges of zinc -coated strapping do
not need to be coated.
a. An installer shall install, preload, and adjust a ground anchor in
accordance with the anchor manufacturer's instructions. The installer
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must supply a copy of the instructions to the building official. Ground
anchors shall be marked with the manufacturer's identification and
model number in a location that is visible to the inspector after the
anchor is installed. The manufacturer of a ground anchor must provide
instructions with each anchor that specifies the kinds of soils for which
the anchor is suitable. Analysis from a WA State licensed engineer
may be required.
b. If concrete slabs or continuous footings are used to transfer the
anchoring loads to the ground, the following requirements apply:
i. Engineered tie -down systems shall be per approved details from the
Washington State Department of Labor and Industries.
ii A concrete slab may be used in place of a ground anchor if it
provides holding strength equal to the required ground anchors.
iii. Analysis from a WA state licensed engineer may be required.
c. Ties shall be of approved strapping, or other approved materials.
Ties shall be fastened to the ground anchors and drawn tight with
turnbuckles, yoke fasteners, or other approved tension devices.
Tension devices shall end in clevis, forged, or welded eyes. Tension
devices shall be designed to prevent self -disconnection if the ties
become slack. Ties shall connect the ground anchors to the main
frame longitudinal members. Ties must not connect to steel outrigger
beams that fasten to the main frame unless the manufacturer's
installation instructions specifically approve the connection. Diagonal
ties must lie at least 45 degrees from the vertical.
d. Theinstaller shall space the ties as evenly as practical and shall
locate a tie within eight feet of each end of the manufactured home.
The installer shall install vertical ties at each detached corner of a
clerestory roof and added -on sections of expandable manufactured
homes., the installer shall install the following number of ties for each (-
beam or other main frame longitudinal member: according to the
manufacturer's specifications or per NCSBCS/ANSI A225.1-1994, as
indicated in the following chart:
Length of home in feet
(excluding hitch)
Number of vertical ties per
detached corner of add-ons
Number of
diagonal ties
32 — 54
1
5
55 — 73
1
6
13) ASSEMBLY
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The water pipe connection to the manufactured home shall have a main
shutoff valve in compliance with the 2012 Uniform Plumbing Code,
Section 606.. Exterior water lines and ducting under the manufactured
home shall be insulated. In all other respects, utility connections to the
manufactured home, including water, sewer, electricity, and gas shall
comply with the applicable county codes. Accessory structures attached
to or located next to a home, such as awnings, carports, garages,
porches, or steps shall be constructed in conformance with applicable
county codes and structurally independent of the manufactured home
unless pre -approved by manufacturer. (Ord. 2004-064 § 2)
15.04.040 Amendments to the International Fire Code.
A. The International Fire Code is amended as follows:
1. Section 102.2, Administrative, operational and;maintenance
provision, is amended to read as follows:
To provide a reasonable degree of safety to persons occupying
existing buildings, there shall be a 'fire code inspection, at times to be
determined by the Whatcom County Fire Marshal, for all Group A, B,
E, F, H, I, M, R, S and U occupancies. Only R-3 Occupancies
containing the following shall be subject to fire code inspections:
Adult family homes, family daycare homes, adult and child care
facilities, as defined in the Washington State amendments.
2. Section 103.1 is amended to read as follows:
103.1 General. The Department of Fire Prevention, herein after
referred to as the Fire Marshal's Office, is established within the
jurisdiction under the direction of the Fire Code Official, herein after
referred to as the Fire Marshal. The function of the department shall
be the implementation, administration and enforcement of the
provisions of this code. Recognizing the authority and responsibility
vested in the Fire Marshal by the International Fire Code, the Fire
Marshal is authorized to promulgate such rules, policies and/or
procedures as he/she deems necessary for the efficient operation of
fire prevention and investigations
3. Section 103.2 is amended to read as follows:
103.2 Appointment. The Fire Marshal shall be appointed by the
Department Director. The Fire Marshal shall be not less than a
supervisor within the Building Services Division of the Whatcom
County Planning & Development Services Department, as
designated by the Director. The Fire Marshal for Whatcom County is
authorized to enforce the provisions of this ordinance and adopted
referenced codes and amendments. The Fire Marshal shall not be
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removed from office except for cause and after full opportunity to be
heard on specific and relevant charges by and before the authority
having jurisdiction.
4. Section 104.1 is amended with the following additional paragraph:
5. Section 10410, Fire investigation, is amended to read as follows:
The Whatcom County Sheriff's Office shall have the authority to
investigate the cause, origin and circumstances of any fire, explosion
or other hazardous conditions. Information that could be related to
trade secrets or,processes shall not be made part of the public record
except as directed by a court of law.
6. Section 104.10.1, -is amended to read as follows:
a) The Whatcom County Fire Marshal shall have the authority to
render necessary assistance in the investigation of fires. The
Whatcom County Fire Marshal and designated, assigned staff
members shall have the powers of a limited authority of a
Washington peace officer as defined in Chapter 10.93 RCW. They
shall be commissioned by the Whatcom County Sheriff as specially
commissioned Washington peace officers, as defined in Chapter
10.93 RCW, upon satisfaction of the training and other requirements
prescribed or approved by the Washington Criminal Justice Training
Commission, for the purpose of administering this code.
7. Section 105.7.1 is amended with the addition of the following
language:
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8. Section 105.7.8 Flammable and combustible liquids, is amended
as follows:
1. (unchanged)
2. (unchanged)
9. Section 108.1, Board of appeals, is amended to read as follows:
In order to hear and decide appeals of orders, decisions or
determinations made by the Fire Marshal relative to the application
and interpretation of this code, there shall be and is hereby created a
board of appeals. Whatcom County Ordinance No. 2007-024 shall
be the Fire Code appeals board. The Appeals Board shall be the
same board for all codes appeals, except as amended in WCC
Chapter 15.04..
10. Section 202 is amended to read as follows:
b. Fire Code Official. Whenever the term fire code official is
referenced in this code it shall mean Whatcom County Fire
Marshal or his/her designee, as identified in IFC Section 103.2
and as amended per WCC 15.04.040.
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12. Appendix B, Fire Flow Requirements for Buildings is amended as
follows:
c. San B'1; Orin �hdtwo -fa m�j lt�'dihi"flings:
Ippi pplce ��nr..�r., '110"d IieJsafetYa
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1. It does not exceed 2500 square feet (232.3 m2).
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re
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NFPAJ3 Automatic; Sprinkler System, 75%
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14. Appendix D, Apparatus access roads, is amended as follows:
a. Section D103, Minimum Specifications is amended
with the following additional language:
1. Fire apparatus access roads serving up to 2 (two) residential
lots, where building location is less than one hundred fifty feet
(150') from approved access roads require a minimum width of
12 feet (3658 mm) and a minimum vertical clearance of 13
feet-6 inches (4115 mm).
2. Fire apparatus roads over one hundred fifty feet (150') long
serving up to two residential lots:
a. Minimum width — twelve foot (12') driving surface with
turnouts no farther than every six hundred feet (600') when
required by the Fire Marshal. To create a turnout, the road
shall be widened to twenty feet (20') in the direction of travel
for a minimum distance of one hundred feet (100') to allow
vehicles to pull over and allow emergency vehicles to proceed.
Turnout shall be located approximately midpoint for driveways
over six hundred feet (600') but less than twelve hundred feet
(1200') See Exh��`t B
b. Vertical clearance — minimum thirteen foot, six inch (13'-6")
unobstructed vertical clearance for the required width of the
road. fee=xh�btA
c. Surface - Per Whatcom County Development Standards
(WCDS), Chapter 5 .Road Standards. Minimum standard per
06it3#t,C; Driveway Section.
d. Turning radius — minimum thirty-five foot (35') radii.
Residential private roads and driveways per xh1bi C nef D„
e. Turnarounds — minimum twenty feet (20') wide, sixty feet
(60') deep or WCDS, Chapter 5, Road Standards.xhrbit
D'
f. Bridges - Bridges, box culverts or similar passageway
structures built over depressions or obstacles shall be herein
after referred to as bridges. When a bridge is required to be
used as part of a driveway access road, it shall be designed
and constructed per the current adopted edition of the WCDS,
Chapter 5, Road Standards, Section 513, Bridges and
Associated Retaining Walls and per applicable portions of IFC
Section 503. Vehicle load limits shall be posted at both
entrances to bridges when required by the Fire Marshal.
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3. Section D103.5 is amended as follows:
Item #1 is amended as follows:
4. Fire apparatus access roads — Access serving more than Two
(2) residential units shall meet the following:
a. Standards per Exhibit A and current adopted Whatcom
County Development Standards (WCDS), Chapter 5, Road
Standards.
b. The Fire Marshal may make modifications in these
standards if the road is not build -able because of topography,
waterways, nonnegotiable grades, or similar conditions. These
modifications are based on:
1. The building being protected by NFPA 13D Automatic
Sprinkler System.
2. Additional fire protection features as required by the Fire
Marshal.
Exceptions may be made for minor additions or small
accessory buildings to existing dwellings when in the opinion
of the Fire Marshal the addition or accessory building will not
create significantly more dangerous situations.
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5. Emergency vehicle access roads or driveways shall not be
obstructed in any manner, including the parking of vehicles.
Width and clearance requirements of these standards shall be
maintained at all times.
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15.04.050 Permit expirations and violations of the above referenced codes.
A. Expiration,
1. Sections 105.5 of the IBC, R105.5 of the IRC, and 105.3.1 of the
IFC are amended as follows:
Every permit issued under the provisions of this code, according to
IBC Section 105.5 and IRC Section R105.5, shall expire and become
null and void, if the work authorized by such permit is not
commenced within 180 days from -the date of issuance of such
permit, or if -the work authorized by such permit is suspended or
abandoned at any time after the work is commenced for a period of
180 days. The building official is authorized to grant, in writing, one or
more extensions of time, for a period not more than 180 days each.
The extension shall be requested in writing and justifiable causes
demonstrated. In the event of permit expiration, before such work can
recommence, a new permit shall be first obtained to do so, and the
fee therefore shall be one-half the amount required for a new permit
for such work, provided no changes have been made, or will be
made in the original plans and specifications for such work; and
provided, further, that such suspension or abandonment has not
exceeded one year. These permits are only transferable with the
prior approval of the Building Official and any change in occupancy,
operation, tenancy, or ownership shall require that a new permit be
issued.
Every permit issued under the provisions of this code, according to
IFC Section 105, shall expire and become null and void, if the work
authorized by such permit is not commenced within 180 days from
the date of issuance of such permit, or if the work authorized by such
permit is suspended or abandoned at any time after the work is
commenced for a period of 180 days. The fire code official
(designated as the fire marshal) is authorized to grant, in writing, one
or more extensions of time for a period not more than 180 days each,
except that expiration and extension shall not apply to open burning
permits. The extension shall be requested in writing and justifiable
causes demonstrated. In the event of permit expiration, before such
work can recommence, a new permit shall be first obtained to do so,
and the fee therefore shall be one-half the amount required for a new
permit for such work, provided no changes have been made or will
be made in the original plans and specifications for such work; and
provided further that such suspension or abandonment has not
exceeded one year. An operational permit under the IFC shall
remain in effect until reissued, renewed, or revoked or for such a
period of time as specified in the permit. These permits are not
transferable and any change in occupancy, operation, tenancy, or
ownership shall require that a new permit be issued.
B. Construction Without Permit.
1. The following paragraph shall be added to IBC Section 114.1, IRC
Section R113.1, and IFC Section 109.1:
When construction and/or development has occurred on a site
without a valid permit as required by this chapter, any and all permits
or approvals issued by the county may be denied for that site until the
issue has been resolved. In addition, prompt restoration of the site to
its original condition will be required. The issuance or granting of a
permit or approval of plans and specifications shall not be deemed or
construed to be a permit for, or an approval of, any violation of any of
the provisions of this code. No permit presuming to give authority to
violate or cancel the provisions of this code shall be valid, except
insofar as the work or use for which it authorizes is lawful. The
issuance or granting of a permit or approval of plans shall not prevent
the Director of Planning & Development Services, the Building
Official, the Fire Code Official, ;or any administrator who has been
granted authority by the Director from thereafter requiring the
correction of errors in said plans and specifications or from
preventing construction operations being carried on thereunder when
in violation of this code or of any other ordinance or from revoking
any certificate of approval when issued in error.
C. Stop Work Orders.
1. Sections 115 of the IBC, R114 of the IRC, and 111 of the IFC are
amended as follows:
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In the event any person, firm, partnership, corporation or other entity
violates any provision of this ordinance or any code adopted by this
ordinance, the County may issue a notice of violation, to be delivered
to the owner, operator, or their agent, or to be conspicuously posted
at the site. In a non -emergency situation, such notice may include
notice of -the intent to issue a stop work order no less than 10
calendar days following the receipt of the notice, and provide for an
administrative pre -deprivation hearing within 10 calendar days of
notice/order. In an emergency situation where there is a significant
threat to public safety or the environment, the County may issue a
stop work order. The stop work order shall include, in writing, the
right to request an administrative post -deprivation hearing within 72
hours following receipt of the stop work order. Failure to comply with
the stop work order shall be a gross misdemeanor punishable upon
conviction by a minimum fine of $500.00 up to a maximum fine of
$1000.00 or one year in jail, or both. Under no circumstance may the
court defer or suspend any portion of the minimum $500.00 fine for
any conviction under this section. Each day or part thereof of
noncompliance with said order to stop work shall constitute a
separate offense.
D. Violation Deemed Misdemeanor.
1. Sections 114 of the IBC, R113 of the IRC, and 109 of the IFC are
amended as follows:
Any violation of the provisions of the International Building, Fire,
Residential or other related codes as herein adopted is a
misdemeanor. Any person, firm or corporation violating any of the
provisions of this code or failing to comply with any of the
requirements thereof or who shall erect, install, alter, repair or do
work in violation of the approved construction documents, directives
or conditions of the Building Official or the Fire Code Official or the
Director of Planning and Development Services or of a permit or
certification used under provisions of this code, shall be guilty of a
misdemeanor, punishable by a fine of not more than $1000.00 dollars
or by imprisonment not exceeding 90 days, or both such fine and
imprisonment. Each day that a violation continues after due notice
has been served shall be deemed a separate offense.
a. EXCEPTION: The International Fire Code Section 307 Open
Burning and Recreational Fires shall constitute Class 1 civil
infractions pursuant to RCW 7.80.120. The maximum penalty and the
default amount for such violations shall be consistent with Chapter
7.80 RCW. All violations shall be heard and determined in
accordance with the system established in Chapter 7.80 RCW. After
having been found to have committed two successive infractions for
IN
violations of the same provision of this title on the same property, any
person, firm, or corporation who continues to violate this title in the
same manner on the same property shall be guilty of a misdemeanor,
punishable by a fine of not more than $1000.00 or by imprisonment
not exceeding 90 days, or both such fines and imprisonment. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.
E. Notice of Violations.
1. Section 109.3 of the IFC is amended as follows:
When the Fire Code Official, referred to as the Fire Marshal, finds a
building, premises, vehicle, storage facility or outdoor area that is in
violation of this code, the fire code official is authorized to prepare a
written notice of violation describing the conditions deemed unsafe.
When immediate compliance is not possible, a time shall be specified
for re -inspection. In special situations citations could be issued to
individuals violating this code.
F. Civil Penalty.
1. Any person, firm, partnership, corporation or other entity violating
any of the provisions of this chapter, or of the codes adopted by
reference by this chapter, shall be deemed guilty of a civil offense
and each day during which such violation is continued or committed
shall constitute a separate offense, and shall be fined not more than
$1,000 for each offense. The penalty provided in the above section
shall be imposed by a notice in writing and delivered by personal
service to the owner, the owner's agent, the operator and/or violator,
and/or sent by certified mail, and/or be conspicuously posted at the
site. The notice shall include the amount of the penalty imposed and
shall describe the violation with reasonable particularity in ordering
the act(s) constituting the violation(s) to cease and desist or, in
appropriate cases, requiring necessary corrective action to be taken
within a specific and reasonable time. The notice may simultaneously
accompany a notice of penalty.
2. Within 30 days after the notice is received, the person incurring the
penalty may apply in writing to the building official for remission or
mitigation of such penalty. Upon receipt of the application, said
department may remit or mitigate the penalty upon whatever terms
the department in its discretion deems proper. The final decision of
the building official, 'fire code official or the director of planning and
development services on mitigation or revision shall be reviewed by
the county council, if the person being penalized files a written appeal
therewith of said decision, within 10 days of its issuance. The
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decision of the county council regarding the penalty imposed shall be
final.
In addition to the civil penalties described above, the prosecuting
attorney may in his discretion bring such injunctive, declaratory or
other actions as deemed necessary to ensure that violations of this
chapter are prevented or cease, and to otherwise enforce the
provisions of this chapter. (Ord. 2004-064 § 2)
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
WHATCOM COUNTY COUNCIL
Regular County Council
November 12, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:15 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7:16: 57 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner and Carl Weimer.
Absent: Pete Kremen.
FLAG SALUTE
ANNOUNCEMENTS
(7:17: 30 PM)
Kershner announced Consultant DLR Group to provide an update on jail
planning (AB2013-042B) during the Special Committee of the Whole meeting.
Kershner announced the following items were discussed in executive session during
the Committee of the Whole meeting:
1. Strategy planning discussion and positions to be taken regarding collective
bargaining (AB2013-018)
2. Discussion with Chief Civil Deputy Prosecutor Daniel Gibson regarding pending
litigation, Clark Pit (AB2013-018)
3. Discussion with Senior Deputy Prosecutor Royce Buckingham regarding
potential litigation related to a deed of trust decision by a federal agency
(AB2013-018)
4. Discussion with Senior Deputy Prosecutor Karen Frakes regarding pending
litigation, Hirst et al v. Whatcom County, GMHB Case No. 12-2-0013 (AB2013-
018)
Crawford moved that the Whatcom County Council direct the Whatcom County
Planning Commission to hold a public hearing on water resources in the Rural Element,
Whatcom County Council, 11/12/2013, Page 1
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
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specifically to protect water quality and water quantity, and to forward a recommendation to
the Whatcom County Council.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
MINUTES CONSENT
(7:19: 45 PM)
Knutzen moved to approve Minutes Consent items one through three.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
1. SURFACE WATER WORK SESSION FOR OCTOBER 15, 2013
2. COMMITTEE OF THE WHOLE FOR OCTOBER 22, 2013
3. REGULAR COUNTY COUNCIL FOR OCTOBER 22, 2013
PUBLIC HEARINGS
1. RESOLUTION ADOPTING THE WHATCOM COUNTY 2014 ANNUAL ROAD
CONSTRUCTION PROGRAM (AB2013-344) (7:20:01 PM)
Kershner opened the public hearing and the following person spoke:
Dymond Nicon stated he sent the Council an email regarding the pedestrian
promenade for Birch Bay and the Birch Bay berm. The berm design requires guardrails,
adding another 44 inches to the height of the berm. The handicap will be required to have
access to the berm via ramps. He's not in favor of having a path on top of the berm for
safety reasons. Instead, relocate Birch Bay Drive inland behind the existing developments.
Convert the existing roadway to a pedestrian promenade. Six business along Birch Bay
Drive support his idea to relocate Birch Bay Drive. There is growing public support for this
idea, which would be a phased project.
Hearing no one else, Kershner closed the public hearing.
Brenner moved to approve the resolution. She asked if staff has seen Mr. Nicon's
proposal.
Joe Rutan, Public Works Department, stated the Public Works Department is not
proposing the berm. They are implementing a proposal the community brought forward.
Whatcom County Council, 11/12/2013, Page 2
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
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They will continue to work with the community. If the community doesn't want this, the
County doesn't want to build it. The Department is simply trying to implement their
subarea plan.
Brenner asked if Mr. Rutan will still be able to talk to Mr. Nicon if the Council
approves this resolution. Rutan stated he can. He will bring the Council conceptual designs
and contracts. He will put Mr. Middleton in touch with Mr. Nicon. Some work was done in
the past on the concept of relocating Birch Bay Drive.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
OPEN SESSION
(7:27: 08 PM)
The following people spoke:
• Kathryn Chambers spoke about the proposed new jail site.
• Penny Morgan submitted a letter (on file) and spoke about the
vacancy and appointment process to Water District 13.
• Irene Morgan thanked the councilmembers for their work and
spoke about renaming of the Re -Entry Coalition to the
Restorative Community Coalition.
• Joy Gilfilen submitted a handout (on file) spoke about a no jail
alternative.
• Lloyd Zimmerman spoke about the proposed new jail site.
Jack Louws, County Executive, stated there are covenants, conditions,
and restrictions (CC&Rs) on the proposed new jail property. One requires a
design review for the jail. They are in the process of getting a release on that
requirement. He appreciates the citizens bringing that information forward
and his staff for going through all the property restrictions in detail.
• Ray Baribeau spoke about the DLR consultant presentation on
the proposed new jail.
• Joan Dow spoke about the proposed new jail site.
• Theresa Erickson spoke about the proposed new jail site.
• Robert French submitted a handout (on file) and spoke about
the proposed new jail site.
CONSENT AGENDA
(7: 53: 25 PM)
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Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through seven and nine through 12, including
substitute versions for Consent Agenda items nine and eleven. Consent Agenda item eight
is held in committee.
Brenner withdrew items three, nine, and ten.
The motion to approve Consent Agenda items one, two, four through seven, 11, and
12 carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
OPPORTUNITY COUNCIL FOR THE OPERATION OF THE HOUSING AND
ESSENTIAL NEEDS PROGRAM IN THE AMOUNT OF $116,772, FOR A TOTAL
AMENDED CONTRACT IN THE AMOUNT OF $2,221,801 (AB2013-361)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND HEALTHCARE MANAGEMENT
ADMINISTRATORS, INC. FOR ADMINISTRATION AND CLAIMS PROCESSING
FOR THE SELF -INSURED MEDICAL PROGRAM, IN THE AMOUNT OF $24.30
PER EMPLOYEE PER MONTH FOR 2014, $25.05 PER EMPLOYEE PER MONTH
FOR 2015, AND $25.80 PER EMPLOYEE PER MONTH FOR 2016 (AB2013-362)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND FOSTER PEPPER PLLC FOR
THE WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS CORE
AGRICULTURAL STRATEGY PROJECT, IN THE AMOUNT OF $50,000 (AB2013-
363)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated too many properties around the edges of the core areas were scoring
high. They really want to prioritize areas right in the middle of agricultural land. Focus on
the core of agricultural land to get better purchases and not spend so much money on
places that weren't as high a priority. This is the type of project that should be done in-
house. She can't vote for it. The project has become too complicated.
Mann stated this is more complicated than Councilmember Brenner described. The
County doesn't have enough staff to do the work. The Planning Department work plan is
already full. The councilmembers talk frequently about getting outside help. This is a
reasonable time to do so.
Brenner stated they should send letters to people who live in the core agricultural
areas to let them know the County is interested. This is a voluntary program. Don't jump
into something like this with an outside consultant from Seattle without at least sending a
letter and working with people in the core area. She researched the reverse auction
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program. It works great for things like imported flowers. The people deserve to work with
County staff. There is no guarantee. Before doing this, the County should do some
preliminary work on this. Staff should give her a good reason why they don't think they can
do it. She doesn't believe their reason that they don't have the time. This is a high priority.
Maybe they need to reevaluate their priorities in planning.
Kershner asked if the Council set aside money in the budget to hire a staff person for
this program.
Mark Personius, Planning and Development Services Department, stated they did.
The Council approved a supplemental budget request in April in the amount of $50,000 for
this project. The specific outcome noted in that supplemental budget request was that if
the consultants respond to the request for proposals (RFP) and a contract is agreed upon, a
voluntary reverse auction strategy would be developed and ready to implement for land
owners in the agricultural core areas. The failure of the current program is not getting
purchases in the core area because they look at large parcels that are farmed actively.
There is little difference in value between that land as farmland and as residential land, so
farmers weren't interested in selling those development rights. The purpose of this program
is to focus on the smaller nonconforming lots. They don't get a lot of points because they're
not large and may have poor soils, and the County doesn't receive matching money for
them. That's the reason for this different approach to get those core target parcels.
Kershner asked if they hired staff to work on this.
Jack Louws, County Executive, stated the Council authorized $100,000 for staff help
in the 2013 budget for staff help related to purchases of development rights (PDR). The
administration has not filled that position on a full-time basis. The County didn't receive
federal money, so there wasn't a lot for the program specialist to do. The administration
decided to not fill that position on a full-time basis. They have worked with Planning
Department Director Sam Ryan on that workload. The staff person working on the reverse
auction would have to have technical knowledge to set up and work that program.
Kershner asked if this $50,000 comes from that full-time position allocation that is
not being used. Personius stated it was in addition to the $50,000 for the consultant. They
needed to do more outreach as a part of the reverse auction strategy, which is part of what
that position would do. They've lost staff and hired new staff, they will wait and see how it
works out before they commit to needed additional staff.
Knutzen stated they won't get the results they want here. There has been
agricultural land in those core areas that would go for some sort of purchase of
development rights if they were paid what they wanted. The property owners think their
land is worth more than what the County thinks the development rights are worth. The
County would do better by using the $50,000 to help purchase some of those higher value
properties than paying a consultant. They always find an excuse to pay a consultant to do
this work. He will vote against the motion.
Weimer stated he is in favor of the motion. It's something they've talked about as
one more tool to help protect agricultural land and focus on the core areas on the smaller
five -acre lots. It's voluntary. The advisory committee has looked at this. The Council
approved it in general. This is the actual contract for it. It's coming out of the conservation
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futures fund. The Council has talked often about the need to use more of the conservation
futures fund to protect agricultural land. This is another good tool. At this point, County
staff doesn't have the expertise or time to move forward. Delaying at this point will delay it
for the foreseeable future.
Brenner stated staff is never going to have the expertise or time if the County
doesn't hire them. They voted to hire that position. At the very least, the County can get
started on this without the consultant. Get someone on board who is able to do this.
Dedicated staff would have come up with this kind of plan and other things. The County
wasn't hiring the staff to just sit and wait for something to come in. Part of the reason for
hiring a person was to come up with ideas.
The motion carried by the following vote:
Ayes: Mann, Crawford, Kershner and Weimer (4)
Nays: Knutzen and Brenner (2)
Absent: Kremen (1)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
MILITARY DEPARTMENT TO SUPPORT AND ENHANCE EMERGENCY
MANAGEMENT PROGRAMS, IN THE AMOUNT OF $38,791 (AB2013-364)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
DEPARTMENT OF ECOLOGY TO FUND ADMINISTRATIVE AND ACTION
PROJECTS FOR THE WHATCOM COUNTY MARINE RESOURCES COMMITTEE,
IN THE AMOUNT OF $68,259 (AB2013-365)
6. RESOLUTION ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE
MORE THAN A YEAR OLD (AB2013-366)
7. RESOLUTION APPROVING THE CORRECTION OF EQUIPMENT RENTAL AND
REVOLVING FUND ACCOUNTING RECORDS (AB2013-367)
8. RESOLUTION REQUESTING AUTHORIZATION FOR THE ACQUISITION OF
1500 N. STATE STREET BUILDING AND PROPERTY (AB2013-368)
9. RESOLUTION AUTHORIZING THE TRANSFER OF THE CIVIC CENTER
BUILDING FROM GENERAL GOVERNMENT OWNERSHIP TO THE WHATCOM
COUNTY ROAD FUND (AB2013-369) (8:05:50 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the substitute resolution.
Brenner asked how the substitute version is different.
Mann stated it's not substantially different. They both had slight legal description
changes.
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Brenner stated she doesn't support the resolution because they keep throwing more
money at that Civic Center building. The administration keeps asking for more structural
repairs. It reminds her of what happened with this courthouse. It was made pretty on the
outside, but there is a lot of rot and mold. The terrazzo has cracks. The copper dome was
copper looking for a week. She's not convinced that they really have gotten a grip on that
building. They are working from structural to fagade. It seems like they've done it the
other way around. Don't throw more money into that building.
The motion carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner and Weimer (5)
Nays: Brenner (1)
Absent: Kremen (1)
10. RESOLUTION AUTHORIZING THE TRANSFER OF THE 316 LOTTIE STREET
BUILDING FROM THE EQUIPMENT RENTAL AND REVOLVING FUND TO THE
ADMINISTRATIVE SERVICES FUND (AB2013-370)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
Brenner asked if this resolution moves road fund money.
Jack Louws, County Executive, stated it does not.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
11. RESOLUTION AUTHORIZING THE TRANSFER OF THE LAND LOCATED AT 901
WEST SMITH ROAD, SITE OF THE ROAD MAINTENANCE AND OPERATIONS
SHOP, FROM GENERAL GOVERNMENT OWNERSHIP TO THE WHATCOM
COUNTY ROAD FUND (AB2013-371)
12. RESOLUTION ACCEPTING THE ADDITION OF A CAPITAL PROJECT INTO THE
2010 WHATCOM COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY
(CEDS) (AB2013-372)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET,
THIRTEENTH REQUEST, IN THE AMOUNT OF $18,974,579 (AB2013-346)
(8: 08:58 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Brenner stated she is against the proposal because some things are for the Civic
Center building. She likes the idea of buying property around the Central shop from one
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fund to the other so they can clean it up. There are things in this that are great. However,
there are too many fund movements in one budget request. Just because the
administration says it is legal doesn't feel right. She prefers budget amendments that are
not as complex so they can deal with concerns.
Mann stated he agrees this is complex. Many of these transactions are linked. They
are working to significantly reorganize real estate assets and office locations to free up
money to make a land purchase. They all work together in an intricate package. He spent
some time reviewing it, and he agrees with the strategy. It's a wise use of funds. He will
support it. There is no question of whether or not it's legal. Staff isn't going to do anything
illegal. He has complete faith it's legal. It's a smart use of funds and assets. He supports
it.
Brenner moved to hold in Council to the next meeting. Because this isn't her area
of expertise, and tried to contact certain people about this amendment. She hasn't yet
heard back from them. She would like more time to talk councilmembers out of doing this
enormous transaction.
The motion to hold in Council failed by the following vote:
Ayes: Knutzen and Brenner (2)
Nays: Mann, Crawford, Kershner and Weimer (4)
Absent: Kremen (1)
Kershner stated she talked extensively about this to the Executive. She believes this
is genius.
The motion to adopt the ordinance carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner and Weimer (5)
Nays: Brenner (1)
Absent: Kremen (1)
2. ORDINANCE AMENDING ORDINANCE NO. 2013-003 (SECOND AMENDMENT)
ESTABLISHING A PROJECT FUND FOR THE NEW JAIL PROJECT (AB2013-
347) (8:13:43 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Brenner stated this establishes a fund. It isn't to purchase the property.
lack Louws, County Executive, stated the fund is already established. This is the
second amendment that authorizes the money from the previous transaction and move
approximately $6 million into the fund to buy the property, if the Council chooses. That
decision will come to the Council on November 26 or December 10. This ordinance provides
the funds for the purchase. The Council will soon vote separately on the purchase itself.
Brenner asked if they can keep the project fund if they don't purchase the property.
Louws stated the money would be there. They may not want to keep $6 million in the fund,
but they could move it out. They have to have the money in place in case the Council
chooses to purchase the property.
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Mann stated the Council may have a hearing on whether or not the County should
purchase the land.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
3. ORDINANCE ESTABLISHING THE STATE STREET BUILDING ACQUISITION
AND IMPROVEMENT FUND AND RELATED CAPITAL BUDGET APPROPRIATION
(AB2013-348) (8:16:15 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the substitute ordinance.
Brenner asked if this item will move public works positions into the State Street
office and discontinue use of the Northwest Annex.
Jack Louws, County Executive, stated this ordinance will move all the existing
employees out of the Northwest Annex and into the State Street building. The Council and
community will, at a later date, have an opportunity to design the ultimate fate of the
Northwest Annex.
Brenner stated it's an historic building. It's poor condition is because the County has
not wanted to maintain it in good condition. Over the years, the County has just made it
worse. It's an incredible building that deserves to be restored. There is plenty historic
preservation money to do that. Moving everyone out will be the nail in the coffin of that
building.
Louws stated this ordinance is just to establish the fund and put the money in place
in the event the Council decides to purchase the State Street building.
The motion carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner and Weimer (5)
Nays: Brenner (1)
Absent: Kremen (1)
4. ORDINANCE ESTABLISHING A CAPITAL BUDGET APPROPRIATION FOR
RENOVATION OF THE CIVIC CENTER BUILDING (AB2013-349) (8:19:34 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Mann, Crawford, Kershner and Weimer (4)
Nays: Knutzen and Brenner (2)
Absent: Kremen (1)
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herein is subject to change upon further review and approval by the Whatcom
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S. RESOLUTION IDENTIFYING 2014 AND 2015 SALARIES AND BENEFITS FOR
EXECUTIVE BRANCH ELECTED OFFICIALS (AB2013-357) (8:20:17 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the substitute resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LANDC, ETC., LLC FOR ON
CALL HYDRAULIC MODELING ASSISTANCE FOR THE LOWER NOOKSACK
RIVER, IN THE AMOUNT OF $50,000 (AB2013-358) (8:21:26 PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WATERSHED SCIENCE &
ENGINEERING FOR ON CALL HYDRAULIC MODELING ASSISTANCE FOR THE
LOWER NOOKSACK RIVER, IN THE AMOUNT OF $50,000 (AB2013-359)
(8:22:13 PM)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A JOINT
FUNDING AGREEMENT BETWEEN WHATCOM COUNTY AND THE UNITED
STATES GEOLOGICAL SURVEY FOR THE ONGOING OPERATION AND
MAINTENANCE OF THE COUNTY'S STREAM GAUGES, IN THE AMOUNT OF
$85,620 (AB2013-360) (8:22:36 PM)
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(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
9. CONSIDERATION OF A REQUEST FOR A ONE-YEAR EXTENSION OF A
BINDING SITE PLAN PERMIT, SUBMITTED BY BELCHER/SWANSON ON
BEHALF OF OXY CORPORATION FOR NORTHGATE INDUSTRIAL PARK NO. 2
(BSP2006-0001) (AB2013-351) (8:23:13 PM)
Knutzen reported for the Planning and Development Committee and stated this item
was withdrawn from the agenda.
10. ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATING TO
CAPITAL FACILITY PLANNING FOR SPECIAL PURPOSE DISTRICTS (AB2013-
345) (8:23:32 PM)
Knutzen reported for the Planning and Development Committee and moved to
forward to concurrent review with replacement of Council packet page 302.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
11. JOINT RESOLUTION SUPPORTING WSAC FISCAL SUSTAINABILITY
INITIATIVE (AB2013-352) (8:25:15 PM)
Weimer moved to approve the resolution.
Crawford stated this resolution is simply about asking the State to stop giving
counties unfunded mandates and stop pulling funding from programs after a couple of
years. For that reason, he will support the resolution. He hesitates because there is no
initiative language. He asked if there is a specific initiative.
Kershner stated this came from Councilmember Kremen.
Mann stated Councilmember Kremen talked quite a bit today about the limitations on
counties and their fundraising abilities, but not about the sustainability initiative specifically.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
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12. APPROVAL OF "STANDING" COUNCIL MEETINGS FOR 2014 — SURFACE
WATER WORK SESSIONS AND HEALTH BOARD (AB2013-355) (8:27:16 PM)
Brenner moved to approve the schedule.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
13. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
RACHEL COX TO THE BEHAVIORAL HEALTH ADVISORY BOARD (AB2013-374)
(8:27:50 PM)
Knutzen moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
14. RESOLUTION APPROVING THE SAMISH WATER DISTRICT COMPREHENSIVE
SEWER PLAN UPDATE (AB2013-354) (8:28:19 PM)
Brenner moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
INTRODUCTION ITEMS
(8:28:52 PM)
Kershner stated there are replacement pages for Introduction Items three and 11.
Brenner moved to accept the introduction items, including the replacements for
items three and 11.
Mann moved to introduce and hold a public hearing on November 26 on the
acquisition of the jail site.
Jack Louws, County Executive, stated moving County staff from the Northwest Annex
into the State Street building in town may have an impact on people who work in the
building and trade industries. It would be a good gesture to allow some public comment on
the plan before purchasing that building.
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Mann amended his motion and moved to introduce and hold a public hearing on
November 26 on the acquisition of the jail site and to introduce and hold a public hearing on
November 26 on the proposal to move Planning and Development Services staff to the State
Street Building.
Crawford stated he is opposed. It's not necessary.
Mann stated it may not be necessary, but it's good practice on something like this.
Crawford asked the reason for having a public hearing.
Mann stated they don't need to do it. They won't necessarily get any new
information. However, people in the neighborhood really care about this issue. One person
asked for more time to collect her information to present to the Council. Siting of a new jail
is a big deal. Setting up the fund and going forward with the purchase doesn't obligate
them to any particular kind of a jail. Having a dedicated hearing may get the issue into the
newspaper so people will know rather than having it buried in a budget ordinance.
Crawford stated the information handed out referenced Johnson County justice
services in Johnson County, Iowa, with a population of 130,000 and a jail with the capacity
for 92. The Sheriff is beside himself. They have failed on two bond votes to get a new jail.
The last bond issue was going to be for $40 million to build a jail with a capacity of 190
beds. In the meantime, they are spending millions of dollars putting the people they
incarcerate into jails outside the county. Understand that this was not the sheet from the
County saying this is how they handle criminal justice. The Sheriff and county leaders are
advocating to build a jail that will handle just their current challenges. When he ran for
election, he was confident Whatcom County would have a new jail built by the end of his
term in 2007. Now ten years later, all they are doing is buying the piece of real estate
they've been looking at for two years, and councilmembers want to have another public
hearing on the purchase of that real estate when it was made imminently clear today that
so many things about the design of this facility is completely up in the air. He doesn't want
to belittle or be opposed to public input, but he's on public input overload when it comes to
this simple real estate transaction. They have gone over this issue so many times. In the
design phase, the Council will hear from the public and welcome their input. He's not
against public hearings. It's not necessary in this case or for the State Street project.
Mann stated nothing he's said is based on this handout that Councilmember
Crawford referenced. Based on everything he knows of that site, he is in favor of the
purchase. Two more weeks won't make a huge difference. Siting a jail is very difficult.
This process has benefitted from a lot of public input over the years, and more of late.
They've made better decisions about where to put it and how big to make it. Don't be in a
position of having people again say the Council is doing this without telling them. Have a
specific announcement and a public hearing.
Brenner stated she supports the motion because they can't have too many public
hearings.
The motion to introduce the two additional items failed by the following vote:
Ayes: Brenner, Mann and Weimer (3)
Nays: Crawford, Knutzen and Kershner (3)
Whatcom County Council, 11/12/2013, Page 13
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Absent: Kremen (1)
The motion to introduce items one through 11, with substitute pages for items three
and 11, carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 6.04.150 IMPOUND,
REDEMPTION AND DISPOSITION OF ANIMALS (AB2013-375)
2. ORDINANCE REGARDING INSTALLING STOP SIGNS ON VARIOUS ROADS
WITHIN THE COUNTY (AB2013-376)
3. RESOLUTION ADOPTING THE 2014 BUDGET FOR THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT (AB2013-377) (COUNCIL ACTING AS THE
WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF
SUPERVISORS)
4. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM
COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2014 (AB2013-378)
(COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT BOARD OF SUPERVISORS)
S. ORDINANCE AUTHORIZING THE LEVYING OF 2014 PROPERTY TAXES FOR
COUNTY ROAD PURPOSES (AB2013-379)
6. ORDINANCE LIMITING THE 2014 GENERAL FUND PROPERTY TAX LEVY
(AB2013-380)
7. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
PURPOSES IN WHATCOM COUNTY, WASHINGTON FOR THE YEAR OF 2014
(AB2013-381)
8. ADOPTION OF AN ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR
COUNTY CONSERVATION FUTURES PURPOSES FOR 2014 (AB2013-382)
9. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, FOURTEENTH
REQUEST, IN THE AMOUNT OF $420,866 (AB2013-383)
10. ORDINANCE TO REPLACE THE EMERGENCY MEDICAL AND AMBULANCE
ADVISORY BOARD ESTABLISHED THROUGH WHATCOM COUNTY ORDINANCE
NO. 82-109 AND AMENDED THROUGH ORDINANCE 2006-007 (CODIFIED IN
WHATCOM COUNTY CODE AS CHAPTER 5.04.080) WITH THE EMS
OVERSIGHT BOARD AND TECHNICAL ADVISORY BOARD DEFINING THE
COMPOSITION AND DUTIES OF THESE NEWLY ESTABLISHED BOARDS
(AB2013-384)
11. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, SECOND
REQUEST, IN THE AMOUNT OF $8,301,374 (AB2013-385)
Whatcom County Council, 11/12/2013, Page 14
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
OTHER BUSINESS
(8:40:43 PM)
FERNDALE URBAN GROWTH AREA — DEVELOPMENT STANDARDS BRIEFING
(AB2013-373)
Brenner stated this language should be standard for all memoranda of
understanding (MOU) with the cities. The County Council should vote on the MOU. The
Council used to vote on all the MOUs. She asked to vote on the MOU with the City of
Ferndale regarding Development Standards. She moved to support the language in the
MOU.
Mann stated the MOU is on Council packet pages 260 through 264. It was item one
on the Planning and Development Committee agenda.
Brenner stated the MOU has no force of law. It was developed in a cooperative way,
and she likes the results. She hopes they can all be done this way.
Karen Frakes, Prosecutor's Office, stated it's not a resolution. They can ask for the
Council's support.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Weimer (6)
Nays: None(0)
Absent: Kremen (1)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(8:43:44 PM)
Brenner reported she attended the Veterans Day ceremony at Mt Baker High School.
More people attended this year than last year. She's impressed with what Veterans do for
the country, and she thanks them for their service. Each year, she reads a poem "In
Flander's Fields." She described the poem and its history.
Crawford reported he was a member of the Canvassing Board and worked with the
Auditor regarding the Everson ballot drop box issue. They didn't find any evidence of
tampering. The Canvassing Board directed Auditor Debbie Adelstein to investigate a more
secure locking system for the drop boxes. It shouldn't require a budget request, but may
cost a small amount. The security and integrity of elections are of primary importance.
Make sure the Auditor has the resources to make sure that happens.
He congratulated the councilmembers-elect and expressed his condolences to those
who did not win the election. He looks forward to working with the new Council. He
requests that they consider allowing the councilmembers-elect to have County email and
receive all correspondence as soon as the election is certified. Also, invite the
councilmembers-elect to sit in on executive sessions if they choose to.
Whatcom County Council, 11/12/2013, Page 15
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Brenner stated she was really shocked at how the ballots displayed voter signatures
on the outside of the ballot. It's happening all over the state. Identity theft happens a lot,
especially with the elderly who are more trusting. She talked to the Auditor about this. The
Council should revisit the issue of allowing the secret label, which is more expensive. The
County owes it to the public to keep signatures as part of the secret ballot.
ADJOURN
The meeting adjourned at 8:48 p.m.
The Council approved these minutes on , 2013.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk
Jill Nixon, Minutes Transcription
Kathy Kershner, Council Chair
Whatcom County Council, 11/12/2013, Page 16
504
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013 401
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assi ned to:
Originator.-
Brenner
11/19/2013
11/26/2013
P&D and Council
Division Head:
12/10/2013
P&D
Dept. Head:
G
Prosecutor:
Purchasi» /Bud et:
Executive:
TITLE OF DOCUMENT.
Discussion regarding representation on WRIA 1 Planning Unit (Council as FCZDBOS)
ATTACHMENTS.
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.)
Discussion and recommendation by the Council acting as the Whatcom County Flood Control District Board of Supervisors regarding representation
on the WRIA 1 Planning Unit.
COMMITTEE ACTION:
COUNCIL ACTION.
11/26/2013: Discussed
11/26/2013: Held to December 10, 2013
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.
505
Dana Brown -Davis
From: Daniel Gibson
Sent: Tuesday, December 03, 2013 11:14 AM
To: Dana Brown -Davis; Chris Brueske; Karen Frakes
Subject: RE: WRIA Planning Unit Appointment
Attachments: 20131203Structure&Function.pdf; 20131203Planning UnitRCW.pdf
Dana:
The question regarding Council appointment of a new representative to the Planning Unit has been referred to me. I
have attached a couple of documents that provide the answer to that question. One is the text of RCW 90.82.060 which
indicates in subsection (6) that the composition of the Planning Unit is subject to determination by the initiating
governments, which in this instance includes Whatcom County, the City of Bellingham, PUD #1, and the
tribes. Subsection (7) of the same statute states that "the number of state agency representative on the planning unit
shall be determined by the initiating governments in consultation with the governor's office." The other document,
dated March 25, 1999, is referred to as the "Structure and Function" document. This document which identifies the
various planning unit members and caucuses specifies that the representatives of the initiating governmental agencies
will be technically qualified staff persons.
It appears to me that the discussion about changing representation on the Planning Unit may have occurred without
fully accounting for the language of the pertinent statute and the structure and function agreement into which the
County entered as one of the initiating governments. That language has been highlighted in yellow in the attached
documents. I am available to address these matters further with any interested council members.
From: Dana Brown -Davis
Sent: Monday, December 02, 2013 3:36 PM
To: Chris Brueske; Daniel Gibson; Karen Frakes
Subject: WRIA Planning Unit Appointment
YfeCCo, of
I see that JiCCsent you the minutes from Cast weeks council meeting discussion related to the appointment of
a member of the TCZDBoS to the WRIA 1 Tianning Vnit. The item was held to Decem6er 10 and I am
wondering if anyone has had a chance to ponder the question of whether or not it's okay for us to do this?
Please advise.
Thankyou.
Dana
Dana Brown -Davis, CWC
311 CjrandAvenue, Suite 105
Beffingizam, ` ,4.. 98225
3 60.676.6690
dbrown0ce whrtcom Hari
Me
1VMA 1 - 3.005
Wlielcom Cunnty
1
1VaterResrnucesEilmacy
1 � �17FO 1 t ,, v'
2221 Pacific Streel —v? Bellingham WA 98226
MEMORANDUM
Date; March 25, 1999
To: Councils of the Initiating Governments
Federal and State Agencies
Other Local Governments
Water Resource Interests
General Public
(360) 676-6850 (360) 676.7799 Fax
From: WRIA 1 Initiating Governments Administrative Decision Makers
Tom Anderson, PUD #1
Mark Asmundson, City of Bel
Merle Jefferson, Lummi
Bob Kelly, Nooksack Tri
Pete Kremen, Whatcom Cour
'� 4�,
Subject: Watershed Management Proje'6t Sfrttdture and Function
Enclosed please find a copy of the document entitled, Watershed Management
Project Structure and Function.
The Initiating Governments first described the structure and function of the
Watershed Management Project in a draft document provided on December 29,
1998. In response to comments received about that initial document, the
structure has been refined and additional information provided on the Public
Involvement and Education plan and caucus formation and function. This report
presents the refined structure and function of the Planning Unit and the other '
elements of the Watershed Management Project. This document consists of a
seven page description and a diagram of the structure and function of the
project; Addendum #1, WR1A 1 Watershed Management Project Public
Involvement and Education; and Addendum #2, WR1A 1 Watershed
Management Project Caucus Formation and Function.
Initiating Governments
Lummi Nation Public Utility District No, i Whatcom County City of Bellingham NooWck Tribe
507
WRIA 1 WATERSHED MANAGEMENT PROJECT
STRUCTURE AND FUNCTION
INTRODUCTION;
Within the next few months and years, decisions will be made and plans implemented
regarding the water resources of the Nooksack River watershed and certain adjacent
streams (Water Resource Inventory Area 1 or WRIA 1). These decisions and plans,
along with the Growth Management Act and projects in response to the pending
Endangered Species Act listing for Chinook salmon, will determine the landscape, the
environmental health, and the economic future of Whatcom County and surrounding
areas. Agencies of federal, tribal, and state governments are authorized to make these
decisions, and many of these decisions are being formulated now.
The state legislature, with agreements from federal agencies, has provided an opportunity
for watershed management decisions to be made locally. The local opportunity was
provided by the Watershed Management Act (ESHB 2514, RCW 90.82) of April 1998.
This law provides that if local representatives in WRIA 1 can work together; make
scientifically sound assessments of the problems; collaborate to form a Planning Unit;
forge agreements among the affected parties; adhere to federal, tribal, state, and local
laws; and create a comprehensive watershed management plan and implementation
strategy, then the state agencies will accept the locally determined decisions. Federal
agencies participating or represented in the planning project may also accept the
applicable obligations included in the plan.
The local Watershed Management Project began with a grant from the Department of
Ecology in June 1998. In accordance with the intergovernmental Memorandum Of
Agreement signed in October 1998, the first task of the Initiating Governments
(described below) is to fully define the Planning Unit. An initial attempt to describe the
structure and function of the Watershed Management Project was released on December
29, 1998. In response to comments received about the document, the structure has been
refined and additional information provided on the Public Involvement and Education
plan and caucus formation and function. A new schedule for formation of the Planning
Unit is also being developed. This report presents the refined structure and function of
the Planning Unit and the other elements of the Watershed Management Project. This
document does not, however, change or waive any rights of the Initiating Governments
under ESHB 2514.
If local elected and appointed decision -makers can succeed at working together, they will
determine how water resources in WRIA 1 are managed. If local decision -makers cannot
cooperate and plan together, the state, tribal, and federal governments will make the
necessary water resource management decisions. The stakes are enormous. Everyone's
pocketbook and quality of life will be affected. The decisions will affect water quality,
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WRIA 1 Watershed Management Project Structure and function
salmon habitat, jobs, farms, cities, and households. Here is a partial list of questions to
be addressed:
• Will there be reliable supplies of safe drinking water in Whatcom County?
• What actions are necessary to achieve water quality standards throughout WRIA 1?
• What new rules will apply to the operation of dairies, other farms, industry, municipal
waste treatment systems, and septic systems?
• What storm water management systems will be needed and how will they be built?
• Will water be available for future growth of agriculture, industry, small cities,
housing, and water districts?
• Will we build reservoirs and water storage facilities?
• Will there be enough water for our existing farms?
• How much water is needed for fish and other instream resources?
• How much funding will be needed to pay for new systems and how will it be raised?
• If local Watershed Management Act planning does not succeed, how much money
will be consumed by legal battles?
The Initiating Governments are committed to addressing these and other long-standing
water resource management issues. These governments have assembled a capable Staff
Team that is action oriented and has learned the lessons of past water resource planning
efforts. The Watershed Management Act may provide the last opportunity for local
decision -makers to plan and implement necessary water resource solutions. Now is the
time to trust, cooperate, and work together.
THE WATERSHED MANAGEMENT ACT PLANNING PROCESS:
The attached diagram labeled "WRIA 1 Watershed Management Project" shows how the
planning process will proceed. This structure and process was negotiated and defined
with public comments and over the course of several meetings by the Initiating
Governments, (i.e., the City of Bellingham, the Lummi Nation, the Nooksack Tribe,
Whatcom County, and PUD No.1 of Whatcom County). The Initiating Governments
designed this process to achieve several important agreed -upon goals:
• The working process will be practical, orderly, and action oriented.
• The tribal principle of negotiating government -to -government must be honored and
preserved.
• The interests of all affected governments (local, state, federal, and tribal) will be
considered.
• Other water resource interests will be represented.
• The number of people at the table will be limited to a manageable size.
• Representatives on the Planning Unit must be working members, responsible for the
needs of those they represent and for the tasks and work of the Planning Unit.
• Extensive public involvement will be encouraged, with ample opportunity for
education, input, and obtaining information about the process.
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WRIA t Watershed Management Project Structure and Function
In designing this planning process, the Initiating Governments were guided by the
Watershed Management Act, instructional seminars and written guides to implementing
the law, by public comments, and by the Memorandum Of Agreement between the City
of Bellingham, the Lummi Nation, Whatcom County, and PUD No.1. They were also
guided by the practical experience of those who have been involved in previous
watershed planning efforts in Whatcom County. As the planning process proceeds, this
previous experience will help the participants avoid the problems and capitalize on the
strengths of past efforts.
The Indian tribes in WRIA 1, the Lummi Nation and the Nooksack Tribe, have taken a
leadership role in this project, with a commitment to cooperation and collaboration. This
tribal dedication and professionalism increases the probability of the project's success,
and separates this effort from previous watershed planning efforts. The tribes have treaty
rights that cannot be affected by state law. Their active participation in a watershed
process created by state law is voluntary and demonstrates a good faith desire to
cooperate with other governments.
COMPONENTS OF THE PLANNING PROCESS:
The attached diagram of WRIA No.1 Watershed Planning defines and describes the
components and functions of the planning project. The arrows between the components
in the diagram mostly represent the flow of information, communication, and feedback,
and should not be confused with organizational charts that depict lines of authority and
reporting responsibility. This process must be a collaborative effort, characterized by
cooperation, trust, and mutual support if it is to succeed.
In the large box in the middle of the diagram are the Administrative Decision -Makers and
the Staff Team of the Initiating Governments. This represents a part of the government -
to -government structure required by the Lummi Nation and the Nooksack Tribe. This
group will design, coordinate, and support the planning process. The Staff Team will
coordinate the day-to-day functioning of the planning process and assist in formulating
and carrying out the designs and decisions of the Administrative Decision -Makers.
Together the Administrative Decision -Makers and the Staff Team will determine the
overall structure of the planning project, determine the scope of work, organize and
coordinate the Technical Teams, design and implement Public Involvement and
Education (PIE), select and provide support staff, administer budgets and contracts,
facilitate the Planning Unit, and communicate with the councils of the Initiating
Governments.
The large box at the bottom represents the Planning Unit. This body will facilitate the
contribution of knowledge, technical expertise, funding, equipment, and other resources,
and thereby contribute to the technical assessments and tasks necessary for knowledge -
based decision making. In addition to assisting with the work of the project,
representatives on the Planning Unit will be responsible for expressing the interests of
their constituents, The Planning Unit will endorse the water resources plan before it is
brought to the Administrative Decision -Makers of the Initiating Governments.
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Participants on the Planning Unit will be the staff representatives for the General Purpose
Governments, and representatives of Water Resource Interest caucuses, which are
explained more fully below.
Whatcom County is the Lead Agency for the Watershed Management Project. The role
of the Lead Agency in this effort is administrative. The agency is to coordinate and
facilitate the watershed planning process. The Lead Agency will provide staff and
receive and disburse funds for the execution of grants, contracts, and services as
determined by consensus of the Initiating Governments. Whatcom County, as the general
purpose government with county -wide taxing authority, is the rational source to fund the
local portion of the Watershed Management Project.
The Councils of the Initiating Governments are the elected policy makers who have the
final approval authority for the watershed plan. These councils will also provide policy
direction and feedback to both the Administrative Decision -Makers and the Staff Team.
STRUCTURE OF THE PLANNING UNIT:
The Planning Unit is comprised of representatives for General Purpose Governments and
representatives for Water Resource Interests. Technically qualified professional staff will
be appointed to represent the Initiating Governments on the Planning Unit. The other
three general purpose governments (state agencies, federal agencies, and small cities) will
each select a representative to participate. Water Resource Interests (including some
special purpose governments) will each form a caucus group and select a representative.
To ensure that a manageable size is maintained, only one representative from each caucus
will participate in the Planning Unit meetings.
Meetings of the Planning Unit will be run efficiently in accordance with an agenda of
issues distributed well in advance. Planning Unit meetings will be open to the public for
observation, but will not be conducted as open public forums. There will be regularly
scheduled opportunities in other contexts for general public comment and input.
Caucuses: Water Resource Interests.
Water Resource Interests, including Fishers, Agriculture, Forestry, Environmental, Land
Development, Non -municipal Water Systems, Water Districts, Diking/Drainage Districts,
and Exempt Well Owners will each have an opportunity to form a caucus and select a
representative. The Port Authority will also be invited to select a representative for the
Planning Unit.
It is anticipated that some of these caucuses may contain organizations and individuals
with somewhat divergent views. In those instances where the caucus cannot come to
speak with one mind on a given issue, it will be the responsibility of the caucus
representative to present all of the divergent viewpoints fairly. Caucuses will need to
organize themselves, direct their activities, and create means for communicating among
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the members and their designated representative. Each member organization in the
caucus must be fairly informed, heard, and represented.
Participation in a caucus provides an opportunity to assist the planning process and to
express a viewpoint regarding issues. Some water resource organizations or individuals
may participate in activities or businesses that overlap the interests of more than one
caucus. In those instances, the people must choose to participate in one caucus that most
closely represents their activities. Attempting to be represented by more than one caucus
is not in keeping with the spirit and intent of the caucus system, and could lead to unfair
abuse or manipulation of the process. The goal is to allow full representation of all
viewpoints. If it becomes necessary, the Administrative Decision -Makers and/or the
Planning Unit can be asked to resolve disputes arising from caucus representation issues.
The formation and functioning of the caucuses will likely be a challenging process.
Organizations and people who want to participate in the planning process will have to
commit time and resources to the effort and come together with others of similar interests
in a spirit of collaboration, fairness, and mutual support. Because the planning effort is a
multi -year process, the caucuses must be defined and structured so as to withstand the
rigors of long association and potentially contentious events. Representatives must be
chosen carefully as these people will be expected to devote considerable time to the
service of all of their members.
The Initiating Governments intend to provide some support to the caucus organizations
and to facilitate the formation of the caucuses. It would not be appropriate, however, for
the Initiating Governments to assume responsibility for the formation and functioning of
the caucus organizations. Each caucus is the responsibility of its members. Two addenda
are provided with this document. Addendum 1, Public Involvement and Education, and
Addendum 2, Caucus Formation and Function, describe some of the ways that the
Initiating Governments will assist in the caucus and public involvement process.
Additional methods and resources for assistance may emerge as the Planning Unit and
the Caucuses begin to function and further define their needs and responsibilities.
TECHNICAL TEAMS:
Much of the initial planning effort will consist of conducting technical studies designed
to answer specific questions. The Staff Team will work with the Technical Teams to
address questions related to water quantity, water quality, habitat, and instream flows.
The Technical Teams, which may include consultants or researchers provided by federal
or state agencies, will develop the technical assessments necessary for knowledge -based
decision making. The Technical Teams will distribute updates and reports to the
PIanning Unit, and will at times conduct or assist in educational programs for the public
and interested groups.
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PUBLIC INVOLVEMENT AND EDUCATION:
It is essential that the general public have both easy access to information about water
resource management decisions and multiple opportunities to participate in the project.
The public needs to know the benefits that will be received from the expenditures for the
project. Many interested citizens would also like to contribute to the process or to
provide helpful and constructive comment and input. Finally, the public needs to be able
to monitor the project and be satisfied that their diverse needs are being considered.
To ensure broad public participation, a Public Involvement and Education (P.I.E.) team
will be formed. This team will use a variety of methods, including public meetings and
communication tools such as a telephone hotline and an Internet web page, to facilitate
and encourage public awareness, participation, and input. Addendum 1, Public
Involvement and Education, describes the specific programs that are currently
anticipated. A Public Involvement and Education Coordinator will be hired by the
Initiating Governments to serve this need, and additional programs for public input may
grow from experience in this area.
INITIAL TASKS OF THE PLANNING UNIT;
The Planning Unit will initially need to decide some of its own operating procedures and
protocols. The functional tasks of the Planning Unit for approximately the first two years
will primarily concern the data collection and analysis for the assessment phase of the
project. Water allocation and supply issues are of paramount importance in this project,
but before any knowledge -based decisions or negotiations can occur, we must have
accurate estimates of the amount of water available, the amount of water currently
allocated, and the amount of water being used. This analysis will include determining
how much water is consumed for beneficial uses compared with the quantity permitted
for such uses. The Planning Unit will not immediately begin a process of negotiating
future allocations.
FURTHER INFORMATION:
The Watershed Management Project will soon provide a telephone hot line and an
Internet web page. For now, please address any questions or comments, as well as
information about the caucuses, to:
Barry Hill email: bhill@cob.org
WRIA No.I Watershed Planning Phone: (360) 676-6850 x301
2221 Pacific St. Fax: (360) 676-7799
Bellingham, WA 98226
Two addenda are attached:
Addendum 1, Public Involvement and Education
Addendum 2, Caucus Formation and Function
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M_ nasple; I
1 Project
I
2221 Pacific Slreel +4� Bellingham WA 96226 (360) 676-6850 �? (360) 676.7799 Fax
ORGANIZATION
TRIBAL, FEDERAL, STATE, LOCAL
RESPECTIVE COUNCILS OF THE
INITIATING GOVERNMENTS
PUBLIC Polic l Makers
FORUMS WHATCOM COUNTY LUMMI NATION
PUD No. 1 CITY OF BELLINGHAM
NOOKSACK TRIBE
PUBLIC
FORUMS
INITIATING GOVERNMENTS
Admini �� Dedslon Makers (ADM=
WHATCOM COUNTY"
PETE KREMEN
LUMMI NATION
MERLE JEFFERSON
TECHNICAL
CITY OF BELLINGHAM
MARK ASMUNDSON
TEAMS
PUD No. 1
TOM ANDERSON
NOOKSACK TRIBE
*QUANTITY
*QUALITY
*Lead Agency
•HABITAT
•INSTREAM FLOW
Staff Team (ST)
WHATCOM COUNTY
SUE BLAKE
LUMMI NATION
LEROY DEARDORFF
CITY OF BELLINGHAM
KEN THOMAS
PUD No, 1
TOM ANDERSON
LIC
NOOKSACK TRIBE
OLVEMENT/
E
STATE
CATION TEAM
FEDERAL
Watershed Planning Unit
WHATCOM COUNTY
LUMMI NATION
CITY OF BELLINGHAM
PUD No. 1
NOOKSACK TRIBE
SMALL CITIES
STATE
FEDERAL
FISHERS
AGRICULTURE
FORESTRY
ENVIRONMENTAL
LAND DEVELOPMENT
NON -MUNICIPAL WATER SYSTEMS
WATER DISTRICTS
DIKING/DRAINAGE DISTRICTS
PORT AUTHORITY
PRIVATE WELL OWNERS
Initiating Governments
FUNCTION
Plan Implementation
Respective Councils
Final Plan Approval
Hold Appropriate Public Forums
Feedback to Administrative
Decision -Makers and Staff Team
Policy Direction
Initiating Governments
ADM & ST
Recommend Plan Approval
Determine Scope of Work
Design Planning Unit
Design Technical Teams
Design Public Process
Update I.G. Councils
Select/Provide Staff
Budget Administration
Administer Contracts
Coordinate Planning Unit
*Lead Agency
Receive and disburse funds for
the execution of grants, contracts
and services. Provide staff as
determined by consensus of the I.
G. to coordinate and facilitate
watershed planning process.
Watershed Planning Unit
Facilitate the contribution of
knowledge, interests, technical
expertise, funding, equipment,
and other resources towards the
development and production of
the Watershed Plan.
Caucus Structure:
One representative from each of
the IS Caucus groups.
Consensus decision making by
General Purpose Governments.
Majority decision making by
Water Resource Interests.
Recommend Plan Approval to the
Initiating Governments.
Lummi Nation Public Utility District No. 1 Whatcom County City of Bellingham Nooksack Tribe
514
Addendum N I to Watershed Management Project Structure and Function
WRIA 1 Watershed Management Project
Public Involvement and Education
Introduction:
It is essential that the general public in Whatcom County are given adequate access to
information regarding the Watershed Management Project, and have multiple opportunities to
participate in the process. Information will be distributed using a number of methods including
public meetings, a telephone hot line, and the Internet. At a minimum the general public will
have the following opportunities to participate in the Watershed management Project:
• Caucuses on the Planning Unit
• Watershed management forums
• Public meetings
• Public hearings
To achieve the desired goal of an informed and involved public, a Public Involvement &
Education Team (P.I.E.) is being formed by the Initiating Governments, The P.I.E. Team will be
responsible for coordinating communications, managing the flow of information, and developing
a strategic program of raising public awareness and obtaining public input and participation. The
goal of the P.I.E. team is to encourage and facilitate the exchange of information between the:
• Public and the Planning Unit
• Public and the Caucuses
• Public and the Technical Teams
• Public and the Initiating Governments
• Technical teams and the Planning Unit
The education component of the P.I.E. program will complement the public involvement
component. The P.T.E. education efforts will be focused mainly on the WRIA 1 Watershed
Management Project, but will assist in the salmon habitat restoration activities underway in
response to ESHB2496, and will also cooperate with other community organizations who are
conducting education programs on related issues. For example, it is anticipated that the P.I.E.
Team will work cooperatively with organizations such as: Whatcom County Cooperative
Extension, Nooksack Salmon Enhancement Association (NSEA), Whatcom Watersheds
Information Network (WWIN), City of Bellingham Public Works and Parks Departments, RE
Sources, Washington State Department of Ecology, Northwest Ecosystem Alliance, North
Cascades Audubon, Conservation District.
The purpose of this document is to further describe the Public Involvement and Education effort
that will be undertaken as pat of the WRIA 1 Watershed Management Project.
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Addendum # I to Watershed Management Project Structure and Function
Public Involvement and Education Coordinator
The P.I.E. program will be led by a Public Involvement and Education Coordinator who will be
selected and hired by the Initiating Governments. This person will encourage input and facilitate
participation by the public. The P.I.E. Coordinator will:
• Further develop and implement a P.I.E. program under the Watershed Management Project
• Act as the liaison between the members of the Planning Unit as well as between the Planning
Unit and the general public
• Serve as lead and oversee the staff of the P.I.E. Team
• Prepare and monitor the P.I.E. budget
• Prepare and/or direct preparation of P.I.E. contracts and grant applications
• Manage P.I.E. contracts and grants
Information and Communications
The P.I.E. Team will utilize a wide variety of media to disseminate information and ensure the
flow of communications between all parties involved in the Project. Media may include:
• An Internet web site and e-mail
• Telephone
• Newspapers
• Brochures
• Direct Mail
• Newsletters
• Radio
• Television
For efficiency, to reduce costs, and to conserve natural resources, the P.I.E. Team plans to use a
telephone hot line and an Internet web site as the two primary communication tools.
The Hot line
The P.I.E. Team will establish a countywide, toll -free telephone hotline that people can call for
general information, the latest news, notices of meetings, and contact information. The
telephone number for the hotline will be widely publicized and the information available through
the hot line kept up-to-date by the P.I.E. Team.
The Website
The Internet is an invaluable tool for communicating, distributing information, and gathering
public input. While not every citizen in Whatcom County owns a personal computer and has
03/ 18/99
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516
Addendum #1 to Watershed Management Project Structure and Function
Internet access from their home, almost everybody knows someone who does and everyone can
access the Internet free of charge at the Public Library. A website will give the P.I.E. Team the
ability to disseminate information quickly, obtain public input, and encourage public
involvement.
The Watershed Management Project web site will be made user-friendly by incorporating many
of the features common to other web sites. There will be a standard "Home Page" which is the
hub of the -site and the first page reached when people visit. This page will have a logo, slogan,
and a brief description of the Watershed Management Project. The remainder of the Home Page
will consist of links people will be able to follow in order to find the information they seek.
Probable links would include:
• Planning Unit page
• Page for each caucus
• News
• Calendar of events
• Documents
• Links
• Searchable resource center
• Technical teams
Additionally, the web site may include features such as: surveys or polls; a feedback form which
can be filled out and submitted online; e-mail discussion lists and a directory of contact names,
addresses, telephone numbers, and e-mail addresses.
The Watershed Management Conference
To formally launch the P.I.E. effort and provide an organizing opportunity to caucuses, the P.I.E.
Coordinator and P.I.E. staff will organize and facilitate a "Watershed Management Conference"
to be held on May 5, 1999. Widespread publicity for and about the event will be arranged to
enable interested citizens to become involved with a caucus. The conference will provide the
time and focus for each caucus to identify priority issues of members, select representatives to
the Planning Unit, and assess organizational needs.
The Watershed Management Conference will be a 4-hour long event. The conference will start
with an overview of the WRIA 1 Watershed Management Project, the role of the caucuses, and
an introduction to the P.I.E. program. There will be a visual presentation of the WRIA I
Watershed Management Project web site as well as a general description of the other avenues the
public will have for obtaining information and communicating with the Project (e.g., the
telephone hot line).
The remainder of the conference will consist of facilitated break-out groups for each caucus and
one group for individuals who do not feel they can be represented by a caucus. After the break-
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Addendum # l to Watershed Management Project Structure and Function
out groups meet, there will be reports from each group and an opportunity for general public
comments and questions.
This event will also introduce the Watershed Management Forums, a series of regularly
scheduled public meetings for people who want to be informed and heard throughout the
planning process.
The Watershed Management Forum
The P.I.E. Team of the Initiating Governments will sponsor Watershed Management Forums.
These Forums are to provide a mechanism for participation and input by people or organizations
who may not feel that they can be represented by one of the caucuses. Many of these forums will
be informational and of broad interest.
The Watershed Management Forums will be open public meetings facilitated by the P.I.E.
Coordinator. The Forums could act as a mechanism for the public to hear about and comment.on
the work of the caucuses, and will provide time for input and discussion as well as time for
presenting information. The two-hour Forums will be regularly scheduled at a central county
location. Members of the Initiating Governments Staff Team and Technical Teams may attend
these meetings. The discussion topics will be publicized at least one week prior to the meeting
on the Watershed Management Project web site, on the telephone hotline, in local papers, on
local radio bulletin boards, and through other means as necessary.
The meetings of the Forum will revolve around the Planning Unit meetings and will be called:
Pre -Planning Unit Meeting Forum, Post -Planning Unit Meeting Forum, and General Forum. A
sample schedule may look like this if the Planning Unit meetings were held quarterly:
Pre -Planning Unit Meeting Forum
7/15/99
Planning Unit Meeting
7/30/99
Post -Planning Unit Meeting Forum
8/15/99
General Forum
9/15/99
Pre -Planning Unit Meeting Forum
10/15/99
Planning Unit Meeting
10/30/99
And so on....
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PIE addendum 031699.doe
518
ADDENDUM #2 to Watershed Management Project Structure and function
WRIA 1 Watershed Management Project
Caucus Formation and Function
INTRODUCTION:
The representation and participation of water resource interests on the Planning Unit for
the Watershed Management Project will be accomplished through a caucus system. Ten
water resource interests and special purpose governments (including Fishers, Agriculture,
Forestry, Environmental, Land Development, Non -municipal Water Systems, Water
Districts, Diking/Drainage Districts, the Port Authority, and Private Well Owners) each
have the opportunity to form independent caucuses and select a representative for the
Planning Unit.
These caucuses are independent organizations; the formation and functioning of the
caucuses is the responsibility of its members. The Initiating Governments are not going
to assume responsibility for the caucus organizations. However, the Initiating
Governments intend to facilitate the formation of the caucuses and to provide some
support to the caucus organizations.
The purpose of this document is to provide some guidelines for participation on the
Planning Unit and to assist the caucus process in achieving the goal of full and fair
representation of all viewpoints. Some specific programs for supporting the caucuses are
described in Addendum I - PubIic Involvement and Education. Other support
mechanisms will be adopted as the needs of the Planning Unit and the caucuses become
more clear.
REQUIREMENTS FOR CAUCUS PARTICIPATION:
Prior to the first meeting of the Planning Unit, the officially designated Planning Unit
Representative from each caucus should submit the following information to the
Initiating Governments:
1. A list of organizations and/or individuals that were invited, notified, or have
requested inclusion in the caucus.
2. A list of individuals and the organizations currently represented by caucus
membership.
3. An explanation of how the Planning Unit caucus representative was selected by the
caucus membership, and the term of the Planning Unit caucus representative.
4. A summary of caucus formation meetings, correspondence, and other membership
outreach activities that have occurred prior to the first Planning Unit Meeting.
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Addendum 2 Caucus Formation and Function
Caucus operating procedures describing the authority of the Planning Unit
Representative and of any other officials of the caucus (such as chair, treasurer,
recorder, etc); meeting frequency; means of communication; basis for decision
making; etc.
6. A written request of resources needed to facilitate caucus formation, operation, and
participation on the Planning Unit. Although financial resources for the entire project
are inadequate and must be prioritized, there are creative ways that we can be
mutually supporting or share resources to meet needs.
The Initiating Governments may request additional information or actions to be taken by
a caucus before issuing a letter authorizing participation of the representative on the
Planning Unit.
ROLES AND RESPONSIBILITIES FOR CAUCUS REPRESENTATIVES:
Caucuses should ensure that their representative has the ability to:
1. Speak for the interests of the caucus, both majority and minority viewpoints;
2. Maintain a broad and flexible perspective; and
3. Communicate with people of different viewpoints.
Caucuses should ensure that their representative has the willingness to:
1. Devote the time necessary to keep their caucus informed;
2. Participate in the regular planning unit meetings;
3. Devote the time necessary to review relevant data;
4. Participate with respect, good faith, and candor;
5. Search for opportunities for consensus solutions; and
6. Focus on the resolution of substantive issues.
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Addendum 2 Caucus Formation and Function
SUGGESTIONS FOR CAUCUS OPERATING PROCEDURES:
As potential caucus members come together to define their organization and operating
procedures, and begin to function in the Watershed Management Project process, they
may want to consider some of the following components. The Initiating Governments
offer these suggestions as a simple starting point, with the intention of being helpful, not
directive.
Name of the Caucus
Mission Statement/Goals
Develop a mutually accepted statement of the values and goals that the caucus will
pursue in the project.
Examples:
1. To help foster, develop, and coordinate a basin -wide approach to water resource
planning and management in Whatcom County.
2. To assist the advancement of interests and the common good of all who have an
interest in the present and future welfare of Whatcom County watersheds.
3. Provide perspective and direction in the development of implementation strategies
for the non -point pollution source portions of the Watershed Plan.
Role of the Caucus
What roles will the caucus play in the Watershed Management Project? How will the
caucus accomplish the goals of the mission statement?
Examples:
1. Represent caucus interests in a fair and equitable manner.
2. Provide expertise and original data to the water quality Technical Team regarding
non -point pollution sources affecting our interest.
3. To correct common misconceptions about the impact of our interest on non -point
pollution.
4. Inform, educate, and involve caucus members in watershed issues affecting our
industry.
Membership
Examples:
1. Membership is open to organizations or individuals that derive at least a 10%
portion of their livelihood from businesses in our interest.
2. Membership is open to organizations or individuals who, in addition to the above,
are also not participants in another caucus.
3. A membership list will be maintained.
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Addendum 2 Caucus Formation and Function
4. The caucus will communicate with members by a telephone hot line, a dedicated
caucus page on the Watershed Management Project Internet web site, and by
FAX.
Meetings
Examples:
1. Meetings will be held (bi-monthly, monthly, weekly, as needed).
2. Adequate notice will be given on meeting time, location, etc.
3. Meetings will have an agenda prepared in advance.
4. Meetings will be open to the public.
5. Meeting summaries will be recorded.
6. Meeting will be facilitated.
Caucus Representatives
Examples:
1. Planning Unit Representative: See above description. May also serve as Chair
and/or Facilitator.
2. Planning Unit Alternate: Same as Representative. May also serve as chair and/or
facilitator.
3. Chair: Run Caucus meetings
4. Recorder: Record meeting, prepare meeting summary and agendas
5. Facilitator: Run Caucus meetings
Decision -Makin
Examples:
1. Quorum: A quorum of _ % is needed for decision making
2. Decisions may be made without formal meetings if all organizations respond to a
circulated document
3. Consensus: Work to find/communicate common interests. Inclusive, open, fair,
and collaborative process
— No negative votes, with abstentions allowed
— Unanimous agreement
4. Majority: with minority reports
5. Voting/Non-Voting participants
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RCW 90.82.060: Initiation of watershed planning Scope of planning — Technical assi... Page 1 of 3
RCW 90.82.060
Initiation of watershed planning — Scope of planning — Technical
assistance from state agencies. (Effective until June 30, 2019.)
(1) Planning conducted under this chapter must provide for a process to allow the local citizens within a
WRIA or multi-WRIA area to join together in an effort to: (a) Assess the status of the water resources of
their WRIA or multi-WRIA area; and (b) determine how best to manage the water resources of the
WRIA or multi-WRIA area to balance the competing resource demands for that area within the
parameters under RCW 90.82.120.
(2)(a) Watershed planning under this chapter may be initiated for a WRIA only with the concurrence
of: (i) All counties within the WRIA; (ii) the largest city or town within the WRIA unless the WRIA does
not contain a city or town; and (iii) the water supply utility obtaining the largest quantity of water from
the WRIA or, for a WRIA with lands within the Columbia Basin project, the water supply utility obtaining
from the Columbia Basin project the largest quantity of water for the WRIA. To apply for a grant for
organizing the planning unit as provided for under RCW 90.82.040(2)(a), these entities shall designate
the entity that will serve as the lead agency for the planning effort and indicate how the planning unit
will be staffed.
(b) For purposes of this chapter, WRIA 40 shall be divided such that the portion of the WRIA located
entirely within the Stemilt and Squilchuck subbasins shall be considered WRIA 40a and the remaining
portion shall be considered WRIA 40b. Planning may be conducted separately for WRIA 40a and 40b.
WRIA 40a shall be eligible for one-fourth of the funding available for a single WRIA, and WRIA 40b
shall be eligible for three -fourths of the funding available for a single WRIA.
(c) For purposes of this chapter, WRIA 29 shall be divided such that the portion of the WRIA located
entirely within the White Salmon
subbasin and the subbasins east thereof shall be considered WRIA 29b and the remaining portion shall
be considered WRIA 29a, Planning may be conducted separately for WRIA 29a and 29b. WRIA 29a
shall be eligible for one-half of the funding available for a single WRIA and WRIA 29b shall be eligible
for one-half of the funding available for a single WRIA.
(d) For purposes of this chapter, WRIA 14 shall be divided such that the portion of the WRIA where
surface waters drain into Hood Canal shall be considered WRIA 14b, and the remaining portion shall be
considered WRIA 14a. Planning for WRIA 14b under this chapter shall be conducted by the WRIA 16
planning unit. WRIA 14b shall be eligible for one-half of the funding available for a single WRIA, and
WRIA 14a shall be eligible for one-half of the funding available for a single WRIA.
(3) Watershed planning under this chapter may be initiated for a multi-WRIA area only with the
concurrence of: (a) All counties within the multi-WRIA area; (b) the largest city or town in each WRIA
unless the WRIA does not contain a city or town; and (c) the water supply utility obtaining the largest
quantity of water in each WRIA.
(4) If entities in subsection (2) or (3) of this section decide jointly and unanimously to proceed, they
shall invite all tribes with reservation lands within the management area.
(5) The entities in subsection (2) or (3) of this section, including the tribes if they affirmatively accept
the invitation, constitute the initiating governments for the purposes of this section.
(6) The organizing grant shall be used to organize the planning unit and to determine the scope of
the planning to be conducted. In determining the scope of the planning activities, consideration shall be
given to all existing plans and related planning activities. The scope of planning must include water
http://apps.leg.wa.gov/rcw/default.aspx?cite=90.82.060 12/3�3
RCW 90.82.060: Initiation of watershed planning Scope of planning — Technical assi... Page 2 of 3
quantity elements as provided in RCW 90.82.070, and may include water quality elements as contained
in RCW 90.82.090, habitat elements as contained in RCW 90.82.100, and instream flow elements as
contained in RCW 90.82.080. The initiating governments shall work with state government, other local
governments within the management area, and affected tribal governments, in developing a planning
process. The initiating governments may hold public meetings as deemed necessary to develop a
proposed scope of work and a proposed composition of the planning unit. In developing a proposed
composition of the planning unit, the initiating governments shall provide for representation of a wide
range of water resource interests.
(7) Each state agency with regulatory or other interests in the WRIA or multi-WRIA area to be
planned shall assist the local citizens in the planning effort to the greatest extent practicable,
recognizing any fiscal limitations. In providing such technical assistance and to facilitate representation
on the planning unit, state agencies may organize and agree upon their representation on the planning
unit. Such technical assistance must only be at the request of and to the extent desired by the planning
unit conducting such planning. The number of state agency representatives on the planning unit shall
be determined by the initiating governments in consultation with the governor's office.
(8) As used in this section, "lead agency" means the entity that coordinates staff support of its own
or of other local governments and receives grants for developing a watershed plan.
(9) A planning unit is dissolved when the department approves a water management board, as
authorized in RCW 90.92.030, and all assets, funds, files, planning documents, pending plans and
grant applications, and other current activities of the planning unit are transferred to the approved water
management board. The approved water management board must assume the duties, responsibilities,
and activities of the planning unit and the initiating governments, as required in this chapter.
[2009 c 183 § 18; 2008 c 210 § 1; 2007 c 245 § 1; 2003 c 328 § 1; 2001 c 229 § 1; 1998 c 247 § 2.]
Notes:
Expiration date -- 2009 c 183: See note following RCW 90.92.010.
RCW 90.82.060
Initiation of watershed planning — Scope of planning — Technical
assistance from state agencies. (Effective June 30, 2019.)
(1) Planning conducted under this chapter must provide for a process to allow the local citizens within a
WRIA or multi-WRIA area to join together in an effort to: (a) Assess the status of the water resources of
their WRIA or multi-WRIA area; and (b) determine how best to manage the water resources of the
WRIA or multi-WRIA area to balance the competing resource demands for that area within the
parameters under RCW 90.82.120.
(2)(a) Watershed planning under this chapter may be initiated for a WRIA only with the concurrence
of: (i) All counties within the WRIA; (ii) the largest city or town within the WRIA unless the WRIA does
not contain a city or town; and (iii) the water supply utility obtaining the largest quantity of water from
the WRIA or, for a WRIA with lands within the Columbia Basin project, the water supply utility obtaining
from the Columbia Basin project the largest quantity of water for the WRIA. To apply for a grant for
organizing the planning unit as provided for under RCW 90.82.040(2)(a), these entities shall designate
the_ entity that will serve as the lead agency for the planning effort and indicate how the planning unit
will be staffed.
(b) For purposes of this chapter, WRIA 40 shall be divided such that the portion of the WRIA located
entirely within the Stemilt and Squilchuck subbasins shall be considered WRIA 40a and the remaining
http://apps.leg.wa.gov/rcw/default.aspx?cite=90.82.060 12/30 j, 3
RCW 90.82.060: Initiation of watershed planning Scope of planning — Technical assi... Page 3 of 3
portion shall be considered WRIA 40b. Planning may be conducted separately for WRIA 40a and 40b.
WRIA 40a shall be eligible for one-fourth of the funding available for a single WRIA, and WRIA 40b
shall be eligible for three -fourths of the funding available for a single WRIA.
(c) For purposes of this chapter, WRIA 29 shall be divided such that the portion of the WRIA located
entirely within the White Salmon subbasin and the subbasins east thereof shall be considered WRIA
29b and the remaining portion shall be considered WRIA 29a. Planning may be conducted separately
for WRIA 29a and 29b. WRIA 29a shall be eligible for one-half of the funding available for a single
WRIA and WRIA 29b shall be eligible for one-half of the funding available for a single WRIA.
(d) For purposes of this chapter, WRIA 14 shall be divided such that the portion of the WRIA where
surface waters drain into Hood Canal shall be considered WRIA 14b, and the remaining portion shall be
considered WRIA 14a. Planning for WRIA 14b under this chapter shall be conducted by the WRIA 16
planning unit. WRIA 14b shall be eligible for one-half of the funding available for a single WRIA, and
WRIA 14a shall be eligible for one-half of the funding available for a single WRIA.
(3) Watershed planning under this chapter may be initiated for a multi-WRIA area only with the
concurrence of: (a) All counties within the multi-WRIA area; (b) the largest city or town in each WRIA
unless the WRIA does not contain a city or town; and (c) the water supply utility obtaining the largest
quantity of water in each WRIA.
(4) If entities in subsection (2) or (3) of this section decide jointly and unanimously to proceed, they
shall invite all tribes with reservation lands within the management area.
(5) The entities in subsection (2) or (3) of this section, including the tribes if they affirmatively accept
the invitation, constitute the initiating governments for the purposes of this section.
(6) The organizing grant shall be used to organize the planning unit and to determine the scope of
the planning to be conducted. In determining the scope of the planning activities, consideration shall be
given to all existing plans and related planning activities. The scope of planning must include water
quantity elements as provided in RCW 90.82.070, and may include water quality elements as contained
in RCW 90.82.090, habitat elements as contained in RCW 90.82.100, and instream flow elements as
contained in RCW 90.82.080. The initiating governments shall work with state government, other local
governments within the management area, and affected tribal governments, in developing a planning
process. The initiating governments may hold public meetings as deemed necessary to develop a
proposed scope of work and a proposed composition of the planning unit. In developing a proposed
composition of the planning unit, the initiating governments shall provide for representation of a wide
range of water resource interests.
(7) Each state agency with regulatory or other interests in the WRIA or multi-WRIA area to be
planned shall assist the local citizens in the planning effort to the greatest extent practicable,
recognizing any fiscal limitations. In providing such technical assistance and to facilitate representation
on the planning unit, state agencies may organize and agree upon their representation on the planning
unit. Such technical assistance must only be at the request of and to the extent desired by the planning
unit conducting such planning. The number of state agency representatives on the planning unit shall
be determined by the initiating governments in consultation with the governor's office.
(8) As used in this section, "lead agency" means the entity that coordinates staff support of its own
or of other local governments and receives grants for developing a watershed plan.
[2008 c 210 § 1; 2007 c 245 § 1; 2003 c 328 § 1; 2001 c 229 § 1; 1998 c 247 § 2.]
http://apps.leg.wa.gov/rcw/default.aspx?cite=90.82.060 12/3g e
Jennifer Schneider
From:
Roger Brown <roger@bbwsd.com>
Sent:
Tuesday, December 03, 2013 3:19 PM
To:
Council; Jack Louws; Chris Brueske; (cvwd_position2@ewsdl9.com);
(glacierwater@wild blue. net); Uime55@wildblue.net); (windybeach5@aol.com); Beth
Morgan (manager@ewsdl9.com); Bourks, Dan; Brenda Gamache
(admin@wcwdl3.com); byron-gaines@comcast.net; Don Montfort; Ellen Baker
(orion@telcomplus.net); Ian Millar (ian.millar@lwwsd.org); Leslie McRoberts
(leslie.mcroberts@lwwsd.org); Lorrie Whitfield (wcwd2@gwestoffice.net); Phil Cloward
(shar.ent@comcast.net); Richard Banel (rfbanel@yahoo.com); Richard Whitson
(rawdew5 5 @comcast. net); Robert Vandenhaak (rlv103004@frontier.com); Sorensen
Patrick (patrick.sorensen@lwwsd.org); Tom Watkins (VIRTUALDOC2@yahoo.com);
Victoria Anderson (cvwd_position3@ewsdl9.com)
Cc:
Daniel Gibson
Subject:
WATER DISTRICTS - FCZD REPRESENTATION 12.03.13
Attachments:
WATER DISTRICTS - FCZD REPRESENTATION 12.03.13.docx
Importance: High
We Understand the proposal for Flood Control Zone District representation on the WRIA 1 Planning Unit has been held
over for further discussion on December 10. Attached for your information are additional Water Districts Caucus
comments on this matter.
Roger Brown
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FLOOD CONTROL ZONE DISTRICT MEMBERSHIP ON PLANNING UNIT
WATER DISTRICTS CAUCUS: 12/3/13
Background. Pursuant to County policy as stated in Resolution 2013-025, WRIA 1 Planning Unit meetings re-
commenced on September 25, 2013. Because the Planning Unit had not met in more than four years, some of the
participants brought up process questions that warrant re-examination. As part of that review, the Water Districts
Caucus questioned several aspects of the current composition of the Planning Unit (see attachment). Our critique
argues, among other points, that the Flood Control Zone District ("District") should be considered for representation
on the Planning Unit. The case for District representation is straightforward.
The District is a local government with these attributes:
• County -wide responsibility and authority
• Concern with water management
• Specific statutory authority to fund watershed planning.RCW 39.34.190.
• Major source of local funding for WRIA 1
• Special purpose district distinct from county general purpose government. RCW 86.15.
At the November 19, 2013 meetings of the Planning Committee and full Council, the issue of District participation
in the Planning Unit was discussed preliminarily, and held over until December 10, 2013. The purpose of the
current analysis is to address points raised in the Council's deliberations and/or bring up other relevant information.
The Appearance of Fairness Doctrine Is Inapplicable. There was some concern expressed that the Council should
not participate in developing the Watershed Management Plan at the Planning Unit and then decide whether or not
to approve it. Under the Appearance of Fairness Doctrine (RCW 42.36), for example, the Council would be
prohibited from prejudging certain contested matters on which they must decide. This restriction, however, only
applies to quasi-judicial actions - typically, land use decisions rendered pursuant to a fact-finding hearing. It does
not apply to a policy -setting document with broad application throughout the community, such as the Watershed
Management Plan or amendments to it.
Per RCW 90.82.130, only the County legislative authority (i.e., Executive plus Council) has the power to approve or
disapprove a watershed plan approved by the Planning Unit.' At the same time, there is no prohibition on County
membership on the Planning Unit or its inclusion in the required consensus approval of the plan at the Planning
Unit.2
Certain important actions of the Planning Unit require no Council approval. The Planning Unit's basic function is
to provide locally developed guidance to state agencies on water resource issues. RCW 90.82.005. As such, it has a
degree of autonomy and does not function in the manner typical of a body constituted to advise the County. Hence,
although the Council can approve or disapprove the Planning Unit's proposed Watershed Management Plan, it
cannot amend it. In addition, it is important to recognize that the Planning Unit can take certain important actions
which - unlike watershed plans - require no separate approval by the Councill.
Instream Flow Rules The scope of work for the WRIA 1 Planning Unit requires taking up instream flows. This
is the most important function of the Planning Unit because it entails consideration of water quantity, water
quality, habitat and ESA requirements. As provided in RCW 90.82.080, DOE must undertake rule -making to
1 Similar approvals by other local governments and Tribes are not required.
2 If any problems were to arise — which we do not expect, but if they did — the participating Council member could
abstain from voting.
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address instream flows in response to "a recorded unanimous vote" of "members of the local governments and
tribes on the planning unit."3
• General Adjudication. The Water Code gives the Planning Unit special weight in deciding to carry out a
general adjudication: "...planning units may petition the department to conduct... a general adjudication and the
department shall give high priority to such a request in initiating any such general adjudications..."RCW
90.03.105.
There are no statutory provisions for County Council approval of the Planning Unit's actions on instream flow rules
or general adjudications. This supports the argument for greater representation of the County Council at the
Planning Unit.
Options for Council involvement. The Council has several ways to participate in the Planning Unit:
• Status Quo. At this time, the County is seen as a local government member of the Planning Unit. As such,
County participation is deemed to include both the Council and Executive. Because they do not sit at the table,
Council members are assumed to participate through involvement of County Executive staff.
• If the Council wishes to do so, it could direct the County Executive to increase Council involvement. This
could be effected through policy resolutions and/or through the work program adopted in conjunction with the
interlocal agreement between the District and the County. This approach may prove impractical, however,
because of the imbalance of resources between the Council and Executive. The Council is part-time and has no
personal or central analytical staff. This lack of resources may make policies and work programs hard to
monitor and enforce in practice.
• As a local government distinct from the County, the Flood Control Zone District could seek representation on
the Planning Unit. Because Council members serve ex offcio as members of the District's Board of
Supervisors, this change could effectively bestow local government membership on the Planning Unit to the
Council.
Comment on DOE participation. The Water Districts Caucus has questioned DOE's participation as a voting
member of the Planning Unit. In response to these questions, an analogy has been proposed in which DOE voting
on the same basis as local governments is compared to the Flood Control Zone District exercising its right as a local
government to do the same thing. As noted above, the Planning Unit's main function is to provide guidance to state
agencies on local water resource issues, for which DOE serves as chief regulator. Our critique of DOE's voting
adheres to the language in the Watershed Planning Act, which we believe does not support DOE voting in the same
fashion as local governments on such matters. DOE continuing as a voting member promises to be especially
problematic in connection with modifying instream flow rules, a process requiring DOE to undertake rule -making.
RCW 90.82.080(l)(b). DOE's participation in formulating proposed minimum stream flow rules as a full voting
member of the Planning Unit prior to rule -making could invalidate the rules under the Administrative Procedures
Act. RCW 34.05. Increasing Council involvement in the Planning Unit creates no similar problems and would be
fully consistent with the Watershed Planning Act.
RECOMMENDATION
The Flood Control Zone District Board of Supervisors should select one its members to represent the Board at the
Planning Unit. This responsibility should rotate periodically in the same fashion as other duties of County Council
members. Expectations for consultation and communication between the representative and the rest of the Board
should be stated in a resolution.
3 Because the Tribes are not members of the WRIA 1 Planning Unit, the unanimous recorded vote would only seem
to comprise members of local government on the Planning Unit.
2
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WATER DISTRICTS CAUCUS COMMENTS
PLANNING UNIT REPRESENTATION
NOVEMBER 7, 2013
General Comments
The Water Districts Caucus reviewed Bellingham's proposal (attached) on Planning Unit representation
at our meeting on October 14, 2013. It would have been our preference to move the process forward
without reviewing credentials, at least at this point, but are cooperating with the preference of the
group to perform this assessment. With that disclaimer, we find Bellingham's suggestions to be
reasonable, on the whole, but do have a few comments and would like to place several questions on the
table.
Bellingham treats every member of the Planning Unit as a caucus, posits three types of such caucuses
and proposes categorizing participants into those three categories. However, Bellingham, the PUD, the
County and the Port are not caucuses —that is, groups of entities united by particular interests. They are
specific local government entities that have been deemed sufficiently distinct to warrant direct
representation on the Planning Unit. We agree with the process proposed for validating the
representation of these entities.
The WRIA 1 Planning Unit caucuses consist of other local governments, certain local interests, and state
and federal governments. As proposed, Category 2 would consists of caucuses of smaller local
government units, state and federal governments and the Non -Municipal Water Systems.
Those local governments with caucus seats (Small Cities, Water Districts and Diking and Drainage
Districts) have been created pursuant to enabling statutes and are headed by elected officials. Every
one of the local government caucuses represents a relatively small number of organizations, with the
entities in each caucus having identical statutory powers. The 10 water districts in our caucus, for
example, are organized under RCW 57 and headed by elected commissioners. These smaller local
government entities were organized into caucuses for administrative convenience, in order to allow for
a manageable Planning Unit meeting process. The inherent legitimacy of such entities, which represent
voters and property owners pursuant to state law, is precisely equal to that of those local government
entities having direct representation at the Planning Unit. We agree with the process proposed for
validating the representation of local government caucuses as described under Category 2.
Non -Municipal Water Systems. The Non -Municipal Water Systems (i.e., water associations) are private
business interests - not local governments. We understand Non -Municipal Water Systems Caucus
represents a very large number — perhaps hundreds - of water associations. As such, we believe the
Non -Municipal Water Systems Caucus should be subject to the process proposed for validating the
representation of other interests under Category 3.
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Representation
Agriculture. Since the Planning Unit was first formed in 1999, two irrigation districts have been formed.
We believe the irrigation districts are governmental entities under RCW 87 entitled to be seated at the
Planning Unit as a new local government caucus. Because these districts are defined territorially, we
e that the existine Aericultural Interest caucus should remain and be filled by parties not included
within the irrigation districts.
Flood Control Zone District. The Flood Control Zone District ("FCZD" or "District") is a special purpose
government organized under RCW 86.15 and recognized under Whatcom County Code at Title 100. We
propose that the Flood Control Zone District be seated as a local government organization.
The powers of the District are exercised by its Board of Supervisors, consisting of the County Council and
County Executive. Actions of the Board of Supervisors are not subject to veto by the County Executive.
WCC 100.01.010.
Historically, the District has served as significant source of local funding for watershed planning and
implementation, but has not been represented as a local government distinct from the County on the
Planning Unit.
On July 5, 2011, an interlocal agreement was executed between the District and the County in which the
roles of the two governments were enumerated.' This agreement does not specifically speak to
representation on the Planning Unit. Absent any specific delegation to the County, the Board of
Supervisors would seem to retain the prerogative of designating one of its own members to represent
the District on the Planning Unit.
State. For several reasons, we question DOE's participation as a full-fledged voting member of the
Planning Unit. The Watershed Planning Act envisions a planning process driven primarily by local
citizens and their governments, with participation from the tribes and a wide range of local water
resource interests. z The role of the state in this process was to be mainly advisory and not directive:
"If a planning unit requests technical assistance from a state agency as part of its planning
activities under this chapter and the assistance is with regard to a subject matter over which the
agency has jurisdiction, the state agency shall provide the technical assistance to the planning
unit." RCW 90.82.030(2),
"Each state agency with regulatory or other interests in the WRIA or multi-WRIA area to be
planned shall assist the local citizens in the planning effort to the greatest extent practicable,
recognizing any fiscal limitations. In providing such technical assistance and to facilitate
representation on the planning unit, state agencies may organize and agree upon their
representation on the planning unit. Such technical assistance must only be at the request of
and to the extent desired by the planning unit conducting such planning. The number of state
' See attached Council Agenda Bill No. 2011-151.
z'rhe statute provides that the tribes will be invited to participate. RCW 90.82.060(4).
2
530
agency representatives on the planning unit shall be determined by the initiating governments
in consultation with the governor's office." RCW 90.82.060(7).
The latter citation contemplates that non -state members of the Planning Unit will decide on state
participation. We believe that DOE has a valuable role to play in coordinating presentation of technical
information from state agencies to the Planning Unit, but that continuing to vote on the same basis as
local governments will prove problematic.
The Watershed Planning Act states:
"The planning unit shall not add an element to its watershed plan that creates an obligation
unless each of the governments to be obligated has at least one representative on the planning
unit and the respective members appointed to represent those governments agree to adding
the element that creates the obligation. A member's agreeing to add an element shall be
evidenced by a recorded vote of all members of the planning unit in which the members record
support for adding the element." RCW 90.82.130(3).
This provision applies to the narrow question of obligations created in the proposed plan. It does not
require DOE to vote on all aspects of the local plan. Placing DOE in the position to frame
recommendations for its own consideration is illogical and inconsistent with the intent and design of
RCW 90.82.
This inconsistency is especially troublesome in connection with modifying instream flow rules, an
activity included in the scope of work for WRIA 1. The Watershed Planning Act provides that instream
flow rules shall not be modified "...unless the members of the local governments and tribes on the
planning unit by a recorded unanimous vote request the department to modify those flows..." RCW
90.82.080(1)(a)(i).3 At that point, it would seem to be the intent that DOE would undertake rule -
making. RCW 9O.82.O8O(1)(b). DOE's participation in formulating proposed minimum stream flow rules
as a full voting member of the Planning Unit prior to rule -making, however, could invalidate the rules
under the Administrative Procedures Act (RCW 34.05).
We believe the best procedure would be for the non -state members of the Planning Unit to define the
state's technical assistance role and for the state's votine to be confined to those instances where
obligations would be imposed on it.
Federal. We could find no grounds for including the federal government as a voting member of the
WRIA 1 Planning Unit. We recommend the federal government be invited to participate ex officio.
3 We note that DOE is precluded from voting on this question.
531
From: Clare Fogelsong, City of Bellingham Planning Unit Representative
2 Subject: Planning Unit Caucus Representation
3 There are three basic caucus types; 1) those that represent a single entity (City of
4 Bellingham, Whatcom County, PUD 1, and Port Authority), 2) those that represent a
5 relatively small and identifiable group of entities and have a structure for meeting
6 and selecting a representative (Federal and State governments, Small Cities, Water
7 Districts, Diking/Drainage Districts, and Non -Municipal Water Systems), and 3)
8 caucuses with dispersed constituencies and a range of organizational ability to
9 represent their constituents (Agriculture, Environment, Fishers, Forestry, Land
10 Development and Private Well Owners).
11 The differences in organizational structures should be reflected in the requirements
12 for caucus representation. To that end the following suggestions are presented for
13 consideration.
14 Representatives of the Type 1 caucuses, City of Bellingham, Whatcom County, PUD
15 1, and Port Authority, will present to the Whatcom County Council some indication of
16 appointment from the mayor, executive, or respective commission.
17 Representatives of the Type 2 caucuses, Federal and State governments, Small Cities,
18 Water Districts, Diking/Drainage Districts, and Non -Municipal Water Systems, will
19 present to the Whatcom County Council some indication of appointment resulting
20 from a vote or assignment registered by the group of participating members of the
21 caucus, e.g. a vote taken and recorded in the minutes of a meeting.
22 The Type 3 caucuses, Agriculture, Environment, Fishers, Forestry, Land
23 Development and Private Well Owners, are similar in that their constituents are
24 dispersed throughout the community. However they vary widely in the degree of
25 organizational structure available for selecting a Planning Unit representative. It
26 appears that Agriculture and Land Development have the most established
27 organizational structures, representing a significant portion of their constituent
28 groups. Fishers, Forestry and Environment may also be able to rely on existing
29 organizations to serve the purpose of selecting representation. The Private Well
30 Owner caucus seems to be the most challenged in this regard. For all these
31 caucuses a meeting should be held inviting members of the public, who are
32 associated with the issues represented by the caucus, to participate in the selection
33 of a representative. The selection action could be added to the agenda of a regular
34 meeting of an existing organization that is recognized in the community for its
35 representation of a single caucuses' issues, or the meeting could be held for the
36 single purpose of organizing a caucus to select the representative and establish a
37 means to keep caucus members informed of Planning Unit issues. Representatives of
38 these caucuses will present to the Whatcom County Council a copy of the meeting
39 notice, list of attendees and some record of the action taken to select a
40 representative.
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