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Packet Jan 29 2013
WHATCOM COUNTY COUNCIL AGENDA BILL NO. a R 2012_066F CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1/17/LOl3 112912013 Natural Resources Committee Division Head: Dept. Head: /* 13 Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT. Discussion of forest management planning for the Lake Whatcom trust lands proposed for reconveyance. ATTACHMENTS: SEPA review required? ( x ) Yes ( ) NO SEPA review completed? (x ) 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.) Second of three proposed meetings to discuss various aspects of the reconveyance proposal. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatconi.wauslcouncil. WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. AB2013-048 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: twh 12131112 n JAN 212013 WHATCOM COUNTY COUNCIL 1 /.2"9 / 2'013 Finance Division Head. - Dept. Head: Prosecutor: / Purchasin /Bud et: 3 Executive: nlu Z L TITLE OFDOCU ount Baker Foothills Chamber of Commerce —Lodging Tax Fund project report(s) ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Provide status report of Lodging Tax Funded projects. 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. BAKER BIRCH BAY TOURISM PROMOTION 2012 End of Year Report The Baker Birch Bay Partnership's main focus is to support the communities of the Mt Baker Foothills and Birch Bay. At the same time the Baker Birch Bay Community Network extends opportunities to the surrounding communities in Whatcom County and Pacific Northwest Washington to become a member or partner and work together to show off all that the area has to offer increasing guest stays in area accommodations. 3 Funds Allocated for 2012: $153,000.00 Marketing & Promotions: $124,000.00 The project began by placing ads on busses and making print ads for local recreation based publications. The team reached out to local photographers to provide stunning photography for the campaign. During the summer the team worked with local businesses to put together a coupon book with coupon values good during the fall. The team also worked with Hand Crank Films to create a 30 second commercial that featured the beauty and variety offered in the Mt Baker and Birch Bay regions. Comcast Spotlight helped us get our ad seen both online and on TV. Birch Bay Chamber reached out to the team and asked for support for 2 of their annual events, and the Baker Birch Bay Tourism Promotion sponsored Discovery Days in the summer and the Polar Bear Plunge held on New Year's Day. BUS ADS British Columbia — 3/12/2012 — 4/7/2012 • 6 busses in Abbotsford/Mission for 4 weeks • 27 busses in Vancouver for 4 weeks o $20,053.75 Seattle - 3/12/2012 — 4/8/2012 • 26 busses in downtown for 4 weeks o $15,016.00 Total for bus ads: $35,069.75 PUBLICATIONS Adventures NW Magazine: • Publication printed quarterly • Ran 4 quarter page ads • Magazine is distributed free from Vancouver BC to Portland OR to Spokane WA • 60,000+ readers • 30,000 monthly visitors to adventuresnw.com • Average reader characteristics: 0 1:1.4 Male to Female o Men 35-44/Women 25-34 0 82.5% hold a 4 year degree or higher o Household income of $80,000 ■ $1820.00 Mount Baker Experience: • Publication printed quarterly • Ran 4 quarter page ads • Magazine is distributed free from Portland to Vancouver BC at over 350 locations and all major outdoor shows • 40,000+ readers o $1,400.00 Waterside Magazine. • Publication printed annually • Ran 1 quarter page ad • 30,000 copies distributed during the summer from Seattle to Vancouver • 80,000 readers o $550.00 pag„ .... o, G M Foothills Area Map: • Publication printed annually • Ran 1 full panel ad on the back of the folded map • 15,000 copies are distributed throughout the year to visitors centers, chambers of commerce, advertisers' businesses, and high traffic locations in Whatcom and Skagit counties o $,1000.00 Washington Newspaper Publishers Association: • This program allows us to run advertising in weekly papers throughout Washington State • Ran 2 quarter page ads, statewide for 2 week periods • Ran 1 quarter page ad in Seattle zone for 1 week • Statewide distribution circulation of 1.5 million • 2.8 million readers • Ads inserted into 102 newspapers o $11,580.00 Foothills Gazette (Lynden Tribune) • EMAIL BRENT FOR STATS AND INFO o $315.00 Total for print advertising: $16,665.00 OTHER PROJECTS Baker Birch Bay Coupon Book • Free full page ads were provided to businesses offering a coupon offer in the book. • 1500 books were printed and distributed. o $2,190.31 Hand Crank Films • 130 second ad and assorted film for library o $16,068.00 Event Sponsorships • Birch Bay Discovery Days • Birch Bay Polar Bear Plunge o $1,250.00 Photography • Peter James —10 photos added to library • Ruth Lauman — 2 photos added to library o $800.00 5 Comcast Spotlight Terms: Impression — Counted each time a viewer loads the webpage where an ad is embedded. View — Counted each time a viewer takes an action that plays or replays an ad. Click —counted each time a viewer responds to an ad by clicking the ad itself or an interactive element the ad contains. Interaction — counted each time a viewer takes a purposeful action related to viewing or sharing an ad. Some examples: - Pauses an ad - Restarts a paused ad - Changes the volume in a viewing session - Clicks the full screen control Engagement Rate — Measures actions viewers take after they choose to view an ad. Calculated by dividing the views + interactions + clicks by impressions. Clickthru rate — Calculated by dividing the total number of clicks (on the ad itself, overlays, INFO menu options and more) an ad receives by impressions Multi -Screen 9 Zone Campaign Results for July — October 2012 • Xfinity TV September — October, 2012 0 1,995 spots ran o 749,002 impressions served o Cost per impression: $.02 o Zones: ■ Snohomish, Echo Lake, Federal Way, Auburn, Kent, Tacoma, Camano Island, Seattle, Bellevue, Issaquah, Woodinville, Redmond • Xfinity.com July —October, 2012 o Purchased 800,00 impressions o Served 1,097,127 impressions o Satisfaction rating: 137.14% 0 Click thrus: 1,980 0 Click thru rate: .18% ■ Xfinity.com in banner video September — October, 2012 • 357,392 impressions • 17,236 views • 463 clicks • 269 interactions • 2,582 minutes viewed, more than 43 hours ■ Xfinity.com Flash Banner 7/09/2012 — 9/06/2012 • Delivered 523,250 banner impressions • 636 people clicked to visit BakerBirchBay.com • Click thru rate is .12%, 76% higher than the national average for the travel/tourism industry ■ Xfinity.com Sign -In Takeover, 9/20/201 • One day only • Delivered 216,485 banner impressions • 881 people clicked to visit BakerBirchBay.com • Click thru rate is .41 o $46,563.12 • Extra included courtesy of Comcast Spotlight: Program sponsorship on Travel Channel and the Community Calendar, a $13,025 value. P;1g {� X Professional Services: $13,500.00 Initially the team worked with Sybor Web Solutions and Big Fresh Media to launch a website to showcase the Mt Baker and Birch Bay regions. After several months the team made the decision to switch to services provided by losac Services. Muse Design Studios came aboard to help manage the overall project and to direct the web team. Maple Falls local designer, Hilary Vanderlind of Baker Made, took the brainstorm and mock ups of the logo and made the Baker Birch Bay logo we are now using. Sybor Web Solutions • Initial hosting of bakerbirchbay.com o $55.00 Big Fresh Media • Initial setup of bakerbirchbay.com o $1,794.90 Hilary Vanderlind, Baker Made • Logo development o $480.00 losac Services • Final setup and hosting of bakerbirchbay.com o $4,059.02 Muse Design Studios • Project Management and development of bakerbirchbay.com o $5,850.00 Website details Website Google Analytics Report Overview: October 28 — Nov 27 • Audience o Visits:395 o Unique Visitors: 295 o Pageviews:1,013 • Content & Landing Pages o 38% of Pageviews are of Home Page • Traffic Sources o 44%Campaigns (from Xfinity Campaign) 0 12.15% Search Traffic o 20.51% Referral Traffic 0 23.04% Direct Traffic Website Development Baker Birch Bay Network Back End Development Highlights - Completed o Responsive Design for all viewports o Built-in SEO, faster database access o Network resides on BBB domain for branding and SEO, 24 hour network file and data backup. o HTML5 and CSS3 compliant, remote posting adaptable. Sample Netsite for Baker Birch Community Network also under current development. Pago 5 of 6 7 Other Program Expenses Rebecca Boonstra, Visitors Center Coordinator for the Foothills Chamber, chiefly managed the project for the year with much assistance from a group of volunteer team leaders from both the Mt Baker and Birch Bay communities. Some of her travel for meetings was subsidized through this program. Most of the office supplies used in the program was provided by the Foothills Chamber, with the Baker Birch Bay Tourism promotions providing mailing supplies for the Coupon Book. Personnel • $11,532.02 Travel • $176.81 Office Supplies • $648.57 ; WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-041 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DMP 12121112 C E V E D JAN 0 g 2013 WHATCOM COUNTY COUNCIL 1/15/13 Introduction Division Head: 1/29/13 Finance/Council Dept. Head: Prosecutor: Rom! 12/ Z4 Purchasing/Budget: Executive: TITLE OF DO U INT. Closing Sheriffs Office Legacy Bank Account ATTACHMENTS: SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMIVIARYSTATEMENT 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 Whatcom County Sheriffs Office has a legacy petty cash/revolving fund bank account of unknown origin with a balance of two thousand four hundred fifty five dollars and fifty three cents. There has been no activity in this bank account since November 3, 2004. The Sheriffs Office wants to close this bank account and deposit the balance to the General Fund COMMITTEEACTION.• COUNCIL ACTION. 1/15/2013: 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.uslcounciL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PROPOSED BY:Undersheriff Jeff Parks SPONSORED BY: CONSENT INTRODUCTION DATE: 1/15/13 ORDINANCE NO. Closing Sheriff's Office Legacy Bank Account WHEREAS, the Whatcom County Sheriff's Office has a legacy petty cash/revolving fund bank account of unknown origin with a balance of two thousand four hundred fifty five dollars and fifty three cents ($2,455.53); and WHEREAS, the Whatcom County Sheriff's Office has not used this bank account since October 29, 2004 and there has been no activity in this bank account since November 3, 2004; and WHEREAS, the petty cash fund was set at zero dollars ($0.00); and WHEREAS, THE Whatcom County Sheriff's Office no longer desires to maintain this petty cash fund; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom County Sheriff's Office bank account referenced here shall be closed and two thousand four hundred fifty dollars and fifty three cents ($2,455.53) be deposited to the General Fund. ADOPTED this day of , 20 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council WHATCOM COUNTY EXECUTIVE APPROVED AS TO FORM: Civil Deputy Prosecutor Page 2 Kathy Kershner, Council Chair WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 10 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 TO: Jack Louws, Coi FROM: Bill Elfo, Sheriff DATE: December 21, 2 MEMORANDUM in Exe u 've 01 SIIBJECT: Proposed Ordinance Closing Sheriff's Office Legacy Bank Account JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEFINSPECTOR WENDY JOIVES CHIEF OF CORRECTIONS REC�iVED DEC 2 7 2012 JACK LOUWS COUNTY EXECUTIVE Enclosed for your review and signature is one original proposed ordinance for Closing Sheriff's Office Legacy Bank Account. Background and Purpose The Sheriffs Office has a legacy petty cash/revolving fund bank account of unknown origin with a balance of two thousand four hundred fifty five dollars and fifty three cents. There has been no activity in this bank account since November 3, 2004. The Sheriffs Office wants to close this bank account and deposit the balance to the General Fund. Please contact Undersheriff Parks at 50418 if you have any questions or concerns regarding the terms of this agreement. Thank you. enclosure Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Milk Safety. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-042 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: t wh 12131112 1115113 Introduction Originator: D 1/29/13 Finance Division Head: JAN 0 8 2013 Council Dept. Head: Prosecutor: 1"ki-L3 WHATCOM COUNTY COUNCIL Purchasin /Bud et: A Executive: TITLE OFDOCU rdinance to establish anew jail project 2013-2014 ATTACHMENTS: Ordinance Budget Supplemental SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance establishes a project fund for the new jail project 2013-2014 COMMITTEE ACTION.• COUNCIL ACTION: 1/15/2013: 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.uslcounciL 12 SPONSORED BY: PROPOSED BY: Jack Louws INTRODUCTION DATE: 1/15/13 ORDINANCE NO. ESTABLISHING A PROJECT FUND FOR THE NEW JAIL PROJECT 2013 - 2014 WHEREAS, Whatcom County recognizes the need for a new jail facility and is preparing for the construction of a new facility with the expertise of a nationally recognized Justice Design Firm; and WHEREAS, the project will be completed in phases including Needs Assessment and Feasibility Study, Pre -design, Supplement Environmental Impact Statement, Sites Selection, Design and Construction, and; WHEREAS, budget authority will be requested from the County Council as the project progresses, and WHEREAS, this project will be funded through sources including, but not limited to the General Fund, Whatcom County Jail Fund, REET I and proceeds from the issuance of bonds. NOW, THEREFORE, BE IT ORDAINED bythe Whatcom County Council that a new fund is hereby established effective January 2013 titled "New Jail Project Fund 2013 - 2014". This project fund was anticipated and discussed as part of the 2013-2014 budget and shall be used to account for the costs and revenues for the planning, design and construction of said project; and BE IT FURTHER ORDAINED that the new fund is approved with an initial transfer -in from the General Fund of $1 million and an expenditure budget of $406,470 for work as described in the attached Exhibit A, Supplemental Budget #1461. This fund shall be administered by the Whatcom County Executive. ADOPTED this day of , 2013. Page 1 13 ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Chief Civil De y Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair ( ) Approved ( ) Denied Jack Louws, County Executive Page 2 14 Supplemental Budget Request Status: Pending Non -Departmental Supp7 ID # 1461 Fund Cost Center Originator. Tawni Helms Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. New Jail Project Fund 2013 - 2014 X Department Head Signature (Required on Hard Copy Submission) Date Casts: Object Object Description Amount Requested 2910.1000 Fund Balance $593,530 6630 Professional Services $406,470 8301 Operating Transfer In ($1,000,000) Request Total $0 la. Description of request. Under direction of the Executive and the Executive Jail Planning team Whatcom County is developing contracts for Jail Planning work. Contracts for the services described in the scopes of work listed below are being developed with a nationally recognized Justice Design Firm, DLR Group, an independent Supplemental Environmental Impact Statement (SEIS)contractor; Shockey Planning Group and a local property appraisal firm. Whatcom County is contracting with the successful respondant to the Jail Planner RFP. DLR Group is a local (Seattle based) Justice Design Firm active across the nation. "they have been following Whatcom County's jail planning process and will bring an "outcome based planning" approach to the work. 1. DLR Group scope of work includes.: a. Updating and refining the existing 2008 needs assessment b. Building programming c. Evaluation of single/campus, jail court, SO HQ, operations and support d. LEED requirements e. Site review and conceptual design f. Jail staffing plan g. Parking and Site amentities h. Public information and public presentations Proposed Fee: $243,470. 2. Shockey Planning Group SEIS contract scope includes: a. Permit management plan b. Public involvement plan c. Critical Areas Analysis d. Phase 1 Environmental Assessment e. SEIS Scoping f. Phase 11 Scope and Budget Analysis g. Supplemental EIS Proposed Fee: $153,000. 3. Property appraisals contract with Gustafson Group Appraisal 1b. Primary customers: Local governments, law and justice agencies and citizens of Whatcom County. Monday, January 07, 2013 Rpt: Rpt Supp! Regular 15 Supplemental Budget Request Status: Pending Non -Departmental Supp'l ID # 1461 Fund Cost Center Originator. Tawni Helms 2. Problem to be solved. Whatcom County has recognized the need for a new jail facility. We anticipate eventual consolidation of all Sheriffs Office, Main Jail, and Work Center functions onto a single site. The first phase of this project is envisioned to be a corrections facility that consolidates the two existing corrections facilities and has capacity for 500+ jail beds, and the ability for future expansion of inmate housing on same site. Future uses of this site may include a Sheriff's Office headquarters building and other related criminal justice functions. At this time, we are seeking professional Jail Planning services to assist the County's designated Jail project team with the planning of the jail facility. 3a. Options /Advantages: Other options include: Not building and/or contracting with distant jail facilities both of which have been determined not appropriate. 3b. Cost savings: Whatcom County has been analyzing its jail needs. DLR will utilize all prior efforts to assist in developing final deliverables. 4a. Outcomes: Whatcom County will work with DLR to select performance benchmarks at the outset of this project. These benchmarks can range from construction cost, to square foot per inmate, to sustainability goals. 4b. Measures: As we move through the planning and design project the progress will be compared to the outcome based benchmarks. 5a. Other Departments/Agencies: Sheriffs Office, Facilities, Finance, and Planning and Development Services. 5b. Name the person in charge of implementation and what they are responsible for. Corrections Chief, Wendy Jones Needs Assessment Facilities Manager, Michael Russell Building Design and infrastructure PDS, Tyler Schroeder SEIS 6. Funding Source: New Jail Project Fund 2013 - 2014 Monday, January 07, 2013 Rpt: Rpt Suppl Regular 16 2013-043 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: / 1115113 Intro Originator: E C E� V E 1/29/13 Finance Division Head: Committee; JAN 0 8 2013 Council Dept. Head: WHATCOM COUNTY Prosecutor: �„f � y COUNCIL Purchasing/Budget: Executive: TITLE OFDOC .'2013 Supplemental Budget Request #1 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 #1 requests funding from the General Fund. 1. To appropriate $43,939 in Sheriff to fund Northwest Regional Gang -Drug Task Force vehicle lease and Crime Analysis Unit from DTF JAG grant proceeds. Whatcom County Convention Center Fund. 2. To appropriate $6,005 to fund additional amount approved by the Lodging Tax Advisory Committee. Real Estate Excise Tax H Fund. 3. To appropriate $185,000 in Parks to fund the Hovander Park River Walk COMMITTEE ACTION: COUNCIL ACTION: 1/15/2013: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 17 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 MEMORANDUM TO: Jack Louws, County Ex FROM: Sheriff Bill Elfo l DATE: December 21, 2012 SUBJECT: Supplemental Budget ID# 1460 Auto Leasing and Crime Analysis Jan -Jun 2013 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEFINSPECTOR WENDY JOIVES CHIEF OF CORRECTIONS R E ,,* A �, V U JACK LOUWS COUNTY EXECUTIVE The attached Supplemental Budget requests budget authority to use State of Washington Department of Commerce Edward Byrne Memorial Justice Assistance Grant (JAG) funds for auto leasing and crime analysis. Background and Purpose The Sheriff's Office received a JAG Multi -Jurisdictional Gang -Drug Task Force Program grant in 2012. The Sheriffs Office requests budget authority to use $43,939 of these funds for auto leasing and crime analysis January through June 2013. Funding Amount and Source Funding of $43,939 will be provided by State of Washington Department of commerce Edward Byrne Memorial Justice Assistance Grant (JAG) Multi -Jurisdictional Gang -Drug Task Force Program Grant 4M12-34021-017, CFDA No. 16.738. 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 Public Safety. SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DATE: 1/15/2013 ORDINANCE NO. AMENDMENT NO. 1 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 43,939 (43,939) - Total General Fund 43,939 (43,939) - Whatcom County Convention Center Fund 6,005 - 6,005 Real Estate Excise Tax II 185,000 - 185,000 Total Supplemental 234,944 1 (43,93DI 191,005 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: RCivill Deputy Pros for 2013. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2013_Suppl\Supplementa1 #1-2013.doc 19 WHATCOM COUNTY Summary of the 2013 Supplemental Budget Ordinance No. 1 Department/Fund Description Increased Expenditure Decrease (Increased) Revenue Net Effect to Fund Balance (Increase) Decrease General Fund Sheriff To fund Northwest Regional Gang -Drug Task Force vehicle lease and Crime Analysis Unit from DTF JAG grant proceeds. 43,939 (43,939) - Total General Fund 43,939 (43,939) - Whatcom County Convention Center Fund To fund additional amount approved by Lodging Tax Advisory Committee 6,005 6,005 Real Estate Excise Tax II To fund Hovander River Walk 185,000 185,000 Total Supplemental 234,944 (43,939) 191,005 20 Supplemental Budget Request status: Pending Sheriff Administration Supp'i 1D # 1460 Fund 1 Cost Center 1003512007 Originator. Jeff Parks /Dawn Pierce Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority Name of Request. Auto Leasing and Crime Analysis Jan -Jun 2013 1 Depa Costs: elht Head Signature (Required on Hard Copy Submission) Object Object Description Amount Requested 4333.1673 DTF Jag Grant ($43,939) 6140 Overtime $18,934 6210 Retirement $993 6230 Social Security $1,449 6259 Worker's Comp-Interfund $589 6630 Professional Services $10,000 6860 Equipment Rental $11,974 Request Total $0 1a. Description of request. AUTO LEASING The Northwest Regional Gang -Drug Task Force (NWRGDTF) operates a fleet of undercover and surveillance vehicles in order to carry out their primary mission. Each detective assigned to the task force requires a vehicle suited to undercover work. CRIME ANALYSIS In support of the NWRGDTF, the Crime Analysis unit is compiling material in order to classify offenders and confirm gang members and gang associates. This information is provided to area law enforcement and the Prosecutor's Office in an effort to enhance officer safety and assist in the prosecution of confirmed gang members. Due to current work load, the Crime Analysis unit requires additional time and resources to complete the gang classification process. 1b. Primary customers: AUTO LEASING Detectives assigned to the Northwest Regional Gang -Drug Task Force. CRIME ANALYSIS Civilian and law enforcement personnel assigned to complete gang member classifications. 2. Problem to be solved. AUTO LEASING Assures that reliable cost-effective vehicles that are mission -capable are available to the task force detectives. In the past vehicles that have either been purchased, traded or seized during investigations have been issued to detectives. Many of these vehicles had significant mileage, mechanical problems, contamination from drugs or biohazards or defects, or needed unexpected costly repairs that were not adequately covered in existing budgets. Leased new vehicles avoid the problem of drug and biohazard contamination, avoids the problem of seized vehicles being recognized or "burned" by drug dealers thereby increasing the effectiveness of surveillance operations and officer safety. The leasing program better predicts and controls costs of operating and maintaining the vehicles as they are only kept for 24-36 months and are under warranty. The lease rates are attractive and vehicles are delivered directly to Bellingham dealers for pick-up by the Sheriffs Office. In the event that the vehicle becomes known to Friday, December 21, 2012 Rpt: Rpt Suppl Regular 21 Supplemental Budget Request Status: Pending Sheriff Administration Supp'l ID # 1460Fund 1 Cost Center 1003512007 Originator. Jeff Parks / Dawn Pierce criminals it can be changed out through the leasing system. CRIME ANALYSIS The gang classification process is a critical component in the Sheriffs Office priority goal of supressing gang activity and eradicating gangs from Whatcom County. The Sheriffs Office currently has a crime analyst and a patrol deputy certified as a gang expert assigned to conduct research and review of gang member/associate classifications. Due to current workload, existing personnel are only able to devote minimal time to completing the classification packets. Additional trainined personnel and dedicated overtime hours are needed to complete the required research and review. With overtime funding, classifications will be completed without negatively affecting patrol operations or the daily duties of the Crime Analysis unit. 3a. Options / Advantages: AUTO LEASING The options for providing vehicles to the task force are: Purchase (non -fleet), purchase (add to fleet), rental and lease. Leasing is the most cost effective due to short terms available and the dealer -direct delivery of vehicles. The monthly rate for leasing is well below the monthly billing or rental rates and the only additional costs are those for fuel and regular, minor maintenance (oil change). CRIME ANALYSIS It is not feasible to pull personnel away from their regulary assigned patrol and investigations duties. Providing overtime would expedite the classification process without negatively impacting the level of service provided to the citizens of Whatcom County. 3b. Cost savings: VEHICLE LEASING Average lease cost is $460.00 per month per vehicle compared to fleet ER&R rate of $640.00 or higher depending upon amortization and replacement cycle. Commercial rental rates are higher. Leasing eliminates repairs and maintenance which has been expensive - (brakes, tires, engine repairs, etc). CRIME ANALYSIS $31,965 ($10,000 for training and $21,965 for overtime) that would otherwise have to be paid from the Sheriffs Office budget. 4a. Outcomes: AUTO LEASING Reliable vehicles, eliminate costly repairs, vehicle under warranty, can rotate out vehicles, eliminate contamination issues, variety of vehicles available to lease, increased effectiveness of surevellance and investigations. CRIME ANALYSIS Increased number of gang member classifications will enhance officer safety and the prosection of known gang members. 4b. Measures: CRIME ANALYSIS Increased number of gang classifications and reduction in habitual offenders and gang activity in Whatcom County. 5a. Other Departments/Agencies: None 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: State of Washington Department of Commerce Edward Byrne Memorial Justice Assistance Grant (JAG) Multi -Jurisdictional Gang -Drug Task Force Program Grant #M12-34021-017, CFDA No. 16.738. Friday, December 21, 2012 Rpt: Rpt Suppl Regular 22 Supplemental Budget Request Status: Pending Parks & Recreation Stipp'/ 11 # 1459 Fund 324 Cost Center §,883 32 y35 Originator. Rod Lamb Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Ho X Dep rt ent ead costs: Object 6630 7380 River Walk nature (Required on Hard Copy Submission) Date Request Total la. Description of request. Object Description Professional Services Other Improvements Amount Requested $10,000 $175, 000 $185,000 Construct a 1.45 mile long, gravel surfaced multi -use trail from Hovander Park boat launch (north end) to the set -back levee that was constructed in the summer of 2010. The proposed trail will be located where possible on the existing levee. A well established trail is already in place from the set -back levee south to Slater Road with connections throughout the park. This request is a reappropriation and increase of funding that was requested in the 2011/2012 budget cycle. The permitting effort for this project consumed most of 2012, and Parks has completed nearly all permit requirements and will be well positioned to complete the project in 2013. The increased budget request is needed to cover costs associated with permitting requirements. These include additional levee backslope recommendations provided by Whatcom County River & Flood, and riparian buffer mitigation planting required by Whatcom County Planning & Development Services. Because the budget appropriation was not identified as a'project budget' budget authority ends in 2012. For this reason we are requesting budget authority in 2013 in order to complete this project. 1b. Primary customers: Visitors to the park, walkers and bicyclists who will use the trail for park purposes and as a transportation corridor from the City of Ferndale to Slater Road and beyond. 2. Problem to be solved: There is currently no ADA accessible route from the Hovander boat launch to the new set -back levee. Walkers and bikers currently utilize a largely unsurfaced agricultural road, and then walk or bike over turf to reach the set -back levee, where a well maintained and gravel -surfaced trail leads south to Slater Road. Constructing 1.45 miles of new trail will greatly enhance the recreational and non -motorized transportation opportunities a the park and in the surrounding community. This is an identified regional trail corridor in County and City of Ferndale planning documents. 3a. Options / Advantages: Walkers and bikers could continue to walk on unsurfaced agricultural roads and over turf, but we would lose the opportunity to separate vehicle and pedestrian traffic for safety purposes and to provide an enhanced recreational experience. 3b. Cost savings: REET 2 funds are being requested. 4a. Outcomes: The trail will provide a safe and attractive recreational trail that will offer enhanced scenic views of the park and the Nooksack River. Additionally it will become part of a larger alternative transportation route Tuesday, December 18, 2012 Rpi: Rpl Suppl Regular 23 Supplemental Budget Request Status: Pending Parks & Recreation Supp'11D # 1459 Fund 324 Cost Center 6003 Originator. Rod Lamb between the City of Ferndale and the City of Bellingham. Final permitting will be secured in early 2013. The project will be publicly bid in the spring and construction will be completed in the summer of 2013. 4b. Measures: When the trail is completed and walkers, bikers and disabled can enjoy the new trail for recreation and transportation purposes. Success will be measured by the number of people using the trail. Trail use will be tracked by using installing an automated trail counter at the new trail. 5a. Other Departments/Agencies: County Planning & Development Services, and River & Flood have been involved with permitting of the project and will continue with inspection efforts during construction. Washington Dept. of Fish & Wildlife has been contacted to determine if any state permits are needed for the project. 5b. Name the person in charge of implementation and what they are responsible for: Planning & Development Services: Lyn Morgan -Hill River & Flood: Travis Bouma & James Lee WDFW: Jeff Kamps 6. Funding Source: REET 2 Tuesday, December 18, 2012 Rpr: Rpt Supp! Regular 24 Supplemental Budget Request status: Pending Non -Departmental Supp'I iD # 1462 Fund 141 Cost Center 14100 Originator: Tawni Helms Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Lodging Tax Fund 2013 Budget Supplemental X 4��J //I - Department H ad Signat re (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($6,005) 6610 Contractual Services $6,005 Request Total $0 la. Description of request: An amount of $558,980 was recommended to council during the biennium budget process and approved through ordinance #2012-048,. On November 2, 2012 the Lodging Tax Advisory Committee met and approved for recommendation 2013 funding applications totaling $556,005. This amount was approved by Executive Louws and recommended for Council approval. The amount entered into the budget was incorrectly added as $550,000. This supplemental budget corrects the amount to reflect the additional $6,005. in approved projects/applications. 1b. Primary customers: Whatcom county citizens. 2. Problem to be solved: This budget supplmental addresses the $6,005. discrepency between the recommended and approved contracts for tourism promotion and the budget authority approved in the 2013-2014 biennial budget. 3a. Options /Advantages: Wait until year end to adjust the amount if an adjustment is needed. 3b. Cost savings: 4a. Outcomes: The budget authority and the approved contractual agreements will align accordingly. 4b. Measures: 5a. Other Departments/Agencies: No 5b. Name the person in charge of implementation and what they are responsible for. N/A 6. Funding Source: The Lodging Tax fund has adequate funds to support this budget supplemental. Friday, January 04, 20I3 Rpt: Rpt Supp! Regular 25 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-049 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator 1/18/13 rR E C E� V E D IRl JAN 212013 WHATCOM COUNTY COUNCIL 1/29/13 Fin/Council Division Head: Dept. Head. Prosecut : 1 Purchasin /Bud et: 613, 1/18/13 Executive:11-42-11 TITLE OF DOCUMENT. Setting a hearing to declare property surplus ATTACHMENTS: Resolutions & list of property to be declared surplus SEPA review required? ( ) Yes (x) NO SEPA review completed? ( ) Yes (x ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The attached list of equipment has been determined to be surplus and available for disposal by public auction or sealed bid. The Council may find by resolution, following a public hearing that it is in the public interest to declare the property surplus and make said property available to sell by public auction. 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. 26 SPONSORED BY: PROPOSED BY: DATE INTRODUCED: RESOLUTION NO. A RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS PROPERTY AND THE SETTING OF A DATE FOR PUBLIC HEARING THEREON PURSUANT TO WCC 1.10 WHEREAS, the following described property listed in Exhibit "A", hereby incorporated by reference, is now and has been the property of Whatcom County; and WHEREAS, the County Purchasing Agent has determined that it is in the best interest of the County to sell such property; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that a public hearing on the matter of the sale of such property be held on the , 2013 at or as soon thereafter as is possible, in the Whatcom County Council Chambers at 311 Grand Avenue, Bellingham, Washington, for the purpose of admitting testimony for and against the propriety of selling such equipment; and BE IT FURTHER RESOLVED that the Clerk of the County Council is directed to give notice of such hearing in the manner prescribed by law. APPROVED this day of , 2013 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: . iiivi Deputy Prosecuting Attorney 27 Exhibit A Surplus Equipment January 2013 GENERAL FUND -SURPLUS EQUIPMENT PROPERTY UNIT YR MAKE MODEL / DESCRIPTION DEPT COMMENTS TAG # 1 Bear Engine Analyzer #762 ER & R 7732 old technology, no longer useful 1 01 HP C4266A Printer Assessor 12533 worn out, too oosdy to repair 1 94 HP C2037A Printer Auditor 3526 worn out, too costly toreair 1 99 Ricoh 206214 Large Format Copier Public Works 11132 worn out, too cosffy to repair 1 05 Canon DR9080C Scanner Public Works 16141 worn out, too costly to repair 1 04 HP Q1324A Printer Health 15431 worn out, too costly to repair 1 98 HP C4119A Printer Health 1009 worn out, too costly to repair 2 01 Cisco 1720 Routers IT 11936,1193 7 worn out, too costly to repair 1 03 HP 02425A Printer IT 14264 worn out, too costly to repair 1 03 Adtran 120206OLl Data Svc Unit IT 14268 worn out, too costly toreair 1 00 Proxima PROLS2 Projector Public Works 12103 no image 1 04 Narcotics K9 Dog Sheriff 16243 retired from duty 1 01 Canon 3170 Fax Treasurer 12110 too costly to re air 1 98? IBM 5262-001 Main Frame Printer Treasurer 14886 out dated tech, too costlyto repair 1 03 HP Q2426A Printer Treasurer 14938 too costl toreair 1 02 Dodge Van 2B5WB35Z32115926 Corrections 8009 176,093 miles 1 91 Dodge Van 2B7KB31ZOMK46006 Corrections 8003 173,982 miles 1 91 Ford E450 Bus 1 FDKE30G2MHA98489 Corrections 8004 288,532 miles 1 91 Ford E350 Bus 1 FDKE30G8MHA96990 Corrections 8006 213,802 miles 1 1 02 1 Ford E450 Bus 1FDXE45S32HB37421 Corrections 8015 180,403 miles 1 02 Ford E45013us 1 FDXE45S52HB37422 Corrections 8016 194,244 miles 1 02 Ford E450 Bus 1FDXE45S72HB37423 Corrections 8017 187,628 miles 1 90 Eagle Bus 6A11 LB090237 Corrections 8012 mileage unknown DESCRIPTION - Miscellaneous Non -Capital Small Tools & Equipment Miscellaneous worn or broken office equipment & furniture Miscellaneous worn or broken computer components Miscellaneous wheelchair lifts and seats and other parts that have been removed from the units acquired from WTA r: WHA TCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-050 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: BB 1118113 1129113 in/Council Originator: N E C E�� /J E D V Division Head.• Dept. Head: aAN 24 2013 Prosecutor: WHATCOM COUNTY Purchasin /Bud et: COUNCIL Ily ; Oj Executive: TITLE OFDOCU Resolution designating the Parks Improvement Fund to receive grant proceeds generated by the purchase of the Lily Point Marine Park. ATTACHMENTS: Cover Memo Resolution 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 requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution designating the Parks Improvement Fund to receive grant proceeds generated by the purchase of the Lily Point Marine Park. COMMITTEE ACTION.• COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 29 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM TO: Jack Louws, County Executive FROM: Brad Bennett, Finance Manager DATE: January 18, 2013 Jack Loms County Executive JAN 18 2013 JACK LOUWS COUNTY EXECUTIVE SUBJECT: Council Resolution designating the Parks Improvement Fund to receive grant proceeds generated by the purchase of Lily Point Marine Park. Attached is a proposed resolution of the Council designating the Parks Improvement Fund as the Fund to receive the $1,500,222 state grant generated by the purchase of property at Lily Point. Lily Point was purchased using the Conservation Futures Fund in 2010, grant proceeds were deposited in the Parks Improvement Fund. The grant proceeds do not have the same restrictions as money collected through the Conservation Futures Fund Tax levy. The County Council has not formally approved placing this money in the Parks Improvement Fund. If the Council does not approve this resolution the money will be transferred to the Conservation Futures Fund unless the Council provides the Administration with other direction. Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 739A55 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: January 29, 2013 RESOLUTION NO. DESIGNATING THE FUND TO RECEIVE GRANT PROCEEDS GENERATED BY THE PURCHASE OF LILY POINT MARINE PARK WHEREAS, Whatcom County purchased property for Lily Point Marine Park with money from the Conservation Futures Fund; and WHEREAS, Washington state awarded Whatcom County a grant based on the acquisition of this property; and WHEREAS, the grant proceeds of $1,500,222 were deposited in the Parks Improvement Fund; and WHEREAS, the Washington State Attorney Generals office has determined that the proceeds of the Washington State grant are not subject to the spending restrictions imposed on Conservation Futures tax levies (RCW 84.34.230). NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Council hereby approves the deposit of $1,500,222 of grant proceeds received as a result of the purchase of the Lily Point Marine Park property into the Whatcom County Parks Improvement Fund. APPROVED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor 2013, WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair 31 WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. AB2013-042A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: twh 1118113 1129113 Fin/Council Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: �/p, Executive: r' LL — TITLE OF DOCU Contract for Jail Planner Services ATTACHMENTS. Cover Memo Contract 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.) Contract for professional services for the purposes of providing review, access condition and methodology of planning and some pre -design for the New Whatcom County Sheriff's Office Jail Facility. 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. 32 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ao/343 Originating Department: Executive Office Contract Administrator: Dewey Desler/Tawni Helms Contractor's / Agency Name: I DLR Group, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes No X_ If yes, previous number(s): Is this a grant agreement? Yes No X If yes, grantor agency contract number(s) CFDA # Is this contract grant funded? Yes No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes No X If yes, RFP and Bid number(s) Cost Center: Is this contract excluded from E-Verify? No Yes X If no, include Attachment D Contractor Declaration If yes, indicate qualified exclusion(s) below: Contract less than $100,000. 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 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 $ 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: Contract for professional services for the purposes of providing review, access condition and Methodology of planning and some pre -design for the New Whatcom county Sheriff s Office Jail Facility. Term of Contract: 8 months. Expiration Date: September 27, 2013 Contract Routing Steps & Sio-noff. (sign or initial] [indicate date transmitted] 1. Prepared by twh Date 1/18/13 [electronic] 2. Attorney reviewed Date [electronic] 3. AS Finance reviewed Date [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made Date [electronic] hard copy printed 6. Attorney signoff Date It 7. Contractor signed Date 8. Submitted to Exec Office Date [summary via electronic; hardcopies] 9. Council approved (if necessary) Date 10. Executive signed Date 11. Contractor Original Returned to dept. Date 12. County Original to Council Date Last Revised 1/19/12 33 WHATCOM COUNTY oM co` Jack Loms EXECUTIVE'S OFFICE County Executive 3 < County Courthouse 311 Grand Avenue, Suite #108 z 0 Bellingham, WA 98225-4082 MEMORANDUM TO: Kathy Kershner, Council Chair Whatcom County Council Members FROM: Jack Louws, County Executive RE: Jail Planner Contract DATE: January 22, 2013 Enclosed are two (2) originals of a Contract for Services between Whatcom County and DLR Group, Inc. your review and signature. ■ Background and Purpose Last August, following the recommendations of the Jail Task Force, Whatcom County posted a "Request for Qualifications "(12-50) for a Jail Planner. Resulting from a thorough selection process, DLR Group, Inc. was selected to provide Jail Planner services to Whatcom County. After a thoughtful and deliberate negotiation, the contract for services outlines the requested scope of work in three phases. The first phase will include the review, access, condition and methodology of planning for the new jail facility in the amount of $243,470. This work will be done in close proximity to County staff representing the Sheriff's Office, Jail, Facilities and the Executive Office. Upon Executive authorization to commence, Phase II and III concerning the Supplemental Environmental Impact Statement will be conducted after initial property review by DLR. This work will be provided in the amount of $160,986. ■ Funding Amount and Source Itemized cost for all three phases is $404,456. plus $40,446 in contingency for a total cost of $444,902. Funding source is the Jail Project 2013-2014 Fund. Please contact me at extension 50123, if you have any questions or concerns regarding the terms of this agreement. Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 73015 L) ORIGINAL Whatcom County Contract # 02 01.3 0/6 Contract for Services Between Whatcom County and DLR Group, Inc. THIS AGREEMENT is made this 29t' day of January, 2013, by and between WHATCOM COUNTY, a municipal corporation, hereinafter referred to as the "County", and DLR Group, Inc., a Washington Corporation, hereinafter referred to as the "Consultant"' for the purposes of providing Review, Access Condition and Methodology of Planning and some pre -design for the New Whatcom County Sheriff s Office Jail Facility. 1. Scope of Work: The consultant will provide services as described in Exhibit A Scope of Work. This scope will be determined with the cooperation of the Consultant and the County 2. Consideration: As consideration for the services provided pursuant to Exhibit A Scope of work, the County agrees to compensate the contractor a sum not to exceed $444,902.00, which includes $404,456.00 for basic services fees as indicated in Exhibit B and Exhibit C, and $40,446.00 in contingency. Consultant will invoice the county on a monthly basis. Invoice will itemize hours worked by task and consulting service provided. Invoices will be based on rates attached in exhibit B. Mileage at IRS standard rate, expenditures such as printing, postage and telephone charges shall be reimbursed at actual cost. Requests for reimbursement of expenses must be accompanied by copies of paid invoices itemizing costs incurred. Costs of alcoholic beverages are not eligible for reimbursement. Payments are contingent upon the county's determination that the consultant has made satisfactory progress toward achievement of tasks identified in Exhibit A. The county will issue payment within 30 days of receipt of a valid invoice. Any work performed prior to the effective date of this contract or continuing after the completion date of the same unless otherwise agreed upon in writing, will be at the consultant's expense. All payments under this Agreement are considered reimbursement for services rendered. Each request for payment is to be submitted by invoice showing what services were rendered, and shall be supported by detailed documentation of those services actually performed, so as to comply with municipal auditing requirements. The County agrees to make payment for services provided promptly in accordance with the County's customary procedures. 3. Time Schedule: The service as outlined shall be completed no later than September 27, 2013 4. Extension: The duration of this Agreement may be extended and the scope of services may be expanded by mutual agreement by both parties; provided, however, that any extension of time or expansion of scope of the Agreement shall be by mutual written consent of the parties 5. Modifications: Agreement may be extended and the scope of services may be expanded by mutual agreement by both parties; provided, however, no change or additions to this Agreement shall be valid or binding upon either party unless such change or additions be in writing and executed by both parties. The scope of services and mutual agreement of lump sum fee modifications shall be negotiated utilizing the hourly rates as published in Exhibit B and Exhibit C. Any scope of services and mutual agreement of lump sum fee modifications shall utilize the contingency indicated in paragraph 2. Any unutilized contingency will remain the property of the County. 6. Licensing in Compliance with Laws & Regulations: The Consultant 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 Consultant agrees to comply with all applicable provisions of federal, state, and local law, including laws pertaining to public works projects. The Consultant is in compliance with RCW 18.27, the State Licensing Law, with a Certificate of Registration to be in effect throughout the work. The Consultant agrees to pay wages in accordance with RCW 39.12.040, the Prevailing Professional Services Contract Jail Planner DLR Group Page 1 35 Wage Act. The Consultant agrees to comply with all applicable standards of the Americans with Disabilities Act of 1990. 7. Property Rights: When the Consultant creates any copyrightable materials or invents any patentable property, the Consultant may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the material or property and to authorize other governments to use the same for state or local government purposes. Consultant further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 8. Communications: Communications between the Consultant and the County shall be addressed to the regular places of business. In the case of the Consultant, the address shall be: DLR Group, Inc. 901 Fifth Avenue Seattle WA 98164 Phone: (206) 461-6000 Fax: (206) 461-6049 In the case of the County, communications shall be sent to: Whatcom County Executive Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 Phone: (360) 676-6717 Fax: (360) 676-6775 9. Administration of Contract: The County hereby appoints and the Consultant hereby accepts the Whatcom County Executive, and his or her designee, as the County's representative for the purpose of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents related to this Agreement. 10. Relationship of the Parties: The parties intend that an independent Consultant/County relationship will be created by this Agreement. The County is interested only in the results to be achieved; the implementation of services will lie solely with the Consultant. Neither the Consultant or any agent, employee, or representative of the Consultant shall be deemed to be an agent, employee, or representative of the County for any purpose. 11. Indemnification and Hold Harmless: To the fullest extent permitted by law, Consultant shall indemnify Client, its officers, directors, partners, employees, and representatives, from and against losses, damages, and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are found to be caused by negligent act, error, or omission of Consultant or Consultant's officers, directors, members, partners, agents, employees, or sub - consultants in the performance of services under this Agreement. Negligent acts, errors, or omissions of Consultant or Consultant's officers, directors, members, partners, agents, employees, or sub -consultants in the performance of services under this Agreement will be addressed with a 2% binding clause. In which the County will pay the first 2% of negligent acts, errors, or omissions of Consultant or Consultant's officers, directors, members, partners, agents, employees, or sub -consultants in the performance of services under this Agreement and the consultant will pay the remainder. This is done with the understanding that a budget has been created with the consultant, and to insure quality control a 2% clause will be agreed upon. This 2% agreement will not include change orders or scope creep initiated by the County. Provide all materials necessary for the proper execution and completion of this Work as herein specified or called Professional Services Contract Jail Planner DLR Group Page 2 36 for under this agreement. Required items not specifically mentioned in the scope or indicated in this document shall be provided as necessary to produce the intended results. The standard of care for all professional services performed or furnished by Consultant under this Agreement will be the skill and care used by members of Consultant's profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with Consultant's services other than what has been agreed upon in this document. 12. Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 13. Social Security and Other Taxes: Consultant assumes full responsibility for the payment of all payroll taxes, use, sales, income, other form of taxes, fee, licenses, excises, or payments required by any City, County, Federal or State legislation which are now or may, during the term of this Agreement, be enacted as to the Consultant and all persons employed by the Consultant as to all duties, activities, and requirements by the Consultant in performance of the work pursuant to this Agreement and shall assume exclusive liability therefore, and meet all requirements there under pursuant to any rules and regulations that are now and may be promulgated in connection therewith. 14. Wages, Overtime and Safety: The Consultant agrees to comply with 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. 15. Proof of Insurance: The Consultant shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: General Liability & Property Damage for bodily injury- $1,000,000.00 Property Damage per occurrence - $500,000.00 Professional Liability Insurance- $2,000,000.00 16. 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 of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein. 17. Suspension/Termination: If the Consultant fails to comply fully with the terms and conditions of this Agreement, the County may pursue such remedies as are legally available, including but not limited to, the suspension or termination of this Agreement in the manner specified herein. 17.1. Suspension or termination for cause, If the Consultant is unable to substantiate full compliance with the provisions of this Agreement, the County may suspend or terminate the Professional Services Contract Jail Planner DLR Group Page 3 37 Agreement pending corrective acts or investigation, which suspension or termination shall be effective upon seven (7) days written notification to the Consultant or its authorized representative. 17.2. For any other reason this Agreement may be terminated in whole or in part by either party hereto upon thirty (30) days advance written notice to the other party. 17.3. In the event of termination under this clause, the County shall be liable only for payments in accordance with the terms of this Agreement for services rendered prior to the effective date of termination. 18. Non -Discrimination in Employment: The Consultant shall not discriminate against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, Vietnam -era or disabled veteran status, or disability, except where such constitutes a bona fide occupational qualification. The Consultant 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, sexual orientation, age, marital status, Vietnam -era or disabled veteran status, or disability, 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. 19. Assignment and/or Subcontracting: The performance of all activities contemplated by this Agreement shall be accomplished personally by the Consultant. The Consultant shall not assign or subcontract performance to others unless specifically authorized in writing by the County in advance. All terms and conditions of this Agreement shall apply to any approved subcontract or assignment related to this Agreement. 20. Safeguarding Client Information: The Consultant agrees that confidential information obtained from the County shall not be disclosed except upon the written consent of the County. 21. Non -Waiver of Breach: 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. 22. Time for Performance: Any work performed prior to the effective date of this Agreement or continuing after the completion date of the same, unless otherwise agreed upon in writing herein, will be in violation of this Agreement and municipal auditing requirements and will be at the Consultant's expense. 23. Venue Stipulation: This Agreement has been and shall be construed as having been made and delivered within the State of Washington. It is mutually understood and 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. Any action in lawsuit and equity or judicial proceedings for the enforcement of this Agreement, or any provision thereof, shall be instituted and maintained in the courts of competent jurisdiction located in Whatcom County, Washington. 24. Severability: It is understood and agreed by the parties hereto that if any part of this Agreement is determined to be illegal, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed as if the Agreement did not contain the particular illegal part. 25. Extent of Agreement: This Agreement, with attachments, contains all of the terms and conditions agreed upon by the parties hereto. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. Professional Services Contract Jail Planner DLR Group Page 4 FOR THE CONSULTANT: : William J. Valdez, Vice President FOR WHATCOM COUNTY an Jack Louws, County Executive Date Signed: STATE OF WASHINGTON ) ss. COUNTY OF ) On this day of , 2013, before me personally appeared William J. Valdez, to me known to be the Vice President of DLR Group, ine , 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: Date Signed: STATE OF WASHINGTON ) ) ss. COUNTY OF 1 On this day of , 2013, before me personally appeared Jack Louws to me known to be the County Executive of Whatcom County, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at: My Commission Expires: APPROVED AS TO FOeR+M: --p, A - � Ilt'\ W &2? an all Watts, Chie'IT9kil Deputy Prosecutor Professional Services Contract Jail Planner DLR Group Page 5 39 EXHIBIT A SCOPE OF WORK Phase 1 of the Scope of Work will include, but not be limited to, the following deliverables. These tasks and the associated cost is itemized in Exhibit B in the amount of $243,470. 1) Updating and expanding the existing 2008 Needs Assessment. It is anticipated that this update will include at minimum the following information: a. Number of total beds on initial build -out. b. Projected number of total beds, with 5 year incremental estimates, needed for a 25 year planning period (through the year 2038). The projections will be expressed as a reasonable range with low, medium, and high projections. The medium projection will represent the most likely projection for the county. c. Housing and programming space requirements, utilizing national guidelines, such as ACA, for the following: *Housing/cell space. * Space for education, vocational, treatment, etc. *Infrastructure space needed to support offender housing (food services storage; facilities mechanical, laundry, maintenance, etc.) * Ancillary space (such as judicial processing, medical services, visitation). * Requirement for onsite courtroom facilities if any d. Detailed inmate population profile to be used in determining types and allocations for offender housing. e. Estimations of the specific housing allocations (Including but not limited to: Maximum security single cells, multi -cell housing; dormitory, medical/mental health, medical isolation with negative pressure, intake, behavior modification, ADA/special needs) f. Identification and evaluation of potential changes in judicial, prosecutorial and corrections policies that may impact length of stay. No analysis of potential changes effect on length of stay is to be performed. g. Identification and evaluation of potential changes in law enforcement and corrections policies that may impact offender bookings. No analysis of potential changes effect on bookings is to be performed. h. County to provide both County and specific city population trends, with emphasis on an analysis of the specific demographics that may have a disproportionate impact on jail population to the consultant for evaluation and incorporation into analysis for paragraph La and Lb. i. Identify impacts of jail alternatives and/or diversion programs on offender population growth. To include programs not currently utilized by Whatcom County, for example day reporting, but which have proven successful in other jurisdictions of a similar size. No analysis of alternatives and/or diversion programs effect on jail population is to be performed. j. Identify potential impacts of criminal justice system in practices on jail population. No analysis of initiatives/best practices effect on length of stay or jail population is to be performed. Professional Services Contract Jail Planner DLR Group Page 6 us] k. Describe the impacts of the physical separation of county jail and judicial processing facilities. No analysis of trip generation or trip duration as a component of physical separation of the county jail and judicial facilities. Analysis and impact will only describe effect on operational staffmg as described in paragraph 4. 1. *Work with County to determine if courtroom facilities will be required on campus. If it is determined that courtroom facilities will be required on campus an additional service will be negotiated for building programming as described in paragraph 2.c. m. Identify specific needs with regards to inmate transportation to the Courthouse, inmate holding at the courthouse, including analysis of possible use of existing jail facility for temporary inmate holding and remodeling requirements to facilitate holding in the existing facility if any. No analysis of trip generation or trip duration as a component of physical separation of the county jail and judicial facilities. Analysis and impact will only describe effect on operational staffing as described in paragraph 4 n. Update programming for Sheriff's office headquarters. 2) Building Programming. Based on the needs assessment and site description, develop a conceptual building program. The scope of work will be based off of beginning with a blended direct and indirect radial plan model, based off of the South Correctional Entity (SCORE) Jail, for jail operation, staffing plan, space list, assigned square footage, and adjacencies. Building program to include at minimum: a. Evaluation of building designs based off of beginning with a blended direct and indirect radial plan model, based off of the South Correctional Entity (SCORE) Jail, as they apply to Whatcom County. b. Work with owner to identify and assign square footages and adjacencies to core functions of the facility, including, but not limited to: admission and release; visiting, video or contact; exercise and recreation; detention; medical services; video court appearances; commissary program; inmate programs; religious services; inmate transport; library access/services; work programs; industry; staff training; food service; laundry; correctional alternatives; administrative space, circulation and M & E spaces. c. If it is determined above that Courtroom facilities will be required on campus, an additional service will be negotiated for the generation of program required square footages and adjacencies to support this function d. Evaluation of separate Sheriff's Office Headquarters building vs. a Headquarters connected to the Detention facility. e. Evaluation of incorporation of Sheriff's office operational and support functions into a consolidated main facility to include, but not be limited to: i. Property impound and storage ii. Evidence impound and storage iii. Training and briefing rooms iv. Employee ancillary support facilities (locker, changing rooms, etc.) v. Equipment storage vi. Interview and meeting rooms vii. Offices f. Estimated square footage. g. Compatibility or conflicts with adjoining uses. h. Impact of technology on design and operations. i. Ability to gain LEED Silver certification j. Development of cost estimates for design and construction to a level sufficient to assist in decision making. Professional Services Contract Jail Planner DLR Group Page 7 41 3) Site Review and Conceptual Design — Evaluate the site as to suitability of utility availabilities, zoning, transportation needs, size, necessary features, buffers, setbacks, etc. a. Review site(s) as identified by the County against existing County site criteria. b. Layout to include building(s) orientation, site access, on site traffic circulation/separation, onsite parking, fire access, site amenities, service access, dumpsters, generator, etc. c. Identify site and off -site construction scope, mitigation scope and utilities scope. d. Review geotechnical assessment of proposed site. e. Identify parking and any ancillary buildings or activities to be located at the site, including exterior fencing or visible security enhancements. f. Provide building section. The scope of work will be based off of beginning with a blended direct and indirect radial plan model, based off of the South Correctional Entity (SCORE) Jail. g. Provide conceptual drawings to a level sufficient to identify the core functions of the facility, as programmed in 2 (b) & (c) above. The scope of work will be based off of beginning with a blended direct and indirect radial plan model, based off of the South Correctional Entity (SCORE) Jail. h. Narratives for building systems and materials for jail. i. On site and off site traffic analysis, if required, will be negotiated as an additional service. 4) Jail Staffing Formula - Identify staff needed to appropriately staff facility based upon conceptual design. Analysis should include both custody and ancillary staffing. All positions should be identified as fixed, rotational, limited hours, or 24-hour posts. Salary ranges for the positions will be provided by the county as necessary to assist with tasks 5 and 6 (Estimated Operational Budget and Cost Benefit Analysis). Jail staffing formula to be performed for both capacity at day facility opens and at full occupied capacity. The scope of work will be based off of beginning with a blended direct and indirect radial plan model, based off of the South Correctional Entity (SCORE) Jail, for jail operation and staffing formula. a. Identify staffing necessary to staff the facility, including those tasks necessary to support core functions as identified in Section 2 (b) b. County to provide shift concepts to consultant. c. Identify administrative staffing requirement. d. Identify court service relationships and transport requirements. e. Identify anticipated staffing levels as they relate to items listed in the Building Program section, to include at minimum: a. Sheriffs Office staff (ex. administration, custody, programs, support, etc). b. Ancillary County staff (e.g., maintenance, finance) c. Contract staff for outsourced services such as food service and medical. 5) Creation of an estimated Operational Budget. Given the anticipated facility size, location, utility expenses, design and staffing formulas, develop annual operations budget estimate with anticipated growth over a 10-year planning period. Based upon the site identified by the county, and building concept as developed, identify construction and operational budgets for facility with the following components: a. Identify staffing budget b. Identify utilities budget C. Identify maintenance budget based on County provided historical costs. d. Identify assessments budget based on County provided historical costs. e. Identify insurance budget based on County provided historical costs. f. Identify legal budget based on County provided historical costs. g Identify periodic replacement budget based on County provided historical costs. Professional Services Contract Jail Planner DLR Group Page 8 42 h. Identify start-up budget 1. Identify soft goods budget based on County provided historical costs. j Identify equipment budget based on County provided historical costs. k. Identify loose fixtures and furnishings budget 1. Identify outsourced activities budget (food services, medical, laundry, etc.) in. Identify inflationary budget with 10-year projections n. Identify necessary environmental review costs. o. Identify design and architecture fees. p. Identify construction costs q. Identify permit and impact fees r. Identify a full operational budget based upon operations at both capacity at day facility opens and 100% operational capacities. 6) Cost Benefit Analysis - Based upon the results from Tasks 1 - 5, develop a cost/benefit analysis for the County. a. Based upon construction costs, ancillary furnishing, and consumables identify total project cost and projected annual operating costs at project completion. b. Based upon projected total project and annual operating costs, identify potential funding sources including existing county reserves and option for necessary debt repayment based upon a 30 year amortization schedule. c. Based upon debt repayment schedule and anticipated annual operating budget, identify a daily rate that would cover operations and debt repayment. 7) Preparation of a supplemental to the existing Draft Environmental Impact Study a. PHASE I - This Phase will develop the SEPA, Permitting and Public Outreach processes. It will coordinate work on a Supplemental EIS with the ongoing review by the County of alternative sites so that a final decision on alternatives can be incorporated immediately into the SEIS development process. Up to four alternatives may be selected for review. The SEIS assuming that these four alternatives will be studied. The County will notify the consultant of any modifications, additions to or deletions from this list. Adjustments to Scope and Budget will be reviewed at that time: 1. No Action 2. Labounty Road 3. Janiciki II 4. DNR i. Permit Management Plan -_Prepare a Permit Management Plan (PMP) for the Ferndale and County alternatives. The PMP will be prepared in draft form for review by the County. It will identify all federal, state, regional and local permits required for jail construction in the host jurisdiction. The Plan will include the following: Project Elements 1. Required Permits/Approvals 2. Required Permit Application Forms 3. Agency Coordination and Consultation 4. Regulatory Considerations Affecting Project Plan 5. Permitting Schedule 6. Permit/Approval Status Table Information necessary for each permit application will be identified. The Permit/Approval Status Table will become the primary management/tracking vehicle for the permit process. Lead the preparation and Professional Services Contract Jail Planner DLR Group Page 9 43 maintenance of the Permit Management Plan and will prepare a Permit Notebook containing copies of all permit applications. ii. Public Involvement Plan 1.Prepare a draft and final Public Involvement Plan (PIP). Drafts will be produced for County review prior to finalization and execution. 2.The PIP will outline how workshops, public meetings and other outreach elements, including public notice requirements; will be integrated with the formal SEPA and permitting processes. It will, for instance, discuss how workshops will be conducted prior to the public meetings where comments on Scoping and the Draft Supplemental EIS will be received. The PIP will include additional outreach efforts as desired by the County. It will be a dynamic document, adjustable as circumstances dictate. iii. Site Analysis Confirmation Review and confirm findings of site selection committee regarding selected alternative sites to be studied in the SEIS. The purpose of this review is to ascertain any newly discovered issues that might alter the committee's rating of the site(s). iv. Critical Areas Analysis Perform critical areas reconnaissance on up to three sites. It is assumed that two sites (Labounty and DNR) have been analyzed in depth. The Janicki site is less documented. Perform a reconnaissance on all three sites and provide preliminary results to the County for its use in site feasibility and alternatives selection. For the SEIS, final delineations will be confirmed and conceptual mitigation plans developed. v. Phase 1 Environmental Assessment — Conduct a Phase 1 Environmental Assessment for one site of the County's choosing. The Assessment will meet ASTM standards. The report will be delivered prior to a decision date on any pending property purchases. Direct costs will include Environmental Data Resources (EDR) reports, title chain and other customary reports. These will be billed at -cost with no mark up. vi. Phase 1 Scope and Budget Evaluation - Upon completion of Phase 1 elements or as otherwise determined, consultant and, the County will review the results of analysis to date to determine what, if any, adjustments are desired for future study phases. The Scope and Budgets will be adjusted accordingly. The work of Phase II and Phase III as described below and any subsequent compensation for such service will begin only after written authorization is provided by the County Executive. If authorized, Phase II and III representing the Supplemental Environmental Impact Statement process is itemized in Exhibit C in the amount of $160,986. b. PHASE II — i. SEIS Scoping — A complete scoping process will be conducted. Manage the Scoping process, working with the Whatcom County Department of Planning and Development Services and any host jurisdictions. Assist the preparation of scoping notices and requests for comments in accordance with local and state rules and guidelines. Plan, execute and facilitate a public scoping meeting and will coordinate collection of comments from the public. Develop drafts of the Final Scoping document for review by the County, outlining topics to be addressed in the Supplemental EIS. Scoping will be integrated with other elements of the Public Involvement Plan. Emphasis will be placed on combining Scoping events with other public outreach. ii. Phase II Scope and Budget Evaluation - Upon completion of the .SEPA Scoping process, Consultant and the County will determine what, if any, adjustments are desired for the SEIS process. The Scope and Budgets will be adjusted accordingly. Professional Services Contract Jail Planner DLR Group Page 10 PHASE III — i. Supplemental EIS - complete a review of the 2010 Draft EIS' and advise on areas of revision/addition/modifications. This will be based on a review of SEPA regulations, the Preferred Alternative, two additional alternatives and the total record contained in the 2010-2011 study effort. Confer with the Responsible Official, and other jurisdictions, to outline the content requirements of the Draft SEIS and to reach agreement on a schedule for review. It will assist in the development of a contact list for agencies with jurisdiction. If specialty consultants (traffic, geotech, air quality, etc.) are determined necessary as a result of scoping, consultant will coordinate their involvement, analysis and reporting. Consultant will review all special studies for internal consistency with other reports to ensure a coordinated message in the Supplemental EIS. ii. Draft SEIS (DSEIS) The DSEIS will address the affected environment, significant impacts and mitigation measures related to areas identified during the scoping process. The manuscript will be a modification of the 2010 Draft EIS. Consultant and County will review 2010 (Draft) and 2011 (Final) documents and agree on what major changes in the analysis are necessitated by the revised project. As a supplemental document, the format of the DSEIS will closely approximate that of the 2010 DEIS. Work with the potential host cities throughout the DSEIS process. Will coordinate and review the work products of contributing sub -consultants to ensure internal and external document consistency. Provide a manuscript for review and work with the County and any potential host jurisdiction to address any comments or revisions necessary. Upon approval of the manuscript, will help coordinate publication, advertising and circulation of the formal DSEIS. The status of DSEIS development will be continually updated on the County's website. Coordinate updates with Whatcom County. iii. DSEIS Review - A public comment hearing will be held on the DSEIS. Plan, execute and facilitate a public comment hearing during the formal comment period and will coordinate the recording of comments received. Provide representation at the hearing and, if directed by the County, will moderate the proceedings. Document all comments and ensure their proper placement in the FSEIS. At the end of the DSEIS comment period, draft "Responses to Comments" will be prepared for review by the Responsible Official. Coordinate the work of technical sub -consultants responding to comments to ensure internal document consistency. iv. Final SEIS- Work with the County and Lead Agency to determine changes necessary for completion of the FSEIS. A copy will also be made available to the any host permitting jurisdiction. The format of the FSEIS will be agreed upon and will provide a camera-ready FSEIS. At the direction of the County, will coordinate publication of the FSEIS. 8) Project review meetings and workshops are an essential element in every design project. Facilitation, participation, and management of project review meetings and workshops will occur at project kick-off, departmental interviews, forecasting and demographics workshops, staffing workshops, space programming workshops, functional adjacency workshops, site planning workshops, building concept workshops, cost analysis meetings, and Supplemental Environmental Impact Study process. Each of these workshops and meetings will include members of the design team, internal and external project 1 Whatcom County Adult Corrections Facility and Sheriff's Headquarters, Draft Environmental Impact Statement. Professional Services Contract Jail Planner DLR Group Page 11 45 stakeholder group representatives, and the County Jail Working Group or a combination of these groups depending on the subject matter. 9) Participation in the presentation review of results of the planning process with the County Jail Working Group. 10) Participation and presentation of results of the planning and design process with 3 public meetings and 1 informational presentation to the Whatcom County Council. Professional Services Contract Jail Planner DLR Group Page 12 Exhibit B Planning Fee Matrix for Phase I The Contract Number, set forth, shall be included on all billings or correspondence in connection therewith. The Consultant may bill the County progressively not more than once per month (30 days). Progressive billings will be for the amount of work complete. Consultant must submit an Invoice for payment with supporting original documentation for all reimbursable expenses. Fees justified based on 2011 Washington State Predesign & Fee Guidelines and Negotiated Scope of Work. Professional Services Contract Jail Planner DLR Group Page 13 47 Exhibit B Planning Fee Matrix (cont.) Negotiated Lump Sum Fee - Hourly Breakdown Lump Sum Fee 110912013 12121/2012 of 6 ` • t9 r:� Y u 0 W N CoC y m of of a r c c 3 E ❑ a o W W inai ❑ C C L Vl y C C OI Q' C C m N o .02 E f E o c m m N • A C C• O Q `- .Uri.. m� c mc ac 2 na ❑oy W oo- 0 0 0 c o rn m m x a` C7 a` w a` C7 ru a K W U U U U A.1 18asic Pro ramming i 225 165 165 165 110 85 115 150 118 111 $ 94 1- 1.01 Updating and Expanding the Existing 2008 Existing Needs basic 16 144 16 - - 6 14 - - - - - Assessment Reduction Perform no analysis of potential changes to policies, programs S (9,900) - (48) (12) - - - - - - - - and best practices. Provide commentary on assumptions, Whatcom County utilizes and best practices. Reduction Perform only operational analysis of potential impacts of physical S (4,950) - (22) (8) - - - - - - - - - separation of County jail & Judicial system. No cost analysis or altemative evaluation. 1.02 lBuilding Programming basic a thru h aluation of SingletCampus, Jail, Court, Sheriffs Office HQ, basic 40 232 16 12 8 2 12 10 - - - - eriffs Office Op & Support assumed to be within MACC Edoet ? On Site Traffic Off Site Traffic & Site Access lemental supplemental o Parking, Ere Access, Site Amenities, Service Access, Dumpsters, basic 8 - 24 8 8 1 - 4 16 24 10 - Generators i Compatibility with adjoining uses basic 4 8 1 12 . Impact of technology IT = basic, Security= supplemental) su " Iemerdal ,. k LEED Requirements basic 4 12 12 4 2 2 1 I Cost Estimating basic 6 2 16 8 3 4 8 34 Reduction Delete evaluation of single building vs. campus. Revise building S (17.500) (20) (80) - - - - - - - - - - design and programming to all be performed based off of starting with the SCORE model. 1.03 Site Review & Conceptual Design basic a Site evaluation and criteria confirmation basic 4 4 1 B 48 8 12 6 b Diag rammatic site layout basic 4 16 2 12 1 6 14 16 c On site scope and utility basic 2 4 4 36 18 c Off -site scope and utility and any mitigation suppl6rhental d Review of Geotechnical basic 4 4 4 1 e Parking & Site amenities basic 2 8 8 4 8 f Buildingsection basic 2 24 8 16 1 8 Conce tdrawin s basic 24 4 60 24 40 2 20 1 12 18 8 h Outline specification - Revise to Standard Narratives per State $ - 4 - 28 16 - 6 - 20 5 - - - Fee Guidelines Reduction Revise building design and conceptual drawings to all be $ (24,500) (16) (a) (60) (24) (52) - - - - - - - performed based off of starting with the SCORE model. 1.04 Jail Staffing Plan basic 8 72 Reduction Whatcom County to provide Jail Operation shift and S (6,600) - (40) - - - - - - - - - - administrative staffing requirements to DLR Group. Revise building staffing to all be performed based off of starting with the SCORE model of blended direct and indirect supervision. Delete court staffing analysis. Delete analysis of staffing efficiency by having Sheriff Office on site. Delete analysis of ancillary criminal 'ustice staff. Addition Perform Jail Staffing Model for both staffing on opening day and S 3,960 - 24 at full capacity 1.05 Creation of Estimated Operational Budget basic 8 48 16 8 8 20 Reduction Whatcom County to provide current operational budget for all non- S (4,950) - (24) (5) - - - - - - - - - facility budget items. DLR Group to utilize these values or industry best practices values for non -facility budget items and costs when developing the annual operational budget 1.06 Cost Benefit Analysis basic 8 16 B 12 50 1-07 Pre aration of Supplemental EIS (Separate Contract $ 1.08 Presentation to County Jail Working Group basic 8 8 16 8 12 8 1.09 Presentations - 3 Public & 1 WCC basic 32 32 16 60 45 Basic Programming Services for 500.700 Bed Jail s 300,000 Total: BasioPrd r8ri1mlr :Services S 235660' A.2 ISupplemental Services 2.01 Traffic analysis TBD Eased or! Preferrad.Site 2.02 Generation of Geotechnical Services and Report TBD Base'd.on Preferred Site . 2.03 Site Survey Services TBD Based on, Preferred Site 2.04 Haz Mat, Environmental, Wetland Remediation TBD Based on Preferred. Site 2.05 Off -Site Utility Studies TBD Based on Preferred Site 2.06 Project funding analysis TBD if necessary 2.07 Security Electronics System Consultant+ Estimate TBD If necessary 2.08 Detention Hardware Integrator+ Estimate TED if necessary. 2.09 Food Service Design TBD if , neces Professional Services Contract Jail Planner DLR Group Page 14 rim* Exhibit B Planning Fee Matrix (coat.) Professional Services Contract Jail Planner DLR Group Page 15 EEO Exhibit C Supplemental Environmental Impact Statement Fee Matrix for Phase II and III Lump Sum Fee - Hourly Breakdown 1/08/2013— J J G � O A a G o o — m E m a N N N ' 6 W W m O E n C � L n U lu = a e G N __ N n ? A.1 Phase 1 $ 225 1.01 Public Involvement Plan basic 4 1 4B S 6,485 1.02 She Analysis Confirmation basic 2 17 8 S 3,354 1.03 Critical Areas Analysis basic $ a One Lower level Documentation Site basic 6 61 16 S 10.233 b Two High level Documentation Site basic 6 70 16 S 11.238 b Site Survey supplemental .. S 1.04 Phase 1 Environmental Assessment basic 4 30 _ 12 _ _ _ S 5,816 - Total:Phase<1Servtces-::.: .. .. ...,. .. , : :... a ,... - .:: . - _ ,_ . [S :. 37'131 A.2 Phase 5 2.01 SETS Scoping basic 6 - - - - 1 48 - 8 - - - $ 7,868 2.02 Supplemental EIS basic - - - - - - - - - - - - $ - a Draft SEIS basic 4 483 8 40 $ 62,320 b DEIS Review basic 8 8 60 8 a S 1Z164 b Final SEIS basic 4 240 8 24 S 32.532 .. - .. Total:Pfiasetservices .. S. ., .., .- . - , . .. - S -114;885 $ 152,016 Subtotal Lump Sum Fee $ A.3 AE ReimbuableEe (note., sub-consuham reimbursable IsIsume nse n Neir fee Mileage (outside of 50 miles from Bellingham) S 1,421 Meals $ 800 Lodging S Printing Allowance, drawin s, text, PIP exhibits S 6,000 Shipping S 750 Total.Rehntiursable Expense .. . $- 8,971 Total Lump Sum Fee $ 3,971 Professional Services Contract Jail Planner DLR Group Page 16 50 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-036 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: FINANCE Council SM 12118112 IU�U( j� E C E V E JAN 0 8 2013 1 / 2 9 / 2 013 Di Dvisinonano Head: Dept. Head: Prosecutor: _ WH ATCOM COUNTY COUNCIL Purchasin /Bud et: l/Z Executive: TITLE OF DO NT. Economic Development Investment Program — Interlocal Loan & Grant Agreement with City of Lynden ATTACHMENTS. Memorandum; Interlocal Loan Agreement; Project Cost Summary 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.) On December 6 h, 2011, the County Council approved the EDI Board's funding recommendation in support of a $4,000,000 loan and a $2,000,000 grant to the City of Lynden for use towards their Water Treatment Plant project. Attached is the Interlocal Loan and Grant Agreement between the County and the City of Lynden that outlines the terms of this agreement. We respectfully request the Council's approval for the County Executive to execute this Interlocal Agreement. COMMITTEE ACTION: COUNCIL ACTION: 1/15/2013: Withdrawn 1/15/2013: Withdrawn Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www. co.whatcom.wa.us/council, 51 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 I_J1_V 4 l l eRT-1 T o Ill 1 TO: Whatcom County Council members FROM: Jack Louws, County Executive RE: EDI Program - Interlocal Loan & Grant Agreement with City of Lynden DATE: December 28, 2012 Jack Louws County Executive Enclosed are two (2) originals of an Interlocal Loan and Grant Agreement between Whatcom County and the City of Lynden for your review and approval. ■ Background and Purpose In December of 2011, the Council adopted the EDI Board's recommendation to provide funding through the EDI Program for the City of Lynden's Water Treatment Plant project. This loan and grant agreement is being presented to you now for approval, following a delay due to project budget details being finalized by Lynden. Once approved, we respectfully request your authorization for the County Executive to execute this agreement. ■ Funding Amount and Source Funding won't be accessed until the Spring of 2014. $4-million will be drawn from the EDI Program's loan program, and up to $2-million will be drawn from the EDI Program's Grant program. This program funding is derived from the Public Utilities Improvement Fund. Please contact me with any questions or concerns regarding the terms of this agreement. Enclosures Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 743555 WHATCOM COUNTY CONTRACT INFORMATIONSHEET Whatcom County Contract No. aol3a/o®3 Originating Department: Executive Contract Administrator: Suzanne Mildner Contractor's / Agency Name: City of Lynden Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes No If yes, previous number(s): Is this a grant agreement? Yes X No If yes, grantor agency contract number(s) _(EDI Program) CFDA number Is this contract grant funded? Yes No X' If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes No X If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract 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 $ 6,000,000 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ greater, must also go to Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: $ Executive with supporting memo for approval. Scope of Services Interlocal Loan and Grant Agreement with the City ofLynden utilizing EDI Program funding (from the Public Utilities Improvement Fund) for use in the City of Lynden's Water Treatment Plant project. Term o Contract: 20 years Ex iration Date: (est'd) 12/31/2033 Contract Routing Steps & Signof - [sign or initial] 1. Prepared by. sm 2. Attorney reviewed: _rjw 3. AS Finance reviewed: 4. IT reviewed if IT related 5. Corrections made: 6. Attorney signoff.- 7. Goirtmefor-signed.-L C436,✓ 8. Submitted to Exec Office IJ 10. Council approved (if necessary) 11. Executive signed: 12. Contractor Orig. returned to dept,• 13. County Original to Council [indicate date transmitted] Date 12/13/1,d_ [electronic] Date_12113111 [electronic] Date Z 3/ 1Z [electronic] Date _ [electronic] Date [electronic] hard copy printed Date J , -ZS Date �Yi 2, Date /-Z -t 3 [summary via electronic, hardcopies] Date Date Date Date Date this form may need to expand to more than one page 53 COUNTY ORIGINAL PARTIES Whatcom County Contract No. aa/3o/oo3 Economic Development Investment Program Interlocal Loan & Grant Agreement This Agreement is made by and between Whatcom County (hereinafter referred to as the County), and the City of Lynden (hereinafter referred to as the City). II TERM This Agreement takes effect upon execution hereof by the authorized representatives of both parties and continues in effect until all payments required under Section V, MUTUAL CONSIDERATION, Subsection C, REPAYMENT OF COUNTY LOAN, have been made or until terminated as provided for in Section Vill, TERMINATION. The City shall make its initial request for funding under this agreement no earlier than March 31, 2014, and may do so for a period of three (3) years, up to and including March 31, 2017. III PURPOSE The purpose of this Agreement is to provide funding support for the Water Treatment Plant Project (hereinafter referred to as the Project) using certain County funds designated for such infrastructure development. These funds will be used to complete the Project as outlined in the Economic Development Investment (EDI) Program Application as attached (Attachment C). IV RECITALS The Parties make this Agreement based on and in recognition of certain relevant facts and circumstances including: A. Sales and use taxes are collected in and for the County under authority of RCW 82.14.370 and Whatcom County Code 2.130 for the purpose of financing public facilities in the County, and the proceeds are deposited in the Whatcom County Public Utilities Improvement Fund. B. The City will design, construct and manage the Project. The Whatcom County Public Utilities Improvement Fund will fund up to $4,000,000 in loans and up to $2,000,000 in grants for this Project. A majority of the Project will be funded by the City of Lynden. When total Project expenditures exceed $21,415,000, then loan funds of up to $4,000,000 will be made available from the Whatcom County Public Utilities Improvement Fund. If the Project continues and expenditures exceed $25,415,000, then grant funds of up to $2,000,000 will be Interlocal Loan & Grant Agreement between Whatcom County and the City of Lynden Page 1 of 11 54 made available from the Whatcom County Public Utilities Improvement Fund. Should the Project total cost amount to less than $27,415,000, then that portion of EDI grant monies not used for the Project will remain in the Whatcom County Public Utilities Improvement Fund. The City of Lynden will own and maintain the Project. C. RCW 82.14.370 was adopted to serve the goals of promoting the ongoing operation of business in rural distressed areas, promoting the expansion of existing businesses in rural distressed areas, attracting and developing new businesses, and providing family wage jobs and the development of communities of, excellence in such areas. The parties expect the Project to further these goals. D. RCW 82.14.370 defines public facilities to include bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural gas, buildings, structures, telecommunications infrastructure, transportation infrastructure, or commercial infrastructure, and City facilities in the state of Washington. E. The County has created the EDI Board to review applications for loans and grants from the Public Utilities Improvement Fund and to make recommendations for Public Utilities Improvement Fund investments based on commitment of other funds, potential for resulting job creation, and other factors. F. The EDI Board has reviewed the application for Public Utilities Improvement Funds and has recommended approval to the Whatcom County Council. G. The County EDI Board has reviewed and recommended this project application be approved with a recommendation of a loan in the amount of $4,000,000.00 and a grant in the amount of $2,000,000, for a total of $6,000,000. A copy of the EDI application for this project is attached by reference to this Agreement. H. The Whatcom County Council reviewed the recommendation and approved a loan to the City from the Public Utilities Improvement Fund in the amount of $4,000,000, and a grant to the City from the Public Utilities Improvement Fund in the amount of $2,000,000. The Public Utilities Improvement Fund balance is sufficient to make the requested loan and grant to the Project. J. RCW 39.34 authorizes interlocal agreements whereby municipal governments may jointly exercise the powers granted to each. V MUTUAL CONSIDERATION The parties do not intend to create any new or separate legal or administrative entity by this Agreement but intend for this mutual Agreement to govern the County's financial support for the Project. The terms and conditions contained herein reflect the voluntary participation of the Inter]ocal Loan & Grant Agreement between Whatcom County and the City of Lynden Page 2 of 11 55 parties. A. CITY OF LYNDEN RESPONSIBILITIES: The City hereby agrees as follows: (i) If after the award of the construction contract, the Scope of the Project or the Project budget has changed, the City shall provide the County the following updated documents: 1) a detailed description of the project; 2) a project budget itemizing major improvements together with the estimated cost of the improvements; and 3) a schedule showing sources and uses of funding for the project, if any of the aforementioned documents varies from those that were submitted with the City's application for EDI funding. (ii) The City shall have sole responsibility for all aspects of the design, procurement and construction of the project. The County shall have no responsibility for the Project other than the funding set forth herein. (iii) This loan and grant funding shall be considered the last money in on the Project per the original application; in other words, when total Project expenditures exceed $21,415,000, then loan funds of up to $4,000,000 will be made available from the Whatcom County Public Utilities Improvement Fund. If the Project continues and expenditures exceed $25,415,000, then grant funds of up to $2,000,000 will be made available from the Whatcom County Public Utilities Improvement Fund. Should the Project total cost amount to less than $27,415,000, then that portion of EDI grant monies not used for the Project will remain in the Whatcom County Public Utilities Improvement Fund. Should the Project total cost exceed $27,416,000 then the City of Lynden will be responsible for the additional funding (iv) The City represents and warrants that it will proceed with construction in accordance with the scope of work that is included in the EDI application (Attachment C hereto). If the City should broaden or expand the scope of work as stated in the EDI application, thereby increasing the overall Project budget, the City will do so at its own expense. (v) The City represents and warrants that it will, for the duration of the Project period, require that all construction contractors associated with the Project 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 related to the Project. 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. The City agrees to maintain records of such compliance and, upon request of the County, to provide a copy of each such verification to the County. The City's Project construction contractors will review and enroll in the E-Verify program through this website: www.uscis.gov Interlocal Loan & Grant Agreement between Whatcom County and the City of Lynden Page 3 of 11 56 (vi) The City shall provide the County with a final report showing the actual cost of the project and the actual sources and uses of funding for the project. (vii) The City shall repay the loan in full. (viii) The City of Lynden will own and maintain the Project. B. WHATCOM COUNTY'S RESPONSIBILITIES: The County hereby agrees as follows: (i) AVAILABILITY OF FUNDING — This agreement, and the subject funding, is valid and enforceable subject to the continued availability of funding from the State of Washington, pursuant to RCW 82.14.370. Should the State of Washington discontinue the rural sales tax rebate program, the County will no longer be obligated to honor the terms of this agreement. (ii) COUNTY LOAN —The County shall loan up to Four Million Dollars and Zero Cents ($4,000,000.00) for the Project described herein (the "Loan"). This Loan shall be by County warrant drawn on the Public Utilities Improvement Fund and payable to the City, available upon written request after approval and execution of this agreement by the Whatcom County Council and the City, and pursuant to the terms contained in Section V. A.(iii) above. (iii) COUNTY GRANT —The County shall issue a grant to the City for up to Two Million Dollars and Zero Cents ($2,000,000.00) for the Project described herein. This grant shall be by County warrant drawn on the Public Utilities Improvement Fund and payable to the City upon approval of this agreement by the Whatcom County Council and the City, and pursuant to the terms contained in Section V. A.(iii) above. (iv) PAYOUT OF LOAN AND GRANT FUNDING —The County shall pay out the loan and grant funding to the City up to a maximum of Six Million Dollars and Zero Cents ($6,000,000.00) of the total project costs. This amount shall be paid in accordance with Attachment B, attached hereto. Disbursements of loan and grant funding shall be made contingent upon and subject to the continued commitment of the other project funding sources. (v) Unless the parties to this agreement mutually agree in writing to modify the consideration, this is all the County is obligated to pay towards this project. The City agrees to protect the County from, hold it harmless from, and indemnify it for, any charges that may be levied in excess of the agreed amount. C. REPAYMENT OF COUNTY LOAN —The City shall repay the Loan as follows: (i) The term of the Loan shall be twenty years, commencing from the date that the County disburses the Loan proceeds to the City. Interest shall accrue on the unpaid principal at a rate of 1% per annum. Interest shall begin accruing from the date of disbursement of loan funds. Interlocal Loan & Grant Agreement between Whatcom County and the City of Lynden Page 4 of I 1 57 (ii) The City will make the first loan payment to the County twelve months after the date of the loan disbursement; payments shall be annually thereafter on the anniversary date of the first loan payment in accordance with the attached amortization schedule (Attachment A). Loan payments must be submitted to the Whatcom County Executive Dept., Suite 108, 311 Grand Avenue, Lynden, WA 98225. (iii) Failure to make the payment in the required amount by the date it is due according to the amortization schedule hereto attached shall constitute an event of default by the City. In the event that the City fails timely to make a Loan payment hereunder, the County shall notify the City of the failure and the City shall have fourteen (14) days to cure its failure. At the option of the County, such an event of default and the City's failure to cure within the stated time period is a sufficient basis upon which the County may take action to collect the amount that is delinquent, and if the County takes action to collect pursuant to this provision, the City shall pay to the County not only the amount owing, but also any collection of reasonable costs incurred by the County. Furthermore, if the City fails to make a payment on the Loan within thirty (30) days of the date it is due, and if the County has provided the City with the notice provided for in this section, then the County may choose to declare the remaining balance of the loan due and owing. (iv) There is no prepayment penalty should the City desire to retire this debt early, either in whole or in part. VI RECORDS, REPORTS AND AUDITS The City agrees to maintain such records, make such reports and follow such procedures pertaining to this Agreement as may be reasonably required by the County and as are typically maintained and made by the City in the undertaking of a project of this nature. All City records pertaining to this Agreement and the Project work shall be retained by the City for a period of three (3) years after final audit unless a longer period is required to resolve audit findings or litigation. The County and other authorized representatives of the State government shall have access to any books, documents, papers, and records of the City which pertain to this Agreement or the Project work for the purpose of making audit, examination, excerpts, and transcriptions. VII RELATIONSHIP OF PARTIES AND AGENTS Neither the City nor the County shall have authority to execute contracts or to make commitments on behalf of the other, and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the County and the City. This agreement does not create, either implicitly or explicitly, any right, duty or obligation that is not expressly provided for herein. The City represents that it has or will secure at its own expense all personnel, contractors, and/or subcontractors required in order to perform the Project work. Such personnel shall not be employees of, or contractors with the County for purposes of the Interlocal Loan & Grant Agreement between Whatcom County and the City of Lynden Page 5 of 11 project described herein. All such personnel, contractors, and/or subcontractors shall be fully qualified (as determined by the City in its sole discretion) and authorized/permitted under State and/or local law to perform such services. Vill TERMINATION If the City fails to comply with the terms and conditions of this Agreement, the County may pursue such remedies as are legally available, including, but not limited to, the termination or closeout of this Agreement in the manner specified herein: A. TERMINATION FOR CAUSE— If the City fails to comply with the terms and conditions of this Agreement, the County will give notice to the City in writing of its failure to comply. The City will be given thirty (30) days from date of notice to comply with the terms of the Agreement or submit a plan acceptable to the County to bring the City into compliance with the Agreement within a time period reasonably acceptable to the County. Failure to comply with the terms and conditions of this Agreement by either party shall constitute an event of default. In the event of default by the City and a failure by the City to cure as provided for herein, the County may take such remedial actions under the law as are available to cure the default, including the imposition of the reasonable costs of collection. In the event of default by the County, the City may take such remedial actions under the law as are available to cure the default, including specific performance. B. TERMINATION FOR OTHER GROUNDS —This Agreement may be terminated in whole or in part by mutual consent and written agreement between the parties, duly authorized and executed, setting forth the conditions of termination, including effective date and, in case of termination in part, that Portion to be terminated. IX COMPLIANCE WITH LAWS The County and the City shall comply with all applicable laws, ordinances, and codes of the Federal, State and local governments with regard to the performance of this Agreement. X INTEREST OF MEMBERS OF THE COUNTY AND THE CITY No member of the governing body of either party and no other officer, employee, or agent of either party who exercises any functions or responsibilities in connection with the planning or carrying out of the Project shall have any personal financial interest, direct or indirect, in this Agreement. XI HOLD HARMLESS AND INDEMNITY To the extent permitted by law, the City shall indemnify and hold harmless the County, its officers, agents, and employees, from all liability, loss or damage, including costs of defense they may suffer as a result of claims, demands, actions costs, or judgments Interlocal Loan & Grant Agreement between Whatcom County and the City of Lynden Page 6 of 11 59 which result from the activities to be performed by the City, its agents, employees, or subcontractors pursuant to this Agreement. XII ASSIGNABILITY The City shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment or novation) without prior written consent of the County thereto, provided, however, that claims for money by the City from the County under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the County by the City. XIII NON -WAIVER The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. XIV CONTRACT MODIFICATIONS No modification or waiver of any clause or condition of this Agreement shall be binding upon either party unless such modification or waiver is in writing and duly authorized and executed by the County and the City. XV SEVERABILITY If any Portion of this Agreement is changed per mutual agreement or any Portion is held invalid, the remainder of this Agreement shall remain in full force and effect. XVI NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: TO CITY: Mark Sandal, Programs & Env. Coordinator City of Lynden 300 4" Street Lynden, WA 98264 TO COUNTY: Brad Bennett, Finance Manager c/o Whatcom County Executive's Office 311 Grand Avenue, Suite 108 Lynden, WA 98225 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand - delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. Interlocal Loan & Grant Agreement between Whatcom County and the City of Lynden Page 7 of 11 XVII INTEGRATION This Agreement contains all terms and conditions to which the County and the City agreed, and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. There are no other oral or written agreements between the City and County as to the subjects contained herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing, duly authorized and executed by both parties. XVIII GOVERNING LAW AND VENUE All questions of the validity, construction, and application of this Agreement shall be governed by the laws of the State of Washington. Venue for any suit between the parties arising out of this Agreement shall be the Superior Court of the State of Washington in and for Whatcom County, Washington. XIX RECORDING Upon execution of this agreement by the parties hereto, the County shall cause it to be recorded with the Whatcom County Auditor pursuant to the recording requirement contained within RCW 39.34.040. IN WITNESS WHEREOF, the County and the City have executed this Agreement as of the date and year last written below. ENTERED INTO this day of , 2012. CITY OF LYNDEN10 `j mac,,, tr-- �`�►�i,...� �o� P�, G Scott Korthuis, Mayor �� NOTARY w P PUBLIC 2 STATE OF WASHINGTON (1-t4-2016 O ) ss. COUNTY OF Whatcom ) Op vVl►S�'►�/ On this day of 201:Z, before me personally appeared _Scott Korthuis_, to me kno to be the _Mayor of the City of Lynden and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. [nterlocal Loan & Grant Agreement between Whatcom County and the City of Lynden , I&M(w 'A. . 94?�t� NOTARY PUBLIC in and for State of Washington, residing at a& My commission expires Page 8 of 11 61 WHATCOM COUNTY: Approved: Accepted for Whatcom County: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2012, before me personally appeared Jack Louws, to me known to be the County Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. Approved as to form: rosecuting A ney Date lnterlocal Loan & Grant Agreement between Whatcom County and the City of Lynden NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Page 9 of 11 62 Attachment A WHATCOM COUNTY EDI Loan City of Lynden Principal Interest Rate Term (20 years) $4,000,000 1.00% 20 # Year Beginning Balance Payment Interest Principal Ending Balance 1 2015 $4,000,000 ($221,661) 40,000 ($181,661) $3,818,339 2 2016 $3,818,339 ($221,661) 38,183 ($183,478) $3,634,860 3 2017 $3,634,860 ($221,661) 36,349 ($185,312) $3,449,548 4 2018 $3,449,548 ($221,661) 34,495 ($187,166) $3,262,382 5 2019 $3,262,382 ($221,661) 32,624 ($189,037) $3,073,345 6 2020 $3,073,345 ($221,661) 30,733 ($190,928) $2,882,416 7 2021 $2,882,416 ($221,661) 28,824 ($192,837) $2,689,579 8 2022 $2,689,579 ($221,661) 26,896 ($194,765) $2,494,814 9 2023 $2,494,814 ($221,661) 24,948 ($196,713) $2,298,101 10 2024 $2,298,101 ($221,661) 22,981 ($198,680) $2,099,420 11 2025 $2,099,420 ($221,661) 20,994 ($200,667) $1,898,753 12 2026 $1,898,753 ($221,661) 18,988 ($202,673) $1,696,080 13 2027 $1,696,080 ($221,661) 16,961 ($204,700) $1,491,380 14 2028 $1,491,380 ($221,661) 14,914 ($206,747) $1,284,632 15 2029 $1,284,632 ($221,661) 12,846 ($208,815) $1,075,817 16 2030 $1,075,817 ($221,661) 10,758 ($210,903) $864,914 17 2031 $864,914 ($221,661) 8,649 ($213,012) $651,902 18 2032 $651,902 ($221,661) 6,519 ($215,142) $436,759 19 2033 $436,759 ($221,661) 4,368 ($217,293) $219,466 20 2034 $219,466 ($221,661) 2,195 ($219,466) $0 Interlocal Loan & Grant Agreement between Whatcom County and the City of Lynden Page 10 of 11 63 Attachment B City of Lynden — Water Treatment Plant Project Grant and Loan Draw Down Schedule The $4,000,000.00 loan funding will be disbursed prior to any grant funding*, as follows: Following the disbursal of $21,415,000 of other sources of funding for this Project, the EDI loan funds will be made available for application to the project by warrant within 30 days of receipt of written request from Mark Sandal, Programs & Env. Coordinator for the City of Lynden, and sent to the Whatcom County Executive's office, 311 Grand Avenue, Suite 108, Bellingham, WA 98225. The request will draw on the amount of up to $4,000,000.00, and shall include a reference to the contract number assigned to this Interlocal Agreement. Repayment of the loan will begin twelve months from the disbursement date and follow the schedule noted in Attachment A. The $2,000,000 -grant funding will be disbursed as follows: The City of Lynden will send invoices for project expenses to Whatcom County Executive's Office, 311 Grand Avenue, Suite 108, Bellingham, WA 98225. Invoices will include copies of receipts. Funds will be made available by warrant within 30 days following receipt of invoice and are for reimbursement of project expenses only. *Note that grant funding will be made available in an amount up to a maximum of $2,000,000.00. It is hereby agreed that if the City is able to complete this project under the $27,415,000 budget and without utilizing the full grant amount, then the City will submit invoices for grant reimbursement for only that amount that is necessary to complete the Project. Interlocal Loan & Grant Agreement between Whatcom County and the City of Lynden Page 11 of 11 •A A1 " C" " TI Ct C A hi en `� Whatcom County Economic Development Investments Program Application for Funding Pete Kremen, Whatcom County Executive NOV 16 2011 PETE KREMEN !COUNTY EXECUTIVE Last Updated: 11/15/2011 65 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 • "fhe Bellingham Whatcom County Economic Development Council: www.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. Application for Funding Revised 6130111 Page Z natcom County EDI Program •• Summary - Application for Funding Applicant (Governmental Entity) Federal Tax Number Contact Name Title Telephone Fax Email Address Citv of Lvnden 91-6001257 Mark Sandal Programs & Env Coordinator (360) 354-3446 (360) 354-8951 sandal mCaD-lyndenwa.org 300 4th Street Lvnden, WA 98264 Project Title City of Lvnden, Water Treatment Plant Amount of EDI loan requested: Amount of EDI grant requested Source of Local Match: List other funding: Source Public Works Trust Fund Dept. of Health Drinking Water Loan City funds TOTAL public project costs: TOTAL private investment in plant/equipment Application for Funding Revised 6130111 4.000.000.00 $ 2,000,000.00 Date Date Amount Requested Approved of Funding 10/03/11 $ 9,200,000.00 12/2011 $ 6, 000, 000.00 $5,640,000.00 $26, 840, 000.00 $ 0.00 Page 3 Whatcom County EDI Program 67 A. Request For Funding Terms Al. Indicate the terms of the funding that you are requesting here. (Interest rate will follow the current State rate.) (a) Total number of years for repayment 20 years (b) Other specific terms: B. Project Description B1. Describe the entire public facility project, including the parts that you are not asking EDI to fund. The proposed project will replace the City's very old and undersized surface water treatment plant with a completely new 8 MGD treatment facility on property already acquired by the City. "rhe project includes all site preparation, design and construction work required to completed the new WTP. This Washington State Department of Health Risk Category 1 elimination project will easily meet all current design and water quality standards that apply to surface water removal of Cryptosporidium, giardia, E. Coli, fecal coliform and color, all of which are present in the City's Nooksack River source water. The new WTP will use conventional pretreatment with grit removal, chemical flash mixing and Flocculation, plate settlers, gravity filtration, ultra -violet (UV) light for primary disinfection, onsite chlorine generation for secondary distribution disinfection, mechanical solids dewatering and upgrades to telecommunications and process instrumentations and controls. The requested EDI funds will be utilized throughout the projects phases. B2. Will this project upgrade an existing public facility? (YIN) Build a new one? Yes (Y/N) Describe: The proposed project will replace the City's very old and undersized surface water treatment plant with a completely new 8 MGD treatment facility on property already acquired by the City. B3. Specifically, what element(s) of the public facility project will EDI funds pay for? The requested EDI funds will be utilized throughout the projects phases. 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. B5. Attach engineering estimates that support project costs. Identify if estimates are from preliminary engineering or design engineering work. Application for Funding Revised 6/30/11 Page 4 Whatcom County EDI Program •: 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 existing plant constructed in 1926 has serious code and structural related defects, lacks room for expansion and can not meet peak day demand; thereby forcing the City to rely on storage. If peak day demand occurs for 4 consecutive days the City will reach storage capacity and thus cannot supply water. The Department of Health could place a "Red Tag" on the City's operating permit. This "Tag" would essentially result in a moratorium on new services which would affect not only the water system fund but the existing businesses in Lynden and the surrounding service area that depend on water for their livelihood. A moratorium of this sort would basically arrest new development and create a housing shortage. 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 Status Federal Section 106 Wash. Dept of Health Pendin Pre -design report Wash Dept of Health Pend B7. Provide preliminary project schedule: Preliminary Engineering Report Environmental Review All Required Permits Obtained Design Engineering Land/Right-of-Way Acquisition Prepare Bid Documents Award Construction Contract Begin Construction Project Operational B8. Other jurisdictions. Anticipated Completion Date Estimated Completion Date (month/year) January 2012 February 2012 March 2012 February 2012 complete Ongoing (Currently 60%) Spring 2012 (Phase 1) Spring 2012 (Phase 1) 2014 (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: State Dept of Health: Approval of Eng. Report State Dept of Health: Drinking water loan State Public Works Board: Trust fund loan Application for Funding Revised 6130111 Page 5 Whatcom County EDI Program •• (b) Explain how completion of the project is coordinated between these entities. The engineering report is currently with the Department of Health for review. The City has met with both State Health and Public Works board to confirm funding and project reimbursement requirements. B9. Who will operate and maintain the public facility in this project? City of Lynden B10. Will this project impact utility rates and public services within the jurisdiction? Explain: Yes, to meet debt service requirements, water rates and facility hookup charges have already increased and are projected to continue to increase. The proposed new plant will allow the City to service projected growth. B11. Is this project consistent with your local comprehensive plan, capital facilities plans and/or county comprehensive economic development strategy? If yes, attach relevant portion of plan. If no, please explain. Yes, the proposed project is indentified in the City's approved Water System Plan. This Water System Plan outlines the system requirements to serve the population projected for Lynden in the City's Comprehensive Plan as well as Whatcom County's Comprehensive Plan. 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 (a) If yes, please describe: The City has already increased water rates and hookup charges for anticipated future debt service. Future increases have also been investigated. (b) 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. The City has already obtained a $9.2 million PWTF loan and $6 million DWSRF loan. The debt service associated with these loans and anticipated other loans for the project necessitates that the City look for grant funding assistance. C3. If the local jurisdiction is not financially contributing to the project, please explain why. The City has already fully funded property acquisition and pilot studies. Both the PWTF and DWSRF loans have local match requirements that the City must meet. Application for Funding Revised 6130111 Page 6 Whatcom County EDI Program 70 C4. Has the use of revenue or general obligation bonds, LID, ULIDS been explored for this public facility project? Yes No X . Explain the outcome and describe why these financing sources would or would not be applicable for this project. D. Private Sector Commitment Note: To show that a specific private investment is ready to occur, but will do so only if EDI assistance is made available, you must cornplete a Contingency Agreement with each private sector representative that will be investing. If a developer is involved, you must also obtain a signed Contingency Agreement between the developer and the proposed tenant. Complete this section and a Contingency Agreement for each private sector entity. D1 _ Private Sector Firm Name Contact Name Title Telephone Fax Email Address D2. Describe the proposed private development or expansion project that will be supported by the public facility project. See answer below. D3. Explain why the private development requires the proposed public infrastructure improvements described in this application. Without the construction of a new water treatment plant, very limited private investment will be able to occur within the City of Lynden. Recruitment of private enterprise for economic growth requires that there is a guaranteed provision of utility services that may not be available if this project is not funded. Application for Funding Revised 6130111 Page 7 Whatcom County EDI Program 71 D4. In the table below, list the number of projected jobs, by job type, to be retained and/or created as a direct result of the project. Express jobs as Full Time Equivalents (FTEs). 1 FTE = 40 hours per week. Do not include fringe benefits in wage data. Job Description Current Jobs Retained** In FTEs # Of Jobs Created Year 1 In FTEs) # Of Jobs Created by Year 3 In FTEs Current or Initial Hourly Wages Local Occupational Hourly Wages' M mt./Admin* TechnicaVProf Office/Clerical Production Sales Skilled Crafts Others Totals N/A N/A * Indicate Management positions in annual salary. " Retained jobs are defined as jobs that would otherwise be lost to the county. "* Contact Whatcom County Economic Development Council for information on this column. a. Projected annual gross payroll for all job classifications $ b. How many of these positions are for seasonal work? (In FTEs) c. What kind of fringe benefits does the company offer to regular full time employees? (i.e., health insurance, retirement plans, etc.) D5. Explain how these job projections were developed. Attach supporting information such as a business plan or year-end financial statements. (Financial statements may be unaudited). Note: The entire EDI application is considered a public record, however, financial and commercial information provided by the private business is exempt from disclosure to the extent permitted by 42.17 RCW. D6. Will the project provide expanded employment opportunities to disadvantaged or unemployed workers? How will the firm work to hire people from Whatcom County? D7. Outline construction schedule (if applicable) for the proposed private sector project. (month/year) Private Facility Construction Begins Private Facility Construction Completed Private Facility Operational Application for Funding Revised 6130111 Page 8 Whatcom County EDI Program 72 D8. List all permits required for the private sector project and give the current status (applied for, application being prepared, permit issued, etc.) Permit/ Environmental Review Issuer Anticipated Completion Status Date Note: All permits required to complete the project must be secured within six months of an EDI loan or grant approval. D9. What private authorizations are still needed before proceeding with the proposed private development project? D10. Explain how the private sector is financing their capital investment in this project. When will private sector financing be in place? Please list financial references that can verify financing sources and capacity for this project. Financial contact(s) phone# phone# Note: Be sure to include a contingency agreement (see sample) for each private sector. E. Project Feasibility Ell. Summarize the results of the feasibility analysis that supports your proposed public facility investments. The State Department of Health required Design Report is now under review by State Health. This report addresses project history, environmental considerations along with treatment processes and alternatives. E2. Identify industries that are targeted for recruitment with this project. The proposed project is estimated at $26 million and will employ local heavy industry companies for up to 3 to 4 years once the final funding package is put together and construction begins. Application for Funding Revised 6/30/11 Page 9 Whatcom County EDI Program 73 E3. Describe a market strategy that contains action elements with appropriate timelines. Who will be responsible for implementing the marketing strategy? Beyond the 3 to 4 years of construction project the proposed water treatment plant will allow the City to provide safe reliable water service for current residential, business and commercial users along with providing for required growth as identified in current comprehensive plans. E4. Describe the site's appropriateness by addressing (at a minimum): o Zoning: The site is zoned Public Use o Environmental restrictions The site is adjacent to the City's 6 million gallon reservoir, water treatment plant and City shop. It is anticipated that no environmental restrictions will be encountered. o Access to infrastructure ■ Water: The site is adjacent to the existing water plant and thus connection to the City's water distribution system is quite easy. ■ Sewer: Sanitary sewer will be extended approximately 300 feet in Riverview Road. ■ Road: The site will utilize an existing access off South 6th Street along with constructing approximately 500 feet of Riverview Road. ■ Rail: Not applicable • Electricity: Puget Sound Energy will service the site. o Distance to markets o Site's ability to support the anticipated development over time. 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. No other sites within the City limits meet the requirements of the selected site. 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? 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. The construction phase of the project will last 3 to 4 years. This work will be State and/or Federal Davis -Bacon wage jobs. By providing water to meet the City's growth requirements the number of jobs created is difficult to quantify in the current construction climate. A more important point is the jobs that will be saved with the completion of the new plant. As stated previously, "If peak day demand occurs for 4 consecutive days, the City will be reaching storage capacity and thus cannot supply water. The Department of Health could place a "Red Tag" on the City's operating permit. This."Tag" would essentially result in a service moratorium which would affect not only the water system fund but the existing businesses in Lynden and surrounding service area that depend on water for their livelihood. Application for Funding Revised 6130111 Page 10 Whatcom County EDI Program 74 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. Application for Funding — Certification I HEREBY CERTIFY THAT THE INFORMATION GIVEN IN THIS APPLICATION TO WHATCOM COUNTY FOR INVESTMENTS IN ECONOMIC DEVELOPMENT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Signature of Responsible Public Official: t`- VUL Date U I f Ulf Print or Type Name and Title: Application for Funding Revised 6130111 Page 11 Whatcom County EDI Program 75 SAMPLE CONTINEGENCY AGREEMENT 1. PARTIES. The parties to this Agreement are THE APPLICANT and THE PRIVATE BUSINESS. ATTENTION: If a developer is involved in the project, the tenant must also be a party to this agreement or there must be an additional agreement between the developer and the tenant. 2. PURPOSE. The purpose of this Agreement is to clarify the intentions of the parties regarding the completion of THE PUBLIC FACILITIES PROJECT. This section should also contain an explanation of the need for the public improvements. 3. BACKGROUND. The purpose of this section is to provide a description of the public improvements, which can be referenced, thereafter, as "required public improvements." 4. AGREEMENT. This section must contain the following: a) A statement that the applicant agrees to construct the required public improvements providing that EDI financing is approved. b) A statement by the business of the projected number of permanent, full-time jobs created and/or retained as a result of the public facilities project. (Attention: Job estimates identified here must equal those in Question D5.) c) A statement by the business of the estimated private capital investment. d) An agreement by the business to contact the local Worksource — Whatcom Career Center, or appropriate Community Based Organization for assistance in filling new positions. e) An agreement by the business to provide the applicant with employment and investment data as requested by EDI. f) If applicable, this section must also contain a list of any public and/or private contributions to the public facilities project, such as cash contribution or donated land. 5. CONTINGENCY. This Agreement is contingent upon receipt of EDI funds by THE APPLICANT and is intended to meet the first level of convincing evidence of private development as required by EDI. All parties must sign the Agreement. Application for Funding Revised 6130111 Page 12 Whatcom County EDI Program 76 C7 J. r S 9 77 to ��,� 1 C - t`�ti 1 1 x:"-C�"�f%FNa �r�<trLr 4 r�'�[•-s y S ,': s - ��i ��: ! � 'F..�-~t^' , i '• �' KID VAP MM 4 YF'• - t jL '-w�ny-ae ri s "s-s^'x ice,Jr'tt +? .t.� � L £SS v�C�f:. .0 S cc �. aTw i� �sj.,�.�r'K •tca'���4:x- T �,,_ - - ,.L •`a..� _'a� ti ' . i ' ,� � Yt .sc Z � -.-_ -.y "� _: ^'+`y 6 .t<i✓ J�F`'' 4 r -"Y' .r�"t 4 "Y.,ry `� •�� Af s l d LSs �,,,,,��Ar��."� v, - -'�., y-f PAR YS.`. - �;' i�_ 'y'-"�'�''-S' -`+� fin,.-� ��-,>�-".r����,�•-�.'� - �-_ "�'. {,s�,�"s.T "� •� '-'�� h, .. City of Lynden Nooksack River Water Plant Design Capacity: 8 MGD Opinion of Probable Costs - November 07, 2011 Item No. Description Unit Qty Material or Equipment Costs Labor & Overhead Total Costs Unit Price Total Price 1.0 General Requirements 8% of subtotal of Categories 2.0 -14.0 LS 1 $1,539,000 Subtotal - General Requirements $1,539,000 2.0 Sitework and Yard Piping: 2.1 Pre -Loading with wick drains LS 1 $400,000 $400,000 Included $400,000 2.2 Excavation offsite disposal and Backfill cu.yd 29,157 $12 $349,880 Included $292,493 2.3 Roadway and Sidewalks ft 25,728 $6 $154,365 Included $154,365 2.3 Fencing LS 1 $25,000 $25,000 Included $25,000 2.4 Landscaping Allowance LS 1 $25,000 $25,000 Included 1 $25,000 2.5 Dewatering Allowance LS 1 $250,000 $250,000 Included $250,000 2.6 Precast Flow Meter Vault LS 1 $10,000 $3.0,000 Included $10,000 2.7 Yard Piping LS 1 $580,000 $580,000 Included $580,000 Subtotal - Sitework and Yard Piping $1,737,000 3.0 Headwork I Grit Removal and Rapid mixing 3.1 Superstructure ft2 1,726 1 $140 $241,663 Included $241,663 3.2 Sub -structure Concrete cu.yd 258 $1,000 $257,652 Included $257,652 3.3 Water Proofing for Underground Tanks ft2 2,408 $7 $16,859 Included $16,859 3.4 Grit Removal System (Headcell, Teacup and Gritsnail) LS 1 $324,000 $324,000 $129,600 $453,600 3.5 Grit Pumps each 2 $15,000 $30,000 $12,000 $42,000 3.6 Rapid Mixer each 2 $15,900 $31,800 $17,720 $44,520 3.7 Influent Channel Stop Gate LS 3 $3,000 $9,000 $3,600 $12,600 3.8 Split Box Influent Slide Gate LS 1 $9,000 $9,000 $3,6001 $32,600 3.9 Rapid Mixing Effluent Sluice Gate LS 1 2 $8,000 $16,000 $6,400 $22,400 3.10 Piping and Valving LS 1 $30,000 $30,000 Included $30,000 3.11 Misc. Metals LS 1 $50,000 $50,000 Included $50,000 Subtotal - Headwork I Grit Removal and Rapid mixing $1,184,000 4.0 Flocculation Tanks: 4.1 Superstructure ft2 1,973 $140 $276,216 Included $276,216 4.2 Sub -structure Concrete cu.yd 1 431 $1,000 $431,183 Included $431,183 4.3 Water Proofing for Underground Tanks ft2 2,793 $7 $19,548 Included $19,548 4.41 Flocculator each 6 $13,900 $83,400 $33,360 $116,760 4.5 Floc Tank Influent Sluice Gate each 2 $8,000 $16,000 $6,400 $22,400 4.6 Floc Tank Effluent Sluice Gate each 2 $8,000 $16,000 $6,400 $22,400 4.7 Misc. Metals LS 1 $30,000 $30,000 Included $30,000 Subtotal - Flocculation Tanks $919,000 5.0 Sedimentation Basins with Lamella Plates 5.11 Superstructure fl2 2,524 $140 $353,340 Included $353,340 5.2 Sub -structure Concrete cu.yd 321 $1,000 $320,644 Included $320,644 5.3 Water Proofing for Underground Tanks ft2 3,089 $7 $21,622 Included $21,622 5.4 Lamella Plates each 2 $172,500 $345,000 $138,000 $483,000 5.5 Sludge Collector each 2 $41,000 $82,000 $32,800 $114,800 5.6 Bridge Crane each 1 1 $50,000 $50,000 $20,000 $70,000 5.7 Misc. Metals LS 1 $65,000 $65,000 Included $65,000 Subtotal -Sedimentation Basins with Lamella Plates $1,429,000 6.0 Filters 6.1 Superstructure ft2 3,697 $140 $516,170 Included $516,170 6.2 Sub -structure Concrete cu.yd 919 $1,000 $919,247 Included $919,247 6.3 Water Proofing for Underground Tanks ft2 4,556 $7 $31,889 Included $31,889 6.4 Downward Opening Weir Gate each 4 1 $9,000 $36,000 $14,400 $50,400 6.51 24 inch Butterfly Valves each 4 $5,000 $20,000 $8,000 $28,000 6.6 Filter Media LS 1 $148,000 $148,000 Included $148,000 6.7 Filter Underdrain System each 4 $62,000 $248,000 $99,200 $347,200 6.8 Filter Backwash Trough each 20 $3,200 $64,000 $25,600 $89,600 6.9 Misc. Metals LS 1 $60,000 $60,000 Included $60,000 Subtotal - Filters $2,191,000 7.0 Pipe GallerylUV SystemkNr Blowers 7.1 Sub -structure Concrete cu.yd 803 $1,000 $803,015 Included $803,015 7.2 Water Proofing for Underground Tanks ft2 5,104 $7 $35,725 Included $35,725 7.3 UV Reactors each 2 $238,000 $476,000 $100,000 $576,000 7.4 Filter -To -Waste Pumps each 2 $10,000 $20,000 $8,000 $28,000 7.5 Air Blowers each 1 2 1 $40,000 $80,000 $32,000 $112,000 Lynden Opinion of Probable Costs - Nov 07 2011(2).xlsx 78 City of Lynden Nooksack River Water Plant Design Capacity: 8 MGD Opinion of Probable Costs - November 07, 2011 Item No. Description Unit Qty Material or Equipment Costs Labor & Overhead Total Costs Unit Price Total Price 7.6 Ai r Compressor with Receiver for Service Air each 1 $5,000 $5,000 $2,000 $7,000 7.7 Air Piping and Valving LS 1 $50,000 $50,000 Included $50,000 7.8 Process Piping and Valves LS 1 $1,000,000 $1,000,000 Included $1,000,000 7.9 Monorail Crane each 2 $15,000 $30,000 $12,000 $42,000 7.10 Misc. Metals LS 1 $50,000 $50,000 Included $50,000 Subtotal - Pipe GallerylUV SysternWr Blowers $2,704,000 8.0 Clearwell and Water Pump Station 8.1 Sub -structure Concrete cu.yd 1,019 $1,000 $1,018,622 Included $1,018,622 8.2 Water Proofing for Underground Tanks ftz 14,100 $7 $98,700 Included $98,700 8.3 Finished Water Transfer Pumps (To 6-MG Tank) each 2 $43,600 $87,2001 $34,880 $122,080 8.4 Finished Water Transfer Pumps (To 3-MG Tank) each 2 $47,900 $95,800 $38,320 $134,120 8.5 Backwash pumps each 2 $62,800 $125,600 $50,240 $175,840 8.6 Sluice Gate each 2 $9,000 $18,000 $7,200 $25,200 8.7 Pump Station Piping and Valves LS 1 $200,000 $200,000 Included $200,000 8.8 Misc Metals LS 1 $75,000 $75,000 Included $75,000 Subtotal - Clearwell and Water Pump Station $1,850,000 9.0 Chemical Buildings 9.1 Superstructure fe 2,542 $140 $355,880 Included $355,880 9.2 Structure cu.yd 162 $1,000 $162,365 Included $162,365 9.3 FRP Grating and Handrails LS 1 $42,000 $42,000 Included $42,000 9.4 Alum Storage Tank each 1 $25,000 $25,000 $10,000 $35,000 9.5 Alum Metering Pumps each 2 $9,750 $17,500 $7,000 $24,500 9.6 PAC Day Tank each 1 $15,000 $15,000 $6,000 $21,000 9.7 PAC Metering Pumps each 2 $6,875 $13,750 $5,5001 $19,250 9.8 Coagulant Aid Metering Pump each 2 $6,875 $13,750 $5,5001 $19,250 9.9 Relocate Existing Filter Aid Polymer Feed System each 1 $3,000 $3,000 9.10 Filter Aid Polymer Metering Pumps each 2 $6,875 $13,750 $5,500 $19,250 9.11 UmeSilos LS 1 $350,000 $350,000 $50,000 $400,000 9.12 Hydrofiuosilicic Acid Metering Pumps each 2 1 $4,070 $8,140 $3,256 $11,396 9.13 Relocate Existing on -site NaOCI system and tank LS 1 $5,000 $5,000 9.14 New on -site NaOCL system LS 1 $60,000 $60,000 $24,000 $84,000 9.15 Hypochlorite Metering Pumps each 3 $8,750 $26,250 $10,5001 $36,750 9.16 Backwash Wastewater Polymer Metering Pumps each 2 $4,000 $8,000 $3,200 $11,200 9.17 Chemical Piping and Valves LS 1 $100,000 $100,000 Included $100,000 9.18 Monorail Cranes each 2 $60,000 $120,000 $48,000 $168,000 9.19 Eyewashs and Emergency Showers each 1 5 $2,000 $10,000 $4,0D0 $14,000 Subtotal -Chemical Buildings $1,532,000 10.0 Backwash Wastewater Recovery and Residuals Handling 10.1 Sub -structure Concrete cu.yd 881 1 $1,000 $880,946 Included $880,946 10.2 Water Proofing for Underground Tanks ft2 15,096 $7 $105,669 Included $105,669 10.3 Misc. Metals LS 1 $62,000 $62,000 Included $62,000 10.4 Submersible Horizontal Mixers each 2 $10,000 $20,000 $8,000 $Z8,000 10.5 Submersible BWW Pumps each 2 $15,000 $30,000 $12,000 $42,000 10.61 BWW Plate Settler/Thickener each 1 $165,000 $165,000 $66,000 $231,000 10.7 Gravity Thickener Rake each 1 $87,000 $87,000 $34,8001 $121,800 10.8 Submersible Sludge Pumps each 2 $15,000 $30,000 $12,000 $42,000 10.9 Piping and Valve LS 1 $150,000 $150,000 Included $150,000 Subtotal - Backwash Wastewater Recovery and Residuals Handling $1,664,000 11.0 Sludge Dewatering and Electrical Mechanical Room 11.11 Building ft2 2,244 $150 $336,600 Included $336,600 11.2 Dewatering System LS 1 $263,000 $263,000 $105,200 $368,200 11.3 Dewatering Polymer Makedown Systems LS 1 $45,000 $45,000 $18,000 $63,000 11.4 Conveyors LS 2 $20,000 $40,000 $16,0001 $56,000 11.5 Piping and Valve LS 1 $30,000 $30,000 Included $30,000 11.6 Misc. Metals LS 1 $40,000 $40,000 Included $40,000 Subtotal - Sludge Dewatering and Electrical Mechanical Room $894,000 12.0 Admin Building / Control Rm / Lab 12.1 Building ftz 4,375 $150 $656,250 Included $656,250 12.2 Lab Equipment Allowance LS 1 $30,000 $30,000 Included $30,000 Subtotal -Admin Building $687,000 13.0 Building Mechanical 13.11 HVAC LS 1 $503,300 $503,300 Included $503,300 Lynden Opinion of Probable Costs - Nov 07 2011(2).xlsx 79 City of Lynden Nooksack River Water Plant Design Capacity: 8 MGD Opinion of Probable Costs - November 07, 2011 Item No. Description Unit Qty Material or Equipment Costs Labor & Overhead Total Costs Unit Price Total Price 13.2 Plumbing LS 1 $35,700 $35,700 Included $35,700 Subtotal - Building Mechanical $539,000 14.0 Electrical, Instrumentation and Control 14.11 Electrical LS 1 $1,400,0001 $1,400,000 Included $1,400,000 14.21 Instrumentation and Control LS 1 $500,000 $500,000 Included $500,000 Sultotal -Electrical, Instrumentation and Control $1,900,000 Subtotal $20,769,000 Engineering(12%) $2,492,000 Contingencies (20%) $4,154,000 Total $27,415,000 Lynden Opinion of Probable Costs - Nov 07 2011(2).xlsx 80 z a J d z CW G w cr- cr- LU a Z w 0 Z } J } cr- a V) V) 0 O O O •- O O O O cp 609. 609. 00 0 C0 6r} 6r} C 0 0 e- fl_ 000 N O N CD W V- to C N e} 69 cp � 6g O O 0000 00 W) cl O O • ) cs to O �1 LLB N 6H 6g O O O O O N O O 609 N O O O O O cO O O cp O V- LO N O N 0) O M N 6g Oi� �}609' N 69 Eg 6 0 00 0 O O O O CM Ld O O O CD CD O cO to N L\j O O O L() OOOo cc �,o ooC� Coq � O LLj , r-- O O Lf) 0 pp 7 ti O O r- CO O M O M m CO N M'LO N N 64 Ef3 EH C l0 N � � N b9 6 M Md� a O 7 o N m^ Q c O O y N W C CD > C U- t o ci N d O C fn O as co y O Q 41 O W ;= a` C O E ++ ,c v CDC C W i CL m CD C °� c C CDC CD wCr LC s V V o 0 d ILU U U 0 co d y H c6 —i O U cO a s s es ss mcs S E 0^- 0^- W •C- v i /a CL /s 1 cu 1 1 W ` .L H F- F- N F- F- J d d Li 0 06 UIU NEW WATER TREATMENT PLANT CONSTRUCTION PROJECT The City of Lynden has an ongoing commitment to providing safe, reliable and high quality drinking water to our customers, now and in the future. To that end, the design of Lynden's new Water Treatment Plant by Stantec Consulting Corporation which began in November 2010 progressed to final design plans being submitted to the City in late 2012. City staff worked diligently to obtain funding for this very large, but vitally important project. Offsite Utilities and Preliminary Frontage Improvements (Phase 1) designed by Reichhardt and Ebe Engineering involving removal of peat soils, and installing utilities and a road base is currently under construction by Strernler Gravel. As the funding agreements are finalized the City expects to solicit construction bids for the plant February 2013 and to begin construction by summer 2013. 2010 Photo of South Side of the Existing Water Treatment Plant River Intake Pumps Project Purpose 1 1t.a ? Ll�`LiZK, R `ter LE 17cztil,1ITL1E l=LiUE d.i •��4t,. Vk3=1siJ.� Plaque on Existing Water Treatment Plant First Constructed in 1924 The new plant will replace an aged and outdated 1924 plant with a modern conventional treatment plant that will comply with existing and new regulatory requirements. It will have the capacity to serve quality drinking water for Lynden and its service area for many years to come. The City of Lynden draws water From the Nooksack River. This raw water is pumped to the City's existing Water Treatment Plant (WTP). Although the WTP has been modified over the years in attempts to meet treatment and production requirements, it has serious code and structural related defects and cannot meet peak day water demands, forcing the City to rely on storage. Extended peak demand would exhaust the storage capacity and the City would be unable to supply water, resulting in a service disruption that would affect all homes and businesses within service area. A July 22, 2011 letter from the State Department of Health stated ...."it is now imperative that the City obtain the funding and complete the new water treatment plant as soon as possible. The ongoing reliability of your water supply and health of your community depend on this project. " V Mix Flocculation Sedimentation Disinfection Schematic of the Treatment Process Water Water Storage Tanks Proiect Description The New WTP will be located just south of the old plant on property acquired by the City for this purpose in 2008. It will initially treat as much as 8 million gallons per day, and has been designed for expansion to 12 million gallons per day. The new 19,000 square foot structure will house heavy treatment equipment, filters, pumps and pipes, and the staff that will operate the plant. The new facility will meet the Federal Long Term Enhanced Surface Water Treatment Rules and the State Disinfectant and Disinfection Byproducts Rule and will provide safe and reliable water for the City's long term growth needs. Project Costs, Funding and Rates This construction project comes at an advantageous time for the City with low interest rates and record low construction costs. By the time the entire project is complete, including design, permitting, construction, construction management, plant start-up, and utilities/roadway frontage improvements the total cost could be $35M. The City has been successful in securing long term low interest funding and grants. These include several 20-year,'/2% and 1% interest loans from the Washington State Drinking Water State Revolving Fund and Public Works Trust Fund. Also, recognizing the importance of water infrastructure to regional economic vitality, Whatcom County has awarded the City a local Economic Development Investment loan and grant. Without these, there would have been greater rate increases. Instead, the City is projecting connection fee and water rate increases of about 7% per year until it reaches the capital debt service requirements of this major construction project. This is lower than earlier forecasts due to City efforts. Construction Schedule November 2012 Award Construction of WTP Offsite Utilities and Frontage Improvements January/February 2013 Advertise for WTP Construction Bids April/May 2013 Award Construction Contract for WTP June 2013 Construction of WTP Begins Summer 2015 Construction Completed and New Plant Operating! The next page shows what the new Water Treatment Plant is expected to look like when completed ... West Elevation of New Lynden Water Treatment Plant • r=fit;,: F^ } , : South Elevation of New "Lynden Water Works" Treatment Plant From: Suzanne Mildner To: Jack Louws CC: Arden Landry; Dana Brown -Davis Date: 1/10/2013 2:56 PM Subject: Lynden's EDI agreement Jack, I spoke with Bill Verwolf and he confirmed that Scott is out of town next week. He said it would be better for them if the Interlocal Agreement went to our Council on the 29th - not the 15th. I've spoken with Dana Brown -Davis and she will pull it from the Agenda, and add it back in for the 29th. Bill confirmed he and Scott plan to attend the Finance Committee meeting on the 29th. My apologies for messing up the dates on this one! Suzanne F�� Suzanne Mildner Administrative Secretary/Grants Coordinator Whatcom County Executive Department 311 Grand Avenue, Suite 108 Bellingham, WA 98225 (360) 676-6717 smildner@co.whatcom.wa.us WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-051 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: Cheryl A Ramond /D / 1/29/2013 Finance & Council Division Head: Steven N. Oliver, Treasurer 1 �G Dept Head:jb. Mark Bauthues, Deputy Treasurer �/ JAN 2 AL2013 Prosecutor Royce Buckingham / - I'� toQU NTY Purchasing/Budget: . COUNCIL Executive:�� AZ SUBJECT: 1.4 Treasurer's Annual List of Property Tax Refunds ATTACHMENTS: 1. Cover Letter 2. Resolution 3. List of Property Tax Refunds Related County Contract #: Should Clerk schedule a hearing: NO /X/ YES / / Requested Date: SUMMARY STATEMENT: Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. Pursuant to RCW 84.69.020 the Treasurer is required to ADS Facilities Management Present to the Council annually a list of Property Tax Refunds. ADS Finance ADS Human Resources No action is required however a motion to approve the list ADS Info Services Would be appropriate. Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail Juvenile Parks Planning COUNCIL ACTION TAKEN. • Prosecutor Public Works Sheriff Superior Court Treasurer CherylA Raymond Other Related File Numbers: Ordinance or Resolution Number (this item): AgendnBitt.doc 86 WHATCOM COUNTY TREASURER'S OFFICE COUNTY COURTHOUSE P.O. Box 5268 Bellingham, WA98227-5268 treasurer@co.Whatconn.wa.us MEMORANDUM TO: Jack Louws, Whatcom County Executive STEVEN N. OLIVER TREASURER MARK T. BAUTHUES CHIEF DEPUTY RECEi °JED JAN 16 20113 JACK LOU S COUNT' EXECUTIVE FROM: Steven N. Oliver, Whatcom County Treasurer Ac�_ DATE: January 14, 2013 RE: Resolution property tax refunds We are presenting this resolution, consistent with RCW 84.69.020 for the annual list of property tax refunds. No action is required; however, a formal motion to approve the list would be appropriate. Please consider this resolution at your January 29, 2013 council meeting. 87 Phone: (360) 676-6774 County: (360) 398-1310 TTY: (360) 738-4555 FAX: (360) 738-2477 1 2 3 4 5 6 7 SPONSORED BY: consent PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. A RESOLUTION ACCEPTING THE TREASURER'S LIST OF PETITIONS FOR PROPERTY TAX REFUNDS WHEREAS, RCW 84.69.020 requires that the County Treasurer present a list of all petitions for property tax refunds made during the previous year to the County Council, and; WHEREAS, a list of the Whatcom County Treasurer's 2012 Petitions For Property Tax Refund is attached to this resolution, and; WHEREAS, the Whatcom County Council has received and reviewed the Treasurer's list of property tax refunds consisting of the names of the persons receiving the refunds, the amounts of the refunds, and reasons for the refunds for the year 2012 in accordance with RCW 84.69.020. NOW, THEREFORE BE IT RESOLVED, that the Whatcom County Council accepts the 2012 petition for property tax refund list, hereto attached as "Exhibit A". APPROVED this day of , 2013. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Kathy Kershner, Council Chair APPROVED PAS TO FORM: Civi �P secutor D v w N m O Z T ;a \ m 2 5 / > f \ q G \ \ tD \ > \ \ \ \ O o O \ \ \ k k k \ \ / I c \ / / \ M q / Ln m < $ q x m k M 2 2 9 \ \ � k co � \ 7 k m 0 / 7 n / mo o / � / :Pb 90 9 Lri m / \ \ ) 2 \ / > m 3 > / 3 Q I , , _ � � m \ \ \ , \ m ƒ 17 7 7 \ ? CO \ mn \ > w w 0 > \ \ \ n M \ f \ f f \ \ \ o \ m� f>\ m m m g O O\ o x O 2 m \ / / / m-n�_ m / k / m k m 2 7 / > ®» n— o n m o m� / 3 q 2 M. 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N 00 O U9 O to l0 V N V O V O O V4�b W N 0 0 0 U9 V F- N V al F' N O N 00 V 0) 00 O N 0) rt QlF QlF F' An- An- An- -L } i/: i/h -L F to i!F : : An- W in• i/: -LA ih in• AA- F' V An. F' jP jP ZO. 4vF O 00 l0 00 l0 M to M W N V N W V/ V/ l0 4�1 V/ 4�1 00 4�1 W 00 Ln al 00 00 A O in• W Ln rt C'1 V W l0 N O F' 4�b F' O N W O 0 W V W V F' O M W M M N M F' O W V N M 0 t0 lD F' O F' 0 W � O 0 M � M F' F' Ln M O� F' W N C O F' W F' 0 N lD � N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lD F' V � F' lD F' O Cn Cl OO O 0 OO lD M 01 � N OO F' N 01 N lD W O A N W lD 01 O V U'I W 0 N 04�b N Al F -+ W V W W W4�b W W F, F, M O lD N W O V M V O 00 105 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-052 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Fin/Council Originator: Twx 12i26i12 n E C E� V E D lTl] LC, 1 / 2 9 / 2013 Division Head: JAN 212013 WHATCOM COUNTY COUNCIL Dept. Head: Prosecutor: Purchasing/Budget: `/ 3 Executive: TITLE OF DOC . Mt. aker Chamber of Commerce — Operations ATTACHMENTS: 1. Memo 2. Contract 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.) Whatcom County will provide support to Mt. Baker Foothills Chamber of Commerce for expenses incurred in the promotion of the operation of their Visitor Information Center and their mission to promote tourism and overnight stays in Whatcom County. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 106 WHATCOM COUNTY GD M CO Executive Office P`.a 311 Grand Avenue Bellingham, WA 98225 0 9sH� N6� MEMORANDUM TO: Jack Louws, County Executive FROM: Tawni Helms RE: Mount Baker Foothills Chamber of Commerce DATE: December 26, 2013 Jack Louws County Executive DEC 3 1 2012 JACK LOUWS COUNTY EXECUTIVE Enclosed are two (2) originals of a contract for services agreement between Whatcom County and Mt. Baker Foothills Chamber of Commerce for your review and signature. ■ Background and Purpose As allowed in RCW 67.28, Whatcom County will provide funding to the Mount Baker Foothills Chamber of Commerce for staffing, rent and utilities, advertising and tourism promotion of the Mount Baker corridor. ■ Funding Amount and Source Funding for this contract comes from Convention Center Funds and was recommended for approval by the Lodging Tax Advisory Committee at their November 2, 2012 meeting. This amount was subsequently approved through the biennium budget process. Please contact Tawni Helms at extension 50124, if you have any questions or concerns regarding the terms of this agreement, Encl. 107 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Executive Office Contract Administrator: Tawni Helms Contractor's / Agency Name: Mount Baker Foothills Chamber Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No X If yes, previous number(s): Is this a grant agreement? Yes _ No X_ If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes _ No X\ If yes, RFP and Bid number(s) Cost Center: 14100.6610.907 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 $ 78,505. memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10,000, whichever is greater, must also go to Council and will need an $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. $ Scope of Services: Mount Baker Chamber provides tourism promotion and visitor information to thousands of clients each year. Funds are used to support the Mount Baker Foothills Chamber in their daily operations of the Visitors Center. Term of Contract: One year Expiration Date: December 31, 2013 Contract Routing Steps & Signof - [sign or initial] [indicate date transmitted] 1. Prepared by: TWH Date 12/26/12 [electronic] 2. Attorney reviewed: Date [electronic] 3. AS Finance reviewed: Date [electronic] 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff: Date 7. Contractor signed: Date 8. Submitted to Exec Office Date i P, 3i [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original Returned to dept; Date 13. County Original to Council Date Whatcom County Contract No. COUNTY ORI NAL 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 13 , 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 13 . 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 $ 78,505. 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 Carole MacDonald, President STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this _ day of , 20 before me personally appeared Carole MacDonald 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 1.0 109 WHATCOM COUNTY: Recommended for Approval: Department Director Date Approved as to form: Prosecuting \rnIh 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 (Type in Name of Contractor/Firm) Carole MacDonald, President (Type in Name & Title of Signatory Authorized by Firm Bylaws, if applicable) Address: P.O. Box 866 Maple Falls, WA 98266 Billing Address: Same Contact Name: Carole MacDonald Contact Phone: 360-599-1776 Contact FAX: 360-599-3000 Contact Email: tiamb a()earthilink.net Contract for Services Agreement [Insert more specific appellation] Page 2 v 1.0 110 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 v 1.0 111 The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and ,all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/shefit maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, 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 1.0 112 a. 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 Noncompetitiom 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 [Insert more specific appellation] Page 5 v 1.0 113 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 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. 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 1.0 114 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 miles 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 [Insert more specific appellation] Page 7 v 1.0 115 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 $55,939. Administration: supplies, copies, rent, janitor, IT, phone, taxes, etc. $18,566. Marketing/Promotion: 4,000. $78,505. Maximum consideration for this contract shall be $78,505. Contract for Services Agreement [Insert more specific appellation] Page 8 v 1.0 116 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-053 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Fin/Council Originator: T" 12/26/12 10 W E C E � V E D JAN 2A 2013 ti HATCOM COUNTY COUNCIL 1/29/2013 Division Head: Dept. Head: Prosecutor: RAW Y-)3 bb 1/18/13 Purchasing/Budget: A k A 1 t `� Executive: 1/ V TITLE OF DOCU t. Vaker Chamber of Commerce — Baker Birch Bay Promotion ATTACHMENTS: 1. Memo 2. Contract 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.) Whatcom County will provide support to Mt. Baker Foothills Chamber of Commerce for expenses incurred in the promotion of the Baker — Birch Bay tourism promotion project. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 117 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. c2o1.3oio/-7 Originating Department: Executive Office Contract Administrator: Tawni Helms Contractor's / Agency Name: Mount Baker Foothills Chamber Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No X If yes, previous number(s): Is this a grant agreement? Yes _ No _X_ If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes _ No _X\ If yes, RFP and Bid number(s) Cost Center: 14100.6610.907 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 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 $ 123,500. memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10,000, whichever is greater, must also go to Council and will need an $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. Scope of Services: Mount Baker Chamber provides tourism promotion and visitor information to thousands of clients each year. In collaboration with Birch Bay a central website highlights tourism activities, services and businesses in the Mt. Baker corridor and Birch Bay areas. Funds are used to support advertisement, marketing, website hosting and promotional costs. Term of Contract: One year Expiration Date: December 31, 2013 Contract Routing Steps & Si ng off. [sign or initial.] [indicate date transmitted] 1. Prepared by: TWH Date_12/26/12_ [electronic] 2. Attorney reviewed: Date [electronic] 3. AS Finance reviewed:_bbennett Date_1/18/13 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff: (Zkn� Date 7. Contractor signed: Date 8. Submitted to Exec Office Date / / 1k/13 [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original Returned to dept; Date 13. County Original to Council Date 118 WHATCOM COUNTY om CO Executive Office 311 Grand Avenue Bellingham, WA 98225 4`SNIN�+� MEMORANDUM TO: Jack Louws, County Executive FROM: Tawni Helms RE: Mount Baker Foothills Chamber of Commerce DATE: December 26, 2013 Jack Louws County Executive Enclosed are two (2) originals of a contract for services agreement between Whatcom County and Mt. Baker Foothills Chamber of Commerce for your review and signature. ■ Background and Purpose As allowed in RCW 67.28, Whatcom County will provide funding to the Mount Baker Foothills Chamber of Commerce for the expansion of their tourism campaigned launched in 2012; titled "sandcastles to snowballs and everything in between". More information can be found at: bakerbirchbay.com Expansion of the 2012 campaign will include more unincorporated areas of the County, Lummi Island and Point Roberts are both included in the 2013 promotion that includes on -air advertisement, website hosting, and print media. An annual report will be furnished by the Mt. Baker Foothills Chamber that includes the results of the promotion. ■ Funding Amount and Source Funding for this contract comes from Convention Center Funds and was recommended for approval by the Lodging Tax Advisory Committee at their November 2, 2012 meeting. This amount was subsequently approved through the biennium budget process. Please contact Tawni Helms at extension 50124, if you have any questions or concerns regarding the terms of this agreement, Encl. 119 Whatcom County Contract No. ORIGINAL az. ol3 0 / n 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 7 Exhibit A (Scope of Work), pg. 8, Exhibit B (Compensation), pp. 9, Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1 st day of January 20 13 , 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 13 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 $ 123,500. . 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 Carole MacDonald, President STATE OF WASHINGTON ) ss. COUNTY OF On this _ day of , 20 _, before me personally appeared Carole MacDonald 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 [Mount Baker Foothills Chamber — VC Operations] Page 1 v 1.0 120 WHATCOM COUNTY: Recommended for Approval: Department Director Date Approved as to form: Ts.-�L � I N- � -\ Ibs-' / 4 rosecuting Attorney Da e klI2 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 (Type in Name of Contractor/Firm) Carole MacDonald, President (Type in Name & Title of Signatory Authorized by Firm Bylaws, if applicable) Address: P.O. Box 866 Maple Falls, WA 98266 Billing Address: Same Contact Name: Carole MacDonald Contact Phone: 360-599-1776 Contact FAX: 360-599-3000 Contact Email: tiamb(a)earthilink.net Contract for Services Agreement [Mount Baker Foothills Chamber - VC Operations] Page 2 v 1.0 121 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 [Mount Baker Foothills Chamber — VC Operations] Page 3 v 1.0 122 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. 'rhe 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 [Mount Baker Foothills Chamber— VC Operations] Page 4 v 1.0 123 a. 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 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: 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 Contract for Services Agreement [Mount Baker Foothills Chamber — VC Operations] Page 5 v 1.0 124 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 cancellation/termination 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 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: 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 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. Contract for Services Agreement [Mount Baker Foothills Chamber — VC Operations] Page 6 v 1.0 125 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 [Mount Baker Foothills Chamber — VC Operations] Page 7 v 1.0 126 EXHIBIT "A" (SCOPE OF WORK) Mount Baker Chamber provides tourism promotion and visitor information to thousands of clients each year. In 2012, a promotional team comprised of members representing diverse sections of Unincorporated Whatcom County was formed to develop a marketing and business plan. A marketing plan was implemented to highlight the Mt. Baker Corridor and Birch Bay areas of the County. 2013 is the second year of the promotional campaign and will focus on expanding marketing and promotion efforts to include other areas of unincorporated Whatcom County, such as Lummi Island and Point Roberts. The marketing and promotional strategies are designed to increase tourism in unincorporated county during the off season as well as throughout the year. Results in increased tourism are measured through narrative and data driven reporting produced by the Contractor and associated businesses. This report is provided to the Executive and County Council on an annual basis. 2013 Marketing strategies will include: Hosting a central website that highlights tourism activities, services and businesses in Unincorporated Whatcom County including the Mt. Baker corridor, Birch Bay, Lummi Island and Point Roberts areas. On- Air Advertisements through Comcast Print Media Consultant Services 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 miles 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 [Mount Baker Foothills Chamber — VC Operations] Page 8 v 1.0 127 EXHIBIT "B" (COMPENSATION) The Contract Number, set forth above, shall be included on all billings. Whatcom County will provide support to Mt. Baker Foothills Chamber of Commerce for expenses incurred for the Baker Birch Bay marketing promotion efforts. Invoices shall be sent to the Whatcom County Executive's Office. 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. Mileage will be reimbursed using current federal guidelines. Allowable expenses include: Personnel and Salaried Benefits: $14,500. Travel: $ 500. Office Supplies: $ 500. Marketing/Promotions: $87,800. Professional Services: $20,200. Maximum consideration for this contract shall be $123,500. Contract for Services Agreement [Mount Baker Foothills Chamber — VC Operations] Page 9 v 1.0 128 Eti b I fi C Baker Birch Bay Tourism Promotion Mt Baker Coast Tourism Promotion A business plan created and presented by: 144 The Mt Baker Foothills Chamber of Commerce February, 2012 Rebecca Boonstra Visitors Center Coordinator Mt Baker Foothills Chamber of Commerce 7509 Mt Baker Hwy PO Box 866 Maple Falls WA 98266 T: 360.599.1518 F: 360.599.2004 info@mtbakerchamber.org mtbakerchamber.org BakerBirchBay.com Amended: 11/15/2012 1/11/2013 CONFIDENTIAL No offering is made or intended by this document. Any offering of interests in The Baker Birch Bay Tourism Promotion will be made only in compliance with Federal and State securities laws. This document includes confidential and proprietary information of and regarding the Baker Birch Bay Tourism Promotion. This document is provided for informational purposes only. You may not use this document except for informational purposes, and you may not reproduce this document in whole or in part, or divulge any of its contents without the prior written consent of Mt Baker Foothills Chamber of Commerce. By accepting this document, you agree to be bound by these restrictions and limitations. Page 1 of 5 129 I. Project Summary The Baker Birch Bay Tourism Promotion was formed following discussions with the Whatcom County Lodging Tax Advisory Committee to provide lodging tax funds, financial support for tourism marketing, to the unincorporated areas of Mt. Baker Corridor and Birch Bay areas of Whatcom County. Using the lodging tax funds that have been designated in Whatcom County Contract No.: 201111054, the Mt Baker Foothills Chamber of Commerce will administer a marketing campaign to help increase tourism in the Mt. Baker and Birch Bay areas in the off seasons. The intent of these marketing campaigns is to support the economic viability of the tourism driven businesses in these areas and to help maintain jobs in the Mt. Baker Highway and Birch Bay areas while also increasing the lodging tax revenue back to the fund during off peak seasons. II. Mt Baker Foothills Chamber of Commerce Overview The Mt Baker Foothills Chamber of Commerce is located in Maple Falls, WA situated at the cross roads of Silver Lake Rd and the Mt Baker Scenic Byway. The mission of the Mt Baker Foothills Chamber of Commerce is to provide its members with a resource network for business and community development. We also strive to maintain a sense of unity while being advocates for improvements that enhance the viability of our businesses and the quality of life. Since 2001 the Foothills Chamber has worked cooperatively with Whatcom County to increase tourism by providing resources and guidance to visitors along SR 542. Baker Birch Bay Tourism Promotion Committee The Mt. Baker Foothills Chamber of Commerce PRESIDENT will appoint and oversee the Baker Birch Bay Tourism Promotion Committee and have input into the Baker Birch Bay Tourism Promotion marketing projects. The committee will be comprised of members of both the Mt. Baker 542 corridor and the Birch Bay area who are knowledgeable in tourism matters of their respective communities and are directly involved in the tourism interests of these two unincorporated areas. The Baker Birch Bay Tourism Promotion projects will not be exclusively limited to featuring members of the Mt Baker Foothills Chamber or Birch Bay Chamber of Commerce, but will also feature other appropriate tourism based businesses and services in these areas as deemed appropriate by the committee. III. Market Need Market Need The off seasons of early spring and fall offer the greatest potential for tourism growth therefore marketing efforts will be focused on spring and fall seasons. These off season times are also the times when additional visitations are critical to helping maintain enough business to support existing tourism jobs and bridge these jobs until the time when regular season business arrives. Page 2 of 5 130 Other Needs It has also been brought to our attention that a major source for Lodging Tax funds for the unincorporated areas of Whatcom County is the Hampton Inn near the airport. The Hampton Inn is currently part of unincorporated Whatcom County and is the major contributor to the Lodging Tax fund for the unincorporated areas. As the city of Bellingham grows and lands nearby are annexed, there is a strong possibility that the Hampton Inn will leave the unincorporated area of Whatcom County and become part of the city of Bellingham. The loss of this major contributor will be a detriment to the projects funded in the unincorporated areas of the county. The tourism market of unincorporated Whatcom County will need to increase its efforts in order to maintain a Lodging Tax fund which will have be able to effectively help support the economic success of businesses in the Mt. Baker and Birch Bay areas. Launching efforts to increase off season tourism will also help serve to support the Lodging Tax fund for the future. IV. Customer Analysis Through a survey conducted along the Mt. Baker Highway 542 corridor and at the ski area in 2011, and based on interactions with visitors from these markets we have determined Spring Break weeks and the months of September and October offer the most potential for growth and focused marketing efforts. Most of the visitors looking for information about Mt Baker or Birch Bay use the internet. The marketing campaign is currently designed to use print and mass transit to drive tourism customers to a website that will be created and maintained to provide information about activities and resources available in the Mt. Baker and Birch Bay areas of the county. While the ski season is open, spring off season will focus on the Mt. Baker corridor with a possible early summer campaign for Birch Bay. The fall off season will focus on Birch Bay and Artist Point attractions. A long term goal will be to create a central online booking system that could be used by anyone worldwide. A short term goal will be to provide comprehensive information about the Mt. Baker and Birch Bay areas and highlight the activities, businesses and services available for visitors. V. Marketing Plan Three year overview: 2012 During the 2012 campaign the focus was on putting systems in to place, creating our marketing message, building sustainable infrastructure and testing marketing resources to determine the strength of responses. Bakerbirchbay.com was built as a strong visual marketing tool that could be used as hub to sustain the project. 2013 The 2013 campaign will be focused on expanding our marketing efforts and creating a consistent marketing program that will allow us to continue the project beyond the terms of our contract. Based on the success and knowledge gained in the first year we will put forth a powerful and consistent marketing campaign which will build our fan base and increase awareness of Birch Bay and the Mt Baker Corridor. Types of advertising may include on air ads, online promotions and some print advertising. Other types of promotion may include event sponsorships and the use of tangibles to track success of print and online advertising. The 2013 campaign will also expand to serve the Point Roberts and Lummi Island regions. -these unincorporated areas of Whatcom County will benefit from being included in our website, on air and Page 3 of 5 131 online advertising and in print advertising where appropriate. In order to send a clear message to our fan base the project will be re -named the Mt Baker Coast Tourism Promotion and some slight rebranding will be necessary. We have strong support from the owner of the Willows Inn on Lummi Island and look forward to reaching out to the businesses located in Point Roberts. 2014 The 2014 campaign will focus on completion of development of self-sustaining marketing income and processes to carry the program forward. Marketing will continue to remind people to plan a stay with us. Target Market: • "Stay-cationers" located within one day's drive in areas such as: o Western Washington o Lower Mainland, BC o Some Statewide markets General Promotions Plan The current marketing plan is centered on the promotion of a central website bakerbirchbay.com, which highlights the tourism activities, services and businesses in Mt. Baker and Birch Bay areas as well as any special offers and information featured in marketing campaigns. We intend to use the website as a link to many of our partners in the tourism industry including all county Chambers of Commerce and Tourism Bureaus. Types of Advertising • Mass transit advertising • Newspapers and publications • Online ads • TV ads • Coupon book • Other print collateral Year One Budget: Personnel and Salaried benefits: $14,500 Travel: $500 Office Supplies: $500 Marketing/ Promotions: $124,000 Professional Services: $13,500 Year Two Budget: Personnel and Salaried benefits: $14,500.00 Travel: $500 Office Supplies: $500.00 Marketing/Promotions: $87,800.00 Professional Services: $20,200.00 Year Three Budget: TBD Page 4 of 5 132 A. Operations Plan Key Operational Processes Will include: Mt. Baker Foothills Chamber of Commerce: Administrative agency for the marketing campaigns associated with Whatcom County Contract No.: 201111054 The Baker Birch Bay Tourism Promotion Committee: Will facilitate input and consultation regarding Baker Birch Bay Marketing Tourism Promotion projects. Mt. Baker Ski Area: production of ads for spring 2012 campaign Project Team: Carole MacDonald, Louise Mugar, Kathy Berg, Gwyn Howat, Rebecca Boonstra, John Gibb, Dave Hiller, lain Buchanan Professional support provided by: Jodi Sipes, Account Executive, Comcast Spotlight Bill Gorman, Bellingham, Local Sales Manager, Comcast Spotlight Chris Donaldson, Bellingham, Producer, Hand Crank Films Desirae Hill, Bellingham, Marketing Strategist, Muse Design Studio Isaac Colgan, Lummi Island, Creative Director, losac Services Kelly Nowicki, Lummi Island, Web Developer, losac Services Hilary Vanderlind, Maple Falls, Graphic Design, Baker Made Peter James, Bellingham, Photographer Ruth Lauman, Birch Bay, Photographer Dennis Brounstein, Bellingham, Sales Executive, Adventures NW Magazine Page 5 of 5 133 E-Verify Declaration ATTACHMENT "D" Firm Name: Proposal/Bid/Invitation/Solicitation No. 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. I 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: SIGNATURE: PRINTED NAME: 134 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-054 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 12.-&i -1 Eric L. Schlehuber ) D 01/29/2013 Finance / Council Division Head: � � ♦ Eric L. Schlehuber J A N 2 hilq 2013 Dept. Head: Frar►kM.Abaft , �� � Prosecutor: Daniel L. Gibson INHATCOM COUNTY + I f ^' C O U N C I L COUNCIL Purchasing/Budget: ``� Brad Bennett V' kb 12172112 Executive: Jack Louws �' �� • 1 TITLE OF DOCL T: Contract for On -Call Support for the Lummi Island Ferry System (Elliott Bay Design Group, LLC) ATTACHMENTS: Memo and 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.) Approval and authorization for the County Executive to enter into a contract for on -call support for the Lummi Island Ferry System with Elliott Bay Design Group, LLC, in the amount of $30,000.00 for the purposes of providing engineering services for the annual dry dock of the Whatcom Chief Ferry along with other on -call services as needed for the Lummi Island Ferry System. Contract term will be from January 30, 2013 through December 31, 2013. 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. 135 WHATCOM COUNTY EQUIPMENT SERVICES DIVISION PUBLIC WORKS DEPARTMENT 901 W. Smith Road FRANK M. ABART :- Bellingham, WA 98226-9610 Director Phone (360) 676-6759 r Fax (360) 380-8115 Eric L. Schlehuber, Division Manager MEMORANDUM RECEI is N E V L) TO: The Honorable Jack Louws, County Executive and The Honorable Members of the Whatcom County Council JAN 17 2013 THROUGH: Frank M_ Abart, PW Directo ///1/ ,__1_j_-3 JACK LOUVVS FROM: Eric L. Schlehuber, PW Equipment Services Manager OU XECUTWE RE: On -Call Support for the Lummi Island Ferry System Professional Services Contract (Elliott Bay Design Group, LLC) DATE: December 28, 2012 ■ Requested Action Enclosed are two (2) contract originals between Whatcom County Public Works and Elliott Bay Design Group, LLC (EBDG) in the amount of $30,000.00 for your review and signature. ■ Background and Purpose This agreement is intended to secure the services of Elliott Bay Design Group, LLC for the purposes of providing engineering services for the annual dry dock for the Whatcom Chief Ferry along with the other on -call services as needed for the Lummi Island Ferry System during the year. ■ Funding Amount and Source The funding source has been allocated in the 2013-2014 Budget process. ■ New Contract This is a new contract requiring both County Executive's and Whatcom County Council approval. ■ Recommended Action Please approve this contract and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns regarding the terms of this agreement. Enclosures 136 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a013orOf�t Originating Department: Public Works / Equipment Services Division Contract Administrator: Eric L. Schlehuber, Equipment Services Manager Contractor's / Agency Name: I Elliott Bay Design Group, LLC Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes No If yes, previous number(s): Is this a grant agreement? Yes No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes X No If yes, RFP and Bid number(s) 12-01 Cost Center: 501100 Is this contract excluded from E-Verify? No Yes X If no, include Attachment D Contractor Declaration Form. If yes, indicate qualified exclusions(s) below: Contract Less than $100,000 X Professional services agreement for certified/license 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 $ 30,000.00 memo. Any amendment that provides either a 10% increase in amount or more than $10,000, whichever is greater, must also go to Council and will need an This Amendment Amount: $ agenda bill and supporting memo. If less than these thresholds, just submit to Executive with supporting memo for approval. Total Amended Amount: $ 30,000.00 Scope of Services: Provide engineering services for the annual dry dock of the Whatcom Chief Ferry along with other on -call services as needed for the Lummi Island Ferry System. Term of Contract: 1 year w/l year extensions; Expiration Date: December 31, 2013 this contract is for year one Contract Routiniz Steps & Sianoff: (sign or initial] (indicate date transmitted;] 1. Prepared by Deb Douglas Date 11/19/12 [electronic] 2. Attorney reviewed Daniel L. Gibson Date 11130112 [electronic] 3. AS -Finance reviewed bbennett Date 12/12/12 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made Deb Douglas, . Date 12/06/12 [electronic] hard copy printed 6. Attorney signoff Daniel L. Gibson Date 11130112 7. Contractor signed i1 4 Date 12/26/12 8. Submitted to Exec Office ✓ Date--L- 12 - /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 this form may need to expand to more than one page 137 CONTRACT FOR SERVICES FOR ON -CALL SUPPORT FOR LUMMI ISLAND FERRY SYSTEM BETWEEN WHATCOM COUNTY AND ELLIOTT BAY DESIGN GROUP, LLC Whatcom County Contract No. ao13o101`ll' Elliott Bay Design Group, LLC, 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, Exhibit "B" (Compensation), pp. 10, Exhibit "C" (Certificate of Insurance), pp. 11 to 14, Exhibit "D" (Title VI Assurances), pp. 15, Exhibit "E" (Contractor Declaration), pp.16. 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 30m day of January 2013, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31s' day of December 2013. The term shall be as stated regardless of the date of signature. The general purpose or objective of this Agreement is to provide engineering services for the annual dry dock of the Whatcom Chief Ferry along with other on -call services as needed for the Lummi Island System, 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 $30,000.00 USD. 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 January, 2013. CONTRACTOR: ELLIOTT BAY DEIGN GROUP, LLC Joseph V�rP WnOresident STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this 14?b day of December, 2012, before me personally appeared Joseph V. Pritting, to me known to be the President of Elliott Bay Design Group, LLC, who executed the above instrument and whp acknowledged to me the act of signing and sealing thereof. r,C NOTARy�1 :1 26 201. • ' ,(3 F �'/1, 10F WAS1�G \\ NOTARY PUBLIC in 6Kd for the State of Washington, residing at . 59,&,WA�` . My commission expires 9 — " — /.- Contract for Services On -Call Support for Lummi Island Ferry System Elliott Bay Design Group, LLC Page 1 138 WHATCOM COUNTY: Recommended for Ar Z7 M. Abart, Department Director Date Approv47,11tt d as toform: 4At'7r oi%1b�3 Daniel L. Gibson, Assistant Chief Civil Deputy Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive Date STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of January, 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: Elliott Bay Design Group, LLC Joseph V. Pritting, President Address: 5305 Shilshole Avenue NW, Suite 100 Seattle, WA 98107 Mailing Address: 5305 Shilshole Avenue NW, Suite 100 Seattle, WA 98107 Contact Name: Joseph V. Pritting, President Contact Phone: (206) 782-3082 Contact FAX: (206) 782-3449 Contact Email: Contract for Services Elliott Bay Design Group, LLC On -Call Support for Lummi Island Ferry System 139 Page 2 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services to be Provided 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Tenn and Termination 10.1 Term: Services and materials provided by Contractor prior to or after the term of this contract shall be provided 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 thirty days prior to expiration, for a period of up to one year at a time for one additional one-year term, and for a total of no longer than four years on this contract. The option for extension shall be considered to be automatic, unless one party to the Agreement opts to terminate the Agreement. The minimum period of notification of intent to terminate the Agreement prior to the otherwise automatic extension shall be no less than 90 days prior to the current contract expiration date. 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 provision of the materials 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 material called for has been fully supplied. 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 obtaining the materials, including all increased costs for procuring them, 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, payments shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Contract for Services _ Elliott Bay Design Group, LLC On -Call Support for Lummi Island Ferry System Page 3 140 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 materials acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Contract for Services Elliott Bay Design Group, LLC On -Call Support for Lummi Island Ferry System 141 Page 4 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury - $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". In addition, the Contractor shall carry and provide proof of a standard error and omissions policy for not less than $1,000,000.00 coverage against exposure to professional liability. 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, to the extent such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, 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 Contract for Services Elliott Bay Design Group, LLC On -Call Support for Lummi Island Ferry System Page 5 142 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, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, 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 polifical 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 Administratve 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: Eric L. Schlehuber, Division Manager Whatcom County Public Works Equipment Services Division 901 West Smith Road Bellingham, WA 98226-9610 Contract for Services Elliott Bay Design Group, LLC On -Call Support for Lummi Island Ferry System 143 Page 6 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: Contractor certifies that it has fully met the responsibility criteria required of public works contractors under RCW 39.04.350 (1), which include: (a) having a certificate of registration in compliance with RCW 18.27; (b) having a current state unified business identifier number; (c) if applicable, having industrial insurance coverage for its employees working in Washington as required in Title 51 RCW, an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW; and (d) not being disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions: The Contractor further certifies, by executing this contract, that neither it nor its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" is available to research this information at http://epls.arnet.gov/. 38.3 E-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 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 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 compensafion or extension of time is due, the nature of the cost involved, and Contract for Services Elliott Bay Design Group, LLC On -Call Support for Lummi Island Feny System Page 7 144 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 e. Limitation of Liability: The cumulative liability of the Contractor shall be limited to the total insurance proceeds paid on behalf of or to Elliott Bay Design Group, LLC by Elliott Bay Design Group, LLC insurers in settlement or satisfaction of County's claims under the terms and conditions of Elliott Bay Design Group, LLC insurance policies applicable thereto (excluding fees, costs and expenses of investigations, claims, adjustments, defense and appeal). In no event shall the Contractor be liable for any lost profits, business interruption, lost data, or for any indirect, incidental, special, consequential, exemplary or punitive damages. 43.1 Venue and Choice of Law: In the event that any litigation should arise conceming 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 Elliott Bay Design Group, LLC On -Call Support for Lummi Island Ferry System 145 Page 8 EXHIBIT "A" (SCOPE OF WORK) During the term of this Agreement, the County may call upon the Contractor to perform specific professional services related to engineering on an on -call basis for the Lummi Island Ferry System, including the Whatcom Chief Ferry. 'fhe Contractor shall provide technical services related to engineering on an on -call basis. 'fhe County shall issue task orders for specific assignments under this agreement. 'fhe task orders shall define the scope of the task, the nature of products and deliverables, and the allowable expenses to be billed for that task in accordance with Exhibit "B" (Compensation). Only those expenses specifically approved by the County in a task order shall be compensable under this Agreement. 'fhe County makes no expressed or implied guarantee as to the minimum amount of expenditures that shall be requested and approved under this Agreement. Contract for Services Elliott Bay Design Group, LLC On -Call Support for Lummi Island Ferry System Page 9 146 EXHIBIT "B" (COMPENSATION) As consideration for services provided pursuant to Exhibit "A" (Scope of Work), the County agrees to compensate the Contractor according to the hourly rates (inclusive of overhead and fee) provided below in the compensation summary. Other reasonable direct expenses incurred in the course of performing the duties herein, shall be reimbursed at the cost or rate listed below. Any work performed prior to the effective date of this contract or continuing after the completion date of same, unless approved in writing, will be at the Contractor's expense. Charges for services provided by Elliott Bay Design Group, LLC will be invoiced on the basis of the following schedule of fees for personnel spending time directly attributable to the project unless a stipulated amount is so indicated in the proposal or service agreement (see Item A & B). The total amount to be paid by the County to the Contractor for all tasks performed hereunder shall not exceed $30,000.00, Current rates are as follows: 1. PERSONNEL RATE Principal $ 182.00/hour Senior Naval Architect/Senior Marine Engineer $ 156.00/hour Naval Architect/Marine Engineer 1 $ 140.00/hour Naval Architect/Marine Engineer 2 $ 125.00/hour Naval Architect/Marine Engineer 3 $ 110.00/hour Naval Architect/Marine Engineer 4 $ 95.001hour Designer 1 $ 110.00/hour Designer 2 $ 95.00/hour Designer 3 $ 80.00/hour Technician (Admin) $ 75.00/hour Intern $ 65.00/hour Evening, weekend, and holiday hours may be subject to additional charges 2. EXPENSES RATE Reproduction Postage Travel Miscellaneous Expenses Mileage Computer: —Usage —Analytical Software --Analytical Processing Library Fee 10% Handling Charge will be added to all expenses. Term: Net 30 Days. Cost + 10% Cost + 10% Cost + 10% Cost + 10% Federal Rate $ 5.00/hour $ 25.00/hour $ 80.00/hour $ 200.00 Contract for Services Elliott Bay Design Group, LLC On -Call Support for Lummi Island Ferry System 147 Page 10 EXHIBIT "C" (CERTIFICATE OF INSURANCE) See attached Certificate of Liability Insurance. Contract for Services Elliott Bay Design Group, LLC On -Call Support for Lummi Island Ferry System Page 11 148 Client#: 329913 ELUCIBAY ACORD_ CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDNYYY) 112►0612012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER tUbble & Prentice, a US[ Co PR 601 Union Street, Suite 1000 Seattle, WA 98101 CONTACT PHOXE 206 441-6300 ,,, : 610-362-8528 I Certr ADDRESS: P • equestLftcom.com 1NSURER(S) AFFORDING COVERAGE NAIL S INSURER A: Travelers Indemnity Co. of Amer 25666 INSURED EBDElliott Bay Design Group LLC 5305 S hilshole Avenue NW, Suite 100 Inc 305 Seattle, WA 98107 INSURER B. Travelers Indemnity Company 25668 INSURER c: SeaBright Insurance Company 15563 INSURER D: Houston Casualty Company 42374 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONIINTIONOF ANY CONTRACTOR 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 TEWMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- INS LTTRR TYPE OF INSURANCE ADDINSR U POLICY NUMBER POLICY EFF MPS Y EXP NYM L,6TS A GENERAL LIABILITY X COMMERCIAL GENERAL LLASILITY CLAIMS -MADE � OCCUR 6801 S926381 12/01/2012 1210112013 EEpAAcMMHpA oEcTcTuaRREE�NcE s2.000 000 PRETAISES°Fa ccmc� ncel $1 000.000 MED EXP(Ay —P—) $10,000 PERSONAL BADV INJURY s2,000,000 GENERALAGG.REGATE s4,000,000 GEt& AGGREGATE LIMIT APPLIES PER 17 POLICY 51 JECT PRoDucTs-COMPfoPAGG s4,000,000 $ B AUTONoeaE X LIABILITY ANY AUTO ALL OWNED SCri®ULEED AUTOS AUTOS HIRED ALTOS X ANCJ7O O BA1 B927193 12/01/2012 12/01/201 E',' SINGLE LIMFr $1,000,000 BODILY INJURY Terperscn) s BODILY INJURY {Per ac¢der t $ PROPERTY OPPEERTY DAMAGE $ s B X UMBRELLA LIAB EXCESS LIAR N OCCUR CLAIMS -.MADE CUPI B926866 12101/2012 12101/201 EAc i ocCURRENCE $1 000 000 AGGREGATE s1.000 000 DED I X1 RETENTIONS10000 $ C WORKERS COMPENSATION AND EMPLOYERS' W16R(iY ANY PROPRIETOMPARTNEZVEXECUTNEVIN OFFICEfUMEMSER EXCLUDED? EilNIA (Mandabxy in NHJ Fyyees5� desat under DESCRIPTION OF OPERATIONS below BB3121834 (USL8H Coverage) 6801 B926381 A St Gap)EL 12M312012 12/01/2012 12/03/201 1210112013 OTH- we STATU- X I E.L EACH ACCIDENT $1 000 000 E_I_ DISEASE- EA EMPLOYEE $1,000,000 DISEASE -POLICY LIMrf $1,000.000 D Professional Liability HCC1220610 10/01/2012 10/011201 $2,000,000 per claim $2,000,000 annl aggr. DESCRFTl09 OF OPERATIONS I LOCATIONS I VEHICLES PUL .1%ACORr1 101. Adldvfe l Remarks Schedule, if ewe space is required( Re: Project No. J12036. Whatcom County Department of Public Works is included as an additional insured on the General Liability policy Where required by written contract. Whatcom County Department of Public Works Attn: Eric Schlehuber 2011 Young St- Ste. 201 Bellingham, WA 98225 ACORD 25 (2010/05) 1 of 1 #S9088829/M90T5814 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAfICELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MXTJU Contract for Services Elliott Bay Design Group, LLC On -Call Support for Lummi Island Ferry System 149 Page 12 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a 'contract or agreement requiring insurance" to in - dude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury". 'property darnage or "personal injury" Caused, in whole or in part, by your acts or omis- sions or the ads or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tkxw; b. In connection with premises owned by or rented to you; or c. In connection with 'your work' and included within the "products -completed operations hazard'. Such person or organization does not qualify as an additional insured for "bodily injury", "property damage' or 'personal injury' For which that per- son or organization has assumed liability in a con- tract or agreement. The insurarwe provided to such additional insured is limited as foknws: d. 8. L This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. This insurance does not apply to the render- ing of or failure to render any "professional services The limits of insurance afforded to the addi- tional Insured shall be the limits which you agreed In that "contract or agreement requir- ing insurance' to provide for that additional insured, or the limits shown in the Deciara- dons for this Coverage Part, whichever are less. This endorsement does not increase the linuts of insurance stated in the LIMrrS OF INSURANCE (Section 111) for this Coverage Part_ B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDMONS (Section IV): However. if you specifically agree in a "contract or agreement requiring Insurance that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, tins insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The 'bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurane. But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY COW DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bochly injury", 'property damage" or 'personal injury' arising out of 'your worn" performed by you, or on your behalf, under a 'contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the *bodily CG D3 a104 07 0 2007 The Travelers Companies, Inc. Includes the wpyrighred material of Insurance Services Office, Inc., with Its permission. Page 1 of 2 Contract for Services On -Call Support for Lummi Island Ferry System Elliott Bay Design Group, LLC Page 13 150 COMMERICAL GENERAL LIABILITY injury' or "property damage' occurs, or the 'per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section l): 'Contract or agreement requiring Insurance' means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury' and 'property damage occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement b. While that part of the contract or agreement is in effect, and c. Before the end of the policy period. Page 2 of 2 ® 2007 The Travelers Companies. Inc. Indudas the copyrighted material of Insurance Services Office, tnc., with its perm�sskn. CG 03 8109 07 Contract for Services On -Call Support for Lummi Island Ferry System Elliott Bay Design Group, LLC 151 Page 14 EXHIBIT "D" (TITLE VI ASSURANCES) During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulations relative to non-discrimination in Federally assisted programs of the Agency, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under the contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Agency, State or Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Agency, State or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Agency shall impose such contract sanctions as it, the State or the FHWA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; b. Cancellation, termination, or suspension of the contract, in whole or in part. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the Agency, State or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Agency and the State enter into such litigation to protect the interest of the Agency and the State and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract for Services Elliott Bay Design Group, LLC On -Call Support for Lummi Island Ferry System Page 15 152 EXHIBIT "E" (CONTRACTOR DECLARATION) ATTACHMENT D Whatcom County Contractor's Declaration Form I. CONTRACTOR INFORMATION Contractor Name: Elliott Bay Design Group, LLC Phone: (206) 782-3082 Contact Person: Joseph V. Pritting, President Fax: (206) 782-3449 Address: 5305 Shilshole Avenue NW, Suite 100 Seattle, WA 98107 II. E-VERIFY ENROLLMENT (check one or more boxes) Contractors with funded contracts of $100,000 or more must be enrolled in E-Verify system. Subcontract is $25,000 or higher. www.uscis.gov/e-verify r- Contractor is enrolled in E-V/erify 0 Contractor is exempt from this requirement because: 0 Contract (grant) is less than $100,000. Contract is for commercial off the shelf items (COTS). r Contract work is for less than 120 days. Contract work is all performed outside of the U. S. r Subcontract is for less than $25, 000. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct, and that I am authorized to bind this entity contractually Jot- Signature Name 11- p5',6 Date Title Contract for Services Elliott Bay Design Group, LLC On -Call Support for Lummi Island Ferry System 153 Page 16 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-055 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Debbie Bailey /// %3 L� (� L �-C �—C 1129113 in/Council Division Head: AA /�/s/!� Chris Brueske 1AN 212013 Dept. Head: Lr� �/�'7%3 Frank Abart eb � "MAT, COM COUNTY COUNCIL Prosecutor: Dan Gibson dl OI/10/13 Purchasing/Budget: bb 01110113 Brad Bennett Executive: Jack Louws "L L TITLE OF DO ENT. Amendment to Contract No. 201112022 — Bennett Engineering Professional Services for Cedarville and Y Road Landfill Monitoring Services ATTACHMENTS. Memorandum Contract Information Sheet Amendment to Contract No. 201112022 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 authorization for the County Executive to amend the 2013 contract for landfill monitoring services (201112022-1), increasing the scope of work and corresponding compensation. COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #. Related File Numbers: Ordinance or Resolution 201112022 Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www co. whatcom. wa. uslcouncil, 154 WHATCOM COUNTY PUBLIC WORKSDEPARTMENT FRANK M. ABART Director �GOM CC` �9ShINgio Chris Brueske, P.E. Assistant Director ADMINISTRATION CIVIC CENTER ANNEX 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 Phone # (360) 676-6692 Fax # (360) 676-6863 www.co.whatcom.wa.us TO: The Honorable Jack Louws, Whatcom County ExecutivEM Honorable Members of Whatcom County Council 8Ell THROUGH: Frank M. Abart, Director .. 1�)b 1 FROM: Chris Brueske, P.E., Assistant Direct r Debbie Bailey, Solid Waste Coordinator JACK L(:)UUVS RE: Amendment No. 2 to Contract No. 201112022 COUNTY EXECUTIVE Landfill Monitoring Services DATE: January 15, 2013 Enclosed are two (2) originals of Amendment No. 2 to the contract for Cedarville and Y Road Landfill Monitoring Services between Bennett Engineering, LLC and Whatcom County for your review and signature. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to amend the contract with Bennett Engineering, LLC (#201112022). Background and Purpose Whatcom County entered into the original contract (#201112022) with Bennett Engineering to provide 2012 monitoring services for both Cedarville and Y Road Landfills. The contract was subsequently renewed for 2013 (#201112022-1) continuing services on November 21 st, 2012. An additional task, a "Tier II Analysis" of water quality, has now been requested by the Department of Ecology and necessitates this amendment to the contract. Funding Amount and Source Original contract for 2012 was for $46,290.00 and subsequently renewed for 2013 for $50,000.00, bringing the total to $96,290.00. The Tier II Analysis will increase the 2013 compensation by $8,045 for a total cost for 2013 of $58,045 or $104,335.00 overall. Funding is from the Whatcom County Solid Waste Fund (Landfill - Post -Closure), requested by supplemental budget as approved by the Solid Waste Executive Committee on January 14, 2013. Please contact Debbie Bailey at extension 50292, if you have any questions or concerns regarding the terms of this agreement, Encl. 155 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 201112022-A Originating Department: Public Works/Solid Waste Division Contract Administrator: Debbie Bailey Contractor's /Agency Name: I Bennett Engineering, LLC 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): 201112022-1 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 X No If yes, RFP and Bid number(s) RFP 11-90 Cost Center: _140201 Is this contract excluded from E-Verify? No Yes X If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: Contract less than $100,000. 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 FEWA Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15,000 or a Bid is more amt and any prior amendments) than $35, 000, please submit an Agenda Bill for Council approval and a $ 96 290.00 supporting memo. Any amendment that provides either a 10% increase in amount or more than $10, 000, whichever is greater, must also go to Council This Amendment Amount: $ 8.045.00 and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Executive with supporting memo for approval. Total Amended Amount: $ 104 335.00 Scope of Services: Contract for Landfill Monitoring Services for both Y Road and Cedarville. This amendment adds to the scope of work a new Task 5 and corresponding compensation. New Task 5: Tier II Analysis Department of Ecology has requested a "Tier II Analysis" for the initial NPDES Permit period of the newly constructed leachate treatment system. Term of Contract: One year Expiration Date:12/31/13 Contract Routing Steps & Signof .- sign or initial) [indicate date transmitted) 1. Prepared by. DB Date 01110113_ [electronic] 2. Attorney reviewed: Daniel L. Gibson Date_01110113 [electronic] 3. AS Finance reviewed: bbennett Date 01 /10113 [electronic/ 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy 6. Attorney signoff.• Daniel L. Gibson Date 01110113 7. Contractor signed: ✓ Date / - / y - l3 8. Submitted to Exec Office Date l -17-13 [summary via electronic, 9. Council approved (if necessary) Date 10. Executive signed. Date 11. Contractor Original Returned to dept, Date 12. County Original to Council Date printed hardcopies/ 156 fL Whatcom County Contract No. 20111 2022 - a Amendment No. 2 Whatcom County Contract No. 201112022 CONTRACT BETWEEN WHATCOM COUNTY AND Bennett Engineering, LLC THIS AMENDMENT is to the Contract between Whatcom County and Bennett Engineering, dated November 21, 2012 and designated "Whatcom County Contract No. 201112022-1. In consideration of the mutual benefits to be derived, the parties agree to the following: This Amendment increases the maximum consideration by $8,045.00 to a total consideration of $58,045.00 for 2013 or $104,335.00 since the contract inception. This Amendment also adds the following to the Scope of Work, Exhibit A, attached hereto and incorporated by reference herein: Tier II Analysis — Cedarville Landfill. 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 15, 2013, regardless of the date of signature. IN WITNESS WHEREOF, Whatcom County and Bennett Engineering, LLC have executed this Amendment on the date and year below written_ DATED this day of 2013. CONTRACTOR: Bennett Wineering Tom Bennet, P.E., M4na&q Member STATE OF WASHWNOTON ) ) ss. COUNTY OF WHATCOM ) On this LAY of 16LntA-&X' 2013, before me personally appeared Tom Bennett to me known to be the Managing Member of Bennett Engineering LLC and who execute the above instrument and who acknowledged to me the act of signing and sealing thereof. 7 OTAgy + NOTARY PUBLIC in and for the State of Washington, residing a t�l6icrl� , wf9 . My commission expires V1 B &?/ 3 157 WHATCOM COUNTY: Recommended for Approval: -e Department Director Date Approved as to form: 011!1� 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: BENNETT ENGINEERING, LLC Tom Bennett, P.E., Managing Member Address: 2324 James Street Bellingham, WA 98225 Mailing Address: Same Contact Name: Tom Bennett Contact Phone: (360) 671-2600 Contact FAX: (360) 671-0122 Contact Email: tomb@bennettengr.com 158 EXHIBIT A — ADDITIONAL SCOPE OF WORK The contracted scope of work includes quarterly stormwater monitoring at the D.D. location under the ISGP, and monthly effluent sampling, analysis, and flow measurements from January through April 2013 at Outfall #001, including acute and chronic toxicity testing of the effluent in March 2013, under the NPDES Permit. The data accumulated under these work items will be incorporated into the Tier I I Analysis; however, evaluating the potential changes in water quality at the point of discharge will require additional field sampling and laboratory analysis to characterize the effluent quality and the receiving water quality at the point of discharge, performing field measurements in the drainage ditch to calculate the average flow rate in the receiving water and corresponding dilution factor for the effluent flow, using the analytical data, dilution factor, and modeling results, as applicable, to determine if the listed criteria will likely be exceeded, and preparing the Tier II Analysis Report. The additional scope of work to complete the Tier II Analysis includes the following tasks: TASK 5 TIER II ANALYSIS — CEDARVILLE Task 5.1: Project Management Project Management includes project scoping, invoice review, and meetings and correspondence with the County, Ecology, and outside vendors. Task 5.2: Monthly Water Quality Sampling and Analysis During the monthly NPDES Permit sampling events conducted between January and April 2013, additional water samples will be collected at the D.D. location and Outfall #001 and analyzed for dissolved oxygen and coliform bacteria. Field parameters and turbidity will also be measured at the D.D. location. Task 5.3: Monthly Flow Measurements in the Drainage Ditch Field measurements will be made during the monthly NPDES Permit events to estimate the average flow in the drainage ditch. The depth of flow at the inlet of the 36-inch culvert will be measured and modeling software will be used to calculate the corresponding flow rate. The ditch cross-section and flow velocity will also be measured at a selected location to determine the flow rate and confirm the flow rate estimate for the 36-inch culvert. Historic water quality and flow data will be tabulated and used to detem�iine average parameter and Flow values for the drainage ditch at the D.D. location. Under the guidance provided in Ecology Publication #11-10-073, water quality modeling will be used, as needed, to address potential impacts regarding dissolved oxygen and pH. Otherwise, the dilution factor, analytical detection limits, and toxicity testing results will be used, where applicable, to evaluate the impacts regarding turbidity, temperature, and identified toxic compounds. Task 5.5. Tier 11 Analysis Report The Tier 11 Analysis Report will be prepared following receipt of the 1 st Quarter 2013 ISGP data and additional testing results (January through April 2013) for the D.D. site, the April 2013 NPDES Permit data for the effluent at Outfall #001, and the March 2013 acute and chronic toxicity results for the effluent. The report will specifically address the criteria for potential measurable change in the water quality of the receiving water. If the criteria are exceeded, the report will evaluate the following issues with regards to lowering the water quality in accordance with the Tier II antidegradation rules.: • Actions taken and system design implemented to minimize impacts to designated uses of the receiving water; • Potential changes to the leachate treatment system to improve effluent quality; • Potential for land application of the effluent during the dry season; • Previous evaluations regarding water re -use options; 159 The overriding public interest of on -site leachate management versus leachate hauling to the Ferndale wastewater treatment plant; Water quality trends for the leachate. A draft of this report will be submitted to the WCPWD, WCHD, and Ecology for review and comment by May 1, 2013. The finial Tier II Analysis Report will incorporate review comments and will be distributed to the WCPWD, WCHD, and Ecology prior to June 1, 2013. Ecology's determination and the final Tier II Analysis Report will be subject to public notice requirements, which will likely include publication in the Bellingham Herald and notice of interested parties identified in the SEPA process. Task 5.6: Laboratory Analysis Bennett will hand -deliver water samples to Edge on the day of the sampling events. 160 EXHIBIT B -COMPENSATION TASKS 1 THROUGH 4 Tasks 1 through 4 TOTAL 1 $50,000.00 TASK 5 - TIER II ANALYSIS - CEDARVILLE LANDFILL LMS RECOMMENDED BUDGET Task 5.1 - Project Management Time Rate Total Project Research and Sco in 6 $105.00 $630.00 Invoice Review 2 $105.00 $210.00 Correspondence With County, Ecology, and Outside Vendors 8 $95.00 $760.00 Task 5.1 Total $1,600.00 Task 5.2 - Monthly Water Quality Sampling and Analysis Events Time/Event Rate Total Water Monitodn Events(January through April) 4 1 $84.00 $336.00 Task 5.2 Total $336.00 Task 5.3 - Monthly Flow Measurements in Drainage Ditch Events Time/Event Rate Total Field Events(January through April) 4 1 $84.00 $336.00 Flow Calculations 4 $95.00 $380.00 Task 5.3 Total $716.00 Task 5.4 - Analysis and Modeling of Analytical Data Time Rate Total Tabulated Data Summaries 8 $95.00 $760.00 Data Modeling/Engineering Calculations 8 $95.00 $760.00 Task 5.4 Total $1,520.00 Task 5.5 - Tier II Analysis Report Time Rate Total Draft Report - Submit to WCPWDMCHD/Eco1oqy for Review & Comment 24 $105.00 $2,520.00 Final Report - Submit to WCPWD/WCHD/Eco1oqy for Approval 8 $105.00 $840.00 Report Exhibits 2 $78.00 $156.00 Task 5.5 Total $3,516.00 Task 5.6 - Laboratory Analysis (Edge Analytical) Quantity Rate Total Turbidity 4 $12.00 $48.00 Dissolved Oxygen 7 $12.00 $84.00 Total Coliform 8 $25.00 $200.00 Task 5.6 Subtotal $332.00 Markup 7.5 a $25.00 Task 5.6 Total $357.00 161 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-056 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JF 9/17/12 n W E E V D �J La 1/29/2013 Fin/Council DJb f f � Division Head: JAN 29, 2013 W HATCOM COUNTY COUNCIL Dept. Head: Prosecutor: rjw 9/28/12 PurchasingBudget: Executive: TITLE OF DOCUM . Contract with Whatcom Family and Community Network for Building Healthy Communities program activities. ATTACHMENTS: 1. Memo from Health Dept. 2. Contract Info Sheet 3. 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 provides prevention strategies that reduce risks for substance abuse, poor mental health, and related problem behaviors for at risk youth. These strategies will promote healthy children, families, and communities by offering opportunities for healthy and positive social development. Individuals who feel connected and `bonded' in those areas experience less risk, resulting in less likelihood for using drugs, committing crimes, joining gangs, and other unhealthy behaviors. 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. 162 WHATCOM COUNTY Health Dept. 509 Girard St. Bellingham, WA 98225 TO: FROM: RE: DATE: MEMORANDUM Regina A. Delahunt Director JAN 16 2013 JACK LOUWS Jack Louws, County Executive COUNTY EXECUTIVE Regina A. Delahunt Whatcom Family and Community Network, Building Healthy Communities contract January 15, 2013 Enclosed are two (2) originals of a new contract between Whatcom County and the Whatcom Family & Community Network for your review and signature. ■ Background and Purpose This contract includes a program of prevention strategies that reduce risks for substance abuse, poor mental health, and related problem behaviors. Mentoring, parent skill building classes, community training, youth development classes, and outreach will work cooperatively to achieve positive outcomes and provide comprehensive services. Strategies will promote healthy children, families, and communities by offering opportunities for healthy and positive social development. Individuals who feel connected and `bonded' in those areas experience less risk, resulting in less likelihood for using drugs, committing crimes, joining gangs, and other unhealthy behaviors. ■ Funding Amount and Source Funding for this contract, in an amount not to exceed $60,000, comes from the local Chemical Dependency / Mental Health Program Fund.This contract requires Council approval because it's a new contract valued at over $15,000. An agenda bill is attached. ■ Differences from Previous Contract This is a new contract. Please contact Joe Fuller at extension 30684, if you have any questions or concerns regarding the terms of this agreement, Encl. 163 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a 130/ 007 Originating Department: Health Contract Administrator: Joe Fuller Contractor's / Agency Name: Whatcom Family & Community Network Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes No If yes, previous number(s): Is this a grant agreement? Yes _ No _X_ If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes No X_ If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes X No If yes, RFP and Bid number(s) RFP 12-66 Cost Center:—124100 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 $_60,000.00 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10,000, whichever is greater, must also go to Council and will need an $ 0 agenda bill and supporting memo. If less than these thresholds, just submit to Executive with supporting memo for approval. Total Amended Amount: $_60,000.00 Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] This contract is a program to provide prevention strategies that reduce risks for substance abuse, poor mental health, and related problem behaviors among at risk youth. Strategies will promote healthy children, families, and communities by offering opportunities for healthy and positive social development. "Building Healthy Communities" is a `pilot' effort that will seek to create these healthy changes in high -need communities, including communities experiencing heightened levels of gang activity. Term of Contract: 2/1/2013 — 1/31/14 Expiration Date: 1/31/14 Contract Routing Steps & Signoff: (sign or initial] [indicate date transmitted] 1. Prepared by: Pi Date_9/24/12_ [electronic] 2. Attorney reviewed: _rjw Date_9/28/12 [electronic] 3. AS Finance reviewed: mdc Date 1/15/13 [electronic] 4. IT reviewed if IT related Dater _ [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff: ,/ Date l Z -Z I -13 7. Contractor signed: Date /Z -/fir-/ Z 8. Submitted to Exec Office ,/ Date / - /6,- / 3 [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original Returned to dept; Date 13. County Original to Council Date 164 Whatcom County Contract Nc a0010O7 CONTRACT FOR SERVICES AGREEMENT Whatcom Family & Community Network - Building Healthy Communities Whatcom Family & Community Network, 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 9 , Exhibit A (Scope of Work), pp. 10 to 12, Exhibit B (Compensation), pp. 13 to 14, Exhibit C (Certificate of Insurance).p. 15 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 the1st day of February 2013, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of January, 2014. The general purpose or objective of this Agreement is to: provide prevention strategies that decrease risks for substance use and poor mental health, 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 $ 60,000. 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 tZ day oft Ck ffi g,f 201'z. CONTRACTOR: 7t_larmly &Community Network o7an, Execihti a Director STATE OF WASHINGTON ) 1 ) ss. COUNTY OF V►n ) On this jS day o bey 201?- before me personally appeared �d r' to me known to be the E 9K. kAec:*7y (title) of Whatcom Family & Community Network and who exec ted the above instrument and who acknowledged to me the act of signing and sealing thereof. N ARY PUBLIC in and forte State of Washington, residing at ZZ s�kt6 kbh My commission expires --�t-Zsilo HL_020113 WFCN_Building_Healthy_Communibes 1 165 WHATCOM COUNTY: Recommended for Approval: 1q- q/1 Anne Deacon, Human Services Manager ate Reg)NQ Delahunt, Department Director Date Approved as to form: --R ' )z I R ndall Watts, Prosecu Attorney Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 201, 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 Family & Community Network Geof Morgan, Executive Director 1231 N. Garden St., Suite 210 Bellingham, WA 98225 360-738-1196 geofmargan@wfcn.org HL_020113 WFCN_Building_Healthy_Communities 166 2 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 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. HL_020113_W FCN_Building_Healthy_Communities 167 3 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: 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: H L_020113_W FCN_Building_Healthy_Communities 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/sherit 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: 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. HL_020113_W FCN_Building_Healthy_Comm unities 169 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver. - With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: .Fhe 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 resulfing therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. HL_020113_W FCN_Building_Healthy_Communities 170 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 hislherfits 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: Joe Fuller, Program Specialist Whatcom County Health Department 509 Girard St. Bellingham, WA 98225 (360) 676-6724, ext. #30684 ifuller(@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 Transactions: Not Applicable 38.3 E-Verify: Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable HL_020113_WFCN_Building_Healthy_Communities 7 171 41.1 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 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. HL_020113_W FCN_Building_Healthy_Communities 8 172 EXHIBIT "A" (SCOPE OF WORK) Background The services provided under this contract have been designed to prevent youth substance abuse and poor mental health by reducing risks for those behaviors. The Contractor will provide the following comprehensive services to achieve positive outcomes: mentoring, parent skill building classes, community training, youth development classes, and outreach. Activities included in this contract will provide opportunities for youth and families to participate in healthy activities that strengthen relationships to family, schools and communities. According to research, individuals who feel connected and 'bonded' in these areas are less likely to use drugs, commit crimes, join gangs, or engage in other unhealthy behaviors. The activities included are federally recognized best - practice programs that have, demonstrated: • 46% of youth less likely to initiate using illegal drugs • 27% of youth less likely to initiate using alcohol • 52% of youth less likely to skip school • 77% reduction in conduct problems • 26% to 56% relative reduction in using substances in their "lifetime" (at 4-year follow up) • Increased academic performance in school and increased family functioning The use of evidence -based activities in this project will help achieve positive behavioral outcomes, as well as demonstrate financial benefits to the public, as outlined at http://www.wsipp.wa.gov/rptfiiles/04-07- 3901.pdf. Research has also shown that individuals who develop skills (communication, peer refusal, conflict resolution, etc) while increasing knowledge about risks develop essential resilience to negative behaviors. Statement of Work This program will provide direct services to 100 students, ages 10 to 18 years, and their families as appropriate. Additionally, training events and family night events will reach approximately 2,000 youth. The program will select youth who are particularly vulnerable to significant anti -social behaviors and are at risk of developing mental health or substance abuse problems. Services will be delivered in areas of Bellingham, Ferndale, and Lynden that have demonstrated heightened levels of substance abuse, gang activity, poverty, child abuse, and other risk factors identified in the Whatcom County Prevention Needs Assessment, and by law enforcement and community partners. Some of the following services will be provided through the use of subcontracts to community providers who have already demonstrated success with the programs. All subcontracts will be subject to the review and approval of the County. The Contractor will provide the following services: • Youth Outreach - The Youth Coordinator will perform outreach to high risk youth, including youth who are at -risk or currently engaged in gangs or gang -related activity. Youth outreach includes direct efforts to engage youth in prevention services. This includes face-to-face interaction or other direct communication with young people, during which materials or information are exchanged. Outreach to HL_020113 WFCN_Building_Healthy_Communities 173 youth may also require connecting with parents to gain their support for youth participation. Outreach provides initial and ongoing interaction with clients in the community to encourage sustained behavior changes, The Youth Coordinator will perform at least (100) one -hundred hours of outreach. Efforts may also include support of youth development activities and related training. The goal of the coordinator will be to increase connection of youth to peers, family, and community, and will be documented through program records. Prevention Training - Provide a minimum of (8) eight training events in the community. Training will be used to educate the community on risks associated with substance abuse, gang activity, and other problem behaviors, increase the understanding of healthy youth development, and build essential skills (i.e., communication and corlilict resolution). (10) ten to (20) twenty individuals will participate in each training event. The training goal is to increase participant knowledge of the training topic area among 80% of attendees, as demonstrated through training participant evaluations. • Mentoring Services - (25) twenty-five to (40) forty youth will receive mentoring services, receiving one on one support and positive engagement. Mentors will receive training about fostering positive decision making skills, healthy youth development, and the impact of adverse childhood experiences. Mentors will work with students weekly for a minimum of 9 months and provide emotional and academic support. Mentoring program staff will perform enrollment activities, training, and ongoing match support. The goal of the services is to engage youth in positive, healthy activities that increase connection to positive individuals. Program Outcome Evaluation (POE) surveys designed for these services will be completed by mentors and parents to document improvements in confidence, competence, and other subject improvements. Delinquency, avoiding delinquency, and school success may be among the included measures. 80% of students will demonstrate improvements in measured behaviors. Youth Development Classes - Youth Development classes will be provided a minimum of (15) fifteen times. Topics will address a range of issues and risks that youth currently face (i.e., substance use, family issues, depression, bullying). Classes will provide opportunities for youth to participate in positive events that build a variety of skills, including communication skills, social skills, and leadership skills. Classes will be delivered to (10) ten to (20) twenty individuals per class. The goal of the classes is to increase skills among 80% of youth attendees, as demonstrated through participant surveys. • Strengthening Families Skill Building - Provide the evidence -based Strengthening Families Program sessions at a selected site. The Strengthening Families Program delivers (7) seven weeks (one -day a week), of youth, parenting, and family education and skill building sessions. Topics include monitoring and limit -setting, communication, and family meeting planning. Using pre -post survey developed for this program, parents will demonstrate quantifiable improvements in communication, family harmony, positive involvement with their children, and creating and enforcing rules about substance use. The program will also work toward graduating 75% of families that participate. Stipend Program - Stipends will be offered to youth or adults that directly support one or more efforts of this project. Stipends will be available to (15) fifteen to (20) twenty individuals who have provided a minimum of (4) four to (6) six hours of support. Stipends are an engagement tool for hard to reach youth and parents. The goal is to engage at least 15 individuals with a secondary goal of increasing capacity to deliver activities identified in this contract. These will be documented through program records. The Contractor will also: • Provide Family Nights in Bellingham, Ferndale, and Lynden, annually, if the Project Coordinator, Youth Coordinator, or Gang Prevention Task Force deem it valuable to the efforts of the project. Family HL_020113 WFCN_Building_Healthy_Communities 10 174 Nights are open community events that provide parents and youth with an opportunity to learn about important topics (community concerns, understanding your teen, avoiding risky behaviors, parenting, resources, etc.) and participate in facilitated dialogue. The events provide a forum for parents to discuss the presented information and other issues that emerge. • Encourage youth to participate in school prevention clubs where youth can engage in healthy social opportunities through community service and leadership activities. • Where appropriate, supplement efforts by utilizing educational and social-norming messages to promote positive messages about youth, and for youth, in the community. Social-norming messages provide factual information on real behaviors (i.e., substance use) to counter risperceptions. In the case of substance use, youth significantly overestimate the number of peers that drink or use other drugs. When accurate information is provided and misperceptions are corrected, individuals adjust their behavior away from the "perceived norm" toward the "actual norm." In this case, substance use decreases. • Convene members of the Whatcom Prevention Coalition and the Gang Prevention Team at least quarterly to discuss ongoing implementation of this project and its activities. • Information about services delivered through this contract will be shared with school staff in the targeted areas. School staff can refer students or families to the available services. Similarly, youth and families served through this contract will be made aware of resources available in school settings. • Participate in County evaluation efforts, including evaluation planning, data collection, and reporting. • Reports will be submitted on at least a quarterly basis according to the following timetable: Service Period Due Date November - January February 28th February - April May 315t May - July August 31St August - October October 31 st Quarterly reports will include the following information, in addition to any other outcome/output measures that are developed through County evaluation efforts: ■ Number of program participants served in each domain (youth, families, schools, community members) ■ Number of recurring service events provided (groups, classes, etc.) and number of individuals reached through those efforts ■ Number of single service events provided (community events, trainings, etc.) and number of individuals reached through those efforts ■ Number of youth and families referred to other supportive services (mental health treatment, chemical dependency treatment, social services, etc.) • Subcontracts must be reviewed and approved by County prior to submitting an invoice for the service. HL_020113 WFCN_Building_Healthy_Communities 175 11 • Additional documentation for specific service areas include: a. Training- Copies of flyers, sign -in sheets, or other documentation that provides the titles and dates of training events. Subcontractor will also identify the number of individuals that participated. b. Mentoring —Documentation to support the number of active matches for each month of service. Prior to formalized matches, subcontractor can include the number of matches being formed (as this requires screening and match processes). c. Youth Development -Copies of flyers, sign -in sheets, or other documentation that provides the dates and titles of classes. Subcontractor will also identify the number of individuals that participated. d. Strengthening Families -Copies of flyers, sign -in sheets, or other documentation that provides the dates and locations of sessions. Subcontractor will also identify the number of families participating. • Outcome reports will be submitted annually or more frequently as appropriate for the area of service. As described in each service area, anticipated outcomes include, but are not be limited to: ■ 80% of students participating in mentoring activities will demonstrate improvements in behavior (school success, delinquency, etc). ■ The Youth Coordinator will make contact with 100 youth to increase their connection to peers, family, and the community. ■ 80% of youth participating in youth development classes will increase skills (social skills, social skills, drug refusal skills, etc.) ■ 75% of families participating in strengthening families skill building classes will complete the program. ■ 80% of attendees of prevention trainings will increase personal knowledge of the training topic (substance abuse, conflict resolution, youth development, etc.) ■ At least 15 individuals will participate in the stipend program and actively support one or more of the activities in the contract by providing 4-6 hours of support. Additional outcome measures for the program will be developed and defined in consultation with County. Data may be collected through program records, pre/post surveys, output data, school records, interviews with providers, Healthy Youth Survey, and community indicators. Partners will also provide associated data such as youth crime, gang involvement, and other activities they track. HL_020113 WFCN_Building_Healthy_Communities 12 176 EXHIBIT "B" (COMPENSATION) The source of funding for this contract, in an amount not to exceed $60,000.00, is Whatcom County mental health/chemical dependency sales tax revenue. The budget for services is as follows: Item Documentation needed with Budget invoice Contractor Services General ledger itemizing all • Project Coordinator ($35.50/hr approx) personnel costs $21,000 • Youth Coordinator $20/hr approx Mileage (.56.5/mile or current federal rate) Mileage record including name of staff member, date of travel, $2,475 number of miles, and purpose of travel Supplies, Materials, and Printing General ledger detail listing $3,545 Subcontracted services Subcontractor's invoice with • Prevention Training - $500 per training date of training $4,000 • Mentoring - Match Support @ up to $25/staff hr Subcontractor's invoice for (enrollment, training, ongoing case including number of staff hours $16,000 management) by date • Youth Development Classes - ($200 per class) Subcontractor's invoice with $4,000 date of class • Strengthening Families Receipts for all expenses $2,000 related to this program. Stipend documentation must Youth & Parent Stipends - $75-$100 per person detail each individual, number Individuals must show a minimum of 4 hours of activity of hours, activity supported, $1,525 support to receive a $75 stipend and 6 hours of activity date of support, and include a support to receive a $100 stipend signature of the stipend recipient Administration @ 10% $5,455 TOTAL $60,000 The Contractor may transfer funds between budget line items in an amount up to 10% of the total budget, but under no circumstances will the Administration rate exceed 10%. Invoicing 2. The Contractor shall submit itemized invoices on a monthly basis in a format approved by the County. Monthly invoices must be submitted by the 15th day of the month following the month of service. 3. The Contractor shall submit invoices to (include contract #): HL_020113 WFCN_Building_Healthy_Communites 13 177 Business Office Whatcom County Health Department 509 Girard St. 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. 6. 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_020113 WFCN_Building_Healthy_Communities- 14 178 EXHIBIT "C" (INSURANCE CERTIFICATE) HI__020113 WFCN_Building_Healthy_Communifies 15 179 er,4-�Cai or, 10 Named h4uredz VgwtWM Family & Commuiffty NeINOrk Cora 06fladerpWa IndeMijily M4 .r--:..,i -- ... V . SD U694- POILL7Tgrgi: agwmw�- TDW PreoRna, $ 5��M mi General Aggregate to Products and C. qnplewd Operations Aggrepte it 30U* Injury and Property Danr4ge - Each Occurrence w Personal aad Adver-Usin Y:--' - gig" 0 Ere DAmage to, R&nted . Premises - Each Occun#nce penst - Any. One Verso." $ !Wba Prefesslanal Liabift - Each-occurreace *-ijeaq,060 ProressiamiLf4bility - Aggregate Hfrea & N(w-OwnedAuto - Combli1eg$Ingle Limit Wigher Livats 6f pabirity am available ugen request Addid0nal CGverages, > Bell Endorsement- §Lie.fGrM PI-RELL-1 > CrL§is Managementfinhancemewt- see form Pf-CtJF,-1 General UkilityVeluk6jivid Human Services -see .:f6M and Officers - Limits of Liability �t Agate 1,51,WpWily'ruen t- Practices UOty is Adffitignal coverage: );- Pra4lak gifte Ehhanc-cMiME- see tGrut Pf-UPD-82. Plrme* gy. LL-C K11 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-057 CLEARANCES Initial Date Date Received in Council Office Agenda Date Ass' ned to: Originator: DM 01115113 ��,N 2�2013 1/29/2013 Fin/Council Division Head: Dept. Head. ol Prosecutor: WHATCOM COUNTY Purchasing/Budget: �b I/19 I t 3 COUNCIL Executive: 1 - LL - 1 TITLE OF DOC ENT: Interlocal Agreement Between Whatcom County Housing Authority and Whatcom County Sheriffs Office. ATTACHMENTS: SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( ) Yes ( ) 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.) This agreement provides funding for the records clerk (1 FTE) in the Sheriff's Office Crime Analysis Unit to assist in collecting, organizing, and preparing data and reports relevant to Housing Authority properties and tenants. This information supplements the Crime Bulletin and monthly reports published by our Crime Analysis Unit. Currently, the Housing Authority receives reports and information concerning public safety matters, calls for service and incidents associated with crime problems occurring at their properties. This information also allows the Sheriff's Office to deal more effectively and rapidly with emerging problems associated with these rental properties. By funding a support position, we greatly improve the crime analysis product we generate for other agencies and alleviate some of the backlog with our reports to make the information readily available. 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. 181 WHATCOM COUNTY SHERIFFS OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 MEMORANDUM TO: Jack Louws, County E u i FROM: Bill Elfo, Sheriff DATE: January 15, 2013 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY JAN 17 2013 JACK Loms COUNTY EXECUTIVE SUBJECT: Inter -local Agreement between Whatcom County Housing Authority and Whatcom County Sheriff's Office Enclosed are two (2) original agreements between Whatcom County Housing Authority and Whatcom County Sheriff's Office. Background and Purpose This agreement funds a records clerk (1 FTE) in the Sheriff's Office Crime Analysis Unit to assist in collecting, organizing, and preparing data and reports relevant to the Housing Authority properties and tenants. Funding Amount and Source $55,650 from the Whatcom County Housing Authority Differences from Previous Contract N/A Please contact Undersheriff Parks at 50418 if you have any questions or concerns regarding the terms of this agreement. Thank you. enclosure Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence iA 821ic Safety. WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. o1301O S" Originating Department: Sheriff's Office Contract Administrator: Jeff Parks, Undersheriff Contractor's / Agency Name: I Whatcom County Housing Authority 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: 2968 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 $ 55,650.00 and a supporting memo. Any amendment that provides either a 10% This Amendment Amount: increase in amount or more than $10,000, whichever is greater, must $ also go to Council and will need an agenda bill and supporting memo. If Total Amended Amount: less than these thresholds, just submit to Executive with supporting $ 55,650.00 memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] To fund a records clerk (1 FTE) in the Sheriff's Office Crime Analysis Unit to assist in collecting, organizing, and preparing data and reports relevant to Housing Authority properties and tenants. Term of Contract: March 1, 2013 Expiration Date: February 28, 2014 Contract Routing Steps & Signoff: (sign or initial] [indicate date transmitted] 1. Prepared by DNIP Date01/15/13_ [electronic] 2. Attorney reviewed ,� Date_3 [electronic] 3. AS Finance reviewed C Date [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made Date [electronic] hard copy printed 6. Attorney signoff Date 7. Contractor signed ✓ Date /-/o - /3 8. Submitted to Exec Office ✓ Date /- i 7./ 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 1/19/12 183 T Y 0 R11 G I N AL WHATCOM COUNTY CONTRACT NO. a0 Bolo/ s INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY HOUSING AUTHORITY AND WHATCOM COUNTY SHERIFF'S OFFICE This Agreement is entered into by and between the Whatcom County Housing Authority (208 Unity Street, Whatcom County, WA 98225), hereinafter referred to as "WCHA" and Whatcom County Sheriff's Office (Whatcom County, 311 Grand Avenue Bellingham, WA 98225-4038). Attached to this document and incorporated herein by this reference are the Scope of Work (Exhibit A) and the Program Budget (Exhibit B). This Agreement is entered into pursuant to RCW 39.34 and sets forth the terms and conditions mutually benefiting each party hereto. PROJECT PERIOD: The project period is March 1, 2013, to February 28, 2014. PURPOSE: The purpose of this Agreement is to provide certain services which will either directly or indirectly benefit the residents of the Whatcom County Housing Authority's Public Housing Program, and which services are set forth in Exhibit A. COMPLIANCE WITH LAWS AND REGULATIONS: The Whatcom County Sheriff's Office agrees to comply with all local, state, and federal laws and regulations governing its operation and the provision of services. CONSIDERATION: WCHA agrees to pay Whatcom County Sheriff's Office up to $55,650 in twelve payments of $4,637.50 over the duration of the project period for services authorized under this agreement. Exhibit B is the budget for the project period. Reports/invoices shall be due at WCHA in a format established by WCHA no later than the 15th of each month following the month of service (with a 10-day grace period). Every reasonable effort shall be made by WCHA to pay uncontested invoices within 45 days. COMMUNICATION AND COORDINATION: During the course of this project, WCHA and the Whatcom County Sheriff s Office agree to communicate to discuss the operations of the project and shall coordinate efforts and work together to make this endeavor successful. INSURANCE: Each party is self -insured and will provide insurance to this effect upon request. The parties to this agreement shall only be liable to third parties for their own negligent acts or omissions, and neither party shall be liable for the negligent acts or omissions of the other party. Neither party assumes any responsibility to the other party for the MA consequences of any act or omission of any person, firm, or corporation not a party to this agreement. NONDISCRIMINATION: In the performance of this agreement, the Whatcom County Sheriff's Office shall not discriminate on the grounds of race, color, creed, national origin, religion, sex, age, marital status, handicaps, or Veterans status, nor exclude from participation in, deny the benefits of, deny employment in, or otherwise subject to discrimination anyone under this program. RECORDS MAINTENANCE: The Whatcom County Sheriffs Office shall maintain books, records, documents, and other evidence which sufficiently and properly reflect services described herein. The Whatcom County Sheriff's Office shall retain all books, records, documents, and other material relevant to this agreement during the period of this agreement and for three years after the expiration of this agreement. The Office of the State Auditor, federal auditors, and any persons duly authorized by the parties, shall have reasonable and complete access and the right to examine any of these materials during this period. The Whatcom County Sheriff's Office shall provide reporting information to the WCHA consistent with HUD requirements for monthly and annual reports. Monthly reports are due to WCHA no later than the 15th day of each month for the prior month. Annual reporting information is due to the WCHA no later than February 10 of each year. SUBCONTRACTING AND ASSIGNMENT: Subcontracting: None of the project activities shall be subcontracted by the Whatcom County Sheriff s Office without prior written consent of the WCHA. Assignment: The Whatcom Sheriff's Office shall not assign this agreement or any portion of it to another provider agency without the express written consent of the WCHA. CONFIDENTIALITY: The use or disclosure by any part of any information concerning a client for any purpose not directly connected with the administration of responsibilities with respect to services provided under this agreement is prohibited except by written consent of the client, his/her attorney or his/her responsible parent or guardian, or by court order. PERSONNEL: The Whatcom County Sheriffs Office shall provide or secure all personnel required to undertake and complete the project. All personnel engaged in the work shall be fully qualified and shall be authorized under federal, state, and local law to perform such activities. The Whatcom County Sheriffs Office shall be solely and entirely responsible 2 185 for its acts and the acts of its employees, agents, servants, and subcontractors or otherwise during the performance of this agreement. AGREEMENT ALTERATIONS AND AMENDMENTS: The WCHA and the Whatcom County Sheriffs Office may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind the WCHA and the Whatcom County Sheriff. SAVINGS: In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way, after the effective date of this contract and prior to normal completion, either party may terminate the contract under the "Termination" clause, with five (5) days notice, subject to renegotiation under new funding limitations and conditions. WAIVER OF DEFAULT: Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the agreement shall not be deemed to be a waiver of any other subsequent breach and shall not be construed to be a modification of the terms of the agreement. TERMINATION FOR DEFAULT: Except as otherwise provided in this agreement, failure of either party to perform any of the contract provisions, may result in termination for default, with written notice terminating this agreement in whole or in part. TRMlNATION FOR CONVENIENCE: Except as otherwise provided in this agreement, either party may terminate this agreement upon sixty (60) days written notification. If this agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. ORDER OF PRECEDENCE: In the event of conflict, the controlling documents shall be in the following order: applicable state and federal regulations and guidelines; the annual project budget (Exhibit B); the Scope of Work (Exhibit A); and other clauses in this general Agreement. DISPUTES: Except as otherwise provided for in this agreement, when a genuine dispute arises between WCHA and the Whatcom County Sheriffs Office, and cannot be resolved by negotiation between the Housing Authority Chief Operating Officer and the Whatcom County Sheriff, or between the Executive Director of the WCHA and the Whatcom County Sheriff, then mediation will be conducted by a mutually agreeable third party. 3 ALL WRITINGS CONTAINED FIEREIN fEXTLNT OF AGREIIMENT). This agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands: WHATCOM COUNTY HOUSING AUTHORITY ohn Harmon Executive Director/CEO Attest: 4 187 WHATCOM CO Recommen d for roval: t ) 1 �7 Sheri Dat Approved as to form: 2 -"\ I & -/3 Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive Date STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 , before me personauy 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 EXHIBIT A SCOPE OF WORK (Revised January 30, 2012) The Whatcom County Sheriffs Office (WCSO) shall provide 1.0 FTE Records Specialist to serve as a Crime Analysis Support Employee (CASE), who will work in the crime analysis unit. The Crime Analysis Support Employee (CASE) will coordinate information, intelligence and support necessary targeted activities, with patrol, detectives, neighborhood deputies, drug task force and the uniformed criminal interdiction team. The information, intelligence and support work will be focused on Whatcom County Housing Authority (WCHA) owned and /or managed complexes, as well as residents in surrounding neighborhoods, referred to as targeted neighborhoods. The CASE position will coordinate crime reports, intelligence information and complaints related to and involving WCHA properties, targeted neighborhoods and individuals. The CASE position will coordinate requests for setting up block watch meetings in targeted neighborhoods. The information and activity coordination will result in: ❑ Increased WCSO presence in areas where criminal activity warrants ❑ Identification of drug dealers and their places of residence within targeted neighborhoods ❑ Evaluation and assessment of crime prevention and enforcement components of the program and provide annual reporting ❑ A detailed listing provided to the WCHA on a monthly basis of all calls to WCHA property, including the names and addresses of the residents involved and the nature of the incident that precipitated the call. ❑ A monthly summary report will be provided to the WCHA of all work performed under this scope of work ❑ WCSO will provide WCHA a listing 'of visits made to WCHA properties by WCSO crime prevention and patrol personnel, including .any meetings attended. ❑ The WCSO and CASE position will cooperate with all of the City police departments in Whatcom County and BHA staff by communicating regularly and sharing information as it relates to WCHA properties.. 0 i• EXHIBIT B BUDGET 2013 2014 TOTAL Wages $ 29,919 $ 6,146 $.36,065 Retirement $ 2,453 $ 504 $ 2,957 Social Security $ 2,289 $ 470 $ 2,759 Medical $ 9,856 $ 1,971 $ 11,827 Other H & W $ 1,095 $ 219 $ 1,314 Workers Comp $ 607 $ 121 $ 728 Unemployment $ 0 $ 0 $ 0 TOTAL $46,219 $ 9,431 $ 55,650 7 190 AB2013-058 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: originator. 1/217/13 � U-ll C���C D 1/29/13 Fin/Council Division Head: JAN 2 2 2013 Dept. Head., Prosecutor., WHATCOM COUNTY Purchasin /eud et: 1/17/13 COUNCIL Executive: TITLE OF DOCLKIAffT. Approval to Purchase Radios & Accessories 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 ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase their annual supply of radios and related products using the Washington State Contract. Product is purchased on an as needed basis. Expenditures could exceed $50,000.00. The vendor is Motorola with services provided by Communications Northwest. This is a regularly budgeted expenditure. 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. 191 WHATCOM COUNTY ADMINISTRATIVE SERVICES FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager DATE: 17 January 2013 TO: Jack Louws, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase Radios & Accessories ■ Background & Purpose Public Works Equipment Services is requesting approval to purchase radios and related equipment for Sheriff Department vehicles using the Washington State Contract for the up coming year. The vendor is Motorola with installation by Northwest Communications Inc. Public Works anticipates that the annual cost will be about the same as it has been in past years, approximately $50,000.00 annually. Purchases will be made as needed. ■ Funding Funds for this purchase were approved in the 2013 budget. I concur with this request. Z��- �ze� Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action 192 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director 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 FROM: Eric L. Schlehuber, PW Equipment Services Manager RE: Washington State Contract 02702 (Public Safety Radio Communication System) DATE: January 11, 2013 ■ Requested Action After researching costs for assorted vehicle public safety communication system (radios, related accessories, etc.), I am requesting Executive and Council approval to purchase the following equipment as needed from the Washington State Bid Procurement List during the period of 2013 through October 29, 2013 (current state contract term is for the period of 10/30/2009 through 10/29/2013): MATERIAL STATE CONTRACT # EXPIRATION DATE APPROXIMATE ANNUAL EXPENDITURE Radio and Related Accessories 02702 October 29, 2013 $ 50,000.00 This state contract has been awarded to multiple vendors. These units will be purchased from Motorola, Inc. in Redmond, Washington and installed by Northwest Communications & Cellular, Inc. located in Bellingham, Washington. ■ Background and Purpose The Sheriff's Department uses these units in their vehicles to provide safety for county personnel and citizens. These units were approved in the Equipment Rental and Revolving Capital Equipment 2013-2014 Budget. The above listed department will use these units in the performance of county business. ■ Funding Amount and Source These are regularly budgeted expenditures for equipment, which is used on an annual basis as needed and has been budgeted during the 2013-2014 Budget process. Expenditures for 2011 were $990 and in 2012 were $71,207. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 193 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-059 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ob Originator: 1/17/13 E U V E D JAN 2 2 2013 1/29/13 Fin/Council Division Head: Dept. Head. Prosecutor: �I,'HATCOM COUNTY Purchasin /Bud et: 1/17/13 COUNCIL s •'}, Executive: �1 TITLE OF DO .- Approval to Purchase the Annual Supply of Lignosite 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 to purchase to their 2013 - 2014 supply of lignosite for dust control on county roads. The vendor is Meenderinck, LLC, a sole source for this product., Public Works is requesting approval for approximately $50,000 per year based on need. This is a regularly budgeted expenditure and funds were approved in the 2013/14 budget. 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. 194 CGpM CO WHATCOM COUNTY 3sP °tip ADMINISTRATIVE SERVICES �9Sh I N G"(0 17 January 2013 TO: Jack Louws, County Executive FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: 2013 Lignosite Usage ■ Background Annually, Public Works purchases lignosite for dust control on county roads. The product is purchased on an as needed basis and Meenderinck, LLC is currently the sole source supplier for this product. The product is hauled to Whatcom County from a plant in California, and it must be stored in heated tanks. Currently, Meenderinck LLC is the only local vendor with the required storage capabilities. Public Works is requesting approval to purchase lignosite from Meenderinck LLC as needed, in 2013 and 2014, not to exceed $50,000 each year. The price per ton is $155.00 per ton when picked up at the Nooksack Plant. The delivered price per ton is $295.00 per ton. Prices are the same as they were in 2012. ■ Funding This is a regularly budgeted item, and funds for this purchase were approved in the 2013/14 budget. I recommend approval. Admin Services Finance Manager Approved as recommended: County Executive Date of Council Action 195 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director P�`OMrC�` `L4`ShING�Gt' 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 6Z�1 ��i11 J FROM: Eric L. Schlehuber, PW Equipment Services Manager / Jeff Gollen, PW Maintenance & Operations Superintendent RE: Sole Source — Lignosite (Dust Control Material) DATE: January 11, 2013 ■ Requested Action am requesting Executive and Council approval to purchase the following material as needed during the period of 2013 through January 31, 2014 from the sole source supplier of this product, Curt Meenderinck, LLC of Nooksack, in the approximate amount of $50,000.00. MATERIAL TYPE EXPIRATION DATE APPROXIMATE ANNUAL EXPENDITURE Lignosite Dust Control Material Sole Source January 31, 2014 $ 50,000.00 ■ Background and Purpose The Maintenance & Operations Division of the Public Works Department will use the lignosite (dust control material) on various county road projects as part of the annual road maintenance and repair program. Lignosite, a byproduct of pulp production, is used on gravel roads to minimize dust and debris during the dry season on county roadways. This material is distributed by truck and tanker onto gravel roads. Public Works Maintenance and Operations Division purchases approximately $50,000.00 annually of this product. ANNUAERENDLTURE FOR LLGNOSITEiQ LRPFOXIMAE) .. s_< YEAR 2008 2009 2010 2011 2012 ANNUAL COST $ 27,000 $ 13,000 $ 31,450 $ 18,000 $ 16,811 Due to the change in 2005 in not being able to store this material in a heated tank at the Central Shop and after researching the availability of lignosite (previously declared as "sole source" in prior years), we have located only one vendor that provides this product locally. Bell Marine from California is the supplier of this product to Curt Meenderinck, LLC of Nooksack who has the necessary heated storage tank(s) to keep this product. All other attempts in locating a vendor with heated storage tank facilities located closer to Washington than California (including BC, Canada) have failed. I accordingly request the purchase of lignosite to be declared "sole source". 196 Request Memo - Lignosite (Sole Source) Page 2 of 2 January 11, 2013 This service is contracted because it must be shipped from Oregon by truck and tanker and large quantities are stored in heated storage tanks in the Everson area by Curt Meenderinck, LLC. The cost for Lignosite in 2012 for 50/50 was $155.00 per ton picked up and $295.00 per ton straight delivered to the Central Shop. .qq $155.00 (picked up) $295.00 (delivered) ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and have been budgeted during the 2013-2014 Budget process. Based on prior and estimated usage it is anticipated total expenditures will be approximately $50,000 and therefore requires Whatcom County Council approval. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Jeff Gollen at extension 50660 or Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 197 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-060 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 6P5 1/17/13 FA ECEWED JAN 2 2 2013 1/29/13 Fin Council Division Head: Dept. Head: Prosecutor: 1 WH A CO COUNTY COUNCIL Purchasin /Bud et: 1 /217/13 Executive: I Ll"1 i TITLE OF DOC : Ap roval to Purchase Guardrail & Related Parts 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 ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase the 2013 — 2014 supply of guardrail, related repair parts and supplies using the Washington State Contract. The vendor is Coral Sales. Purchases are based on actual need and expenditures could reach $40,000 annually. This is a regularly budgeted expenditure. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY ADMINISTRATIVE SERVICES DATE: 17 January 2013 TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Approval to Purchase Guardrail • Background & Purpose FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager Public Works Equipment Services is requesting approval to use the Washington State contract to purchase their annual supply of guardrail and related parts for road repair projects in 2013-14. -fhe vendor is Coral Sales. Product is purchased on an as needed basis and expenditures could be approximately $40,000.00 each year. • Funding This is a regularly budgeted item and funds exist in the 2013/14 budget. I concur with this recommendation. AS Finance Manager Approved as recommended: County Executive Date of Council Action 199 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director �G�M CD �9SN1NG�0 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 /�W-21 0 FROM: Eric L. Schlehuber, PW Equipment Services Manager Jeff Gollen, PW Maintenance & Operations Superintendent ? RE: Washington State Contract 03008 (Guardrails, Terminals, Cable and Components) DATE: January 11, 2013 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed from the Washington State Bid Procurement List during the period of 2013 through September 11, 2014 (current state contract term is for the period of 09/11/2011 through 09/11/2014). MATERIAL STATE CONTRACT # EXPIRATION DATE APPROXIMATE ANNUAL EXPENDITURE Guardrails, Terminals, Cable & Components 03008 September 11, 2014 $ 40,000.00 This state contract has been awarded to Coral Sales Company, located in Milwaukie, Oregon. ■ Background and Purpose The Maintenance & Operations Division of the Public Works Department uses these materials regularly as part of the road maintenance program. This agreement is for the purpose of providing guardrails, terminals, cable and components throughout the year to be used on county road maintenance and road projects as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2013-2014 Budget process. Expenditures for 2011 were $13,190 and in 2012 were $9,521. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Jeff Gollen at extension 50660 or Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 200 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-061 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. 66 1/17/13 CE V E D JAN 2 2 2013 1/29/13 in/Council Division Head: Dept. Head: Prosecutor: WHATCOM COUNTY COUNCIL Purchasin /Bud et: 1/217/13 Executive: � "-1 TITLE OF D06bSOW. Approval to Purchase Miscellaneous Vehicle Repair Parts 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 ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase the 2013 - 2014 supply of miscellaneous vehicle repair parts and supplies using the Washington State Contract. Parts will be purchased from a number of local businesses. Purchases are based on actual need and expenditures could reach $80,000 annually. This is a regularly budgeted expenditure. 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. 201 WHATCOM COUNTY ADMINISTRATIVE SERVICES FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager DATE: 17 January 2013 TO: Jack Louws, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase Auto Parts ■ Background & Purpose Public Works ER&R would like to use the Washington State Contract to purchase their annual supply of miscellaneous auto and truck parts. "these items are used for the maintenance and repair of smaller County Public Works equipment. The State Contract has been awarded to Auto Zone Stores, Car Quest Auto Parts, NAPA, Motion Auto Supply, and Seattle Automotive Distributing. The local vendors are; NAPA - Bellingham Auto Parts, Bellingham & Bridgeview Auto Parts, Ferndale Car Quest Auto Parts - Hawley's Auto Parts, Ferndale & S&H Auto Parts, Lynden Seattle Automotive, Bellingham Consideration will be given as to the availability, total cost and performance of the parts, and vendor location. Parts are purchased on an as needed basis and anticipated expenditures for 2013/14 are for $80,000.00 annually. ■ Funding This is a regular planned purchase and funds were approved in the 2013/14 ER&R budget. I concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action 202 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, PW Director�/R����3 FROM: Eric L. Schlehuber, PW Equipment Services Manager 901 W. Smith Road Bellingham, WA 98226-9610 Phone (360) 676-6759 Fax (360) 380-8115 Eric L. Schlehuber, Division Manager RE: Washington State Contract 01809 (Fleet Vehicle Parts, Just -In -Time) DATE: January 11, 2013 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed from the Washington State Bid Procurement List during the period of 2013 through August 9, 2014 (current state contract term is for the period of 08/10/2009 through 08/09/2014): MATERIAL STATE CONTRACT # EXPIRATION DATE APPROXIMATE ANNUAL EXPENDITURE Fleet Vehicle Parts, Just -In -Time 01809 August 9, 2014 $ 80,000.00 This state contract has been awarded to multiple vendors: Auto Zone Stores, CarQuest Auto Parts, Genuine Parts Co. dba NAPA, Motion Auto Supply, and Seattle Automotive Distributing. Historically we have used the following local vendors for: 1) NAPA — Bellingham Auto Parts located in Bellingham and Bridgeview Auto in Ferndale; 2) CarQuest Auto Parts — Hawley's Auto Parts in Ferndale and S&H Auto Parts in Lynden; and 3) Seattle Automotive Distributing in Bellingham. Consideration will be given as to the availability of parts, total cost of the parts, performance of the parts, and the location of the vendor. ■ Background and Purpose The Equipment Services Division of the Public Works Department uses these materials regularly for annual maintenance on county vehicles and equipment. This agreement is for the purpose of providing automotive parts throughout the year to be used on county vehicles and equipment as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for automotive parts, which are used on an annual basis as needed and have been budgeted during the 2013-2014 Budget process in the Equipment Rental and Revolving Capital Equipment Fund. Expenditures for 2011 were $46,407 and in 2012 were $64,622. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 203 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-062 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. 66 1/217/13 n E C E� V LS 2 D I1-11 L� JAN 2 2 2013 WHATCOM COUNTY COUNCIL 1/29/13 Finance/ Council Division Head: Dept. Head. Prosecutor. Purchasin /Bud et: 1 /17/13 Executive: 1 TITLE OF DOMIMEWT. Approval to Purchase Lubricants ATTACHMENTS: Memos from Finance and Public Works SEPA review required ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase their annual supply of lubricants using the Washington State Contract. Product is purchased on an as needed basis and expenditures could exceed $35,000.00. The vendor is Reisner Distributor Inc. This is a regularly budgeted expenditure. 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. 204 AGO M CO WHATCOM COUNTY ADMINISTRATIVE SERVICES 3 IN DATE: 17 January 2013 TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Annual Supply of Lubricants Background FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager Public Works is requesting approval to purchase lubricants using the Washington State Contract. The supplier is Conoco Phillips 76 - Reisner Distributor Inc. is -the local vendor. Lubricants are purchased on an as needed basis and it is possible that this expenditure could exceed $35,000 over the coming year. Funding This is a regularly budgeted expenditure where use is based upon actual need. Funds were approved in the 2013 ER&R budget. I concur with this recommendation. AS Finance Manager Approved as recommended: County Executive Date of Council Action 205 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director 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 r�l � � 7 FROM: Eric L. Schlehuber, PW Equipment Services Manager RE: Washington State Contract 02411 (Lubricants, Virgin and Re -refined) DATE: January 11, 2013 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed from the Washington State Bid Procurement List during the period of 2013 through October 31, 2013 (current state contract term is for the period of 11/01/11 through 10/31/2013): MATERIAL STATE CONTRACT # EXPIRATION DATE APPROXIMATE ANNUAL EXPENDITURE Lubricants, Virgin and Re -refined 02411 October31, 2013 $ 40,000.00 This state contract has been awarded to ConocoPhillips — 76 Lubricants; Reisner Distributor, Inc., in Bellingham, Washington is the local authorized dealer. ■ Background and Purpose The Equipment Services Division of the Public Works Department uses these materials regularly for annual maintenance on county vehicles and equipment. This agreement is for the purpose of providing automotive lubricants throughout the year to be used on county's vehicles and equipment as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2013-2014 Budget process. Expenditures for 2011 were $31,348 and in 2012 were $28,910. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 206 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-063 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: A13 Finance / Originator 1/17/13 C I� V 2 fT1] f� LS L� D 1/29/13 Council Division Head: JAN 2 2 2013 WHATCOM COUNTY COUNCIL Dept. Head: Prosecutor., Purchasin /Bud et: 1 /217/ 1ff 3 Executive: TITLE OF DOCU : Approval to Purchase Vehicle Body Repair Services 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 ( 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 RC W or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase 2013 — 2014 vehicle body repair services using the Washington State Contract. Services are handled through CEI Group with local service provided by Gitts Autobody. Purchases are based on actual need and expenditures could reach $80,000 annually. This is a regularly budgeted expenditure. 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 ADMINISTRATIVE SERVICES sJ _tia FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 �y �a 9SHIN��� Bellingham WA 982254082 Brad Bennett, Finance Manager DATE: 17 January 2013 TO: Jack Louws, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Vehicle Body Repair Services ■ Background & Purpose Public Works ER&R would like to use the Washington State Contract to purchase their 2013 - 2014 vehicle body repair services. The local vendor is Gitt's Autobody and the service is handled through CEI Group. Repair services are purchased on an as needed basis. Anticipated expenditures are approximately $80,000.00 each year. ■ Funding This is a regular planned purchase and funds were approved in -the 2013/14 ER&R budget. I concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director c0 �gSNI NG�0 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 FROM: Eric L. Schlehuber, PW Equipment Services Manager RE: Washington State Contract 01909 (Auto Accident Management Services) DATE: January 11, 2013 ■ Requested Action I am requesting Executive and Council approval to purchase auto body work as needed from the Washington State Bid Procurement List during the period of 2013 through September 7, 2014 (current state contract term is for the period of 09/08/2009 through 09/07/2014). MATERIAL STATE CONTRACT # EXPIRATION DATE APPROXIMATE ANNUAL EXPENDITURE Auto Accident Management Services 01909 September 7, 2014 $ 80,000.00 This state contract has been awarded to the CEI Group; Gitt's Autobody in Bellingham, Washington is the local authorized vendor. ■ Background and Purpose The Equipment Services Division of the Public Works Department uses local vendors regularly for all body repairs on county vehicles and equipment. With the rise in vehicle prices and associated costs to repair, typically the repair exceeds $2,000, therefore necessitating three quotes. The three quote process for repairs is time consuming, both for the vendors to quote and the county to administer. This delay is problematic and only increases the downtime for the damaged vehicle or equipment. This will additionally streamline and save administrative overhead costs. This agreement would provide at least one local vendor services throughout the year to be used on county's vehicles and equipment as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for auto body repairs, which is used on an annual basis as needed and has been budgeted during the 2013-2014 Budget process. Expenditures for 2011 were $23,477 and in 2012 were $50,710. ■ Recommended Action Please approve this request and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 209 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-064 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator., t56 1/17/13 JAN 2 2 2013 1/29/13 Finance / Council Division Head., Dept. Head: WHATCOM COUNTY COUNCIL Prosecutor. Purchasin Bud et: 1/17/13 Executive: n -1 TITLE OF DOC : Approval to Purchase Waterborne Traffic Line Paint 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 ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase Waterborne Traffic Line Paint for 2013 using an interlocal agreement with Lewis County. The vendor is Sherwin Williams, Inc. Paint is purchased on an as needed basis and the total expenditure for traffic line paint could be up to $500,000.00 total between all three vendors. This is a regularly budgeted expenditure. 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. 210 ,,GO M CO WHATCOM COUNTY 3rP °tip ADMINISTRATIVE SERVICES DATE: 17 January 2013 TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manager FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager SUBJECT: Approval to Purchase of Waterborne Traffic Line Paint • Background & Purpose Public Works is requesting approval to use Lewis County's bid in order to have an additional vendor for the purchase their annual supply of waterborne traffic line paint. Whatcom County has an Interlocal agreement with Lewis County that allows us to use their bids. The vendor is Sherwin Williams. Product is purchased on an as needed basis and paint expenditures with all three of the requested paint suppliers could be up to $500,000.00. • Funding This is a regularly budgeted item and funds exist in the current budget. I concur with this recommendation. AS Finance Manager Approved as recommended: County Executive Date of Council Action 211 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director 4c'o 1 COG �4SH1 H G.10 MEMORANDUM 901 W. Smith Road Bellingham, WA 98226-%10 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. FROM: Eric L. Schlehuber, PW Equipment Services Manager Jeff Gollen, PW Maintenance & Operations Superintendent d` RE: Interlocal Agreement with Lewis County — Contract 200605021 Waterborne Traffic Line Paint DATE: January 11, 2013 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed during 2013 through January 31, 2014 from Sherwin Williams, Inc. in the amount of $500,000, through an existing Interlocal Agreement between Whatcom County and Lewis County. This purchase is permitted pursuant to the Washington State Interlocal Cooperative Act, RCW Chapter 39.34. Due to potential supplier issues we had in 2010 and 2011, we are requesting multiple vendor sources for waterborne traffic line paint. Combined, purchased from Alpine Products, Inc. (Washington State Bid Procurement List), Sherwin Williams, Inc. (Lewis County bid through Interlocal Agreement), and Ennis Paint, Inc. (Pierce County bid through Interlocal Agreement) will not exceed the above amount of $500,000. ■ Background and Purpose -the Maintenance & Operations Division of the Public Works Department uses these materials regularly as part of the road maintenance program. This agreement is for the purpose of providing waterborne traffic marking line paint throughout the year to be used on county road maintenance and road projects as needed. ■ Funding Amount and Source "these are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2013-2014 Budget process. Expenditures for 2011 were $214,316 and in 2012 were $347,279. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Jeff Gollen at extension 50660 or Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 212 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-065 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1 /17/13 12 D L� 1 /29/13 Finance / Council Division Head., .JAN 2 2 2013 WHATCOM COUNTY COUNCIL Dept. Head. Prosecutor., Purchasin Bud et: A6,6 1 /17/13 Executive: 1' TITLE OF DOCUMVIT., Approval to Purchase Waterborne Traffic Line Paint 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 ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase Waterborne Traffic Line Paint for 2013 using an interlocal agreement with Pierce County. The vendor is Ennis Paint. Paint is purchased on an as needed basis and the total expenditure for traffic line paint could be up to $500,000.00 total between all three vendors. This is a regularly budgeted expenditure. 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. 213 �G0M co' \ WHATCOM COUNTY 3sP ti� ADMINISTRATIVE SERVICES `Z�SHING��c� DATE: 17 January 2013 TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manager FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager SUBJECT: Approval to Purchase Waterborne Traffic Line Paint • Background & Purpose Public Works is requesting approval to use Pierce County's bid in order to have an additional vendor for the purchase their annual supply of waterbome traffic line paint. Whatcom County has an Interlocal agreement with Pierce County that allows us to use their bids. Pierce County's bid is good until April 2013. The vendor is Ennis Paint Inc. Product is purchased on an as needed basis and paint expenditures with all three of the requested paint suppliers could be up to $500,000.00. • Funding This is a regularly budgeted item and funds exist in the current budget. I concur with this recommendation. AS Finance Manager Approved as recommended: County Executive Date of Council Action 214 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM 901 W. Smith Road Bellingham, WA 98226-9610 Phone (360) 676-6759 Fax (360) 380-8115 Eric L. Schlehuber, Division Manager TO: The Honorable Jack Louws, County Executive and "fhe Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, PW Director J / FROM: Eric L. Schlehuber, PW Equipment Services Manager Jeff Gollen, PW Maintenance & Operations Superintendent RE: Interlocal Agreement with Pierce County — Contract 200209010 Waterborne Traffic Line Paint DATE: January 11, 2013 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed during the period of 2013 through April 9, 2013 from Ennis Paint, Inc. in the amount of $500,000, through an existing Interlocal Agreement between Whatcom County and Pierce County. This purchase is permitted pursuant to the Washington State Interlocal Cooperative Act, RCW Chapter 39.34. Due to potential supplier issues we had in 2010 and 2011, we are requesting multiple vendor sources for waterborne traffic line paint. Combined, purchases from Alpine Products, Inc. (Washington State Bid), Sherwin Williams, Inc. (Lewis County Bid), and Ennis Paint, Inc. (Pierce County Bid) will not exceed the above amount of $500,000. ■ Background and Purpose The Maintenance & Operations Division of the Public Works Department uses these materials regularly as part of the road maintenance program. This agreement is for the purpose of providing waterborne traffic marking line paint throughout the year to be used on county road maintenance and road projects as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2013-2014 Budget process. Expenditures for 2011 were $195,433 and in 2012 were $0.00. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Jeff Gollen at extension 50660 or Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 215 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-066 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Finance/ Originator 1 /17/13 DECEDVCDD 1 /29/13 Division Head: JAN 2 2 2013 WHATCOM COUNTY Dept. Head: Prosecutor., Purchasin /Bud et: IA,26 1/17/139 COUNCIL Executive: TITLE OF DOC Approval to Purchase Waterborne Traffic Line Paint 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 ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase Waterborne Traffic Line Paint for 2013 using the Washington State Contract. The vendor is Alpine Products. Paint is purchased on an as needed basis and the total expenditure for traffic line paint could be up to $500,000.00 total between all three vendors. This is a regularly budgeted expenditure. 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. 216 WHATCOM COUNTY ADMINISTRATIVE SERVICES DATE: 17 January 2013 TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manager FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager SUBJECT: Approval to Purchase Waterborne Traffic Line Paint • Background & Purpose Public Works is requesting approval to use the Washington State Contract for the purchase of waterborne traffic line paint. The vendor is Alpine Products Inc. Product is purchased on an as needed basis and paint expenditures with all three of the requested paint suppliers could be up to $500,000.00. • Funding This is a regularly budgeted item and funds exist in the current budget. I concur with this recommendation. 14���� AS Finance Manager Approved as recommended: County Executive Date of Council Action 217 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director 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�/41" '/ FROM: Eric L. Schlehuber, PW Equipment Services Manager �// Jeff Gollen, PW Maintenance & Operations Superintendent ��C/ RE: Washington State Contract 07609 (Waterborne Traffic Line Paint) DATE: January 11, 2013 ■ Requested Action am requesting Executive and Council approval to purchase the following material as needed from the Washington State Bid Procurement List during the period of 2013 through November 30, 2013 (current state contract term is for the period of 01/27/2010 through 11/30/2013). MATERIAL STATE CONTRACT # EXPIRATION DATE APPROXIMATE ANNUAL EXPENDITURE Waterbome Traffic Marking Paint 07609 November 30, 2013 $ 500,000.00 This state contract has been awarded to Ennis Paint, Inc.; subcontractor for political subdivisions is Alpine Products, Inc., located in Auburn, Washington. Due to potential supplier issues we had in 2010 and 2011, we are requesting multiple vendor sources for waterborne traffic line paint. Combined, purchased from Alpine Products, Inc. (Washington State Bid Procurement List), Sherwin Williams, Inc. (Lewis County bid through Interlocal Agreement), and Ennis Paint, Inc. (Pierce County bid through Interlocal Agreement) will not exceed the above amount of $500,000. ■ Background and Purpose Fhe Maintenance & Operations Division of the Public Works Department uses these materials regularly as part of the road maintenance program. This agreement is for the purpose of providing waterborne traffic marking line paint throughout the year to be used on county road maintenance and road projects as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2013-2014 Budget process. Expenditures for 2011 were $76,116 and in 2012 were $55,733. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Jeff Gollen at extension 50660 or Eric L. Schlehuber at extension 50607, if you have any questions or concerns. 218 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-067 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: /�, /�/ 1/17/13 R E C 2� �/j 2 D L� V S 1/29/13 finance/ Council Division Head: JAN 2 2 2013 WHATCOM COUNTY COUNCIL Dept Head: Prosecutor., Purchasin /Bud et: 1 /17/13 Executive: TITLE OF DO . Award of Bid 12-82, Supply of Traffic Control Signs ATTACHMENTS: Memos from Finance and the Public Works SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to award bid 12-82 for the annual supply of traffic control signs. Public Works is requesting approval to award to the low bidder, Traffic Safety Supply in the approximate amount of $85,208.31 per year. Purchases are based on need and the bid was based on average usage. This bid allows for up to 3 renewals upon mutual agreement. This is a regular planned purchase and funds exist in the current budget. 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. 219 WHATCOM COUNTY ADMINISTRATIVE SERVICES DATE: 17 January 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: Bid Award 12-82 Supply Traffic Control Signs BACKGROUND Bids were advertised for the annual supply of traffic control signs. Two bids were received on Tuesday December 14. The prices are noted below. Description Zumar Traffic Safety Supply Aluminum Signs 14,018.75 17,862.50 Aluminum Blanks, bare 4,003.75 3,072.50 Alu Blanks, one side covered, no border 9,950.00 12,612.75 Alu Signs — microprismatic, retroreflective 40,475.00 33,142.71 Sign Faces 7,150.00 5,100.25 Square Tube Sign Post System 7,881.25 6,742.25 Subtotal 83,478.75 78,533.0 1 Tax 7,095.69 6,675.31 Total 90,574.44 85,208.31 Public Works is requesting approval to award the bid to the low bidder, Traffic Safety Supply in the approximate amount of $85,208.31. The bid allows for up to three one- year extensions. The actual expenditure total may vary in either direction as purchases are based on need and the bid was based on average usage. FUNDING. This is a regular planned purchase and funds were in approved the current budget. I recommend approval. Brad Bennett, Admin. Services Finance Manager County Executive Date of Council Action 220 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director p�GpM 'c0 0 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 ` /I vpo � 3 FROM: Eric L. Schlehuber, PW Equipment Services Manager Jeff Gollen, PW Maintenance & Operations Superintendent ��/ RE: Bid 12-82, Annual Supply of Traffic Control Signs DATE: December 18, 2012 ■ Requested Action I am requesting Executive and Council approval to purchase traffic control signs as needed during 2013 from the lowest responsive and responsible bidder, Traffic Safety Supply, in the estimated amount of $85,208.31. ■ Background and Purpose Bids were duly advertised for the supply of traffic control signs. The Maintenance & Operations Division of the Public Works Department uses these materials regularly to maintain safety on our county roads and to comply with state regulations regarding traffic control. Two bids were received Tuesday, December 11, 2012. Listed below is the detailed bid tabulation for the lowest responsive bid received for the annual supply of traffic control signs. { T'AFFIC SAFETY S;UP.Y ;:. " TR%�1�FIC CUN'>C�ZOL �I�NS �E�7'ENI�ED �ll�l�E SECTION A: Aluminum Signs $ 17,862.50 SECTION B: Aluminum Blanks, Bare $ 3,072.50 SECTION C: Aluminum Blanks, One -Side Covered/No Border $ 12,612,75 SECTION D: Aluminum Signs, Microprismatic Retroreflective $ 33,142.75 SECTION E: Sign Faces $ 5,100.25 SECTION F: Square Tube Sign Post System $ 6,742.25 SUBTOTAL PRICE $ 78,533.00 SALES TAX @ 8.5% $ 6,675.31 BID TOTAL $ 85,208.31 Also, price per pound for recycled signs credited towards purchase of new signs: 1 $ 0.45 / lb. 221 Request Memo - Traffic Control Signs Page 2 of 2 Decerriber 18, 2012 ■ Funding Amount and Source These are regularly budgeted expenditures for material, which are used on an annual basis as needed and have been budgeted during the 2013-2014 Budget process in the Equipment Rental and Revolving Capital Equipment Fund. ■ New Contract Special Conditions This is a new agreement which will be for a period of one year from January 30, 2013 through December 31, 2013. Any agreement made as a result of'this bid may be extended for up three one- year periods, for a total of four years on this agreement, by mutual agreement of both parties at least thirty days prior to expiration. There are no guarantees regarding minimum or maximum order quantities. Quantities are estimated based on prior usage. Actual totals may be slightly higher or lower. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 222 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-068 CLEARANCES Initial Date Date Received in Council OffAce Agenda Date Assigned to: Finance/ Originator., 1/17/13 n 2 � I,E � � � D lTl] lS 1/29/13 Council Division Head: .JAN 2 2 2013 W H ATCO M COUNTY i Dept. Head. Prosecutor: Purchasing/Bud et: 6 1 /217/ 13 COUNCIL Executive: I I I - -w"1 31 TITLE OF DOC T. Approval to Purchase Light Bars 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 ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase the 2013 supply of light bars and related parts for patrol vehicles using the Washington State Contract. The vendor is Auto Additions. Purchases are based on actual need and expenditures could reach $70,000. This is a regularly budgeted expenditure. 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. 223 �GOM CO WHATCOM COUNTY ADMINISTRATIVE SERVICES �9`sHING�O� FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager DATE: 17 January 2013 TO: Jack Louws, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase Light Bars and Related Equipment ■ Background & Purpose Public Works Equipment Services is requesting approval to purchase light bars and related equipment for Sheriff Department vehicles as needed during 2013 using the Washington State Contract. The vendor is Auto Additions, Inc. Equipment and parts are purchased on an as needed basis. Expenditures could reach approximately $70,000.00. ■ Funding Funds for this purchase are in the 2013 ER&R budget. I concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action 224 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC; WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, PW Director ���e�/� FROM: Eric L. Schlehuber, PW Equipment Services Manager 901 W. Smith Road Bellingham, WA 98226-9610 Phone (360) 676-6759 Fax (360) 380-8115 Eric L. Schlehuber, Division Manager RE: Washington State Contract 03908 (Light Bars and Accessories - Oregon) DATE: January 11, 2013 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed from the Washington State Bid Procurement List during the period of 2013 through November 28, 2013 (current state contract term is for the period of 11/28/2010 through 11/28/2013): MATERIAL STATE CONTRACT # EXPIRATION DATE APPROXIMATE ANNUAL EXPENDITURE Light Bars and Accessories 03908 November 28, 2013 $ 70,000.00 This state contract has been awarded to multiple vendors. These units will be purchased from Auto Additions, Inc. in Lacey, Washington. ■ Background and Purpose The Sheriff's Department uses these units on their vehicles to provide safety for county personnel and citizens. These units are used regularly to maintain safety on our county roads and to comply with state regulations regarding traffic control. Units will provide much needed visibility and are a safety reminder. These units were approved in the Equipment Rental and Revolving Capital Equipment 2013-2014 Budget. The above listed department will use these units in the performance of county business. ■ Funding Amount and Source These are regularly budgeted expenditures for light bars and accessories, which are used on an annual basis as needed and have been budgeted during the 2013-2014 Budget process in the Equipment Rental and Revolving Capital Equipment Fund. Expenditures for 2011 were $5,882 and in 2012 were $15,000. Please approve this purchase and forward to the Executive and the Whatcom Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 225 WHATCOM COUNTY COUNCIL AGENDA BILL NO 2013-069 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. 1/17/13 E 2 p� rl' C E� V E D JAN222013 1/29/13 Finance/ Council Division Head. Dept. Head: WHATCOM COUNTY COUNCIL Prosecutor: Purchasin /Bud et: 1 1 /217/13 Executive: z L2,4 TITLE OF DO T: Approval to Purchase Tires, Tubes & 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 ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase the 2013 — 2014 supply of tires, tubes and related services using the Washington State Contract. Several local vendors provide various brands of tires. Purchases are based on actual need and expenditures could reach $75,000 annually. This is a regularly budgeted expenditure. 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. 226 WHATCOM COUNTY ADMINISTRATIVE SERVICES DATE: 17 January 2013 /r GOM Co 3P GA �Lgsh►N�0 TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Approval to Purchase Tires, Tubes & Service • Background & Purpose FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager Public Works is requesting approval to use the Washington State contract to purchase their annual supply of tires, tubes and related service for 2013-2014. The contract is with the manufacturer and local vendors may honor the special pricing. The available manufacturers are Bridgestone/Firestone North American Tire, Goodyear Tire & Rubber, and Michelin North America. Tires are purchased on an as needed basis and it is anticipated that expenditures will be approximately $75,000.00 annually. • Funding This is a regularly budgeted item and funds exist in the 2013/14 budget. I concur with this recommendation. t 1. - /i AS Finance ..- Approved as recommended: County Executive Date of Council Action 227 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director P�GpM CO0 3� A �93h1 NGtGt, 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 Directo I jl�f�3 FROM: Eric L. Schlehuber, PW Equipment Services Manager RE: Washington State Contract 01712 (Tires, Tubes, and Service) DATE: January 11, 2013 ■ Requested Action am requesting Executive and Council approval to purchase the following material as needed From the Washington State Bid Procurement List during the period of 2013 through December 31, 2014 (current state contract term is for the period of 05/01/2012 through 03/31/2015): MATERIAL STATE CONTRACT # EXPIRATION DATE APPROXIMATE ANNUAL EXPENDITURE Tires, Tubes & Service 01712 March 31, 2015 $ 75,000.00 This state contract has been awarded to multiple vendors: 1) Bridgestone/Firestone North American Tire LLC; 2) Goodyear Tire & Rubber Company, and 3) Michelin North America, Inc. ■ Background and Purpose The Equipment Services Division of the Public Works Department uses these materials regularly for annual maintenance on county vehicles and equipment. This agreement is for the purpose of providing tires, tubes and tire service throughout the year to be used on county's vehicles and equipment as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2013-2014 Budget process. Expenditures for 2011 were $44,226 and in 2012 were $55,733. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 228 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-070 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator 1/217/13 � 2 R) L� C E 110 E D V L� U JAN 2fl�2 21113 4A 4�1�t 9�EATCOM COUNTY 1 COUNCIL 1/29/13 Finance/ Council Division Head. Dept. Head: Prosecutor. Purchasin /Bud et: 1 1 1/17/13 Executive: 0 1 1 — 71L-1i TITLE OF DO . Approval to Purchase Glass Beads for Traffic Marking Paint ATTACHMENTS: Memos from Finance and Public Works SEPA review required ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase their annual supply of glass beads for traffic marking paint using the Washington State Contract. Product is purchased on an as needed basis, expenditures could be $100,000.00. The vendor is Alpine Products, Inc. This is a regularly budgeted expenditure. 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. 229 WHATCOM COUNTY ADMINISTRATIVE SERVICES DATE: 17 January 2013 TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Approval to Purchase Glass Beads • Background & Purpose FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager Public Works Equipment Services is requesting approval to use the Washington State contract to purchase their annual supply of glass beads for traffic marking paint for 2013. The contract vendor is Alpine Products, Inc. Product is purchased on an as needed basis and estimated expenditures are for $100,000.00 annually, which is a little higher than it has been in the past. • Funding "this is a regularly budgeted item and funds exist in the 2013 ER&R budget. I concur with'this recommendation. AS Finance Manager Approved as recommended: County Executive Date of Council Action 230 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 lw//Y� FROM: Eric L. Schlehuber, PW Equipment Services Manager ,rR� Jeff Gollen, PW Maintenance & Operations Superintendent RE: Washington State Contract 00107 (Glass Beads for Traffic Marking Paint) DATE: January 11, 2013 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed from the Washington State Bid Procurement List during 2013 (current state contract term is for the period of 01/01/2011 through 12/31/2013): MATERIAL STATE CONTRACT # EXPIRATION DATE APPROXIMATE EXPENDITURE Glass Beads for Traffic Marking Paint 00107 December 31, 2013 $ 100,000.00 This state contract has been awarded to multiple vendors: 1) Alpine Products, Inc. for political subdivisions; and 2) Potters Industries LLC for state level agencies. This purchase will be through Alpine Products, Inc., located in Auburn, Washington. ■ Background and Purpose The Maintenance & Operations Division of the Public Works Department uses these materials regularly as part of the road maintenance program. This agreement is for the purpose of providing glass beads for traffic marking paint throughout the year to be used on county road maintenance and road projects as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2013-2014 Budget process. Expenditures for 2011 were $76,116 and in 2012 were 74,680. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Jeff Gollen at extension 50660 or Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 231 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-071 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator 9 1/217/13 R E C E 0 V E D 1/29/13 Finance/ I�1 A N 2 2 2013 Council Division Head. Dept. Head: �I.JA ��Ap a�+ll I'^'TV ��„��®IYI COUNTY i Prosecutor: COUNCIL Purchasin /Bud et: 1 /17/13 Executive: ' Ll - l TITLE OF DO T. Approval to Purchase Asphalt Products 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 ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase their annual supply of miscellaneous asphalt products using the Washington State Contract. Expenditures could be $40,000.00 which is about the same as 2012. The vendors are Albina Asphalt, Arrow Construction Supply, Lakeside Industires, Liquid Concrete, Partner Construction Products, Special Asphalt Products, Sound Refining, Williams Form Engineering, and Crafco. This is a regularly budgeted expenditure and all purchases are based on actual need. 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. 232 �C'o Co WHATCOM COUNTY ADMINISTRATIVE SERVICES 3 F 9Sh1NG.1 DATE: 17 January 2013 TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Approval to Purchase Asphalt and Bulk Products • Background & Purpose FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager Public Works is requesting approval to use the Washington State contract to purchase their annual supply of asphalt and other related asphalt products for various road maintenance projects in 2013. The contract lists various vendors, including Albina Asphalt, Arrow Construction Supply, Lakeside Industries, Liquid Concrete, Partner Construction Products, Sound Refining, Special Asphalt Products, Williams Form Engineering, and Crafco. Products are purchased on an as needed basis and expenditures could be approximately $40,000.00. • Funding This is a regularly budgeted item and funds exist in the 2013 ER&R budget. I concur with this recommendation. AS Finance Manager Approved as recommended: County Executive Date of Council Action 233 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director � , M CO 3 -< � r 4`shINGSO 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, ; ►/SA/ 1Xf,3 FROM: Eric L. Schlehuber, PW Equipment Services Manager Jeff Gollen, PW Maintenance & Operations Superintendent RE: Washington State Contract 01211 (Asphalt Bulk Products) DATE: January 11, 2013 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed from the Washington State Bid Procurement List during the period of 2013 through August 17, 2013 (current state contract term is for the period of 08/18/2011 through 08/17/2013): MATERIAL STATE CONTRACT # EXPIRATION DATE APPROXIMATE ANNUAL EXPENDITURE Asphalt, Bulk Products 01211 August 17, 2013 $ 40,000.00 This state contract has been awarded to multiple vendors. Eight vendors are located in Washington State: 1) Albina Asphalt of Vancouver, 2) Arrow Construction Supply, Inc. of Spokane, 3) Lakeside Industries of Issaquah; 4) Liquid Concrete, Inc. of Covington; 5) Partner Construction Products of Bainbridge Island; 6) Sound Refining, Inc. of Tacoma; 7) Special Asphalt Products of Spokane; and 8) Williams Form Engineering of Bellingham. One vendor is located out of state: 1) Crafco, Inc. in Portland, Oregon. ■ Background and Purpose The Maintenance & Operations Division of the Public Works Department uses these materials regularly as part of the road maintenance program. This agreement is for the purpose of providing various asphalt material throughout the year to be used on county roads and on road projects as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2013-2014 Budget process. Expenditures for 2011 were $10,682 and in 2012 were $14,762. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 29, 2013 Whatcom County Council Meeting. Please contact Jeff Gollen at extension 50660 or Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 234 2013-072 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: AN 114113 � luUll1 E JAN 2 2 2013 1/ 2 9/ 13 PW/Health/Sa Division Head: Dept. Head: ' I Prosecutor: Pa'li'HATCOUNTY OU COUNCIL N C I L Purchasin /Bud et: Executive: TITLE OF D C ENT: Community Transformation Grant Update ATTACHMENTS: Health Committee Discussion Form Powerpoint Presentation(pdfi 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.) Update on local Healthy Communities Program activities as required by federal Community Transformation Grant. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers. Ordinance or Resolution Number: Please Note. Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcom.wa.us1council. 235 HEALTH COMMITTEE Discussion Form 1/15/13 TOPIC: Community Transformation Grant Update PRESENTERS: Melissa Morin and Katie Hicks COMMITTEE ACTION: Action Item X Discussion FYI - Onl PURPOSE OF DISCUSSION Provide an update regarding local Healthy Communities Program activities as required by federal Community Transformation Grant OVERVIEW Staff will provide a brief overview of current Healthy Communities activities that are supported by a five-year federal Community Transformation Grant via WA State Dept of Health. We will focus on active living and healthy eating activities in two primary geographic areas -Birch Bay/Blaine and East County. We will also discuss our broader county -wide strategy to incorporate community health and safety perspective in county transportation and other community planning efforts, and provide suggestions about Health Committee/Health Board involvement in these activities. ATTACHMENT(S) -Powerpoint presentation: (12 slides) PUBLIC HEALTH ALWAYS WORKING FOR A SAFER AND HEALTHIER WHATCOM COUNTY 236 4- t t 0 E 00 !a) m LL 2 0 O m c Ug v. 20 m 00 4- D E E 0 i D O 4-- O 237 ;*I D H W N � � O � V } Lu A, H m m 239 i C' vi � N ++- v O •N Imp U o, 3 a w O 24 241 mmossumm �Z a a � � •N 0 0 N N O .. � ■ ■ ■ O O O O i V obi i — V J E O N Q O �-- u `n CL Q Lo a _ E LL Q ( i E 0 ■ ■ ■ 3 • O 4A a ■ ■ 242 V TO— Am N m ■ N N V i N V V _0 W .O i V N i O 'u a a N OL 06 V) • ■ H 0 .Q 4 H H H EC L_ u O V 4- u .0 4- cn u 06 cL Z m O t/9 d-- J • H L H 243 m C a ■ ■ 4- D E E O V E O V 4- s L• r_ :2O O U- 0- 0 O V O O U- E E V 2 V 3 O s V V) 0 1 U- O V a s 245 ^ O E a U n } i >O = E O > O O _ •N V E V %_ 0- � N � � O O O ° X L- N a V 4N O i � V ■ 246 ■ .E E E V �V i CL ■ N E E V s ■ ■ L- O Pl K01 V HIlso ►4 247 } N O O O N = M E ' O L; 4 O s } O E O y- V O +- O O CL '- ( s � O 3 O O '- U D _ E '% O E O Q E O J U E ■ N } W � J D E N E •- O U 'V s N O SO +. CL O 00 � O O s = `n • O 7 _ I... AVA CA O D O O V E �► 0 O � o U °o U s y 3 V — � ce ■ WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-300 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Josh Fleischniann 0812912012 9111112 Introduction D D E 9/25/2012 - ' Division Head: Lam. D SEP 0 4 2012 Public Hearin Dept. Head. J.E. /aL� //� 10/09/2012 P&D Committee "Sam "Ryon WHATCOM 10/23/2012 P&D Committee Prosecutor: Karen COUNTY 11/07/2012 CON Frakes f 'r �O '� I+A,(� COUNCIL 11/20/2012 Introduction 12/04/2012 Hearing Purchasing/Budget: A A1/15/2013 P&D Committee Executive: Jack &D Committee Louivs TITLE OF DO T: Zoning amendment to allow Agricultural Slaughtering Facilities in the Agriculture Zoning District ATTACHMENTS: 1) Staff memo to Council 2 Proposed Ordinance SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? (X) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 12/04/2012 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.) "rhe attached memo and exhibits provide information for a discussion to be held on January 29 in the Council Planning and Development Committee. Exhibit A is the exhibit that was provided to the Committee for their January 15th meeting. Exhibit B is the result of motions that were made and approved in the January 15th Committee meeting, and includes an alternative approval criterion 3a for both Permitted Uses and Conditional Uses as it relates to edible rendering and protection from nuisance claims. COMMITTEE ACTION. • COUNCIL ACTION.• 10/09/2012: Amended and held in Committee 9/11/2012: Introduced 10/23/2012: Amended and recommended to Council 9/25/2012: Held in Planning & Development for introduction as amended. (See Council's Committee to October 9, 2012 motion at evening meeting) 10/23/2012: Council Approved 7-0 motion to 11/07/2012: Amended & recommended for Introduction refer to Committee of the Whole on Nov. 7 ov. 20, public hearing December 4, 2012. 1/15/2013: Amended and held in committee 11/20/2012: Introduced 12/04/2012: Council held in P & D Committee 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 �, J.E. "Sam" Ryan Planning & Development Services `day Director 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TY 800-833-6384 360-738-2525 Fax Memorandum TO: Whatcom County Council FROM: Joshua Fleischmann, Planner ff ` THROUGH: Marls Personius, Long Range Planning Manager DATE: January 23, 2013 SUBJECT: Agricultural Slaughtering Facilities Zoning Text Amendment, RE: PLN2012-00008 This memo is intended to provide further context for discussions regarding the proposed zoning text amendment to allow for agricultural slaughtering facilities within Whatcom County's Agricultural zoning district. There are 2 exhibits that accompany this memo. Exhibit A is the same exhibit that was provided for the January 15th Planning and Development Committee. Exhibit B includes amendments to Exhibit A as passed through motions at the January 15th Planning and Development Committee. Also included in Exhibit B is an alternative approval criterion 3a for both Permitted Uses and Conditional Uses. This criterion is an attempt to include language from the Right to Farm code section in regards to slaughtering facilities that include edible rendering. For your reference, below I have included the "Nuisance - Disorderly house - Breach of peace" code language as well as the definition of "Good management practices." WCC 14.02.030 Nuisance - Disorderly house - Breach of peace. No land -based farm operation, facility or appurtenances thereof, regardless of past or future changes in the surrounding area's land use or zoning designation, conducted or maintained for commercial purposes, and in a manner consistent with current good management practices, not superseding local, state, or federal regulations shall be or become a nuisance or a disorderly house, as defined in Chapter 9.40 WCC, or a breach of peace, as defined in Chapter 9.44 WCC. (Ord. 93-073 Exh. A). WCC 14.02.020 Definitions E. "Good management practices" means current, economically feasible, management practices available as defined by the American Society of Agronomy, the United States Department of Agriculture Soil Conservation Service, the Washington State University Cooperative Extension Service in Whatcom County, and other land -based professional or industrial agricultural organizations. 250 EXHIBIT A Chapter 20.40 AGRICULTURE (AG) DISTRICT 20.40.100 Accessory Uses .114 Agricultural slaughtering facilities, which shall be located, designed, and operated so as to not interfere with the overall agricultural use of the property and neighboring properties, provided the following criteria are met: (1) The facility processes at least 50 percent agricultural goods produced in Whatcom County and that originate from permitted uses in WCC 20.40.051. (2) The facility is no larger than 5,000 square feet. (3) Where an agricultural slaughtering facility, as identified in WCC 20.97.010.2, includes incidental edible rendering, as identified in WCC 20.97.107, of animals slaughtered on site, the facility shall emit no noxious emissions that are detectable, at or beyond the property line for the use concerned, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use of adjacent property. 20.40.130 Administrative Approval Uses .139 Aaricultural slauahterina facilities. which shall be located. designed, and operated so as to not interfere with the overall agricultural use of the property and neighboring properties, provided the following criteria are met: (1) The facility processes at least 50 percent agricultural goods produced in Whatcom County and that originate from permitted uses in WCC 20.40.051. (2) The facility is between 5,000 and 10,000 square feet. (3) Where an agricultural slaughtering facility, as identified in WCC 20.97.010.2, includes incidental edible rendering, as identified in WCC 20.97.107, of animals slaughtered on site, the facility shall emit no noxious emissions that are detectable, at or beyond the property line for the use concerned, in such a concentration of or such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use of adjacent property. 20.40.150 Conditional Uses .164 Aaricultural slauahterina facilities, which shall be located, desianed. and operated so as to not interfere with the overall agricultural use of the property and neighboring properties, provided the followina criteria are met: (1) The facility processes at least 50 percent agricultural goods produced in Whatcom County and that originate from permitted uses in WCC 20.40.051. (2) The facility is larger than 10,000 square feet. (3) Where an agricultural slaughtering facility, as identified in WCC 20.97.010.2, includes incidental edible rendering, as identified in WCC 20.97.107, of animals slaughtered on site, the facility shall emit no noxious emissions that are detectable, at or beyond the property line for the use concerned, in such a concentration of or such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use of adjacent property. 251 Chapter 20.36 RURAL (R) DISTRICT 20.36.130 Administrative approval uses. .136 In PGA and R10A zoning districts, the processing of agricultural products that originate from the permitted uses in WCC 20.40.050, provided the following criteria are met: (1) The facility is not an agricultural slaughtering facility slaughteFheuse or mushroom substrate production facility. 20.36.150 Conditional uses. 20.36.163 In R5A and R10A zoning districts, the processing of agricultural products that originate from the permitted uses in WCC 20.40.050, provided the following criteria are met: (1) The facility is not an agricultural slaughtering facility slaughterheuse or mushroom substrate production facility. Chapter 20.80 Supplementary Requirements 20.80.200 Setback requirements 20.80.255 Agriculture District. (1) The 50-foot front yard setback requirement for new buildings or additions may be waived if the zoning administrator finds the new building or addition is located along the same building line(s) of existing structures and will result in no additional encroachment, the public interest, safety and health are protected; provided, that for a new building the applicant shall also demonstrate that the proposed location is necessary for the economic viability and the continued operation of the agricultural use. (2) The minimum separation between new residences not located on the same property and farm uses such as barns, pens, milking sheds, agricultural slaughtering facilities, or areas used to contain, house or feed animals or store manure or feed, shall be 300 feet. New farm uses such as barns, pens, milking sheds, agricultural slaughtering facilities, or areas used to contain, house or feed animals or store manure or feed, shall be situated at least 150 feet from existing residences not located on the same property. Expansion of existing facilities within the 150-foot buffer, providing such expansion is not closer to a neighbor's residence, and pastures are excluded from this section's requirements. 20.97.010.2 Agricultural slaughtering facility "Agricultural slaughtering facility" means a facility that engages in slaughtering, on or off site, and the processing of agricultural slaughter products in accordance with local, state, and federal health and agricultural regulations. Agricultural slaughtering facilities may include incidental edible rendering of by-products of animals slaughtered on site, in accordance with USDA regulations. Importation of animal by- products is strictly prohibited, unless associated with a rendering plant approved through the conditional use process. 252 20.97.107 Edible rendering "Edible rendering" is the rendering of products for human consumption. "Incidental rendering" is exclusively the rendering of products slaughtered by the agricultural slaughtering facility. 20.97.189 Inedible rendering "Inedible rendering" is the rendering of products not suitable for human consumption. 20.97.343.1 Rendering Plant "Rendering plant" means a plant that processes animal by-product materials for the production of tallow, grease, and high -protein meat and bone meal. 20.97.343 Rendering "Rendering" means the process or business of producing tallow, grease, and high - protein meat and bone meal from animal by-products. 20.97.424 Slaughtering "Slaughtering" means the killing of animals for human consumption. 253 EXHIBIT B Chapter 20.40 AGRICULTURE (AG) DISTRICT 20.40.050 Permitted Uses .056 Agricultural slaughtering facilities, which shall be located, designed and operated so as to not interfere with the overall agricultural use of the property and neighboring properties, provided the following criteria are met: (1) The facility processes at least 50 percent agricultural goods produced in Whatcom County and that originate from permitted uses in WCC 20.40.051. (2) The facility is no larger than 10,000 square feet. (3) Where an agricultural slaughtering facility, as identified in WCC 20.97.010.2, includes incidental edible rendering, as identified in WCC 20.97.107, of animals slaughtered on site, the facility shall emit no noxious emissions that are detectable, at or beyond the property line for the use concerned, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use of adiacent property. 3a) Where an aaricultural slauahterina facility, as identified in WCC 20.97.010.2, includes incidental edible rendering, as identified in WCC 20.97.107, of animals slaughtered on site and conducts operations in a manner consistent with current good management practices. as identified in WCC 14.02.030, the facility shall not be or become a nuisance or a disorderly house, as defined in WCC 9.40, or a breach of peace, as defined in Chapter 9.44. emit no ��..:� s-c ism sthat�• =��, 'cr�Tr�—rrozrv�crvu � 20.40.150 Conditional Uses .164 Agricultural slaughtering facilities, which shall be located, designed, and operated so as to not interfere with the overall agricultural use of the property and neighboring_ properties, provided the following criteria are met: 254 (1) The facility processes at least 50 percent agricultural goods in Whatcom County and that originate from permitted uses in WCC 20.40.051. (2) The facility is larger than 10,000 square feet. (3) Where an agricultural slaughtering facility, as identified in WCC 20.97.010.2, includes incidental edible rendering, as identified in WCC 20.97.107, of animals slaughtered on site, the facility shall emit no noxious emissions that are detectable, at or beyond the property line for the use concerned, in such a concentration of or such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use of adjacent property. 3a) Where an aaricultural slauahterina facility, as identified in WCC 20.97.010.2, includes incidental edible rendering, as identified in WCC 20.97.107, of animals slaughtered on site and conducts operations in a manner consistent with current good management practices, as identified in WCC 14.02.030, the facility shall not be or become a nuisance or a disorderly house, as defined in WCC 9.40, or a breach of peace, as defined InChapter 9.44. emit me nexig-d-, '3QIs s-tomt are cccceta v! beyond the p. line for the in su& J Chapter 20.36 RURAL (R) DISTRICT 20.36.130 Administrative approval uses. .136 In R5A and R10A zoning districts, the processing of agricultural products that originate from the permitted uses in WCC 20.40.050, provided the following criteria are met: (2) The facility is not an agricultural slaughtering facility or mushroom substrate production facility. 20.36.150 Conditional uses. 20.36.163 In R5A and R10A zoning districts, the processing of agricultural products that originate from the permitted uses in WCC 20,40.050, provided the following criteria are met: (1) The facility is not an agricultural slaughtering facility or mushroom substrate production facility. Chapter 20.80 Supplementary Requirements 20.80.200 Setback requirements 20.80.255 Agriculture District. (1) The 50-foot front yard setback requirement for new buildings or additions may be waived if the zoning administrator finds the new building or addition is located along the same building line(s) of existing structures and will result in no additional encroachment, the public interest, safety and health are protected; provided, that for a new building the applicant shall also demonstrate that the proposed location is necessary for the economic viability and the continued operation of the agricultural use. 255 (2) The minimum separation between new residences not located on the same property and farm uses such as barns, pens, milking sheds, agricultural slaughtering facilities, or areas used to contain, house or feed animals or store manure or feed, shall be 300 feet. New farm uses such as barns, pens, milking sheds, agricultural slaughtering hq_tering facilities, or areas used to contain, house or feed animals or store manure or feed, shall be situated at least 150 feet from existing residences not located on the same property. Expansion of existing facilities within the 150-foot buffer, providing such expansion is not closer to a neighbor's residence, and pastures are excluded from this section's requirements. 20.97.010.2 Aaricultural slauahterina facility "Agricultural slaughtering facility" means a facility that engages in slaughtering, on or off site, and the processing of agricultural slaughter products in accordance with local, state, and federal health and agricultural regulations. Agricultural slaughtering facilities may include incidental edible rendering of by-products of animals slaughtered on site, in accordance with USDA regulations. Importation of animal by- products is strictly prohibited, unless associated with a rendering plant approved through the conditional use process. 20.97.107 Edible rendering "Edible rendering" is the rendering of products for human consumption. "Incidental rendering" is exclusively the rendering of products slaughtered by the agricultural slaughtering facilitv. 20.97.189 Inedible rendering "Inedible rendering" is the rendering of products not suitable for human consumption. 20.97.343.1 Rendering Plant "Rendering plant" means a plant that processes animal by-product materials for the production of tallow, arease, and hiah-protein meat and bone meal. 20.97.343 Rendering "Rendering" means the process or business of Droducina tallow, arease, and hiah- protein meat and bone meal from animal by-products. 20.97.424 Slaughtering "Slaughtering" means the killing of animals for human consumption. 256 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-018 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: AL 01118113 JAN 2 2 2013 WHATCOM COUNTY COUNCIL 01129113 Exec Session Division Head. - Dept Head: Prosecutor: Purchasin lBud et: Executive: TITLE OF DOCU xecutive Session to Review Property Issue ATTACHMENTS: 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.) Discussion with Executive Jack Louws and legal council on property issue related to the Growth Management Act UGA 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. 257 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-272A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: / 29 / ^ .Y/ December 4 2012 Council -Intro Division Head: January 29, 2013 Council - Hearing Dept. Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT. Resolution regarding the petition for the vacation of a Bridgewater Street (Shipyard Road) and Dearborn Avenue, filed by Jayme Gilday and Jean Allen ATTACHMENTS: Resolution, petition, various documents SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: January 29, 2013 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 road proposed to be vacated is legally described as follows: That portion of "Plymouth City, Whateom County, Washington", as per the map thereof, recorded in Book 2 of Plats, Page 56 in the Auditor's Office of said county and state, more particularly described as follows: Commencing at the Northeast corner of a tract of land conveyed to Ja yme S. Gilday under Whatcom County Auditor's File Number 2011203587; thence north 0°00'00" east, 7.50 feet; thence south 89°59'22" west parallel to the centerline of Bridgewater Street (Shipyard Road), 295.01 feet to a point of curvature; thence along a curve to the left having a radius of 35.00 feet through a central angle of 89°59'23" for an arc distance of 54.97 feet to a point of tangency; thence south 0000100" west, 104.51 feet to a point of cusp; thence along a curve to the right having a radius of 132.00 feet the center of which bears north 90°00'00" east through a central angle of 90°00'38 "for arc distance of 207.37 feet to a point of tangency and south right of way margin of Bridgewater Street (Shipyard Road); thence north 89°59'22" east along said margin, 198.00 feet to the point of beginning. Containing 5,950 square feet more or less. The petitioner offers the following pertinent o acts in support of the petition: Please seethe attached sheet. The County Engineer recommends: Said road should not be vacated. The County Engineer does not recommend approval of this resolution. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: AB2012-272 Res 2012-025 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. PERTINENT FACTS OFFERED BY PETITIONERS "The area petitioned for vacation lies adjacent to a garage (no setback) which was built sometime in the mid 1900's. The house which is situated ON a portion of the road right of way in question was built in 1910 and remodeled (in footprint with all county permits) in 2005. We, the petitioners, were made aware of this anomaly in 2006 when a survey was completed at our request. In large part, we are seeking the peace of mind of knowing that our home is not on a county road right of way. We are concerned that in the future, should we wish to sell the property, the lot lines could become a very negative issue. This property has changed hands only within the original family that has owned it since around 1918 or this matter would perhaps have come to light earlier. Also, the portion of the area not occupied by our house has been maintained and improved by the same family for around 90 years and consists of shade and fruit trees, lawn, flower beds and birdlife all maintained by the property owners and adding value to the entire neighborhood. Also possibly pertinent to this petition is the fact that in this neighborhood only Shipyard Road has 75 foot right of way. The other streets in our neighborhood (Dearborn, Elmwood and Hall) all have 60 foot rights of way. None of these roads is much more than a lane and traveled pretty much only by the people who live here. By contrast, Blaine Road which also has a 75 foot right of way is a main thoroughfare, highly traveled with maintained shoulders and striping. The historical photos show the road location (same as now) and the house location before the remodel (same location). The new photos show the existing right of way which extends through the north side of our house and the maintained trees, lawns and beds which make up the proposed vacated area. We are asking only to vacate enough right of way to establish setbacks for the house and garage and to include a small area of maintained land which follows the curve of the road." 259 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-272A CLEARANCES Initial Date Date Received in Council O ace Agenda Date Assigned to: Originator: AH _IL �rj J [_ lu��l R E C E � � E D NOV 2 7 2012 12-4-12 Council Intr Division Head. ����� Dept. Head: WHATCOM COUNTY COUNCIL Prosecutor: i /15%13. Purchasing/Budget: Executive: 1 �a-1l1 TITLE OF DOWXENT. A Resolution Vacating a Portion of Bridgewater Street (Shipyard Road) and Dearborn Avenue ATTACHMENTS: 1. Cover Memo 2. Resolution 3. Neighboring Land Owner's Petition 4. Map of Site 5. Engineer's Report 6. Comparative Market Analysis SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? ( X) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY 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 attached Resolution Vacating a Portion of Bridgewater Street (Shipyard Road) andDearborn Avenue is submitted per RCW 58.17 & 36.87 and WCC 12-20. The County Engineer has examined the petition for vacation and determined that the Public will not benefit from approval of petition and is not in favor of this vacation petition. County Engineer does not recommend approval of this resolution. 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. 260 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR M E M O R A N D U M CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 676-6876 FAX: (360) 738-2468 www. whatcomcounty.us R EC00 " h E I V` E NOV 2 0 2012 To: The Honorable County Executive Jack Louws and Honorable M mbeAC LOUWS County Council 8-OUNTY EXECUTR Through: Frank M. Abart, Directo 1 i / kkdl From: Andrew Hester, Public Works Real Estate Coordinator _ I� 'I Z Date: November 15, 2012 Re: A Resolution Vacating a Portion of Bridgewater Street (Shipyard Road) and Dearborn Avenue The attached petition asks for vacation of approximately 5,950 square feet of right of way, more or less, of Bridgewater Street (Shipyard Road) and Dearborn Avenue. Based on a Fair Market Valuation (FMV) of surrounding comparable properties, the estimated value of the area to be vacated is approximately $16,303.00. • Recommended Action The County Engineer's report has been prepared and is being submitted not in favor of this road vacation. It is recommended that the County Council set a hearing date for the requested vacation, publish the vacation request, and direct County staff to post the appropriate public notices. Please contact me at extension 50571 if you have any questions regarding this action. Encl. 261 REPORT OF THE COUNTY ENGINEER (Whatcom County Code 12.20.050) IN THE MATTER OF THE VACATION OF A COUNTY COUNTY ENGINEER'S ROAD A portion of Bridgewater Street (Shipyard Road) and Dearborn Avenue REPORT PETITIONED BY layme Gilday and Jean Allen et al. I, the undersigned County Engineer of Whatcom County, State of Washington, being duly directed by the Whatcom County Council to examine and report on County Road Bridgewater Street (Shipyard Road) and Dearborn Avenue, Blaine, Washington proposed for vacation by the petition of Jayme Gilday and Jean Allen et al. did examine said road and report as follows: IN FAVOR Said road should be vacated. Market Value (12.20.060 E) 0.14 acres @ $16,303.00 Classification (12.20.060 F) NOT IN FAVOR XX Said road should not be vacated. Said road is now in use as a County road. Fair Lit will be advisable to preserve this road. 2.The public will not be benefited by this vacation. Class A Public expenditures made Class B XX No public expenditures made or non -ascertainable from records Class 1 No part thereof lies in any plat Class 2 XX Part or all lies within a platted subdivision Class 3 Did not remain unopened for public use for five or more years after the order made or authority granted for opening it. Class 4 Remained unopened for public use for five or more years after the order made or authority granted for opening it. Class 5 Is contained within that portion of a plat which is to be replatted Class 6 Abandoned in fact due to relocation of right-of-way Class 7 informalities exist in the records of title which are construed to invalidate and divest the public of any right, title, or interest in the right-of-way. The public will be benefited by this vacation. yes no XX /Ikhat'com Cou Engineer _October 25, 2012 Date 262 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Phone: (360) 676-6876 FAX: (360) 738-4561 COMPARATIVE MARKET ANALYSIS - BRIDGEWATER STREET (SHIPYARD ROAD) AND DEARBORN AVENUE ROAD VACATION PETITION PETITIONER: Jayme Gilday and Jean Allen et. al PROPERTY LOCATION: Bridgewater Street and Dearborn Avenue, South of Blaine OWNER NAME: Whatcom County CURRENT USE: Road Right-of-way AREA ZONING: Urban Residential 4 units/acre (UR4) BACKGROUND: Pursuant to Whatcom County Ordinance No. 1-72, dated February 14, 1972, Jayme Gilday and Jean Allen et. al. are petitioning the County to vacate an area of approximately 5,950 square feet, more or less, of Bridgewater Street (Shipyard Road) and Dearborn Avenue right-of-way. SALES RELIED ON: Four comparable land sale were use to prepare this market evaluation of the subject property and they sold between September 2011 to July 2012. Sale prices ranged from $2.19 to $3.41 per square foot. Comparable #1 is located at 4527 Shipyard Road, approximately 1,000 feet east of the subject property. It is approximately 0.95 acres and currently has a 3 bedroom manufactured home on it. It sold on July 24, 2012 for $189,000 with the land contributing approximately 60% of the value of the property or $2.74 per square foot. Comparable #2 is located on Crest Drive, approximately 2 miles northeast of the subject property. It is approximately 0.34 acres and is vacant land. It sold on May 23, 2012 for $32,500 or $2.19 per square foot. Comparable #3 is located at 9668 Harbor Court, approximately 2 miles northeast of the subject property. It is approximately 0.35 acres and is vacant land. It sold on September 26, 2011 for $35,000 or $2.30 per square foot. Comparable #4 is located at 987 Hughes Avenue, approximately %z a mile northwest of the subject property. It is approximately 0.42 acres and currently has a small structure with little value. It sold on May 4, 2012 for $65,000 with the land contributing approximately 96% of the value of the property or $3.41 per square foot. Comparables 2 and 3 represent recent sales of vacant land outside of the city limits of Blaine. However, the geographic location of the comps is slightly inferior to the subject. Comparable 4 represents the values of nearby land inside the city limits of Blaine. However, because it is located within the city limits its location is slightly superior to the subject. Comparable 1 is most similar to the subject property in geographic location, condition, and is the most recent sale and is relied on most heavily for the Fair Market Value. RECOMMENDED COMPENSATION TO COUNTY for 5,950 square feet X $2.74 PSF = $16,303.00 4 1 Prepared By: Date: Andrew Hester, Real Estate Coordinator Whatcom County Public Works This market analysis does not constitute an appraisal as defined by USPAP. 322 N. Commercial Avenue, Suite 110, Bellingham, WA 98225 263 I SPONSORED BY: 2 PROPOSED BY: Public Works 3 INTRODUCTION DATE: 4 RESOLUTION NO. 5 6 A RESOLUTION VACATING A PORTION OF BRIDGEWATER STREET 7 (SHIPYARD ROAD) AND DEARBORN AVENUE 8 9 WHEREAS, on June 5, 2012, Jayme Gilday and Jean Allen, et.al., submitted a petition for the 10 vacation of a portion of Bridgewater Street (Shipyard Road) and Dearborn Avenue lying within the 11 unincorporated area of Whatcom County near the City of Blaine, accompanied by the penal sum of 12 $682.00, and, 13 WHEREAS, as described in RCW 36.87.010, when a county road or any part thereof is considered 14 useless the Whatcom County Council may declare its intention to formally consider vacation, by 15 resolution. 16 WHEREAS, the County Council voted 7-0 on August 7, 2012, to consider this vacation request and 17 directed the County Engineer's office to report; and 18 WHEREAS, the County Engineer's office has reviewed the portion of the street which is a Class B-2 19 right-of-way, wherein no public expenditures were made or they are non -ascertainable from records, 20 and part or all lies within a platted subdivision, and in the exercise of his judgment has determined the 21 public will not benefit from said vacation; and 22 WHEREAS, public utilities are located within the portion of the right-of-way to be vacated and an 23 easement for said utilities will be retained by the County; and 24 WHEREAS, it's unknown if there are public utilities located within the portion of the right-of-way to 25 be vacated, but an easement for said utilities will be retained by the County, and 26 WHEREAS, the fair market value has been determined to be $2.74 per square foot for 5,950 square 27 feet included within this portion of Bridgewater Street (Shipyard Road) and Dearborn Avenue, making 28 the total value of the area to be vacated $16,303.00; and 29 WHEREAS, the County Engineer has reviewed said compensation and determined it to be fair value; 30 and 31 WHEREAS, the petitioner has met all of the petition requirements, as set forth by Chapter 12.20 32 Whatcom County Code, and all other applicable laws; and 33 WHEREAS, the applicant has six calendar months from the date of the Preliminary Order of Vacation 34 to pay any remaining fees to the Whatcom County Council office, which checks should be made 35 payable to the Whatcom County Treasurer, prior to the vacation becoming effective, including but not 36 limited to the appraised value of the area sought to be vacated; and 37 WHEREAS, this vacation does not become effective until the fees are paid and the Final Order and 38 Resolution are recorded with the County Auditor; 264 I NOW, THEREFORE, BE IT RESOLVED that .it is the intention of Whatcom County 2 Council to vacate the following described right of way: 3 4 That portion of "Plymouth City, Whatcom County, Washington", as per the map thereof, 5 recorded in Book 2 of Plats, Page 56 in the Auditor's Office of said county and state, more 6 particularly described as follows: 7 8 Commencing at the Northeast comer of a tract of land conveyed to Jayme S. 9 Gilday under Whatcom County Auditor's File Number 20112035 87; thence 10 north 0°00'00" east, 7.50 feet; thence south 89°59'22" west parallel to the 11 centerline of Bridgewater Street (Shipyard Road), 295.01 feet to a point of 12 curvature; thence along a curve to the left having a radius of 35.00 feet 13 through a central angle of 89°59'23" for an arc distance of 54.97 feet to a 14 point of tangency; thence south 0°00'00" west, 104.51 feet to a point of 15 cusp; thence along a curve to the right having a radius of 132.00 feet the 16 center of which bears north 90°00'00" east through a central angle of 17 90°00'38" for arc distance of 207.37 feet to a point of tangency and south 18 right of way margin of Bridgewater Street (Shipyard Road); thence north 19 89°59'22" east along said margin, 198.00 feet to the point of beginning. 20 Containing 5,950 square feet more or less. 21 22 SUBJECT TO and/or together with all easements, covenants, restrictions, and/or agreements of record 23 or otherwise; and 24 SUBJECT TO an easement retained by the County in respect to the vacated portion of 25 right-of-way for the construction, repair, and maintenance of any and all public utilities 26 and services, now located on or in the vacated portion, or planned for the future. 27 28 BE IT FURTHER RESOLVED that upon applicants' completion of payment for the 29 property and of all other fees, a Final Order of Vacation shall be prepared by Council 30 Staff, signed by the appropriate parties, and recorded with the County Auditor; and 31 32 BE IT FURTHER RESOLVED that if the conditions set forth above are not fulfilled 33 within six months from the date of the passage of this Resolution, the Preliminary 34 Order of Vacation which is hereby authorized shall be withdrawn, and the right-of-way 35 shall not be deemed to have been vacated. 36 37 APPROVED this day of , 2012 38 WHATCOM COUNTY COUNCIL 39 ATTEST: WHATCOM COUNTY, WASHINGTON 40 41 42 Dana Brown -Davis, County Clerk Kathy Kershner, Council Chair 43 44 45 APPROVED AS TO FORM: 46 47� 48 Senior Civil Deputy Prosecuting Attorney 265 BEFORE THE WHATCOM COUNTY COUNCIL IN THE MATTER OF VACATION OF ) THE COUNTY ROAD KNOWN AS ) PETITION FOR VACATION 13od�ge- wo "der' 6-4/SL � 464- V-eC /RCL ) OF PLATTED ROAD Petitioned for by: ) (RCW 58.17 AND 36.87) �� yt"e, &E161ety and 7ea.ri A / Lt ) o -7 511; P y4 r,6L � � 1,31a et.al. Pursuant to Whatcom County Ordinance No. 1-72, dated February 14, 1972, the undersigned and those signing attached petition, which bears signatures and property descriptions of five land owners residing in the vicinity of said road, request vacation of the county road hereinafter described, and agree with the statements below: 1. Petitioners are residents of Whatcom County and owners of real property in the vicinity of the road sought to be vacated. 2. The road sought to be vacated is legally described as follows: 6*6 E 3. The pertinent facts in support of this petition are: .SC 6- 4 77-A C )4 � 4. The road to be vacated is useless as a part of the County road system and the public will benefit by its vacation and abandonment. 5. Petitioners will pay all costs and expenses incurred by the Count in examination, report, notice and proceedings pertaining to this petition. 6. A bond in the penal sum of $682.00, payable to Whatcom County Treasurer, accompanies this petition. 7. The application fee accompanies this petition. WHEREFORE, petitioners request the County Road Engineer to report upon this petition, that a . hearing take place on this report, and that an order be entered vacating and abandoning said road. CONTACT PERSON: Signed this day of kJuh(!!- , 20 /a Page 1 of 2 040-�53�-s05a 266 j -/-Wo 1'AD 4,OY7 � P r_ " WHEREFORE, petitioners request the County Road Engineer to report upon this petition, that a hearing take place on this report, and an order be entered vacating and abandoning said road. (NOTE: A minimum of five signatures is required by law; see statement near the beginning of page 1). PETITIONERS' NAMES: Property owned by petitioner (part of sec, or name of plat, see (lot), TWP, (Blk) Range): �9 y A map of the road proposed to be vacated and surrounding properties, with each of the above signed petitioners properties Indicated thereon, shall be attached to this petition in order for it to be accepted in the County Council Office. Page 2 of 2 267 ow nf V, A4, � ) I - WHEREFORE, petitioners request the County Road Engineer to report upon this petition, that a hearing take place on this report, and an order be entered vacating and abandoning said road. (NOTE: A minimum of five signatures is required by law; see statement near the beginning of page 1). PETITIONERS' NAMES: Property owned by petitioner (part of see. or nanie oFplat, see (lot), TWP, (Blk) Range): A D I t l� C j6 A map of the road proposed to be vacated and surrounding properties, with each of the above signed petitioners properties indicated therm, shall be attached to this petition in order for it to be accepted in the County Council Office. Page 2 of 2 LEGAL DESCRIPTION: THAT PORTION OF "PLYMOUTH CITY, WHATCOM COUNTY, WASHINGTON", AS PER THE MAP THEREOF, RECORDED IN BOOK 2 OF PLATS, PAGE 56, IN THE AUDITOR'S OFFICE OF SAID COUNTY AND STATE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO JAYME S. GILDAY UNDER WHATCOM COUNTY AUDITOR'S FILE NUMBER 2011203587; THENCE NORTH 0°00'00" EAST, 7.50 FEET; THENCE SOUTH 89°59'22" WEST PARALLEL TO THE CENTERLINE OF BRIDGEWATER STREET (SHIPYARD ROAD), 295.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET THROUGH A CENTRAL ANGLE OF 89059'23" FOR AN ARC DISTANCE OF 54.97 FEET TO A POINT OF TANGENCY; THENCE SOUTH 0°00'00" WEST, 104.51 FEET TO A POINT OF CUSP; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 132.00 FEET THE CENTER OF WHICH BEARS NORTH 90000'00" EAST THROUGH A CENTRAL ANGLE OF 90000'38" FOR ARC DISTANCE OF 207.37 FEET TO A POINT OF TANGENCY AND SOUTH RIGHT OF WAY MARGIN OF BRIDGEWATER STREET (SHIPYARD ROAD); THENCE NORTH 89059'22" EAST ALONG SAID MARGIN, 198.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,950 SQUARE FEET MORE OR LESS. 269 3. Pertinent facts pertaining to Petition for Vacation: The area petitioned for vacation lies adjacent to a garage (no set back) which was built sometime in the mid 1900s. The house which is situated ON a portion of the road right of way in question was built in 1910 and remodeled (in footprint with all county permits) in 2005. We, the petitioners, were made aware of this anomaly in 2006 when a survey was completed at our request. In large part, we are seeking the peace of mind of knowing that our home is not on a county road right of way. We are concerned that in the future, should we wish to sell the property, the lot lines could become a very negative issue. This property has changed hands only within the original family that has owned it since around 1918 or this matter would perhaps have come to light earlier. Also, the portion of the area not occupied by our house has been maintained and improved by the same family for around 90 years and consists of shade and fiuit trees, lawn, flower beds and birdlife all maintained by the property owners and adding value to the entire neighborhood. Also possibly pertinent to this petition is the fact that in this neighborhood only Shipyard Road has a 75 foot right of way. The other streets in our neighborhood (Dearborn, Elmwood and Hall) all have 60 foot rights of way. None of these roads is much more than a lane and traveled pretty much only by the people who live here. By contrast, Blaine Road which also has a 75 foot right of way is a main thoroughfare, highly traveled with maintained shoulders and striping. The historical photos show the road location (same as now) and the house location before the remodel (same location). The new photos show the existing right of way which extends through the north side of our house and the maintained trees, lawns and beds which make up the proposed vacated area. We are asking only to vacate enough right of way to establish setbacks for the house and garage and to include a small area of maintained land which follows the curve of the road. 270 so p 75 ROAD NO.40 v y� s. _...._._ . i --:_1 I Z d r � y i j r� _• 44 1 271 PREPARED FOR JAMIE GILDAY 4607 SHIPYARD RD. BLAINE, WA 98230-9508 PROPOSED VACATION AREA (5,778 SQ. FT.) GRAPHIC SCALE 60 0 30 60 ( IN FEET ) 1 inch = 60 ft. EDGE OF PAVEMENT (TYP.) BRIDGEWATER ST. (SHIPYARD AD.) RAIL FENCE _ _ —— — — — w — — — ,� CaI— — — —D1 r OPLANTER O ( / -0PP IPI ANTFR G GAR. II o �NOUSE - - TREE (TYP.) P.O.B. I ' ' PREVIOUSLY SET ' EXISTING PROPERTY REBAR/CAP (LS #18897) (TYP.) LINE PROPOSED PROPERTY LINE (POST -VACATION) I ' o i I I r o M M I I I PLAT OF PLYMOUTH CITY W w > oQ 106 107 W 112 108 0 0 w °CD 0 C5 O Z o N A.F. NO. 2011203587 0 En r-I 30' I�N. O HALF 8' VACATED ALLEY ABUTTING m uj N90°00'00"W 330.00' - Q 1 2 3 4 5 PLAT OF HARBOR SHORES CURVE TABLE CURVE LENGTH RADIUS DELTA Cl 70.68' 45.00' 89059'22" C2 207.37' 132.00' 90°00'38" LEGAL DESCRIPTION LOTS 106 & 107 AND THE WEST HALF OF LOT 108, "PLYMOUTH CITY, WHATCOM COUNTY, WASHINGTON," AS PER THE MAP THEREOF, RECORDED IN BOOK 2 OF PLATS, PAGE 56, IN THE AUDITOR'S OFFICE OF SAID COUNTY AND STATE. C-IRISTIE 8 CNRISTIE LAND 5URVEYINC3 INC. 222 GRAND AVE. SUITE 'D', PH. • 360fP1IB86D, FAX • 36VfpllW73 EXHIBIT revl.dw BELLINGHAM, WASHINGTON W22rp JOB NO. 2610257 272 I DC u 30'--{ � wI Ln N N LL on 0 W0*1 00 z (W V ��1 LMe W 37.5' ti •end _ _N'809"Vd I ] 9.00.00000N 0 M n•�r•r 273 274 275 „'' .aim-- �' 1 .�h✓ +0 h S AM r r. ' . f 1 � L � fr : 1xii• . �1 .1j :: +•,JT.i fi ` r CD IV � � `�c�.'r'y �-4�� i a,..�• _ •;�yy��}, 1�..�T1'���._�_ � w,q�l}• 1�. i t,�,� I �� '�' tt ,. f-.2 ! 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J�:k � - .±}� .I�1� .P' � ,51.,. ��.?�'g.,c IF y r.�4 .T iy�1: _ Y^• } T� wr.'. RYA-. rVi^4:,�E.'i .'1t1�1,,P ,;�..- 277 it -1 -Nlbl� VZO lk -4!l- I 279 I 279 we] WHATCOM COUNTY Planning & Development Services "' �o°y 5280 IVorthwest Drive j Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 $hIN6,�0? 360-738-2525 Fax MEMORANDUM TO: Marina Engles Deputy Clerk of the Council THROUGH: Sam Ryan Director FROM: Nick Smith t�A.z--" Planner DATE: January 4, 2013 J.E. "Sam" Ryan Director G EC IE WE DD JAN 0 4 2013 WHATCOM COUNTY COUNCIL RE: Petition to Vacate Shipyard Road and Dearborn Avenue SUMMARY: Planning and Development Services received a request to provide a recommendation on a petition to vacate Bridgewater Street (Shipyard Road) and Dearborn Avenue. The petition was filed by Jayme Dilday and Jean Allen, property owners of 4607 Shipyard Road Blaine, WA 98230; APN # 400107 401230. BACKGROUND: Planning and Development Services records indicate the following information: In 1910, according to the Whatcom County Assessor records, a single-family residence and detached garage is constructed on the subject property. On May 6, 2004, Planning and Development Services receives an application to remodel and enlarge the existing single-family residence. The site plan submitted indicates that the existing single-family residence, including the proposed addition, is setback approximately 40 feet From the property line fronting Shipyard Road and 70 feet from the property line fronting Dearborn Avenue. On June 10, 2004, Planning and Development Services issues a building permit for a remodel and addition. The addition includes 1,041 square feet of living space and 216 square feet of decking on the eastern and southern portions of the existing single-family residence. According to the permit, the development was approved with a minimum setback of 25 feet from the property line fronting Dearborn Avenue and 5 feet from all other property lines (including the property line fronting Shipyard Road). The submitted site plan indicates that the development is located outside of those setbacks. As part of the permit approval, the applicant was required to install two 281 stormwater dispersion trenches on the western and northern sides of the subject single-family residence. The dispersion trench located on the western side of the residence (Dearborn Ave) is 2 feet wide by 10 feet long. The dispersion trench located on the northern side of the residence (Shipyard Road) is 2 feet wide by 20 feet long. Both trenches are a minimum 18 inches deep and contain a 4 inch perforated pipe and 1/2 - 1 inch washed rock. On July 13, 2005, final occupancy of the structure is granted by Planning and Development Services. On December 12, 2006 a survey of the subject property is recorded. The survey indicates that the structure, including the 2004/2005 addition, encroaches over the property line and into the county road right-of-way. CONCERNS: Planning and Development Services would have the following concerns if the petition to vacate were to be denied: 1. Any redevelopment or future expansions of the structure within the county road right-of-way would not be permitted. A zoning variance would be required for any expansions of the existing structure outside of the road right-of-way, but within the prerequisite setback. 2. The two stormwater dispersion trenches and catch basins are located within the rights -of -way of both Dearborn Avenue and Shipyard Road. Any future expansion of utility lines or other road Frontage improvements could disrupt the stormwater dispersion system. Thank you. Enc.: Site Plan Stormwater Dispersion Plan Building Permit & Inspection Record c: Jack Louws, County Executive Frank Abart, Public Works Director Joe Rutan, Assistant Director of Public Works/County Road Engineer 2 282 8 g Di86@QBt#.RD. 9D � F �A I I D TE BY 1"R°�g'r' GILDAY/ALLEk RESIDENCE ADDITION JWR ,F�s-W su1le201 (38D)354A933 SITE .PLAN "i 1 RO VED .... fi0310 SCO MENT y t? CONTR PLAN PROVED ..X yx 3 STORMWAj ER = 41�►S�P�� �� � ,��. .� MANAGEMEN7�PLAN wo _ TI PER ik 51 ir - ^YF , rN n :. rNs r *` tk - - ---- ---- - R� _ ��---- --��-,.mac. -'e-��'�"�: �� �.3''.�•�E�`;i€. - - _ Y - � � �„""^� �:. RESIDENTIAL BUILDING PERMIT l PERMIT NO SFR2004-00426 (Q;(0) I p2� Sff E ADDRESS 4607 DEARBORN AVE ISSUED: June 10, 2004 APPLICANT PROPERTY OWNER CONTRACTOR JEAN ALLEN JEAN ALLEN OWNER PO BOX 151-87 SWINOMISH PO BOX 151 LA CONNER WA 98257 LACONNER, WA 98257 ZONING SETBACKS SHORELINE PARCEL 4001074012300000 FRONT: 25.00 Ft P/L DEARBORN AVE SHORELINE NO ZONE UR4 REAR: SUBAREA BBB 5.00 Ft P/L DISTANCE Ft HEIGHT 35.00 Ft SIDE I: 5.00 Ft P/L PARKING 2 Req SIDE II: FROM N/A 5.00 Ft P/L BUILDING INFORMATION PROJECT REMODEL EXISTING SFR - REMODEL KITCHEN, BEDROOM, LAUNDRY RM , BATHROOM, DINING AND LIVING AREA 1041 SF, COVERED PORCH 16 SF, DECK 200 SF. CONSTRUCTION VN 1 BATHTUB 1 CLOTHES DRYER OCC GROUP R3 1 CLOTHES WASHER 1 FURNACE<100K BTU HEAT SOURCE ELECTRIC 1 DISHWASHER 1 RES -KITCHEN RANGE / HOOD SYS STORIES 1 2 HOSE BIBBS 2 VENT FANS BEDROOMS 1 1 KITCHEN SINK & DISP BASEMENT NO 1 LAUNDRY TRAY SPRINKLER NO 1 LAVATORY (Wash Basin) BLDG AREA: SF 1 WATER CLOSET (Toilet) PROJ VALUE $ 79,982 1 HOT WATER HEATER ISSUING STATEMENTS CONFORMANCE WITH SITE PLAN. All activities on site shall be done in accordance with the site plan approved by the Whatcom County Planning and Development, Land Use Division. Any alterations from the approved site plan will require further review by Planning and Development Services. CONSTRUCTION APPROVAL: Approved to construct, subject to field inspections, special inspections, corrections, and provisions of plan review.7he issuing of this permit shall not be oonstrued as approval of any violation of any applicable code or ordinance. The issuance of this permit is based upon review and approval of plans submitted and shall not prevent the Building Official or appointed deputies from thereafter requiring the correction of errors. DEVIATION FROMAPPROVED PLANS: Any deviation in construction from approved plans requires priorreview and approval by Whatcom County Planning and Development Building Services Division. INSPECTIONS PLANS AND INSPECTION RECORD. Approved plans shall be kept on building work site at all times during which the work authorized herein is in progress. Work requring a permit shall not be eommecnced until the Inspection Record is posted or otherwise made available in a convienient location. (UBC Sec 106 4.2 and 109.2) INSPECTION REQUESTS: Request for inspections are to be filed with Whatcom County Planning and Development Building Services Division at least one working day before such inspection is desired. (UBC Sec 108.3) 24-HOUR INSPECTION LINE 360-738-2520 EXPIRATION PERMIT EXPIRES: If work or construction authorized hereing has not commenced within 180 days or if 180 days has lapsed since last inspection. OCCUPANCY CANNOT OCCUR PRIOR TO FINAL INSPECTION SIGNATURE r DATE i 285 Whatcom County Planning and Development Services 5280 Northwest Ave., Bellingham, WA 98226 Phone: 360-676-6907 SFR2004-00426 4607 DEARBORN AVE FOR INSPECTION CALL: 24-HOUR INSPECTION HOT LINE: (360-738-252 INSPECTION REQUEST REQUIRE A 24 HOUR NOTICE O [F)%7 INSPECTIONS APPROVED DATE EROSION CONTROL SETBACK & YARDS1 POUR OK: FOOTINGS POUR OK: STEM WALL P - GROUND PLUMBING RADIANT HEAT TUBING MONOPOUR SLAB INSULATION OUR OK: SLAB FLOOR (OQ POST HOLE DEPTH Q ROUGH PLUMBING M - DUCTS M - ROUGH HVAC R - GAS PIPING & PRESSURE ROUGH FRAME - ROOF SHEATHING SHEAR NAILING INSULATE FLOORS WALLS 19 l CEILING (/ ALL WORK AND SYSTEMS ARE TO REMAIN ACCESSIBLE UNTIL APPROVED FOR COVER IMPORTANT NOTICE Occupancy of this building before all final inspections are made is a violation of the Uniform Building Code and is subject to penalties, COMMENTS FINAL INSPECTIONS FINAL FIRE INSPECTION ROAD / DRIVEWAY CHECKLIST FINAL INSPECTION APPROVED DATE APPROVED DATE January 14, 2013 v D Whatcom County Council 1AN 14 2013 Whatcom County, Washington WHATCOM COUNTY RE: Petition to Vacate Shipyard Rd Blaine COUNCIL Dear Councilmembers, My great grandparents immigrated to Whatcom County; the Gildays to Blaine in the 1800s and the Olsons to Ferndale at around the same time. Robert Gilday was mayor of Blaine in the mid 1800s and co-owner of Gilday Montfort Feed Store and the Olsons farmed on the Olson Road which bears their name. Both sets of my grandparents lived in Bellingham, on Park Street and Roland Street. They were business owners, active members of service groups, employees, good neighbors and active church members. Both my parents were born and raised in Bellingham, going to BHS and Western. My Dad played for the Bellingham Bells and went on to be a respected teacher and coach at Meridian High School. My Mom was active in PTA, March of Dimes, local politics and worked for Whatcom County Engineering for 20 years in the 60s, 70s and 80s. I work for the Whatcom County Library System, which, as you know, has an ethic of service to the community. I make mention of this family history not to suggest worthiness of consideration beyond what you would afford to any resident. I am, however, proud of my roots in Whatcom County and my family's stewardship and service to our community. I am the fourth generation of my family to live on the Shipyard Road property. It was left to me in 2001. The existing house was barely habitable and in 2004 we undertook to remodel it in the existing footprint, tearing down all the added -on structures - bedrooms, kitchen and laundry porch and rebuilding them to code, with all county permits, creating a small (1400 sq ft) energy efficient home. In 2006 we had a survey done to establish the borders NOT on the Shipyard or Dearborn rights of way and were given the shocking news that the newly remodeled house was on the right of way by several feet running at an arc through the entire home. At that time we talked to the Engineering Department and were told that it was not too uncommon an anomaly. We were advised that we could petition for a vacation, but that it probably wasn't necessary. At this point in time, it seems crucial to petition for vacation of enough area to create a small set -back from the house. We may have to sell the property in the foreseeable future and the obvious negative impact of the property lines would be a detrimental factor. Moving the house would be prohibitively expensive and perhaps impossible due to the melding of old and new foundations. The official petition shows the proposed new lot lines slightly missing the garage and house and mimicking the current curve of the road from Shipyard into Dearborn. At no point is the right of way less than 60 feet, which is the existing right of way for Dearborn Ave. Shipyard Rd has an existing 75 foot right of way which at no point is reduced by more than 7.5 feet. We would be amenable to negotiation on the actual new lot lines, reducing the square footage, or trading for area 287 elsewhere (i.e., Dearborn Ave). We are concerned only that the right of way not extend under our home. The "grandfathering" of a structure that has existed on the same footprint for over 100 years (since 1910) is a fuzzy area not well understood. Why the house was built on the right of way we will never truly know. While ignorance is no excuse, the remodel was undertaken without our being aware of the problem and I wonder how many people would think to survey before remodeling an existing home. Would you? I have spoken to County Engineer Joe Rutan who, because of Engineering guidelines cannot recommend this vacation. He did say, however, that if the petition were granted "no one would lose any sleep over it". I know that giving up any county land is not lightly considered. Shipyard Road, however, already HAS a 75 foot right of way. The house is 30 feet from the edge of Shipyard Rd so there is ample room for widening the road although it is not a thoroughfare and is used mainly by the few residents in my neighborhood and essentially dead ends at Dearborn Ave. As a taxpayer, fourth generation citizen, and steward of Whatcom County I would appreciate your careful consideration of this Petition to Vacate. I believe that no one would be harmed by granting it. Si erely, / Jayme Gilday Jean Allen Co -petitioners 4607 Shipyard Road Blaine, Washington WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-413A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DH 11/9/12 u 11 L� W � � 2 � V D 12/4/2012 Council/Intr Division Head. NOV 2 7 2012 WHATCOM COUNTY COUNCIL 1 15 2012 Public Hear Dept. Head q i� / f'Z 1/29/2013 Council Prosecutor: Ld " 1z Purchasing/Budget. Executive: Id-2-7/1 TITLE OF DO T. Resolution to sell Tax -Title property by negotiation to the City of Nooksack Reg. #TR2012-01 ATTACHMENTS: Map SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUA GE. The Property Management Committee determined the property be sold by negotiation as per R.C.W. 36.35.150(1); when the sale is to any governmental agency and for public purposes. Parcel No. 400429.334247.0000 / PID 139186 VILLAGE OF NOOKSACK TRACT E TWN 40N RGE 04E SEC 29 For no less than the principal taxes, interest, penalties, title search and foreclosure costs of $2,449.69 COMMITTEEACTION.• COUNCIL ACTION. 12/04/2012: Introduced 1/15/2013: Consideration postponed to January 29, 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 Coun � s website at: www.co.whatcom.wa.us/council. rig SPONSORED BY: PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION REQUEST NO. 2012-01 1 WHEREAS, RCW 36.35.120 allows the County to sell real estate acquired by tax 2 foreclosure where it is found to be in the best interest of Whatcom County to sell the 3 same; and, 4 WHEREAS, the Whatcom County Property Management Committee 5 recommends the resolution be passed to effectively meet the legal requirement for the 6 disposal by negotiation pursuant RCW 36.35.150(1) when the sale is to any 7 governmental agency and for public purposes. and, s WHEREAS, the Whatcom County Property Management Cornrnittee 9 recommends the Whatcom County Treasurer enter into negotiations the applicant; and, 10 WHEREAS, RCW 36.35.120 requires the Council to establish the minimum price i i for said unit of property; and, 12 WHEREAS, the Whatcom County Code as well as the state law allows the 13 County to reserve from the sale coal, oil, gas, gravel, mineral, ores, fossils, timber or 14 other resources if the Council finds that it is in the best interest to reserve these; and 15 WHEREAS, the principal taxes, title search and foreclosure costs, total $2,449.69 16 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the County to sell: 17 Parcel No. 400429.334247.0000 / PID 139186 18 VILLAGE OF NOOKSACK TRACT E TWN 40N RGE 04E SEC 29 i9 By negotiation for no less than 2 449.69. Page 1 290 20 BE IT FURTHER RESOLVED that said price shall not be allowed under contract 21 and shall be paid in either cash, certified check, or money order to the Whatcom 22 County Treasurer at the time of sale; and, 23 BE IT FURTHER RESOLVED that said parcel shall be sold subject to restrictive 24 covenants allowing for imposition of Community Association fees, if any, as set forth in 25 Whatcom County Resolution No. 88-37; and, 26 BE IT FURTHER RESOLVED that this sale transfers to the owners all coal, oil, 27 gas, gravel, minerals, ores, fossils, timber or other resources on or in said land and the 28 right to mine for and remove the same in conformity with zoning regulations in force and 29 effect; and, 30 BE IT FURTHER RESOLVED that the Whatcom County Treasurer is hereby 31 directed to sell such property at not less than a certified price and said sale shall take 32 place in accordance with the duties as established in RCW 36.35.120. 33 34 35 W, APPROVED this day of )2012. ATTEST: 37 Dana Brown -Davis, Council Clerk 38 APPROVE�AS O FORM: 39 40 Civi(-@6WyT_rc9&cv6ng Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Chair of the Council Page 2 291 PARCEL MAP Subject Parcel Tract E (4004293342470000) E. iv) R-61—S0 N 9% I x5,�LL 2 ; o" 3.46-A � -m£! `to - Z 25 x 4  -4 2-4 :„ a 23 K S `0i 6 X gbZo 22 `�► L- X ZlL� Z-� rA 3 1.43-'A aC 9 X oZ 13 �� y ? 6 $�4 2b1 10 18 �� x 131�3 I�15 X 3 ilA X (QZ 17A r,>� LOT UN Aod. r4a.i ® 12 1s 292 5 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 - 358 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Couty Coun 10/31/2012 1/16/2013 County Council Division Head: 1 / 29 / 2013 Council Dept. Head. - Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Annual Appointment to Council Boards and Commissions ATTACHMENTS: Vacancy list, applications SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action) COMMITTEE ACTION.• COUNCIL ACTION. 1/15/2013: Various positions appointed Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. 293 CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 (360)676-6690 (360) 738-4555 TTY WHATCOM COUNTY COUNCIL January 29, 2013 TO: All Whatcom County Council bers FROM: Jill Nixon, Administrative CI SUBJECT: Council -Appointed Citizen Board/Commission Vacancies The Council Office received applications for Board/Commission vacancies: COUNCILMEMBERS Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Pete Kremen Ken Mann Carl Weimer 1. Planning Commission - District 3 (Position A). At the January 15, 2013 meeting, the Council appointed J. Michael Zachary to this position. Mr. Zachary declined to accept the appointment (see attached). Requirements: Must reside in Council District 3 and be registered to vote in Whatcom County. Current applicant(s) for this position is/are: • Gerald Andrew Vekved 2. Noxious Weed Control Board - Weed District 1. Requirements: Must reside in the represented district and have ten signatures from registered voters in that district. Current applicant(s) for this position is/are: • Dale Yoder, incumbent 294 Jill Nixon - Whatcom County Planning Commission, Appointment From: "Zachary, Michael (Vancouver)" <Michael.Zachary@WorleyParsons.com> To: "bknutzen@co.whatcom.wa.us" <bknutzen@co.whatcom.wa.us>, "pkremen@co.whatcom.wa.us" <pkremen@co.whatcom.wa.us>, "kmann@co.whatcom.wa.us" <kmann@co.whatcom.wa.us>, "scrawfor@co.whatcom.wa.us" <scrawfor@co.whatcom.wa.us>, "cweimer@co.whatcom.wa.us" <cweimer@co.whatcom.wa.us>, "bbrenner@co.whatcom.wa.us" <bbrenner@co.whatcom.wa.us> Date: 1/17/2013 8:36 AM Subject: Whatcom County Planning Commission, Appointment CC: "rboxx@co.whatcom.wa.us" <rboxx@co.whatcom.wa.us>, "jvekved@anvilcorp.com" <jvekved@anvilcorp.com>, "Mike Zachary Omzacha@gmail.com)" <jmzacha@gmail.com>, "JLouws@co.whatcom.wa.us" <JLouws@co.whatcom.wa.us>, "Cynthia (Wood) Diederich (cwdiede@yahoo.com)" <cwdiede@yahoo.com> Dear Whatcom County Council I am both honored and humbled that you have selected me to join the Whatcom County Planning Commission. However, after many hours of reflection, I must turn down the appointment. Whatcom County is a special place. It was very evident, by the parade of citizens who provided commentary to you at Tuesday's Council Meeting (bless you all for your demeanor and patience...), that both pride and a strong sense of community is alive and well in Whatcom County. What also stuck me is the strong desire of the citizenry to remain, with careful but guarded development, a rural and agricultural community. I am a professional planner. As I discussed with Councilmembers Knutzen and Brenner, my forte is transportation and especially the movement of freight and the creation of economic clusters, most notably those of the "manufacturing and industrial center" designation based on the GMA. My most cherished accomplishment was being a major part in making the Port of Tacoma, Pierce County's "Economic Engine". The success factor was not the jobs or the dollars resulting from the Port's activities, but it was the community pride and interest the citizens of Tacoma and Pierce County took in the Port. They saw, and with proper planning and communication, the benefits that the Port brought to the community and how freight is a good neighbor. I was directly responsible for the creation, under the GMA, the CWPP and the Puget Sound Regional Council's Vision 2040, to designate two locations in Pierce County as Manufacturing and Industrial Centers. This is a huge part of "clustering" that goes way beyond residential and commercial and.provided State and Federal funding for roads (designated freight transportation corridors) and further economic development with the creation of jobs. While I strive to be part of the Whatcom County community (besides refereeing varsity football games on Fridays and Saturdays), I am new to the area. I bring many talents and expertise but I am, and will forever be considered in the eyes of the community, the "guy from Seattle". Councilmember Knutzen's comments, and ultimate vote, was my wake-up call. You really want and need someone who has been part of the community and will be here in the future to live through their planning efforts and decisions. I strongly recommend that you replace my position with Mr. Vekved, even if he went to Montana for schooling. With all of that said, and hoping you accept my recommendation, I would be honored to be of assistance to the Council and the Community by being a resource to the Commission and the Council. You know my expertise so please use me as an ex-officio member of any committee to provide support and expertise when and where needed, including any support you need in or for Point Roberts. 295 Thank you! Mike J Nic`taeCZac`tary, PE PPM Senior Project Manager WorleyParsons CCIP Project; Port Metro Vancouver Tel +1 778-945-5360 1 Mobile +1 778-223-0174 100 The Pointe, 999 Canada Place I Vancouver, B.C. V6C 3T4 I Canada M ichael.Zacha rvO—WorlevParso ns. com www.worleyparsons.com * * * WORLEYPARSONS GROUP NOTICE * * * "This email is confidential. If you are not the intended recipient, you must not disclose or use the information contained in it. If you have received this email in error, please notify us immediately by return email and delete the email and any attachments. Any personal views or opinions expressed by the writer may not necessarily reflect the views or opinions of any company in the WorleyParsons Group of Companies." 296 G�EcE vED JACK LOUWS COUNCILMEMBERS: County Executive ��� ��a JAN 0 8 2013 Barbara E. Brenner Sam Crawford r �4lHATCOM COUNTY Kathy Kershner Bill Knutzen � a2 COUNCIL Pete Kremen 9SHIN6� Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS I PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: ve raU '414 'et,l verve_ C Date: 5)13 Street Address: 5423 /t0d-sg w P1 City: 13/a]Ke_ Zip Code: JfZ.7® Mailing Address (if different from street address): Day Telephone: .3`6'"M-0701 Evening Telephone: Cell Phone: 340-WO-7m E-mail address: t)yekyed(? akvilue0o, Co&L 1. Name of board or committee -please see reverse: �lG�dll1%�t� C���ini�S/Oh 2. 3. 4. 5. 6. 7. You must specify which position you are applying for. Please refer to vacancy list. P-s r r r�&, 3 Yeemjerj..,�,,y., Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) -..... -._.-.........._...................- - - .... -- -- -- - - - - ----- (KyeS ( ) no Which Council district do you live in?---------------------------------------------------------( ) One ( ) Two '(.)Three Are you a US citizen?-------------------------------------------------------------------------------------- (',j'yeS ( ) no Are you registered to vote in Whatcom County?--------------------------------------------------------- (vjyes ( ) no Have you ever been a member of this Board/Commission?----------------------------------------------- ( ) yes (✓`no If yes, dates: Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ------------------------------- If yes, please explain: My 64gAj0yer �,5 wo%" 4" -fit_ eyunh'y ,k h(V_ ;OAi�_ ---- (Oyes ( ) no 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. a` / ace An),,f 2eA&P-4r , I u^feA ilk A Un) Wf wil-4 e6p&-1152 %h /�'��`9 . �1Ke/� Q9WDOVA ro taila.4 PI' LI LI W-AA - 1"i ri A to Delft &rd u `0) 191I Ye61,A4 64J 0Adr2 ,'_ A-h6& o6A4 , . #1971" StAk 01 II&VIli '__i 10. Please describe why you're interested in serving on this board or commission:..- n` a, c&vt 2red G%hZm A4 References (please include daytime telephone number): Oenn isG GiLw 3(rO - /32- /17 Signature of applicant: r� THIS IS A PUBLIC DOCUMENT: As a candidate fdr a public board or commission, the above information will be available to the County Council, County E ecutive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. 297 JACK LOUWS FE-5) U �/%JNCILMEMBERS: GoshU v L County Executive �P� coo arbara E. Brenner Sam Crawford JAN v 2013 Kathy Kershner Bill Knutzen �4Shr�NG�0z emen WHATCOM COUNTY Pete r nMann COUNCIL Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: -t�� �o Date:, Street Address: gow ✓^ City: ��/n�� Zip Code: 9�a� Mailing Address (if different from street address): Day Telephone: Evening Telephone: S LP�aS Cell Phone: E-mail address: o 4",-( .Cbo -- 1. Name of board or committee -please see reverse: 2. You must specify which position you are applying for Please refer to vacancy list. ko is �Qv.s Lc� G14�o��C 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.)-------------------------------------------------------- (Y) yes ( ) no 4. Which Council district do you live in? -------------------------------------------------------- ( ) One ( ) Two ( ) Three 5. Are you a US citizen?-------------------------------------------------------------------------------------- (Y-) yes ( ) no 6. Are you registered to vote in Whatcom County?--------------------------------------------------------- (X) yes ( ) no 7. Have you ever been a member of this Board/Commission?---------------------------------------------- (X) yes ( ) no If yes, dates: 2)� e."'''s 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ----------------------------------------- ( ) yes no If yes, please explain: 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. �ar rti e� 10. Please describe why you're interested in serving on this board or commission: To k-e-kp ' -k - CD "-A- K . `3'e_we- References (please include daytime telephone number): Signature of applicant: l__ THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. DATE: /� / 3 APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSION WHATCOM COUNTY NOXIOUS WEED BOARD I, o c",l le- qo�—eV— , seek the nomination of District 1 for the term of four years to the WHATCOM COUNTY NOXIOUS WEED BOARD. THE UNDERSIGNED NOMINATE --Dale— TO REPRESENT THE WHATCOM COUNTY NOXIOUS WEED BOARD, DISTRICT 1, FOR THE TERM OF FOUR YEARS. NAME ADDRESS (1 4; �, L0 CITY STATE ZIP 3 . �'hsjy� �. �� y✓t� � � rd D 7 F� //��` � �/�/� �'�1� lf//� �G 1�02 �! J 7 �w� 8. i o. , 299 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-073 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator: I t 112912013 Introduction Paula J. Cooper RE ((Vu � V LE D Division Head: Chris B eke " I J 212612013 Hearing Dept. Head: f1l 3 FrankAbart / JAN 2 2 2013 Prosecutor: bi 1i b l3 Dan Gibson WHATCOM COUNTY COUNCIL Purchasing/Budget: Executive: L L Jack Louws TITLE OF D 6OPWNT,• An Ordinance Finalizing A Revised System Of Assessment For Consolidated Drainage Improvement District No. 20. ATTACHMENTS. Proposed System of Assessment for Consolidated Drainage Improvement District No. 20. SEPA review required? ( )Fes (X) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( )Fes (X) NO Requested Date: 212612013 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. Qf 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 would adopt a revised system of assessment to provide revenue for Consolidated Drainage Improvement District No. 20. The revised system of assessment is similar to the current system; the assessment for each parcel is generally based on a combination of the relative ratio of benefit or use and the acreage within the District. Each property owner would pay a proportionate share based on the subsequent total benefit value within their individual parcels. The revised system is being proposed to enable automation of the annual assessment roll generation process and provide a more equitable assessment of benefits. 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.whatco,m.waus1council, WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR M Cc 3= ~< �9sHrnc.'��t MEMORANDUM TO: The Whatcom County Executive and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director FROM: Paula J. Cooper, River and Flo ager� Chris Brueske, Assistant Direct r RIVER AND FLOOD 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 Phone: (360) 676-6876, (360) 398-1310 www.whatcorncounty.us JAN 17 202 JACK LOU S COUNTY EXECUTIVE RE: Consolidated Drainage Improvement District No. 20 Assessment Revision DATE: January 17, 2013 Enclosed is an Ordinance titled Finalizing A Revised System Of Assessment For Consolidated Drainage Improvement District No. 20 for your review and signature, subject to a public hearing. ■ Requested Action The County Engineer respectfully requests that the County Executive and the County Council adopt an Ordinance revising the system of assessment for Consolidated Drainage Improvement District No. 20. District Supervisors are in support of the revised system of assessment for the District. ■ Background and Purpose This ordinance would adopt a revised system of assessment to provide revenue for Consolidated Drainage Improvement District No. 20. The revised system of assessment is similar to the current system; the assessment for each parcel is generally based on a combination of the relative ratio of benefit or use and the acreage within the District. Each property owner would pay a proportionate share based on the subsequent total benefit value within their individual parcels. The revised system is being proposed to enable automation of the annual assessment roll generation process and provide a more accurate and equitable assessment of benefits. The new system utilizes a benefit zone map developed to reflect the relative benefit based on soils and topography. In addition, a one acre minimum parcel size is being proposed to account for the increased runoff generated by higher density development. Please contact Paula Cooper at 50625, if you have any questions or concerns regarding this matter. Encl. I:\FLOOD\l 06 - Technical Assistance\Special Districts\Drainage\CDID #20 - Kamm, Mormon Ditches\Admin\2013 CDID#20 Re- assessment Documents\Memo Exec. -Co. Council - CDID20 Assess. Revision.docx 301 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 PROPOSED BY: PUBLIC WORKS SPONSORED BY: PUBLIC WORKS INTRODUCTION DATE: January 29, 2013 ORDINANCE NO. FINALIZING A REVISED SYSTEM OF ASSESSMENT FOR CONSOLIDATED DRAINAGE IMPROVEMENT DISTRICT NO. 20 WHEREAS, the governing body of Consolidated Drainage Improvement District No. 20, at the 2012 Annual Meeting for said District, supported revising the system of assessment for said District to improve the accuracy and equity of assessments; and WHEREAS, a revised preliminary system of assessment for Consolidated Drainage Improvement District No. 20 has been prepared by the County Engineer (see attached) and public notice has been provided, as required by RCW 85.38.160 (2); and WHEREAS, said system of assessment will improve the accuracy and equity of assessments; and WHEREAS, said system of assessment will improve efficiency by enabling the automation of the annual assessment roll generation process; and WHEREAS, a public hearing on said system of assessment was scheduled for and held on February 26, 2013. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the system of assessment for Consolidated Drainage Improvement District No. 20, prepared by the County Engineer and/or changed by the County Council, is just and equitable. Accordingly, the system of assessment, as attached, is hereby approved and finalized and the assessments set forth are hereby levied for each parcel of land in said District; provided that any parcel assessment that is less than the cost of billing and collection shall be cancelled if no other tax, fee, or assessment is levied against the parcel. Initially, the cost of billing and collection shall be deemed to be one dollar ($1.00) with any increase subject to agreement of the County Treasurer and County Engineer. ADOPTED this 26th day of February, 2013. ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: ". t Au Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHIINGTON Kathy Kershner, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 302 F Z W 2 N N W N Q LL O 2 W N N G W N a w IL yJ M M M O m V M n 0 m M O m N O N M O m O O m m m m m m m N N V O m m N O N O N O O O W Z p O Z O V co O N V N n O V M O M O N O N O N O O W O ?, W M CO G V 0 G M M N M G V LO CO C) V CV LO CO M 00 G C) G G G G C) G G G G G G G G G G O 0 0 0 0 LL O E9 EA E9 E9 E9 E9 E9 E9 E9 E9 E9 E9 EA fA 69, 04 ui to 69, 6� 66, 66, E9 E9 E9 E9 E9 E9 E9 E9 E9 E9 E9 E9 E9 E9 E9 E9 E9 E9 E9 E9 to E9 to to to Q w V y W LU OF a.y y C Q y O V o O r- 0 0 W W coo o O O O Co N N n m cM0 LO co V O W O O O O O O O O M pM O n O O O O O O O O O O am ll7 N ll7 ll7 W O W O V O O O 00 O O n f0 f0 pp V O O O O O O O O V f� O O O O O O f00 O O f0 q n W O O n O V m fO o "? �O v °? 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Head: Prosecutor: Z 114 Purchasing/Budget: Z 2. 3 Executive: TITLE OF DOC 013 Supplemental Budget Request #2 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 #2 requests funding from the General Fund. 1. To appropriate $421,473 in the Sheriffs Office to fund prepaid records maintenance system software maintenance contract. 2. To appropriate $240,162 in Non -departmental to fund additional transfer to Sheriff Records Management System Project Fund. From the Public Utilities Improvement Fund. 3. To appropriate $255,000 to fund PUD #1 water supply planning. COMMITTEE ACTION. • COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 312 SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DATE: 1/29/2013 ORDINANCE NO. AMENDMENT NO. 2 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 421,473 - 421,473 Non -departmental 240,162 - 240,162 Total General Fund 661,635 - 661,635 Public Utilities Improvement Fund 255,000 - 255,000 Total Supplemental 916,635 - 916,635 ADOPTED this day of , 2013. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPR ED AS TO M: ivil Deputy rosecutor Kathy Kershner, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2013_Suppl\Supplementa1 #2-2013.doc 313 WHATCOM COUNTY Summary of the 2013 Supplemental Budget Ordinance No. 2 Department/Fund Description Increased Expenditure Decrease (Increased) Revenue Net Effect to Fund Balance (Increase) Decrease General Fund Sheriff To fund prepaid records management system software maintenance contract. 421,473 - 421,473 Non -departmental o fund additional transfer to Sheriff Records Management System Project Fund. 240,162 - 240,162 Total General Fund 661,635 - 661,635 Public Utilities Improvement Fund To fund PUD #1 water supply planning 255,000 255,000 Total Supplemental 916,635 916,635 314 WHATCOM COUNTY �G0M `0o EXECUTIVE'S OFFICE 3sP County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 9Sh�NG�o MEMORANDUM To: Whatcom County Council Members From: Jack Louws, Whatcom County Executiv Subject: Supplemental Budget Requests for EDI Prgo, am funding Date: January 17, 2013 Jack Louws County Executive In 2011, the County Council approved EDI funding in the amount of $367,500 toward water supply planning in Whatcom County. Budget authority was approved at that time as well, however delays in establishing the scope of work have resulted in a delay in finalizing the Interlocal Agreement, which in turn has necessitated the requirement that we initiate a new request for this current budget cycle. An Interlocal Agreement between the County and Whatcom County PUD#1 will be presented to Council for approval at the February 12th meeting. At this time, we are attaching a Supplemental Budget Request that will accommodate the funding for a portion of the full scope of work through years 2013 and 2014. Your approval of this request will allow for funding upon Council's approval of the Interlocal Agreement. The funding source is the Public Utilities Improvement Fund. If you have any questions on this matter, please feel free to contact me or Chris Brueske at ext. 50693. /Attachment Office (360) 6 76-6 717 County (360) 384-1403 FAX (360) 676-6775 -rDD (360) 7A 55 Supplemental Budget Request Status: Pending Executive Supp'l ID # 1468 Fund 332 Cost Center 332221 Originator. Suzanne Mildner Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority Name of Request. PUD#1 Water Supply Planning x // �11-3 Department ead Si nat re (Required on Hard Copy Submission) Date Costs: Object 29� 7220 I 8351 Request Total 1a. Description of request. Object Description Fund Balance Intergov Subsidies Operating Transfer Out Amount Requested ($255,000) $125,000 $130,000 $0 EDI Program grant to Whatcom County PUD#1 and the County Health Department, for the development of long range water supply planning in Whatcom County. Prior approval was granted for this project, however delays in establishing the scope of work have necessitated this new request for the current budget cycle. The specific tasks for the project include updating the Coordinated Water System Plan related to domestic water use, developing a Water Supply Plan focused on agriculture and industry, convening a Water Users Group to advise the process, and conducting public outreach. Total approved grant award was $367,000, and current budget request is for $255,000, which is the estimated project cost for years 2013 and 2014. 1b. Primary customers: Whatcom County, the PUD#1, the cities of Whatcom County, water associations, etc. 2. Problem to be solved. There is a growing awareness that water supply and water security, including where and when it is needed, will be the economic driver in our region well into the future. Securing water for use by public agencies, private companies, farmers, fishers, and for our recreational purposes based on land use designations is the number one factor in matching land use and sustaining our economy. This project is also known as Objective #3 of the WRIA 1 Joint Board five year plan. The Whatcom County PUD#1 and the Whatcom County Health Department will both be responsible for completing the associated work tasks. 3a. Options /Advantages: The EDI Board previously determined that this project meets the objectives of the EDI program project guidelines, and has recommended approval of the grant funding. 3b. Cost savings: N/A 4a. Outcomes: A completed Coordinated Water System Plan and Water Supply Plan will provide a common understanding of water needs relative to current and future land use in Whatcom County. 4b. Measures: The Coordinated Water System Plan is projected to be completed by the end of 2014. The Water Supply Plan is projected to be completed by July 2017. The Water Users Group will be convened early in 2013 to advise the preparation of these documents. 5a. Other Departments/Agencies: Thursday, January 17, 2013 Rpt: Rpt Suppl Regular 316 Supplemental Budget Request Status: Pending Executive Supp7 ID # 1468 Fund 332 Cost Center 332221 Originator. Suzanne Mildner Whatcom County PUD#1 and Whatcom County Health Department 5b. Name the person in charge of implementation and what they are responsible for: Chris Brueske, Assistant Public Works Director, will be the contract administrator for work conducted by the PUD. John Wolpers, Environmental Health Manager, will administer work conducted by the Whatcom County Health Department. 6. Funding Source: Public Improvement Utilities Fund (EDI Program) Thursday, January 17, 2013 Rpt: Rpt Supp! Regular 317 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-049A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator., 613 1/18/13 FED W E C V E � p E D I� JAN 21- 2013 WHATCOM COUNTY COUNCIL 1/29/13 Introduction Division Head. 2 / 12 / 13 Hearin Dept. Head. Prosecutor: i Purchasin /Bud et: 1/18/13 Executive: - u-1 TITLE OF DOG61MT. Adopt a resolution to sell surplus property ATTACHMENTS: Resolutions & list of property to be declared surplus SEPA review required? ( ) Yes (x) NO SEPA review completed? ( ) Yes (x ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The attached list of equipment has been determined to be surplus and available for disposal by public auction or sealed bid. The Council may find by resolution, following a public hearing that it is in the public interest to sell the property. 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. 318 SPONSORED BY: PROPOSED BY: DATE INTRODUCED: RESOLUTION NO. A RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY PURSUANT TO WCC 1.10 WHEREAS, a public hearing was held on, , 2013 to discuss the sale of Whatcom County property; and WHEREAS, it was determined to be in the best interest of Whatcom County to sell the property listed in Exhibit "A" and such property shall be sold by public auction or sealed bid after February 2013, subsequent to compliance with the notice requirements of WCC 1.10.200: and NOW THEREFORE BE IT RESOLVED that the property listed in Exhibit "A" be sold at public auction or sealed bid after February 2012 pursuant to the notice requirements of WCC 1.10.200: and BE IT FURTHER RESOLVED that where there is no bid within the advertised terms the County may withdraw the property from sale, or if the County deems such action to be in the public interest, reject any or all bids either written or oral, and thereafter negotiate the sale of the property providing the negotiated price is higher that the highest bid at the public sale and that the public has notice by advertisement, under Section 1.10.200, and an opportunity to compete, through mailed bids, for the purchase by offer of a more favorable price APPROVED this day of , 2013 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair ATTEST: Dana Brown -Davis, Council Clerk A P VED - S TO ivi Deputy rosecuting Attorney 319 Exhibit A Surplus Equipment January 2013 GENERAL FUND --SURPLUS EQUIPMENT UNIT YR MAKE MODEL / DESCRIPTION DEPT PROPERTY TAG # COMMENTS 1 Bear Engine Analyzer #762 ER & R 7732 old technology, no longer useful 1 01 HP C4266A Printer Assessor 12533 wom out, too costly to repair 1 94 HP C2037A Printer Auditor 3526 wom out, too costly to repair 1 1 99 Ricoh 206214 Large Format Copier Public Works 11132 wom out, too costly to repair 1 05 Canon DR9080C Scanner Public Works 16141 wom out, too costly to repair 1 04 HP Q1324A Printer Health 15431 wom out, too costly to repair 1 98 HP C4119A Printer Health 1009 wom out, too costly to repair 2 01 Cisco 1720 Routers IT 11936,1193 7 wom out, too costly to repair 1 03 HP Q2425A Printer IT 14264 wom out, too costly to repair 1 03 Adtran 120206OLl Data Svc Unit IT 14268 wom out, too costly to repair 1 00 Proxima PROLS2 Projector Public Works 12103 no image 1 04 Narcotics K9 Dog Sheriff 16243 retired from duty 1 01 Canon 3170 Fax Treasurer 12110 too costly to repair 1 98? IBM 5262-001 Main Frame Printer Treasurer 14886 out dated tech, too costly to repair 1 03 HP Q2426A Printer Treasurer 14938 too costly to repair 1 02 Dodge Van 2B5WB35Z32115926 Corrections 8009 176,093 miles 1 91 Dodge Van 2B7KB31ZOMK46006 Corrections 8003 173,982 miles 1 91 Ford E450 Bus 1 FDKE30G2MHA98489 Corrections 8004 288,532 miles 1 91 Ford E350 Bus 1 FDKE30G8MHA96990 Corrections 8006 213,802 miles 1 02 Ford E450 Bus 1 FDXE45S32HB37421 Corrections 8015 180,403 miles 1 02 Ford E45013us 1FDXE45S52HB37422 Corrections 8016 194,244 miles 1 02 Ford E450 Bus 1 FDXE45S72HB37423 Corrections 8017 187,628 miles 1 90 Eagle Bus 6A11 LB090237 Corrections 8012 mileage unknown DESCRIPTION — Miscellaneous Non -Capital Small Tools & Equipment Miscellaneous wom or broken office equipment & furniture Miscellaneous wom or broken computer components Miscellaneous wheelchair lifts and seats and other parts that have been removed from the units acquired from WTA 320 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-075 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 01129113 Intro 02112113 Finance Division Head: Committee, Council Dept. Head: Prosecutor: Purchasing/Budget: 122 13 Executive: VLY ✓ 1,0 TITLE OF DO ENT: 2013 Project Budget Request #2 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.) 2013 Project Budget Request #2 requests funding from the Sheriffs Record Management System Fund. (1) To appropriate an additional $240,162 to complete the entire new Sheriff/Jail Records Management System acquisition project. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. 321 SPONSORED BY: linance PROPOSED BY: Executive INTRODUCTION DATE: 01/29/2013 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2012-054 ESTABLISHING THE SHERIFF'S RECORDS MANAGEMENT SYSTEM PROJECT FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR PHASE I OF THE SHERIFF'S RECORDS MANAGEMENT SYSTEM PROJECT WHEREAS, Whatcom County has previously appropriated $1,200,000 in a project budget for Phase I of the new Sheriff Records Management System (RMS), and WHEREAS, the selected vendor recommends doing the entire system at the same time instead of a phased approach, and WHEREAS, it is more efficient and cost effective to implement the Sheriff and Jail modules at the same time, and WHEREAS, it is estimated that this approach will save Whatcom County $136,000 in overall project costs, and WHEREAS, Section 6.80 of the Whatcom County Home Rule Charter allows for project - based capital budget appropriation ordinances that lapse when the project has been completed or abandoned or when no expenditure or encumbrance has been made for three (3) years, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the project budget for the Sheriff's Records Management System be increased by the following capital budget appropriation: Expenditures Revenues Net Effect Sheriff's Record Management System Fund 240,162 (240,162) ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk A P VED AS TOM: 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\Amendment to Sheriff'sRMSProject.doc 322 2013-076 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 0112912013 Introduction Originator: bb 1122113 0211212013 Finance Comm Division Head: bb 1122113 /Council Dept. Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF D T: AN ORDINANCE AUTHORIZING AN 1NTERFUND LOAN TO FINANCE A PORTION OF THE COST OF REPLACING THE SHERIFF AND JAIL RECORDS MANAGEMENT SYSTEM ATTACHMENTS: Proposed Ordinance SEPA review required? ( ) Yes (x ) NO Should Clerk schedule a hearing? ( ) Yes (x ) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance authorizes a $661,635 loan at 1% interest from the Whatcom County Road Fund to the General Fund. The loan finances a portion of the Sheriff and Jail records management system over 5 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.us/council. 323 I INTRODUCED BY: Consent 2 PROPOSED BY: Executive 3 DATE: January 29, 2013 4 5 ORDINANCE NO. 6 AN ORDINANCE AUTHORIZING AN INTERFUND LOAN 7 TO FINANCE A PORTION OF THE COST OF REPLACING 8 THE SHERIFF AND JAIL RECORDS MANAGEMENT SYSTEM 9 10 WHEREAS, on November 20, 2012 the Whatcom County Council approved ordinance 11 2012-054 establishing an $1,200,000 project budget for phase I of the Sheriff s Records Management 12 System Project; and, 13 14 WHEREAS, the selected vendor recommends doing the entire system at the same time 15 instead of a phased approach; and, 16 17 WHEREAS, it is more efficient and cost effective to implement the Sheriff and Jail modules 18 of the shared records management system at the same time; and, 19 20 WHEREAS, an additional $661,635 is needed to fund the project implementation and to 21 fund a long term software maintenance contract; and, 22 23 WHEREAS, the Whatcom County Road Fund has sufficient cash reserves to extend a loan 24 through December 31, 2018; and, 25 26 WHEREAS, Whatcom County's average rate of return on investments in the four quarter of 27 2012 was less than 1%; and, 28 29 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a loan 30 shall be made from the Road Fund (fund #108) to the General Fund (fund #001) in the amount of 31 $661,635 at a rate of 1% annual interest. The loan shall be repaid in equal installments of principal 32 and interest over five years. Payments will begin one year after the loan is disbursed from the Road 33 Fund. 34 35 ADOPTED this day of , 2013. 36 37 WHATCOM COUNTY COUNCIL 38 ATTEST: WHATCOM COUNTY, WASHINGTON 39 40 41 Dana Brown -Davis, Council Clerk Kathy Kershner, Council Chair 42 43 APPROVED as to form: () Approved () Denied 44 F 45 46 Randall J. Watts Jack Louws, Executive 47 Chief Civil Deputy Pros utor 324