Loading...
HomeMy WebLinkAboutPacket Jun 18 2013WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-215 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned. to: Originator: Ingrid Enschede �y > (� 6 / 18 / 2 013 Natural Resources " j� o _ - !l V !FF., Committee Division Head: Kirk Christensen o `7 Dept. Head: Frank / Abart Lj��/�!J q Prosecutor: g;' � p r A COM COUNTY Purchasing/Budget: � ® s � �� � (1 ! z• Executive: Jack Louws / i -h.3 TITLE OF D T: Birch Bay Watersre, Aquatic Resources Management District Program Update ATTACHMENTS: SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) COMMITTEE ACTION. COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.uslcouncil. WHA TCOM COUNTY COUNCIL AGENDA BILL No. 2013-146A CLEARANCES Initial Date Date Received in Council Agenda Date Assigned to: Office Originator: 0/3 F[-5) 6/18/2013 Nat. Res,. Division Head: JUN 1 1 2013 VVI'l ATC 0 M COUNTY Dept. Head: Prosecutor: PurchasinglBudget: COUNCIL - 1113 Executive: TITLE OF DOCUMENT.• Discussion regarding requested changes to Whatcom County Code 2.27A, Aquatic Invasive Species ATTACHMENTS: 1. Cover memo SEPA review required? ) Yes X) NO Should Clerk schedule a hearing ?( )Yes ( X )NO SEPA review completed? ) Yes NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCWor WCC as appropriate. Be clear in explaining the intent of the action.) Public Works has developed a conceptual approach that may address the County Council's requested amendments to the Aquatic Invasive Species ordinance. The attached memorandum summarizes the pertinent points of the approach. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.uslcouncil. WHATCOM COUNTY PUBLIC WORKS DEPARTMENT P`M c°aZ 3 Frank M. Abart Director IN G t MEMORANDUM To: Honorable Members of the Whatcom County Cou c 1, and The Honorable Jack Louws, Whatcom County E e Through: Frank M. Abart, Director Il c From: Chris Brueske, P.E., Assistant Direc�� Date: June 4, 2013==--'' Water Resources 322 N. Commercial Street, Ste 210 Bellingham, WA 98225-4042 Phone: (360) 676-6692 Fax: (360) 738-4561 Re: Amendments requested by County Council to Whatcom County Code 2.27A Aquatic Invasive Species The following memorandum outlines a proposed approach for modifying the Aquatic Invasive Species (AIS) ordinance that is intended to address the changes requested by the Whatcom County Council. Requested Action Public Works requests discussion and direction on the proposed approach outlined below. Background and Purpose At the May 7, 2013 meeting, the Whatcom County Council passed two motions related to the AIS ordinance: 1) A motion to request an amendment Ito the AIS ordinance] that can be implemented as soon as reasonably possible, to allow a one-time charge for boats used exclusively in Whatcom County. 2) A motion to request an amendment [to the AIS ordinance] to create a graduated fee structure, depending on the difficulty of inspection, for all boats that are not used exclusively in Washington State. Public Works has interpreted that these requested amendments are intended to 1) reduce the burden on Whatcom County boat owners who do not travel with their boats and therefore arguably pose a low risk of transmitting AIS, and 2) ensure that motorized boats are not charged disproportionately relative to canoes, kayaks, and other non -motorized craft. The motions as stated pose significant challenges in three areas: • Cost recovery: The one-time fees will greatly reduce funding for the inspection program. The funding deficit will not be offset by charging canoes and kayaks, if it is assumed that the motions also intend canoes and kayaks to be subject to a "one- time" fee. • Administration: It will be difficult and expensive to track and verify which boats are used "exclusively in Whatcom County" or "exclusively in Washington State," considering the thousands of boats (including kayaks, canoes, etc.) in Whatcom County and Washington State. Without verification, the AIS ordinance will not 3 Amendments to AIS Ordinance June 4, 2013 Page 2 meaningfully reduce the risk of transmitting AIS. It is also important to note that many of the species that the program is trying to keep out of Lake Whatcom are already present in other parts of Washington State. Enforcement: Public Works believes that enforcement of which boats have been used exclusively in Whatcom County or Washington State will be very difficult. We have requested input from the Sheriff's Department on this issue. Proposed Approach Given the cost recovery, administration, and enforcement challenges posed by the proposed amendments, Public Works has developed a recommended alternative approach that may meet the intent of the proposed amendments. The first component of the proposed approach is an online "AIS Education Card," analogous to the Washington State Boater Safety Card. Citizens will be able to log on to a website, complete an AIS education course, and take an AIS test. Once the test is passed, the citizen will receive an AIS Education Card. There would be no charge to take the AIS education course or to receive the AIS Education Card. The second component of the proposed approach is a revision of the AIS ordinance to incentivize acquisition of the AIS Education Card. Possible revisions to the AIS ordinance could include allowing citizens with an AIS Education Card to pay a one-time fee for their watercraft, to conduct self -inspections, to obtain multiple stickers for no additional charge, or to operate non -motorized craft without an inspection sticker. The exact revisions would be coordinated with the Whatcom County Council at a later date. If a boat owner does not obtain the AIS Education Card, then the original provisions of the AIS ordinance would apply to that individual; specifically, annual fees and mandatory inspections by County staff. The advantages of this approach include the following: • It will streamline the process and reduce costs for Whatcom County residents who arguably pose a low risk of transmitting AIS. • It will address the AIS risk posed by all watercraft, rather than only motorized watercraft. • It will accomplish the goals of inspection program as they were originally envisioned, that is, managing the AIS risk posed by the transport of watercraft. This risk management will be accomplished by education and outreach rather than by focusing on boat inspections. Finally, it is important to note that at this time, we do not know if the City of Bellingham will recognize the AIS Education Card for the purposes of launching a watercraft at Bloedel Donovan Park. Please contact Chris Brueske at extension 50693 if you have any questions regarding this information. M WHATCOM COUNTY COUNCIL AGENDA BILL No. 2013-110 CLEARANCES Initial Date Date Received in Council O tce Agenda Date Assigned to: Originator: SLKL 5/29/13 'I;^_ �.- LJ J U N 11 2013 W, ATCOM COUNTY COUNCIL. 6/18/2013 Nat.Resources Com. &c Council Division Head: Dept, Fiead: Itl" �C P Prosecutor: / Purchasing/Budget: A A e-b d 13 Executive: ` TITLE OF D . ResoluL—Lon accepting revised Agricultural Land Cover Analysis ATTACHMENTS: Memo; 2013 Land Cover Analysis update; Resolution 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.) Members of the Whatcom County Agricultural Advisory Committee and Planning & Development Services staff will update Council members on activities of the past couple years and present the revised Land Cover Analysis for consideration and acceptance through the proposed Resolution COMMITTEE ACTION. • COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: RES2009-040; RES2011-023 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 �o�o Planning &Development ServicesRFOAnVED 5280 Northwest Drive 4< Bellingham WA 98226-9097 360-676-6907, TTY 800-833-6384 N 360-738-2525 Fax MEMORANDUM JACK LOUWS TO: Honorable Whatcom County Council Members COUNTY EXECUTIVE CC: The Honorable Jack Louws, County Executive FROM: Samya Lutz, PlannerL-i.-' THROUGH: Mark Personius, Long Range Planning Manager tap DATE: May 29, 2013 SUBJECT: Discussion about Whatcom County Agricultural Advisory Committee activities and Agricultural Land Cover Analysis update The Whatcom County Agricultural Advisory Committee (AAC) meets regularly from approximately October through May each year, with staff assistance provided by Planning & Development Services. Their last meeting for the 2012-2013 meeting year was held on May 8. Staff and committee members would like to present an overview of AAC activities at the Council Natural Resources Committee meeting on June 18, including the recently updated Whatcom County Agricultural Land Cover Analysis. The Agricultural Land Cover Analysis contains a section specifically focused on the Rural Study Areas. Throughout the 2011-2012 meeting year, the AAC reviewed the Rural Land Study (published originally in 2007), and proposed revisions of the Rural Study Area boundaries. The updated Agricultural Land Cover Analysis depicts those revised areas, along with the land cover and parcel analysis associated with each area. A Resolution is included in your packet that would formally accept the Agricultural Land Cover Analysis. In brief, AAC activities over the past two years have included: • Continued focus on the Agricultural Strategic Plan implementation; • Subcommittee work focused on the Ag Parcel Reconfiguration tool, Right to Farm changes, Code Review, and the Ag-Watershed project progress; • Review of Rural Study Areas (delineated in 2007 Rural Land Study), including discussion and analysis of soils, parcelization, and land cover; • Building from revisions to Rural Study Area boundaries (adopted by AAC in April 2012), discussion of what heightened protection' could mean for these areas; • Discussion of Agricultural Protection Overlay strengths and weaknesses; • Decision to proceed with development of a new small lot agricultural zone to replace existing zoning in the Rural Land Study areas and to coincide with a recommended repeal of the Agricultural Protection Overlay district (see February 13, 2013 meeting notes for motion); • Discussion of the Agricultural Purchase of Development Rights program with members of the PDR Oversight Committee, and interest in coordinating with the Page 1 of 2 I Agricultural Advisory Committee, Activities Report Memo May 29, 2013 PDR committee on implementation of the core agricultural strategy (new RFP) with consultant assistance; • Decision to proceed with strengthening Right to Farm through recommendations for resident outreach, title company outreach, ongoing staff training, and specific changes to WCC 14.02.020 and .030 (see May 8, 2013 meeting notes for motions); and • Discussion in other various areas of interest to the County and AAC members related to agriculture. Please note that information and materials are regularly posted on the Agricultural Program website, including AAC meeting minutes, located here: http://www.whatcomcounty.us/pds/plan/ir/projects/agproaram/index.jsp. AAC and staff members look forward to discussing these issues with you during the Natural Resources Committee meeting on June 18. Feel free to contact Ed Blok, AAC chairperson, at 360-815-3169, or me at extension 51072, with any questions you may have. Page 2 of 2 7 PROPOSED BY: SPONSORED BY: Planning INTRODUCED: RESOLUTION NO. DECLARING ACCEPTANCE OF THE WHATCOM COUNTY AGRICULTURAL LAND COVER ANALYSIS, AND REVISION OF THE RURAL LAND STUDY AREAS BY THE WHATCOM COUNTY AGRICULTURAL ADVISORY COMMITTEE WHEREAS, agriculture is a major industry in Whatcom County with farm gate receipts of over $326 million annually; and WHEREAS, the Whatcom County Agricultural Advisory Committee (AAC) was established in 2001 to assist the County and make recommendations in the effort to establish, promote and implement a comprehensive agricultural program, among other things; and WHEREAS, through Resolution 2009-040, the Council accepted the AAC's 2007 Rural Land Study report, which recommended heightened protection for specific rural lands with strong agricultural values; and WHEREAS, through Resolution 2011-023, the Council endorsed the Whatcom County Agricultural Strategic Plan developed by the AAC, which laid out further strategies for reaching agricultural protection goals; and WHEREAS, since 2011, the AAC regular meetings have included implementation of the strategic plan and review of the Rural Land Study Areas; and WHEREAS, the AAC developed revised Rural Study Area boundaries and incorporated them into the updated 2013 Whatcom County Agricultural Land Cover Analysis, which was accepted with specific requested revisions by the AAC at their May 8, 2013 meeting; and WHEREAS, Planning and Development Services staff incorporated the AAC revisions into the Whatcom County Agricultural Land Cover Analysis, version 2.3, dated May 13, 2013; and WHEREAS, the AAC and Planning and Development Services staff are working together to develop recommendations for a new small lot agricultural zone as an option for consideration Page 1 in line with the Rural Land Study and the Agricultural Strategic Plan; and WHEREAS, the Whatcom County Agricultural Land Cover Analysis update provides analysis and background information on the updated Rural Study Areas, and other areas around the county with agricultural use, and will be used as part of the basis for developing future recommendations; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Whatcom County Agricultural Land Cover Analysis (dated May 13, 2013) is hereby accepted; and BE IT FURTHER RESOLVED that the analysis and mapping contained in the Whatcom County Agricultural Land Cover Analysis constitutes an update to the 2007 Rural Land Study by the Agricultural Advisory Committee. APPROVED this day of , 2013. ATTEST: Dana Brown -Davis, Clerk of the Council WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair APPROVED AS TO F RM: Roy ;_in m, Civil Deputy Prosecutor Page 2 9 WHATCOM COUNTY AGRICULTURAL LAND COVER ANALYSIS Planning & Development Services: Agricultural Program May 13, 2013 Version 2.3 — Includes revisions to Rural Study Areas and other updates as recommended by the Whatcom County Agricultural Advisory Committee 1.0 Project Approach 2.0 Project Results 2.1 Tables and Graphs 2.2 Map Series 10 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Acknowledgements "rhe Whatcom County Agricultural Advisory Committee (AAC), a volunteer citizen committee appointed by Whatcom County Executive Jack Louws, contributed to and reviewed this report. AAC members include: Ed Block (Chair), Dave Buys (Vice Chair), John Bayer, Lesa Boxx, Brian Cieslar, Mike Finger, Vicki Hawley, Larry Helm, Wesley Kentch, Leroy Plagerman, Debbie Vander Veen, Landon VanDyk, and Richard Yoder. -this report was written by Whatcom County Long Range Planning staff member Samya Lutz, with Geographic Information System analysis by Sarah Watts. Whatcom Farm Friends executive director Henry Bierlink, and Whatcom County staff members Mark Personius (Long Range Planning Manager), Peter Gill (Senior Planner), and Joshua Fleischmann (Planner) also contributed to the review and analysis contained in this report. Page 2 11 Whatcom County Agricultural Land Cover Analysis ! v.2.3 2013 Project Approach PURPOSE Whatcom County has a goal of retaining at least 100,000 acres of agricultural land. As county staff members work with the agricultural community and decision makers on strategies to ensure this agricultural land remains available for agricultural use, the need for accurate and reliable data is clear. Planning and Development Services staff have developed a repeatable methodology for measuring the quantity and type of agricultural land in and around areas of the county with a potential for long-term commercial agriculture use. This analysis is intended to supplement other data available on agricultural land in Whatcom County, The National Agricultural Statistics Service releases county -level data through USDA every five years; the most recent release of 2007 data was published in late 2009. The 2012 data has not yet been released. This USDA-NASS data includes the number of acres of farmland, and other statistical information, but is not geographically based. DATA AND METHODOLOGY The data used for this land cover analysis came from a variety of sources, accessed over time from July 2010 through July 2012. The bulk of the aerial inventory work was done during the first month of the project, and used May 2008 Pictometry aerial photos (oblique and 8-inch resolution ortho-corrected images). Later in the project, the Spring 2010 Pictometry aerial photos became available (same resolution) and were substituted for the earlier 2008 data. The inventory was checked for consistency with August 2010 National Agriculture Imagery Program aerial photographs, which offer a lower 1-meter resolution. The extent of the analysis was restricted to areas zoned Rural and Agricultural. Areas that may be in agriculture outside of these zones are not included in the mapping and analysis. Additional data layers were overlayed on the aerial images to determine land cover characteristics, conveyed in the following categories (defined in the next section): Farmland, active Farmland, fallow Farmland infrastructure Farmstead single family residence Woodland/forest or CREP Water/stream/lake/wetland Commercial/public/educational Multi-family/mobile home parks Page 3 12 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Single family residence Quarry Vacant Public roads are not included. Private roads are generally included as part of the residences or farm infrastructure. Pervious farm field roads are included in the surrounding farmland category. Land use data comes from the county Assessor's taxation records associated with a parcel's "land use code" and "building value" information. This land use information helped verify aerial categorization such as farmland infrastructure, residential uses, and commercial or public uses. In addition, county critical areas data and zoning categories are used. The analysis was updated in June 2011 to reflect rezoning as a result of Council Ordinance 2011-013 which affected about 16,000 acres of land across the county; roughly 5,000 acres of which were in rural and agricultural designations. This version was updated with a re -analysis of the agriculture zone and to reflect changes recommended by the Whatcom County Agricultural Advisory Committee to the Rural Study Area boundaries. Land analyzed includes lands in Agriculture, Rural 5 acre and Rural 10 acre zoning. Rural Study Areas are a subset of the Rural 5 acre and Rural 10 acre lands that the Whatcom County Agricultural Advisory Committee has delineated as critically important farmland areas due predominantly to their soils, agricultural viability, and location. Not all Rural 5 acre and Rural 10 acre lands in the county have been analyzed. Most Rural lands proximal to the City of Bellingham, and south of Van Wyck Road to the Skagit County line are not included, though the South Fork Valley of the Nooksack River is included. If incomplete, the percentage completion of the zone analyzed is included in the project results. Under Washington State's Open Space Taxation Act, Whatcom County offers an "Open - Space Farm and Agriculture" voluntary program that offers modest tax relief for property owners with agricultural land that meets certain criteria. This information is geographically - based, and information is available back to 1988. However, not all lands in agriculture are enrolled in the program, and the accounting might not accurately reflect productive agricultural land or keep up with the loss of that land from agricultural production in Whatcom County. DEFINITIONS The inventory of land cover does not necessarily equate to use. Even with the high resolution aerial data and the Assessor's use code data, it is impossible to have certainty that the land cover reflects a certain use. For example, what is inventoried as farm infrastructure might also include a building that is used as a single family home, or even one that is used for non -farm related commerce. What is included here represents an analysis of land cover, with categories assigned based on available data and reasonable assumptions. Page 4 13 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 The categories used throughout the analysis are defined as follows: Farms and, acUve -- consists of land covered in berries, crops, hay, pasture, nursery stock, and the like. Any land that appears to be actively maintained through mowing, plowing, tillage, or other means of maintenance is included. Farmland, fallow - consists of land covered with low overgrowth and appearing to be unmaintained, usually in close proximity to active farmland. These areas do not appear to be currently used for farming, but do appear to be easily convertible to active farmland. FarmUnd infrastructure -- consists of any structure, manure pond, staging or storage area appearing to be associated with farming activity, and usually in close proximity to active farmland. Farmland infrastructure may also include commercial activity directly associated with the farmland. Farnistead single faun ly residence .__ consists of any residence associated with farmland or farmland infrastructure. In some cases the residence is clearly separated from the farm's infrastructure and easy to delineate; in other cases the exact location of the residence is less clear and the location is estimated. Woodland forest or CREP -- consists of any treed area. USDA -MRCS Conservation Reserve Enhancement Program (CREP) enrolled areas are included in this category, reflecting a change in the coding between the 2011 analysis and 2013 update due to proprietary issues with the result that CREP data is no longer available to be shared with Whatcom County. Water/st;rearn/lake/wetland - consists of any visible water bodies, including major ditches. (In certain circumstances, small, immediately adjacent vegetated areas are also included.) Commercial/p�4blicdeducational -- consists of any public, utility, educational, or non -farm commercial use. This category includes schools, businesses, sub -stations, water storage, cemeteries, and the like; but does not include farm -related commercial activity. The raw GIS data codes commercial separate from public and utility uses, but these subcategories are combined in this report. Multi -fare ly/mobile hone parks - consists of parcels coded as duplex, tri-plex or greater, and established mobile home parks. Single family residence - consists of any residence not tied to an agricultural use, based on either a non-agricultural land use code or different ownership than adjacent agricultural land. If a residence is in the trees and boundaries are not easily seen, an area of approximately one acre is delineated for the homesite. Quarry. --consists of sand and gravel quarries and associated infrastructure. Vacant __ consists of any land that is cleared but unused, has derelict buildings, storage of cars or the like, or has no clear land use or cover. The reader is cautioned against using blanket statements that convey specific use assumptions as facts. The analysis contained here is a gross analysis of a broad area, and is intended to provide a reasonable baseline. Additional data can be overlaid to provide information on priority farmland protection strategies, and changes in land cover can be analyzed as well. Page 5 14 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 .0 Project Results II Tables and Graphs The following subsections use the categories defined in the previous chapter to characterize the land cover by area. The 'Quarry' and 'Vacant' categories are combined for ease of depicting the data. The broader category of 'Farms' is included here to incorporate the sum of the 'Farmland, active', 'Farmland, fallow', 'Farmland Infrastructure', and 'Farmstead Single Family Residence' categories; which are then detailed in subsequent charts or adjacent graphs. The areas analyzed are the Rural 5 acre (R5A), Rural 10 acre (1110A), and Agricultural (AG) zoning designations, including the specific Rural Study Areas within the R5A and R10A zones that were delineated by the Agricultural Advisory Committee (the delineated lands shown here are an update of the maps that are part of the Rural Land Study published in 2007, based on 2012 Agricultural Advisory Committee review and analysis). Within this broad area, an overlay zone —the Agricultural Protection Overlay —was analyzed separately for land cover characterization of the reserve tract areas that have been affected by APO land division actions. As noted in the previous chapter, not all Rural lands are analyzed; if incomplete, the percentage completion is shown on the individual zone pages. Here are the areas analyzed: AgHcuhw;;e zone -- consists of the land designated as Agriculture in accordance with Whatcom County Code 20.40, and the corresponding zoning map. Rural Study Areas (RSAs) -- consist of ten separate contiguous blocks of land within the R10A or R5A zoning designations with significant agricultural value. Rural 10 Acre (R1.OA) -_, consists of land designated as Rural with a 10 acre minimum lot size in accordance with Whatcom County Code 20.36, and the corresponding zoning map. Rural 5 Aare (MMA --consists of land designated as Rural with a 5 acre minimum lot size in accordance with Whatcom County Code 20.36, and the corresponding zoning map. Agrlcuftuire Protectlon Oveday (APO) reserve tracts - consists of land developed through the APO ordinance in accordance with Whatcom County Code 20.38, and specifically the reserve tract portion of the development set aside for agricultural use. Page 6 15 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 AGRICULTURE ZONE WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL AG - FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS zone GIS Land Cover Totals ' 11,185 2,326 330 23 899 659 68,790 84,211 (acres) Tablet- Agriculture Zone: All Land Cover Acreage ACTIVE FALLOW FARMLAND FARMSTEAD FARMS - Detail FARMLAND FARMLAND INFRASTRUCTURE RESIDENCE Land Cover Totals 62,468 2,104 2,889 1,329 (acres) ' "table 2. Agriculture Zone: Farm Land Cover Acreage Single Fam Vacant/ nuarry Multi-1 0° Comm / Publi Water 3% Figure 1. Agriculture Zone: Characterization by Percentage Land Cover Page 7 16 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 RURAL STUDY AREAS -rhe Rural Study Areas (RSAs) delineated by the Agricultural Advisory Committee in 2012 as an updated delineation to the 2007 Rural Lands Study maps, consist of ten areas with significant agricultural value within the R10A or R5A zoning designations, totaling 25,619 acres. Each study area has significant prime soils and farming operations. As noted in the original Rural Land Study, the determination of these RSAs should not be viewed as a basis to foreclose agricultural activities in other areas of the County, but rather to identify those lands that are critically important due to their soils, agricultural function, and location in proximity to the actively farmed land within Whatcom County. The location of the areas within the county is shown on the map below. I PUInI Rob°itnRT - ttMl s i r v. ...-..� i f t o l J If/ / 1 4 \ al� KLYItOUY+r _ �� Whatcom County -Rural Study Areas and Agricultural Zone p oi5,5 5 6 ALL RSAs WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL GIS FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS Acres Land Cover r Totals 6,945 577 218 32 1,684 483 15,679 j 25,619 (acres) Table 3. All RSAs: All land Cover Acreage ACTIVE FALLOW FARMLAND FARMSTEAD FARMS - Detail FARMLAND FARMLAND INFRASTRUCTURE RESIDENCE Land Cover Totals 13,638 512 714 816 (acres) Table 4. All RSAs: Farm land Cover Acreage Page 8 17 Multi- familx, Single Fam 0% Comm Publl WatE 2% Vacant/ Quarry 2°% Whatcom County Agricultural Land Cover Analysis v.2.3 " 2013 farmst�d 3°% Figure I All Rural Study Areas: Characterization by Percentage Land Cover Tables 3 and 4, and Figure 2 in this section depict the overall characterization for all of the Rural Study Areas together. Figures 3, 4, and 5 depict how the 25,619 acres within the ten RSAs are distributed in terms of comparative size, acreage, zoning, and soil categories. Overall, 11,384 acres (44%) carry R10A zoning, and 14,235 acres (56%) carry, R5A zoning. Rural Study Areas by percentage of total acreage South F 6% Minaker 1% Page 9 Figure 3. Whatcom County Agricultural Land Cover Analysis ! v.2.3 2013 Rural Study Areas by size and zoning (acres) TEN MILE SOUTH FORK t � -- - ; MINAKER LOOMISTRAIL i ❑ R10A LAWRENCE HARKSELL ® R5A GUIDE ALDRICH GRANDVIEW EAST BADGER r CUSTER Figure 4. Soils in the Rural Study Areas are predominantly suited to farming. Prime soils and soils of stateside importance are classified by the US Department of Agriculture (USDA) in coordination with state and regional offices. The following graph depicts the proportion of these agricultural soils within each Rural Study Area. TEN MILE SOUTH FORK MINAKER LOOMIS TRAIL LAWRENCE HARKSELL GUIDE ALDRICH GRANDVIEW EAST BADGER CUSTER RSAs by USDA soil categories (percentage area) 0% 20% 40% 60% 80% 100% Page 10 m PRIME Lq Statewide Important Other Figure 5. 19 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 The following separate subsections describe each individual Rural Study Area in more detail: Custer, East Badger, Grandview, Guide Aldrich, Harksell, Lawrence, Loomis Trail, Minaker, South Fork, and Ten Mile. In addition to the land cover characterization, the subsections provide information on soil types present as categorized by the US Department of Agriculture — Natural Resource Conservation Service. The number and size of parcels within each Rural Study Area is also presented. This parcel data comes from the Whatcom County Assessors office and does not necessarily reflect legal lots. In addition, the Assessors parcel data is drawn according to public lands surveys, and is not ground-truthed or precisely corrolated to aerial photographic data. That is why, in additon to the acreage categorized within various parcel sizes, there is also some acreage categorized as "outside parcel area;' this `extra' acreage reflects the areas falling outside parcel lines when the characterization and Assessor data sets are overlain. The parcel data is provided to complement the information portrayed on the associated maps. Page 11 NEI Whatcom County Agricultural Land Cover Analysis v.2.3 2013 il.STERRURAL5al pyAREA The Custer RSA is comprised entirely of Rural 10 Acre zoning. Seventy-two percent of the area within this RSA is categorized as having agricultural soils; with 1,419 acres of prime soils, and 63 acres of statewide important soils. The following tables depict the parcel breakdown by acres and number of parcels and the land cover characterization for this RSA. The map also depicts the land cover characterization, as well as the locations of short and long plat subdivisions on record. Parcel Breakdown Acres Parcel Breakdown No. of Parcels <5.00 Ac. 125 5.01-10.00 Ac. 393 10.01-20.00 Ac. 364 20.01-40.00 Ac. 485 >40.01 Ac. 696 Outside parcel area 3 2066 Table 5, Custer RSA: Parcel Breakdown by Acres <5.00 Ac. 48 5.01-10.00 Ac. 46 10.01-20.00 Ac. 26 20.01-40.00 Ac. 15 >40.01 Ac. 10 145 Table 6. Custer RSA: Parcel Breakdown by Nurnbnr of Parcels WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL GIS FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS Acres Land Cover t 1 557 62 4 0 36 9 1,398 2,066 Totals (acres) Table 7. Custer RSA: All Land Cover Acreage. ACTIVE FALLOW FARMLAND FARMSTEAD FARMS -Detail FARMLAND FARMLAND INFRASTRUCTURE RESIDENCE Land Cover Totals (acres) ; 1,245 59 48 46 Table 8. Custer RSA: Farm Land Cover Acreage Vacant/ Quarry Single �-- Resider Comm Publi Water 3% Figure 6. Custer Rural Study Area: Characterization by Percentage Land Cover Page 12 21 Whatcom County Agricultural Land Cover Analysis v.2.3 ! 2013 Custer Rural Zone: R10A Average Parcel Size = 14.23 acres 0 "O"MOA '"Ov Existing Single Family Residences: 96 try 00 'PA Study Area Potential Additional Development Rights: 113 DU ,�o,�,. �. a„„s,awr. ■nns Ewa °v°s�� zOIZ t� -, Land Use Characterization Farmland, Alive „"�� Lang Subdivisions Single Family Residence Farmland, Fallow 'Q4. \ Short Subdivisions Farmstead Single Famdy Residence WoodlandlForest % a Mulfi•FamdylMobde Home Park - Quarry Farmland Infrastructure Vacant `'hv QmnmeruaVPubbGF..AucalmnaVUtddy WaterlSlreamlLakerWefland Page 13 ecmuufn mmrw ro;� erarter�r Wcxrwm f y a+xztrixs rw' •+.n*M1 N .�q a x».».ay .. m ��.a rs>A.w a. wroM+wmeam++ eraAn �r� mn..weesna= oa+saAusaai arxs�aaa� �... nauVgarxa�.wr '� � . Rm vn,den mweas,aa �g December 2012 sews 22 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 FA The East Badger RSA is comprised entirely of Rural 10 Acre zoning. Ninety-nine percent of the area within this RSA is categorized as having agricultural soils; with 1,947 acres of prime soils, and 148 acres of statewide important soils. The following tables depict the parcel breakdown by acres and number of parcels and the land cover characterization for this RSA. The map also depicts the land cover characterization, as well as the locations of short and long plat subdivisions on record. Parcel Breakdown Acres Parcel Breakdown No. of Parcels <5.00 Ac. 64 5.01-10.00 Ac. 267 10.01-20.00 Ac. 692 20.01-40.00 Ac. 532 >40.01 Ac. 534 Outside parcel area 28 2117 Table 9. E.Badger RSA: Parcel Breakdown by Acres <5.00 Ac. 27 5.01-10.00 Ac. 32 10.01-20.00 Ac. 47 20.01-40.00 Ac. 18 >40.01 Ac. 10 134 Table 10. E. Badger RSA: Parcel Breakdown by Number of Parcels WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL GIS FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS Acres Land Cover 596 61 6 0 35 215 1,204 i 2 117 Totals (acres) 1 ' Table 11. East Badger RSA: All Land Cover Acreage ACTIVE FALLOW FARMLAND FARMSTEAD FARMS - Detail FARMLAND FARMLAND INFRASTRUCTURE RESIDENCE Land Cover Totals 1 1045 67 46 46 i (acres) I Table 12. East Badger RSA: Farm Land Cover Acreage Single Fam Multi -family Residence 2% 0% Comme Public Water 3% Figure 7. East Badger Rural Study Area: Characterization by Percentage Land Cover Page 14 23 E. Badger Rural Study Area Land Use Characterization Single Family Residence Farmstead Single Family Residence Multi-Family/Mobile Nome Park Farmland Infrastructure fj ComrnereiallPubhc/EducationallUahty Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Zone: R10A Average Parcel Size =15.59 acres P,. �o�" a c'^�+ Existing Single Family Residences: 69 w4��� P� Z��Z °Cl+ Potential Additional Development Rights: 113 DU -, Farmland,Active �,d`�x Long Subdivisions I Farmland, Fallow \° Shorl Subdivisions r Woodland/Forest Ouarry Vaeanl WatedStrea mlLa keNJefland Page 15 w. w+p.,nm.u�nrs cowsa,onne,ne aaya a December 2012� al: Whatcom County Agricultural Land Cover Analysis v.2.3 2013 G',,RANri:V' P a The Grandview RSA is comprised entirely of Rural 5 Acre zoning. Seventy-six percent of the area within this RSA is categorized as having agricultural soils; with 1,830 acres of prime soils, and 385 acres of statewide important soils. The following tables depict the parcel breakdown by acres and number of parcels and the land cover characterization for this RSA. The map also depicts the land cover characterization, as well as the locations of short and long plat subdivisions on record. Parcel Breakdown Acres <5.00 Ac. 726 5.01-10.00 Ac. 511 10.01-20.00 Ac. 559 20.01-40.00 Ac. 669 >40.01 Ac. 418 Outside parcel area 30 2913 Table 13. Grandview RSA: Parcel Breakdown by Acres Parcel Breakdown No. of Parcels <5.00 Ac. 239 5.01-10.00 Ac. 82 10.01-20.00 Ac. 37 20.01-40.00 Ac. 23 >40.01 Ac. 6 387 Table 14. Grandview RSA: Parcel Breakdown by Number of Parcels WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL GIS FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS Acres Land Cover Totals (acres) 684 56 15 0 190 12 1,956 ; 2,913 Table I.S. Grandview RSA: All Land Cover Acreage ACTIVE FALLOW FARMLAND FARMSTEAD FARMS - Detail FARMLAND FARMLAND INFRASTRUCTURE RESIDENCE Land Cover Totals 1,709 94 68 Y 85 (acres) Table 16. Grandview RSA: Farm Land Cover Acreage Multi- Vacant/ Quarry family Single Fam 0% 0% Residence „ 7%, jj( Public 1% Water 2% Figure 8. Grandview Rural Study Area: Characterization by Percentage Land Cover Page 16 25 Whatcom County Agricultural Land Cover Analysis v.2.3 : 2013 Grandview Rural Zone: R5A Average Parcel Size = 7.45 acres Existing Single Family Residences: 274 oep ocoM CO&r`, Study Area Potential Additional Development Rights: 325 DU �, ,,„,, maar,,,,v �;,,« ,,� ��.,°�� ZOIZ Land Use Characterization - Single Family Residence Farmstead Single Family Residence Mult,-Faintly/Mobile Home Park i Farmland Infrastnicture Coin meraaURublioEd ucalionaUUldrty Faimlond, Active z Long SuWvsions Farmland, Fallow `°��;Sbort Subdivisions ,$ Woodland/Forosl Quarry Vacant Wa ter/Stream/La keMlet I a nd Page 17 �auxr m.0 r f ra.,.u:ac eramm� - W+smm Gm«and.dgm.M�>++>«ftlev»�;r<,.rjs.'+.l mv+•:<:M - �. cxa meaau«c:�«.sa.�rncemw .««�sa«m �r.r-�;: Itte� R`iPs=. H bIA NRrtscb IG:aaktt Mnmd t@w:uA a*f �V. YII�.Nl xivaatM«Wi :m pt%¢eem �' December 2012 c%5 Servl` L, o,_ ut, 26 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 The Guide Aldrich RSA is comprised of 56% (2,555 acres) Rural 10 Acre zoning, and 44% (2,008 acres) Rural 5 Acre zoning. Ninety-six percent of the area within this RSA is categorized as having agricultural soils; with 3,843 acres of prime soils, and 561 acres of statewide important soils. The following tables depict the parcel breakdown by acres and number of parcels and the land cover characterization for this RSA. The map also depicts the land cover characterization, as well as the locations of short and long plat subdivisions on record. Parcel Breakdown Acres Parcel Breakdown No. of Parcels <5.00 Ac. 1005 5.01-10.00 Ac. 1130 10.01-20.00 Ac. 1006 20.01-40.00 Ac. 949 >40.01 Ac. 436 Outside parcel area 38 4564 'Table 17. Guide Aldrich RSA: Parcel Breakdown by Acres <5.00 Ac. 439 5.01-10.00 Ac. 160 10.01-20.00 Ac. 78 20.01-40.00 Ac. 31 >40.01 Ac. 7 715 Table 18. Guide Aldrich RSA: Breakdown by (Number of Parcels WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL GIS FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS Acres Land Cover ! 729 78 56 13 349 67 3,272 4,564 Totals (acres) 'Table 19. Guide Aldrich RSA: All Land Cover Acreage ACTIVE FALLOW FARMLAND FARMSTEAD FARMS - Detail FARMLAND FARMLAND INFRASTRUCTURE RESIDENCE Land Cover Totals 2,833 67 158.... - 214...0 (acres) Table 70. Guide Aldrich RSA: Farm Land Cover Acreage Vacant/ Quarry Single Fam Residence 8% Multi -family 0% _ Com P W at 2% Figure 9. Guide Aldrich Rural Study Area: Characterization by Percentage Land Cover Page 18 27 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Guide/Aldrich Rural Average Parcel Size R5A = 4.91 acres ,r, NlFnab Zone: R6A1R10A g a `Fn Existing Single Family Residences: 3031244 R10A = 8.27 acresaceo zolz °Ory�;sF Study Area Potential Additional Development Rights: 168 DU199 DU ,rsrp �rfz rr�„r�£r aaa $ Land Use Characterization ! Farmland, Active ,p`'/m Long Subdivisions � ewarrr �� sesrr erer ww. c r .+� aw•r a rwun a.vw Single Family Residence Farmland, Fellow yh*y� Shod Subdivisions mom+ "-, v.v`w. weir nw asareu wwna»nx,w.' °� ,. w iv n n v wn. r. rw Farmstead Single Family Residence lM1bodland/f%orasl n, �,s. oaw vsn samax..e ea ��wr y Multt-Family/Mobile Home Park :Quarry December 2012 �S SoNlco°'` Farmland Inirastrueture " Vacant n er^s on, oe• o r< CommercrallPUbkclEduo tionaUUhtily _ WateriStreamlLakeAMilland Page 19 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 The Harksell RSA is comprised entirely of Rural 5 Acre zoning. The following tables depict the parcel breakdown by acres and number of parcels and the land cover characterization for this RSA. The map also depicts the land cover characterization, as well as the locations of short and long plat subdivisions on record. Parcel Breakdown Acres Parcel Breakdown No. of Parcels <5.00 Ac. 1084 5.01-10.00 Ac. 909 10.01-20.00 Ac. 449 20.01-40.00 Ac. 667 >40.01 Ac. 213 Outside parcel area 51 3373 Table 21. Harksell RSA: Parcel Breakdown by Acres <5.00 Ac. 540 5.01-10.00 Ac. 140 10.01-20.00 Ac. 31 20.01-40.00 Ac. 24 >40.01 Ac. 4 739 Table 2.2. Harksell RSA: Breakdown by Number of Parcels WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL GIS FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS Acres Land Cover .... < < .•• . ,. „ „ �. _ ,. ,„ v,...-., Totals 870 48 21 12 396 40 1,986 ; 3,373 (acres) Table 23. Harksell RSA: All Land Cover Acreage ACTIVE FALLOW FARMLAND FARMSTEAD FARMS - Detail FARMLAND FARMLAND INFRASTRUCTURE RESIDENCE Land Cover Totals 1,664 78 125 119 (acres) Table 24. Harksell RSA: Farm Land Cover Acreage Vacant/ Quarry 1% Multi -family 0% Commercial/ Public 1% Water 1% Infrastructure 4% Figure 9. Harksell Rural Study Area: Characterization by Percentage Land Cover Page 20 29 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Harksell Rural Zone: R5A Average Parcel Size = 4.5 acres rv,"ORI Arb Existing Single Family Residences: 609 oQp8P1FOM CQG sys Study Area Potential Additional Development Rights: 257DU �,,,,,.�ar, ,,,,e,,,,1°r� �eW °�°a*� Land Use Characterization �` - Farmland. Active /f d Long Subdivisions �nuseAr mrs rxt mumrvsa nurgcxl- xx«wmt«Mvyseat»+m..w.ma+wot e..wroea,an.. drbdt Ntb'n av lm *sf ,aMk+.1W(fRenef9 +aimsfa � � Single Family Residence -- Farmland, Fallow '`,N Short Subdivisions N Farmstead Single Family Residence WoodlandlFmesl M aem:NA.n +arr,.t,+va�r re,m.,ar,.m amar.nae*raaaa wi=ruw tas+r, nn,avn nemx�rrm xrr Multi-Family/Mobile Home Park - Quarry arer. mw. m+wmm w�x.�:m� arm December 2012 �� sarvtwe' y Farmland Infrastructure + Vacant o 01:1 on oil o;. Commercial/Public/Educational/Utility Water/Stream/LakelWelland Page 21 30 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 The Lawrence RSA is comprised entirely of Rural 5 Acre zoning. The following tables depict the parcel breakdown by acres and number of parcels and the land cover characterization for this RSA. The map also depicts the land cover characterization, as well as the locations of short and long plat subdivisions on record. Parcel Breakdown Acres Parcel Breakdown No. of Parcels <5.00 Ac. 109 5.01-10.00 Ac. 89 10.01-20.00 Ac. 90 20.01-40.00 Ac. 126 >40.01 Ac. 61 <5.00 Ac. 48 5.01-10.00 Ac. 13 10.01-20.00 Ac. 6 20.01-40.00 Ac. 4 >40.01 Ac. 1 Outside parcel area 19 72 494 Table 26. Lawrence RSA: Breakdown by Number of Parcels Table 25. Lawrence RSA: Parcel Breakdown by Acres WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL GIS FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS Acres Land Cover Totals 108 10 16 0 23 3 334 494 (acres) Table 27, Lawrence RSA: All Land Cover Acreage ACTIVE FALLOW FARMLAND FARMSTEAD FARMS - Detail FARMLAND FARMLAND INFRASTRUCTURE RESIDENCE Land Cover Totals 300 4 13 17 (acres) Table 28, Lawrence RSA: Farm Land Cover Acreage Vacant/ Quarry Water 2% Figure 10. Lawrence Rural Study Area: Characterization by Percentage Land Cover Page 22 31 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Lawrence Rural Zone: R5A Average Parcel Size = 6.6 acres Study Area Existing Single Family Residences:" Potential Additional Development Rights: 59 DU Land Use Characterization ; Farmland, Active „ Long Subdivisions rf, ! Single Family Residence '.' Farmland, Fellow Short Subdivisions Farmstead Single Family Residence Woodland/Forest Multi •FamiI ylMobile Home Park !. Quarry Farmland Infrastructure i Vacant < CommerciaUPubliGEdtaationallUbhty t Water/Stream/Lake/Wetland Page 23 liif N+ b;UiAY tAa'Y�v S:,A INM YdryYe M! Ua R'} .+YS aYY .� wrYYenuY.Ymref.r�fre M �MpttYi�il Gn+Ip�an f,�jnex� HmWWaM December 2012 �I tNFoaat" rb PQ GOM co, *, 8 ew��y� P� ZOIZ ar� �e .V % $OrtitG� 0 oen;c aovs ou nmoa I Whatcom County Agricultural Land Cover Analysis v.2.3 2013 s . . , .. The Loomis Trail RSA is comprised entirely of Rural 5 Acre zoning. The following tables depict the parcel breakdown by acres and number of parcels and the land cover characterization for this RSA. The map also depicts the land cover characterization, as well as the locations of short and long plat subdivisions on record. Parcel Breakdown Acres Parcel Breakdown No. of Parcels <5.00 Ac. 985 5.01-10.00 Ac. 648 10.01-20.00 Ac. 690 20.01-40.00 Ac. 936 >40.01 Ac. 348 46 <5.00 Ac. 411 5.01-10.00 Ac. 96 10.01-20.00 Ac. 48 20.01-40.00 Ac. 34 >40.01 Ac. 6 Outside parcel area 595 3653 Table 30. Loomis Trail RSA: Breakdown by Number of Parcels Table 29. Loomis Trail RSA: Parcel Breakdown by Acres WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL GIS FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS Acres Land Cover 1,488 Totals (acres) FARMS - Detail Land Cover Totals (acres) Multi -family. 0% Commercial/ Public 0% Water-- 2% 82 11 5 ACTIVE FALLOW FARMLAND FARMLAND Single Fam esidence 8% 299 16 1,752 3,653 Table 31. Loomis Trail RSA: All Land Cover Acreage FARMLAND FARMSTEAD INFRASTRUCTURE RESIDENCE 1,508 61 79 104 Table 32. Loomis Trail RSA: Farm Land Cover Acreage .Vacant/ Quarry 1% Figure 11. Loomis Trail Rural Study Area: Characterization by Percentage Land Cover Page 24 33 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Loomis Trail Rural zone: R5A Average Parcel Size = 6.06 acres Existing Single Family Residences: 447 °Qpvp'com co" Study Area Potential Additional Development Rights: 334DU o.�.,�a�an-5�xwrraans*x mne seauvrui wrm r.r rouuwx& aienaasr tlw°�� z��Z yr�'Mt Land Use Characterization Farmland, Active Long submvisions �,, m �m a a M a ram.... ror a, Single Family Residence - . ---. Farmland. Fallow Short Subdivisions 'P' �' ""'tl ias°� �'"'t' ��a'�x+"'°'�" a�'+M*maaro.rb ai dNa r*^Eec M1tr mar. kn,®.o '•�x�= Farmstead Single Family Residence ._WoodlandfForest nmaca, rm.x.ms a.d rw�eraroum+mv Molb-FamilyfMobile Home Park . _._ i Quarry December 2012 s°rvtc0� Farmland Infiastweture vacant o a! oas r, s rs Commercial/PubliclC-ducatiomlfUa6ty WaterfStreamlbakelWetland �o Page 25 34 VVhatcnmCounty Agricultural Land Cover Analysis ' uZu 3013 The Minaker RSA is comprised entirely of Rural lOAzne zoning. The following tables depict the parcel breakdown byacres and number ofparcels and the land cover characterization for this RSA. The map also depicts the land cover characterization, as well as the locations of short and long plat subdivisions onrecord. Parcel Breakdown Acres ramers. M/naw',RSA: Parcel Breakdown uvAcres | ~i; oou, | in | Parcel Breakdown No. of Parcels Outside parcel area 11 283 33 n,ueao. Mmvke,RSA: Breakdown uvNumber mParcels muqEm COMrmsmCu\ MULTI- 8mGuspAM QuAmmv TOTALG|S FOREST COURSE /PuaUC pArm|Lr ms5|osmCs5 /VACAmT pAm,mS Acres Land Cover | 23 14 Z O 4 U 240 ' 283 Totals (acres) , | Table 35. Minake,RSA: All Land Cover Acreage ACTIVE R&0W FARMLAND FARMSTEAD FARMS 'Detail pAmrmLAmo FAmrmuumo |mFmASTmuCTums msS|osmCs —n- Cover Totals zzO O 14 16 | (acres) ' / Tablea6. Minmker RSA: Farm Land Cover Acreage Single Fam Residence 1% Commercia Public 1% VVate� 5% Figure 12. MinawsRural Study Area: Characterization by Percentage Land Cover 35 Minaker Rural Study Area Land Use Characterization Smgle Family Residence Farmstead Single Family Residence Mulln-FamilyWobile Home Park Farmland InOashudure commerciallPublicfHducational!Utility Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Zone: R10A Average Parcel Size = 12.26 acres Qa�r"Maa^rpy Existing Single Family Residences: 12 �o��P10 201z c& d` - Potential Additional Development Rights: 17 DU _R.«L��_3 •��-.1.,��� Farmland, Active -� Long Subdwislons u.awa.ar+vwn«r sm+e� Farmland, Fallow °a��'= Short Subdivisions 4y... pP p+ H+++Hb I w0 '• ®os. z,` Woodland/Forest Quarry December 2012 �Y3 gO tit` Vacant ;3,, P15 925 WaleuStream(I_akeNVetland k Page 27 36 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 The South Fork RSA is comprised of 1,412 acres total: 1,199 acres in Rural 10 Acre zoning, and 213 acres in R5A zoning. The following tables depict the parcel breakdown by acres and number of parcels and the land cover characterization for this RSA. This area is depicted in two maps — a north South Fork RSA, and south South Fork RSA — in order to reach the scale needed to convey the land cover characterization, as well as the locations of short and long plat subdivisions on record. Parcel Breakdown Acres Parcel Breakdown No. of Parcels <5.00 Ac. 221 5.01-10.00 Ac. 375 10.01-20.00 Ac. 492 20.01-40.00 Ac. 202 >40.01 Ac. 81 Outside parcel area 41 1412 Table 37. S. Fork RSA: Parcel Breakdown by Acres <5.00 Ac. 109 5.01-10.00 Ac. 52 10.01-20.00 Ac. 36 20.01-40.00 Ac. 7 >40.01 Ac. 2 206 Table 38. S. Fork RSA: Breakdown by Number of Parcels WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL GIS FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS Acres Land Cover 733 65 11 0 86 54 463 1,412 Totals (acres) 'Table 39. South Fork RSA: All Land Cover Acreage FARMS - Detail ACTIVE FALLOW FARMLAND FARMSTEAD FARMLAND FARMLAND INFRASTRUCTURE RESIDENCE Land Cover Totals 376 17 35 35 (acres) Table 40, South Fork RSA: Farm Land Cover Acreage Commercial/ Public 1% Water 5% Single Fam Residence 6% Vacant/ Quarry 4% Figure 13..South Fork Rural Study Area: Characterization by Percentage Land Cover Page 28 37 South Fork Rural Study Area - North Land Use Characterization Single Family Residence Farmstead Single Family Residence Multi-Family/Mobile Horne Park ;,5. Farmland Infrastructure Commercial/Public/Educational/Utility Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Zone: R10A Average Parcel Size = 9.9 acres pe°`11 p14% Existing Single Family Residences: 18 �uQ�p�cone CO`1 �a Potential Additional Development Rights: 11 DU 20l2 Farmland, Adrve , Long Subdlv-ons Famdand, Fall., 'Ip, " Shot Subdivisions Woodland/Forest Ouauy Vacant Water/Stream (Lake/ We II a nd Page 29 @$ Smrwtc� Decsmber 2012 o� on South Fork Rural Study Area - South Land Use Characterization Single Family Residence Farmstead Single Family Residence Multi-FamilyMobile Home Park Farmland lnfrastmclwe CoriirnerciaItPtibliclEdLicalionauuliiity Whatcorn County Agricultural Land Cover Analysis v.2.3 2013 Zone: R5AIR10A Average Parcel Size R5A = 5.33 acres Existing Single Family Residences: 24169 R10A=6.32 acres Icom Potential Additional Development Rights: 21 OU/52 DU e0fe Farmland, Active /,/Kl, Long Subd',Islols Farmland, Follow short subulviglung woodland/Forest Qua" December 2012 SON104, Vacant G 11 1.1s C 211, i) 71 1 Watef/61rearrikake/Welland Page 30 39 Whatcom County Agricultural Land Cover Analysis v.2.3 ! 2013 The Ten Mile RSA is comprised of 4,745 acres: 3,163 acres in Rural 10 Acre zoning, and 1,581 acres in Rural 5 acre zoning. The following tables depict the parcel breakdown by acres and number of parcels and the land cover characterization for this RSA. The map also depicts the land cover characterization, as well as the locations of short and long plat subdivisions on record. Parcel Breakdown Acres Parcel Breakdown No. of Parcels <5.00 Ac. 643 5.01-10.00 Ac. 1060 10.01-20.00 Ac. 704 20.01-40.00 Ac. 1260 >40.01 Ac. 957 Outside parcel area 121 4745 fable 41. Ten Mile RSA: Parcel Breakdown by Acres <5.00 Ac. 216 5.01-10.00 Ac. 156 10.01-20.00 Ac. 53 20.01-40.00 Ac. 46 >40.01 Ac. 17 488 'Fable 42. "fen Mile RSA: Breakdown by Number of Parcels WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL GIS FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS Acres Land Cover 11157 Totals (acres) 102 77 2 267 66 3,074 i 4,745 Table 43. Ten Mile RSA: All Land Cover Acreage ACTIVE FALLOW FARMLAND FARMSTEAD FARMS - Detail FARMLAND FARMLAND INFRASTRUCTURE RESIDENCE Land Cover Totals 2,746 65 128 134 (acres) Table 44. Ten Mile RSA: Farm Land Cover Acreage Single Fam Vacant/Quarry Residence Mult1% 6% i- family 0% Commercial/ Public 2% Water 2% Figure 14. Ten Mile Rural Study Area: Characterization by Percentage Land Cover Page 31 us] Whatcom County Agricultural Land Cover Analysis v.2.3 2013 IVIII IVIIIW 1[Uf411 curre:R.rvrcrvr Existing Single Family Residences: 1551195 �pejcQM �p'ts R10A = 11.61 acres . P o �d• Study Area Potential Additional Development Rights: 154 DUM60 DUwra�r Land Use Characterization Farmland,Active n Long Subdivisions WNnBM wr'q t� rhia�wB neuHl '. ;Single Family Residence ' Farmland, Fellow 4;�y'`* Short Subdivisions a eo,.n,e.w xr.w ee � ?�����TM ��� a � � N a arc�u'wi.mwr 'w'w.caw Farmstead Single Family Residence-Woodland/Forest m. �a +k Multi-Family/Mobile Home Park ..__ Quarry December 2012 $'v%co x.. Farmland Infrastructure Vacanl ru!�n f CommercraUPublte/EducationaUUkrily , Waler/Stream/LakeMhtland _ Page 32 41 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 RURAL 10 ACRE — LAND COVER ANALYSIS The Rural 10 Acre zoned areas of the county that do not lie inside a Rural Study Area are characterized here. This analysis is based on 99% completion of the characterization in all R10A areas. WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL GIS FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS Acres Land Cover 9,823 237 696 4 900 4554 5,103r 17,218 Totals (acres) Table 45. R10A Zone outside RSAs: All land Cover Acreage ACTIVE FALLOW FARMLAND FARMSTEAD FARMS - Detail FARMLAND FARMLAND INFRASTRUCTURE RESIDENCE Land Cover Totals J3,907 761 174 261 (acres) Tab€e 46, R10A Zone outside RSAs: Farm Land Cover Acreage Commercial / Public 4% Water 1% Multi -family Single Fam 0% Residence 5% Figure 15. Rural 10 Acre areas outside RSAs: Characterization by Percentage Land Cover Page 33 EVA Whatcom County Agricultural Land Cover Analysis v.2.3 2013 RURAL 5 ACRE — LAND COVER ANALYSIS The Rural 5 Acre zoned areas of the county that do not lie inside a Rural Study Area are characterized here. This analysis is based on 83% completion of the characterization in all R5A areas, as described in the first chapter. WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL GIS FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS Acres Land Cover Totals 29,187 1,014 567 96 5,151 1,671 20,116 57,802 (acres) Table 47. RSA Zone outside RSAs: All Nand Cover Acreage ACTIVE FALLOW FARMLAND FARMSTEAD FARMS - Detail FARMLAND FARMLAND INFRASTRUCTURE RESIDENCE Land Cover Totals 16,051 1,944 772 1,349 (acres) Table 48. RSA Zone outside RSAs: Farm Land Cover Acreage Commercial / Public 1% Water 2% Multi -family Single Fam 0% Residence 9% Vacant/ Quarry 3% Figure 16. Rural 5 Acre areas outside RSAs: Characterization by Percentage Land Cover Page 34 43 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 AGRICULTURAL PROTECTION OVERLAY RESERVE TRACTS — LAND COVER ANALYSIS Agricultural Protection Overlay (APO) reserve tracts consist of land developed through the APO ordinance in accordance with Whatcom County Code 20.38, and specifically the reserve tract portion of the development set aside for agricultural use. Based on analysis by WWU students' and verified by county GIS analysis, APO cluster short plat reserve tracts were identified and overlain on the land cover categorization. This data is taken from sixty APO short plats representing 1,566 acres. The percentage of this total APO short plat acreage set aside as reserve tract (as opposed to residential) acreage is 74%, or 1,158 acres as detailed below. WATER COMMERCIAL MULTI- SINGLE FAM QUARRY TOTAL GIS FOREST COURSE /PUBLIC FAMILY RESIDENCES /VACANT FARMS Acres Land Cover 412 26 0 0 i~ 1 25 8 687 1,158 Totals (acres) Table 49. APO Reserve Tracts: All Land Cover Acreage ACTIVE FALLOW FARMLAND FARMSTEAD FARMS - Detail FARMLAND FARMLAND INFRASTRUCTURE RESIDENCE Land Cover Totals 622 20 25 20 (acres) Single Fam Residence 2% Vacant .1% Table 50. APO Reserve Tracts: Farm Land Cover Acreage Figure 17. APO Reserve bracts: Characterization by Percentage Land Cover 1 Database from WWU identified clustered residential parcels and not the reserve tract portion specifically. Analysts used best judgment in determining Reserve Tract location where questioned. In one case, two neighboring short plats share a reserve tract. (2012) Page 35 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 This page is intentionally blank Page 36 45 Whatcom County Agricultural Land Cover Analysis v.2.3 ''" 2013 2.2 Map Series The following maps depict the land cover characterization by the categories defined in the first chapter, as shown in the legend. This legend is repeated later on its own page for ease of use. While the tables and figures in the previous chapter grouped some of the land use categories, the maps retain them as separate categories. It is important to note that these maps depict the land cover characterization at a point in time. Some analysis is not complete due to the differentiation of the land cover in those areas, or the relative lower priority of those areas for commercial agriculture protection. Where zoning designations are depicted, the land cover analysis has not been done. The urban and more intensely developed small town areas of the county are not intended to be analyzed, as they are not high priority areas for the protection of long term commercial agricultural operations. The first map shows the entire county.2 In order to better see the characterization, the next maps depict larger scale subareas of the county, by number, as labeled on the key. Legend Rural Study Areas Land Use Single Family Residential Farmstead SFR s Multi Family SFR/Mobile Home Park Farmstead Infrastructure CommercialtPublic/Education Farmland, Active Farmland, Fallow WoodlandtForest Quarry Vacant Wa ter/Strea m/ Wetl a n d/La k e Zoning Designation Agriculture Rural (10) Rural (5) The Rural Study Areas are outlined in orange on the maps. Refer to the map on page 7 to see the location of the RSAs by name in relation to one another. A full size map is available on the County's Planning and Development Services web site here: http://www.whatcomcounty.us/pds/gis/index.jsp. 2 For purposes of this report, the 'entire county' consists only of the western portion of the county governed locally, not the eastern mountainous portion that is federally owned and managed. Page 37 �i 47 C O U m C- 9 N a Q W z a z W D cr W In m H 0 W a a z D 0 ; v n+ ' f , �? W r � Q � yr .2 ' Z W C _.. Q W W U Ca M . � wr cn Qa >> IV N =. AREA MAP 1 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Page 40 i • AREA MAP 2 Whatcom County Agricultural Land Cover Analysis I v.2.3 2013 Page 41 50 AREA MAP 3 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Page 42 51 AREA MAP 4 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Page 43 52 AREA MAP 5 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Page 44 53 Whatcom County Agricultural Land Cover Analysis ! v.2.3 2013 AREA MAP 6 RIBA R6A ` Glad ■ l r 1 l -, 'R511 IOA 1 4 f R10A µ A 1-45 J,��~ 1 1 <;y _ q 1 Page 45 54 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 AREA MAP 7 A � , R10 FERNDA EtA Mari St 4 RA i AAJ l At3" Y"5bN4a� . ^p Page 46 55 AREA MAP 8 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Page 47 56 AREA MAP 9 EVE Whatcom County Agricultural Land Cover Analysis v.2.3 , 2013 � F 5A s ■ .� f.. e e r L .,.wn �r " t li®i®YY WA��ii6N�Y'i®l /�r�'/�6N WAs��� 5 1 Page 48 57 AREA MAP 10 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 Page 49 Whatcom County Agricultural Land Cover Analysis v.2.3 2013 MAP LEGEND — LAND COVER CATEGORIZATION AND ZONING Legend m f D Rural Study Areas Land Use Zoning Designation Agriculture Rural (10) Rural (5) Page 50 59 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-183 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 0412912013 Iff - l r� [ C LC_-. Il �/ �F_ ��.) MAY 14 2013 ' f Go 1 COUNTY COUNCIL 0611812013 F rviceslComin Services Committee Division Head: Dept. Head: 0412912013 Prosecutor: Purchasing/Budget: Executive: TITLE OF D NT. Annual presentation from the Washington Counties Risk Pool ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a !tearing? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is a n 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) 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. 61 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-206 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: originator. 5/23/ 13 ICE, i� ft � D MAY 282013�p tot ATCO COUNTY COUNCIL - 6/04/ 13 Intro. Division Head: 6/18/13 Finance /Count Dept. Head: Prosecutor: % Purchasin /Bud et: 5/23/ 13 Executive: S /,, ~l 0<3 TITLE OF nOCLIMENT. Ordinance revising Whatcom County Code WCC 3.08, Purchasing System ATTACHMENTS: Ordinance & Memo SEPA review required? ( ) Yes (x) NO SEPA review completed? ( ) Yes (x ) NO Should Clerk schedule a hearing ? (. ) Yes (fL) 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 ordinance clarifies the purchasing process and updates the purchasing thresholds to the limits allowed by state law and increases the dollar value of contracts that may be approved administratively. COMMITTEE ACTION: COUNCIL ACTION: 6/04/2013: 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: .co.whatcom.wa.us/council. 62 WHATCOM COUNTY ADMINISTRATIVE SERVICES Brad Bennett, Finance Manager Memorandum To: Jack Louws, County Executive f From: Brad Bennett, Finance Manager° Date: May 2, 2013 Re: Update to WCC 3.08 Purchasing System FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham, WA 98225-4082 The attached ordinance makes several updates to WCC 3.08 Purchasing System. The intent of these updates is to achieve greater administrative efficiency through clarifying purchasing processes, updating purchasing thresholds to the limits allowed in state law and increasing the dollar value of contracts that may be approved administratively. There were 119 purchasing related agenda items in 2012, 66 bids, 18 sole sources awards, and 35 state contract / interlocal agreement awards. All of these agenda items were approved by the County Council, 112 were approved unanimously. If the administrative authority to award contracts was increased to $100,000 from $15,000 for professional services and $35,000 for bids, 77 of the 119 agenda items or 65% could have been approved administratively. If the threshold for requiring a bid were increased from $10,000 to $25,000 for a non-public work and $40,000 for a public work the number of bids based on 2012 would have decrease 19% to 53 from 69. The bid process takes between six and eight weeks from advertisement to award. Increasing the bid limit will save staff time. Another consideration is that it is getting increasingly more difficult to get contractors bid on small projects. We requested county departments to estimate the time savings their department would realize from the proposed changes to the purchasing code. The estimated savings in staff time organization wide was 4,200 hours which equates to approximately $176,000 in staff time. Based on the departmental responses I received, county departments support these changes and are universally enthusiastic about the potential for increased staff productivity. 63 1 2 3 4 5 6 7 8 9 10 11 12 13 INTRODUCED BY: Consent PROPOSED BY: Executive DATE INTRODUCED: June 4, 2013 ORDINANCE NO. AN ORDINANCE AMENDING WCC 3.08, PURCHASING SYSTEM WHEREAS, Washington State has updated the laws governing county purchasing activities, and WHEREAS, Whatcom County has generated cost savings by eliminating functions which formerly were components of the purchasing system, and 14 WHEREAS, the County wishes to achieve greater administrative efficiencies through 15 clarifying purchasing processes, updating purchasing thresholds to the limits allowed in state law 16 and increasing the dollar value of contracts that may be approved administratively, 17 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that 18 Whatcom County Code 3.08 is amended to read, in its entirety, as set forth in the attached 19 Exhibit A. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Adopted this day of ATTEST Dana Brown -Davis, Clerk of the Council A PROVED AS TO FORM Civil Deputy Prosecutor 2013 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Chairperson Jack Louws, County Executive ( ) Approved Date Signed: _ ( ) Denied • " L:n-M M-11 Sections: 3.0&010 Purpose. 3.08,020 Administration. 3.08.030 Authority and functions. 3.08.040 Price quotations. 3.08.050 Deleted Vendor lists 3.08.060 Bids and proposals required. 3.08,070 Contractor's bond required for public works. 3.08,080 Labor and material claims. 3.08.090 Bid specifications, deposits and awards. 3.08.095 Small works roster contract award process. 3.08.100 Council approval required. 3.08.110 Unregistered or unlicensed contractors prohibited. 3.08.120 Joint purchasing. 3.08.130 Amendments to chapter. 3.08.140 Severability. 3.08.010 Purpose. It shall be the purpose of this chapter to establish a purchasing system to work with all county departments, agencies, boards and commissions, and other operations of the county to ensure efficiency in procurement of supplies and equipment of the necessary quality at the lowest possible cost; to ensure compliance with purchasing statutes, regulations, policies and procedures; to ensure efficient utilization of county property, new and used; and to minimize employee time devoted to purchasing functions. (Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord, 93-042 Exh. H). 3.08.020 Administration. The director of the administrative services department shall have full authority and responsibility for the operation of the purchasing system under the direction of the county executive. (Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.030 Authority and functions. A. The authority to recommend and implement administrative policies and procedures that provide a comprehensive basis for purchasing functions shall fall under the purview of the purchasing system. B. The following responsibilities shall be coordinated through the purchasing system: 1. Continue to improve services to departments and agencies in the area of purchasing. 2. Develop automated requisition and reporting systems. 65 3. Improve purchasing productivity and control for all departments. 4. Standardize high volume purchases. 6-5. Develop efficient policies and procedures for acquiring goods and services. 7 6. Implement inventory controls and minimize costs of goods and services. -9 7. Prepare and make available to all departments standardized forms for requisitions, vouchers, inventories and any other form required for county operations. 4-0 8. Assign purchase order numbers for the acquisition of wherein the GeuRty aGqu'FeS supplies, materials, equipment, tools, services, rental of personal property, professional services OF GeRtraGt rights in preperty and contracted public works exceeding $2,500. 44 9. Annually publish OR a ReWSPa198F of general &GUlatien within WhatGern County a net'Ge of the existence of vendor lists. SGIiGit the names Gf vendors fGF the . Maintain vendor list pursuant to RCW 39.04.190 44 10. Whenever practically possible, contact at least three vendors to assure competitive pricing. 45 11. GtheFw'se pFevided by law, shall be responsible fer the review and approval 0 Review and approve bid specifications and the preparati prepare invitations to bid pursuant to provisions set forth in this chapter. 46 12. Bids shall be GheGked Check bids for accuracy and/er compliance with specifications and invitation to bid. 47 13. Make bid recommendations on all awards to the county executive. 4-8 14. Perform such other duties as may be required to further the purposes of this chapter. (Ord. 2007-004 Exh. A; Ord. 97-034 Exh, A; Ord. 93-042 Exh. H). 3.08.040 Price quotations. •• Whenever practical possible, price quotations from at least three vendors shall be solicited for Gc)ntraGts arld purchases oF leases of supplies, materials er equipmen the acquisition of materials, supplies, services, tools, equipment or rental of personal property involving amounts greater than $5,000 but not exceeding $10,000 $25,000 in a single transaction. -three price quotations will also be obtained for all contracted work constituting a public work not exceeding $40,000. Quotations for architects and engineers are subject to the requirements of RCW Chapter 39.80. Records of all quotations obtained shall be maintained and shall be open to public inspection. Bids submitted periodically for the roster of rental equipment with operators may be used as the source of quotations for public works projects not exceeding $40,000. (Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.050 Vendor lists. Whatcom County will maintain a vendor list pursuant to RCW 39.04,190 Deleted by Ord. 97-034. (Ord. 93-042 Exh. H). 3.08.060 Bids and proposals required. Bids or pFopesals must be submitted in response te Gpedf'GatioRs and invitations tG bid f or more eXGept as fGllGW6: Awards of contracts for the acquisition of materials, supplies services, tools equipment or rental of personal property and professional services for a non-public work involving amounts exceeding $25,000, or for a public work exceeding $40,000, will be based upon bids or proposals received in response to specifications and invitations to bid, except as follows: D A. Sole source purchases shall not be required to go through competitive bidding. A purchase may be determined to be sole source by the county executive or designee when the bidding process would be futile because only one bidder could respond to the invitation. 67 B. In the event of an emergency when the public interest or property of the county would suffer material injury or damage by delay, upon an order of the county executive declaring the existence of such emergency and reciting the facts constituting same, the requirements governing competitive bids with reference to any purchase or contract may be waived pursuant to RCW 36.32.270. C. Public works projects involving funds not exceeding the amount allowed in RCW 39,04,155, Small works roster contract procedures — Limited public works process, or any successor statute, may be completed utilizing the small works roster contract award process. (Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). D. Acquisition is from another public entity. E. Contract does not require use of county funds. Proposals from architects and engineers are subject to the requirements of RCW Chapter 39.80. 3.08.070 Contractor's bond required for public works. Whatcom County shall comply with the requirements of RCW 39.08.010 and-withA. The r--ounty shall require fmm a SUGGessful bidder a GentraGtor's bend in the amount the GGndiflens impesed by law. •: 3.08.080 Labor and material claims. Labor and material claims shall be filed pursuant to RCW 39.08.030 A. NC)tiGe Required te GFeate Lien Against Retainage. Every persGn perfermiRg labor er furnishiRg than fer prefessional seFViGes shall have a lien upon the retainage reserved; provided, sw n(AGe of the lien Of SUGh Gla'mant has been given in the manner and within the time provided in R-G�9-}8-09�.as new existing and in aGGGrdaRGe with any amendments that may be made thereto 3.08.090 Bid specifications, deposits and awards. A. In developing specifications for bids or proposals, all reasonable efforts shall be made to ensure that a variety of vendors shall be capable of fulfilling the stated requirements of the county. Performance considerations shall be included in the specifications. However, nothing in this section shall be construed to limit the county from pursuing sole source procurement where adequate justification has been presented that such procurement is in the best interests of county operations. B. When the acquisition of materials, supplies, purchased services, tools equipment, rental of Personal property or professional services involves amounts greater than $25,000 in a single transaction for a non-public work award or exceeding $40,000 for a public work award aMGURt G , the administrative services department shall •• be responsible for the review and approval of specifications and the preparation of invitations to bid pursuant to provisions set forth in this chapter. G-. No warrants shall be issued for the PUFGhase or lease Of Gapital outlay equipment (nor a lease peried extended OF PUFGhase eptiGn exeFGised) unless authorized by the d'reGtGr of the administrative seFV'Ges department Or designee Trrr Zr .�crv-rvcv-a department D C. All bid specifications f9r publiG works, leases, 9F purchases pFepared under the provisie this shaker shall be in writing and placed on file for public inspection. € D. An advertisement that written specifications are on file and available for public inspection shall be published in the official county newspaper. Advertisements shall be published at least once in each week for two consecutive weeks prior to the last date upon which bids will be received and may be published for as many additional publications as shall be considered in the county's interest. Such advertisement shall state: 1. The date after which bids will not be received; 2. The character of the work to be done, or the materials, equipment or service to be purchased; and 3. Where the specifications may be seen. E. No bid shall be considered for public works unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent of the amount of the bid proposed. G F. Should the bidder to whom the contract is awarded fail to enter into the contract or fail to furnish the contractor's bond within 10 days (exclusive of the date of notice) after notice of the award, the amount of the bid deposit shall be forfeited to the county. Thereafter, the award shall be made to the next lowest responsive bidder. The bid deposit of an unsuccessful bidder (if his bid deposit has not been forfeited) shall be returned after the required contractor's bond of the successful bidder has been accepted. # G. Bids received shall be opened and read in public on the date named in the advertisement for bids, or tO SUGh an aclJourned time as may then be publiGly annOURGed on a subsequent date established in a bid addendum. I H. After opening, all bids shall be reviewed and referred to the requisitioning department for recommendation of award. Bids will be forwarded by the director of the administrative services department or designee with a recommendation to the county executive for award. J I. After opening and award, all bids shall be filed for public inspection, and available by telephone inquiry. 70 K J. Any or all bids may be rejected for good cause. If all bids are not rejected, the award shall be to the lowest responsive bidder. In determining which is the lowest responsive bidder, the county may take into consideration the bidder's responsiveness to the county's requirements, the quality of the articles to be purchased or leased, availability of parts and service, delivery time, the tax revenue the county would receive from purchasing from a supplier located within its boundaries and prior dealings with the bidder. L K. The county may issue requests for proposals for services, or for technologically complex equipment including but not limited to computers, software, or telephone systems. If all proposals are not rejected, the award shall be to the highest rated proposal, taking into account the selection criteria published in the request for proposals. M L. The county may award to multiple bidders for the same commodity or service when the bid specifications provide for special circumstances in the determination of which vendor is truly the lowest price to the county. Special circumstances may include differences in ability to deliver, delivery time, availability of material, special loading or unloading conditions, total cost including transport or labor if not included with bid item, performance of the delivered material, location of the source, and proximity to the delivery point. N M. The county executive may administratively amend and execute capital improvement project contracts within the approved PFejest capital budget appropriation. 4 N. Contracts entered into by the county may be administratively amended to a cumulative amount not to exceed $10,000 or 10 percent of the original contract, whichever is greater; larger amounts require council approval. R O. Amendments to existing contracts which involve externally funded pass -through moneys may be approved by the county executive without council approval in any amount. (Ord. 2007- 004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.095 Small works roster contract award process. This section may be utilized in the acquisition of contractual services necessary to complete public works projects as allowed under RCW 36.32.250, and consistent with RCW 39.04.155, in order to use a small works roster contract award process in lieu of formal sealed bidding, the county shall: A. Publish at least twice each year in the official county newspaper a notice of the existence of the roster and solicit the names of contractors that are qualified for the requested categories of work. Notice shall be published at least once in each week for two consecutive weeks prior to the last date upon which response to the notice will be received, and may be published for as many additional publications as shall be considered in the county's interest. B. In every case a certain category of work is to be accomplished under this section, all contractors responding to the above notice and indicating their qualification to perform the category of work proposed shall be contacted and provided an invitation to bid. 71 C. Include in the invitation to bid the date on which bids will be received, the scope and nature of work to be performed, the materials and equipment to be furnished, and, if not provided otherwise in the invitation to bid, where the detailed plans and specifications may be seen and obtained. D. Otherwise apply the provisions of WCC 3.08.090(B), (D)-(E), (F), (G), (H), (1), (J), {- ,, and EN3 (M). E. Forgo the advertisement of a contract awarded through use of the small works roster. (Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A). 3.08.100 Council approval required. Contracts for professional services , and bids exceeding $35,000 $100,000 and all real property leases must be submitted to the county council for approval, except when: A. Exercising an option contained in a contract or lease previously approved by the council; B. Contract is for the design, construction, right-of-way acquisition or other capital costs for capital projects which are within the appropriation approved by the county council in a prejeet budget capital budget appropriation ordinance; er C. Contract is for technical support and software maintenance from the developer of proprietary software which is currently being used by Whatcom County. D. Contract is for manufacturer's technical support and hardware maintenance of electronic systems. EG. Pursuant to and within the scope of a declaration of emergency made by the county executive under either WCC 3.08.060(A) or (E). The county executive, pursuant to a declaration of emergency, shall submit the contract to the county council for informational purposes at the council's next regular or special meeting. (Ord. 2007-004 Exh. A; Ord. 2000-025; Ord. 97-034 Exh. A; Ord. 96-034; Ord. 93-042 Exh, H). Contracts and interlocal agreements which do not require the use of county funds may be approved administratively by the County Executive. 3.08.110 Unregistered or unlicensed contractors prohibited. No contract shall be entered into or executed with any contractor who is not registered or licensed as required by the laws of this state (except only as permitted under RCW 39.06.010 for highway projects for contractors who have been prequalified as required under RCW 47.28.070). (Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.120 Joint purchasing. The county may enter into agreements with the state or with any agency, political subdivision, or unit of local government to purchase goods or services cooperatively. Joint purchasing services are hereby authorized and encouraged with any other municipal corporation in Whatcom County, Assistance to the participating municipal corporation may be given in any way except that a sale 72 or contract shall be between the vendor and the participating municipal corporation and not Whatcom County. Bids and quotes may be obtained jointly based on volume if it is in the county's best interest to do so. (Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.130 Amendments to chapter. The county council reserves the exclusive right to alter, amend, rescind, abrogate, delete, supersede or replace the provisions of this chapter, or any part thereof, in any manner not inconsistent with state law. Whether or not the county council takes action, the provisions of this chapter shall be deemed automatically altered, amended, or superseded to conform to any mandatory state administrative ruling or statute, as of the effective date of any such enactment appertaining to the matters covered in this chapter, to the effect that the provisions of this chapter shall at all times conform to, and never conflict with, said state laws and regulations. (Ord. 2007- 004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.140 Severability. If any provision of this chapter is held to be invalid, the remainder of the chapter shall remain in effect. (Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 73 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-207 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 5/23/13 �_>� 'r=' �_= i-- G C� i� V C�: 6/04/13 Intro. Division Head. MAY 2 8 2013 6/18/13 Finance /Count Dept. Head: HC O COUNTY COUNCIL. Prosecutor: [75 a �i �3 Purchasin /Bud et: j& 5/23/13 Executive: UZ IIT/4 `4 TITLE OF DOC NT: Ordinance revising Whatcom County Code WCC 1.10.140, Inventory of Personal Property ATTACHMENTS: Ordinance & Memo SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? (. ) Yes NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance 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 clarifies the inventory process and modifies the frequency of the submission of inventories. COMMITTEE ACTION: COUNCIL ACTION: 6/04/2013: 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: .co.whatcom.wa.us/council. 74 �Go M e®o WHATCOM COUNTY ADMINISTRATIVE SERVICES = y: Brad Bennett, Finance Manager sHIN 10 Memorandum To: Jack Louws, County Executive From: Brad Bennett, Finance Manager Date: May 23, 2013 Re: Ordinance amending WCC 1.10 FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham, WA 98225-4082 The attached ordinance amends WCC 1.10.140 Duty to maintain inventory of personal property. The objective of this amendment is to achieve greater administrative efficiency by increasing the interval for the physical inventory of capital assets and small and attractive assets from annually to once every two years. Our intent is to conduct inventories through out the year, each year. The inventories will be scheduled in a manner that each department is inventoried once every two years. This schedule will satisfy the Federal requirements for assets purchased with Federal grants. We have a good system for managing county assets. I do not believe an annual inventory is necessary or a good use of county resources. The Washington State Auditor has recommended that we update our asset policies to establish physical inventory intervals for each asset group. This ordinance also clarifies the requirements for the physical inventory of parts, materials and supplies held in stores. County stores require an annual physical inventory to support our financial statements. Please contact me if you have any questions. 75 INTRODUCED BY: Consent PROPOSED BY: Executive DATE INTRODUCED: June 4, 2013 ORDINANCE NO. AN ORDINANCE AMENDING WCC 1.10, PROCEDURES FOR MANAGEMENT AND DISPOSITION OF COUNTY -OWNED PERSONAL AND REAL PROPERTY 13 WHEREAS, Whatcom County Code section 1.10.140 establishes the duty to maintain 14 inventory of personal property, and 15 WHEREAS, Whatcom County maintains up to date asset records of its real and personal 16 property in the financial management system, and 17 WHEREAS, the Washington State Auditor's Office has recommend Whatcom County 18 update its asset policies to establish physical inventory intervals for each asset group, and 19 WHEREAS, Federal grant requirements dictate that Whatcom County physically 20 inventory assets purchased with Federal funds at least every two years, and 21 WHEREAS, the County wishes to achieve greater administrative efficiencies through 22 clarifying the Whatcom County Code requirements governing personal property processes and 23 reducing the physical inventory frequency of capital assets and small and attractive assets to a 24 biennial basis, 25 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that 26 Whatcom County Code 1,10.140 is amended to read, in its entirety, as set forth in the attached 27 Exhibit A. 28 29 30 Adopted this day of , 2013. 31 32 33 34 WHATCOM COUNTY COUNCIL 35 ATTEST WHATCOM COUNTY, WASHINGTON 36 37 38 Dana Brown -Davis, Kathy Kershner, Chairperson 39 Clerk of the Council 40 41 PROVED AS TO FORM 42 ,6 43 44 Civil Deputy Prosecutor Jack Louws, County Executive 45 46 ( ) Approved ( ) Denied 47 Date Signed: 48 76 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-209 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: q`%k E ;J �] �� W11 I] l 61412013 Introduction Finance/Council Division Head.• - �� � 12) 611812013 Dept. Head: MAY 28 2013 Prosecutor. (/19 a 05118113 9 9 A 9 OM COUNTY 5-20 r Purchasing/Budget: COUNCIL Executive: C � �✓t-� 1 TITLE OF DOCU NT: AMENDMENT No. 1 TO ORDINANCE No. 2012-053 ESTABLISHING THE RURAL ROAD SAFETY PROGRAM FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR THE RURAL ROAD SAFETY PROGRAM. ATTACHMENTS: 1. Memo to County Executive and County Council 2. Ordinance Amendment 3. Exhibit "A" Rural Road Safety Program — Project Budget Worksheet SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Amendment No. 1 to the Rural Road Safety Project Budget requests additional budget authority of $739,389 for a new total Project Based Budget amount of $1,769,389 and total project amount of $1,940,000. All funds are 100% federal with no local match other than $15,000 for acquisition of Right -of -Way. The additional funding will be used for completion of design, permitting and the construction of the "Rural Road Safety Program" projects. COMMITTEEACTION COUNCIL ACTION. 6/04/2013: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 77 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Frank M. Abart Director Memorandum Joseph P. Rutan, P.E. County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Phone: (360) 715-7450 Fax: (360) 715-7451 To: The Honorable Jack Louws, Whatcom County Executive and Honorable Members of the Whatcom County Council Through: Frank M. Abart, Director - J From: Joseph P. Rutan, P.E., County Engineer/Assistant DirectorOP James P. Karcher, P.E., Engineering Manager p--k- Date: May 17, 2013 Re: Rural Road Safety Program; CRP #911017; Cost Center 343100; Amendment No. 1 to Rural Road Safety Program Project Budget Requested Action: The Public Works Department respectfully requests that the Whatcom County Council and Whatcom County Executive approve Amendment No. 1 to Ordinance 2012-053 which established the Rural Road Safety Program project fund and budget. The amendment requests additional expenditure authority of $739,389 to fund the completion of construction activities for the above referenced project. Background and Purpose: In September of 2012, Resolution 2012-028 adopted the 2013 Annual Construction Program with project priority #2 on the Annual Program titled "Rural Road Safety Program". Subsequently, in November 2012, the Project Based Budget Ordinance No. 2012-053 was adopted in the amount of $1,030,000 for the "Rural Road Safety Program" as part of the 2013- 2014 budget process. Due to regulatory requirements associated with the federal money, additional budget authority is needed to complete the construction of the three (3) individual projects addressing guardrail & -freeze indicators, intersection improvements at Smith/Aldrich, and the installation of rumble strips on major collectors. Whatcom County has received additional Highway Safety Improvement Program (HSIP) grant monies to address the regulatory requirements of these safety improvements. The federal money requires no local match and must be obligated by August 31, 2013. In addition, the request adds $15,000 for right-of-way to be funded from the Road Fund and corrects a disparity between expenditure authority and revenue amounts previously budgeted. SPONSORED BY: _Finance PROPOSED BY: Public Works - Engineeriniz INTRODUCTION DATE: June 4, 2013 ORDINANCE NO. AMENDMENT No. 1 TO ORDINANCE No. 2012-053 ESTABLISHING THE RURAL ROAD SAFETY PROGRAM FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR THE RURAL ROAD SAFETY PROGRAM WHEREAS, the Rural Road Safety Program's Project Based Budget was initially adopted on November 20, 2012 with an expenditure amount of $1,030,000 and a revenue amount of $1,299,000 in federal grant funds, and WHEREAS, Ordinance No. 2012-053 inadvertently left out additional Road Fund funding for acquisition of right-of-way, and WHEREAS, the revenue amounts requested in the project budget should have equaled expenditure amounts requested, and WHEREAS, regulatory requirements associated with the project's use of federal funds now require additional design and construction modifications to remain compliant, and WHEREAS, additional federal funds have been obtained to address mandatory regulatory requirements associated with the project, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, that Ordinance No. 2012-053, associated with the Project Based Budget of the Rural Road Safety Program (CRP #911017) is hereby amended by adding an additional amount of $739,389 of expenditure authority to the original project budget amount of $1,030,000 for a total project budget amount of $1,769,389. This amount is added to the prior year Road Fund expenditure amount of $170,611 for a new total project amount of $1,940,000 as presented in Exhibit "A". ADOPTED this day of , 2013. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Chief Civil Deputy Prosecutor Kathy Kershner, Chair of the Council ( ) Approved ( ) Denied Jack Louws, Executive Date: 79 O w a W LL Q N r � m Q "c 0 O J d � o �CL 000 000 _ o00 000 d O O N � N dd _ rn o M O rn M m o co O rn M 01 ) O d m O� N O y U-) CO E (L Z o 3 o m m oroc�o ccoo ototo co V �w O ¢ ((MMC(O C(o 0mC) 'IT 'IT r N N OotS~ H o o o o o o M 0) m m o O O p N N N CO O O U-a LO co co R N't ro � N'T U. ' C.4 co <6~M M U) L(j C6 LLO U') O Q.' rn � � � rn � U � r- 0) 0) r- a) 0) L? 'IT N '8 CO CO N CO CO V N R ¢ O Q' N O N (M co N N � D �0 C CD C� c: a) C� a N o > > X a �� a) " aa)) � - aa) LL 0 W c M S EL �� '~ o IL -0 Op -p H -0 O L LLI (a (6 Z FuMILILI-Z > °' -0 a a`) � a � o o write~OE wlifo--~� :1 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-210 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: zZ (� 614113 Intro 6118113 Finance Division Head: C)i ��, � R �E C�� `EZ �. �v/ E D Committee; MAY 2 8 201 HCOM COUNTY COUNCIL. 13 Council Dept. Head: Prosecutor: alh3 Purchasing/Budget z ` Executive: .J / -a q ®o TITLE OF DOC 4A013 Supplemental Budget Request #7 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: SUMMA R Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #7 requests funding from the General Fund: 1. To transfer appropriation authority of $390 from Council to Hearing Examiner to cover closure day adjustments. 2. To appropriate $40,000 in Council to provide additional funding for contract for outside legal assistance. 3. To appropriate $390 in Hearing Examiner to fund 2013 closure day adjustments from Council transfer. 4. To transfer appropriation authority of $59,282 from District Court Probation to District Court. 5. To appropriate $59,282 in District Court to fund 2013 budget adjustments from Probation transfer. 6. To transfer appropriation authority of $26,108 from Juvenile to Superior Court Administration and County Clerk. 7. To appropriate $25,097 in County Clerk to fund 2013 closure day and Unrep pay increase adjustments from Juvenile transfer. 8. To appropriate $1,011 in Superior Court Administration to fund remainder of Superior Court Unrep pay increase adjustment from Juvenile transfer. 9. To appropriate $200,000 in Non -Departmental to fund architect and engineering services for Superior Court Fourth Judge Courtroom Renovations Project. 10. To appropriate $37,207 in Parks & Recreation to fund additional Plantation Rifle Range expenses from range fee revenues. 11. To appropriate $27,000 in Prosecuting Attorney to partially fund closure day and Unrep pay increase adjustments from increase in grant funding. 12. To appropriate $1,581 in Public Defender to partially fund closure day and Unrep pay increase adjustments from increase in state funding. Continued on next a e COMMITTEE ACTION. COUNCIL ACTION: 6/04/2013: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 81 2013 SUPPLEMENTAL No. 7 CONTINUED: 13. To appropriate $188,277 in the Sheriff's Office to fund various grant funded activities. 14. To appropriate $16,283 in Treasurer to fund 2013 closure day and Unrep pay increase adjustments from new fee for service revenues. From the Jail Fund. 15. To appropriate $57,000 to fund feasibility study for inmate holding/release facility. For the Mental Heath / Chemical Dependency Fund. 16. To reduce Drug Court appropriation by $21,340 due to decrease in grant funding. From the Emergency Management Fund. 17. To appropriate $725,000 to fund FFY2012 Operation Stonegarden Program activities from grant proceeds. 18. To appropriate $1,061 to fund closure day adjustment in Emergency Management Division. From the Conservation Futures Fund: 18. To appropriate $228,000 to partially fund City of Everson floodplain property acquisition. SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DATE: 6/4/13 ORDINANCE NO. AMENDMENT NO. 7 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 County Council 39,610 - 39,610 Hearing Examiner 390 - 390 District Court Probation (59,282) - (59,282) District Court 59,282 - 59,282 Juvenile (26,108) - (26,108) County Clerk 25,097 - 25,097 Superior Court Administration 1,011 - 1,011 Non -Departmental 200,000 - 200,000 Parks & Recreation 37,207 (37,207) - Prosecuting Attorney 27,000 (27,000) - Public Defender 1,581 (1,581) - Sheriff 188,277 (188,277) - Treasurer 16,283 (16,283) - Total General Fund 510,348 (270,348) 240,000 Jail Fund 57,000 - 57,000 Mental Health/Chemical Dependency Fund (21,340) 21,340 - Emergency Management 726,061 (725,000) 1,061 Conservation Futures Fund 228,000 - 228,000 Total Supplemental 1,500,069 (974,008) 526,061 In addition, Exhibit B to the 2013-2014 Budget Ordinance entitled "Authorized Positions" should be amended to provide for the following FTE changes: • Reduce 1 FTE vacant Probation Officer position in District Court Probation • Reduce 1 FTE vacant Clerk/Receptionist in Information Technology • Reduce 1 FTE vacant Probation Officer position in Juvenile I:\BUDGET\SUPPLS\2013_Suppl\Supplementa1 #7-2013.doc 83 • Reduce 1 FTE vacant Legal Secretary position in Juvenile • Reduce 1 FTE vacant Drug Court Coordinator position in Superior Court Administration • Reduce 1 FTE vacant Clerk/Receptionist position in Public Defender • Reduce 1 FTE vacant Road Maintenance Worker position in Public Works -Road • Add 1 FTE Program Manager position in Public Works — Flood (Natural Resources) ADOPTED this day of , 2013. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Kathy Kershner, Chair of the Council APPROVED AS TO FORM: Civil ­Deputy Prosecutor ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2013_Suppl\Supplementa1 #7-2013.doc 84 WHATCOM COUNTY Summary of the 2013 Supplemental Budget Ordinance No. 7 Net Effect to Increased Fund Balance Expenditure (Increased) (Increase) Department/Fund Description Decrease Revenue Decrease General Fund County Council To transfer appropriation authority to Hearing Examiner to cover closure day adjustments. 390 390 County Council To provide additional funding for contract for outside legal assistance. 40,000 - 40,000 Hearing Examiner To fund 2013 closure day adjustments from Council transfer. 390 - 390 District Court Probation To transfer appropriation authority to District Court. (59,282) - 59,282 District Court To fund 2013 budget adjustments from Probation transfer. 59,282 - 59,282 Juvenile To transfer appropriation authority to Superior Court Administration and County Clerk. 26,108 - 26,108 County Clerk To fund 2013 Assigned Counsel closure day adjustment from Juvenile transfer. 1,684 - 1,684 To fund 2013 County Clerk closure day and Unrep County Clerk pay increase budget adjustments from Juvenile transfer. 23,413 - 23,413 Superior Court Administration To fund remainder of Superior Court Unrep pay increase adjustment from Juvenile transfer. 1,011 - 1,011 To fund transfer to fund architect and engineering Non -Departmental services for Superior Court Fourth Judge Courtroom Renovations Project. 200,000 - 200,000 Parks & Recreation To fund additional Plantation Rifle Range expenses from range fee revenues. 37,207 37,207 - Prosecuting Attorney To partially fund closure day and Unrep pay increase adjustments from increase in grant funding. 27,000 27,000 - Public Defender To partially fund closure day and Unrep pay increase adjustments from increase in state funding. 1,581 1,581 - Sheriff To fund 2013 Baker Lake Recreation Area patrols. 20,500 20,500 - Sheriff To fund recreational boating safety activities from additional grant proceeds. 7,877 7,877 - Sheriff To fund FFY2012 Operation Stonegarden Program activities in the Sheriff's Office. 159,900 159,900 - Treasurer To fund 2013 closure day and Unrep pay increase adjustments from new fee for service revenues. 16,283 (16,283) - Total General Fund 510,348 270,348) 240,000 Jail Fund To fund feasibility study for inmate holding/release 57,000 57,000 facility, Mental Health/Chemical Dependency Fund - To reduce Drug Court appropriation due to decrease (21,340) 21,340 Superior Court Administration in grant funding. Emergency Management Fund Emergency Management To fund FFY2012 Operation Stonegarden Program activities from grant proceeds. 725,000 725,000 - Emergency Management To fund closure day adjustment. 1,061 - 1,061 Total Emergency Management Fund 726,061 (725,000) 1,061 Conservation Futures Fund To partially fund City of Everson floodplain property 228,000 - 228,000 ac uistion. Total Supplemental 1,500,069 (974,008) 526,061 Supplemental Budget Request Status: Pending Council Supp7 ID # 1523 Fund 1 Cost Center 1100 Originator: Dana Brown -Davis/ M Caldwell ..._. .... -.... -- - --- —.._ _.... .... _.._.......... Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: 2013 Council transfer to Hearing Examiner Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance $390 6330 Printing Request Total la. Description of request: ($390) $0 Transfer $390 of 2013 Council budget authority to Hearing Examiner to provide remainder of amount necessary to cover reinstatement of 2013 closure days. (See related Hearing Examiner Suppl ID 1522) 1 b. Primary customers: Hearing Examiner staff 2. Problem to be solved: Due to the elimination of closure days, staffing costs will[ exceed the 2013 Hearing Examiner adopted budget. Executive -recommended and Council --approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. The Hearing Examiner 2013 budget does not have enough excess capacity to entirely fund the staffing cost increase. Council budget does have enough capacity in 2013 which it can transfer to the Hearing Examiners budget. 3a. Options / Advantages: This is the only option to ensure the Hearing Examiner's expenses do not exceed its adopted budget by year end. 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: Hearing Examiner's budget will be increased. 5b. Name the person in charge of implementation and what they are responsible for: Dana Brown -Davis, Clerk of Council manages both the Hearing Examiner and Council budgets 6. Funding Source: Council's printing account budget Thursday, April 25, 2013 Rpt: Rpt Suppl Regular 86 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 g ann I VE mer E Css sra MAY 16 c013 May 16, 2013 JACK LOUW MEMORANDUM COUNTY EXECUTIVE TO: Jack Louws, County Executive FROM: Dana Brown -Davis, Clerk of the Council SUBJ: Supplemental Budget Request Senior Deputy Prosecutor Karen Frakes has requested the continued assistance of outside legal counsel in representing Whatcom County in Growth Management Hearings Board Case No. 11-2-0010, Case No. 12-2-0013, and associated appeals. Attached is a supplemental budget request in the amount of $40,000 to cover costs associated with this request. Please contact me if you have questions. Thank you. Supplemental Budget Request status: Pending Council j Supp7ID # 1544 J Fund 1 Cost Center 1100 Originator: Dana Brown -Davis Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority Name of Request: Contract for outside legal assistance. X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance 6630,g02, Professional Services $40,000 !i Request Total $0 la. Description of request: Senior Deputy Prosecutor Karen Frakes has requested the continued assistance of outside legal counsel in representing Whatcom County in Growth Management Hearings Board Case No. 11-2-0010c, Case No. 12-2-0013, and associated appeals. These cases involve challenges to Whatcom County Ordinance No. 2012-032 which amended the Whatcom County Zoning Code, the Official Zoning Map, and the Whatcom County Comprehensive Plan and maps, to implement changes pertaining to rural lands. These services will be performed in concert with members of the Whatcom County Prosecutor's Office staff, as directed by the Prosecutor, or his designee. 1b. Primary customers: 2. Problem to be solved: There are no funds available in the Council Office budget to cover costs asscoiated with this request. 3a. Options /Advantages: There are no other options available to cover the costs associated with this request. 3b. Cost savings: 4a. Outcomes: The Whatcom County Prosecutor's Office is representing the County Council before the Board and will use this assistance to address the multiple issues raised by the challengers. 4b. Measures: 5a. Other Departments/Agencies: Whatcom County Prosecutor's Office 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: Thursday, May 16, 2013 Rpt Rpt Supp! Regular 88 Supplemental Budget Request status: Pending Hearing Examiner Supp7 ID # 1522 Fund 1 Cost Center 1600 Originator: Dana Brown-Davis/M Caldwell Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: 2013 Hearing Examiner Budget Adjustment r._ Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($390) 6110 Regular Salaries & Wages $390 Request Total $0 la. Description of request: Decrease Council's printing budget by $390 (see related Council Suppi ID 1523) and increase Hearing Examiner budget by $390 to cover reinstatement of closure days in 2013. 1 b. Primary customers: Staff 2. Problem to be solved: Due to the elimination of closure days, staffing costs will) exceed the 2013 adopted budget. Executive recommended and Council approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. The Hearing Examiner 2013 budget does not have enough excess capacity to entirely fund the staffing cost increase. Council budget does have excess capacity in 2013 which it can transfer to the Hearing Examiners budget. 3a. Options /Advantages: This is the only option to ensure the Hearing Examiner's expenses do not exceed its adopted budget by year end. 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: Council's 2013 budget will be reduced by a corresponding $390. 5b. Name the person in charge of implementation and what they are responsible for: Dana Brown -Davis, Clerk of Council manages both the Hearing Examiner and Council budgets 6. Funding Source: Council's 2013 printing budget Thursday, April 25, 2013 Rpt: Rpt SuppI Regular Supplemental Budget Request status. Pending District Court Probation Supp 1 Iu # 1598 Fund 1 Cost Center 1310 Originator., Bruce Van Glubt/M Caldwell Expenditure Type: Ongoing Year 1 2013 Add'I FTE E Add'I Space + Priority 1 Name of Request: 2013 District Court Probation Bgt Adjustments XJa�` Department Head Signat6r ( equired on Hard Copy Submission) Date Costs. Object Object Description Amount Requested 2910.1000 Fund Balance $59,282 6110 Regular Salaries & Wages — ($38,744) 6210 Retirement ($3,684) 6230 Social Security ($2,964) 6245 Medical Insurance ($11,827) 6255 Other H&W Benefits ($1,335) 6259 Worker's Comp-Interfund . ($728) Request Total $0 ?a. Description of request: Close one vacant Probation Officer position for a total savings of $86,912. $27,630 of this amount will be used in the department to cover the elimination of 6 closure days and unrepresented employee wage increases. We request that the remaining $59,282 be added to the District Court budget to cover its closure day elimination and unrepresented wage increase adjustments ($20,045). The excess amount of $39,237 will be used to increase line items where shortfalls occur. (See related District Court Suppl ID 1519) 1b. Primary customers; N/A 2. Problem to be solved: Due to the elimination of closure days and increases in unrepresented employee wages, staffing costs will exceed the 2013 adopted budget. Executive recommended and Council approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. 3a. Options /Advantages; It has been determined that the Probation Department can successfully absorb this reduction. 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: This proposal will also provide for amounts needed in the District Court budget. 5b. Name the person in charge of implementation and what they are responsible for: Bruce Van Glubt, District Court and District Court Probation Administrator Thursday, April 25, 2013 Rpt. Rpt S&Nftular Supplemental Budget Request Status: Pending District Court Probation Supp'1ID # 1518 Fund 1 Cost Center 1310 Originator. Bruce Van GlubtlM Caldwell 6. Funding Source: Elimination of a position. Thursday, April 25, 2013 Rpt_ Rpt Sug fegular Supplemental Budget Request status: Pending District Court Fund 1 Cost Center 1300 Originator: Bruce Van Glubt/M Caldwell Expenditure Type: Ongoing Year 1 2013 Add'1 FTE Add'I Space L Priority 1 Name of Request: 2013 District Court Bgt Adjustments XJ. Department Head Signature ( red on Hard Copy Submission) Date Costs: Object Object Des ription Amount Requested 2910.1000 Fund Balance ($59,282) 6110 Regular Salaries & Wages $17,235 6120 Extra Help $13,037 6210 Retirement $1,492 6230 Social Security $1,318 6340 Books-Publications-Supsc $5,000 6655 Interpreter Services $15,000 6719 Postage -I nterfund $5,000 7120 Judgements & Damages $1,200 Request Total $0 la. Description of request: Add $59,282 to District Court's budget to cover the $20,045 needed as a result of the elimination of 2013 closure days and unrepresented wage increases. $38,037 of the remaining $39,237 will be used to increase the budget for specific line items where we frequently encounter shortfalls. These line items include: Extra Help/Pro Terns, Judge's Legal Publications, Interpreter Services and Postage. In addition, the Court has an unexpected amount of approximately $1,200 in Court -ordered judgments that need to be covered due to a District Court case that was appealed by a defendant and they prevailed. Funding will come from the elimination of a vacant Probation Officer position in District Court Probation. (see related District Court Probation Suppl ID 1518) 1b. Primary customers: N/A 2. Problem to be solved: Due to the elimination of closure days and increases in unrepresented employee wages, staffing costs will exceed the 2013 adopted budget. Executive recommended and Council approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. In addition, due to multi -year budget constraints, District Court has been unable to ask for Additional Service Requests for areas of its operations that have traditionally needed more funding. 3a. Options /Advantages: It has been determined that the Probation Department can successfully absorb the reduction and this option will meet both departments' needs. 3b. Cost savings: N/A Thursday, May 02, 2013 Rpt: Rpt s.,$26.[ar Supplemental Budget Request status: Pending District Court Supp`I ID # 1519 Fund 1 Cost Center 1300 Originator: Bruce Van GlubOW Caldwell 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: District Court Probation will decrease one Probation Officer position. 5b. Name the person in charge of implementation and what they are responsible for: Bruce Van Glubt, District Court and District Court Probation Administrator 6. Funding Source: District Court Probation budget authority. Thursday, May 02, 2013 Rpt. Rpt Su egular Supplemental Budget Request status: Pending Juvenile Administration Sucp7 r% # 9524 Fund 1 Cost Center 1900 Originator: Dave Reynolds/M Caldwell Expenditure Type: One -Time Year 1 2013 Add'I FTE Add'I Space —' Priority 1 Name of Request: 2013 Juvenile Trf to Superior Ct/Clerk Department Hea ignature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910,1000 Fund Balance $26,108 6110 Regular Salaries & Wages ($1,684) 6110 Regular Salaries & Wages ($23,413) 6110 Regular Salaries & Wages ($1,011) Request Total $0 1a. Description of request: Transfer $1,011 of budget authority to Superior Court Administration and $25,097 of budget authority to County Clerk to cover 2013 reinstatement of closure day costs for the Master Bargaining Unit and Unrep wage increase in those departments. (see related supplemental IDS 1525, 1527 & 1528 for Superior Court Administration and County Clerk) 1b. Primary customers: Staff 2. Problem to be solved: Due to the elimination of closure days and increases in unrepresented employee wages, staffing costs will exceed the 2013 adopted budget. Executive recommended and Council approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. Juvenile, Superior Court Administration and County Clerk are jointly managed departments. The Director of Superior Court Administration proposes to eliminate 2 vacant positions in Juvenile and use the wage and benefit savings to fund the closure day/Unrep pay increase adjustments in all three departments. This supplemental will decrease the Juvenile budget to enable the addition of the budget authority in County Clerk and Superior Court Administration. 3a. Options /Advantages: 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: This supplemental request will enable the budget authority in Superior Court Administration and County Clerk to be increased to cover closure days/Unrep wage increases. 5b. Name the person in charge of implementation and what they are responsible for: Dave Reynolds, Director of Superior Court Administration, manages all three budgets. 6. Funding Source: Tuesday, April 30, 2013 Rpt: Rpt Suq*egular Supplemental Budget Request Juvenile Administration SuppllD# 1524 Fund 1 Cost Center 1900 Eliminated positions Status: Pending Originator: Dave Reynolds/M Caldwell Tuesday, April 30, 2013 Rpt: Rpt S"195egular Supplemental Budget Request Status: Pending County Clerk Srpo9 11 ¢ '1528 Fund 1 Cost Center 3140 Originator. D Reynolds/M Caldwell Expenditure Type: One -Time Year 1 2013 Add'I FTE Add'I SpaceL Priority 1 Name of Request: 2013 County Clerk - Assigned Counsel budget adjust Xd� Department He ignature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($1,684) 6110 Regular Salaries & Wages $1,454 w 6210 Retirement $119 6230 Social Security $111 Request Total $0 la. Description of request: Increase the wage budget in County Clerk by decreasing the wage budget in Juvenile for no net change to the General Fund. See related Juvenile supplemental ID 1524. 1b. Primary customers: Staff 2. Problem to be solved: Due to the elimination of closure days, staffing costs will exceed the 2013 adopted budget. Executive recommended and Council approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. Juvenile, Superior Court Administration and County Clerk are jointly managed departments. The Director of Superior Court Administration proposes to eliminate 2 vacant positions in Juvenile and use the wage and benefit savings to fund the closure day/Unrep pay increase adjustments in all three departments. This supplemental will add $1,684 to the County Clerk - Assigned Counsel (cost center 3140) wage budget to provide the amount needed for 2013 IVlaster employee closure day elimination. 3a. Options / Advantages: 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: This supplemental request relies on a corresponding reduction in the Juvenile Court Administration budget so that there will be a net zero effect to the General Fund. This will be accomplished through Juvenile supplemental ID 1524 5b. Name the person in charge of implementation and what they are responsible for: Dave Reynolds, Director of Superior Court Administration, manages all three budgets. 6. Funding Source: Tuesday, April 30, 2013 Rpt: Rpt Su9&'gala" Supplemental Budget Request Status: Pending County Clerk SuppY 1D # 1526 Fund 1 Cost Center 3140 Originator: D Reynolds/M Caldwell eliminated positions in Juvenile budget 0 Tuesday, AprM 30, 2013 Rpt: Rpt SuVegular Supplemental Budget Request status: Pending County Clerk 1,527 Fund 1 Cost Center 3150 Originator. D Reynolds/M Caldwell Expenditure Type: One -Time Year 1 2013 Add'I FTE Add'I Space Priority 1 Name of Request: 2013 County Clerk budget adjustments X Department Hea ilgnature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($23,413) 6110 Regular Salaries & Wages $20,177 6210 Retirement _ - -- - - $1,692 6230 Social Security $1,544 Request Total $0 la. Description of request: Increase the wage budget in County Clerk by decreasing the wage budget in Juvenile for no net change to the General Fund. See related Juvenile supplemental ID 1524. 1b. Primary customers: Staff 2. Problem to be solved: Due to the elimination of closure days and increases in unrepresented employee wages, staffing costs will exceed the 2013 adopted budget. Executive recommended and Council approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. Juvenile, Superior Court Administration and County Clerk are jointly managed departments. The Director of Superior Court Administration proposes to eliminate 2 vacant positions in Juvenile and use the wage and benefit savings to fund the closure day/Unrep pay increase adjustments in all three departments. This supplemental will add $23,413 to the County Clerk (cost center 3150) wage budget to provide the amount needed for 2013 Unrep wage increases and Master employee closure day elimination. 3a. Options / Advantages: 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: This supplemental request relies on a corresponding reduction in the Juvenile Court Administration budget so that there will be a net zero effect to the General Fund. This will be accomplished through Juvenile supplemental ID 1524 5b. Name the person in charge of implementation and what they are responsible for: Dave Reynolds, Director of Superior Court Administration, manages all three budgets. 6. Funding Source: Tuesday, April 30, 2013 Rpt_ Rpt Su, egular Supplemental Budget Request Status: Pending County Clerk Supp'l !D # 1527 Fund 1 Cost Center 3150 Originator: D Reynolds/M Caldwell eliminated positions in Juvenile budget Tuesday, April 30, 2013 Rpt: Rpt Suisgtegular Supplemental Budget Request Status: Pending Superior Court Supp'.! !o # 1525 Fund 1 Cost Center 3100 Originator. Dave Reynolds/M Caldwell Expenditure Type: One -Time Year 1 2013 Add'I FTE Add1 Space Priority 1 Name of Request: 2013 Superior Court Bgt Adjustments Department Head ignature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($1,011) 6110 Regular Salaries & Wages $1,011 Request Total $0 1a. Description of request. Increase the wage budget in Superior Court Administration by decreasing the wage budget in Juvenile for no net change to the General Fund. See related Juvenile supplemental ID 1524. 1b. Primary customers: Staff 2. Problem to be solved. Due to the elimination of closure days and increases in unrepresented employee wages, staffing costs will exceed the 2013 adopted budget. Executive recommended and Council approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. Juvenile, Superior Court Administration and County Clerk are jointly managed departments. The Director of Superior Court Administration proposes to eliminate 2 vacant positions in Juvenile and use the wage and benefit savings to fund the closure day/Unrep pay increase adjustments in all three departments. This supplemental will add $1,011 to the Superior Court Administration wage budget to complete the amount needed for 2013 Unrep wage increases. The additional amount of $15,464 needed to cover the increases will be transferred from budget authority in cost center 3160 (also in Superior Court Administration) due to savings from a temporarily vacant Court Facilitator position. 3a. Options / Advantages: 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: This supplemental request relies on a corresponding reduction in the Juvenile Court Administration budget so that there will be a net zero effect to the General Fund. This will be accomplished through Juvenile supplemental ID 1524 5b. Name the person in charge of implementation and what they are responsible for: Dave Reynolds, Director of Superior Court Administration, manages all three budgets. 6. Funding Source: eliminated positions in Juvenile budget Tuesday, April 30, 2013 Rpt: Rpt, p,U ?egular Supplemental Budget Request status: Pending Non -Departmental ..... .... __.. - supp,t iD # 1549 Fund 1 Cost Center 4530 Originator: M Caldwell Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Transfer to 4th Judge Courtroom Renovation Project Department H d Signalre (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($200,000) 8351 Operating Transfer Out $200,000 Request Total $0 1a. Description of request: This requests provides funding for the architect and engineering services for the Superior Court Fourth Judge Courtroom Renovation Project. See related Project Budget Supplemental ID #1548 Courthouse Courtroom Renovations. 1b. Primary customers: 2. Problem to be solved: 3a. Options / Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: General Fund fund balance Tuesday, May 21, 2013 Rpt: Rpt Suppl Regular 101 W H A T C O M COUNTY Michael G. McFarlane, Director Parks & RecreationErik Axelson, Parks Operations Manager 3373 Mount Baker Highway Bellingham WA 9822E-7500 TO: FROM: DATE: SUBJECT MEMORANDUM Jack Louws County Executive Michael G. McFarlane _.. Director May 20, 2013 Supplemental Budget Request for Plantation Range RECEIVC?-%� JACK I Oij ¢- COUNTY E" :, I am attaching a proposed supplemental budget request for Plantation Range (Cost center 6335). Plantation Range has experienced significant increases in attendance and public Range revenue, in the first four months of 2013 a 19% increase. This is exclusive of any revenue from law enforcement contracts, and reflects growing regional and national interest in firearms, firearms safety, and use of ranges. This supplemental proposes judicious expenditure increases in several budget object categories in order to respond to this increasing interest, attendance and demand. The supplemental will increase available public hours at the Pistol/Small Bore Range, schedule additional classes for safety, marksmanship, and especially women and families, fund purchases for resale (ammunition, targets, etc.) keyed to this growing demand, and purchase additional firearms for the Range rental program. Increased expenditures in extra help (6120), purchases for resale (6480), and tools and equipment (6510) object categories and several others will be offset by increased revenue. Plantation Range's popularity is only partly a result of broader trends. Without the culture of safety, cleanliness and welcome inculcated by management and the Range Master, the Range might not be experiencing the current increase in demand and revenue. This supplemental will sustain that service and revenue growth. Please contact me or Parks Operations Manager Erik Axelson (x.32073) if you have any questions. Attachment Phone: 360.733-2900 www.whatcomcounty.us/parks Fax: 360.67611YWO Supplemental Budget Request statits: Pending Parks & Recreation _Suplr; ,D 11 1508 Fund / Cost Center 6335 Originator: Erik Axelson Expenditure Type: Ongoing Year 1 2013 Add'I FTE E Add'I Space _ Priority 1 Name of Request: Plantbtion Range Increased Patronage and Revenue DepA*ent Vepd Sibnature (Required on Hard Copy Submission) Costs: 1 Object 4347.6030 6120 i 6320 B? R Object Description Rifle Range Fees Extra Help Office & Op Supplies Printing 6480 Purchases For Resale 6510 6630 7060 Request Total Tools & Equip Professional Services Repairs & Maintenance Date Amount Requested ($37,207) - $15, 952 $455 $300 $16,600 --- ---- ----------------- $2,000 $600 $1,300 1a. Description of request: Plantation Rifle and Pistol Range is a cost center at Parks & Recreation in which revenues consistently meet or exceed expenditures. This trend is accelearting in 2013, with public revenues (range fees, classes, ammunition purchases, etc., less all law enforcement contracts) for the period January -April 2013 totaling approximately $97,000. Compared to public revenue for the similar period in 2012 ($81,400), the year-to-date public revenue in 2013 is approximately 19% greater. This is a significant change. Increased public revenue is the result of several trends to which this supplemental budget request seeks to respond. First, we have observed a change in Range users from the more traditonal cohort of hunters sighting in long guns at the High Power Range toward more individuals, families, and especially women interested in pistol marksmanship, gun handling, personal protection, and gun safety. Many of these firearms newcomers appreciate the firearms rental program at Plantation Range, which is an opportunity to try out a variety of firearms. New firearms users also appreciate the strong emphasis by Range master and staff on safety. Second, increased patronage also has yielded a significant increased demand for ammunition purchases for use at the Range. Third, changing trends in use at Plantation Range reflect broader regional and national trends in which more individuals are using ranges, and purchasing firearms and ammunition. For example, state shooting data indicate that after a period of reduced demand, shooting sports in Washington are enjoying increased popularity. This supplemental addresses the increased demand in these areas: (1) Extra Help hours (6120) are proposed to increase by $15,592, from $18,000 to $33,952. The increased hours will accommodate an expanded schedule of firearms safety and marksmanship classes (particularly for women and families), as well as increasing the hours of operation of the Pistol Range. (2) Purchases for resale (6480) are proposed to be increased by $16,600, from $28,000 to $44,600. This will accommodate increased demand for targets, ammunition, etc. due to expanded patronage of the Pistol Range primarily, and from expanded classes. (3) Tools & equipment (6510) would increase by $2,000 in order to purchase four new handguns and to Monday, May 20, 2013 Rpt. Rpt Suppl Regtdar 103 Supplemental Budget Request Status: Pending Parks & Recreation Sup r to 508 Fund Cost Center 6335 Originator. Erik Axelson trade in three others for new models. This is needed due to increased patronage of the Range firearms rental program. (4) Repairs and maintenance would increase by $1,300 to provide sufficient funds in this account to maintain all 12 indoor Pistol Range firing points and the automated target carrier system. (4) Smaller increases for Supplies, Printing, and Professional services would total $1,355, reflecting small increases related to expanded prgrams and public demand. We estimate that public range fees will continue to increase in 2013, so that the net revenue over expenditures will be positive. 1 b. Primary customers: Whatcom County residents comprise the majority of customers at Plantation Range, however, a significant percentage of Range users are from the Puget Sound region outside the county in Washington and also from British Columbia. As noted above, there is a significant shift toward new users, namely beginning firearms individuals, families, and women. 2. Problem to be solved: This problem is actually a positive one -- an increase in Range attendance and revenue that needs to be sustained. The major shift in users and customers toward relative firearms newcomers has signficantly increased demand for gun safety classes, elementary marksmanship, and use of the Pistol Range. The proposed expenditure increases in extra help, purchases for resale, and small tools (e.g, new firearms) are essential to continue to meet the increased demand from these new users. Without adjusting expenditures for these object categories particularly, Whatcom County will not be able to accommodate this increased demand and will forego significant additional revenue. 3a. Options /Advantages: Not increasing Range hours and classes is one alternative to this supplemental budget request. However, such a move would risk causing many of the new Range users to seek other alternatives to Plantation Range, inducing a revenue reduction spiral. Careful increases in expenditures in 2013 will help to capture and retain these new Range users, and will also yield continued revenue growth. 3b. Cost savings: The supplemental budget request's expenditure increases will be more than offset by improved revenue. 4a. Outcomes: The most obvious improved outcome in 2013 would be an increase in public Range fees and usage. We estimate that the supplemental will facilitate an increase in the 16-18% range for public Range revenue. 4b. Measures: Parks will continue to measure monthly revenue. Public Range revenue for the remaining eight months of 2013 should continue to grow. Another measure will be increased attendance and patronage of additional classes, as well as continued growth in ammunition resales (which typically generate a 30-40% markup over cost). 5a. Other Departments/Agencies: None 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: Increased Range fees (4437.6030) will fund the supplemental budget expenditures. Monday, May 20, 2013 Rpt: Rpt Suppl Regular 104 Supplemental Budget Request status: Pending Prosecuting Attorney Supp'I lD # 1507 Fund 1 Cost Center 2600 Originator: Kathy Walker ......... - Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Grant Increase to Cover Closure Day Reinstatement ,. Department Head Signature (Require o H rd Copy Submission) s Date Costs: Object Object Description Amount Requested 4333.9783 - — Child Support Enforceme -- ($27,000) 6110 Regular Salaries & Wages $23,306 6210 Retirement $1,911 6230 Social Security $1 783 Request Total $0 la. Description of request: Increase Prosecuting Attorney budget by the amount of unbudgeted grant revenues. 1b. Primary customers: Staff 2. Problem to be solved: The Prosecuting Attorney's Office has received notification of an additional amount of 2012 Child Support Enforcement revenue which will be received in 2013. Departments have been requested to find budget neutral ways to accommodate the reinstatement of closure days and the unrepresented employee pay increase. The Prosecuting Attorney's Office is able to cover a substantial amount of the wage and benefit increases in 2013 due to position turnovers and replacement employees being hired at lower wages. However, there is still a significant shortfall. Most of the shortfall can be accomodated by this budget neutral request to increase the wage and benefit budget and offset the increase with the additional grant revenue. 3a. Options /Advantages: 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: N/A 5b. Name the person in charge of implementation and what they are responsible for: N/A 6. Funding Source: Additional 2012 Child Support Enforcement revenue. Wednesday, April 03, 2013 Rpt: Rpt �uppll Regular Supplemental Budget Request Status: Pending Public Defender Supo'l ID # 1506 Fund i Cost Center 2667 Originator. Julie Wiles Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Budget for increased OPD funding _ Deparflr"Mnt Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4336.0128 Office of Public Defense Entitlement ($1,581) -- ... —Y..._ - ..--- - 6110 Regular Salaries & Wages $1,581 Request Total $0 f 1a. Description of request: Increase Public Defender wage budget by the amount of unbudgeted Office of Public Defense (OPD) funding. 1b. Primary customers: Public Defender staff 2. Problem to be solved: Whatcom County is required to spend OPD funds in the year they are allocated for according to Washington State regulations. Due to funding fluctuations, the County received $1,581 more revenue for 2013 than was budgeted for in the biennial budget. OPD funding is spent in support of the Public Defender's Office. The Public Defender's Office requests to use the increased funding authority to partially cover some of the unrepresented employee wage increases for two OPD funded attorneys. 3a. Options /Advantages: N/A 3b. Cost savings: The Public Defender's Office will not have to cover this amount of wage increases out of its current budget. 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: N/A 5b. Name the person in charge of implementation and what they are responsible for: N/A 6. Funding Source: Washington State OPD entitlement funding. Wednesday, April 03, 2013 Rpt: Rpt S�pI jtegular WHATCOM COUNTY BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 Memorandum TO: Jack Louws, County Executive tJ'2' FROM: Sheriff Bill Elfo DATE: May 10, 2013 SUBJECT: Supplemental Budget ID# 1538 Baker Lake Recreation Area Patrols 2013 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR VVaMY JOKES CHIEF OF CORRECTIONS MAY 10 201 wig The attached Supplemental Budget requests budget authority to provide overtime patrols in the Baker Lake Recreational Area and to purchase personal protective equipment with funds provided by the USDA Forest Service in accordance with contract between Whatcom County and the U.S. Forest Service Mt. Baker-Snoqualmie National Forest. Background and Purpose The Forest Service provides funds for extra patrols in the Baker Lake Recreational Area to ensure protection of Government property and the general safety of the public on Forest Service lands during peak periods of public use. The allocation for 2013 also includes funds to purchase rifle plates as part of the personnel protective equipment issued to the Co-op Deputy. Funding Amount and Source USDA Forest Service will provide funding of $20,500 in 2013. Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions. Thank you. 107 Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. Supplemental Budget Request Siarus: Pending Sheriff Operations Supp'l ro # 1538 Fund 1 Cost Center 2993 Originator. • Dawn Pierce Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Baker Lake Recreation Area Patrols 2013 Depart nt Head Signature (Required on Hard Copy Submission) Date Costs: uuject uujuta uescnNuun nmuum rceyuesLeu 4338,2100 OT Reimbursement ($20,500) - - 6140 i --- — Overtime --- -- ;- ---- --- —..,I $16,964 6216 Retirement $889 6230 Social Security $1,298 ; 6259 Worker's Comp-Interfund $349 i 6510 i Tools & Equip $1,000 Reauest Total $0 1a. Description of request. Provide extra patrols and equipment for the Forest Patrol Deputy in the Baker Lake Recreation Area. These patrols shall be scheduled and performed as requested by the USDA Forest Service in accordance with existing contract to ensure protection of government property and general safety of the public on Forest Service lands during peak periods of public use. 1 b. Primary customers: Whatcom County citizens and visitors. 2. Problem to be solved. Provides additional staffing hours and patrols in a remote recreation area not normally patrolled unless provided by Cooperative Agreement. 3a. Options /Advantages: N/A 3b. Cost savings: Whatcom County will benefit from increased law enforcement presence in remote areas of the county with no support required from the General Fund. 4a. Outcomes: Overtime patrols will be perfomed in accordance with existing contract with USDA Forest Service. 4b. Measures: Daily Activity Reports will be completed. 5a. Other Departments/Agencies: N/A 5b. Name the person in charge of implementation and what they are responsible for: N/A 6. Funding Source: USDA Forest Service will provide funding of $20,500 in 2013. Thursday, May 09, 2013 Rpt: Rpt Suppl Regular 108 WHATCOM COUNIT SHERIFF'S CE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 Memorandum TO: Jack Louws, County Executive FROM: Sheriff Bill Elfo DATE: May 20, 2013 SUBJECT: Supplemental Budget ID# 1546 Boat Safety Grant 2012-2013 Additional Award JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR W NDY JOKES CHIEF OF CORRECTIONS _.. REC;HVED MAY 2 0 JACK LOUV IVE The attached Supplemental Budget requests budget authority in 2013 for additional award of $7,877 from Washington State Parks and Recreation Commission for Recreational Boating Safety (RBS) grant. Background and Purpose The Sheriffs Office received a Federal Financial Assistance Grant of $35,385 from the Washington State Parks and Recreation Commission for Recreational Boating Safety for the period July 1, 2012 through June 30, 2013 and subsequently extended until September 30, 2013. The Sheriff's Office spent $29,538 in 2012, and a supplemental budget for the remaining $5,847 was approved April 23, 2013 (AB2013-142, Ordinance 2013-021). In May 2013, the Sheriff's Office received an additional award of $7,877 based on our agency's performance activities reported to State Parks. The Sheriffs Office will use the additional funds in 2013 for water patrols and boat maintenance. Funding Amount and Source Funds of $7,877 provided by Washington State Parks and Recreation Commission, Recreational Boating Safety (RBS) Federal Financial Assistance Grant, CFDA #97.012. Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions. Thank you. 109 Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. Supplemental Budget Request Status: Pending Sheriff Administration Supp'i ID # 1546 Fund 1 Cost Center 1003512006 Originator: Dawn Pierce ..... . .............. . Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Boat Safety Grant 2012-2013 Additional Award X Department Head Signature (Required on Hard Copy Submission) Date Object Description Boating Safety Overtime Retirement Social Security Worker's Comp-Interfund Repairs & Maintenance Request Total Amount Requested -- - $3,797 $199 $290� $91 :•! $3,500 $0 la. Description of request: The Sheriffs Office received a Federal Financial Assistance Grant of $35,385 from the Washington State Parks and Recreation Commission for Recreational Boating Safety. The Sheriffs Office spent $29,538 in 2012. A supplemental budget for the remaining $5,847 was approved April 23, 2013 (AB2013-142, Ordinance 2013-021). In May 2013, the Sheriffs Office received an additional award of $7,877. The Sheriffs Office will use the additional funds in 2013 for water patrols and boat maintenance. 1 b. Primary customers: Whatcom County citizens and visitors. 2. Problem to be solved: The Sheriffs Office requires budget authority to spend the additional award prior to expiration of the grant on September 30, 2013. 3a. Options / Advantages: Additional funds may be used only for allowable recreational boating safety grant expenditures. 3b. Cost savings: Cost savings of $7,877. 4a. Outcomes: The Sheriffs Office will conduct recreational boating safety patrols and provide inspections and visual spot checks of recreational vessels to insure compliance with county codes and state law. 4b. Measures: Written vessel inspections and visual spot inspections of recreational vessels. 5a. Other Departments/Agencies: n/a 5b. Name the person in charge of implementation and what they are responsible for. n/a 6. Funding Source: WA State Parks and Recreation Commission, Recreational Boating Safety (RBS) Grant, CFDA 97.012. Monday, May 20, 2013 Rpt: Rpt Suppl Regular 110 WATCOM COUNTY SHERIFF'S OFMCE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICI{ CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR WENDY JONES CHIEF OF CORRECTIONS Memorandum FAY& C R - &-WJ KWIM I VED TO: Jack Louws, County Executive MAY 20'': FROM: Sheriff Bill Elfo �✓r� JACK L 0I ` 1, a 1a r-a DATE: May 20, 2013 Cu..sVE 5 SUBJECT: Supplemental Budget ID# 1541 2013 Operation Stonegarden FFY2012 The attached Supplemental Budget requests revenue and expenditure budget authority for Department of Homeland Security Operation Stonegarden Program FFY2012 projects in 2013. Background and Purpose The Department of Homeland Security (DHS) awarded Operation Stonegarden Program (OPSG) FFY2012 funds of $725,000 to Whatcom County to enhance law enforcement's preparedness and operational readiness along the international borders of the United States. Of this amount, the Sheriff's Office allocation is $159,900. The Sheriff's Office anticipates using these funds in calendar year 2013: Overtime Wages & Benefits ($72,000), Mileage ($9,900), and Equipment (mobile data terminals $78,000). Funding Amount and Source The funding source for this request is an Operating Transfer In from Whatcom County Sheriff's Office Division of Emergency Management in the amount of $159,900. Funds originate from Department of Homeland Security Operation Stonegarden Program FFY2012, Federal Grant Agreement #E13-232. Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions. Thank you. 111 Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. Supplemental Budget Request Status: Pending Sheriff Operations Supp'l ID # 1541 Fund 9 Cost Center 1003513003 Originator. Dawn Pierce Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: 2013 Operation Stonegarden FFY2012 Department Head Signatur PRequ�ireon Hard Copy Submission) Date Object Description Regular Salaries &Wages Overtime Retirement Social Security Worker's Comp-Interfund --------------------- Tools & Equip Travel -Other Operating Transfer In Amount Requested $1,155 $61,320 -$3,275 $4,780 $1,470 $78,000 $9,900 ($159,900) j Request Total $0 la. Description of request: The Department of Homeland Security (DHS) awarded Operation Stonegarden Program (OPSG) FFY2012 funds of $725,000 to Whatcom County to enhance law enforcement's preparedness and operational readiness along the international borders of the United States. Of this amount, the Sheriffs Office allocation is $159,900: Overtime Wages & Benefits ($72,000), Mileage ($9,900), and Equipment (Mobile Data Terminals $78,000). 1b. Primary customers: Law enforcement agencies and citizens of Whatcom County through increased capability of law enforcement to secure the international border. 2. Problem to be solved. Historically, Whatcom County has been a favored operational area for alien, drug, and weapons smugglers due to its tenlarate climate and close proximity to Vancouver; BC, Canada, seaports, international airports, and 1-5. The Sheriffs Office will use OPSG funds to purchase approved equipment (mobile data terminals) and for operational overtime and related mileage to provide enhanced patrols in the border area. 3a. Options /Advantages: OPSG funds are awarded specifically for projects that improve border security, projects that would otherwise have to be funded with local monies or eliminated. 3b. Cost savings: Cost savings of $159,900 to Whatcom County Sheriffs Office. 4a. Outcomes: Enhanced patrols will increase law enforcement presence in the border area helping to reduce criminal activity and improving border security. 4b. Measures: Whatcom County Sheriffs Office will purchase equipment and will schedule patrols per contract Monday, May 20, 2013 Rpt: Rpt SUPPI Regular Supplemental Budget Request Straus: Pending Sheriff Operations Supp'l ID # 1541 Fund 1 Cost Center 1003513003 Originator: Dawn Pierce ......... specifications and timelines and will monitor outcomes using daily activity logs. 5a. Other Departments/Agencies: Whatcom County Sheriffs Office Division of Emergency Management (DEM) administers the federal grant. 5b. Name the person in charge of implementation and what they are responsible for: Undersheriff Jeff Parks will coordinate projects for the Sheriffs Office. 6. Funding Source: The funding source for this request is an Operating Transfer In from DEM. Funds originate from Department of Homeland Security Operation Stonegarden Program FFY2012, Federal Grant Agreement #E13-232, CFDA No. 97.067. See DEM Supplemental Budget ID#1542 for corresponding operating transfer out. Monday, May 20, 2013 Rpt: Rpt Suppl Regular 113 Supplemental Budget Request Status: Pending Treasurer Supp I ID # 14a9 Fund 1 Cost Center 3300 Originator: S Oliver .,..... Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Addl Space ❑ Priority 1 Name of Request: Treasurer Closure Day/Unrep Inc Coverage-2013 Depa ment Head Signature (Required on Hard Copy Submission) Date ................... ---- -- Costs: Object Object Description Amount Requested:' 4341.4201 Treasurer's Fees ($16,283) 6110 Regular Salaries & Wages $14,014 -- 6210 Retirement $1,197 6230 Social Security $1,072 Request Total $0 1a. Description of request: Charge new fees for service to the Health Department, Public Works, special purpose taxing districts and other County departments that were not contemplated at the time of the budget adoption. This will be new, sustainable revenues. For example, we will be collecting nearly $12,000 annually in billing and collection fees from the Health Department for services relating to the OSS fees billed on the property tax statement. I expect these new fees to offset all of the increased costs; however, in the event that they don't meet the budgetary need, I will provide supplemental revenues to the Current Expense Fund from the Treasurer's O&M fund as allowed by statute. We currently reimburse the Current Expense Fund a fixed amount annually now, and would propose a small increase to this reimbursment if necessary. 1b. Primary customers: Entities & Departments to whom services are provided. 2. Problem to be solved: This request is in response to the Executive's request for budgetary solutions to cover reinstatement of represented employee closure days and provide a salary increase for unrepresented employees. 3a. Options / Advantages: 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: Entities & Departments to whom Treasurer's Office provides services will start paying fees for those services. 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: New fees Wednesday, May 01, 2013 Rpt: Rpt Sip I Regular Supplemental Budget Request status: Pending Administrative Services Facilities Management .- .............. Supp9 l0 # 1547 Fund 118 Cost Center 118198 Expenditure Type: One -Time Year 1 2013 Originator: Michael Russell Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Feasibility Study Holding/Release Facility /v r f p Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($57,000) ............. _,_ 6630 Professional Services $57,000 ---Request Total -- -- ��--------------�- $0 1 a. Description of request. DLR will be performing some space planning and design work for the new courtroom. While they are on site over the next year the County would like to establish a feasibility study to determine the appropriate use for the PSB (Public Safety Building) and or the Basement of the Courthouse (The Old EOC Area) once the jail moves to its new location. The County will need to determine the best and most feasible location for the inmate holding and release facility before the new jail is constructed. This work will be important to not only determine the location and budget, but will be essential for the needs assessment and organizational abilities of inmate movement and how the County will coordinate the movement of inmates from the new jail to the courts as well as for the process of inmate release. This study will greatly assist the County in determining the next steps in this process. 1b. Primary customers: Whatcom County, The Court System, The citizens of every city within the county as well as the inmates that will be utilizing these facilities. 2. Problem to be solved: To determine the appropriate use for the PSB once the jail moves to its new location. The County will need to determine the best and most feasible location for the inmate holding and release facility before the new jail is constructed 3a. Options /Advantages: This will occur before the needs assessment is done in August/September of this year. This study will supply information for the needs assessment as to a pre -determined location for inmate court holding as well as inmate release. 3b. Cost savings: The cost savings will be in the clear and concise direction this program will take. To do this work with the Main Jail design will encumber and delay the process costing the County additional funds. 4a. Outcomes: This work will be important to not only determine the location and budget, but will be essential for the needs assessment and organizational abilities of inmate movement and how the County will coordinate the movement of inmates from the new jail to the courts as well as for the process of inmate release. 4b. Measures: This study will greatly assist the County in determining the next steps in this process. 5a. Other Departments/Agencies: Sheriff's Office, Courts and Facilities Tuesday, May 21, 2013 Rpt: Rpt Suppl Regular 115 Supplemental Budget Request Status: Pending Administrative Services Facilities Management ..... ............... ....... I .......... ...... Supp'I ID # 1547 Fund 118 Cost Center 118198 Originator. Michael Russell 5b. Name the person in charge of implementation and what they are responsible for: Michael Russell 6. Funding Source: Jail Fund Tuesday, May 21, 2013 Rpt: Rpt Su ppirRegular Supplemental Budget Request Status: Pending Superior Court Supo'1 /o # 150.4 Fund 124 Cost Center 124200 Originator. Dave Reynolds Expenditure Type: One -Time Year 1 2013 Add'I FTE Add'I Space ❑ Priority 1 Name of Request: Drug Court Budget Reduction 2013 X Ite Department ad Sigequired on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4333.1601 JAG/BYRNE Grant $21,340 6110 Regular Salaries & Wages ($21,340) Request Total $0 1a. Description of request: Reduce Drug Court budget by the amount of reduced revenue. 1b. Primary customers: N/A 2. Problem to be solved: Superior Court Administration is eliminating the Drug Court Coordinator's position in response to budget adjustments needed to fund reinstatement of closure days in 2013 and loss of grant revenue which previously funded that position. Excess eliminated position budget authority of $68,160 over and above the amount of the closure day reinstatement and loss of grant revenue will be redistributed within the Drug Court/Family Treatment Court program cost centers. 3a. Options /Advantages: N/A 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: N/A 5b. Name the person in charge of implementation and what they are responsible for: N/A 6. Funding Source: N/A Tuesday, April 30, 2013 Rpt: Rpt t egular WHATCOM C 01ftTrf SHERIFF'S OFFICE SHERIFF BILL ELFO DIRECTOR PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4048 To: From: Subject: DIVISION OF EMERGENCY MAMAGEMENT KENT CATLIN DEPUTY DIRECTOR CEIVEING ADDRESS 31 rand Avenue B Iingham, WA 98225-4048 (360) 676-6681 M AV, 16 -1013 MEM JACK Li7UWS roUNry 9 Jack Louws, County Executive Sheriff Bill Elfo, Director of Emergency Managem Supplemental Budget Request ID it 1542 Dept of Homeland Security, Operation Stonegarden Program (OPSG) FFY2012 OPSG Contract # E13-232 Date: May 16, 2013 The attached Supplemental Budget Request seeks authority to expend $725,000 to be reimbursed from the Dept of Homeland Security FFY12 Operation Stonegarden Program grant. • Background and Purpose Whatcom County Sheriff's Office Division of Emergency Management has been awarded $725,000 from the Dept of Homeland Security (DHS) Operation Stonegarden Program (OPSG) for Federal Fiscal Year 2012. This grant flows from DHS through the Washington State Military Department — Emergency Management Division to Whatcom County. This is the fifth year that WCSO-DEM has received an Operation Stonegarden award. DHS provides OPSG funds to enhance law enforcement preparedness and operational readiness along international borders of the United States. In coordination with US Customs and Border Protection/Border Patrol (CBP/BP), local law enforcement agencies will provide an enhanced presence in the border area. Each agency will perform duties normal to its mission while providing additional law enforcement "eyes and ears" in support of the Homeland Security mission. Participating agencies will not enforce immigration laws on behalf of CBP/BP. Grant funding through OPSG will be used for operational overtime and related mileage to field enhanced patrols in the border area and for the purchase of equipment preapproved during the application process. Equipment includes patrol vehicles, mobile data terminals, radio equipment, and field investigative equipment. The participating agencies are the Blaine, Everson, Ferndale, Lynden, and Sumas Police Departments, the WA Dept of Fish & Wildlife, as well as the Whatcom County Sheriff's Office. The performance period for this grant runs from September 1, 2011 through July 31, 2014. • Funding Amount and Source $725,000 from the Dept of Homeland Security FFY2012 Operation Stonegarden Program, Contract # E13-232, CFDA 97.067 SHSP. Please contact Undersheriff Jeff Parks or Frances Burkhart if you have questions regarding this contract. 118 Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. Supplemental Budget Request Status: Pending Sheriff Emergency Management Supp'i 0 # 1342 Fund 167 Cost Center 16769 Originator: Frances Burkhart Expenditure Type: One -Time Year 1 2013 Add'I FTE El Add'I Space ., Priority 1 Name of Request: Operation Stonegarden FFY2012 Departrh Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4333.8705 St Homeland Sec Grt Prg ($725,000) 7220 Intergov Subsidies $565,100 8351 Operating Transfer Out $159,900 Request Total $0 la. Description of request: The US Dept of Homeland Security FFY2012 Operation Stonegarden Program (OPSG) awarded $725,000 to Whatcom County to enhance the cooperation and coordination among local, Tribal, State, and Federal law enforcement agencies in a joint mission to secure the international borders of the United States. In coordination with US Customs and border Protection/Border Patrol (CBP/BP), local law enforcement agencies will purchase approved equipment and field enhanced patrols to increase visible presence and response capability along the border and around critical infrastructure, helping deny entry and egress routes and transportation hubs to criminal organizations seeking to smuggle narcotics, humans, and terrorists and/or their weapons, and to reduce criminal activity in the border area. 1b. Primary customers: Law enforcement agencies within Whatcom County 2. Problem to be solved: Historically, Whatcom County has been a favored operational area for alien, drug, and weapons smugglers due to its temperate climate and close proximity to Vancouver, BC, Canada, seaports, international airports, and 1-5. The only known clandestine smuggling tunnel along the US/Canadian border was discovered in Whatcom County. British Columbia is home to over fifty known organizations or individuals associated with terrorism. Partnerships between federal, state, and local agencies have always been a critical element of CBP/BP operations in Whatcom County. Operation Stonegarden projects will strengthen these partnerships and improve border security through increased cooperation, enhanced patrols, and additional support equipment. 3a. Options /Advantages: OPSG funds are awarded specifically for projects that will enhance law enforcement's preparedness and operational readiness, projects that would otherwise have to be funded with local monies or eliminated. 3b. Cost savings: Whatcom County Sheriffs Office: $159,900. Other Whatcom County agencies: $565,100. 4a. Outcomes: Enhanced patrols will be completed and equipment purchased per contract specifications and timelines. 4b. Measures: Both Whatcom County and CBP-BP will monitor projects and expenditures against contract deliverables. 5a. Other Departments/Agencies: The cities of Blaine, Everson, Ferndale, Lynden, and Sumas and WA Dept of Fish & Wildlife will increase Wednesday, May 15, 2013 Rpt: Rpt STp1 Regular Supplemental Budget Request status: Pending Sheriff Emergency Management Supp7 0 # 1542 Fund 167 Cost Center 16769 Originator: Frances Burkhart patrols and/or purchase equipment, helping to reduce criminal activity in their jurisdictions. Although receiving no OPSG funding, CBP/BP will see enhanced coordination and cooperation with local law enforcement agencies in a joint effort to secure the international border of Whatcom County. 5b. Name the person in charge of implementation and what they are responsible for: Undersheriff Jeff Parks will coordinate projects for the Sheriffs Office. Each Police Chief will coordinate projects for his specific jurisdiction. Marine Sergeant Russ Mullins will coordinate projects for WA Dept of Fish & Wildlife. Joe Jovanovich, CBP/BP, will coordinate projects/patrols between CBP/BP and participating local law enforcement agencies. 6. Funding Source: Federal Grant: US Dept of Homeland Security FFY2012 Operation Stonegarden Grant Program, Contract #E13-232, CFDA# 97.067 HSGP. Wednesday, May 15, 2013 Rpt: Rpt STpl Regular Supplemental Budget Request Status: Pending Sheriff Emergency Management Supp'11D # 1493 Fund 167 Cost Center 16773 Originator. Sheriffs Office - ...........- Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Reinstate EMPG closure day budget - 2013 1 x�� i ..... Departm ead Signature (Required on Hard Copy Submission) Date la. Description of request: Reinstate closure day budget for Clerk IV position covered by grant funding in Emergency Management Division. 1b. Primary customers: 2. Problem to be solved. All budgets were reduced during the biennial budget process for the effect of 6 closure days. The closure days will not take place and this staff member is fully funded by federal grant funding. The full amount of grant funding is already in the budget, the expenditure budget needs to be reinstated. 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Federal EMPG grant. Wednesday, May 01, 2013 Rpt: Rpt 1uppI Regular Supplemental Budget Request status: Pending Non -Departmental supp'l to # 1550 Fund 175 Cost Center 17500 Originator: Jack Louws Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: City of Everson Park Acquisition Department Head ignature equired on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910,1000 Fund Balance ($228,000) 7220 Intergov Subsidies $228,000 Request Total $0 1a. Description of request. The City of Everson is pursuing acquisition of the property along Main Street that was formerly the golf course; the property is located in the overflow corridor of the Nooksack River and is subject to flooding that can be deep and fast -flowing. The property has an approved preliminary plat for a 48-lot residential subdivision; however, the City intends to acquire the property, rezone it for open space use, and develop it for recreational use. An Interlocal agreement will define the terms for future use, grading and construction of improvements to ensure they are consistent with the flood risk and reserving the land for recreational use. 1b. Primary customers: The property acquisition will eliminate the potential for 48 new homes in a hazardous part of the Nooksack River floodplain, benefiting the City of Everson and general public; both City and County residents will benefit from the future recreational site. 2. Problem to be solved. The former golf course is zoned residential and the previous owner was able to get approval for a 48-lot subdivision, but was unable to develop it. The property went through foreclosure, and the City has entered into a purchase agreement with the bank and is trying to secure adequate funding to complete the acquisition. Once acquired the property will be downzoned to recreational open space, thereby eliminating the possibility that residences will be constructed in the floodplain and the property no longer available for recreational use. 3a. Options /Advantages: The other option is to not provide a cost -share towards the purchase of the property, which may lead to the Qbty being unable to complete the purchase. Future buyers other than the City would be more likely to move forward with developing the parcel, which ultimately would put more people, and private and public infrastructure in a hazardous area of the floodplain and make the property unavailable for recreational purposes. 3b. Cost savings: It is not possible to determine the cost of future flood damages that will be avoided by removing the development potential. 4a. Outcomes: The property will be purchased within the next few months, once the interlocal agreement is executed, ensuring Everson has adequate funds. 4b. Measures: "fhe property will be acquired by Everson and rezoned to open space recreation, precluding future residential development Tuesday, May 21, 2013 Rpt: Rpt S� egular Supplemental Budget Request Status: Pending Non -Departmental Supp7 lD # 1550 Fund 175 Cost Center 17500 Originator: Jack Louws 5a. Other Departments/Agencies: The City of Everson is directly impacted, both by a reduction in the need for development review of the approved preliminary plat, and an increase in the need for development of park facilities. Flood Control Zone District funding is also being requested for use in funding the property acquisition. 5b. Name the person in charge of implementation and what they are responsible for: The Mayor of Everson 6. Funding Source: The funding sources for the property acquisition are as follows: City of Everson funds - $18,000 Conservation Futures funds - $228,000 FCZD funds - $114,000 The Conservation Futures funds are from the fund balance Tuesday, May 21, 2013 Rpt: Rpt Supp! Regular 123 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-211 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: I�la"� �7, (�25 06104113 Intro 06118113 Finance Comm.; Division Head: `:V .S' :5) fffDD Board of Supervisors Dept. Head: MAY 2 2013 13 Prosecutor: 05 W H AT COM COUNTY / G ` Purchasing/Budget: 2Z COUNCIL Executive. ) 1 i.0 1 1 1 TITLE OF DOC NT.- Flood Control Zone District 2013 Supplemental Budget Request #3 ATTACHMENTS. Resolution, Memoranda and Budget Modification Requests SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( )Fes ( x) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #3 requests funding from the Flood Control Zone District Fund: L To appropriate $114,000 to fund City of Everson floodplain property acquisition. 2. To appropriate $67,242 to fund Natural Resources Property Manager position. 3. To appropriate $30,440 to fund Pollution Identification and Control Program from grant proceeds. COMMITTEE ACTION. • BOARD OF SUPERVISORS ACTION.• 6/04/2013: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 124 SPONSORED BY: Consent PROPOSED BY: Public Works INTRODUCTION DATE: 6/04/13 RESOLUTION NO. (A resolution of the Whatcom County Flood Control Zone District Board of Supervisors) AMENDMENT NO. 3 OF THE 2013 BUDGET WHEREAS, -the 2013 budget for the Whatcom County Flood Control Zone District and Subzones was adopted November 20, 2012; and, WHEREAS, changing circumstances require modifications to the approved 2013 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Board of Supervisors, NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone District Board of Supervisors that the 2013 budget as approved in Resolution 2012-035 is hereby amended by adding the following additional amounts to the budgets included therein: Expenditures Revenues Net Effect Flood Control Zone District 211.682 (37,164) 174.518 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: VQ1241 hao� Civil Deputy Prosecutor 2013 WHATCOM COUNTY FCZD BOARD OF SUPERVISORS WHATCOM COUNTY, WASHINGTON Kathy Kershner, Chair of the Board of Supervisors I:\BUDGET\SUPPLS\2013 Suppl\FCZDRes#3.doc 125 Flood Control Zone District and Subzones Supplemental #3 Expenditures Revenues Fund Balance Flood Control Zone District To fund City of Everson floodplain property acquisition. 114,000 - 114,000 Flood Control Zone District - Natural To fund Natural Resources Resources Program Manager position. 67,242 6,724 60,518 Flood Control Zone District - Natural To fund Pollution Identification Resources and Control Program from grant proceeds. 30,440 (30,440) - Total Supplemental 211,682 (37,164 174,518 126 WHATCOM COUNTY �GOM co RIVER AND FLOOD PUBLIC WORKS DEPARTMENT 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 FRANK M. ABART �' Phone: (360) 676-6876, (360) 398-1310 DIRECTOR gsh�N�t02www.whatcomc ounty 0 RECc' MEMORANDUM MAY ��fj TO: The Honorable Members of the Whatcom County JACK LOUWS Flood Control Zone District Board of Supervisors w-- 1 """ 0l t Env THROUGH: Frank M. Abart, Public Works Director FROM: Paula J. Cooper, River and Flood ager Chris Brueske, Assistant Directo RE: FCZD 2013 Supplemental Budget Request — City of Everson Floodplain Property Acquisition DATE: May 15, 2013 The attached Supplemental Budget Request (ID# 1536) is proposed to provide funding to the City of Everson towards acquisition of floodplain property along Main Street. At their April 11, 2013 meeting, the FCZD Advisory Committee unanimously supported a recommendation to approve the supplemental budget request. The proposed supplement to the 2013 FCZD budget will: • Increase budgeted expenditures by $114,000 • Impact the 2013 FCZD budget by a net increase of $114,000 Please contact Paula Cooper at extension 50625, if you have any questions or concerns regarding the terms of this supplemental budget request. Encl 127 Supplemental Budget Request status: Pending Public Works Flood Control Zone District sc,pp7 its Bess Fund 169 Cost Center 169114 Originator. Paula Cooper _----- Expenditure Type: One -Time Year 1 2013 Add'I FTE -- i Add'I Space Priority 1 Name of Request: Everson Property Acquisition Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($114,000) 7220 Intergov Subsidies $114,000 Request Total $0 1a. Description of request: The City of Everson is pursuing acquisition of the property along Main Street that was formerly the golf course; the property is located in the overflow corridor of the Nooksack River and is subject to flooding that can be deep and fast -flowing. The property has an approved preliminary plat for a 48-lot residential subdivision; however, the City intends to acquire the property, rezone it for open space use, and develop it for recreational use. An Interlocal agreement will define the terms for future use, grading and construction of improvements to ensure they are consistent with the flood risk. 1b. Primary customers: The property acquisition will eliminate the potential for 48 new homes in a hazardous part of the Nooksack River floodplain, benefiting the City of Everson and general public; both City and County residents will benefit from the future recreational site. 2. Problem to be solved: The former golf course is zoned residential and the previous owner was able to get approval for a 48-lot subdivision, but was unable to develop it. The property went through foreclosure, and the City has entered into a purchase agreement with the bank and is trying to secure adequate funding to complete the acquisition. Once acquired the property will be downzoned to recreational open space, thereby eliminating the possibility that residences will be constructed in the floodplain. 3a. Options / Advantages: From the FCZD perspective, the other option is to not provide a cost -share towards the purchase of the property, which may lead to the Coty being unable to complete the purchase. Future buyers other than the City would be more likely to move forward with developing the parcel, which ultimately would put more people, and private and public infrastructure in a hazardous area of the floodplain. 3b. Cost savings: It is not possible to determine the cost of future flood damages that will be avoided by removing the development potential. 4a. Outcomes: The property will be purchased within the next few months, once the interlocal agreement is executed, ensuring Everson has adequate funds. 4b. Measures: The property will be acquired by Everson and rezoned to open space recreation, precluding future residential development 5a. Other Departments/Agencies: The City of Everson is directly impacted, both by a reduction in the need for development review of the Wednesday, May 15, 2013 Rpt: Rpt Jg2ifegu[ar Supplemental Budget Request Status: Pending Public Works Flood Control Zone District Supp'l ID 1536 i Fund 169 Cost Center 169114 Originator: Paula Cooper ... ... ......... . approved preliminary plat, and an increase in the need for development of park facilities. Conservation Futures funding is also being considered for use in funding the property acquisition. 5b. Name the person in charge of implementation and what they are responsible for: The Mayor of Everson 6. Funding Source: The funding sources for the property acquisition are as follows: City of Everson funds - $18,000 Conservation Futures funds - $228,000 FCZD funds - $114,000 The FCZD funds are from the fund balance Wednesday, May 15, 2013 Rpr. Rpt SfNegular WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Frank M. Abart Director MEMORANDUM To: Honorable Members of the Whatcom County Council, and The Honorable Jack Louws, Whatcom County Executive Through: Frank M. Abart, Director From: Chris Brueske, P.E., Assistant Directo Date: May 17, 2013 Water Resources 322 N. Commercial Street, Ste 210 Bellingham, WA 98225-4042 Phone: (360) 676-6692 Fax: (360) 738-4561 Re: Supplemental Budget Request — Natural Resource Program Manager Enclosed for your review and consideration is Supplemental Budget Request ID No. 1526 related to the addition of a Program Manager FTE in the Public Works Department. Background and Purpose The attached supplemental budget provides for the addition of a Program Manager in the Public Works Department to coordinate Water Resource Inventory Area (WRIA) 1 activities, including Planning Unit coordination, Watershed Management Plan implementation, water supply planning, salmon recovery and shellfish protection, and other natural resource functions. Water supply planning and natural resource management are crucial to the economic and environmental well-being of the community. This additional staff capacity will enhance Whatcom County's ability to advance WRIA 1 activities and water supply planning. Funding Amount and Source The supplemental budget request is for $67,242 to provide for salary and benefits for the remainder of 2013. Approximately 90% of this funding is from the Flood Fund balance. The remaining 10% is split between the Road Fund and the Solid Waste Fund to reflect other duties of this position related to noxious weed management and solid waste. The use of Flood Fund revenues for watershed management projects is specifically authorized in RCW 39.34.190. Please contact Chris Brueske at extension 50693 if you have any questions or concerns regarding this supplemental budget request. 130 Supplemental Budget Request status: Pending Public Works Natural Resources Supp7lo # 1526 Fund 169 Cost Center - 16 it 2 % Originator. Chris Brueske Expenditure Type: Ongoing Year 1 2013 Add'I FTE W Add'I Space ❑ Priority 1 Name of Request: Program Manager - Natural Resources Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910,1000 Fund Balance ($60,518) 4349.4201 Interfund Services - Solid Waste 4349.4209 Interfund Services - Road 6110 Regular Salaries & Wages 6290 Applied Benefits Request Total ($3,362) -- - ($3,362) $40,025 --- -- $27,217 1a. Description of request: This supplemental budget request provides for the addition of a new working manager to coordinate Water Resource Inventory Area (WRIA) 1 activities including Planning Unit coordination, Watershed Management Plan implementation, water supply planning, salmon recovery and shellfish protection, and other natural resource functions. 1b. Primary customers: The primary customers of the service are the citizens of Whatcom County. Water supply planning and natural resource management are crucial to the economic and environmental well-being of the community. Industry, agriculture, economic and community growth, and salmon restoration are inexorably linked by the need for a reliable, predictable, and clean water supply. 2. Problem to be solved: This additional staff capacity will enhance Whatcom County's ability to advance WRIA 1 activities and water supply planning. It will also streamline management of various natural resource functions including shellfish protection and salmon recovery. 3a. Options /Advantages: As an alternative to the creation of this position, this role could conceivably be contracted out to a private entity. This would require a long-term commitment by a private entity to ensure that institutional history is maintained. The cost of contracting this role out would be approximately double the cost of creating the position. 3b. Cost savings: Cost savings will be realized through enhanced efficiency and capacity to address long term water supply issues. The economic vitality of the County is dependent on effective management of water supply for industry, agriculture, growth, and environmental protection. 4a. Outcomes: The outcome of this supplemental budget request would be an increased ability by the County to advance WRIA 1 activities, Watershed Management Plan implementation, and water supply planning. It would assist in building certainty around the availability of water for various competing uses. It would also increase the efficiency of the various natural resource initiatives that Public Works manages. 4b. Measures: Friday, May 17, 2013 Rpt: Rpt S Slfegular Supplemental Budget Request Status: Pending Public Works Natural Resources Supp7 ID # 152s 'Fund 169 Cost Center 169119 Originator. Chris Brueske N/A. 5a. Other Departments/Agencies: This position will work closely with Whatcom County Planning and Development Services and the Whatcom County Health Department. It will also require close coordination with a wide range of agencies and stakeholders involved in the management of water supply, including the Washington State Department of Ecology, the Washington State Department of Health, the City of Bellingham, Public Utility District No. 1, the Lummi Nation, the Nooksack Tribe, the Conservation District, Farm Friends, and others. 5b. Name the person in charge of implementation and what they are responsible for: Chris Brueske, Assistant Public Works Director, will be responsible for managing the new position. 6. Funding Source: Flood fund balance, Solid Waste and Noxious Weed interfund transfers. Friday, May 17, 2013 Rpt: Rpt S"TIIRegular WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM NATURALRESOURCES 322 N. Commercial, Suite 110 Bellingham, WA 98225 Telephone: (360) 676-6876 FAX: (360) 738-2468 www.whatcomcoyn!y.us TO: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director �4/,13 FROM: Chris C. Brueske, P.E., Assistant Direc��* DATE: May 17, 2013 RE: Supplemental Budget Request The Public Works Natural Resources Division is requesting supplemental budget authority for FY 2013: On March 26, 2013, the County Council approved a grant agreement between the Washington State Department of Health and Whatcom County to support a Pollution Identification and Control Program between February 2013 and April 2015. The attached supplemental budget formalizes the authority to expend these grant funds as follows during 2013: • $30,440 to be added to the Natural Resources Cost Center, 169119. • A temporary, part-time field staff position will be hired to assist with the water quality monitoring program for both routine and focus area monitoring. The monitoring program helps characterize water quality patterns at over 90 routine sites and will provide additional monitoring in focus areas to guide water quality improvement projects. The grant agreement fully funds this position with $13,440 in 2013. • A community outreach and engagement strategy will be developed and implemented in focus areas with consistently elevated bacteria levels. The grant agreement provides an additional $7,000 in 2013 to support this task. • The outreach strategy will include technical and financial assistance for agricultural best management practices for small farms through the Whatcom Conservation District. The grant agreement provides an additional $10,000 in 2013 to support these efforts. Please contact Erika Douglas at extension 50692 if you have any questions or concerns regarding the expenditure of these grant funds. 133 Supplemental Budget Request status: Pending Public Works Natural Resources Supp'l ID # 1537 Fund 169 Cost Center 169119 Originator: Erika Douglas Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: New DOH grant Department Head Signature (Required on Hard Copy Submission) Date Costs Object Object Description 4333 Federal Grants - Indirect Amount Requested ($30,440) 6120 Extra Help $8,000 6290 Applied Benefits $5,440 6330 Printing $2,000 6630 Professional Services $5,000 7210 Intergov Prof Svcs $10,000 Request Total $0 la. Description of request. - This supplemental budget requests authority to spend funds received through new grant funding to support enhanced water quality monitoring, community outreach, technical/financial assistance programs for landowners in watersheds with elevated bacteria levels in creeks and marine waters, and coordination with other local, state, tribal, and federal organizations working to improve water quality in Whatcom County. This includes a part-time field staff to assist with the water quality monitoring program. 1b. Primary customers: The primary customers are the landowners in priority areas identified for water quality improvements in Whatcom County coastal drainages, community members and visitors that recreate in Whatcom County waterbodies, and shellfish harvesters (commercial, tribal, recreational). 2. Problem to be solved: This grant funding will allow Whatcom County to evaluate elevated bacteria levels that have been observed in Drayton Harbor, Nooksack River, and Birch Bay watershed, resulting in closures or potential closures of shellfish growing areas. Priority areas for water quality improvements have been identified to assist with improving marine water quality and reopening or preventing the closure of shellfish growing areas as well as supporting other water -related recreational activities. 3a. Options / Advantages: Grant funding provides greater opportunity to work with landowners to build knowledge about water quality patterns, identify community solutions in areas with the greatest problems, and provide assistance programs to help landowners implement water quality improvement projects. Without the grant funding, programs would focus on routine monitoring and limited outreach and assistance that is currently in the Public Works Natural Resources budget. 3b. Cost savings: N/A. 4a. Outcomes: This grant funding will result in a comprehensive local water quality database, enhanced monitoring in focus drainages, improved community outreach and engagement (neighborhood meetings and workshops, educational materials, technical and financial assistance programs), and implementation of Monday, May 20, 2013 Rpt: Rpt S,itVegular Supplemental Budget Request Status: Pending Public Works Natural Resources Supp'l 1D # 1537 Fund 169 Cost Center 169119 Originator. Erika Douglas best management practices to improve water quality. 4b. Measures: Measurements of the program's progress will include the number of participating landowners, the number of best management practices implemented or enhanced, and fecal coliform levels observed through the water quality monitoring program. 5a. Other Departments/Agencies: This program will work with the Whatcom County Health Department, Planning and Development Services, Whatcom Conservation District, and the state departments of Health, Ecology, and Agriculture. 5b. Name the person in charge of implementation and what they are responsible for: Chris Brueske, Assistant Public Works Director, will be responsible for project oversight. Erika Douglas, Whatcom County Natural Resources Senior Planner, will be responsible for project management, water quality monitoring, community outreach, and coordination with other departments and agencies to provide technical and financial assistance programs to landowners. 6. Funding Source: Interagency agreement between the State of Washington Department of Health and Whatcom County (N19934, Whatcom County contract #201303006). Monday, May 20, 2013 Rpt: Rpt Suppl Regular 135 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-212 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: ZZ.13 6/4/13 Intro 6118113 Finance Division Head: `\/� ._ f �l v Committee; MAY 2 8 201 ������ COUNTY Council Dept. Head: Prosecutor: ` 3 Purchasing/Budget: � �Zt �° � � � � � I L Executive: L TITLE OF DOCCIMENT, 2014 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 transfer appropriation authority of $60,731 from District Court Probation to District Court. 2. To appropriate $60, 731 in District Court to fund 2014 budget adjustments from Probation transfer. 3. To transfer appropriation authority of $51,686 from Juvenile to Superior Court Administration and County Clerk. 4. To appropriate $1,765 County Clerk to fund 2014 Assigned Counsel closure day adjustment from Juvenile transfer. 5. To appropriate $24,767 in County Clerk to fund 2014 County Clerk closure day and Unrep pay increase adjustments from Juvenile transfer. 6. To appropriate $22,423 in Superior Court Administration to fund 2014 Superior Court Unrep pay increase adjustments from Juvenile transfer. 7. To appropriate $2,731 in Superior Court to fund 2014 Courthouse Facilitator closure day budget adjustments from Juvenile transfer. 8. To appropriate $17,719 in Treasurer to fund 2014 closure day and Unrep pay increase adjustments from new fee for service revenues. From the Mental Heath /Chemical Dependency Fund: 9. To reduce Drug Court appropriation by $21,340 due to decrease in grant funding. From the Emergency Management Fund: 10. To appropriate $1,125 to fund closure day adjustment in Emergency Management Division. COMMITTEE ACTION: COUNCIL ACTION.• 6/04/2013: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 136 SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DATE: 6/4/13 ORDINANCE NO. AMENDMENT NO. 1 OF THE 2014 BUDGET WHEREAS, the 2013-2014 budget was adopted November 20, 2012; and, WHEREAS, changing circumstances require modifications to the approved 2013-2014 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2013- 2014 Whatcom County Budget Ordinance #2012-048 is hereby amended by adding the following additional amounts to the 2014 budget included therein: Expenditures Revenues Net Effect General Fund District Court Probation (60,731) - (60,731) District Court 60,731 - 60,731 Juvenile (51,686) - (51,686) County Clerk 26,532 - 26,532 Superior Court Administration 25,154 - 25,154 Treasurer 17,719 (17,719) - Total General Fund 17,719 (17,719) Mental Health/Chemical Dependency Fund (21,340) 21,340 - Emergency Management Fund 1,125 - 1,125 Total Supplemental (2,496)1 3,6211 1,125 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk 2013. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Chair of the Council APPROVED AS TO FORM: ( ) Approved () Denied Civil Deputy Prosecutor Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2014_Suppl\Supplementa1 #1-2014.doc 137 WHATCOM COUNTY Summary of the 2014 Supplemental Budget Ordinance No. 1 Net Effect to Increased Fund Balance Expenditure (Increased) (Increase) Department/Fund Description Decrease Revenue Decrease General Fund District Court Probation To transfer appropriation authority to District Court. 60,731 - 60,731 District Court To fund 2014 budget adjustments from Probation transfer. 60,731 - 60,731 Juvenile To transfer appropriation authority to Superior Court Administration and County Clerk. 51,686 - 51,686 County Clerk To fund 2014 Assigned Counsel closure day adjustments from Juvenile transfer. 1,765 - 1,765 To fund 2014 County Clerk closure day and Unrep County Clerk pay increase budget adjustments from Juvenile transfer. 24,767 - 24,767 Superior Court Administration To fund Superior Court Unrep pay increase adjustments from Juvenile transfer. 22,423 - 22,423 To fund Superior Court - Courthouse Facilitator Superior Court Administration closure day budget adjustments from Juvenile transfer. 2,731 - 2,731 Treasurer To fund 2014 closure day and Unrep pay increase adjustments from new fee for service revenues. 17,719 (17,719) - Total General Fund 17,719 (17,719) - Mental Health/Chemical Dependency Fund - To reduce Drug Court appropriation due to decrease (21,340) 21,340 Superior Court Administration in grant fundin . Emergency Management Fund To fund closure day adjustment. 1,125 1,125 Total Supplemental (2,496) 3,621 1,125 138 Supplemental Budget Request Status: Pending District Court Probation Su, o'UD f 152 Fund 1 Cost Center 1310 Originator: Bruce Van Glubt Expenditure Type: Ongoing Year 2 2014 Add'll FTE i_ Add'i Space - Priority 1 Name of Request: 2014 District Court Probation Bgt Adjustments Department Head Signature (R q)ait d on Hard Copy Submission) Date Costs, Object Object Description Amount Requested 2910,1000 Fund Balance $60,731 6110 6210 6230 6245 6255 6259 Request Total 1a. Description of request: Regular Salaries & Wages Retirement Social Security Medical Insurance Other H&W Benefits Worker's Comp-Interfund ($39,824) ($3,971) ($3,046) ($11,827) ($1,335) ($728) $0 Close one vacant Probation Officer position for a total savings of $90,662. $29,931 of this amount will be used in the department to cover the elimination of 6 closure days and unrepresented employee wage increases. We request that the remaining $60,731 be added to the District Court budget to cover its closure day elimination and unrepresented wage increase adjustments ($22,421). The excess amount of $38,310 will be used to increase line items where shortfalls occur. (see related District Court suppl ID 1521) 1b. Primary customers: 2. Problem to be solved. Due to the elimination of closure days and increases in unrepresented employee wages, staffing costs will exceed the 2014 adopted budget. Executive recommended and Council approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. 3a. Options /Advantages: It has been determined that the Probation Department can successfully absorb this reduction. 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: This proposal will also provide for amounts needed in the District Court budget. 5b. Name the person in charge of implementation and what they are responsible for: Bruce Van Glubt, District Court and District Court Probation Administrator Thursday, April 25, 2013 Rpt- Rpt SQ Regedar Supplemental Budget Request Status: Pending District Court Probation Supp'11D # 1520 Fund 1 Cost Center 1310 Originator: Bruce Van Glubt 6. Funding Source: Elimination of a position. Thursday, April 25, 2013 Rpt. Rpt St4gegular Supplemental Budget Request stags: Pending District Court Supo l 1D # 157 21 Fund 1 Cost Center 1300 Originator. Bruce Van Glubt/M Caldwell Expenditure Type: Ongoing Year 2 2014 Add'I FTE Add'I Space Priority 1 Name of Request: 2014 District Court Bgt Adjustments lz 7, Department Head Signature (Requilre' o Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($60,731) 6110 Regular Salaries & Wages $19,113 6120 Extra Help $14,237 6210 Retirement $1,846 6230 Social Security $1,462 6340 Books-Publications-Supsc $5,000 6655 Interpreter Services $14,073 6719 Postage-Interfund $5,000 Request Total $0 la. Description of request. Add $60,731 to District Court's budget to cover the $22,421 needed as a result of the elimination of 2014 closure days and unrepresented wage increases. The remaining $38,310 will be used to increase the budget for specific line items where we frequently encounter shortfalls. These line items include: Extra Help/Pro Terns, Judge's Legal Publications, Interpreter Services and Postage. Funding will come from the elimination of a vacant Probation Officer position in District Court Probation. (see related District Court Probation suppl ID 1520) 1b. Primary customers: N/A 2. Problem to be solved: Due to the elimination of closure days and increases in unrepresented employee wages, staffing costs will. exceed the 2014 adopted budget. Executive recoi����.ended and Council apprvad budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. In addition, due to multi -year budget constraints, District Court has been unable to ask for Additional Service Requests for areas of its operations that have traditionally needed more funding. 3a. Options / Advantages: It has been determined that the Probation Department can successfully absorb the reduction and this option will meet both departments' needs. 3b. Cost savings: IV/A 4a. Outcomes: N/A 4b. Measures: Wednesday, May 01, 2013 Rpt: Rpt �a�1� Regular Supplemental Budget Request status: Pending District Court suppv ID # 1521 Fund 1 Cost Center 1300 Originator: Bruce Van Glubt/M Caldwell N/A 5a. Other Departments/Agencies: District Court Probation will decrease one Probation Officer position. 5b. Name the person in charge of implementation and what they are responsible for: Bruce Van Glubt, District Court and District Court Probation Administrator 6. Funding Source: District Court Probation budget authority. Wednesday, May 01, 2013 Rpt: Rpt 8' 42?egular Supplemental Budget Request Status. Pending Juvenile Administration suoa'l P-) # 1529 Fund 1 Cost Center 1900 Expenditure Type: Ongoing Year 2 2014 Originator. D Reynolds/M Caldwell Add'l FTE Add'l Space Priority 1 Name of Request: 2014 Juvenile Trf to Superior Ct/Clerk X DepartmePKeadSiga-nature (Required on Hard Copy Submission) Date Casts: Object Object Description Amount Requested 2910.1000 Fund Balance $51,686 6110 Regular Salaries & Wages ($2,731) 6110 Regular Salaries & Wages ($24,767) 6110 Regular Salaries & Wages ($1,765) 6110 Regular Salaries & Wages ($22;423) Request Total $0 1a. Description of request. Transfer $22,423 of budget authority to Superior Court Administration (cost center 3100), $2,731 to Superior Court Administration - Courthouse Facilitators (cost center 3160), $1,765 to County Clerk - Assigned Counsel (cost center 3140), and $24,767 to County Clerk (cost center 3150) to cover 2014 reinstatement of closure day costs for the Master Bargaining Unit and Unrep wage increase in those departments. (see related supplemental IN 1530, 1531, 1532, & 1533 for Superior Court Administration and County Clerk) 1b. Primary customers: Staff 2. Problem to be solved: Due to the elimination of closure days and increases in unrepresented employee wages, staffing costs will exceed the 2014 adopted budget. Executive recommended and Council approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. Juvenile, Superior Court Administration and County Clerk are jointly managed departments. The Director of Superior Court Administration proposes to eliminate 2 vacant positions in Juvenile and use the wage and benefit savings to fund the closure day/Unrep pay increase adjustments in all three departments. This supplemental will decrease the Juvenile budget to enable the addition of the budget authority in County Clerk and Superior Court Administration. 3a. Options / Advantages: 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Depart®nents/Agencies; This supplemental request will enable the budget authority in Superior Court Administration and County Clerk to be increased to cover closure days/Unrep wage increases. Wednesday, May 01, 2013 Rpt: Rpt S14aegu[ar Supplemental Budget Request Juvenile Administration Status: Pending supp7lD # 1529 Fund 1 _ Cost Center 1900 Originator: D Reynolds/M Caldwell 5b, Name the person in charge of implementation and what they are responsible for: Dave Reynolds, Director of Superior Court Administration, manages all three budgets. 6. Funding Source: Eliminated positions Tuesday, AprU 30, 2013 Rpt: RptJr 4ftular Supplemental Budget Request status: Pending County Clerk sup t,D g 1 57j2 Fund 1 Cost Center 3140 Originator. D Reynolds/M Caldwell Expenditure Type: Ongoing Year 2 2014 Add'I FTE L Add1 Space I LEJ Priority 1 Name of Request: 2014 County Clerk - Assigned Counsel budget adjust X Department Hea ignature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($1,765) 6110 Regular Salaries & Wages $1,511 6210 Retirement $138 6230 x Social Security $116 Request Total $0 la. Description of request: Increase the wage budget in County Clerk - Assigned Counsel by decreasing the wage budget in Juvenile for no net change to the General Fund. See related Juvenile supplemental ID 1529. 1b. Primary customers: Staff 2. Problem to be solved: Due to the elimination of closure days and increases in unrepresented employee wages, staffing costs will exceed the 2014 adopted budget. Executive recommended and Council approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. Juvenile, Superior Court Administration and County Clerk are jointly managed departments. The Director of Superior Court Administration proposes to eliminate 2 vacant positions in Juvenile and use the wage and benefit savings to fund the closure day/Unrep pay increase adjustments in all three departments. This supplemental will add $1,765 to the County Clerk - Assigned Counsel wage budget to provide the amount needed for 2014 elimination of closure days. 3a. Options /Advantages: 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: This supplemental request relies on a corresponding reduction in the Juvenile Court Administration budget so that there will be a net zero effect to the General Fund. This will be accomplished through Juvenile supplemental ID 1529. 5b. Name the person in charge of implementation and what they are responsible for. Dave Reynolds, Director of Superior Court Administration, manages all three budgets. 6. Funding Source: Tuesday, April 30, 2013 Rpt• Rpt sIRegular Supplemental Budget Request status: Pending County Clerk Supp'I ID # 1532 Fund 1 Cost Center 3140 Originator: D Reynolds/M Caldwell eliminated positions in Juvenile budget Tuesday, April30, 2013 Rpt: Rpt f Regular Supplemental Budget Request status: Pending County Clerk S'-;PP7 1D 9 15 -3 Fund 1 Cost Center 3150 Originator. D Reynolds/M Caldwell Expenditure Type: Ongoing Year 2 2014 Add'I FTE E Add'1 Space J Priority 1 Name of Request: 2014 County Clerk budget adjustments _....... - -- - - --- -- — --- - --- .. Department Hea Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($24,767) 6110 Regular Salaries & Wages $21,169 -- 6210-----_- Retirement --- - --_- _-- - _ $1,978 6230 Social Security $1,620 Request Total $0 la_ Description of request: Increase the wage budget in County Clerk by decreasing the wage budget in Juvenile for no net change to the General Fund. See related Juvenile supplemental ID 1529. 1b. Primary customers: Staff 2. Problem to be solved: Due to the elimination of closure days and increases in unrepresented employee wages, staffing costs will exceed the 2014 adopted budget. Executive recommended and Council approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. Juvenile, Superior Court Administration and County Clerk are jointly managed departments. The Director of Superior Court Administration proposes to eliminate 2 vacant positions in Juvenile and use the wage and benefit savings to fund the closure day/Unrep pay increase adjustments in all three departments. This supplemental will add $24,767 to the County Clerk wage budget to provide the amount needed for 2014 elimination of closure days and Unrep pay increases. 3a. Options / Advantages: 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: This supplemental request relies on a corresponding reduction in the Juvenile Court Administration budget so that there will be a net zero effect to the General Fund. This will be accomplished through Juvenile supplemental ID 1529. 5b. Name the person in charge of implementation and what they are responsible for: Dave Reynolds, Director of Superior Court Administration, manages all three budgets. 6. Funding Source: Tuesday, April 30, 2013 Rpt: Rpt 5147Regular Supplemental Budget Request Status: Pending County Clerk Supp l ID # 1533 Fund 1 Cost Center 3150 Originator: D Reynolds/M Caldwell eliminated positions in Juvenile budget Tuesday, April 30, 2013 Rpt: Rpt 44&egular Supplemental Budget Request status: Pending Superior Court supp'j rJ # Fund 1 Cost Center 3100 Originator: D Reynolds/M Caldwell Expenditure Type: Ongoing Year 2 2014 Add'I FTE a Add'I Space ' Priority 1 Name of Request: 2014 Superior Court Bgt Adjustments Department Head Si ature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($22,423) 6110 Regular Salaries & Wages $18,953 6210 Retirement $2,020 6230 �a Social Security $1,450 Request Total $0 la. Description of request: Increase the wage budget in Superior Court Administration by decreasing the wage budget in Juvenile for no net change to the General Fund. See related Juvenile supplemental ID 1529. 1b. Primary customers: Staff 2. Problem to be solved: Due to the elimination of closure days and increases in unrepresented employee wages, staffing costs will exceed the 2014 adopted budget. Executive recommended and Council approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. Juvenile, Superior Court Administration and County Clerk are jointly managed departments. The Director of Superior Court Administration proposes to eliminate 2 vacant positions in Juvenile and use the wage and benefit savings to fund the closure day/Unrep pay increase adjustments in all three departments. This supplemental will add $22,423 to the Superior Court Administration wage budget to provide the amount needed for 2014 Unrep wage increases. 3a. Options /Advantages: 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: This supplemental request relies on a corresponding reduction in the Juvenile Court Administration budget so that there will be a net zero effect to the General Fund. This will be accomplished through Juvenile supplemental ID 1529. 5b. Name the person in charge of implementation and what they are responsible for. Dave Reynolds, Director of Superior Court Administration, manages all three budgets. 6. Funding Source: Tuesday, April 30, 2013 Rpt: Rpt. 49?egular Supplemental Budget Request status: Pending Superior Court Supp7 ID # 1530 Fund 1 Cost Center 3100 eliminated positions in Juvenile budget Originator: D Reynolds/M Caldwell Tuesday, April 30, 2013 Rpt: Rpt A5&,gu(ar Supplemental Budget Request status. Pending Superior Court 153 Fund 1 Cost Center 3160 Originator: D Reynolds/M Caldwell Expenditure Type: Ongoing Year 2 2014 Add'I FTE L Add'I Space Priority 1 Name of Request: 2014 Superior Court - CH Facilitator Bgt Adjust X/ Department Hea Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($2,731) 6110 Regular Salaries & Wages $2,339 6210 Retirement g $213 6230 Social Security $179 Request Total $0 la. Description of request. Increase the wage budget in Superior Court Administration - Courthouse Facilitators by decreasing the wage budget in Juvenile for no net change to the General Fund. See related Juvenile supplemental ID 1529. 1b. Primary customers: Staff 2. Problem to be solved: Due to the elimination of closure days and increases in unrepresented employee wages, staffing costs will exceed the 2014 adopted budget. Executive recommended and Council approved budget guidelines state that staffing costs which exceed budget are required to be funded within departmental budget authority. Juvenile, Superior Court Administration and County Clerk are jointly managed departments. The Director of Superior Court Administration proposes to eliminate 2 vacant positions in Juvenile and use the wage and benefit savings to fund the closure day/Unrep pay increase adjustments in all three departments. This supplemental will add $2,731 to the Superior Court Administration - Courthouse Facilitators wage budget to provide the amount needed for 2014 elimination of closure days. 3a. Options / Advantages: 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: This supplemental request relies on a corresponding reduction in the Juvenile Court Administration budget so that there will be a net zero effect to the General Fund. This will be accomplished through Juvenile supplemental ID 1529. 5b. Name the person in charge of implementation and what they are responsible for: Dave Reynolds, Director of Superior Court Administration, manages all three budgets. 6. Funding Source: Tuesday, April 30, 2013 Rpt: Rpt 1 u4I Regulor Supplemental Budget Request status: Pending Superior Court Supp I ID # 1531 Fund 1 Cost Center 3160 Originator: D Reynolds/M Caldwell eliminated positions in Juvenile budget Tuesday, April 30, 2013 Rpt: Rpt 452zegular Supplemental Budget Request Status: Pending Treasurer Supp'11D # 1490 Fund 1 Cost Center 3300 Originator. S Oliver Expenditure Type: One -Time Year 2 2014 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Treasurer Closure Day/Unrep Inc Coverage-2014 ��12 Xv5`' f . . .... .. Department Head Signature (Required on Hard Copy Submission) Date Costs: Object 4341.4201 6110 6210 =--- 6230 _-- Request Total la. Description of request: Object Description Treasurer's Fees -- Regular Salaries & Wages Retirement T Social Security Amount Requested ($17,719) $15,121 $1,441 $1,157 Charge new fees for service to the Health Department, Public Works, special purpose taxing districts and other County departments that were not contemplated at the time of the budget adoption. This will be new, sustainable revenues. For example, we will be collecting nearly $12,000 annually in billing and collection fees from the Health Department for services relating to the OSS fees billed on the property tax statement. I expect these new fees to offset all of the increased costs; however, in the event that they don't meet the budgetary need, I will provide supplemental revenues to the Current Expense Fund from the Treasurer's O&M fund as allowed by statute. We currently reimburse the Current Expense Fund a fixed amount annually now, and would propose a small increase to this reimbursment if necessary. 1b. Primary customers: Entities & Departments to whom services are provided. 2. Problem to be solved: This request is in response to the Executive's request for budgetary solutions to cover reinstatement of represented employee closure days and provide a salary increase for unrepresented employees. 3a. Options /Advantages: 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: Entities & Departments to whom Treasurer's Office provides services will start paying fees for those services. 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: New fees Wednesday, May 01, 2013 Rpt: Rpt Si p�I Regular Supplemental Budget Request status: Pending Superior Court Supp'! 0 # 1505 Fund 124 Cost Center 124200 Originator: Dave Reynolds --- ---------..... - - --- ----- — ---- -- Expenditure Type: One -Time Year 2 2014 Add'I FTE LE] Add'I Space Priority 1 Name of Request: Drug Court Budget Reduction 2014 47 Department Head nature (Required on Hard Copy Submission) Date ------------------ Costs: Object Object Description Amount Requested 4333.1601 JAG/BYRNE Grant $21,340 6110 Regular Salaries & Wages ($21,340) Request Total .r==- ___---�--- ----- --- ----_--�--_---- $p - la. Description of request: Reduce Drug Court budget by the amount of reduced revenue. 1 b. Primary customers: N/A 2. Problem to be solved: Superior Court Administration is eliminating the Drug Court Coordinator's position in response to budget adjustments needed to fund reinstatement of closure days in 2014 and loss of grant revenue which previously funded that position. Excess eliminated position budget authority of $71,790 over and above the amount of the closure day reinstatement and loss of grant revenue will be redistributed within the Drug Court/FamilyTreatment Court program cost centers. 3a. Options /Advantages: N/A 3b. Cost savings: N/A 4a. Outcomes: N/A 4b. Measures: N/A 5a. Other Departments/Agencies: N/A 5b. Name the person in charge of implementation and what they are responsible for. N/A 6. Funding Source: N/A Tuesday, April30, 2013 Rpt: Rpt ItASi fegular Supplemental Budget Request Status: Pending Sheriff Emergency Management -..................................... Supp'I lD # 1492 Fund 167 Cost Center 16773 Originator: Sheriff Office ...... Expenditure Type: One -Time Year 2 2014 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Reinstate EMPG closure day budget - 2014 1 ..... . .... Departme Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($1,125) ., 6110 6210 Regular Salaries & Wages Retirement 6230 Social Security Request Total $963 $88 $74 $0 1a. Description of request: Reinstate closure day budget for Clerk IV position covered by grant funding in Emergency Management Division. 1b. Primary customers: 2. Problem to be solved: All budgets were reduced during the biennial budget process for the effect of 6 closure days. The closure days will not take place and this staff member is fully funded by federal grant funding. The full amount of grant funding is already in the budget, the expenditure budget needs to be reinstated. 3a. Options / Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for: 6 Funding Source: Federal EMPG grant. Wednesday, May 01, 2013 Rpt: Rpt Sy IRegular WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-213 CLEARANCES Initial Date Date Received in Council O tce Agenda Date Assigned to: 6/4/13 Introduction Originator: n �� /J D 1J-11 �UJ �Vf ! �/ 2 8 2013 Division Head: 6/18/13 Finance/Council Dept. Head: h/?-;-)1 � Prosecutor: d e ci i Li / 13 WAT O COUNTY Purchasing/Budget: g I I.JUCllm. Executive: � 113 TITLE OF 77e I" Ordinance Rescin ng Ordiance 87-86 and Closing the Drug Task Force Revolving Bank Account ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a 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.) Ordinance 87-86 established the Drug Task Force Fund (150) as a special fund for the purpose of tracking indirect grant funds received from the Bureau of Justice Assistance. The Ordinance also established a revolving bank account in the amount of $10,000. Fund 150 has been dissolved and the revolving bank account is duplicative and unnecessary. The Sheriff's Office wants to rescind Ordinance 87-86, close the revolving bank account and deposit any residual funds into the Whatcom County Drug Fund (165). COMMITTEE ACTION. COUNCIL ACTION. 6/04/2013: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 156 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 PROPOSED BY: Undersheriff Jeff Parks SPONSORED BY: INTRODUCTION DATE: June 4, 2013 ORDINANCE NO. An Ordinance Rescinding Ordinance 87-86 And Closing the Drug Task Force Revolving Bank Account WHEREAS, Ordinance 87-86 established the Drug Task Force Fund as a special revenue fund for the purpose of tracking indirect grant funds received from the Bureau of Justice Assistance; and WHEREAS, Ordinance 87-86 established the Drug Task Force Revolving Account in the amount of $10,000 to act as a drug "buy" fund with the County Sheriff as the custodian; and WHEREAS, Fund 150 established by Ordinance 87-86 was dissolved on January 30, 2013, by ordinance; and WHEREAS, changing operational requirements make the Drug Task Force Revolving Account duplicative and unnecessary; and WHEREAS, any cash balance in the Drug Task Force Revolving Account may be transferred to fund 165, the Whatcom County Drug Fund; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Ordinance 87-86 be and is hereby rescinded; and BE IT FURTHER ORDAINED that the Whatcom County Sheriff's Office bank account referenced herein shall be closed and that any residual funds be deposited in the Whatcom County Drug Funds (165). ADOPTED this ATTEST: day of _, 20 Dana Brown -Davis, Clerk of the Council WHATCOM COUNTY EXECUTIVE APPROVED AS TO FORM: Liz Galle y, Senior uty Prosecutor Page 1 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 157 W .: MOM COUNIT SHERIFFS OMCE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 To: Jack Louws, From: Bill Elfo, Date: May 24, 2( JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEFINSPECTOR WENDY JONES CHIEF OF CORRECTIONS MAY 2 4 2011 �Afi� LOMS COUNTY E/XFC-UT1 E RE: Proposed Ordinance Change submission for upcoming Council Agenda Attached is a proposed ordinance and agenda bill for rescinding a 1987 ordinance that established a petty cash fund, managed by the Sheriffs Office, used to supply investigative money to the Drug Task Force. The WA State Auditor previously recommended that we eliminate this revolving fund due to operational changes, and a duplicative process between petty cash funds. We have also found that by eliminating this fund we will reduce associated accounting and paper work, and streamline the process while maintaining the degree of accountability and oversight necessary. Investigative funds can be dispersed and accounted for directly to the task force from fund 165 which eliminates the need for the extra revolving account and supporting fund established by Ordinance 87-86. We have worked closely with the State Auditor's Office to make sure that the new procedure will meet the appropriate requirements. If you have any questions please feel free to contact Undersheriff Parks at ext. 50418. 158 Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-216 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: K.01ason 6/18/13 Finance Originator: ) �,.� ill �a �) � i�� V C. Brueske Division Head: 9)�,� 6/18/13 FCZD Board of Supervisors F. Abart 61 Dept. Head: lzq& f JUN 11 2013 D. Gibson Prosecutor: d[ - 05130113 i t: r o COUNTY B.Bennett 3v Purchasing/Budget: COUNCIL, J.Louws Executive: TITLE OF DOCUIfl>,11�'_ Construction Services for Cottonwood Neighborhood Drainage Improvements Project (Birch Bay) ATTACHMENTS: 1. Memo 2. Contract Information Sheet 3. Contract and related exhibits 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.) Reichhardt & Ebe Engineering Inc. will provide construction support services in Birch Bay for the Cottonwood Neighborhood Drainage Improvements project including engineering oversight and site inspection. 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: wwNv.eo.dvliatcoin.wa.us/council. 159 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director STORMWATER 322 N. Commercial St., Suite 301 Bellingham, WA 98225 Phone # (360) 715-7450 Fax # (360) 715-7451 www.co.whatcom.wa.us I �e D m- M R��- I , " J1 UN 7 .m N13 MEMORANDUM JACK LOUWS COUNTY Ev ��1 � iv TO: The Honorable Jack Louws, County Executive Honorable Board of Supervisors of the Flood Control Zone District THROUGH: Frank M. Abart, Public Works Director FROM Chris Brueske, P.E., Assistant Direct r Kirk N. Christensen, P.E., Stormwate nager )Oc- RE: Contract for Construction Services for Cottonwood Neighborhood Drainage Improvements Project DATE: June 3, 2013 Please find attached for your review and approval two (2) originals of a contract for services between Reichhardt & Ebe Engineering Inc. and Whatcom County for construction services for the upcoming Cottonwood Neighborhood Drainage improvements project. ■ Background and Purpose Reichhardt & Ebe (R&E) will provide construction support services in Birch Bay for the BBWARM District Cottonwood Neighborhood Drainage Improvements project. This contract provides for engineering oversight and site inspection services. There are no available County staff to provide site inspection services during this summer construction season. R&E was chosen through a competitive selection process. ■ Funding Amount and Source This contract in the amount of $84,963 will be funded by fees collected through the Birch Bay Watershed and Aquatic Resources Management District (cost center 169250). Please contact Kraig Olason at extension 50782 if you have any questions regarding this agreement. Attachments 160 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. CQ01. 06 OIL) Originating Department: Public Works-Stormwater Contract Administrator: Kraig Olason, Senior Planner Contractor's / Agency Name: Reichhardt & Ebe Engineering Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes No If yes, previous number(s): Is this a grant agreement? Yes _ No _X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes X No If yes, RFP and Bid number(s) _Direct letter invite_ Cost Center: 169250 Is this contract excluded from E-Verify? No Yes _X_ If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: X Contract less than $100,000. X_ Professional 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 $_84,962.93 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: Reichhardt & Ebe will provide engineering oversight and site inspection construction support services for the Cottonwood Neighborhood Drainage Improvements project including site inspection. Improvements include installation of stormwater facilities, including a bio-retention swale and a major drainage by-pass. Term of Contract: Expiration Date: December 31, 2014 Contract Routing Steps & Signoff: [sign or initial] indicate date transmitted] 1. Prepared by _Remy McConnell Date_5/30/13 [electronic] 2. Attorney reviewed: _Daniel L. Gibson Date _05 3013 _ [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: Daniel L. Gibson LY Date_0513LI13 7. Contractor signed: Date 8. Submitted to Exec Office ,/ Date - 7-i3 [summary via electronic; hardcopies] 9. Reviewed by DCA 10. Council approved (if necessary) 11. Executive signed: 12. Contractor Original Returned to dept; 13. County Original to Council Date Date Date Date Date 161 N WhatcJ�oeemypCounty , Conttre�}act No. 'mil 0 8 3 0 6 ()) `L� CONTRACT FOR SERVICES CONSTRUCTION SERVICES FOR COTTONWOOD NEIGHBORHOOD DRAINAGE IMPROVEMENTS PROJECT REICHHARDT & EBE ENGINEERING INC. , hereinafter called Contractor, and Whatcom County Flood Control Zone District, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8 , Exhibit A (Scope of Work), pp. 9 to 12 Exhibit B (Compensation), pp. 13 to 14 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 19TH day of JUNE —'20 13 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 ST day of DECEMBER , 20 14 . The general purpose or objective of this Agreement is to: provide construction services including inspection for the drainage improvements proiect in the Cottonwood Neighborhood of the Birch Bay area, 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 EIGHTY-FOUR THOUSAND, NINE HUNDRED SIXTY-TWO AND 93/100 DOLLARS ($'84,962.93*). The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of E;i 20 V,5 . CONTRACTOR: REICHHARDT & EBE ENGINEERING INC. F Luis Ponce, lJresident STATE OF WASHINGTON ) COUNTY OF66:$ _p: 9 j ss. On this "x' day of J, ,iiL& , 20 before me personally appeared ANDREW LAW to me known to be a PRESIDENT of REICHHARDT & EBE ENGINEERING INC., and who executed the above instrumer?t and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC ir), nd for the State of Washington, residing at �l�����,� i"�r R IUIy commission expires �® r e®®®®�#o ; �N ®®d® Contract for Services Construction Services for Cottonwood Neighborhood Drainage Improvements Project PQ62 WHATCOM COUNTY: Recommended for Approval: r� (Frank M. Abart Date Public Works Director Approved as to form: �Cl- - � a L &i h Daniel L. Gibson Date Chief Civil Deputy Prosecutor Approved: Accepted for Whatcom County Flood Control Zone District: By: Jack Louws, Whatcom County Executive/Signatory for Flood Control Zone District Board of Superviosrs 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: REICHHARDT & EBE, LLC Contact Name: Dale Buys, P.E., Project Manager Address: 423 Front Street Lynden, WA 98264 Phone: 360,354.3687 Email: dale@recivil.com Contract for Services Construction Services for Cottonwood Neighborhood Drainage Improvements Project P363 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: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement, Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. 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 Contract for Services Construction Services for Cottonwood Neighborhood Drainage Improvements Project P�W3 documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit 'B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding_ Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor, The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontractinq: 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. Contract for Services Construction Services for Cottonwood Neighborhood Drainage Improvements Project P195 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: 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. 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 (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. a. Professional Liability - $1,000,000 per occurrence. 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 Contract for Services Construction Services for Cottonwood Neighborhood Drainage Improvements Project PlAq its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 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: Contract for Services Construction Services for Cottonwood Neighborhood Drainage Improvements Project PJA 67 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: Frank M. Abart, Director, Whatcom County Public Works, 322 N. Commercial Street, Suite 210, Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Veri : Not Applicable Series 4049: 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: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to, any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modiFied or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to Contract for Services QQ Construction Services for Cottonwood Neighborhood Drainage Improvements Project PJA� 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. 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: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Agreement or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this Agreement shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre -award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Unless otherwise specified herein, this Agreement shall be governed by the laws of Whatcom County and the State of Washington. 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 Construction Services for Cottonwood Neighborhood Drainage Improvements Project PIPA EXHIBIT "A" (SCOPE OF WORK) CONSTRUCTION SERVICES FOR COTTONWOOD NEIGHBORHOOD DRAINAGE IMPROVEMENTS PROJECT UNDERSTANDING Reichhardt & Ebe Engineering Inc., (CONSULTANT) will provide professional services to the Whatcom County (COUNTY) for the support of Construction Engineering (CE) to a limited capacity as described below, for improvements to the Cottonwood Drainage Improvements. Work will include construction of stormwater improvements, including installation of a bypass- trunkline and outfall to Birch Bay, installation of a bio-retention treatment swale and re-routing local drainage to allow removal of a failing marine outfall other work associated with the drainage improvements. This project is funded with BBWARM funds. CONSTRUCTION MANAGEMENT TEAM The Construction Management Team is made up of the following firms/organizations: Owner Prime Consultant Surveying Permitting Coordination Archaeological Compliance Testing Services ASSUMPTIONS Whatcom County Reichhardt & Ebe Engineering, Inc. County County Provided by County Provided by County • The project will be completed in 45 working days with no suspensions of work. The COUNTY will perform the following specific activities: • Perform all pre -award requirements for the contract. • Accept/Maintain Statement of Intent, Affidavit of Wages Paid forms. • Check Business Licenses and other requirements of bid • Check Industrial Insurance Account • Review Request to Sublet Form 420-012 • Review subcontractor certification 420-004 • Final Voucher 134-146 • Weekly Payroll review • Provide all EPA pre -construction documentation, except as listed below in scope of CE services • Retain and verify Certified Payrolls • Prepare and route pay estimates to Contractor • Process Contractor Documentation such as RFI's, claims, correspondence. • Assist Inspector in assuring project is in compliance with all permit conditions. • Obtain from the Contractor a list of labor and equipment force account rates. • Verify these rates with the Certified Payrolls and AGC Blue Book. The CONSULTANT will perform the following specific activities: WORK TASKS TASK 1.00— This section not utilized. TASK 2.00 — PROJECT MANAGEMENT/ADMINISTRATION Contract for Services - Exhibit A, Scope of Work Construction Services for Cottonwood Neighborhood Drainage Improvements Project ��ge 9 SPECIFIC ACTIVITIES 2.01 When requested by the COUNTY, participate in coordination meetings with the Contractor, the COUNTY, and CONSULTANT. Meetings will be scheduled in advance and shall occur on an as needed basis. 2.02 When requested by the COUNTY, review monthly progress payments submitted by Contractor and transmit to the COUNTY for payment. 2.03 Prepare ongoing CONSULTANT monthly status reports and invoices. Status reports to include comparison of budget cost of work versus actual cost of work performed for all CONSULTANT activities associated with the PROJECT and identification of issues that have an impact on the PROJECT. 2.04 Prepare and maintain supporting documentation for the invoices. 2.05 Participate in weekly progress meetings with staff and subconsultant. 2.06 Preparation of subconsultant contracts and amendments. This is not required as the COUNTY will coordinate all subconsultants. 2.07 Documentation of expenditures on each Task, showing the hours worked by PROJECT personnel and other direct expenses related to the Tasks. PRODUCTS ® Monthly CONSULTANT status reports. TASK 3.00 — CONSTRUCTION MANAGEMENT/INSPECTION SPECIFIC ACTIVITIES 3.01 When requested by the COUNTY, assist in assembling all documentation required to issue changes and revisions to the contract. Prepare cost estimates, justification for change, prepare letters to Contractor issuing proposed change orders and requesting cost proposals, lead change order negotiations with the Contractor, prepare negotiation notes, prepare NTP letters, and letters confirming negotiated prices. Prepare amendment to Contractor's contract for transmittal to the COUNTY. 3.02 When requested by the COUNTY, assist in preparing progress estimates for payment to Contractor. 3.03 The CONSULTANT will prepare a Record of Materials for use in managing material documentation of products used in the field. 3.04 Assist in reviewing specifications, drawing requirements, Request for Approval of Materials (RAMs). 3.05 When requested by the COUNTY, assist in preparing and responding to all PROJECT correspondence with the Contractor and COUNTY. 3.06 When requested by the COUNTY, assist in resolving day-to-day PROJECT issues, as well as design and contract issues with the engineer, Contractor and COUNTY. 3.07 When requested by the COUNTY, assist in Claim and Force Account Evaluation. Contract for Services - Exhibit A, Scope of Work 7 Construction Services for Cottonwood Neighborhood Drainage Improvements Project 1 Page 10 3.08 Maintain updated record drawings on an as needed basis. 3.09 Assist in monitoring PROJECT costs (actual versus budget) and report monthly. 3.10 Assist in reviewing Contractor's baseline schedules. 3.11 Coordination and communication with Agency(s). 3.12 Preparation of As -Built Drawings. PRODUCTS ■ When requested by the COUNTY, written documentation pertaining to PROJECT issues. TASK 4.00 — TESTING SERVICES SPECIFIC ACTIVITIES 4.01 Manage the performance of quality control testing. Testing will be performed on an as -needed basis by an accredited testing laboratory, contracted by COUNTY. Quality control testing services provided as part of the construction management contract shall include but is not limited to: 4.01.1 Soil materials testing 4.01.2 Proctor analysis and in -place density testing for backfill operations. 4.01.3 Hot mix asphalt testing 4.01.4 Concrete compression tests (supplemental testing not specified in construction contract to be provided by Contractor). PRODUCTS ® Management of testing services. TASK 5.00 — INSPECTION SERVICES SPECIFIC ACTIVITIES 5.01 Document pre -construction conditions by taking photos as well as develop field notes prior to construction start. Prepare electronic filing system to track photos. 5.02 Review project Plans and Specifications as well as project site to assure project understanding. 5.03 Prepare for and attend Pre -Construction meeting. 5.04 Inspect work methods and products; verify compliance with PROJECT contract plans and specifications. Attend weekly construction meetings and assist with agenda preparation and review any meeting summaries for accuracy. 5.05 Inspect materials; verify compliance with PROJECT contract plans and specifications. 5.06 Inspect equipment; verify compliance with approved submittals and PROJECT contract plans and specifications. 5.07 Coordinate with adjacent property owners and document correspondence and agreements. 5.08 Coordinate with utility companies and document correspondence and agreements. Contract for Services - Exhibit A, Scope of Work Construction Services for Cottonwood Neighborhood Drainage Improvements Project 7 4e 11 5.09 Assist the COUNTY with monitoring compliance with Wage Rates. 5.10 Coordinate construction survey. 5.11 Prepare inspection correspondence, records and reports. 5.12 Verify and document permit compliance. 5.13 Develop/prepare project punch list items. PRODUCTS ® Daily inspection report on quality compliance. ® Quality Control test reports. ® Pay notes and field note records. TASK 6.00 — PROJECT CLOSEOUT SPECIFIC ACTIVITIES 6.01 Conduct final inspection with the COUNTY and PROJECT Designer to establish final punch list. 6.02 Monitor and verify completion of punch list items and issue substantial completion to Contractor. 6.03 Coordinate transmittal of all necessary As -built documents to the COUNTY. 6.04 If requested by the COUNTY, prepare project closeout documentation. PRODUCTS ® Issuance of Letter of Substantial Completion with final punch list. ■ Issuance of one mylar set, two paper sets, and I disk of final As -Built drawings and electronic files to the COUNTY along with a master drawing list. TASK 7.00 — SUBCONSULTANTS COUNTY will perform itself or contract and coordinate with the following subconsultants in accordance with the scope of work and task items identified. 7.01 COUNTY Surveying— Construction Surveying 7.02 COUNTY — Permitting Coordination 7.03 Rosario Archeological Services — Archaeological compliance monitoring. 7.04 Material Testing Services (Subconsultant not yet identified) Contract for Services - Exhibit A, Scope of Work Construction Services for Cottonwood Neighborhood Drainage Improvements Project 7Ae 12 C"! n t7 w 5 R 7 9 W Z w W 4) W te§ LLJ L W W as � 2 C t 55 w U r� Yj I� r 0 p 111. v n 'c l rx� rn c.a r si tro rn, � vi ,a. ri rrl as C•d tY r.I 1, 0 cn r- 69, *•• in C! Cl y- -4' Cl �3• C? cn cm r 04 cn ra ra v r.0 rp 0 CA a) m CI a) n al 01 a) a) x} rl f`! 7' n VY rij fn N I:V tV Tr N ['J N tl• ri [T cm [1 67 Ch 69 N 0 ¢ C 3 m c 4i G C C j _ Ci c [) _ { yry c L M € ILf °y 0 ^! n Lb71 q} G a 1 Cl u� n L . C L: �L .v rn�1 tIV N LI? P. �j a €} L: 00. Ili 6 0 C] ,N �..} CLd�LY CL L`i xf, tilL {)iL CQQ COO cm r» m m m a i m cn os n L0 un Vi 04 a I w w V� in =L N nl t7 r J ra C� {a C _* vi d — I 6 u r`.3i .n r7 n y N cm {0 0- U N 'o rn C N E N 7 O Q E N 6) C 0 O O i C O O� C C •� Q C Z G O O U C �oO t U I_I_I rn 4} U U •] N N co C o .o U 2 @ C C 00 U U 174 ,- f7 r, YF r] 4�? W u� C'1 C1 1 90 C•1 iq C3 r17 Nri u7 •-" CIO rJ r ttF ra in AT [`i _ 1'-- &i Cal CKl Cr1 (7 q0 CI CA 4'F CA K ".r U1 c-i ;T 'a! it,A 4�xr r.4 C7 R� o c rn- R:f n C] ri rr� «r"t N Ca ii, cl .7. -J '•J i5 a] aF '�• �J- V.. Iq v'x LO rn {{ [L CA Q r- C] r O N c V N C � v I rr 3 f In •n .+ [i U O " °: a n Lo y In.c a m: r �i of cF 4 c w U u n{ r1 Lr Q? rzr7r���roD 'tl �;�" q ^ J .� c c do In{ N (L 4f C 2 W � C Pj ,�, (,�1 Y Cj KYF Inl �•j [ J C7 ilf (y t b E' An �F f/1 71 (7f ul YY N p tj dui ] •�L �7f :3 0. n_ fl_ Li G L 0 Li' 0 a.. i Cl Gr1 fL U] ce TY47m m rvI,,ns- FJr.2 to uF sF LLF, 6 to, 6 Isi ui lt, u'i ui ti [..{ E..{ ­: {,{ � rl Ci cci IT CA L.V fib CJ G C.J 47 1a u rci �3 Ul C] y C1 { r-a r rJ JKn f C-1 Zn -.T C Lir ri' Ito r-- if} w C8 Si} +l' 'J' [11 C3 C2F L� 47 CA {ft O ! fF] - �� -0 C. �I7 C3 n cn q' [71 C 1 C'1 a C"{ f_F tS, f r6! n cn r� f7 C3 rT] rrj ;7, xt c ti �^ N � 7 d E n u r: w .. [� U (7 In n a rig .0 :p ul n 1 � ' fi LL. QCp y C. �... E3 rF 2 2 j L ijf 0 r 0 n_ y eI n_ a) y- � Cr Ch rU �3 rp �r as aF riF m� .. L ap tt7 U N Co Co @ U C L E E N CIS`7 E C a,N C ._ N N -03 C.2 L.E C N N '— "O OJ N O N ,C 2) S- j oID N O O-U U E N OG c In01 U N O 3 N p 0)L -0 a)Q E N N tlI . 22 N O N C E m p O p L [O O T NCII N N c L N L N O 14 C 0 p 1 7 tll O p C Q 0W. U ca Y t C N c 0 7 N p- -N N @ f Q N L > O O .2 U O L N U 7 (/I 9 N U p C O C C E L o .� .p.. U N L N N Q Q O O C p X N U o m min m m �"m L) > 0O ui o N N C C7 > C a > c Z 2- c N p 'C 0 ) N U N Q t O C ca O O c N N N O N O N N V .Q (O C O-0 N Q N U N "{7 X N T.� N N tU L U C U -0 L N 3 'Ca 0 m Eo O � U > U U O (4 (9 Q L N N O- �-.- .L... L 'O a E_N U 2, � •C Q U7 Y a• `o a . N C N1] N E¢ O U `p p g L N C N f9 m m o t U 47 � N C [9 E �aaw� f9 O 3 +N' C7 f6 C "" f9 N fO Q CO V N m E` C Q Q N Z m c cm Q� p - 0 2 o d ULJ UCH — U E2 N m N m CO « N 2 > c d• N m f6 U N O N C N E N a _E Q7 LO C O O L C � O � wt rn NZ d E O O C) 3 m c _ O o :E U Wo N N O U •` NN U C .2 U 7 (U C N c U U 175 EXHIBIT "C" - RFIFB-1 OP ID: VS CERTIFICATE OF LIABILITY INSURANCE 7TE51301201I^/I 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 Phone: 360-354-2200 CONTACT AMECT Vicki Smollen Guide Insurance Services, Inc. piioeiE , _... _—.zax__.....__..__..__..._.1...45 P.O. Box 473 Fax: 360-933-4145 c No Ex1.36Q 354 22QQ ac Ne : 360-933 4145 8108 Guide Meridian 01111&3s: vickiag4guideinsuranceservices.com Lynden, WA 98264 --- ... INSURED Reichhardt & Ebe Engineering Inc. 423 Front St. Suite 201 Lynden, WA 98264 COVFRASFS CFRTIFIOATF NI IMRPR- INSURER,A_Ohio Security Insurance Co INSURER B: Travelers Insurance Company INSURER C: Ohio Security Insurance Cc INSURER O INSURER E : INSURER F : RF_VISIf1N NUMRFR. 357 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY CLAIMS. ILTR I ..�_,.,_DD TYPE OF INSURANCE �A �SU� POLICY NUMBER C OMM DIYYYY jPAID t `MM1D07YYYYI LIMITS VY`_ GENERAL LIABILITY EACH OCCURRENCE 1 1,000,00 A X COMMERCIALGENERALLIABILITY CLAIK34JADE EX OCCVR X BKS55034685 01104/2013 01104/2014 A Aa eNTED PREMISES IEa occur ncot S 11000,000 MEDEXl'{AnyoriErpersor) $�T 16,00 PERSONAL&AOVINJURY S 1,000,00 GENERAL AGGREGATE [ S 2,000,00 :. GEN'L AGGREGATE Lltv'ITAPPLIES PER. _...._.I POLICY �`7 PP.4 I LOc` PRODUCTS-COtv.PlOP AGG ._......., ,_-.__,.......,�....__ S 2,000,00 ...._.._.__.___0___.._.__ S i i I A AUTOMOBILE LIABILITY I ANY AUTO I X BKS11131912 i 01/04/2013 01/04/2014 CDMBINED SINGLE LIMIT aacideob S 1 qQ0 00 BODILY INJURY S I ALL OWN@D SCHEDULED AUTOS ❑ AUTOS ' i NOM-CJW."LED ..' !AIRED AUTOS I_XALITC�S X I E I i BODILY INJURY 1Per acadanQs PROPERTY DAMAGE- ,,,(Ppr OtCid?i71L_ - S _ S }( UMBRELLA LIAR X OCCUR I EACH OCCURRENCE $ 2,000.............. A EXCE''jSSLIA9 CLAI,WS-MADE �USO55331932 01/04/2013 01/04/2014 AGGREGATE 11 2,000,00 I DED I X l RErENTION3 10,000 S A i WORKERS COMPENSATION ANDEMPLOYERS'LIAMUTY Y!N ANY PROPRtErCRIP.43T4ERiFXECUTP/E OFPCERAIS&ABER EXCLUDED? Ll (Maadaiory In NH) NIA I ( `BKS55331932 I WA STOP GAP 01104/2013 01l0412014 L i(I WCSTATU- I X OTFI- .._.__..TVQ108YLllztl?S,-..._....FR E L EACH ACCIDENT S 1000,00 E.L_DISEASE • EAEPdPLOYEEI - S 1,000,00 1 If yao, dwcrlba .aver DESCRIPTION OF OPERATIONS beov, $ E.L. DISEASE - POLICY LIMIT - S 1,000,00 g �ProfessionalLiab 105384561 0110112013 01101l201411-imit 1,000,00 I !Deduct 15,00 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACCRO 101, Additional Remarks Sched tile, if more spaco is r'aquirod( Fie: Cottonwood Storm Water Construction Management & Inspection Project Blanket Additional insured and Waiver of Subrogation Form #CG88101009 attached ULKIIt- IUAIE HLtLDER L:ANUELLAHON WHAC0 4 Whatcam County Public Works -Stormwater Civic Center Annex 322 N,Commercial St #301 Bellingham, WA 93225 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA`-nVVE� Cc 1988.2010 AGORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The AGORD name and logo are registered marks of AGORD Contract for Services - Exhibit C, Certificate of Insurance Construction Services for Cottonwood Neighborhood Drainage Improvements Project Page 15 176 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-217 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: G K. Oiason Cam) ff (��' �� �-:-, I� (.- C" J I 6118113 Finance Division Head: / FCZD Board C. Brueske If SUN 1 1 70l63 6118113 of Supervisors Dept. Head: F. Abart Prosecutor: ��� D. Gibson 'A B S A C C' U O� N Y Purchasing/Budget: B. Bennett COUNCIL Executive: 3 J. Louws TITLE OF DOCU E Construction Contract Award: Cottonwood Neighborhood Drainage Improvements ATTACHMENTS 1. Memorandum to County Executive and FCZD Board of Supervisors 2. Approval for Contract Award endorsed by the Executive 3. Project Narrative: Summary and Vicinity Map 4. Project Cost Breakdown 5. Bid Tabulation 6. Low Bid Proposal SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: SUMMA R Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Approval of contract award to Len Honcoop Gravel, Inc., as low bidder in the amount of $467,646.42 for the Cottonwood Neighborhood Drainage Improvements project in Birch Bay. 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. 177 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 V U s UN 7 2013 JACK 1LOUWE; TO: The Honorable Jack Louws, County Executive] ®j� m Honorable Board of Supervisors of the Whatcom County Flood ontroio%fltit THROUGH: Frank M. Abart, Public Works Director ���, 0 FROM: Chris Brueske, P.E., Assistant Directo Kirk N. Christensen, P.E., Stormwater tiger OIL - RE: Cottonwood Neighborhood Drainage Improvements Construction Contract Award DATE: June 4, 2013 Enclosed for your review and approval is a contract award package for the Cottonwood Neighborhood Drainage capital improvement project in the Birch Bay watershed. This package consists of an agenda bill, project narrative summary and vicinity map, project cost breakdown, bid tabulation, and the low bid proposal. Bid proposals for this project were opened at 2:30 p.m. on Tuesday, May 21, 2013. • Requested Action Public Works requests that the Flood Control Zone District Board of Supervisors authorize the County Executive to enter into a contract for the subject project to the sole bidder, Len Honcoop Gravel, Inc. (Honcoop), in the amount of $467,646.42. Please signify your approval to award this contract to Honcoop on the Approval for Contract Award page. ■ Background and Purpose This high priority Birch Bay Watershed Aquatic and Resources Management District (BBWARM) District project will improve stormwater conveyance and provide stormwater treatment in the Cottonwood Beach area of the Birch Bay watershed. The existing drainage system is overwhelmed, resulting in flooding to low lying properties and sink holes in Birch Bay Drive. Additionally, high fecal coliform counts have consistently been found in ongoing water quality sampling adjacent to Seaview and Hazel Drives. Stormwater facilities to be installed include approximately 900 LF of storm pipe, catch basins, an outfall to the beach area, and a bioinfiltration swale. These facilities will increase conveyance capacity, minimize localized flooding, and reduce the transportation of stormwater pollutants to Birch Bay. ■ Funding Amount and Source Expenditure for this project in the amount of $467,646.42 is authorized under BBWARM's 2013 base budget (cost center 169250, work order 17697). Please contact Kraig Olason at extension 50782 if you have any questions. Enclosures � In accor ance with W.C.C.3.08.230, I concur with this recommendation: ®1"- 2,�&/ ! Brad Bennett, AS -Finance Director biz q Dat 178 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Telephone: (360)715-7450 FAX: (360) 715-7451 www. whatcomcountV. us COTTONWOOD NEIGHBORHOOD DRAINAGE IMPROVEMENTS APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: Project: Cottonwood Neighborhood Drainage Improvements To: Len Honcoop Gravel, Inc. in the amount of their bid proposal of $467,646.42. Jack Louws Whatcom County Executive Approving Authority Date 179 COTTONWOOD NEIGHBORHOOD DRAINAGE IMPROVEMENTS Construction Funding Year(s): 2013 Project Summary: This project is located northwest of Bellingham in Section 24, T40N, R1 W. This project includes the installation of approximately 900 LF of storm pipe, catch basins, an outfall to the beach area, and a bioinfiltration swale. These facilities will increase conveyance capacity, minimize localized flooding, and reduce the transportation of stormwater pollutants to Birch Bay. The bioinfiltration swale utilizes sandy soil filtration media and vegetation to treat stormwater. Project Status: Construction will begin as early as July 29, 2013, and completed by December 31, 2013. Project Funding: Federal / State - $-0- Local - $470,000 Total - $470,000 Environmental Permitting (Agencies/Permits): -HPA, SEPA DNS, SHR SHC, LDP, CORPS Right -of -Way Acquisition ($ Estimate): $18, 000 Day Labor ($ Estimate): N/A PROJECT LOCATION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director Project Cost Break Down STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www.whatcomcounty.us Cottonwood Neighborhood Drainage Improvements Whatcom County Engineering $97,000 Right of Way, Surveying, and Permitting $47,000 Construction Contract $467,646 Construction Engineering $85,000 Archaeological Services $20,000 Testing and Contingency $50,000 Total $742,646 181 0 0iolo co;�;Ioo 0io 0 q qioR Cj 1O'O N 0 0 M • M - 0 0 LDIO LO 14 IS 0 loon r2 c, LO .0 0 .0 co Lol- 't Lo OD 0!0 0 0 0 0 0 0,0!0 OICD!CD om;(o m a 0 0 LO a . r- 0 - Ni- It 't . . . . . . . (q: cq, C) a - - LU Ce) coo I . . . . 0 C)IN OC) Lola a'- U')ir,-I(o LoRr- . , 0-0 . 0 . 0) . Co 0 . . Cq MI(D M M M CD C4 r-- 0 i a (D (D r- �o co 00 - CO 0) r cmi 0; 04 L6 0;;(M,il�t, r-- r-j i C) a Lr) 0 LO 0. 00: Lo I i aj a M 00100(D CY) a a co a ":t I- CD C) I m r- i C:)! a > D 0 LO p- U.) a ,;Ij (CCejj Cl� (31; (C� CO L61 1NI(olo) 1 (NI (N C,4 C� LO It 04 C14 0 C-4 0 1 C\j 0) LO r- 1 - ,T OC) Lr);,q7 Lcil L6 Ld L6 LO - -7 LO -:(6 M 0) 0) 04 t OD (D! co C) C) CV) CO!0 It C\I,. (D. C) I a 6 -:1 C\fi ceil Cil Cq "i C14, (.Dja 00 r !Clii N 1 CO, LU a. 0 61)- 9) (03. e�l el) U9-f.9 f.a, 69. 6131! ef) 6.) ❑ Z C) C) 0 00 (D 001 00; LO 0 C) C) I N 1 C14 �,,t I LO L. Ce) IN a 0 r-- i Ce) 00 LO m oo�-!- &C)LM r- I CD (D r-- ce) C)� r*,� (D M M O� CO q r.- LO r.- I co "t I co I Lc) C3)! LO LO Lt? cl� IN C� LO: r� l� C) CD Lo 0 CY) cl 0 CD "'t -,(D;CDICD q C� 7 'E Cj cc c; ci (3) LO r-� C; 0 0 4 LO rl- (c, I N; C CD Ce); C) I Lci 3 (D i oc r- N0 r--! U-) (N "t 00 00 1 N M Ce) Ce) M MICD Iq Lin N r t 'q t-; M'(JO r- Ce) �'�2 Lo M C\l Lin CO) CO�R 0, N:� Lo (D CD:� CD Lo! c) Z uj .2 U-) r-: Lo! a 164 (D c); 6j: 61i T�lj C41 (D 0) co- C,5 R I C'T 04 -j 61) 619. 691 C; 'Ea Z,69169i 69 6e, U:.,, Q-,! 6-,! U3. 691 eq, 61t 61). 69- 69 6*11i W'(0 0 03 09 19 69 61). 9i69 (A;EAIfR Cf3 dN4 ololola I c) 1 a a! a 0 a a a a a a 0 a I! 0 a 0 C) 0 0 0 olaia a a C) 0 Cl q.qICD 0 C) 0 0 a C) a 0 a a C); a! a CD 10 ojojq C) q C)i a a 0 a4c) a a a a 0 C) c) - a: c). c) a a a a; a c): c): a w CN516;6 Cal! a 0 a 6 6 6 a C) a a 0 a c; 0 c; a 6 a c; LO c; C) a 61 C) C) C) c; Olola aiala ala a C; a 6 C) C; C) C; C5:: C) C) a a C); LO a O!a.alLOILO 0C)ir-- C) U) a a a t-- C) LO C; C; 6' 6 6) C); a a a Lo.ainl(Di(D '�2 0 a 10 0 a a C) 1 Lo I to!LO a a Lo C,4 m.ala LO 1 CO! 0) 0](31 LQ q "t CO 0! a! LO 1 a 1,q C)Olo (6 C,�l -71 "il 141 Li6i 00 olcolaloolco:0cli r,: c:) jCq IN; C,4! c) p LU E m 61) 6lJ61)-I 69-!, 64 619-,61J 69. 69� co 611). 0 69 619, 61.11 s I1j NIi fipl, 6101� 69-'69l 6-116.) V� 61)- '69 1619- 613- el) 69- U), U9, 613- 69 696,3, 61> 04 61). 6-1 VD- U�> 6.) Cl) 1 0: c), c) c) c) C) C) 0 C) C) C) C) C) 0: LU LU C) (5, 5 3 25 5 1 c) c) C) c; c; 6 a c) LOTLo C) a C) C) C� U) a C) a Lo Lo C) Lo CD I LO 0 C) C) 0 C) c) C� 0 C; C) 1 C) C) LO N ce) C) ; C) q! I . - CD LO; N LO C) .1 0 C) C� C) 0 LO, CO: LO C) Z (D: (D C) C) a a C) 1 (Z�l C); C) N C) q q C) N M C) a C14 N Nt! (.0 00 i CD a) a 1 1 C) C) C) C) C) N C) 01 C)�C) m N 10 Lo Lo rl-, C) C) z .2 -; - - -, r,:, CN i 00 i I- LO: co Lri CY) cq C,�!,:6. r- C'41 c) WA 641� 60- 6-j- WI V> 64, (09- 61) 1 61) 1 61. 640- W.L.3- VBI V9- I 'C's V3� 6a 6,3-:6,9- V�l 69- 601, 61) x 1 ita 5p 641� 69- i(n Cf) U) U)zu).>-lu-jLL co z 0 z o zo I>- LL! 0 < U) iz: -i LU (1) 1 LU LLI;� -i -j: -i -i c.) LU LL, LU 1 Lu I LU W -i LU U) -i uj (n (n LU U) I— -i -J, -W'LU a oo C-4 q a LO 04 a Ce) LO -C.01 LO i ce) C141 L6 04 r M. CN14 M ci C) In N E E CO DIE E'E E m! I Co N CL C. 1 cc a -E cI cI c al l N Ce) CY) 04 cy) F. O(h tm C: CIO M 1 a) a) l a)a)CO 0 Lu a L a) N E CL CL E 4) -01 'E CL U) M I 0) .2 CO C-4 4 4- 4Q) au)) CIO .:r Li a) :3 r- CO >I - cu I o. 20; IU Co. 1-0 -2 a) U) 1 U) U) U) LU I a. (D Q) E'E E Elo; 0 E El E, 0 in Co 2 7�5 z Cc Lu im > 0 CIO COCc :3 (L r- CL. - 2 .2,.2 0 cc o S2 �.29 I a) 1 010, :E 0 Cf) a a M .2 m ui c: 0 C-4 U) U) U) I Cf) . a CIO . I Lij 01:3 :3-0 c-) 0 0! U) LU 0! 2 Lu CIO CIO co; > Cl) 2 w M! a) Q a), (1) a) a)• 4) a)! a) co j C), 0 r I'D OI M 0 r w 0 0 w C: 0 CIO =;.2 a) 0 0 .0 -J. r_ C: lo >1 LL -Cl -C 0 M _j It. cli (0�O ol I 2 N C'4 115, 0 :r- M co -0 tm cc .2 Ol a. 2: 0' C; =3 1 '0 Co 'o =3 U C: 2 " =3 CD u u -(D! -0,5 1� Z, 0 cn o CD CL 0 CL 0) 0- 0 0� co cy cLi � U) IF LIO 75 2 ol Z3 CL Sj LU .2 LU (D, �-: o a) ol =5 I E cLi -0 U) o '5� � 0 '2 X: Cf) U) 0 010 0 r- 1 CD .0- P! !.C: I rz. ol r- :5 of ol U)i D CL Z 0 .5 c E I LL U) cml F- (D c: ` 2 m 012� - > 0 1� 0) a M m M U) -0 0 LU W 0 -0 1 a a) -0 -5 > M M M -01 co co Mi(f) 0! W M Q) M Oi co 1 % 0' X ol LL Fo )l CLI LLJ I Cc I C: U) LU M roles. -0 C, M >[M� -0 ['r- 0! M -5 -C E m i CIO 2! Q")![ l=ml =31 2 M (D -C in in M El ol 2; r- f -C a) CD r- 01 o'— 0 0 Z C3 0 0 =1 a) up .0 . I M; 2-21 ), c) 01•a! 1 1 c: 1 = lj:; 3: OiClt C>U I U,) E o C&I CQD)! i -- 1 -r_ CC: 0I ol ol 01.2 o co: ol CIO I co -210 co .21 i C) 1 1 .0 1 M (a I cf) 1 WMj- (n I CL a) 0143) '01' El a) 43) 21 -3), =5 'cu s D a (n I 2 U) u): (f) ol(DIO 0! IF CL <ILLJI !U),U) LLJ (0, m C.) C3, Q_; 0- 02), AP 0 Z 0 E 0 i ;01- cq M q U-) -'00 01-i- 04 - M 't LO CO P.- m a N C2 N C-4 N M It IN C-4 LO C-4 0, s lCoir- co N' co i "'t 04'; 041 Cj N C, co C', C', Lo 'o M, r*- co 0, i co q LO mi :,q "q;,q "t 82 ti L6 (D Cl) • ! , ; i ! O O I,- LO �lC) ,T 010 0) OI(DilolO!M10iNiU?II�IO�N:N N�00'� M (DICO.MILoiO e-jto;�I�IO ! I ! ! ! 010 iOiOltoltol0;0 O�Njloj� d ! 0 0 j(D d jOjd 1 i. lC•) Lo_�-mi (O:CD-OI(DI�,� ti I,--LOICDI(DIMi00 U-) 0i0I0 MNICO'' NIN00N00 Oi;� 0 to, LO'Il�N 0 CO.CD'NIU7!d'I�-d--aO,d'jCQ 4!1,- NO)<0LO�-INLO04 N N00 d•;d•,0 O-0 O N;N �:O O !MIOO OIL, ICI ICDjCl) iCD CO CO, 00!(Oj0j(0 CN I IM NI;C), Efil EA�EA;EAI EA EH;ff}I Cf9-169�64 61) 69- 6@i69 611, Efr 69- 6fi 69 tf) 69- 691EA�Efi 69�(f- U:)-!+;A lli i. I i OIN 0�0 ti tl.0011`1'10 t.C)f t.C)I� co ti CO t�,COj� 0 ��� CD I CD �ICD CO - CO LO CO 0 I LO 0) CD 0 I I I I M It COid' M �IMICOjt- I I-,M�O CIO O 0;C0 O d_1010 Nti .-- M t�1LOtA,O!� N d" U') .--;Mii"t LojO O!6 � d'Id' _ t!7 l!7 t` O!00 NIN 00t�00!IoILO;O I� �•.O01MI� NI M�O� OHO C) CD ! co co �'CN l ER I EF} EA EA 613- Ef3I6fi &9- 6P! Ef} EA EF}� 69 Efi Efi Efi Efi Ef} (ER 6F} (A I Cf} j Efi EA� EA; Eft (flF U:) 6q O 0:010 OiO O C)OlOIO O OiC)CDO CD, O;OjO O! O!O O O!O O;O Oi0 O10 010010 OiOIO;,O�0i0!LOj010iO1Oy0 C) CD C) 010 01010 O O'O!O--O C:)" C), 6.c; OILO 't t-- IUoILod jO.Ol1.�0 C; O�C; O;O Lo 1- O O o O'O'O lt) lC) CD C) O C) O�O,O OO � m CD LO CD CD,0 �,Lo. Ni0,0!O mid :Lo 'I�Id•'CDjtf');LOILO til i r-•; !N' IOjLoj j O d' coEN�d• U]itn � co') � M O 00 d-j0O OIO+Uo 001Njt�l•'- (c j(D OIO;O i � !lnN!OjCO I �i':�jll'ijfi ER6fi!6f}I6f3 69I 69j6fi�6fi 6h?j69i6Fii 6fil6f}I 619,161) �69 64iC•F}!6969Efidi6�I6�j6'ilfi}6�I6� j di o C:)l O OiO;oIO!o!(D.C) CD. OOIOIOIOiOOjOIOOiO 10 0IC) O 00 O O10 0 0 OjO�OlOIO!OOM!OIOIOIOO 0l0 CD C) C:) C) OjO;o 0.010 O LO! C), tOO-M;a00!IO•-IOI� I C)IOj0 O r- O COD IOOI��CODi�I�-M;OiMiO;d•j I LO i tij0:0 LOJO 00 Ned U) M Mi I ; j M! IOjO I I N N U) jC) LO ! i ! I I I I 1 I 6 ). 69I 691 to 613- 6}j6Hltf}jEAi69 6H I 6� Ei} 69I6/} 6/}I�} Efl'j63I6H•i6RI6f}j6fi , 6f} 69j6fi fA 69 69 ' >- >-L%I,%'i ILL LLIIL Q U,UIC) U) n;J'JIJ'J LU Q'Q LU W Q WIW Q QiQ WIWIW Q IL J Z!ZIZ O10 o>->- f I II-iU!U'U ZI I -II- i OIIL !�'Icnlcn HIU) --i LU LU O I O I M 1p M O l 00 10 ' U7 i r' Lo M I d 1- Lo ' Lo N N � I � to LoLC) O It It l- ! M j CO Lr) Lo ! L(o l 0 •-- j •-- I CA N I COCN! CN I I i I , I I I I I !Oi I j I I (D; I j I ° I s 1 ;I a! 3I j j I IV I CI A- r_ I ! I (D U)I E I I jQ ) I i I Ej E' I E (0 CO i ! o 't Lo 3 OI ! �j i N m ( N colpl�! co N " 9 - �I00I j CI CN �N a T E m -01 U L6 j LL coo; j �I aFLlEL Cl CN cU �, °' � U D > C7) C li 3 3 E CU p U .. N co O c O U I` '0 ail olcn'cn p �I _ -CJ U7 N a 0 C,01_ �I C ' C a. N T O C! O, O E C O O O D (A (A!O '� [] C[f Lr to C� ''-' Gi ":7'''"' C ZT O� i� >(t3 .0 Imo' O W U �'� J UIU UIO'� N i;i il0'- U) I tnl U) to 0 U .0 O •O X N •X ,01 XI•� U ZTI �IU C� �I �; oi- ail - > c pi c w.aj� alUiN! (61 -I=!�. I — UI �I �� � Ni+%I c Nf tU, c_ N Co(C cl .y tU o �I 'C7 w OI w'w O O'�j'++i'C o;cn UI CD N cc Ui o, (6: U I OI X'Y!�I UI !tOj t01 ��t0•.. w cl of _I�j� `J a o! Cnl_i-OI ++ o C �+ m' CI ++��'� O: Ci 2I_ Vi NI OI -O, �I�i �! Si— (n'U -p'W I -! ' c0 .0 �!++i (Oj Yj CI C� _ U Oj O'O! OI.Oj Olii �� U �+ tU U ..+ LU U ..+ COI N: C C O� C, O C Oi C.._ OI Ci N CO! o "-J� �! 31.21 I'0I I N; (6I;=! OI C0: Q j �7-y1 a 31 Oi N UAcoi,(�jO�fnidlU!UjU UjalU!U U'U,m1ILj�;(nl(n!� cy U)i -€of X CD I,-. co 0i01-INIM ILO d I- LO Lo-u) LO j jLo co toIU) II- 00 Lo!LoICOjCD,CO'COICD;(D!(D 0;01- NIM ! d•IU) CD 11 - 00`0101-!N (0 MODAl i i ;Mid- if-lt-1t- h•• m d v d t U cn F IH3 O Lf) M tC7 CD CSP LO It I(e, m .��®,\\gglltltl/�9g0®8�/yB/ ..e . -ig j' ° �A a7 e S 6'm a(- s ® e ' d) �J 0 c` 00 � � BB/Il1111111\\\ � N UJI c -v, a _o cn �o V� U -o Z � U Y Y d C-i E N o 9. � Ca c 95 i 0 co. U U?^C>, y N Z Q a 0) _ = 0-0 p U Cu M E2_ N O J m O L1.- it ;D �:, =) _q) O � -0 pE < O C O 'bJ- T U) UO� z:E U) C 0 O ca a) w N C+O-) N N d CU CU N CL CL O N CUa) CL o � C1 d :o co E c CL (D •� ry o a) ;z E j c d co ca N E 0 U) �a 0 N O U) CU N O co C Y W O T :S Ce U N N C - (U • � N (U C L U L � N r1 r J H 1 0 I ` M j c I) m Qi L1J LU C) C) m L 0 c°� C T •' • COTTONWOOD DRAINAGE IMPROVEMENTS Date May 21, 2013 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the Project Manual entitled: "Cottonwood Drainage Improvements, Whatcom County, Washington," including the 'Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," and "Plans" governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said Project Manual. COTTONWOOD DRAINAGE IMPROVEMENTS BID PROPOSAL FORMS Page 9 185 WHATCOM COUNTY PUBLIC WORKS COTTONWOOD DRAINAGE IMPROVEMENTS DESIGN SECTION REFERENCE "NO,I 1 QUANTITY I DESCRIPTION I P icE TOTAL Schedule A - Civil and Storm Drain Items 1 MOBILIZATION LUMP (1-09.7) SUM r),</ -J, 0b 2 1 SPILL PREVENTION, CONTROL, AND COUNTERMEASURES PLAN LUMP (1-07) SUM per LS 1 ARCHAEOLOGICAL AND HISTORICAL SALVAGE EST (1-07) .00 $ 5,000.00 4 10 STAND-BY TIME DUE TO ARCHAEOLOGICAL FINDINGS DAY (1-07) $ 11.'it,ti�- $ per DAY 5 1 PROJECT TEMPORARY TRAFFIC CONTROL LUMP (1-10) SUM $ I'1- u5q$ ("Sq.IQ per LS 6 1 CLEARING AND GRUBBING LUMP (2.01) SUM per LS 7 1 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LUMP (2-02) SUM p per LS a 8 100 UNSUITABLE FOUNDATION EXCAVATION, INCLUDING HAUL CUBIC (2-03) YARD c� ��. J� p $ $ per CY 9 3,500 SHORING OR EXTRA EXCAVATION CLASS B SQUARE (2-09) FOOT J per SF to i• WHATCOM COUNTY PUBLIC WORKS COTTONWOOD DRAINAGE IMPROVEMENTS DESIGN SECTION REFERENCE ITEM QUANTITY DESCRIPTION UNIT TOTAL 10 2,900 STRUCTURAL SHORING CLASS B SQUARE (2-09) FOOT '3l n(� $ $ per SF 11 1 DEWATERING LUMP (2-09) sum s %k.O's %5 io. pZ pbr LS 12 5,300 GRAVEL BASE TON (4-02) $ a� s Sly ��.01 per TON 13 180 CRUSHED SURFACING TOP COURSE TON (4-04) per TON 14 125 COMMERCIAL HMA CL. 1/2 IN, PG 64-22 TON (5-04) per TON 15 1 TAPERED END SECTION WITH TYPE 4 SAFETY BARS 30 IN. DIAM. EACH (7-03) per EA. 16 1 TAPERED END SECTION WITH TYPE 4 SAFETY BARS 36 IN. DIAM. EACH (7-03) 25�ur $ 9 per EA 17 240 CORRUGATED POLYETHYLENE STORM SEWER PIPE 12 IN. DIAM, e LINEAR (7-04) FOOT f _ � O � � `� $ !1"�•� � `J. per LF 18 100 CORRUGATED POLYETHYLENE STORM SEWER PIPE 24 IN. DIAM. LINEAR FOOT (7-04) , `c_ U J t� �-} 0� " $ "-1 J $ per LF 187 WHATCOM COUNTY PUBLIC WORKS COTTONWOOD DRAINAGE IMPROVEMENTS DESIGN SECTION REFERENCE ITEM 1 NO. I QUANTITY DESCRIPTION UNIT PRICE TOTAL - 19 315 CORRUGATED POLYETHYLENE STORM SEWER PIPE 30 IN. DIAM_ LINEAR FOOT (7-04) q T< I.-, J _ $ $ !/ per LF 20 60 CORRUGATED POLYETHYLENE STORM SEWER PIPE 36 IN. DIAM. LINEAR FOOT (7.04) per LF 21 275 HIGH -DENSITY POLYETHYLENE (HDPE) STORM SEWER PIPE 36 IN. DIAM. LINEAR (7-04) FOOT ������ kCI I $ $ per LF 22 60 CONTROLLED DENSITY FILL CUBIC (7-04) YARD per CY 23 15 PEA GRAVEL FOR BEACH RESTORATION! TON (7-04) per TON 24 i CATCH BASIN TYPE 1 EACH (7-05) Q GG per EA 25 1 CATCH BASIN TYPE 1 L EACH (7-05) Ilt.�� $ $ per EA � 26 2 CATCH BASIN TYPE 2 4$ IN. DIAM. ,k ' EACH (7-05) t $ .� $ per EA 27 3 CATCH BASIN TYPE 2 54 IN. DIAM. EACH (7-06) 12 WHATCOM COUNTY PUBLIC WORKS COTTONWOOD DRAINAGE IMPROVEMENTS DESIGN SECTION REFERENCE ITEOM ` QUANTITY DESCRIPTION PRICE UNIT TOTAL 28 4 CATCH BASIN TYPE 2 60 IN. DIAM. EACH (7-05) /; i 72.,z7$ per EA 29 5 WATERTIGHT RING AND COVER EACH (7-05) I q $ 1q-1-$ per EA 30 1 ADJUSTMENT TO FINISHED GRADE LUMP (7-05) SUM per LS 31 45 ESC LEAD DAY (8-01) per DAY 32 6 INLET PROTECTION EACH (8-01) per EA 33 340 STABILIZED CONSTRUCTION ENTRANCE, SQUARE (8-01) YARD $ SI per SY l� 34 1,450 SILT FENCE LINEAR (8-01) FOOT per LF 35 1 EROSIONIWATER POLLUTION CONTROL EST (8-01) $ 7,000.00 $ 7,000,00 EST 36 125 SEEDING, FERTILIZING AND MULCHING ' SQUARE (8-01) YARD Ll per SY 13 is WHATCOM COUNTY PUBLIC WORKS COTTONWOOD DRAINAGE IMPROVEMENTS DESIGN SECTION REFERENCE ITEM QUANTITY DESCRIPTION PRICE TNO. IOTAL 37 500 SEEDED LAWN INSTALLATION SQUARE (8-02) ✓ YARD $ �.�� $ �l c3 • Zj per SY 38 130 BIODEGRADABLE EROSION CONTROL BLANKET SQUARE (8-02) YARD _._...._._ $ � •��s �� L � , �� per SY 39 1 LANDSCAPE RESTORATION EST (8-02) $ 12,000.00 $ 12,000.00 EST 40 40 CEMENT CONCRETE DRIVEWAY SQUARE (8-06) YARD $ per SY `r 0 Z,4 V-, 29 41 10 QUARRY SPALLS TON (8-15) per TON 42 560 PAINT LINE LINEAR FOOT (8-22) perLF 43 10 PLASTIC STOP LINE LINEAR (8-22) FOOT ii-f per LF 44 12 POTHOLE EXISTING UNDERGROUND UTILITIES EACH (8-30) per EA 45 1 REPAIR EXISTING PUBLIC AND PRIVATE FACILITIES EST (8-31) $ 20,000.00 $ 20,000,00 EST Total Schedule A 14 190 WHATCOM COUNTY PUBLIC WORKS COTTONWOOD DRAINAGE IMPROVEMENTS DESIGN SECTION REFERENCE TE QUANTITY DESCRIPTION NIT PRICE Schedule B - Treatment Items 46 250 DITCH EXCAVATION, INCLUDING HAUL CUBIC (2-03) YARD $ per CY TOTAL 47 30 EMBANKMENT COMPACTION CUBIC (2-03) YARD [�/j per CY 48 3 CONTROLLED DENSITY FILL CUBIC YARD (2-09) _ per CY 49 245 CONSTRUCTION GEOTEXTILE FOR FILTRATION SQUARE YARD (2-12) ('�i $ $ per SY 50 3 30 MIL HDPE LINER SQUARE (2-12) YARD _ r per SY 51 70 SOLID WALL PVC UNDERDRAIN PIPE, 12" DIAM. ;; t LINEAR (7-01) FOOT per LF 52 8 SOLID WALL PVC STORM SEWER PIPE, 12" DIAM. LINEAR (7-04) FOOT per LF 53 150 SOLID WALL PVC STORM SEWER PIPE, 18" DIAM. LINEAR (7-04) FOOT Lis $ per LF 15 191 WHATCOM COUNTY PUBLIC WORKS COTTONWOOD DRAINAGE IMPROVEMENTS DESIGN SECTION REFERENCE ITEM NO. QUANTITY DESCRIPTION PRICE TOTAL 54 55 PVC PIPE (C900), 24" DIAM. LINEAR (7-04) v FOOT $ ct per LF V� 55 1 CLEANOUT, 12" DIAM. EACH (7-05) 9� l.�a cla t,�g �.. per EA 56 2 CATCH BASINS SD4,5 AND SD4.6, TYPE 2, 48" DIAM. INCL. PAVEMENT RESTORATION EACH (7-05) jj& - per EA 57 2 CATCH BASINS SO4,2 AND SD4.3, TYPE 2, 54" DIAM. EACH (7-05) per EA 58 1 CATCH BASIN SD4.4, TYPE 2, 72" DIAM. FLOW SPLITTER EACH (7-05) $ G'lLi 1, $ C._D�tLi t per EA 59 1 PIPE END DEBRIS RACK, 18" DIAM. EACH (7.05) per EA 60 1 CONNECT TO EXISTING 30" CORRUGATED METAL STORM SEWER EACH (7-06) `. Lnt�sF� $�L.s� $ per EA 61 1 CONNECT TO EXISTING 18" CONCRETE STORM SEWER EACH (7-05) % per EA 62 1 CONNECT TO EXISTING 6" PVC PIPE EACH (7-05) per EA 16 192 WHATCOM COUNTY PUBLIC WORKS COTTONWOOD DRAINAGE IMPROVEMENTS DESIGN ) SECTION REFERENCE ITEM QUANTITY DESCRIPTION UNIT TOTAL NO. PRICE 63 115 CONCRETE WEIR LINEAR (7-05) FOOT $ "� fir' ��-Q S'�G --T-7. 3 per LF 64 140 BIOINFILTRATION SOIL TON (8-02) s LA-1 P $ u IQ per TON 65 40 FILTER MEDIA TON (8-02) per TON 66 175 DRAIN ROCK TON (8-02) 3s 3 " $ s per TON 67 135 SWALE SEEDING r ;1 t' ( 0 SQUARE YARD (8-02) per SY 68 60 SIDE SLOPE SEEDING SQUARE (8-02) YARD Z,-7 -f $ ,25' per SY 69 195 JUTE MAT AND STRAW SQUARE (8-02) .:} YARD per SY 70 2 QUARRY SPALLS'% TON (8-15) ��++ per TON 71 125 SPLIT FACE CMU WALL SQUARE FOOT (SEE BID ITEM DESCRIPTION) $ ✓�'�b $ per SF 17 193 WHATCOM COUNTY PUBLIC WORKS COTTONWOOD DRAINAGE IMPROVEMENTS DESIGN SECTION REFERENCE 'O QUANTITY DESCRIPTION UNCE TOTAL 72 160 TWO RAIL CEDAR FENCE LINEAR (SEE BID ITEM DESCRIPTION) I'' FOOT $ • N L( $ /i J O , per LF 73 1 ROADSIDE RESTORATION EST (8-02) $ 10,000.00 $ 10,000,00 EST 74 1 REPAIR EXISTING PUBLIC AND PRIVATE FACILITIES EST (8-31) $ 15.000.00 $ 15.000,00 EST Total Schedule B $ nZ, lo21,I-7Fg01 TOTAL BID: Schedule A and B $ is 194 ENVIRONMENTAL PROTECTION AGENCY (EPA) REGION 10 CONTRACT SPECIFICATIONS December 2011 The EPA Region 10 Contract Specifications pertain to procurement by sealed bids (formally advertised). The EPA's Contract Specifications are to be included in the EPA grantee/ grant applicant's "Instructions to the Bidders". A copy of the "Instruction to the Bidders" should be provided to the EPA Project Officer. Reviews and approvals by EPA are for administrative purposes only to determine compliance with Federal laws and regulations. EPA is not a party to the proposed contract. EPA's reviews and approvals are only to determine Federal grant participation in the proposed contract. GENERAL. The construction work under this contract is being used as cash match on an Environmental Protection Agency (EPA) Puget Sound Management Assistant Program Grant. Therefore, all applicable Federal, state, and local laws are to be complied with during bidding and construction. The contractor is responsible for its own and its employees' acts or omissions under the laws and the contract. The contractor and its subcontractor are jointly and equally responsible for the acts or omissions of the subcontractor and its employees. EPA grantees and subgrantees are responsible for the successful administration and completion of Federally -assisted projects. EPA is not a party to any of the grantee's and/or subgrantees' subagreements for the construction of the proposed project. Reviews and approvals by EPA are for administrative purposes only to determine compliance with Federal laws and regulations and to determine the level of Federal participation. COMPLIANCE WITH STATE & LOCAL LAWS. The construction of the project, including the letting of subcontracts, shall conform to the requirements of state and. local laws and ordinances. If such requirements conflict with Federal laws and regulations, Federal laws and regulations shall prevail (e.g., retention of records). MAINTENANCE OF EXISTING TREATMENT WORKS DURING CONSTRUCTION. Where construction consists of replacement of, or modification to, existing lines, pump stations or treatment facilities, the contractor shall provide for maintaining such works and existing levels of treatment at all times during construction. The work shall be done in accordance with state and local regulations. ACCESS TO CONSTRUCTION SITE. The contractor shall provide access to all work sites for duly authorized representatives from EPA and the state. ACCESS TO RECORDS. The contractor shall provide for access for duly authorized representatives from EPA and state to any books, documents, papers, and records of the 19 195 contractor which are pertinent to that specific contract for the purpose of conducting audits, examinations, excerpts, and transcriptions. RECORDS RETENTION. The grantee, subgrantees, and prime contractors shall retain all records for three years after final payments or other pending matters (e.g., litigation and audit) are closed, whichever is longer. BONDING REQUIREMENTS. Bidders on contracts less than $100,000 shall be subject to state and local requirements relating to bid guarantees and bonding requirements. For contracts and subcontracts exceeding $100,000, EPA may accept the bonding policy and requirements of the grantee or subgrantee if EPA made a determination that its interest is adequately protected. if such a determination has not been made, each contractor awarded a construction contract in excess of $100,000 shall meet the minimum requirements as follows: Bid Guarantee from each bidder equivalent to five percent of the bid price. Performance and Payment Bond on part of the contractor for 100 percent of the contract price. AWARDING OF SUBAGREEMENTS. For sealed bids and where two or more responsible bidders are willing and able to compete effectively, grantees or subgrantees will make awards to the lowest, responsive, responsible bidder whose bid conforms with all the material, terms and conditions of the invitation for bids. In instances where competition by sealed bids is determined inadequate (e.g., only one sealed bid is received), the grantee or subgrantee must obtain EPA approval prior to executing noncompetitive procurement contracts. Otherwise, EPA funding of the project may be withdrawn. SETTLEMENT OF PROCUREMENT ISSUES. Grantees and subgrantees alone will be responsible for the settlement of all contracts and administrative issues arising out of procurement. Grantees and subgrantees will have procedures to handle and resolve procurement issues and shall disclose information regarding such issues to EPA. Such issues include, but are not limited to, source evaluation, bid protests, disputes, and claims. EPA is not a party to any of the grantee's or subgrantee's subagreements for the construction of the proposed project. EPA's funding of this project does not relieve the grantee or subgrantee of any contractual responsibilities under its contracts. Reviews and approvals by EPA are for administrative purposes only to determine compliance with Federal laws and regulations and to determine the level of Federal participation. EPA will not substitute its judgment for that of the grantee or subgrantee unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having jurisdiction. Reviews by EPA will be limited to the violations specified below. All other issues received by EPA will be referred to the grantee or subgrantee. Violations of Federal law or regulations or the standards. Violations of State or local law will be under the jurisdiction of state or local authorities; and Violations of the grantee's or subgrantee's protest procedures for failure to review a complaint or protest. 20 196 BID PROTESTS. Grantees and subgrantees will have procedures to resolve bid protest appeals and shall disclose information regarding the protest to EPA and the state. A protestor must exhaust all administrative remedies at the grantee's and subgrantee's level before pursuing a protest with EPA, Only parties with a financial interest which are adversely affected by the grantee's or subgrantee's decision on the initial bid protest may file a bid protest appeal with EPA. EPA will not substitute its judgment for the grantee or subgrantee unless the matter is primarily a Federal concern. Reviews by EPA will be limited to the violations described under the preceding section entitled "Settlement of Procurement Issues". Violations of law will be referred to the appropriate local or state authority. Bid protest appeals must be filed with the Office of Regional Counsel, EPA Region 10, ORC- 158, EPA, Region 10, 1200 Sixth Avenue, Seattle, WA 98101. A protest appeal must: • Be a written complaint regarding the grantee's or subgrantee's determination of a bid protest appeal; • Include a copy of the grantee's or subgrantee's determination of the protest, and • State the basis for the appeal. The party filing the bid protest appeal must concurrently transmit a copy of all protest documents and any attachments to all other financially interested parties which may be adversely affected by the determination of the protest appeal. EPA will only consider written protest appeals received by the Office of Regional Counsel (ORC) within seven (7) calendar days of the grantee's decision. However, the adversely affected party can also meet the seven day notice requirements by telegraphing or faxing to ORC within the seven calendar day period its intent to file a protest appeal, provided the adversely affected party submits a complete protest appeal within seven (7) calendar days of the date it sent the telegram or fax. If the seventh day falls on a Saturday, Sunday, or holiday, the next working day shall be the last day to submit a protest appeal. For any protest appeal based upon alleged improprieties in the solicitation which were clearly apparent before receipt of initial proposals, EPA may dismiss as untimely any such appeals if the grantee or subgrantee does not receive the initial protest before bid opening or the closing date for receipt of proposals. COST AND PRICE ANALYSIS. The grantee and subgrantee must perform a cost or price analysis for all procurement actions to determine the reasonableness of the proposed contract price. A cost analysis is also necessary for contract modifications, and for change orders. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, grantees must make independent estimates before receiving bids or proposals, COMPLIANCE WITH OTHER FEDERAL REGULATIONS. The grantee and subgrantee are to ensure that their contracts include appropriate provisions in their bid documents to ensure contractors' compliance with the following: 21 197 • Administrative, contractual or legal remedies in instances where contractors violate or breach contract terms, and provide sanctions and penalties. • Termination for cause or convenience by the grantee and subgrantee including the manner by which it will be effected and the basis for settlement. • Compliance with Executive Orders and Department of Labor pertaining to Equal Employment Opportunity. (Pertains to all construction contracts in excess of $10,000.) • Compliance with the Copeland Anti -Kickback Act. • Compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act. (Pertains to construction contracts in excess of $2,000 and in excess of $2,500 for contracts involving employment of mechanics or laborers.) • Compliance with all applicable standards, orders, or requirements under 306 of the Clean Air Act, section 508 of the Clean Water Act, Executive Order 11738 and EPA regulations 40 CFR, Part 15. (Pertains to contracts and subcontracts in excess of $100,000.) • Requirements of the energy efficiency contained in the state energy conservation plan issued under the Energy Policy and Conservation Act. P.L. 94-163. EPA REGULATORY REFERENCES. 40 CFR Part 31. In circumstances where the provisions of Part 31 are ambiguous EPA will generally look for guidance to the language of 40 CFR Part 33 and past requirements and determinations made pursuant to Part 33. SMALL, MINORITY AND WOMEN BUSINESS ENTERPRISE UTILIZATION REQUIREMENTS AND EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS POLICY Consistent with the President's Policy Statement on Minority Business Enterprise dated December 17, 1983, Executive Order 12432 and the Environmental Protection Agency's Procurement Under Assistance Agreements Regulation (40 CFR 33) dated May 28, 2008, all bidders shall be required to comply fully with these bid specifications toward the goal of equitable utilization of Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Small Business Enterprises (SBEs). Such utilization may be through prime contracting, subcontracting, joint -venture, procurement of supplies, material or equipment, or other business participation utilized in performing this project. In this regard all contractors shall take all necessary and reasonable steps to ensure MBE/WBE/SBEs have the maximum opportunity to compete for and/or perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of EPA assisted projects. 22 198 REQUIREMENTS Bidders must take the following "Good Faith Efforts" in awarding subcontracts for supplies, construction or services and equipment: 1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. 5. Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. 6. If the prime contractor awards subcontracts, require the prime contractor to take the above steps. The bidder shall complete a Sworn Statement of Compliance (Attachment B) which has been made a part of the proposal. FAIR SHARE Fair Share is a reasonable amount of funds commensurate with the total project funding, demographic factors and the availability of minority and women's businesses. A fair share does not constitute an absolute goal, but a commitment on the part of the bidder to attempt to use minority and women's businesses by carrying out the five "Good Faith Efforts" described under 40 CFR 33 Subpart C. 40 CFR 33 Subpart B 33.201. Certification: (a) In order to qualify and participate as an MBE or WBE prime or subcontractor for EPA recipients under EPA's DBE Program, an entity must be properly certified as required by this subpart. EPA AND STATE OF WASHINGTON FAIR SHARE MBE AND WBE GOALS The established goals for MBE and WBE participation are as follows: Construction/Public Works Architecture/Engineering Purchased Goods Purchased Services Professional Services 10% MBE 6% WBE 10% MBE 6% WBE $% MBE 4% WBE 10% MBE 4% WBE 10% MBE 4% WBE 23 199 Additional information may be found at website htt�://www.gpa.gov/osdbuf�Tants.htm. Questions about the EPA DBE regulations should be directed to: EPA DBE Coordinator Greg Luchey U.S. EPA Region 10 (OMP-145) 1200 60' Ave, Suite 900, Seattle, WA 98101-3140 Phone (206)553-2967 luchey,gregC epa.goy 24 200 EPA Review of the Apparent Low Bid 1. The EPA grantee / grant applicant (Grantee) shall defile what information must be submitted completely and correctly with the sealed bid and what information may be submitted, adjusted, or corrected after bid opening based on state and local requirements. 2, The Grantee shall evaluate the bid packages to identify the lowest responsive, responsible bidder (preferred bidder) and forward the documentation listed below (Submittals 1-9) to the EPA DBE Coordinator and the EPA Project Officer. 3. EPA will then review the apparent low bidder's good faith efforts and compliance with the Federal Disadvantaged Business Enterprises (DBE) and the Small, Women, and Minority Business Enterprises (MBE/WBE) requirements. EPA's review for compliance with the Federal DBE requirements is a "responsibility" matter. 4. EPA's review is normally completed within 3 - 4 weeks. EPA may require that the apparent low bidder demonstrate additional good faith efforts. Failure to demonstrate good faith efforts (i.e., ion compliance with the Federal DBE requirements) will preclude EPA from approving Federal grant participation in the proposed contract. 5. If the Grantee proceeds with award of the low bidder contract prior to receipt of the EPA Project Officer's approval, the Grantee proceeds at its own risk (e.g., contract costs may not be eligible for grant participation). SUBMITTALS Grantee to prepare and submit: (1) BID TABULATION Summary of Submitted Bid Forms (2) EPLS RESULTS Firm not suspended or debarred (see grant condition) Grantee to submit from the apparent low bidder: (3) APPARENT LOW BID Copy of Submitted Bid Form Copy of Bid Bond (4) APPENDIX A Small, Women and Minority Business Firms Contacted (5) APPENDIX B Sworn Statement of Compliance with Small, Women and Minority Business Utilization Requirements (6) EPA FORM 6100-3 DBE Subcontractor Performance Form (7) EPA FORM 61004 DBE Subcontractor Utilization Form (8) APPENDIX C Contractor's Compliance Statement (Executive Order #11246) (9) APPENDIX D Certification of Non -Segregated Facilities Copies of items (4) through (9) follow this page. 25 201 APPENDIX A SMALL, WOMEN, AND MINORITY BUSINESS ENTERPRISES CONTACTED Project: Name of Bidder: C( K)n ( - y� Q-0 (Complete for each DBE firm contacted) Check all that apply: Name of Firm: �°1 ( l� MBE Address: 6 E (n��i�e wn�, t=P,�rr�? v✓i�s1 _ SBE 1 Phone:6s; _ g WBE 1 Description of Work Element or Supplies Requested: Joint Venture `% �uFtit ,n4rc Other Date and Time contacted: C - 1`7- 1,5 i 0 -'30 A iV1 Subcontractor Amount to be contracted: OR _ Supplier Reason not selected: Manufacturer Name of Firm: r k 5+ern l� r, erg r o ro,, f rom_ zinc_ � MBE Address: �3;L t_r�np 5fAf'KPe(it 'h:rr W� SBE Phone: -�6b 6 - I WBE Description of Work Element or Supplies Requested: _ Joint Venture % (c V1 i r f .� ( tv1(A V tt l I _ Other Date and Time contacted: 5 - ('7•- t .� i ti, 1 ,c- 11 Subcontractor Amount to be contracted: $ '" °" at=- - gal �° OR Supplier Reason not selected Qp� c cps}. b� �i ,I Manufacturer Name of Finn: ncrR' a `,� {� t s�l Sc p °' ; "�» MBE Address: _ PO 1 rr A IS -It tnr6 28e3T-k"' SBE Phone: WBE Description of Work Element or Supplies Requested: Joint Venture % Lo, n i ) co f;,l:n fi Other Date and Time contacted: r�- 1,5 1 r 41,qSubcontractor Amount to be contracted: $ OR Supplier Reason not selected: We Qa' � Manufacturer Use as many pages as necessary 26 202 U.S. Environmental Protection Agency APPENDIX B SWORN STATEMENT OF COMPLIANCE WITH SMALL WOMEN AND MINORITY BUSINESS UTILIZATION REQUIREMENTS To be eligible for award of this contract, each bidder must execute, and submit, as part of their proposal, and together with their bid, the following certification relating to SBE/WBE/MBE participation. The certification below shall be deemed a part of the resulting contract. The bidder has taken the following "Good Faith Efforts" in awarding subcontracts: 1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. 5. Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. 6. If the prime contractor awards subcontracts, require the prime contractor to take the above steps. J Signature Date 1 eww& . 4 ['ram 1 l`A&1 --- Name and title of signer (pledse type) t1!,h6ncoc Q-C-6 (y1 Email address 27 203 f ECEItfED 05/16/2013 11: 23 3903540611 NOY-19-2013 09c FROtl;FM-FLAGGING 3603800465 HONCOOP GRAVEL TO:3540611 P.2 P�tv lw � PmUwtan Agent' AfFvavad: ApFwwsl Di j:4vanuged Bnslnets Entupriae NoUmn DBr subcmdractur Pmfomawc corm WI Q CVE nkl_Wat �e( illlI_O w A ► N91, � LJ,1a �"AO o. (( W1:P�T(oNr ' tilN— 1�..f.." &MAADDIM.Si 1'1. P6t mz c+DDit`2i.A4 r0E-xAmz G'r 7fT11� NA rrod ax'wmz Oi nzsczxFrxuN R101O Y'J[ k cw.,uwvx -. PR742.�4..,!...�?�CIIY $XTBA Trrw TD FRIW Z coprIi1. cma 3A, 40 Cunenty perdtled as xm lk= [ IEPXS DHE Yes Ko i! i41traG�OK�..:. Date ilrud Nam The SJar /aG� rcattwe of Smboonfractcw Dam aw r �e—,c.r -rA $WKO* wpwu"nedwAm z .amp owmmkGrvdpo"w%osm ao mWrrorrwan•anwa" w pR,+E =wrbom pwown won 9YA "ter ZPA 170M 61W) (DAB SW-=MK r Pwh mmcr Fun* Z2 204 Envirmunental. Adoll Protection Agency OMB Control No: Approved: Approval FxWes: Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Foam :t• •s•s • •e • ��, •ta• rs•• a• r •;OEM eE j `r 'WITAIRMA_a The following subcontractors' will be used an this project: COA"ANY NAME, AUDi[%SS, PHONE TYPE OP WORK TO BE ESTIMATE CURRENTLY NU UMMIR AND E-MAM A ORESS PERFORMED D DO[3�.a' Y CflrrU9 ES? AMOUNT AS AN MBE L0� w iad-oA,Mk-- -�c� Lam+ "&; 'j t� ��� �--D J�bt"-->o 777z, ern ter. I certify under pw alty of perjury that the fora m S statanum is are true and correct. In the eveW of a replacement of a subcontractor, I will adheze to the replacement requirements set forth in 40 CFFt Part 33 sectm 33.302(c)_ Signature Of Prime Cantradar Date I A -A. .�._. 4at A u1 Print Nance Me %mbcoaba" is definod as a compnW, f4m, locus •enter•, or tndlvkhW who wWws ago an a&rreaumd with a car&adar to peawttie ar vscm pumma to an EPA awed of finuxW andsumxx EPA FORM 6100-4 aME S Uti]>xJ m Form) dl 205 U.S. Environmental Protection Agency APPENDIX C CONTRACTOR'S COMPLIANCE STATEMENT (EXECUTIVE ORDER #11246) Dates This statement relates to a proposed contract with Name of grantee) who expects to finance the contract with assistance from the Environmental Protection Agency. I am the undersigned bidder or prospective contractor. I represent that: I have Y- I have not participated in a previous contract or subcontract subject to Executive Order 11246 of September 24, 1965 (regarding equal employment opportunity) or a preceding similar Executive Order. I agree to comply with all the provisions of this Executive Order and the rules, regulations and relevant orders of the Secretary of Labor. (,6 -.l A(b)(4)) Signature Date Name and title of signer (pl 30 206 U.S. Environmental Protection Agency APPENDIX D CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certified, further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or area, in fact, segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed contractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such, certification in this file. % t Signature Date Name and title of signerlplea4e type; 31 207 OTHER FORMS AND ACTIONS NOT REQUIRED BEFORE AWARD OF CONTRACT To ensure the work performed under the contract remains eligible for EPA grant participation, after the contract is awarded and executed the successful bidder shall take action on the following documents. A summary of action required by the documents is provided for reference only. Refer to the actual documents for all requirements that must be fulfilled. EPA FORM 6100-2 DBE Subcontractor Participation Forth (Provide form to all DBE subcontractors) APPENDIX E Notice to Labor Unions or Other Organization of Workers Non -Discrimination in Employment (Complete the form and post as instructed.) APPENDIX F Standard Form 100 (EEO-1) (Submit -the form, as required, to the listed address unless a report has been filed within 12 months preceding the contract award date. The EEO-1 report shall be submitted annually during the life of the project.) APPENDIX G Requirements for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) (Comply with Executive Order l 1246) APPENDIX H Equal Opportunity Clause (Include the EEO clause in the construction contract and subcontracts and comply with requirements.) APPENDIX I Affirmative Action Program (Comply with affirmative action requirements if the contractor has 50 or more employees and has a contract of $50,000 or more.) 32 208 %Aaww EAvtMMUWnbd Protection Agengr OUM Caa>brol No: Approved_ Approval Expires: Lli"dvantaged Business Enterprise Program DBE Subcontractor Palticipatioin Form NAME OF SUBCONTRACTOR' MOf ECT NAME ADDRESS CONTRACT NO_ TELEPHONE NO. &MAIL ADDRESS FRDdE CONTRACTOR NAILiE. Please use We space below to report any concerns regardmr, the above E a'IA ended protect (L& reascm roc tern& ation by prime cmiractos, late payment, etc.). CONTI ACT ITEM NO. ITEM Of WORK OR PITON OF SERVICES RECXJVW MOM TEZ FRIIdE CONTRACTOR AMC RIJT SU13CONTRACrOIt WAS PAID BY MWE CONTRACTOR 9ubcontractiA Sa pdme Title/Date 'Sirbrarrtactcr u d�Nrrd a. a axaparq, firm. �otrK rwrrr�a ere tdN�duri who srlos tray ra a�+urint with sw=ed of fiauvc ai a wbmwr+. EPA FORM 6100-2 POE SutKQUWa IW PatisW3AM Farr 33 209 TO: APPENDIX E NOTICE TO LABOR UNIONS OR OTHER ORGANIZATION OF WORKERS NON-DISCRIMINATION IN EMPLOYMENT (name of union or organization of worker) The undersigned currently holds contract(s) with (name of applicant) involving funds or credit of the U.S. Government or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, creed, or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished you pursuant to the provisions of the above contract(s) or subcontract(s) and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. (contractor or subcontractor(s) (Date) 34 210 Standard Form 100 (Rev.121781 0A.B. No. 3D48-0007 100.210 EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER INFORMATION REPORT EEO-1 Section A — TYPE OF REPORT Refer to insfnx lions for number and types of reports to be filed. 1. Indicate by marking in the appropriate box the type of reporting unit for which this copy of the form is submitted (MARK ONLY ONE BOX). (1) ❑ Single -establishment Employer Report 2 Total number of reports being riled by this Company (Answer on Consolidated Report only) Mulli-establishment Employer. (2) ❑ Consolidated Report (3) ❑ Headquarters Unit Report Joint Reporting comorinee • Equal Employment Opportunity Commission . Office of Federal Contract Compliance Programs (4) ❑ fadrvktual Enabllshm¢at Report (submit one for each estabtisbmeot with 25 or more employees) (5) ❑ Special Report OFFICE Section B — COMPANY IDENTIFICATION (To be answered by all employers) USE 1. Parent Company ONLY a. Name of parent company (owns or controls establislvmni in item 2) omil if same as laboi) Name of receiving office Address (Number and street) j City of town County State ZIP Code b. b. Employer Identification No. 2. Establishment for which this report is filed. Omit if same as label a. Nacre ofestablishment Address (Nwtlber and street) City of town County State ZIP code d b. Employer Identification No,I -LLL1 (If same as label, skip,) i I (Multi -establishment Employers 3. Parent comoanv affiliation Answer on Consolidated Report only) company Address (Number and street) Section C — EMPLOYERS WHO ARE REQUIRED TO FILE (To be answered by all employers) ❑ Yes ❑ No 1. Does the entire company have at least t00 employees in the payroll period for which you are reporting? ❑ Yes ❑ No 2. Is your company affiliated through Common ownership and/or centralized management with other entities in an enterprise with a total employment of 100 or more? ❑ Yes ❑ No 3. Does the company or any of its establishments (a) have 50 or more employees AN (b) is not exempt as provided by 41 CFR 60-1.5, AND either (1) is a prime government contractor or first -tier subcontractor, and has a contract subcontract, or purchase order amounting to SW,000 or more, or (2) serves as a depository of Government funds in any amount or is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes? NOTE: If the answer is yes to ANY of these questions, complete the entire form, otherwise skip to Section G. 36 211 SECTION D — EMPLOYMENT DATA Employment at this establishment —Report all permanent, temporary, or part-time employees including apprentices and on- the-job trainees unless specifically excluded as set forth in the instructions. Enter the appropriate figures on all lines and in all columns. Blank spaces will be considered as zeros. NUMBER OF EMPLOYEES MALE FEMALE p z � o t� z z s o g z u W MOW z a o JOB CATEGORIES OVERALL TOTALS ( SUM OF � WWh2 1 ? _ yW 2 �' LL � 0¢ �ZYj z a wy= F-=V_' a < Yrr7? USU_' G ' ZLZ Qzg Y �qN> COLS =1 LLa: USt7 4q LLa N rnaZQ V J !2k wgrA_ R ~ g m Z LL d: 300 qLL C 3500 LL i Q� �, �a_ zaa � Z J Z a_az THRU K) 00 d100 i A B C D E F G H I J K Officials and Managers Professionals r Technicians Sales Workers j Office and t lerical Craft Workers 'Skilled __ Operatives 'Semi -Skilled) ,al)Oter3 'Unskilled Service Workers TOTAL Total employment I reposed in prehous I EE0.1 report 1 _ (The trainees below should also be included in the fi ures for the aporooriate occupational categories above rorme! 3n-Ihe hite collar _�w� ob _ rainoe rodvst;Qn 1 NOTE: On consolidated report, skip questions 2-5 and Section E 2 How was information as to race or ethnic group In Section D obtained? t ❑ Visual Survey 3 ❑ Other —Specify ....... . 2 ❑ Employment Record 3. Dates of payroll period used - 4. Pay period of last report submitted for this establishment 5. Does this establishment employ apprentices? This year? 10 Yes 2 ❑ No Lest year? 1 ❑ Yes 2 O No Section E — ESTABLISHMENT INFORMATION t , is the location of the establishment the same as that reported 2. Is the major business advily at this establishment the same as that reported OFFICI last year? last year? USE 1 0 Yes 2 ❑ No 3. ❑ Did not report 4. Reported on 1 ❑ Yes 2 ❑ No 3. ❑ No report 4. ❑ Reported on ONLY fast year. combined basis, last year combined basis, 3. What is the major activity of this establishment? (Be specific, i.e., manufacturing steel castings, retail grocer, wholesale plumbing supplies, titte insurance. etc. Include the specific type of product or type of service provided, as well as the principal business or industrial activity. ie. Section F — REMARKS Use this item to give any identification data appearing on last report which differs from that given above, explain major changes in composition or reporting units and other pertinent information. Section G — CERTIFICATION (See instructions G)_ Check one 1 ❑ All reports are accurate and were prepared in accordance with the instructions (check on consolidated only) 2 f] This report is accurate and was prepared in accordance with the instructors Iffieial I Title Signature Date 37 212 Name of person to oontact regarding Address this report (Type or print) i (Number and street) 'title City and State ` ZIP code ATefthone rea Code information ob?ained from individual reports will be kept conlidenuar as required by 213 wj APPENDIX G (EXECUTIVE ORDER 11246) REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY 41 CFR 60.4.2(a) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the Standard Federal Equal Employment Opportunity Construction Contract Specifications. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade can be obtained from the Department of Labor, Office of Federal Contract Compliance Programs. These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specification affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a). And its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The prime contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs, and Director of the Office of Small & Disadvantaged Businesses, EPA, within 10 working days of award of any construction subcontract in excess of b 10,000 at any tier for construction work under the contract resulting, from this solicitation. The notification shall list the following: 1. Name of contractor. 2. Address. 3. Telephone number. 4. Employer identification number. 5. Estimated dollar amount of subcontract. 6. Estimated starting and completion dates. 7. Geographical area in which the contract is to be performed; i.e., city, county, state, etc, 8. Copy of the tabulations of bids or offerors and the name of each offeror or bidder. WSJ 214 Send information to: Director Office of Federal Contract Compliance Programs Department of Labor 200 Constitutional Avenue Washington, DC 20210 Director Office of Small & Disadvantaged Businesses Crystal Mall 2 1921 Jefferson -Davis Hwy. Room 118 Arlington, VA 20460 The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations where the Contractor or its unions have employment opportunities available, and maintain a record of the organizations responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which -the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractors efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minority and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under b above. f. Disseminate the Contractor's EEO policy by -providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by 40 215 specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative actions obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on -site supervisory personnel such as Superintendents, General Foremen, etc; prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meeting, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to the discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractors recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignment and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non -segregated except that in separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 41 216 APPENDIX H EQUAL OPPORTUNITY CLAUSE 41 CFR 60-1.4(b) Federally Assisted Construction Contracts (Prime Contractors & Subcontractors) The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows- (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color religion, sex, or national origin, such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 42 217 (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) and (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency 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 vendor as a result of such direction by the administering agency the contractor may request the United States or enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions; Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant: and refer the case to the Department of Justice for appropriate legal proceedings. 43 218 APPENDIX I AFFIRMATIVE ACTION PROGRAM (a) Each non -construction prime contractor and subcontractor who has 50 or more employees and has a government contract of $50,000 or more must develop a written affirmative action compliance program for each of its establishments. A necessary prerequisite to the development of a satisfactory affirmative action program is the identification and analysis of problem areas inherent in minority employment and an evaluation of opportunities for utilization of minority group personnel. The contractor's program shall provide in detail for specific steps to guarantee equal employment opportunity keyed to the problems and needs of members of minority groups, including, when there are deficiencies, the development of specific goals and time tables for the prompt achievement of full and equal employment opportunity. Each contractor shall include in its affirmative action compliance program a table of jab classifications. This table should include but need not be limited to job titles, principal duties (and auxiliary duties, if any), rates of pay, and where more than one rate of any applied (because of length of time in the job or other factors), the applicable rates. The affirmative action compliance program shall be signed by an executive official of the contractor. (b) Utilization evaluation. The evaluation of utilization of minority group personnel shall include the following: (1) An analysis of minority group representation in all job categories. (2) An analysis of hiring practices for the past year, including recruitment sources and testing, to determine whether equal employment opportunity is being afforded in all job categories. (3) An analysis of upgrading, transfer and promotion for the past year to determine whether equal employment opportunity is being afforded. (c) Maintenance of programs. Within 120 days from the commencement of the contract, each contractor shall maintain a copy of separate affirmative action compliance programs for each establishment, including evaluations of utilization of minority group personnel and the job classification tables, at each local office responsible for the personnel matters of such establishment. An affirmative action compliance program shall be part of the manpower and training plans for each new establishment and shall be developed and made available prior to the staffing of such establishment. A report of the results of such program shall be compiled annually and the program shall be updated at that time. This information shall be made available to representatives of the Director upon request and the contractor's affirmative action program and the result it produces shall be evaluated as part of compliance review activities. 44 219 15904 rod" Rtgider / Vol. 73, No. W wadnwday. March 26. 300V Rulaa and Ragulationo smirch gudded the Cosa Guard in E=1 with rile 13atfonsd n tal Policy Act of 1W RIVA) (42 U,S.C. 4321-4a704. uYl bees CanchWad that theft are Oo factors in this case that would limit the use of a categodad wrcluetoel rnrdw atetiou 29.2 of the Laeaiicdon, therefore. thus rule to eategorlcally excluded, under tlgute 2-t. perxgrapb (341(g), of the trinni tica. tram hirtber.nvtroralxxutal doctnnantatio& Lhtdar figure 2-1, tub (a4) ). of the instruction, an Tiuu ' Analysts twit List'" and A "Categi lcal Vyu hmtm Determination- are not: required for this tvk bacwues It a wotus an amoryeocy dtustion of tom than t wdok in doradat, List of Stibjracts is 32 CFR Patt 166 Harbo", hfarine aatl tp, Navies ft" Nam). Rgxcdug and recordkeeptng ofgIdroasimis, socurity rnixtotn f, and Watatwayc. is For the reaeoasoli2ciuzedin the Gamhie. the Coot Goardamanda 33 R part Jos as follm": PART i-RECL&ATED NAVWAT10N AREAS AND LIMITED ACCESS AREAS ■ 1. riot awhtuiry citatlrlln kepart 166 continues to read as fotlows; Aatlr.ritryt as U.S.0 1220, 122 r; 461f.S.G chaptw 702; 32 U&C. lei, Igo; as C rR I.W-1, a,n$-i, s.o", and WOa: PUb. L 107-2", 1 r6 5W. load; Duposbasat of Horna7and Sarasitr rklq d— Na, 0170.1. to 2. Add tamporary* W&T01-0173to reed as ioilcrnu 1ai.T01-Qt73 =asKyZan:LarfawaW lvonts trsdrailg essaeesrka 00eptay, Ik7s106 Marbm, Mown, MA. W lacadon. The following area is a zone waken of Boston Harbor, tram ram*ou to baftom. witldu a hoer hundted (400) yard radius of the Oueworks laimc site based in Boston Herber at 9PPCQDdMQle P015id= 4V21'43" , o7i" 2'2e (b) Woca" DOfe, This rule is otfeadve ham 6;45 pm through oat p.m. cars March 2A. 2006, (al Dednitious. (1) Designated repremilativa roadas a Coast Girard Patrol Commaudur. inchudlag a Coast GuardcoxswtD_ petty offinar, or other OMCOC 9POKOdUg a Griot Guard Te3861 or a Vadmitl -it local oMctr claaipuated oe sainting the Ci plain of the (1) Rfansi (tl) fiWa Ions (%) In aorocdaswa with the gesnra! teguletlons In section 165,27 ofthls pwt entry Into 01 mvwonant within this zone by any peraou a teasel is Iohlbfled unless authorized b7 ilia of the port (09M. Boston oat tba ODTP's ed atwtstivo. (2 Th �� D closed to all vs east traMc. exarpt as may bo pcaa hied by the CWVor the CCTPP's ti ,td re ►eecafati rat. (a Vevial opeomdus dadringto $mar or coporato within the earf�ttTT zone mart contest tbo COTP or the COTP's dtcdgnated ram"nadse to oblda talon by calling that Sector Bacon Center at at7-22247d1. Vessel opeaaaks given powtimion to enter or opame In the sdsty, zone must all direafow� ggl1r�em to ha tbo C©TP of the GOTF's dmignated rr>fitwaeatiathve, 11tod: Mach 12. zoos. Gail F, ra w_h, CoptQi. U.S. Co art Guard, Capty oftbd Para. Somar.6araos. WR Slac. D -ails HUad 3-m-eel &4e —4 61. LAO COM srtsaa.c ENVIRONMENTAL. PROTECTION AGENCY 46 CFn Parts aft. 31, 33, 35. and 40 M 10 N . IPA-11t>-tJA-AOi2-06m: RK12a4-AA" Padidpaltion by Dfssad oanbpad Bua twea Ertuprjsas in Prvevrsew" Under limfiveunrsttsl protscOon Agency i) Firulaecial Asaiationce A"*CT. E nvironmeatal Pmaction Asonar Arnow. Firw tits, 6t/1 VARY. this action will Isemoaise EPA's 9nitutoa, Dtaadvamibg Business IlntatTuim puncursen tit objective$ with tba tad Stales Supprane CAort'a dart don in A datmuf CCV strucfiva, Ina. v. P"a, 516 U,S. 200 (10061, In that case, the Supreme Court winded maid Jtu3tcSa1 ss tilting to fadanl ptugrama that use r s d tl or ethnic crtterta as a basis be docition mall Rom dying diacdadnatiun is rec g aid as a coupe" gcvamment lntarait, and this nrie Is prowulgated on the undemanding that the statutory p:tirvlaiarls au l� Its adoption want ku&awd tar that d�remij: purpose, This elks sate tooth a tamowlq tailored SPA program to I oWva the compatline govacomont hntmot of mmes37i1ae plan and cwratrt racial dlsctttnlaalon [2 wldoDBEproctuemerat v� �EPA hnumds m awuats the prapri" of the DlssdvawagW Business Ente in7 Leans subfaqueatlp=r l Z n11e also ievisea EPA'$ Minafqq Buainoss Enrarprrec 04M andworrrtn's Business E11tar�erim ME) pm%ram and renames It FFA s Dlsadvantapa Bttdwis En (DUM program. EPA fo restiowiryt sxlatin® &MIK/W HE SPecific p viataewln requkdons for grants and =eau with tmstitt#fonc of higher on. hoopituls. and other non- profit orgardat1mv. and uniform admintauadvo rwqu ini nertin for grants and cooporadvoagromwrits to slats and local govermlents, state u1d local assistance, and resaarh and demoastssriat grunts. anti is cow olidatiug and adding to I h"a prav?ai«u in this new regulation. This title aPfoCtt o n# tents tinder EPA f riandal Assistance sgra 6111s. Mir rule � rot apply to diva Federal psaoa,rcarnsun act Cku, It you am a noatptoni of ant EYA finandal aasi starve agro nuat or an entity rec�an hdenlifhed loam undirr t asalsmnor agromncaut couitaliztmg a mroivitrg loan fund, this tutu may Anwl y°U- DATiir This final rule Is effective May 27, woe, AOOP96fa6;ta EPA hu o nabl abed a docket its this action under Docket ID Na EPA441-OA-2002-00ot. AlI doutnaws in the docket ate titled on the www nWtdarbnrgov Wob site, Although hated In tSe index, setae Information is art publiely xFallabls. e.g,. LBI or mule; information whoa* dr4c1coure Is resndctedby-matuts, Cartain odd material. such rm c dghiod moosial, la not lalnd on ths?nternet and will bt publicly available in had copy faun. Publicly k to docket materials, are wettable, althor oloctrocdwlly through WWW'rexubt noas.govor in hard copy at Ills HQ A DockN Canton EPA/DC, EPA Nest Prom 2234. l ao1 Cwsdmdoa Ave.. W, Wa©"ton. DC 20004, The Public Readi ppng Room is Mondayopenyttb Dt gh Friday. exchtdimg to hohdaya, The taioptlofao number for the Public Readi% Rwm is (2D2) sed- i uA, Wd the taiaptwne msnber for the Ok'fict Of ErtviroCOUXnal informadon is (ZOZI sac-vsZ, FOP FURYW 4 O FORMTmn CONTACT: Kimb Pattttf, At"Advlaor. OffiCa o due Adarirdatrtor. Galore of Small and DiwAvantaged Business Uduradon (t MBM by phow A (213zi S66-ZW5. by o�rludI at lure at RA2) S9a... 6,kinbsr : ar ,go+r,. f raa-waan Deputy l7ttector, Office of the F .06M by pbone at 45 220 Pt. 31 "R16#M to tnNwrrlons t.Cda by Na4woftt dr. ensAzaatiom and Satan 8ti 3mas Finm UsAar Covarnownt Grnnt3. Contralcts Amid Cooparai- Uve Agroamant-v ' and any "larnanting ragutudons iwgsad by EPA 4. Clams air ACt (tt U.S.G. 7401 at zq.) and tha Fadoral Watar Pollution Cora=d Act (33 U.S.G. 1231 at saq.). ea arurriad--Contracts and suES� of a nownis in WxVA% of 1100MO contain a provialCn that re- gWras the racdpdaTt to u+" tO comply with all apph"bla srasrdnrds. ordmrs or ragula- tiota l"rsid pursumit to tba Glaam Air Act (4z u.s C. 74111 atsaq.) sod the Fodard Wain Pcilutwo Control Act to arryatstiad (33 U.S.C. itSl or mg.). VUltsklons shad bas roportcd to the ctaglonal of kv of the Et Ar'ortxszgr W Protactlon, Agancy C$PA). 7. ESyrd Anti -Lobbying A.rr wi&nant (31 U. S.C. 1312)--Gontractory who apply or bid for en awmni of mxara than lia 'aw shall Flla tko mqufrad camiflcartiaa. each War outLhas to the tier above that it will not and tars not uand Fadartd approprmtod funds to pay =' parson or orepraza;tIon for laflLwG dog or at- tan4xine to influonca an offlcar or runpi" of any apney. a Meant" of Car.Wass, aB"icar or amployea of congraaa, or an tanployea of a rnwri+r of Cawass to connection with ds- tslrang any FadwW cccatroct. grart oa a.uy other award CaVUod by 31 U.S.C. 1t12, Each tsar shalt aiso dlvcloso any laibbytag with ran-Fadaral rundts that takes placa in con- awcs:don vMJt obta"ng any Fadcral no. such disdonw= are forw^atcfod from t a- to ti4r up to the rncipLam, [01 FR AQ/, Fes. 13. Im. m aawniad at 7I FR 3W, Jars, lf. 20971 PART 31--UNIFORM ADMINISTRA- TIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREE- WNTS TO STATE AND LOCAL GOVHZl+IMENTS 96C 31.1 Purpo" and scupa of dris part_ 312 Scapa of subpwt. 31's 00awtiam, 31 3 E f%c [ 31.3 p�•� ar atbar in"mc as US A&httorw and occaptiam 31.10 Forrin for apptydgg ro groats. wil State plain. 31.12 Spacial Brunt or subg m*- cotaht3oa4 foci •'Mgh-risk°' gays. 31.13 Prineipasl anvirumumW statutory proYtotons 4rpptl4abd4 to EPA aaiwraaaa o wat*t 40 CFR Ch 1 Q-1-47 WN090 t C-FOO'Avnord bglin1r14w1t>E MANUAL A1710M3TRAr113if 33 20 stasrdendo for f3morsat tatoaeirnam sys"Km 3121 312I Casts. 3123 Paned afanrklabtility of fursdo. 1124 msodww or Cost sh". 3122 Prvgrwi tccama n 2a mm Fadaral audst. 1130 Ghargaa 31-M Baal proparty. 31 AZ 9grdpesaxt. 31 M suppitaa 31 M G u, 31.35 S rer►ardet to dotard and umpended P�aa. 3130 Pmcur=A iL. 31.i17 Sratsgrmts_ 3138 Ind = Satf Data-minattaa Act nr ys•vr_ - � �• w 31.40 WocAtming and rspm" progr-am parfortnanco. 31.41 Financlal rwort". 31.4E Ratat eon avid &ccaas rQTdran a m &ir ratords. n.4s zn1broaasyaart. 31," To7atnedoo for c0wvv 1wx& 34.43 Quahty aasutataoe. **pat a—Anw4ttt4t�tttl frqulrl nW" 31.30 Clostrout 3131 Litar dimsllowwwM and adpMemarsts. ]III Ca necum atat Klusts dua. $Utpotrt E- 4rdlOnMM [%#W"dl l agent F--Ohpu" 31.70 Vlsputm, ADPEMAx A M PART 31—AlECT REQIRiE- ImENTS Flat STATE AND LOCAL CDNEfP1- A11MDRUT: 33 U.S.C. IMI of seq.: 42 U.S.C. 741 at saq.: 42 U.S.C, 6041 atsaq.: 42 U.S.C_ 317of at: stiq.: 7 U.S.C. 136 at soq.: 13 U.S.C. 2601 at seq.: 42 U.S.C. W1 or x1,: ao U.S.C. 4011 at seq.: 33 U.S.C. mat sqe SWAM n FR 20", Iasi. Mar. 11. 120. m- low otharwrisa notad- Subpal A—Gomrd 121.1 Purpose atmd ■eqm otf rlai■ part This prat ewtablishm uniform admin- istrative rules for Federal gratsm atad coopwative agreements and subarwards 374 Prospective bidders acknowledge and are responsible for obtaining a complete copy of 40 CFR Part 31 from the internet (see link below). http : /./ ecfr. gpo acces s.o v/ cgi/t/tex t/text- idx?c=ecfr;sid=88e89f279d7c846f4231208c3827a3ee;r =div5:view-=text;node_40%3A1.0.1.2. 29;idno-40;cc=ecfr — 46 221 NON -COLLUSION DECLARATION COTTONWOOD DRAINAGE IMPROVEMENTS I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: That the undersigned person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. 47 222 BIDDER IDENTIFICATION The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Firm Name: Address: _ _ � �^�1an Telephone:, Contractor's WA Registration Number: !- [ 061—, T lZ ff Contractor's WA UBl Number: .( Z3 D Contractor's WA Employment Security Department Number: Contractor's WA Excise Tax Registration Number: 12 The Firm submitting this proposal is a: Sole Proprietorship Partnership Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. 223 BID PROPOSAL SIGNATURE AND ADDENDUM ACKNOWLEDGMENT The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions for this project. CASHIER'S CHECK ❑ IN THE AMOUNT OF CASH ❑ DOLLARS CERTIFIED CHECK ❑ ($ ) PAYABLE TO WHATCOM COUNTY SURETY BOND sa�' IN THE AMOUNT OF 5% OF THE BID. Receipt is hereby acknowledged by addendum(s) No.(s) , & SIGNATURE OF AUTHORIZED OF'FICfIAL(S) (PROPOSAL MUST BE SIGNED) kmxm �V) (Seal) FIRM NAME; LP A Awka'�14teIf STATE OF WASHINGTON } ) ss. COUNTY OF WHATCOM ) On this W-t day of, VOA Jam 2013, before me personally appeared 1 to me personally known to be the person described in and who ed >I instrument and who acknowl—Oged to me the act of signing thereof . *AV 'N�TARP N U LIC, in and for the ....r- pu®`,` �•.'�: tate of Was ington, residing at: 0 oez&l, My Commission Expires;—twt �,�,�, so ..-- This ..�' hsferable firm's hereon prop;* and any alteration of the name entered without prior permissio, at€ om, County will be cause for considering the proposal irregular and for subsequent rejection of the bid. 49 224 SIMILAR PROJECT'S REFERENCE FORM The name of the Agency or Client for which the project was performed, including the address, phone number the name of the project manager: Project Name: _� t ve, �c� h r � T_r�, ���� Er, ij+5 1 to e� T hvi Ws Agency or Client: h ra J c c m C n cLn j:4 _ Pub I 1�-, two rr4_ Project Manager's Name: i r y C h r; N +,p n s er,— Address: a h �5 Phone Number: 3 6 0 — 7 — 1 1+e Project Name: &r'Ct, P,CA, wL-A-+ergk-e L Dci2iInage, J:numveo,ent-5; Charms 7--:-,Olt CC Agency or Client: W k oo Cam Cords y Q,_idj, ',`r c- worl�S Project Manager's Name: Kro f q Address: D- Wi, c�� cd'a ( S`t, ;, I i'n V 0 2 S� Phone Number: Project Name: L_ h- } ct -ems m Agency or Client:_ v6ch c{ + r e rn Cuo Project Manager's Name: KI r,�s�~�in� Pv� Address: D IV . C Phone Number: '7 c F S 51 225 WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2 012-422B CLEARANCES Initial Date Date Received in Council Of ce Agenda Date Assigned to: Finance and Originator: ME 5121113 5121113 6118113 Council Division Head: 5121113 Dept. Head: DBD Prosecutor: Knf 5116113 Purchasing/Budget: We 5121113 Executive: TITLE OF DOCUMENT.• Amendment No. 2 to Whatcom County Contract No. 201212020 (Contract Between Whatcom County and Van Ness Feldman GordonDerr, Attorneys at Law) ATTACHMENTS: Amendment #2 SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This is an amendment to Whatcom County Contract No. 201212020, the contract for legal representation by Van Ness Feldman GordonDerr, Attorneys at Law, to increase the maximum consideration by $40,000.00, for a total contract amount not to exceed $90,000.00. COMMITTEE ACTION: COUNCIL ACTION: 6118113: 6118113: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 201212020 AB2012-422 and 422A Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatconz.wa.us/council. 226 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 201212020-2 Originating Department: Whatcom County Council Contract Administrator: Whatcom County Prosecutor Contractor's I Agency Name: Van Ness Feldman GordonDerr, Attorneys at Law Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No _X_ Yes X No If yes, previous number(s): 201212020 Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes _ No X 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 orm If yes, indicate qualified exclusion(s) below: Contract less than $100,000. _X Professional services agreement for certified/licensed professional Work is for less than 120 days Contract for Commercial off the shelf items (COTS) Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $ 50, 000.00 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ 40, 000.00 greater, must also go to Council and will need an agenda bill and Total Amended Amount: supporting memo. If less than these thresholds, just submit to $90,000.00 Executive with supporting memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] The Contractor shall represent Whatcom County and assist in the preparation of its legal defense of Ordinance No. 2012- 032 in Growth Management Hearings Board case number 12-2-0013. Tasks include briefing and argument at the upcoming hearing on the merits. To the extent any of the issues raised in case number 12-2-0013 are addressed in the Board's compliance order in case number 11-2-00120c, Contractor's scope of work will additionally include assisting the County in the preparation of its legal defense on those issues in case number 11-2-0010c. In addition, the Contractor shall represent Whatcom County and assist in the appeals of Growth Management hearings Boards case no. 11-2-0010c. Term of Contract: One Year I Expiration Date:12114113 Contract Routing SteDS & Signoff' [sign or initiall [indicate date transmitted 1. Prepared by: KNF Date 5116113 [electronic] 2. Attorney reviewed: KNF Date 5116/13 [electronic] 3. AS Finance reviewedT mdc Date 5121113 [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 [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 227 Whatcom County Contract No. 201212020-2 Amendment No. 2 Whatcom County Contract No. 201212020 CONTRACT BETWEEN WHATCOM COUNTY AND Van Ness Feldman GordonDerr, Attorneys at Law THIS AMENDMENT is to the Contract between Whatcom County and Van Ness Feldman GordonDerr, Attorneys at Law, dated December 10, 2012 and designated "Whatcom County Contract No.201212020." In consideration of the mutual benefits to be derived, the parties agree to the following: This amendment amends the Compensation, Exhibit B as follows: The maximum consideration for this agreement shall be increased by $40,000.00, for a total contract amount not to exceed $90,000.00. Unless specifically amended by this or prior amendments, all terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect: June 18, 2013, regardless of the date of signature. IN WITNESS WHEREOF, Whatcom County and Van Ness Feldman GordonDerr, Attorneys at Law have executed this Amendment on the date and year below written. DATED this ey at day of , 2013. STATE OF WASHINGTON ) ) SS. COUNTY OF WHATCOM ) On thisday of 2013, before me personally appeared lk� IA4pr to me known to be the Managing Partner of kan Ness Feldman GordonDerr, Attorneys at Law, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. 0 PIIBI_IC in and for the State of Washington, t �l oT� residin t% r••.a�qm My commission expires .WAS %k 228 WHATCOM COUNTY: Approv as to form: 13 rosecuting Attorney Date Approved: Accepted for Whatcom County: -31 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: CONTRACTOR Van Ness Feldman GordonDerr, Attorneys at Law 719 Second Avenue, Suite 1150 Seattle, WA 98104-1728 Contact Name: Jay Derr Contact Phone: 206-623-9372 Contact FAX: 206-623-4986 Contact Email: jpd@vnf.com 229 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-218 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 6/n ?/13 Finance. Council Division Head. Dept. Head: MGM 5120113 U 1 Prosecutor: fj13 �6ViplOfCOUNTY Purchasing/Budget: COUNCIL. Executive: 1 6 1B ®O4 3 TITLE OFDCU T. Amendment #I- Whatcom County Contract No. 201109006 Contract Between Whatcom County a d Opportunity Council Inc. ATTACHMENTS: Amendment #1 SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes (X) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Request approval ofAmendment #1 to allow the Opportunity Council to apply lease, rent and user fees from the operation of the East Whatcom Regional Resource Center to the purchase of need ed equipment, materials and programming at the center. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 201109006 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. 230 WHATCOM COUNTY PARKS & RECREATION DEPT. 3373 Mt. Baker Highway Bellingham WA 98226 TO: FROM: RE: DATE: MEMORANDUM Jack Louws, County Executive Michael McFarlane, Director k� Michael McFarlane Director f� m R "'.1"VED ECIm UK LOUWS- Amendment to Opportunity Council Lease for Operation of the East Whatcom Regional Resource Center Contract No. 201109006 May 201h, 2013 Enclosed are two (2) originals of a lease amendment between Whatcom County and the Opportunity Council Inc. for your review and signature. ■ Background and Purpose In 2011, the County entered into a lease agreement with the Opportunity Council to operate the East Whatcom Regional Resource Center. Under the terms of the current agreement, rentals fees from third parties are applied to the operational expenses of the facility. The Opportunity Council proposes changing the lease agreement allowing the agency to retain the balance of lease payments and rent revenues not utilized for operation and maintenance expenses at the East Whatcom Regional Resource Center and to deposited them in a facility reserve fund which will be used to purchase equipment and provide additional services at the center. The East Whatcom Regional Resource Center continues to see increased use and at -the same time the use is limited due to lack of kitchen equipment, conferencing equipment such as projectors, tables and chairs. The East Whatcom Community Council is undertaking fundraising efforts but at this time has very limited funds. Opportunity Council has committed over $40,000 in 2013 to staff the resource center. The flexibility in the use of lease, rent and user fees would help maximize the Opportunity Council's investment and help them attract more users increasing revenues. The proposed change incentivizes the leasing and renting of space and keeping operation and maintenance costs low. The change in lease structure and potential retention of lease, rent and user fees would make funds available to help outfit the resource center with the equipment necessary to attract additional users and build capacity at the center including delivery of services. ■ Funding Amount and Source This amendment would not change the current not to exceed annual budget of $98,700. 231 ■ Differences from Previous Contract The amendment would allow rental fees collected by the Opportunity Council to be used to purchase equipment and programming services for the East Whatcom Regional Resource Center. Currently these fees are applied towards the operational and maintenance costs of the facility. Under the amendment, as long as the budget is not exceeded these fees would be applied towards other costs for needed equipment and services at the center Please contact Michael McFarlane at extension 32072, if you have any questions or concerns regarding the terms of this agreement. Encl. 232 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ,qOlI(Dg0� Originating Department: Parks & Recreation Contract Administrator.• Michael McFarlane Contractor's /Agency Name: Opportunity Council Inc. 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 numher(s): 201109006 Is this a grant agreement? Yes No X If yes, grantor agency contract numher(s) CFDA number Is this contract grant funded? Yes — No X If yes, associated Whatcom County grant contract numher(s) Is this contract the result of a RFP or Bid process? Contract Yes No If yes, RFP and Bid numher(s) Cost Center: Is this contract excluded from E-Verify? No _ Yes If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: Contract less than $100,000. _ Professional services agreement for certified/licensed professional Work is for less than 120 days _ Contract for Commercial off the shelf items (COTS) Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a and any prior amendments) Bid is more than $35, 000, please submit an Agenda Bill for $ 98, 700.00 annually Council approval and a supporting memo. Any amendment that This Amendment Amount: provides either a 10% increase in amount or more than $10, 000, $ N/A whichever is greater, must also go to Council and will need an Total Amended Amount: agenda bill and supporting memo. If less than these thresholds, $ N/A just submit to Executive with supporting memo for approval. Scope of Services: Opportunity Council proposes changing the lease agreement allowing the agency to retain the balance of lease payments and rent revenues not utilized to operate and maintain the East Whatcom Regional Resource Center. The East Whatcom Regional Resource Center continues to see increased use and at the same time the use is limited due to lack of kitchen equipment, conferencing equipment such as projectors, tables and chairs. The East Whatcom Community Council is undertaking fundraising efforts but at this time has very limited funds. Opportunity Council has committed over $40,000 in 2013 to staff the resource center. The flexibility in the use of lease, rent and user fees would help maximize the Opportunity Council's investment and help them attract more users increasing revenue. The proposed change incentivizes the leasing and renting of space and keeping operation and maintenance costs low. The change in lease structure and potential retention of lease, rent and user fees could make funds available to help outfit the resource center with the equipment necessary to attract additional users and build capacity at the center including delivery of services. Term of Contract: 5 years Expiration Date: 9130116 233 Contract Routing Steps & Signoff /•sijen or initial7 (indicate date transmitted 1. Prepared by: MGM Date_5120113 [electronic] 2. Attorney reviewed "P, Date f [electronic] 3. AS Finance reviewed: Date, jelectronic] ' 4. IT reviewed if IT related �,r' , Date [electronic] S. Corrections made: Date electronic] hard copy printed 6. Attorney signoff iy�,ri Date 7. Contractor signed- / Date !rh 3 l 8. Submitted to Exec Office y Date j summary via electronic; hardcopies] 9. Council approved (f 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 234 CO Whatcom County Contract No. -) 01 / 0 q -w) 4- s 1 Amendment No. 1 — Whatcom County Contract No. 201109006 CONTRACT BETWEEN WHATCOM COUNTY AND OPPORTUNITY COUNCIL INC. THIS AMENDMENT is to the Contract between Whatcom County and the Opportunity Council Inc, dated October 1st 2011 and designated "Whatcom County Contract No.201109006 ". In consideration of the mutual benefits to be derived, the parties agree to the following: This amendment modifies paragraphs 2.3, 2.4, 2.5 and adds paragraphs 2.6 and 2.7 of the current lease agreement pertaining to the application of rental fees as identified in Exhibit "A". Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect: 1/1/13 , regardless of the date of signature. IN WITNESS WHEREOF, Whatcom County and the Opportunity Council Inc. have executed this Amendment on the date and year below written. DATED this 13 day of Zvld, 2013. CONTRACTOR: NTRACTOR NAME, TITLE STATE OF WASHINGTON � A � a COUNTY OF WHATCOM j ss. c olt)On thi,- ay 2013, before me personally appeare $ to me known to be the p f of the and who executed a above instrument and who acknowledged to me the act of signing and seaing thereof 50RO XP s0 09 OTARY PUBLJC in and for the State of Washington, re .> . My commission expires 70 0 235 WHATCOM COUNTY: Appro d as to form: rosecuting Attorney Date Approved: Accepted for Whatcom County: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) SS COUNTY OF WHATCOM ) On this day of , 20 , before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. CONTRACTOR INFORMATION: OPPORTUNITY COUNCIL INC. 1111 Cornwall Avenue , Suite C Bellingham WA 98225 David W. Finet, Executive Director PHONE: (360) 734-5121 FAX: (360) 671-0541 NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires 236 EXHIBIT "A" 2.3 ReRt: The L 6 the Lessee will pay a monthly FeRtal rate for the 14eadstaFt GlaSsreern and e fees Mil be applied tewwds opsm#eR and get to FIG MOM than $98400 Y-ear Ghent 2041: $15 000/year 22012: $1�0iyea^ 201-4: To he Bete Rained following review f acts by Lessor Lessee TV'I�i CIGiGTI nTTTGV-(VRIITTITfg rGTTG'TY yr Oc�T7"'pTl.-r�.7GT--GZl-1'CT TO�cc 2.4 , a�tien tlaai is a4iged w'needs a# the- twit eta t I d teFminated e Change to: 2.3 Rent: The Lessee will contribute $1,250 per month rent for Head Start classrooms and other agency programming into the Facility Reserve Fund identified in section 2.6 below. 2.4 Sub -Lease: Lessee may sublet any portion of the leased facility, subject to the terms of this agreement, to an organization that is aligned with the mission of Whatcom County and is established to serve the needs of the community. The Opportunity Council will notify lessor within 30 days of all new, renewed, and terminated sub lease agreements 2.5 Facility Use Fees: The Lessee will coordinate the short-term use of the facility and collection of related fees based on the existing fee schedule. 2.6 Facility Reserve Fund: The Lessee will maintain a Facility Reserve Fund. The Lessee will report monthly deposits, outlay and the balance of the fund. Rents paid pursuant to section 2.3 will be deposited to the fund. All rent form subleases as provided in section 2.4 and all user fees as provided in section 2.5 will be deposited into the fund. The fund may be used for the following costs. 1) Operation and maintenance expenses to the extent these expenses exceed the annual budget of $98,000. 2) Purchase of goods and materials to furnish the facility, equip the kitchen, and improve access to technology. 3) To provide services at the facility. No expenditures shall be made from the fund for items 2 and 3 unless the Lessee is reasonably certain there is an adequate balance in the fund to cover any expenses pursuant to item 1. Any furnishings or equipment purchased with the Facility Reserve Fund shall be for the exclusive use and benefit of the East Whatcom Regional Resource Center and related activities. At termination of the lease the Lessee shall remit any unexpended balance of the Facility Reserve Fund to the Lessor. 2.7 Condition of Premises: Renumbered only. All conditions remain the same as on inal 2.5 237 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-219 CLEARANCES Initial Date Date Received in Council Office A enda Date Assi ned to: Originator: pi 5/2/13 ��'�' II � C_) ff:;' � f. �r- �0 6/18/13 in. /Council Division Head: ��� JUN 1 1 2013 VV RI Me 0 M o a g-r y Dept. Head: 5 al ( Prosecutor: d1g 1 05121173 Purchasing/Budget: 5/21/13 COUNCIL Executive: Z 4 / 1 a 11,3 TITLE OF DOCU Contract between Whatcom County and Cascade Vocational Services ATTACHMENTS: 1. Contract Info Sheet 2. Memo to Executive 3. 2 Originals of Contract Agreement SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible adults with developmental disabilities. Pathways to Employment services are services designed to assist individuals with developmental disabilities to pursue and maintain paid employment in community settings. Community Access Services are designed to assist individuals to participate in activities, events, and organizations in the community in ways similar to other adults of retirement age without disabilities. Through this program in 2012 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. Total compensation under this contract will vary depending on the number of clients and the types of services authorized, however the estimated authorized service level is $741,899.00 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. 238 WHATCOM COUNTY HEALTH DEPT. 509 Girard St. Bellingham, WA 98225 MEMORANDUM TO: Jack Louws, County Executive FROM: Regina A. Delahunt, Director Regina A. Delahunt Director C D E AIN 3 ­ 2013 EX ,.,UTIVE RE: Cascade Vocational Services, New Contract for Services to Individuals with Developmental Disabilities DATE: May 30, 2013 Enclosed are two (2) originals of contract between Whatcom County and Cascade Vocational Services for your review and signature. ■ Background and Purpose The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Ernployrrient services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase independence and inclusion in the community. In 2012 an average of 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. ■ Funding Amount and Source The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. Funding includes state dollars and federal Medicaid match. Total compensation under this contract will vary depending on the number of clients and the types of services authorized, however the estimated authorized service level is $741,899. County Council approval is required and an Agenda Bill is attached. ■ Differences from Previous Contract This is a new contract being issued pursuant to RFQ #13-25. Please contact Jessica Lee at extension 32014, if you have any questions or concerns regarding the terms of this agreement. Encl. 239 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Health Contract Administrator: Jessica Lee Contractor's / Agency Name: Cascade Vocational Services 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 X No If yes, associated Whatcom County grant contract number(s) TBD (DSHS/DDD Revenue Contract in Process) Is this contract the result of a RFP or Bid process? Contract Yes X No If yes, RFP and Bid number(s) # 13-25 Cost Center: 673800_ 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 $ varies depending on number ofclients and 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 types ofservices authorized agenda bill and supporting memo. If less than these thresholds, just submit to This Amendment Amount: Executive with supporting memo for approval. Total Amended Amount: Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase the individual's independence and inclusion in the community. Term of Contract: 7/1/2013 — 6/30/2014 1 Expiration Date: 6/30/14 Contract Routing Steps & Signoff. [sign or initial] (indicate date transmitted] 1. Prepared by: pi Date 5/2/13 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date 05121113 [electronic] 3. AS Finance reviewed: mdc Date_5/21/13 [electronic] 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff: Daniel L. Gibson Date 05/21 /13 7. Contractor signed: Date 5-- 29•-J.3 8. Submitted to Exec Office Date ,3-/ [summary via electronic; hardcopies] Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original Returned to dept; Date 13. County Original to Council Date 240 q , Whatcom County Contract No. CONTRACT FOR SERVICES / 0 G 0 0 Employment Services Cascade Vocational Services, 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 14 Exhibit B (Compensation), pp. 15 to 17 Exhibit C (Certificate of Insurance), p. 18 , Exhibit D (Assignment of Medicaid Billing Rights), p. 19 , Exhibit E (E-Verify Declaration), p. 19 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 1s' day of July, 2013, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30th day of June, 2014. The general purpose or objective of this Agreement is to: provide employment or retirement services to individuals with developmental disabilities, 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 will vary, depending upon the number of clients authorized for service by the Washington State Department of Social and Health Services, Division of Developmental Disabilities. 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 aay of VA, 2013. CONTRACTOR: Cascade Vocational Services (Type i ame & Title of Signatory) STATE OF WASHINGTON ss. COUNTY n this day of 2013, before me personally,apl; eared '& known to be the ° ititle) of (Co any) and who executed the dtaove,i trument and who ac no edged to me the act of signfi,6 and sealing thereof. -NOTARY PUBLIC in and for the State of Washington, residing at (� ® �; ® \ A 'i.1 My commission expires 1211 �A V. ® R�13L\r co•. ®F WA _ HL 070113 Cascade Vocational Services-Adult_DD_Services Page 1 241 WHATCOM COUNTY: ReFommended fear. Approval: Anne Deacon, Human Services Manager 3 DAte Reg . Delahunt, Department Director Date Ap rov d as to form: t Eli abeth L. Gallery, Deputy Prosecuting Afrney Dat 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 Cascade Vocational Services 1611 N. State St. Bellingham, WA 98225 Contact: Kristin Nguyen, Program Director Phone:360-647-9087 Email: knguyen@ccssite.org HL_070113_Cascade Vocational Services-Adult_DD_Services Page 2 242 GENERAL CONDITIONS Series 00-09: Provisions Related to Nature and Purpose of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to 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 four years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. HL 070113 Cascade Vocational Services-Adult_DD Services Page 3 243 Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39,12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. HL_070113_Cascade Vocational Services -Adult DD_Services Page 4 244 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 Confidentialitv: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory. a. Professional Liability - $1,000,000 per occurrence: If the professional liability insurance is a claims made policy, and should the contractor discontinue coverage either during the term of this contract or within three years of completion, the contractor agrees to purchase tail coverage for a minimum of three years from the completion date of this contract or any amendment to this contract. Professional Liability - $1,000,000 per occurrence 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: HL_070113_Cascade Vocational Services-Adult_DD_Services Page 5 245 The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees, It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification, Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37,1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this HL_070113_Cascade Vocational Services -Adult DD Services Page 6 246 Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Jessica Lee, Developmental Disabilities Program Specialist Whatcom County Health Department 509 Girard Street Bellingham, WA 98225 (360) 676-6724 ext.#32014 jllee0co.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: The Contractor further certifies, by executing this contract, that neither it nor its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" is available to research this information at http://epls.arnet.gov/. 38.3 E-Verify: 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 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. HL_070113 Cascade Vocational Services -Adult DD_Services Page 7 247 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 070113_Cascade Vocational Services -Adult DD_Services Page 8 W- EXHIBIT "A" (SCOPE OF WORK) I. Background The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services assist working age adults pursue and maintain paid employment in integrated community settings. Community Access Services increase independence and inclusion in the community for those in retirement or no longer seeking employment, All services are individualized to reflect the individual's interests, strengths, gifts, talents, and service goals. This contract reflects the community values and goals of the Whatcom County Developmental Disabilities Advisory Board, the Whatcom County Developmental Disabilities program, the Washington Department of Social and Health Services (DSHS) work order for the current biennium and the County Guidelines published by DSHS and available at http://www.dshs.wa.gov/pdf/adsa/ddd/c guidelines,pdf. II. Service Types The contractor has applied for and been accepted as a qualified provider for the services indicated, below. 0 Individual Supported Employment 0 Group Supported Employment ❑ Community Access These services are defined in the table below, based on the definitions found in the DSHS/ Budgeting, Accounting, and Reporting System (BARS). HL_070113_Cascade Vocational Services -Adult —DID —Services Page 9 249 Service T_yr Individual Supported Employment (BARS 568.64) Group Supported Employment (BARS 568.62) Community Access Services (BARS 568.67) Service ■ These services are part of an individual's pathway to integrated employment in typical community jobs. ■ These are individualized services necessary to help persons with developmental disabilities obtain and continue integrated employment at or above the state's minimum wage in the general workforce. ■ These services may include intake, discovery, assessment, job preparation, job marketing, job supports, recordkeeping and on -going support to maintain a job. ■ These services are part of an individual's pathway to integrated employment in typical community jobs. ■ These services are intended to be short term and offer ongoing supervised employment for groups of no more than eight (8) workers with disabilities in the same setting. ■ The service outcome of GSE is sustained paid employment leading to further career development in integrated employment at or above minimum wage. ■ Examples include enclaves, mobile crew and other business models employing small groups of workers with disabilities in integrated employment in community • These individualized services are provided in typical integrated community settings for individuals in retirement. ■ Services will promote individualized skill development; independent living and community integration for person's to learn how to actively and independently engage in their local community. ■ Activities will provide opportunity to develop relationships and to learn, practice and apply skills that result in greater independence and community inclusion. ■ These services may be authorized instead of employment support for working age individuals who have received nine months of employment support, have not found a job and decide not to continue looking for work. HL 070113_Cascade Vocational Services -Adult DID Services ■ Establish employment opportunities for participants in local businesses on a one-person/one-job basis, self-employment, or other paid work options regardless of the level of disability ■ Develop relationships with and support from co- workers without disabilities (i.e. Natural supports) ■ Earn sufficient wages to increase self-sufficiency and meet or exceed living expenses (i.e. earning a living wage) ■ Develop job and life skills necessary to lead a more independent life ■ Make measurable progress toward the individual's ■ Establish supervised employment and training opportunities for small groups of participants within local business, industry and community settings. ■ Develop relationships with and support from co- workers without disabilities (i.e. Natural supports) ■ Earn sufficient wages to increase self-sufficiency and meet or exceed living expenses (i.e. earning a living wage) ■ Develop job and life skills necessary to lead a more independent life ■ Make measurable progress toward the individual's employment goals ■ Participation in integrated community activities of clients' choice similar to individuals without disabilities of the same age. ■ Membership/leadership in local community clubs and associations based on interest and culture ■ Foster connections between persons with disabilities and persons without disabilities who are not paid developmental disabilities staff ■ Enhance or maintain the persons' competence, integration, physical or mental skill. Page 10 250 III. Statement of Work The Contractor will develop an individualized service plan for each client based on his or her interests, skills and abilities. Support will be provided as defined below to make measureable progress toward the client's service goals as outlined in the plan. A. Client support "Support" provided in the implementation of client services, as referenced herein, is defined as staff time spent on behalf of the program client to achieve community employment or access goals. In addition to those activities specifically outlined within the billable activities, below, "support" when used within a definition typically refers to one of the three following activities: Monitoring of client employment or community access activities (e.g., ensuring safety, quality etc.); Providing verbal or physical reminders or prompts for the client to successfully complete or engage in employment or community access activities; or Providing partial or total 1:1 physical assistance to allow the client to successfully complete or engage in employment or community access activities. B. Pathway to Employment Billable Support Activities Pathway to Employment includes both Individual Employment (IE) and Group Supported Employment (GSE). Billable support activities for Pathway to Employment services are found on the Washington State Department of Social & Health Services Developmental Disabilities Administration (DSHS/DDA) website, and may be amended or updated with prior notification by the County without a contract amendment. http://www.dshs.wa.qov/Ddfladsa/ddd/C0%20%20Employment%20 Phases%20and%2pBi liable°/820Activities.pdf C. Community Access Billable Support Activities Billable support activities for Community Access services are found on the DSHS/DDA website, and may be amended or updated with prior notification by the County without a contract amendment. http://www.dshs.wa.gov/pdf/adsa/ddd/CO%20%20Community%20Access%206illable%20Activities, pdf D. Individualized Plan for Services The Contractor is required to have a written, individualized service plan for each client, completed within 60 days of County authorization. This individual plan is meant to be the "driver" or basis for support services delivered by the Contractor. The individual plan must be updated and reviewed at least annually by the planning team, as described below. The individual plan requires the development of a planning team including the client, client's guardian when applicable, DSHS/DDA Case Resource Manager, and others identified by the client to provide input. At a minimum, the DSHS/DDA Case Resource Manager and the individual/guardian will receive a copy of the completed plan. Other members of the planning team may request a copy with the client's permission. Required elements of both Pathways to Employment and Community Access plans are outlined in the County Program Implementation Guide, referenced in Section VII. HL_070113_Cascade Vocational Services-Adult_DD_Services Page 11 251 E. Progress Updates For all clients, the Contractor shall document measureable progress toward achieving the individual's service goals every 6 months in a format approved by the County. Six (6) month progress updates must be sent to the DSHS/DDA Case Resource Manager and the clien,vguardian. If clients receiving Individual Employment or Group Supported Employment services have not obtained paid employment at minimum wage or better within six (6) months the contractor will: • Review the progress toward service goals ■ Provide evidence of consultation with the family/client ■ Develop additional strategies with the family/client, county staff, employment support staff and case manager as appropriate. Strategies may include technical assistance, changing to a new provider and/or additional resources as needed to support employment goals. ■ Document the additional/new strategies developed for each client with the client's file, If after 12 months the client remains unemployed, an additional review will be conducted. The Contractor will address steps outlined in the previous six month progress report in the next 6 month progress report. The client may request to participate in Community Access activities or the client can choose to remain in an employment program. Individuals requesting to participate in Community Access activities will be referred to his/her DSHS/DDA Case Resource Manager, V. Service Requirements A. All Services will: 1. Be individualized and unique to the client's Individualized Pathway to Employment or Community Access Plan. 2. Ensure continued movement toward inclusive settings, integration and connection with others in the community without disabilities. 3. Provide supports in a variety of settings and in a broad range of activities that will contribute to his/her individual service goals. 4. Provide staff and training interventions at appropriate levels to safely and effectively meet the needs of the clients. 5. Promote independence through skill development and training, including the effective use of public transportation. 6, Implement curriculum, work activities, routines, and other materials used to facilitate learning that are relevant to the age and individual needs of each client. 7. Emphasize the development of natural community supports for clients, in conjunction with, but not an over- reliance on, public funds. Natural supports are those provided by individuals in the work or community environment who are not paid to support the client. 8. Demonstrate measurable progress toward achieving the client's individualized service goals. 9. Include at minimum monthly contact by the contractor. 10, Provide support to the client at a service level proposed by the Contractor, approved by the County and authorized by the DSHS/DDA Case Resource Manager. Service levels will be authorized in accordance with: • Washington Administrative Code (WAC) 388-828-9325 through 9360 for Employment Services HL 070113_Cascade Vocational Services-Adult_DD_Services Page 12 252 ■ Washington Administrative Code (WAC) WAC 388-828-9300 through 9310 for Community Access Services ■ County Implementation Guide for Employment and Community Access Services B. All Employment Services will: 1. Emphasize maximum integration with co-workers without disabilities. All efforts will be made to promote employer responsibility for workers with disabilities, including exploration of direct employment of clients by the business/industry in Group Supported Employment. 2. Ensure that pay for work performed is commensurate with pay to other employees doing the same type and amount of work. 3. Ensure that all individuals, regardless of their disability, are provided the opportunity to pursue employment. Some participants may need more support than others and may spend a significant amount of time in activities that will prepare the participant for future community employment. C. Group Supported Employment (GSE) will: 1. Ensure paid work/paid training is available for all clients authorized for these services. In the event that contracted work is no longer available or insufficient to maintain a GSE work site, the provider is expected to notify the County to determine appropriate next steps related to client authorization. 2. Ensure compensation in accordance with applicable federal and state laws and regulation. This includes, but is not limited to section 14 (C) of the Federal Fair Labor Standards Act (FLSA), RCW 39.12,022 and WAC 299-127-400 through 407 related to payment of sub -prevailing wage. 3. Work towards establishing permanent integrated employment at or above minimum wage. D. Community Access Services will: 1. Focus on activities that are typically experienced by the general public. Support to participate in segregated activities and/or specialized activities will not be reimbursed. Segregated and specialized activities are those which are organized and designed for individuals based on their disability. 2. Not be provided simultaneously with employment services. 3. Ensure health and safety, positive image and relationships in the community, increased competence and individualized skill -building, and other expected benefits of Community Access. Services will occur individually or in a group of no more than 2 or 3 individuals with similar interest and needs. 4. Allow a client to discontinue services in order pursue work and to receive employment support at any time. VII. Program Implementation Requirements The Developmental Disabilities Program Implementation Guide, Employment and Community Access Services is incorporated by reference into the Scope of Work as presently adopted or subsequently amended and can be located at htfp://www.whatcomcounty.us/health/contrgctinq.lsp The purpose of the Program Implementation Guide is to detail implementation requirements including policy and procedure for Pathways to Employment and Community Access services. HL_070113 Cascade Vocational Services -Adult —DID —Services Page 13 253 EXHIBIT "B" (COMPENSATION) The source of funding for this contract is DSHSIDDA and includes state dollars and federal Medicaid match. Total compensation for the contract is variable, depending upon the number of individual clients and service levels authorized by DSHS/ DDA and the County. This is a vendor agreement and not a subrecipient agreement. The Whatcom County rate structure employs an hourly fee for services system. The County will pay the contractor for services delivered to DSHSIDDA authorized clients. ■ Service levels are individualized, based on assessed client need ■ The service hours authorized for each client is mutually agreed upon by DDA, the County and the contractor. ■ Limits to client service authorizations are established in Washington Administrative Code (WAC) 388-828-7020. ■ Funding is allocated for services delivered to an individual client. The client's service allocation and funding will follow the client in the event that they choose to receive services through another contractor. ■ The billing unit for services is hourly. I. Billing and Payment 1. Invoices and attached service documentation will be submitted monthly to the Whatcom County Health Department in the format provided by the County. A complete billing includes both an invoice coversheet and attached client service documentation. The Contractor shall send invoices and service documentation to the following address: Jessica Lee Whatcom County Health Department Human Services Division 509 Girard Street Bellingham, WA 98225 Illee�a�co.whatcom.wa.us 2. The County must receive all invoices and supporting documentation within ten (10) calendar days following the last day of the month for which reimbursement is claimed. If an invoice or required documentation is incorrect, it will be returned to the Contractor. All invoice corrections or modifications must be submitted no later than forty five (45) days after -the last day of the month in which the services were provided. 3. Payment by the County will be considered timely if it is made within thirty (30) days of the receipt and acceptance of billing information from the Contractor. The County may withhold payment of an invoice if the Contractor submits it more than thirty (30) days after the expiration of this contract. Invoices and invoice corrections or modifications related to work done prior to December 31 of the contract year will be accepted no later than January 15 following the end of the County fiscal year (i.e. December 31). 4. The Contractor will not be paid for any billings or invoices for services occurring prior to the execution of the Contract or after its termination. 5. The Contractor shall not bill the County for service performed or provided under this contract if the Contractor has been or will be paid for the same service by any other source. Such sources include, but are not limited to, the Division of Vocational Rehabilitation Social Security Work Incentives such as Plans for Achieving Self Support HL_070113_Cascade Vocational Services -Adult DD_Services Page 14 254 (PASS), or Impairment Related Work Expense (IRWE). The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. 6. 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. 7. A total annual funding authorization for all clients will be communicated to the contractor at the start of the contract year. The funding authorization may be amended, based on use, over the course of the contract year without contract amendment. Expenditures may not exceed the total funding authorization approved by the County and in no case will exceed the total available funding restricted to these services II. Reporting 1. Reporting on client services will be made monthly with the invoice for services through the established DSHS/DDA County Billing and Reporting process in the format provided by the County. Data elements and definitions for each category of service are outlined by DSHS/DDA in the CMIS billing instructions found at: http://wwwl .dshs.wa..qov/DDA/counties.shtml 2. The Contractor will provide other reports as developed and required by DSHS /DDA and the County during the term of the contract. III. Additional Provisions 1. In determining the service level associated with each individual client, the primary service obligation is to meet the needs of the individual client related to his or her service goals, within the limits and requirements established in Washington Administrative Code (WAC). 2. Service levels proposed by the contractor must be approved by the County and authorized by the DDA Case Resource Manager. (CRM) 3. Payment will be made on an hourly basis for all staff support hours provided, up to, but not to exceed the monthly support hours authorized for each client. 4. Authorized service levels documented in the DSHS/Case Management Information System (CMIS) database will take precedence in the event of any inconsistency or conflict. The current maximum authorized service level will be downloaded from the DSHS/CMIS database and provided to the Contractor on the monthly billing report. 5. The Contractor may propose a change in service level through the process established in the County Program Implementation Guide. 6. Funds received from the County shall not be used to provide cash benefit to the supported individual, whether salary, bonuses, or benefits. 7. The Contractor agrees to assign to the County its Medicaid waiver billing rights for services to DDA clients eligible under Title XIX programs. If the Contractor chooses to contract directly with DSHS to provide covered services under Title XIX, those services will not be billed to the County. (See Exhibit D) HL_070113_Cascade Vocational Services -Adult —DID —Services Page 15 255 IV: Reimbursement Rates for Pathways to Employment and Community Access Services Service Description Rate Funding source Type Individual Individualized staff support authorized up $67/hour DSHS/DDA Funding in Employment to 23 hours a morith per client accordance with BARS 568.64 Individual Individualized staff support authorized $45/hour DSHS/DDA Funding in Employment greater than 23 hours a month per client * accordance with BARS 568.64 Group Shared staff support within the GSE $62/hour DSHS/DDA Funding in supported setting and individualized staff support accordance with BARS employment outside of the GSE setting as authorized 568.62 Community Individualized support in integrated $30/hour DSHS/DDA Funding in Access community settings accordance with BARS 568.67 *i.e. service levels authorized above 23 hours a month will be paid at a lower hourly rate. Both the rate and the service level are attached to the client's authorization approved by DSHS/DDA. This means that if the actual number of hours provided falls below 23, the lower hourly rate will still apply. V. Other Reimbursable Activities Activity Description Reimbursement Funding source Training for Contractor's staff Reimbursement for actual costs, DSHS/DDA Staff for the purpose of improving, pre -approved by the County. Funding in Training or enhancing job -related Travel and accommodation accordance with knowledge and skills in the costs will be reimbursed BARS 568.31 provision of developmental according to Section 8.3 in the And local funds disabilities services. County Implementation Guide Partnership Time spent in collaboration $55/hour not to exceed funding DSHS/DDA Project with school districts, Division authorized in writing by the funding in (School to of Vocational Rehabilitation County per eligible student. accordance with Work) staff, families, employers and BARS 568.94 other community collaborators to provide Billable activities include those employment services to listed in Exhibit A, Scope of And local funds young adults with Work, Section III B. developmental disabilities during the school year they turn 21. HL-070113_Cascade Vocational Services-Adult_DD Services Page 16 256 �??T"70 CERTIFICATE OF LIABILITY INSURANCE OP ID R2 FDATE(MM/DDIYYIY) CASCA10 06/14/12 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Western States Ins of Richland HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 390 Bradley Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Richland WA 99352 Phone: 509-946-6161 Fax:509-946-0715 INSURERS AFFORDING COVERAGE NAIC r INSURED INSURER A. Philadelphia Ins CO INSURER B: Cascade Christian Services r Inc INSURER C: P . O Box 3174 INSURER D: Ferndale WA 98225 i INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER. DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYYYY) FULIGY EXPIRATION DATE (MM/DDlYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY PHPK879551 06/15/12 06/15/13 PP.EMISES(Eaoccurence) $ 100000 CLAIMS MADE Fx-] OCCUR MED EXP (Any one person) $ 5000 PERSONAL & ADV INJURY $1000000 GENERAL AGGREGATE $ 3000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG $ 3000000 POLICY jE7 F7 LOC Emp Ben. 1000000 A AUTOMOBILE LIABILITY ANY AUTO PHPK879551 06/15/12 06/15/13 COMBINED SINGLE LIMIT (EaCO accident) $ 1000000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS PROPERTY (DAMAGE (Per accident) $ -,_ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $1000000 A OCCUR CLAIMSMADE PHUB352925 06/15/12 06/15/13 AGGREGATE $ 1000000 $ $ DEDUCTIBLE $ X RETENTION $10000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR(PARTNEWEXECUTIVE ❑ OFFICERlMEMBER EXCLUDED? TORY LIMITS I I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Proof of Coverage CERTIFICATE HOLDER CANCELLATION Cascade Christian Services Inc 1611 North State Street (Bellingham WA 98225 ACORD 25 (20091011 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. UTHORIZED REPRESENTATIVE ACORD CORPORATItAL All riahts reserved The ACORD name and logo are registered marks of ACORD 257 EXHIBIT "C" (CERTIFICATE OF INSURANCE) HL 070113_Cascade Vocational Services -Adult DD_Services Page 17 258 EXHIBIT "D" (ASSIGNMENT OF MEDICAID BILLING RIGHTS) The County, through its agreement with the Department of Social and Health Services (DSHS), Developmental Disabilities Administration (DDA), must ensure that all County contracted providers assign their Medicaid waiver billing rights to the County. DSHS, as the single state Medicaid agency, has administrative authority for Title XIX coverage of services for people with developmental disabilities per 42 CFR 431.10. The County only has responsibility for services covered under its contract with DSHS/DDA. The Contractor agrees, by signing below, to assign to the County its Medicaid waiver billing rights for services to DDA clients eligible under the Title XIX programs. If the Contractor chooses to contract directly with DSHS to provide covered services under Title XIX, those services will not be billed to the County. Authori ed Signature Date HL_070113_Cascade Vocational Services -Adult —DID —Services Page 18 259 EXHIBIT "E" (E-Verify Declaration) Firm Name: ( �as caAc V o (Yo't bY)n-�y Las Proposal/Bid/Invitation/Solicitation No. 3" 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: 5 J J `-2-) SIGNATURE: PRINTED NAME: HL_070113_Cascade Vocational Services-Adult_DD_Services Page 19 260 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-220 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: pj 5/2/13 LLD JUN 1 1 20' , 13 6/18/13 Fin/Council Division Head: Dept. Head: Prosecutor: d1g 05121113 WHAMOM COUNTY Purchasing/Budget: -4a/A 5/21/13 COUNCIL 4 Executive: ��111 e— /j & / TITLE OFDOCU' PRVContract between Whatcom County and Washington Vocational Services ATTACHMENTS: 1. Contract Info Sheet 2. Memo to Executive 3. 2 Originals of Contract Agreement SEPA review required? Yes ( X ) NO Should Clerk schedule a hearing ? Yes (X) NO SEPA review completed? ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible adults with developmental disabilities. Pathways to Employment services are services designed to assist individuals with developmental disabilities to pursue and maintain paid employment in community settings. Community Access Services are designed to assist individuals to participate in activities, events, and organizations in the community in ways similar to other adults of retirement age without disabilities. Through this program in 2012 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. Total compensation under this contract will vary depending on the number of clients and the types of services authorized, however the estimated authorized service level is $6,205.00 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/councit. 261 WHATCOM COUNTY HEALTH DEPT. 509 Girard St. Bellingham, WA 98225 MEMORANDUM TO: Jack Louws, County Executive FROM: Regina A. Delahunt, Director Regina A. Delahunt Director RECEIVED J U N 3--. 2,013 JACK UOUW COUNTY EXECU T IV RE: Washington Vocational Services, New Contract for Services to Individuals with Developmental Disabilities DATE: May 30, 2013 Enclosed are two (2) originals of contract between Whatcom County and Washington Vocational Services for your review and signature. ■ Background and Purpose The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase independence and inclusion in the community. In 2012 an average of 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. ■ Funding Amount and Source The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. Funding includes state dollars and federal Medicaid match. Total compensation under this contract will vary depending on the number of clients and -the types of services authorized, however the estimated authorized service level is $6,205. County Council approval is required and an Agenda Bill is attached. ■ Differences from Previous Contract This is a new contract being issued pursuant to RFQ #13-25. Please contact Jessica Lee at extension 32014, if you have any questions or concerns regarding the terms of this agreement. 262 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ,�01306 00--k Originating Department: Health Contract Administrator: Jessica Lee Contractor's / Agency Name: Washington Vocational Services 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 X No _ If yes, associated Whatcom County grant contract number(s) TBD (DSHS/DDD Revenue Contract in Process) Is this contract the result of a RFP or Bid process? Contract Yes X No If yes, RFP and Bid number(s) RFQ# 13-25 Cost Center: 673800 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 $ varies depending on number of clients and 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 OM ofservices authorized agenda bill and supporting memo. If less than these thresholds, just submit to This Amendment Amount: Executive with supporting memo for approval. Total Amended Amount: Scope of Services: [Insert language from contract (Exhibit A) or summarize, expand space as necessary] The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase the individual's independence and inclusion in the community. Term of Contract: 7/1/2013 — 6/30/2014 1 Expiration Date: 6/30/14 Contract Routine Steps & Signoff. (sign or initial] [indicate date transmitted] 1. Prepared by: ---Ti- Date 5/2/13 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date 05121113 [electronic] 3. AS Finance reviewed: m d c (t Date_5/21/13 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff: Daniel L. Gibson Date 05121113 7. Contractor signed: all Date i Caly r / 8. Submitted to Exec Office r Date 6113,113[summary via electronic; hardcopies] Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original Returned to dept; Date 13. County Original to Council Date 263 y} Y gJ "`YYY Whatcom County Contract No. CONTRACT FOR SERVICES 11? 0 f'30 6 0(J1;� Employment Services Washington Vocational Services 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 14 Exhibit B (Compensation), pp. 15 to 17 Exhibit C (Certificate of Insurance), p. 18 , Exhibit D (Assignment of Medicaid Billing Rights), p. 19 , Exhibit E (E-Verify Declaration), p. 19 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 July, 2013, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30th day of June, 2014. The general purpose or objective of this Agreement is to: provide employment or retirement services to individuals with developmental disabilities, 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 will vary, depending upon the number of clients authorized for service by the Washington State Department of Social and Health Services, Division of Developmental Disabilities. 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 h'I }< 2013. CONTRACTOR-6��� ! " V? Washington Vocational Services LYNN VAP4VAi-T6V` EYEc- LA,Tiv-,-:- *DIRT=C_ O (Type in Name & Title of Signatory) STATE OF WASHINGTON ) ) ss. COUNTY OF ) On thisday of, 2013, before me personally appearedmi ¢f6'to me known to be the c'LL`h%t' IVU) of (Company) and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof NOTARY'PUB C in and.for the tate of Wa' ington, fesidlqg at My commission expires HL_070113 Washington Vocational Services -Adult DD Services Page 1 264 WHATCOM COUNTY: Recommended f r Approval Anne beacon, Human Services Manager Date pi/13 Regin Delahunt, Department Director Date Ap red as o form: --- Elizabeth L. Gallery, Deputy Prosecuti I g Attorney I ate 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 Washington Vocational Services 111 S E Everett Mall Way Suite C-100 Everett, WA 98208 Contact: Bill Munson, Executive Director Phone: 425-774-3338 Email: BMunson(aiwvs.org HL_070113_Washington Vocational Services-Adult_DD_Services Page 2 265 GENERAL CONDITIONS Series 00-09: Provisions Related to Nature and Purpose of Agreement 0.1 Scope of Services: Fhe 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 four years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. HL_070113_Washington Vocational Services -Adult DD Services Page 3 266 Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured_ Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that helshelit 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. HL_070113 Washington Vocational Services-Adult_DD_Services Page 4 267 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 Riqht to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory. a. Professional Liability - $1,000,000 per occurrence: If the professional liability insurance is a claims made policy, and should the contractor discontinue coverage either during the term of this contract or within three years of completion, the contractor agrees to purchase tall coverage for a minimum of three years from the completion date of this contract or any amendment to this contract. Professional Liability - $1,000,000 per occurrence 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: HL_070113_Washington Vocational Services -Adult DD Services Page 5 W The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification, Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncom petition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this NL_070113 Washington Vocational Services -Adult —DID —Services Page 6 269 Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Jessica Lee, Developmental Disabilities Program Specialist Whatcom County Health Department 509 Girard Street Bellingham, WA 98225 (360) 676-6724 ext.#32014 illee@co.whatcom.wa.us 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this 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, IneligibilityIneligibilfty and VolunLaa 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 hftp://epls.arnet.gov/. 38.3 E-Verify: The E-Verify contractor program for Whatcom County applies to contracts of $100,000 or more and sub contracts for $25,000 or more if the primary contract is for $100,000 or more. Contractor represents and warrants that it will, for at least the duration of this contract, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Whatcom County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Contractor/Seller agrees to maintain records of such compliance and, upon request of the County, to provide a copy of each such verification to the County. Contractor/Seller further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. Contractor/Seller understands and agrees that any breach of these warranties may subject Contractor/Seller to the following: (a) termination of this Agreement and ineligibility for any Whatcom County contract for up to three (3) years, with notice of such 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 4.1.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. HL_070113 Washington Vocational Services -Adult DD_Services Page 7 270 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_070113 Washington Vocational Services -Adult DD Services Page 8 271 EXHIBIT "A" (SCOPE OF WORK) I. Background The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services assist working age adults pursue and maintain paid employment in integrated community settings. Community Access Services increase independence and inclusion in the community for those in retirement or no longer seeking employment. All services are individualized to reflect the individual's interests, strengths, gifts, talents, and service goals. This contract reflects the community values and goals of the Whatcom County Developmental Disabilities Advisory Board, the Whatcom County Developmental Disabilities program, the Washington Department of Social and Health Services (DSHS) work order for the current biennium and the County Guidelines published by DSHS and available at http://www.dshs.wa.gov/pdf/adsa/ddd/cguidelines,pdf. II. Service Types The contractor has applied for and been accepted as a qualified provider for the services indicated, below. 0 Individual Supported Employment ❑ Group Supported Employment ❑ Community Access These services are defined in the table below, based on the definitions found in the DSHS/ Budgeting, Accounting, and Reporting System (BARS). HL_070113_Washington Vocational Services-Adult_DD_Services Page 9 272 Individual Supported Employment (BARS 568,64) Group Supported Employment (BARS 568.62) Community Access Services (BARS 568.67) Descry ■ These services are part of an individual's pathway to integrated employment in typical community jobs. ■ These are individualized services necessary to help persons with developmental disabilities obtain and continue integrated employment at or above the state's minimum wage in the general workforce. ■ These services may include intake, discovery, assessment, job preparation, job marketing, job supports, recordkeeping and on -going support to maintain a job. ■ These services are part of an individual's pathway to integrated employment in typical community jobs. a These services are intended to be short term and offer ongoing supervised employment for groups of no more than eight (8) workers with disabilities in the same setting. ■ The service outcome of GSE is sustained paid employment leading to further career development in integrated employment at or above minimum wage. a Examples include enclaves, mobile crew and other business models employing small groups of workers with disabilities in integrated employment in community ■ These individualized services are provided in typical integrated community settings for individuals in retirement. ■ Services will promote individualized skill development; independent living and community integration for person's to learn how to actively and independently engage in their local community. ■ Activities will provide opportunity to develop relationships and to learn, practice and apply skills that result in greater independence and community inclusion. ■ These services may be authorized instead of employment support for working age individuals who have received nine months of employment support, have not found a job and decide not to continue looking for work. HL_070113_Washington Vocational Services -Adult —DID —Services ■ Establish employment opportunities for participants in local businesses on a one-person/one-job basis, self-employment, or other paid work options regardless of the level of disability ■ Develop relationships with and support from co- workers without disabilities (i.e. Natural supports) ■ Earn sufficient wages to increase self-sufficiency and meet or exceed living expenses (i.e. earning a living wage) ■ Develop job and life skills necessary to lead a more independent life ■ Make measurable progress toward the individual's employment goals ■ Establish supervised employment and training opportunities for small groups of participants within local business, industry and community settings. ■ Develop relationships with and support from co- workers without disabilities (i.e. Natural supports) ■ Earn sufficient wages to increase self-sufficiency and meet or exceed living expenses (i.e. earning a living wage) ■ Develop job and life skills necessary to lead a more independent life ■ Make measurable progress toward the individual's employment goals ■ Participation in integrated community activities of clients' choice similar to individuals without disabilities of the same age. ■ Membership/leadership in local community clubs and associations based on interest and culture ■ Foster connections between persons with disabilities and persons without disabilities who are not paid developmental disabilities staff ■ Enhance or maintain the persons' competence, integration, physical or mental skill. Page 10 273 III. Statement of Work The Contractor will develop an individualized service plan for each client based on his or her interests, skills and abilities. Support will be provided as defined below to make measureable progress toward the client's service goals as outlined in the plan. A. Client support "Support" provided in the implementation of client services, as referenced herein, is defined as staff time spent on behalf of the program client to achieve community employment or access goals. In addition to those activities specifically outlined within the billable activities, below, "support" when used within a definition typically refers to one of the three following activities: Monitoring of client employment or community access activities (e.g,, ensuring safety, quality etc.); Providing verbal or physical reminders or prompts for the client to successfully complete or engage in employment or community access activities; or Providing partial or total 1:1 physical assistance to allow the client to successfully complete or engage in employment or community access activities. B. Pathway to Employment Billable Support Activities Pathway to Employment includes both Individual Employment (IE) and Group Supported Employment (GSE). Billable support activities for Pathway to Employment services are found on the Washington State Department of Social & Health Services Developmental Disabilities Administration (DSHS/DDA) website, and may be amended or updated with prior notification by the County without a contract amendment. ham://www.dshs_wa.ciov/pdf/adsa/ddd/CO°/a20%2OEmplovment%20Phases%20and%208illable%20Activities.pdf C. Community Access Billable Support Activities Billable support activities for Community Access services are found on the DSHS/DDA website, and may be amended or updated with prior notification by the County without a contract amendment. http://www.dshs,wa.gov/pdf/adsa/ddd/CO%20%2OCommunily%2OAccess%2OBillabie%2OActivities.pdf D. Individualized Plan for Services The Contractor is required to have a written, individualized service plan for each client, completed within 60 days of County authorization. This individual plan is meant to be the "driver" or basis for support services delivered by the Contractor. The individual plan must be updated and reviewed at least annually by the planning team, as described below. The individual plan requires the development of a planning team including the client, client's guardian when applicable, DSHS/DDA Case Resource Manager, and others identified by the client to provide input. At a minimum, the DSHS/DDA Case Resource Manager and the individual/guardian will receive a copy of the completed plan. Other members of the planning team may request a copy with the client's permission. Required elements of both Pathways to Employment and Community Access plans are outlined in the County Program Implementation Guide, referenced in Section VI I. HL_070113_Washington Vocational Services -Adult DD Services Page 11 274 E. Progress Updates For all clients, the Contractor shall document measureable progress toward achieving the individual's service goals every 6 months in a format approved by the County. Six (6) month progress updates must be sent to the DSHS/DDA Case Resource Manager and the client/guardian. If clients receiving Individual Employment or Group Supported Employment services have not obtained paid employment at minimum wage or better within six (6) months the contractor will: ■ Review the progress toward service goals ■ Provide evidence of consultation with the family/client ■ Develop additional strategies with the family/client, county staff, employment support staff and case manager as appropriate. Strategies may include technical assistance, changing to a new provider and/or additional resources as needed to support employment goals. ■ Document the additional/new strategies developed for each client with the client's file. If after 12 months the client remains unemployed, an additional review will be conducted. The Contractor will address steps outlined in the previous six month progress report in the next 6 month progress report. The client may request to participate in Community Access activities or the client can choose to remain in an employment program. Individuals requesting to participate in Community Access activities will be referred to his/her DSHS/DDA Case Resource Manager. V. Service Requirements A. All Services will: 1. Be individualized and unique to the client's Individualized Pathway to Employment or Community Access Plan, 2. Ensure continued movement toward inclusive settings, integration and connection with others in the community without disabilities. 3. Provide supports in a variety of settings and in a broad range of activities that will contribute to his/her individual service goals. 4. Provide staff and training interventions at appropriate levels to safely and effectively meet the needs of the clients. 5. Promote independence through skill development and training, including the effective use of public transportation. 6. Implement curriculum, work activities, routines, and other materials used to facilitate learning that are relevant to the age and individual needs of each client. 7. Emphasize the development of natural community supports for clients, in conjunction with, but not an over- reliance on, public funds. Natural supports are those provided by individuals in the work or community environment who are not paid to support the client. 8. Demonstrate measurable progress toward achieving the client's individualized service goals. 9. Include at minimum monthly contact by the contractor. 10. Provide support to the client at a service level proposed by the Contractor, approved by the County and authorized by the DSHS/DDA Case Resource Manager. Service levels will be authorized in accordance with: ■ Washington Administrative Code (WAC) 388-828-9325 through 9360 for Employment Services HL_070113 Washington Vocational Services -Adult DD_Services Page 12 275 • Washington Administrative Code (WAC) WAC 388-828-9300 through 9310 for Community Access Services ■ County Implementation Guide for Employment and Community Access Services B. All Employment Services will: 1. Emphasize maximum integration with co-workers without disabilities. All efforts will be made to promote employer responsibility for workers with disabilities, including exploration of direct employment of clients by the business/industry in Group Supported Employment. 2. Ensure that pay for work performed is commensurate with pay to other employees doing the same type and amount of work. 3. Ensure that all individuals, regardless of their disability, are provided the opportunity to pursue employment. Some participants may need more support than others and may spend a significant amount of time in activities that will prepare the participant for future community employment. C. Group Supported Employment (GSE) will: 1. Ensure paid work/paid training is available for all clients authorized for these services. In the event that contracted work is no longer available or insufficient to maintain a GSE work site, the provider is expected to notify the County to determine appropriate next steps related to client authorization. 2. Ensure compensation in accordance with applicable federal and state laws and regulation. This includes, but is not limited to section 14 (C) of the Federal Fair Labor Standards Act (FLSA), RCW 39,12.022 and WAC 299-127-400 through 407 related to payment of sub -prevailing wage. 3. Work towards establishing permanent integrated employment at or above minimum wage. D. Community Access Services will: 1. Focus on activities that are typically experienced by the general public. Support to participate in segregated activities and/or specialized activities will not be reimbursed. Segregated and specialized activities are those which are organized and designed for individuals based on their disability. 2. Not be provided simultaneously with employment services. 3. Ensure health and safety, positive image and relationships in the community, increased competence and individualized skill -building, and other expected benefits of Community Access. Services will occur individually or in a group of no more than 2 or 3 individuals with similar interest and needs. 4. Allow a client to discontinue services in order pursue work and to receive employment support at any time. VII. Program Implementation Requirements The Developmental Disabilities Program Implementation Guide, Employment and Community Access Services is incorporated by reference into the Scope of Work as presently adopted or subsequently amended and can be located at http://www.whatcomcounty.us/health/contractioq.isn The purpose of the Program Implementation Guide is to detail implementation requirements including policy and procedure for Pathways to Employment and Community Access services. HL_070113 Washington Vocational Services -Adult —DID —Services Page 13 276 EXHIBIT "B" (COMPENSATION) The source of funding for this contract is DSHS/DDA and includes state dollars and federal Medicaid match. Total compensation for the contract is variable, depending upon the number of individual clients and service levels authorized by DSHS/ DDA and the County. This is a vendor agreement and not a subrecipient agreement. The Whatcom County rate structure employs an hourly fee for services system, The County will pay the contractor for services delivered to DSHS/DDA authorized clients. ■ Service levels are individualized, based on assessed client need ■ The service hours authorized for each client is mutually agreed upon by DDA, the County and the contractor. ■ Limits to client service authorizations are established in Washington Administrative Code (WAC) 388-828-7020. ■ Funding is allocated for services delivered to an individual client. The client's service allocation and funding will follow the client in the event that they choose to receive services through another contractor. ■ The billing unit for services is hourly. I. Billing and Payment 1. Invoices and attached service documentation will be submitted monthly to the Whatcom County Health Department in the format provided by the County. A complete billing includes both an invoice coversheet and attached client service documentation. The Contractor shall send invoices and service documentation to the following address: Jessica Lee Whatcom County Health Department Human Services Division 509 Girard Street Bellingham, WA 98225 illee(cD.co.whatcom.wa.us 2. The County must receive all invoices and supporting documentation within ten (10) calendar days following the last day of the month for which reimbursement is claimed. If an invoice or required documentation is incorrect, it will be returned to the Contractor. All invoice corrections or modifications must be submitted no later than forty five (45) days after the last day of the month in which the services were provided. 3. Payment by the County will be considered timely if it is made within thirty (30) days of the receipt and acceptance of billing information from the Contractor. The County may withhold payment of an invoice if the Contractor submits it more than thirty (30) days after the expiration of this contract. Invoices and invoice corrections or modifications related to work done prior to December 31 of the contract year will be accepted no later than January 15 following the end of the County fiscal year (i.e. December 31). 4. The Contractor will not be paid for any billings or invoices for services occurring prior to the execution of the Contract or after its termination. 5. The Contractor shall not bill the County for service performed or provided under this contract if the Contractor has been or will be paid for the same service by any other source. Such sources include, but are not limited to, the Division of Vocational Rehabilitation Social Security Work Incentives such as Plans for Achieving Self Support HL_070113_Washington Vocational Services-Adult_DD_Services Page 14 277 (PASS), or Impairment Related Work Expense (IRWE). The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. 6. 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. 7. A total annual funding authorization for all clients will be communicated to the contractor at the start of the contract year. The funding authorization may be amended, based on use, over the course of the contract year without contract amendment. Expenditures may not exceed the total funding authorization approved by the County and in no case will exceed the total available funding restricted to these services II. Reporting 1. Reporting on client services will be made monthly with the invoice for services through the established DSHS/DDA County Billing and Reporting process in the format provided by the County. Data elements and definitions for each category of service are outlined by DSHS/DDA in the CMIS billing instructions found at: http://wwwl .dshs,wa.gov/DDA/counties.shtmi 2. The Contractor will provide other reports as developed and required by DSHS /DDA and the County during the term of the contract. III. Additional Provisions 1. In determining the service level associated with each individual client, the primary service obligation is to meet the needs of the individual client related to his or her service goals, within the limits and requirements established in Washington Administrative Code (WAC). 2. Service levels proposed by the contractor must be approved by the County and authorized by the DDA Case Resource Manager. (CRM) 3. Payment will be made on an hourly basis for all staff support hours provided, up to, but not to exceed the monthly support hours authorized for each client. 4. Authorized service levels documented in the DSHS/Case Management Information System (CMIS) database will take precedence in the event of any inconsistency or conflict. The current maximum authorized service level will be downloaded from the DSHS/CMIS database and provided to the Contractor on the monthly billing report. 5. The Contractor may propose a change in service level through the process established in the County Program Implementation Guide. 6. Funds received from the County shall not be used to provide cash benefit to the supported individual, whether salary, bonuses, or benefits. 7. The Contractor agrees to assign to the County its Medicaid waiver billing rights for services to DDA clients eligible under Title XIX programs. If the Contractor chooses to contract directly with DSHS to provide covered services under Title XIX, those services will not be billed to the County. (See Exhibit D) HL_070113_Washington Vocational Services -Adult DD_Services Page 15 278 IV: Reimbursement Rates for Pathways to Employment and Community Access Services Service Description Rate Funding source Type Individual Individualized staff support authorized u2 $67/hour DSHS/DDA Funding in Employment to 23 hours a month per client accordance with BARS 568.64 Individual Individualized staff support authorized $45/hour DSHS/DDA Funding in Employment greater than 23 hours a month per client * accordance with BARS 568.64 Group Shared staff support within the GSE $62/hour DSHS/DDA Funding in supported setting and individualized staff support accordance with BARS employment outside of the GSE setting as authorized 568.62 Community Individualized support in integrated $30/hour DSHS/DDA Funding in Access community settings accordance with BARS 568.67 *i,e, service levels authorized above 23 hours a month will be paid at a lower hourly rate, Both the rate and the service level are attached to the client's authorization approved by DSHS/DDA. This means that if the actual number of hours provided falls below 23, the lower hourly rate will still apply. V. Other Reimbursable Activities Activity Description Reimbursement Funding source Training for Contractor's staff Reimbursement for actual costs, DSHS/DDA Staff for the purpose of improving, pre -approved by the County. Funding in Training or enhancing job -related Travel and accommodation accordance with knowledge and skills in the costs will be reimbursed BARS 568.31 provision of developmental according to Section 8.3 in the And local funds disabilities services. Coun!y Irrl lementation Guide Partnership Time spent in collaboration $55/hour not to exceed funding DSHS/DDA Project with school districts, Division authorized in writing by the funding in (School to of Vocational Rehabilitation County per eligible student. accordance with Work) staff, families, employers and BARS 568.94 other community collaborators to provide Billable activities include those employment services to listed in Exhibit A, Scope of And local funds young adults with Work, Section III B. developmental disabilities during the school year they turn 21. HL_070113 Washington Vocational Services -Adult —DID —Services Page 16 279 EXHIBIT "C" (CERTIFICATE OF INSURANCE) HL_070113 Washington Vocational Services-Adult_DD_Services Page 17 WashVS18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTRUE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. — IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(!") must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Canfield 451 Diamond Drive Ephrata, WA 98823 WA Vocational Services 111 SE Everett Mall Way, Bidg C, Ste 100 Everett, WA 98208 American Alternative Insurance Corporation AUTOMOBILE LIABILITY American Alternative Insurance Corporation PROPERTY American Alternative Insurance Corporation Torus Specialty Insurance Company MISCELLANEOUS PROFESSIONAL LIABILITY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COMMERCIAL GENERAL LIABILITY NI—A2-RL-WO0013.05 06101/2013 06101/2014 PER OCCURRENCE $5,000.000 OCCURRENCE FORM PER MEMBER AGGREGATE $10,000,000 INCLUDES STOP GAP PRODUCT-COMP/Op $51000,000 PERSONAL &ADV.INJURY S51000,000 LABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUND ANNUAL POOL AGGREGATE $50,000,000 "ft1iT01190t#(LELtABEi tTY, .. , :.. ANYAUTO N1-A2.RL-0000013-05 06/01/2013 06/01/2014 COMBINED SINGLE LIMIT $5,000,000 IABIUTY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS ANNUAL POOL AGGREGATE NONE Ni-A2 RL-0000013.05 06101/2013 06/01/2014 ALL RISK PER OCC EXCL EQ & FL $50,000,000 47192A122AL1 EARTHQUAKE PER OCC $1,000,000 FLOOD PER OCC $1,000, 000 (PROPERTY IS SUBJECT TO AS50.000 SIR PAYABLE FROM PROGRAM FUNDSI ANNUAL POOL AGGREGATE NONE 06/01/2013 06101/2014 PER CLAIM Evidence of Insurance regarding the Washington Vocational Services' Supported Employment Conference. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. a�«!"tFtFIGAi£i#O# DEFt<t?:E; ::<.: - . ,...<.... u...:...., k.. (i3JTElQR(Zt O t2F1?RESE@tfATEVE..... f v a.. Attn: Jessica Lee Whatcom County Health Department 509 Girard St. Bellingham, WA 98225 2729039 281 EXHIBIT "D" (ASSIGNMENT OF MEDICAID BILLING RIGHTS) The County, through its agreement with the Department of Social and Health Services (DSHS), Developmental Disabilities Administration (DDA), must ensure that all County contracted providers assign their Medicaid waiver billing rights to the County. DSHS, as the single state Medicaid agency, has administrative authority for Title XIX coverage of services for people with developmental disabilities per 42 CFR 431.10. The County only has responsibility for services covered under its contract with DSHS/DDA. The Contractor agrees, by signing below, to assign to the County its Medicaid waiver billing rights for services to DDA clients eligible under the Title XIX programs. If the Contractor chooses to contract directly with DSHS to provide covered services under Title XIX, those services will not be billed to the County. j i, e478rar ature Date HL 070113 Washington Vocational Services-Adult_DD_Services Page 18 282 EXHIBIT "E" (E-Verify Declaration) Firm Name: to " V, 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:/V e SIGNATURE: V .' PRINTED NAME: HL_070113_Washington Vocational Services -Adult DD_Services Page 19 283 5=13 ParentSummary -.-E-Veroffiffry Welcome User 10 Lesl LogIn Employment Eligibility Verification Janee DaMs JDAV7418 04:10 PM - 03ti 512013 Log Out Home Edit Corporate Profile MY Company t-ocationr Add New Location Name and Location Information View EAsting Locations View /Edit Add New User Company ID Number: 646809 Mew E)dsting Users Company Name: Washington Vocational Services Close CompanyAccoun(s Doing Business As (DBA) Name: My profflo DUNS Number: Edit Profile Change Password tt Address 1: 111 Everett Mail Way Alt Address 1: Change Security Questions Address 2- Bldg: C, Sufte#: 100 Alt Address 2: My Corporate Account i City: Everett Alt City: Edit Corporate Profile State. WA Alt State: Add New Administrator Zip Code: 98208 Alt Zip Code: View ffidsting Administrators' Close Corporate account i Additional Information My Reportf, Parent Organization: View Reports My Resources ... .... ... View Essential Resources i Corporate Administrator (a): 2 Take Tutorial View /Edt MewUserrvlanual Contact Us U.S. Deparirrentof Hom9landSecurky-w,%vw.dhs.gov U.S. Citizenship and W�gra9on Services - www.usrls.gov Accessibility Download Viewers https;/!e-\terify.uscis.goqenoParenWdress,aspx 284 1/1 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-221 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: pj 5/2/13 6/18/13 in/Council Division Head: -- U N 1 1 2913 Dept. Head: Prosecutor: d1g 05121113 WHXFCOM ,BOUNTY Purchasing/Budget: nAC 5/21 / 13 COUNCIL Executive: WT':j f bo // 3 TITLE OF DOC Contract between Whatcom County and Whatcom County Council on Aging ATTACHMENTS: 1. Contract Info Sheet 2. Memo to Executive 3. 2 Originals of Contract Agreement SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible adults with developmental disabilities. Pathways to Employment services are services designed to assist individuals with developmental disabilities to pursue and maintain paid employment in community settings. Community Access Services are designed to assist individuals to participate in activities, events, and organizations in the community in ways similar to other adults of retirement age without disabilities. Through this program in 2012 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. Total compensation under this contract will vary depending on the number of clients and the types of services authorized, however the estimated authorized service level is $23,365.00 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/cowicil. ".9 WHATCOM COUNTY HEALTH DEPT. 509 Girard St. Bellingham, WA 98225 MEMORANDUM TO: Jack Louws, County Executive FROM: Regina A. De shunt, Director Regina A. Delahunt Director P 14 R I QWM C E D JACK i-%'­,XJW COUNTY EXEIWTIVE RE: Whatcom County Council on Aging, New Contract for Services to Individuals with Developmental Disabilities DATE: June 3, 2013 Enclosed are two (2) originals of contract between Whatcom County and Whatcom County Council on Aging for your review and signature. ■ Background and Purpose The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase independence and inclusion in the community. In 2012 an average of 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. ■ Funding Amount and Source The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. Funding includes state dollars and federal Medicaid match. Total compensation under this contract will vary depending on the number of clients and the types of services authorized, however the estimated authorized service level is $23,365.00. County Council approval is required and an Agenda Bill is attached. ■ Differences from Previous Contract This is a new contract being issued pursuant to RFQ #13-25. Please contact Jessica Lee at extension 32014, if you have any questions or concerns regarding the terms of this agreement. Encl. WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Health Contract Administrator: Jessica Lee Contractor's / Agency Name: Whatcom County Council on Aging 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 X No _ If yes, associated Whatcom County grant contract number(s) TBD (DSHS/DDD Revenue Contract in Process) Is this contract the result of a RFP or Bid process? Contract Yes X No If yes, RFP and Bid number(s) RFQ# 13-25 Cost Center: 673800 Is this contract excluded from E-Verify? No — Yesy1 If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: t/ 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 $ varies depending on number ofclients and 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 types of services authorized agenda bill and supporting memo. If less than these thresholds, just submit to This Amendment Amount: Executive with supporting memo for approval. Total Amended Amount: Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase the individual's independence and inclusion in the community. Term of Contract: 7/1/2013 — 6/30/2014 1 Expiration Date: 6/30/14 Contract Routing Steps & Si ng off: [sign or initial] [indicate date transmitted] 1. Prepared by: pi Date 5/2/13 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date 05121113 [electronic] 3. AS Finance reviewed: mdc Date 5/21 / 13 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff: Daniel L. Gibson Date 05121113 7. Contractor signed: Date ;3 0 / 8. Submitted to Exec Office Date - ; [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 287 ��� Whatcom County Contract No. � axo.a CONTRACT FOR SERVICES q 013 Q G (' 0 7 Employment Services Whatcom County Council on Aging 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 14 Exhibit B (Compensation), pp. 15 to 17 Exhibit C (Certificate of Insurance), p, 18 , Exhibit D (Assignment of Medicaid Billing Rights), p. _19_, Lg 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 15t day of July, 2013, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 301h day of June, 2014. The general purpose or objective of this Agreement is to: provide employment or retirement services to individuals with developmental disabilities, 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 will vary, depending upon the number of clients authorized for service by the Washington State Department of Social and Health Services, Division of Developmental Disabilities, 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 thib� day of 2013. U CONTRACTOR: Whatcom County Council on Aging (Type in Name t Title of Signatory) -� C L'A50' STATE OF WASHINGTON ) ss, COUNTY OF '�`� ) On this day of 2013, before me personallyAppeared e known to be the . m t(title) of Co ny) and who executed the a instrument who owledecl to me the act of signing and sealing thereof. !° i e %SSJ0 OTARY PUBLIC in and for the State of Washington, residing at - My commission expires ) 0 7'4 ®® � LIC WA SO ° HL_070113 Whatcom County Council on Aging-Adult_DD_Services Page 1 WHATCOM COUNTY: Recommended for Approval: Anne"beacon, Human Services Manager ' IDate Regi a elahunt, Department Director Date Apfr;ed as to form:^ lizabeth L. Gallery, Deputy Prosecuting A rney Dat 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 Whatcom County Council on Aging 315 Halleck St. Bellingham, WA 98225 Contact: Mary Carlson, Executive Director Phone: 360-733-4030 ext. 47026 Email: mcarlson@wccoa,org HL_070113_Whatcom County Council on Aging-Adult_DD_Services Page 2 :• GENERAL CONDITIONS Series 00-09: Provisions Related to Nature and Purpose of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to 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. "rhe 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 four years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience. The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements, HL_070113 Whatcom County Council on Aging-Adult_DD_Services Page 3 290 Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare), All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. HL_070113_Whatcom County Council on Aging-Adult_DD_Services Page 4 291 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. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory. a. Professional Liability - $1,000,000 per occurrence: If the professional liability insurance is a claims made policy, and should the contractor discontinue coverage either during the term of this contract or within three years of completion, the contractor agrees to purchase tail coverage for a minimum of three years from the completion date of this contract or any amendment to this contract. Professional Liability - $1,000,000 per occurrence 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: HL_070113 Whatcom County Council on Aging-Adult_DD_Services Page 5 292 The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this HL_070113_Whatcom County Council on Aging-Adult_DD_Services Page 6 293 Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Jessica Lee, Developmental Disabilities Program Specialist Whatcom County Health Department 509 Girard Street Bellingham, WA 98225 (360) 676-6724 ext.#32014 illee(a.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: 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 hftp://epis.arnet.gov/. 38.3 E-Verify: The E-Verify contractor program for Whatcom County applies to contracts of $100,000 or more and sub contracts for $25,000 or more if the primary contract is for $100,000 or more. Contractor represents and warrants that it will, for at least the duration of this contract, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Whatcom County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Contractor/Seller agrees to maintain records of such compliance and, upon request of the County, to provide a copy of each such verification to the County. Contractor/Seller further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. Contractor/Seller understands and agrees that any breach of these warranties may subject Contractor/Seller to the following: (a) termination of this Agreement and ineligibility for any Whatcom County contract for up to three (3) years, with notice of such 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. HL_070113_Whatcom County Council on Aging-Adult_DD_Services Page 7 294 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_070113_Whatcom County Council on Aging-Adult_DD_Services Page 8 295 EXHIBIT "A" (SCOPE OF WORK) I. Background The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services assist working age adults pursue and maintain paid employment in integrated community settings. Community Access Services increase independence and inclusion in the community for those in retirement or no longer seeking employment. All services are individualized to reflect the individual's interests, strengths, gifts, talents, and service goals. This contract reflects the community values and goals of the Whatcom County Developmental Disabilities Advisory Board, the Whatcom County Developmental Disabilities program, the Washington Department of Social and Health Services (DSHS) work order for the current biennium and the County Guidelines published by DSHS and available at http;//www,dshs.wa.gov/pdf/adsa/ddd/c guidelines,pdf. II. Service Types The contractor has applied for and been accepted as a qualified provider for the services indicated, below. ❑ Individual Supported Employment ❑ Group Supported Employment Q Community Access These services are defined in the table below, based on the definitions found in the DSHS/ Budgeting, Accounting, and Reporting System (BARS). HL_070113 Whatcom County Council on Aging-Adult_DD_Services Page 9 296 Service Tv a Service Description Service Goals Individual ■ These services are part of an individual's Establish employment opportunities for participants Supported pathway to integrated employment in in local businesses on a one-person/one-job basis, Employment typical community jobs. self-employment, or other paid work options (BARS ■ These are individualized services regardless of the level of disability 568,64) necessary to help persons with Develop relationships with and support from co - developmental disabilities obtain and workers without disabilities (i.e. Natural supports) continue integrated employment at or ■ Earn sufficient wages to increase self-sufficiency above the state's minimum wage in the and meet or exceed living expenses (i.e. eaming a general workforce. living wage) ■ These services may include intake, ■ Develop job and life skills necessary to lead a more discovery, assessment, job preparation, job independent life marketing, job supports, recordkeeping and ■ Make measurable progress toward the individual's on -going support to maintain a job. employment goals Group a These services are part of an ■ Establish supervised employment and training Supported individual's pathway to integrated opportunities for small groups of participants within Employment employment in typical community jobs. local business, industry and community settings. (BARS a These services are intended to be ■ Develop relationships with and support from co- 568.62) short term and offer ongoing supervised workers without disabilities (i.e. Natural supports) employment for groups of no more than ■ Earn sufficient wages to increase self-sufficiency eight (8) workers with disabilities in the and meet or exceed living expenses (i.e. eaming a same setting. living wage) ■ The service outcome of GSE is ■ Develop job and life skills necessary to lead a more sustained paid employment leading to independent life further career development in integrated ■ Make measurable progress toward the individual's employment at or above minimum wage. employment goals ■ Examples include enclaves, mobile crew and other business models employing small groups of workers with disabilities in integrated employment in community settings. Community ■ These individualized services are ■ Participation in integrated community activities of Access provided in typical integrated community clients' choice similar to individuals without Services settings for individuals in retirement. disabilities of the same age. (BARS ■ Services will promote individualized skill ■ Membership/leadership in local community clubs 568.67) development; independent living and and associations based on interest and culture community integration for person's to ■ Foster connections between persons with disabilities team how to actively and independently and persons without disabilities who are not paid engage in their local community. developmental disabilities staff ■ Activities will provide opportunity to ■ Enhance or maintain the persons' competence, develop relationships and to learn, integration, physical or mental skill. practice and apply skills that result in greater independence and community inclusion. ■ These services may be authorized instead of employment support for working age individuals who have received nine months of employment support, have not found a job and decide not to continue looking for work. HL_070113 Whatcom County Council on Aging -Adult —DID —Services Page 10 297 III. Statement of Work The Contractor will develop an individualized service plan for each client based on his or her interests, skills and abilities. Support will be provided as defined below to make measureable progress toward the client's service goals as outlined in the plan. A. Client support "Support" provided in the implementation of client services, as referenced herein, is defined as staff time spent on behalf of the program client to achieve community employment or access goals. In addition to those activities specifically outlined within the billable activities, below, "support" when used within a definition typically refers to one of the three following activities: Monitoring of client employment or community access activities (e.g., ensuring safety, quality etc.); Providing verbal or physical reminders or prompts for the client to successfully complete or engage in employment or community access activities; or Providing partial or total 1:1 physical assistance to allow the client to successfully complete or engage in employment or community access activities. B. Pathway to Employment Billable Support Activities Pathway to Employment includes both Individual Employment (IE) and Group Supported Employment (GSE). Billable support activities for Pathway to Employment services are found on the Washington State Department of Social & Health Services Developmental Disabilities Administration (DSHS/DDA) website, and may be amended or updated with prior notification by the County without a contract amendment. httpa/www�dshs.wa,gov/pdf/adsafddd/CO%2O%20Employment%20Phases%20and%208illable%20Activities. pdf C. Community Access Billable Support Activities Billable support activities for Community Access services are found on the DSHS/DDA website, and may be amended or updated with prior notification by the County without a contract amendment. http://www.dshs.wa. ovcy//pdf/adsa/ddd/CO%20%2OCommunity%2OAccess%2OBillable%2OActivities.pdf D. Individualized Plan For Services The Contractor is required to have a written, individualized service plan for each client, completed within 60 days of County authorization. This individual plan is meant to be the "driver" or basis for support services delivered by the Contractor. The individual plan must be updated and reviewed at least annually by the planning team, as described below. The individual plan requires the development of a planning team including the client, client's guardian when applicable, DSHS/DDA Case Resource Manager, and others identified by the client to provide input. At a minimum, the DSHS/DDA Case Resource Manager and the individual/guardian will receive a copy of the completed plan. Other members of the planning team may request a copy with the client's permission. Required elements of both Pathways to Employment and Community Access plans are outlined in the County Program Implementation Guide, referenced in Section VI I. HL_070113 Whatcom County Council on Aging-Adult_DD_Services Page 11 E. Progress Updates For all clients, the Contractor shall document measureable progress toward achieving the individual's service goals every 6 months in a format approved by the County. Six (6) month progress updates must be sent to the DSHS/DDA Case Resource Manager and the client/guardian. If clients receiving Individual Employment or Group Supported Employment services have not obtained paid employment at minimum wage or better within six (6) months the contractor will: ■ Review the progress toward service goals ■ Provide evidence of consultation with the family/client ■ Develop additional strategies with the family/client, county staff, employment support staff and case manager as appropriate. Strategies may include technical assistance, changing to a new provider and/or additional resources as needed to support employment goals. ■ Document the additional/new strategies developed for each client with the client's file. If after 12 months the client remains unemployed, an additional review will be conducted. The Contractor will address steps outlined in the previous six month progress report in the next 6 month progress report. The client may request to participate in Community Access activities or the client can choose to remain in an employment program. Individuals requesting to participate in Community Access activities will be referred to his/her DSHS/DDA Case Resource Manager. V. Service Requirements A. All Services will: 1. Be individualized and unique to the client's Individualized Pathway to Employment or Community Access Plan. 2. Ensure continued movement toward inclusive settings, integration and connection with others in the community without disabilities. 3. Provide supports in a variety of settings and in a broad range of activities that will contribute to his/her individual service goals. 4. Provide staff and training interventions at appropriate levels to safely and effectively meet the needs of the clients. 5. Promote independence through skill development and training, including the effective use of public transportation. 6. Implement curriculum, work activities, routines, and other materials used to facilitate learning that are relevant to the age and individual needs of each client. 7. Emphasize the development of natural community supports for clients, in conjunction with, but not an over- reliance on, public funds. Natural supports are those provided by individuals in the work or community environment who are not paid to support the client. 8. Demonstrate measurable progress toward achieving the client's individualized service goals. 9. Include at minimum monthly contact by the contractor. 10. Provide support to the client at a service level proposed by the Contractor, approved by the County and authorized by the DSHS/DDA Case Resource Manager. Service levels will be authorized in accordance with: ■ Washington Administrative Code (WAC) 388-828-9325 through 9360 for Employment Services HL_070113_Whatcom County Council on Aging-Adult_DD_Services Page 12 299 a Washington Administrative Code (WAC) WAC 388-828-9300 through 9310 for Community Access Services ■ County Implementation Guide for Employment and Community Access Services B. All Employment Services will: 1. Emphasize maximum integration with co-workers without disabilities. All efforts will be made to promote employer responsibility for workers with disabilities, including exploration of direct employment of clients by the business/industry in Group Supported Employment. 2. Ensure that pay for work performed is commensurate with pay to other employees doing the same type and amount of work. 3. Ensure that all individuals, regardless of their disability, are provided the opportunity to pursue employment. Some participants may need more support than others and may spend a significant amount of time in activities that will prepare the participant for future community employment. C. Group Supported Employment (GSE) will: 1. Ensure paid work/paid training is available for all clients authorized for these services. In the event that contracted work is no longer available or insufficient to maintain a GSE work site, the provider is expected to notify the County to determine appropriate next steps related to client authorization. 2. Ensure compensation in accordance with applicable federal and state laws and regulation. This includes, but is not limited to section 14 (C) of the Federal Fair Labor Standards Act (FLSA), RCW 39,12.022 and WAC 299-127-400 through 407 related to payment of sub -prevailing wage. 3. Work towards establishing permanent integrated employment at or above minimum wage. D. Community Access Services will: 1. Focus on activities that are typically experienced by the general public. Support to participate in segregated activities and/or specialized activities will not be reimbursed. Segregated and specialized activities are those which are organized and designed for individuals based on their disability. 2. Not be provided simultaneously with employment services. 3. Ensure health and safety, positive image and relationships in the community, increased competence and individualized skill -building, and other expected benefits of Community Access. Services will occur individually or in a group of no more than 2 or 3 individuals with similar interest and needs. 4. Allow a client to discontinue services in order pursue work and to receive employment support at any time. VII. Program Implementation Requirements The Developmental Disabilities Program Implementation Guide, Employment and Community Access Services is incorporated by reference into the Scope of Work as presently adopted or subsequently amended and can be located at http://www.whatcomcounty.us/health/contractingjsp The purpose of the Program Implementation Guide is to detail implementation requirements including policy and procedure for Pathways to Employment and Community Access services. HL_070113_Whatcom County Council on Aging-Adult_DD_Services Page 13 300 EXHIBIT "B" (COMPENSATION) The source of funding for this contract is DSHS/DDA and includes state dollars and federal Medicaid match. Total compensation for the contract is variable, depending upon the number of individual clients and service levels authorized by DSHS/ DDA and the County. This is a vendor agreement and not a subrecipient agreement. The Whatcom County rate structure employs an hourly fee for services system. The County will pay the contractor for services delivered to DSHS/DDA authorized clients. ■ Service levels are individualized, based on assessed client need ■ The service hours authorized for each client is mutually agreed upon by DDA, the County and the contractor. Limits to client service authorizations are established in Washington Administrative Code (WAC) 388-828-7020. ■ Funding is allocated for services delivered to an individual client. The client's service allocation and funding will follow the client in the event that they choose to receive services through another contractor. ■ The billing unit for services is hourly. I. Billing and Payment 1. Invoices and attached service documentation will be subrnitted monthly to the Whatcom County Health Department in the format provided by the County. A complete billing includes both an invoice coversheet and attached client service documentation. The Contractor shall send invoices and service documentation to the following address; Jessica Lee Whatcom County Health Department Human Services Division 509 Girard Street Bellingham, WA 98225 LNee@qo.,whatcom.wa.us 2. The County must receive all invoices and supporting documentation within ten (10) calendar days following the last day of the month for which reimbursement is claimed. If an invoice or required documentation is incorrect, it will be returned to the Contractor. All invoice corrections or modifications must be submitted no later than forty five (45) days after the last day of the month in which the services were provided. 3. Payment by the County will be considered timely if it is made within thirty (30) days of the receipt and acceptance of billing information from the Contractor. The County may withhold payment of an invoice if the Contractor submits it more than thirty (30) days after the expiration of this contract. Invoices and invoice corrections or modifications related to work done prior to December 31 of the contract year will be accepted no later than January 15 following the end of the County fiscal year (i.e. December 31). 4. The Contractor will not be paid for any billings or invoices for services occurring prior to the execution of the Contract or after its termination. 5. The Contractor shall not bill the County for service performed or provided under this contract if the Contractor has been or will be paid for the same service by any other source. Such sources include, but are not limited to, the Division of Vocational Rehabilitation Social Security Work Incentives such as Plans for Achieving Self Support HL_070113 Whatcom County Council on Aging-Adult_DD_Services Page 14 301 (PASS), or Impairment Related Work Expense (IRWE). The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. 6. 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. 7. A total annual funding authorization for all clients will be communicated to the contractor at the start of the contract year. The funding authorization may be amended, based on use, over the course of the contract year without contract amendment. Expenditures may not exceed the total funding authorization approved by the County and in no case will exceed the total available funding restricted to these services II. Reporting 1. Reporting on client services will be made monthly with the invoice for services through the established DSHS/DDA County Billing and Reporting process in the format provided by the County. Data elements and definitions for each category of service are outlined by DSHS/DDA in the CMIS billing instructions found at: http://wwwl .dshs,wa,gov/DDA/counties.shtml 2. The Contractor will provide other reports as developed and required by DSHS /DDA and the County during the term of the contract. III. Additional Provisions 1. In determining the service level associated with each individual client, the primary service obligation is to meet the needs of the individual client related to his or her service goals, within the limits and requirements established in Washington Administrative Code (WAC). 2. Service levels proposed by the contractor must be approved by the County and authorized by the DDA Case Resource Manager. (CRM) 3. Payment will be made on an hourly basis for all staff support hours provided, up to, but not to exceed the monthly support hours authorized for each client. 4. Authorized service levels documented in the DSHS/Case Management Information System (CMIS) database will take precedence in the event of any inconsistency or conflict. The current maximum authorized service level will be downloaded from the DSHS/CMIS database and provided to the Contractor on the monthly billing report. 5. The Contractor may propose a change in service level through the process established in the County Program Implementation Guide. 6. Funds received from the County shall not be used to provide cash benefit to the supported individual, whether salary, bonuses, or benefits. 7. The Contractor agrees to assign to the County its Medicaid waiver billing rights for services to DDA clients eligible under Title XIX programs. If the Contractor chooses to contract directly with DSHS to provide covered services under Title XIX, those services will not be billed to the County. (See Exhibit D) HL_070113 Whatcom County Council on Aging-Adult_DD_5ervices Page 15 302 IV: Reimbursement Rates for Pathways to Employment and Community Access Services Service Description Rate Funding source Type Individual Individualized staff support authorized u2 $67/hour DSHS/DDA Funding in Employment to 23 hours a month per client accordance with BARS 568.64 Individual Individualized staff support authorized $45/hour DSHS/DDA Funding in Employment greater than 23 hours a month per client * accordance with BARS 568.64 Group Shared staff support within the GSE $62/hour DSHS/DDA Funding in supported setting and individualized staff support accordance with BARS employment outside of the GSE setting as authorized 568.62 Community Individualized support in integrated $30/hour DSHS/DDA Funding in Access community settings accordance with BARS 568.67 *i.e. service levels authorized above 23 hours a month will be paid at a lower hourly rate. Both the rate and the service level are attached to the client's authorization approved by DSHS/DDA. This means that if the actual number of hours provided falls below 23, the lower hourly rate will still apply. V. Other Reimbursable Activities Activity Description Reimbursement Funding source Training for Contractor's staff Reimbursement for actual costs, DSHS/DDA Staff for the purpose of improving, pre -approved by the County. Funding in i Training or enhancing job -related Travel and accommodation accordance with knowledge and skills in the costs will be reimbursed BARS 568.31 provision of developmental according to Section 8.3 in the And local funds disabilities services. County Implementation Guide Partnership Time spent in collaboration $55/hour not to exceed funding DSHS/DDA Project with school districts, Division authorized in writing by the funding in (School to of Vocational Rehabilitation County per eligible student. accordance with Work) staff, families, employers and BARS 568.94 other community collaborators to provide Billable activities include those employment services to listed in Exhibit A, Scope of And local funds young adults with Work, Section III B. developmental disabilities during the school year they turn 21. HL_070113_Whatcom County Council on Aging-Adult_DD_Services Page 16 303 EXHIBIT "C" (CERTIFICATE OF INSURANCE) HL_070113_Whatcom County Council on Aging-Adult_DD_Services Page 17 WhatCCA4 ' Non 'r0-ft I n u r and t oc r m CE R.:F I C d► -.0 :� N RANC � <Ss�,� o�I r 1�:���.7 2�z 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ------------------------------------------------------------------------------------------------ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER cCtIVIP1iNlES AFFORDING Ccs�FERAdE ... GENERAL LIABILITY Canfield American Alternative Insurance Corporation 451 Diamond Drive Ephrata, WA 98823 [INSURED I Whatcom County Council on Aging 315- Halleck St Bellingham, WA 98225 COVERAGES AUTOMOBILE LIABILITY American Alternative Insurance Corporation PROPERTY American Alternative Insurance Corporation MISCELLANEOUS PROFESSIONAL LIABILITY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE:OF tNSURANCE ' .. " BOLIGY k' U' MBER' PCJLICY EFF :::: REXL; ?f :O-Xp -: _>; DESG}t[PTION:.;:;> ?E:::::3::::::: :LIMIT DATE GENERAL ' tABILIWY ` . . COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013-04 06/01/2012 06/01/2013 PER OCCURRENCE $5,000,000 OCCURRENCE FORM PER MEMBER AGGREGATE $10,000,000 INCLUDES STOP GAP PRODUCT-COMP/OP $5,000,000 PERSONAL & ADV. INJURY $5,000,000 (LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 .. .. . AUTQNIQ6IL � . -. ..:. - .. .... ... E LIABILTY - :. .::..::: ...:: . ... ..: _:. :.:.:. _::::.:: .::::.:::. - - - - ANY AUTO N1-A2-RL-0000013-04 06/01/2012 06/01/2013 COMBINED SINGLE LIMIT $5,000,000 LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS ANNUAL POOL AGGREGATE NONE . - EROPERTIf .;.; :. :. N1-A2-RL-0000013-04 06/01/2012 06/01/2013 ALL RISK PER OCC EXCL EQ & FL $50,000,000 EARTHQUAKE PER OCC EXCLUDED FLOOD PER OCC EXCLUDED (PROPERTY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE MISCELLANEOUS PROFESSIONAL LIABILITY 06/01/2012 06/01/2013 PER CLAIM (LIABILITY IS SUBJECT TO A SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE DESCRIPTION OFPP.gRA FOL4S/LOCATIONSIVEH1CLEVVEGIAL-ITEMS Evidence of Insurance. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE VVI1 rl I[it rVLll..T F'KUV IDIUNJ. ..... .. . IF....... . M RE EnIr{►1r[ ItE ` .:.>: : > WCHHS /J � 1000N. Forest St., Ste. 203 Bellingham, WA 98225 9 2611579 305 EXHIBIT "T (ASSIGNMENT OF MEDICAID BILLING RIGHTS) The County, through its agreement with the Department of Social and Health Services (DSHS), Developmental Disabilities Administration (DDA), must ensure that all County contracted providers assign their Medicaid waiver billing rights to the County. DSHS, as the single state Medicaid agency, has administrative authority for Title XIX coverage of services for people with developmental disabilities per 42 CFR 431.10. The County only has responsibility for services covered under its contract with DSHS/DDA. The Contractor agrees, by signing below, to assign to the County its Medicaid waiver billing rights for services to DDA clients eligible under the Title XIX programs. If the Contractor chooses to contract directly with DSHS to provide covered services under Title XIX, those services will not be billed to the County. Authorized are HL_070113_Whatcom County Council on Aging-Adult_DD Services j,� ,5/�,--f ; � - Date Page 18 CM* WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-222 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: pi 5/2/13 6/18/13 Fin/Council Division Head: Dept. Head: Prosecutor: d1g 05121113 Purchasing/Budget: 5/21/13 Executive: 4/16/131 TITLE OF DOC : Contract between Whatcom County and Service Alternatives, Inc. ATTACHMENTS: 1. Contract Info Sheet 2. Memo to Executive 3. 2 Originals of Contract Agreement SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible adults with developmental disabilities. Pathways to Employment services are services designed to assist individuals with developmental disabilities to pursue and maintain paid employment in community settings. Community Access Services are designed to assist individuals to participate in activities, events, and organizations in the community in ways similar to other adults of retirement age without disabilities. Through this program in 2012 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. Total compensation under this contract will vary depending on the number of clients and the types of services authorized, however the estimated authorized service level is $375,450.00 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. 307 WHATCOM COUNTY HEALTH DEPT. 509 Girard St. Bellingham, WA 98225 MEMORANDUM TO: Jack Louws, County Executive FROM: Regina A. DelMununt, Director Regina A. Delahunt Director RECEIVcD JUN 5- 20 3 JACK LOUW, COUNTY EXECUTIVE RE: Service Alternatives, Inc., New Contract for Services to Individuals with Developmental Disabilities DATE: June 3, 2013 Enclosed are two (2) originals of contract between Whatcom County and Service Alternatives for your review and signature. ■ Background and Purpose The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase independence and inclusion in the community. In 2012 an average of 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. ■ Funding Amount and Source The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. Funding includes state dollars and federal Medicaid match. Total compensation under this contract will vary depending on the number of clients and the types of services authorized, however -the estimated authorized service level is $375,450.00. County Council approval is required and an Agenda Bill is attached. ■ Differences from Previous Contract This is a new contract being issued pursuant to RFQ #13-25. Please contact Jessica Lee at extension 32014, if you have any questions or concerns regarding the terms of this agreement. Encl. 308 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Health Contract Administrator: Jessica Lee Contractor's / Agency Name: Service Alternatives, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes No If yes, previous number(s): Is this a grant agreement? Yes No _X_ If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes X No If yes, associated Whatcom County grant contract number(s) TBD (DSHS/DDD Revenue Contract in Process) Is this contract the result of a RFP or Bid process? Contract Yes X No If yes, RFP and Bid number(s) RFQ# 13-25 Cost Center: 673800 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 $ varies depending on number ofclients and 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 types of services authorized agenda bill and supporting memo. If less than these thresholds, just submit to This Amendment Amount: Executive with supporting memo for approval. Total Amended Amount: Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase the individual's independence and inclusion in the community. Term of Contract: 7/1/2013 — 6/30/2014 1 Expiration Date: 6/30/14 Contract Routing Steps & Signoff [sign or initial] [indicate date transmitted] 1. Prepared by: pj Date 5/2/13 [electronic] 2. Attorney reviewed: _ Daniel L. Gibson , Date 05121113_ [electronic] 3. AS Finance reviewed: mdc Date 5/21/13 [electronic] 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff: Daniel L. Gibson Date 05121113 7. Contractor signed: Date 5- 2 Z. y 3 8. Submitted to Exec Office Date (, -5--t 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 309 Whatcom County Contract No. CONTRACT FOR SERVICES d O l,3 0 6 0 (-) (, Employment Services Service Alternatives, Inc., hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 9 , Exhibit A (Scope of Work), pp. 10 to 14 , Exhibit B (Compensation), pp. 15 to 17 , Exhibit C (Certificate of Insurance), p. 18 , Exhibit D (Assignment of Medicaid Billing Rights), p..._19_, Exhibit E (E-Verify Declaration), p. 19 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 15t day of July, 2013, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30th day of June, 2014, The general purpose or objective of this Agreement is to: provide employment or retirement services to individuals with developmental disabilities, 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 will vary, depending upon the number of clients authorized for service by the Washington State Department of Social and Health Services, Division of Developmental Disabilities. 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 2013. CONTRACTOR: Service Alternatives, Inc. (Type in Name & Title of Signatory) STATE OF WASHINGTON ) COUNTY OF ��- I t� n�) _ On this.?? day of,,�.- 2013, before me personally appeared _ tome known to be the �? -�a' 8� (title) of ' pany) and who executed the above instru nt whoa kn dged to me the act of signing and sealing thereof. N1. OTARY PUBL in and for the State of n ton, residing at 2�e', f8. My commission expires F- HL-070113—Service 310 WHATCOM COUNTY: Re mmended ff Approval: Anne beacon, Human Services Manager Date' to Reg . Delahunt, Department Director a e 717 d as to form: EI zabeth L. Gallery, Deputy Prosecuting Attor ate 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 Service Alternatives, Inc. 909 S E Everett Mall Way, Ste. C-345 Everett, WA 98208 Contact: Anton Saunsaucie, Director of Community and Employment Services Phone: 425-328-6089 Email: asaunsaucie@servalt-ces.com HL_070113_Service Alternatives Inc-Adult_DD_Services Page 2 311 GENERAL CONDITIONS Series 00-09: Provisions Related to Nature and Purpose of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10A Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than four 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 Contractors receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. HL_070113 Service Alternatives Inc-Adult—DD Services Page 3 312 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 Indeoendent 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. HL 0701 13Service Altematives Inc-Adult_DD,Services Page 4 313 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. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory, a. Professional Liability - $1,000,000 per occurrence: If the professional liability insurance is a claims made policy, and should the contractor discontinue coverage either during the term of this contract or within three years of completion, the contractor agrees to purchase tail coverage for a minimum of three years from the completion date of this contract or any amendment to this contract. Professional Liability - $1,000,000 per occurrence 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: HL_070113_Service Alternatives Inc-Adult_DD_Services Page 5 314 The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37A 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 HL 070113 Service Alternatives Inc -Adult —DID —Services Page 6 315 Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement, The Administrative Officer for purposes of this agreement is: Jessica Lee, Developmental Disabilities Program Specialist Whatcom County Health Department 509 Girard Street Bellingham, WA 98225 (360) 676-6724 ext.#32014 illeee,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 ftarding Federal debarment Suspension, Ineligibility and Voluntal.y 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 : 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 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. HL 070113—Service Alternatives Inc-Adult—DD. Services Page 7 316 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 , 21.11 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 070113 Service Alternatives Inc -Adult_, DD Services Page 8 317 EXHIBIT "A" (SCOPE OF WORK) I. Background The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services assist working age adults pursue and maintain paid employment in integrated community settings. Community Access Services increase independence and inclusion in the community for those in retirement or no longer seeking employment. All services are individualized to reflect the individual's interests, strengths, gifts, talents, and service goals. This contract reflects the community values and goals of the Whatcom County Developmental Disabilities Advisory Board, the Whatcom County Developmental Disabilities program, the Washington Department of Social and Health Services (DSHS) work order for the current biennium and the County Guidelines published by QSNS and available at http://www.dshs.wa.Gov/pdfladsaldtld/c_guidelines,pdf, IL Service Types The contractor has applied for and been accepted as a qualified provider for the services indicated, below, E✓f Individual Supported Employment ❑ Group Supported Employment Q Community Access These services are defined in the table below, based on the definitions found in the DSHS/ Budgeting, Accounting, and Reporting System (BARS). HL_070113_Service Altematives Inc-Adult_DD_Services Page 9 Service Tyt Individual Supported Employment (BARS 568,64) Group Supported Employment (BARS 568.62) Access Services (BARS 568,67) Service Description ■ These services are part of an individual's pathway to integrated employment in typical community jobs. ® These are individualized services necessary to help persons with developmental disabilities obtain and continue integrated employment at or above the state's minimum wage in the general workforce. ® These services may include intake, discovery, assessment, job preparation, job marketing, job supports, recordkeeping and on -going support to maintain a job. ■ These services are part of an individual's pathway to integrated employment in typical community jobs. m These services are intended to be short term and offer ongoing supervised employment for groups of no more than eight (8) workers with disabilities in the same setting. A The service outcome of GSE is sustained paid employment leading to further career development in integrated employment at or above minimum wage. ■ Examples include enclaves, mobile crew and other business models employing small groups of workers with disabilities in integrated employment in community settings. These individualized services are provided in typical integrated community settings for individuals in retirement. Services will promote individualized skill development; independent living and community integration for person's to learn how to actively and independently engage in their local community. Activities will provide opportunity to develop relationships and to learn, practice and apply skills that result in greater independence and community inclusion. These services may be authorized instead of employment support for working age individuals who have received nine months of employment support, have not found a job and decide not to continue looking far work. H!._070113_Seriice Altematives Inc -Adult —DID —Services ® Establish employment opportunities for participants in local businesses on a one-person/one-job basis, self-employment, or other paid work options regardless of the level of disability • Develop relationships with and support from co- workers without disabilities (i.e. Natural supports) ® Earn sufficient wages to increase self-sufficiency and meet or exceed living expenses (i.e. earning a living wage) ® Develop job and life skills necessary to lead a more independent life ® Make measurable progress toward the individual's employment goals_ _ • Establish supervised employment and training opportunities for small groups of participants within local business, industry and community settings. • Develop relationships with and support from co- workers without disabilities (i.e. Natural supports) • Earn sufficient wages to increase self-sufficiency and meet or exceed living expenses (i.e. earning a living wage) ® Develop job and life skills necessary to lead a more independent life ■ Make measurable progress toward the individual's employment goals ® Participation in integrated community activities of clients' choice similar to individuals without disabilities of the same age. ® Membershipileadership in local community clubs and associations based on interest and culture ■ Foster connections between persons with disabilities and persons without disabilities who are not paid developmental disabilities staff ■ Enhance or maintain the persons' competence, integration, physical or mental skill. Page 10 319 III. Statement of Mork The Contractor will develop an individualized service plan for each client based on his or her interests, skills and abilities. Support will be provided as defined below to make measureable progress toward the client's service goals as outlined in the plan. A. Client support "Support" provided in the implementation of client services, as referenced herein, is defined as staff time spent on behalf of the program client to achieve community employment or access goals. In addition to those activities specifically outlined within the billable activities, below, "support" when used within a definition typically refers to one of the three following activities: Monitoring of client employment or community access activities (e.g., ensuring safety, quality etc.); Providing verbal or physical reminders or prompts for the client to successfully complete or engage in employment or community access activities; or Providing partial or total 1:1 physical assistance to allow the client to successfully complete or engage in employment or community access activities. B. Pathway to Employment Billable Support Activities Pathway to Employment includes both Individual Employment (IE) and Group Supported Employment (GSE). Billable support activities for Pathway to Employment services are found on the Washington State Department of Social & Health Services Developmental Disabilities Administration (DSHS/DDA) website, and may be amended or updated with prior notification by the County without a contract amendment. htto)llwww.dshs.wa.gov/odf/adsa/ddd/CO°/a2Q°I�2O %20and%20Billable%o20Activities.pdf C. Community Access Billable Support Activities Billable support activities for Community Access services are found on the DSHS/DDA website, and may be amended or updated with prior notification by the County without a contract amendment. httn /lyvww dshs.wa.qov/odf/adsa/dddlCO%20%20Community%20Access o20Billable%2QActivities.gdf D. Individualized Plan for Services The Contractor is required to have a written, individualized service plan for each client, completed within 60 days of County authorization. This individual plan is meant to be the "driver" or basis for support services delivered by the Contractor. The individual plan must be updated and reviewed at least annually by the planning team, as described below. The individual plan requires the development of a planning team including the client, client's guardian when applicable, DSHS/DDA Case Resource Manager, and others identified by the client to provide input. At a minimum, the DSHS/DDA Case Resource Manager and the individual/guardian will receive a copy of the completed plan. Other members of the planning team may request a copy with the client's permission, Required elements of both Pathways to Employment and Community Access plans are outlined in the County Program Implementation Guide, referenced in Section VII. HL 070113 Service Altematives tnc-Adult_DD Services Page 11 320 E. Progress Updates For all clients, the Contractor shall document measureable progress toward achieving the individual's service goals every 6 months in a format approved by the County. Six (6) month progress updates must be sent to the DSHS/DDA Case Resource Manager and the client/guardian. If clients receiving individual Employment or Group Supported Employment services have not obtained paid employment at minimum wage or better within six (6) months the contractor will: ® Review the progress toward service goals ® Provide evidence of consultation with the family/client ® Develop additional strategies with the family/client, county staff, employment support staff and case manager as appropriate. Strategies may include technical assistance, changing to a new provider and/or additional resources as needed to support employment goals. ® Document the additional/new strategies developed for each client with the client's file. If after 12 months the client remains unemployed, an additional review will be conducted. The Contractor will address steps outlined in the previous six month progress report in the next 6 month progress report. The client may request to participate in Community Access activities or the client can choose to remain in an employment program. Individuals requesting to participate in Community Access activities will be referred to his/her DSHS/DDA Case Resource Manager. V. Service Requirements A. All Services will: 1. Be individualized and unique to the client's Individualized Pathway to Employment or Community Access Plan. 2. Ensure continued movement toward inclusive settings, integration and connection with others in the community without disabilities. 3. Provide supports in a variety of settings and in a broad range of activities that will contribute to his/her individual service goals. 4. Provide staff and training interventions at appropriate levels to safely and effectively meet the needs of the clients. 5. Promote independence through skill development and training, including the effective use of public transportation. 6. Implement curriculum, work activities, routines, and other materials used to facilitate learning that are relevant to the age and individual needs of each client. 7. Emphasize the development of natural community supports for clients, in conjunction with, but not an over- reliance on, public funds. Natural supports are those provided by individuals in the work or community environment who are not paid to support the client. 8. Demonstrate measurable progress toward achieving the client's individualized service goals. 9. Include at minimum monthly contact by the contractor. 10. Provide support to the client at a service level proposed by the Contractor, approved by the County and authorized by the DSHS/DDA Case Resource Manager. Service levels will be authorized in accordance with: ® Washington Administrative Code (WAC) 388-828-9325 through 9360 for Employment Services HL_070113_Service Artematives Inc-Adult_DD_Services Page 12 321 Washington Administrative Code (WAC) WAC 388-828-9300 through 9310 for Community Access Services County Implementation Guide for Employment and Corn munity Access Services B. All Employment Services will: 1. Emphasize maximum integration with co-workers without disabilities. All efforts will be made to promote employer responsibility for workers with disabilities, including exploration of direct employment of clients by the business/industry in Group Supported Employment, 2. Ensure that pay for work performed is commensurate with pay to other employees doing the same type and amount of work. 3. Ensure that all individuals, regardless of their disability, are provided the opportunity to pursue employment. Some participants may need more support than others and may spend a significant amount of time in activities that will prepare the participant for future community employment. C. Group Supported Employment (GSE) will: 1. Ensure paid work/paid training is available for all clients authorized for these services. In the event that contracted work is no longer available or insufficient to maintain a GSE work site, the provider is expected to notify the County to determine appropriate next steps related to client authorization. 2. Ensure compensation in accordance with applicable federal and state laws and regulation. This includes, but is not limited to section 14 (C) of the Federal Fair Labor Standards Act (FLSA), RCW 39.12.022 and WAC 299-127-400 through 407 related to payment of sub -prevailing wage. 3. Work towards establishing permanent integrated employment at or above minimum wage. G. Community Access Services will: 1. Focus on activities that are typically experienced by the general public. Support to participate in segregated activities and/or specialized activities will not be reimbursed. Segregated and specialized activities are those which are organized and designed for individuals based on their disability. 2. Not be provided simultaneously with employment services. 3. Ensure health and safety, positive image and relationships in the community, increased competence and individualized skill -building, and other expected benefits of Community Access. Services will occur individually or in a group of no more than 2 or 3 individuals with similar interest and needs. 4. Allow a client to discontinue services in order pursue work and to receive employment support at any time. Vll. Program Implementation Requirements The Developmental Disabilities Program Implementation Guide, Employment and Community Access Services is incorporated by reference into the Scope of Work as presently adopted or subsequently amended and can be located at http:l/www.whatcomcounty.us/health/contractina.isa The purpose of the Program Implementation Guide is to detail implementation requirements including policy and procedure for Pathways to Employment and Community Access services. HL 070113_Service Alternatives Inc-Adult,DD Services Page 13 322 EXHIBIT "B" (COMPENSATION) The source of funding for this contract is DSHS/DDA and includes state dollars and federal Medicaid match. Total compensation for the contract is variable, depending upon the number of individual clients and service levels authorized by DSHS/ DDA and the County. This is a vendor agreement and not a subrecipient agreement. The Whatcom County rate structure employs an hourly fee for services system. The County will pay the contractor for services delivered to DSHS/DDA authorized clients. ® Service levels are individualized, based on assessed client need ® The service hours authorized for each client is mutually agreed upon by DDA, the County and the contractor. ® Limits to client service authorizations are established in Washington Administrative Code (WAC) 388-828-7020. ® Funding is allocated for services delivered to an individual client. The client's service allocation and funding will follow the client in the event that they choose to receive services through another contractor, ® The billing unit for services is hourly. L Billing and Payment 1. Invoices and attached service documentation will be submitted monthly to the Whatcom County Health Department in the format provided by the County. A complete billing includes both an invoice coversheet and attached client service documentation. The Contractor shall send invoices and service documentation to the following address: Jessica Lee Whatcom County Health Department Human Services Division 509 Girard Street Bellingham, WA 98225 flee co.whatcom,wa,us 2. The County must receive all invoices and supporting documentation within ten (10) calendar days following the last day of the month for which reimbursement is claimed. If an invoice or required documentation is incorrect, it will be returned to the Contractor. All invoice corrections or modifications must be submitted no later than forty five (45) days after the last day of the month in which the services were provided. 3. Payment by the County will be considered timely if it is made within thirty (30) days of the receipt and acceptance of billing information from the Contractor. The County may withhold payment of an invoice if the Contractor submits it more than thirty (30) days after the expiration of this contract. Invoices and invoice corrections or modifications related to work done prior to December 31 of the contract year will be accepted no later than January 15 following the end of the County fiscal year (i.e. December 31), 4. The Contractor will not be paid for any billings or invoices for services occurring prior to the execution of the Contract or after its termination. 5. The Contractor shall not bill the County for service performed or provided under this contract if the Contractor has been or will be paid for the same service by any other source, Such sources include, but are not limited to, the Division of Vocational Rehabilitation Social Security Work Incentives such as Plans for Achieving Self Support HL 070113 Service Altematives Inc-Adult_DD Services Page 14 323 (PASS), or Impairment Related Work Expense (IRWE). The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. 6. 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. 7. A total annual funding authorization for all clients will be communicated to the contractor at the start of the contract year. The funding authorization may be amended, based on use, over the course of the contract year without contract amendment. Expenditures may not exceed the total funding authorization approved by the County and in no case will exceed the total available funding restricted to these services II. Reporting 1. Reporting on client services will be made monthly with the invoice for services through the established DSHS/DDA County Billing and Reporting process in the format provided by the County. Data elements and definitions for each category of service are outlined by DSHS/DDA in the CMIS billing instructions found at: http://wwwl .dsh s. wa..qov/DDA/counties,shtm] 2. The Contractor will provide other reports as developed and required by DSHS /DDA and the County during the term of the contract. III. Additional Provisions 1. In determining the service level associated with each individual client, the primary service obligation is to meet the needs of the individual client related to his or her service goals, within the limits and requirements established in Washington Administrative Code (WAC). 2. Service levels proposed by the contractor must be approved by the County and authorized by the DDA Case Resource Manager. (CRM) 3. Payment will be made on an hourly basis for all staff support hours provided, up to, but not to exceed the monthly support hours authorized for each client. 4. Authorized service levels documented in the DSHS/Case Management Information System (CMIS) database will take precedence in the event of any inconsistency or conflict. The current maximum authorized service level will be downloaded from the DSHS/CMIS database and provided to the Contractor on the monthly billing report. 5. The Contractor may propose a change in service level through the process established in the County Program Implementation Guide. 6. Funds received from the County shall not be used to provide cash benefit to the supported individual, whether salary, bonuses, or benefits. 7. The Contractor agrees to assign to the County its Medicaid waiver billing rights for services to DDA clients eligible under Title XIX programs. If the Contractor chooses to contract directly with DSHS to provide covered services under Title XIX, those services will not be billed to the County, (See Exhibit D) HL 070113_Service Altematives Inc-Adult_DD_Services Page 15 324 IV: Reimbursement Rates for Pathways to Employment and Community Access Services Service :Description Rate Funding soutco 1 TY06 Individual Individualized staff support authorized up $67/hour DSHS/DDA Funding in Employment to 23 hours a month per client accordance with BARS i 568.64 Individual Individualized staff support authorized $45/hour DSHS/DDA Funding in Employment greater than 23 hours a month per client * accordance with BARS 568.64 Group Shared staff support within the GSE $62/hour DSHS/DDA Funding in supported setting and individualized staff support accordance with BARS employment outside of the GSE setting as authorized 568.62 CommunityM Individualized supporf in integrated $30/hour DSHS/DDA Funding inw Access community settings accordance with BARS _ 568.67 *i.e. service levels authorized above 23 hours a month will be paid at a lower hourly rate. Both the rate and the service level are attached to the client's authorization approved by DSHS/DDA. This means that if the actual number of hours provided falls below 23, the lower hourly rate will still apply. V. Other Reimbursable Activities Activity Description Reimbursement Funding source Training for Contractor's staff Reimbursement for actual costs, DSHS/DDA Staff for the purpose of improving, pre -approved by the County. Funding in Training or enhancing job -related Travel and accommodation accordance with knowledge and skills in the costs will be reimbursed BARS 568.31 provision of developmental according to Section 8.3 in the And local funds disabilities services. _ i�County Implementation Gul'de Partnership Time spent in collaboration $55/hour not to exceed funding DSHS/DDA Project with school districts. Division authorized in writing by the funding in (School to of Vocational Rehabilitation County per eligible student, accordance with Work) staff, families, employers and BARS 568.94 other community collaborators to provide Billable activities include those employment services to listed in Exhibit A, Scope of And local funds young adults with Work, Section III B. I developmental disabilities during the school year they turn i HL_070113_Service Altematives Inc -Adult —DID —Services Page 16 325 EXHIBIT "C" (CERTIFICATE OF INSURANCE) HL_070113_Service Altematives Inc -Adult DD,Services Page 17 326 JtKVI-L Vr iu: rr �- CERTIFY ATE OF LIABILITY INSI .ANCE DATE (MM/DD/YYYY) 05/17/2013 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 Phone: 425-485-9552 CONTACT NAME:Brunni-Colath 117270 Wdnvl Rdmd Rd NE # A-747 Fax: 425-483-5291 Woodinville, WA 98072 Christie LSamples PHONE N.Ext : A/C, No : ._ E-MAIL ADDRESS: —.T INSURER(S) AFFORDING COVERAGE _ NAIC # INSURER A: Philadelphia Indemnity Ins Co _ INSURED Service AlternativeS Inc P. O. Box 595 Coupeville, WA 98239 INSURER B: _ INSURERC: INSURER D . 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I OF INSURANCE ADOLTYPE INSR SUER POLICY NUMBER M/D MDfYYYY M EXP M/DDOL'C/YY Y LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1X1 OCCUR X PHPK1018784 05/22/2013 05/22/2014 EACH OCCURRENCE $ 1,000,000 -DAMAGE TO RENTED PREMISES Ea occurrence $ 100 000 MED EXP (Any one person) _ $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 _ GENERAL AGGREGATE $ 3,000,00 GENT AGGREGATE LIMIT APPLIES PER: X POLICY PRO jFCTLOC PRODUCTS - COMP/OP AGG $ 3,000,00 Prof Liab $ 1,000,00 A AUTOMOBILE LIABILITY JX ANY AUTO OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS �Xx NON -OWNED AUTOS PHPK1018784 l 05/22/2013 05/22/2014 I I COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person)ALL BODILYINJURY(Peraccident) $ PROPERTY DAMAGE Per accident $ $ A UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE �PHUB420412 05/22/2013 05/22/2014 j EACH OCCURRENCE_ $ 5,000,000 AGGREGATE $ DED 1 X I RETENTION $ _ _5,000,00 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? El (Mandatory in NH) if yes, describe under DESCRIPTION OF OPERATIONS below N / A I PHPK1018784 STOP GAP 05/22/2013 05/22/2014 WC STATU- I JOTH- TORY LIMITS I ' ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) It is hereby agreed that Whatcom County Health Department is added as Additional Insured as respects insureds operations. Form CG 2026 attached. l.tK 111-11-A 1 t HL)LULK L AN1-tLLA I IVN WHATHE1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Whatcom County Health THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. Department 509 Girard St. AUTHORIZED REPRESENTATIVE Bellingham, WA 98225 I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 327 EXHIBIT "D" (ASSIGNMENT OF MEDICAID BILLING RIGHTS) The County, through its agreement with the Department of Social and Health Services (DSHS), Developmental Disabilities Administration (DDA), must ensure that all County contracted providers assign their Medicaid waiver billing rights to the County, DSHS, as the single state Medicaid agency, has administrative authority for Title XIX coverage of services for people with developmental disabilities per 42 CFR 431.10. The County only has responsibility for services covered under its contract with DSHSIDDA. The Contractor agrees, by signing below, to assign to the County its Medicaid waiver billing rights for services to DDA clients eligible under the Title XIX programs. If the Contractor chooses to contract directly with DSHS to provide covered services under Title XIX, those services will not be billed to the County. Authorized Signature HL 070113 Service A(tematives Inc -Adult —DID. -Services Date Page 18 EXHIBIT "E" - (E-Verify Declaration) 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 Whatcorn 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:y,_b i f� SIGNATURE: w PR1N FED NAME: HL_079113_Service Altematives inc-Adult_DD_Services Page 19 329 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-223 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: PJ 5/2/13 �[-' ` � ' �-" JU N 11 202 1eP-� MATC COUNTY COUNCIL 6/18/13 Fin/Council Division Head: I Dept. Head: I Prosecutor: d1g 05121113 Purchasing/Budget: m aul 5/21/13 Executive: G Ot O /,,i TITLE OF DOC ontract between Whatcom County and Work Opportunities ATTACHMENTS: 1. Contract Info Sheet 2. Memo to Executive 3. 2 Originals of Contract Agreement SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. The purpose of this contract is to provide "Pathways to Employment'' and "Community Access" services to eligible adults with developmental disabilities. Pathways to Employment services are services designed to assist individuals with developmental disabilities to pursue and maintain paid employment in community settings. Community Access Services are designed to assist individuals to participate in activities, events, and organizations in the community in ways similar to other adults of retirement age without disabilities. Through this program in 2012 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. Total compensation under this contract will vary depending on the number of clients and the types of services authorized, however the estimated authorized service level is $293,266.00 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. 330 WHATCOM COUNTY HEALTH DEPT. 509 Girard St. Bellingham, WA 98225 MEMORANDUM TO: Jack Louws, County Executive FROM: Regina A. r1ahunt, Director Regina A. Delahunt Director JIJN 7 - 101113 JACK LOLIVAVS' RE: Work Opportunities, New Contract for Services to Individuals with Developmental Disabilities DATE: June 5, 2013 Enclosed are two (2) originals of contract between Whatcom County and Work Opportunities for your review and signature. ■ Background and Purpose The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase independence and inclusion in the community. In 2012 an average of 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. ■ Funding Amount and Source The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. Funding includes state dollars and federal Medicaid match. Total compensation under this contract will vary depending on the number of clients and the types of services authorized, however the estimated authorized service level is $293,266.00. County Council approval is required and an Agenda Bill is attached. ■ Differences from Previous Contract This is a new contract being issued pursuant to RFQ #13-25. Please contact Jessica Lee at extension 32014, if you have any questions or concerns regarding the terms of this agreement. 331 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. r-�®r 06 Originating Department: Health Contract Administrator: Jessica Lee Contractor's / Agency Name: Work Opportunities 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 X No If yes, associated Whatcom County grant contract number(s) TBD (DSHS/DDD Revenue Contract in Process) Is this contract the result of a RFP or Bid process? Contract Yes X No If yes, RFP and Bid number(s) RFQ# 13-25 Cost Center: 673800 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 $ varies depending on number ofclients and 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 types ofservices authorized agenda bill and supporting memo. If less than these thresholds, just submit to This Amendment Amount: Executive with supporting memo for approval. Total Amended Amount: Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase the individual's independence and inclusion in the community. Term of Contract: 7/1/2013 - 6/30/2014 1 Expiration Date: 6/30/14 Contract Routing Steps & Si ng off: [sign or initial] Fidicate date transmitted] 1. Prepared by: pi Date 5/2/ 13 [electronic] 2. Attorney reviewed: Daniel L. GlbsQn Date 05121113 [electronic] 3. AS Finance reviewed: mdc i Date 5/21/13 [electronic] 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff: Daniel L. Gibson Date_05/21/13 7. Contractor signed: Date 5-29-13 8. Submitted to Exec Office Date - 7 - / 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 332 NAL R11(,Whatcorn County Contract No. 3 O'31 CONTRACT FOR SERVICES 261,306 0/ Employment Services Work Opportunities hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp.I_ to 9 Exhibit A (Scope of Work), pp. _10 to 14 Exhibit B (Compensation), pp. _15 to 17 Exhibit C (Certificate of Insurance), p. _L8 , Exhibit D (Assignment of Medicaid Billing Rights), p. 19 Exhibit E (E-Verify Declaration), p. _19 Copies of these items are attached hereto and incorporated herein by this reference as K fully set forth herein. The term of this Agreement shall commence on the I st day of July, 2013, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30'h day of June, 2014. The general purpose or objective of this Agreement is to: provide employment or retirement services to individuals with developmental disabilities, 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 will vary, depending upon the number of clients authorized for service by the Washington State Department of Social and Health Services, Division of Developmental Disabilities. 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 ''j, 30A, 31.2, 32.1, 34.2, and 343, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN 14VITNESS WHEREOF, the parties have executed this Agreement this day of 2011 CONTRACTOR. Work Opportunities V r k7 0( hcus' C- (Type in Name & Title of Signatory) STATE OF WASHINGTON )ss. COUNTY r, " � Z' 1. ,, Z On this day of I\ , 20-13, before me personally appeared Y;o to me kn 0wn to be the(title) of �(C rnpany) 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 7 --2-,, HL-070113—Work Opportunities -Adult —DID —Services Page 1 333 WHATCOM COUNTY: Recommended or Approval: Anne beacon, Human Services Manager Date k'e oa' lr%aAtc� (5 ( RegNa A4eiahunt, Department Director Date Approved as to form: Elizabeth L.0allery, a uty Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2013, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. Work Opportunities 192 E. Bakerview Rd., #202 Bellingham, WA 98226 Contact: Tera Contezac, Whatcom Program Manager Phone: 360.483-7873 Email: tera@workopportunities.org NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires HL_070113_Work Opportunities-Adult_DD_Services Page 2 334 GENERAL CONDITIONS Series 00-09: 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 10A Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than four 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 Contractors 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 livill 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 N 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. HL0701131,81ork Opportunities-Adult—DID—Seirvices 335 Unless specifically stated in Exhibit V' 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 Gusts 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 '13." 211 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 Re -venue 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 Contractors gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: 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: (,I) 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 M County under this clause. 23A Labor Standards: The Con -tractor 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 RCVY 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. Sarkas 30-39: Prowfs1ceis Relaiedta AdaninisbaUcin of AgrasmaW .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 Seniice, and has a tax account livith 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. HL-070113—Work Opportunities-Adijit—DD—Services Page 4 336 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' tees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph, 30.2 Assignment and 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/Goovricht Infrinoement: 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 informations 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 Contractors breach of this provision, 33.1 RLcLht to Review. This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit 'C". This insurance shall be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory. a, Professional Liability - $1,000,000 per occurrence: If the professional liability insurance is a claims made policy, and should the contractor discontinue coverage either during the term of this contract or within three years of completion, the contractor agrees to purchase tail coverage for a minimum of three years from the completion date of this contract or any amendment to this contract. Professional Liability - $1,000,000 per occurrence 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 61 of the Revised Code of Washington, the Industrial Insurance Act, For injuries to its employees and agrees that the obligations to indernnifil, 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 A(Qreement: HL-070,113—Work Opportunities-Adult—DD—Sertic;es Page 5 337 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 persona[ or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party, 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees, 35,2 Non -Discrimination in Client Services: The —Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement-, or subject an individual or business to segregation or separate treatment in any manner related to hisiher/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 Noncomnetition: 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 COLin-bi 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. 371 ' 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 Count Administrative C Ly's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this HL0701 13—Worik Opportunities-Adult—DO—S,:,�niic(as Page 6 Agreement, including the 'County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Jessica Lee, Developmental Disabilities Program Specialist Whatcom County Health Department 509 Girard Street Bellingham, WA 98225 (360) 676-6724 ext.4-32014 illeepeo.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, Ineligibilft 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 ter 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://8pls,amet.gov/. 38.3 E-Verify: The E-Verify contractor program for Whatcom County applies to contracts of $100,000 or more and sub contracts for $26,000 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-Ve0l Program, or any other successor electronic verification system replacing the E-Verify Program. Contractor/Seffer 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 cancel lation/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 Sedes 40-49: PMIsions Related to InearpFatedion 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 Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable, HL-070113—Work Opportunities-Adult—DO—Senilces Page 7 339 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 (l 0) 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. 44A Survival: The provisions of paragraphs 11.1, 112, 113 , 21.1, 22.1, 30.1, 31 A, 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 bebveen the parties, H11 0701'I 3—lPfork Oppoetunities-Adult—DD—Sefvires Page 8 MI sjl The purpose of this contract is to provide "Pathways to Employment' and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services assist working age adults pursue and maintain paid employment in integrated community settings. Community Access Services increase independence and inclusion in the community for those in retirement or no longer seeking employment. All services are individualized to reflect the individual's interests, strengths, gifts, talents, and service goals. This contract reflects the community values and goals of the Whatcom County Developmental Disabilities Advisory Board, the Whatcom County Developmental Disabilities program, the Washington Department of Social and Health Services (DSHS) work order for the current biennium and the County Guidelines published by DSHS and available at http:]/www.dshs.wa.qov/pdf/adsa/ddd/C—guide lines. Of. fl. service jyp�s The contractor has applied for and been accepted as a qualified provider for the services indicated, below, 0 Individual Supported Employment 0 Group Supported Employment 0 Community Access These services are defined in the table below, based on the definitions found in the DSHS/ Budgeting, Accounting, and Reporting System (BARS). HL-070113—Wark Opportunicies-Ad�.iii—OD—Seniices Page 9 341 Service Supported Employment (BARS 568.64) Group Supported Employment (BARS 568,62) Community Access Services (BARS 568.67) These services are part of an individual's pathway to integrated employment in typical community jobs. These are individualized services necessary to help persons with developmental disabilities obtain and continue integrated employment at or above the state's minimum wage in the general workforce. ® These services may include intake, discovery, assessment, job preparation, job marketing, job supports, recordkeeping and on -going support to maintain a job. 3 These services are part of an individual's pathway to integrated employment in typical community jobs. K These services are intended to be short term and offer ongoing supervised employment for groups of no more than eight (8) workers with disabilities in the same setting. W The service outcome of GSE is sustained paid employment leading to further career development in integrated employment at or above minimum wage. 0 Examples include enclaves, mobile crew and other business models employing small groups of workers with disabilities in integrated employment in community settings. M These individualized services are provided in typical integrated community settings for individuals in retirement. a Services will promote individualized skill development; independent living and community integration for person's to learn how to actively and independently engage in their local community. W Activities will provide opportunity to develop relationships and to lean, practice and apply skills that result in greater independence and community inclusion. a These services may be authorized instead of employment support for worldrig age individuals who have received nine months of employment support, have not found a job and decide not to continue looking for work. HL-070113—Work Opportunities-Adult—C)D—Ser.iices * Establish employment opportunities for participants in local businesses on a one-persontone-job basis, self-employment, or other paid work options regardless of the level of disability * Develop relationships with and support from co- workers without disabilities (i.e. Natural supports) * Earn sufficient wages to increase self-sufficiency and meet or exceed living expenses (i.e. earning a living wage) Develop job and Iffe skills necessary to lead a more independent life Make measurable progress toward the individual's • Establish supervised employment and training opportunities for small groups of participants within local business, industry and community settings. • Develop relationships with and support from co- workers without disabilities (Le, Natural supports) Earn sufficient wages to increase self-sufficiency and meet or exceed living expenses (i.e. earning a living wage) Develop job and life skills necessary to lead a more independent life Make measurable progress toward the individual's employment goals * Participation in integrated community activities of clients' choice similar -to individuals without disabilities of the same age. ® Membership/leadership in local community clubs and associations based on interest and culture Foster connections between persons with disabilities and persons without disabilities who are not paid developmental disabilities staff Enhance or maintain the persons' competence, integration, physical or mental skill. Page 10 342 M. Statement of Work The Contractor will develop an individualized service plan for each client based on his or her interests, skills and abilities. Support will be provided as defined below to make measureable progress toward the client's service goals as outlined in the plan. Aa Client support "Support" provided in the implementation of client services, as referenced herein, is defined as staff time spent on behalf of the program client to achieve community employment or access goals. In addition to those activities specifically outlined within the billable activities, below, "support" when used within a definition typically refers to one of the three following activities: Monitoring of client employment or community access activities (e.g., ensuring safety, quality etc.); Providing verbal or physical reminders or prompts for the client to successfully complete or engage in employment or community access activities; or Providing partial or total 1:1 physical assistance to allow the client to successfully complete or engage in employment or community access activities. B. Pathway to Ernpiloyment Billable Support Activities Pathway to Employment includes both Individual Employment (IE) and Group Supported Employment (GSE). Billable support activities for Pathway to Employment services are found on the Washington State Department of Social & Health Services Developmental Disabilities Administration (DSHS/DDA) website, and may be amended or updated with prior notification by the County without a contract amendment. http://,AiA,vjv.dshs.wa.aov/i)dr/adsa/ddd/CO�/�20`/*2OEmployment%2OPhases�/`20and`/`20Billable%2OActivities.pdf C. Corn, munity Access Billable Support Activities Billable support activities for Community Access services are found on the DSHS/DDA website, and may be amended or updated with prior notification by the County without a contract amendment. http://imwm.dshs.iNa.qov/odf/adsa/ddd/CO�/a20�/�2OCommunity°/`20Access%2OBillable%20Acfivities.pdf D. Individualized Plan for Services The Contractor is required to have a written, individualized service plan for each client, completed within 60 days of County authorization. This individual plan is meant to be the "driver" or basis for support services delivered by the Contractor, The individual plan must be updated and reviewed at least annually by the planning team, as described below. The individual plan requires the development of a planning team including the client, client's guardian when applicable, DSHS/DDA Case Resource Manager, and others identified by the client to provide input. At a minimum, the DSHS/DDA Case Resource Manager and the individual/guardian will receive a copy of the completed plan. Other members of the planning team may request a copy with the client's permission. Required elements of both Pathways to Employment and Community Access plans are outlined in the County Program Implementation Guide, referenced in Section VIL H8071011 13—Work Opportunities-Adult—DD—Seriicas Page 11 343 E, Progress Updates For all clients, the Contractor shall document measureable progress toward achieving the individual's service goals every 6 months in a format approved by the County. Six (6) month progress updates must be sent to the DSH'S/DDA Case Resource Manager and the client/guardian. If clients receiving Individual Employment or Group Supported Employment services have not obtained paid employment at minimum wage or better within six (6) months the contractor will: * Review the progress toward service goals ® Provide evidence of consultation with the family/client * Develop additional strategies with the family/client, county staff, employment support staff and case manager as appropriate. Strategies may include technical assistance, changing to a new provider and/or additional resources as needed to support employment goals. Q1 Document the additional/new strategies developed for each client with the client's rile, If after 12 months the client remains unemployed, an additional review will be conducted, The Contractor will address steps outlined in the previous six month progress report in the next 6 month progress report. The client may request to participate in Community Access activities or the client can choose to remain in an employment program. Individuals requesting to participate in Community Access activities will be referred to his/her OSHSIDDA Case Resource Manager. V. Service Reguilrements A� All SerfNces will: 1 , Be individualized and unique to the client's Individualized Pathway to Employment or Community Access Plan, 2. Ensure continued movement toward inclusive settings, integration and connection with other-, in the community without disabilities. 3, Provide supports in a variety of settings and in a broad range of activities that will contribute to his/her individual service goals. 4. Provide staff and training interventions at appropriate levels to safely and effectively meet the needs of the clients. 5. Promote independence through skill development and training, including the effective use of public transportation. 6. Implement curriculum, work activities, routines, and other materials used to facilitate learning that are relevant to the age and individual needs of each client. 7, Emphasize the development of natural community supports for clients, in conjunction with, but not an over- reliance on, public -funds. Natural supports are those provided by individuals in the work or community environment who are not paid to support the client. 8, Demonstrate measurable progress toward achieving the client's individualized service goals. 9. include at minimum monthly contact by the contractor. 10. Provide support to the client at a service level proposed by the Contractor, approved by the County and authorized by the DSHSIDDA Case Resource Manager. Service levels will be authorized in accordance with: Washington Administrative Code (WAC) 368-8216-93215; through 9360 for Employment Services HL-070113—Work Opportunities-Adult—DD—Services Page 12 CM11 Washington Administrative Code (WAC) WAC 388-828-9300 through 9310 for Community Access Services County Implementation Guide for Employment and Community Access Services B. Ali Employment Services will: 1. Emphasize maximum integration with co-workers; without disabilities. All efforts will be made to promote employer responsibility for workers with disabilities, including exploration of direct employment of clients by the business/industry in Group Supported Employment. 2. Ensure that pay for work performed is commensurate with pay to other employees doing the same type and amount of work. 3. Ensure that all individuals, regardless of their disability, are provided the opportunity to pursue employment. Some participants may need more support than others and may spend a significant amount of time in activities that will prepare the participant for future community employment. C. Group Supported Employment (GSE) will: 1, Ensure paid work/paid training is available for all clients authorized for these services. In the event that contracted work is no longer available or insufficient to maintain a GSE work site, the provider is expected to notify the County to determine appropriate next steps related to client authorization. 2. Ensure compensation in accordance with applicable federal and state laws and regulation. This includes, but is not limited to section 14 (C) of the Federal Fair Labor Standards Act (FLSA), RCS/ K 12.022 and WAC 299-127A00 through 407 related to payment of sub -prevailing wage. 3. Work towards establishing permanent integrated employment at or above minimum wage. D. Community Access Services mdIl- I Focus on activities that are typically experienced by the general public. Support to participate in segregated activities and/or specialized activities will not be reimbursed. Segregated and specialized activities are those which are organized and designed for individuals based on their disability, Z Not be provided simultaneously with employment services. 1 Ensure health and safety, positive image and relationships in the community, increased competence and individualized skill -building, and other expected benefits of Community Access. Services will occur individually or in a group of no more than 2 or 3 individuals with similar interest and needs, 4. Allow a client to discontinue services in order pursue work and to receive employment support at any time, V1111. Program 11m2lementaflon92nLqRM uirements _ The Developmental Disabilities Program Implementation Guide, Employment and Community Access Services is incorporated by reference into the Scope of Work as presently adopted or subsequently amended and can be located at http://imww.whatcomeounty.usthealth/contracting.isp The purpose of the Program Implementation Guide is to detail implementation requirements including policy and procedure for Pathways to Employment and Community Access services. HL-070113—Work Opportunites-Adult—DO—SenAces Page 13 345 EXHIBIT "B" (COMPENSATION) The source of funding for this contract is DSHS/DDA and includes state dollars and federal medicaid match. Total compensation for the contract is variable, depending upon the number of individual clients and service levels authorized by DSHS/ DIDA and the County, This is a vendor agreement and not a subrecipieni agreement, The Whatcorn County rate structure employs an hourly fee for services system, The County will pay the contractor for services delivered to DSHS/DDA authorized clients. Service levels are individualized, based on assessed client need The service hours authorized for each client is mutually agreed upon by DDA, the County and the contractor, Limits to client service authorizations are established in Washington Administrative Code (WAC) 388-828-7020, * Funding is allocated for services delivered to an individual client. The client's service allocation and funding will follow the client in the event that they choose to receive services through another contractor. * The billing unit for services is hourly. 1. Siffing-ind Payment 1. Invoices and attached service documentation will be submitted monthly to the Whatcorn County Health Department in the format provided by the County. A complete billing includes both an invoice coversheet and attached client service documentation. The Contractor shall send invoices and service documentation to the following address: Jessica Lee Whatcorn County Health Department Human Services Division 509 Girard Street Bellingham, WA 98225 &e@@co.whatcom.wa.us 2. The County must receive all invoices and supporting documentation within ten (10) calendar days following the last day of the month for which reimbursement is claimed. If an invoice or required documentation is incorrect, it will be returned to the Contractor. All invoice corrections or modifications must be submitted no later than forty five (45) days after the last day of the month in which the services were provided. 3. Payment by the County wilt be considered timely if it is made within thirty (30) days of the receipt and acceptance of billing information from the Contractor. The County may withhold payment of an invoice if the Contractor submits it more than thirty (30) days after the expiration of this contract. Invoices and invoice corrections or modifications related to work done prior to December 31 of the contract year will be accepted no later than January 15 following the and of the County fiscal year (i.e. December 31). 4. The Contractor will not be paid for any billings or invoices for services occurring prior to the execution of the Contract or after its termination. The Contractor shall not bill the County for service performed or provided under this contract if the Contractor has been or will be paid for the same service by any other source. Such sources include, but are not limited to, the Division of Vocational Rehabilitation Social Security Work Incentives such as Plans for Achieving Self Support HL-070 111 3—Work Opportunities-Aduilt—DD—Sen/icas Page 14 346 (PASS), or Impairment Related Work Expense (IRVVE). The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract, 6. 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 an this invoice. 7, A total annual funding authorization for all clients will be communicated to the contractor at the start of the contract year, The funding authorization may be amended, based on use, over the course of the contract year without contract amendment. Expenditures may not exceed the total funding authorization approved by the County and in no case will exceed the total available funding restricted to these services Ito ReRorting 1. Reporting on client services will be made monthly with the invoice for services through the established DSHS/DDA County Billing and Reporting process in the format provided by the County. Data elements and definitions for each category of service are outlined by DSHS/DDA in the CMIS billing instructions found at: http://wmNI.dshs.wa.qov/DDA/counties.shtmi 2. The Contractor will provide other reports as developed and required by DSHS /DDA and the County during the term of the contract. Ill. Additional Provisions I . In determining the service level associated with each individual client, the primary service obligation is to meet the needs of the individual client related to his or her service goals, within the limits and requirements established in Washington Administrative Code (WAC). 2. Service levels proposed by the contractor must be approved by the County and authorized by the DDA Case Resource Manager. (CRM) 3. Payment will be made on an hourly basis for all staff support hours provided, up to, but not to exceed the monthly support hours authorized for each client. 4, Authorized service levels documented in the DSHS/Case Management Information System (CMiS) database will take precedence in the event of any inconsistency or conflict. The current maximum authorized service level will be downloaded from the DSHS/CIM IS database and provided to the Contractor on the monthly billing report. 5. The Contractor may propose a change in service level through the process established in the County Program Implementation Guide, 6. Funds received from the County shall not be used to provide cash benefit to the supported individual, whether salary, bonuses, or benefits. 7. The Contractor agrees to assign to the County its Medicaid waiver billing rights for services to DDA clients eligible under Title XIX programs. If the Contractor chooses to contract directly with DSHS to provide covered services under Title XIX, those services will not be billed to the County. (See Exhibit D) HL-0709 Q—Wark Opportunities-Adult—DD—Services Page 15 347 IV. Uhbfurssment Rates for Pathvvays to Ernpioyrnvit and Cornmunity Access Services Service Description Rate Funding source Type Individual Individualized staff support authorize i_g $67/hour DSHS/DDA Funding in Employment to 23 hours a month per client accordance with BARS 568.64 Individual Individualized staff support authorized $45/hour DSHS/DDA Funding in Employment greater than 23 hours a month per client accordance with BARS 568.64 Group Shared staff support within the GSE $62/hour DSHS/DDA Funding in supported setting and individualized staff support accordance with BARS employment outside of the GSE setting as authorized 568.62 Community Individualized support in integrated $30/hour DSHS/DDA Funding in Access community settings accordance with BARS 568.67 *i.e. service levels authorized above 23 hours a month will be paid at a lower hourly rate. Both the rate and the service level are attached to the client's authorization approved by DSHS/DDA. This means that if the actual number of hours provided falls below 23, the lower hourly rate will still apply, V. Other Reirnbu irsable Activities Activity Description Reimbursement Funding source Training for Contractor's staff Reimbursement for actual costs, DSHS/DDA Staff for the purpose of improving, pre -approved by the County. Funding in Training or enhancing job -related Travel and accommodation accordance with knowledge and skills in the costs will be reimbursed BARS 568.31 provision of developmental according to Section 8.3 in the And local funds disabilities services. County Implementation Guide Partnership Time spent in collaboration $55/hour not to exceed funding DSHS/DDA Project with school districts, Division authorized in writing by the funding in (School to of Vocational Rehabilitation County per eligibie student. accordance with Work) staff, families, employers and BARS 568.94 other community collaborators to provide Billable activities include those employment services to listed in Exhibit A, Scope of And local funds young adults with Work, Section III B, developmental disabilities during the school year they turn 21. HL-070113-1fi/ork Opportunities-Adult—DD—Serifices Page 16 EXHIBIT "C" (CERTIFICATE OF INSURANCE) HIL-070113—Work Opportuniti--.s-f-,,duit—DO—Senfices Page 17 349 ® DATE (MWDD)YYYY) CERTIFICATE OF LIABILITY INS GM 1 12/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THU 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), AUTHORIZES 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 eights to the certificate holder in lieu Of Such endorsement(s). PRODUCER CONTACT C i Den NAME: PLC Insurance, LLC PHONE (425) 712-3664 FAK N (425)712-3786 E-MAIL 4211 Alder4ra0oC� Mall B1«d., #210 QG.caatti@plCinsocora INSURER S AFFORDING COVERAGE NAIC N Lynnwood WA 98036 INSURERART/ew Hampshire Insurance Co. INSURED INSURER B : Work Opportunities, Inc. INSURERC: 6515 - 202nd St. SW INSURERD: INSURER E Lynnwood WA 9 8 0 3 6- 5 9 9 8 INSURER F COVERAGES CERTIFICATE NUM13ER:13/14 GL/PL/AL/EL 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEma ADDL SUBR POLICY NUMBER POLICY EFF MM/DDfYYYY POLICY EXP MMIDD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR X Professional Liability -WR 01LX89964617000 1/1/2013 1/1/2014 EACH OCCURRENCE $ 1,000,00 DAMAG TO RENTED PREMISES Eaoccurrence)Is 250,00 MED EXP(Any one person) $ 10,00 PERSONAL & ADV INJURY $ 11000,00 GENERAL AGGREGATE $ 3,000,00 GEHL AGGREGATE LIMIT APPLIES PER: X POLICY F7 PRO- JECTLOG PRODUCTS - COMP/OP AGG $ 3,000,00 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS 01CA39509187000 1/1/2013 1/1/2014 COMBINED SINGLE LIMIT Ea accident 11000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ Medical payments $ UMBRELLA LIAR EXCESS LIAR HOCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ `)MEMPLOYERV LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A A Stop Gap/Employers 3.abilit:y OIL%®9964617000 1/1/2013 Z/1/2014 WC STATU- OTH- TI ER E.L. EACH ACCIDENT $ 1,000,00C E.L. DISEASE - EA EMPLOYE $ 11000, 00C E.L. DISEASE -POLICY LIMIT $ 11000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks schedule, if more space is required) Certificate holder is Additional Insured as respects to work Contracts with the Named Insured LE HOLDER Whatcom County Health Dept Administration 509 Girard Bellingham, WA 98225 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATOOM. Alt rights reserved. INS4127e r2mnnFi', ni 'rnc Ar'rbRM n=—. =vest d—n ays ^f ar npn 350 (ASSIGNMENT OF MEDICAID BILLING RIGHTS) The County, through its agreement with the Department of Social and Health Services (DSHS), Developmental Disabilities Administration (DDA), must ensure that all County contracted providers assign their Medicaid waiver billing rights to the County. DSHS, as the single state Medicaid agency, has administrative authority for Title XIX coverage of services for people with developmental disabilities per 42 CFR 431 .10. The County only has responsibility for services covered under its contract with DSHS/DDA. The Contractor agrees, by signing below, to assign to the County its Medicaid waiver billing rights for services to DDA clients eligible under the Title XIX programs. If the Contractor chooses to contract directly with DSHS to provide covered services under Title XIX, those services will not be billed to the County. Authorized Signature Date HL-070113—WorkOppoitunities-Adult—DD—Seniicas Page 18 351 EXHIBIT "E" (E-Verify Declaration) Finn Name: e S 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 perfonned on the above named project. 2. 1 certify that I am duly authorized to sign this declaration on behalf of the above named bidder/proposer. 3. 1 acknowledge that Whatcom County requires a copy of the Mernorandurn of Understanding between the contractor listed above and the Department of Homeland Security certifying enrollment in the E-Verify program. Fail -are, to provide the required Memorandum of Understanding could lead to suspension of this contract. DATE: SIGNATURE: PRINTED NA31M curf HL-070113—War'qfOpporiunities-Adult—DO—Senfices Page 19 352 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-224 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: pi 5/2/13 iJ) r r-.:: �`��c �Vr �) 6/18/13 Fin/Council Division Head: ��gg eJ lJ 1 1 2013 WHATCOM COUNTY COUNCIL Dept. Head: r Prosecutor: d1g 05121113 Purchasing/Budget: and 5/21/13 Executive: F..110 //.3 TITLE OF DOCU ontract between Whatcom County and Kulshan Supported Employment ATTACHMENTS: 1. Contract Info Sheet 2. Memo to Executive 3. 2 Originals of Contract Agreement SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible adults with developmental disabilities. Pathways to Employment services are services designed to assist individuals with developmental disabilities to pursue and maintain paid employment in community settings. Community Access Services are designed to assist individuals to participate in activities, events, and organizations in the community in ways similar to other adults of retirement age without disabilities. Through this program in 2012 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. Total compensation under this contract will vary depending on the number of clients and the types of services authorized, however the estimated authorized service level is $749,599.00 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. 3b3 WHATCOM COUNTY HEALTH DEPT. 509 Girard St. Bellingham, WA 98225 MEMORANDUM TO: Jack Louws, County Executive FROM: Regina A. Defahunt, Director Regina A. Delahunt Director JJN 5 - 2013 JACK L 0UW RE: Kulshan Supported Employment, New Contract for Services to Individuals with Developmental Disabilities DATE: June 3, 2013 Enclosed are two (2) originals of contract between Whatcom County and Kulshan Supported Employment for your review and signature. • Background and Purpose -fhe purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase independence and inclusion in the community. In 2012 an average of 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. ■ Funding Amount and Source The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. Funding includes state dollars and federal Medicaid match. Total compensation under this contract will vary depending on the number of clients and the types of services authorized, however the estimated authorized service level is $749,599.00. County Council approval is required and an Agenda Bill is attached. ■ Differences from Previous Contract 'this is a new contract being issued pursuant to RFQ #13-25. Please contact Jessica Lee at extension 32014, if you have any questions or concerns regarding the terms of this agreement. Encl. 354 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 0/ 30600k Originating Department: Health Contract Administrator: Jessica Lee Contractor's / Agency Name: Kulshan Supported Employment 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 —XT If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes X No If yes, associated Whatcom County grant contract number(s) TBD (DSHS/DDD Revenue Contract in Process) Is this contract the result of a RFP or Bid process? Contract Yes X No If yes, RFP and Bid number(s) RFQ# 13-25 Cost Center: 673800_ 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 F14WA 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 $ varies depending on number ofclients and 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 types of services authorized agenda bill and supporting memo. If less than these thresholds, just submit to This Amendment Amount: Executive with supporting memo for approval. Total Amended Amount: Scope of Services: [insert language from contract (Exhibit A) or summarize; expand space as necessary] The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase the individual's independence and inclusion in the community. Term of Contract: 7/1/2013 — 6/30/2014 1 Expiration Date: 6/30/14 Contract Routing Steps & Si ng off [sign or initiall [indicate date transmittedl 1. Prepared by: pj Date 5/2/13 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date 05121/13 [electronic] 3. AS Finance reviewed: mdci 5/21/13 [electronic] _Date 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: Date [electronic] hard copy 6. Attorney signoff. Daniel L. Gibson Date 05121113 7. Contractor signed: Date 1-,3p -/3 8. Submitted to Exec Office Date &—S � [summary via electronic; Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original Returned to dept; Date 13. County Original to Council Date printed hardcopies] 355 y{ Whatcom County Contract No. CONTRACT FOR SERVICES 201304,068 Employment Services - Kulshan Supported Employment, 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 _14 , Exhibit B (Compensation), pp. 15 to 17 Exhibit C (Certificate of Insurance), p. 18 , Exhibit D (Assignment of Medicaid Billing Rights), p, 19 Exhibit E (E-VedfyA�S amtien), p. 19 HOU 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 July, 2013, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30th day of June, 2014. The general purpose or objective of this Agreement is to: provide employment or retirement services to individuals with developmental disabilities, 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 will vary, depending upon the number of clients authorized for service by the Washington State Department of Social and Health Services, Division of Developmental Disabilities, 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 36) day of 2013, CONTRACTOR: Kulshan Supported Employment (Type in Name & Title of Signatory) STATE OF WASHINGTON ) ss. COUNTY OF �Ceo ^� ) On this:tiay of 13, before me personally appeared A%1+ (*CLSMto me known to be the (title) of - h r a (Co any) and who executed the at)ove+nstr nd who wiedge 7e the act of sig ' g and sealing thereof. �p �vY Ems. .� .. ' �,``�,��� • N®`�'>��� NOPl IBl_IC i a My commission or the tate expaesingUo� residing at iv '1Ca• ���� .sue °• �y�'� <L : ca cr_ O �0�:a ° HL_070113_Kulshan Supported Employment-Adult_DD_Services Page 1 356 WHATCOM COUNTY: Reco mended [,'Approval: Anne Deacon, Human Services Manager a Date Regin lahunt, Department Director Date Ap ro ed as to form: ta Elizabeth L. Gallery, beputy Prosecuting-Aorney Dat 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 Kulshan Supported Employment 310 Iowa St. Bellingham, WA 98225 Contact: Matt Carlson, Director Phone:360-676-9010 Email: kulshanse@clearwire.net HL_070113_Kulshan Supported Employment-Adult_DD_Services Page 2 357 GENERAL CONDITIONS Series 00.09: Provisions Related to Nature and Purpose of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to 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 four years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29. Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. HL_070113_Kulshan Supported Employment-Adult_DD_Services Page 3 Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21,1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. HL_070113_Kulshan Supported Employment -Adult DD_Services Page 4 359 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, attomeys' 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/Copyrfght infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review, the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory. a. Professional Liability - $1,000,000 per occurrence: If the professional liability insurance is a claims made policy, and should the contractor discontinue coverage either during the term of this contract or within three years of completion, the contractor agrees to purchase tail coverage for a minimum of three years from the completion date of this contract or any amendment to this contract. Professional Liability - $1,000,000 per occurrence 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: HL 070113_Kulshan Supported Employment -Adult —DID —Services Page 5 MI The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall, have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees. 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. 352 Non -Discrimination in Client Services. - The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this HL_070113_Kulshan Supported Employment-Adult_DD_Services Page 6 361 stct,-0 �Jr Company ID Number: 677119 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Kulshan Vocational Services (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E-Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E-Verify clause") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 362 S4T b �7 $P9R. 3�id�l Company ID Number: 677119 by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non -citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to make available to the Employer at the E-Verify Web site and on the E-Verify Web browser, instructional materials on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Page 2 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 363 Company ID Number: 677119 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non - match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3, The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: - If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. - If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify E­Ver1WY,__,__________ z Company ID Number: 677119 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non -matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 and E-Verify system compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1-9 has been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual, or in the case of Federal contractors with the FAR E-Verify clause, the E-Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses the E-Verify system for any purpose other than as authorized by this MOU, the Employer Page 4 of 131 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 365 Company ID Number: 677119 may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article Ill. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non -match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of the INA, as applicable, by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration - related employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E- Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). Page 5 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Errlployer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DNS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors with the FAR E-Verify clause agree to become familiar with and comply with the most recent versions of the E-Verify User Manual for Federal Contractors and the E-Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial for Federal contractors with the FAR E-Verify clause. c. Federal contractors with the FAR E-Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify at the time of a contract award must enroll as a Federal contractor with the FAR E-Verify clause in E-Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor with the FAR E-Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time Page 6 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 367 E -Ve r i fy---- Company ID Number: 677119 of enrollment in the system and after the date and selecting which employees will be verified in E-Verify or within 30 days of an employee's assignment to the contract, whichever date is later. d. Employers that are already enrolled in E-Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E-Verify clause: Employers enrolled in E-Verify for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E-Verify as other than a Federal contractor with the FAR E-Verify clause, must update E-Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E-Verify clause in E-Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E-Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E-Verify clause may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E-Verify clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. g. Form 1-9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E-Verify clause may choose to complete new Forms 1-9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E-Verify clause may also update previously completed Forms 1-9 to initiate E-Verify verification of existing employees who are not completely exempt as long as that Form 1-9 is complete (including the SSN), complies with Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form Page 7 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify AmE""'tims.``I�!°� Company ID Number: 677119 1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E-Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system -generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. Page 8 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Me Company ID Number: 677119 B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (paid for at employer expense). 7. If the Employer determines that there is a photo non -match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E-Verify, the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. ARTICLE IV SERVICE PROVISIONS Page 9 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 370 h Company ID Number: 677119 SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E- Verify, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual, the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E-Verify clause may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E-Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E-Verify clause fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E-Verify clause, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity Page 10 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 371 Company ID Number: 677119 regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 11 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 372 Company ID Number: 677119 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. Employer Kulshan Vocational Services I ;Matt Carlson ____._....__.._._.__._.._._-.-...___.._._......._,..__._..__._._....,..__..-....._..__________ _.. Name (Please Type or Print) Title 's gnaturenica/ty Si Oned_._._...........__.....__..._...,___........_......__.__._ .. b1 /2013 ate - _.--_...._____..._.._....._._._........._..__....._.___...._.._._----------- _ ;Department of Homeland Security — Verification Division i USCIS Verification Division —------ _..... -.---_-_------____..__.._____._---_ Name (Please Type or Print) s 1 itle - !Electronically Signed 's �5/31/2013 Signature s ate Information Required i for the E-Verify Program Information relating toy _pur Com an Company -,Name: Kullshan Vocational Services Coan Facilit Address 310 Iowa Street m Bellingham, WA 98225 ..._......._..__-.........._._.-....._---__-_-_._____. i j Company Alternate Address:_ r County or Parish: Y _�_-- I HATCOM I Employer Identification Number: 911380924 Page 12 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 373 Company ID Number: 677119 North American Industry 1 Classification Systems ; Code: 24 Administrator: j I Number of Em to ees: 1110 to 19 Number of Sites Verified for: 11 Are you verifying for more than I site? If yes, please provide the number of sites verified for in each State: l i :. WASHINGTON 1 site(s) i i .... _... ._,._.. _._.—._._--.._...-. Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Theresa Baughn Telephone Number: (360) 676 - 9010 Fax Number: (360) 756 - 7910 E-mail Address: kulshanse@clearwire.net Name: Matt Carlson Telephone Number: (360) 676 - 9010 Fax Number: (360) 756 - 7910 E-mail Address: kulshanse@clearwire.net Page 13 of 13 I E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify 374 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-225 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Pi 5/2/13 JUN 1 1 2013 M ,41-IffCOM COUNTY 6/18/2013 Fin/Council Division Head: Dept. Head: Prosecutor: Purchasing/Budget: WA bkb3l COUNCIL, Executive: 1131 TITLE OF DOCU*f 0 ,W ntract between Whatcom County and Advancement Northwest ATTACHMENTS: 1. Contract Info Sheet 2. Memo to Executive 3. 2 Originals of Contract Agreement SEPA review required? Yes X )NO Should Clerk schedule a hearing ? Yes (X) NO SEPA review completed? ) Yes (X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible adults with developmental disabilities. Pathways to Employment services are services designed to assist individuals with developmental disabilities to pursue and maintain paid employment in community settings. Community Access Services are designed to assist individuals to participate in activities, events, and organizations in the community in ways similar to other adults of retirement age without disabilities. Through this program in 2012 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. Total compensation under this contract will vary depending on the number of clients and the types of services authorized, however the estimated authorized service level is $7,584.00 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. j t b WHATCOM COUNTY HEALTH DEPT. 509 Girard St. Bellingham, WA 98225 �i[A�iEel :7_1kiIIII I►il TO: Jack Louws, County Executive W FROM: Regina A. Delahunt, Director Regina A. Delahunt Director JUN 5 - 20413 JACK L-0UWS COUNTY AE-EXECUTIVE RE: Advancement Northwest, New Contract for Services to Individuals with Developmental Disabilities DATE: June 3, 2013 Enclosed are two (2) originals of contract between Whatcom County and Advancement Northwest for your review and signature. ■ Background and Purpose The purpose of this contract is to provide "Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase independence and inclusion in the community. In 2012 an average of 271 adults received employment services (72% of whom were employed and earning wages) and 13 adults of retirement age were provided support to access their communities. ■ Funding Amount and Source The source of funding for this contract is the Washington State Department of Social and Health Services, Developmental Disabilities Administration. Funding includes state dollars and federal Medicaid match. Total compensation under this contract will vary depending on the number of clients and the types of services authorized, however the estimated authorized service level is $7,584.00. County Council approval is required and an Agenda Bill is attached. ■ Differences from Previous Contract This is a new contract being issued pursuant to RFQ #13-25. Please contact Jessica Lee at extension 32014, if you have any questions or concerns regarding the terms of this agreement. Encl. 376 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ,- 0t3 0 6 o0 i Originating Department: Health Contract Administrator: Jessica Lee Contractor's / Agency Name: Advancement Northwest 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 X No If yes, associated Whatcom County grant contract number(s) TBD (DSHS/DDD Revenue Contract in Process) Is this contract the result of a RFP or Bid process? Contract Yes X No If yes, RFP and Bid number(s) _RFQ# 13-25 Cost Center: 673800 Is this contract excluded from E-Verify? No _ Yes ao'' 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 $ varies depending on number ofclients and 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 types ofservices authorized agenda bill and supporting memo. If less than these thresholds, just submit to This Amendment Amount: Executive with supporting memo for approval. Total Amended Amount: Scope of Services: (Insert language from contract (Exhibit A) or summarize; expand space as necessary) The purpose of this contract is to provide '`Pathways to Employment" and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services are designed to assist individuals with developmental disabilities to pursue and maintain paid employment in integrated community settings. Community Access Services are designed to increase the individual's independence and inclusion in the community. Term of Contract: 7/1/2013 — 6/30/2014 1 Expiration Date: 6/30/14 Contract Routing Steps & Si ng off: [sign or initial] [indicate date transmitted] 1. Prepared by: pj Date 5/2/13 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date 05120113 [electronic] 3. AS Finance reviewed: Date [electronic] 4. IT reviewed if IT related Date ```` [electronic] 5. Corrections made: _ Date [electronic] 6. Attorney signoff: _Daniel L. Gibson Date_05121113 7. Contractor signed: Date 5-,3o--i 3 8. Submitted to Exec Office. Dated , 4" -1 3 [summary via 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 hard copy printed electronic; hardcopies] 377 W hatcom County Contract No. CONTRACT FOR SERVICES —� 0 13 0 � 0 0S Employment Services Advancement Northwest, 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 14 Exhibit B (Compensation), pp. 15 to 17 Exhibit C (Certificate of Insurance), p. 18 , Exhibit D (Assignment of Medicaid Billing Rights), p. 19 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 July, 2013, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30th day of June, 2014. The general purpose or objective of this Agreement is to: provide employment or retirement services to individuals with developmental disabilities, 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 will vary, depending upon the number of clients authorized for service by the Washington State Department of Social and Health Services, Division of Developmental Disabilities. 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 2013. CONTRACTOR: Advance ent Northwest Kk�)— (Type in Name & Title of Signatory) STATE OF WASHINGTON ) ss. COUNTY OFW% ) n thi y f ti /, 2013, before me personail eared to me known to be the ,._., (title) of (Comm any) and who executed th i strument and who acknowledged to me the?ct of signing and sealing thereof. -NQTARY PUBLIC in and for the State of Washington, residing at __. My commission expires23 I t "If >—dt, HL_070113_Advancement_Northwest-Adult_DD_Services Page 1 W i WHATCOM COUNTY: Recommend", for Approval: Anne Deacon, Human Services Manager 9 Da 31 Reg qa . Delahunt, Department Director Date App oved as to forme lizabeth L. Gallery, Prosecuting Attorn y 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 Advancement Northwest 1313 E. Maple St. Suite 201 Bellingham, WA 98225 Contact: Rachel Silves, Co -Owner Phone: 360-685.4241 Email: Rachel@advancementnw.com HL_070113_Advancement_Northwest-Adult_DD_Services Page 2 379 GENERAL CONDITIONS Series 00-09: Provisions Related to Nature and Purpose of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to 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 four years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. HL_070113 Advancement_Northwest-Adult_DD_Services Page 3 M Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/sheet 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. HL_070113_Advancement_Northwest-Adult_DD_Services Page 4 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. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory, a. Professional Liability - $1,000,000 per occurrence: If the professional liability insurance is a claims made policy, and should the contractor discontinue coverage either during the term of this contract or within three years of completion, the contractor agrees to purchase tail coverage for a minimum of three years from the completion date of this contract or any amendment to this contract. Professional Liability - $1,000,000 per occurrence 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: HL_070113 Advancement_Northwest-Adult_DD_Services Page 5 CIE 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_070113_Advancement_Northwest-Adult_DD_Services Page 8 383 EXHIBIT "A" (SCOPE OF WORK) I. Background The purpose of this contract is to provide "Pathways to Employment' and "Community Access" services to eligible individuals with developmental disabilities. Pathways to Employment services assist working age adults pursue and maintain paid employment in integrated community settings. Community Access Services increase independence and inclusion in the community for those in retirement or no longer seeking employment. All services are individualized to reflect the individual's interests, strengths, gifts, talents, and service goals. This contract reflects the community values and goals of the Whatcom County Developmental Disabilities Advisory Board, the Whatcom County Developmental Disabilities program, the Washington Department of Social and Health Services (DSHS) work order for the current biennium and the County Guidelines published by DSHS and available at http://www.dshs.wa.govlpdf/adsa/ddd/c_guidelines.pdf. II. Service Types The contractor has applied for and been accepted as a qualified provider for the services indicated, below. ❑ 0 Individual Supported Employment ❑ Group Supported Employment ❑ Community Access These services are defined in the table below, based on the definitions found in the DSHS/ Budgeting, Accounting, and Reporting System (BARS). HL_070113_Advancement__Northwest-Adult__DD_Services Page 9 _Service �� Individual Supported Employment (BARS 568.64) Group Supported Employment (BARS 568.62) Community Access Services (BARS 568.67) rvice ■ These services are part of an individual's pathway to integrated employment in typical community jobs. ■ These are individualized services necessary to help persons with developmental disabilities obtain and continue integrated employment at or above the state's minimum wage in the general workforce. ■ These services may include intake, discovery, assessment, job preparation, job marketing, job supports, recordkeeping and _ on -going support to maintain a job. ■ _ These services are part of an individual's pathway to integrated employment in typical community jobs. ■ These services are intended to be short term and offer ongoing supervised employment for groups of no more than eight (8) workers with disabilities in the same setting. ■ The service outcome of GSE is sustained paid employment leading to further career development in integrated employment at or above minimum wage. ■ Examples include enclaves, mobile crew and other business models employing small groups of workers with disabilities in integrated employment in community ■ These individualized services are provided in typical integrated community settings for individuals in retirement. ■ Services will promote individualized skill development; independent living and community integration for person's to learn how to actively and independently engage in their local community. ■ Activities will provide opportunity to develop relationships and to learn, practice and apply skills that result in greater independence and community inclusion. ■ These services may be authorized instead of employment support for working age individuals who have received nine months of employment support, have not found a job and decide not to continue looking for work_ Ht 070113 Advancement Northwest -Adult DD Services Service ■ Establish employment opportunities for participants in local businesses on a one-person/one-job basis, self-employment, or other paid work options regardless of the level of disability ■ Develop relationships with and support from co- workers without disabilities (i.e. Natural supports) ■ Earn sufficient wages to increase self-sufficiency and meet or exceed living expenses (Le, eaming a living wage) ■ Develop job and life skills necessary to lead a more independent life ■ Make measurable progress toward the individual's ■ Establish supervised employment and training opportunities for small groups of participants within local business, industry and community settings. ■ Develop relationships with and support from co- workers without disabilities (i.e. Natural supports) ■ Earn sufficient wages to increase self-sufficiency and meet or exceed living expenses (i.e. earning a living wage) ■ Develop job and life skills necessary to lead a more independent life ■ Make measurable progress toward the individual's employment goals ■ Participation in integrated community activities of clients' choice similar to individuals without disabilities of the same age. ■ Membership/leadership in local community clubs and associations based on interest and culture ■ Foster connections between persons with disabilities and persons without disabilities who are not paid developmental disabilities staff ■ Enhance or maintain the persons' competence, integration, physical or mental skill. Page 10 Ci III. Statement of Work The Contractor will develop an individualized service plan for each client based on his or her interests, skills and abilities. Support will be provided as defined below to make measureable progress toward the client's service goals as outlined in the plan. A. Client support "Support' provided in the implementation of client services, as referenced herein, is defined as staff time spent on behalf of the program client to achieve community employment or access goals. In addition to those activities specifically outlined within the billable activities, below, "support" when used within a definition typically refers to one of the three following activities: Monitoring of client employment or community access activities (e.g., ensuring safety, quality etc.); Providing verbal or physical reminders or prompts for the client to successfully complete or engage in employment or community access activities; or Providing partial or total 1:1 physical assistance to allow the client to successfully complete or engage in employment or community access activities. B. Pathway to Employment Billable Support Activities Pathway to Employment includes both Individual Employment (IE) and Group Supported Employment (GSE). Billable support activities for Pathway to Employment services are found on the Washington State Department of Social & Health Services Developmental Disabilities Administration (DSHS/DDA) website, and may be amended or updated with prior notification by the County without a contract amendment. hti�Il+rr�ru.dabs.�v ;you dfla4 aldddlCOS%n20%20Emp!©ymenfi°/a20Phases%20and%2OBillable%2OActivities df C. Community Access Billable Support Activities Billable support activities for Community Access services are found on the DSHSIDDA website, and may be amended or updated with prior notification by the County without a contract amendment. hftp:llwww.dshs.wa.govlpdfladsaldddlCO%20%2OCommunity%2OAccess%2OBillable%2OActivities.pdf D. Individualized Plan for Services The Contractor is required to have a written, individualized service plan for each client, completed within 60 days of County authorization. This individual plan is meant to be the "driver' or basis for support services delivered by the Contractor. The individual plan must be updated and reviewed at least annually by the planning team, as described below. The individual plan requires the development of a planning team including the client, client's guardian when applicable, DSHSIDDA Case Resource Manager, and others identified by the client to provide input, At a minimum, the DSHS/DDA Case Resource Manager and the individual/guardian will receive a copy of the completed plan. Other members of the planning team may request a copy with the client's permission. Required elements of both Pathways to Employment and Community Access plans are outlined in the County Program Implementation Guide, referenced in Section VII. HL_070113 Advancement_Northwest-Adult_DD_Services Page 11 E. Progress Updates For all clients, the Contractor shall document measureable progress toward achieving the individual's service goals every 6 months in a format approved by the County. Six (6) month progress updates must be sent to the DSHS/DDA Case Resource Manager and the client/guardian. If clients receiving Individual Employment or Group Supported Employment services have not obtained paid employment at minimum wage or better within six (6) months the contractor will: ■ Review the progress toward service goals ■ Provide evidence of consultation with the family/client ■ Develop additional strategies with the family/client, county staff, employment support staff and case manager as appropriate. Strategies may include technical assistance, changing to a new provider and/or additional resources as needed to support employment goals. ■ Document the additional/new strategies developed for each client with the client's file. If after 12 months the client remains unemployed, an additional review will be conducted. The Contractor will address steps outlined in the previous six month progress report in the next 6 month progress report. The client may request to participate in Community Access activities or the client can choose to remain in an employment program. Individuals requesting to participate in Community Access activities will be referred to his/her DSHS/DDA Case Resource Manager. V. Service Requirements A. All Services will: 1. Be individualized and unique to the client's Individualized Pathway to Employment or Community Access Plan. 2. Ensure continued movement toward inclusive settings, integration and connection with others in the community without disabilities. 3. Provide supports in a variety of settings and in a broad range of activities that will contribute to his/her individual service goals. 4. Provide staff and training interventions at appropriate levels to safely and effectively meet the needs of the clients. 5. Promote independence through skill development and training, including the effective use of public transportation. 6. Implement curriculum, work activities, routines, and other materials used to facilitate learning that are relevant to the age and individual needs of each client. 7. Emphasize the development of natural community supports for clients, in conjunction with, but not an over- reliance on, public funds. Natural supports are those provided by individuals in the work or community environment who are not paid to support the client. 8. Demonstrate measurable progress toward achieving the client's individualized service goals. 9. Include at minimum monthly contact by the contractor. 10. Provide support to the client at a service level proposed by the Contractor, approved by the County and authorized by the DSHS/DDA Case Resource Manager. Service levels will be authorized in accordance with: ■ Washington Administrative Code (WAC) 388-828-9325 through 9360 for Employment Services HL_070113 Advancement_Northwest-Adult_DD_Services Page 12 Washington Administrative Code (WAC) WAC 388-828-9300 through 9310 for Community Access Services County Implementation Guide for Employment and Community Access Services B. All Employment Services will: Emphasize maximum integration with co-workers without disabilities. All efforts will be made to promote employer responsibility for workers with disabilities, including exploration of direct employment of clients by the business/industry in Group Supported Employment. Ensure that pay for work performed is commensurate with pay to other employees doing the same type and amount of work. Ensure that all individuals, regardless of their disability, are provided the opportunity to pursue employment, Some participants may need more support than others and may spend a significant amount of time in activities that will prepare the participant for future community employment. C. Group Supported Employment (GSE) will: 1. Ensure paid work/paid training is available for all clients authorized for these services. In the event that contracted work is no longer available or insufficient to maintain a GSE work site, the provider is expected to notify the County to determine appropriate next steps related to client authorization. 2. Ensure compensation in accordance with applicable federal and state laws and regulation. This includes, but is not limited to section 14 (C) of the Federal Fair Labor Standards Act (FLSA), RCW 39.12,022 and WAC 299-127-400 through 407 related to payment of sub -prevailing wage. 3. Work towards establishing permanent integrated employment at or above minimum wage. D. Community Access Services will: 1. Focus on activities that are typically experienced by the general public. Support to participate in segregated activities and/or specialized activities will not be reimbursed. Segregated and specialized activities are those which are organized and designed for individuals based on their disability. 2. Not be provided simultaneously with employment services. 3. Ensure health and safety, positive image and relationships in the community, increased competence and individualized skill -building, and other expected benefits of Community Access. Services will occur individually or in a group of no more than 2 or 3 individuals with similar interest and needs. 4. Allow a client to discontinue services in order pursue work and to receive employment support at any time. VII. Program Implementation Requirements The Developmental Disabilities Program Implementation Guide, Employment and Community Access Services is incorporated by reference into the Scope of Work as presently adopted or subsequently amended and can be located at http://www.whatcomco pty us/health/contracti )sp The purpose of the Program Implementation Guide is to detail implementation requirements including policy and procedure for Pathways to Employment and Community Access services. HL._070113_Advancement_Northwest-Adult_DD_Services Page 13 CM-0 EXHIBIT "B" (COMPENSATION) The source of funding for this contract is DSHS/DDA and includes state dollars and federal Medicaid match. Total compensation for the contract is variable, depending upon the number of individual clients and service levels authorized by DSHS/ DDA and the County. This is a vendor agreement and not a subrecipient agreement. The Whatcom County rate structure employs an hourly fee for services system. The County will pay the contractor for services delivered to DSHS/DDA authorized clients. ■ Service levels are individualized, based on assessed client need ® The service hours authorized for each client is mutually agreed upon by DDA, the County and the contractor. ■ Limits to client service authorizations are established in Washington Administrative Code (WAC) 388-828-7020. • Funding is allocated for services delivered to an individual client. The client's service allocation and funding will follow the client in the event that they choose to receive services through another contractor. ■ The billing unit for services is hourly. I. Billing and Payment 1. Invoices and attached service documentation will be submitted monthly to the Whatcom County Health Department in the format provided by the County. A complete billing includes both an invoice coversheet and attached client service documentation. The Contractor shall send invoices and service documentation to the following address: Jessica Lee Whatcom County Health Department Human Services Division 509 Girard Street Bellingham, WA 98225 illee ,co.whatcom.wa,us 2. The County must receive all invoices and supporting documentation within ten (10) calendar days following the last day of the month for which reimbursement is claimed. If an invoice or required documentation is incorrect, it will be returned to the Contractor. All invoice corrections or modifications must be submitted no later than forty five (45) days after the last day of the month in which the services were provided. 3. Payment by the County will be considered timely if it is made within thirty (30) days of the receipt and acceptance of billing information from the Contractor. The County may withhold payment of an invoice if the Contractor submits it more than thirty (30) days after the expiration of this contract. Invoices and invoice corrections or modifications related to work done prior to December 31 of the contract year will be accepted no later than January 15 following the end of the County fiscal year (i.e. December 31). 4. The Contractor will not be paid for any billings or invoices for services occurring prior to the execution of the Contract or after its termination. 5. The Contractor shall not bill the County for service performed or provided under this contract if the Contractor has been or will be paid for the same service by any other source. Such sources include, but are not limited to, the Division of Vocational Rehabilitation Social Security Work Incentives such as Plans for Achieving Self Support HL_070113_Advancement_Northwest-Adult_DD_Services Page 14 Me (PASS), or Impairment Related Work Expense (IRWE). The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. 6. 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. 7. A total annual funding authorization for all clients will be communicated to the contractor at the start of the contract year. The funding authorization may be amended, based on use, over the course of the contract year without contract amendment. Expenditures may not exceed the total funding authorization approved by the County and in no case will exceed the total available funding restricted to these services II. Reporting 1. Reporting on client services will be made monthly with the invoice for services through the established DSHS/DDA County Billing and Reporting process in the format provided by the County. Data elements and definitions for each category of service are outlined by DSHS/DDA in the CMIS billing instructions found at: http://www1.dshs.wa,gov/DDA/counties.shtmi 2. The Contractor will provide other reports as developed and required by DSHS /DDA and the County during the term of the contract. III. Additional Provisions 1. In determining the service level associated with each individual client, the primary service obligation is to meet the needs of the individual client related to his or her service goals, within the limits and requirements established in Washington Administrative Code (WAC). 2. Service levels proposed by the contractor must be approved by the County and authorized by the DDA Case Resource Manager. (CRM) 3. Payment will be made on an hourly basis for all staff support hours provided, up to, but not to exceed the monthly support hours authorized for each client. 4. Authorized service levels documented in the DSHS/Case Management Information System (CMIS) database will take precedence in the event of any inconsistency or conflict. The current maximum authorized service level will be downloaded from the DSHS/CMIS database and provided to the Contractor on the monthly billing report. 5. The Contractor may propose a change in service level through the process established in the County Program Implementation Guide. 6. Funds received from the County shall not be used to provide cash benefit to the supported individual, whether salary, bonuses, or benefits. 7. The Contractor agrees to assign to the County its Medicaid waiver billing rights for services to DDA clients eligible under Title XIX programs. If the Contractor chooses to contract directly with DSHS to provide covered services under Title XIX, those services will not be billed to the County. (See Exhibit D) HL_070113__Advancement_Northwest-Adult_DD_Services Page 15 390 IV: Reimbursement Rates for Pathways to Employment and Community Access Services Service Description Rate Funding source —Tye.._._ -i _ Individual Individualized staff support authorized uu $67/hour DSHS/DDA Funding in Employment to 23 hours a month per client accordance with BARS 568.64 _ Individual __ Individualized staff support authorized �i $45/hour DSHS/DDA Funding in I Employment greater than 23 hours a month per client * accordance with BARS 568.64 Group Shared po&within the GSE T staff sup $62/hour _ DSHS/DDA Funding in supported setting and individualized staff support accordance with BARS employment outside of the GSE setting as authorized 568.62 Community Individualized support in integrated $30/hour DSHS/DDA Funding in Access ' community settings accordance with BARS i-- -- - - - --- ---- - --- — -- 568.67.____...—. *i.e. service levels authorized above 23 hours a month will be paid at a lower hourly rate. Both the rate and the service level are attached to the client's authorization approved by DSHS/DDA. This means that if the actual number of hours provided falls below 23, the lower hourly rate will still apply. V. Other Reimbursable Activities Activity i Description — _ Reimbursement Funding i ! source I Training for Contractor's staff Reimbursement for actual costs, DSHS/DDA Staff for the purpose of improving, pre -approved by the County. Funding in Training or enhancing job -related Travel and accommodation accordance with f knowledge and skills in the costs will be reimbursed BARS 568.31 provision of developmental according to Section 8.3 in the And local funds disabilities services. _ County Implementation Guide _ 1 Partnership Time spent in collaboration $55/hour not to exceed funding DSHS/DDA { Project with school districts, Division i authorized in writing by the funding in ' (School to ; of Vocational Rehabilitation County per eligible student. accordance with Work) ! staff, families, employers and BARS 568.94 other community collaborators to provide Billable activities include those employment services to listed in Exhibit A, Scope of And local funds young adults with Work, Section III B. developmental disabilities i during the school year they I turn 21. HL_070113_Advancement—Northwest-Adult_DD_Services Page 16 391 EXHIBIT "C" (CERTIFICATE OF INSURANCE) HL_070113_Advancement._Northwest-Adult_DD_Services Page 17 392 ACORU ADVNO-1 OP ID: LH D/YYYY) (MMlD EE CERTIFICATE OF LIABILITY INSURANCE DATE 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 NXM"E:'~ 360-354-4488 NAMLeanne Holmes Snapper Shuler Kenner Ins PHONE -- - FAX --- -- Brown & Brown of WA Inc dba 360-354-1946 CAIg, Nye n 360-354-4488 L No). 360-354-1946 P.O. Box 551 E-MAILADDRESS LeanneH@sskinsurance.com ......... ...... INSURER(S) COVERAGE NAIC # Paul D. Kenner __.._.._...._..._........------�-S) AFFORD --- -------__----------..__...f.......------- INSURER A : Philadelphia Indemnity Ins. 118058 INSURED Advancement Northwest LLC INSURER B : 1313 E. Maple St Suite 201 - ---_—_--_—___—_- ---- PMB 564 INSURER C: Bellingham, WA 98225 INSURER D : 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN �A60CTSDi3i� — POLICY EFF POLICY EXP TYPE OF INSURANCE LTR IN R i WVD' POLICY NUMBER MMIDD/YYYY ; MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A . X COMMERCIAL GENERAL LIABILITY X X ',PHPK948710 12/11/12 12/11/13 A - iOREATSD_pREMISES(Eaoccurrence) . $ — _ 300,000 CLAIMS -MADE X . OCCUR,, - ., MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY _ $ 1,000,000 �( --• Professional Llab -. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 r-- POLICY .--�^ EO---- LOC i $ AUTOMOBILE LIABILITY _-_ COMBINED SINGLE LIMIT -_ Ea accident $ 1,000,00 A X ANY AUTO iPHPK948710 12/11/12 12/11/13 BODILYINJURY (Per person) $ ALLOWNED --- SCHEDULED --- ... .-._— _-__—_.................—_ BODILY INJURY (Per accident) $ .—__...._ AUTOSAUTOS,, NON -OWNED -. PROPERTY DAMAGE $ HIRED AUTOS _= AUTOS ! UMBRELLA LIAR , OCCUR `- EACH OCCURRENCE $ EXCESSLIAB_ CLAIMS -MADE. AGGREGATE DED RETENTION $ $ WORKERS COMPENSATION - ! WCSTATU- 'OTH- AND EMPLOYERS' LIABILITY Y / N ... .. TORY LLMITS ;, ER - ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.ACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? `� NIA _.._. ...,..... ...... - .....,.. .... _ ......... (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under ; --------__.__._..—_— DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A 'Professional Liab PHPK948710 12/11/12 12/11/13 :Aggregate 2,000,00 :Occur 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) General Liability Deluxe Endorsement: Human Services - PI-GLD-HS 10/11 State of Washington DSHS P.O. Box 45340 Olympia, WA 98504 TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. AC(DRD 2^, 1,201001055 —1 he jnCORi a names Anri iogn are registered marks Oi;ue_ciretJ' 393 EXHIBIT "V (ASSIGNMENT OF MEDICAID BILLING RIGHTS) The County, through its agreement with the Department of Social and Health Services (DSHS), Developmental Disabilities Administration (DDA), must ensure that all County -contracted providers assign their Medicaid waiver billing rights to the County. DSHS, as the single state Medicaid agency, has administrative authority for Title XIX coverage of services for people with developmental disabilities per 42 CFR 431,10, The County only has responsibility for services covered under its contract with DSHS/DDA. The Contractor agrees, by signing below, to assign to the County its Medicaid waiver billing rights for services to DDA clients eligible under the Title XIX programs. If the Contractor chooses to contract directly with DSHS to provide covered services under Title XIX, those services will not be billed to the County. 3�i (3 Authorized Signature Date HL_070113_Advancement.°Northwest-Adult_:DD_Services Page 18 C•i COUNTY COUNCIL AGENDA BILL NO. 20l3-226 CLEARANCES Initial Date Date Received in Council Office Date to: Originator 5 %'HATCOM COUNTY COUNCIL _AVenda, -Assigned Division Head: MP JER Prosecutor PurchasinglBudget: Executive: My $ Clloh3 TITLE OF DOW endment #2 to the contract with FHB Consulting ATTACHMENTS: Cover Memo, Contract Information Sheet, Contract Amendment, Scope of Work 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: This agreement provides.for consultant services to implement phase Il qf the Ag- Watershedpilot project, assisting with tasks articulated in the grant agreement scope between Whatcom County and the WA Dept qf Commerce. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on Contract for Services Agreement [Insert more specific appellation] Page v10 395 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax MEMORANDUM TO: Jack Louws, County Executive THROUGH: J. E. "Sam" Ryan, Director T, FROM: Samya Lutz, Planned;'!. RE: FHB Consulting Contract DATE: June 5, 2013 ].E. "Sam" Ryan Director .JUG! 0 5 2013 Enclosed are two (2) originals of the contract amendment #2 to contract #201206008 between FHB Consulting and Whatcom County for your review and signature. ■ Background and Purpose FHB Consulting has been leading the consultant team providing professional services to implement the grant agreement between Whatcom County and the WA State Department of Commerce. That grant is funding the Ag-Watershed Project which is testing incentive mechanisms to improve watershed health and agricultural viability. ■ Funding Amount and Source This amendment adds $115,560 to the original contract amount to bring the total to $218,519. The funding source is from the Agricultural Watershed Pilot Project Grant and does not change. ■ Differences from previous contract This amendment provides for consultant services to implement Phase II of the project, assisting with tasks articulated in the grant agreement scope between Whatcom County and the WA State Department of Commerce grant. Please contact Samya Lutz at extension 51072 if you have any questions or concerns regarding the terms of this agreement. Encl. C•. WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. "?01 2 0 600 Originating Department: Planning & Development Services Contract Administrator: Sam a Lutz Contractor's I Agency Name: FHB Consulting Services Inc. 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): 201206008 Is this a grant agreement? Yes No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes X No _ If yes, associated Whatcom County grant contract number(s) #201203014 Is this contract the result of a RFP or Bid process? Yes X No If yes, RFP and Bid number(s) RFP 12-38 Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more and any prior amendments) than $35, 000, please submit an Agenda Bill for Council approval and a $102,959.00 supporting memo. Any amendment that provides either a 10% increase in This Amendment Amount: amount or more than $10,000, whichever is greater, must also go to Council $115,560.00 and will need an agenda bill and supporting memo. Ifless than these Total Amended Amount: thresholds, just submit to Executive with supporting memo for approval. This $218,519. 00 contract is exempt from the E-Verify clause because it is a professional services agreement Scope of Services This agreement provides for consultant services to implement phase II of the Ag-Watershed pilot project, assisting with tasks articulated in the grant agreement scope between Whatcom County and the WA Dept of Commerce. Term of Contract: Expiration Date: December 31, 2014 Contract Routing Steps & Signofb` (sign or initiall [indicate date transmitted) 1. Prepared by: SLKLutz r Date May 29, 2013 [electronic] 2. Attorney reviewed: Date s f 3 [electronic] 3. AS Finance reviewed: bbe� ' t-- Date a[electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff.• Date t3 7. Contractor signed: Date 4,- 6 -13 8. Submitted to Exec Office Date 6-s' l3 [summary via electronic, hardcopies] Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept, Date 14. County Original to Council Date this form may need to expand to more than one page 397 Whatcom County Contract No. AMENDMENT 2 OF CONTRACT FOR SERVICES AGREEMENT Whatcom County Agricultural Strategic Plan Implementation FHB Consulting Services, Inc., hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Amendment, replacing the existing Phase I Exhibits A (Scope of Work) and B (Consideration), with new Phase II exhibits, effective June 28, 2013, regardless of date of signature. All other portions of the original contract remain in force and full effect. Copies of these amended items are attached hereto and incorporated herein by this reference as if fully set forth herein, This Amendment changes the termination date of the Agreement, unless terminated or renewed as elsewhere provided in the Agreement, to the 31 st day of December, 2014. This amendment changes the maximum consideration for this agreement, which shall not exceed $218,519.00. This maximum consideration includes that which is set forth in the attached revised Exhibit B (Compensation), as well as that expended according to the original Scope and Consideration for work performed through June 28, 2013. The general purpose or objective of this revised Agreement is to: continue implementation of the Agricultural -Watershed pilot protect, as more fully and definitively described in the revised Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. IN WITNESS WHEREOF, the parties have executed this Amendment this CONTRACTOR: FHB Con&ltino Services Inc r Hedther MacKay, Director STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) day of 20 On this day of tk�k,0 , 2013, before me personally appeared +f efr N Arm to me known to be the ' r (title) of FHB Consulting Services Inc., and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. Contract for Services Agreement Agriculture Strategic Plan Implementation: Ag-Watershed Project [1a CX.* WHATCOM COUNTY: Recommended for Approval: Departf6ent Director , Date Approved as to foray..° P r o s e c ey Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: FHB Consulting Services, Inc. 1610B Grover Street, Suite 10 Lynden, WA 98264 Contract for Services Agreement Agriculture Strategic Plan Implementation: Ag-Watershed Project 12-1 399 EXHIBIT A - REVISED SCOPE OF WORK Whatcom County Agricultural —Watershed Pilot Project, Phase 2 PROJECT DESCRIPTION Whatcom County entered into grant agreement #201203014 with the WA State Department of Commerce to implement an Agricultural -Watershed pilot project on April 10, 2012. The original contract outlined the assistance with implementation of the first phase of the project; this revised scope of work outlines the assistance to be provided with the second phase which will implement two pilot restoration and enhancement projects on high quality habitat areas within agricultural areas in the north county, which demonstrate how the use of incentives and/or payments for voluntary actions on agricultural land can advance both watershed planning and agricultural planning objectives. This project has been funded wholly or in part by the United States Environmental Protection Agency under Puget Sound Ecosystem Restoration and Protection Cooperative Agreement Grant PC-OOJ20101 with Washington Department of Ecology. The contents of this document do not necessarily reflect the view and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use. DESIRED LONG-TERM OUTCOMES The tasks and achievements during this phase 2 contract are short-term targets that help lead the way to the much broader long-term outcomes we are trying to achieve in Whatcom County in the arena of agricultural and watershed planning, and the overall goal of greater efficiency in local government. While these are beyond the scope of this contract and even the grant project, they help to illustrate the direction we are going with the current project and are important to keep in mind as we move forward. Some of these long-term outcomes include: An environmental mitigation program that would allow private and public developers to pay in -lieu fees for certain environmental impacts. The fees would pay for already -implemented quality restoration projects located on appropriate land within the impacted watershed. • An opportunity for public agencies to more effectively and efficiently mitigate for environmental impacts of necessary public works projects such as road construction or flood control levy work. • A non -regulatory mechanism that provides an economic incentive to protect water resources and agricultural lands critical to the long term viability of agriculture in Whatcom County. TEAM STRUCTURE The implementation of an effective process will be the result of a team effort requiring coordination between the Consultant team and the following groups: o Whatcom County — Planning and Development Services; Public Works & Engineering Departments; Agricultural Advisory Committee; WRIA 1 Joint Boards; and other localized or issue -focused advisory committees as appropriate such as the Marine and Shellfish Advisory Committees, and Agricultural PDR Oversight Committee o Project Partners: Whatcom Farm Friends, Whatcom Conservation District, WA Department of Fish & Wildlife, WA State Dept of Commerce o Key Stakeholders: Tribal governments; WA State Department of Commerce, and the Watershed Characterization Technical Assistance Team; Natural Resources Marketplace Working Group; local small city governments; planning and environmental interest groups; Watershed & Drainage Improvement Districts, farmers and other farm interest groups Contract for Services Agreement Agriculture Strategic Plan Implementation: Ag-Watershed Project [3] W1 TIMING The project in its entirety will be completed by December 31, 2014. The project incorporates key reporting milestones with technical memoranda, draft reports, and final reports for each task item associated with the project, as indicated below. Deadlines may be modified when mutually agreed in writing by the County and Consultant. SUMMARY OF TASKS AND SCHEDULE 113 Public Outreach Task 2:Mitigation Credit Accounting System (CAS) Thru February 2014 2A Final Prototype CAS for pilot transactions _..... ........... ..._ .... . ...... .. January 24, 2014 2B Agency agreements in principle secured January 24, 2014 _..... ........ . 2C Operationalize marketplace model February 21, 2014 _....... Task 3 Acquisition and Restoration i _ . ,.......... ... ... _.........._.r......._._? Thru November 2014 _ ...__._.__. 3A Pilot project development plans _..._w..._ _.. _____.__. _ ._....__....., October 25, 2013 3B Transaction agreement mechanisms August 28, 2014 3C Pilot implementation & CAS testing _...... - ...... . ....... __.w...__.......w._...._._____ . ._.__...F...___._._n October 3, 2014 _...__.._._. _._..___.._.._._._� 3D Technical report & recommendations November 21, 2014 Task 4:Evaluation and Transfer Thru December 2014 4A Agency coordination November 21, 2014 4B . Implementation plan E November 21, 2014 Overall Completion: _ _........... ......... .. _.. _.,... December 31, 2014 ... _.__. ,_.... _ . r..... _....._ ............... ... ......... _. THROUGHOUT TASKS 0-4 THE COUNTY WILL: • Provide assistance with meeting coordination and logistics including meeting room reservations, meeting advertisements, committee notification, publishing agendas and other materials (developed by the Consultant), providing copies of meeting materials (e.g. fact sheets), disseminating to the public electronic documents through email and websites, and tracking public comments related to the project. • Provide one or more staff members to attend the outreach meetings and review committee meetings and support the Consultant at presentations to the County Council. • Notify relevant offices (e.g. County Council) in timely manner of public meeting schedule for notice publication. Contract for Services Agreement Agriculture Strategic Plan Implementation: Ag-Watershed Project [4) 401 TASK 0: PROJECT MANAGEMENT TASK DESCRIPTION The Consultant project manager (PM) will apply knowledge, skills, tools, and techniques to project activities to meet the requirements as written herein. The PM is responsible for coordinating and centralizing their own and sub -consultants' work to achieve the project objectives and meet the deliverables. The PM is responsible for sub -consultant supervision, quality assurance and control, and budget and schedule control throughout the project. At conclusion of the work, files and records will be closed and archived. Consultant time required to manage this project and coordinate sub -consultants is budgeted under specific tasks. Timeline July 2013 — December 2014 Consultant responsibility Invoice/Status Reports: Consultant will prepare monthly invoices that describe and document, to the County's satisfaction, the work performed, the progress of the project, and fees. Monthly status reports will accompany each invoice and include comparisons of monthly expenditures and cumulative charges compared to budget by task. Coordination with the County: The Consultant will maintain close coordination with the County project manager to ensure the County's goals for this project are met within the allocated budget and schedule. Coordination of Sub -consultants: Consultant will prepare subcontracts/agreements for any sub -consultants in accordance with federal, state and county requirements. No sub -consultant work will occur or be paid for until Consultant has submitted signed subcontracts/agreements to the County's satisfaction. Consultant will coordinate scope and budget, and conduct progress calls as appropriate. Task 0 Work Products 1. Monthly Status Reports & Invoices 2. Signed sub -consultant Agreements Whatcom County: The County will review progress reports and approve invoices. TASK 1: PROJECT COORDINATION Consultant will continue to build upon the significant investment of time and resources that has already been put into these and related efforts over the past few years and the first phase of the project. Consultant will continue the coordination of watershed and agricultural planning work related to the project through the existing Review Committee and a Project Team, as well as engaging the broader public through targeted opportunities and the implementation of the Outreach Strategy developed in Phase I. Task 1a: Coordinate with Project Team and Review Committee Consultant responsibility The Review Committee is made up of members of the WRIA joint boards/staff team and representatives of the Agricultural Advisory Committee (AAC), a state agency representative of the State Watershed Characterization Technical Assistance Team (WCTAT) users group and/or Puget Sound Partnership consultant, representative(s) of targeted Watershed Improvement District(s), project partners and staff. The Review Committee will play a more limited role in phase 2 of the project than in phase 1 in terms of tracking, reviewing, advising, and communicating the project progress. It is anticipated this committee will meet in person 2 to 4 times in phase 2, participate in broader outreach activities, and engage via project website and email communications between meetings. The Project Team will be made up of county cross -departmental staff, consultants, and project partners. Project Team meetings will happen every 5-8 weeks in person, and may include only portions Contract for Services Agreement Agriculture Strategic Plan Implementation: Ag-Watershed Project [5] 402 of the Team related to specific project tasks. Technical and support team participants (including sub - consultants) will join in Project Team meetings as necessary either in person or by video or telephone. The term "Committee" is used below to refer to both Project Team and Review Committee meetings, with both groups used appropriately by the consultant to continue project momentum and provide substantive input on work products as they are developed. To summarize this work, consultant will: • Develop committee agendas, handouts, and provide necessary meeting materials and supplies. Coordinate with County staff to schedule committee meetings and reserve space. • Conduct Committee meetings by leading discussions about project objectives, key issues and concerns, approaches, technical needs, methods, data, assumptions, priorities, communication protocols, policy issues, and work products. • Document committee meetings and provide quarterly status reports. Produce draft documents for Whatcom County and committee comment, incorporating feedback into their final work products. • Maintain collaborative communications with County staff, Review Committee, and Project Team through online and email based discussions and document sharing. • Participate in Project Team meetings. Task lb: Engage the broader public and continue to implement Public Outreach Strategy Consultant responsibility The Consultant will continue to engage the public as outlined in the outreach strategy developed in phase 1, including engagement with key individuals, interest groups, standing committees, agencies; and include direct in -person contacts, telephone contacts, meeting discussions (external outreach), and open houses or field tours. Outreach discussion items will include key issues and concerns, including perspectives on priority ecological and agricultural outcomes, and information learning and key recommendations as the project draws to a close. To summarize this work, consultant will: • Implement Public Outreach Strategy. • Engage and communicate with stakeholders through timely website and other public notices about ongoing project progress and engagement opportunities. • Conduct at least two field tours/open houses with engagement and participation from stakeholders. • Conduct at least two Review Committee meetings and Project Team meetings every 5 — 8 weeks. • Provide regular (bimonthly) updates for county staff for distribution to broad email list. Task 1 Timeline July 2013 — December 2014 Task 1 Work Products 1. Documentation of Review Committee and Project Team meetings held 2. At least two field tours/open houses conducted 3. Public Outreach Strategy implementation documented 4. Website and other public notice documentation of communication with stakeholders. 5. Bi-monthly updates provided Task 1 Whatcom County Whatcom County will reserve meeting space and distribute agendas. Whatcom County will provide public notice for meetings (when necessary). Whatcom County will provide technical specifications (if any) for work products. Contractfor Services Agreement Agriculture Strategic Plan Implementation: Ag-Watershed Project [6] 403 TASK I: PROTOCOL MITIGATION CREDIT ACCOUNTING SYSTEM (CAS) FINALIZED FOR PILOT IMPLEMENTATION The pilot projects will test the tracking and accounting protocol developed in phase 1; this task relates to finalizing the CAS protocol in relation to the project team and multiple agencies involved, with focus on the specific pilots appropriate for the project. This task involves selecting the pilot projects and beneficial actions to be tested through measurement tools that were preliminarily identified in phase 1. Those tools will be chosen in coordination with relevant permitting agencies, securing agreements in principle from those agencies, and implementing the prototype credit accounting system operations to be used throughout the project (E.G., testing metrics, methods, and assessments). Some of this task will be done in parallel with Task 3. Specific plans will be developed documenting the process for any needed testing and adjusting of measurement tools for local application, focusing on scientific rigor, public transparency, and future ability to replicate. Task 2a: Final Prototype Credit Accounting System (CAS) for testing in pilots Consultant responsibility Finalize the prototype CAS report developed in phase 1, including: • Incorporating & reconciling agency, team, and stakeholder inputs; • Identifying timelines for progressively more committed agency agreements; • Articulating an approach to addressing gaps and uncertainties identified in phase 1; and • Clear identification of local policy changes that could help or hinder implementation of the prototype CAS. To summarize this work, consultant will: • Create a final prototype Credit Accounting System (TM3 in phase 1) including changes related to agency agreements, pilot project verification, beneficial actions or measurement tools, or any other changes impacting the implementation of the CAS in the pilots. • Create a timeline for agency agreements. • Draft agency agreements. Continue coordination with the project partners, permitting agencies, and WCTAT to assist with pilot baseline assessments, agency agreements, and landowner communications. Timeline Through January 2014 Task 2b: Agreements in Principle Secured Consultant responsibility Secure agreements with relevant agencies involved that clearly outline expectations, assumptions and roles throughout the project period. Agreements should articulate the methods used in measuring and quantifying the beneficial actions demonstrated in the pilot projects, with agencies or groups acknowledging these methods for testing purposes, and committing to incorporate learning from the project pilots into their agencies. Roles specific to the administration, pilot properties, beneficial actions, monitoring and agency permitting will also be articulated in the agency agreements. To summarize this work, consultant will work on: • Agency Agreements should be completed by the target date of August 2013. However, if beneficial actions and measurement tools are not sufficiently developed to garner agency support of all facets discussed above by the August 2013 date, preliminary agreements will be completed by that time that lay out expectations of roles, assumptions of process, and a commitment to participate in finalizing the methods used in the pilots. Final agreements will then be completed when all facets are ready for commitment. • Continued coordination of dialogue among regulatory agency representatives and project partners about beneficial actions and measurement methods that include all facets of pilot testing. Contract for Services Agreement Agriculture Strategic Plan Implementation: Ag-Watershed Project [71 ME Timeline Through January 2014 Task 2c: Operationalize Marketplace Model Consultant responsibility Implement the prototype CAS into a working operational model that can be populated throughout the pilot period. • Incorporate a 'local currency calculator model' for application in the pilots; • Assess and analyze options for online, spreadsheet, or other approaches; and • Incorporate project team input, practical and logistical factors, and eventual anticipated expansion of model in recommended final approach. Using already existing web -based, spreadsheet, or another equally effective platform model, adapt and implement a 'local currency calculator model' that allows for input of baseline data and beneficial action data, and automates assessment using agreed -upon pilot metrics for measuring and quantifying predicted impacts over time. This model should integrate the results in a user-friendly format, be open for stakeholder input, and be adaptable and expandable over time. Timeline Through February 2014 Task 2 Work Products 1. Final prototype Credit Accounting System, with all beneficial actions and measurements finalized as prototypes for use in pilot projects. 2. Agency Agreements (including but not limited to: WA Dept of Ecology, WA Dept of Fish & Wildlife, Whatcom County). 3. Local currency calculator model. Task 2 Timeline July 2013 — February 2014 Task 2 Whatcom County Whatcom County staff will be responsible for final implementation of all matters related to obtaining formal Executive or Council approval or signatory authority for agreements; including purchase agreements, contracts, easements, and budget authority. Whatcom County will assist with project partner and agency coordination, reserve meeting space and distribute agendas, provide public notice for meetings (when necessary), provide technical specifications (if any) for work products, and provide GIS information, as needed. TASK 3: ACQUISITION AND RESTORATION The pilot projects will test the CAS (described above) on properties secured through agreements with landowners. This task relates to conducting the pilot transactions, including: • finalizing the pilot transaction sites, prospectus, and plans using the work articulated in the Marketplace Implementation Report developed in phase 1 as the foundation; • developing — and assisting with the execution of — the appropriate agreements, contracts, and/or easements that enable a progressive commitment and appropriate security on the part of the landowners, partners, agencies, and the County; • coordinating any on -the -ground actions identified in the pilot; • linking field research to modeling and other CAS operations (coordination with Task 2); • disseminating information to partners, agencies, stakeholders, and county decision -makers along the way (coordination with Task 1); and Contract for Services Agreement Agriculture Strategic Plan Implementation: Ag-Watershed Project 181 405 • maintaining sufficient documentation to inform the development of recommendations for adapting the process and CAS based on scientific learning, stakeholder input, and ease of replication and administration in the future (coordination with Task 4). Task 3a: Pilot Project Development Plans Consultant responsibility Finalize pilot transactions, including beneficial actions, measurement tools, verification plans, transaction mechanism(s) and timing, valuation and funding, using the Marketplace Implementation Report and prototype CAS as the foundation. Develop technical memorandum (#4) describing the above facets of each pilot site in detail. Timeline Through October 2013 Task 3b: Transaction/easement mechanism Consultant responsibility Develop agreements (letters of commitment, contracts, easements, etc.) with relevant landowners and/or groups of landowners (e.g. drainage or watershed improvement districts), that clearly outline expectations, assumptions and roles throughout the project period. Coordinate among project partners to develop supportable method of valuation for contracts or easements. If multiple progressively - committal agreements are needed, develop a clear timeline for when those agreements should be executed with key milestones and associated trigger points. Final agreements should, at a minimum, provide sufficient assurance that: • ongoing access, tracking, monitoring, and other field work can be conducted for a minimum of 15 years, and preferably in perpetuity; • any anticipated installation, earth work, or other pilot -related infrastructural work can be conducted as designed within a specified timeframe (allowing sufficient time to secure additional funding, if relevant); and • any future marketplace credits generated from the pilot beneficial actions (if any) can accrue to the benefit of the county (or marketplace administrator) for use as offsets for other local projects requiring mitigation. Landowner Agreements should be completed by a target date of October 2013. However, ifthe pilot scope is not sufficiently developed to be ready for landowner full commitment by the October 2013 date, preliminary agreements will be completed by that time that lay out expectations of roles, assumptions of process, and a commitment to participate in finalizing the pilot agreements. Final agreements will then be completed when all facets are ready for commitment. Continue coordination of dialogue among landowners and project partners about beneficial actions, prototype CAS, and long term objectives of project that clarify assurances. Timeline Through August 2014 Task 3c: Pilot Implementation & CAS testing Consultant responsibility Work closely with the County and project partners to execute and implement agreements developed in Tasks 3a and 3b, above. In conjunction with Project Partners, coordinate all design, field work, modeling, installation and on -the -ground actions identified in the pilot, link field research to modeling and other CAS operations (coordination with Task 2), disseminate information to partners, agencies, stakeholders, and county decision -makers along the way (coordination with Task 1), and adapt practices and approaches as needed to respond to on -the -ground realities. To summarize this work, consultant will: Contract for Services Agreement Agriculture Strategic Plan Implementation: Ag-Watershed Project 191 * • Clearly articulate and coordinate Project Partners, subconsultants, regulatory agencies, and landowners roles and responsibilities with regard to pilot implementation (related to Tasks 1, 2, 3a, and 3b). • Coordinate all prototype CAS testing and all field work and on -the -ground actions to be undertaken consistent with Tasks 2c and 3a. • Document actions and adaptations occurring throughout the pilot implementation. Timeline Through September 2014 Task 3d: Technical Report & Recommendations Consultant responsibility Maintain sufficient documentation to inform the development of recommendations for adapting the process and prototype CAS, based on scientific learning, stakeholder input, and ease of replication and administration in the future (coordination with Task 4). Develop a draft report summarizing the pilot process and recommendations. To summarize this work, consultant will: • Using pilot development plan (TM#4) as a starting point, summarize the process of pilot implementation, and any changes or adaptations made, including transaction costs for undergoing pilots and utilizing the CAS. • Analyze pilot transactions and prototype CAS in light of phase 1 expectations and lessons learned. • Address specific information on regulation and/or agency cooperation (local and state, as relevant) that needs to be considered, or barriers that need to be addressed in order to replicate or expand the program in Whatcom County or elsewhere. • In accordance with outreach plan and Task 1, provide opportunities (at least two) for stakeholders to interact with project partners and discuss pilot transactions and prototype CAS (field tour or other forum), in addition to Review Committee discussion about same. • Incorporate stakeholder input into analysis to create pilot implementation report. • Communicate results to decision makers through Council presentations (1-2) at appropriate committee meetings. Timeline Through November 2014 Task 3 Work Products 1. Pilot Development Plan, Technical Memorandum #4 (TM numbering continued from phase 1) 2. Draft and final contract/easement mechanisms between County and landowners 3. Documentation of on -the -ground actions and field work 4. Documentation of utilized prototype CAS 5. Draft and final report on pilot implementation 6. Presentations to stakeholders and decision -makers (up to three additional; four are included in Task 1) Task 3 Whatcom County County staff will be responsible for final implementation of all matters related to obtaining formal Executive or Council approval or signatory authority for agreements; including purchase agreements, contracts, easements, and budget authority. The value paid to landowners for contracts or easements is not included in this contract. County staff will schedule and submit Council agenda bills in coordination with consultant PM. County will assist with project partner and agency coordination, reserve meeting space and distribute agendas, provide public notice for meetings (when necessary), provide technical specifications (if any) for work products, and provide GIS information, as needed. Contract for Services Agreement Agriculture Strategic Plan Implementation: Ag-Watershed Project [10] 407 TASK 4: EVALUATION & TRANSFER This task integrates the Marketplace Implementation Report from phase 1 with the experience of implementing the pilots and protocol CAS. The Consultant will reflect on and evaluate the process, and develop an implementation strategy report which addresses all aspects of the project with an eye for replication and/or expansion in the future, including: transaction costs, administrative resource needs, institutional structures, agency cooperation (including partner agencies, their programs, and other permitting agencies), and integration with or changes to local policies such as farmland mitigation and critical areas management. Task 4a: Agency Coordination Consultant responsibility In light of project learning, revisit agency agreements -in -principle to address methodology of prototype CAS (Task 2) and assess whether changes are warranted. Create a structure and method for multi - agency sign -on of adapted CAS, and include a process for subsequent adaptations over time. Develop a mechanism and process by which the adapted CAS can be accepted by multiple agencies, including a way to adapt it over time as measurement tools are developed and accepted for additional beneficial actions. Coordinate dialogue among regulatory agency representatives and project partners with the intent of obtaining multi -agency agreement on the adapted CAS. Task 4b: Implementation plan Consultant responsibility Develop an Implementation strategy report that incorporates learning from pilot development and implementation, and addresses the next steps for further CAS development and implementation of a natural resource marketplace. Include information about administrative and financial resources needed, institutional management given all sectors interested in participating, further agency coordination needs, strategic opportunities for near -term development (e.g. CREP expiring leases) and associated code or policy changes needed, status of mitigation requirements for farmland and watershed conversions, any other important learning and observations throughout the process that bear on future implementation strategies, and recommendations for next steps. Write preliminary and final Implementation Strategy Report drafts, allowing sufficient time to incorporate feedback from project partners between drafts. Also develop an executive summary, or White Paper' on the Implementation Strategy Report that is a brief, visually appealing summary of key lessons learned and recommendations articulated in the Implementation Strategy Report. Task 4 Timeline Through December 2014 Task 4 Work Products 1. Mechanism for multi -agency sign -on to CAS, including process for adapting over time 2. Implementation Strategy Report (draft and final) 3. White paper on Implementation Strategy Report for broad public distribution Task 4 Whatcom County Whatcom County will assist with project partner and agency coordination, reserve meeting space and distribute agendas, provide public notice for meetings (when necessary), provide technical specifications (if any) for work products, and provide GIS information, as needed. Contract for Services Agreement Agriculture Strategic Plan Implementation: Ag-Watershed Project [11 ] M. EXHIBIT B - PHASE 2 CONSIDERATION As consideration for the services provided pursuant to the revised Exhibit A, the County agrees to compensate the Consultant as provided below for the work commencing in phase 2 of the project that begins upon execution of this revision. The previous Exhibit B no longer applies as of June 28, 2013; compensation based on the original scope and consideration for work performed through June 28, 2013 is added to the amount listed below to calculate the total consideration under the contract. Consultant will invoice the County for milestones and deliverables as completed under the respective tasks, Compensation breakdown by phase 2 task: Task 1A: Coordination of team & committee $6,100 Task 113: Public outreach $11,760 Task 2A: Pilot CAS $5,575 Task 213: Agency agreements $6,185 Task 20 Operationalize model $13,314 Task 3A: Pilot development plans $12,384 Task 313: Transaction mechanisms $10,065 Task 3C: Implementation & testing $38,530 Task 3D: Report & Recommendations $6,614 Task 4A: Agency coordination $4,430 Task 413: Implementation plan $7,496 Total Phase 2 Budget $122,453 The not -to -exceed budget for phase 2 is based on the table below. This table should not be used as a precise reflection of hours or personnel assignments by task. Hourly Rate Role Task 1 Task 2 Task 3 Task 4 Total Heather MacKay $60 Project Manager 00 $12,240 $1,920 $22,740 'Mary Ma Dumas $75 -... _ .Facilitation/ Public Outreach $11,850 $2,100 $6,000 _........_ $3,000 . _ _-_ $22,950 Admin $40 Administrative support $1,280 $960 ; $6,400 $0 $8,640 Subtotal $14,510 # $10,260 {Jeremy Eckert ; $245 'Consultation 1 $490 $1,715 i6ennis Canty $110 Credit Accounting System (CAS) $550 $1,430 ;Research Asst. $45 !Research Assistance $0 $1,800 i..._ ._ .. ... ;John Gillies $60 _.._ 1CAS & Pilots ; $300 .._ $300 jDavid Hooper $46 iScientist & Metrics specialist $230 $1,702 ;Bobby Cochran $75 ;CAS specialist j $150 1_ $975 ;Technical Spec. $75 _.__.....__....__.__.___ ...-.._.__.---......_._._..__..�._.....v.r__.__._.__. !Scientist................_..__._$150._.___.._.._$0_...__ Stephen Seymour $50 OCAS &Pilots $250 $250 Hart Hodges $46 . ... iCAS & Pilots $230 $1,702 :.............. Analiese Burns _.. $120 P. Pilots & Metrics s ecialist $600 ..... ........... . ! $4,440 Subtotak $2,950 $14,314 ....__..- ___.....__.._..._ ___...,_...._ Subtotal Personnel Costs ._.__._._...__._.w._..M_..__._.- _,...___... $17,460 $24,574 _,.__..- Project Expenses $400 $500 Contract for Services Agreement Agriculture Strategic Plan Implementation: Ag-Watershed Project $24,640 $4,920 $54,330 $1,225 $0 $3,430 ._ .. _.. .� $1,320 $880 _..- .,...... ......_ _.._ ....... $4,180 $7,200 _ ._._ $0 $9,000 _. $4,920 $0 $5,520 $3,036 $368 $5,336 $1,350 .. $750 $3,225 $750 µ WW $600 -_ $1,500 $2,900 $0 $3,400 $1,932 ! $368 $4,232 $16,320 $3,840 $25,200 $40,953 $6,806 $65,023 $65,593 $11,726 $119,353 $2,000 1 $200 $3,100 [1 2j K• WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-227 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: K. Christensen Originator: �_ fJ l( �� I_ a II11 IIG Irr�1I E C� IE 6/18/13 Finance C.Brueske kzt 6/18/13 Council Division Head: JUN 1 1 201 F. Aart /� l®1� � Dept Head: WHATCO COUNTY COUNCIL Dn Prosecutor: 05/30/13 B. Bennett bb 5/30/13 Purchasing/Budget: J. Louws Executive: TITLE OF DOCUMTW. Construction Services for Coronado -Fremont Stormwater Improvements Project ATTACHMENTS: 1. Memo 2. Contract Information Sheet 3. Contract and related exhibits 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.) Wilson Engineering will provide construction support services for the Coronado -Fremont Stormwater Improvements project including site inspection. Wilson will also assist with resolution of property and right-of-way boundaries to ensure that stormwater facilities are constructed within the easements. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number 201210009 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcoin.wa.us/council. 410 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 322 N. Commercial St., Suite 301 Bellingham, WA 98225 Phone # (360) 715-7450 Fax # (360) 715-7451 www.co.whatcom.wa.us ,JUN 7 ._ N013 TO: The Honorable Jack Louws, County Executive TE � � C O � � 3�,�' '' � Honorable Members of the Whatcom County Counci l"fi ) UN TY EXt: :qu"%UTa1V THROUGH: Frank M. Abart, Public Works Director FROM: Chris Brueske, P.E., Assistant Directo Kirk N. Christensen, P.E., Stormwater _�anager A-9c,. RE: Contract for Construction Services for Coronado -Fremont Stormwater Improvements Project DATE: June 3, 2013 Please find attached for your review and approval two (2) originals of a contract for services between Wilson Engineering, LLC, and Whatcom County for construction services for the upcoming Coronado -Fremont stormwater improvements project. ■ Background and Purpose Wilson Engineering (Wilson) will provide construction support services for the Coronado - Fremont Stormwater Improvements project including site inspection. Due to a busy construction season, County staff is not available to provide inspection services. The stormwater improvements include installation of stormwater facilities that are complex, and part of the project is located within easements on private properties. Wilson will also assist with resolution of property and right-of-way boundaries to ensure that stormwater facilities are constructed within the easements. Wilson Engineering was chosen through a competitive selection process. ■ Funding Amount and Source This contract in the amount of $89,783 is funded by Public Works-Stormwater's 2013 base budget (cost center 123208) with partial reimbursement by State of Washington Department of Ecology Grant G1200573 (Whatcom County Contract #201210009). Please contact Kirk at extension 50209 if you have any questions regarding this agreement. Attachments 411 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ot22,ob �2 Originating Department: Public Works-Stormwater Contract Administrator: Kirk Christensen, Stormwater Manager Contractor's / Agency Name: Wilson Engineering, 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 X No If yes, associated Whatcom County grant contract number(s) 201210009 Is this contract the result of a RFP or Bid process? Contract Yes X No If yes, RFP and Bid number(s) _Direct letter invite_ Cost Center: 123208 Is this contract excluded from E-Verify? No Yes _X If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: X Contract less than $100,000. X_ Professional 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 $ 89,783 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: Wilson Engineering will provide construction support services for the Coronado -Fremont Stormwater Improvements project including site inspection and resolution of property and right-of-way boundaries to ensure that stormwater facilities are constructed within the easements. Term of Contract: I Expiration Date: December 31, 2014 Contract Routing Steps & Signofi [sign or initial] [indicate date transmitted] 1. Prepared by: Remy McConnell Date_5/23/13 [electronic] 2. Attorney reviewed: Daniel L. Gibson_ Date 05130113 [electronic] 3. AS Finance reviewed:bbennett Date_5/30/13 [electronic] 4. IT reviewed if IT relate_d Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff: Daniel L. Gibson Date_05130113 00. 65/13 7. Contractor signed: ,/ Date S- 3 1 -/ 3 8. Submitted to Exec Office Date (o - 7 - / 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 412 AL fi Whatcom County Contract No. CONTRACT FOR SERVICES CONSTRUCTION SERVICES FOR CORONADO-FREMONT STORMWATER IMPROVEMENTS PROJECT WILSON ENGINEERING, 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 to 12 Exhibit B (Compensation), pp. 13 to 14 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 19TH day of JUNE , 20 13 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 ST day of DECEMBER , 20 14 The general purpose or objective of this Agreement is to: provide additional services in the construction phase and to assist with resolution of property and right-of-way issues , 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 EIGHTY-NINE THOUSAND, SEVEN HUNDRED EIGHTY-THREE AND NO/100 DOLLARS ($ *89,783.00*). The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this 3l day of MC-!j 12013 CONTRACTOR: WILSON ENGINEERING, LLC 3 +� �� y y✓ Andrew Law, P.E., Managing Member STATE OF WASH INGTON ) ) ss. COUNTY OF U H c•. ) On this 3 tt day of A 20LIt before me personally appeared ANDREW LAW to me known to be a MANAGING MEMBER of WILSON ENGINEERING, LLC, anJ who executed the above instrument and who acknow dged to me the act of signing and sealing thereof. t NOTARY P619LIC 0 and for the State of Washington, residing at ����,�m°Qr My commission expires Q - oZ8 - lb y�- s w ® bpi = w � w g• Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project Page 1 413 WHATCOM COUNTY: Recommended for A�pproval: zx ( &ankDate Public Works Director Approved as to form: Daniel L. Gibson Date Chief Civil Deputy Prosecutor 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: WILSON ENGINEERING, LLC Contact Name: Andrew Law, P.E., Managing Member Address: 805 Dupont Street, Suite 7 Bellingham, WA 98225 Contact Phone: 360.733.6100 Contact Email: alaw@wilsonengineering,com Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project Page 2 414 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: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed, Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. 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 Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project Page 3 415 documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 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. Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project Page 4 416 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: 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. 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 (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. a. Professional Liability - $1,000,000 per occurrence. 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. Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project Page 5 417 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 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. Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project Page 6 418 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: Frank M. Abart, Director, Whatcom County Public Works, 322 N. Commercial Street, Suite 210, Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verity: 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: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to, any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 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. Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project Page 7 419 c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project Page 8 420 EXHIBIT "A" (SCOPE OF WORK) Wilson Engineering, LLC Construction Services for Coronado -Fremont Stormwater Improvements Project in the Lake Whatcom Watershed And Related Property Boundary Surveying Services Background "Fhis scope of work is for the construction phase of a stormwater retrofit project in the Coronado -Fremont vicinity of Geneva in the Lake Whatcom Watershed. The project location is the Beecher Street abandoned right-of-way between Fremont Street and Whitney Street and in Whitney Street. There will also be work on the Fremont Street ditch that flows to this location. Purpose and Need for Construction Observation Services It will be essential to have a capable onsite construction observer who can document work and ensure that the contractor executes the project per the bid documents. Purpose and Need for Construction Phase Engineering Services Due to the sensitive nature and complexity of the construction of this project and the tight schedule, it will be very beneficial to have the project engineer heavily involved with the construction phase to ensure that the project goes well. This will doubly important in the event that a less qualified contractor is working on the project. Purpose and Need for Boundary Survey "Fhis stormwater retrofit project (and related projects) includes installation of stormwater facilities that will directly abut private properties or that will be located within easements on private properties. In order to ensure that stormwater facilities will not be inadvertently constructed on private properties and that all easements to be obtained from property owners will have accurate legal descriptions, it is essential that the muddled property and right-of-way boundaries in this vicinity be resolved. The stormwater facilities will be installed within the east half of the vacated and abandoned right-of-way (ROW) of Beecher Street (between Fremont Street and Whitney Street) and in Whitney Street. The two property owners to the east have agreed to allow construction within their 30 feet of the abandoned ROW. The two property owners to the west are disagreeable to construction in their 30 feet of the abandoned ROW. It is imperative that the exact location of the 30-foot width of the construction area be determined. The parcel property lines, as previously determined, are unlikely to be accurate based on the long convoluted history of survey monumentation and property delineation in this area. One of the stormwater retrofit projects to be constructed in 2014 consists of essentially stream stabilization. The segment of stream to be stabilized extends from the intersection of Coronado and Lake Whatcom Boulevard to Whitney Street. This project is entirely on private property and as such a boundary survey is needed in preparation for acquiring easements for this work. This boundary survey can also be used for future projects on Lake Whatcom Boulevard. Exhibit A, Scope of Work Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project Page 9 421 SCOPE OF WORK The work described above and in the following sections constitutes services to be provided by Wilson Engineering to the County. PHASE 1-A. ONSITE CONSTRUCTION OBSERVATION SERVICES PHASE 1-B. CONSTRUCTION PHASE ENGINEERING SERVICES PHASE 1-C. BOUNDARY SURVEYS AND EASEMENTS Subtasks are described for each phase. Similar subtasks are described together but listed separately in the fee estimate exhibit. SCHEDULE AND BUDGET The boundary survey work will be completed within 30 days of notice -to -proceed. Construction phase services will be completed in a timely fashion as needed to keep the construction on schedule for completion by September 30, 2013. The attached Exhibit B (spreadsheet) gives the basis for the not -to -exceed estimate of $89,783 for these professional services. All work will be performed on a time and materials basis at the personnel and expense rates shown in Exhibits B and B-1. PHASE 1-A. ONSITE CONSTRUCTION OBSERVATION SERVICES Work consists of onsite construction observation and related tasks including: Subtask 1 Attend pre -construction meeting and project initiation/coordination meetings Subtask 2 Set up project notebook and tracking forms Subtask 3 On -site construction observation (45 days) • Daily reports • Coordinate scheduling with Contractor and Engineer • Attend project meetings • Document Contractor employees and Subcontractor employees on site • Document equipment on site • Project Diary • Photo documentation • Document progress • Document material quantities, sources, certification, testing • Track Contractor's schedule and Working Days Subtask 4 Project closeout procedures • Assist with punch list and final acceptance of work • Assist with record drawings • Compile photo documentation and daily reports for electronic and print submittal Subtask 5 Project Management Exhibit A, Scope of Work Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project Page 10 422 PHASE 1-B. CONSTRUCTION PHASE FOR STORMWATER RETROFIT FACILITIES Work consists of construction phase engineering including: Subtask 1 Daily communications with Contractor and County staff This task includes day-to-day communications with the contractor and county staff and the inspector. Correspondence includes emails, letters, transmittals, and telephone conversations. Subtask 2 Public relations This task includes informal and formal meetings with neighbors and providing project information. Subtask 3 Process construction submittals Receive, track, review and approve all submittals from the Contractor. Subtask 4 Review requests for substitutions Receive, track, research, review and approve all requests for substitutions from the Contractor. Subtask 5 Review change orders Receive, track, review, and approve all change orders from the Contractor. Subtask 6 Review contractor's testing & inspection results Subtask 7 Site visits This task includes up to 20 site visits, which include time for travel, on -site work, follow-up and documentation with text and photos. Subtask 8 Project meetings The project engineer will participate in up to 14 weekly meetings including the preconstruction meeting. Subtask 9 Review Daily Reports Review daily reports and report to County on review findings. Subtask 10 Review pay requests Review and recommend for payment up to 6 pay requests Subtask 11 Review punch list work for compliance Subtask 12 Record drawings, project closeout Prepare record drawings based on Contractor and County provided as -built data. Provide all records to the County. Exhibit A, Scope of Work Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project Page 11 423 PHASE 1-C. BOUNDARY SURVEYS AND EASEMENTS Subtask 1/2 Beecher St (vacated) right-of-way field survey and research/exhibits In order to calculate and set the limits of the original Beecher right-of-way, the locations marked with red dots in the above figure will have to be re -determined or reset. In "ordinary" areas, that could be done quite simply by surveying the controlling Plat monuments. Central Geneva has always been problematic for surveyors, however. Monuments controlling the North -South streets in Central Geneva have been confused with monuments controlling the rights -of -way in the adjacent plats. Any work in Central Geneva requires research and field verification of survey reference lines. Subtask 3/4 Whitney St right-of-way field survey and research/exhibits In order to recalculate the ownerships adjacent to Whitney Street and Fir Tree Way (and the property corners in the area) the controlling coordinates for the locations marked with green triangles in the figure shown above will have to be re -determined or re- calculated. Subtasks 5/6 Stream Project field boundary survey Additionally, in order to write easements for the proposed stream improvements north of Whitney, all affected property corners in the affected areas between the streets will need to be re -determined or re -calculated. That will require determination survey lines for Fir Tree Way, Lake Whatcom Blvd, and interior controlling boundary lines and controls. Subtask 7 Stream Project easement descriptions/exhibits Prepare legal descriptions and exhibits needed for execution of easements. This task will be performed after the County right-of-way staff have negotiated easements with the property owners. DELIVERABLES FOR SCOPE OF WORK: 1. Daily reports 2. Construction observation photos 3. Submittal reviews 4. Substitution request reviews 5. Change order reviews 6. Contractor's testing & inspection results review 7. Correspondence 8. Record Drawings 9. Project closeout documents 10. Boundary surveys for Beecher/Whitney stormwater retrofit project and the stream stabilization project 11. Legal descriptions and exhibits for easements for stream stabilization work. Exhibit A, Scope of Work Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project Page 12 424 w CDrn ti o LO N r 0 H (O M (O O O N O (D (f) O V N V N N 00 V Cl) (O M 'R C)V' 00 V (n O 0 C2 0 o0 0 cc)W r 00 C)1- N C)W It N C) V I- N (D CM 0 CM OO U m I� .- O N CD M C (n m a) M (n V (O (n f- 00 �-- V N N N V co (f) (') a (n O a �-- (n (') CM C"M r 00 l j �s u> to t» (ts un (Pr (Pr v3 tra H3 (Pr (Pr u3 u3 &% to to T dLO 0 O N C-4 U O O o N (n o o O U U] tN CD O N r r � tfi T CD .�J C15 O O N N (D CL U) U) 0 0 c N r N N (n co O1 O O U O '� Q 0 co p co 00 U m UY _ o 15, w p o N o ao N O W a3 U o 0 O c 2 O co o (n co co o V v 00 O a UJ r `o C C 0 co N N N o0 V N N o0 00 M CD w U) Q m Q Q : L cn m O Uco m T x U) c w y C d0 C •C1 E)a cn �N a aXi Co N T O 0 o U to N O L x �` x N c O co to W T 5 U C. @ (ry e` y ru C cn n O (6 (6 U N En d t m is JJJ U ' 00 v C "' a m m m v �- fn U (n c d L E= m _o U R 0 L = y ro C ` o= C .0 rn T IJJ p ++ a W a R i C N CO 7 y O a> N -^O _rn > N (6 3 n ca a C E N Q R Z a N T c o o c ro d o o N -a N - 'NC O .N. 3 n Z w a� o a N o m r2 (O a E C U O O n O� N O N 3 L O O y C O 61C C jn N` C Q.' N .� (Up �Up N N N 0 N N p 0 N E O S N C CV `�-� 0 T T L C �IT: v> v .� O O b W E o Eo V E n o a a` d a J d c~ L) 0 U N �' 3 (Li 3 coi 3' .5 3 3� a C L L >> °' °' E E E Q C 0 N cu N O O O .T (� D o ` m 5 a) 'S a) 'S N a) 'p a) '5 a) .5 a> 'S 0 U 7 O U U L L m (a m H O O a`�Oaa` (O C U (6 Aaa��lYc�a�w�� 7 N N N N N N N Jn mm��ininin N 0 Y N M V (n N Cl) V (n (O I-- O m �N... N M V (n (O h ca Q W U L vL T f CL m CL c O O a C 0 O U cn U c c 0 @ U c 2 C: C) En Q C E O U `O CD U � co X O WU 425 Exhibit B-1 Compensation (continued) As consideration for the services provided pursuant to Exhibit A, Scope of Work, the County agrees to compensate the Contractor according to the hourly rates provided below. Compensation for engineering, planning, and surveying professional services shall be for time and expenses not to exceed $89,783, as outlined below and in Exhibits A and B, based on work performed in satisfactory fulfillment of all items listed and receipt of deliverables. Work continuing after the completion date of this contract shall be at the Contractor's expense unless otherwise agreed to in writing. Where professional services are provided on an hourly basis, the following rates shall apply to cover salaries, taxes, insurance, administration, general overhead, and profit: Classification Hourly Rate Principal Engineer, PE $145 Senior Project Engineer, PE $128 Project Engineer, PE $113 Engineer II, PE $105 Engineer I, EIT $97 GIS Analyst $95 Senior CAD Design Technician $80 CAD Design Technician $72 Clerical $66 Inspector $78 Professional Land Surveyor $125 Senior Survey Technician $93 Survey Technician $72 Stormwater Asset Inspector $85 GIS Mapping Technician $105 1-Person Survey Crew $120 2-Person Survey Crew $155 3-Person Survey Crew $190 Sub -consultants - reimbursed at cost plus 5% Direct expenses (reimbursed at cost plus 5%) include but are not limited to) the following: Reproduction of drawings and construction documents Postage and shipping Specialized Equipment Rental, at rental rate (Submission of the above personnel rates should not be construed as a proposal to perform a set scope of work for a particular monetary sum unless accompanied by a detailed estimate of personnel time by discipline which would be required to perform said work.) Exhibit B, Compensation Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project Page 14 426 EXHIBIT €€C" �c or�t�► CERTIFICATE OF LIABILITY INSURANCE DATE(MWJDDtYYYY1 J? 11; 013 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 arms 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), PRUCUi;ER Michael Hallr� CompanyPHONE Hall & Company 195601 '10th Ave NE CONTACT NAME: K ichael J Hall & CO any FAX E-MAIL Anniarsazerlifica hallandcornpaM,.corri €NSURE S AFFORDING COVERAGE NA€CA Poulsbo NA 98370 rNrURERA:HANOVER INS CO 22292 INSURED 1 Fi1113 INSURER B INSURERC: v'"+/Ils n Engineering I_i_C INSURER D : K5 Dupont Street, Suite 7 Bellingham WA 98225 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:418898432 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. NOTF:VITHSTANDING ANY RECUIREMENT, TERIA OR CONDITION OF ANY CONTRACT 0.9 OTHER DOCUMENT WITH RESPECT TO'NHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AD- THE TERMS. XC ELUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HATE BEEN REDUCED BY PAID CLAIMS. INSn LTR TYPE OF 'INSURANCE ADDL INSR SJBR Y'VD POLICY NUM1€BE POLICY EFF MinoayyYY+. POLICYEX rvrwoo1YYY LIMITS GENERAL LIABILITY CCMatERUAL GENEP.AL UASILITY CLAIMS -;RACE OCCUIR EA-;H OCC:iRREN£E S I)AtAA.GE TO RENTED =RE"RISEStEaG c[Irtencel IS MEn- EXP{Ary �x,.e paacnl S PERSONAL 3 AUV INJURY S GENERALAGGREGATE S GENL AGGREGATE L,MIT AP=LIES PER: PCLIL'1` PR-0 LOC PRCC�CT.S-rGhtPiOP AC-v 5 5 AUTOMOBILE aLIMIT LIABILITY- NY AUTO ALL v Vhl£D SCHEVULEC AUTOS :: TOS NON-CvMED HIRED AUTOS AUTOS f., ` c acesdenG � r SOCK:( €PIJi-Y (Per Person) S H DIL'r` I:`JJi::`tY !r ! acc;d�;q S FRC?ER-f CAW -AGE fPerAcc�ultl S z UMBRELLA LIAR EXCESS LIAB Hr-L�Iiv15-CA OCCUR .;;E EACH CCC;.RRE:`;CE S AGGFtEGAT= 5 DeD RE-ENTION S s' WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY Y i N 'NY PROPFRIE=CRiFAzT*IEw'EkECUTPJE❑ CFFICER,'ME`.'.BER U -E--? (BlanUatory in NH) Y yea, descnbs i xler CESCMP'nON'OFr~FERRTCs'iSbehnv N A YCSTAaU- OTH- E.L. E+CH-CC?CEN': a E.L. DISEASE - EA EMPLOYE S E.L. DISEASE-FOLICYLIMIT S A Professional Llal Cla€ IS h13de H29564i150di '1112012 11d213 52 0s Per Claim Aggregate DESLRIP?ION OF OPERATIt3NS.ILOCAVON81 VEHICLES €Att.=.cb ACORO 1314,Adr3iUor.�:°I Realal ks Schcslule, €F m�ix spau sregursed} Project: Construction Services for Coronado -Fremont Stonnwater Improvement, Project in the Lake Whatcom bVatershed And Related Property Boundary Surveying Services I,, hatccrri County Public Works-Stornlv.ater FAttm Remy McConnell, CAP-0fid 1;22 N. Commercial Street, Suitt 301 Bellingham VGA 98225 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE '�-1988-2010 AC ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Exhibit C, Insurance Contract for Construction Services: Coronado -Fremont Stormwater Improvements Project TION. All rights reserved. Page 15 427 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-228 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: K. Christensen '� �-- I'M� r�_ \ J �� C,JJ I I? �✓1 �f 6118113 Finance Division Head: C. Brueske -= !L 6118113 Council Dept. Head: J F. Abart @ J Ul 1 1 2013 Prosecutor: x I D. Gibson � J �� H T COUNTY Y Purchasing/Budget: B. Bennett �Q � 1 COUNCIL Executive: J. Lows TITLE OF DOCU, Construction Contract Award: Coronado -Fremont Stormwater Improvements ATTACHMENTS 1. Memorandum to County Executive and County Council 2. Approval for Contract Award endorsed by the Executive 3. Project Narrative: Summary and Vicinity Map 4. Project Cost Breakdown 5. Bid Tabulation 6. Low Bid Proposal SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Approval of contract award to Stremler Gravel, Inc., as low bidder in the amount of $595,238.40 for the Coronado -Fremont Stormwater Improvements project in the Lake Whatcom watershed. COMMITTEE ACTION. • COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. us I IA; 'S �' .�UN 7, %�j13 TO: The Honorable Jack Louws, County Executive Honorable Members of the Whatcom County Council 3. "-''�'K s )I j�,a1/ THROUGH: Frank M. Abart, Public Works Direct// t�f� tm�at :t FROM: Chris Brueske, P.E., Assistant Direct' Kirk N. Christensen, P.E., Stormwate ,afiager C--- RE: Coronado -Fremont Stormwater Improvements Construction Contract Award to Stremler Gravel, Inc. DATE: June 5, 2013 Please find enclosed for your review and approval a contract award package for the Coronado -Fremont stormwater capital improvement project in the Lake Whatcom watershed. This package consists of an agenda bill, project narrative summary and vicinity map, project cost breakdown, bid tabulation, and the low bid proposal. Bid proposals for this project were opened at 2:30 p.m. on Tuesday, June 4, 2013. ■ Requested Action Public Works requests that the Whatcom County Council authorize the County Executive to enter into a contract for the subject project to the low bidder, Stremler Gravel, Inc. (Stremler), in the amount of $595,238.40 including all taxes. Please signify your approval to award this contract to Stremler on the Approval for Contract Award page. ■ Background and Purpose Stormwater improvements in the Coronado -Fremont area of the Geneva neighborhood have been identified as a high priority in the Lake Whatcom Comprehensive Stormwater Plan. Improvements include a bioinfiltration swale, pre-treatment vault, storm filter cartridge vault, conveyance systems, and replacement of undersized driveway culverts. ■ Funding Amount and Source Expenditure for this project in the amount of $595,238.40 is authorized under Public Works- Stormwater's 2013 base budget for Lake Whatcom projects (cost center 123208). Please contact Kirk at extension 50209 if you have any questions. Enclosures In accordance with W.C.C.3.08.230, I concur with this recommendation: 0 /;7 �J ell Bra Bennett, AS -Finance Director���,��� ate 429 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. us CORONADO-FREMONT STORMWATER IMPROVEMENTS APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: Project: Coronado -Fremont Stormwater Improvements To: Stremler Gravel, Inc. in the amount of their bid proposal of $595,238.40 including all taxes. Jack Louws Whatcom County Executive Approving Authority Date 430 Whatcom County Public Works Stormwater Division Project Exhibit CORONADO-FREMONT STORMWATER IMPROVEMENTS Construction Year: 2013 Project Summary: This project is located east of Bellingham in Sections 34 & 35, T38N, R3E, in an existing urban area of the Lake Whatcom Watershed. Improvements will treat stormwater, promote infiltration, slow velocity to reduce erosion and sediment transport. Elements include constructing a bio-infiltration swale and installing stormwater vaults. Project Status: Construction will begin early July and will be completed by October 1, 2013. Project Funding Sources: Federal/State $450,000 Local $150,000 Total $600,000 Environmental Permitting (Agencies/Permits): Land Disturbance and Clearing Permit-Whatcom County. Revocable Encroachment Permit-Whatcom County. Right -of -Way Acquisition: $10,000 County Forces: N/A ML1 NGHMA 4 q� u wUJ d w Q ZLU O O OIL WEW/�Y DR. SPRING S(REEF CABLE STREET FIR TREE WAY A�lEiti;iE VvHI fl',;EY; STREET a w w w w . FREN�L/i Ir L�, STREET d z ; �It��� u � w <V z LU ¢ < 4 - cF�EVA Z z (_- w � NEIGHBORHOOD � VM-OKOMCOUNTY, WA U HEIC 41 `akCOI�,;r I:\Stormwater Projects\Coronado Ave Enhancements\Coronado-Fremont\600 Construction\610 - Selection and Award\610 - Selection and Award\3-Coronado-Fremont Project NIlive.docx WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director Project Cost Break Down Coronado -Fremont Stormwater Improvements STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. us W hatcom County Design Engineering $85,000 Right -of -Way $12,000 Construction Contract $595,240 Construction Engineering $70,000 Permitting, and Surveying $22,000 Testing and Contingency $40,000 Total $824,240 432 O O O O10 01010 OIO10 0 oloigio:o'o,o olo;o O%O oIo OIO oio Ojo,0 O!O olo;o;o olo,oiolo O10 O olo 0 OI O i 0 j 010IOsoIO O O O 0,0,0jRj0;:o(p o 0 0 O 0 O O C! O o IOIOIO O;OIO OIOIO IC7 O O O OIO10 O:0 0 O OIOIO LnlO O10 NIO O'Ln Vi0 0 C7'O 0 O10'oIOICp' 0! O' C; O-O O O Co;0:0 O 0 O O,m c0 I�jLn ILO O CIC . O O CO O O CO C7 Gi O-OIO OIO10 O O,O O O.Oi� 0 0 0 0 OIO O O -u— lug -Lic :M M M!O O Ll') M O O 010.0 O'Oj0 0 -Ln C ILn ICn 10 �l-I NIcI'!� C41C4 W I --;tF N-V Cn vi c mj w, lgO oh0'M , ' i INi� MIS) (D �! V�I V�I: V>I V}I69I VaitRleRi Vslesri6=, rA 69 V}:Fsrl VSIV�!V} 69169I69I6fT 69 69I69 6Ft VsI V>I V3 69'69ICH;ERI V!l6A164 69I fH 6os o i0'O o OIOIO101Oi0;O O.O O'O C'CIO 0100 O `OIO O'O'C ILnO 010;01 OIO o-O o Oio O OIc> 0 0.0 O OIO O O OIO 10 O.CO; �a C Lnl0IO10 O o Ni0'O o:CIO10 0 oI0 O O-CIOIOIO 0 0 0.00 O-C O 010j0, O O O O'O O-C O CV IL��O! I OI O O,O CnIO CIO; CO'COI u') IO O-N' ,O' IVIO 101N-N,a NIV Lo C'O I I - ICI �ItL>IO O O O !010 OiS O O.O.O.OIO O O._ jC0 M-M I ,O O10 O. d-I 1�1 I I I i M 1` MI I I ' I iQi¢ V3 LL I V3I V3I V3i 64I lA VJ di � fR 69 69•' 6P1I69I V3I V3' V3 EA V3 64I64 6R 69 64 6A I I 64 691 �'' � �. � V�. 63- V3I V) en 64I69I u LL O O O O o O O O10 O O O.O O o 0 0 0 O10 O O O 010 OIO'O O C C C 47 O'O:O Ln O O O 010 0 h CO:l O O Lo h O O O OiOI0IO OIO O C o.O OIoI O O I O 0 0 O O'.O O OIh c0!pp cO1C c5j O M m,d- O'N O O O;O 0 O C C O O'M O L6 O O 0'O O OI'.O.C10 010 O O O C O O 0 O ci O OIO,Ci4'Y'O.O O p N'O N h:�O!OIh IOO O O O L1'Y d' O O O O!O O O W O10 O O Lf) OlLn h'OICO = O M N � CD � M M C m 'r h'M Li-J to O O CYJ C N V11NIm Mi��Cn V N IS O O CO -i CO O O N:CO V ,LL)'V•IN'LO Lq N (mD ^I � �I Ln O!O N LL7IM 1 I V) Vf: V3 V;IER Vi!69 6464 69•fH 69 l I I i9 d} V3�V) Vj V3�fH,ViIf9�6> E9IE9 I 69 I j 6qi I � 69I V) Vi1 VT V)_V3�I69 6A169� 69•I6A s9 69ItA I oI o10ONCC.0 l!II `I OIO0=01O,oI oII ; C C, 10.O-OO 8 gNLA QMIII ,IcOLOp:,I!i1 o CnO jo O O10 N!Oc:)jc7;�1u O<IO CpIu 'I 0O 1!I �I'I M �l Nm M M V'C'COOICIC O O O W-O Od' OOIO O -0 . 4D. :9-MLOIR'� II0ON MOO m IIi ! ,iI II EOO9 EoOAto0OAnlo9Il-i!i Q Ilf00O�H !LL I64,Vs V3 III..9 H69 Vs iII ; LQL LQL694.13 I I oo;olo o pplolo;ololo!oIo'oi000lo:oo!o+o!olojo;o'oio=o:oloIol;oio!o'o;olo O O;O OIO O CiC IC ICIO;O OIO o ,O-O IO IOIOIO 30 C'C;C OI0 0.O O O !O.O.O:O 10 (O!o go O Oi0.O10 O;O OII� LG:CjO tn,0•MIO CO Mi0;0 I-,O ILO h'h;h O O O O:O mI0 O Q!O K) CO'O I(fl--COILnO Ln O M tnCO'M-O-NjV-: h,�ItD G�G:OIOIO Ln {CO.aO CO a0 N;M wi Ln;.O N C7%C'ni C O MICO d- 4�:V M O,d-'O O 4): i�M AIM CO:h O O;CO IO O O O.O ICO jI� OIO ��010 t[>ILn M!COVI�'� LL') ICI I I I Ia-I�MIO;CV ICOIKjIM N ! CCIICO� mlfDl�: 1 1�IC0 ViIfAIf!-T V3 V}"Idi!69E9I VliE9!64 69I i I I VTICH V3IItHIV31 V3i V} Vf,64iIE9 i 69 64I64I I� 69j696 TIIEH EHEH •tfJ'tf3!,fH tiJlb9fR eR E91; A OI O O O!O ��O O O O o to 0 oIO o�O1010�O CV co aO O!h-o ICOIO o}O O o!C Oi0 O O!O�O;O O o oi o O o m V:CO M 10 �IiM O O O 0 0 O'O O 0�0 N O�C O10 O O O:O O o o; o o� o l 0 0 O�p1oI O COM m h'',O NO O10 h CV O O O O d' m M IO O Cn LnIM M NIN M' IOId' N'" � ILnlh I^BEN M N;V q Nl—il lw C Zn O CA -w CO O C0'CO co mb M OILL7I O r,L!'J'V MICOth{ O LD N ` IN �iM IM!h LL..LLL ILL.0'.3Vat 6P1169V us Vfv76V)l6RI69169;b4ILLjLL oloio ololololololoiolo O:OO oo;o Oj0 10 IoiOjOIC? 0 o,M o-o'oIpp o ololo'Lrilo o olo olc>.cD olo 0 IOjO CIO IO 10 IO O O o:o'o o m �loly olo o O O O olcio o:o O!O oio`o o oiololo ololo !O IOICIO;CSOjC j0 00 0 010 �.6-o 0 0 0 0 oioio O.O:O!O oIo o:o O O:CO 4�-O:O:OIC O O,OINIO O jh.CO O!CIO!O N O,CO'�IO tnENi�Iv I CVItf) �Itn, L�!i=, n O!t ILn O�hI010 V-ICOIh O'CO'u�l�Ih'� MI�Ih.I LOj �nlNlN O CO o NILa7 d'10 CAIO O O:Ln hC61-N:O:OILnIOlO OI�I�-LniN;u"� h h Ln'h C sYIO'O 1.h O10 I�-Vi I IN NIA: ! I I 6AifA'169 b4-tlTjfH fPr' 69'Iw3:ff3'I 69169 I I 1 I I I 2 i 64 69 V3i Vi. V3!V)I V)169j64169 I Vi'MI6N A 1 N , .NI 69 641 V): V3 V3 V31 V3 69I64 6916q�6q6R I I I I ! ,AIM 6469 I O o O O :O O C,O %O O 0 �O O O .,O O O oI0 O p O'O i0 O!O O -O o O O o'OIO O 10 O! C I O O 'O j O 1 0 O O CJ•I O O O O O :MIO Oj47 OCOIOIO� O :CO O Ou7'O O p O NIA O Ln O OI O 10 O i0 IO-O O O Mh CO iLi-JO N:M 'd'M OIC MI�jNO Li'>I4� h LL7 O 10 O OO ,O O O 10 O:O O I OIO 30I0 O O O.O Li'> Ln10 OO L1'Y L17 OMi0 OO �17M OCO ill OO; 0 N O : O aO,Cfl O I NIA Imo. I I V9 L¢L-VY V3{Vd VD. 69�69 69 4"). 691 64 ES-3ICf3 v4,E13I64�69• Hi E9 VT ViI V3�Vi 64 Vd;V)IE9 Vat V3!CfT V? b� b���j691LLILL Q'Q I I I (7 cnlQ'cn U.w cr- co u- cn } },u..lO O10 O.LL,LLiLLiLL 44 4 ¢ LLIQ ¢ ¢;¢ O.O:¢'dld OiLL }Ip'Q�Q J,LL:J Q;JiS;J,_J I W' J' U U C7,H,H:H H'J:J J!JIW!WIW Cn,W,W,W;W H-H;W Lu Lu 'J co �;LLILL o- O;1-1c, 4� p p' IOI� IN u�.0 O O.O Olm-m.0 COjNIM N:O 0-1� I� OICO OIM i Imo' 10 N -u�-� O O �I�INIO O O. 1� M' O- V' Imo. I I i I'n I � I IOI I I i I I I I I !' I ILL ILL �II�IliilI' I, ' II � II'I'�IIiI I j IIIII III II =II��I �i ill 4- ! I J I -M; J 1 I 1 ill wI I I ,0.i !J ai I 1 I '�i I �X, co;i I vicW.�I I I I ICI I O!W! ICI I ! Lu ! co QI !QI I I ICI w1 U Icn J I I ! I i i I U I I aI �) ZI io I ! , I I I W W > ICI iO I '? I I N 1 I I IW U i zI Flo I� zI IQ I I- J a I pI IU, I j ICI * 0. j i I w 1W_ �IJ W o6 of W ' .� �� u)lw OMi J Icn W 1- I I O: Nj ( ¢ al 1 W � I I O ! w "LrH Hc`) i I I OI J in J H olzl 0 ¢1 I� I a' sial >I OI ¢ v ¢I, 0izj I O z IZi I= IJ O ¢Oi cL O OI IOa 1 w J U; U1 ZW Cn ¢ U 1=F- w' to Lu T2I� w L �2 z: O of a OJ �II H.JZ Q <O Cn IW Zr ¢'H CIO; °'6 ': ly W m! 0.1 W IU Q�IQ '�Ln¢ ¢ ¢ m Lu - 1 �O O O w W(nR' 0.1J J.QI T21 W H ¢ m ¢, I= IZi¢ C.7 U'0. W H U J= Z =i z 2O alz Im O cc) O> 2 O O O w �I- ¢1a 1' oo Z N W tIw:m J J!HI I� _ O�.�IIaiO.Ln z0 2 Q 0 U K Y W OI>_ xS Isla J m Lu ,JI s,[I~ O iH U m> _7 U Z 0. I= 0. fJ .a,0 ! Z Wi~ �I� 04 N I u) Z 0.10.I LL' WkW,W U'WIC]IW w LU ZI> ZI¢ F-1 W"H:OI U Im W IQ'I-Ii W Q LL'.W iu) J O.U.U;D.S I� W U Z W UI :q a ZI Il..c N, IO Z -I F1 O O.O:w ! ;OI -w (7 Fldl iZIrI F p.�.1-ICn 21 .S z z CL a a O' I ¢ I } } IJ: ILL U Hl �' LLI�!�1�IFIF Q J SZ iln l(n coI WI IZIZ I LL WIZ Z J' U I~ v) O'm J J.X X!W J ZIW J J--w wI� JIF LL } J ! ¢ �� IW U �- J z ziz,LLlal C7;LL of m• W-QI ¢ OOi0i C9 z O I>:�I~IUr'U'UI JI¢ ZI�:J Z IQ: H I 0.i IZ UIUIQ Jlw ¢ I Z Q ia¢I�IOIOi�. r2l�2 iy N'y U` !C7jm U:C"ij LLI �I� IQ X C7i I F-. m }1J WI al0i0i0 LL LL' Q aIr•Qi�!�Ifn J;uj p¢ ¢;O;O' ¢ �.Z a-0.iHfNi� 0.1J jCn:�'FI w IaQIU!�I�� };}.UIU!X }iCn m LLI Iwm a1� C9 Qi0. CLIOIN,- i-!>� OIHI> J:cnI�I0.1u'Iu io U 'Q O J EOIm'WILLI LLQi�i Hi>i Q w Z10.1W12:Q•w!F",(-Ir 2 SI2IWIa'1 Y,a'10.1>i<n :, I0.,U)Ifn N U O'Q' I�IaI ! I U U U, I U I > I 4a;�iQI�:J1�;� �2!�IZia'i0.iW WiW!a'I> I-10.10.' !a' a"Z Z1 Ia'; (WI-�.a:QZ ZIO'Q O1oIJI�,� =!Wig I Z �'[nla W U�CL w z 11 0.iOiJiLL!ai W!QI OIWWIO u) w;�:U!HIF-!a'•cnla;m a'12 2UI�i0. icnj>I n.!a,a ¢ ¢i¢ va-C71C�;cJ;¢Ia;c.J;Uw U;UiOIG7!o..;cn!cni¢IG7ic7.UIC�Ia-. I Cii2 I Idl ,W co ?iig;a NIM d- L["/1c171h IC0 m m m m l m lm •. m :m mio m .� m .-IN m M �7-I CC7I[O h CO m!Oi N M!�:�1'> - !� I�IN N N N IN m m m m!m m m m;m m m mlm!mlmlm!mm,mmlm IN CP h CO,m O IN c-)I Q, in N IN -NIN M MtM M IL") M mlm;m in M 1M m m CO10'O !M m!m,m'm MV o u7 O h [p ti lc uM'1 CN N N CD V1V m O Z co W J C3 W 2 U GO m J Q O w O N c E N �. N N O L � U N d N >` ca = cu cu C C `^ O - E N O L_ a N L > L 0 C -O O N L 3 21 C C O Y .s-: T w m o a ca O N C N L O o `O C C U (O Co w O NN ch UCD N C,3 L m C N W a M 5 C N = Zu (D (D � -c�u c � O C a O O U � a a) w N L g 0-_ a`> CL w cu o 3 a E U C > E = anm L O O LL Y_ N N m W O O l O 0 0 0- O O O O I O O O l O O 0 O: O O O O O a, O O O O I O O O O O. 0 0 1 0 1 0 O O 1 0 O: O j 0 O O: O O' O j 0 �+") O cO O O! cD O O O O O O O O O O i 0 0 0 O O O O i 0 O O O O I O O O O O C=) C cy0..) O O ON 0 1 0 cD cD O 1 cD W i W -c''! cc1 W j cD cOD u0') O u0") O OM O u0") N N W I u0') W QOi m N! O 0 1 0 7 E ^iO O'M �(PI Lr) c6 coIco N N M' N IN N NI CA cD'�''.•NI� MIOiN uj C cy3 Ef3 . cy3 f V3 64 64 E9 :' V3 K3 (cy3 64 V3 : Ef3 V3 1 EH 64 1 64 164 64 64 64 : V3 V3 K3 ! cy3 cY3 ; Ef3 V3 64 ER V3 64 164 64 V3 64 64 1 V3 ER 1 ER 0 O U O O O 1 0 0 0 0 O O O O O O 0 0 0 O O O O O O O O O O O c' 0! O O O O O O O O K N O O O O O O O O O O O`O 010 O O O O O O O1O O O O 010 O O-O O O O OIO O 0 ` m K V O O O O 1 0 O O O O O I O cfJ ' L6 N 1 0 L6 i O a0 CD m V' m M V' V" V' V' O. O i 0 0 0 1 0 O I cfJ � O, O M I O I o0 V' (D (D O- a0 O O j 0 O: O O. 0 o0 M l!'J N (D O- cO d O O O OIO O O O O O. lc'J IN:�IO`� I LI -O; cD F}31LL:F}3{vaEa I oIo o:o oIo o'o v3 e3'e3 vaiEalva�Eaje31e3vavalva �3:v31v3Iv3Iv3 oIo 0 o Oio 0 olololo v olo'olo oIo 0 oloiOilolo:o u o olO o cl I I I I ! I - e3�e3:e3 e3e3Ie3 va�eR;vavaivalssleRssle3«»I oloioloiolo 01010 oiolloloio'o1ololo�oio 0 oio o,olo 0 0 0l0;o O'o10 OILq o 010 O O O O O O O ', O O i 0 0 1 O lc'J O O V' cD M H O O O i 0 i 0' O O O_ . O O O' O '' lc'J O. O cLJ ' N 0- 0 0 0 C O OI, O:OiO l!'J O O : aO O Oi l!'J 10 CDiO N CDI m O m'0 cD. V'1 M O O ' l!'J l!'J l!'J N I N N m '; N_ cfJ ' l!'J V' O 01010:0 00 l!'J O LO N'.N OI l!'J OI m:CO'OIO ! V O O ; � l!'J , m l!'J V' I, O V - O ' N . V' l!'J I (D ! at: U) O_ O .0 E O' l!'J M V' N .� M' N I N cD 1— cD M M Lxi � 1� V' N i M ! N N V' N I M V' , _ N I O N W N C Q �3 EH EH (64 di di di (ri? - Ef3 I EH (ri? ! en, 64 EH EH 64 Ei3 f Ef3 EH i I I r di di EH (t3 (t3 , (t3 (t3 = EH EH EH ' EH 7 (t31 (t3 j ci3 (t3 EH tt3 64 EH i EH I H7 pU cz, :Oo cDcDo�''�o O:O oloi2323 olco�iO colloIO O:o o oo O;o 0 01,0 O O�:o o1o'p1ol)n10 0 I m G) V O ', 0 1 0 OI O'O 1 0 O. O. O O' l!'J O O 16 I N �I l!'J N 1 0 1, 0 0 1 0 1 0 O! O O. O O. O i O O O: O lCJ O O' Lq N- O� O: O O N N.O N 1� 1p m', 1� l!'J MI1� M'a0 O O!O O O O N'', m V' m�mlN cD IDS N IfJ .CD: 1 3 d OI O O o r o O O=V' co V' Nj V' N%M N MIV' 10 cfJ-OGO ?M�MI aD M o ;� f t v j rCx Q .0 N M V 1 N ¢ 1 di i LL ; (t3 Ef3 O 0 0 O �I ! 1_ ¢ EH di di I Ef3 Et?' di i Ei3 Hi ! 64 I EH 09. di EH di di j Ei3 64 EH EH I Ef3 ; EH di di di di H3 . H3 . Hip EtT - b9' H3I bJ _ ci3 ! ci3 j lL LL i I 1 O O O O o O O I O! O o I o. O O O O I O O O O O O O O I O o O; O 0 0 0 O O !. o O O O 0 1 0 0 0 j 0 O 1 0 0 O: O O l O 0. 0 1 0 O 0 O O: O O O: O 0 0 0 0. 0 1 0 O. O O O O O. O O O- O O O O 1 0 0 M O O N MIO iO V' O O O O O O 1 0 O O c f J O l 0 0 0 c V l f J 0 O O: O O O l !' J j 0 O O O O O O- 0 O O O O O M LF) l!'J GO cfJ V' V' m N O V' j cfJ m cfJ O N 1 cD Lo C) N M Lo O 1 U') 'r ` O- M: N LL - O I O cD (D iM V N O cD m cfJ m 0 l!'J N O. M V' V'jN NO1N M -V'' W _ O;O N i C O M N �I V': M I CD I V Imo' cD N! � c"T i1c" � ;' N N N N:-MI W M LIO N V N # W U` N cri? I EF? Et? H3 _ EH EH EH ; 64 b9 I b9 ; Et? EH 64 b9 Ei3 • EH EH di Et? 64 64 b9 I b9 Et? H3 Et? Et? Ei3 EH to f EH b4' EH i EH - EH i EH EH : EH i EH EiT - Q G) E O O O - O O, O O l 0? O l O j 0 O o o, o I o O! 0 c> O O O O o O! O O O: O O? O o O l O 0 i 0; j m ` V O 1 0! O O O f O O O O 1 1 0 1 0 l 0 1 0 O: O! O j 0 O 1 0 O 1 0 1 0 0 o O O O O 1 0 O! O 1 0 O: O O 1 0 0 O M cfJ CD ": O V' C5 c'�7 �' O N O V' lfJ li') 0 0 1 0 O_ :: O I� l!'J N m: N: M W lfJ m U d M j O O M M N V' N V c f J 0 V M N V' 0 0 N N i M N- I M . p N CV I c'f7 l V' N Q di LL Ef3 Et? O '. O O O - I : ¢ I ¢ EF? H3 b9 di 64 b9: H'3 di en,Ef3 Ef3 en, Ef3 Ef-T Ci3 (t3 en,Ef-T Ef-T Ef3 Ef-T Ef3 Ef3 en,en,li3 Ef-T Ef3 Ef3 E9 b9 U3 li3 b9 LL LL O O O O O O O O{ O O O O O O O i 0 O O; O O O O O O O O O O O O I O O O O O O W O •: O l O 0 O i 0 O O 0 O 1 0 0 1 0 0 O. O: O I p 1 0 0 0 0 0 0 1 0. 0: 0 0 0 0 O O O O O O O: O O O O 1 0_ O: O O O 1 0 0. 0 '. O u') j 0! O O j 0 a0 a0 '' N M O O O: O 0. 0 O LO I O O O O O! O O I O- O O' O O O F O! O N O lfJ : 0 a0 cD l i 1 0 O! O. O: O O V' . O O cCJ : 0 V' lfJ m cD N cfJ O O O O lfJ 1" O O O O cCJ O 0. 0, 0 O V' O O l 0 O N: N -C N m V' cD M M m. cD N N lfJ O O V' l- J V' c O GO Cc ; O m m - O_ O o f0'OIN� C'! _ l!'J a0' l!'J MI a0I ! V jN (D N,; l!'J �'N �I(p �� 1N Nam N;N M V': V'-N iO'N VJ- N W i ! a - 1 :_ 1 � � i �cii H3 b9 Et? H3 EH i EF? H3 b9 EH � EH 64 b9 i EF? Et? Et? Ff3 j Ef3 j Ef3 EH EH O O i 0 O O O i 0 O i 0 0 0 0 1 0. 0 CD O i O l Ocl) CD O O O Occ>j O O O O O O O O; O O O O O O li O O W G) O O O O O O 0 0 O O 1 O 0 O O O O O O 0 M O V' O: N lfJ O O O o0 W OM N V N OO ON N Z O CVN c> 00 j 00 1 N V' M M V' c> cD cD O m; . V' cO' I W N M'''i� 1 1 1i 1 1 �II� % N N H3 LL Ef3 H4 b9 Et? EH,. 64 Et? �? E9 EH j EF? Et? ", Et? �'. Et? �? Ei3 Et?' Et? �? H3 : Et? Et? Et? Et? EH, 64 fH d3 : d3 ER en, 6A - b9 Et? d3 LL . LL I I I- 1 I j c� W z'j zlz I_c� cn'¢ cn,U cn m > I> `> ILL O O;O,O!LL ILIILIIL LL'LLIQ ¢j¢ ¢ Q Q O;O } > LL LL,> > > ;> > o QI¢ JJ LL,J: ¢IJ,J;U;U;U; CA F— IF—yF—!HICn J JIJ JI J1 w1 W; W W-W W.i—,I—'. Cn:Cn tCn'J,U U.Cn (n Cn;�;LLiLL �I cz) O'.O c> c> LO O10 cCJ'O V' I�i, 00 IOI LO V c[J; CO; �'O O O!0.00.0 010.010- N �I�'.. cfJ cfJ: W ..0 00 00 iM 1 W cfJ m l!'J! �;M cfJ O M'u")'�'�-O-m cn M- O I 1 O N N I.i W l!'J V ' !, <t co CIj CD V' V" N , I 7 Q ! 1 I ¢ ¢ ! LL- LL LL j III N I 1j W icD i i Z i 11 I M t N U X 1 i CwAI .= i0LU w' N Q' z. I Iw I -U W I= p' i (A CA Z I F— . I v a cl) z¢ z; W ¢ O C7 1 ofLij IU WI Z J XIS; c 7 Z c O 'F—I 10 UI z W�IOd 0 Z 1 � Q (,JI J W �' w OBI !�, = z- J cnl - J- w; Q W W a > V a) N E J Z J J I U 0101 w'� zIW ¢ U U,� Ui LL1 ¢ J Q:� w U IU' K �- O _w J Z Z'_ W U1KI CA OF— _ j�l IcD -F—I I F— 1�1cn'C7 v c�I�� �� ¢ Z Z �¢`�1 m d w c W' U zizl �IOI j� ¢�I Of Q O 0 U >' W U U W W W W, p ` w U U W i Q 11 lll� W d'� LLiUIU` LL W E [nl J I� O�IZ ~I¢ U¢ iQ�I 'ZjU1 iCAllLLl W'`�I� ¢~'cD!� W I� W.. U- IZ F—:J:J1 W '2S j X m rL U ¢; ¢ J J= U W .Z ,F F— Q' Q o 210 CA Z Z Z p:0 CA U W O F—iH UI W W W Z'' 1 ¢I ( .� iU UI F—I¢ ~ 0 F— W-U - Q~Q Z� O > W J U'�I ' 2 ao; Z.(A O Z:Z Z''2 W' LL LL J Z W } J K¢-USI�f: O1 J m li ~ ¢ F— LL 1 D W } C V N ¢ Z LL ¢ O j U 0 W. U J m- 11 I Z O ca Z -i 0I U � �Iw J CA,Z ¢''I CLI��.LL Z;D N IN_ �DIZ IOIU U'U1 W 11 W J m U 'j LL Q'iLL � CA 01l �!OmO LL' C71� Z.Z CA i0 Z Zi W �, �i �} },Z V I> of ICA1Z W.,Z m O W'. CA ¢ F—; W O,.Z J LL D W W F— F—,0 m Z Z;0 W F—:F--F—. W:U F— d H U Q U ¢IZIZIF—I Iyl J 0 Z'F— Z H ¢ J Y'U W p p CA'CA Z Wfl-Z W;¢ DIZ LL (.7 Q�LL > Q UD CA`�W'W� Z Z!F— QIJ O Q'U F— 0�¢ J >- m 0`wIW: IW�m � � � UILLILL; w_fi- �� Q Z Q IU Imo; CO¢!mW m lW— F— 1—, LLI Of Of QIQ,� 2'?�W Cw/)_., m I ? �� L j!� QHQ LLB' Z¢ W J¢ W I Z J J W ;� I O I 0, m CO I J m Z i-,� J ;' J LL I O Z_ Z_ U.,�� O LL lcn 11 0 N .. 1} I W F i �I > F— lL >! I— Wi jLL1: LL' .J F—IJ LL > O-� (A ¢ zl0'�1'� >;w >�z L LL 1CnICn1U Ulz �1� �;�1z zfU) ¢Im.C) o!�Io ¢ O Q t �Imlm°Q�QIO LLiz 0 w1� �IU O¢ of of 0 ''w F—I—;O U 5 Q' a �IO'w wl z 11 2 O J1 W W D,W O ='Z; F— IO Wi WI>'0-1IL Q ¢I� F—;Z J ZIO 0 O_ OIC7i0 F—:� W W IQIQ'W Lr O V Cl) CAI W � U � U mi�I� (Aj0IC7;C/JIUIU IL IL LL- U U:U;m;CAEQ ¢ CiIm U�m:m.2IF-- (AjW IU U Zi;Ji� ! M l!'J I(D f'I a0 cn1 N M V': l!'J (D ti-W m O' N'M V' IfJI(D W m i0 Q ice' 1 Q Q N N N N N N N M M M M: co! V' 4 Q Q I Q Q ¢1JTQ O o ti co co N cco GO m oo MINI M e3I e3I !/3 O VO N CD CD CCD N W N N K l H3I 4.13 E o L L U cm a Stremler Gravel, Inc. BID PROPOSAL CORONADO — FREMONT STORMWATER IMPROVEMENTS BID No. 13-32 Date: �. - 41 2013 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the Project Manual entitled: "CORONADO—FREMONT STORMWATER IMPROVEMENTS Whatcom County, Washington," including the "Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," and "Plans" governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bids" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said Project Manuals. CORONADO-FREMONT STORMWATER IMPROVEMENTS BID No. 13-32 10 435 Coronado -Fremont Stormwater Improvements Bid Schedule A -Taxable Items ITtKII • . , UNIT tiM DESf?IPTiON APPROX. UNIT PRICE EXTI=NEED PRIG iVO. ifl(EJ# ((RE QUANTITY " IN IGURES ' IN, IGU ES. SPILL PREVENTION, CONTROL AND A-1 LUMP COUNTERMEASURES PLAN _ 9 L.S. SUM (1-07.15(1)) A-2 FORCE EROSIONNVATER POLLUTION CONTROL F.A. F.A. $ 10,000.00 ACCOUNT (According to Section 1-09.6 of the Std. Specifications) A-3 LUMP MOBILIZATION 1 _� _L.S. _ $4.�%J SUM (1-09.7) A-4 ACRE CLEARING AND GRUBBING & TOPSOIL 02 EXCAVATION per ACRE (2-01) A-5 LUMP REMOVAL OF STRUCTURES AND 1 L.S. S SUM OBSTRUCTIONS (2-02) A-6 LUMP DEWATERING 1 L.S. $ I rO.oO SUM A-7 CUBIC BIOINFILTRATION SWALE EXCAVATION 50 S 33.60 s U0EQ Xi YARDS INCLUDING HAUL (2-03) per C.Y. A-8 CUBIC REMOVAL OF UNSUITABLE BASE, 50 $ ISM $ ^ -7� 56.W YARDS MATERIAL INCLUDING HAUL per A-9 CUBIC ROCK EXCAVATION, PNEUMATIC 180 /CC.Y,/� S 26 6/� : YARDS per C.Y, &; o, A-10 SQUARE SHORING 5000 $ s356,60 FEET per A-11 TON QUARRY SPALLS 85 `1�-'I)/S..F. $ d O $ 'tn 3- %7V. per TON 23. 00 yyCJ.L�1 A-12 TON GRAVEL BACKFILL FOR DRAINS 280 S $ 4 (7-04 & 9-03.12(4)) per TON '7, �1 60 A-13 TON STREAMBED COBBLES (4-INCH) 30 $ J. S 11 (9-03A 1(2)) per TON CORONADO-PREMONT STORMWATER IMPROVEMENTS BID No. 13-32 11 436 A-14 A-15 A-16 A-17 A-18 A-19 A-20 TON GRAVEL BASE (2-03.3(14)C, 4-02, 4-04, 9-03.10) SQUARE CONCRETE MASONRY WALLS (CMU WALL) FEET (6-12.3(7)) LINEAR PERFORATED UNDERDRAIN FEET PIPE-4-INCH (7-04, 7-08, & 9-05.2(6)) LINEAR PERFORATED UNDERDRAIN FEET PIPE-6-INCH (7-04, 7-08, & 9-05.2(6)) LINEAR PVC PERFORATED STORM SEWER, 6" DIAM. FEET INTERCEPTOR DRAIN (7-04, 7-08 & 9-05.2(6)) LINEAR CPE STORM SEWER, 12" DIAM. FEET (7-04, 7-08, & 9-05.20) LINEAR FEET A-21 EACH A-22 EACH A-23 EACH A-24 EACH CPE STORM SEWER, 18" DIAM. (7-04, 7-08. & 9-05.20) CATCH BASIN TYPE 1 (7-05, 9-05.50(3)) CATCH BASIN TYPE 2, 48" DIAM. (7-05,9-05.50(2)) BIOINFILTRATION SWALE OUTLET STRUCTURE CATCH BASIN TYPE 2, 48" DIAM. (7.05,9-05.50(2)) STORM DRAIN CLEANOUTS, 6" DIAM. A-25 EACH ANCHORED LEVEL SPREADER A-26 EACH ALUMINUM DEBRIS BARRIER A-27 TON QUARRY SPALL INLET/OUTLET PROTECTION A-28 TON BIOFILTRATION SANDY SOIUMEDIA A-29 SQUARE CONSTRUCTION GEOSYNTHETIC FOR YARDS FILTRATION (2-12. 9-33.2(1)) CORONADO-FREMONT STORMWATER IMPROVEMENTS BID No. 13-32 12 275 s 15.06 $ q,12"6� per TON 880 $ per S.F. per L.F. 97 $ i o, oo s 970.06 per L.F,,�1�1 58 s gq.uv s 2552.0Q per L.F. 471 5 '-19.00 S 21 ! p lYoo per L.F. 30 $ 65-60$ p� -n f50.m e per L.F. 5 $ i',q,qenco $ l,CGy.(�Q per EACH 4 s 3,13o,60 s 12115 -A) per EACH 1 $ y,ZGOGb $ y,71D.LL7 per EACH 5 `, $ L'f 6. 0/ $ �j 664 oQ per EACH 3 _-.-..._$ 2,Woa $`7,39D.�o per EACH 1 $ H27,GQs gZ?,Od per EACH 5 $ E,x $ g35,00 per TON 450 7nn S. n per TON 600 _ ._._._.. per S.Y. 437 A-30 SQUARE BIOFILTRATION EPDM LINER 230 -1 . 6 fi 2167LI). co YARDS per S.Y. A-31 SQUARE BIOINFILTRATION WEIR, CONCRETE WALL 750 $ 27.0O $ 2O, 250• 60 FEET per S.F. A-32 LINEAL HIGH VISIBILITY FENCE 570 ,/ $ 2.60 $ 1,1 q0. 06 FEET (8-01 & 9-14.5) perL.F. A-33 CUBIC TOPSOIL, TYPE B 70 $ 33• 6D $ 2r316•oa YARD per C.Y. A-34 CUBIC STRAW FOR BIOINFILTRATION SWALE LINING 100 $ 7-1.66 $ 2,14". 66 YARD per C.Y. A-35 SQUARE EROSION CONTROL BLANKET 490 ley 5 —%. 00 .� S�!✓' YARDS FOR SWALE per S.Y. (8-01, 9-14.5(2)) i A-36 SQUARE SEEDING, FERTILIZING, & MULCHING _ 490 _$ D_=/Y $�5� YARDS SWALE MIX per S.Y. (8-01.3(2),8-02) A-37 SQUARE SEEDING, FERTILIZING, & MULCHING 210 II G,. $ (S.00 $ 3, )5�. Cb YARDS SIDE SLOPE SEED MIX per S.Y. (8-01.3(2),8-02) p 3,-f.0 %L 70. A-38 1000 WATER 30 $ $ GALLONS (2-07 & 8-01) per 1000. GAL A-39 FORCE LANDSCAPE RESTORATION F.A. F.A. $ 10,000.00 ACCOUNT (According to Section 1-09.6 of the Std. Specifications) A-40 FORCE REPAIR PUBLIC AND PRIVATE FACILITIES F.A. F.A. $ 22,000.00 ACCOUNT (According to Section 1-09.6 of the Std. Specifications) Schedule A Total b $ 260, Z! z .66 (Bid Items A-1 through A-40, Before Tax) 22,645.40 Whatcom County Sales Tax (8:4%) (8 . 7 0) $ SCHEDULE A TOTAL, INCLUDING TAX. 282,937.40 (Bid Items A-1 through A-40) $ 2_-8­2,.,456— : 63 CORONADO-FREMONT STORMWATER IMPROVEMENTS BID No. 13-32 ]3 Coronado -Fremont Stormwater Improvements Bid Schedule B-NON-TAXABLE ITEMS 'I EXT LADED #7f UNIT ITEM DESCRIPTION APPROX. UNIT PRICE PRICE 06.. MEASURE QUANTITY IN FIGURES IN FIGURES SPILL PREVENTION, CONTROL AND B-1 LUMP COUNTERMEASURES PLAN SUM (1-07.15(1)) B-2 FORCE EROSIONfWATER POLLUTION CONTROL ACCOUNT (According to Section 1-09.6 of the Std. Specifications) B-3 LUMP MOBILIZATION SUM (1-09.7) B-4 ACRE CLEARING AND GRUBBING & TOPSOIL EXCAVATION (2-01) B-5 LUMP TRAFFIC CONTROL (Vehicles, Signs & Devices) SUM (1-10) B-6 HOUR TRAFFIC CONTROL LABOR B-7 LUMP REMOVAL OF STRUCTURES AND SUM OBSTRUCTIONS (2-02) B-B LINEAR SAW CUT ASPHALT CONCRETE PAVEMENT FEET (2-02) B-9 EACH POTHOLING B-10 LUMP DEWATERING SUM B-11 CUBIC REMOVAL OF UNSUITABLE BASE YARDS MATERIAL, INCLUDING HAUL B-12 CUBIC ROCK EXCAVATION, PNEUMATIC YARDS B-13 SQUARE SHORING FEET CORONADO-FREMONT STORMWATER IMPROVEMENTS BID No. 13-32 14 1 L.S. $ 330.Od F.A. F.A. $ 15,000.00 1 L.S. $ I J, 0x C6 0.05 $ 36;gQ2,!�% ; 520.6V per ACRE I L.S. $ 3, Z50.cb 400 $ 1.00 S 'zo, per HOUR —1 _ L.S. $ 1173D.06 500 s 2. 00 s 1, 4z. m per L.F. f 7, 60 s 5,6 k3Z.� per EACH 1 L.S. $l . 25 $ 2$ 760, w per C.Y_ yMw 25 $ 7!&. O6 $ f • 60 per C.Y, 5000 S 0,6:7 S 3J'0.A,i per S.F, 439 B-14 TON QUARRY SPALLS 40 $ 39.0C) $ � l5Loo. CC) per TON B-15 TON GRAVEL BASE 200 $ 2 A . 20 $ (2-03.3(14)C, 4-02, 4-04, 9-03.10) per TON B-16 TON CRUSHED SURFACING TOP COURSE 70 $ LAFj.OQ $ 1a0• co (4-04, 9-03.9(3)) per TON B-17 TON ASPHALT CONCRETE PAVEMENT, 70 $ M� >. DL $ IO �Q •OO HMA CL. 112, PG 64 per TON (5-04) B-18 LINEAR PVC PERFORATED STORM SEWER, 12" DIAM. 109 $ 2.\ . OO $ 0(7 FEET INTERCEPTOR DRAIN per L.F. (7-04, 7-08 & 9-05.2(6)) B-19 LINEAR CPE STORM SEWER, 12" DIAM.. 369 $ 50• 00 S 1E),65D.CQ FEET (7-04, 7-08, & 9-05.20) per L.F. B-20 LINEAR CPE STORM SEWER, 18" DIAM. 100 $ S-1.00 $ 1511'Mco FEET (7-02, 7-08, & 9-05.19) per L.F. B-21 LINEAR CPE STORM SEWER, 24" DIAM. 38 $ B75,OO $ �!,y5A . oo FEET (7-02, 7-08, & 9-05,19) per L.F. B-22 EACH CATCH BASIN TYPE 1 2 $ \ �L-\Io.Oo $ Z 4 BOO, co (7-05, 9-05.50(3)) per EACH B-23 EACH CATCH BASIN TYPE 2, 48" DIAM. 3 $ 2. Q 5D • C$ ;b g?50 , 00 (7-05,9-05.50(2)) per EACH B-24 EACH CATCH BASIN TYPE 2, 60" DIAM. 1 $1.-o,`'tka0. DD $ `o' &PID . DD DIVERSION STRUCTURE @ LOCATION #3 per EACH (7-05, 9-05.50(2)) B-25 SQUARE GRAVEL PAVE _ 990 $yL • OO 5 ��,16bo• DO FEET per S-F. B-26 EACH PRETREATMENT MANHOLE, 60" DIAM. _ 1 $-A"0 0.DD $7�IIUDD•DD @ LOCATION #3 8'x11' per EACH (7-05, 9-05.50(3)) B-27 EACH STORM CANNISTER VAULT @ 1 $��5� $ b� SOD•ap LOCATION #3 per EACH (7-05) B-28 EACH STORM DRAIN CLEANOUTS, 6" DIAM. _ 2 $ 5J lv(P. 00 $ `� \�j'Z • OO per EACH B-29 EACH ALUMINUM DEBRIS BARRIER 1 $ $ yQ'3 • DD per EACH B-30 TON QUARRY SPALL INLET/OUTLET PROTECTION 5 $ 1pq.DO $ S'AG,D0 per TON CORONADO-FREMONT STORMWATER FMPROVEMENTS BID No. 13-32 15 WE B-31 TON QUARRY SPALLS FOR SWALE LINING 15 $ 0�1.00 $ \ j -\5S • 00 per TON B-32 EACH CONNECT TO EX. CATCH BASIN 1 a $ 316.00 $ 3`��.OD (7-05) per EACH B-33 EACH CONNECT TO EX. STORM DRAIN 1 $ Lo3Z.00 $ Od (7-05) per EACH B-34 EACH PLUG EX. STORM DRAIN _ 1 $ i00 -00 $ 700•00 (7-05) per EACH B-35 TON QUARRY SPALL CHECK DAMS 20 $ ' 7. 00 $ I,� �O • �%U (8-01.3(6)B) per TON B-36 LINEAL HIGH VISIBILITY FENCE 500 $ 2.OQ $ \. oOD • CP FEET (8-01 & 9-14.5) per L.F. B-37 SQUARE SEEDING, FERTILIZING, & MULCHING 70 $ 2.'\.DCU YARDS SIDE SLOPE SEED MIX per S.Y. (8-01.3(2),8-02) B-38 1000 WATER 30 $ 3q.00 $ GALLONS (2-07 & 8-01) per 1000. GAL B-39 FORCE LANDSCAPE RESTORATION F.A. F.A. $ 15,000.00 ACCOUNT (According to Section 1-09.6 of the Std. Specifications) B-40 FORCE REPAIR PUBLIC AND PRIVATE FACILITIES _ F.A. F.A. $ 36,000.00 ACCOUNT (According to Section 1-09.6 of the Std. Specifications) SCHEDULE B TOTAL 2 $ J\ 2 i 3 •00 (Bid Items B-1 through B-40) TOTAL BID AMOUNT (SCHEDULE A TOTAL, INCLUDING TAX AND SCHEDULE B TOTAL) CORONADO-FREMONT STORMWATER IMPROVEMENTS BID No. 13-32 16 595,238.40 EEMEMMMMM 441 NON -COLLUSION DECLARATION CORONADO — FREMONT STORMWATER IMPROVEMENTS I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: That the undersigned person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. CORONADO-FREMONT STORIMWATER IMPROVEMENTS BID No. 13-32 17 442 BIDDER IDENTIFICATION The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Firm Name: �? 2 F: toI-Efc t r9 v tip- , M', C Address: Po (30 �c 5 7 L YnJd zN, u)0 9 S2-6 y Telephone: 36 O - 21 S Y- �S Ss Contractor's WA Registration Number: 5 7- 2 S Wt 6- .r t4 r Yw5 Contractor's WA UBI Number: (2 o t - 7-5 4 - 39 Y Contractor's WA Employment Security Department Number: 69 9 Soso Contractor's WA Excise Tax Registration Number: G o 1- 2_5-Y - ? 4 4! The Firm submitting this proposal is a: Sole Proprietorship Partnership Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: L A-N g S MS-W L e k V INGf- SAS ML Ea y rrL6U- S7-Mi WLFet Lorz-KN o r1 _ra e W t Q )G£ PR£S 16Wi 7R ors S4.0 • NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. CORONADO-FREMONT STORMWATER IMPROVEMENTS BID No. 13-32 18 443 BID PROPOSAL SIGNATURE AND ADDENDUM ACKNOWLEDGMENT The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions for this project. CASHIER'S CHECK ❑ IN THE AMOUNT OF CERTIFIED CHECK ❑ ($ ) PAYABLE TO WHATCOM COUNTY SURETY BOND IN THE AMOUNT OF 5% OF THE BID. Receipt is hereby acknowledged by addendum(s) No.(s) I , __Z, & SIGNATURE OF AUT IORIZED OFFICIALS) (PROPOSAL MUST BE SIGNED) «. =--• (Seal) FIRMNAME: SrQs4,nisa �, �,c.cs _rNc STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this 021 day of, �T"u N E. 2013, before me personally appeared l AN s T& € M L c2 to me personally known to be the person described in and who executed the above instr a ent and who acknowledged to me the act of signing thereof ez NO'1`A' k ' PUBLIC, in ailcT for the NaT,Any m State, of Washington, residing at: My Commission Expires: This proposal form is b *`alteration of the firm's name entered hereon without r ,<,r1' prior permission from f �R� �a e cause for considering the proposal irregular and for subsequent rejection of the Eif 11#1JItti %0 CORONADO-FREMONT STORMWATER IMPROVEMENTS BID No. 13-32 19 EMU KNOW ALL MEN BY THESE PRESENTS, that we, Stremler Gravel, Inc. of , as principal, and the Hudson Insurance Com,Qam/ a corporation duly organized under the laws of the State of DE and having its principal place of business at 100 William Street, 5th Floor, New York, NY 10038 in the State of WftNlfingtf, as Surety, are held and firmly bound unto Whatcom County, a Municipal Corporation in the State of Washington, in the full and penal sum of five percent (5%) of the total bid amount appearing on the bid proposal of said principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, jointly and severally, firmly by these presents. The condition of this bond is such that, whereas, the principal herein is herewith submitting his or its bid proposal for CORONADO— FREMONT STORMWATER IMPROVEMENTS BID No.13- 32 bid proposal, by reference thereto, being hereby made a part hereof. NOW, THEREFORE, if the said bid proposal submitted by the said PRINCIPAL be accepted, and the contract be awarded to said PRINCIPAL, and if said PRINCIPAL shall duly make and enter into and execute said contract and shall furnish the performance bond as required by the bidding and contract documents within a period of ten (10) calendar days from and after said award, exclusive of the day of such award, then its obligation to pay the above -mentioned penal sum as liquidated damages shall be null and void, otherwise it shall remain and be in full force and effect. SIGNED AND SEALED this 31st day of, May 2013. Stremler Gravel, Inc. Princi1 13Y _ _.. (Seal) Hudson Insurance Company Surety By Ryan E. Warnock ttorney-In-Fact The Attorney -in -fact who executes this bond on behalf of the surety company, must attach a copy of his power -of attorney as evidence of his authority. *New York CORONADO-FREMONT STORMWATER IMPROVEMENTS BID No. 13-32 20 445 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On MAY 3 12013 Date before me, Janice R. Martin , Notary Public, ........... ................... ...... _..__........... ..... _......_.... ................................_.__._................_..........._............... .............. ........._......_...................... .. Insert Name of Notary exactly as it appears on the official seal personally appeared Ryan E. Warnock Name(s) of Signer(s) JAMCE R. MARTIN COMM, #1986564 n ,+ NOTARY PUBLIC •CALIFOR NIA to �- SAia pIEGOCotJN7Y n U My Commission Ex rre5 JULY 9 111 who proved to me on the basis of satisfactory evidence to be the personoh whose name(#/] is/#t# subscribed to the within instrument and acknowledged to me that he/0jV/jU#y executed the same in his/}y#fJ,tiifif#/f authorized capacity(l#Q, and that by his/ft&jtA# signatureWh on the instrument the person*, or the entity upon behalf of which the personX acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my bhaairid and official seal. Signature Place Notary Seal Above Siranalur' . f otavy Public Ja ce R. Markin OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal anal reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner ❑ Limited ❑ General d Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: M BID BOND POWER OF ATTORNEY KNOW ALL MEN BY TIIESE PRESENTS: That HUDSON INSURANCI? COMPANY, a corporation of the State of Delaware, with olliecs at 100 William Street, New York. New York, 10038. has made, constituted and appointed, and by these presents, does make, constitute and appoint Lawrence F. ,%1cMahon, James Baldassare, Jr., Sarah Ayers, Ryan E. Warnock or the State of California its true and lawful Attorney(s)-in-fact, at New York City in the State of New York, each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety, bid bonds 1'or any and all purposes. Such bid bonds, when duly executed by said Attorney(s)-in-Fact, shall be binding upon said Company as fully and to the same extent as if sighed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof. HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto (fit W. on this 21 st,.._ day of , February _ : 2013 _ at New York, New York. ! II1.11)SON INSURANCE. COMPANY flit t �� A€t•, .... Al,, l Ey�� Dina Daskalatris, Corporate Secretary Christopher T. Suarec, tixecutivt�tdant STATE OF N11`W YORK COUNTY OF NEW YORK SS On the 21st day of February _ , 20 13 before me personally car Cltrrs pater T Suarez to me known, who being by me duly sworn did depose and say that he is an Executive Vice President of HUDSON INSURANCE COMPA\i the Company described herein and which executed the above instrument, that he knows the seal nl'suid Company, that the seal affixed to said instrument is the trpo Ote scat of° said ' mfiuny, that it was so affixed by order of the Board of Directors of said Cot ci that he signed his name thereto by like order �"`��� P•iPRYP(j,� ���". 1 , ;ill ltl'il " (Notarial Seal) ��©pFly$c�� Notary Public, tit° e oi'New York C)) No 01 MU60675_ .% Qualified in Nassau County Commission Expires December 10, 2013 CERTIFICATION STATE OF NEW YORK COUNTY OF NEW YORK The undersigned Dina Daskolakis hereby certifies: THAT the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Ducctors of'Hudson Insurance Company dated July 27'h, 2007, and has not since been revoked, amended or modified: "RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys-in-r'aet, for the purpose of carrying on this Company's surety business, and to empower such agent or agents, or attorney or attorneys-in-lact, to execute and deliver, under this Company's scat or otherwise, bonds obligations, and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertaking made in the course of this Company's surety business, and renewals, extensions, agreeinents, waivers, consents or stipulations regarding undertakings so made; and FURTf"1F.R RESOVLE-D, that the signature of any such Officer of the Company and the Company's seal may he affixed by tacsimile to any power of attornev or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof' or related thereto, such signature and seal when so Used whether heretolore or hercalter, being hereby adopted by the Company as the original sugnature of such officer and the original seal of the Company. to be valid and binding upon the Company with the same force and effect as though manually affixed " THAT the above and foregoing is a lull, true and correct copy of Puwer of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and clTect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power ol'Attorney is now in force W s the hand of the undersigned and the seal of said Company this 315tday ofLt May 2013 B (Corpurs � . fAte *� �kalsr r.. o orate. ecretury Form Bic jjjl(X1`1 447 SUBCONTRACTOR LIST WIIATCOM COUNTY DEPARTMENT OF PUBLIC WORKS SUBCONTRACTOR LIST Prepared in Compliance with RCW 39.30.060 as amended TO BE SUBMITTED WITH THE BID PROPOSAL Project Name. CORONADO—FREMONT STORMWATFR IMPROVEMENTS BID No.13- 32 Failure to list subcontractors who are proposed to perform work of heating, ventilation and air conditioning, plumbing as described in Chapter 18.106 RCW, and electrical work as described in Chapter 19.28 RCW, will result in your bid being nonresponsive and therefore void. Subcontractor(s) that are proposed to perform work of heating, ventilation and air conditioning, plumbing as described in Chapter 18.106 RCW, and electrical work as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor'(s) name. If no subcontractor is listed below, the bidder acknowledges that it does not intend to use any subcontractor to perform those items of work. Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed CORONADO-FREMONT STORMWATER IMPROVEMENTS BID No. 13-32 21 M. SIMILAR PROJECT'S REFERENCE FORM The name of the Agency or Client for which the project was performed, including the address, phone number the name of the project manager: Project Name: Q�ftTUAk to4b,VU °; Agency or Client: 0yyMw Project Manager's Name: t -�� Laf-q L Address: 3A �MN\t) 6\k ►tc Phone Number: 9 (_0D 15 _' Project Name: 1J14L-,DL4�4d}'�iC Agency or Client: Wt1.orTb6A Project Manager's Name: Luu N ::rhpl► P6 Phone Number: � tAD - j 6 - —7 A 5 Project Name: L..yrt 06, Li SSW \r%J T -Si_ Agency or Client: c sxl CAE �,q ' Project Manager's Name: Address: Phone Number: 3 tpo CORONADO-FREMONT STORMWATER IMPROVEMENTS BID No. 13-32 22 M• WHATCOM COUNTY COUNCIL AGENDA BILL No. 2013-229 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori inator: P1 5122113 1-5, i� %,9 f) V 6118113 Finance/Council Division Head: 4 f3 gy JUN g�1 1 2013 W H A U COUNTY COUNCIL Dept. Head: (d Prosecutor: dl 05130113 Purchasing/Budget: 5129113 Executive: ®e o®0 TITLE OF DOCU , Contract Amendment between the Whatcom County and Northwest Youth Services ATTACHMENTS: Contract Info Sheet Memo to Executive 2 Originals of Contract Agreement SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 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.) Northwest Youth Services provides housing services to homeless youth ages 13 to 25. Since its inception in January 2012, this contract has funded operational costs for two of Northwest Youth Services' youth housing programs; one for youth ages 13-17 and another for youth ages 18-25. Due to funding cuts to the program for older youth, Northwest Youth Services has decided to discontinue that program as of July 1, 2013. At the same time, the program for youth ages 13-17 has expanded to serve sixteen youth (up from 12 previously). 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. 450 WHATCOM COUNTY Health Department 509 Girard Street Bellingham, WA 98225 MEMORANDUM TO: Jack Louws, County Executive FROM: Regina A. Delahunt, Director RE: Northwest Youth Services, DATE: June 10, 2013 Regina A. Delahunt Director R E C JACK U) P.x �.; .� ? Enclosed are two (2) originals of a contract amendment between Whatcom County and Northwest Youth Services for your review and signature. ■ Background and Purpose Northwest Youth Services provides housing services to homeless youth ages 13 to 25. Since its inception in January 2012, this contract has funded operational costs for two of Northwest Youth Services' youth housing programs; one for youth ages 13-17 and another for youth ages 18-25. Due to funding cuts to the program for older youth, Northwest Youth Services has decided to discontinue that program as of July 1, 2013. At the same time, the program for youth ages 13-17 has expanded to serve sixteen youth (up from 12 previously). ■ Funding Amount and Source The Funding source for this amendment is County recording fee revenues. This amendment adds $20,000 in additional funding and brings total funding for the year to $86,600 for this contract. Funding for this contract is included in the 2013 budget. This amendment requires Council approval because the increase in funding exceeds 10%. ■ Differences from Previous Contract This amendment includes adjustments to the scope of work and contract budget to allow for the change in programming described above. The contract history is: • Original amount $ 60,000 • Amendment #1 $ 66,600 • Amendment #2 $ 20,000 Revised total maximum consideration is not to exceed $146,600. Please contact Gail deHoog at extension 30693 if you have any questions regarding this amendment. Encl. 451 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 201110021-2 Originating Department: Health Contract Administrator: Gail deHoog Contractor's / Agency Name: Northwest Youth Services Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No X Yes X No If yes, previous number(s):-201110021-1 Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes X No If yes, associated Whatcom County grant contract number(s) 201302005 Is this contract the result of a RFP or Bid process? Contract Yes _ No X If yes, RFP and Bid number(s) Cost Center: 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 $ 126,600 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 $ 20,000 agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. $ 146,600 Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] Northwest Youth Services provides housing for homeless at risk youth. The shelter provides a safe home for up to 16 run -away or homeless youth with a bed and provisions, intensive case management, life skills classes, and supportive services. Term of Contract:l/1/12-12/31/13 Expiration Date: 12/31/13 Contract Routing Steps & Signoff. (sign or initial] [indicate date transmittedl 1. Prepared by: pj Date 5/21/13 [electronic] 2. Attorney reviewed: Daniel L. Gibson 3. AS Finance reviewed: mdc 4. IT reviewed if IT related 5. Corrections made: 6. Attorney signoff: Daniel L. Gibson 1)4 7. Contractor signed: 8. Submitted to Exec Office 9. Council approved (if necessary) 10. Executive signed: 11. Contractor Original Returned to dept; 12. County Original to Council Date 05130113 [electronic] Date 5%29/ 13_[electronic] Date [electronic] Date [electronic] hard copy printed Date! _05130113 r / l3 Date 6 ®7-1 Date 6 -/0 - t Z [summary via electronic; hardcopies] Date Date Date Date 452 WHATCOM COUNTY HEALTH DEPARTMENT CONTRACT PARTIES: Whatcom County Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 AND CONTRACTOR: Northwest Youth Services 1020 N. State St. Bellingham, WA 98225 Whatcom County # 201110021 ' qa qm 3 ; an._,AVa ---v*­�aime a n s i °���~ �,;�0I (I0v0aI AMENDMENT AMENDMENT NUMBER: 2 CONTRACT PERIODS: Original: 01/01/2012 — 12/31/2012 Amendment #1 01/01/2013—12/31/2013 Amendment #2 07/01/2013—12/31/2013 THE CONTRACT IDENTIFIED HEREIN, INCLUDING ANY PREVIOUS AMENDMENTS THERETO, IS HEREBY AMENDED AS SET FORTH IN THE DESCRIPTION OF THE AMENDMENT BELOW BY MUTUAL CONSENT OF ALL PARTIES HERETO DESCRIPTION OF AMENDMENT: 1. Amend Exhibit "A", Scope of Work, Section i Background by replacing it with the following: "Northwest Youth Service's Positive Adolescent Development Program (The PAD), and the Housing Under Served Low -Income Youth (H. U. S. L. Y.) Program, to be funded through this contract, offer emergency shelter beds to homeless and at -risk youth and are the only non -tribal emergency shelter programs for youth in Whatcom County. The PAD will provide up to sixteen interim housing beds which serves ages 13-17. At least one PAD bed will be utilized for youth experiencing mental illness and available to the youth until they stabilize. H.U.S.L.Y. will provide four emergency shelter beds and serve ages 16-25 through June 30, 2013. This contract provides funding for operational costs for both programs, including, shelter supplies, shelter rent, liability insurance, and staff costs associated with 2417 on -site staffing. " 2. Replace Exhibit "A" Scope of Work, Section II Statement of Work, Iteml with the following: Operational expenses for the H.U. S.L.Y. emergency housing program through June 30, 2013. Allowable expenses are for shelter supplies, utilities, insurance, building rent and personnel costs. This program will be discontinued as of July 1, 2013, An amended Exhibit "A" is attached to include these changes. 3. Replace Exhibit "B" Compensation with the attached Exhibit "B". 4. The effective date of the amendment is July 1, 2013. 5. Funding for this contract period (01/01/2013 — 12/31/2013) is not to exceed $86,600, 6. The funding for the total contract period (01/01/2012 — 12/31/2013) is not to exceed $146,600, HL 070113—NW Youth—Services-Combined_Housing_Amend_#2 P4058 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND ANY PREVIOUS AMENDMENTS THERETO REMAIN IN FULL FORCE AND EFFECT. ALL PARTIES IDENTIFIED AS AFFECTED BY THIS AMENDMENT HEREBY ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THIS AMENDMENT. Signature is required below. APPROVAL AS TO PROGRAM: N Anne'l)eacon, LICSW, Human Services Manager DEPARTMENT HEAD APPROVAL: Re A. Delahunt, WCHD Director APPROVAL AS TO FORM:_?/a�tr':r� Daniel L. Gibson, Chief Civil Deputy Prosecutor FOR THE CONTRACTOR: Contractor Signature STATE OF WASHINGTON) COUNTY OF WHATCOM ) Print Name and Title Date Date Date Date On this day of , 2013, before me personally appeared , to me known to be the and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof_ NOTARY PUBLIC in and for the State of Washington Residing at Bellingham. My Commission expires: FOR WHATCOM COUNTY: Jack Louws County Executive STATE OF WASHINGTON) COUNTY OF WHATCOM ) Date On this day of , 2013, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington Residing at Bellingham. My Commission expires: HL_070113_NW_Youth_Services-Combined_Housing_Amend #2 "42 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND ANY PREVIOUS AMENDMENTS THERETO REMAIN IN FULL FORCE AND EFFECT. ALL PARTIES IDENTIFIED AS AFFECTED BY THIS AMENDMENT HEREBY ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THIS AMENDMENT. Signature is required below. APPROVAL AS TO PROGRAM: Anne Deacon, LICSW, Human Services Manager Date DEPARTMENT HEAD APPROVAL:_ /—\ Regina A. Delahunt, WCHD Director Date APPROVAL AS TO FORM: Daniel L. Gibson, Chief Civil Deputy Prosecutor Print Name and Title STATE OF WASHINGTON) COUNTY OF WHATCOM ) G'1 1, it 1/ 3 Date �n t is( day of i- C } r2013,: before me personally appeared �i:' lul `s IT. ., ( , to me known to be the d' �`�t -� vho executed the above instrument and who ackfnoiwled ed t4 me the act of signing and sealing they Notary Public Stite of Washington NOTARY PUBLIC in and for TART A CASWELL the State of Washington My Appointment Expires oct 15, 2014 Residing at Bellingham. My Commission expires: I MA,1,,16 EXlf 4R)O°K00 G01'11'�I Jack Louws County Executive STATE OF WASHINGTON) COUNTY OF WHATCOM ) Date On this day of , 2013, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington Residing at Bellingham. My Commission expires: HL 070113—NW Youth_Services-Combined_Housing Amend_#2 P-465 Amendment #2 EXHIBIT "A" (SCOPE OF WORK) I.Back round Northwest Youth Service's Positive Adolescent Development Program (The PAD), and the Housing Under Served Low -Income Youth (H.U.S.L.Y.) Program, to be funded through this contract, offer emergency shelter beds to homeless and at -risk youth and are the only non -tribal emergency shelter programs for youth in Whatcom County. The PAD will provide up to sixteen interim housing beds which serve ages 13-17. At least one PAD bed will be utilized for youth experiencing mental illness and available to the youth until they stabilize. H.U.S.L.Y. will provide four emergency shelter beds and serve ages 18-25 through June 30, 2013. This contract provides funding for operational costs for both programs, including, shelter supplies, shelter rent, liability insurance, and staff costs associated with 24/7 on -site staffing. II.Statement of Work The Contractor will use funds from this contract to pay for: 2. Operational expenses for the H.U.S.L.Y. emergency housing program through June 30, 2013. Allowable expenses are for shelter supplies, utilities, insurance, building rent and personnel costs. This program will be discontinued as of July 1, 2013. 3. Operational expenses for the PAD Program. Allowable expenses are the salary and benefits for residential youth staff. The Contractor will comply with Homeless Management Information System (HMIS) data collection and recording requirements by coordinating with the HMIS coordinator located at the Whatcom Homeless Service Center. Unless otherwise provided in this Agreement, CONTRACTOR shall ensure that any adult individual receiving services from the CONTRACTOR under this Agreement has unrestricted access to the individual's personal property. The CONTRACTOR shall not interfere with any adult individual's ownership, possession, or use of the individual's property unless clinically indicated. The CONTRACTOR shall provide individuals under age eighteen (18) with reasonable access to their personal property that is appropriate to the individual's age, development, and needs. Upon termination of this Agreement, the CONTRACTOR shall immediately release to the individual and/or the individual's guardian or custodian all of the individual's personal property." The Contractor will submit monthly occupancy reports in a format approved by the Whatcom County Health Department HL_070113_NW Youth_Services-Combin ed_Housing_Amend #2 P96 Amendment #2 EXHIBIT "B" (COMPENSATION) .Budget and Source of Funding: The source of funding for this contract, in the amount not to exceed $86,600.00, is County -held SHB 2060 Housing Program funds and NSMHA funding. II.Budget, Rates, and Allowable Costs The budget for this contract period 1/1/2013—12/31/2013 is as follows: Activity / Line Item Funding Period Documentation Required with Invoice Budget HUSLY Personnel Costs 1/1/13 — 06/30/13 General Ledger Detail indicating staff member— assigned to the project, hours worked and rate of pay _ $8,034.00 HUSLY Telephone/Utilities 1/1/13 — 06/30/13 General Ledger Detail plus copies of receipts $1,858.00 HUSLEY Insurance _ 1/1/13 — 06/30/13 General Ledger Detail plus copies of receipts ^j $257.00 HUSLEY Shelter Su lies 1/1/13 — 06/30/13 General Ledger Detail plus copies of receipts $34.00 HUSLEY Rent 1/1/13 — 06/30/13 General Ledger Detail plus co ies of recei is $3,900.00 PAD Personnel Costs 1/1/13—12/31/13 General Ledger Detail indicating staff member assigned to the project, hours worked and rate of pay $64,644.00 Direct Cost Total $78,727.00 10% Administration $7,873.00 — Total Budget $86,600.00 In no instance shall the administration line item exceed 10% of direct costs. Changes to the line item budget in excess of 10% of the contract amount must be approved by the County. III. Invoicing 1. The Contractor shall submit itemized invoices on a monthly basis in a format approved by the County. Monthly invoices must be submitted by the 15th of the month following the month of service. Invoice documentation requirements are specified above.. 2. The Contractor shall submit invoices to (include contract/PO #): Attention: Business Office Whatcom County Health Department 509 Girard Street Bellingham, WA 98225 3. 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. 4. Invoices must include the following statement, with an authorized signature and date: certify that the materials have been furnished, the services rendered, or the labor performed as described on this invoice. HL-070113_NW—Youth Services -Combined —Housing Amend—#2 Piz 5. 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_070113�NW_ Youth _Services -Combined _Housing Amend #2 Pa-§V WHATCOM COUNTY COUNCIL AGENDA BILL NO. 20 1 1-2 10 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: James Lee, P.E. `� L_ •-4-1 3 \� /j '1 9 `U/ E D 06/18/2013 Finance/Council Division Head: P.E. '�yi" Joe Rutan, JUN 11 201 Cd"t ftRa��� vt Dept. Head: FrankAbart - �I Prosecutor: Daniel Gibson /0°c�� Purchasing/Budget: r COUNCIL Brad Bennett Executive: Jack Lows TITLE OF DOet Construction Contract Award for Gooseberry Point Ferry Wingwall Replacement CRP No. 912004 — Federal Aid No. FBD-2037(100) ATTACHMENTS: 1. Memo 2. Resolution amending County Road Project (CRP) No. 912004 and awarding construction contract 3. Approval to Award Construction Contract endorsed by Executive 4. Project Summary and Vicinity Map 5. Project Cost Breakdown 6. Bid Tabulation 7. Low Bid Proposal SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution amending CRP No. 912004 and authorizing additional funds for the award of the Gooseberry Point Ferry Wingwall Replacement contract to Culbertson Marine Construction as low bidder in the amount of $651,326.59. 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. 459 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Frank M. Abart Director Memorandum Joseph P. Rutan, P.E. County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Phone: (360) 715-7450 Fax: (360) 715-7451 To: The Honorable Jack Louws, Whatcom County Executive and The Honorable Members of the Whatcom County Council Through: Frank M. Abart, Directo From: Joseph P. Rutan, P.E., County Engineer/Assistant Directo James E. Lee, P.E., Engineering Manager )eL_- Date: June 4, 2013 Re: Gooseberry Point Ferry Wingwall Replacement CRP No. 912004 - Federal Aid No. FBD-2037(100) Construction Contract Award JUN 7 cot_ a ECU.'.1 Attached for your review and signature is the standard construction contract award package for the Gooseberry Point Ferry Wingwall Replacement Project, CRP 912004. This package consists of the following: agenda bill, resolution to amend the CRP and award the contract, approval of contract award, project summary and vicinity map, project cost breakdown, tabulation of all bids and the low bid proposal. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to enter into a contract for the Gooseberry Point Ferry Wingwall Replacement Project to the low bidder, Culbertson Marine Construction in the amount of $651,326.59 including all taxes. This recommendation is based on a review of the three (3) bids received. Background and Purpose This project consists of replacing the existing deteriorated wooden wingwalls with modern, steel pile -supported wingwalls to allow for safe docking of the Whatcom Chief. The project is listed as Item No. 37 on the 2013 Annual Construction Program that was adopted by the Council on September 25, 2012. Funding Amount and Source $400,000 in Federal Ferry Boat Discretionary funds have been secured for construction of this project with the remainder being funded with Whatcom County local funds. Please contact James Lee at extension 50617 if you have any questions or concerns regarding the terms of this agreement. In acc rdance with W.C.C. 3.08.230, I concur with this recommendation: f 171, Chris Mohnkern, Purchasing Coordinator Date M.1 PROPOSED BY: SPONSORED BY: Public Works INTRODUCED: RESOLUTION NO. AMENDING COUNTY ROAD PROJECT No. 912004 AND AUTHORIZING ADDITIONAL FUNDS FOR THE AWARD OF A CONTRACT FOR "GOOSEBERRY POINT FERRY WINGWALL REPLACEMENT." WHEREAS, this project is included in the officially adopted 2013 Annual Construction Program as Item No. 37; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that CRP No. 912004 is formally amended to include the construction of the Gooseberry Point Ferry Wingwall Replacement Project. The Contract for this project is awarded to Culbertson Marine Construction in the amount of their bid of $651,326.59. An appropriation from the officially adopted Road Fund Budget and based on the County Engineer's estimate is hereby made in the amounts and for the purposes shown: PURPOSE AMOUNT OF APPROPRIATION Preliminary Engineering $65,000 Right -of -Way $0 Subtotal $65,000 Construction Contract $651,326.59 Construction Engineering/Testing/Contingency $75,000 Total $791,326.59 BE IT FURTHER RESOLVED that the construction is to be accomplished by Contract in accordance with RCW 36.77.020 et. seq. APPROVED this day of , 20 ATTEST: Dana Brown -Davis, Clerk of the Council APPR VED AS TO F RM: �✓ 06/0s%is Daniel L. Gibson Chief Civil Deputy Prosecutor Page 1 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair 461 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director Gooseberry Point Ferry Wingwall Replacement CRP No. 912004 Federal Aid No. FBD-2037(100) APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: JOSEPH P. RUTAN, P.E. County Engineer/Assistant Director 322 N. Commercial St., Suite 301 Bellingham, WA 98225-4052 Phone: (360) 715-7450 Fax: (360) 715-7451 Project: Gooseberry Point Ferry Wingwall Replacement; CRP No. 912004 To: Culbertson Marine Construction In the amount of their bid proposal $651,326.59 including all taxes. Jack Louws, Whatcom County Executive Approving Authority e 4 �T Daniel L. Gibson Chief Civil Deputy Prosecutor Date n to W Whatcom County Public Works Project Narrative _ Ferry Dock Improvements CRP #912004 Construction Funding Year(s): 2013 - 2018 _ � Project Narrative: This project includes improvements to the ferry docks at Gooseberry Point and Lummi Island, in Sections 3 & 4, T37N, R1 E. It includes replacement of dolphins, wingwalls, paint systems and other dock facilities. This project is listed #37 on the 2013-2018 Six Year Transportation Improvement Program. Project Status: Design, permitting, and construction activities are ongoing _ Funding Sources; Total Estimated Project Cost: $1,525,000 Federal $ 400,000 Ferry Boat Discretionary Expenditures to Date: N/A State $ „ P Local $1,124,000 (STIP 2013-2018) Environmental Permitting T' HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A 463 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director Funding Source Preliminary Engineering Right of Way Contract Construction Engineering, Testing and Contingency Project Cost Breakdown Gooseberry Point Ferry Wingwall Replacement CRP No. 912004 Federal Aid No. FBD-2037(100) Whatcom County Federal Funds JOSEPH P. RUTAN, P.E. County Engineer/Assistant Engineer 322 N. Commercial St., Suite 301 Bellingham, WA 98225-4052 Phone: (360) 715-7450 Fax: (360) 715-7451 TOTAL $65,000.00 $0.00 $65,000.00 $0.00 $0.00 $0.00 $251,326.59 $400,000.00 $651,326.59 $75,000.00 $0.00 $75,000.00 Total $391,326.59 $400,000.00 $791,326.59 . MA O O O O oo1l1 OOO ;-.O .�rdWRdl•' O o 0 0 00 O O 0 N OV 0 p`MNpi O oei p 00 00Ul O Orl O VolOplY N �' V 00 IDV Ul Oi V O0 �•y vpoy NQM VRy NO.y N0r1l N N N LY VY V1 VT N iN',� UT N J J J J J I••I to O O Ul o 16 -zr O o O p o Ul O O O N Ol ~ N l i O o 0 0 o o O O o o O o O O O 0 O 0 O 0 iO O o m o p 0 0 0 0 0 o p 0 p 0 0 0 0 0 o 0 d 0 d o 0 0 cri `•^ o o 0 8 0 0 0 O 0 N 0 0 O o O 0 O o O O O v N o O M N O O O N .ti O o IIn N rl N t\ r-% O R ! 1, 01 . Ol i Ul 'D N N LAY N � N r�•I LY Vy lD Vl VY V? VY Vl Vl V? iN%� N N O O OO J J i/1 to N o N o O p o Ill o Ul r N V1 J J ^ p ri Vf r•I V1 o o O O O O o O vl p 0 0 O o 0 p o 0 o 0 0 0 o o �'Li m o 00 o 0 o 0 o o o 0 0 o o o [I^o'Sf' : c N VY coOM N Vy N a% vT lip N R N Ul N Ul VY N VT V? Ul ilk. V1' Ul 1I J V) v1 U1 J J c-I p p O o O O I O o N O O N J J O G � •n '••l N O O ut cc is g 5 J a a cc a a N N N O l0 O N N J M rl N W a � a w o !~ 6 . J r I O H H Z O Ul -; X ¢ \ J Q � 0 x cc cc J X Q N Q J 0 = �' w m w N z V J Q O Q a J O z w ¢ z 0 0 ID W J J ¢ Z V w U a Z _ W o p LL F Y Vr z O O. W cc J J = J H m z ~ F Q LL I m W LL O 0 w Q w z � Q Q w 0 V` w Z O Z Z\ l9 F O ¢ Z ¢¢ Z Z ¢ ¢ ¢ z N CL O W Z {=j1 _Q N ✓1 N N Vl m W 7 Z _ (J O R = O af 1 1' K C N C W R N LL O Ili. 0 LL � LL = LL c 6 Ul 10 1-: 06 Ol ci IN-1 •M•1 .�-I N c�-I . I 'D 0. O y Kw Yi °°rrr``ttttt11t1111/rr//�'dd' OS N C � �•. J's ti Q O� . O e O Yri • 0 z/ ••° w ••S�P`°°° Fo //��� 465 BID PROPOSAL FOR GOOSEBERRY POINT FERRY WINGWALL REPLACEMENT CRP NO, 912004 FEDERALAID NO. FBD- 2037(100) DATE: May 28, 2013 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the contract documents entitled: "Gooseberry Point Ferry Wingwall Replacement Project, CRP No. 912004" Whatcom County, Washington, including the 'Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," "Construction Plans," and "Appendix," governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the 'Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said contract documents. The Undersigned certifies that it is not currently disqualified from bidding on any public works contract under RCW 39.06.010 or RCW 39.12.065(3). Gooseberry Point Ferry Wingwall Replacement CRP 912004, Federal Aid #FBD-2037(100) M* GOOSEBERRY POINT FERRY WINGWALL REPLACEMENT Bid Form Culbertson Marine CRP 912004, FBD- 2037(100) Bidder ITEM UNIT ITEM DESCRIPTION APPROX. QUANTITY UNIT PRICE EXTENDED PRICE NO. MEASURE IN FIGURES IN FIGURES 1 LUMP MOBILIZATION L.S. $ $ SUM L.S. 2 LUMP TYPE B PROGRESS SCHEDULE L.S. $ $ 006 U77 SUM L.S. • 3 LUMP STRUCTURE SURVEYING L.S. $ $ SUM L.S. '5DO •01"o 4 LUMP MAINTENANCE OF TRAFFIC L.S. $ $ / 00 SUM L.S. 5 LUMP SPCC Plan L.S. $ $ SUM L.S. 6 LUMP REMOVAL OF STRUCTURES AND L.S. $ $ SUM OBSTRUCTIONS L.S. 7 DOLLARS EROSION AND SEDIMENT CONTROL EST $1 $ 10,000.00 8 EACH FURNISH AND DRIVE TEMPORARY 2 $ �/� S"DO . `� $ �l Ooc� Oa STEEL PILES (24"DIAx 1/2"t) per EA 9 LINEAR FURNISHING STEEL BACKING PILES 600 $ aV0.01 $ lVy0ao.d-D FOOT (36"DIAx'/4't) per L.F. 10 EACH DRIVING STEEL BACKING PILES 6 $ -)/, 0 0— 0' $ , L), o Co. 6D (36"DIAx'/4't) per EA 11 LINEAR FURNISHING STEEL FENDER PILES 1,280 $ .Sz),L b $ (av( 000. LTI-) FOOT (12 3/4"DIA x 1 /2"t) per L.F. 12 EACH DRIVING STEEL FENDER PILES 16 $ 0?7 S 0c." eti $ 41,0 0t90, ev (12 3/4"DIAx 1/2"t) per EA 13 LUMP FURNISH AND INSTALL REACTION L.S. $ $ SUM CAPS L.S. 14 LUMP FURNISH AND INSTALL FENDER L.S. $ $ SUM CAPS L.S. 15 EACH FURNISH AND INSTALL HDPE 16 $ $ 0 {-D SLEEVES per EA `, ' 16 DOLLARS MISCELANEOUS FERRYTERMINAL EST $1 $ 40,000.00 REPAIR Subtotal WSST (8.5%) $ TOTAL BID AMOUNT (Bid Items 1-16) $ 6-57 3.26,S-9 Gooseberry Point Ferry Wingwall Replacement CRP 912004, Federal Aid #FBD-2037(100) 467 NON -COLLUSION DECLARATION GOOSEBERRY POINT FERRY WINGWALL REPLACEMENT CRP NO. 912004 FEDERALAID NO. FBD- 2037(100) I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. Gooseberry Point Ferry 10 Wingwall Replacement CRP 912004, Federal Aid #FBD-2037(100) BIDDER IDENTIFICATION The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made, and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Firm Name: Culbertson Marine Construction, Inc. Address: 12819 Similk Bay Rd Anacortes, WA 98221 360-293-5684 Telephone: Contractor's WA Registration Number: CUL13EMC062Q8 Contractor's WA UBI Number: 601-579-126 Contractor's WA Employment Security Department Number: 819362-00-2 Contractor's WA Excise Tax Registration Number: 601-579-126 The Firm submitting this proposal is a: Sole Proprietorship Partnership X Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: Andrew B. Culbertson President Name (printed) Name (printed) Title Title Name (printed) Title Name (printed) Title NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. Gooseberry Point Ferry 11 Wingwall Replacement CRP 912004, Federal Aid #FBD-2037(100) me BID PROPOSAL SIGNATURE AND ADDENDUM ACKNOWLEDGMENT The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions for this project. ❑CASH ❑CERTIFIED CHECK ❑CASHIER'S CHECK x❑PROPOSAL BOND IN THE AMOUNT OF DOLLARS ($ _) PAYABLE TO WHATCOM COUNTY IN THE AMOUNT OF 5% OF THE BID. Receipt is hereby acknowledged by addendum(s) No.(s) 1 , & SIGNATURE OF AUTHOR>A (PROPOSAL MUST BE SIGNED) ��,____ (Seal) FIRM NAME: Culbertson Marine Construction, Inc. STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this 30 day of May 2013 before me personally appeared Andrew B. Culbertson to me personally known to be the person described in and who executed the above instrument and who acknowledged to me the act - of signing thereofON �Q� �Yme}, W ;� = NOTARY PUBLIC, in and for the State of Washington, residing at: Ana .o AG punL�c' h : My Commission Expires: FPb -3, 2rn:Z 5. ................. ''�!��; WA �................................................ j rtpr This proposal form is not transferable and any alteration of the f+rm's name entered hereon without prior permission from the County will be cause for considering the proposal irregular and for subsequent rejection of the bid. Gooseberry Point Ferry 12 Wingwall Replacement CRP 912004, Federal Aid #FBD-2037(100) 470 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-231 CLEARANCES Initial Date Date Received in Council OffAce Agenda Date Assi ned to: Originator: FL _.�—� � 6-18-2013 Finance/Council Division Head:��%f/ Dept. Head: 19/�) 91.3 JG� 1 1 01 o6lo -1i3 Prosecutor: HATCOM ;c y 113- Z Purchasing/Budget: E'! IL Executive: TITLE OF DO . NT.• Local Agency Standard Consultant Agreement between Whatcom County and Sargent Engineers ATTACHMENTS. 1. Cover Memo 2. Agenda Bill 3. Contract Information Sheet 4. Local Agency Standard Consultant Agreement SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This Local Agency Standard Consultant Agreement between Whatcom County and Sargent Engineers provides for design of the Hannegan Road Ten -Mile Creek Bridge No. 236 Replacement Project. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www. co. whatcom. wa. us/council. 471 WHATCOM COUNTY JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT P Qom c°G Assistant Director/County Engineer Z< 322 N. Commercial St., Ste 301 Bellingham, WA 98225-4042 FRANK M. ABART Director �9 �2 Phone: (360) 715-7450 `SHING� Fax: (360) 715-7451 �� y� 4i" MA'w_'n V MEMORANDUM JIUIN 7 ^ ``'a:3 �y= To: The Honorable Jack Louws, Whatcom County Executive and;' O N" `ttY �. A'HC TIVE The Honorable Members of the Whatcom County Council Through: Frank M. Abart, Director ` j� / f=I From: Joseph P. Rutan, P.E., Assistant Director/County Road Engineer'' James E. Lee, P.E., Engineering Manager,,-_+� Date: June 4, 2013 Subject: Hannegan Road Ten -Mile Creek Bridge No. 236 Replacement Project CRP 913007 Local Agency Standard Consultant Agreement with Sargent Engineers Enclosed for your review and signature are two (2) originals of a Local Agency Standard Consultant Agreement between Whatcom County and Sargent Engineers. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to enter into a Local Agency Standard Consultant Agreement with Sargent Engineers to provide the design for the Hannegan Road Ten -Mile Creek Bridge No. 236 Replacement Project. Background and Purpose The existing bridge, constructed in 1944 and rebuilt in 2002 utilizing reinforced concrete bathtub girders, is considered functionally obsolete and is showing early signs of deterioration in the girders. This type of bridge structure has historically not held up well on heavy truck routes such as the Hannagean Road. This design work is needed to allow for rapid replacement of the structure before the damage becomes significant and the bridge becomes load restricted. This proposed Local Agency Standard Consultant Agreement will provide for the bridge design, geotechnical engineering, and hydraulic analysis associated with the Hannegan Road Ten -Mile Creek Bridge No. 236 Replacement Project. Sargent Engineers was selected as the most qualified consultant for this work based on the Whatcom County Request for Qualifications (RFQ) #13-22 selection process. Funding Amount and Source The not -to -exceed amount for this contract is $101,456. This work is included in the 2013 Annual Construction Program under Item No. 35 titled Hannegan Road Bridge No. 236 Replacement Project. Please contact James Lee at extension 50617 if you have any questions or concerns regarding the terms of this agreement. 472 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a0/30U0/a Originating Department: Public Works — Engineering Division Contract Administrator: James E. Lee, P.E., Engineering Manager Contractor's / Agency Name: Sargent Engineers, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes . X_ No Yes No If yes, previous number(s): Is this a grant agreement? Yes No X If yes, grantor agency contract number(s) CFDA # 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) RFQ 13-22 Cost Center: CRP 913007 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 $ 101,456 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 $ 0 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 $ 101.456 memo for approval. Scope of Services: This Local Agency Standard Consultant Agreement between Whatcom County and Sargent Engineers provides for design of the Hannegan Road Ten -Mile Creek Bridge No. 236 Replacement Project. Term of Contract: Not -to -Exceed I Expiration Date: 12-31-2014 Contract Routine Stens & Sienoff: fsien or initial] (indicate date transmitted 1. Prepared by JEL Date 5-30-2013 [electronic] 2. Attorney reviewed Daniel Gibson_ a Date _5-30-2013 [electronic] 3. AS Finance reviewed bbennett Date5-30-2013 [electronic] 4. IT reviewed if IT related Date_ [electronic] 5. Corrections made Date 5-30-2013 [electronic] hard copy printed 6. Attorney signoff DJEL aniel Gibson Date 5-30-2013 oi;,�� ; 7. Contractor signed JEL f' ' Date 5-31-2013 8. Submitted to Exec Office Dated, - ? - i 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 1/19/12 473 WHATCOM CONTRACT NO. 3 0 6 1 d., Local Agency Consultant/Address/Telephone Sargent Engineers, Inc. Standard Consultant 320 Ronlee Lane NW Agreement Olympia, WA98502 (360) 867-9284 ® Architectural/Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description Hannegan Road Ten Mile Creek, Bridge #236 Federal Aid Number Replacement CRP No. 913007 Agreement Type (Choose one) ® Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method DBE Participation El Actual Cost El Yes ®No Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed % 91-1273873 ❑ Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date Fixed Fee $ [:]Yes ® No December 31, 2014 Total Amount Authorized $ 101,456.00 ® Specific Rates Of Pay ® Negotiated Hourly Rate ❑ Provisional Hourly Rate Management Reserve Fund $ ❑ Cost Per Unit of Work Maximum Amount Payable $ 101,456.00 Index of Exhibits (Check all that apply): ® Exhibit A-1 Scope of Work ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit 13-1 DBE Utilization Certification ® Exhibit C Electronic Exchange of Data ❑ Exhibit D-1 Payment - Lump Sum ❑ Exhibit D-2 Payment - Cost Plus ® Exhibit D-3 Payment - Hourly Rate ❑ Exhibit D-4 Payment - Provisional ® Exhibit E-1 Fee - Lump/Fixed/Unit ® Exhibit E-2 Fee - Specific Rates ® Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ® Exhibit G-1 Subconsultant Fee ® Exhibit G-2 Fee -Sub Specific Rates ® Exhibit G-3 Sub Overhead Cost ® Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase ® Exhibit M-1 a Consultant Certification ® Exhibit M-lb Agency Official Certification ® Exhibit M-2 Certification - Primary ® Exhibit M-3 Lobbying Certification ❑ Exhibit M-4 Pricing Data Certification ❑ App. 3 1.9 10 Supplemental Signature Page THIS AGREEMENT, made and entered into this between the Local Agency of Whatcom County and the above organization hereinafter called the "CONSULTANT'. day of , Washington, hereinafter called the "AGENCY" DOT Form 140-089 EF Page 1 of 8 Revised 3/2008 474 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 475 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub -Contracting The AGENCY permits sub -contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub -consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub -consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub -consultant shall be substantiated in the same manner as outlined in Section V. All sub -contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub -contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub -consultant is required to perform a minimum amount of their sub -contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 476 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are tenninated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 477 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perfonn work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either parry deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 478 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terns of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 479 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment', hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 480 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By By Consu►tant Sargent Engineers, Inc. Agency Whatcom County DOT Form 140-089 EF Revised 3/2008 Page 8 of 8 481 Executed by Whatcom County this day of , 20_ 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 personally known to be the Executive of Whatcom County described in and who executed the above instrument and who acknowledged to me the act of signing thereof. Notary Public, in and for the State of Washington, residing at: My commission expires: Approved as to form: 06105113 Chief Civil Deputy Prosecutor E Exhibit A-1 Scope of Work Hannegan Road Ten Mile Creek, Bridge #236 Replacement OBJECTIVE The objective of this Agreement is to provide professional services necessary for the preparation of the plans, specifications, and estimate for the replacement of the bridge that carries Hannegan Road over Ten Mile Creek. The new bridge is envisioned to be a single span bridge along the same alignment as the existing road. SERVICES The Consultant will perform the roadway design, the bridge design, the stream hydraulics, and the geotechnical engineering services. The County will provide the land survey, the environmental permits, agreements with adjoining residents, and manage construction. GEOTECHNICAL STUDY The geotechnical study will be performed by Hart Crowser as a subconsultant to Sargent Engineers. Hart Crowser will conduct a geotechnical investigation in general accordance with WSDOT standards to evaluate subsurface soil and groundwater conditions, bridge abutment stability, foundation design, and retaining structure design. Hart Crowser's geotechnical investigation will include research, reconnaissance, subsurface explorations, laboratory testing, engineering analyses, and consultation, as outlined below. • Review readily available published geologic maps and water well logs that cover the site vicinity, and other geotechnical reports provided by the County (if any), for general information regarding subsurface soil, rock, and groundwater conditions, and geologic hazards. • Call "One Call" service for public utility locates. (County personnel will mark boring locations in the field.) • Conduct field explorations, including: o Drilling one boring near each proposed abutment. One boring will be drilled to a depth of approximately 75 feet to 100 feet below grade. The other boring will be drilled to a depth of approximately 40 feet below grade to verify that near -surface soil conditions are similar at both abutment locations. o Obtaining soil samples at 2.5- or 5-foot depth intervals by driving split -spoon samplers in accordance with the Standard Penetration Test procedure. o Maintaining a log of the soils encountered in the borings and collecting soil samples for laboratory testing. Exhibit A-1 Scope of Work Page I of 6 o Backfilling the exploration holes in accordance with Ecology regulations, and patching the surface with ready -mix concrete. o Collect soil spoils from the borings in up to seven 55-gallon drums, remove drums from site, and dispose of drums at a licensed facility. Conduct a series of geotechnical laboratory tests on selected soil samples obtained from the explorations to evaluate the engineering and index properties of the site soils. The specific tests conducted will depend upon actual conditions encountered, but the anticipated testing will include up to 12 moisture content, 4 density, 3 Atterberg limits, 1 direct shear, 2 sieve analysis, 2 fines content, and 1 consolidation tests. Additionally, up to two suites of tests to evaluate soil corrosion potential will be performed. • Conduct engineering analysis to evaluate seismic hazards, ground settlement, abutment stability, and foundation alternatives. • Prepare a draft report outlining our findings and recommendations, including information related to the following: o Subsurface soil and groundwater conditions; o Seismic hazards and design parameters; o Site preparation and grading guidelines; o Lateral earth pressures; and, o Foundation design alternatives and parameters. • Prepare a final report incorporating comments from the project team on the draft report; • Attend up to one project team coordination meeting at the County and participate in an additional meeting via conference call. • Provide geotechnical project management and support services, including coordinating staff and subcontractors, invoicing, and conducting phone consultations and email communications with the County and the design team. The following assumptions are made for this scope of work: • The County will provide right -of -access to the property. • If needed, the County will provide street use or right-of-way permits at no charge. • County will prepare traffic control plans and provide traffic control during field work. • County will mark proposed exploration locations in field with white spray paint, based on site sketch showing locations provided by Hart Crowser. Exhibit A-1 Scope of Work Page 2 of 6 484 • Field explorations will be completed in two days. • If competent materials are not encountered during the initial drilling, the borings will be deepened in the field after consultation with the County, though additional charges may be incurred. • Disposal of contaminated soil and decontamination of drilling equipment are not included in this scope of work. If contaminated materials are encountered, then additional costs will be incurred. • The locations of the borings will be surveyed by others and added to the project topographic survey. • Prevailing wages are required for the drilling and traffic control subcontractors. Hart Crowser will provide the following deliverables: • One electronic (PDF) copy of the draft geotechnical engineering report • Five hard copies and an electronic (PDF) copy of the final geotechnical engineering report incorporating County and design team comments. HYDRAULIC STUDY Watershed Science & Engineering (WSE) will perform the hydraulic study for this project as a subconsultant to Sargent Engineers. Specific tasks to be completed by WSE include the following: Data Collection and Review WSE will collect and review existing data and information required for the evaluation. This may include: stream flow discharge records including those for neighboring gaged streams, current and historical aerial photographs, topographic data, bridge plans, bridge maintenance inspection reports, scour evaluations, and anecdotal information on past flood events. Site Inspection WSE principal and staff engineer will travel to and examine the project site. They will examine the characteristics of 10-Mile Creek and how it interacts with the existing road fill and bridge. They will examine channel and floodplain geomorphic characteristics, lateral migration and erosion activity, local scour, floodplain overflow routes and characteristics, large woody loadings and debris transport potential, stream bed sediment characteristics, and existing aquatic habitat features that may need to be preserved. Channel Survey WSE will provide Sargent or the County with a scope for stream portion of the topographic survey. The survey data will be provided to Sargent who will use it to create a topographic map for the project. Sargent will provide the map with data points to WSE. WSE will review the data and will tailor it as needed to best suit the needs of the hydraulic engineering investigation. Exhibit A-1 Scope of Work Page 3 of 6 485 Hydrology WSE will estimate annual instantaneous peak flow discharges either using regional regressions equations developed by the USGS in cooperation with the Washington State Department of Transportation and the Washington State Department of Ecology, or by estimating the values from frequency analyses of gaging records for neighboring similar streams. The design event for this bridge will be the 100-year flood. Hydraulic Analysis WSE will develop a HEC-RAS model of the stream in the vicinity of the bridge. The model will be calibrated to observed high water marks if they can be identified and surveyed. If high water marks are not available, engineering judgment will be used to refine the accuracy of the model. The model will be used to determine water surface elevations and velocities for both the pre -road unobstructed natural condition and for the existing crossing. The model will then be modified to include the proposed replacement bridge and roadway. The results for the three configurations will be compared. It is likely that WDFW will require compliance with WAC 220-110-070, which they are currently interpreting to mean that the new crossing can cause no more than a 0.2-foot rise in the 100-year water surface elevation when compared to the pre - road unobstructed natural condition. If the impacts of the proposed replacement bridge are unacceptable, design recommendations will be suggested to achieve compliance. The HEC-RAS model will be used to provide the data needed to assess lateral erosion potential, estimate scour depths, and if necessary provide data required to design of erosion/scour counter measures. Reach Geomorphic Assessment WDFW will require the design team to examine the geomorphic character of the existing stream channel to determine if the existing crossing has adversely impacted stream processes and therefore habitat quality. If it has adversely impacted habitat, WSE will need to demonstrate how the new crossing will eliminate or mitigate (to an acceptable level) these impacts. To complete the geomorphic assessment WSE will examine the topographic data, historical aerial photographs, sediment characteristics, and existing bank and bed conditions to determine whether the existing crossing limits the stream's ability to shift laterally, or has affected the stability of the stream's longitudinal profile. If the crossing has influenced the natural geomorphic processes, WSE will work with the County, Sargent, and WDFW to determine how to modify the crossing design to eliminate or mitigate these impacts. Meeting with WDFW and County If necessary, WSE will meet with WDFW and/or County representatives to discuss the proposed design. Scour Estimates and Protection Recommendations For the proposed bridge, scour depth estimates will be computed for the bridge waterway and at the abutments. These estimates will be provided to -the design engineers for consideration in the design of the foundations for the bridge piers and abutments. If countermeasures are required to prevent scour or erosion, WSE will work with Sargent to develop an acceptable protection concept. Exhibit A-1 Scope of Work Page 4 of 6 486 Hydraulic Report The results of the hydraulic engineering investigation will be summarized in a hydraulic report. The draft report will provided to Sargent to forward to Whatcom County for review and comment. WSE will address the review comments, prepare the final report and will submit it to Sargent and the County. Note — The report will have a brief write-up that will state the bridge will be "Not Scour Critical' if it is built according to the proposed plan. Once it is built and if it is constructed as planned, then Whatcom County will have the documentation they need to assigned the bridge an NBIS Item 113 Scour Code of "8" which means the bridge foundations are stable for the assessed scour condition. JARPA Permit Support WSE will support the project team in the preparation of the JARPA application. ROAD AND BRIDGE DESIGN 30% Design The consultant will prepare a preliminary layout of the road and bridge for the County to review. The layout will be prepared once the County finds out what requirements the permitting agencies may have and the preliminary stream hydraulic study has been complete. The layout will incorporate the required stream width, stream bank protection, and flood water depth. A cost estimate will also be prepared at this stage. These will be submitted to the County for their review. After the County has reviewed the 30% design, then permit drawings can be prepared to support the permit applications. 60% Design The 60% design will design the bridge and roadway based on the approved preliminary layout from the 30% design. The design will follow current FHWA, WSDOT, and County requirements. The 60% structure and roadway plans shall include: 1) Cover sheet (1 sheet) 2) Quantities sheet (1 sheet) 3) Roadway Plan and Profile (1 sheet) 4) Typical Roadway Sections. (1 sheet) 5) Stream and Erosion Details (1 sheet) 6) Striping and Sign Plan (1 sheet) 7) Traffic Control Plan (1 sheet) 8) Bridge Layout Sheet (1 sheet) Exhibit A-1 Scope of Work Page 5 qff 7 9) Bridge Foundation Plan (1 sheet) 10) Abutment Details (2 sheets) 11) Framing Plan (1 sheet) 12) Deck Plan (1 sheet) 13) Girder Sheet (2 sheets) 14) Barrier Sheet (1 sheet) 15) Bar list (1 sheet) Specifications will be prepared at this time along with a cost estimate for the project. Specifications will include the bidding documents, amendments to the Standard Specifications, and project specific specifications. It is not anticipated that any stormwater treatment or retention will be required for this project. The 60% package will be submitted to the County for review. 90% Design The 90% design refines the 60% design based on comments from the review of the 60% documents. The plans, specifications and cost estimate, will be checked and modified. All sheets will be reviewed and corrected as required. The bid items and specifications will be coordinated. The 90% package will be submitted to the County for review. Plans, Specifications, and Estimate This item of work completes the coordination of the documents, addresses all comments and produces the final plans, specifications, and estimate for bidding. Exhibit A-1 Scope of Work Page 6 468 Exhibit C Electronic Exchange of Engineering and Other Data Whatcom County shall specify what software to use for the exchange of data at the start of the project. They shall specify the version of AutoCAD Civil 3D as well as the versions of WORD and EXCEL. • Exhibit D-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub -consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. C. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." DOT Form 140-089 EF Exhibit D-3 Revised 3/09 490 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit " E", including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 491 a O cz L T Q� w as x U- x ,r w � cz cn a O LI+1 J c a) E ca Q MM� co co CV 4# a) 0) �a ca �ML W V C� G L� r ca MO I.L ca 0) N C C m 0 N .O L7 "-' N N co m O m r- M M MM T m M M MMU) f,- M P- W t- o r to fI- co CO C*) d' d' N N O CO O r d' d' d- M P- f- f-- f- O f- O fl_ d O ci rfr cu c j r N N E ff} r ea EF1 Ki rfr nj ff} N ff} T N �G t.a VD- E!} iF} Et} i,a <b3 K} ti3 fi N Ca H c4 � L LO V CO t%} w L t N N N _ N y � r Ln N d' d' O 00 co co co N m N w (.0N L T ,.N (LC C!' } L c'Y) ti N co �t N - r r T r r r r r r r T y 00 W � cfl Q co r co T d- 0 S O r L /L = Ii r LLI O V N N T O a w `o a`D co ro = c W N d' d d' 00 CL r � C r a m� I..L E N C O a cz C O _N a N - N O O "aE >+ a) C L U] 0) CZ J >`' E p 0 10 N U) cu O -0 C C O >+ N O c� J in O fb U) N .r- C C O Er U J LL N IL U) cz cm � CU W _ O7 i= C C CM _ O C0> . cz QOO cz CD fr m p Q U Q IHL1 65Hm m Q LL M \o o oo 0 (n tL O� co 492 a O ,Z-- co .E T Q) 1 y� W N .1.,. a -0 N t K - W = ca 7 cn a O +J u7 ',I-d c0 to O tC) LO N O Lo 1` CM CO N M LO N 6� N 00 0) N O I-- CO CO CO N d' 00 N m N Co ) U Efi 6s -.a C\ 6- nj r M C .Y d �C 60- bF} Ef} of eF 6a 6- 69 bLO a3 CD 'I:L O (� d Ln CO � U co L Co ( N N O N t CC N c U9 O m �t 00 00 c0 � N T L d N M CU 00 U9 Cl) r It Rt c0 C4 N � N T a) '� a W C� (D CO CM O O O O O Os lea W L ++ L O d N CV CD LO co d _ .O O cA O L Os O - W L L aD co Cq O C C ,cm N T W �} E QT c0 CO T N CO 00m Ce) .0 M LO C T W N Cu � c c E E E CM U •2 00U U N N Cn N 0 cu w N °> g `� cz a o o U ai (n cn V CO 0') C 0= m U U 0) U (n i ca N .--r �- W .� Y Y Y to N cm 7+ -C cTS [o ct3 co CU C'1 Q Cn O U N 0 0 U 0 U 0 U O OC O W N 0= ca E N o cn IT rn D H H OC Al 493 a O cc a .E L, r N w N Q N t U- U w = cc co a O U C a) E a� ca CL a) m UD M N *k a) m m a) a) L U a� c FO— ca O cc c ca rn (1) c c ca a� 'o "-I U) O 00 co Lf) U N_ 00 ct � CEO r ca va ca O L Qi LO co QD- C) L d � N a Co N � ca ff} m ct' L Qi Y ccaa OD ff} C L Cl) N co w d W ro a �T w O C) a) O O N N O ui a c w LO d M w s cn c r w N Q T V PM L2 C a a> co a> cn o_ U W ca U) 2 U) Ua � CM o c ca o U) O r U = a U c�� E FO— L 0 ca N o m 0 s- ca cn can co a) ca ca W x w i O C i CC .c C C.4 yam+ O Qi CD -O � x CD LL LLICD C U LL -p- CD 75 Q. cn U i O CU W N T T c0 d' T Lo C? O O � cc w 00 C') LO C') Lo r—w N O_ C O 00 N O� O TES N 00 N 00 64 Ef} 64 Ef} Ef3- - 7 O L CO T M M U) 00 CO N LO I- W N T CO cc T N d" T Ln O CO 00 c0 co r- d' 4 Lo (37 I- 00 co O co 64 -Ga 64 64 -Ga 64 64 -Ga -Ga -Ga LC 7 dd' dam- CDLoLOf) r C? co co c6 64 07 ff} c6 64 T -Ga m r- 64 Co ff} N -- -Ga 64 -Ga O O O 00 d 10 O d N c0 Lo 00 00 O N c0 I- CD O co co c0 c0 O_ -Ga _O — 64 r- -Ga LO Ef} d 64 4 64 I� -Ga co 64 N -ed O O 00 c0 00 c0 O d; m LO O co d' O c0 c0 c0 c0 N T T m T C)) c0 r- 4 co T Lo LO Lo d' w 6 d' m d' ^, c CD rn CD O T LLf) O CO r- C'') O LO LO T T Ln CO I- d" LON r- M LO - CV I� 00 co co co T LO O d 00 N N co r- d' N N 00 r. Ef3 E!} Ef} E!} Ef} 64 va E!} E!} E!} CD O O O O O O O O O O O O O O O O O O O O a) = m LO w d- w d- O d- d- co I- N O N d- d c0 N CO N L3 E!} E!} E!} E!} E!} 64 E!} E!} E!} E!} cc CD O L O O O O O O O O O (D O O O O O O O O O O Ln O = 00 07 -Ga c0 07 -Ga64 co co r- N -Ga T N E!} Lf) r 64 I- T E!} Lo, N E!} N T E;a ai i N +� N C 0 W a a c� O c C 2 cn cn = W d W W N =_ Q •�' •w c� 'Q o O •C 'O ,cm can C •m cn C cn C c U C C co I Lis cn UJ n W D1 CD Colo 495 VrWashington State Af Department of Transportation Lynn Peterson Secretary of Transportation March 19, 2013 Janice Smith, Business Manager Sargent Engineers, Inc. 320 Ronlee Ln NW Olympia WA, 98502-9241 Re: Sargent Engineers Inc. Indirect Cost Rate Schedule Fiscal Year End December 31, 2012 Dear Ms. Smith: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY.1-800-833-638B www.wsdot.wa.gov We have completed a desk review of your Indirect Cost Rate schedule for the above referenced fiscal year. Our review included the documentation provided by Sargent Engineers Inc. The reviewed data included, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and description of Sargent Engineers Inc. accounting system and the basis of indirect costs. Based on our work, we are issuing this letter of review establishing Sargent Engineers Inc. Indirect Cost Rate for the fiscal year ending December 31, 2012, at 191,00% of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). Also, when you provide next year's Indirect Cost Rate schedule to our office or to your CPA. firm, please submit either your internally prepared Compensation Analysis, or the National Compensation Matrix (NCM) worksheet. If you, or any representatives of Sargent Engineers Inc., have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705-7003. Sincerely, Martha S. Roach Agreement Compliance Audit Manager MR:lt Enclosures cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File M! Sargent Engineers Inc Indirect Cost Rate Schedule For Year End December 31, 2012 Sargent WSDOT Accepted Descrition FS Amount Adjustment Adjustments Ref Amount % Direct Labor Base $511,601 ($263) $263 h, u $511,601 100.00% Indirect Casts Fringe Benefits Vacations $58,895 $58,895 11.51% Holidays 29,816 29,816 5.83% Sick Leave 20,883 20,883 4.08% Employer FICA 72,387 72,337 14.14% FUTA 760 760 0.15% SUTA 2,916 2,916 0.57% Workers Comp 5,813 5,813 1.14% Workers Comp OREGON 2,159 2,159 0.42% Employer Health 127,896 127,896 25.00% Employer Retirement 45,875 45,875 8.97% Fringe Associated with Unallowable Labor (1,572) r (1,572) -0.31% Total Fringe Benefits $367,351 ($1,572) $365,778 71.50% Genera[ Overhead Bonuses $107,473 ($73) h,n $107,400 20.99% Payroll Variance (1,970) (1,970) -0.39% Staff Payroll 102,065 (19,372) $9 h,k,t,u 82,703 16.17% Principal Payroll 121,466 (13,728) k,t 107,738 21.06% Bid and Proposal (reclassified) 0 29,042 t 29,042 5.68% State B&O Tax 33,975 33,975 6.64% City B&O Tax 346 346 0.07% County Prop. Tax 992 992 0,19% Oregon Corp Tx 234 234 0.05% Tri-Met Tax Oregon 117 117 0,02.0 UT, MT, and ID Corp Tax 344 344 0.07% Rent 113,794 (17,569) b 96,225 18.91% Utilities 9,404 9,404 1.84% Telephone & Internet 11,448 11,448 2.24% Repairs, Maint.. 4,497 4,497 0,88% Supplies 8,888 8,888 1,74% Misc Equipment 4,344 (1,232) j 3,113 0.61% Software Pur. & Lic (Updates) 29,749 29,749 5.81% Dues, Subs, & Books 6,632 (15) g 6,617 1,29% Seminars and Training 5,061 5,061 0.99% Prof. Reg. and Lic. 5,280 5,280 1.03% Vehicle Maint. & Insur. 6,896 (6,896) s 0 0,00% Travel 6,751 (2,347) 0, t 4,403 0.86% Meals and Ent. 2,297 (1,834) p,l 463 0,09% Advertising 1,031 (1,031) c 0 0.00% Repo, Photo, Other Servi 2,918 2,918 0.57% Shipping 2,231 2,231 0.44% Cleaning 4,230 4,230 0.83% Other Expenses 2,786 (2,730) f,m 56 0.01% 497 Sargent Engineers Inc Indirect Cost Rate Schedule For Year End December 31, 2012 Sargent WSDOT Accepted Descrition FS Amount Adjustment Adjustments Ref Amount % Professional Liability In 42,808 42,808 8.37% General Liab Insurance 7,516 7,516 1.47% Life Insurance FARU 1,428 (1,428) d 0 0.00% Charitable Cont. FARU 1,000 (1,000) e 0 0.00% Equipment, Dep 2,291 2,291 0.45% Software, Dep 3,269 3,269 0,64% Total General Overhead $651,591 ($40,214) $9 $611,387 119.50% Total Indirect Costs Indirect Cost Rate $1,018,942 ($41,786) $9 199.17% i91.ioyo Sargent Engineers- Reviewed and Accepted 3/19/2013 MJP "Indirect Cost Rate stiiisubject to WSDOTAudit" $977,165 191.00% 191.00% Refrences Sargent Adjustments b Common control rent $17569.23 Mud Bay $0,00 MMH c Advertising unallowed - yellow pages/ChristmasCards/Exhibit Fee(no exhibit 2012) d Life insurance unallowed e Charity unallowed f Holiday gifts to clients unallowed $2560,10 g Lobbying unallowed - none 2012 (cancelled NFIB membership), Voluntary Contribution ($15) h Overtime premium unallowed (indirect $9.5 direct $262.51) Bonus Dif due to OT $73.06 j Logo clothes purchased 2012 - $1231,86 k Marketing labor Prin $2280, Staff 1768.25 Total $4048.25 This is combined Advertising, Direct Sell, Public Relations ( all removed because not separate } Holiday party m Flowers unallowed $169.79 n Bonus policy - See Directive to Principals and Employee Manual o Excess per diem for lodging, or travel for marketing p Meals for employee's, marketing (remaining for meals while in training, office coffee) r Fringe Associated with Unallowed Marketing Labor s Billed for Van mileage in 2012 t Separating Bid and Proposal - Erika Labor $17594,00, Erik Labor$3408.00(Prin), Monte Labor $8040.00(Prin), Expense $ 1996.25 WSDOT ADJUSTMENTS u Overtime premium is allowable and applicaple to the labor, 48 CFR 31.202, AASHTO 5.4 F 3 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: DOT Form 140-089 EF Exhibit G Revised 6/05 499 N N t in a E E G r Oco S. in N i w o Co a) z a) LL cn r_ O c.i cn C Cd E d V R Q d co M N d m .a m Y d i U O "cu c6 O C c6 .E C c6 O r.7 *-' N I` 00 U-) U,) U-) cM O Co CO M O M co N m C' ) Cn 1— N O O Lo i-- to Cn N co O Cn I— co u) O L6'var O O co Cn N Cn 00 N N YMc/?- N 613- EF} d} c6 H ~ O � L a � Gq a a) O LO N O R O Gq c6 CO CON N N O N 00 r N cl) � U) O •C � CL c V O O CD O •O LO O O L �} O N co r 0 CO T Cif O a) .O � a) a •� o �M r o a U) .i d 0 LT (Z U) _ 0) C co E N C9, � •> 2 C N (1) Q CL C (D .X (n U N _ E Q Q E i co o .� u) cn U)) cca a) co U)> N - o cn c� co d N O U) zT tm E � o c � cc 5 E U) N .O cn o c)= o O y cz x� W •a U a) 0 S Lo o f H ~6SCi I CO oQ ( -0 E :Op a U cts o s� c6 O— o o F- Y U) = N O N ctf c 'iy co .0 c6 �_ p U ul C) U ca N O o co co o L in 1-- U) J C�3 i cz c6 c.� X X W 500 Exhibit G-2 Subconsultant Fee Determination (Specific Rates of Pay) Hart Crowser Fee Schedule Discipline or Job Title Hourly Rate Overhead @ Profit @ Rate Per Hour 199% 28% Senior Principal $74.52 $148.29 $20.87 $243.68 Principal $69.38 $138.07 $19.43 $226.87 Senior Associate $59.62 $118.64 $16.69 $194.96 Associate $51.52 $102.52 $14.43 $168.47 Senior Project $39.97 $79.54 $11.19 $130.70 Project $33.64 $66.94 $9.42 $110.00 Senior Staff $30.17 $60.04 $8.45 $98.66 Staff $26.46 $52.66 $7.41 $86.52 Drafter $26.47 $52.68 $7.41 $86.56 Technician $20.00 $39.80 $5.60 $65.40 Project Assistant $23.58 $46.92 $6.60 $77.11 Overhead rate self -limited by Hart Crowser to 199%. Audited WSDOT overhead rate is 205.21% 501 AdElk Washington State 7vo` Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation February 1, 2012 Robert Jenson, CFO Hart Crowser, Inc. 1700 Westlake Ave N #200 Seattle, WA 98109-6212 Re: Hart Crowser, Inc. Overhead Schedule Fiscal Year End June 25, 2010 Dear Mr. Jenson: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY; 1-800-833-6388 www.wsdot.wa.gov We have completed a desk review of your overhead schedule for the above referenced fiscal year. Our review included the documentation provided by Hart Crowser, Inc. The reviewed data included, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and description of Hart Crowser, Inc.'s accounting system and the basis of indirect costs. Based on our work, we are issuing this letter of review establishing Hart Crowser, Inc.'s overhead rate for the fiscal year ending June 25, 2010, at 205.21 % of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). Also, remember that when you provide next year's overhead schedule to our office, you will also need to submit your Compensation Analysis for review. This analysis must be in compliance with the steps listed in the AASHTO Audit Guide, Chapter 7. We will need your Compensation Analysis in order to complete our review of your overhead schedule. M Hart Crowser, Inc Overhead Schedule For the Year Ended June 25, 2010 Financial Hart Statement Crowser WSDOT Accepted Description Amount Adj. Adj. Ref. Amount % irect Labor $2,719,907 $2,719,907 100.00% ringe Benefits: Vacation, Sick, & Holiday $672,900 $672,900 24.74% Payroll Taxes 487,616 487,616 17.93% Health Insurance 490,468 490,468 18.03% Workers' Comp, Insurance 17,394 17,394 2.58% Profit Sharing (401-k) 184,980 (18,215) A 166,765 34.20% Fringe Benefits Adjustment (91,389) O (91,389) -18.63% )tal Fringe Benefits $1,853,358 ($18,215) ($91,389) $1,743,754 64.11% ,neral Overhead: Indirect Labor $1,286,516 $1,286,516 47.30% Bid & Proposal Labor 785,579 (239) C 785,341 28.87% Marketing Labor 114,142 R 114,142 4.20% Training Labor 57,172 S 57,172 2.10% Incentive Bonus 18,917 (11,417) B 7,500 1.11% Rent 793,273 793,273 29.17% Maintenance & Repairs 14,543 14,543 2.97% Travel/Automobile 37,877 (462) (63,271) C,N,P (25,856) -0.95% Insurance 96,670 96,670 57.97% Telephone 116,183 116,183 4.27% Utilities 17,212 17,212 0.99% Taxes & Licenses 186,206 186,206 6.85% Depreciation & Amortization 114,430 (3,491) N 110,939 4.08% Dues & Subscriptions 27,934 (500) E 27,434 2.13% Job Procurement 390,435 (269,811) (114,142) C,D,G,R 6,482 0.83% Employee Train/Recruit/Moving 119,527 (2,626) (57,172) C,S 59,729 52.33% Professional Fees 74,820 74,820 130,87% Interest 67,773 (67,773) H 0 0.00% Computer 50,095 50,095 0.90% Supplies & Miscellaneous 171,933 (69,212) (43,276) I,F,K,L,M,Q 59,445 1.07% al General Overhead $4,369,923 ($422,039) ($110,038) $3,837,846 141.10% al Overhead Costs $5,581,600 205.21% $6,223,281 ($440,254) ($201,427) :rhead Rate 228.80% 212.62% 205.21 % Page 1 503 Hart Crowser, Inc Overhead Schedule For the Year Ended June 25, 2010 Financial Bart Statement Crowser WSDOT Accepted Description Amount Adj. Adj. Ref. Amount Hart Crowser, Inc - Reviewed & Accepted 211112 JJ "Overhead Rate still subject to WSDOT Audit" eferences art Crowser Adjustments: art Crowser Overhead Internally prepared with out audit Stock option expense unallowable per 48 CFR 31.205-6 Non plan bonuses per 48 CFR 31.205-6 Lodging, meal, and mileage rates in excess of federal travel regulation unallowable per 48 CFR 31,205-46(a)(2). Public relations and advertising unallowable per 48 CFR 31.205-1. Promotional Marketing unallowable per 48 CFR 31.205-1 Lobbying unallowable 48 CFR 31.205-22 Unallowable employee entertaiment 48 CFR 31.205-1 Entertainment unallowable per 48 CFR 31.205-14. Interest unallowable per 48 CFR 31.205-20. Contributions unallowable per 48 CFR 31.205-81. Bad debts 48 CFR 31.205-3 Recoveries & purchase discounts - Field Service recoveries (18,418.59) In house reproduction recoveries (10,008) purchase discounts (13,010.09) iDOT Adjustments: Remainder of Christmas party in the amount of $24,956.90, retirement party in the amount of $107.80, Cinco de Mayo party in the amount of $385 unallowable entertainment per 48 CFR 31.205-14. Flowers and singing Christmas tree in the amount of $497, gift card in the amount of $500 unallowable per 48 CFR 31.205-13(b). Travel/Auto costs in the amount of $61,969 and auto depreciation in the amount of$3,491 removed per 48 CFR 31.201-2(d). The firm does not keep mileage logs. Fringe benefits directly related to marketing labor in the amount of $91,389 unallowable per 48 CFR 31.201-6(a), 48 CFR 31.205-1(f) and 2010 AASHTO Audit Guide Ch. 8.2. See worksheet. Unallocable cost in the amount of $1,302.20. Firm reimbursed employee for cancelled vacation. Direct costs in the amount of $16,829.90 unallowable per 48 CFR 31.202. GL account titled "Field Supplies -Direct Chargeable" Segregated Marketing Labor from Job Procurement in the amount of $357,896 and included it as it's own line item. The unallowable portion in the amount of $243,754 was also segregated. Segregated Training Labor from Employee Train/Recruit/Moving in the amount of $57,172 and included it as its own line item. Page 2 504 y-+ s cn a cc E E ch T 0 cc s X W W W U- (z cn a 0 c� s ch Cn c LU a z ^ W U W ..'5 VJ s cn (z Q C d E d U Q Q a cc M N d C1 'a �L CD d L V C� C _O a O C (z Em C U �O a +-' CO M M N 1� ;I-d' C) C) co I- CO U) C:,d' N � Cl) M ct d" CO C\ CO r O M Co N NEJ} SO-� C6 <1 � � M `1 Efi 6N4 K-} Ei} y F- N L L cp 0 N r- J) O L a y p T N (C M p U d Q U) U) C) L N 00 00 d' Co 't Cy d' -t N r N C co ta E W L 00 rn LO � o o 69- w R cn L OLO L cn T V) W E M CO Ln N M N CO CO d' r CM C) C O p ro p d' d y � y � O a C O cz % E E Q N (v U E U 4J -0 O c6 O Q w c�a �, Q � C) ca u) Cn m 0 cn c a) a o cz Q. U a) N c Q E t a) E D .o = co p U o C- O U m W .V �6 R N �+ U c Q) O co CTS d cn N Rf y co i6 o 'a N N O 6 >. E -0 :B O E d - cn m . 0 . -- C/) � U = > T N oC O U) = ¢ ¢ I— ca 505 a O ca E ca •( d N N O C'3 to D cZ LL X = U W Ca — U N N Q a cn O U .Q cn N N t U cn N N LL a7 i N i W r_ ca N U N �U N t N N ca G ( CC'M CM'M LO O CO co CD N N CO O I-- co C'3 W U-) Lo R N c0 d• r CA _ 00 00 Et} EFJ Et} 64 E EfJ E 7 O 2 L CO. co o 0 co a) rn rn r o 0 LO N O� ca co CDM r- Ea Et} Eg Et} Ea Zf; Ea 6a I� d• M N CO LO O o U') r O N co C'� r CD 1-- d• _ fA [f} Eg 64 Ea Ea Ea 'Ca � 0 o O N a` r m co r o o co 0 0 0 0 1� d• N O) � CA 1� ti fA 64 fA HJ Ea EA Ea Ea r- co d' co m CD CD CO d' 1l- co d• N N N _ O m CO N 1-- 00 co U3 Z, LTA c0 EF} co eq- LO ff} CC) EF} d' Et} d' 'Coa cc t C�o d T 7 O r- co t-- CO d• CD d• d' CUD O co O N Co I- co Ln co co CC) CC) . co H-} Fl- ff} LO Ef} d' 6a U') 64 Qa 6a co N m 1-- N N d d O o 1-- Lx� M M N C GO � -t co d' N ca &a 64 6a 6a Eg EF} Q9, Ga cc R i CC) w I- N CD CD CD o d' co N Co d' O O CD 0 = L'') CO CV LO L'') d• i co N L<% m U')' N Lo' N fA 64 fA Ef} Ef} EF} EF} E9 al cs N U "= cl N 0 CI O ' to � ' bA N cC O O V i/1cn O o ��nv�ri�tiC7H� 506 Washington State AMW V,,® Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation August 16, 2012 Watershed Science & Engineering, Inc. 110 Prefontaine Place S, Suite 508 Seattle, WA 98104 Subject: Approval of Annual Rate Table(s) Dear Mr. Larry Karpack: Transportation Building 310 Maple Park Avenue SE Olympia, WA98504-7300 360-70.5-7000 TfY. 1-800-833-6388 wwwmsdot wa.gov WSDOT has received and reviewed your proposed rate(s). Based on that review we have approved your rate(s) and your sub-consultant(s) rate(s), N/A, (see attached approved rate table(s)) effective 8/13/2012. These rates are approved for Agreement Number Y-11298. If you have questions regarding this approval, please contact me at 360-705-7106. Sincerely, r Erik Jonson Manager, Consultant Services Office EJ:kal Enclosure: Approved Rate Table(s) cc: Stacey Herrington, MS-47331 507 U) U O W n" F— W Z Q Q U Wca E U Q U N W a UJc- U j Ul F- o a) O U Z cn U_ Q � U = Q U c 0 W F- J I'- O O d CO CO M M CO O O CO O 7CO O r 00 CO d: O O L6 r CO dr O) N CO co N r r r Efl r H3 vi. 64 64 64 Efl EA N co M COO � d N of cD of N r M M _O N O m O�r,- Ema 64 (f} ell), U3, U3 EA ER CD CD CD Lo 7 COD 0 N N O N aj N c* co N e- r r r 63 £f3 64 ca EA Eli caH3 O ~N m co N Lq 0 0 N O O ai O N O_ C6 O_ I- t-� £f3 Lei EA ca ER U) ER EF} MM ,I-d M O CD 13, d � M d' N N N r M CO N am Cn _N O_ O co O co It d- } ER 6} 64 ca d} U-, EF3 O co [I- co It O d' d' ti O O co (O M co co O N N ti 6 CO r r CD M f` O d' CC) d' d' e-- ER ea ER ER e3 e3 ER CO N O ti N N d' d' d N O O I%- O O 0 M - 66 r 6 CO o0 ti co O d' M d' N N EFT 64 (f} 64 (f} ca U3, U3, co N ti N O O O O d M N CO d' O O O M N M d' I- O LO (O O It M N M N N ca U) (f} 69- 69- y3 ca 64 L L 0 0 Vi C c � V''^ O •� tO) U O W LU LL1 W 'U IL U) a)O `" O `- `4- CO .E U U 2 -� N Cna) U) O Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 509 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions. including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. 510 Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit I Revised 6/05 511 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region DOT Form 140-089 EF Exhibit J Revised 6/05 512 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 —Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. 513 Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1— Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the proj ect's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 514 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6 —Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. 515 Exhibit M-1(a) Certification Of Consultant Project No. 913007 Local Agency Whatcom I hereby certify that I am president and duly authorized representative of the firin of Sargent Engineers, Inc. whose address is 320 Ronlee Lane NW, Olympia, WA 98502 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. 5�,3toL Date fIL_ Signature DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 516 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of Whatcom County , Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any fine, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 517 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): Sargent Engineers, Inc. (Date) (Signat e) resident or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 6/05 518 Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): Sargent Engineers, Inc. 3 43 —� (Date) 941i (Sign ure)rPresident or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-3 Revised 6/05 519 WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2013 189 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 5/21/2013 6/18/2013 Special Meeting Division Head: Dept. Head. r Prosecutor: Purchasin /Bud et: Executive: -f TITLE OF DOCUMENT: Briefing on role of LID practices in the reissue of NPDES Stormwater Permits ATTACHMENTS: SEPA review required? ( ) Yes ( ) 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 mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Regional briefing hosted by the Department of Ecology on the role that low impact development (LID) practices will have in the reissue of NPDES Municipal Stormwater Permits. The briefings are intended for elected officials, appointed officials, and management staff. Briefing will discuss: Impetus behind the new permit requirements, changes in the newly reissued NPDES stormwater permits related to LID, timeline for various actions by permittees, what the new changes will mean for new development in our jurisdiction and the actions that can be taken to prepare, training and other resources that are currently available or that Ecology intends to offer. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. 520 LID BRIEF ING FOR ELECTED OFFICIALS AND MANAGEMENT STAFF WHATCOM COUNTY COUNCIL CHAMBERS 311 GRAND AVENUE BELLINGHAM, WA 98225 JUNE 185 2013 1:00 - 2:30 PM YOU ARE INVITED to one of the regional briefings that the Ecology is hosting throughout the State on the role that low impact development (LID) practices will have in the reissued NPDES Municipal Stormwater Permits. The briefings are intended for elected officials, appointed officials, and management staff (e.g., council members, planning commissioners, city administrators, public works directors, etc.). THE BRIEFING WILL DISCUSS: • Impetus behind the new permit requirements • Changes in the newly reissued NPDES stormwater permits related to LID • Timeline for various actions by permittees • What the new changes will mean for new development in your jurisdiction and the actions that you can take to prepare • Training and other resources that are currently available or that Ecology intends to offer FOR MORE INFORMATION: Contact Wayne Carlson (AHBL, Inc.), (206) 658-2674 for questions regarding the briefing Contact Dana Brown -Davis (Whatcom County), (360) 676-6690 for questions regarding meeting location and logistics www.ecy.wa.gov/programs/wq/stormwater/municipal/LID/TRAINING/elected.html � Fm DEPARTMENT OF � z, Date: 5/17/2013 ECOLOGY State of Washington 521 LID BRIEFING S FOR ELECTED OFFICIALS AND MANAGEMENT STAFF ATTENTION CITY/COUNTY CLERKS, The Washington State Department Ecology has funded the hosting of briefings throughout the State to intro- duce the role that low impact development (LID) practices will have in the reissued NIPDES Municipal Storm - water Permits. The briefings are intended for elected officials, appointed officials, and management staff (e.g., council members, planning commissioners, city administrators, public works directors, etc.). The following briefings have been scheduled and local elected officials have been invited: May 22, 2013 6:00 pm City of Centralia Centralia Historic Train Depot May 29, 2013 6:00 pm City of Poulsbo City of Poulsbo May 31, 2013 10:00 am City of Vancouver Vancouver City Hall June 3, 2013 5:00 pm Skagit County Skagit County Hearing Room June 4, 2013 7:00 pm City of Pullman City of Pullman Council Chambers June 5, 2013 10:30 am City of Walla Walla Service Center Conference Room June 10, 2013 1:30 pm City of Spokane City of Spokane June 18, 2013 1:00 pm Whatcom County Whatcom County Council Chambers June 19, 2013 10:30 pm Cowlitz County Cowlitz County Administrative Building June 26, 2013 7:00 pm City of Moses Lake Civic Center Council Chambers We are also hoping to schedule a briefing in Kennewick. We bring this to your attention so that the appropriate public notification can be made in the event a quorum from your jurisdiction plans to attend one of the meetings. For jurisdictions with seven - member councils, a common notification method has been a calendar listing noting that "more than three council members may be in attendance and no official business is proposed." We encourage you to remind your elected officials of the nearest meeting location and time as we would like to see as many interested parties as possible! FOR MORE INFORMATION: www.ecy.wa.gov/programs/wq/stormwater/municipal/LID/TRAINING/elected.html or contact Jocelyn Jones of Ecology at (360) 407-7529 or Wayne Carlson ofAHBL at (253) 383-2422 `r DEPARTMENT OFun nm �\ Date:5/16/2013 ECOLOGYdM State of Washington 522 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-202 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator.. JPR 5/13/2013 © rC' �� p `\' f - ��� C 6/ 18/ 13 Public Works Introduction Division Head: JPR 511312013 / 9 / 13 L�= IJ \� L i_i �J MAY 1 1 Hearin Dept. Head: A ae/ 057 �� Prosecutor: VVWCOM COUNTY Purchasing/Budget: COUNCIL ®a2 a9 /, 3 Executive: 4NT. TITLE OF DO Closure of a portion of Boundary Road (at SR 539) ATTACHMENTS: 1. Memo to County Executive and Council 2. Ordinance 3. Vicinity map 4. Letter dated 4117113 from Washington State DOT requesting closure SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? (X) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: 611812013 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 has been requested by Washington State Dept. of Transportation to close Boundary Road where it intersects with SR 539 south of the international border. The closure will allow WSDOT to proceed with their project to enhance the border crossing by shifting SR 539 200 ft. east onto this portion of Boundary Road. WSDOT will add a truck lane, a NEXUS lane, install new illumination systems, construct new storm water treatment facilities and install new ITS systems. Closing this portion of Boundary Road will allow WSDOT to re grade, pave, sign and stripe the road. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. 523 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Frank M. Abart Director CO Joseph P. Rutan, P.E. County Engineer/Assistant Director 3 s 322 N. Commercial Street, Ste 301 Bellingham, WA 982254042 �4sk�nlG�Oe�' Phone: (360) 715-7450 RECITIVED Memorandum To: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council Through: Frank M. Abart, Director /W t7a From: Joseph P. Rutan, P.E., County Engineer/Assistant Directo /M Date: May 17, 2013 Re: Ordinance Closing a Portion of Boundary Rd. MAY 2 0 2'02 JACK LOUWS COUNTY E EECU IV Requested Action: Recommend adoption of an ordinance to close a portion of Boundary Road where it meets SR 539 (Guide Meridian) per Washington State Department of Transportation's request to enhance the Lynden-Aldergrove Port of Entry and border crossing. Background and Purpose: -rhe County Engineer is recommending closing Boundary Road where it connects to SR 539 to facilitate Washington State Department of Transportation's project to reconfigure the SR 539 approach to the International Boundary at the Lynden-Aldergrove Crossing. Information: This ordinance will allow Washington State Department of Transportation to proceed with their design to shift SR 539 200 ft. east onto Boundary Road to improve the border crossing. Improvements will include the addition of a truck lane, a NEXUS lane, new illumination systems, construction of a new stormwater treatment facility and new ITS system. When this portion of Boundary Road is closed WSDOT will commence re -grading, paving, signing, and striping the area. Completion of this project will serve the US Customs & Border Protection as well as the traveling public. When Boundary Road is closed, the Public will have to use Double Ditch Road to gain access to points north or south. This detour will be from one to three miles depending on the direction drivers are headed. c:\documents and settings\smock\local settings\temporary intemet files\content.outlook\pmy8bnbi2013_boundary rd memo .doc 524 SPONSORED BY: PROPOSED BY: Public Works - Engineering INTRODUCTION DATE: 06/04/13 ORDINANCE NO. CLOSING A PORTION OF BOUNDARY ROAD WHEREAS, the Whatcom County Council has been requested by the Washington State Department of Transportation (WSDOT) to close a portion of Boundary Road at SR 539, and WHEREAS, WSDOT is improving the International Border Crossing by reconfiguring the SR 539 approach to the International Boundary at the Lynden-Aldergrove Crossing by reconstructing SR 539 where Boundary Road now exists, and WHEREAS, the design requires that this portion of Boundary Road be closed for the facility to be built, and WHEREAS, the Whatcom County Council is authorized to close the road according to the provisions of RCW 36.32.120. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Public Works Department of Whatcom County is hereby directed, subject to further consideration for re-establishing access for adjoining property owners and the public, to close this portion of Boundary Road at SR 539 to vehicular traffic. ADOPTED this day of 52013. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Kathy Kershner, Council Chair APPROVED AS TO FORM: &�' �hu�j Chief Civil Deputy Prosecutor O Approved O Denied Jack Louws, Executive Date: 525 Vicinity Map Proposed Boundary Road Closure 3 Ave 3 Ave Aldergrove PortReserve 2 Ave 2 Ave Canada of Entry i Arc_" t ; n t d Proposed Portion #' Boundary Rd. to be closed 4 [i 5 ppbtt �j gg5 S HSt Rd _........_._.__._..... i ca a� QY m t� F, � i�fit if�Ea fq4 t s: © 2010 NAVTEQ © AND © 2013 Microsoft Corporation Proposed Road Closure Y�\O INFORMgTTO �QP P�G�M cOG °k y�'t' 00/3 52qssa�,�g processed by map 519111 VrWashington State ffl Department of Transportation Lynn Peterson Secretary of Transportation April 17, 2013 Frank M. Abart Whatcom County Public Works 322 N. Commercial St_ Ste. 210 Bellingham, WA 98225 Northwest Region Belliu,itam Proicx t f:nginecr ; (V cc .00 Stu ar Road Bellingham_ V,, _k 9.S"26 Subject: SR 539 Lynden-Alderg rove Port of Entry Improvements Project — Closure of Boundary Road Connection with SR 539 Dear Mr. Abart, The Washington State Department of Transportation (WSDOT) is designing a project to reconfigure the SR 539 approach to the International Boundary at the Lynden-Aldergrove Crossing. The Canadian Border Services Agency (CBSA) is re -constructing their Port of Entry east of the existing facility. As part of the coordinated improvements, WSDOT will be slufiing SR 539 200' east onto the Boundary Road footprint approaching the border. WSDOT's proposed improvements include the addition of a truck lane, a NEXUS lane, installing new illumination systems, constructing new stormwater treatment facilities and installing new ITS systems. Design of this project is approaching 90% completion and WSDOT designers have identified areas within Whatcom County Rights of Way that will be impacted by project improvements. Work to be conducted in these areas primarily consist of re -grading, paving, signing, striping and closure of the Boundary Road connection with SR 539. Project Schedule Hilestones • November 2013 Advertisement • May 2014 Begin Construction • October 2014 End Construction During project development WSDOT has reached out to many of the project stakeholders to share our plan to close the Boundary Road connection with SR 539. • US Customs and Border Protection has expressed support of the change as it will eliminate an operational problem that the Boundary Road access point causes during border back-ups. • Duty Free has been made aware of the proposal and is actively working with WSDOT to ensure they can continue to operate after the improvements are made. 527 Page 2 April 17, 2013 Frank M. Abart ® In order to construct a cul-de-sac on Boundary Road, WSDOT will be acquiring property from one parcel, Daryl VanderHaak. The project team has been in regular ongoing communication with Mr. VanderHaak and he has been very cooperative throughout the effort. Right -of -Way negotiations for the needed property are scheduled to begin within the next month. • WSDOT has hosted one open house to discuss and receive input from the public about this project. The open house was held on 51110 11 at the Lyrden City Hall Annex. During the open house WSDOT received moderate support for the project improvements. No future Open houses are planned. • The CBSA project will be making street modifications that will modify 0 Avenue's connection point that currently conflicts with the future configuration of the Candian Port of Entry. We will be applying for a construction permit and preparing a Turn Back Agreement with Whatcom County within the next month, but welcome any comments you have about the proposal at this time. I have spoken with Joe Rutan and it is my undersanding that the closure of Boundary Road's connection with SR 539 will require �Vhatcom County Council's approval and a hearing. P lease consiuer tills our formal request to initiate these processes. I would be happy to address any questions or present the project to County staff and officials as needed. If you have any questions or would like to discuss the project, you can contact me at (360)757-5901. Attached for your review are proposed channelization plans and right or way plans. Si cerely, Patrick Fuller PE Assistant Project Engineer PF:RVIK Attachments: Cha nelization Plan, ROW Plan. Cc: Project file: XL4244, COR - Correspondence .Toe Rutan, Whatcom County Road Engineer 1':'4133 4 l-.4244 Lyndc:n_Alder,rove_POE Correspondence`2013 _04_.17 Whataam Count; R.Lyuest For Bnundmy Rd C'losurc.tluc 528 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-128A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Samya LutzSLKL 05129113 "� E�ms] �, �` � /� [i— J 1� I.: �� �!= ; �V/ It` 6118113 COTW Division Head: Mark �i '"� '� 6 Personius J U N 11 2013 Dept. Head: J.E. "Sam "Ryan a o �j y� H 6 C C U f p® COUNCIL Prosecutor: 6' 'f3 Purchasing/Budge[-. Executive: 4,043 TITLE OF D CUA MINT. Agricultural Parcel Reconfiguration Code amendments as recommended in the Agricultural Strategic Plan (RES2011-023) ATTACHMENTS: 1) Staff memo to Council 3) Proposed Ordinance 2 "Clean" version of code amendments SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? () Yes ( X ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Proposed amendments to portions of the Official Whatcom County Zoning (Title 20) and Subdivision (Title 21) Ordinances for categorical changes related to the Parcel Reconfiguration task as recommended in the Ag Strategic Plan File. Changes include: Change to Ag Farmstead Parcel creation, a new Ag Parcel Reconfiguration Tool, Ag Siting Criteria, and Procedurally treating Ag Parcel Reconfigurations similar to Boundary Line Adjustments. COMMITTEE ACTION.• COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: RES2011-023 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. 529 WHATCOM COUNTY M �o- J.E. "Sam" Ryan Planning & Development Services sP Director 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 RECEIVED 360-738-2525 Fax I MEMORANDUM .JUN 0 5 2013 TO: Honorable Whatcom County Council Members JACK L OUWS CC: The Honorable Jack Louws, County Executive COUNTY EXECUTIVE FROM: Samya Lutz, Planner,-,: THROUGH: Mark Personius, Long Range Planning Manager I/l/f � DATE: May 29, 2013 SUBJECT: Whatcom County Agricultural Strategic Plan Implementation (PLN2012- 00007): Agricultural area amendments and Parcel Reconfiguration Staff discussed with the Council Planning Committee on May 21, 2013 the proposed parcel reconfiguration process and amendments, which followed discussion during the March 26, April 9 and May 7 Council Planning Committee meetings on the agricultural area amendments and parcel reconfiguration amendments. Staff received direction to bring this discussion to the Council Committee of the Whole at the next available meeting time. The following materials are attached to this memo: A 'clean' version of effected portions of county code with NO TRACKED CHANGES. This differs from previous versions of this document in that it includes ALL code chapters affected by the amendments, not just the Ag and Definitions chapters. Also, this version depicts highlighted areas which reflect the specific portions of the amendments having to do with parcel reconfiguration. All changes recommended by the Planning Commission on February 28 are included in this version as accepted. An ordinance with findings and conclusions as adopted by the Planning Commission, with Exhibit 1. -rhis exhibit contains the draft code amendments, showing all changes to the CURRENT code related to the February 28 version under consideration. Staff will again present information focused specifically on the parcel reconfiguration amendments. This follows previous staff presentations that have focused on the overall approach, the balancing of property flexibility and agricultural protection, and the specific ag area amendments allowing for small residential 1-to-3 acre lots to be created with an associated deed -restricted agricultural reserve parcel in advance of a home being built (as opposed to the current allowance to create these small lots only after a home is built). A specific question came up on May 7 and again on May 21 about options for monitoring and tracking the performance of this tool over time. Staff provided a presentation on May 21 that depicted some of the dialogue that took place with the Whatcom County Planning Commission on this subject. On February 28, a motion was made and seconded that said the following: "Parcel reconfigurations will be tracked annually by County Planning and Development Services so the procedure can be adaptively managed through year 2020. The department will publish a report that monitors parcel reconfiguration activity during the Page 1 of 2 530 Agricultural Parcel Reconfiguration Staff Memo May 29, 2013 previous year and compare that data with residential development in the agricultural zone over the previous 10 years." This motion was rejected, due in part to the concern that including this kind of language in the code may have the effect of accelerating development even more, as the public would be put on notice that this tool may be temporary. Once completed applications are received at PDS, they are vested and can continue to proceed forward even if the code subsequently changes. A brief run on parcel reconfiguration permits could result in the creation of many small lots. If Council members are interested in being cautious about the parcel reconfiguration option, and limiting the tools' availability, staff would encourage review of the March 28 memo' where a variety of options were articulated, including some that would weigh more heavily toward caution. Further increasing the requirement to meet agricultural -related purposes (currently four of seven must be met), or requiring density reduction (e.g., 20% reduction of total development potential) of every applicant are two examples of ways to limit the use and residential lot creation potential of this tool. Another option is to use the 2016 update process to review the agricultural parcel reconfiguration tool (assuming it gets implemented in the next few months), allowing about two years to see how things go, and adapting the tool as needed in conjunction with other code amendments likely to go forward at that time. Please note that related materials have been distributed and are on record in association with the previous meetings mentioned above, and that all related materials are posted on the Agricultural Program website, located here: http://www.whatcomcounty.us/pds/plan/Irlproj_ectsLgprogram/current-initiatives.js . Staff members look forward to discussing these amendments with you during the Committee of the Whole meeting on June 18. Feel free to contact Amy Keenan (x50264) or me (x51072) with any questions. 1 The staff memo dated March 28 was submitted with materials for the April 7 Council Planning Committee. The hyperlink goes to the April 7 meeting materials, and the memo begins on page 7. Page 2 of 2 531 Ag Area Amendments, with Parcel Reconfiguration portions highlighted "Clean" Re -organization Including portions of WCC 20.40, 20.80, 20.83, 21.01, 21.03, 21.04, and 20.97 Re -organized and non -tracked version of zoning and subdivision code chapters incorporating code changes as recommended by the Whatcom County Planning Commission for portions of chapters that are subject to the proposed.changes. Table of Contents Chapter 20.40 AGRICULTURE................................................................................................................................3 20.40.010 Purpose................................................................................................................................................3 20.40.250 Division or Modification of Parcels......................................................................................................3 20.40.251 Minimum Lot Size............................................................................................................................4 20.40.252 Minimum lot width and depth.........................................................................................................5 20.40.253 Farmstead or Reconfigured Parcel Minimum Lot Size Exceptions..................................................5 20.40.254 Separation of the Farmstead Parcel Criteria: .................................................................................. 6 20.40.255 Consolidation of Adjacent Tracts.....................................................................................................9 20.40.256 Establishing Intent...........................................................................................................................9 20.40.350 Building setbacks.................................................................................................................................9 20.40.450 Lot coverage.........................................................................................................................................9 20.40.650 New or Modified Parcel Siting Criteria..............................................................................................10 Chapter 20.80 SUPPLEMENTARY REQUIREMENTS.............................................................................................12 20.80.210 Minimum setbacks.........................................................................................................................12 20.80.255 Agriculture District.........................................................................................................................14 Chapter 20.83 NONCONFORMING USES AND PARCELS.....................................................................................15 20.83.110 Reduction of area...........................................................................................................................15 Chapter 21.01 GENERAL PROVISIONS................................................................................................................16 21.01.010 Title................................................................................................................................................16 21.01.020 Purpose..........................................................................................................................................16 21.01.030 Authority........................................................................................................................................16 21.01.040 Applicability and exemptions.........................................................................................................16 21.01.100 Applications required.....................................................................................................................16 Chapter 21.03 EXEMPT LAND DIVISIONS, BOUNDARY LINE ADJUSTMENTS, AND AGRICULTURAL PARCEL RECONFIGURATIONS...........................................................................................................................................18 21.03.010 Purpose..........................................................................................................................................18 532 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version 21.03.020 Exemptions....................................................................................................................................18 21.03.030 Pre-approval..................................................................................................................................18 21.03.040 Certificate of exemption................................................................................................................18 21.03.045 Required disclosures......................................................................................................................19 21.03.050 Access on state highways..............................................................................................................19 21.03.060 Boundary line adjustments and Agricultural Parcel Reconfigurations..........................................19 21.03.070 Inactive applications......................................................................................................................21 21.03.080 Requirements for a fully completed exempt land division application.........................................21 21.03.085 Requirements for a fully completed boundary line adjustment or agricultural parcel reconfiguration application............................................................................................................................22 21.03.090 Original drawing.............................................................................................................................23 Chapter 21.04 SHORT SUBDIVISIONS.................................................................................................................24 21.04.010 Purpose..........................................................................................................................................24 21.04.180 Agricultural short plat....................................................................................................................24 Chapter 20.97 DEFINITIONS................................................................................................................................25 20.97.132 Farmstead parcel...........................................................................................................................25 20.97.133 Farmstead home site.....................................................................................................................25 2 Prepared by Whatcom County PDS staff May 8, 2013 533 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version Chapter 20.40 AGRICULTURE 20.40.010 Purpose. The primary purposes of this district are to implement the agricultural designation of the Comprehensive Plan, established pursuant to RCW 36.70A.170, preserve, enhance and support the production of food and fiber in Whatcom County, to maintain a sufficiently large agricultural land base to ensure a viable agriculture industry and to maintain the economic feasibility of supporting services. Whatcom County supports agricultural activities as the highest priority use in the Agriculture District, with all other uses being subordinate to agricultural activities. Whatcom County seeks to minimize conflict with surrounding zoning districts, in conjunction with Chapter 14.02 WCC, Right to Farm. In order to limit the further fragmentation of the commercial agricultural land base, the Agriculture District includes smaller areas of land with poorer quality soils or nonagricultural uses, which do not meet the definition of agriculture lands of long-term commercial significance. A secondary purpose of this district is to serve as a holding district when located within the urban growth area Comprehensive Plan designation to allow agricultural uses in the near term while protecting the area from suburban sprawl and preserving the potential for future urban development consistent with the protection of the resource land. 20.40.250 Division or Modification of Parcels It is the intent of this section to allow divisions which benefit the long-term viability of agriculture. This section describes the requirements for division or modification of parcels within the agricultural district that are either consistent with the minimum lots size or would result in substandard parcels or make existing substandard parcels further substandard. Requests for land division, boundary line adjustment, or agricultural parcel reconfiguration in the Agriculture District shall be made on forms provided by the department and will be reviewed administratively. All divisions must comply with the following provisions: (1) Agricultural Divisions. All divisions of land in the Agriculture District shall proceed in accordance with the local and state subdivision laws. (2) Allowable Density. No division, boundary line adjustment, or agricultural parcel reconfiguration shall result in an increase in allowable density. (3) Additional Acreage. Additional acreage gained through a boundary line adjustment or agricultural parcel reconfiguration shall not be considered in the total acreage calculations for determining density. (4) Plat Restrictions. The following plat restriction is required, prior to recording, on the nonresidential lot of all divisions of land provided for in WCC 20.40.254(2): No further division or residential structure shall be allowed on this parcel unless and until changes in the zoning of this property occur consistent with State and local laws which would result in additional development density, in which case this restriction 3 Prepared by Whatcom County PDS staff May 8, 2013 534 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version shall be null and void, and density and uses of the new zone shall apply to the property upon review by the Whatcom County zoning administrator. (5) Deed Restrictions. Deed restrictions are required for all boundary line adjustments or agricultural parcel reconfigurations allowed under WCC 20.40.254 (3) and (4). (a) The following language must be recorded separately and placed by reference of auditors file number on the deed, and placed on the tract map of the nonresidential portion of the adjusted parent parcels prior to recording: The development density of the original parcel (parent parcel) remains with legal description . The (# of acres) appended through boundary line adjustment [or agricultural parcel reconfiguration] to legal description (receiving parcel) shall not be included in calculations to determine total development density for the receiving parcel. (b) The following deed restriction language must be recorded separately and placed by reference of auditors file number on the deed, and is required when there is no additional means to further subdivide the property due to the parcel sizes and density standards of this zone: No further division or residential structure shall be allowed on this parcel unless and until changes in the zoning of this property occur consistent with State and local laws which would result in additional development density, in which case this restriction shall be null and void, and density and uses of the new zone shall apply to the property upon review by the Whatcom County zoning administrator. 20.40.251 Minimum Lot Size. The minimum lot size in the Agriculture District is 40 acres, except as provided for in WCC 20.40.253 and .254. The creation of a lot less than the minimum size is permitted only when the subject application meets the standards contained in WCC 20.40.253, .254 and .650 as applicable. Minimum Parcel Lot Size Minimum Lot Size Exceptions Conventional Parcel 40 acres Reconfiguring existing nonconforming parcels Farmstead Parcels Created through Agricultural Short Subdivision or Agricultural Boundary Line Adjustment Farmstead Parcel — Parent Parcel with 1 acres Up to 3 acres pursuant to WCC 20.40.253 Existing Farmstead with public water (1),(2) & (4) Farmstead Parcel — 2 acres Up to 3 acres pursuant to WCC 20.40.253 (1)- Parcel with Existing Farmstead without (4) public water Prepared by Whatcom County PDS staff May 8, 2013 535 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version Farmstead Parcel — 1 acre Up to 2 acres pursuant to WCC 20.40.253 (1) & Parent Parcel without Existing Farmstead (2) with public water Farmstead Parcel — 2 acres Up to 3 acres pursuant to WCC 20.40.253 Parcel without Existing Farmstead (1),(2) & (3) without public water Parcels Created Through Agricultural Parcel Reconfiguration Reconfigured Parcel - reconfiguration 1 acre N/A with public water Reconfigured Parcel - reconfiguration 1 acre Up to 2 acres pursuant to WCC 20.40.253 without public water (1),(2) & (3) Parcel Created for Agricultural Purposes Only Created Parcel with deed restriction for 10 acres N/A no residential buildings 20.40.252 Minimum lot width and depth. (1) For parcels created consistent with the minimum lot size the: The minimum length to width ratio is 1/5. The terms "length" and "width" refer to the average length and average width of the parcel. (2) For lots created or rearranged pursuant to WCC 20.40.254, the following lot width and depth shall apply: Minimum Width at Street Minimum Width at Bldg. Minimum Mean Depth Line Line 70' [A] 80, 100, [A] Applies only to land divisions or parcel reconfigurations where the parcel(s) does not contain a farmstead homesite at the time of the application. 20.40.253 Farmstead or Reconfigured Parcel Minimum Lot Size Exceptions The base maximum for the farmstead parcel shall be consistent with the minimum lots size in 20.40.251, except as follows: (1) A greater area is determined necessary by the health officer pursuant to Chapter 24.05 On -Site Sewage System Regulations; (2) A greater area is determined necessary by the responsible official to accommodate a driveway or other access necessary for the farmstead parcel; Prepared by Whatcom County PDS staff May 8, 2013 536 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version (3) For farmstead parcels without public water: Unless substantial evidence is provided by the responsible official indicating the location is not feasible, wells and wellhead protection zones shall also be located within farmstead parcel. Wells located outside of the farmstead parcel area shall be sited to minimize potential impacts on agricultural activities. (4) For farmstead parcels with existing farmstead homesites: There is an existing agricultural structure(s) within the farmstead parcel and any of the following criteria are met: (a) The separation between the agricultural structure(s) and the primary residential structure is less than 150 feet; or (b) Current use of the agricultural structure(s) is not related to an agricultural activity; or (c) There is a low potential for future use of the agricultural structure(s) to be associated with an agricultural activity due to physical condition or compatibility with agricultural practices; or (d) Water is not available for use at the agricultural structure(s). 20.40.254 Separation of the Farmstead Parcel Criteria: (1) The criteria for approval for the farmstead parcel and remainder parcel created through Agricultural Boundary Line Adjustment, Agricultural Short Subdivision and Agricultural Parcel Reconfiguration shall be the following: (a) The area of the parcel containing the farmstead home site, whether the home exists or is to be added, is limited to the minimum amount required to encapsulate structures, parking areas, driveways, septic systems, wells, and landscaping required setbacks; and (b) The farmstead parcel size shall be as stated in WCC 20.40.251, unless the existing residential structure(s) and/or well and septic constraints require a larger parcel, but shall not exceed the maximum lot size consistent with the exceptions in WCC 20.40.253; and (c) The farmstead parcel and farmstead home site meet the siting criteria contained in WCC 20.40.650; and (d) A remainder parcel shall be created equal to or greater than 10 nominal acres; and (e) The remainder parcel shall have no existing residential development and no development rights, and a condition containing the language as provided in WCC 20.40.250(4) or (5) shall be included on the short plat, boundary line adjustment, or agricultural parcel reconfiguration for the remainder parcel prior to final approval; and (f) The applicant and his or her heirs provide right of first purchase for a period of not less than 60 days through deed restriction to the original purchaser and subsequent purchasers of the remainder parcel for purchase of the farmstead parcel before they are offered on the open market; and (g) A right to farm disclosure statement as provided for in WCC 14.02.040(B) will be signed by the farmstead parcel owner and subsequent purchasers of the farmstead parcel, and recorded as per WCC 14.02.040(A)(1) and 14.02.050; and Prepared by Whatcom County PDS staff May 8, 2013 537 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version (h) All land division shall comply with the appropriate map and recording provisions of WCC Title 21; and (i) The overall submittal shall comply with WCC 20.40.250 et seq. (2) Agricultural Short Subdivisions. Agricultural Short subdivisions for the purpose of reducing the acreage below the minimum lot size as provided by WCC 20.40.251 for a farmstead homesite shall comply with the following provisions: (a) The minimum parcel size is the area necessary to accommodate a house site which meets the applicable dimensional requirements of all applicable code and provides a remainder (appended) parcel equal to or greater than 10 nominal acres; and (b) The short subdivision application shall meet the size and performance standards of WCC 20.40.650. (3) Boundary Line Adjustments. Boundary line adjustments for the purpose of reducing the acreage below the minimum lot size as provided by WCC 20.40.251 of an existing or proposed farmstead parcel if such boundary line adjustment complies with the following provisions: (a) Boundary line adjustments shall not make a lot substandard or further substandard, except as provided for in WCC 20.40,251. (b) The minimum parcel size is the area necessary to accommodate a house site which meets the applicable dimensional requirements of all applicable codes and provides a remainder (appended) parcel equal to or greater than 10 nominal acres; and (c) The farmstead parcel and boundary line adjustment application shall meet the size and performance standards of WCC 20.40.250 and .251, and the siting criteria of WCC 20.40.650. (4) Agricultural Parcel Reconfiguration: Parcels are reconfigured and finalized according to the agricultural parcel reconfiguration process established in Chapter 21.03, Exempt Land Divisions, Boundary Line Adjustments, and Agricultural Parcel Reconfigurations, and when meeting the following performance standards: (a) Existing parcels to be reconfigured are: (i) Smaller than the minimum lot size established for new lots in the Agriculture district. Parcels which meet the minimum lot size may be adjusted as a part of this process, provided the reconfiguration meets the provisions of (4)(b) below; (ii) Determined to be legally created and buildable pursuant to WCC Title 21.01.180. (b) Proposed parcel(s) results in the following: (i) No additional parcels; and (ii) A remainder parcel shall be created equal to or greater than 10 nominal acres; and (iii) The siting criteria of WCC 20.40.650 are met and development standards of WCC 20.40.252 et seq. are met; and Prepared by Whatcom County PDS staff May 8, 2013 538 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version (iv) The reconfiguration shall result in achieving four (4) or more of the identified agricultural -related purposes as follows: (A) Expand the amount of commercially viable resource land under contiguous single ownership; and/or (B) Protect and buffer designated resource lands; and/or (C) Reduce impervious surfaces, such as by reducing the amount of road and utility construction required to serve reconfigured lots, or by reducing the amount impervious area for nonagricultural uses that could otherwise occur without parcel reconfiguration; and/or (D) Reduce the total number of lots of record through voluntary consolidation; and/or (E) Produce a farm management plan approved through the Whatcom Conservation District or WA Department of Agriculture that demonstrates increased viability of the agricultural operation through the agricultural parcel reconfiguration; and/or (F) Enable improved floodplain management in cooperation with Whatcom County Public Works; and (viii) Reconfigured lots shall not be further adjusted by boundary line adjustment without approval under this section. (c) The responsible official may impose conditions, consistent with Whatcom County Code, on the agricultural parcel reconfiguration to further the purposes of this section. (d) Parcel reconfigurations will be tracked by County Planning and Development Services so the procedure can be adaptively managed by review of all projects passed per this code in year 2017. (5) Public Facility. The division is forthe purpose of public facilities for health and safety use or expansion of such uses; provided, that: (a) The division or boundary line adjustment will not adversely affect the surrounding agricultural activities; and (b) The applicant has demonstrated to the administrator's satisfaction that the siting of the proposed use cannot be located in an adjacent zoning district or alternative site, if the area is intensively farmed. (6) Division or Boundary Line Adjustment for Agricultural Purposes Only. Lots smaller than the minimum lot size of WCC 20.40.251 may be created through land division or re -arranged through a boundary line adjustment provided the following: (a) The parent parcel does not contain an existing residence, or said existing residence will remain on a parcel larger than 40 acres in size; and (b) The parcel created is greater than 10 acres or is appended to another parcel; and (c) There is a properly executed deed restriction which runs with the land on lots which have been created through the division or modified by the boundary line adjustment, except those lots at or over 40 acres in size that maintain an associated development density. Such Prepared by Whatcom County PDS staff May 8, 2013 539 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version deed restriction shall be substantially similar to that listed under 20.40.250(5), approved by the zoning administrator and recorded with the County Auditor specifying: (i) All land divided or parcels adjusted are to be used exclusively for agricultural or flood management purposes and specifically not for a dwelling(s), and (ii) All land divided or parcels adjusted shall have no residential density, and (iii) For land divisions, the acreage of the newly created parcels shall not be included in calculations to determine total development density in the future, and (iv) For boundary line adjustments, the acreage of the newly created parcel and appended portion shall not be included in calculations to determine total development density in the future. 20.40.255 Consolidation of Adjacent Tracts. Consolidation of adjacent tracts in the same ownership shall be required in accordance with 20.83.070 in approval of any subdivision, short subdivision, agricultural parcel reconfiguration, or boundary line adjustment in the Agricultural District. The County may waive the permit fee for a boundary line adjustment or agricultural parcel reconfiguration where adjacent lots of record are not in the same ownership and are consolidated voluntarily for purposes of the agricultural parcel reconfiguration, or boundary line adjustment. 20.40.256 Establishing Intent. The burden of establishing intent in and legal proceeding relating to a transaction accomplished or proposed under the authority of this section shall be upon the land owner or purchaser. 20.40.350 Building setbacks. Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements). Building setbacks for parcels of less than five nominal acres shall be administered pursuant to WCC 20.80.250, 20.40.450 Lot coverage. No structure or combination of structures, including accessory buildings, shall occupy or cover more than 25 percent of the total area of the subject parcel. Exceptions to the maximum lot coverage may be allowed when any of the following can be demonstrated: (1) Proposed structures, in excess of the allowed maximum lot coverage, are located on lesser quality soils. (2) Proposed structures in excess of the allowed maximum lot coverage support additional agricultural production on parcels other than the subject parcel. (3) Expansion of facilities that were in operation prior to the adoption of the ordinance codified in this section if it can be demonstrated that substantial on -site investment has been made and location of additional structures off -site would cause an economic hardship to the farm operation. Prepared by Whatcom County PDS staff May 8, 2013 540 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version 20.40.650 New or Modified Parcel Siting Criteria The location of vacant farmstead parcels or parcels arranged through agricultural parcel reconfiguration (which may or may not be vacant) shall be consistent with the following siting criteria and standards: (1) Minimum Lot Size. Parcels shall be consistent with WCC 20.40.251. (2) Parcel Design. Parcels shall be located and arranged to provide the maximum protection of agricultural land located both on and off -site. Parcel design and development shall be as follows: (a) The residential parcels shall be configured so that property lines are immediately adjacent and physically contiguous to each other. A maximum of two development areas containing no more than four (4) lots may be allowed. The two development areas shall contain no more than a total of six lots, and shall be separated by a minimum of 500 feet to minimize the visibility of the future development and reinforce the purposes of the zone; provided that reductions in the separation standard by up to 10% are allowed if an applicant can demonstrate that the future development visibility from the public right of way or from neighboring properties is minimized and the purposes of the parcel reconfiguration in WCC 20.40.254(4)(b)(iv) are met; and (b) Residential parcels shall be located as close as possible to existing public roads, or if none abut the property then to existing access roads. New road or driveway development shall be avoided to the maximum extent feasible; and (c) Except for parcels that recognize existing farmsteads, residential parcels shall be located to the extent feasible to maximize the remainder lot configuration and farmable area; and (d) Except for reconfigured parcels that recognize existing farmsteads, each reconfigured parcel shall be limited to one single family residence and residential accessory structures; and (e) Residential building sites shall maintain sufficient separation from on -site and off -site agricultural resources and exterior property lines. The setback, lot coverage, and height standards for reconfigured lots shall be as established in WCC 20.40.350 to 450; and (f) Applicants shall verify that reconfigured parcels or farmstead parcels do not prohibit access to a point of withdrawal for any irrigation water rights certificates, claims, permits, or applications on the affected parcels; and (g) All development shall be consistent with WCC Chapter 16.16; and (h) The farmstead parcel or reconfigured parcels avoid prime soils to the extent feasible. Where the site is predominantly in prime soils and such cannot be avoided, the applicant shall demonstrate that: (i) the parcels are sized to be as small as feasible pursuant to WCC 20.40.251; and (ii) located to maximize the agricultural use of the remainder lot; and (iii) achieve the most suitable locations for parcels in terms of minimizing roads, allowing for water availability, and septic suitability. 10 Prepared by Whatcom County PDS staff May 8, 2013 541 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version (3) Substitute Parcel Design Standards. Applicants proposing a farmstead parcel or agricultural parcel reconfiguration may propose a substitute performance standard in place of a listed standard in .650 (New or Modified Parcel Siting Criteria) provided that the applicant submits a written justification demonstrating the substitute standard better or equally meets the purposes of the zone in WCC 20.40.010 and the agricultural -related purposes described in WCC 20.40.254(4)(b)(iv); except under no condition shall more than the maximum of six (6) residential parcels with no more than four (4) lots in one development area be allowed. Such substitution shall be considered at the Administrator's discretion. 11 Prepared by Whatcom County PDS staff May 8, 2013 542 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version Chapter 20.80 SUPPLEMENTARY REQUIREMENTS (selected portions) 20.80.210 Mixiiiiiuin setbacks. (5) Setbacks. For the purposes of this chapter, the road classification used to determine setback requirements shall be as set forth in this section. In the event a particular road is not listed in this section, the department of public works shall determine the classification, which classification shall be based on the Whatcom County Development Standards or such other local, state or federal roadway standards as the department of public works deems appropriate. (a) Setback Requirements of All Districts. (i) No manure lagoon or other open pit storage shall be located closer than 150 feet from any property line, or in a manner which creates any likelihood of ground water pollution or other health hazard. (ii) All manure storage shall be protected from a 25-year flood and shall be located 50 feet from irrigation ditches and waterways, 50 feet from the ordinary high water line of any lake or waterway; provided, that best management practices as determined by the Whatcom County Conservation District are in place. If the best management practices are not in place, 300 feet shall be substituted for 50 feet. (iii) In all districts where a single-family residence is a primary permitted use, a building permit may be issued for the construction of a replacement dwelling on the same lot; provided, that the owner agrees by filing a statement with the building official that the old dwelling will be demolished, removed or converted to another permitted use upon completion of the new dwelling. (iv) A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-foot setback area after approval from the International Boundary Commission. (b) Setbacks Table. 12 Prepared by Whatcom County PDS staff May 8, 2013 543 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version Agricultural(AG) Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, 1-5, State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Collectors Streets Streets Minor Arterials 50' 50' 50' 50' 50' 50' 20' 20' L. The 50-foot front yard setback requirement for new buildings or additions may be waived if the zoning administrator inds the new building or addition is located along the same building line(s) of existing structures and will result in no additional encroachment and 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 )peration of the agricultural use. !. The minimum separation between new residences not located on the same property and farm uses such as barns, pens, nilking sheds, or areas used to contain, house or feed animals or store manure or feed shall be 300 feet. New farm uses ;uch as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed shall be situated it least 150 feet from existing residences not located on the same property. Expansion of existing facilities within the 150- oot buffer, providing such expansion is not closer to a neighbor's residence, and pastures are excluded from this section's equirements. Parcels of less than five nominal acres shall have the following minimum setbacks: ront yards: Primary arterials and secondary arterials: 45 feet. Collector arterials: 35 feet. Neighborhood collectors, local access streets: 25 feet. Minor access streets: 20 feet. Minimum front yard requirements can be reduced by the zoning administrator for agricultural parcel reconfigurations, )oundary line adjustments, or farmstead parcels established through WCC 20.40.253 -.254 if the proposed placement of he structures will result in a better fit with critical areas or prime soils and goes through the approval process in WCC 21.03. n no case shall front yard depth be less than 20 feet. ride yards: minimum side yard setbacks shall be five feet. For agricultural parcel reconfigurations, boundary line adjustments, or farmstead parcels established through WCC 20.40.253 - .254, the exterior side yard and exterior rear yard equirements of habitable structures shall be 30 feet. tear yards: minimum rear yard setbacks shall be five feet. 13 Prepared by Whatcom County PDS staff May 8, 2013 544 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version 4. A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-foot setback area after approval from the International Boundary Commission, 20.80.25 5 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, 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, 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. (3) Parcels of less than five nominal acres shall have the following minimum setbacks: Front Yards: — Primary arterials and secondary arterials: 45 feet. — Collector arterials: 35 feet. — Neighborhood collectors, local access streets: 25 feet. — Minor access streets: 20 feet. Minimum front yard requirements can be reduced by the zoning administrator for agricultural parcel reconfigurations, boundary line adjustments, or farmstead parcels established through WCC 20.40.253 - .254 if the applicant demonstrates better placement of the structures in relation to critical areas or prime soils and goes through the approval process in WCC 21.03, but in no case shall be less than 20 feet. Side Yards: Minimum side yard setbacks shall be five feet. For agricultural parcel reconfigurations, boundary line adjustments, or farmstead parcels established through WCC 20.40.253 - .254, the exterior side yard and exterior rear yard requirements of habitable structures shall be 30 feet. Rear Yards: Minimum rear yard setbacks shall be five feet. 14 Prepared by Whatcom County PDS staff May 8, 2013 545 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version Chapter 20.83 NONCONFORMING USES AND PARCELS (selected portions) 20.83,110 Reduction of'airea. The administrator shall not cause or increase the nonconformity of lots that are substandard as to lot area and/or lot width requirements through boundary line adjustments; provided, however, that the administrator or hearing examiner may approve boundary line adjustments required to satisfy an unidentified or disputed property line or to identify the same in accordance with RCW 58.04.007. In addition, boundary line adjustments or agricultural parcel reconfigurations in the Agricultural zone in conformance with WCC 20.40.253-.254 shall be allowed. 15 Prepared by Whatcom County PDS staff May 8, 2013 546 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version Chapter 2 1.0 1 GENERAL PROVISIONS (selected portions) 21.01.010 Title. This title shall be known and may be cited as the Whatcom County land division regulations. 21.01.020 Purpose. The purpose of this title is: (1) To promote the public health, safety, and general welfare, and to protect the natural resources and the environment. (2) To provide for proper application of Chapter 58.17 RCW. (3) To facilitate efficient and cost-effective land division and to ensure orderly growth and development consistent with the Whatcom County Comprehensive Plan and the Whatcom County Code. (4) To establish an orderly transition from existing land uses to urban development patterns in designated urban growth areas. 21.01.030 Authority. This title is authorized pursuant to the authority delegated to Whatcom County under Chapter 58.17 RCW, Plats — Subdivisions — Dedications. 21,01M40 applicability and exemptions. (1) This title shall apply to property boundary actions as defined in this title. (2) The subdivision and short subdivision provisions of this title shall not apply to: (f) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site in accordance with the provisions of this title; (1) Divisions of land into parcels of less than forty acres but greater than ten acres within the area zoned and designated as Agriculture in the Comprehensive Plan for Whatcom County proceeding in accordance with 20.40.254(6). 21.01.100 Applications required, (1) The applicant is encouraged to seek assistance from the subdivision administrator as to which approvals are required for a particular proposal. One or more of the following applications may be required for a particular proposal: 16 Prepared by Whatcom County PDS staff May 8, 2013 547 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version (a) Exempt land division; (b) Boundary line (lot line) adjustment or agricultural parcel reconfiguration; (c) Short subdivision; (d) Preliminary long subdivision; (e) Final long subdivision; (f) Subdivision vacations and alterations; (g) Preliminary binding site plan; (h) General binding site plan; (i) Specific binding site plan; (j) Agricultural short plat. 17 Prepared by Whatcom County PDS staff May 8, 2013 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version Chapter 2 1' �bAND U . RECONFIGURATIONS ',RAI (selected portions) 21.03.010 purpose. The purpose of this chapter is to establish or reference the procedure and requirements for the application, review and approval of exempt land divisions, pursuant to WCC 21.01.040, boundary line adjustments, and agricultural parcel reconfigurations. the procedure is intended to provide orderly and expeditious processing of such applications. 21.03.020 8xempttous„ Repealed by Ord. 2009-007. 21,03,030 Pre -approval. Applicants may request that their proposed exempt land division be reviewed by the subdivision administrator and pre -approved using forms supplied by the planning and development services department. 21.03.040 Certificate of exei nptiiori. (1) A certificate of exempt land division shall be obtained from the planning and development services department for exempt land divisions under WCC 21.01.040(2)(b) and (k). A certificate of exempt land division shall consist of a suitably inscribed stamp on the instrument conveying land title and shall be certified prior to the recording of the instrument with the county auditor. County review and/or a county certificate of exemption stamp shall not be required for WCC 21.01.040(2)(a) and (c) through (j). (2) A certificate of exempt land division shall be approved, approved with conditions, or denied as follows: (a) Applications shall include information required by WCC 21.03.085. (b) The exempt land division results in a lot(s) that qualifies as a valid land use pursuant to the Whatcom County Code, including but not limited to lot area, lot width, building setbacks, critical areas protection or shorelines protection. (c) The exempt land division will not detrimentally affect access, access design, sight distance, grade, road geometry or other public safety and welfare concerns. (3) An exempt land division is not considered approved until said instrument has been duly stamped as exempt and is filed for record concurrently with all applicable disclosures of WCC 21.03.045 within 12 months of pre -approval. Failure to record within 12 months of pre -approval means the exempt land division application is expired and must be resubmitted for review and approval. The time periods of this section do not include the time during which the exempt land division was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and 18 Prepared by Whatcom County PDS staff May 8, 2013 549 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. 21.03.045 Required disclosures. The following disclosures, if applicable, shall be recorded in the county auditor's office and shall be filed concurrently with all conveyances of property subject to this title: (1) Right to farm, right to practice forestry, or mineral resource disclosures. (2) Boundary discrepancies. (3) Protective covenants, conditions and restrictions. (4) Latecomers' agreements. (5) Significant pipeline in vicinity disclosure when the subject property is within 660 feet of a pipeline shown on Map 12, Chapter 5 of the Whatcom County Comprehensive Plan. 21.03.050 Access on state Wghways For parcels that will access onto a state highway, the applicant shall provide evidence of an approved access from the State Department of Transportation prior to approval of the exempt land division. 21.03.060 Boundary lime adjustments and Agricultural Parcel Reconfigurations, The purpose of this section is to provide procedures for the review and approval of adjustments or alterations to boundary lines of existing lots of record which does not create any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site. (1) Procedures. Boundary line adjustments and agricultural parcel reconfigurations shall be approved, approved with conditions, or denied as follows: (a) Applications shall include information required by WCC 21.03.085. (b) Any adjustment of boundary lines must be approved by the subdivision administrator prior to the transfer of property ownership between adjacent lots. (c) The subdivision administrator shall make a preliminary decision on boundary line or agricultural parcel reconfiguration applications within 45 days following submittal of a complete application or revision, unless the applicant consents to an extension of such time period. (d) A title insurance certificate updated not more than 60 days prior to application, which includes all parcels within the adjustment, must be submitted to the subdivision administrator with boundary line adjustment or agricultural parcel reconfiguration applications. (e) All persons having an ownership interest within the boundary line adjustment or agricultural parcel reconfiguration shall sign the final recording document in the presence of a notary public. 19 Prepared by Whatcom County PDS staff May 8, 2013 550 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version (2) Decision Criteria. In reviewing a proposed boundary line adjustment or agricultural parcel reconfiguration, the subdivision administrator or hearing examiner shall use the following criteria for approval: (a) The boundary line adjustment shall not result in the creation of an additional lot. (b) With the exception of those boundary line adjustments or lots within agricultural parcel reconfigurations that recognize an existing farmstead home site located within the agricultural zone, the boundary line adjustment or agricultural parcel reconfiguration shall result in lots which contain sufficient area and dimensions to meet minimum requirements for width and area for a building site pursuant to this title. (c) The boundary line adjustment or agricultural parcel reconfiguration shall be consistent with any restrictions, depictions or conditions regarding the overall area in a plat or short plat devoted to open space, environmental mitigation or conservation. (d) The boundary line adjustment or agricultural parcel reconfiguration shall be consistent with any restrictions or conditions of approval for a recorded plat, short plat, zoning permit, or development permit. (e) The boundary line adjustment or agricultural parcel reconfiguration shall not cause boundary lines to cross on -site sewage disposal systems or their reserve areas, prevent suitable area for on -site sewage disposal systems, or prevent adequate access to water supplies unless suitable mitigation including, but not limited to, the granting of utility easements is provided to the satisfaction of Whatcom County; provided, however, in the agricultural zone only those lots with existing on -site sewage disposal systems or potable water supplies are subject to this provision. (f) The boundary line adjustment or agricultural parcel reconfiguration will not create a new access which is unsafe or detrimental to the existing road system because of sight distance, grade, road geometry or other safety concerns, as specified in adopted Whatcom County road development standards. (g) The boundary line adjustment or agricultural parcel reconfiguration on lots without an existing farmstead home site shall demonstrate adequate septic and potable water suitability. Applicants shall demonstrate adequate potable water availability per WCC 24.11. Applicants shall demonstrate septic suitability approval pursuant to WCC 24.05. (3) Final Approval and Recording Required. To finalize an approved boundary line adjustment or agricultural parcel reconfiguration, the applicant must submit to the subdivision administrator within one year of preliminary approval final review documents meeting the requirements of approval. 20 Prepared by Whatcom County PDS staff May 8, 2013 551 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version (a) All persons having an ownership interest within the boundary line adjustment or agricultural parcel reconfiguration shall sign the final recording document in the presence of a notary public. (b) Certified legal descriptions of the lots after the boundary line adjustment or agricultural parcel reconfiguration, together with conveyance document(s) and language clearly binding the property which is conveyed to the remainder portion of the property, shall be prepared by a title company or licensed surveyor for all lots affected by the boundary line adjustment or agricultural parcel reconfigurations. (c) A title insurance certificate updated not more than 60 days prior to recording of the adjustment, which includes all parcels within the adjustment, submitted to the subdivision administrator with boundary line adjustment or agricultural parcel reconfiguration final review documents. (d) A final boundary line or agricultural parcel reconfiguration map, prepared by a licensed surveyor, along with legal descriptions, shall be prepared and submitted for review and approval. Two map copies shall be provided for review demonstrating compliance with the preliminary boundary line adjustment or parcel reconfiguration approval. (e) A boundary line adjustment or agricultural parcel reconfiguration is not considered approved until the conveyance documents have been duly stamped as exempt and is filed for record concurrently with all applicable disclosures of WCC 21.03.045 within 12 months of approval of final documents. Failure to record within 12 months of approval means the boundary line adjustment or agricultural parcel reconfiguration application is expired and must be resubmitted for review and approval 21.03.070 inactive applications. An applicant may place an exempt land division, boundary line adjustment, or agricultural parcel reconfiguration application, which has not yet received preliminary approval, on hold for a cumulative maximum of 180 days. This 180-day period shall not include time the applicant is performing studies required by the county when the study is provided within the time frame agreed to by the county and the applicant. Applications which fail to meet these time limits will be considered expired and void. The time periods of this chapter do not include the time during which the exempt land division was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. 21.03.080 Requirements for a fully completed exempt land division application. The following, and any other information on a form prescribed by the subdivision administrator, is required for a complete application for exempt land divisions under WCC 21.01.040(2)(b) and (k). (1) Written Data and Fees. (a) Name, address and phone number of land owner, applicant, and contact person. 21 Prepared by Whatcom County PDS staff May 8, 2013 552 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version (b)Intended uses. (c) A current title report or update of title report issued no more than 60 calendar days prior to application. (d) Assessor's parcel number (of the parent parcel). (e) Fees as specified in the Unified Fee Schedule. (f) Signature of all owners as shown on title report, and authorization for any agent to act on behalf of owners. (2) Map Data. (a) Name of land owner. (b) Name of proposed land division (if an original drawing is prepared). (c) General layout of proposed land division. (d) Common language description of the general location of the land division. (e) Approximate location and names of existing roads identified as either public or private. (f) Vicinity map. (g) Common engineering map scale/north arrow/sheet numbers (on each sheet containing a map). (h) Section, township, range, and municipal and county lines in the vicinity. (i) General boundaries of the site with general dimensions shown. (j) Legal description of the land. 21.03.085 Requirements for a fully cornp&eted boundary line adjustment or agricultural parcel reconfiguration application. The following, and any other information on a form prescribed by the subdivision administrator, is required for a complete application. (1) Written Data and Fees. (a) Name, address and phone number of land owner, applicant, and contact person. (b) Intended uses. (c) A current title report or update of title report issued no more than 60 calendar days prior to application. (d) Assessor's parcel numbers of existing parcels. (e) Fees as specified in the Unified Fee Schedule. (f) Signature of all owners as shown on title report, and authorization for any agent to act on behalf of owners. (2) Map Data. (a) Names of land owners. (b) Name of proposed boundary adjustment. (c) Common language description of the general location of the land division. 22 Prepared by Whatcom County PDS staff May 8, 2013 553 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version (d) Map at a common engineering scale of boundaries of existing parcels that are contributing to or receiving land from the proposed adjustment. (e) Approximate location and labeling of any disputed or undetermined property lines proposing to be resolved by the adjustment. (f) Clear depiction of property lines proposed for adjustment which identifies existing property lines and proposed property lines. (g) Legal description and area of original parcels. (h) Legal description and area of proposed adjusted parcels. (i) Approximate location and names of existing roads identified as either public or private. (j) Approximate location of existing buildings and existing on -site septic systems. (k) Approximate locations of existing utilities and infrastructure. (1) Vicinity map. (m) Common engineering map scale/north arrow/sheet numbers (on each sheet containing a map). (n) Section, township, range, and municipal and county lines in the vicinity. (o) General boundaries of the site with general dimensions shown. 71.01090 Original drawing, Repealed by Ord. 2009-007. 23 Prepared by Whatcom County PDS staff May 8, 2013 554 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version (Chapter 21.04 SHORT SUBDIVISIONS (selected portions) 21.04.010 Purpose. The purpose of this chapter is to establish or reference the procedure and requirements for the application, review and approval of short subdivisions. 21.04.180 Agricultural short Mato The provisions of WCC 20.40.253 - .254 provide for the segregation of a farmstead parcel with an existing residence(s) from a remainder parcel used for farming in the Agriculture Zone. The remainder parcel is restricted to agricultural use only. Because no further residential development can occur on the remainder parcel and an existing residential structure is already on the farmstead parcel, many of the standard short plat requirements are unnecessary. Therefore, a shortened review process has been established. Agricultural short plats that qualify under WCC 20.40.253 - .254 shall be subject to the following: (1) Agricultural short plats that recognize an existing farmstead homesite shall be processed pursuant to all the requirements of this chapter except that the short plat will not be reviewed for compliance with: (a) WCC 21.04.060 (Roads); (b) WCC 21.04.090 (Water supply), when the remainder parcel will not require potable water; (c) WCC 21.04.100 (Sewage disposal); (d) WCC 21.04.130 (Land survey); (e) Chapter 16.16 WCC (Critical Areas); and (f) Shoreline master program. (2) Any subsequent development must comply with all applicable codes. (3) Survey Requirements — Partial. A survey, prepared by a professional land survey in accordance with WCC 21.09.010 and 21.09.020, which provides the location of at least two corners of the farmstead parcel shall be submitted. A survey is not required for the remainder parcel that cannot have further residential development. 24 Prepared by Whatcom County PDS staff May 8, 2013 555 Ag Area and Parcel Reconfiguration Amendments WCC "clean" re -organized & non -tracked version Chapter 20.97 DEFINITIONS Zoning Definitions (selected portions) 20.97.132 Farmstead parcel. The "farmstead parcel' is the legally subdivided portion of the parent parcel containing an existing or planned farmstead home site. 20.97.133 Farmstead home site. The "farmstead home site" includes that portion of the parent parcel used for existing or planned residential buildings, uses accessory to residential buildings, drainfields, wells, wellhead protection area(s), established landscaped areas contiguous with the non-agricultural built area, and structures as allowed in WCC 20.40.253. 25 Prepared by Whatcom County PDS staff May 8, 2013 556 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PROPOSED BY: SPONSORED BY: INTRODUCTION DATE: ORDINANCE NO. CODE AMENDMENTS TO ALLOW AGRICULTURAL PARCEL RECONFIGURATION AND RELATED CHANGES AFFECTING THE AGRICULTURE ZONE WHEREAS, the Whatcom County Agricultural Advisory Committee developed an Agricultural Strategic Plan adopted by County Council Resolution 2011-023; and WHEREAS, the Agricultural Strategic Plan includes the recommendation to develop a Parcel Reconfiguration tool in the Agricultural areas, which has now been developed; and WHEREAS, the proposed code amendments have been reviewed under the State Environmental Policy Act (SEPA); and WHEREAS, In accordance with RCW 36.70A.106 Whatcom County Planning and Development Services notified the Department of Commerce of the proposed code amendments; and WHEREAS, the Whatcom County Planning Commission held two public hearings on the proposed amendments, with notices published in the Bellingham Herald, and considered all testimony; and WHEREAS, the Whatcom County Planning Commission held five work sessions on the proposed amendments, and forwarded its findings and reasons for action to the County Council; and WHEREAS, the Whatcom County Council has reviewed the Planning Commission recommendation; and WHEREAS, the Whatcom County Council hereby adopts the following findings of fact and conclusions: FINDINGS 1. The Whatcom County Agricultural Strategic Plan was developed by the county's Agricultural Advisory Committee made up of farmers and farming industry representatives appointed by the Whatcom County Executive and affirmed by the County Council. Page 1 557 1 2. The Agricultural Strategic Plan was supported by the County Executive and 2 endorsed by the County Council on July 26, 2011 through Resolution 2011- 3 023. 4 5 3. The Agricultural Strategic Plan built upon previous work within the 6 agricultural community including the Rural Land Study (2007; endorsed 7 through Council Resolution 2009-040), and an examination of the existing 8 potential residential development within the agricultural areas of the county 9 as described in four White Papers delivered to the WA State Office of 10 Farmland Preservation in January 2009 and posted on the county's 11 Aaricultural website since that time. 12 13 4. The examination of existing development potential was initiated in 2008 14 through a stakeholder and public process conducted by Whatcom Farm 15 Friends (county contract number 200711051), wherein tools were identified 16 with the goals of both retiring and accommodating existing development 17 potential in ways that benefit agriculture. Tools that retire existing 18 development potential were identified as options to reduce the overall 19 development potential within the agricultural areas, assisting the farming 20 industry by reducing the potential for uses that may conflict with agricultural 21 activities. Accommodation tools were identified as potential options that 22 assist the farming industry through various incentives that neither reduce nor 23 add density to the agricultural areas. 24 25 5. The Agricultural Strategic Plan contains a number of priority tasks, one of 26 which is "Parcel Reconfiguration tool development" which was intended to 27 allow the reconfiguration of parcels within and across ownership, to place the 28 existing development potential in areas that are the least valuable as farm 29 land; accommodating existing development potential in a manner that better 30 fits with the farming operation. 31 32 6. A Project Review Team consisting of County staff, Agricultural Advisory 33 Committee (AAC) representatives, and a Whatcom Farm Friends 34 representative met throughout the process with assistance from BERK 35 Consulting to review objectives and draft documents. Meeting dates were: 36 February 15, April 12, May 10, and July 26, 2012. This team continued to 37 meet without the assistance from BERK Consulting as a subcommittee of the 38 AAC. 39 40 7. A Determination of Nonsigificance (DNS) was issued under the State 41 Environmental Policy Act (SEPA) on August 23, 2012. 42 43 8. The preliminary project plan was posted on the county website on March 6, 44 2012, updated periodically, with draft alternative code amendments added 45 on March 27, 2012 and subsequently updated. 46 Page 2 558 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 9. A Focus Group meeting conducted by BERK Consulting was held on March 5, 2012 with nine experts in Whatcom County agricultural land use, development, and financing to brainstorm how parcel reconfiguration could work to allow rearrangements of parcels (within and across ownership) to place the existing development potential in areas that are the least valuable as farmland, in a manner that benefits the County and the landowner and is consistent with other state and local priorities. 10. A Public Open House concerning the project and draft alternatives was held at Cornwall Church on May 3 at 6:30 PM, with notice posted on the County website and sent to citizen, media and other groups on the County's e-mail list on April 19, 2012. 11. A document entitled "Situation Assessment: Incentives for Commercial Agriculture: Parcel Reconfiguration" (Situation Assessment) identifying the current conditions, parcel reconfiguration objectives, key issues, recommendations, public process, draft code amendments, and analyzing Growth Management Act and Hearings Board cases and other jurisdictional examples was published on May 31, 2012 by BERK Consulting and posted on the County website on June 8, 2012. 12. The Situation Assessment contains a list of principles used to help guide the parcel reconfiguration work program: • Increase the long-term viability of agriculture while recognizing underlying economic realities. • Provide more flexibility/incentives for homes, placed with the least impact to agricultural operations. • Reduce potential conflicts with neighbors. • Ensure parcel reconfiguration tools are "density neutral." • Overarching principles should drive the regulations (e.g. equal to or better than...). • Honor and protect property rights and values to help farmers stay in business. 13. Notice of the subject amendment was submitted to the Washington State Department of Commerce on June 7, 2012. 14. The Planning Commission held a work session on July 12, 2012 to discuss the Agricultural Strategic Plan, including background information and all priority tasks. Notice was posted on the County website, and was sent to citizen, media and other groups on the County's e-mail list on June 27 and on July 5, 2012. 15. A Code Development Technical Workshop open to the public was held on July 16, 2012 to further discuss proposed code amendments, with notice posted on the County website and sent to citizen, media and other groups on the Page 3 559 1 County's e-mail list on June 27 and on July 10, 2012. 2 3 16. The Planning Commission held work sessions on August 9, 2012, November 4 15, 2012, January 24, 2013, and February 14, 2013, to discuss the Parcel 5 Reconfiguration tool and draft code amendments. Notice of these meetings 6 was posted on the County website, and was sent to citizen, media and other 7 groups on the County's e-mail list prior to the meetings in accordance with 8 general practices. 9 10 17. A Supplemental Analysis and Recommendations document was published on 11 August 31, 2012 to provide updated information following the publication of 12 the "Situation Assessment: Incentives for Commercial Agriculture: Parcel 13 Reconfiguration" prepared by BERK Consulting. The Supplemental Analysis 14 was posted on the County website on September 20, 2012. 15 16 18. The Planning Commission held a public hearing on the subject amendment 17 on October 25, 2012. Notice of the Planning Commission hearing was sent to 18 the county email list which includes City representatives from Lynden, 19 Ferndale, Everson, Nooksack and Sumas; citizens; media; and other group 20 representatives on October 4, 2012. Notice of the Planning Commission 21 hearing for the subject amendment was posted on the County website on 22 October 17, 2012. Notice of the Planning Commission hearing for the subject 23 amendment was published in the Bellingham Herald on October 12, 2012. 24 25 19. The Planning Commission held a second public hearing on the subject 26 amendment on February 28, 2013. Notice of the Planning Commission 27 hearing was sent to the county email list which includes City representatives 28 from Lynden, Ferndale, Everson, Nooksack and Sumas; citizens; media; and 29 other group representatives on February 20, 2013. Notice of the Planning 30 Commission hearing for the subject amendment was posted on the County 31 website on February 19, 2013. Notice of the Planning Commission hearing for 32 the subject amendment was published in the Bellingham Herald on February 33 17, 2013. 34 35 20. The Whatcom County Council held Committee work sessions on the subject 36 amendment on March 26, April 9, May 7, May 21 and June 18, 2013. 37 38 21. In order to approve the zoning amendment, the County must find that it is 39 consistent with the Growth Management Act (GMA). Additionally, the County 40 must find that the zoning amendment is consistent with and implements the 41 Whatcom County Comprehensive Plan. 42 43 22. The GMA (RCW 36.70A.020) lists thirteen planning goals to guide the 44 development and adoption of comprehensive plans and development 45 regulations. The proposed amendments reflect a balance of these planning 46 goals; primarily: (2) Reduce sprawl, (6) Property rights, (7) Permits, (8) Page 4 560 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 Natural resource industries, (10) Environment, and (11) Citizen participation and coordination. 23. The GMA (RCW 36.70A.030) contains a definition for "agricultural land" meaning "land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production." 24. The GMA guides the adoption of development regulations to assure the conservation of designated agricultural, forest, and mineral lands of long- term commercial significance. Both the GMA and Washington Administrative Code (WAC) offer specific guidance: • Development regulations must assure the conservation of agricultural lands (RCW 36.70A.060). • Natural resource uses have preferred and primary status in designated natural resource lands. Counties and cities must determine if and to what extent other uses will be allowed. If other uses are allowed, counties and cities should consider using innovative land management techniques that minimize land use incompatibilities and most effectively maintain current and future natural resource lands (WAC 365-190-040). • Regulations for the conservation of natural resource lands may not prohibit uses legally existing on any parcel prior to their adoption (RCW 36.70A.060). • Development regulations must assure that the planned use of lands adjacent to natural resource lands will not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands (RCW 36.70A.060). • Counties and cities are encouraged to use a coordinated program that includes non -regulatory programs and incentives to supplement development regulations to conserve natural resource lands (WAC 365- 196-480). 25. The GMA (RCW 36.70A.177) encourages counties to consider use of innovative zoning techniques designed to conserve agricultural lands and encourage the agricultural economy, and requires accessory uses to be limited according to the section. 26. Consultant attorney review concluded that the GMA provides some flexibility Page 5 561 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 for the County to allow landowners to vary from minimum lot sizes in individual cases, as long as: • The County provides appropriate standards with reasonable limits that protect rural character (such as siting criteria that are consistent with the County's definition for "rural character") and that conserve agricultural lands; • The County does not allow the overall pattern of lot sizes and densities to be materially changed, to the detriment of rural character or agricultural conservation; and • Where appropriate, the County requires compensating areas to be set aside and permanently dedicated to agricultural or open space uses. 27. Whatcom County Comprehensive Plan Goal 8A is to: Conserve and enhance Whatcom County's agricultural land base for the continued production of food and fiber. Additionally, the following policies are relevant to the proposed amendments: Policy 8A-4: Discourage conversion of productive agricultural land to incompatible nonagricultural uses. Policy 8A-6: Prioritize agricultural activity in land use decisions when land is composed of prime and/or productive agricultural soils and agriculture is the highest value resource use. Policy 8A-7: Establish flexibility in land use plans and regulations to encourage maintenance of the productive agricultural land base. Policy 8A-12: The Agricultural Advisory Committee shall advise the Whatcom County Executive and Council on agricultural issues and agricultural land use. Whatcom County shall support the Agricultural Advisory Committee with staff and other resources. The proposed amendment developed through the recommendations of the County Agricultural Advisory Committee prioritizes agricultural activities while providing land owner flexibility and recognizing existing legal lots. 28. Whatcom County Comprehensive Plan GOAL 8C is to: Preserve and enhance the cultural heritage that is related to agriculture. Additionally, the following policies are relevant to the proposed amendments: Policy 8C-1: Find ways for retiring farmers to pass their farms on to their children and for young farmers to be able to afford to buy productive farmland. Page 6 562 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 Policy 8C-2: Identify, preserve, and enhance community character, landscape, and buildings associated with agricultural activity. Policy 8C-3: Involve those who actually are engaged in agricultural activities in the planning process. Utilize groups working effectively with the agricultural community to help preserve and/or create a sustainable economic agricultural base. Policy 8C-4: Support the continuation of owner occupied/family owned farms. The proposed amendment responds to public input from farmers, agricultural land owners, and the public by providing opportunities for smaller lot sizes that may be easier to finance for farming purposes while allowing existing residential development potential in a way that is minimally disruptive to the agricultural activities. 29. Whatcom County Comprehensive Plan GOAL 8D is to: Reduce land use conflicts between Whatcom County's agriculture and non-agricultural landowners. Additionally, the following policies are relevant to the proposed amendments: Policy 8D-1: Work to reduce conflicts between incompatible agricultural activities by establishing zoning regulations which protect productive agricultural lands of long-term commercial significance from conversion to non -compatible uses. This zoning should recognize the diversity of agricultural landowners and agricultural land uses. This zoning should provide flexible regulations, which encourage all agricultural landowners to maintain the productive agricultural land base while protecting them from conflicting uses. Policy 8D-6: Support agricultural activity in mixed farm/rural residential areas, with the understanding that certain farm practices may conflict with other neighboring rural land uses. The proposed amendment provides a flexible alternative to larger -lot residential development in a manner that encourages the conservation of the productive agricultural lands. CONCLUSIONS 1. The subject amendments comply with the Growth Management Act. 2. The subject amendments are consistent with and implement the Whatcom County Comprehensive Plan. Page 7 563 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 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom County Code is hereby amended as shown in Exhibit 1. BE IT FURTHER ORDAINED that if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional; such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this code and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. ADOPTED this day of , 20 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor Page 8 Kathy Kershner, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 564 EXHIBIT 1 PROPOSED CODE AMENDMENTS: PARCEL RECONFIGURATION February 28, 2013 Chapter 20.40 AGRICULTURE (AG) DISTRICT........................................................3 20.40.010 Purpose............................................................................................................................................3 20.40.250 Division or Modification of Parcels..................................................................................................3 20.40.251 Minimum Lot Size........................................................................................................................5 20.40.252 Minimum lot width and depth.....................................................................................................6 20.40.253 Farmstead or Reconfigured Parcel Minimum Lot Size Exceptions..............................................6 20.40.254 Separation of the Farmstead Parcel Criteria: .............................................................................. 6 20.40.255 Consolidation of Adjacent Tracts...............................................................................................10 20.40.256 Establishing Intent..................................................................................................................... 10 20.40.350 Building setbacks...........................................................................................................................10 20.40.450 Lot coverage................................................................................................................................... 10 20,40.650 New or Modified Parcel Siting Criteria..........................................................................................10 Chapter 20.80 SUPPLEMENTARY REQUIREMENTS.............................................12 20.80.210 Minimum setbacks......................................................................................................................... 12 20.80.255 Agriculture District......................................................................................................................... 14 Chapter 20.83 NONCONFORMING USES AND PARCELS.....................................15 20.83.110 Reduction of area...........................................................................................................................15 Chapter 21.01 GENERAL PROVISIONS................................................................16 21.01.010 Title................................................................................................................................................ 16 21.01.020 Purpose.......................................................................................................................................... 16 21.01.030 Authority........................................................................................................................................ 16 21.01.040 Applicability and exemptions.........................................................................................................16 21.01.100 Applications required.....................................................................................................................17 Chapter 21.03 EXEMPT LAND DIVISIONS, BOUNDARY LINE ADJUSTMENTS, AND AGRICULTURAL PARCEL RECONFIGURATIONS...................................................18 21.03.010 Purpose..........................................................................................................................................18 21,03.020 Exemptions....................................................................................................................................18 1 Prepared by BERK & Whatcom County PDS staff February 28, 2013 565 21.03.030 Pre-approval..................................................................................................................................18 21.03.040 Certificate of exemption................................................................................................................18 21.03.045 Required disclosures......................................................................................................................19 21.03.050 Access on state highways..............................................................................................................19 21.03.060 Boundary line adjustments and Agricultural Parcel Reconfigurations..........................................19 21.03.070 Inactive applications......................................................................................................................21 21.03.080 Requirements for a fully completed exempt land division application.........................................22 21.03.085 Requirements for a fully completed boundary line adjustment or agricultural parcel reconfigurationapplication............................................................................................................................22 21.03.090 Original drawing............................................................................................................................. 23 Chapter 21.04 SHORT SUBDIVISIONS................................................................24 21.04.010 Purpose..........................................................................................................................................24 21,04.180 Agricultural short plat....................................................................................................................24 Chapter 20.97 DEFINITIONS..............................................................................26 20.97.132 Farmstead parcel...........................................................................................................................26 20.97.133 Farmstead home site.....................................................................................................................26 2 Prepared by BERK & Whatcom County PDS staff February 28, 2013 566 Chapter20.40 AGRICULTURE (AG) DISTRICT Sections: 20.40.010 Purpose. 20.40.050 Permitted uses. 20.40.100 Accessory uses. 20.40.130 Administrative approval uses. 20.40.150 Conditional uses. 20.40.200 Prohibited uses. 20.40.250 .Division or modification of 20.40.350 Building setbacks. 20.40.450 Lot coverage. 20.40.650 ^eveleep,nent New or modified parcel siting criteria. 20.40.651 Landscaping. 20.40.652 Drainage. 20.40.662 Use of natural resources. 20.40.010 Purpose. The primary purposes of this district are to implement the agricultural designation of the Comprehensive Plan, established pursuant to RCW 36.70A.170, preserve, enhance and support the production of food and fiber in Whatcom County, to maintain a sufficiently large agricultural land base to ensure a viable agriculture industry and to maintain the economic feasibility of supporting services. Whatcom County supports agricultural activities as the highest priority use in the Agriculture District, with all other uses being subordinate to agricultural activities. Whatcom County seeks to minimize conflict with surrounding zoning districts, in conjunction with Chapter 14.02 WCC, Right to Farm. In order to limit the further fragmentation of the commercial agricultural land base, the Agriculture District includes smaller areas of land with poorer quality soils or nonagricultural uses, which do not meet the definition of agriculture lands of long-term commercial significance. A secondary purpose of this district is to serve as a holding district when located within the urban growth area Comprehensive Plan designation to allow agricultural uses in the near term while protecting the area from suburban sprawl and preserving the potential for future urban development consistent with the protection of the resource land. (Ord. 2009-071 § 2 (Exh. B), 2009; Ord. 2005-079 § 1, 2005; Ord. 2001-020 § 1 (Exh. 1 § 1), 2001). 20.40.250 Division or Modification of Parcels. 3 Prepared by BERK & Whatcom County PDS staff February 28, 2013 Comment [skill. Moved to .251 Comment [slk]2]: Moved from .251 Comment [slk]3]: Moved to.252 567 (2) All divisions ef land in the AgFieultuFe DiStFiGt shall proceed in aeeeFdance with the local aAd state subdevosign laws-. (3)13aundaFy line adjustments shall not make a Int milastandard eF funher substandaFel, except as pFevided is the intent of this section to allow divisions which benefit the long-term viability of agriculture. This section describes the requirements for division or modification of parcels within the agricultural district that either are consistent with the minimum lot size, or would result in substandard parcels or make existing substandard parcels further substandard. Requests for land division, boundary line adjustment, or agricultural parcel reconfiguration in the Agriculture District shall be made on forms provided by the department and will be reviewed administratively. An additional applicatieR, deemed sufficient to initiate subdivision er beundaFy line adjustment Feview by planning and development serviees, rAust be submitted within 24 rnoi#hs of the administrative appFaval giranted PUFSwant to this section.- All divisions must comply with the following provisions: (1) Agricultural Divisions. & divisions of land in the Agriculture District shall proceed in accordance with the Comment [slkl4]: Moved from above - old 20.40.250(2). (2) Allowable Density. No division&, boundary line adjustments, nor agricultural parcel reconfiguration shall result in an increase in allowable density_ (32) Additional Acreage. Additional acreage gained through a boundary line adjustment or agricultural parcel reconfiguration shall not be considered in the total acreage calculations for determining density, ­,,ad (43) Plat Restrictions. The following plat restriction is required, prior to recording, on the nonresidential lot of all divisions of land provided for in WCC 20.40.254(2)232: No further division or residential structure shall be allowed on this parcel until and unless and until changes in the zoning of this property occur consistent with State and local laws which would result in additional development density, in which case this restriction shall be null and void, and density and uses of the new zone shall apply to the property upon review by the Whatcom County zoning administrator. (54) Deed Restrictions. Deed restrictions are required for all boundary line adjustments or agricultural parcel reconfigurations allowed under WCC 20.40.254(3) and (4)=^.^-o (a)_ The following language must be recorded separately and placed by reference of auditors file number on the deed, and placed on the tract map of the nonresidential portion of the adjusted parent parcels prior to recording: The development density of the original parcel (parent parcel) remains with legal description . The (# of acres) appended through boundary line adjustment )or agricultural parcel reconfiguration) to legal description (receiving parcel) shall not be included in calculations to determine total development density for the receiving parcel. '-5' Maximum L n+ gize Exceptions. T4.e inel„sien o the farmstead heme site PaFeel does net exeeed thFee aeFes, and if any of the fellewin existing agFOGUItUFal StFUetWe(s) within the falcmstead hame site paFeel shall be allowed i Prepared by BERK & Whatcom County PDS staff February 28, 2013 a:aj-(b) The following deed restriction IanRuaRe must be recorded separately and placed by reference of auditors file number on the deed, and is required when there is no additional means to further subdivide the property due to the parcel sizes and density standards of this zone: No further division or residential structure shall be allowed on this parcel unless and until changes in the zoning of this property occur consistent with State and local laws which would result in additional development density, in which case this restriction shall be null and void, and density and uses of the new zone shall apply to the property upon review by the Whatcom County zoning administrator. 20.40.251 Minimum Lot Size. meets the standards contained in WCC.20.40.253, .254, and .650, as applicable. Comment [sIk15]: Moved from.252(i) Parcel Minimum Lot Size Mlnimum Lot Size Exceptions Conventional Parcel 40 acres Reconfiguring existing nonconforming parcels Farmstead Parcels Created through Agricultural Short Subdivision or Agricultural Boundary Line Adiustment Farmstead Parcel — Parent Parcel with 1 acre Up to 3 acres pursuant to WCC 20.40.253 Existing Farmstead with public water (1),(2) & (4) Farmstead Parcel — Parcel with Existing Farmstead without public water 2 acres Up to 3 acres pursuant to WCC 20.40.253 (1) (4) Farmstead Parcel — Parent Parcel without Existing Farmstead 1 acre Up to 2 acres pursuant to WCC 20.40.253 (1) with public water Farmstead Parcel — Parcel without Existing Farmstead without 2 acres Up to 3 acres pursuant to WCC 20.40.253 (1).(2) & (3) public water Parcels Created Through Agricultural Parcel Reconfiguration Reconfigured Parcel - reconfiguration with 1 acre N/A public water Reconfigured Parcel - reconfiguration 1 acre Up to 2 acres pursuant to WCC 20.40.253 without public water (1),(2) & (3) Prepared by BERK & Whatcom County PDS staff February 28, 2013 569 Parcels Created for Agricultural Purposes Only Created Parcel with deed restriction for no 10 acres N/A residential buildings 20.40.252 Minimum lot width and depth. 11) For parcels created consistent with the minimum lot size: The minimum length to width ratio is €lye fe 11 5. The terms length" and "width" refer to the averse length aaO average wi hQf.the parcel. Comment [slkl6]: Movedfrom.25o(i)(a) (2) For lots created or rearranged pursuant to WCC 20.40.254, the following lot width and depth shall apply: Minimum Width at Street Line Minimum Width at Bldg. Line Minimum Mean Depth 70' A 80, 100, [A] Applies only to land divisions or parcel reconfigurations where the Parcel(sl does not contain a farmstead homesite at the time of the application. 20.40.253 Farmstead or Reconfigured Parcel Minimum ILot Size Exceptlons _ Comment [slkl2]: Moved from .2s2 The base maximum for the farmstead parcel shall be consistent with the minimum lots size in 20.40.251, except as follows: (1) A greater area is determined necessary by the health officer pursuant to Chapter 24.05 On -Site Sewage System Regulations• (2) A greater area is determined necessary by the responsible official to accommodate a driveway or other access necessary for the farmstead parcel; (3) For farmstead parcels without public water: Unless substantial evidence is provided by the responsible official indicating the location is not feasible, wells and wellhead protection zones shall also be located within the farmstead parcel. Wells located outside of the farmstead parcel area shall be sited to minimize potential impacts on agricultural activities. 4) For farmstead parcels with existing farmstead homesites: here is an existing agricultural structures within the farmstead parcel and any of the following criteria are met) _� Comment [slkl8]: Moved from .252 (was (2)(b)(iv) in lastdraft) (a) The separation between the agricultural structure(s) and the primary residential structure is less than 150 feet; or (b) Current use of the agricultural structure(s) is not related to an agricultural activity; or (c) There is a low potential for future use of the agricultural structure(s) to be associated with an agricultural activity due to physical condition or compatibility with agricultural practices; or (d) Water is not available for use at the agricultural structure(s). 43 LO.40.254 Separation of the Farmstead Meme-Site-Parcel. Criteria: L11 The maximu m lot size criteria for approval for the "^,,m.,«s'.^farmstead parcel and remainder parcel created through Agricultural Boundary Line Adjustment, Agricultural Short Subdivision and Agricultural Parcel Reconfiguration shall be a lithe following GFiteFia fGF appffivg: Prepared by BERK & Whatcom County PDS staff February 28, 2013 570 (a) -_The area of the parcel containing the farmstead home site, whether the home exists or is to be added, is limited to the minimum amount required to encapsulate structures, parkin areas, reas, driveways, septic systems, wells, and landscaping required setbacks; and (b) The farmstead parcel size shall be as stated in WCC 20.40.251less than ene ar.Fe, unless the existing residential structure(s) and/or well and septic constraints require a larger parcel, but shall not exceed thFee aim the maximum lot size consistent with the exceptions in WCC 20.40.253; and (4cLThe farmstead parcel and farmstead home site meet the siting criteria contained in WCC 20.40.650; and (d) A remainder parcel shall be created equal to or greater than 10 nominal acres; and (se) The remainder parcel shall have no existing residential development and no development rights, and a condition containing the language as provided in WCC 20.40.250 4 or 5 3{31 shall be included on the short plat, boundary line adustment, or agricultural parcel reconfiguration for the remainder parcel prior to final approval; and (df) The applicant and his or her heirs provide right of first purchase for a period of not less than 60 days through deed restriction to the original purchaser and subsequent purchasers of the remainder parcel for purchase of the farmstead heme site parcel before they are offered on the open market; and (eg) A right to farm disclosure statement as provided for in WCC 14.02.040(B) will be signed by the farmstead "^„o.,,ss'W^ ap rcel owner and subsequent purchasers of the farmstead4wme-Ae parcel, and recorded as per WCC 14.02.040(A)(1) and 14.02.050; and (€h) All land division shall comply with the appropriate map and recording provisions of WCC Title 21; and (gi) The overall submittal shall comply with WCC 20.40.250 et seq. {2}(2) Agricultural Short Subdivisions. Agricultural Short subdivisions for the purpose of reducing the acreage below the minimum lot size as provided by WCC 20,40.251 for a farmstead homesite shall comply with the following provisions: l(a) The minimum parcel size is the area necessary to accommodate a house site which meets the applicable dimensional requirements of all applicable code and provides a remainder (appended) parcel equal to or greater. than 10 nominal acres; an W The short subdivision application shall meet the size and performance standards of WCC 20.40.650. (3) Boundary Line Adjustments. Boundary line adjustments for the purpose of reducing the acreage below the minimum lot size as provided by WCC 20.40.251941 of an existing or proposed farmstead home site parcel if such boundary line adjustment complies with the following provisions: (a) (Boundary line adjustments shall not make a lot substandard or further substandard, except as provided for in WCC 20.40.251 a^d"�0."^i5-2.1 (b)_The minimum parcel size is the area necessary to accommodate a house site which meets the applicable dimensional requirements of all applicable codes and provides a remainder (appended) parcel equal to or greater than 10 nominal acres; and 7 Prepared by BERK & Whatcom County PDS staff February 28, 2013 Comment [slkl9]: Repeated from existing code .252(2)(a) Comment [slkllo]: Moved from old 20.40,250(3). 571 (cb) The farmstead h^�'t^ parcel and boundary line adiustment application shall meet the size and performance standards of WCC 20.40.250 and 251, and the siting criteria of WCC 20.40.650. (4) Agricultural Parcel Reconfiguration: Parcels are reconfigured and finalized according to the agricultural parcel reconfiguration process established in Chapter 21.03, Exempt Land Divisions, Boundary Line Adiustments, and Agricultural Parcel Reconfigurations, and when meeting the following performance standards: (a) Existing parcels to be aessreconfiguredgre: i Smaller than ^ aGFe, unless the site, stin St. ,.t„ and/or well and septic constra reqUiFe ^'aFgeF paFeel but shall Rat exceed thFee RGFe^^'the minimum lot size established for new lots in the Agriculture district. Parcels which meet the minimum lot size may be ad lusted as a part of this process, provided the reconfiguration meets the provisions of (4)(b) below; (c) The appended paFGel shall have no development FightS and g- condition containing the language as pFo ided in WCG 20.40.251(4) shall be induded on the deed fOF the appended parcel -ts-final appreaal; @A paFeel foF purchase of the farmstead herne site paFeel befoFe they are offered on the open Market; an4 parcel, and .deda FWG 9A A7 AAn/Ally\and 9A01% n7afA .. (f) All land divisloR shall eamply with the appffipriate Fnap and FeeoFding provisions of WCC Title _r al (g) Thee all submittal shall plywith WGC 79nn')cn et (3) The division is to allow feF the Feakation of a seGUFity interest enteFed into foF the PUFPOSe 0 fi..anG n a ., house; P „ided that the divided parcel gh^ll ^9t_I3e sold separately the event {4}(ii) Determined to be legally created and buildable_ pursuant to WCC Title 21.01.180. (b) Proposed parcel(s) results in the following: (il No additional parcels: and (ii) A remainder parcel shall be created equal to or greater than 10 nominal acres; and (iii) The siting criteria of WCC 20.40.650 are met and development standards of WCC 20.40.252 et seq. are met; and (iv) The reconfiguration shall result in achieving four (4) or more of the identified agricultural - related purposes as follows: (A) Expand the amount of commercially viable resource land under contiguous single ownership; and/or (B) Protect and buffer designated resource lands; and/or Prepared by BERK & Whatcom County PDS staff February 28, 2013 572 (C) Reduce impervious surfaces, such as by reducing the amount of road and utility construction required to serve reconfigured lots, or by reducing the amount of impervious area for nonagricultural uses that could otherwise occur without parcel reconfiguration; and/or (D) Reduce the total number of lots of record through voluntary consolidation; and/or (E) Produce a farm management plan approved through the Whatcom Conservation District or WA Department of Agriculture that demonstrates increased viability of the agricultural operation through the agricultural parcel reconfiguration; and/or (F) Enable improved floodplain management in cooperation with Whatcom County Public Works; and (viii) Reconfigured lots shall not be further adjusted by boundary line adjustment without approval under this section. (c) The responsible official may impose conditions, consistent with Whatcom County Code, on the agricultural parcel reconfiguration to further the purposes of this section, (d) Parcel reconfigurations will be tracked by County Planning and Development Services so the procedure can be adaptively managed by review of all proiects passed per this code in year 2017. (5) Public Facility. The division is for the purpose of public facilities for health and safety use or expansion of such uses pursuant to WGG 29 40 2%1; provided, that: (a) _The division or boundary line adjustment will not adversely affect the surrounding agricultural activities; and (b) _The applicant has demonstrated to the administrator's satisfaction that the siting of the proposed use cannot be located in an adjacent zoning district or alternative site, if the area is intensively farmed. ,252 (6) Division or Boundary Line Adjustment for Agricultural Purposes Only. Lots smaller than the minimum lot size of WCC 20.40.251 may be created through land division or re -arranged through a boundary line adjustment provided the following: (a) The parent parcel does not contain an existing residence, or said existing residence will remain on a parcel larger than 40 acres in size; and (b) The parcel created is greater than 10 acres or is appended to another parcel; and (c) There is a properly executed deed restriction which runs with the land on lots which have been created through the division or modified by the boundary line adjustment, except those lots at or over 40 acres in size that maintain an associated development density, Such deed restriction shall be substantially similar to that listed under 20.40.250(5), approved by the zoning administrator and recorded with the County Auditor specifying: (i) All land divided or parcels adjusted are to be used exclusively for agricultural or flood management purposes and specifically not for a dwelling(s), and (ii) All land divided or parcels adiusted shall have no residential density, and (iii) For land divisions, the acreage of the newly created parcels shall not be included in calculations to determine total development density in the future, and Prepared by BERK & Whatcom County PDS staff February 28, 2013 573 (tv) For boundary line ad)ustments, the acreage of the newly created parcel and appended Portion shall not be included in calculations to determine total development density in the future. 20.40.255 Consolidation of Adjacent Tracts. Consolidation of adjacent tracts in the same ownership shall be required in accordance with 20.83.070 in approval of any subdivision, short subdivision, agricultural parcel reconfiguration, or boundary line adjustment in the Agricultural District. The County may waive the permit fee for a boundary line adjustment or agricultural parcel reconfiguration where adjacent lots of record are not in the same ownership and are consolidated voluntarily for purposes of the agricultural parcel reconfiguration, or boundary line adjustment. —154-20.40.256 Establishin¢ Intent. The burden of establishing intent in and legal proceeding relating to a transaction accomplished or proposed under the authority ofthis section shall be upon the land owner or purchaser. 20.40.350 Building setbacks. Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements). Building setbacks for parcels of less than five nominal acres shall be administered pursuant to WCC 20.80.'0�250. 20.40.450 Lot coverage. No structure or combination of structures, including accessory buildings, shall occupy or cover more than 25 percent of the total area of the subject parcel. Exceptions to the maximum lot coverage may be allowed when any of the following can be demonstrated: (1) Proposed structures, in excess of the allowed maximum lot coverage, are located on lesser quality soils. (2) Proposed structures in excess of the allowed maximum lot coverage support additional agricultural production on parcels other than the subject parcel. (3) Expansion of facilities that were in operation prior to the adoption of the ordinance codified in this section if it can be demonstrated that substantial on -site investment has been made and location of additional structures off -site would cause an economic hardship to the farm operation. 20.40.650 9evefepnaenffiNew or Modtfted Parcel Siting Criteria The location of vacant farmstead parcels or parcels arranged through agricultural parcel reconfiguration (which mayor may not be vacant) shall be consistent with the following siting criteria. and standards: (1) Minimum Lot Size. Parcels shall be consistent with WCC 20.40.251. (2) Parcel Design. Parcels shall be located and arranged to provide the maximum protection of agricultural land located both on and off -site. Parcel design and development shall be as follows: (a) The residential parcels shall be configured so that property lines are immediately adiacent and physically contiguous to each other. A maximum of two development areas containing no more than four (4) lots may be allowed. The two development areas shall contain no more than a total of six lots, and shall be separated by a minimum of 500 feet to minimize the visibility ofthe future development and reinforce the purposes of the zone; provided that reductions in the separation standard by up to 10% are allowed if an applicant can demonstrate that the future 10 Prepared by BERK & Whatcom County PDS staff February 28, 2013 574 development visibility from the public right of way or from neighboring properties is minimized and the purposes ofthe parcel reconfiguration in Section 254(4)(b)(iv) are met; and (b) Residential parcels shall be located as close as possible to existing public roads, or if none abut the property then to existing access roads. New road or driveway development shall be avoided to the maximum extent feasible; and (c) Except for parcels that recognize existing farmsteads, residential parcels shall be located to the extent feasible to maximize the remainder lot configuration and farmable area: and (d) Except for reconfigured parcels that recognize existing farmsteads, each reconfigured parcel shall be limited to one single family residence and residential accessory structures; and (e) Residential building sites shall maintain sufficient separation from on -site and off -site agricultural resources and exterior property lines. The setback, lot coverage, and height standards for reconfigured lots shall be as established in WCC 20.40.350 to 450; and (f) Applicants shall verify that reconfigured parcels or farmstead parcels do not prohibit access to a point of withdrawal for any irrigation water rights certificates, claims, permits, or applications on the affected parcels; and (g) All development shall be consistent with WCC Chapter 16.16; and (h) The farmstead parcel or reconfigured parcels avoid prime soils to the extent feasible. Where the site is predominantly in prime soils and such cannot be avoided, the applicant shall demonstrate that: (i) the parcels are sized to be as small as feasible pursuant to WCC 20,40,251; and 0i) located to maximize the agricultural use of the remainder lot; and (iii) achieve the most suitable locations for parcels in terms of minimizing roads, allowing for water availability, and septic suitability. (3) Substitute Parcel Design Standards. Applicants proposing a farmstead parcel or agricultural parcel reconfiguration may propose a substitute performance standard in place of a listed standard in .650 (New or Modified Parcel Siting Criteria) provided that the applicant submits a written justification demonstrating the substitute standard better or equally meets the purposes of the zone in WCC 20.40.010 and the agricultural - related purposes described in WCC 20.40.254(4)(b)(iv); except under no condition shall more than the maximum of six (6) residential parcels with no more than four (4) lots in one development area be allowed. Such substitution shall be considered at the Administrator's discretion. 11 Prepared by BERK & Whatcom County PDS staff February 28, 2013 575 CHAPTER 20.80 SUPPLEMENTARY REQUIREMENTS Sections: 20.80.210 Minimum setbacks. 20.80.230 Measurement of setbacks. 20.80.250 Special setbacks provisions by district. 20.80.252 Rural District. 20.80.255 Agriculture District. 20.80.258 All districts. 20.80.210 Minimum setbacks. (5) Setbacks. For the purposes of this chapter, the road classification used to determine setback requirements shall be as set forth in this section. In the event a particular road is not listed in this section, the department of public works shall determine the classification, which classification shall be based on the Whatcom County Development Standards or such other local, state or federal roadway standards as the department of public works deems appropriate. (a) Setback Requirements of All Districts. (i) No manure lagoon or other open pit storage shall be located closer than 150 feet from any property line, or in a manner which creates any likelihood of ground water pollution or other health hazard. (ii) All manure storage shall be protected from a 25-year flood and shall be located 50 feet from irrigation ditches and waterways, 50 feet from the ordinary high water line of any lake or waterway; provided, that best management practices as determined by the Whatcom County Conservation District are in place. If the best management practices are not in place, 300 feet shall be substituted for 50 feet. (iii) In all districts where a single-family residence is a primary permitted use, a building permit may be issued for the construction of a replacement dwelling on the same lot; provided, that the owner agrees by filing a statement with the building official that the old dwelling will be demolished, removed or converted to another permitted use upon completion of the new dwelling. (iv) A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-foot setback area after approval from the International Boundary Commission. 12 Prepared by BERK & Whatcom County PDS staff February 28, 2013 576 (b) Setbacks Table. Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, 1-5, State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Collectors Streets Streets Minor Arterials 50' 50' 50' 50' 50' 50' 20' 20' 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 and 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, 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, 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. 3. Parcels of less than five nominal acres shall have the following minimum setbacks: Front yards: — Primary arterials and secondary arterials: 45 feet. — Collector arterials: 35 feet. — Neighborhood collectors, local access streets: 25 feet. — Minor access streets: 20 feet. Minimum front yard requirements can be reduced by the zoning administrator for agricultural parcel reconfigurations, boundary line adjustments, or farmstead parcels established through WCC 20.40.253 - .254 if the proposed placement of the structures will result in a better fit with critical areas or prime soils and goes through the approval process in WCC 21.03. In no case shall front yard depth be less than 20 feet. Side yards: minimum side yard setbacks shall be five feet. For agricultural parcel reconfigurations, boundary line 13 Prepared by BERK & Whatcom County PDS staff February 28, 2013 577 adjustments, or farmstead parcels established through WCC 20.40.253 - .254, the exterior side yard and exterior rear yard re_ uirements of habitable structures shall be 30 feet. Rear yards: minimum rear yard setbacks shall be five feet. 4. A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-foot setback area after approval from the International Boundary Commission. sss 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, 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, 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. (3) Parcels of less than five nominal acres shall have the following minimum setbacks: Front Yards: — Primary arterials and secondary arterials: 45 feet. —Collector arterials: 35 feet. — Neighborhood collectors, local access streets: 25 feet. — Minor access streets: 20 feet. Minimum front yard requirements can be reduced by the zoning administrator for agricultural parcel reconfigurations, boundary line adjustments, or farmstead parcels established through WCC 20.40.253 - .254 if the applicant demonstrates better placement of the structures in relation to critical areas or prime soils and goes through the approval process in WCC 21.03, but in no case shall be less than 20 feet, Side Yards: Minimum side yard setbacks shall be five feet. For agricultural parcel reconfigurations, boundary line adjustments, or farmstead parcels established through WCC 20.40.253 - .254, the exterior side yard and exterior rear yard requirements of habitable structures shall be 30 feet. Rear Yards: Minimum rear yard setbacks shall be five feet. (Ord. 2001-020 § 1(Exh. 1 § 2), 2001; Ord. 99-080, 1999). 14 Prepared by BERK & Whatcom County PDS staff February 28, 2013 578 CHAPTER 20.83, NONCONFORMING USES AND PARCELS 20,83.110 Reduction of area. The administrator shall not cause or increase the nonconformity of lots that are substandard as to lot area and/or lot width requirements through boundary line adjustments; provided, however, that the administrator or hearing examiner may approve boundary line adjustments required to satisfy an unidentified or disputed property line or to identify the same in accordance with RCW 58.04.007. In addition, boundary line adjustments or agricultural parcel reconfigurations in the Agricultural zone in conformance with WCC 20 ^n 251 and 20 nn''F'20.40.253-.254 shall be allowed. (Ord. 2009-031 § 1 (Exh. 1), 2009). 15 Prepared by BERK & Whatcom County PDS staff February 28, 2013 579 CHAPTER 21.01 GENERAL PROVISIONS Sections: 21.01.010 Title. 21.01.020 Purpose, 21.01.030 Authority. 21.01.040 Applicability and exemptions. 21.01.050 Interpretation, conflict and severability. 21.01.060 Enforcement and penalties. 21.01.070 Fees. 21.01.080 Administrative responsibilities. 21.01.090 Pre -application meeting. 21.01.100 Applications required. 21.01.105 Consolidated application process. 21.01.110 Complete application. 21.01.120 Time frames. 21.01.130 Underground utilities. 21.01.140 Regulatory authority for development standards. 21.01.150 Repealed. 21.01.160 City urban growth areas. 21.01.170 Hearing examiner consultation with technical advisory committee. 21.01.010 Title. This title shall be known and may be cited as the Whatcom County land division regulations. (Ord. 2009-007 § 1; Ord. 2000-056 § 1). 21.01.020 Purpose. The purpose of this title is: (1) To promote the public health, safety, and general welfare, and to protect the natural resources and the environment. (2) To provide for proper application of Chapter 5817 RCW. (3) To facilitate efficient and cost-effective land division and to ensure orderly growth and development consistent with the Whatcom County Comprehensive Plan and the Whatcom County Code. (4) To establish an orderly transition from existing land uses to urban development patterns in designated urban growth areas. (Ord. 2009-007 § 1; Ord. 2000-056 § 1). 21.01.030 Authority. This title is authorized pursuant to the authority delegated to Whatcom County under Chapter 58.17 RCW, Plats — Subdivisions — Dedications. (Ord. 2009-007 § 1; Ord. 2000-056 § 1). 21.01.040 Applicability and exemptions. (1) This title shall apply to property boundary actions as defined in this title. 16 Prepared by BERK & Whatcom County PDS staff February 28, 2013 M1 (2) The subdivision and short subdivision provisions of this title shall not apply to: (f) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site in accordance with the provisions of this title; (1) Divisions of land into parcels of less than forty acres but greater than ten acres within the area zoned and designated as Agriculture in the Comprehensive Plan for Whatcom County proceeding in accordance with 20.40.254(6). 21.01.100 Applications required. (1) The applicant is encouraged to seek assistance from the subdivision administrator as to which approvals are required for a particular proposal. One or more of the following applications may be required for a particular proposal: (a) Exempt land division; (b) Boundary line (lot line) adjustment or agricultural parcel reconfiguration; (c) Short subdivision; (d) Preliminary long subdivision; (e) Final long subdivision; (f) Subdivision vacations and alterations; (g) Preliminary binding site plan; (h) General binding site plan; (i) Specific binding site plan; (j) Agricultural short plat. (Ord. 2009-007 § 1; Ord. 2000-056 § 1). 17 Prepared by BERK & Whatcom County PDS staff February 28, 2013 581 CHAPTER 21.03 EXEMPT LAND DIVISIONS-ANO, BOUNDARY LINE ADJUSTMENTS, AND AGRICULTURAL PARCEL RECONFIGURATIONS Sections: 21.03.010 Purpose. 21.03.020 Repealed. 21.03.030 Pre -approval. 21.03.040 Certificate of exemption. 21.03.045 Required disclosures. 21.03.050 Access on state highways. 21.03.060 Boundary line adjustments and Agricultural Parcel Reconfigurations. 21.03.070 Inactive applications. 21.03.080 Requirements for a fully completed exempt land division application. 21.03.085 Requirements for a fully completed boundary line adjustment application. 21.03.090 Repealed. 21.03.010 Purpose. The purpose of this chapter is to establish or reference the procedure and requirements for the application, review and approval of exempt land divisions, pursuant to WCC 21.01.040, and -boundary line adjustments, and agricultural parcel reconfigurations. The procedure is intended to provide orderly and expeditious processing of such applications. (Ord. 2009-007 § 1; Ord. 2000-056 § 1). 21.03.020 Exemptions. Repealed by Ord. 2009-007. (Ord. 2004-031 § 1; Ord. 2003-058 Exh. A; Ord. 2003-033 Exh. A; Ord. 2001-027 § 1; Ord. 2000-056 § 1). 21.03.030 Pre -approval. Applicants may request that their proposed exempt land division be reviewed by the subdivision administrator and pre -approved using forms supplied by the planning and development services department. (Ord. 2009-007 § 1; Ord. 2000-056 § 1). 21.03.040 Certificate of exemption. (1) A certificate of exempt land division shall be obtained from the planning and development services department for exempt land divisions under WCC 21.01.040(2)(b) and (k). A certificate of exempt land division shall consist of a suitably inscribed stamp on the instrument conveying land title and shall be certified prior to the recording of the instrument with the county auditor. County review and/or a county certificate of exemption stamp shall not be required for WCC 21.01.040(2)(a) and (c) through (j). (2) A certificate of exempt land division shall be approved, approved with conditions, or denied as follows: (a) Applications shall include information required by WCC 21.03.085. 18 Prepared by BERK & Whatcom County PDS staff February 28, 2013 582 (b) The exempt land division results in a lot(s) that qualifies as a valid land use pursuant to the Whatcom County Code, including but not limited to lot area, lot width, building setbacks, critical areas protection or shorelines protection. (c) The exempt land division will not detrimentally affect access, access design, sight distance, grade, road geometry or other public safety and welfare concerns. (3) An exempt land division is not considered approved until said instrument has been duly stamped as exempt and is filed for record concurrently with all applicable disclosures of WCC 21.03.045 within 12 months of pre -approval. Failure to record within 12 months of pre -approval means the exempt land division application is expired and must be resubmitted for review and approval. The time periods of this section do not include the time during which the exempt land division was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. (Ord. 2009-007 § 1; Ord. 2004-031 § 1; Ord. 2002-017 § 1; Ord. 2000-056 § 1). 21.03.045 Required disclosures. The following disclosures, if applicable, shall be recorded in the county auditor's office and shall be filed concurrently with all conveyances of property subject to this title: (1) Right to farm, right to practice forestry, or mineral resource disclosures. (2) Boundary discrepancies. (3) Protective covenants, conditions and restrictions. (4) Latecomers' agreements. (5) Significant pipeline in vicinity disclosure when the subject property is within 660 feet of a pipeline shown on Map 12, Chapter 5 of the Whatcom County Comprehensive Plan. (Ord. 2009-007 § 1; Ord. 2004-031 § 1; Ord. 2002-017 § 1). 21.03.050 Access on state highways. For parcels that will access onto a state highway, the applicant shall provide evidence of an approved access from the State Department of Transportation prior to approval of the exempt land division. (Ord. 2009-007 § 1; Ord. 2000-056 § 1). 21.03.060 Boundary line adjustments and Agricultural Parcel Reconfigurations. The purpose of this section is to provide procedures for the review and approval of adjustments or alterations to boundary lines of existing lots of record which does not create any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site. (1) Procedures. Boundary line adjustments and agricultural parcel reconfigurations shall be approved, approved with conditions, or denied as follows: 19 Prepared by BERK & Whatcom County PDS staff February 28, 2013 583 (a) Applications shall include information required by WCC 21.03.085. (b) Any adjustment of boundary lines must be approved by the subdivision administrator prior to the transfer of property ownership between adjacent lots. (c) The subdivision administrator shall make a preliminary decision on boundary line or agricultural parcel reconfiguration applications within 45 days following submittal of a complete application or revision, unless the applicant consents to an extension of such time period. (d) A title insurance certificate updated not more than 60 days prior to application, which includes all parcels within the adjustment, must be submitted to the subdivision administrator with boundary line adjustment or agricultural parcel reconfiguration applications. (e) All persons having an ownership interest within the boundary line adjustment or agricultural parcel reconfiguration shall sign the final recording document in the presence of a notary public. (2) Decision Criteria. In reviewing a proposed boundary line adjustment or agricultural parcel reconfiguration. the subdivision administrator or hearing examiner shall use the following criteria for approval: (a) The boundary line adjustment shall not result in the creation of an additional lot. (b) With the exception of those boundary line adjustments or lots within agricultural parcel reconfigurations that recognize an existing farmstead home site located within the agricultural zone, the boundary line adjustment or agricultural parcel reconfiguration shall result in lots which contain sufficient area and dimensions to meet minimum requirements for width and area for a building site pursuant to this title. (c) The boundary line adjustment or agricultural parcel reconfiguration shall be consistent with any restrictions, depictions or conditions regarding the overall area in a plat or short plat devoted to open space, environmental mitigation or conservation. (d) The boundary line adjustment or agricultural parcel reconfiguration shall be consistent with any restrictions or conditions of approval for a recorded plat, short plat, zoning permit, or development permit. (e) The boundary line adjustment or agricultural parcel reconfiguration shall not cause boundary lines to cross on -site sewage disposal systems or their reserve areas, prevent suitable area for on -site sewage disposal systems, or prevent adequate access to water supplies unless suitable mitigation including, but not limited to, the granting of utility easements is provided to the satisfaction of Whatcom County; provided, however, in the agricultural zone only those lots with existing on -site sewage disposal systems or potable water supplies are subject to this provision. (f) The boundary line adjustment or agricultural parcel reconfiguration will not create a new access which is unsafe or detrimental to the existing road system because of sight distance, grade, road 20 Prepared by BERK & Whatcom County PDS staff February 28, 2013 AMA geometry or other safety concerns, as specified in adopted Whatcom County road development standards. (R) The boundary line adjustment or agricultural parcel reconfiguration on lots without an existing farmstead home site shall demonstrate adequate septic and potable water suitability. Applicants shall demonstrate adequate potable water availability per WCC 24.11. Applicants shall demonstrate septic suitability approval pursuant to WCC 24.05. (3) Final Approval and Recording Required. To finalize an approved boundary line adjustment or agricultural parcel reconfiguration, the applicant must submit to the subdivision administrator within one year of preliminary approval final review documents meeting the requirements of approval. (a) All persons having an ownership interest within the boundary line adjustment or agricultural parcel reconfiguration shall sign the final recording document in the presence of a notary public. (b) Certified legal descriptions of the lots after the boundary line adjustment or agricultural parcel reconfiguration, together with conveyance document(s) and language clearly binding the property which is conveyed to the remainder portion of the property, shall be prepared by a title company or licensed surveyor for all lots affected by the boundary line adjustment or agricultural parcel reconfigurations. (c) A title insurance certificate updated not more than 60 days prior to recording of the adjustment, which includes all parcels within the adjustment, submitted to the subdivision administrator with boundary line adjustment or agricultural parcel reconfiguration final review documents. (d) Afinal boundary line or agricultural parcel reconfiguration map, prepared by a licensed surveyor, along with legal descriptions, shall be prepared and submitted for review and approval. Two map copies shall be provided for review demonstrating compliance with the preliminary boundary line adjustment or parcel reconfiguration approval. (e) A boundary line adjustment or agricultural parcel reconfiguration is not considered approved until the conveyance documents have been duly stamped as exempt and is filed for record concurrently with all applicable disclosures of WCC 21.03.045 within 12 months of approval of final documents. Failure to record within 12 months of approval means the boundary line adjustment or agricultural parcel reconfiguration_application is expired and must be resubmitted for review and approval. (Ord. 2009-030 § 1(Exh. 1); Ord. 2009-007 § 1; Ord. 2000-056 § 1). 21.03.070 Inactive applications. An applicant may place an exempt land division, boundary line adjustment, or agricultural parcel reconfiguration application, which has not yet received preliminary approval, on hold for a cumulative maximum of 180 days. This 180-day period shall not include time the applicant is performing studies required by the county when the study is provided within the time frame agreed to by the county and the applicant. Applications which fail to meet these time limits will be considered expired and void. The time periods of this 21 Prepared by BERK & Whatcom County PDS staff February 28, 2013 0 chapter do not include the time during which the exempt land division was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. (Ord. 2009-007 § 1; Ord. 2000-056 § 1). 21.03.080 Requirements for a fully completed exempt land division application. The following, and any other information on a form prescribed by the subdivision administrator, is required for a complete application for exempt land divisions under WCC 21.01.040(2)(b) and (k). (1) Written Data and Fees. (a) Name, address and phone number of land owner, applicant, and contact person. (b)Intended uses. (c) A current title report or update of title report issued no more than 60 calendar days prior to application. (d) Assessor's parcel number (of the parent parcel). (e) Fees as specified in the Unified Fee Schedule. (f) Signature of all owners as shown on title report, and authorization for any agent to act on behalf of owners. (2) Map Data. (a) Name of land owner. (b) Name of proposed land division (if an original drawing is prepared). (c) General layout of proposed land division. (d) Common language description of the general location of the land division. (e) Approximate location and names of existing roads identified as either public or private. (f) Vicinity map. (g) Common engineering map scale/north arrow/sheet numbers (on each sheet containing a map). (h) Section, township, range, and municipal and county lines in the vicinity. (i) General boundaries of the site with general dimensions shown. (j) Legal description of the land. (Ord. 2009-007 § 1; Ord. 2000-056 § 1). 21.03.085 Requirements for a fully completed boundary line adjustment or agricultural parcel reconfiguration application. The following, and any other information on a form prescribed by the subdivision administrator, is required for a complete application. (1) Written Data and Fees. (a) Name, address and phone number of land owner, applicant, and contact person. (b)Intended uses. (c) A current title report or update of title report issued no more than 60 calendar days prior to application. 22 Prepared by BERK & Whatcom County PDS staff February 28, 2013 i• (d) Assessor's parcel numbers of existing parcels. (e) Fees as specified in the Unified Fee Schedule. (f) Signature of all owners as shown on title report, and authorization for any agent to act on behalf of owners. (2) Map Data. (a) Names of land owners. (b) Name of proposed boundary adjustment. (c) Common language description of the general location of the land division. (d) Map at a common engineering scale of boundaries of existing parcels that are contributing to or receiving land from the proposed adjustment. (e) Approximate location and labeling of any disputed or undetermined property lines proposing to be resolved by the adjustment. (f) Clear depiction of property lines proposed for adjustment which identifies existing property lines and proposed property lines. (g) Legal description and area of original parcels. (h) Legal description and area of proposed adjusted parcels. (i) Approximate location and names of existing roads identified as either public or private. (j) Approximate location of existing buildings and existing on -site septic systems. (k) Approximate locations of existing utilities and infrastructure. (1) Vicinity map. (m) Common engineering map scale/north arrow/sheet numbers (on each sheet containing a map). (n) Section, township, range, and municipal and county lines in the vicinity. (a) General boundaries of the site with general dimensions shown. (Ord. 2009-007 § 1). 21.03.090 Original drawing. Repealed by Ord. 2009-007. (Ord. 2000-056 § 1). 23 Prepared by BERK & Whatcom County PDS staff February 28, 2013 587 CHAPTER 21.04 SHORT SUBDIVISIONS Sections: 21.04.010 Purpose. 21.04.031 Pre -application meeting. 21.04.032 Short subdivision application submittal. 21.04.033 Determination of completeness and vesting. 21.04.034 Application procedures. 21.04.035 Final short subdivision review process. 21.04.038 Applications subject to time limits. 21.04.040 Restriction of further division. 21.04.050 Development requirements. 21.04.060 Roads. 21.04.070 Public dedications. 21.04.080 Easements. 21.04.090 Water supply. 21.04.100 Sewage disposal. 21.04.110 Fire protection. 21.04.120 Short subdivision vacation and alteration. 21.04.130 Land survey. 21.04.140 Security. 21.04.150 Requirements for a fully completed application for short subdivisions. 21.04.160 Final review and submittal. 21.04.170 Disclosures and notes. 21.04.180 Agricultural short plat. 21.04.010 Purpose. The purpose of this chapter is to establish or reference the procedure and requirements for the application, review and approval of short subdivisions. 21.04.180 Agricultural short plat. The provisions of WCC 20.40.253 - .2542W provide for the segregation of a farmstead parcel with an existing residence(s) from a remainder parcel used for farming in the Agriculture Zone. The remainder parcel is restricted to agricultural use only. Because no further residential development can occur on the remainder parcel and an existing residential structure is already on the farmstead parcel, many of the standard short plat requirements are unnecessary. Therefore, a shortened review process has been established. Agricultural short plats that qualify under WCC 20.40.253 - .25424-14 shall be subject to the following: 24 Prepared by BERK & Whatcom County PDS staff February 28, 2013 (1) Agricultural short plats that recognize an existing farmstead homesite shall be processed pursuant to all the requirements of this chapter except that the short plat will not be reviewed for compliance with: (a) WCC 21.04.060 (Roads); (b) WCC 21.04.090 (Water supply), when the remainder parcel will not require potable water; (c) WCC 21.04.100 (Sewage disposal); (d) WCC 21.04.130 (Land survey); (e) Chapter 1616 WCC (Critical Areas); and (f) Shoreline master program. (2) Any subsequent development must comply with all applicable codes. (3) Survey Requirements — Partial. A survey, prepared by a professional land survey in accordance with WCC 21.09.010 and 21.09.020, which provides the location of at least two corners of the farmstead parcel shall be submitted. A survey is not required for the remainder parcel that cannot have further residential development. 25 Prepared by BERK & Whatcom County PDS staff February 28, 2013 EEO CHAPTER 20.97 DEFINITIONS Zoning Definitions 20.97.132 Farmstead parcel. The "farmstead parcel" iwludesthatis the legally subdivided portion of the pregertyparent parcel containing an existing or planned Y . ....d...y agFi-. l+ .•al ° and the farmstead home site. (Ord. 2005-073 § 1, 2005; Ord. 2001-020 § 1(Exh. 1 § 3), 2001). 20.97.133 Farmstead home site. The "farmstead home site" includes that portion of the farmstead- arent parcel used for existing or planned residential buildings, uses accessory to residential buildings, drainfields, wells, wellhead protection area(s), established landscaped areas contiguous with the non-agricultural built area, and structures as allowed in WCC 20.40.253'a` +�(ems* (d). (Ord. 2005-073 § 1, 2005). 26 Prepared by BERK & Whatcom County PDS staff February 28, 2013 590 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-300B CLEARANCES In'tial Date Date Received in Council Office Agenda Date Assigned to: Originator: Josh Fleischmann b� 05128113 n j� �� r� t� L._. I LUJ 5/21/2013 P&D Committee Division Flead: Mark Personius � 05128113 6/04/2013 6/04/2013 S COTW Introduction Dept. Read: J.E. ?� 6 18 / 2 013 SCOW` "Sam"Ryan MAY Z 8 2013 g� q ft� �p H A M COUNTY COUNCIL.. Introduction Prosecutor: Karen Frakes Purchasing/Budget: Executive: Jack Louws TITLE OF DOCUMENT.Zoning amendment to allow Packinghouses in the Agriculture Zoning District ATTACHMENTS: 1) Proposed Ordinance 2) Memo to Council 3) Exhibit A — Proposed Code Amendments 4) Exhibit B - Comprehensive Plan Policy 2HH-3 regarding designation of new LAMIRDS S) Exhibit C — Health Department Comment 6) Exhibit D — PowerPoint presentation from May 21 st Planning and Development Committee SEPA review required? ( X) Yes ( ) NO Should Clerk schedule a hearing? (X) Yes ( ) NO SEPA review completed? (X) Yes ( ) NO Requested Date: SUMMA R Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) To allow packinghouses of up to 10,000 square feet as an accessory use, or greater than 10,000 but less than 30,000 square feet as a conditional use. Review criteria include limits on livestock source, adequate services by necessary facilities, an approved and implemented waste management plan, appropriate vehicular approaches, limits on, noxious emissions, and requires avoidance of prime soils to the extent feasible, among other criteria. COMMITTEE ACTION: COUNCIL ACTION.• 5/21/2013: Exhibit A amended and recommended for 6/04/2013: Will be introduced at a later date. Introduction at the next meeting (Joshua Fleischmann to provide an amended ordinance. 6/04/2013: Held in SCOTW 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 591 1 2 3 4 5 6 7 8 9 10 12 13 15 16 17 19 20 22 23 25 26 28 29 30 32 34 35 37 38 40 41 43 44 45 46 47 48 49 50 51 52 PROPOSED BY: SPONSORED BY: BY: INTRODUCTION DATE: ORDINANCE NO. ZONING AMENDMENT TO ALLOW AGRICULTURAL SLAUGHTERING FACILITIES IN THE AGRICULTURE ZONING DISTRICT WHEREAS, an application has been submitted to amend the Agriculture (AG) zoning district to allow the small scale slaughter of local livestock; and WHEREAS, the proposed amendment has been reviewed under the State Environmental Policy Act (SEPA); and WHEREAS, In accordance with RCW 36.70A.106 Whatcom County Planning and Development Services notified the Department of Commerce of the proposed zoning text amendment; and WHEREAS, notice of the Whatcom County Planning Commission hearing on the proposed amendment was published in the Bellingham Herald; and WHEREAS, the Whatcom County Planning Commission held a public hearing on the proposed amendment and considered all testimony; and WHEREAS, the Whatcom County Planning Commission held 3 work sessions on the proposed amendment; and WHEREAS, the Whatcom County Planning Commission forwarded its findings and reasons for action to the County Council; and WHEREAS, the Whatcom County Council has reviewed the Planning Commission recommendation; and WHEREAS, the Whatcom County Council held 3 public hearing on the proposed amendment and considered all testimony; and WHEREAS, the Whatcom County Council held 7 work sessions in the Planning and Development Committee; and WHEREAS, The Whatcom County Council held 1 work session in the Special Committee of the Whole; and WHEREAS, the Whatcom County Council hereby adopts the following findings of fact and conclusions: FINDINGS 1. The proposal is to amend the Agriculture (AG) District portion of the Zoning Code (WCC 20.40), to allow for packinghouses. 2. The proposal has been posted to the County website. Page 1 592 1 3. Notice of the subject amendment was submitted to the Washington State 2 Department of Commerce on June 5, 2012. 3 4 4. Notice of the Planning Commission work session for the subject amendment 5 was posted on the County's website in May 2012. 6 7 5. In order to approve the zoning amendment, the County must find that it is 8 consistent with the Growth Management Act. Additionally, the County must 9 find that the zoning amendment is consistent with and implements the 10 Whatcom County Comprehensive Plan. 11 12 6. The Growth Management Act includes a planning goal to "Encourage 13 economic development throughout the state that is consistent with adopted 14 comprehensive plans, promote economic opportunity for all citizens of this 15 state, especially for unemployed and for disadvantaged persons, promote the 16 retention and expansion of existing businesses and recruitment of new 17 businesses, recognize regional differences impacting economic development 18 opportunities, and encourage growth in areas experiencing insufficient 19 economic growth, all within the capacities of the state's natural resources, 20 public services, and public facilities" (RCW 36.70A.020(5)). 21 22 This proposed zoning amendment would allow for new packinghouses within 23 the agriculture zoning district. Presently, new packinghouses are prohibited 24 within the agriculture zoning district. Staff recognizes the benefit to the 25 agricultural industry this amendment would provide by allowing greater 26 opportunities for farmers to get their product to the end user. The Growth 27 Management Act allows for jurisdictions to implement innovative zoning 28 techniques, which should be designed to conserve agricultural lands and 29 encourage the agricultural economy. This proposed amendment would 30 support planning goal RCW 36.70A.020(5) Economic Development. 31 32 7. The Growth Management Act also includes a planning goal to "Maintain and 33 enhance natural resource -based industries, including productive timber, 34 agricultural, and fisheries industries. Encourage the conservation of 35 productive forest lands and productive agricultural lands, and discourage 36 incompatible uses" (RCW 36.70A.020(8)). 37 38 This proposed zoning amendment would allow for new packinghouses within 39 the agriculture zoning district. Staff recognizes the benefit to the agricultural 40 industry this amendment would provide by allowing greater opportunities for 41 farmers to get their product to the end user. This proposed amendment 42 would support planning goal RCW 36.70A.020(8) Natural Resource 43 Industries. 44 45 8. Consistent with RCW 36.70A.177, this amendment will allow packinghouses 46 within the agricultural zone that will support the agricultural community by Page 2 593 allowing production of value-added agricultural products and will not interfere with the overall agricultural use and character of the County's designated agricultural lands of long-term commercial significance. 9. Policy 8B-1: Promote the expansion and stability of local and regional agricultural economies This proposed zoning amendment would allow for new packinghouses within the agriculture zoning district. Presently, Keizer Meats of Lynden, which operates the only USDA approved facility north of King County Seattle that is open to the general public, has received conditional approval to operate a facility at the location of their approved meat cutting and packing facility on Bob Hall Rd. Approval of this proposed amendment would allow other citizens within the agriculture zoning district to provide slaughtering services to Whatcom County farmers and allow greater opportunities for farmers to generate value-added products and get their product to the end user. 10. Policy 8B-2: Assist Whatcom County's agricultural industry in the pursuit of its long-term economic potential. This should include the development of strategies and policies necessary to reach this potential, in terms of both production and diversity. This proposed zoning amendment would allow for new uses not presently allowed in the agriculture zoning district. Allowing this use may increase production and diversity of livestock by providing greater opportunities for livestock owners to get their product to the end user. 11. Policy 8B-4: Support methods and strategies to market Whatcom County agriculture in ways which ensure that agricultural activities (such as dairying) and entities (such as processors) will remain here in the long term. Allowing new packinghouses within the agriculture zoning district would provide for additional marketing of Whatcom County livestock, as there is presently only one permitted USDA approved facility within any Whatcom County jurisdiction . 12. County -Wide Planning Policy I-S: The county and the cities should include an economic development element in their Comprehensive Plans. Economic development elements should be consistent with the CEDS. Economic development shall be coordinated with environmental concerns to protect the quality of life. Planning efforts should address economic sustainability. As part of the comprehensive planning process and through implementation of the comprehensive plan, the County shall develop and adopt goals, policies and regulations that protect resource land industries and support and encourage resource -based industries. Page 3 594 Approval of this proposed amendment would allow citizens within the agriculture zoning district to provide slaughtering services to Whatcom County farmers and allow greater opportunities for farmers to get their product to the end user. By approving the proposed amendment, comprehensive plan goals and policies and their related development regulations that support and encourage resource -based industries would be implemented. 13. County -Wide Planning Policy I-9: The County and the cities recognize the need for the protection and utilization of natural resources and resource lands including agricultural, mineral, forestry and fishing. As part of a broad based economy, productive timber, agriculture and fisheries industries should be supported in a sustainable manner. Approval of this proposed amendment would allow citizens within the agriculture zoning district to provide slaughtering services to Whatcom County farmers and allow greater opportunities for farmers to get their product to the end user. Approval of this proposal would allow for an increase to the economic base for agricultural products related to livestock. 14. Packinghouses within the Agriculture zone allow for a local, sustainable, humanely raised food supply for the citizens of Whatcom County. 15. Limiting holding pens to that necessary to accommodate animals intended for immediate processing would prevent packinghouse holding pens from becoming feedlots, while allowing each facility the flexibility to adjust their business accordingly. 16. The proposed amendment has not changed substantially from the initial staff proposal that was reviewed through the State Environmental Policy Act (SEPA). The previously issued SEPA Threshold Determination of Determination of Nonsignificance (DNS) is still applicable. 17. The Rural Industrial Manufacturing (RIM) zone is the only zone presently in Whatcom County that provides a permitting pathway to allow for slaughtering facilities paekingheuses and slaughteFhouses. Applicability of land within the RIM zone to a new agricultural slaughtering facility is limited to the I-5 Rural Business RIM zone. 18. According to the 2007 USDA Census of Agriculture, Whatcom County has 95,500 cattle and calves. 19. Keizer Meats, the only USDA approved slaughtering facility in Whatcom County, is limited to slaughtering 2,000 animals per year through their Conditional Use Permit. Page 4 595 1 20. The percentage of livestock operations selling product directly to consumers 2 or retailers is much smaller than that of other agricultural products. 3 4 21. Limited slaughter and processing capacity is often cited as a key barrier to 5 marketing of meat and poultry locally. 6 7 22. The number of slaughter plants has decreased in recent years. 8 9 23. 87 percent of federally inspected facilities combine to process just over 1 10 percent of cattle slaughtered per year. 11 12 24. Lack of nearby slaughter facilities can create logistical impediments to animal 13 slaughter, particularly in being able to transport animals/meat to and from 14 the slaughter plant in a financially practical way. 15 16 25. Given the mismatch between smaller producers and larger plants, many 17 individual producers marketing their meat via niche marketing arrangements 18 must rely on smaller facilities, wherever they are located. Small producers 19 may prefer to use a smaller slaughter and processing facility because a 20 smaller plant is likely to be more flexible in satisfying the producer's 21 individual processing requests. 22 23 26. Sales of food sold via direct -to -consumer marketing have more than doubled 24 over the last decade (USDA/NASS,2007 Census of Agriculture). However, 25 direct -to -consumer and intermediated sales of livestock products have not 26 grown as rapidly as other food categories, despite apparent demand. Local 27 producers continue to perceive a lack of local slaughter capacity as a 28 hindrance in trying to meet growing demand. 29 30 27. Currently, the vast majority of livestock and poultry slaughter in the United 31 States is done in a relatively small number of very large facilities. 32 33 28. New methods for animal slaughter and processing geared toward local 34 markets, for example, mobile slaughter units (MSUs), can help meet some of 35 the need for increased slaughter capacity in localized areas and enable the 36 growth of small livestock producers marketing products to consumers in their 37 region or community. 38 39 29. As part of the review process for the proposed amendments, Planning and 40 Development Services has read numerous background documents including, 41 but not limited to: USDA Layout Guide for Small Meat Plants; University of 42 Wisconsin Cooperative Extension, Pollution Prevention for Small 43 Slaughterhouse and Meat Packing Operations handout; USDA Slaughter and 44 Processing Options and Issues for Locally Sourced Meat; Siskiyou Slaughter 45 Facility Preliminary Feasibility Study & Action Plan; EPA Technical 46 Development Document for the Final Effluent Limitations Guidelines and 47 Standards for the Meat and Poultry Products Point Source Category (40 CFR Page 5 596 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 46 432); Greenfield Advisors Economic, Market and Valuation Analysis; USDA News Release: USDA Identifies Gaps, Releases Maps Which Detail U.S. Local Meat Processing Facilities; USDA slaughter availability to small livestock and poultry producers - Maps. CONCLUSIONS 1. The proposed amendments are consistent with the Whatcom County Comprehensive Plan. 2. The subject amendment serves the public interest by supporting the local agricultural industry. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom County Zoning Code is hereby amended as shown in Exhibit A. BE IT FURTHER ORDAINED that if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional; such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this code and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. ADOPTED this day of , 20 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor Page 6 Kathy Kershner, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 597 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive 3 Bellingham, WA 98226-9097 360-676-6907, TfY 800-833-6384 ��4yIN�'�O? 360-738-2525 Fax Memorandum TO: Whatcom County Council FROM: Joshua Fleischmann, Planner THROUGH: Mark Personius, Long Range Planning DATE: May 28, 2013 J.E. "Sam" Ryan Director Manager L SUBJECT: Packinghouses Zoning Text Amendment, RE: PLN2012-00008 Revised Exhibit A At the May 21s' Planning and Development Committee meeting, Exhibit A, as provided for that meeting, was revised with the following changes: • Criteria that 75% of the animals processed by packinghouses originate from Whatcom or Skagit County. The previous version required that 50% come from Whatcom County. • Criteria requiring an approved state waste discharge permit, industrial stormwater permit, and/or an NPDES permit, if required by the Washington State Department of Ecology. This language was added to the requirement that the facility provide and implement a waste management plan, approved by the Whatcom County Health Department. • An upper limit on the size of packinghouse facilities was set at 30,000 square feet, through the Conditional Use process. • "rhe minimum separation between packinghouses and adjacent property lines shall be 150 feet. Exhibit A, including revisions, is provided with this memo. Criteria from Exhibit B, as provided at the May 21st Planning and Development Committee meeting, which were not incorporated into Exhibit A include: • Limitation on size of holding pens to that necessary to accommodate animals intended for immediate processing. • Criteria that considers presence and proximity to similar existing uses and cumulative impacts within the Agriculture zone. • Criteria that clearly indicates the solid waste handling standards, as administered by the Whatcom County Health Department. • Allowing Packinghouses as an administrative approval use in the AG zone. Questions from Committee At the May 21" Planning and Development Committee meeting, committee members asked staff to provide answers to multiple questions that had come up through discussions with constituents. These concerns/questions include impacts to Drayton Harbor, aquifer recharge, creation of new LAMIRDS, how to determine/enforce "local" requirement • Drayton Harbor includes roughly 6,320 acres of designated Agricultural Lands. This is roughly 7% of the entire County's designated Agricultural land. It should be noted that the only area within Whatcom County where a slaughtering facility could presently locate (RIM zone) is also within the Drayton Harbor watershed. • Protection of critical aquifer recharge areas would be accomplished through the Critical Areas Ordinance. • Designation criteria for new Type III LAMIRDs (isolated new small-scale businesses) are described in Policy 2HH-3 of the Whatcom County Comprehensive Plan. This Policy is included as Exhibit B • The simplest way to determine whether an animal came from Whatcom or Skagit County would be to use the information provided to the USDA as part of their record keeping. While not perfect (as dairy cows may live in Eastern Washington for their first year before coming to Whatcom County for milk production), it would be the most efficient way to track this information. Reporting this information could be a condition on the building permit, though enforcement of this criterion would be difficult for accessory uses, whereas a conditional use or administrative approval use permit could be revoked. At the moment, information on slaughtering facilities in Skagit County has not been obtained. Other Considerations • The criteria for public notice to neighboring properties within 1,000 feet of a proposed packinghouse through the accessory use process may prove troubling. With no the legal authority, or requirement, to consider public comments through the accessory use process, some neighbors may be frustrated that, after receiving notice of a proposed facility, their input is not considered during review. Essentially, this notice let's neighbors know that a packinghouse is being built on the property a little earlier than they would find out by seeing construction equipment on site, but does not enable the zoning administrator to incorporate neighbor's concerns into the design or approval process. • The proposed language within WCC 20.80.255(4) requires the minimum separation between packinghouses and adjacent property lines be 150ft. It was my understanding the impetus for this requirement was a situation where the agricultural zone abuts another zone, such as a city. It may be worth considering that the separation be between packinghouses and non- agricultural zones. If the proposed language is kept, references to new packinghouses in WCC 20.80.255(2) should be removed, as the requirement would be duplicative. 599 County Council — Special Committee of the Whole — June 4, 2013 EXHIBIT A Chapter 20.40 AGRICULTURE (AG) DISTRICT 20.40.100 Accessory Uses .114 Packinghouses, which shall be located, designed, and operated so as to not interfere with the overall agricultural character of the area, provided the following criteria are met: (1) The total allowable building area is no larger than 10,000 square feet. (2) The facility processes at least 50 75_percent agricultural goods produced in Whatcom or Skagit County and that originate from uses permitted in WCC 20.40.051. (3) For purposes of public notice, the applicant shall submit stamped envelopes with typed addresses for each property owner within 1,000 feet of the external boundaries of the subject property as shown by the records of the county assessor. (4) The facility will be serviced adequately by necessary facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and wastewater treatment. (5) The facility shall provide and implement a waste management plan, approved by the Whatcom County Health Department and an approved state waste discharge permit from the Washington State Department of Ecology that complies with WAC 173-216, WAC 173-226 industrial stormwater permit (general permits), and/or an NPDES Permit (RCW 90.48 and WAC 173-220), if required by the Washington State Department of Ecology_ (6) The facility will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. (7) The building shall avoid prime agricultural soils to the extent feasible. Where the site is predominantly in prime soils and avoidance is not feasible, the applicant shall demonstrate that the buildings: a. Are sized to be as small as feasible; and b. Located to maximize the agricultural use of the remaining area; and c. Achieve the most suitable locations in terms of minimizing roads, impervious surfaces, and allowing for water availability and septic suitability. (8) The packinghouse, as identified in WCC 20.97.282.1, 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 •11 County Council — Special Committee of the Whole — June 4, 2013 nuisance, or threaten health or safety, or to unreasonably infringe upon the use of adjacent property. 20.40.150 Conditional Uses .164 Packinghouses, which shall be located, designed, and operated so as to not interfere with the overall agricultural character of the area, provided the following criteria are met: (1) The total allowable building area is larger than 10,000 square feet and no larger than 30,000 square feet. (2) The facility processes at least &@ 75 percent agricultural goods produced in Whatcom or Skagit County and that originate from permitted uses in WCC 20.40.051. (3) The facility will be serviced adequately by necessary facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and wastewater treatment. (4) The facility shall provide and implement a waste management plan approved by the Whatcom County Health Department and an approved state waste discharge permit from the Washington State Department of Ecology that complies with WAC 173-216. WAC 173-226 industrial stormwater permit (general permits), and/or an NPDES Permit (RCW 90.48 and WAC 173-220), if required by the Washington State Department of Ecology. (5) The facility will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. (6) The building shall avoid prime agricultural soils to the extent feasible. Where the site is predominantly in prime soils and avoidance is not feasible, the applicant shall demonstrate that the buildings: a. Are sized to be as small as feasible; and b. Located to maximize the agricultural use of the remaining area; and c. Achieve the most suitable locations in terms of minimizing roads, impervious surfaces, and allowing for water availability and septic suitability. (7) The packinghouse, as identified in WCC 20.97.282.1, 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. Chapter 20.69 Rural Industrial Manufacturing (RIM) 20.69.130 Administrative approval uses 601 County Council — Special Committee of the Whole — June 4, 2013 Mail M- • -- - - - - ._ cw■wi��.�����.w��+���':u•�wii.:•in�:���i .�.a ON u►:�2M.-I w►�+ - - - Chapter 20.80 Supplementary Requirements 20.80.200 Setback requirements 20.80.2SS 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, packinghouses, 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, i9aekingho , 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. (3) The minimum separation between packinghouses and schools shall be 500 feet. 4) The minimum separation between packinghouses and adjacent property lines shall be 150 feet. 20.97.282.1 Packinghouse "Packinghouse" means a plant that both slaughters animals and subsequently processes carcasses into cured, smoked, canned or other prepared meat products. Rendering and importation of animal by-products is strictly prohibited in packinghouses. Packinghouses shall not slaughter poultry. Packinghouses exclude temporary, mobile or other on -farm, owner -raised poultry slaughtering operations regulated under WAC 16-170 and/or RCW 69.07 that do not require USDA inspection. Agricultural producers who raise poultry may slaughter up to one thousand (1,000) poultry raised on their own farm annually subject to the special poultry permit requirements of WAC 16-170. Agricultural producers who process between one thousand (1,000) and twenty thousand (20,000) poultry a year on their farm are subject to the food processor license requirements of RCW 69.07. 20.97.310 Poultry 3 602 County Council — Special Committee of the Whole — June 4, 2013 "Poultry" means products derived from the slaughter and processing of broilers, other young chickens, mature chickens, hens, turkeys, capons, geese, ducks, small game fowl such as quail or pheasants, and small game such as rabbits. 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. 20.97.343.1 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. 20.97.423.1 Slaughterhouse "Slaughterhouse" means a facility that slaughters animals and has as its main product fresh meat as whole, half o.r quarter carcasses or small meat cuts. 20.97.424 Slaughtering "Slaughtering" means the killing and processing of animals for human consumption. 603 County Council — Special Committee of the Whole — June 4, 2013 EXHIBIT B Policy 2HH-3: Rural Business (Type III LAMIRD) designation criteria A. Location Criteria. Rural Business may be designated on land that: 1. Is not currently designated by the Comprehensive Plan as Urban Growth Areas (UGAs) or Resource Lands, and 2. Consists of a lot or small group of lots that either: a. Contain nonresidential uses and is located within a commercial, manufacturing, or industrial zoning district at the time of original county -initiated designation, or b. Allow for new development of isolated cottage industries and isolated small scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. B. Additional Criteria 1. A Rural Business designation on a lot or small group of lots containing nonresidential uses shall be separated from other LAMIRD designations, regardless of type, by no less than one-half mile by public road, except where the other LAMIRD is separated by a major physical feature such as a water body, freeway, major road, or other physical feature. 2. In the event that the listed criteria result in the need to choose one proposed designation over another, preference is given to a proposed use that: a. Provides the greatest number of job opportunities for rural residents. b. Is located at a controlled public road intersection. A County Council — Special Committee of the Whole — June 4, 2013 EXHIBIT C 605 Joshua Fleischmann To: Jeff Hegedus Subject: RE: Packinghouse waste language From: Jeff Hegedus Sent: Thursday, May 23, 2013 2:45 PM To: Joshua Fleischmann Cc: Mark Personius; John Wolpers Subject: RE: Packinghouse waste language Thank you Josh. As we have discussed, and as I have presented to committee, the Health Department has no legal jurisdictional authority or context to approve or disapprove a 'waste management plan' as referenced in the proposed ordinance. The Health Department will not approve or disapprove any such 'plan' that may be submitted, and again recommends that this requirement be deleted from the draft ordinance (State Waste Discharge Permit applications already require information regarding solid waste management from operations(WAC 173-216-110(c)). As we also discussed, and presented in committee, the Health Department WILL diligently enforce the requirements of WAC 173- 350, Solid Waste Handling Standards, as adopted by reference in WCC 24.06, Solid Waste Rules. The Health Department will also provide technical assistance to applicants and facility operators, and respond to complaints filed regarding activities at these facilities. Please feel free to call if there are any questions. Thank you. From: Joshua Fleischmann Sent: Thursday, May 23, 2013 11:09 AM To: Jeff Hegedus Cc: Mark Personius Subject: Packinghouse waste language Hello Jeff, Following your presence at the Planning and Development Committee meeting on April 91h, you and I collaborated on language regarding waste handling. The language that we developed was: • The facility shall comply with solid waste handling standards as set forth in WAC 173-350, as administered by the Whatcom County Health Department as adopted by reference in WCC 24.06. At the Planning and Development Committee meeting on May 215t, the language that the committee forwarded to the County Council for introduction was: • The facility shall provide and implement a waste management plan, approved by the Whatcom County Health Department and an approved state waste discharge permit from the Washington State Department of Ecology that complies with WAC 173-216, WAC 173-226 industrial stormwater permit (general permits), and/or an NPDES Permit (RCW 90.48 and WAC 173-220), if required by the Washington State Department of Ecology. The attached Exhibit A will be discussed at the County Council Special Committee of the Whole on the morning of June 4th. From there, the Exhibit A (including any changes made at committee) will be sent for introduction that evening. If you have any comments you would like to provide, please do. I will be providing the packet to Dana Brown -Davis on Tuesday, so if you would like to provide comment, that would allow the most time for the Council to consider it. If you cannot provide comment by Tuesday, I can still relay any comments you provide at the Special Committee of the Whole meeting. Thank You, Josh County Council — Special Committee of the Whole — June 4, 2013 EXHIBIT D 607 5/28/2013 Packinghouses Review Nanning and Deve9oprnent Custom vs USDA Custom (Washington State Department of Agriculture) — Not for re -sale — 2 in Whatcom County (Columbia Valley Meats and Lynden Meats) • USDA — Re -sale allowed — Each animal inspected — 1 in Whatcom County (Keizer Meats) 1 5/28/2013 Regional Demand 2007 USDA Census of Agriculture • 1,088,846 cattle statewide • 308,957 Western Washington — 202,893 North Puget Sound (King, Snohomish, Skagit, Whatcom, San Juan, Island) — 95,500 Whatcom County (-31% of W. Wash.) Regional Supply • 14 USDA facilities statewide — 7 Eastern Washington — 7 Western Washington • 5 service independent producers — 2 cooperatives — 3 Public » 1 Halal; limited excess capacity » Pork only » Keizer Meats; limited excess capacity • 4 located in N. Puget Sound (King, Snohomish, Skagit, Whatcom, San Juan, Island) — 1 not open to independent producers — 1 cooperative — 1 Halal; limited excess capacity — Keizer Meats; limited excess capacity e N 5/28/2013 Whatcom County Demand/Supply • Demand: — 95,500 cattle/calves, 304 hogs/pigs, 547 Iamb/sheep, 1209 goats, 430 misc. (2007, USDA) ——115-120k cattle by other estimates ——25-30k slaughtered/year • Supply: — USDA Certified: Keizer Meats (permitted for 2,000 animals/year, though capacity limits to less) — Custom: Lynden Meats, Columbia Valley Meats (2012 slaughtered 889 cattle/calves, 325 hogs/pigs, 117 Iambs • Roughly 90% of animals leave the county for slaughter Figure 6 Counties with no small cattle slaughter facilities and 143 or more small cattle farms' g. 0 ea Cattle ® �O 1 f713 ®p G ®�' Small farms _ n 143 - 235 236 - 356 Small slaughter establishments. 359 - 525 ® Federal - 556 rn 528 - 773 ❑ State - 656 ® - 780 - 1.268 '143 is the median number of U.S. cattle farms per U.S. county, Small slaughter establishments are defined as having less than 500 employees. Small livestock/poultry farms are defined as having $250,000 or less in annual income from livestock sales. Note; Alaska and Hawaii are not shown as they have no counties with 143 or more small cattle farms and no small cattle slaughter facililios. Source; USDA, Food Safely and Inspection Service (FSIS). Farm size is based on the 2007 Census of Agriculture, conducted by USDA, National Agricultural Statistics Service. Slaughter eslablishment data are for 2010 from USDA/FSIS. 610 3 5/28/2013 Cumulative Impacts • According to one operator of a USDA approved facility in W. Washington, very real possibility of multiple facilities locating here Accessory Use and Administrative Use • No difference regarding water availability, waste, wastewater, fire flow, landscaping, parking, etc. • Administrative approval allows comprehensive site review earlier in the process (ex: location of generators/holding pens) • Administrative approval criteria in county code WCC 20.84.235 and 20.84.220 611 4 5/28/2013 Administrative Approval approvals Since the year 2000, 393 administrative approval applications have been approved, while only 12 have been denied (97% approval decisions) 612 5 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013 236 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Knutzen 6/11/2013 6/18/2013 Special COTW Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Discussion regarding tubing on the South Fork of the Nooksack River 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.) COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available.for viewing and printing on the Count 's website at: www.co.whatcom.wa.us/council. 613 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Whatcom County Council Special Surface Water Work Session May 14, 2013 CALL TO ORDER Council Chair Kathy Kershner called the meeting to order at 10:40 a.m. in the Whatcom County Courthouse Fifth Floor Conference Room #513, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, Pete Kremen and Carl Weimer Absent: None SURFACE WATER WORK SESSION (AB2013-024) 1. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PHASE II PERMIT Cathy Craver, Planning or Public Works Department, submitted and read from a presentation (on file, exhibit A). Brenner asked if the permit program areas will come before the Council. Craver stated some will come to the Council. These are sections in the permit. Some things are ongoing administratively. Other things will come forward to the Council. She referenced and continued the presentation on the stormwater management program (SWMP) (on file, Exhibit B and in the packet). Knutzen asked if the County is receiving financial assistance as a permittee. Craver stated the County received grant money from the Department of Ecology. The County is not now a new permittee, but it has an expanded area of coverage, which is Birch Bay. There are funding options to help build programs. Christina Maginnis, Department of Ecology, stated the State legislature approves capacity money every year. Phase I or phase II jurisdictions have been given $50,000 or $75,000 as part of the State budget for operating money to implement these permits at the jurisdiction level. The legislature also awards competitive stormwater awards for construction projects that are stormwater retrofits for flow control and treatment or for low - impact development construction projects in the phase I and phase II jurisdictions. Knutzen asked if Whatcom County can lobby the Puget Sound Partnership for additional funding for its low impact ordinance. Maginnis stated she's not aware of any money that's come from the Puget Sound Partnership. There is federal money through the National Estuary Program that DOE and the Partnership have managed jointly for local Surface Water Work Session, 5/14/2013, Page 1 614 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. jurisdictions. The County received a recent award from the National Estuary Program for stormwater pre -design in Birch Bay. Kershner asked for background summary of the national pollutant discharge elimination system (NPDES) program in general and why the County is doing this. Craver stated the Environmental Protection Agency (EPA) created the NPDES to deal with stormwater runoff from urbanized areas. The County is a phase II county. Phase I is for municipalities over 100,000 people. In 2007, the County has had to adhere to this State permit. She displayed and described a map of the phase II areas in Whatcom County. Whatcom County must manage the stormwater sewer systems of those areas, including education and outreach components and development. Whatcom County is a small municipal stormwater storm sewer system (MS4) and responsible for any conveyance system, such as catch -basins and ditches. The permit states the County must comply with the program areas in specific ways. The County must report back that it is adhering to the requirements of the permit. The County's first permit is ending and the County is starting a new permit in August, when permit requirement changes will apply. It's a State permit. She continued the presentation on the 2012 compliance highlights. One new requirement for new development after December 31, 2016 is that the development, including single family homes, will have to have a maintenance plan in place and demonstrate annual inspections on all best management practices (BMPs) and stormwater facilities for treatment or flow control, to make sure they're functioning properly. That is for the NPDES area, not countywide. Brenner asked if someone will have to inspect someone's residential stormwater facility. Craver stated this information is just about the new requirements. They haven't yet determined how the County departments will implement those requirements. They have three years to develop a plan. Departments will have to come up with a plan for funding and resources, how the plan will operate, what will be required, and how the reporting actually happens. This is a State permit requirement. Kershner asked who makes those requirements. Craver stated the Department of Ecology makes those requirements. Weimer asked if this applies to development that occurs after 2016 only, and if a stormwater facility developed in 2015 wouldn't need the annual inspection. Craver stated it wouldn't need the annual inspections, but the County would have provisions for education and outreach to ensure those were maintained properly. Kremen asked what administrative code or law enables the State to make those requirements. Maginnis stated it is a condition of the statewide permit that is adopted into the County's local code. The State is following the federal requirements of the Clean Water Act. The State's interpretation under the phase I and phase II permits is about these local conditions. Craver stated it is in Revised Code of Washington (RCW) 90.48. Kremen asked if existing development is ignored. Craver stated it's not ignored. The language in the permit requires the County to have provisions to address stormwater issues in the phase II areas, regardless. For example, staff would do outreach to homeowner's associations and give them resources to manage their stormwater facilities. Surface Water Work Session, 5/14/2013, Page 2 615 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Anytime there is an issue with a facility that is not functioning properly and the County is notified, the County is required to address the issue. The County is not required to inspect everyone's facilities prior to that date, but the County must make sure the MS4 is properly managed, which includes having education, outreach, and provisions to make sure homeowners are maintaining their homes properly. As of January 31, 2017, they will be required to do the annual inspection. Crawford asked what is defined as a facility. Craver stated it is whatever is approved as the home's stormwater management facility. There is some flexibility in how the departments will enforce this. For example, an inspection schedule can be moved to longer than one year if there is a reason to do so. They are able to consider variables and create policies with flexibility. It's the County's responsibility to report that with proper reasoning to Ecology. Crawford stated the inspection regimen seems impossible after several years. He's hazy about who does and pays for the inspections. Craver stated that has yet to be determined. These are the requirements. She must coordinate with the other departments to answer those questions and develop programs. It is up to the departments to decide what resource are needed. Brenner asked what happens with any new single family developments that don't need stormwater facilities because of their location. Craver stated it's not that they don't need the facilities. They would meet the requirements that are fairly easy. There has to be some sort of reporting mechanism. Crawford asked the overarching purpose of all this. Craver stated the purpose is ultimately to have the stormwater and MS4 managed properly for water quality. The State will monitor whether the regulations and plans actually improve water quality. Brenner stated she understands that some people may have to show how they're dealing with stormwater runoff, but the requirements are overkill for development that has stormwater that is naturally absorbed on the property. It will be money spent on having someone do that, when there are other real big problems. Focus on the reasonable problems. Craver stated those are the types of things the departments will address when handling the inspection requirements. If someone is using some sort of adequate dispersion, the inspection report will probably be close to nothing. It may just be a statement that the vegetation is intact and working properly. They can't decide what that is at this point. Leave that to the departments that will do inspections. The Planning Department and Engineering Division of the Public Works Department are the two departments that approve permits. Brenner asked if onsite septic systems (OSS) are part of this. Craver stated it's not specific unless a malfunctioning OSS causes some sort of problem with runoff or MS4. Kremen stated he is the County representative on the Washington State Association of Counties (WSAC) Legislative Steering Committee, which made this a high priority issue. Even the most liberal of counties were unanimous in requesting the legislature to extend the timeline to meet these stringent, aggressive requirements. Unfortunately, they were unable to get the legislature to extend that timeline. All 39 counties in Washington state are seeking to have the timelines extended. Surface Water Work Session, 5/14/2013, Page 3 616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Craver continued the presentation on the expanded coverage area. Kershner asked if there is a fee related to any reports made. Craver stated that if related to development, the Planning and Development Services Department will respond and investigate. If there is an egregious act worth pursuing, the department has a mechanism for fees. Brenner asked if illicit discharge complaints are made to just the County, or if people are also complaining to the Department of Ecology. Craver stated reported calls so far are specifically for phase II areas. There is a mechanism for response that goes through the Department of Ecology, which will report to the appropriate jurisdiction. It's limited to phase II areas. She continued the presentation beginning with the Birch Bay Watershed and Aquatic Resources Management Advisory Committee and other boundary adjustments. Kershner asked if the Cities have permits. Craver stated the Cities have their own permits. This is just about the unincorporated area. Crawford asked if the County has some discretion in determining where these areas are. Craver stated they don't determine where the areas are. In certain areas, the County can take a closer look to see if the areas are contributing to the County's MS4 in a way that the County should continue them on a maintenance and inspection schedule. Crawford asked if the Council decided a few years ago to include some parts of the Lake Whatcom watershed that weren't originally part of the NPDES. Craver stated that's correct. The provision for the illicit discharge detection and elimination (IDDE) ordinance applied to the entire watershed. The map shows the entire area that is following the permit. One component of the permit was the IDDE ordinance, which applies to the entire watershed. The area is not shown on the permit area map, but if an illicit discharge is detected and reported in that area, the County reports it to Ecology. Crawford asked if the changes are the result of census data and population data. Craver stated the changes are due to criteria changes at the federal level. It wasn't all based on population. There are many criteria. Mann stated the Cities of Bellingham and Ferndale have separate coordinated stormwater systems without a lot of outfall or discharge points. However, the County has a large network of stormwater systems. Inspection, maintenance, and monitoring could be labor intensive and expensive. He asked if decisions about implementation and paying for it will come to the Council. Craver stated the County currently has an inspection and maintenance schedule for the NPDES phase II areas. At a later date, the departments will have the responsibility for those programs and will talk to the Council about them. Kershner stated many of the permit areas are in areas where they've shut down development through the Rural Element. Weimer asked about areas like Columbia Valley which have a high population density but aren't included. Craver stated they weren't looked over by Ecology as an area to bring in due to other factors. Birch Bay discharges into an impaired water body. Surface Water Work Session, 5/14/2013, Page 4 617 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Kremen stated the Association of Counties collectively weren't necessarily against this program. All counties have significantly reduced to varying degrees their workforce. Whatcom County has reduced its workforce by 15 percent in the last three years. For the record, the counties aren't against having these more stringent environmental regulations. They just want the legislature to be realistic about the counties having the ability to meet the stringent, aggressive requirements. He's not saying these goals and objectives aren't laudable. Most counties believe they are, but they also want the legislature to be realistic about what can and can't be achieved in a certain timeframe. Craver continued the presentation on the Lake Whatcom total maximum daily load (TMDL) and the regional stormwater monitoring program (RSMP). Knutzen asked if the permit applies to any tribal lands. Craver stated it does not in Whatcom County. Other jurisdictions have some overlap. Maginnis stated the tribes are federal entities. Therefore, the EPA would issue their phase I and phase II permits. Region 10 has not issued any NPDES permits for federal tribal land, but is working with the Tulalip Tribe. Knutzen asked who does monitoring if the County opts into the RSMP. Craver stated the Department of Ecology will hire a consultant. Kershner stated the DOE hands rules to the County, which are ridiculous, but offers a solution to do the work if the County pays them. It seems they should just do the monitoring and not take $52,000 from the County. Craver stated they are using that money to find out the effectiveness regionally throughout the Puget Sound. Staff will go through the process of comparing the cost of opting in with the cost of opting out and meeting requirements on their own. Kershner stated they should have figured out what they want to achieve before implementing this permit, so they don't have to do the pilot after they make requirements on all the counties. Brenner stated it's not much money, but it's too open-ended and there could be ramifications that are out of their hands locally if the County opts in. Craver concluded the presentation regarding schedule and actions. Brenner stated Washington State University (WSU) Cooperative Extension's master gardener final certification project and Western Washington University (WWU) student projects could include providing outreach to the public. Crawford stated the Lake Whatcom south intake for the City of Bellingham diversion provides approximately 25 percent of the lake's phosphorous. He asked why that amount of phosphorous is not reduced and whether the County has any jurisdiction over that. He's concerned about what it says to the other property owners when they aren't doing anything about this source. He asked for the City to make a presentation to the County Council or do something about one -quarter of the phosphorous going into the lake. No one is talking about it. A private citizen has videos of the phosphorous going into the lake at that area. Everyone should look at them. Surface Water Work Session, 5/14/2013, Page 5 618 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brueske stated he will look into getting a presentation from the City. Crawford stated it's estimated that it will cost $10,000 to $20,000 per lot to remove approximately one teaspoon of phosphorous per year per lot. They are aware they are dumping almost 2,000 pounds of phosphorous into the lake, but aren't saying anything about it. He's trying to understand why this isn't being addressed. 2. UPDATE ON THE SWIFT CREEK SEDIMENT MANAGEMENT ACTION PLAN Roland Middleton, Public Works Department, submitted and read from a handout (on file, exhibit C) and gave a staff report on what the County will do with the actual landslide if they address the liability issue regarding the Environmental Protection Agency (EPA) Toxic Substances Control Act (TCSA) and Washington State Model Toxics Control Act (MOTCA). He referenced the Swift Creek Sediment Management Action Plan (SCSMAP) and described the phase one and phase two projects. The Council may adopt by resolution the SCSMP, phase one, and phase two projects on June 18, 2013, conditioned on a satisfactory resolution of the liability issue in the Consent Decree and available funding. They are not identifying any funding to take care of these multi -million dollar tasks. That funding will have to come from the State legislature and federal government. The County will be able to manage contractors and the design. The final EIS is coming forward to the Council soon. It includes a health impact assessment. It is not an opinion statement. If the resolution of liability doesn't happen, the plan won't happen and they won't build anything out there. Knutzen asked which property the County already acquired. Middleton stated the County acquired the Parker property. Knutzen asked if anything has been done with the other properties. Brueske stated the EPA approached Great Western about that land for those large basins. Their attorneys are in discussion now. Brenner asked for information on the resolution of liability. She never thought the County had liability. Brueske stated the County's position has been that this is a naturally - occurring problem. It's not reasonable for the County to have any kind of liability or solely try to address this problem on a larger scale, without federal and state assistance as team members sharing liability. There is a lot of talk about a general framework for a consent decree, which is the regulatory mechanism by which they would be given coverage from MOTCA in exchange for the County's part of the upcoming work. County Senior Deputy Civil Prosecutor Dan Gibson has been heavily involved with their attorney. The County administration has been clear that there needs to be some strong language about who else will be liable. The State and federal agencies have done a lot of this work. Not just the County has been dealing with this for many years. They are waiting now for EPA to give the County draft language on the consent decree. There would be an environmental trust set up, where the three parties would be trustees and jointly manage the operation and resolution of this system. Surface Water Work Session, 5/14/2013, Page 6 619 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Middleton stated the Executive makes it clear that this plan will only move forward when the liability issue is resolved and when there is available funding. Brueske stated phase two has the potential of having quite a bit of benefit to the problem without incurring any so-called liability from the federal government. If they can move the creek and reduce sediment transport capacity of the whole system, without touching the material again, it might provide a benefit even if liability is never figured out. It's unlikely this will make the federal Superfund list. There has been preliminary talk of what the federal government may contribute in terms of money. Mann asked how many comments they received on the draft EIS. Middleton stated they received a couple of dozen comments. Nothing was unexpected. Mann asked if those comments were the source of the idea for rerouting the north fork. Middleton stated the idea was already discussed, and they kept coming back to the idea through the process of writing the EIS. Kremen stated he and the Executive went to Washington D.C. with a short list of requests from the Congressional delegation. They both spoke to Senator Cantwell, Congressman Larson, and Senator Murray's staff, as well as Congresswoman DelBene. The short list of requests included Swift Creek and stormwater in Lake Whatcom. Most of the slide is coming from State Department of Natural Resources (DNR) land, and these are federal regulations. Therefore, the County bears no liability. The County left itself vulnerable from past work to dredge and stockpile this contaminated material and let people take that material for use in construction projects, including the major bridge project at Nugent's Corner. That's where the County is most vulnerable for liability. For the past four or five years, the County requested that the federal government allocate significant resources to deal with the issue. He's encouraged by the phase two project plan, which may help to address the problem. Middleton stated he approached this in the same way as the issues at Canyon Creek and Glacier Creek. They are similar situations with alluvial fans and sediment that comes down the creeks. The County has tried to help the citizens over the past 40 years to keep them from being buried by the sediment. This location happens to have naturally occurring asbestos, and it must be handled appropriately. It's really just a sediment problem, which the County handles. Brenner stated there is no consensus that this type of asbestos causes the same types of problems as industrial asbestos. ADJOURN The meeting adjourned at 12:00 p.m. The Council approved these minutes on , 2013. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Surface Water Work Session, 5/14/2013, Page 7 620 1 2 3 4 5 6 7 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Kathy Kershner, Council Chair Surface Water Work Session, 5/14/2013, Page 8 621 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Special Committee Of The Whole May 21, 2013 CALL TO ORDER Council Chair Kathy Kershner called the meeting to order at 1:00 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Ken Mann, Pete Kremen and Carl Weimer Absent: Bill Knutzen Attorneys also present: Karen Frakes COMMITTEE DISCUSSION 1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING A DRAFT ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING MAPS, AND THE WHATCOM COUNTY COMPREHENSIVE PLAN AND MAPS TO IMPLEMENT CHANGES RELATED TO RURAL LAND USE PLANNING (AB2013-180) Kershner stated that discussion of agenda item one may take place in executive session pursuant to RCW42.30.110(1)(i). Executive session will conclude no later than 1:30 p.m. If the meeting extends beyond the stated conclusion time, she will step out of the meeting to make a public announcement. Mann moved to go into executive session until no later than 1:30 p.m. to discuss the agenda item pursuant to RCW citations as announced by the Council Chair. The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Mann, Kremen and Weimer (6) Nays: None (0) Absent: Knutzen (1) OTHER BUSINESS ADJOURN The meeting adjourned at 1:30 p.m. The Council approved these minutes on , 2013. Special Committee of the Whole -Executive Session, 5/21/2013, Page 1 622 1 2 3 4 5 6 7 8 9 10 11 12 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair Special Committee of the Whole -Executive Session, 5/21/2013, Page 2 623 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole May 21, 2013 CALL TO ORDER Council Chair Kathy Kershner called the meeting to order at 6:30 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, Pete Kremen and Carl Weimer Absent: None Attorneys also present: None COMMITTEE DISCUSSION 1. STRATEGY PLANNING DISCUSSION AND POSITIONS TO BE TAKEN REGARDING COLLECTIVE BARGAINING (AB2013-018) Kershner stated that discussion of agenda item one may take place in executive session pursuant to RCW42.30.140(4)(a). Executive session will conclude no later than 7:00 p.m. If the meeting extends beyond the stated conclusion time, she will step out of the meeting to make a public announcement. Mann moved to go into executive session until no later than 7:00 p.m. to discuss the agenda item, pursuant to RCW citations as announced by the Council Chair. The motion carried by the following vote: Ayes: Brenner, Kershner, Knutzen, Mann, Kremen and Weimer (6) Nays: None (0) Absent: Crawford (out of the room) (1) OTHER BUSINESS ADJOURN The meeting adjourned at 7:00 p.m. The Council approved these minutes on , 2013. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Committee of the Whole, 5/21/2013, Page 1 624 1 2 3 4 5 6 7 8 9 10 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Kathy Kershner, Council Chair Committee of the Whole, 5/21/2013, Page 2 625 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Special Committee Of The Whole June 4, 2013 CALL TO ORDER Council Chair Kathy Kershner called the meeting to order at 9:15 a.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, Pete Kremen and Carl Weimer Absent: None Attorney Present: Karen Frakes COMMITTEE DISCUSSION 1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING A DRAFT ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING MAPS, AND THE WHATCOM COUNTY COMPREHENSIVE PLAN AND MAPS TO IMPLEMENT CHANGES RELATED TO RURAL LAND USE PLANNING (AB2013-180) Kershner stated that discussion of agenda item one may take place in executive session pursuant to RCW42.30.110(1)(i). Executive session will conclude no later than 9:30 a.m. If the meeting extends beyond the stated conclusion time, she will step out of the meeting to make a public announcement. Kremen moved to go into executive session until no later than 9:30 a.m. to discuss the agenda items pursuant to RCW citations as announced by the Council Chair. The motion carried by the following vote: Ayes: Crawford, Brenner, Kershner, Knutzen, Mann, Kremen and Weimer (7) Nays: None (0) OTHER BUSINESS ADJOURN The meeting adjourned at 9:30 a.m. The Council approved these minutes on 2013. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Special Committee of the Whole - Executive Session, 6/4/2013, Page 1 626 1 2 3 4 5 6 7 8 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Kathy Kershner, Council Chair Special Committee of the Whole - Executive Session, 6/4/2013, Page 2 627 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole June 4, 2013 CALL TO ORDER Council Chair Kathy Kershner called the meeting to order at 6:30 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Ken Mann, Pete Kremen and Carl Weimer Absent: Bill Knutzen Attorney Present: Liz Gallery COMMITTEE DISCUSSION I. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR LIZ GALLERY REGARDING PENDING LITIGATION — MURPHY V. WHATCOM COUNTY SHERIFF'S OFFICE AND SHERIFF BILL ELFO (AB2013-018) Kershner stated that discussion of agenda item one may take place in executive session pursuant to RCW42.30.110(1)(i). Executive session will conclude no later than 7:00 p.m. If the meeting extends beyond the stated conclusion time, she will step out of the meeting to make a public announcement. Kremen moved to go into executive session until no later than 7:00 p.m. to discuss the agenda items pursuant to RCW citations as announced by the Council Chair. The motion carried by the following vote: Ayes: Crawford, Brenner, Kershner, Mann, Kremen and Weimer (6) Nays: None (0) Absent: Knutzen (1) OTHER BUSINESS ADJOURN The meeting adjourned at 6:55 p.m. The Council approved these minutes on 2013. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Kathy Kershner, Council Chair Committee of the Whole, 6/4/2013, Page 1 1 2 3 4 5 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Jill Nixon, Minutes Transcription Committee of the Whole, 6/4/2013, Page 2 629 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-102A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: Peter Gill / �943/�IV/3 0410912013 Natural Resources Committee Division Head: Mark Personius r�"tj ® (/ 51712013 Natural Resources Committee Dept. Head: � j rj��7jlLo 512112013 Natural Resources ,Sam R an � q m i8 201y f � "" Committee Introduction Prosecutor: Ro Royce Y •13 a A It., ��yia �f COUNTY 6/4/2013 Buckingham � \ OUNCIL 6/18/13 Hearing g Executive: Jack Louivs TITLE OF DOC NT. Proposed Whatcom County Code Chapter 20.51, Lake Whatcom Watershed Overlay District; and related Comprehensive Plan Amendments ATTACHMENTS: Memo to Council, Findings and Ordinance Exhibit A — Updated 20.51 based on Council 's Natural Resource Committee recommendations, Exhibit B — Removal of Lake Whatcom from existing code sections, Exhibit C — Definitions, Exhibit D — Comprehensive Plan Language changes SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 06-18-2013 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.) Introduction of an ordinance to amend Whatcom County Code, Title 20 — Zoning to adopt Chapter 20.51, Lake Whatcom Watershed Overlay District and corresponding definitions in 20.97; amend Title 20 — Zoning, to remove Lake Whatcom from Chapter 20.71, and applicable sections of 20.80.600; Amend the text of Whatcom County Comprehensive Plan, Land Use Chapter policies relating to water quality and stormwater management in the Lake Whatcom Watershed. COMMITTEEACTION. COUNCIL ACTION. 6/04/2013: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2011-00015 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. 630 7. E. "Sam" Ryan Director Memorandum TO: Whatcom County Council THROUGH: Mark Personius, Long Range Planning Manager gfp FROM: Peter Gill, Senior Planner, DATE: June 4, 2013 SUBJECT: Introduction of an ordinance to add a new chapter to the Zoning code, Lake Whatcom Watershed Overlay District; and amend the applicable references in the Whatcom County Comprehensive Plan Natural Resource Committee meetings were held to review and discuss the Lake Whatcom Watershed Overlay District on: June 6, 2012, Sept. 11, 2012, Oct. 23, 2012, November 20, 2012, April 9, 2013, May 7, 2013, and May 21, 2013. This chapter modifies the stormwater management rules for new development. These changes are needed in order to protect Lake Whatcom from water quality degradation that can result from an imbalance of nutrients and bacteria in the runoff that gets into the lake. At the May 21, 2013 Natural Resource Committee meeting staff were asked to prepare an ordinance based on the code recommended by Planning Commission and updated by the Committee. This code is being introduced on June 4th. In your packet you will find: • Ordinance adopting the Lake Whatcom Watershed Overlay District and amending the Whatcom County Comprehensive Plan, Land Use chapter. • Exhibit A - Lake Whatcom Watershed Overlay District, Zoning Code (WCC 20.51). • Exhibit B - Removal of Lake Whatcom from existing land use and stormwater regulations in WCC 20.71, WCC 20.80.635, and WCC 20.80.735 • Exhibit C - New definitions (WCC 20.97) • Exhibit D - Comprehensive Plan Amendments to Policy 2DD - 2.C. This amendment is necessary to maintain consistency between the Comprehensive Plan and implementing development regulations. PLN2011 — 00015 May 23, 2013 631 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: , 2013 ORDINANCE NO. AMENDING THE WHATCOM COUNTY ZONING CODE TITLE 20 — TO CREATE CHAPTER 20.51, LAKE WHATCOM WATERSHED OVERLAY DISTRICT and corresponding definitions in 20.97; amend Title 20 — Zoning, to remove Lake Whatcom from Chapter 20.71, and applicable sections of 20.80.600; AMENDING THE TEXT OF WHATCOM COUNTY COMPREHENSIVE PLAN, Land Use Chapter policies relating to water quality and stormwater management in the Lake Whatcom Watershed. WHEREAS, Lake Whatcom is the drinking water source for approximately half the residents of Whatcom County; and WHEREAS, the preservation and protection of drinking water is a high priority for Whatcom County; and WHEREAS, Erosion, sedimentation, phosphorus and other pollutants associated with increased land clearing and development are of concern for a number of reasons including their impacts on water quality and beneficial uses, such as drinking water. WHEREAS, Whatcom County recognizes the need to address phosphorus loading into Lake Whatcom through land use management; and WHEREAS, in 1998, Whatcom County, the City of Bellingham, and the Lake Whatcom Water and Sewer District formalized their joint commitment to protect and manage the lake through the adoption of an interlocal agreement concerning the joint management of the lake creating the Lake Whatcom Management Program (LWMP); and WHEREAS, Lake Whatcom Management Program, 2010 five year work plan included updating stormwater regulations to address phosphorus loading from new development in the Lake Whatcom watershed; and WHEREAS, Whatcom County council adopted the 2010 five year work plan in Resolution 2010-031; and WHEREAS, the Washington State Department of Ecology has listed Lake Whatcom as an impaired waterbody and placed Lake Whatcom on the Federal Clean Water Act 303(d) list fecal coliform and low dissolved oxygen level; and Page 1 of 5 632 WHEREAS, the Washington State Department of Ecology has released the draft Lake Whatcom TMDL calling for significant reductions in phosphorus runoff from current conditions; and WHEREAS, Whatcom County has addressed land use and stormwater in the Lake Whatcom watershed through Whatcom County Code (WCC) 20.71 Water Resource Protection Overlay, WCC 20.80.635 Stormwater Special Districts, and WCC 20.80.735 Water Resource Special Management Areas; and WHEREAS, Whatcom County is combining land use and stormwater regulations from WCC 20.71, 20.80.635, and 20.80.735, along with updated criteria, to develop Chapter 20.51 Lake Whatcom Watershed Overlay District; and WHEREAS, in 2008, the Whatcom County Council adopted Resolution 2008- 048 declaring its intention to create a stormwater utility pursuant to RCW 36.89, and requesting the Executive to investigate various geographic limitations and funding options; and WHEREAS, the Whatcom County Planning Commission held public hearings on November 17, 2011, January 12, 2012, and March 8, 2012 on the proposed zoning text amendment. The written public comment period was additionally held open between Noverriber 17, 2011, January 12, 2012, and March 8, 2012; and WHEREAS, Whatcom County staff conducted a presentation on the proposed regulations to the Building Industry Association of Whatcom County on December 8, 2011; and WHEREAS, Whatcom County staff facilitated a technical review of the proposed regulations with attendance by local engineering firms, City of Bellingham staff, and Department of Ecology staff on December 19, 2011; and WHEREAS, on January 9, 2012, the Whatcom County Planning Commission held a special work session with presentations on the Lake Whatcom Total Maximum Daily Load (TMDL) and the National Pollutant Discharge Elimination System (NPDES) Phase II Permit by staff from the Department of Ecology; and WHEREAS, Between March 23, 2011 and October 26, 2011, Whatcom County staff held (5) coordination meetings with the Department of Ecology to update and refine proposed regulations based on Whatcom County's letter of commitment dated March 10, 2011 to the Department of Ecology to expedite amending Title 20 to address criteria affecting development in the Lake Whatcom watershed. WHEREAS, Whatcom County staff facilitated a technical review of the proposed regulations with attendance by local engineering firms on March 15, 2012; and Page 2 of 5 633 WHEREAS, The Whatcom County Planning Commission held work sessions on the proposed amendments on January 12, 2012, February 9, 2012, February 23, 2012, March 8, 2012, March 22, 2012, and May 10, 2012; and WHEREAS, Whatcom County Comprehensive Plan Goal 11G identifies protection of water resources and natural drainage systems by controlling the quantity and quality of stormwater runoff as an objective of Whatcom County; and WHEREAS, The proposal was discussed at Council Committee of the Whole on April 10, 2012, and at Natural Resource Committee on June 6, 2012, Sept. 11, 2012, Oct. 23, 2012, November 20, 2012, April 9, 2013, May 7, 2013, and May 21, 2013; and WHEREAS, in August of 2012 new state NPDES stormwater standards came into effect, and sections of proposed code needed to be modified to meet the stormwater design, protection, and maintenance standards of the 2012 Stormwater Management Manual for Western Washington; and WHEREAS, In August of 2012, Whatcom County Ordinance 2012-023 added County development regulations by reference to the rural element section of the county comprehensive plan. WHEREAS, the Washington Growth Management Act (GMA) requires county comprehensive plans to include a rural element that protects the county's established rural character by containing or otherwise controlling rural development. WHEREAS, GMA requires that the rural element of a county comprehensive plan provide measures governing rural development that protect the rural character by protecting critical areas, as provided in RCW 36.70A.060, and surface and ground water resources; and WHEREAS, the Whatcom County Council finds the amendments to be in the best interest of the public health, safety and welfare; and WHEREAS, the Council makes the following findings of fact to justify its actions as required by RCW 36.70.795; 1. The Lake Whatcom Watershed Overlay District amendments were docketed by Whatcom County Council on March 15, 2011. 2. Public Workshops were held on November 1, 2011 at the Whatcom County Council Chambers, and on November 2, 2011 at Bloedel-Donovan Park Facility. 3. Legal notices for public hearings were published in the Bellingham Herald on November 5, 2011, and again on December 30, 2011, February 26, 2012, and #####, 2013. Page 3 of 5 634 4. Three public hearings were held at Planning Commission, November 17, 2011, January 12, 2012, and March 8, 2012, June 13, 2013, and one public hearing before Whatcom County Council on June 18, 2013. 5. Public comments, questions and concerns received were recorded in the public record and addressed in subsequent draft code as appropriate. 6. The Planning Commission recommended approval of the proposed amendments to Whatcom County Council on May 10, 2012. 7. A determination of non -significance was issued under the State Environmental Policy Act (SEPA) on November 2, 2011. 8. An addendum to the May 1, 2009 determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on May 21, 2013. 9. GMA requires that the rural element of a county comprehensive plan provide measures governing rural development that protect the rural character by protecting critical areas, as provided in RCW 36.70A.060, and surface and ground water resources; and 10. Amendments to the Whatcom County Comprehensive Plan are proposed in response to the Washington State Growth Management Hearings Board's January 4, 2013 Compliance Order (GMHB No. 11-2-0010c). 11. Whatcom County Comprehensive Plan policy 2DD — 2.0 contains the required measures to protect critical areas and surface and groundwater resources. These measures reference Whatcom County code provisions on critical areas and water resources. The proposed amendments to Policy 2DD — 2.0 reflect the new stormwater regulations within the Lake Whatcom Watershed by adding reference to WCC 20.51. 12. The new chapter protects water resources by requiring new development in the watershed to meet NPDES stormwater requirements and implement permanent best management practices that prevent and/or treat phosphorus to match the natural vegetated condition. 13. The Comprehensive Plan text amendments are being proposed pursuant to WCC 2.160.010.D. 14. The zoning text amendments are consistent with the processing requirements of WCC 20.90.050 and serve the public interest. 15. The amendments will not create an undue burden under section 1.11 of the County Charter. 16. The proposed amendments are consistent with the Comprehensive Plan, the Washington State Growth Management Act, and are in the public interest. Page 4 of 5 635 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County zoning code (WCC Title 20) is hereby amended as shown in Exhibit A, B, and C. Section 2. The Whatcom County Comprehensive Plan is hereby amended as shown in Exhibit D. Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this day of 2013. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED as to form: Civil epu y P secutor Kathy Kershner, Council Chair Jack Louws, County Executive ( ) Approved( ) Denied Date Signed: Page 5 of 5 636 EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 1 Chapter 20.51 2 LAKE WHATCOM WATERSHED OVERLAY DISTRICT 3 4 20.51.010 Purpose. 5 The Lake Whatcom Watershed Overlay District is intended to manage and treat stormwater 6 runoff and establish more stringent standards on clearing activities and reduce the 7 phosphorus loading into Lake Whatcom, in order to preserve and protect a unique and 8 important water resource, Lake Whatcom. This district is designed to protect the long-term 9 viability of Lake Whatcom as a drinking water source, and to comply with the requirements 10 set forth by the Washington State Department of Ecology through the pending Lake 11 Whatcom Total Maximum Daily Load (TMDL) by limiting the phosphorus loading into Lake 12 Whatcom that results from land disturbing or conversion projects and work, and reduces 13 phosphorus loading from existing sources. 14 20.51.030 Area and Applicability. 15 (1) The Lake Whatcom Watershed Overlay District is an overlay zone that covers the entire 16 geographic area of the Lake Whatcom watershed within Whatcom County's jurisdiction, and 17 applies to all land disturbing or conversion projects, work or activities within the overlay 18 zone. 19 (2) In the event that the provisions of this chapter conflict with the provisions of the 20 Shoreline Management Program (WCC Title 23), Chapter 16.16 WCC, Critical Areas, the 21 Whatcom County Development Standards, the provisions of the underlying zoning district or 22 other applicable county policies or regulations, then the most restrictive shall apply; 23 provided, that the minimum setback provisions established in WCC 20.51.340 shall prevail. 24 (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 25 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 26 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 27 28 20.51.040 Conformance. 29 The provisions of this chapter overlay other permit and approval requirements of the 30 Whatcom County Code. All use and development shall conform to all relevant requirements 31 and standards of: 32 (1) Whatcom County Code, Title 20, Zoning, except as modified by this chapter; 33 (2) The International Building and Fire Codes; 34 (3) Whatcom County Critical Area Ordinance 16.16; 35 (4) Flood Damage Prevention, Title 17; 36 (5) Subdivision, Title 21, except as modified by this chapter; 37 (6) Whatcom County Development Standards - Stormwater, Chapter 2, except as 38 modified by this chapter; 1 637 EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 1 (7) Whatcom County Development Standards, Stormwater Special Districts, Chapter 2 2 Section 221, except as modified by this chapter; 3 (8) Whatcom County Code, Title 23, Shoreline Management Program; 4 (9) Whatcom County Code, Title 24 Health Code; and 5 All other applicable official controls 6 20.51.050 Permitted Uses. 7 All permitted uses in the underlying zone districts are permitted except as expressly 8 prohibited, made conditional, or further conditioned by this chapter. 9 .051 Private noncommercial greenhouses less than 250 square feet. (Ord. 2009-009 Exh. 10 A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; 11 Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 12 § 1, 2001; Ord. 99-086, 1999). 13 20.51.060 Accessory uses. 14 All accessory uses in the underlying zone districts are permitted except as expressly 15 prohibited or made conditional, or further conditioned by this chapter. (Ord. 2009-009 Exh. 16 A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; 17 Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 18 § 1, 2001; Ord. 99-086, 1999). 19 20.51.070 Conditional Uses. 20 All conditional uses in the underlying zone districts shall remain conditional uses unless 21 expressly prohibited, made conditional, or further conditioned by this chapter. In addition, 22 the following uses shall only be conditionally permitted: 23 .071 On -site storage facilities for hazardous wastes associated with outright permitted uses 24 or approved conditional uses, other than cottage industries as defined in WCC 20.51.095, 25 subject to the most current siting criteria under Chapter 173-303 WAC within the Rural, 26 Rural Forestry, Commercial Forestry, Neighborhood Commercial and Resort Commercial 27 Zone Districts only. 28 .072 Retail or wholesale plant nurseries or greenhouses for storage, propagation and 29 culture of plants, provided: 30 (1) Greenhouses shall not be larger than 1,000 square feet. 31 (2) Greenhouses and cultivated ground shall not be located within 250 feet of Lake 32 Whatcom or streams subject to the Shoreline Management Program; 200 feet from fish- 33 bearing streams; or 150 feet from other streams and their tributaries that flow into Lake 34 Whatcom. 35 (3) A monitoring program has been established to ensure that chemical and pesticide 36 quantities in stormwater runoff do not exceed state water quality standards. Complete 37 control of drainage from the operation shall be in effect. Such runoff will be tested for 2 EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 1 pollutants bimonthly by a licensed water quality testing agency. All requirements will be met 2 at the owner's expense. 3 (4) No person shall apply a commercial fertilizer, either liquid or granular, that is labeled as 4 containing more than zero percent phosphorous or other compound containing 5 phosphorous, such as phosphate; provided, that such fertilizers may be used for 6 establishment of new vegetation in the first growing season. 7 .073 Type I solid waste handling facilities, except: 8 (1) Moderate risk waste facilities; and 9 (2) Facilities in the Recreation and Open Space District. (Ord. 2009-009 Exh. A, 2009; Ord. 10 2005-085 § 1, 2005; Ord. 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003-049 11 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 12 2001-021 § 1, 2001; Ord. 99-086, 1999). 13 20.51.080 Prohibited Uses. 14 In addition to the uses prohibited in the underlying zone districts, the following uses are 15 prohibited, except as per Chapter 20.83 WCC: 16 .081 Dry cleaning establishments. 17 .082 Gas stations, service stations, combustion engine repair garages and automotive 18 wrecking yards. 19 .083 Sod farming. 20 .084 Aquaculture and mariculture projects. 21 .085 Operation of fur farms. 22 .086 Confinement feeding operations. 23 .087 Asphalt and concrete batch plants. 24 .088 Gravel bar scalping projects within the jurisdiction of the Shoreline Management 25 Program. 26 .089 Utilization of sewage sludge on land. 27 .090 On -site treatment facilities for hazardous wastes. 28 .091 Type I solid waste handling facilities, except those specified in WCC 20.51.073. 29 .092 Type II, Type III, and Type IV solid waste handling facilities. 30 .093 Golf courses. 3 639 EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 1 .094 Cemeteries. 2 .095 Cottage industries that would require on -site hazardous waste storage facilities. 3 .096 Surface mining outside of designated Mineral Resource Lands (NIRL) Special Districts; 4 provided, that surface mining, rock crushing, washing and sorting subject to the Forest 5 Practices Act (Chapter 76.09 RCW) are permitted. 6 .097 Major passenger intermodal terminals. 7 .098 Freight railroad switching yards and terminals. 8 .099 Agriculture, including animal husbandry, horticulture, viticulture, floriculture, and the 9 cultivation of crops. 10 .100 Animal hospitals and accessory kennels and stables. 11 .101 Commercial kennels and stables. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 12 2005; Ord. 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 13 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 14 2001; Ord. 99-086, 1999). 15 20.51.300 Open space. 16 .301 Open space requirements shall be as follows: 17 (1) Open space areas shall be maintained in natural vegetation or landscaped per WCC 18 20.80.325. 19 (2) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 20 23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that 21 are located waterward of the ordinary high water mark shall not be used in open space 22 calculations. 23 24 20.51.310 Cluster subdivisions. 25 The purpose of cluster subdivision is to provide a method of creating building lots with 26 spatially efficient sizes. Clustering is intended to consolidate development and associated 27 infrastructure, reduce development costs, and increase infrastructure efficiency. Clustering 28 is also intended to help preserve open space and the character of areas, reduce total 29 impervious surface area, and minimize development effects on critical areas and associated 30 buffers, as defined in Chapter 16.16 WCC, and resource lands. Preservation of open space is 31 thereby intended to reduce potential stormwater runoff and associated impacts while 32 assuring protection of viable, undeveloped, and naturally vegetated corridors for wildlife 33 habitat, protection of watersheds, preservation of critical areas, preservation of aesthetic 34 values including view corridors, and preservation of trail and/or recreation areas. (Ord. 35 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004- 4 M1 EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 1 007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 3 20.51.320 Cluster design standards. 4 The creation of new building lots within the Lake Whatcom Watershed Overlay District shall 5 be subject to the following design standards: 6 (1) Cluster subdivisions shall be required for all land divisions resulting in lots less than five 7 acres in size, with the exception of boundary line adjustments. 8 (2) A cluster subdivision shall include a permanent open space reserve area meeting the 9 criteria established in WCC 20.51.330. 10 (3) The minimum cluster lot size requirements of the underlying zone district shall apply. 11 (4) The maximum number of building lots in a lot cluster shall be 10. 12 (5) Clusters containing two or more lots of less than one acre within a proposed 13 development shall be separated by at least 80 feet. 14 (6) Clustered building lots may only be created through the subdivision, short subdivision or 15 binding site plan process pursuant to WCC Title 21. 16 (7) Building lots shall be designed and located to be compatible with, and avoid disturbance 17 of, critical areas or known archaeological sites, as well as physical constraints of the site. 18 (8) Building lots shall be arranged in a cluster/concentrated pattern. 19 (9) A cluster subdivision shall have no more than two common encroachments on existing 20 county roads unless site constraints require additional road access. The arrangement of 21 clustered building lots shall be designed to avoid development forms commonly known as 22 linear, straight line or highway strip patterns. 23 (10) As applicable, interior streets shall be designed to allow future vehicular access to any 24 portion of the reserve tract which may be divided into future building lots; provided, that 25 the required permanent open space reserve area, pursuant to WCC 20.51.330, shall not be 26 further subdivided. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2005-048 27 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 28 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 29 20.51.330 Open space reserve area. 30 (1) For purposes of this title, an "open space reserve area" shall be defined as that portion 31 of a subdivision or short subdivision set aside in accordance with this chapter, and 32 permanently dedicated for active or passive recreation, critical area protection, natural 33 resource or archaeological site preservation, wildlife habitat and/or visual enjoyment, and 34 shall be consistent with the definition of "open space" pursuant to WCC 20.97.275. 35 (2) The open space reserve area shall be subject to the following provisions: 5 641 EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 1 (a) The minimum open space reserve area shall be determined by the minimum 2 cluster subdivision reserve area requirements of the underlying zone district. 3 (b) A permanent open space reserve area shall be protected using one of the following 4 mechanisms: 5 (i) Placement in a separate nonbuilding tract owned in common by all lots within 6 the subdivision; or 7 (ii) Covered by a protective easement which protects at least the minimum 8 required cluster reserve area specified in the underlying zone district; or 9 (iii) Preserved through an appropriate permanent protective mechanism that 10 provides the same level of permanent protection as subsection (2)(b)(i) of this 11 section as determined by the county zoning administrator or hearing examiner 12 which applies to at least the minimum required cluster reserve area specified in 13 the underlying zone district. 14 (c) The boundaries of the open space portion of the reserve area may be altered only 15 if the county finds that in dedicating adjacent reserve areas it would further the 16 objectives listed in WCC 20.51.310 by altering the reserve area and increasing the 17 area of reserve proportionately on the adjacent land being subdivided so that there is 18 no net reduction in open space reserve area. 19 (d) The purpose of the open space reserve area as defined in subsection (1) of this 20 section shall be recorded on the face of the final plat or short plat. 21 (e) The remaining unused development density and/or impervious surface allowances 22 remaining on the parcel containing the open space reserve area, based on the gross 23 density of the parent parcel, may be assigned to that portion of the reserve tract not 24 subject to the minimum area requirements of subsection (2)(b) of this section. The 25 density shall be recorded on the face of the final plat or short plat. The development 26 rights assigned to the reserve tract in accordance with this subsection may not be 27 transferred if the area associated with the reserve tract has been transferred to the 28 other building lots within the subdivision. 29 (f) The requirements stated in subsections (2)(c) and (d) of this section shall be 30 recorded as a restriction on the face of the final plat or short plat, and shall constitute 31 an agreement between Whatcom County and the current/future owner(s) of record 32 that shall run with the land. Said restriction(s) may be amended by mutual agreement 33 between said parties after review for consistency and compliance with the official 34 Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance, and 35 the Whatcom County Comprehensive Plan. 36 20.51.340 Building setback/buffer areas. 37 .341 Setbacks for all properties within the overlay district shall be as follows: Class I and 38 Class II roads shall have a minimum setback of 30 feet; and Class III, IV and V roads shall R 642 EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 1 have a minimum setback of 20 feet; provided, that the road right-of-way meets the 2 minimum standard for road rights -of -way pursuant to the Whatcom County Development 3 Standards. 4 .342 Roof overhangs or other overhanging architectural features shall not project further 5 than 18 inches into the side or rear yard setbacks. Such overhangs may extend three feet 6 into the front yard setback; however, in no case shall they extend more than one-half the 7 depth of the front yard setback. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; 8 Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 9 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-062 § 1, 2001; Ord. 2001-021 § 1, 10 2001; Ord. 99-086, 1999). 11 20.51.350 Development criteria. 12 (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 13 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 14 2002; Ord. 2001-021 § 1, 2001). 15 20.51.360 Parking space dimensions. 16 A standard parking space shall have the rectangular dimensions of 10 feet in width and 20 17 feet in length; provided, that for any parking area of six or more spaces, 50 percent of all 18 spaces may have the rectangular dimensions of eight feet in width and 15 feet in length; 19 and further provided, that these spaces are marked for use by compact automobiles. Except 20 in single-family residential areas, all dimensions shall be exclusive of driveways, aisles and 21 other circulation areas required under WCC 20.80.560 and 20.80.570. (Ord. 2009-009 Exh. 22 A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; 23 Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 24 § 1, 2001; Ord. 99-086, 1999). 25 20.51.370 Parking requirements. 26 Parking shall conform to the requirements of WCC 20.80.500 through 20.80.590 unless 27 otherwise specified in this section. Minimum parking requirements may be reduced through 28 any of the following methods: 29 (1) A shared parking agreement has been filed with the county auditor establishing a shared 30 parking lot for land uses with noncompeting hours of operation, or for multitenant retail and 31 commercial facilities; provided, the parking lot is not located further than 700 feet from any 32 of the uses it is intended to serve. 33 (a) The minimum required parking in shared facilities shall be based on the land use 34 with the highest parking demand. 35 (b) Mixed use developments with similar operating hours may be required to submit a 36 parking demand study to determine if parking can be combined. 37 (2) A 20 percent reduction may be approved if an establishment is located within 1,000 feet 38 of any regularly scheduled bus stop. 7 643 EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 1 (3) The zoning administrator determines that a reduced requirement will reduce overall 2 impervious surfaces while maintaining consistency with this title. (Ord. 2009-009 Exh. A, 3 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 4 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 5 2001; Ord. 99-086, 1999). R 7 20.51.390 Vehicular access. 8 Driveways and curb cuts shall be minimized along all arterial and collector roads. Each 9 existing lot shall be allowed only one driveway or curb cut; adjacent lots are encouraged to 10 share access points. In new developments, lots or leased sites shall be oriented toward 11 internal driveways, parking areas, or roads with limited access to arterial or collector roads. 12 (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 13 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 14 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 15 20.51.400 Roads, curbs, gutters and sidewalks. 16 The intent of this section is to reduce impervious surfaces and stormwater runoff. 17 Innovative street sections, which do not compromise public safety, shall be encouraged in 18 the watershed. Narrow streets and reduced sidewalk standards that satisfy pedestrian and 19 vehicular circulation requirements may be implemented with the approval of the Whatcom 20 County public works department. Unless specifically required, roads shall not be wider than 21 the minimum applicable standard. A rural road standard may be approved by the Whatcom 22 County public works department for urban density residential areas where the developer 23 provides adequate off-street parking and pedestrian walkways. (Ord. 2009-009 Exh, A, 24 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 25 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 26 2001; Ord. 99-086, 1999). MA 28 20.51.410 Seasonal Clearing Activity Limitations 29 The intent of seasonal clearing activity limitations is to establish a more stringent standard 30 for clearing activity in highly valued water resource areas, environmentally sensitive areas, 31 or areas where natural conditions are so unstable that clearing activity in the areas can 32 result in hazardous conditions. Implementation of best management practices, including 33 phased clearing, tree retention and seasonal clearing limitations, is intended to limit the 34 amount of exposed soils on site that are susceptible to erosion at any one time, thereby 35 improving site stability during development and reducing potential for transport of dissolved 36 pollutants and sediments off site. Preservation of existing trees on site also reduces the 37 quantity and maintains the quality of stormwater leaving a site during and after 38 development activities by encouraging interception, infiltration and evapotranspiration of 39 rainfall and surface runoff. 8 ME EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 1 (1) County review and approval shall be required for all clearing activities associated with a 2 fill and grade permit, building permit or other development proposal. 3 (2) Clearing activity, as defined in WCC 20.97.054, that will result in exposed soils 4 exceeding 500 square feet shall not be permitted from October 1st through May 31st; 5 provided, that: 6 (3) The zoning administrator may approve an exemption to this requirement for the 7 following activities: 8 (a) Routine maintenance and repair of erosion and sediment control measures; 9 (b) Activities located at or waterward of the ordinary high water mark subject to 10 state, federal, and/or local (per Chapter 16.16 WCC and/or WCC Title 23) conditions 11 of approval requiring commencement of clearing activity between October 1't and 12 May 31st for purposes of minimizing surface water disturbance and site inundation by 13 high water or wave action; 14 (c) Activities necessary to address an emergency that presents an unanticipated and 15 imminent threat to public health, safety or the environment that requires immediate 16 action within a time too short to allow full compliance with this section. Upon 17 abatement of the emergency situation, the clearing activity shall be reviewed for 18 consistency with this chapter and may be subject to additional permit requirements; 19 provided, that the applicant shall make a reasonable attempt to contact the zoning 20 administrator prior to the activity. When prior notice is not feasible, notification of 21 the action shall be submitted to the zoning administrator as soon as the emergency 22 is addressed and no later than two business days following such action. Emergency 23 construction does not include development of new permanent protective structures 24 where none previously existed. 25 (d) The proposed activity does not involve the conversion of forest land, is outside 26 critical areas and associated buffers, and is exclusively related to agriculture as 27 defined in this title; or 28 (e) The proposed activity consists of non -conversion forest practices, other than 29 Class IV -General forest practices on platted land, and other than those with an 30 approved COHP regulated under Chapter 76.09 RCW; or 31 (4) To ensure compliance with subsection (2) of this section, Whatcom County planning and 32 development services shall not issue development permits requiring more than 500 square 33 feet of land disturbance located within the Lake Whatcom watershed within two weeks prior 34 to the watershed seasonal closure on October 1st. 35 (5) Soil disturbance associated with an exempt clearing activity shall be minimized to the 36 maximum extent practicable. The zoning administrator shall have the authority to condition 37 an exempt activity to ensure that temporary erosion and sediment control measures will be 38 implemented. 0 645 EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 1 (6) An exemption from the seasonal land clearing requirements of this section does not 2 grant authorization for any work to be done in a manner that does not comply with other 3 provisions of this chapter or other applicable development regulations. 4 (7) Within the Lake Whatcom Watershed Overlay District, clearing activity must conform to 5 the following conditions: 6 (a) Temporary erosion and sediment control shall be installed and inspected prior to 7 any clearing activity. The technical administrator shall conduct periodic inspections 8 to ensure the integrity of temporary erosion and sediment controls. Temporary 9 erosion and sediment control measures include, but are not limited to, installation of 10 silt fencing, installation of check dams, covering of excavation piles, and mulching of 11 exposed soils, as specified in the Whatcom County Development Standards. 12 (b) Phased Clearing. Construction activities and clearing activities shall be phased to 13 limit the amount of exposed soil that occurs at any one time, if determined to be 14 appropriate by the technical administrator, based on site characteristics or 15 constraints including, but not limited to, slopes, proximity to shorelines and 16 wetlands. A phased clearing plan may be required. A phased clearing plan, if 17 required, shall be submitted for review and approval by the technical administrator 18 prior to any clearing activity and shall contain a detailed construction schedule or 19 timeline. 20 (c) Soil Stabilization. All disturbed areas shall be provided with soil stabilization 21 within two days of the time of disturbance. The technical administrator may approve 22 an exemption to this requirement when a tree canopy area retention plan includes a 23 soil stabilization plan. This plan component must specifically detail erosion and 24 sediment control and stormwater runoff measures that provide runoff control equal 25 to or greater than the protection provided by the standard two-day soil stabilization 26 requirements of this section. 27 20.51.420 Permanent Stormwater Management Systems 28 (1) Exemptions. This section does not apply to any of the following projects, work, or 29 activities (which does not necessarily exempt them from other stormwater related titles 30 and/or standards that might otherwise apply; see WCC 20.51.040(6), WCC 31 20.51.040(7) and WCC 20.80.630(3)) within the Lake Whatcom Watershed Overlay 32 District: 33 (a) Installations of, and/or repairs to, and/or replacements of, any of the following 34 facilities: 35 1. Below grade: 36 i. Pipe, 37 ii. Conduit, 38 iii. Ductwork, 10 M• 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 EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 iv. Cabling and wiring (direct burial or conduit encased), 2. Above grade: i. Utility or light poles, ii. Communication and/or data transmission systems pedestals, 3. Below grade, at grade, and/or above grade appurtenances to any of the above respective facilities. (b) Roof replacements and/or conversions at the same, or less, surface area. Conversions to metal roofs require coatings with inert non -leachable materials. (c) Deck, porch, and/or other raised surfaces area replacements at the same, or less, surface area. (d) Land disturbing activities (per WCC 20.97 definition) of less than 5,000 square feet in total area, excluding any impervious surface area work within the land area disturbed. (e) Projects, work, or activities that will create less than: 1. 501 square feet of previously nonexistent impervious surface area and/or permeable pavement area (per WCC 20.97 definitions), and/or 2. 1,501 square feet of replaced impervious surface area and/or replaced permeable pavement area (per WCC 20.97 definitions). (f) Maintenance (e.g., debris, moss, and/ or mildew removal) of existing impervious surface areas and/or permeable pavement areas. Pre-existing nonconforming impervious surfaces may be routinely maintained/repaired. (g) If a legal nonconforming structures are destroyed, the nonconforming use may be reconstructed using the pre-existing footprint. Damage repairs (e.g., from fire, wind, falling trees or limbs, flooding) to existing impervious surface areas and/or permeable pavement areas within their same respective existing footprints. Expansion of nonconforming impervious surfaces shall be subject to this ordinance. (h) For a Single Family Dwelling that meets all of the following: 1. To be located within the platted boundaries of, and in general belonging to, an incorporated homeowners association; and 2. Which association has a stormwater runoff management and phosphorus mitigation plan that provides at least the same level of overall protection from and/or treatment of phosphorus runoff to Lake Whatcom as would the application of WCC 20.51.420(2) to any of the individual parcels therein that may be developed; and 11 647 EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 1 3. Ongoing implementation program, applicable to all newly developed parcels 2 within that association's boundaries, as well as to the association as a whole; 3 and 4 4. Which plan and program have been agreed to by a memorandum of agreement 5 between Whatcom County and the Incorporated Homeowners Association; and 6 5. Permanent Best Management Practices shall follow the NPDES standards in 7 WCC 20.80.630. 8 (2) Best Management Practices. 9 (a) Unless otherwise exempt per WCC 20.51.420(1), or unless a standard land use 10 vesting determination concludes otherwise, all projects, work, or activities, 11 including subdivisions, binding site plans, and non-exempt new short subdivision 12 parcels, proposed to occur within the Lake Whatcom Watershed Overlay District 13 shall incorporate presumptive BMPs and/or demonstrative BMPs, per WCC 14 20.51.420(2)(c) and/or WCC 20.51.420(2)(d), respectively, to: 15 16 (1) All project, work, or activity affected: 17 i. Net land area disturbed (per WCC 20.97 definition, and/or 18 ii. Newly created and/or replaced: 19 A. Net new impervious surface area (per WCC 20.97 definition), and/or 20 B. Net replaced impervious surface area (per WCC 20.97 definition), and/or 21 C. Net new permeable pavement area (per WCC 20.97 definition), and/or 22 D. Net replaced permeable pavement area (per WCC 20.97 definition), 23 and/or 24 (2) Existing off -parcel phosphorus -unmitigated areas and/or on -parcel phosphorus 25 unmitigated areas within the entire Lake Whatcom Watershed at a 2:1 ratio of 26 phosphorus -unmitigated area to the corresponding project, work, or activity 27 affected area(s) that WCC 20.51.420(2)(a)(1)(i) - (ii) outlines. 28 (3) The developable areas and infrastructure as required for long and short 29 subdivision approval. A stormwater management plan for developable areas 30 and required infrastructure, consistent with the 2012 Stormwater Management 31 Manual for Western Washington is required prior to primarily plat approval. 32 Installation of required BMPs for infrastructure is required prior to final plat 33 approval. 34 (b) The development stormwater runoff (per WCC 20.97 definition) phosphorus loading 35 profile from each phosphorus -mitigated area noted in WCC 20.51.420(2)(a)(1) & 36 (2) shall not exceed the corresponding natural stormwater runoff (per WCC 20.97 12 •�: EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 1 definition) phosphorus loading profile from each respective phosphorus -mitigated 2 area. 3 4 (c) Presumptive BMPs (per WCC 20.97 definition). Presumptive BMPs, which are 5 combinable with each other and with demonstrative BMPs, follow: 6 1. Full infiltration and downspout full infiltration. See the 2012 Stormwater 7 Management Manual for Western Washington BMP T5.10A Volume III Section 8 3.1.1 and Volume III Chapter III Section 3.3.9(A). Use of these BMPs may 9 require an engineered design (per WCC 20.97 definition). 10 2. Full dispersion: 11 i. See current Stormwater Management Manual for Western Washington 12 Volume V Chapter 5 BMP T5.30. This BMP might, but does not necessarily, 13 require an engineered design. See the 2012 Stormwater Management 14 Manual for Western Washington Volume V, Chapter 5, pages 5-30 through 15 5-38 for further design requirements and infeasibility criteria. 16 (d) Demonstrative BMPs (per WCC 20.97 definition). Demonstrative BMPs, which are 17 combinable with each other and with presumptive BMPs, use engineered designs 18 that, once constructed or installed, and presuming that system preservation 19 activities occur as prescribed by the design engineer, will satisfy the 2012 20 Stormwater Management Manual for Western Washington Minimum Requirements 21 numbers 3 through 9, disregarding any Minimum Requirement applicability 22 thresholds therein, while also conforming to at least one of the following: 23 1. The engineered design limits the estimated phosphorus loading in development 24 stormwater runoff to less than 0.1875 lb of P/acre/year. Engineered designs 25 shall cite and use only WSDOE-approved references for estimated phosphorus 26 loading information and criteria. 27 2. The monthly development stormwater runoff volume does not exceed the 28 monthly natural stormwater runoff volume of the project, work, or activity 29 affected areas, as determined by a WSDOE-approved continuous runoff model. 30 3. Development stormwater runoff does not occur 31 (3) System Recording, Protection, and Maintenance. A declaration of covenant shall be 32 recorded for each property where permanent stormwater BMPs exist. The covenant is 33 used to protect the stormwater management facilities from cover by structures or 34 impervious material, soil compaction, and damage by soil removal and grade alteration. 35 A draft of the proposed covenant must be reviewed and approved by Whatcom County 36 prior to recording. All required covenants must be recorded prior to final permit 37 issuance for the proposed project. 38 39 (a) Notice on Title: For all permanent stormwater facilities, the type of stormwater 40 system and location shall be recorded with the County Auditor real estate records in a 41 format similar to the recording documents in Whatcom County Development 13 M, • EXHIBIT A-Whatcom County Code Proposed Chapter 20.51 1 Standards, Chapter 2, Section 221. The recording document provides notice to future 2 owners of the presence of stormwater system on the lot, and shall contain: 3 4 (i) A site plan to scale, showing the location and descriptions of stormwater 5 facilities, treatment BMPs, terrain features, Protective Native Growth Areas, and 6 stormwater flowpaths. 7 (ii) Notice of the property owner's responsibility to retain, uphold, and protect 8 the devices, features, pathways, Protective Native Growth Areas, and operate 9 and maintain BMPs at the owner's expense. 10 11 (b) Protected Native Growth Area (PNGA): For projects that utilize dispersion for 12 their stormwater system, a Protected Native Growth Area covenant shall be required to: 13 14 (i) Include native plant species including, but not limited to, those on approved 15 lists provided by Whatcom County common to this region. 16 (ii) Be described in the recorded documents as "a Protected Native Growth Area 17 established for the purposes of dispersing and treating stormwater flows." 18 (iii) Retain all vegetation and trees within the PNGA at the time of permit 19 application aside from approved timber harvest activities and the removal of 20 hazardous and diseased trees (as defined in Chapter 20.97 WCC), an 21 evaluation and determination by an ISA licensed arborist may be required. 22 23 (iv) The PNGA can include onsite critical areas and its buffer, 24 (v) Limit uses in the PNGA to those specified in WCC 16.16. 25 (vi) Provide a Notice of Activity consistent with WCC 16.16.235, to remove trees 26 within a PNGA when a permit is not required by 20.51.420(1), under the 27 following circumstances: 28 1. Fire prevention methods when supported by the county fire marshal; 29 2. Hazard trees, as defined in Chapter 20.97 WCC, are identified (an 30 evaluation and determination by a licensed arborist may be required); 31 3. Encroachments where the trunk, branches, or roots would be, or are in 32 contact with main or accessory structures; or 33 4. Where installation and/or maintenance of roads or utilities would 34 unavoidably require removal or cutting through the root system. 35 36 14 650 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 Chapter 20.71 WATER RESOURCE PROTECTION OVERLAY DISTRICT* Sections: 20.71.010 Purpose. 20.71.020 Application. 20.71.021 Area and applicability. 20.71.050 Permitted uses. 20.71.100 Accessory uses. 20.71.150 Conditional uses. 20.71.200 Prohibited uses. 20.71.300 Open space and impervious surfaces. 20.71.350 Cluster subdivisions. 20.71.351 Cluster design standards. 20.71.352 Open space reserve area. 20.71.400 Building setback/buffer areas. 20.71.600 Development criteria. 20.71.601 Parking space dimensions. 20.71.602 Parking requirements. 20.71.603 Alternative surfacing methods. 20.71.604 Vehicular access. 20.71.700 Roads, curbs, gutters and sidewalks. *Prior legislation: Ord. 2008-035, which expired March 20, 2009, was formerly codified in this chapter. 20.71.010 Purpose. The Water Resource Protection Overlay District is an overlay zone that is intended to impose additional controls to preserve and protect unique and important water resources within Whatcom County. This district is designed to protect the long-term viability of the Lake , Lake Samish and Lake Padden watersheds while creating a regulatory framework to address the needs of these watersheds that are not otherwise provided for in the underlying zone districts. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.020 Application. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001). 20.71.021 Area and applicability. 651 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 (1) The Water Resource Protection Overlay District is an overlay zone that covers the entire geographic area of the Lake Whatcom, Lake Samish and Lake Padden watersheds within Whatcom County's jurisdiction. For purposes of this title, the Lake Samish watershed shall consist of that portion of the Friday Creek subbasin of the Samish River watershed that lies within Whatcom County. (2) This district may be expanded to include other areas through the annual zoning text amendment process. (3) TheLake ` hatGem-, Lake Samish and Lake Padden watersheds are also designated as stormwater special districts pursuant to WCC 20.80.635 and water resource special management areas pursuant to WCC 20.80.735. (4) In the event that the provisions of this chapter conflict with the provisions of the Shoreline Management Program (WCC Title 23), Chapter 16.16 WCC, Critical Areas, the Whatcom County Development Standards, the provisions of the underlying zoning district or other applicable county policies or regulations, then the most restrictive shall apply; provided, that the minimum setback provisions established in WCC 20.71.401 shall prevail. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.050 Permitted uses. All permitted uses in the underlying zone districts are permitted except as expressly prohibited, made conditional, or further conditioned by this chapter. .051 Private noncommercial greenhouses less than 250 square feet. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.100 Accessory uses. All accessory uses in the underlying zone districts are permitted except as expressly prohibited or made conditional, or further conditioned by this chapter. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.150 Conditional uses. All conditional uses in the underlying zone districts shall remain conditional uses unless expressly prohibited, made conditional, or further conditioned by this chapter. In addition, the following uses shall only be conditionally permitted: .151 On -site storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses, other than cottage industries as defined in WCC 20.71.215, subject to the most current 652 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 siting criteria under Chapter 173-303 WAC within the Rural, Rural Forestry, Commercial Forestry, Neighborhood Commercial and Resort Commercial Zone Districts only. .152 Retail or wholesale plant nurseries or greenhouses for storage, propagation and culture of plants, provided: (1) Greenhouses shall not be larger than 1,000 square feet. (2) Greenhouses and cultivated ground shall not be located within 250 feet of Lake , Lake Samish, Lake Padden or streams subject to the Shoreline Management Program; 200 feet from fish - bearing streams; or 150 feet from other streams and their tributaries that flow into Lake WhatGem-, Lake Samish or Lake Padden. (3) A monitoring program has been established to ensure that chemical and pesticide quantities in stormwater runoff do not exceed state water quality standards. Complete control of drainage from the operation shall be in effect. Such runoff will be tested for pollutants bimonthly by a licensed water quality testing agency. All requirements will be met at the owner's expense. (4) No person shall apply a commercial fertilizer, either liquid or granular, that is labeled as containing more than zero percent phosphorous or other compound containing phosphorous, such as phosphate; provided, that such fertilizers may be used for establishment of new vegetation in the first growing season. 185 Type I solid waste handling facilities, except: (1) Moderate risk waste facilities; and (2) Facilities in the Recreation and Open Space District. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.200 Prohibited uses. In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited, except as per Chapter 20.83 WCC: 201 Dry cleaning establishments. 202 Gas stations, service stations, combustion engine repair garages and automotive wrecking yards. .203 Sod farming. 204 Aquaculture and mariculture projects. 653 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 .205 Operation of fur farms. .206 Confinement feeding operations. .207 Asphalt and concrete batch plants. .208 Gravel bar scalping projects within the jurisdiction of the Shoreline Management Program. .209 Utilization of sewage sludge on land. .210 On -site treatment facilities for hazardous wastes. 211 Type I solid waste handling facilities, except those specified in WCC 20.71.185. .212 Type II and Type III solid waste handling facilities. .213 Golf courses. .214 Cemeteries. .215 Cottage industries that would require on -site hazardous waste storage facilities. .216 Surface mining outside of designated Mineral Resource Lands (MRL) Special Districts; provided, that surface mining, rock crushing, washing and sorting subject to the Forest Practices Act (Chapter 76.09 RCW) are permitted. .217 Major passenger intermodal terminals. .218 Freight railroad switching yards and terminals. .219 Agriculture, including animal husbandry, horticulture, viticulture, floriculture, and the cultivation of crops. .220 Animal hospitals and accessory kennels and stables. .221 Commercial kennels and stables. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.300 Open space and impervious surfaces. .301 Open space requirements shall be as follows: (1) For uses in the TC and NC Zones, at least 25 percent of the parcel shall be reserved as open space. 654 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 (2) For uses in the RC Zone, at least 40 percent of the parcel shall be reserved as open space. (3) Open space areas shall be maintained in natural vegetation or landscaped per WCC 20.80.325. (4) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in open space calculations. 302 Impervious surface requirements shall be as follows: (1) For uses in the UR, URM and RR Zone Districts, at least 80 percent of the lot or parcel shall be kept free of structures and impervious surfaces. (2) For uses in the R Zone District, at least 90 percent of the lot or parcel shall be kept free of structures and impervious surfaces. (3) Where subsection (1) or (2) of this section does not allow 2,500 square feet of total impervious surface area, 2,500 square feet shall be allowed. (4) Two or more lots of record consolidated pursuant to the provisions of WCC 20.83.070 shall be treated as one undivided parcel for the purpose of calculating total allowable impervious surface. Where two or more lots or parcels are consolidated; are not subject to the provisions of WCC 20.83.070; and are not subject to a permanent restrictive covenant that precludes development of buildings, structures or other improvements not otherwise identified by said covenant, 4,000 square feet of impervious surface shall be allowed. (5) Preexisting nonconforming impervious surfaces may be routinely maintained/repaired or redeveloped; provided, that if 50 percent or greater of the preexisting nonconforming impervious area is to be redeveloped, then the applicable impervious surface limitations of subsections (1), (2) and (3) of this section shall apply. However, if a legal nonconforming structure is destroyed, the nonconforming use may be reconstructed using the pre-existing footprint. Expansion of nonconforming impervious surfaces shall be prohibited. (6) A mobile home within an existing mobile home park may be replaced with a larger mobile home (not to exceed a maximum of 1,500 square feet), provided there is not an increase in the overall number of mobile homes in the park or any increase in other impervious surfaces beyond the new mobile home footprint. (7) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in impervious/pervious surface calculations. 655 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 (8) Any portion of a roof overhang or other overhanging architectural feature which projects further than three feet from the footprint of a structure shall be calculated as impervious surface. (9) Alternative surface methods described in WCC 20.71.603 may be used. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2005-079 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-063 § 1, 2001; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.350 Cluster subdivisions. The purpose of cluster subdivision is to provide a method of creating building lots with spatially efficient sizes. Clustering is intended to consolidate development and associated infrastructure, reduce development costs, and increase infrastructure efficiency. Clustering is also intended to help preserve open space and the character of areas, reduce total impervious surface area, and minimize development effects on critical areas and associated buffers, as defined in Chapter 16.16 WCC, and resource lands. Preservation of open space is thereby intended to reduce potential stormwater runoff and associated impacts while assuring protection of viable, undeveloped, and naturally vegetated corridors for wildlife habitat, protection of watersheds, preservation of critical areas, preservation of aesthetic values including view corridors, and preservation of trail and/or recreation areas. (Ord. 2009-009 Exh. A, 2009; Ord. 2005- 085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99- 086, 1999). 20.71.351 Cluster design standards. The creation of new building lots within Water Resource Protection Overlay Districts shall be subject to the following design standards: (1) Cluster subdivisions shall be required for all land divisions resulting in lots less than five acres in size, with the exception of boundary line adjustments. (2) A cluster subdivision shall include a permanent open space reserve area meeting the criteria established in WCC 20.71.352. (3) The minimum cluster lot size requirements of the underlying zone district shall apply. (4) The maximum number of building lots in a lot cluster shall be 10. (5) Clusters containing two or more lots of less than one acre within a proposed development shall be separated by at least 80 feet. (6) Clustered building lots may only be created through the subdivision, short subdivision or binding site plan process pursuant to WCC Title 21. 656 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 (7) Building lots shall be designed and located to be compatible with, and avoid disturbance of, critical areas or other valuable or unique natural resources or known archaeological sites, as well as physical constraints of the site. (8) Building lots shall be arranged in a cluster/concentrated pattern. (9) A cluster subdivision shall have no more than two common encroachments on existing county roads unless site constraints require additional road access. The arrangement of clustered building lots shall be designed to avoid development forms commonly known as linear, straight line or highway strip patterns. (10) As applicable, interior streets shall be designed to allow future vehicular access to any portion of the reserve tract which may be divided into future building lots; provided, that the required permanent open space reserve area, pursuant to WCC 20.71.352, shall not be further subdivided. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 20.71.352 Open space reserve area. (1) For purposes of this title, an "open space reserve area" shall be defined as that portion of a subdivision or short subdivision set aside in accordance with this chapter, and permanently dedicated for active or passive recreation, critical area protection, natural resource or archaeological site preservation, wildlife habitat and/or visual enjoyment, and shall be consistent with the definition of "open space" pursuant to WCC 20.97.275. (2) The open space reserve area shall be subject to the following provisions: (a) The minimum open space reserve area shall be determined by the minimum cluster subdivision reserve area requirements of the underlying zone district. (b) A permanent open space reserve area shall be protected using one of the following mechanisms: (i) Placement in a separate nonbuilding tract owned in common by all lots within the subdivision; or (ii) Covered by a protective easement or public or private land trust dedication which protects at least the minimum required cluster reserve area specified in the underlying zone district; or (iii) Preserved through an appropriate permanent protective mechanism that provides the same level of permanent protection as subsection (2)(b)(i) of this section as determined by 657 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 the county zoning administrator or hearing examiner which applies to at least the minimum required cluster reserve area specified in the underlying zone district. (c) The boundaries of the open space portion of the reserve area may be altered only if the county finds that in dedicating adjacent reserve areas it would further the objectives listed in WCC 20.71.350 by altering the reserve area and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in open space reserve area. (d) The purpose of the open space reserve area as defined in subsection (1) of this section shall be recorded on the face of the final plat or short plat. (e) The remaining unused development density and/or impervious surface allowances remaining on the parcel containing the open space reserve area, based on the gross density of the parent parcel, may be assigned to that portion of the reserve tract not subject to the minimum area requirements of subsection (2)(b) of this section. The density shall be recorded on the face of the final plat or short plat. The development rights assigned to the reserve tract in accordance with this subsection may not be transferred if the pervious surface area associated with the reserve tract has been transferred to the other building lots within the subdivision. (f) The requirements stated in subsections (2)(c) and (d) of this section shall be recorded as a restriction on the face of the final plat or short plat, and shall constitute an agreement between Whatcom County and the current/future owner(s) of record that shall run with the land. Said restriction(s) may be amended by mutual agreement between said parties after review for consistency and compliance with the official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance, and the Whatcom County Comprehensive Plan. (g) For cluster subdivisions approved after December 7, 1999, that portion of the reserve tract which is kept in pervious open space may be counted toward pervious surface area requirements for the building lots in the subdivision on a prorated basis. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 20.71.400 Building setback/buffer areas. .401 Setbacks for all properties within the overlay district shall be as follows: Class I and Class II roads shall have a minimum setback of 30 feet; and Class III, IV and V roads shall have a minimum setback of 20 feet; provided, that the road right-of-way meets the minimum standard for road rights -of -way pursuant to the Whatcom County Development Standards. .402 Roof overhangs or other overhanging architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend three feet into the front yard setback; • Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 however, in no case shall they extend more than one-half the depth of the front yard setback. (Ord. 2009- 009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-062 § 1, 2001; Ord. 2001- 021 § 1, 2001; Ord. 99-086, 1999). 20.71.600 Development criteria. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001). 20.71.601 Parking space dimensions. A standard parking space shall have the rectangular dimensions of 10 feet in width and 20 feet in length; provided, that for any parking area of six or more spaces, 50 percent of all spaces may have the rectangular dimensions of eight feet in width and 15 feet in length; and further provided, that these spaces are marked for use by compact automobiles. Except in single-family residential areas, all dimensions shall be exclusive of driveways, aisles and other circulation areas required under WCC 20.80.560 and 20.80.570. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003- 049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.602 Parking requirements. Parking shall conform to the requirements of WCC 20.80.500 through 20.80.590 unless otherwise specified in this section. Minimum parking requirements may be reduced through any of the following methods: (1) A shared parking agreement has been filed with the county auditor establishing a shared parking lot for land uses with noncompeting hours of operation, or for multitenant retail and commercial facilities; provided, the parking lot is not located further than 700 feet from any of the uses it is intended to serve. (a) The minimum required parking in shared facilities shall be based on the land use with the highest parking demand. (b) Mixed use developments with similar operating hours may be required to submit a parking demand study to determine if parking can be combined. (2) A 20 percent reduction may be approved if an establishment is located within 1,000 feet of any regularly scheduled bus stop. (3) The zoning administrator determines that a reduced requirement will reduce overall impervious surfaces while maintaining consistency with this title. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 659 Exhibit B - Removal of ""Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.603 Alternative surfacing methods. Alternative surfaces including, but not limited to, bark or wood mulch, washed gravel, grid/lattice systems, permeable interlocking pavers, pervious concrete, porous asphalt, and other similar approved materials are encouraged. Alternative surfacing methods may be approved for fringe or overflow parking areas; emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways, patios, driveways, and easement service roads in residential or commercial zones unless site constraints make use of such materials detrimental to water quality. Utilization of alternative surfacing methods shall be subject to review and approval by the Whatcom County public works department, the fire marshal and/or the county ADA coordinator for compliance with other applicable regulations and development standards. Surfaces shall be considered impervious surfaces under WCC 20.71.300 unless the following conditions are met: (1) Bark, wood mulch, and washed gravel shall be designed and installed so that all rain water falling upon the alternative surface will be infiltrated directly beneath the alternative surface without generating surface runoff based on the one-year, 24-hour storm event. (2) Other alternative surface methods shall be designed and installed in accordance with the guidelines in the 2005 Low Impact Development Technical Guidance Manual for Puget Sound or subsequent version, prepared by the Puget Sound Action Team (Publication No. PSAT 0503), as applicable. No pervious surface credit shall be given for projects utilizing an underdrain system. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-049 § 1, 2001; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.604 Vehicular access. Driveways and curb cuts shall be minimized along all arterial and collector roads. Each existing lot shall be allowed only one driveway or curb cut; adjacent lots are encouraged to share access points. In new developments, lots or leased sites shall be oriented toward internal driveways, parking areas, or roads with limited access to arterial or collector roads. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.700 Roads, curbs, gutters and sidewalks. The intent of this section is to reduce impervious surfaces and stormwater runoff. Innovative street sections, which do not compromise public safety, shall be encouraged in the watershed. Narrow streets and reduced sidewalk standards that satisfy pedestrian and vehicular circulation requirements may be implemented with the approval of the Whatcom County public works department. Unless specifically ••1 Exhibit B - Removal of ""Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 required, roads shall not be wider than the minimum applicable standard. A rural road standard may be approved by the Whatcom County public works department for urban density residential areas where the developer provides adequate off-street parking and pedestrian walkways. (Ord. 2009-009 Exh. A, 2009; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.80.635 Stormwater special districts. (1) Whatcom County shall establish the following geographical areas as stormwater special districts: (a) Drayton Harbor watershed. (s)-Lbj-Lake Samish watershed. WLc]Birch Bay watershed. (-}Ldj-Lake Padden watershed. (2) Requirements for these areas are contained in WCC 20.80.636 and in the Whatcom County Development Standards, Chapter 2. (Ord. 2009-009 Exh. B, 2009; Ord. 2008-035 Exh. A, 2008; Ord. 2005-030 § 1 Exh. A, 2005; Ord. 2004-051 Exh. A, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 20.80.636 Stormwater special district requirements. In areas designated as stormwater special districts (per WCC 20.80.635), permanent on -site stormwater quality and quantity facilities shall be required on all lots less than five acres in size for projects that meet either of the following criteria: (1) New construction or remodels that increase impervious surfaces by more than 500 square feet; or (2) Renovation projects where the estimated cost of the work exceeds 50 percent of the assessed value of the existing structure. Interior remodels, nonpolluting roof replacements, house maintenance and energy upgrades shall be exempt from this requirement. If stormwater quality and quantity facilities are required based on either of these criteria, the provisions of the Whatcom County Development Standards, Chapter 2, Section 221, shall apply to the entire property, unless it can be demonstrated that off -site facilities would provide better treatment, or unless common detention and water quality facilities meeting the standards of the 1996 Whatcom County Development Standards or the 1992 Department of Ecology Stormwater Management Manual for the Puget Sound 661 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 Basin (or more current versions) have been approved as part of a comprehensive stormwater management plan for that subdivision, binding site plan, short subdivision, or major development approval. (Ord. 2009-009 Exh. B, 2009; Ord. 2005-030 § 1 Exh. A, 2005; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 2000- 066 § 1, 2000). 20.80.735 Water resource special management areas. The purpose of a water resource special management area is to establish a more stringent standard for clearing activity in highly valued water resource areas, environmentally sensitive areas, or areas where natural conditions are so unstable that clearing activity in the areas can result in hazardous conditions. Implementation of best management practices, including phased clearing, tree retention and seasonal clearing limitations, is intended to limit the amount of exposed soils on site that are susceptible to erosion at any one time, thereby improving site stability during development and reducing potential for transport of dissolved pollutants and sediments off site. Preservation of existing trees on site also reduces the quantity and maintains the quality of stormwater leaving a site during and after development activities by encouraging interception, infiltration and evapotranspiration of rainfall and surface runoff. Whatcom County shall establish the following geographic areas as water resource special management areas: • Drayton Harbor watershed; . Lake Padden watershed; • Lake Samish watershed; and • Birch Bay watershed. (1) Water Resource Special Management Area Review Thresholds. County review and approval shall be required for clearing activities which exceed the following thresholds. If the clearing activity does not meet the threshold criteria, county review is not required. However, the owner is still subject to, and must comply with, the minimum requirements established in this chapter and in the Whatcom County Development Standards. (a) Lake WhatGOF,, Lake Samish and Lake Padden Watersheds. County review and approval shall be required for all clearing activities associated with a fill and grade permit, building permit or other 662 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 development proposal. Clearing activities which are not associated with a development permit shall require county review if they are: (i) Five thousand square feet or greater during the dry season, June 1st through September 30th; or (ii) Five hundred square feet or greater during the wet season, October 1 st through May 31 st. (2) Within water resource special management areas, clearing activity must conform to the following conditions: (a) Temporary erosion and sediment control shall be installed and inspected prior to any clearing activity. The technical administrator shall conduct periodic inspections to ensure the integrity of temporary erosion and sediment controls. Temporary erosion and sediment control measures include, but are not limited to, installation of silt fencing, installation of check dams, covering of excavation piles, and mulching of exposed soils, as specified in the Whatcom County Development Standards. (b) Phased Clearing. Construction activities and clearing activities shall be phased to limit the amount of exposed soil that occurs at any one time, if determined to be appropriate by the technical administrator, based on site characteristics or constraints including, but not limited to, slopes, proximity to shorelines and wetlands. A phased clearing plan may be required. A phased clearing plan, if required, shall be submitted for review and approval by the technical administrator prior to any clearing activity and shall contain a detailed construction schedule or timeline. (c) Soil Stabilization. All disturbed areas shall be provided with soil stabilization within two days of the time of disturbance. The technical administrator may approve an exemption to this requirement when a tree canopy area retention plan includes a soil stabilization plan. This plan component must specifically detail erosion and sediment control and stormwater runoff measures that provide runoff control equal to or greater than the protection provided by the standard two-day soil stabilization requirements of this section. (d) Tree Canopy Area Retention. In the Lake WhatGGm-, Lake Samish and Lake Padden watersheds, in addition to compliance with all other requirements of this title and other titles of the Whatcom County Code, clearing activities on any lot or parcel, with the exception of nonconversion forest practices occurring on lands platted after January 1, 1960, shall comply with the following provisions: (i) Existing tree canopy areas, as defined by the dripline of the tree(s), may be removed for purposes of a building site, driveways, parking areas, and areas to be landscaped, but such 663 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 areas shall not exceed a cumulative total of 5,000 square feet or 35 percent of the existing tree canopy area, whichever is greater. (ii) The following criteria shall be used to determine which tree canopy areas are to be prioritized for retention: (A) Stands of mature native trees; (B) Trees on sensitive slopes, on lands classified as having landslide hazards, or high erosion hazards, as defined under the critical areas ordinance; (C) Trees within critical areas or their associated setback and/or buffer areas as defined under WCC Title 16 or 23; or (b) Trees with significant habitat value as identified by a qualified wildlife biologist or by the technical administrator, per WCC Title 16. (iii) Existing trees and vegetation may be used to meet all or part of the landscaping requirements of this title. (iv) The county shall require that tree canopy areas to be retained are identified on a site plan and clearly flagged, or delineated, on the site. A tree canopy area retention plan must accompany a project or clearing permit application and be approved by the technical administrator before clearing activity takes place. The plan shall contain the following components: (A) A scaled drawing identifying the following: 1. North arrow; 2. Property boundaries; 3. Existing structures; 4. Site access; 5. Tree canopy areas to be removed; 6. The outer dripline of tree canopy areas to be retained; 7. Critical areas including, but not limited to, slopes, wetlands, and habitat conservation areas; M Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 8. Protection measures to be utilized for areas that will be undisturbed; and 9. Areas to be replanted pursuant to subsection (2)(d)(vii) of this section; (B) A planting schedule that indicates the time frame for replanting of trees as applicable; and (C) Provisions for maintenance and monitoring. (v) Prior to any clearing activity or development activity, any tree canopy area designated for retention shall be delineated by temporary fencing, tape, or other indicators around the outer dripline of the trees. Temporary fencing, tape, or other indicators shall be clearly visible and shall be maintained for the duration of the proposed clearing or development activity. Any tree canopy areas designated for retention shall be field verified by the technical administrator before clearing activities begin. Trees within canopy areas designated for retention shall not be damaged by clearing, excavation, ground surface level changes, soil compaction, or any other activities that may cause damage to roots or trunks. Machinery, impervious surfaces, fill and storage of construction materials shall be kept outside of the dripline of the tree canopy areas designated for retention. (vi) Tree canopy areas may be removed when limited to those canopy areas affected under the following circumstances: (A) Fire prevention methods when supported by the county fire marshal; (B) Hazard trees, as defined in Chapter 20.97 WCC, are identified (an evaluation and determination by a licensed arborist or forester may be required); (C) Encroachments where the trunk, branches or roots would be, or are, in contact with main or accessory structures; or (D) Where installation and/or maintenance of roads or utilities would unavoidably require removal or cutting through the root system. (vii) In the event that tree canopy areas in excess of the applicable threshold must be removed to facilitate reasonable use of the site, or to eliminate hazard trees, not less than two replacement trees shall be planted for every tree removed. Replacement trees shall: (A) Be of the same, or similar, native species as those trees removed from site; (B) Be planted to re-establish tree clusters where they previously existed, or to enhance protected tree clusters; 665 Exhibit B - Removal of "Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 20.80.635, and 20.80.735 (C) Be planted in locations appropriate to the species' growth habitat and horticultural requirements; and (D) Be located away from areas where damage is likely. (viii) If any trees within canopy areas designated for retention are damaged or destroyed through the fault of the applicant, agent or successor, the applicant, their agent or successor shall restore the site pursuant to a restoration plan approved by the county. (ix) The county may require a bond or other security in an amount not to exceed 125 percent of the merchantable timber to guarantee retention of existing trees within designated canopy areas during construction. In the event of a dispute between the landowner and the county over the established value, an assessment will be made by a professional forester or arborist whose selection will be made by mutual agreement between the county and the landowner. The fee for the services of the professional forester or arborist shall be paid by the landowner or responsible party. In the event any trees designated to be retained are removed, the county shall require that sufficient trees be re -planted to replace those previously in existence. In the event that replanting does not occur, the county may enforce upon any bond posted. Each tree removed or destroyed shall constitute a separate violation. (e) Seasonal Clearing Activity Limitations. In the Lake WhatGom, Lake Samish and Lake Padden watersheds, clearing activity, as defined in WCC 20.97.054, that will result in exposed soils exceeding 500 square feet shall not be permitted from October 1st through May 31st; provided, that: (i) In addition to the clearing activities exempted under WCC 20.80.733, the zoning administrator may approve an exemption to this requirement for the following activities: (A) Routine maintenance and repair of erosion and sediment control measures; (B) Activities located at or waterward of the ordinary high water mark subject to state, federal, and/or local (per Chapter 16.16 WCC and/or WCC Title 23) conditions of approval requiring commencement of clearing activity during the wet season, as defined in subsection (1)(a)(ii) of this section, for purposes of minimizing surface water disturbance and site inundation by high water or wave action; (C) Activities necessary to address an emergency that presents an unanticipated and imminent threat to public health, safety or the environment that requires immediate action within a time too short to allow full compliance with this section. Upon abatement of the emergency situation, the clearing activity shall be reviewed for consistency with this chapter and may be subject to additional permit requirements; provided, that the * Exhibit B - Removal of ""Lake Whatcom watershed" reference in Whatcom County Code Sections 20.71, 2O.8O.635, and 20.80.735 applicant shall make a reasonable attempt to contact the zoning administrator prior to the activity. When prior notice is not feasible, notification of the action shall be submitted to the zoning administrator as soon as the emergency is addressed and no later than two business days following such action. Emergency construction does not include development of new permanent protective structures where none previously existed. (ii) To ensure compliance with subsection (2)(e) of this section, Whatcom County planning and development services shall not issue development permits requiring more than 500 square feet of land disturbance located within the Lake WhatGGm, Lake Samish or Lake Padden watersheds within two weeks prior to the watershed seasonal closure on October 1st. (iii) Soil disturbance associated with an exempt clearing activity shall be minimized to the maximum extent practicable. The zoning administrator shall have the authority to condition an exempt activity to ensure that temporary erosion and sediment control measures will be implemented. (iv) An exemption from the seasonal land clearing requirements of this section does not grant authorization for any work to be done in a manner that does not comply with other provisions of this chapter or other applicable development regulations. (f) One Hundred Fifty Percent Violation Fines. When a violation occurs in an area designated as a water resource special management area the total fine assessment shall be increased to 150 percent of the standard penalty as provided for in Chapter 20.94 WCC, Enforcement and Penalties. (Ord. 2010-006 Exh. A, 2010; Ord. 2010-001 Exh. A, 2010; 2009-056 Exh. A, 2009; Ord. 2009-009 Exh. B, 2009; Ord. 2005-074 § 1, 2005; Ord. 2005-061 Exh. A, 2005; Ord. 2005-032 Exh. A, 2005; Ord. 2005-030 § 1 Exh. A, 2005; Ord. 2004-051 Exh. A, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003- 032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-053, 2002; Ord. 2002-034, 2002). 667 EXHIBIT C- Planning Commission Recommended definitions for WCC 20.97 Current Stormwater Manual- The Washington State Department of Ecology (WSDOE) Stormwater Management Manual for Western Washington edition that is in effect on the date that the County receives a complete application for the project, work, or activity. Demonstrative BMPs- Those BMPs that do not otherwise qualify as presumptive. Development stormwater- Stormwater that results from non-native vegetated areas. Development runoff- Runoff that results from non-native vegetated areas. Development stormwater runoff- Stormwater runoff that originates from non-native vegetated areas. Engineered design- A design performed, and/or supervised, by a Washington State licensed professional engineer. Forested Area — The area encompassed by the tree canopy and any native vegetation that occurs within the boundaries of the tree canopy. Hazard Tree — Any tree that is susceptible to immediate fall due to its condition (damaged, diseased, or dead) or other factors, and which because of its location is at risk of damaging permanent physical improvements to property or causing personal injury. Interflow- The portion of precipitation that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface, e.g., in a roadside ditch, a wetland, a spring, or a seep. Interflow is a function of the soil system depth, permeability, and water -holding capacity. Land disturbing activity- Activity that results in a movement of earth or a change in the existing soil cover (both vegetative and non -vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land -disturbing activity. May- Permissive action. Native Vegetation — Vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been W. EXHIBIT C- Planning Commission Recommended definitions for WCC 20.97 expected to naturally occur on the site. Examples include trees such as Douglas Fir, Western Hemlock, Western Red Cedar, Alder, Big -leaf Maple, and Vine Maple; shrubs such as willow, elderberry, salmonberry and salal; and herbaceous plants such as sword fern, foam flower, and fire weed. (From Department of Ecology Stormwater Manual) Natural runoff- Runoff that originates from native vegetated areas. Natural stormwater- Stormwater that originates from native vegetated areas. Natural stormwater runoff- Stormwater runoff that originates from native vegetated areas. Net land area disturbed- The quantity of disturbed native vegetated land area minus the quantity of any non-native vegetated land area converted to native vegetation by a proposed project, work, or activity. Net new impervious surface area- The quantity of new minus the quantity of any existing impervious surface area converted to native vegetation by a proposed project, work, or activity. Net new permeable pavement areas- The quantity of new permeable pavement area minus the quantity of any existing permeable pavement area converted to native vegetation by a proposed project, work, or activity. Net replaced impervious surface area- The quantity of replaced impervious surface area minus the quantity of any existing impervious surface area converted to native vegetation by a proposed project, work, or activity. Net replaced permeable pavement areas- The quantity of replaced permeable pavement area minus the quantity of any existing permeable pavement area converted to native vegetation by a proposed project, work, or activity. Permeable pavement- Pervious concrete, porous asphalt, permeable pavers, or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. Phosphorus -mitigated- Areas where the development stormwater runoff phosphorus loading profile does not exceed the corresponding natural stormwater runoff phosphorus loading profile. ••• EXHIBIT C- Planning Commission Recommended definitions for WCC 20.97 Phosphorus neutral- Areas where the development stormwater runoff phosphorus loading profile does not exceed the natural stormwater runoff phosphorus loading profile from that area. Phosphorus -unmitigated- Areas where the development stormwater runoff phosphorus loading profile exceeds the corresponding natural stormwater runoff phosphorus loading profile. Presumptive BMPs- Those BMPs that will require no additional development stormwater runoff flow control or treatment per current Stormwater Manual declaration once physically established in compliance with all current Stormwater Manual criteria. Replaced impervious surface — For structures, the removal and replacement of impervious surfaces down to the foundation. For other impervious surfaces, the removal down to bare soil or base course and replacement. (From Dfaft-2012 DOE Stormwater Manual) Replaced impervious surface area- For structures, the removal and replacement of impervious surfaces down to the foundation. For other impervious surfaces, the removal down to bare soil or base course and replacement. Replaced permeable pavement area- The removal and replacement of permeable pavement areas down to bare soil or base course and replacement. Runoff- The portion of precipitation that does not evaporate or naturally percolate into the ground, but flows via one or more of the following means: • surface or overland flow, • interflow, • shallow ground water, into one or more of the following: • stormwater drainage facilities, • defined surface waterbodies (e.g., rivers, streams, creeks, sloughs, ponds, lakes), • springs, • seeps, • wetlands Shall- Mandatory action. Should- Recommended action, but not mandatory or required. 3 670 EXHIBIT C- Planning Commission Recommended definitions for WCC 20.97 Stormwater- The portion of precipitation that does not evaporate or naturally percolate into the ground, but flows via one or more of the following means: • surface or overland flow, • interflow, • pipes and other features of a stormwater drainage system, into one or more of the following: • defined surface waterbodies (e.g., rivers, streams, creeks, sloughs, ponds, lakes), • constructed infiltration facilities. Stormwater runoff- The portion of precipitation that does not evaporate or naturally percolate into the ground, but flows via one or more of the following means: • surface or overland flow, • interflow, • shallow ground water, • pipes and other features of a stormwater drainage system, into one or more of the following: • defined surface waterbodies (e.g., rivers, streams, creeks, sloughs, ponds, lakes), • springs, • seeps, • wetlands. 4 671 Exhibit D Whatcom County Comprehensive Plan, Chapter 2: Updates to reflect the addition of the Lake Whatcom Watershed Overlay District Policy 2DD-2: Protect the character of the rural area through the County's development regulations. In addition to the policies of this plan that provide measures governing rural development, the following County's key development regulations are incorporated into this plan by reference to assure that the plan contains measures to protect rural character: C. Measures to protect critical areas and surface and groundwater resources: 3. Preserve and protect unique and important water resources through development standards in WCC 20.71 Water Resource Protection Overlay District and WCC 20. 51 Lake Whatcom Watershed Overlay District adopted herein by reference. 4. Protect surface and ground water resources through stormwater management standards established in the County's Development Standards per WCC 20.80.630, WCC 20. 51, and 12.08.035 and referenced in the following Zoning Code provisions, adopted herein by reference: a. 20.32.656 Drainage, Residential Rural District; b. 20.34.659 Drainage, Rural Residential -Island District; c. 20.36.656 Drainage, Rural District; d. 20.37.655 Drainage, Point Roberts Transitional District; e. 20.44.652 Drainage, Recreation and Open Space District; f. 20.59.704 Drainage, Rural General Commercial District; g. 20.60.655 Drainage, Neighborhood Commercial District; h. 20.61.704 Drainage, Small Town Commercial District; i. 20.63.654 Drainage, Tourist Commercial District; j. 20.64.655 Drainage, Resort Commercial District; k. 20.67.653 Drainage, General Manufacturing District; I. 20.69.655 Drainage, Rural Industrial and Manufacturing District. 8. Limit phosphorus entering Lake Whatcom through WCC 20. 51 Lake Whatcom Watershed Overlay District and Lake Whatcom and Lake Samish due to the application of commercial fertilizers to residential lawns and public properties through WCC 16.32, adopted herein by reference. Comp Plan Changes related to Lake Whatcom Watershed Overlay District Page �44 PLN2011-00015 May 20, 991Z WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-208 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: ��� 5 2 7- 1 i`� r� 6 / 4 / 13 6 18 13 Intro Division Head:R Hearing Y 2 8 2013 Dept. Head: HTCOM COUNTY ��jlf.�l�✓ Prosecutor.,��' COUNCIL s ���\� Purchasing/Budget: s jj J Executive: TITLE OF DO 16VENT.• An Ordinance Establishing the Superior Court Fourth Judge Courtroom Renovation Project Fund and Establishing a Project Based Budget for the Project. ATTACHMENTS. Ordinance & Budget Modification Requests SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: 6 / 18 / 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.) To establish the Superior Court Fourth Judge Courtroom Renovation Project Fund and to appropriate $200,000 to fund the architect and engineering phase of the project. COMMITTEE ACTION: COUNCIL ACTION. 6/04/2013: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number. 673 SPONSORED BY: Executive PROPOSED BY: Executive INTRODUCTION DATE: 06/04/13 ORDINANCE NO. ESTABLISHING THE SUPERIOR COURT FOURTH JUDGE COURTROOM RENOVATION PROJECT FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR THE SUPERIOR COURT FOURTH JUDGE COURTROOM RENOVATION PROJECT WHEREAS, the Washington State Legislature has recently approved the addition of a fourth Superior Court judge for Whatcom County, and WHEREAS, the Courthouse needs renovations to accommodate space needs for a new courtroom and additional staff, and WHEREAS, the initial architect and engineering phase of the project will be funded by a transfer from the General Fund; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a new fund is hereby established titled "Superior Court Fourth Judge Courtroom Renovation". This fund shall be used to account for the expenditures and revenues for the construction of said project, and, BE IT FURTHER ORDAINED by the Whatcom County Council that the Superior Court Fourth Judge Courtroom Renovation project is approved with an initial project budget of $200,000 as described in Exhibit A. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: &-_,iz. hjA") Civil Deputy Prosecutor , 2013. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: 674 -EXH151 r 4 Supplemental Budget Request Status: Pending Administrative Services Facilities Management Supp7 ID # 1548 j Fund Cost Center Originator: Michael Russell ........ Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Courthouse Courtroom Renovations X ' m � ..... Dep ment Head Sig ture (Required on Hard Copy Submission) Date Costs: I Object Object Description Amount Requested -__ _—- 6630 Professional Services $200,000 -------------.......---- --- ------ ___ .-... -------........................ ..............� 8301.4530 Op Trf In - Non -Departmental I ($200,000) Request Total $0 - - _ ----- 1a. Description of request: Programming, Pre -design, Design, Bid Specifications, and Construction Administration for the New Courtroom. This will include modifications to the South 2nd floor courtroom to convert it into a Superior Courtroom. Then a remodel of the conference room 512 and corridor into a Commissioners Courtroom. Plus a remodel of an empty space on the 5th floor for the Commissioners Chambers. 1b. Primary customers: The citizens of Whatcom County and all of the Cities we serve. 2. Problem to be solved: The State of Washington has approved an additional Superior Court Judge for Whatcom County. This additional Superior Court Judge will require the County to do some modifications to the Courthouse to provide the required Courtroom and ancillary space needed for the additional Superior Court Judge. 3a. Options / Advantages: This additional Superior Court Judge and Courtroom has been a long awaited goal for the County and its citizens. The completion of this work will help to relieve the backlog of cases waiting for a Courtroom and a Superior Court Judge. 3b. Cost savings: The cost savings will be in the ability for the county and its citizens to expedite being heard by a Superior Court Judge. 4a. Outcomes: The outcome will be to meet the requirements that an additional Superior Court Judge will need to accomplish his/her duties. The completion of a new Courtroom and ancillary space needed for the additional Superior Court Judge, 4b. Measures: The completion of this work will help to relieve the backlog of cases waiting for a Courtroom and a Superior Court Judge 5a. Other Departments/Agencies: County Courts and Facilities 5b. Name the person in charge of implementation and what they are responsible for. Michael Russell 6. Funding Source: General Fund Tuesday, May 21, 2013 Rpt: Rpt Suppl Regular 675 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-180 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Gary Davis ��� /! i 51712013 Introduction �j `1 © �C Division Flead: / �`�4 "�� 512112013 SCO'l�i/Heazing Mark Personious U ll �Vf MAY 14 2013 ,' �I AT C i� ICOUNTY 6/04/2013 scm Dept. Flead: SamRyan 3 6/18/2013 Public Hearing Prosecutor: Royce Buckingham ry Purchasing/Budget: COUNCIL Executive: ® ' Jack Louivs 1 1 I TITLE OF D6CM WENT. Ordinance amending WCC Title 20, zoning maps, CP & maps, related to rural zoning ATTACHMENTS: 1. Proposed Ordinance, including draft amendments and Findings of Fact and Reasons for Action 2. Staff Memorandum SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X') Yes O NO SEPA review completed? ( X ) Yes ( ) NO Requested Date 'The Council must hold a hearing if they want to change the Planning Conmtission's recomnnendalion IWCC 2.160.100(2)1. SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) A proposed ordinance to amend the Whatcom County Comprehensive Plan Chapter Two (Land Use); Whatcom County Code Title 20 (Zoning) Chapters 20.32 Residential Rural (RR) District, 20.34 Rural Residential -Island (EI) District, 20.36 Rural (R) District, 20.37 Point Roberts Transitional Zone (TZ) District, 20.71 Water Resources Protection Overlay, 20.80 Supplementary Requirements, 20.82 Public Utilities, and 20.97 Definitions; Whatcom County Code Title 24 (Health) Chapter 24.11 Drinking Water; and to amend the Whatcom County Comprehensive Plan Map 8 (Land Use Designations) and the official zoning map in the areas generally described as Birch Bay-Lynden & Valley View, Fort Bellingham/Marietta, North Bellingham, Smith & Guide Meridian, and Welcome. COMMITTEE ACTION: COUNCIL ACTION. 5/21/2013: Discussed in executive session 5/07/2013: Introduced 5/21/2013: Discussed. Public Hearing tonight. Schedule 5/21/2013: Referred to COTW June 4. Record "held open to in special COTW on -,June 4 for discussion & amendments. May 31, 2013, at 4:30 p.m. 6/04/2013: Discussed in executive session 6/04/2013: Introduced Substitute version 6--1, Weimer 6/04/2013: Amended in SCOT-W opposed Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2012-00012 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. 676 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. ORDINANCE AMENDING WHATCOM COUNTY ZONING CODE TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING MAP, AND THE WHATCOM COUNTY COMPREHENSIVE PLAN AND MAPS, TO IMPLEMENT CHANGES RELATING TO RURAL LAND USE PLANNING WHEREAS, the Washington State Growth Management Act (GMA) requires Whatcom County to include a rural element in its Comprehensive Plan that governs rural development; and WHEREAS, time is of the essence to complete the revisions of Whatcom County's rural element due to an order of the Western Washington Growth Management Hearings Board in Futurewise v. Whatcom County, Case No. 11-2- 0010c; and WHEREAS, the recommended amendments have been considered by the Whatcom County Planning Commission, the Whatcom County Council Planning and Development Committee and the Whatcom County Council; and WHEREAS, legal notice requirements have been met; and WHEREAS, the County Council finds the Comprehensive Plan and zoning amendments in the interest of the public health, safety, and welfare, based on the following findings and conclusions: FINDINGS OF FACT: 1) Whatcom County proposes amendments to its Comprehensive Plan, Zoning Code, and Zoning Maps in response to the Washington State Growth Management Hearings Board's January 4, 2013 Compliance Order (GMHB No. 11-2-0010c). 2) An addendum to the May 1, 2009 determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on April 12, 2013. 3) The proposed amendments were posted on the County website on March 11, 2013. 4) Notice that the proposal had been posted on the County website was sent to citizens, citizens groups, cities, service providers, media and other groups on the County's e-mail list on March 11, 2013. 5) Notice of the subject amendment was submitted to the Washington State 677 Rural Element Ordinance June 4, 2013 Department of Commerce on March 11, 2013. 6) Notice of the Planning Commission hearings for the subject amendment was published in the Bellingham Herald on March 16, 2013. 7) Notice of the Planning Commission hearing for the subject amendment was posted on the County's website on March 8, 2013. 8) The Planning Commission held a public hearing on the subject amendment on March 28, 2013. GMA Requirements 9) The Washington Growth Management Act (GMA) requires county comprehensive plans to include a rural element that protects the county's established rural character by containing or otherwise controlling rural development. 10) GMA (RCW 36.70A.070(5)(a)) allows counties to consider local circumstances in its rural element but requires counties to develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of RCW 36.70A. (See Conclusions 2 and 3 below). 11) GMA allows, but does not require, counties to designate "limited areas of more intensive rural development" (LAMIRDs) (RCW 36.70A.070(5)(d)) and describes three types of development patterns that may be considered LAMIRDs: a) Type I: "Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed -use areas, whether characterized as shoreline development villages, hamlets, rural activity centers, or crossroads developments ... Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas." (RCW 36.70A.070(5)(d)(i)) In RCW 36.70A.070(5)(d)(iv), GMA states, "Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands as provided in this subsection." GMA requires counties to establish logical outer boundaries for areas of more intensive rural development and describes considerations that must be addressed in establishing those boundaries Per RCW 36.70A.070(5)(d)(v), existing areas are those that existed on July 1, 1990. b) Type II: "The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting but that do not include new residential development..." (RCW 36.70A.070(5)(d)(ii) c) Type III: "The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the 2 Rural Element Ordinance June 4, 2013 existing and projected rural population and nonresidential uses , but do provide job opportunities for rural residents..." (RCW 36.70A.070(5)(d)(iii) 12) GMA requires that the rural element of a county comprehensive plan provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses, and allows counties to use innovative zoning techniques that will accommodate appropriate rural densities and uses that are consistent with rural character. 13) GMA requires that the rural element of a county comprehensive plan provide measures governing rural development that protect the rural character by: a) Containing or otherwise controlling rural development; b) Assuring visual compatibility of rural development with the surrounding rural area; c) Reducing the inappropriate conversion of undeveloped land into sprawling, low -density development in the rural area; d) Protecting critical areas, as provided in RCW 36.70A.060, and surface and ground water resources; and e) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. 14) GMA requires local governments that are required or choose to plan under GMA to utilize a process established by the Washington State Attorney General to assure that proposed regulatory or administrative actions do not result in an unconstitutional taking of private property. (RCW 36.70A.370) The Whatcom County Prosecutor's office informed the Planning Commission and County Council of this requirement and, in accordance with Attorney General's Advisory Memorandum, advised them regarding the proposed amendments with respect to avoiding unconstitutional taking of private property. 15) The legislature finds that to retain and enhance the job base in rural areas, rural counties must have flexibility to create opportunities for business development. Further, the legislature finds that rural counties must have the flexibility to retain existing businesses and allow them to expand. (RCW 36.70A.011) Growth Management Hearings Board Decisions: Futurewise vs. Whatcom County 16) In Futurewise v. Whatcom County and Gold Star Resorts, Inc. (#05-2-0013 Sept. 20, 2005 Final Decision and Order), the Western Washington Growth Management Hearings Board (WWGMHB) found Whatcom County out of compliance on three issues: The policies pertaining to Small Town, Crossroads Commercial, Resort and Recreational Subdivision, Suburban Enclave, and Transportation Corridor land use designations allow the creation of more intensive areas of rural development that do not comply with RCW 36.70A.070(5)(d); The Rural Residential zones (RR-1, RR-2, RR-3), Eliza Island 679 Rural Element Ordinance June 4, 2013 (EI) zone, Rural two -acre (R-2A), and Rural Residential Island (RRI) zones allow residential densities that are not rural in the rural areas and are not in limited areas of more intensive rural development per RCW 36.70A.070(5)(d); and Urban Residential three -per -acre (UR-3) zoning in urban growth areas (except the UR-3 in Lake Whatcom watershed and the airport hazard area) failed to achieve appropriate urban densities. 17) In June, 2007 Whatcom County rezoned approximately 1,700 acres in the Ferndale and Everson UGAs to UR-4 in 2007 (Ord. 2007-030 and 2007-045) to address the urban density noncompliance issue in the September 20, 2005 Futurewise v. Whatcom County and Gold Star Resorts, Inc. decision. 18) The WWGMBH issued a finding of compliance on the urban density issue on August 30, 2007. 19) The September 20, 2005 Futurewise v. Whatcom County and Gold Star Resorts, Inc. decision relating to the land use designations and rural density issues was reversed in Whatcom County Superior Court in 2006. The Superior Court decision was, in turn, reversed by the Division I Court of Appeals in 2007, which reinstated the 2005 WWGMHB decision and ordered Whatcom County to comply with that decision (140 Wn. App, 378). In December, 2009 the Supreme Court of the State of Washington reversed the Court of Appeals' holding that the hearings board did not improperly apply a bright line in addressing the challenge to Whatcom County's rural densities, but affirmed the Court of Appeals' decision that Whatcom County's comprehensive plan did not comply with the Growth Management Act's LAMIRD provisions. The Supreme Court remanded the rural density challenge to the Hearings Board for reconsideration without applying a bright line rule, and ordered Whatcom County to "revise its comprehensive plan to conform to the LAMIRD provision of the Growth Management Act and then apply the statutory criteria to establish appropriate areas of more intensive rural development." (167 Wn.2d 723, 735, 222 P.3d 791) 20) In August, 2009 Whatcom County amended Whatcom County Code (WCC) Chapter 20.34 Rural Residential - Island District (one of the zones found to be out of GMA compliance in the 2005 Futurewise vs. Whatcom County decision) to change the required minimum lot size from three acres to five acres (Ord. 2009- 062). 21) On May 10, 2011, Whatcom County adopted Ordinance 2011-013, amending the Comprehensive Plan and zoning code in response to the 2005 Growth Management Hearings Board (GMHB) decision and the 2009 Supreme Court decision. 22) In 2011 the Washington Supreme Court issued a ruling in Kittitas County (172 Wash.2d 144) regarding the GMA requirement that county comprehensive plans must contain measures that protect the rural character. 23) On September 9, 2011, the GMHB Order Following Remand from the Supreme Court regarding the remaining rural density from case #05-2-0013 (remanded by the 2009 Supreme Court decision) found Ordinance 2011-013's retention of rural zoning with density of one dwelling per two acres was 0 Rural Element Ordinance June 4, 2013 compliant with the GMA because it was limited to areas in which similar densities had already been established. 24) On November 9, 2011, Whatcom County adopted Ordinance 2011-043, making modifications to Ordinance 2011-013, including changing Rural Residential Density Overlay provisions and restricting location of certain commercial and industrial zoning districts. 25) The January 9, 2012 GMHB Final Decision and Order (FDO) in Futurewise et a/ v. Whatcom County (#11-2-0010c) found the amendments adopted under Ordinance 2011-013 out of compliance with respect to several issues involving Comprehensive Plan policies, LAMIRD boundaries and development regulations, and found invalidity on some of those issues. 26). The January 4, 2013 GMHB Compliance Order in Futurewise et a/ v. Whatcom County (#11-2-0010c) found some amendments adopted under Ordinance 2012-032 out of compliance with respect to several issues involving Comprehensive Plan policies, LAMIRD boundaries and development regulations, and found invalidity on some of those issues. 27) The January 4, 2013 GMHB Compliance Order in Futurewise et a/ v. Whatcom County (#11-2-0010c) found the population monitoring requirements of Policy 2DD-1 adopted by Ordinance 2012-032 does not create an internal inconsistency which violates GMA and is a "measure to contain and control rural development" that complies with GMA. 28) The January 4, 2013 GMHB Compliance Order in Futurewise et a/ v. Whatcom County (#11-2-0010c) found the establishment of Rural Neighborhoods by Ordinance 2012-032, based on 2011 development patterns of established higher rural densities, is compliant with GMA. However, the order found the boundaries of the Fort Bellingham/Marietta, North Bellingham, and Welcome Rural Neighborhoods create an internal inconsistency because of the number of large lots included within those boundaries. Other Relevant Growth Management Hearings Board Decisions 29) Regarding the term "built environment," the built environment includes those facilities which are manmade, whether they are above or below ground, and the built environment must predominate within a LAMIRD, though it may include limited undeveloped lands. (Anacortes vs. Skagit County, Case No. 00-2-0049c, Final Decision and Order, February 6, 2001) 30) The WWGMHB found that RCW 36.70A.115 does not impose an obligation on counties to conduct a needs and capacity analysis for areas outside the UGAs and that provision does not require a rural lands analysis but instead merely requires the County to ensure sufficient capacity of land for development to accommodate the growth allocated in the County's countywide planning policies. (Friends of Skagit County vs. Skagit County, Case No. 07-2-0025c, Final Decision and Order, pp-43-43, May 12, 2008) 31) The WWGMHB found the uses a county allows within LAMIRDs designated per RCW 36.70A.070(5)(d)(i) must be consistent with (though not necessarily the Rural Element Ordinance June 4, 2013 same as) the uses as of July 1, 1990, and allowance of a broader range of uses as conditional uses is not compliant with GMA. (Dry Creek Coalition and Futurewise vs. Clallam County, Case No. 07-2-0018c, Final Decision and Order, April 23, 2008) 32) The WWGMHB found Clallam County's Rural Neighborhood Conservation (NC) Overlay (Clallam County Code 33-10-015), which permits rural densities outside LAMIRDs greater than one dwelling per five acres based on a calculation of the density of developed lots within 500 feet of a property, to be compliant with the Growth Management Act. The Board stated, "Because infill allowed by the NC overlay is limited to neighborhoods that have already been substantially developed, this will not lead to the 'inappropriate conversion of undeveloped lands into sprawling, low -density development..."', a reference to Goal 2 of the GMA. (Dry Creek Coalition and Futurewise v. Clallam County, WWGMHB No. 07- 2-0018c, Compliance Order, November 3, 2009, p.10) 33) The Washington State Supreme Court has held that a growth management hearings board cannot base its evaluation of a county's permitted rural densities on a "bright line" rural density of one dwelling per five acres. (Thurston County vs. Western Washington Growth Management Hearings Board, 164 Wn.2d 329, 190 P.3d 38, 2008; and Gold Star Resorts vs. Futurewise and Whatcom County, 167 Wn.2d 723, 735, 222 P.3d 791, December 17, 2009) 34) The WWGMHB found Whatcom County used appropriate Type I LAMIRD criteria to revise its comprehensive plan designation boundary in the Lake Samish area. (Leenstra vs. Whatcom County, WWGMHB Case No. 03-2-0011, Final Decision and Order, September 26, 2003) 35) The WWGMHB found Jefferson County was not clearly erroneous when it designated a LAMIRD adjacent to an urban growth area where the City of Port Townsend had decided it was inappropriate to expand its urban growth area. (People for a Liveable Community, Jim Lindsay, et al. vs. Jefferson County, WWGMHB Case No. 03-2-0009c, Final Decision and Order, August 22, 2003) 36) The WWGMHB found that the use of the term "or" rather than "and" in RCW 36.70A.070(d)(i)(C) "appears to indicate a Legislative determination that the factors of building size, scale, use, or intensity are ones that may be considered in determining the character of the existing area, but that development is not required to meet every one of those parameters. If the Legislature had intended to use the word 'and' in the statute, they would have done so." (Dry Creek Coalition vs. Clallam County, WWGMHB Case No. 08-2-0033, Final Decision and Order, June 12, 2009, p.8) Whatcom County Policy and Requirements 37) WCC 2.160.080 requires that, in order to approve the proposed comprehensive plan amendments the Planning Commission and County Council must find all of the following: M Rural Element Ordinance June 4, 2013 a) The amendment conforms to the requirements of the Growth Management Act, is internally consistent with the county -wide planning policies and is consistent with any interlocal planning agreements. b) Further studies made or accepted by the Department of Planning and Development Services indicate changed conditions that show need for the amendment. c) The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: i) The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan. ii) The anticipated effect on the ability of the county and/or other service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. iii) Anticipated impact upon designated agricultural, forest and mineral resource lands. d) The amendment does not include or facilitate spot zoning. e) Urban growth area amendments that propose the expansion of an urban growth area boundary are required to acquire development rights from a designated TDR sending area, with certain exceptions. 38) Whatcom County's County -wide Planning Policies include policies related to rural lands: a) County -wide Planning Policy B.1 states, "The county shall work with citizens to define a variety of types of rural areas based on the characteristics and needs of different areas." b) County -wide Planning Policy B.2 states, "The county shall discourage urban level development outside Urban Growth Areas and outside of areas currently characterized by a development threshold greater than a rural development density." c) County -wide Planning Policy B.3 states, "Whatcom County shall promote appropriate land uses and allow for infill within rural settlements characterized by existing commercial industrial, and intensive residential development greater than a rural development density. These areas should be clearly delineated and not expanded beyond logical outer boundaries in accordance with RCW 36.70A.070(5). Impacts on rural character, critical areas and other economic considerations as well as the availability of capital 7 Rural Element Ordinance June 4, 2013 facilities and rural levels of service must be considered before allowing infill in these areas." d) County -wide Planning Policies P.1 and P.2 reflect GMA Planning Goal (6) (RCW 36.70A.020(6), which states private property shall not be taken for public uses without just compensation, and Whatcom County Charter Section 1.11, which states no regulation or ordinance shall be drafted and adopted without consideration of and provisions for compensation to those unduly burdened. Public Participation 39) Whatcom County's County -wide Planning Policies include policies related to citizen involvement: a) County -wide Planning Policy A.2 states, "The county and the cities shall provide opportunities for citizens to become involved in the growth management planning process through various mechanisms, such as surveys, public workshops, meetings, hearings, and advisory committees." b) County -wide Planning Policy A.4 states, "Citizen comments and viewpoints shall be incorporated into the decision -making process in development of draft plans and regulations. Consideration of citizen comments shall be evident in the decision -making process." 40) Whatcom County's Rural Element update process has provided extensive citizen participation opportunities since it began in late 2008. The Whatcom County Planning Commission held open work sessions on the most recent set of proposed amendments on March 14, March 28, April 11, and April 25, 2013 and held a public hearing on March 28, 2013. The County Council held open work sessions on May 21 and June 4, 2013, and held a public hearing on May 21, 2013. Since publication of the first draft amendments on March 11, 2013, the most current draft amendments have been continuously posted on the County's web site, as have all documents presented to the Planning Commission and all written public comments. Whatcom County Planning and Development Services has sent e-mail notifications to interested parties regarding upcoming events and posted drafts on January 7, January 25, March 7, March 11, March 28, April 1, April 5, April 29, May 7, May 17, and May 22, 2013. CONCLUSIONS: 1) The proposed amendments are consistent with the goals and requirements of the Washington Growth Management Act (GMA) and are in the public interest, and the proposed amendments to Whatcom County Code and the Official Zoning Maps are consistent with the Comprehensive Plan. 2) The rural element of the Comprehensive Plan harmonizes the GMA planning goals in RCW 36.70A.020. a. Urban growth. Comprehensive Plan Policy 2DD-1 encourages development in urban areas by concentrating growth in urban areas per the adopted population projections and monitoring rural growth and taking actions as A Rural Element Ordinance June 4, 2013 necessary to keep rural growth consistent with adopted projections. The proposed amendments do not affect this policy. b. Reduce sprawl. Proposed Comprehensive Plan Policy 2DD-8 and policies guiding growth within rural land use designations (under Goals 2GG, 2JJ, 2KK, 2LL) reduce the inappropriate conversion of undeveloped land into sprawling, low density development in the rural area through use of LAMIRDs with clearly defined boundaries and criteria for creating or changing those boundaries consistent with RCW 36.70A.070(5)(d). Policies 21vIM-1 and 2 control and contain areas of higher rural densities. The proposed amendments do not affect these policies. c. Transportation. Comprehensive Plan Policy 2DD-1, which encourages growth in urban areas and keeps rural growth consistent with adopted projections, is consistent with effective planning of efficient countywide multimodal transportation systems. Policies 2FF-1, 2FF-2, 2FF-4 and the text describing rural character and lifestyle support rural employment opportunities, which can reduce vehicle trips from rural to urban areas. The proposed amendments do not affect these policies. d. Housing. Comprehensive Plan Policies 2GG-2 and 2GG-3, in conjunction with the development regulations in WCC 20.32 Residential Rural District and 20.36 Rural District, allows for residential development at a variety of densities appropriate to established rural character and development patterns. The proposed amendments change Policy 2GG-3 to restrict rezones from R10A zoning in order to better ensure a variety of rural densities. e. Economic development. Comprehensive Plan Policies 2DD-8, 2DD-9, 2EE- 8, 2FF-1, 2FF-2, 2FF-3, 2FF-4, and 2JJ-5 support retention and expansion of existing businesses in rural areas within the capacity of natural resources and appropriate levels of rural services. The proposed amendments do not affect these policies. f. Property rights. Neither the rural element nor the process leading to its adoption has taken private property for public use without just compensation or involved arbitrary and discriminatory actions. On March 28, 2013 the Planning Commission was briefed on the Attorney General's Advisory Memorandum on Avoiding Unconstitutional Takings of Private Property, and on May 21, 2013 the County Council was briefed on the memorandum, per RCW 36.70A.370. g. Permits. Nothing in the rural element prevents permit applications from being processed in a timely and fair manner. h. Natural resource industries. Comprehensive Plan Policy 2FF-2 and development regulations in WCC 20.69 Rural Industrial/Manufacturing District support resource -based industries. Policies 2DD-2.D, 2FF-3, 2GG- 4 support minimizing conflicts with resource uses. The proposed amendments do not affect these policies. i. Open space and recreation. Policies 2DD-2.A.2, 2DD-2.A.3, 2DD-2.13, 2DD-2.C, which adopt by reference various development regulations, 0 Rural Element Ordinance June 4, 2013 provide measures to assure visual compatibility with surrounding rural areas, reserve open space through lot clustering, and to protect wildlife habitat and water resources. The proposed amendments to the lot clustering provisions of WCC chapters 20,32, 20.34, and 20.36, and the definitions of "reserve area" and "reserve tract" (WCC 20.97.344 and .345) provide enforceable standards and prohibit residential development of reserve areas while in the Rural designation. j. Environment. Policy 2DD-2.C, which adopts by reference various development regulations, provides measures to protect critical areas and surface and ground water resources. The proposed amendments do not affect this policy. k. Citizen participation and coordination. Throughout the process to develop and adopt amendments to the rural element, citizens and local jurisdictions have been kept informed and invited to participate through use of e-mail and internet. I. Public facilities and services. Policy 2DD-2.A.4, which adopts by reference WCC 20.80.212 Concurrency, ensures that no subdivision, commercial development or conditional uses be approved without a written finding that service providers have adequate capacity to serve the development and that no County facilities will be reduced below applicable levels of service as a result of the development. The proposed amendments do not affect this policy. m. Historic preservation. Policy 2DD-7 supports maintaining the historic character and cultural roles of each rural area and community. The proposed amendments do not affect this policy. 3) The rural element of the Comprehensive Plan and the county development regulations, as amended, meet the requirements of the Growth Management Act, RCW 36.70A. The rural element includes measures that protect the rural character per RCW 36.70A.070(5)(c) in Policies 2DD-1, 2DD-2, 2GG-2, 2GG-3, and 2MM-1-4. The proposed amendments change the boundaries of the Fort Bellingham/Marietta, North Bellingham, and Welcome Rural Neighborhoods so that they are consistent with the policies under Goal 2MM, and amend Comprehensive Plan descriptions of Rural Neighborhoods pertaining to Goal 2MM so that the intention to designate Rural Neighborhoods based on higher rural densities is clear. b. The rural element provides for limited areas of more intensive rural development, limited per the requirements of RCW 36.70A.070(5)(d), in policies 2HH-1 through 3, 231-1 through 8, 2KK-1 and 2, and 2LL-1-4. The proposed amendments do not affect these policies. c. The rural element contains a description of rural character and lifestyle that considers local circumstances as permitted in RCW 36.70A.070(5)(a), and contains the GMA definition of rural character per RCW 36.70A.030(15). The proposed amendments do not affect that 10 * Rural Element Ordinance June 4, 2013 description. d. Policies 2DD-8, 2DD-9, 2EE-8, 2FF-1, 2FF-2, 2FF-4, and 233-5 support retention and expansion of existing businesses in rural areas, as supported by RCW 36.70A.011. The proposed amendments do not affect these policies. e. Comprehensive Plan policies describing rural land use designations and rural services (under Goals 2EE, 2GG, 213, 2KK, 2LL, and 2MM), and the development regulations that implement those policies, are consistent with RCW 36.70A.070(5)(b), which requires the rural element to provide for a variety of rural densities, uses, essential public facilities and rural governmental services. The proposed amendments change Policy 2GG-3 to restrict rezones from R10A zoning in order to better ensure a variety of rural densities. f. Policies 2DD-2.A.2, 2DD-2.A.3, 2DD-5, 2DD-6, 2GG-6, and 2MM-2 support innovative techniques, consistent with RCW 36.70A.070(5)(b). The proposed amendments amend the lot clustering provisions referenced in Policy 2DD-2.A.2 to provide enforceable standards and to prohibit residential development in reserve areas. g. The County has evaluated the Comprehensive Plan and development regulation amendments to ensure that they do not result in an unconstitutional taking of private property, per RCW 36.70A.370. On March 28, 2013 the Planning Commission was briefed on the Attorney General's Advisory Memorandum on Avoiding Unconstitutional Takings of Private Property, and on May 21, 2013 the County Council was briefed on the memorandum, per RCW 36.70A.370. 4) The amendments to the rural element of the Comprehensive Plan and the county development regulation resolve the noncompliance and invalidity findings of the January 4, 2013 GMHB Compliance Order in Futurewise et a/ v. Whatcom County (#11-2-0010c): a. Variety of Rural Densities: Comprehensive Plan Policy 2GG-3 restricts rezonings from R10A to districts allowing higher densities based on specific criteria, thus ensuring a variety of rural densities similar to that which already exists. PDS staff estimates that about 40 R10A parcels, or about 1,500 acres would be eligible for rezoning under this policy, resulting in at least 20.6% of the rural lands remaining R-10A even if all the eligible parcels were rezoned. PDS estimated that 21.8% of the rural lands were zoned R10A with the adoption of Ordinance 2012-032. b. Lot Clustering: Amendments to WCC Title 20 revise rural lot clustering provisions to provide enforceable criteria and to prohibit residential development within reserve areas while in the Rural designation. WCC 20.32.315, 20.34.315, and 20.36.315 require that an easement on the subdivision plat shall establish a reserve area per the definition in WCC 20.97.344 that is protected in perpetuity so long as it is not within an urban growth area. This establishes an agreement between the owner and the County that is enforceable by the County. In the cluster design 11 Rural Element Ordinance June 4, 2013 standards of WCC 20.32.310, 20.34.310, and 20.36.310, terms such as "should" and "where practical" have been replaced with terms that can be more effectively enforced. Reduction of required reserve area percentages in the Rural (R) zone allows for flexibility of lot configuration similar to existing conditions, without allowing residential development of reserve areas. Reserve area percentages are not reduced in Agricultural Protection Overlay areas, maintaining protection for agricultural uses in the rural areas. c. Rural Neighborhoods: Amended boundaries of the Fort Bellingham/Marietta, North Bellingham, and Welcome Rural Neighborhoods, along with the amendments to the zoning maps, exclude several larger parcels in order to be more consistent with the 2011 development pattern of higher rural densities. d. Water Lines: The amendments to WCC 20.82.030 and 20.97.452 clarify that urban -scale water service cannot be extended into rural areas by adding a definition of "transmission line" based on the definition in WAC 246-290-010(267), and by amending wording in the Health Code, WCC 20.11.050(C) which implied that service connections could be made to transmission lines. 5) The County and property owners in affected areas have appealed several issues on which the Board found the County out of compliance in its January 4, 2013 order. With the adoption of this ordinance, the County has opted not to take action on these issues on appeal and, at the present time, does not intend to take action until they are reviewed by the courts. 6) The subject comprehensive plan amendment complies with the approval criteria of WCC 2.160.080, which requires that the County must find the following criteria, are satisfied in order to approve the proposed comprehensive plan amendment. a. The amendment conforms to the requirements of Growth Management Act, is internally consistent with the County -Wide Planning Policies and is consistent with any interlocal planning agreements. i. Growth Management Act The amendments are consistent with the Growth Management Act as described in Conclusions 3 and 4, above. ii. County -Wide Planning Policies County -wide Planning Policy B.1 states, "The county shall work with citizens to define a variety of types of rural areas based on the characteristics and needs of different areas." Beginning in November of 2008, Whatcom County has engaged the public in the development of the rural element amendments through public meetings, e-mail, and 12 Rural Element Ordinance June 4, 2013 the County's web site. The proposed amendment to WCCP Policy 2GG- 3 ensures a variety of rural densities by restricting rezoning from R10A to districts that allow higher density. County -wide Planning Policy B.2 states, "The county shall discourage urban level development outside Urban Growth Areas and outside of areas currently characterized by a development threshold greater than a rural development density." The proposed amendments retain requirements that higher rural densities be contained in designated LAMIRDs and Rural Neighborhoods, per WCCP Policy 2GG-2, and remove land from the Fort Bellingham/Marietta, North Bellingham, and Welcome Rural Neighborhoods. County -wide Planning Policies P.1 and P.2 reflect GMA Planning Goal (6) (RCW 36.70A.020(6), which states private property shall not be taken for public uses without just compensation, and Whatcom County Charter Section 1.11, which states no regulation or ordinance shall be drafted and adopted without consideration of and provisions for compensation to those unduly burdened. The Comprehensive Plan amendments do not result in a taking of private property for public use without compensation. On March 28, 2013 the Whatcom County Prosecuting Attorney's office advised the Planning Commission on the Attorney General's Advisory Memorandum on Avoiding Unconstitutional Takings of Private Property, per RCW 36.70A.370. iii) Whatcom County Comprehensive Plan Proposed amendments to the Zoning Code regarding lot clustering and water line extension are consistent with WCCP Policies 2GG-6 and 2EE- 4, respectively. Changes to Rural Neighborhood boundaries are consistent with the criteria provided under WCCP Goal 2MM. iv) Interlocal Agreements The interlocal agreements between Whatcom County and the cities require coordination on adopting population projections and reviewing UGAs. The amendments do not adopt new population projections without City -County coordination. b. Further studies made or accepted by the department of planning and development services indicate changed conditions that show need for the comprehensive plan amendment. The need for this Comprehensive Plan amendment and accompanying Zoning Code and Zoning Map amendments is generated by the Growth Management Hearings Board's January 4, 2013 Compliance Order. 13 .:• Rural Element Ordinance June 4, 2013 c. The public interest will be served by approving the comprehensive plan amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: i. The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the Comprehensive Plan. The proposed amendments either retain existing zoning intensities and densities or reduce them in rural Whatcom County. ii. The anticipated effect on the ability of the County and/or other service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. No amendments are proposed that increase densities or intensity of uses or increase the demand for services and facilities beyond levels needed to serve development under existing zoning. iii. Anticipated impact upon designated agricultural, forest and mineral resource lands. No amendments are proposed that increase adverse impacts on designated resource lands. d. The amendment does not include or facilitate spot zoning. WCC 20.97.186 defines "illegal spot zoning" as "a zoning action by which a smaller area is singled out of a larger area or district and specially zoned for a use classification totally different from, and inconsistent with, the classification of surrounding land and not in accordance with the Comprehensive Plan. Spot zoning is zoning for private gain designed to favor of benefit a particular individual or group and not the welfare of the community as a whole." Rezonings proposed under these amendments apply to areas, or to lots identified by the Growth Management Hearings Board as not meeting GMA requirements for inclusion in a LAMIRD, and therefore none meet this definition of spot zoning. e. Urban growth area amendments that propose the expansion of an urban growth area boundary shall be required to acquire development rights from a designated TDR sending area, unless one of the exceptions set forth in WCC 2.160.080(A)(5) applies to the amendment. 14 ••1 Rural Element Ordinance June 4, 2013 No urban growth area amendments are proposed. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County Comprehensive Plan is hereby amended as shown in Exhibit A. Section 2. The Whatcom County Official Zoning Code is hereby amended as shown in Exhibit B. Section 3. The Whatcom County Official Zoning Map is hereby amended as shown in Exhibit C. Section 4. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor 2013. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON 15 Kathy Kershner, Council Chair ( ) Approved ( ) Denied Jack Louws, Executive Date: 691 Exhibit A: Comprehensive Plan Amendments June 4, 2013 Chapter Two LAND USE RURAL LANDS — INTRODUCTION Rural Character and Lifestyle Rural Whatcom County is the portion of the County not planned for either urban or resource use and its character differs from that of the County's urban and resource areas. While agriculture and forestry are practiced in the rural areas, it is generally on a smaller scale than in the resource areas that are set aside specifically for those purposes. The rural areas provide an important buffer between urban areas and resource lands, and the character of the rural areas is differentiated from the urban areas by less intensive uses and densities, and greater predominance of vegetation, wildlife habitat, and open space. Small unincorporated communities have existed in the rural areas for many decades but have not become urban centers. Land uses in these communities are more intensive than those in the surrounding rural areas, and provide rural residents places to shop, eat, play, etc, and access public services such as schools, libraries, and post offices without having to travel to cities. The businesses in these communities are important contributors to the economy of Whatcom County. Even outside these settlements, residents of the rural areas have established home occupations, cottage industries, and small-scale businesses that are an important part of the County's traditional rural economy. Historically, rural Whatcom County has been a place of great variety. Residential densities vary greatly from homes on 10 or 20 acre lots to lots smaller than one acre in the rural communities and neighborhoods that have been established over the years. fhe scale and intensity of rural businesses varies from the home occupations, cottage industries, and resource -based industries to the more intensive commercial and manufacturing uses, though the County's largest commercial and industrial uses have been established in the urban areas. Whatcom County's rural lifestyle is one where residents enjoy views of a green landscape dotted by homes and barns, and have an appreciation for clean water and air. Residents can work and shop in small rural communities, or earn a living on their own rural lands, but these enterprises do not detract from the overall sense of openness and predominance of the landscape in the rural area. Rural Whatcom County has long been a place to raise children with the values of hard work and responsible stewardship of the land, and where residents can grow food and livestock for themselves or for market. While rural property owners do not expect to be provided with urban -level Page 1 of 13 692 Exhibit A: Comprehensive Plan Amendments June 4, 2013 services, they enjoy a quality of life and sense of self-sufficiency not ordinarily found in the urban areas. In the rural element of this chapter, Whatcom County establishes policy consistent with the findings of the legislature and with the above vision of rural character and lifestyle that will: • Help preserve rural -based economies and tradition lifestyles, • Encourage the economic prosperity of rural residents • Foster opportunities for small-scale, rural -based employment and self employment, • Permit the operation of rural -based agriculture, commercial, recreational, and tourist businesses that are consistent with existing and planned land use patterns, • Be compatible with the use of the land by wildlife and for fish and wildlife habitat, • Foster the private stewardship of the land and preservation of open space, and • Enhance the rural sense of community and quality of life. GOAL 2DD: Retain the character and lifestyle of rural Whatcom County. Policy 2DD-1: Concentrate growth in urban areas per the population projections in Chapter 1 of this plan, and recognize rural lands as an important transition area between urban areas and resource areas. By February 1 of each year the department will publish a report that monitors residential development activity outside the urban growth areas during the previous year and compares that data with the adopted population growth projection for those areas. If it is apparent that growth occurring outside the urban growth areas is inconsistent with adopted projections, the County shall take action to address the discrepancy. Actions may include changing the allocation of the projected population growth during the comprehensive plan update required per RCW 36.70A.130(1), or changing development regulations to limit growth outside the urban growth areas. In addition, as the County and cities review the capacity for growth in the urban growth areas, the county should coordinate with the cities to ensure that policies are in place that are consistent with encouraging growth in the urban areas and reducing demand for development in rural areas. Policy 2DD-2: Protect the character of the rural area through the County's development regulations. In addition to the policies of this plan that provide measures governing rural development, the following County's key development regulations are incorporated into this plan by reference to assure that the plan contains measures to protect rural character: Page 2 of 13 693 Exhibit A: Comprehensive Plan Amendments June 4, 2013 A. Measures to contain or otherwise control rural development and reduce the inappropriate conversion of undeveloped land into sprawling, low -density development: 1. Limit the expansion of areas of more intensive development and higher rural densities through Policies 2A-8, 2A-9, 2DD-1, 2DD-8, 2GG-2, 2GG-3,_2JJ-1 through 8, 2KK 1 and 2, 2LL-1 through 4, and 2MM-1 through 4 of this plan. 2. Provide options to reserve areas of land suitable for agriculture, forestry, or open space through lots clustering in the following Zoning Code provisions, adopted herein by reference: a. WCC 20.32.305, .310, and .320, Lot clustering, Residential Rural District; b. WCC 20.34.305, .310, and .320, Lot clustering, Rural Residential Island District; c. WCC 20.36.305, .310, and .320, Lot clustering, Rural District; d. WCC 20.71.350, .351, and .352, Lot clustering, Water Resource Protection Overlay District. 3. Prohibit short subdivisions outside of urban growth areas and limited areas of more intensive rural development that would require extension of public sewer except for health or safety reasons through the following Whatcom County Land Division regulations adopted herein by reference: a. WCC 21.04.090, Sewage Disposal, Short Subdivisions b. WCC 21.05.090 Sewage Disposal, Preliminary Long Subdivisions B. Measures to assure visual compatibility of rural development with the surrounding rural area: 1. Ensure that the visual landscapes traditionally found in rural areas and communities are preserved through limitations on structural coverage of lots in the following Zoning Code provisions, adopted herein by reference: a. WCC 20.32.450 Lot coverage, Residential Rural District; b. WCC 20.36.450 Lot coverage, Rural District. 2. Require that lots developed under the lot clustering option be designed and located to be compatible with valuable or unique natural features as well as physical constraints of .Page 3 of 13 M�. Exhibit A: Comprehensive Plan Amendments June 4, 2013 the site through standards provided in the following Zoning Code provisions, adopted herein by reference: a. WCC 20.32.310 Lot clustering design standards, Residential Rural District; b. WCC 20.34.310 Lot clustering design standards, Rural Residential -Island District; c. WCC 20.36.310 Lot clustering design standards, Rural District; d. WCC 20.71.351 Lot clustering design standards, Water Resource Protection Overlay District. 3. Protect the aesthetic assets of the rural areas and soften the impact of structures through landscape buffers and setback requirements provided in the following Zoning Code provisions, adopted herein by reference: a. WCC 20.80.200 Setback requirements; b. WCC 20.80.300 Landscaping. 4. In the Point Roberts Rural Community, regulate visual aspects of development through the standards in the following Zoning Code provisions, adopted herein by reference: a. WCC 20.72.350 Building setbacks/buffer areas, Point Roberts Special District; b. WCC 20.72.651 Facility design, Point Roberts Special District; c. WCC 20.72.653 Tree canopy retention, Point Roberts Special District; d. WCC 20.72.654 Site design/view corridors, Point Roberts Special District. C. Measures to protect critical areas and surface and groundwater resources: 1. Protect the functions and values of critical areas (geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas, wetlands, and habitat conservation areas) and the ecological processes that sustain them, through WCC 16.16 Critical Areas provisions, adopted herein by reference. Page 4 of 13 695 Exhibit A: Comprehensive Plan Amendments June 4, 2013 2. Minimize the adverse effects of discharges from on -site sewage systems on ground and surface waters through WCC 24.05, adopted herein by reference. 3. Preserve and protect unique and important water resources through development standards in WCC 20.71 Water Resource Protection Overlay District, adopted herein by reference: 4. Protect surface and ground water resources through stormwater management standards established in the County's Development Standards per WCC 20.80.630 and 12.08.035 and referenced in the following Zoning Code provisions, adopted herein by reference: a. 20.32.656 Drainage, Residential Rural District; b. 20.34.659 Drainage, Rural Residential -Island District; c. 20.36.656 Drainage, Rural District; d. 20.37.655 Drainage, Point Roberts Transitional District; e. 20.44.652 Drainage, Recreation and Open Space District; f. 20.59.704 Drainage, Rural General Commercial District; g. 20.60.655 Drainage, Neighborhood Commercial District; h. 20.61.704 Drainage, Small Town Commercial District; i. 20.63.654 Drainage, Tourist Commercial District; j. 20.64.655 Drainage, Resort Commercial District; k. 20.67.653 Drainage, General Manufacturing District; I. 20.69.655 Drainage, Rural Industrial and Manufacturing District. 5. Assure that subdivisions meet requirements for critical areas, shoreline management, and stormwater management through the standards in the following Whatcom County Land Division regulations, adopted herein by reference: a. WCC 21.04.034 Application Procedures, Short Subdivisions b. WCC 21.05.037 Hearing Examiner Notice Hearing and Decision, Preliminary Long Subdivisions Page 5of13 Exhibit A: Comprehensive Plan Amendments June 4, 2013 6. Limit water withdrawals resulting from land division through the standards in the following Whatcom County Land Division regulations, adopted herein by reference: a. WCC 21.04.090 Water supply, Short Subdivisions b. WCC 21.05.080 Water supply, Preliminary Long Subdivisions 7. Regulate groundwater withdrawals by requiring purveyors of public water systems and private water system applicants to comply with Washington State Department of Ecology ground water requirements per WCC 24.11.050, adopted herein by reference. 8. Limit phosphorus entering Lake Whatcom and Lake Samish due to the application of commercial fertilizers to residential lawns and public properties through WCC 16.32, adopted herein by reference. 9. Protect vital drinking water, sensitive habitats, and recreational resources within the Department of Ecology's designated Western Washington Phase II Municipal Stormwater Permit area and the Lake Whatcom watershed by prohibiting illicit discharges to the county's stormwater collection system through WCC 16.36 Illicit Discharge Detection and Elimination Program, adopted herein by reference. D. Measures to protect against conflicts with the use of agricultural, forest, and mineral resource lands: 1. Ensure separation of new residences from agricultural and forestry uses through setback requirements in the following Zoning Code provisions, adopted herein by reference: a. WCC 20.80.255 Agricultural District, Supplementary Requirements; b. WCC 20.80.256 Forestry districts, Supplementary Requirements; c. WCC 20.80.258 All districts, Supplementary Requirements. 2. Ensure separation of businesses from agricultural uses through setback requirements in the following Zoning Code provisions, adopted herein by reference: a. WCC 20,59.600 Buffer area, Rural General Commercial District; Page 6 of 13 697 Exhibit A: Comprehensive Plan Amendments June 4, 2013 b. WCC 20.60.550 Buffer area, Neighborhood Commercial District; c. WCC 20.61.600 Buffer area, Small Town Commercial District; d. WCC 20.63.600 Buffer area, Tourist Commercial District; e. WCC 20.64.550 Buffer area, Resort Commercial District; f. WCC 20.67.550 Buffer area, General Manufacturing District; g. WCC 20.69.550 Buffer area, Rural Industrial and Manufacturing District. 3. Require that all discretionary project permits within one half mile of areas designated in this plan as Rural, Agriculture, Commercial Forestry, or Rural Forestry, or within 300 feet of areas designated as Mineral Resource Lands, be subject to disclosure practices in the in the following Whatcom County Code provisions, adopted herein by reference: a. WCC 20.40.662 Use of Natural Resources, Agriculture District; b. WCC 20.42.652 Use of Natural Resources, Rural Forestry District; c. WCC 20.43.662 Use of Natural Resources, Commercial Forestry District; d. WCC 20.14.02 Right to Farm; e. WCC 20.14.04 Right to Practice Forestry; f. WCC 20.14.16 Mineral Resource Land Disclosure. RURAL LANDS — LAND USE Rural Designation Lands outside the County's urban and resource areas include a variety of uses and densities. Traditionally, Whatcom County's rural areas have been characterized by a spectrum of uses ranging from farms and large -lot residential areas to recreational communities and small towns. The more intensive uses in that spectrum Page 7 of 13 Exhibit A: Comprehensive Plan Amendments June 4, 2013 (commercial/industrial areas and residential areas with densities greater than one unit per five, acres) are contained within the boundaries of Rural Community, Rural Tourism, or Rural Business designations (LAMIRDs) and Rural Resid tial OverlaysNgtg orhood_designations. The remainder of the rural areas are designated Rural and contain traditional rural residential and farm uses as well as small home -based and conditionally -permitted businesses. The rural character of the lands designated as Rural should not be compromised by the encroachment of more intensive development. Commercial and industrial uses in the rural areas not contained within a Rural Community designation must meet GMA criteria for small-scale tourism or isolated business uses (RCW 36.70A.070(5)(d)(ii) and (iii). Portionsof the rural area that historically containhrcier,.,_lots_..have_ been , zoned.,_for densiti,eS_vof,one.,dwell„ina „per_ten_acres._____These„_areas„ provide_ for,,._ a_variety of densities important to the rural_ character and shall be retainedRezones from R10A toallow higher densities are limited., to those R10A areas that are Wadiacent to established_ higher densities. Goal 2GG: Designate Rural areas to contain a variety of uses and densities while retaining their traditional rural character. Policy 2GG-1: Provide a variety of residential choices at rural densities which are compatible with the character of each of the rural areas. Policy 2GG-2: The Rural designation includes areas of traditional rural uses and gross residential densities at or below one unit per five acres. To reduce the inappropriate conversion of undeveloped land into sprawling, low density development in the rural area, more intensive development shall be contained within Rural Community, Rural Tourism, or Rural Business designations, which are limited areas of more intensive rural development (LAMIRDs), and predominantly residential areas with established densities greater than one unit per five acres shall be contained in Rural Neighborhood designations. Policy 2GG-3: Uses and densities within the Rural designation should reflect established rural character. Rezones within the Rural designation should be consistent with the established rural character and densities ...-In.tha-genaai-area--of the --or ased--rezene- Land_in the R10A district may be rezoned to a rural zone that allows a, higher density__onl�if: A. _Residential densitv_.(the__averageesize .of narcels._,that contained a residence, as of January 1, 2013)_within 500 feet of the area to be rezoned is less than 7.5 acres,, B. The__. proposed rezonincl__area_ is not, in a designated urban growth area reserve and Page 8 of 13 e Exhibit A: Comprehensive Plan Amendments June 4, 2013 C. The_p,r000sed rezoning area not within an_,.area desgnated as a rural study area in the 2007 Rural Land_ Studeraccepted_ by the county in Resolution 2009-040. _._. Policy 2GG-4: Minimize potential conflicts of rural residential development near designated natural resource lands to prevent adverse impacts on resource land uses. Policy 2GG-5: Provide landowners with incentives and options to develop their property at densities that may be less than the underlying zone, when necessary to protect critical areas and high -value resource lands. Policy 2GG-6: Ensure that flexible development patterns such as cluster subdivisions effectively preserve open space and agricultural land and do not create the need for more intensive rural services. Policy 2GG-7: Development within Rural designations shall be consistent with rural character as described in this chapter. Rural Neighborhoods The GMA does not set a maximum allowed residential density for rural areas. A large majority of the lands designated as Rural are zoned for one residence per five or ten acres, however, a small proportion has been developed under a zoning that allows densitiesireater_.,._than_ _one dwel.lingper five acres where public water service is available. These areas have their own unique rural character (as compared with the higher densities contained within LAMIRDs) and they serve to provide a needed variety of rural densities. However, it is important to maintain the character of the more traditional rural areas and prevent expansion of .these areas of higher rural densities beyond their traditional limits. This plan recognizes the unique qualities of these established Rural Neighborhoods and contains them within boundaries that reflect the extent of these areas in 2011. Unlike the Rural Communities, these areas are not LAMIRDs. GOAL 2MM: Designate Rural Neighborhoods to recognize and contain rural areas that have been established with predominantly residential uses with higher densities than surrounding rural areas. Policy 2MM-1 Areas zoned for densities greater than one dwelling per five acres shall be contained within Rural Neighborhood boundaries. Rural Neighborhood boundaries shall not be expanded beyond those established in 2012, which were drawn to include areas that were developed at higher rural densities in 2011. Page 9of13 700 Exhibit A: Comprehensive Plan Amendments June 4, 2013 Policy 2MM-2 In the Whatcom County Code, the Rural and Rural Residential zoning districts may include Rural Residential Density Overlays that may be applied to areas within the Rural Neighborhood designation where h�gher__density rural residential development has already occurred. The overlay should allow for infill development with lot sizes consistent with those of surrounding lots, where public water service is available. The overlay shall limit eligibility of lots based on the percentage of surrounding lots that were developed in 2011, and shall establish a maximum density that may be achieved using the overlay. The Rural Residential Density Overlays shall not be created or expanded outside of Rural Neighborhoods or into areas where higher density rural development has not occurred; such expansion is not consistent with maintaining the traditional character of the surrounding rural areas. Policy 2MM-3 Rural Neighborhoods are designated adjacent to Urban Growth Areas only in areas where developed densities exceeded one dwelling per 2.5 acres in 2011, and there is little potential for efficient urban development in the future. Policy 2MM-4 Urban governmental services shall not be extended into a Rural Neighborhood unless such extensions are shown to be necessary to protect basic public health and safety and the environment, and when such services are financially supportable at rural densities and do not permit urban development. Page 10 of 13 701 Exhibit A: Comprehensive Plan Amendments June 4, 2013 Fort Bellingham / Marietta File #: PLN2012-00012 Changes to Map 8 Comprehensive Plan Designations HI Proposed Rural Neighborhood Boundary Existing Comprehensive Plan Boundary Proposed CP Designation - RURAL (not in parentheses) Existing CPDesignation - (RURALNEIGHBORHOOD) Page 11of13 >i gip.. �,.,.I�� .°"e•Ae�K:v�^4 l 0 330 050 1.320 x.- 1,980 2,640 � Feet 702 Exhibit A: Comprehensive Plan Amendments June 4, 2013 North Bellingham RURAL _ _ a (RURAL NEIGHBORHOOD) d RURAL (RURAL NEIGHBORHOOD) r/y 1- /� `��-tier i;. I a // �/ /.: .•' t �-�`\� < _,-� PARADISE D. W. LAUREL R0. fil / RURAL I (RURALNEIGHBORHOOD) • "' -..„. �'... _..._� �,i. 7`.' tom.. kJ. L1 il;/J!%/ t--"--- w. AX70N RD-Fl- - ~3 I J. IL RURAL (RURAL NEIGHBORHOOD) f • .lit J,.t. �'l —�-to zl Ferndale., 4- r - ),r11 W--SMITM RD- t I_ of W d IRURAL (RURAL (RURAL NEIGHBORHOOD) a A File #: PLN2012-00012 Changes to Map 8 Compiehensive Plan Designations ien-wvamrcumrnm-..nouw-crnma .'A7IR . :xawrrtemnsrvrrnainmrsrt: _.,Proposed Rural Neighborhood Boundary .-~.-'S,hahYa". ,.,�.W'v, •. Existing Comprehensive Plan Boundary 0 330 cm a n 1,320 ^ a11980 ^^r, to Proposed CP Designation - RURAL (not in parentheses) Feet Exi5ting CP Designation - (RURAL NEIGH BORH OO D) •' Page 12of13 703 Exhibit A: Comprehensive Plan Amendments June 4, 2013 Welcome File #: PLN2012-00012 JAE OF'Alin IN Mt E M DATA IYPAEk?M kfH Chances to Mall, 8 Com 1lehensive Plan Designations AMEEKKIWHMMURAN13TATMI11: � I I J w111 n°t [In Ilea iNn niEbn p rl llrl..a bikclmr� p..q n m II nl-ItltlI114r[nlnp,.m iarw[. laau 41M1 vclulnv .In[ Il. nc.. Proposed Comprehensive Plan designation - Rural Neighborhood (not in parentheses) 9 185 330 880 1199 1N Feet Existing Comprehensare Plan designation- (Rural) Page 13 of 13 704 Exhibit B: WCC Title 20 Amendments June 4, 2013 DRAFT WCC Sections Affected by January 4, 2013 Compliance Order WCC TITLE 20 ZONING. 20.32 Residential Rural (RR) District 20.32.253 Maximum density and minimum lot size. The following districts with their associated lot sizes as indicated below, are only allowed within Rural Neighborhoods and Rural Communities, as out-hned-.d_escrib_e_d in the Comprehensive Plan: RR-2A, RR-1, RR-2, RR-3. The RR-5A and RR-10A districts are allowed th-rottg-hout-in_the rural areas.;__the-m _Cop_rehensive.__Plan contains ooliciesr_egardinCl o p_ilcation of_ these districts within the -_Residentiai_Rural .Designation. For boundary line adjustments on lots not conforming to minimum lot sizes in this zoning district, lot size averaging may be used by calculating the average lot size of legal lots of record within 500 feet of the outside perimeter of the lots proposed for boundary line adjustment. Minimum Lot Size Min. Reserve Area (Cluster District Gross Density Conventional Cluster Subdivisions) RR-1, RR-2, RR-3, RR- 1 dwelling unit/5 5 acres N/A N/A 5A: without public acres water RR-10A without public 1 dwelling unit/10 10 acres N/A N/A water acres With public water, and stormwater detention and collection facilities: RR-1 1 dwelling unit/1 acre 36,000 sq. 15,000 30% ft. sq.ft. RR-2 2 dwelling units/1 18,000 sq. 15,000 10% acre ft. sq.ft. 705 Exhibit B: WCC Title 20 Amendments June 4, 2013 RR-3 3 dwelling units/1 12,000 sq. 8,000 25% acre ft. sq.ft. RR-2A 1 dwelling unit/2 2 acres 15,000 30% acres sq.ft. RR-5A 1 dwelling unit/5 5 acres 15,000 30% acres sq.ft. RR-10A 1 dwelling unit/10 10 acres 15,000 30% acres sq.ft. RR-5A and RR-2A Maximum: 1 dwelling see 15,000 30% subject to Rural unit/ 1 acre per 20.32.252 sq.ft. Residential Density 20.32.252(2) Overlay 20.32.300 Lot clustering,_ gLEVg„ r@A and reserve tract. 20.32.305 Lot clustering. (1) The purpose of lot clustering is to provide an alternative method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cast; arid -increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, ar_open space or -possible --future develo-present. (2) The clustering option is also intended to help preserve open space and the character of areas and reduce total impervious surface area thereby reducing runoff while assuring continued viable undeveloped natural vegetated corridors for wildlife habitat, protection of watersheds, preservation of wetlands, preservation of aesthetic values including view corridors, and preservation of potential trail and recreation areas. 20.32.310 Design standards. The creation of new building lots, pursuant to this section, shall be governed by the following recommended design standards: (1) Clustered building lots may be only created through the subdivision or short subdivision process. Page 2of14 706 Exhibit B: WCC Title 20 Amendments June 4, 2013 (2) Building lots should--s-h_aall _be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site. (3) Where-practical-i-t-The majority of building sites shoo-d-shal_I-_be arranged in a cluster or concentrated pattern to be compatible with physical site features - -allow far-th-e-effic4ent cor-ers­brr--ef_the ather--use-son-tl-ie futur eo and have no more than two common encroachments on existing county roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns. (4) Common access to clustered building lots shou-Id-sha.11_be provided by short length roads or loop roads. In add4tien-u_rb_an,,.g_rowth,._areas_and ._urban -.q_rowth area, reserves, interior streets shall be designed to allow access to the "reserve tract" for the purpose of future approved development ,-_i__n_u_rba_n_growt,h_a_reas-_and,urb_a_n .growth_a rea.- reserves. 20.32.315 Reserve area. .(1)_._An easement-_o_n-_the subdiv,i_sion,pl_at_sh_all._e.sta_b_iish_a__reserve__area__per the definition in_WCC 20 97._344_that is_protected..-in.perr)etuity_ so_lon_g_as itis-not within an urban .growth_area_.The minimum p,ercenta-Cie of t_he..,parent_parcel required_to be within a_reserv_e area is shown'inWCC_20.32.253.. (_2IA..reserve. area_may__containinfrastructure .necessary _for the subdivision includ.ing,but-not.limited_to u,nderg.round__utilit1es,__stormwater ponds and on -site sep c__system_components� a_nd, in reserve areas.,desi_gnated for a.gricu_I_ture¢ structures euse_d_for_on site ag_ricultu_ral_ uses permitted__ i011_V1/CC, groundhard._ surface in_f_rastructure._such__as roads.and._water_-_tanks. ma,.v_be inc_I_uded. in a reserv_e._tract,_,_but the a.rea,they__occu-pv sh_all,_not.._be included the, reserve a-rea .pe_rcenta,9_e_require-d in W,CC 203.2.2.532 20.32.320 Reserve tract. For the purposes of this section, "reserve tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, or_open space or--future-devel prvnt-purposes. All "reserve tracts" created through the subdivision process shall be subject to the following provisions: (1) After a site is initially subdivided pursuant to this chapter, the "reserve tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. (2) The "reserve tract" may be considered as a building lot; provided, that such lot is included in the overall density calculation of the original parcel of record..a_nd.._that dev_el_o.prnent within a_ "reserve _area" easement „is cons,istent_with_the_uses germittedinreserve areas-i.n._this_chapte.r Page3of14 707 Exhibit B: WCC Title 20 Amendments June 4, 2013 (3) The "reserve tract" may be further subdivided only through the long subdivision process and only under the following circumstances: (a) The county finds that in developing adjacent tracts it would help to further the objectives listed in WCC 20.32.305(2) by dividing the reserve tract and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in reserve area; and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract. (b) When the Comprehensive Plan and zoning have been updated as part of the normal process (other than a revision initiated by the private sector or done for a specific area) and the public process has been gone through, subject to findings that there is no adverse impact to critical areas and development is in compliance with rural land use Comprehensive Plan policies, and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract. (4) The purpose of the reserve tract as stated in subsections (1), (2) and (3) of this section shall be communicated in writing on the face of the plat or short plat. The number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or "reserve tracts."___An_y.__rema.iningdensity beyond _the number _of_lots..created_on the_olat_mav be,__a_ssigned to either the lots or the reserve tract __but_fu_ture subdivision shall not reduce the size of the reserve area below the minimum„pe_rcentage of__theorig,inal_parent..parcel_req_uired_in.WCC 20.32.253.. (5) The above requirements in subsections (2) to (4) of this section shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after review for consistency and compliance with the Official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. 20.34 Rural Residential -Island (RR -I) District Page 4 of 14 Exhibit B: WCC Title 20 Amendments June 4, 2013 20.34.300 Lot clustering, reserve area, reserve tract and density transfer. 20.34.305 Lot clustering. (1) The purpose of lot clustering is to preserve the rural character of Lummi Island and to provide an alternative method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost; _and increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, or open space in accordance with the adopted zoning density requirements, as applied to the entire subdivision or short subdivision. (2) The clustering option is also intended to help preserve open space and reduce total impervious surface area thereby reducing runoff while assuring continued viable undeveloped natural vegetated corridors for wildlife habitat, protection of watersheds, preservation of wetlands, preservation of aesthetic values including view corridors, and preservation of potential trail and recreation areas. 20.34.310 Design standards. The creation of new building lots, pursuant to this section, shall be governed by the following recommended design standards: (1) Clustered building lots may be only created through the subdivision or short subdivision process. (2) Building lots s-heuld--shall_.be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site. (3) W-h-are-p aetieali-tThe majority of building sites should--shall._be arranged in a cluster or concentrated pattern to be compatible with physical site features, and have no more than two common encroachments on existing county roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns. (4) Common access to clustered building lots sh-oulu ha_I_I.,,-be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the "conservation-r-eserve tract." Page 5of14 709 Exhibit B: WCC Title 20 Amendments June 4, 2013 �. c 5 ll\ : i µ f. o _easernent_on_the subdivision-.. plat ._shall__ es. tab,lish__a__reserv_e_area__per_the defi.nition_..in_WCC20 97_344_that is_prot_ected_i.nper.petuity so long as_it_is,not w,ithin_.anu_rbanQ_rowth_a.rea._-The minimum percentage_of theDa_rent_Darcel. req.uired._to be_ within a_ reserve area_is sh_o_wn_inWCC 20.32.253._ (2)_A reserve ._area- ._mal(__contain_.._ infra _s_,tructure,._necessary for_th_e_subdi,v,is_ion,_ includingg but,_not._li,mited_to underciround_ufiilities, stormwater_p_onds, and on -site septic_sy_stem comoonents,_ and, reServe areas .designated for agriculture, structures used for on -site a ricultural uses permitted in WCC 20.34.052. Above- ground hard surface infrastructure such as roads and water tanks may be included in a reserve tract, but the area they occupyshall not be included in the reserve areaercentage required in WCC 20.34.252. 20.34.320 Geer-v-ion- Reserve tract. For the purposes of this section, "conaervationres_e_rve tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, or open space purposes which does not exceed adopted zoning density requirements, as applied to the entire subdivision or short subdivision. All "conraer-vatJ :reser._ve tracts" created through the subdivision process shall be subject to the following provisions: (1) After a site is initially subdivided pursuant to this section, the 11con scr-vationreserve tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. (2) The "c vatioiR-reserve tract" may be considered as a building lot; provided, that such lot is included in the overall density calculation of the original parcel of record __and that development within a "reserve area" easement is consistent with the uses permitted in reserve areas in this chapter. (3) The eons-ervati®r,reserve, tract is created and is unbuildable beyond any building density remaining at the time of land division. This is intended to ensure that the c ns-er-v-ati-enreserve tract open space will remain in the same location adjacent to the clustered lot it serves. (4) The purpose of the caRser-vat+oRreserve tract as stated in subsections (1), (2), and (3) of this section shall be communicated in writing on the face of the plat or short plat; also, the number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or "con-s-ervatio-nreserve tracts."_An_yremaininQ den_sity_b_.evondthe number of.,_lots _created -on the _ol_at_av be assi.gned-to _either _the lots or the reserve tract,. but future subdivision shall not Page 6 of 14 710 Exhibit B: WCC Title 20 Amendments June 4, 2013 reduce _the -size of the reserve area. below_the _m,nimum_percentage of the original parent_parcel_required__in_WCC_20 (5) That the above stated requirements in subsections (2), (3), and (4) of this section shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after review for consistency and compliance with the official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. 20.36 Rural (R) District 20.36.253 Maximum density and minimum lot size. The R-2A district s_a.11owed only within areas d_esiq_n.ated_as_Rural Neighborhoo_ds, as_ described_ in the_Cornp_rehensive_Plan__R SA._andR 10A__districts are allowed._ in the Rural areas; the, Comr)rehenslv_e_-Plan_ conta.i_ns..policies,_regardi_n.� a jjllc8ti-on (3 these, districts within .the _Rural ,designation- Thie_R-10A district is allowed in Urban Growth Area, Reserve., designations. For boundary line adjustments on lots not conforming to minimum lot sizes in this zoning district, lot size averaging may be used by calculating the average lot size of legal lots of record within 500 feet of the outside perimeter of the lots proposed for boundary line adjustment. Minimum Lot Size Min. ]Reserve Min - Reserve Area Area (Cluster (-Cl-aster Subdivisions bdiv-is-ien-s Gutsid-e---of �n-"-Urbian Urban Gr-ow-t-h Growth- Areas) District Gross Density Conventional Cluster A —eas) R-2A without 1 dwelling 5 acres 1 acre 20% N-0/a public water unit/5 acres R-2A with 1 dwelling 2 acres 12,500 655-5% 84-I/fl public water unit/2 acres sq. ft. Page 7 of 14 711 Exhibit B: WCC Title 20 Amendments June 4, 2013 R-5A without 1 dwelling 5 acres 1 acre 5550% 90% public water unit/5 acres R-5A subject 1 dwelling Not 15,000 75% No-t to Agricultural unit/5 acres applicable sq. ft. applicle Protection Overlay (Chapter 20.38 WCC) R-5A with 1 dwelling 5 acres 12,500 7565% 8GO/O public water unit/5 acres sq. ft. R-5A with Maximum: 1 see 15,000 7d65% Not public water dwelling unit/2 20.36.252(2) sq. ft. applile subject to acres per Rural 20.36.252(2) Residential Overlay R-10A 1 dwelling 10 acres 1 acre 7G60% W% without public unit/10 acres water R-10A subject 1 dwelling Not 15,000 75% JNot to Agricultural unit/10 acres applicable sq. ft. app;icable Protection Overlay (Chapter 20.38 WCC) R-10A with 1 dwelling 10 acres 12,500 8070% 80% public water unit/10 acres sq. ft. Public Not applicable No minimum No Not N-ed facilities minimum applicable a-p-pkable approved under WCC 20.36.151 Page 8of14 712 Exhibit B: WCC Title 20 Amendments June 4, 2013 20.36.300 Lot clustering9LL,rggffm _rea and reserve tract. 20.36.305 Lot clustering. (1) The purpose of lot clustering is to provide an alternative method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development costi_and increase energy efficiency and reserve areas of land which are suitable for agriculture, forest ry,_or_open space, or--possib-le-future dev-e-to-ment. (2) The clustering option is also intended to help preserve open space and the character of areas and reduce total impervious surface area thereby reducing runoff while assuring continued viable undeveloped natural vegetated corridors for wildlife habitat, protection of watersheds, preservation of wetlands, preservation of aesthetic values including view corridors, and preservation of potential trail and recreation areas. (3) Lot clustering is required for residential developments on parcels 10 acres or greater when: .(a) Th-e-p-roperty_is-locat-ed--witWn- a-sh- rt-tear-n-planrvi,ig_ar--ea--and.pub,'-Fe...water and sewer--a-r-e not--a-va i la-bl-e- -of _the_,property is located within ao...._urba_n-- growth area ,._reserv_e-to-n-g--term Alarming -area. 20.36.310 Design standards. The creation of new building lots, pursuant to this section, shall be governed by the following recommended design standards: (1) Clustered building lots may be only created through the subdivision or short subdivision process. (2) Building lots s-heul€t--s_hall__be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site. (3) W.tter-e- pr-ac-t-ic--a-1,-Ic he majority of building sites s-1"— u-ld--shal-I_,_be arranged in a cluster or concentrated pattern to be compatible with physical site featureso--allow for -the -,efficient eon,er-ien--ofi-t-he-a r-ese-rv-e-Icra-ct"_to-other--use-in-tbe--future- and have no more than two common encroachments on existing county roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns. (4) Common access to clustered building lots should--shall l_..be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow Page 9 of 14 713 Exhibit B: WCC Title 20 Amendments June 4, 2013 access to the "reserve tract" for the purpose of future approved development --in ,u_rban__grow. h_a_reas andu,rban_,Qrowt_h,_a_rea reserves. (5) Where the boundaries of a proposed cluster subdivision includes land in more than one rural zone designation (R2-A, R-5A and R-10A) the following shall apply: (a) The total number of units permitted shall be computed by separately calculating the number of lots allowed in each zone district based on the amount of land area within the district. The number of lots allowed in each district shall be totaled to arrive at the total number of lots. (b) Lot clusters may be distributed or arranged on property(s) covered by the subdivision such that density from an R-5A or R-10A portion of a subdivision may be transferred to an adjacent portion of the subdivision with a different rural zoning designation (R-2A, R-5A or R-10A); provided, the total number of lots for the entire subdivision does not exceed the number calculated in subsection (5)(a) of this section; and provided further, that the lot design is consistent with subsections (1) through (4) of this section. Density from R-2A portions of the subdivision may not be transferred to R-5A or R-10A portions of the subdivision. (6) In order to preserve rural character, no more than 16 residential lots shall be permitted in one cluster and there shall be at least 500 feet of separation between any new clustersp_,_excer.). t when the cluster su_bdivisi,on_i_s_ located ona_ parcel_,or contigu_ou_s_parcels in_the_same.-ownersill ,,greater t_h_a,n 20,aCre51 2 .3 .315 Reserve area. easement on the subdiv_ision,)lat. shall establish _a. -_reserve area per.. the definition in_WCC.20 97__344 that is__protected in -_perpetuity_ so,lonq as it not within an urban g.ro.wtharea. _The minimum )ercenta_ge of the parent__parcel required to. be within_a_reserve area,_is„_shown i_n_WCC_._20 3&253.. (_2-) A_reserv.,e-..area.may._contai_n_.- infra_structure_necessary for_ahe,,,subdivision,. including but._notlirnitedto.underground utilities, stormwater ponds,_and ,on s_i_te septic system com-ponents, and, in reserve areas designated for -_agriculture, - structures used _for .on -site . agricultural_ uses peritted__ in WCC 20.36 052 Above- . grou_nd_hard _surface infrastructure such ._asroads and water_ tanks may be included in -a reserve. tract, but the, area occupv,shall not _be included in the reserve area percentaqe_required_in WCC20__3,6253_. 20.36.320 Reserve tract. For the purposes of this section, "reserve tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, or open space o-r-future d-evea-a-prnent--purposes. All "reserve tracts" created through the subdivision process shall be subject to the following provisions: Page 10 of 14 714 Exhibit B: WCC Title 20 Amendments June 4, 2013 (1) After a site is initially subdivided pursuant to this section, the "reserve tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. (2) The "reserve tract" may be considered as a building lot; provided, that such lot is included in the overall density calculation of the original parcel of record -and that devgjpp ment._within a "reserve..area"_easement is consistent_ with, the uses permitted,,. in reserve_a_reas in._this chapter. (3) The "reserve tract" may be further subdivided only through the long subdivision process and only under one of the following circumstances: (a) The county finds that in developing adjacent tracts it would help to further the objectives listed in WCC 20.36.305(2) by dividing the reserve tract and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in reserve area; and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract; or (b) When the Comprehensive Plan and zoning have been updated as part of the normal process (other than a revision initiated by the private sector or done for a specific area) and the public process has been gone through, subject to findings that there is no adverse impact to critical areas and development is in compliance with rural land use Comprehensive Plan policies, and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract; -of (e)-The-site- is-w+t arid- b4+c— Gef -a &-sew-er_-se�ve thre -pre-posed devefipmeft o-n the- r-es-erve- tract: (4) The purpose of the reserve tract as stated in subsections (1), (2) and (3) of this section shall be communicated in writing on the face of the plat or short plat; also, the number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or "reserve tracts. "_Annr,_re_main_in-g _density__ gTond_ the number of lots_ created on the_pJat_may be assigned, to either_th-e_lots or. the reserve tract,__b_ut future_su_bdivisi-on shall not reduce_ the size_ of the.res_erve area below the rninimurrrercenta_ge of the origina.i__parent parcel. required_ in WCC 20.36.253. (5) The requirements of subsections (2) to (4) of this section shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after Page 11 of 14 715 Exhibit B: WCC Title 20 Amendments June 4, 2013 review for consistency and compliance with the Official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. 20.82 Public Utilities 20.82.030 Conditional uses. The following uses shall require a conditional use permit or major project permit and shall be subject to a threshold determination in accordance with the Whatcom County SEPA Ordinance: (3) New water lines with a-._nomina..I_._pi..pe.._ size greater than eight inches except for the fol_lowina, which are permitted outrig_ht_;_ ( kJ__IVe_w___w_ater lines located and installed by a public utility or municipality within urban growth areas; or limited areas .ofmore intensive rural development �LAM IRDsl,--or—l-t+r-,at-Neighborheeds, or; _b)NNnew water lines outside urban growth areas or limited areas of more intensive rura-l__development (LAMIRDs)_.in conformance with a state approved water comprehensive plan .pursu_a_ntto..RCW_43.2.0,260 and consistent with the Whatcom County Comprehensive Plan,-whieh-s-ha-R-b e-i3,e-r-m tted--a-ut-rig#t so long as they are water transmission lines_pe_r_WCC-__20.97.4�52,o_rprovide service a_tanintensity _ historically a.nd._tXpically__found_„_in rural_._areas, p_er RCW36_7®A,030�1.7), incl_u_d.i_n.g but not limited to agricultura.i_uses,_.Water service for uses or densities not ermitted in rural or resource areas shall ,not be extended or expanded outside urban _growth areas or limited areas of more intensive rural development LAMIRDs)), except where necessary to protect basic public health and safety and the environment and when such services _are _financiaLly_su,pp rtabl_e at rural densities and do not.Dermit u,rbandevelopment,.per RCW 36_-70A 110(4), 20.97 Definitions Page 12of14 716 Exhibit B: WCC Title 20 Amendments June 4, 2013 When the lot.__cl_usteri_na method _ofland ._division ._or subdivision ._i_s.,_used,,_the "reserve area,". s_an ea e-ment__o.n a.proposed_divison_,_subdivisionor short.. subdivision which is reserved for agricultural, forestrX�or open space purposes in Derpetu ty, or for other future -approved develODmentpurposes as specified in Whatcom County Code. 20.97.345 Reserve tract. When the lot clustering method of land division or subdivision is used, the "reserve tract" is that portion of a proposed cluster division, subdivision or short subdivision which iS_. intended _for a_aricu_ltural,, forestry. open. space, or other futu_re_a_oproved de_v_elopment_purposesA reserve _area ,._easement .._may cover all or Dart .of._a_reserve tract _A, portionof a reserve tract _may be developed but development within.,_a reserve area easement shall be limited to that permitted per the reserve area standards for the _zonin.g_district .in_ which _the tract ..is located. "Wa.ter_transm,issionlines" _mea,ns_p_�es used_t.o_.conve_y water _from„_so_u_rce.,._,stora,ge., or treatment facilities to Doints of distribution or distribution mains, and from source facilities to treatment _orstorage_ facilities,.This also can _.include _transmission , mains connecting_ one sectionof distribution system_to_another section of distribution, system as -long as this transmission _main is clear) defined _on.the plans and no service connections are allowed along the transmission main. WCC TITLE 24 HEALTH CODE 24.11 Drinking Water. 24.11.050 General requirements. A. Applicants must submit all required forms, letters and documents to the director. B. The director will consider applications for water availability proposing to use groundwater, spring water, surface water, sea water or rainwater. Page 13 of 14 717 Fort Bellingham / Marietta File #: PLN2012-00012 Zoning Changes Existing Zoning Boundary Proposed Zoning Boundary ® Proposed Rezone Area " Rural Residential Density Overlay Proposed Zoning - RR5A (not in parentheses) Existing Zoning - (RR2) . A f.I tIIr4IGNT WITH rl IF.1011.01VINf STAY I1411' VI ,Mr Ofif.11'fi �,�tN'OYiI./gtl� OOGNshs U�QyfP,�GOM yh<" Wl lu Ay tll 11 y fy I h lbll11 aflp0y I i'le fll: f YI h 'I .p nr .n lme n -h mmml, ft ua - m y ym tl P n I'IYI Jyl1f 111 pan. }% �f'f lllyl T �s of ll'. au os ell cesU. ell.i,ve 11 orwf rfd fi rla IIW1,I—iV-Ay hnrrt f 1. 9xln,1 II�: y;yq " la�nn�ew,r 3ervte°, 0 330 660 1,320 1,980 2,640 Feet AIRS-LR'Liklltlllf I 718 File #: PLN2012-00012 Zoning Change Existing Zoning Boundary Proposed Zoning Boundary f; Proposed Rezone Area Rural Residential Density Overlay Proposed Zoning - RRSA (not in parentheses) Existing Zoning - (RR2) North Bellingham py GIOVUhffGI1M1TY9 GIG G1A hTlltC US[US '' PPY SG�M �0 sF ' AGIikFhtftii VITNl{F: 1OI.I.OWIIG STATEMENT ' WI �' Ry IhIR s lily lrr�ra y I II , I ny Vrfl vin pVn' p -or rta:m,u,-r—,fi, nrl 011n aorar £ _53: ..... ilYd "nndvlrlrleJ nn 11 is man. Myc ru ih"s n..pnsc Dellreepnuslb llf �orisa llN-1, and _ OnlLer ap au;.n tia.AlUYal�am po,MY herrnlnva lra �e,da9a!nvl any pzmnOC, Ip6s. .q, GAl lllly dtldntl trpm aw 1c MV. mat = - - ! z' �%S serve 0 330 660 1,320 1,980 2,640 Feet Mune 4, 2013 by gid 719 Welcome File #: PLN2012-00012 M �W 1Nf•OHMq pyO CO C�G�s�iv 116r. or IhTCOM GI1[IN IY'S G IS DATA IMPLIES THE II SEIVS A GOErh1CNT WITH TI I E FOLLpt4'IFG-111MEHT: �QpQ Proposed Rezoning Whmor;couney dkdvin,"'i-errvIV of mmchonloIII Illy or lyuraq S, 0fill — flllio .,.p1 yl .r- I pop-, p111. nq,tt or N --y Is lrpllop 1 niad, ralmolmolne zcv wrr Gy s ly Id I Oplolpd on Ills Map. Existing Zoning Boundary .I IpmrrglnnslnhatdUilli nICR.MyhRltmllpeelrpmaltln.f old dol rtinuy`D Proposed Rezone Area IILmr.no. In , nr 11p111R, aN5 en from ply Ilso of 01., nMo. �' S Serolc� 0 165 330 sso 990 20 t'3Feet Proposed Comprehensive Plan designation - Rural Neighborhood (not in parentheses) Existing Comprehensive Plan designation - (Rural) March 6, 2013 by gld 720 WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2 012-422B CLEARANCES Initial Date Date Received in Council Of ce Agenda Date Assigned to: Finance and Originator: ME 5121113 5121113 6118113 Council Division Head: 5121113 Dept. Head: DBD Prosecutor: Knf 5116113 Purchasing/Budget: We 5121113 Executive: TITLE OF DOCUMENT.• Amendment No. 2 to Whatcom County Contract No. 201212020 (Contract Between Whatcom County and Van Ness Feldman GordonDerr, Attorneys at Law) ATTACHMENTS: Amendment #2 SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This is an amendment to Whatcom County Contract No. 201212020, the contract for legal representation by Van Ness Feldman GordonDerr, Attorneys at Law, to increase the maximum consideration by $40,000.00, for a total contract amount not to exceed $90,000.00. COMMITTEE ACTION: COUNCIL ACTION: 6118113: 6118113: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 201212020 AB2012-422 and 422A Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatconz.wa.us/council. 721 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 201212020-2 Originating Department: Whatcom County Council Contract Administrator: Whatcom County Prosecutor Contractor's I Agency Name: Van Ness Feldman GordonDerr, Attorneys at Law Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No _X_ Yes X No If yes, previous number(s): 201212020 Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes _ No X 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 orm If yes, indicate qualified exclusion(s) below: Contract less than $100,000. _X Professional services agreement for certified/licensed professional Work is for less than 120 days Contract for Commercial off the shelf items (COTS) Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $ 50, 000.00 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ 40, 000.00 greater, must also go to Council and will need an agenda bill and Total Amended Amount: supporting memo. If less than these thresholds, just submit to $90,000.00 Executive with supporting memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] The Contractor shall represent Whatcom County and assist in the preparation of its legal defense of Ordinance No. 2012- 032 in Growth Management Hearings Board case number 12-2-0013. Tasks include briefing and argument at the upcoming hearing on the merits. To the extent any of the issues raised in case number 12-2-0013 are addressed in the Board's compliance order in case number 11-2-00120c, Contractor's scope of work will additionally include assisting the County in the preparation of its legal defense on those issues in case number 11-2-0010c. In addition, the Contractor shall represent Whatcom County and assist in the appeals of Growth Management hearings Boards case no. 11-2-0010c. Term of Contract: One Year I Expiration Date:12114113 Contract Routing SteDS & Signoff' [sign or initiall [indicate date transmitted 1. Prepared by: KNF Date 5116113 [electronic] 2. Attorney reviewed: KNF Date 5116/13 [electronic] 3. AS Finance reviewedT mdc Date 5121113 [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 [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 722 Whatcom County Contract No. 201212020-2 Amendment No. 2 Whatcom County Contract No. 201212020 CONTRACT BETWEEN WHATCOM COUNTY AND Van Ness Feldman GordonDerr, Attorneys at Law THIS AMENDMENT is to the Contract between Whatcom County and Van Ness Feldman GordonDerr, Attorneys at Law, dated December 10, 2012 and designated "Whatcom County Contract No.201212020." In consideration of the mutual benefits to be derived, the parties agree to the following: This amendment amends the Compensation, Exhibit B as follows: The maximum consideration for this agreement shall be increased by $40,000.00, for a total contract amount not to exceed $90,000.00. Unless specifically amended by this or prior amendments, all terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect: June 18, 2013, regardless of the date of signature. IN WITNESS WHEREOF, Whatcom County and Van Ness Feldman GordonDerr, Attorneys at Law have executed this Amendment on the date and year below written. DATED this ey at day of , 2013. STATE OF WASHINGTON ) ) SS. COUNTY OF WHATCOM ) On thisday of 2013, before me personally appeared lk� IA4pr to me known to be the Managing Partner of kan Ness Feldman GordonDerr, Attorneys at Law, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. 0 PIIBI_IC in and for the State of Washington, t �l oT� residin t% r••.a�qm My commission expires .WAS %k 723 WHATCOM COUNTY: Approv as to form: 13 rosecuting Attorney Date Approved: Accepted for Whatcom County: -31 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: CONTRACTOR Van Ness Feldman GordonDerr, Attorneys at Law 719 Second Avenue, Suite 1150 Seattle, WA 98104-1728 Contact Name: Jay Derr Contact Phone: 206-623-9372 Contact FAX: 206-623-4986 Contact Email: jpd@vnf.com 724 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013 - 214 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 6/10/2013 6/18/2013 Council Division Head: Dept. Head: to 1 C) ° Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Appointments of Jack Louws and Kathy Kershner to serve on WSAC Board ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is all ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Appointment of County Executive Jack Louws to serve as a representative on the Washington State Association of Counties' Board of Directors, with Council Chair Kathy Kershner to serve as alternate. COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www. co. whatcom. wa. us/council. 725 Washington State Association of Counties May 17, 2013 Whatcom County Executive Jack Louws Whatcom County Councilmember Kathy Kershner, Chair Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Executive Louws and Chair Kershner: The Washington State Association of Counties' Board of Directors is charged with the "general supervision over the affairs of the Association..." recent changes to the WSAC bylaws provide for the following representation on the WSAC Board of Directors: "(e) One representative and an alternate, who is an Active Member, from each county of 180,000 population or greater," Whatcom County's estimated 2013 population is 203,500 and therefore is eligible for a representative on the WSAC Board of Directors. Attached is a "WSAC Board Member and Alternate Board Member Appointment for Counties over 180,000 in Population" form. Please complete at you earliest convenience and return to WSAC. The WSAC Board of Directors generally meets four times each year (January, May, September, and November). The next two regularly scheduled meetings of the WSAC Board of Directors are as follows: • Friday, September 20, 2013, 10:30 a.m. — 2:30 p.m., Kittitas County, Ellensburg • Tuesday, November 19, 2013, noon — 3:00 p.m., Clark County, Vancouver For a more complete description of the role of the WSAC Board of Directors, please view Article 3. Board of Directors at http://www.wacou nties.org/wsac/leaders hi p/Approved%20Bylaws%2011-19-09. pdf. Additionally, WSAC Policy states that WSAC Board of Directors may: "request reimbursement for travel, lodging and meal expenses to attend board meetings except for those scheduled in conjunction with WSAC Conferences. The member will be reimbursed for actual expenses up to a maximum of $250 for each meeting." If you have any questions regarding membership on the WSAC Board of Directors, please do not hesitate contacting, WSAC Executive Director Eric Johnson at 360-489-3013 or ejohnson@wacounties.org. Sincerely, Todd Mielke, President Spokane County Commissioner Eric Johnson Executive Director 726 Washington State Association of Counties WSAC Board Member and Alternate Board Member Appointment for Counties over 180,000 in Population WSAC Bylaws (Section 3.4) provide for the following membership as part of the WSAC Board of Directors: (e) One representative and an alternate, who is an Active Member, from each county of 180,000 population or greater; (f) The county executive, who is an Active Member, from each county in the State of Washington with more than one million population. As such, it is necessary to designate each year your county's Board Member and Alternate Board Member. YEAR: 2013 Please check: ❑ King County Executive (1,975,000) ❑ King County Council (1,975,000) ❑ Pierce County (808,200) ❑ Snohomish County (722,900) ❑ Spokane County (475,600) ❑ Clark County (431,250) ❑ Thurston County (256,800) ❑ Kitsap County (254,500) ❑ Yakima County (246,000) XX Whatcom County (203,500) ❑ Benton County (180,000) WSAC PRIMARY BOARD DESIGNEE: Whatcom County Executive ,Tack Louws WSAC ALTERNATE BOARD DESIGNEE: Whatcom County Council Chair Kathy Kershner Approved, this day of , 20 Chair, County Council/Commission or County Executive 727 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-232 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 6110113 �"") �"� � FE. ,SUN 1 1 2013 W1 A COM COUNTY COUNCIL June 18, 2013 Council Division Head: Dept. Head: Prosecutor: Purchasing/Budget: Executive: �`®®®a 3 TITLE OFDOC-17AMNT, Appointment to the Whatcom County Parks & Recreation Commission ATTACHMENTS: Application for appointment from Richard Sturgill SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMA R Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Jack Louws requests confirmation of his appointment of Richard Sturgill to fill the District 3 position on the Parks and Recreation Commission. COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www co.whatcom.wa.us/council. 728 JACK LOUWS County Executive 9 ''y �v ,r om lit: NCILMEMBERS: B rbara E. Brenner Sam Crawford Kathy Kershner MAY 7 2 Bill Knutzen � c� Pete Kremen ° Ken Mann ct JACK LOUvV�3 Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COU 4ri�MMISSIONS PLEASE PRINT LEG)HE:LY and COINIPLETE ALL Il-ENi S Name: �� �� - �. 4� 1 O,�-C��r Date: 16 Street Address: �� 1-----►- J �»-�� City: 11,L ti N:E Zip Code: q R230 Mailing Address (if different from street address): � t� Day Telephone: — ; 1' 2 Evening Telephone: �°� � Cell Phone: %LOI-3Q6I E-mail address: fZ a Cm a a-,-s e= n o.-T 1. Name of board or committee -please see reverse: 2. You must specify which position you are applying for. h' Please refer to vacancy list. 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) _ _ _ 0) Yes ( ) no 4. Which Council district do you live in? - - -- - - - -- - ( ) One ( )Two (x) Three 5. Are you a US citizen? __ _ _ _... _ ........__....._-_-__. _.._..____ Oyes ( ) no 6. Are you registered to vote in Whatcom County? - - - - (�) yes ( ) no 7. Have you ever been a member of this Board/Commission? - - - -- - - - ( ) yes SjO no If yes, dates: 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? - - ( ) yes ( no If yes, please explain: 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community 50) 3 - p 4;,G kc o/4. A �l fIr m�, tea E QooO-Q) PArzk s A PA 0) Yam AT IA/1 h m AX non `I'Wo %Et MCA d' V lye 10. Please describe why you're interested in serving on this board or commission:_1 RM 16 Tf 0 E S_r IV V A9 R-Ec lSC � A'.vit f3r__LiP\,r---f— Aw QuALArA-rjhvvro References (please include daytime telephone number): GARaLAIlif e�k VWAr 332 23JJ� - Signature of applicant: 0- THIS IS A PUBLIC DOCUMENT. As a candidate for a public board or commission, the above informations wili 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. 729 WHATCOM COUNTY COUNCIL AGENDA BILL NO 201 3-239 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 6110113 G� E E UN 4`®, g J � 11 2013 E� I 0� COUNTY COUNCIL June 18, 2013 Council Division Head: Dept. Head: Prosecutor: Purchasing/Budget: Executive: e-' 0 /03 TITLE OF DO . Appointment to the Whatcom County Appeals Board ATTACHMENTS: Application for Appointment SEPA review required? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Jack Louws requests confirmation of his appointment of Larry Collier to the Whatcom County Appeals Board. COMMITTEE ACTION. COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. 730 RECEIVED JACK LOUW COUNCILMEMBERS: County Executive P� Barbara E. Brenner Sam Crawford f U N 0 3 M3 3 Kathy Kershner Bill Knutzen �e\., 2 Pete Kremen JACK 4 1-0 Ken Mann COUNTY �! 't`,. C UTI Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE_ PRINT LEGIBLY and COMPLETE ALL ITEMS Name: ACIZ ``9 0 L AL I i` t_ Date: Street Address:. �1 a� 1101 I) CiL e City: Mailing Address (if different from street address): Day Telephone: L>�' Evening Telephone: E-mail address:__ - Zip Code: Cell Phone: �3u -) ` b ` & I. Name of board or committee -please see reverse: (' 0 j "� P12 /LL 5 9 642 1Z 0 2. You must specify which position you are applying for. Please refer to vacancy list. � ! !' l5 C i 4VL41kAELL. #% 7*16 I - AL 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) _. _..- _-.... j�c) yes ( ) no 4. Which Council district do you live in? ( ) One ( ) Two (A Three 5. Are you a US citizen? _ .... ... - (,4 yes ( ) no 6. Are you registered to vote in Whatcom County? - Cg yes ( ) no 7. Have you ever been a member of this Board/Commissign? - (}(yes ( ) no If yes, dates: U e l34,14,12 ► 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 Wno If yes, please explain: 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. gf&2912 ELL 011 6►`'r.=Cl9/. t-6 Gt; -f y2s`6fL.Ai'a �` 10. Please describe why you're interested in serving on this board or commission: j & tj7'1Z&"0;, ®° rx C References (please include daytime telephone number): �� irJ 1C`I t' & 907 N Signature of applicant: PUBLIC DOCUMENT: commission, available to the County Council, County Executive, and the public. All board and commission membe7rs expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by the ­xpectations may ':fi in revocation of pp m" d removal fromappointiveposition. 731 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-202 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator.. JPR 5/13/2013 © rC' �� p `\' f - ��� C 6/ 18/ 13 Public Works Introduction Division Head: JPR 511312013 / 9 / 13 L�= IJ \� L i_i �J MAY 1 1 Hearin Dept. Head: A ae/ 057 �� Prosecutor: VVWCOM COUNTY Purchasing/Budget: COUNCIL ®a2 a9 /, 3 Executive: 4NT. TITLE OF DO Closure of a portion of Boundary Road (at SR 539) ATTACHMENTS: 1. Memo to County Executive and Council 2. Ordinance 3. Vicinity map 4. Letter dated 4117113 from Washington State DOT requesting closure SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? (X) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: 611812013 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 has been requested by Washington State Dept. of Transportation to close Boundary Road where it intersects with SR 539 south of the international border. The closure will allow WSDOT to proceed with their project to enhance the border crossing by shifting SR 539 200 ft. east onto this portion of Boundary Road. WSDOT will add a truck lane, a NEXUS lane, install new illumination systems, construct new storm water treatment facilities and install new ITS systems. Closing this portion of Boundary Road will allow WSDOT to re grade, pave, sign and stripe the road. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. 732 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Frank M. Abart Director CO Joseph P. Rutan, P.E. County Engineer/Assistant Director 3 s 322 N. Commercial Street, Ste 301 Bellingham, WA 982254042 �4sk�nlG�Oe�' Phone: (360) 715-7450 RECITIVED Memorandum To: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council Through: Frank M. Abart, Director /W t7a From: Joseph P. Rutan, P.E., County Engineer/Assistant Directo /M Date: May 17, 2013 Re: Ordinance Closing a Portion of Boundary Rd. MAY 2 0 2'02 JACK LOUWS COUNTY E EECU IV Requested Action: Recommend adoption of an ordinance to close a portion of Boundary Road where it meets SR 539 (Guide Meridian) per Washington State Department of Transportation's request to enhance the Lynden-Aldergrove Port of Entry and border crossing. Background and Purpose: -rhe County Engineer is recommending closing Boundary Road where it connects to SR 539 to facilitate Washington State Department of Transportation's project to reconfigure the SR 539 approach to the International Boundary at the Lynden-Aldergrove Crossing. Information: This ordinance will allow Washington State Department of Transportation to proceed with their design to shift SR 539 200 ft. east onto Boundary Road to improve the border crossing. Improvements will include the addition of a truck lane, a NEXUS lane, new illumination systems, construction of a new stormwater treatment facility and new ITS system. When this portion of Boundary Road is closed WSDOT will commence re -grading, paving, signing, and striping the area. Completion of this project will serve the US Customs & Border Protection as well as the traveling public. When Boundary Road is closed, the Public will have to use Double Ditch Road to gain access to points north or south. This detour will be from one to three miles depending on the direction drivers are headed. c:\documents and settings\smock\local settings\temporary intemet files\content.outlook\pmy8bnbi2013_boundary rd memo .doc 733 SPONSORED BY: PROPOSED BY: Public Works - Engineering INTRODUCTION DATE: 06/04/13 ORDINANCE NO. CLOSING A PORTION OF BOUNDARY ROAD WHEREAS, the Whatcom County Council has been requested by the Washington State Department of Transportation (WSDOT) to close a portion of Boundary Road at SR 539, and WHEREAS, WSDOT is improving the International Border Crossing by reconfiguring the SR 539 approach to the International Boundary at the Lynden-Aldergrove Crossing by reconstructing SR 539 where Boundary Road now exists, and WHEREAS, the design requires that this portion of Boundary Road be closed for the facility to be built, and WHEREAS, the Whatcom County Council is authorized to close the road according to the provisions of RCW 36.32.120. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Public Works Department of Whatcom County is hereby directed, subject to further consideration for re-establishing access for adjoining property owners and the public, to close this portion of Boundary Road at SR 539 to vehicular traffic. ADOPTED this day of 52013. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Kathy Kershner, Council Chair APPROVED AS TO FORM: &�' �hu�j Chief Civil Deputy Prosecutor O Approved O Denied Jack Louws, Executive Date: 734 Vicinity Map Proposed Boundary Road Closure 3 Ave 3 Ave Aldergrove PortReserve 2 Ave 2 Ave Canada of Entry i Arc_" t ; n t d Proposed Portion #' Boundary Rd. to be closed 4 [i 5 ppbtt �j gg5 S HSt Rd _........_._.__._..... i ca a� QY m t� F, � i�fit if�Ea fq4 t s: © 2010 NAVTEQ © AND © 2013 Microsoft Corporation Proposed Road Closure Y�\O INFORMgTTO �QP P�G�M cOG °k y�'t' 00/3 73gssa�,�g processed by map 519111 VrWashington State ffl Department of Transportation Lynn Peterson Secretary of Transportation April 17, 2013 Frank M. Abart Whatcom County Public Works 322 N. Commercial St_ Ste. 210 Bellingham, WA 98225 Northwest Region Belliu,itam Proicx t f:nginecr ; (V cc .00 Stu ar Road Bellingham_ V,, _k 9.S"26 Subject: SR 539 Lynden-Alderg rove Port of Entry Improvements Project — Closure of Boundary Road Connection with SR 539 Dear Mr. Abart, The Washington State Department of Transportation (WSDOT) is designing a project to reconfigure the SR 539 approach to the International Boundary at the Lynden-Aldergrove Crossing. The Canadian Border Services Agency (CBSA) is re -constructing their Port of Entry east of the existing facility. As part of the coordinated improvements, WSDOT will be slufiing SR 539 200' east onto the Boundary Road footprint approaching the border. WSDOT's proposed improvements include the addition of a truck lane, a NEXUS lane, installing new illumination systems, constructing new stormwater treatment facilities and installing new ITS systems. Design of this project is approaching 90% completion and WSDOT designers have identified areas within Whatcom County Rights of Way that will be impacted by project improvements. Work to be conducted in these areas primarily consist of re -grading, paving, signing, striping and closure of the Boundary Road connection with SR 539. Project Schedule Hilestones • November 2013 Advertisement • May 2014 Begin Construction • October 2014 End Construction During project development WSDOT has reached out to many of the project stakeholders to share our plan to close the Boundary Road connection with SR 539. • US Customs and Border Protection has expressed support of the change as it will eliminate an operational problem that the Boundary Road access point causes during border back-ups. • Duty Free has been made aware of the proposal and is actively working with WSDOT to ensure they can continue to operate after the improvements are made. 736 Page 2 April 17, 2013 Frank M. Abart ® In order to construct a cul-de-sac on Boundary Road, WSDOT will be acquiring property from one parcel, Daryl VanderHaak. The project team has been in regular ongoing communication with Mr. VanderHaak and he has been very cooperative throughout the effort. Right -of -Way negotiations for the needed property are scheduled to begin within the next month. • WSDOT has hosted one open house to discuss and receive input from the public about this project. The open house was held on 51110 11 at the Lyrden City Hall Annex. During the open house WSDOT received moderate support for the project improvements. No future Open houses are planned. • The CBSA project will be making street modifications that will modify 0 Avenue's connection point that currently conflicts with the future configuration of the Candian Port of Entry. We will be applying for a construction permit and preparing a Turn Back Agreement with Whatcom County within the next month, but welcome any comments you have about the proposal at this time. I have spoken with Joe Rutan and it is my undersanding that the closure of Boundary Road's connection with SR 539 will require �Vhatcom County Council's approval and a hearing. P lease consiuer tills our formal request to initiate these processes. I would be happy to address any questions or present the project to County staff and officials as needed. If you have any questions or would like to discuss the project, you can contact me at (360)757-5901. Attached for your review are proposed channelization plans and right or way plans. Si cerely, Patrick Fuller PE Assistant Project Engineer PF:RVIK Attachments: Cha nelization Plan, ROW Plan. Cc: Project file: XL4244, COR - Correspondence .Toe Rutan, Whatcom County Road Engineer 1':'4133 4 l-.4244 Lyndc:n_Alder,rove_POE Correspondence`2013 _04_.17 Whataam Count; R.Lyuest For Bnundmy Rd C'losurc.tluc 737 WHATCOM CO UNTY CO UNCIL AGENDA BILL No. 2013-234 CLEARANCES Initial Date Date Received in Council O tce Agenda Date Assigned to: originator: { R E E ��-/' /18/2013_ Introduction Division Head: T7K� " JUN 11 2013 WHATCO COUNTY 7/9/2013, P&D/Council Dept. Head: g R Prosecutor: � � j�(� PurchasingBudget: COUNCIL Executive: A o 1p'3 TITLE OF ENT. Cornwall Church Development Agreement ATTACHMENTS: (1) Ordinance (2) Hearing Examiners Recommendation and Conditions SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language.for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The applicants, Cornwall Church, are proposing a development agreement pursuant to RCW 36.70B.170-.210 and WCC 16.16.260(E) to mitigate wetland and wetland buffer fill in order to create additional parking pursuant to Conditional Use Permit (CUP) 2012-00001. 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.wha1com.waus1counciL '.J V WHATCOM COUNTY Planning & Development Services sP `tia 5280 Northwest Drive, 3 r Bellingham, WA 98226-9097 ? 360-676-6907, TTY 800-833-6384 93NING�O 360-738-2525 Fax MEMORANDUM TO: Whatcom County Council Members THROUGH: Sam Ryan FROM: Amy Keenan, AICP, Senior Planner DATE: May 29, 2013 SUBJECT: Cornwall Church Development Agreement I.E. "Sam" Ryan Director JUN 0 5 2013 The applicants, Cornwall Church, have applied for a conditional use permit (CUP) and development agreement for mitigation for wetland and buffer fill to create additional parking spaces at 4518 Northwest Drive in the Rural (R5A) zone. The site includes approximately 49 acres of land. Development on the site includes the church, parking, potable water and fire flow tanks and a stormwater detention pond. Several wetlands and associated buffers are located throughout the property. The Whatcom County Hearing Examiner held an open record public hearing on the CUP and the development agreement on May 22, 2013. The Hearing Examiner reviewed the record, the staff report and the proposed development agreement and approved the CUP on May 28, 2013. The Hearing Examiner also prepared the attached Findings of Fact, Conclusions of Law and Recommendation to the Whatcom County Council for review and consideration for the development agreement. Allowing the wetland and buffer fill with mitigation will allow the church to expand their parking area to serve the needs of the congregation. 739 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE # ORDINANCE TO ENTER INTO A DEVELOPMENT AGREEMENT TO MITIGATE FOR WETLAND AND WETLAND BUFFER FILL IN ORDER TO CREATE ADDITIONAL PARKING PURSUANT TO CONDITIONAL USE PERMIT (CUP) 2012-00001. WHEREAS, notice of the Whatcom County Hearing Examiner public hearing for the development agreement was published in the Bellingham Herald on May 9, 2013; and, WHEREAS, notice of the Whatcom County Hearing Examiner public hearing was posted on the subject site; and, WHEREAS, notice of the subject development agreement was sent to state and local agencies, and property owners within 1000 feet of the site, on February 15, 2013; and, WHEREAS, the SEPA Official issued a Determination of Non -significance on April 15, 2013; and, WHEREAS, the Whatcom County Hearing Examiner held a public hearing relating to the subject development agreement on May 22, 2013 and recommended approval of the development agreement; and, WHERAS, the Whatcom County Hearing Examiner received testimony and prepared the Findings of Fact, Conclusions of Law, and Recommendation to the Whatcom County Council for Council review and consideration. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT 1. The applicant is requesting a Zoning Conditional Use Permit and Council Approval of a Development Agreement to allow 9,200 square feet of wetland and buffer fill on the Cornwall Church campus at 4518 Northwest Drive. 2. The proposed wetland and buffer fill will allow for construction of 126 additional parking spaces in the southwest corner of the site. The applicant will also re -stripe the existing parking lot to create additional compact parking spaces for a total of 673 parking spaces. 3. The Development Agreement, pursuant to WCC 16.16.260(E) and 1 740 RCW 36.706.170-.210 includes a mitigation plan that has been approved by the United States Army Corps of Engineers and Whatcom County Planning and Development Services. The mitigation plan includes 1.96 acres of wetland and buffer enhancement in the north and northwestern portion of the property. At least 1.27 acres of that total will be wetland enhancement. 4. The proposal is consistent with the general purpose and intent of the critical area ordinance as well as the Whatcom County Comprehensive Plan. 5. A Zoning Conditional Use Permit for the parking lot and the interior remodel of approximately 11,900 square feet of the existing gymnasium and second floor space with multipurpose spaces and additional classrooms was approved by the Whatcom County Hearing Examiner on May 28, 2013. CONCLUSION This proposal meets all of the legal requirements as noted within the Findings of Fact, Conclusions of Law, and Recommendation to the Whatcom County Council. The Development Agreement will result in enhancement of wetland and wetland buffers to fully mitigate the impacts to critical areas on the site. The subject development agreement is consistent with WCC 16.16.260(E) and RCW 36.7013.170 through .210 and serves the public interest. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The development agreement, is hereby adopted as shown in Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this day of , 2013 ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON WHATCOM COUNTY, WASHINGTON 2 741 Dana Brown -Davis, Council Clerk APPROVED as to form: Civil ut -P secutor Kathy Kershner, Council Chair ( ) Approved ( ) Denied Jack Louws, Executive Date: 742 WHATCOM COUNTY HEARING EXAMINER RE: Zoning Conditional Use Permit Application for Cornwall Church CUP2012-0001 and Associated Development Agreement FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION ON CUP2012-0001 AND RECOMMENDATION TO THE WHATCOM COUNTY COUNCIL ON DEVELOPMENT AGREEMENT SUMMARY OF APPLICATION DECISION AND RECOMMENDATION Application: The Applicant is requesting a Zoning Conditional Use Permit and approval of an associated Development Agreement to allow construction of a new 126 space parking lot and re -striping of the existing lot in order to add additional compact spaces. The proposed project will bring the total parking space count to 673 spaces. In addition, the Applicant also seeks to remodel a portion of the existing gymnasium space to provide a multi -purpose room and classrooms, and to add a second floor space within the existing building envelope. The associated Development Agreement between Whatcom County and the Applicant, along with the attached mitigation plan, is to allow approximately 9,299-square feet of wetlands in the southwest corner of the site to be filled and for full mitigation by wetland and wetland restoration, as described in the Mitigation Plan attached to the Development Agreement, as Exhibit C. Decision: The Whatcom County Hearing Examiner grants approval to CUP2012-0001, subject to conditions. 743 Recommendation: The Hearing Examiner recommends that the Whatcom County Council approve the associated Development Agreement prepared by Cornwall Church and Whatcom County Planning and Development Services, in consultation with the Washington State Department of Ecology and the U.S. Army Corps of Engineers. FINDINGS OF FACT INTRODUCTION The following Findings of Fact and Conclusions of Law are based upon consideration of the exhibits admitted and evidence presented at the public hearing. Applicant: Cornwall Church Site Location/Address: 4518 Northwest Drive Bellingham, Washington 98226 Legal Description: A portion of Section 02, Township 38 North, Range 02 East, W.M. Assessor's Parcel Number(s): 380202 410033, 380202 282077, and 380202 358085 Zoning: Rural (R5A) Comprehensive Plan: Rural Subarea: Urban Fringe Total Acreage: Approximately 49 acres Roads: Private internal access roads Water Supply: Group 'B' Well Sewage Disposal: Onsite septic system Fire Protection: Fire District 8 Law Enforcement: Whatcom County Sheriff's Office 2 744 Public Schools: Bellingham School District Topography: The site slopes from the southeast corner down toward the lowest spot in the northwest corner. There are significant slopes running north/south through the central portion of the property. Vegetation: The eastern portion of the site is forested and mostly undeveloped. The northwestern portion of the site contains mowed grass areas and wetlands. Adjacent Land Uses: North: Single Family Residential/Forested East: Single Family Residential/Forested South: Single Family Residential West: Light Industrial/Single Family Residential SEPA Review: Determination of Non -Significance, issued April 15, 2013 Authorizing Ordinances and Policies: Whatcom County Comprehensive Land Use Plan Whatcom County Code Chapter 15, Building Code State Environmental Policy Act (SEPA). Washington Administrative Code Chapter 197-11, Whatcom County Environmental Policy Administration Chapter 16.08 Whatcom County Code Chapter 16.16, Critical Areas Whatcom County Code Title 20, Official Whatcom County Zoning Ordinance Whatcom County Code Title 24, Health Regulations Revised Code of Washington 36.70B.170 through .210 Legal Notices: Posted — Notice of Public Hearing, May 8, 2013 Mailed — Notice of Public Hearing, May 8, 2013 Published — Notice of Public Hearing, May 9, 2013 Hearing Date: May 22, 2013 Parties of Record Mike York Cornwall Church 4518 Northwest Drive Bellingham, WA 98226 Tony Freeland Freeland and Associates 220 West Champion Street, Suite 290 Bellingham, WA 98225 745 Jack Swanson 900 Dupont Street Bellingham, WA 98225 Amy Keenan, Lyn Morgan -Hill, Tyler Schroeder Planning and Development Services Sanja Barisic Division of Engineering Exhibits Land Use Application, with attachments 1-1 Supplemental Conditional Use Application 1-2 Project Summary 1-3 Revised Distribution List, Notice/Comment Form, SEPA Checklist, SEP2012- 0003 / CUP2012-0001 1-4 Mailing Labels 1-5 Determination of Completeness, January 18, 2012 1-6 Fee Responsibility 1-7 Agent Authorization 1-8 Customer Receipt 1-9 Statutory Warranty Deed 1-10 Land Disturbance Application 1-11 Preliminary Traffic and Concurrency Information 1-12 Staff Scheduling Email, April 25, 2013 1-13 Hearing Examiner Checklist 2-1 Proposed Parking Plan, Development Agreement/CUP, dated March 5, 2013 2-2 Site Plan: Cornwall Church Gymnasium Remodel, Feb 5, 2013 3 Proposed Development Agreement with attachments 3-1 Exhibit A: Statutory Warranty Deed 3-2 Exhibit B: Army Corps of Engineers, letter, dated Apr 15, 2013 to Cornwall Church re: request for permit modification: mitigation plan 3-3 Exhibit C: Mitigation Plan, prepared by NWC, LLC, revised Feb 20, 2013 3-4 Exhibit D: Proposed Parking Site Plan 3-5 Exhibit E: Parking Summary Graph 3-6 Exhibit F: Site Plans, prepared by Freeland & Associates, July 10, 2012 4 SEPA DNS, April 15, 2013, with Checklist attached 746 5 Legal Notice of Application and Optional SEPA DNS, January 27, 2012, with Bellingham Herald Tear -Sheet, legal published March 20, 2013 [revised application] 6 Certificate of Mailing Notice of Public Hearing, May 8, 2013 7 Certificate of Posting, Notice of Public Hearing, May 8, 2013 8 Legal Notice of Public Hearing, May 9, 2013 9 Certificate of Mailing, Notice of Revised Application, March 20, 2013 10 Staff Report, dated May 22, 2013 11 Agency Comments: Natural Resources Supervisor, May 9, 2013 Division of Engineering, March 15, 2013 DOE to Lyn Morgan Hill re: Final Mitigation Plan, Apr 29, Feb 13-14, 2013 [email] Army Corps of Engineers, April 15, 2013 re: mitigation plan Plans Examiner, May 6, 2013 Building Services Manager/Deputy Fire Marshal, May 6, 2013 Environmental Health, April 19, 2013 [Revised] 12 Public Works Engineering: Exemption from Concurrency Evaluation, issued 5/07/2013 13 Public Comments: ReSources, February 13, 2013 Nancy Ivarinen, March 3 and 4, 2013 Kathryn Berger, March 4, 2013 Carol Hamilton, March 4, 2013 Paul Stuart, March 4, 2013 Patti Papetti, March 4, 2013 Sanja Barisic, Engineering, dated Mar 11, 2013 to Paul Stuart re: addressing his concerns written on Mar 4, 2013 Frank and Gail Wiltse, stamped received Feb 25, 2013 Brad and Jaynie Gablehouse, Feb 24 and 27, 2013 Gary and Marguerite Garon, Feb 28, 2013 14 Spiral Notebook: Additional Info Request, prepared by Freeland and Associates 14-1 Parking Lot Plan, dated Jan 24, 2013 15 Mitigation Plan, prepared by NWC, LLC, dated January 28, 2013 16 Letter dated February 3, 2013, from Jensen Engineering, Inc. re: on -site sewage disposal system and feasibility for expansion/remodel of facility 747 The Applicant is requesting a Zoning Conditional Use Permit and Whatcom County Council Approval of a Development Agreement, subject to the mitigation plan, in order to allow approximately 9,200-square feet of wetlands onsite to be filled. The proposed construction is to add a new parking lot with 126 spaces in the southwest corner of the site. The Applicant also proposes to re -stripe the existing parking lot in order to reduce the size of the spaces to allow more compact spaces. The proposed project will bring the count to 673 total parking spaces. In addition, the Applicant also proposes to remodel a portion of the existing gymnasium to create a multi -purpose room and classrooms, and add a second floor space within the existing building envelope. A Development Agreement has been entered into, by, and between Whatcom County and Cornwall Church, pursuant to the authority granted by RCW 36.70B.170 through .210, and WCC 16.16.260E. The open record public hearing for the Development Agreement was conducted concurrently with the CUP Application hearing. The Development Agreement sets forth the wetland mitigation for impacts associated with the development of the new parking lot. Whatcom County Planning and Development Services has recommended Zoning Conditional Use Permit Approval, as well as, Approval of the Development Agreement. The Findings of Fact, Conclusions of Law, and Recommendation of Whatcom County Planning and Development Services are set forth in the Staff Report, Exhibit No. 10, a copy of which is attached hereto and incorporated herein by this reference. The Findings of Fact reached by Whatcom County Planning and Development Services are supported by the record as a whole and are hereby adopted by the Hearing Examiner, through this 6 reference, as Findings of Fact herein. IV. The Hearing Examiner has concluded that Approval of the Development Agreement will result in mitigation and wetland restoration which will fully mitigate the impacts to the critical areas on the development site. The Hearing Examiner concludes that the Development Agreement will result in positive mutual benefits to both the church and the public. V. There were written concerns about the project and what appropriate mitigation would be. These concerns were submitted in response to the Notice of Application and/or as comments on the SEPA Threshold Determination of Non -Significance. These concerns have been addressed in the Development Agreement and in the Conditions of Approval recommended by Staff, and attached to this Approval of the Zoning Conditional Use Permit by the Hearing Examiner. There were no public concerns or opposition expressed at the Public Hearing, which indicates public acceptance of the project, subject to the Conditions requested by Staff, and acceptance of the Development Agreement and proposed Mitigation Plan. am Any Conclusion of Law which is deemed a Finding of Fact is hereby adopted as such. Based on the foregoing Findings of Fact, now are entered the following CONCLUSIONS OF LAW Religious facilities are a Conditional Use in the Rural zone. Subject to Conditions of 749 Approval attached to this Decision, and full implementation of the proposed Development Agreement, the proposed development will be consistent with the Conditional Use Permit Criteria, and the Permit should be approved by the Hearing Examiner. RCW 36.70B.170 through .210, allows a local government to enter into a Development Agreement, subject to the requirements of RCW 36.70B.170 through .210. Whatcom County Planning and Development Services, after consultation with the Washington State Department of Ecology and the U.S. Army Corps of Engineers, has recommended approval of the proposed Development Agreement with Cornwall Church. The Hearing Examiner concludes that the Development Agreement is consistent with the requirements of RCW 36.70B.170 through .210, and with the applicable development regulations of Whatcom County, adopted pursuant to RCW 36.70A. The Hearing Examiner also concludes that the development is consistent WCC 16.16.260E, and with other applicable zoning regulations, including the Critical Areas Ordinance. The Hearing Examiner concludes that the proposed wetland mitigation is likely to result in a public benefit, which will more than offset the wetland impacts of the development. The Hearing Examiner should recommend to the Whatcom County Council Approval of the Development Agreement, Exhibit No. 3 in the Hearing Examiner's file, a copy of which is attached hereto. Any Finding of Fact deemed to be a Conclusion of Law is hereby adopted as such. Based on the foregoing Findings of Fact and Conclusions of Law, now is entered the following B 750 DECISION The Whatcom County Hearing Examiner hereby approves the Cornwall Church Zoning Conditional Use Permit Application, allowing construction of a new parking lot with 126 spaces, modification of the existing parking lot through re -striping, and interior improvements to the existing church building to create additional space for Sunday School programs, located at 4518 Northwest Drive, Bellingham, Washington, subject to the conditions set forth below. RECOMMENDATION The Whatcom County Hearing Examiner recommends that the Whatcom County Council Approve the proposed Development Agreement, prepared by Cornwall Church and Whatcom County Planning and Development Services, in consultation with the Washington State Department of Ecology and the U. S. Army Corps of Engineers. CONDITIONS OF APPROVAL A. Critical Areas 1. All compensatory mitigation shall be installed prior to final approval of the parking area. An As -built Report prepared by the qualified consultant shall be submitted and approved prior to final approval of the parking area. 2. An Assignment of Savings (AOS) shall be submitted to Whatcom County Planning and Development Services prior to installation of the parking area and compensatory mitigation. This form is required to be completed, with bank approval. The•amount of the Assignment will be 125% of the cost of the mitigation (planting, installation, monitoring, etc). Per the approved mitigation plan, the AOS shall be in the amount of $11,401.14. The original notarized form shall be returned to Whatcom County. As soon as the mitigation has been installed and inspected, please provide invoices for the cost of plants, installation, report, etc. These funds can be released from the bank account and the remaining funds must remain in the account for an additional five years to ensure maintenance of the mitigation. At the end of the 5-year period, if the mitigation has been successful, this remaining fund amount will be released. 3. A Land Disturbance Permit shall be obtained from Whatcom County Planning and Development Services prior to grading/fill and installation of compensatory mitigation. 751 4. The mitigation area shall be placed in a conservation easement filed with the County Auditor in accordance with WCC 16.16. The mitigation area shall be protected with signage in accordance with WCC 16.16.265. B. Planning Division 1. Consistent with the plans on file, date stamped March 6, 2013, the use and location on the site shall not be modified or changed in any way without further approval of the Whatcom County Hearing Examiner. 2. The Applicant must comply with all conditions of the Development Agreement. 3. Pursuant to WCC, Title 14, the owners of the property upon which this Conditional Use Permit Approval is granted shall sign a statement of acknowledgment containing a disclosure that pertains to the use of natural resources in Whatcom County. This disclosure shall be made on forms provided by Whatcom County, which shall then be recorded in the Whatcom County Auditor's Office. 4. The Applicant shall submit a final landscape plan consistent with the requirements of WCC 20.36.653 and WCC 20.80.300. The landscape plan shall include landscape modules in the gravel parking area and shall include screening consistent with WCC 20.80.350. 5. All compact stalls must be marked. 6. Wheel blocks shall be installed to designate parking spaces within the gravel parking area. 7. All landscaping and required irrigation shall be installed prior to occupancy. The County may accept, for a period of up to one year, a performance bond or other monetary security, as approved by the Prosecuting Attorney, in lieu of immediate installation, for 125 percent of the labor and materials cost to install the approved landscaping and required irrigation. A landscaping maintenance bond or other approved monetary security, for 10 percent of the labor and materials cost to install the approved landscaping, shall be submitted prior to occupancy or release of any landscaping performance security held by Whatcom County. The maintenance security shall be released in two years, after completion of the landscaping, if the landscaping has been maintained in a healthy, growing condition, and if any dead or dying plants have been replaced. 8. Pursuant to WCC 20,84.210, Conditional Use Permits shall be nontransferable unless said transfer is further approved by the Hearing Examiner. 9. The Applicant shall complete construction, or if no construction is contemplated as a part of this permit, shall demonstrate compliance with all of the conditions of this permit within twenty-four (24) months of the date of the issuance of this Decision. 10 752 Failure to complete construction or demonstrate compliance shall result in the expiration of this permit. Substantial progress toward completion may satisfy the terms of this condition if approved by Whatcom County Planning & Development Services and the Hearing Examiner. The Applicant or permit holder may apply for an extension for a term of up to one year upon a showing that substantial progress has been made toward completion of compliance. An extension shall be granted if the Hearing Examiner finds that the Applicant or permit holder will suffer a substantial hardship if the extension is denied. The Hearing Examiner may grant an extension for any other good cause shown, in his discretion, but extraordinary circumstances must be shown to obtain an extension of more than one year. The Hearing Examiner shall obtain the comments of Whatcom County Planning and Development Services before granting any extension. C. Whatcom County Building 1. A commercial building permit is required for each building structure of this proposal. Such permits will be reviewed under the current adopted edition of the International Building Code (IBC) and must comply with all other applicable Codes and Ordinances adopted by Whatcom County. 2. A pre -application screening is required, prior to building permit application, to determine submittal requirements. The Applicant shall contact the Building Services Division to schedule the screening. D. Whatcom County Eire Marshal 1. Based on the proposed expansion of interior floor area and expansion of exterior vehicle parking area, the minimum fire flow is required to increase to a minimum storage capacity of 130,000 gallons with an increase of minimum delivery capacity to 2000 gpm at 20 psi. 2. All vehicle parking shall be within a minimum distance of 500 feet from a fire hydrant, measured in a line drivable by fire apparatus. 3. A separate permit from the Fire Marshal's Office is required for any changes and revisions in order to separate fire protection/suppression systems. E. Whatcom County Public Works - Engineering 1. All development shall comply with Whatcom County Development Standards, 2. An Engineered Stormwater Design Report shall be submitted for review and approval with any clearing/land disturbance permit application. The Stormwater Report shall address water quality and quantity and shall meet current Whatcom County Standards. 3. As per Chapter 2, Sec. 218, (B), the Applicant shall post a maintenance security with the Division of Engineering for any proposed drainage facilities. The security shall be 11 753 for an amount of 10% of the engineer's construction cost estimate or $5,000 (whichever is greater). The security shall be in effect for two years from the date of provisional acceptance of the new drainage facilities. 4. Prior to any Certificate of Occupancy an As -built drawings (Record Drawings) for the new drainage system/facility must be provided to Engineering Services Division for permanent file record. NOTICE This Approval is subject to all of the above -stated conditions. Failure to comply with them may be cause for its revocation. Complaints regarding a violation of the conditions of this permit should be filed with Whatcom County Planning and Development Services. The Hearing Examiner may not take any action to revoke this approval without further public hearing. Violations of this title shall constitute Class I civil infractions pursuant to RCW 7.80.120. The maximum penalty and the default amount for such violations shall be consistent with Chapter 7.80.RCW. NOTICE OE -APPEAL PROCEDURES FROM FINAL DECISIONS OF THE WHATCOM COUNTY HEARING EXAMINER This action of the Hearing Examiner is final. The following review procedure is available from this decision and may be taken by the applicant, any party of record, or any County department. Appeal to County Council. Within ten business days of the date of the decision a written notice of appeal may be filed with, and all required filing fees paid to, the Whatcom County Council, Courthouse - 1 st Floor, 311 Grand Avenue, Bellingham, WA 98225. The appeal notice must state either: 1) The specific error of law which is alleged, or 2) How the decision is clearly erroneous on the entire record. More detailed information about appeal procedures is contained in the Official Zoning Ordinance at Section 20.92.600-.830. A copy of this document is available for review at the County Council Office. After an appeal has been filed and the Council office has received the hearing record and transcript of the public hearing, the parties will be notified of the time and date to file written arguments. DATED this 28th day of May 2013 Michael Bobbink, Hearing Examiner 12 754 WHATCOM COUNTY J.E. "Sam" Ryan Planning& Development Services p Director 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 t11Nta 360-738-2525 Fax WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES STAFF REPORT Hearing Date: May 22, 2013 The application of Cornwall Church CUP2012-00001 for a Zoning Conditional Use Permit FINDINGS, CONCLUSIONS, AND and Development Agreement RECOMMENDATIONS I. SUMMARY OF APPLICATION AND RECOMMENDATIONS Summary: The applicant is requesting a zoning Conditional Use Permit and a Development Agreement to create additional parking spaces for Cornwall Church. As part of the conditional use permit the applicant is also proposing interior improvements to the church building to create additional space for Sunday school programs. Recommendation: The Technical Review Committee recommends approval of the request. II. PRELIMINARY INFORMATION A. BACKGROUND INFORMATION Owner/Anplicant: Cornwall Church 4518 Northwest Drive Bellingham, WA 98226 Authorized Agent: Tony Freeland Freeland and Associates 220 West Champion Street, Suite 290 Bellingham, WA 98225 Site Location/Address: 4518 Northwest Drive Legal Description_ A portion of Section 02, Township 38 North, Range 02 East W.M. Assessor's Parcel 380202410033, 380202282077 and 380202358085 Numbers zonaig.-_ Rural (R5A) 755 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report Comprehensive Plan: Rural Subarea: Urban Fringe Total Acreae7e: Approximately 49 acres Roads: Private internal access roads Water vpply Group'B' well Sewaqe Disposal: Onsite septic system Fire Protection: Fire District 8 Law Enforcement: Whatcom County Sheriff's Office Public Schools: Bellingham School District Topography: The site slopes from the southeast corner down to toward the lowest spot in the northwest corner. There are significant slopes running through north/south through the central portion of the property. Vegetation: The eastern portion of the site is forested and mostly undeveloped. The northwestern portion of the site contains mowed grass areas and wetlands. Adiacent Land Uses: North: Single Family Residential/Forested East: Single Family Residential/Forested South_ Single Family Residential West: Light Industrial/Single Family Residential SEPA Review. Determination of Non -significance issued April 15, 2013 B. AUTHORIZING CODES, POLICIES. PLANS. AND PROGRAMS_ 1. Whatcom County Comprehensive Plan 2. Whatcom County Code Chapter 15, Building Code 3. State Environmental Policy Act (SEPA). Washington Administrative Code Chapter 197-11, Whatcom County Environmental Policy Administration Chapter 16.08 4. Whatcom County Code Chapter 16.16, Critical Areas 5. Whatcom County Code Title 20, Official Whatcom County Zoning Ordinance Page 2 of 22 756 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report 6. Whatcom County Code Title 24, Health Regulations The proposal includes construction of approximately 43,458 square feet of additional parking area with associated stormwater treatment and detention facilities for a total of approximately 673 parking spots for the Cornwall Church campus on Northwest Drive. The church has 529 existing parking stalls located at 4518 Northwest Drive. The proposal involves retaining 327 of the existing standard parking stalls, restriping 205 existing standard parking stalls to create compact parking stalls, 15 ADA accessible parking stalls and 126 new compact stalls. To accommodate the creation of the 126 new parking stalls the applicant has proposed placing the parking in the lower southwestern portion of the property which is approximately 43,458 square feet. Three Category IV wetlands area located in this area (two of the wetlands are not regulated by the Whatcom County Critical Areas Ordinance pursuant to WCC 16.16.610.E) and the applicant has proposed to impact approximately 9200 square feet of wetland and 30,000 square feet of buffer. A development agreement, pursuant to RCW 36.70B.170-.210 and WCC 16.16.260(E), has been proposed to mitigate for the parking lot development within the critical areas wetland and buffers. The mitigation is proposed to occur in the north/northwestern corner of the property. Stormwater runoff from the proposed parking lot will receive treatment through rain gardens located in the landscape area and will receive flow control mitigation through a washed rock detention basin. In addition to the parking lot expansion the applicant is also proposing to remodel approximately 11,900 square feet of the existing gymnasium space into a multi- purpose room, classroom, and smaller gymnasium space. An additional second floor space within the building envelope for another multi -purpose space and additional classrooms will also be constructed. The exterior of the building will have a new egress stairway and new structurally -independent canopy at the entry. The development agreement is necessary for the wetland and buffer impacts and for the increase in the compact parking space allowance. The development agreement is not necessary for the internal expansion of the existing building. IV. SITE DESCRIPTION The subject property is located at 4518 Northwest Drive just to the north of the City of Bellingham Urban Growth Area (UGA). The site is fairly flat along the Northwest Road frontage, with a 15% slope toward the east, and currently consists of open pasture on the west and woodland on the east. Page 3 of 22 757 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report The property has approximately 630 feet of frontage on Northwest Drive, and 1,320- feet of frontage on an unconstructed portion of West Horton Road at the rear. The site has several wetlands and associated buffers located throughout the property in the northwest, northeast and the southwest corners. There are three small wetlands located in the southwest corner which is proposed to be the site of the parking lot. Wetland fill has been proposed with mitigation for wetland and buffer impacts occurring in the northwestern portion of the property. Existing development on the site includes the 72,376 square foot church which includes education and youth meeting rooms, worship assembly area, office, gym and recreation areas and storage. There are 465 existing parking spaces located within the parking lot area and an additional 64 parking spaces in the maintenance road area. Two (2) water tanks for potable water and fire flow are located to the east of the gravel maintenance road. There is one (1) stormwater detention pond with two (2) cells which is located immediately north of the northern most parking lot area. The proposed site is surrounded by single family residential and forested areas on the north, east and southern borders. The site is bordered by Northwest Drive on the western border with a light impact industrial use and single family residential uses. Neighboring properties zoning: North: Rural (R5A) East: Rural (R5A) South: Urban Residential - Mixed Use (URMX) West: Light Impact Industrial (LII) V. PUBLIC NOTICE AND COMMENT Requirements for public notice are contained in Chapter 2.33 WCC. Notice of Application: The Notice of Application for this proposal was published on January 27, 2012. The fifteen (15) day comment period ended on February 13, 2012. A Revised Notice of Application to revise the project description was published on February 15, 2013. The fifteen (15) day comment period ended on March 4, 2013. A final Revised Notice of Application to clarify parking details was published on March 20, 2013. Notice of Public Hearing: The Notice of Public Hearing for this application was published in a one-time newspaper publication in the Bellingham Herald. Page 4 of 22 758 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report Public Comments; During the public comment period the County several verbal and written comments regarding this proposal. The comments were mostly regarding potential impacts to wetlands and wildlife and impacts of additional traffic on Northwest Drive. Please see the findings of fact discussions regarding critical areas and roads for further analysis of critical area and traffic impacts. VI. STATE ENVIRONMENTAL POLICY ACT (SEPA) The State Environmental Policy Act (SEPA) requires applicants to disclose potential impacts to the environment as a result of their project. The Environmental Checklist submitted by the applicant adequately discloses anticipated environmental impacts as a result of this project. Whatcom County codes and regulations adequately mitigate for these anticipated environmental impacts. Therefore, a Determination of Non -Significance (DNS) is the appropriate threshold determination for this project. The DNS was issued on April 15, 2013 and no appeals were filed. VII. FINDINGS OF FACT and CONSISTENCY WITH REGULATIONS A. Whatcom County Comprehensive Plan Zoning regulations are meant to implement the goals and policies of the County's Comprehensive Plan. Conditional uses are those uses that may be approved if it is determined that the specific use requested is consistent with the general and specific objectives of the Whatcom County Comprehensive Plan. This proposal for an expansion of parking area and an internal remodel are expansions to the existing church facility which was approved as a conditional use under CUP2000-00012 in August 2000 by the Whatcom County Hearing Examiner. At the time of the approval it was determined that the proposed church was consistent with the Whatcom County Comprehensive Plan. This proposal will not alter the basic use of the land for church purposes but will add additional parking area and classroom/assembly space within the church. B. Roads and Bridges (WCC Chapter 12.08) WCC Chapter 12.08 adopts and gives authorization for development standards for development within Whatcom County. Whatcom County shall establish uniform, comprehensive and distinct requirements which shall be applied to all developments. These requirements shall be established as "Whatcom County development standards" and shall exist to provide clear development guidelines for all construction activity within the county. These standards shall establish administrative and technical requirements for the implementation of land use regulations and shall provide the basis by which developments are evaluated to ensure compliance with county regulations. Page S of 22 759 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report The Whatcom County Public Works Engineer Department reviewed the proposal and submitted a memo dated March 1.5, 2013 with the following discussion: The applicant is requesting a Zoning Conditional Use Permit for the addition of 126 parking stalls benefitting Cornwall Church located at the above address. The applicant proposes to mitigate the additional impervious surface using low impact development (LID) techniques. Northwest Drive is a county maintained road classified as an Urban Minor Arterial with 6,755 ADT (average daily trip) and speed limit of 45MPH. Engineering Services have reviewed and approved required traffic analysis which included evaluation of left turn lane capacity on Northwest Drive. It was determined that existing 150ft of left turn lane is still sufficient length to accommodate additional traffic generated by this development. Engineering Services also reviewed and approved applicant's Land Disturbance Permit which included complete engineered stormwater design report and civil plans for the proposed parking lot. "All appropriate permits must be obtained before construction. Obtaining a county permit does not replace or over -ride other state and federal statutes and regulations that may apply to this project. The Technical Review Committee has determined that the project meets the requirements of WCC Chapter 12.08. C. Building and Fire Code (WCC Title 15) WCC Title 15 adopts and amends the applicable building and fire codes. The Building Official is authorized to promulgate such rules, policies and/or procedures as deemed necessary for the efficient operation of the permit process as administered by the department of building safety, designated in IBC Section 103.1, and hereby referred to as the building services division of the Whatcom County Planning and Development Services Department. The proposed project consists of new parking areas and the following changes to the existing 62,764sf church facility: 1st Floor: Remodel the existing 11,375sf Gymnasium into a smaller Gymnasium, a Multi -Purpose Room, two Classrooms and Storage. 2nd Floor: Create new 7,305sf 2nd floor within ceiling area above the existing Gymnasium consisting of two new Classrooms with Storage and a new Multi - Purpose Room with a raised platform. Page 6 of 22 760 Cornwall Church Conditional Use Permit CLP2012-00001 Staff Report These conditions are based on review of the following documents that were submitted by the applicant: - Whatcom County Conditional Use Application; - Architectural drawings (dated 2.15.13). The application was submitted on January 12, 2012 and is subject to review under Title 15 (ORD 2010-041). During this review, Building Services noted the following initial Building Permit conditions for approval in their May 6, 2013 memo. They are subject to change and additional conditions will be included when more detailed plans are submitted. 1. Due to the scope of the project, a WA State registered architect or professional engineer (PE) will be required to prepare the construction documents (IBC Section 107.3.4). 2. A structural analysis by a Washington State Professional Engineer (PE) will be required. 3. The following requirements/findings are from the 2009 IBC. a. Exiting shall meet the requirements of IBC Chapter 10 - Means of Egress. b. Minimum plumbing facilities (restrooms) are required in accordance with WA State Amendments (WAC) to IBC Chapter 29 - Minimum Plumbing Fixtures and Sanitation Facilities. Subject to Whatcom County Health Department approval, portable restrooms may be an acceptable alternate to permanent facilities. 4. The site and building(s) shall meet the barrier -free, handicap accessible requirements of IBC Chapters 10, 11 and Appendix E; ICC/ANSI A117.1-03; and WAC 51-50. S. Heating, cooling and lighting shall comply with the current adopted edition of the WA State Nonresidential Energy Code (NREC). 6. Ventilation shall comply with the current adopted edition of the International Mechanical Code (IMC). 7. Refer to the attached General Conditions for Commercial Buildings for additional building permit requirements. Whatcom County will be adopting the 2012 edition of most applicable Codes on July 1 of this year. All building permit applications submitted after June 30, 2013 will be reviewed under the new Codes. Page 7 of 22 761 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report WCC Title 15 adopts and amends the applicable fire codes. The Fire Marshal is authorized to promulgate such rules, policies and/or procedures as deemed necessary for safety, designated in IBC Section 103.1, and hereby referred to as the Office of the Fire Marshal. The Whatcom County Fire Marshal submitted a memo dated May 6, 2013 with conditions of approval. The Technical Review Committee has determined that the project meets the requirements of WCC Title 15. D. Critical Areas (Title 16) WCC Chapter 16.16 of the Whatcom County Code contains standards, guidelines, criteria and requirements intended to identify, analyze, preserve and mitigate potential impacts to the County's critical areas and to enhance and restore degraded resources such as wetlands, riparian stream corridors or habitat, where possible. The following critical areas reports have been prepared and reviewed by staff: • Critical Areas Assessment Report and Conceptual Mitigation Plan, Talasaea Consultants, Inc., December 15, 2011 • Mitigation Plan, NWC LLC, January 28, 2013 and revised February 20, 2013 The submitted wetland delineation indicates regulated wetlands and buffers within the area proposed for development. The wetlands have been rated as Category IV wetlands with low habitat functions. The predominant functions of the wetland and buffer are currently related to hydrologic functions. The delineation has been verified by critical areas staff. The development of the new parking lot in the southwest corner of the property will impact approximately 9,223 square feet of Category IV wetlands. The applicant is proposing mitigation in the form of wetland enhancement at a ratio of 6:1 which will require 1.27 acres of enhancement. Pursuant to the mitigation plan the mitigation will occur within the northwest corner of the property. The development will also impact approximately 30,000 square feet of wetland buffer. Pursuant to WCC 16.16.680 compensation for buffer impact shall occur at a minimum 1:1 ratio. The applicant is proposing 30,000 square feet of wetland buffer enhancement. The first wetland mitigation proposal included wetland and buffer enhancement in the northeast corner of the property. After consultation with staff and the Washington State Department of Ecology (Ecology) it was determined the mitigation should occur in the northwest corner of the property adjacent to Page 8 of 22 762 Cornwall Church Conditional Use Permit CU P2012-00001 Staff Report Northwest Drive. Through review with staff, Ecology and the United States Army Corps of Engineers (Corps) it has been determined that 1.96 acres (85,338 square feet) in the north and northwestern portion of the property will be enhanced. At least 1.27 acres of that total will be wetland enhancement. Development that would adversely impact or alter a critical area or buffer are required to mitigate for those impacts pursuant to WCC 16.16.260, and if they are unable to adequately mitigate those impacts, as determined by the technical administrator, shall be denied. The applicants are proposing to impact and alter a regulated critical area and are proposing a development agreement consistent with WCC 16.16.260(E) and RCW 36.70B.170-.210. The development agreement will allow relief and/or deviation from the standards and requirements of the WCC 16.16. Critical areas staff have reviewed the revised mitigation plan prepared by NWC, LLC, dated February 20, 2013 for consistency with WCC16.16, Critical Areas Ordinance, particularly WCC16.16.260 (A), Mitigation Sequence, and (E) Alternative Mitigation, and find that the mitigation plan conforms to all requirements: 1. The county shall facilitate review and/or approval of an alternative mitigation plan for a major development as defined by this chapter, a planned unit development pursuant to Chapter 20.85 WCC, and/or a development agreement pursuant to RCW 36.7013.170 through 36.70B.210. The mitigation plan shall be used to satisfy the requirements of this chapter and provide relief and/or deviation as appropriate from the specific standards and requirements thereof; provided, that the standards of impact avoidance and minimization shall remain as guiding principles in the application of these provisions and when it is demonstrated that all of the following circumstances exist: a. The proponent s) c[emonstrate the organizational and fiscal capability to carryout the purpose and intent of the plan; The proponent has demonstrated the ability to successfully implement mitigation projects within Whatcom County by coordinating Whatcom County Planning and Development Services, the Corps and Department of Ecology to provide on -site mitigation in the current location which will provide the greatest ecological benefit and have the greatest likelihood of success. The mitigation location will also connect with a riparian habitat corridor to the west which has recently been restored through compensatory mitigation. The applicant has demonstrated the ability to successfully establish native shrubs through careful landscaping of the church grounds. Page 9 of 22 763 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report b. The proponent(s) demonstrate that long-term management, maintenance, and monitoring of the watershed will be adequately funded and effectively implemented; Currently the existing mitigation area is a degraded wetland with connections to an offsite fish bearing stream and the proposed wetland enhancement will increase water quality and increase the diversity and structure of the habitat in the watershed and protect downstream properties. An Assignment of Savings in the amount of 125% of the estimated construction, maintenance and monitoring of the mitigation shall be submitted to Whatcom County Planning and Development Services prior to installation of compensatory mitigation to insure adequate funding. c. There is a clear likelihood for success of the proposed plan based on supporting scientific information and demonstrated experience in implementing similar plans; The mitigation plan was developed in accordance with the Whatcom County Critical Areas Ordinance and is based on best available science. The proponent has consulted with Ecology and the Corps and has submitted applications relating to wetland fill accordingly. d. The proposed project results in equal or greater protection and conservation of critical areas than would be achieved using parcel -by - parcel regulations and/or traditional mitigation approaches; By providing for comprehensive mitigation for all unavoidable impacts, the project results in equal or greater compensation than would be achieved using parcel -by -parcel regulations and/or traditional mitigation approaches. The category IV wetlands/buffer that are being filled are of low habitat quality and surrounded by development (Church/parking, Northwest Drive and residential development) and the wetlands/buffer to be enhanced are of low quality category IV degraded grassy wetlands/buffer and will be improved to a minimum category II PEM/PSS wetland/buffer system. The enhancement area is connected to a higher quality habitat corridor and is located further from developed areas. e. The plan is consistent with the general purpose and intent of this chapter and the comprehensive plan; The mitigation plan is consistent with the general purpose and intent of the critical area ordinance as well as the comprehensive plan. The proponents are utilizing on -site mitigation to further environmental goals identified in the comprehensive plan. This will allow necessary additional parking for the existing church in an organized and efficient manner. Page 10 of 22 764 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report f. The pian shall contain relevant management strategies considered effective and within the scope of this chapter and shall document when, where, and how such strategies substitute for compliance with the specific standards herein; and The mitigation plan was developed in accordance with local, state and federal regulations and implements best available science. g. The plan shall contain clear and measurable standards for achieving compliance with the purposes of this chapter, a description of how such standards will be monitored and measured over the life of the plan, and a fully funded contingency plan if any element of the plan does not meet standards for compliance. The mitigation plan contains relevant management and monitoring strategies considered effective and within the scope of the code. It is also consistent with the general purpose and intent of this requirement. If necessary the technical administrator can extend the monitoring period in the event that the desired mitigation goals are not met during monitoring and a contingency plan is implemented. The Final Mitigation Plan is consistent with the above Critical Areas provisions. Development agreements shall be processed pursuant to WCC 20.92.850: 1. The Whatcom County hearing examiner is designated to conduct the open record public hearing for development agreements as defined in the Growth Management Act, Chapter 36.7013 RCW. 2. The Whatcom County hearing examiner shall conduct an open record public hearing and prepare a record thereof, and make recommendation to the county council for approval or disapproval of development agreements as defined in the Growth Management Act, Chapter 36.70E RCW, The Whatcom County Hearing Examiner shall hold an open record public hearing for the development agreement and shall make a recommendation to the Whatcom County Council. Chapter 36.70B.170 Revised Code of Washington 1. A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. A city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions Page 11 of 22 765 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable development regulations adopted by a local government planning under chapter 36.70A RCW. 2. RCW 36.70B.170 through 36.70B.190 and section 501, chapter 347, Laws of 1995 do not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on July 23, 1995, or adopted under separate authority, that includes some or all of the development standards provided in subsection (3) of this section. 3. For the purposes of this section, "development standards" includes, but is not limited to: a. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes; b. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications; c. Mitigation measures, development conditions, and other requirements under chapter 43.21C RCW d. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; e. Affordable housing; f. Parks and open space preservation; g. Phasing; h. Review procedures and standards for implementing decisions; i. A build -out or vesting period for applicable standards; and j. Any other appropriate development requirement or procedure. 4. The execution of a development agreement is a proper exercise of county and city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. Whatcom County is proposing to enter into a development agreement with Cornwall Church, an entity owning real property within Whatcom County, to allow wetland and buffer fill with mitigation. Critical areas staff submitted a memo dated May 9, 2013 and has determined that the above proposal conforms to the requirements in WCC16.1.6 and has received critical areas approval as conditioned. Page 12 of 22 766 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report The Technical Review Committee has determined that, as conditioned, the project meets the requirements of WCC Chapter 16.16. E. WCC Chapter 20.36 - Rural Zone Site and Use Requirements Pursuant to WCC 20.36.153, churches are allowed by conditional use within the Rural (R5A) zone. In 2000 the applicant requested approval of a 72,376 square foot church building containing classrooms, assembly hall (sanctuary), multipurpose room, nursery, pre-school and offices. An 800 square foot maintenance building, sign, parking lot, water storage facility and stormwater detention system were also permitted on the site. The Whatcom County Hearing Examiner approved the original CUP on August 28, 2000, a revision to clarify square footage on September 20, 2000, and a revision on October 11, 2002 for an expansion of the parent parcel. An additional revision pursuant to WCC 20.84.225 was approved on June 5, 2008. The proposed development of additional parking and the expansion to the interior of the building does not meet the revision criteria in WCC 20,84.225, and a new conditional use permit was determined to be necessary. WCC 20.36.350 Building setbacks. Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements). No building setbacks will be reduced through the proposed conditional use permit. WCC 20.36.400 Weight limitations. Maximum height shall be limited to 35 feet. Height of structures shall also conform, where applicable, to the requirements of WCC 20.80.675, 20.72.400, and the provisions of the Shoreline Management Program, whichever is more restrictive. There will be no increases in height through this conditional use permit. WCC 20.36.450 Lot coverage. No structure or combination of structures, including accessory structures, shall occupy or cover more than 2,500 square feet or 35 percent, whichever is greater of the total area. The existing facility is approximately 72,000 square feet. No expansion or new buildings will be allowed on the site through this conditional use permit. WCC 20.36.652 Use of natural resources. All discretionary project permits for land on or within one-half mile of an area designated as Rural or within 300 feet of an area upon which farm operations Page 13 of 22. 767 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report are being conducted shall be subject to the right to farm, right to practice forestry and mineral land disclosure policies contained in WCC Title 14, Use of Natural Resources. As conditioned, the applicants will be required to record a notice to title including the right -to -farm disclosure. WCC 20.36.653 Landscaping. Refer to WCC 20.80.300 for landscaping requirements. The applicants submitted a landscape plan with the land disturbance permit (LDP2012-00022). The proposed landscaping is generally consistent with WCC20.80.300, but a final landscape plan will be reviewed and approved with the land disturbance permit. As conditioned, the applicants are consistent with WCC 20.36,653. WCC 20.36.654 Parking requirements. Parking shall conform to the requirements of WCC 20.80.500. The applicant is proposing approximately 673 parking spots for the Cornwall Church campus on Northwest Drive. The church has 529 existing parking stalls located at 4518 Northwest Drive. The proposal involves retaining 327 of the existing standard parking stalls, restriping 205 existing standard parking stalls to create compact parking stalls, 15 accessible parking stalls and 126 new compact stalls. WCC 20.80.580(15) details the standards for parking at churches with a minimum requirement of 1 parking space for each four (4) seats. The applicant will exceed the minimum requirements. Approximately 50 percent of the total parking spaces will be compact spaces (dimensions less than 10 feet in width and 20 feet in length). The proposal also includes a total of 15 Americans With Disabilities Act (ADA) consistent parking stalls. See the site plan dated stamped March 6, 2013 for more details. The proposal is consist with WCC 20,36.364 and WCC 20,80.500. WCC 20.36.656 Drainage. All development activity within Whatcom County shall be subject to the stormwater management provisions of the Whatcom County Development Standards unless specifically exempted. No project permit shall be issued prior to meeting the stormwater requirements of this title and Chapter 2 of the Whatcom County Development Standards. The Technical Review Committee has determined that, as conditioned, the project meets the requirements of WCC Chapter 20.36, Page 1.4 of 22 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report F. Transportation Concurrency - WCC Chapter 20.78 WCC Chapter 20.78 gives authority to ensure adequate transportation facilities are available or provided concurrent with development. The preliminary traffic and concurrency proposal shows the CUP is exempt from concurrency requirements pursuant to WCC 20,78.030. An Exemption from Concurrency Evaluation Form was issued on May 7, 2013 (ECE13-0012). The Technical Review Committee has determined the project is exempt from the requirements of WCC Chapter 20.78. G. WCC 20.80.21 - Concurrency WCC Section 20,80.212 states that no conditional use permit shall be approved without a written finding that: 1. All providers of water, sewage disposal, schools, and fire protection serving the development have issued a letter that adequate capacity exists or arrangements have been made to provide adequate services for the development. 2. No county facilities will be reduced below applicable levels of service as a result of the development. Water & Sewer Discussion: The proposed CUP will utilize an on -site Group 'B' well and an individual on -site septic system. The county facilities for water and sewer will not be reduced as a result of this CUP. Schools Discussion: The proposal is located within the service area designated as the Bellingham School District 501. The proposed CUP will not create an increased need for the school district. Fire Protection Discussion: The proposal is located within the service area of Whatcom County Fire District #8. The fire district was notified of the proposed CUP and did not respond or provide comments. The Whatcom County Fire Marshal reviewed application materials on file, and submitted a memo dated May 6, 2013 with proposed conditions of approval. Finding: The Technical Review Committee has determined that, as conditioned, the project meets the requirements of WCC Chapter 20.80,212, H. Compliance with WCC 20.84.200 & WCC 20.84.220 Criteria Before approving an application for a conditional use permit, the hearing examiner shall ensure that any specific standards of the use district defining the Page 15 of 22 769 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report conditional use are fulfilled, and shall find adequate evidence showing that the proposed conditional use at the proposed location. (1) Will be harmonious and in accordance with the general and specific objectives of Whatcom County's Comprehensive Plan and zoning regulations. The church is an existing use in the Rural zone which received conditional use permit approval in 2000 by the Whatcom County Hearing Examiner. The proposal to expand the parking area is needed to serve the existing deficiency in parking with the current membership for Sunday services as well as peak holiday events. The applicant is also proposing to remodel approximately 11,900 square feet of existing gymnasium space into a multi -purpose room, classroom and a smaller gymnasium space. A second floor space, within the existing footprint, will be added for another multi -purpose room and classroom. This expansion of square footage within the footprint of the existing church building is for existing Sunday school purposes. Finding: The Technical Review Committee finds that the proposed use is consistent with the above listed Goals and Policies of the Whatcom County Comprehensive Plan. (2) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area. The church is an existing facility that received approval of a conditional use permit from the Whatcom County Hearing Examiner. The site is zoned Rural (R5A), and has Rural zoned areas to the north and east and is developed with larger lot single family residences. The area to the south is within the Urban Growth area and has the potential for higher density single family and multifamily residential development. To the west of the property the site is zoned Light Impact Industrial with the potential for a wide variety of more intensive uses. The development of the church is on an approximately 40 acre parcel with large portions of the site undeveloped in critical areas and forests. Finding: The Technical Review Committee finds the proposal will be designed, constructed, operated and maintained harmoniously and appropriately and will not change the essential character of the general vicinity. (3) Will not be hazardous or disturbing to existing or future neighboring uses. The applicant has proposed landscaping buffers adjacent to the proposed parking lot expansion area. Page 16 of 2.2 770 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report Finding: The Technical Review Committee finds the proposal will not be hazardous or disturbing to existing or future neighboring uses. (4) Will be serviced adequately by necessary public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. The proposal will have direct access on to Northwest Drive. Water will be provided by a Group `13' well and sewage disposal will be from an on -site septic system. Finding: The Technical Review Committee has determined the proposal is serviced adequately by necessary public facilities. (5) Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community. The proposed use will not require additional requirements at public cost for public facilities and services beyond what is typically provided at a rural level of service. Finding: The Technical Review Committee has determined there will be no excessive or additional requirements for public facilities and services and will not be detrimental to the economic welfare of the community. (6) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reasons of excessive production of traffic, noise, smoke, fumes, glare or odors. The applicant is not proposing to store any materials or harmful chemicals that would create or cause smoke, fumes, glare or odors and as such will not be detrimental to persons, property, or the general welfare. Finding: The Technical Review Committee has determined the proposed CUP will not be detrimental to persons, property or general welfare. (7) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. The Whatcom County Public Works Department, Division of Engineering staff has reviewed the proposed use for traffic impacts and has found that as conditioned no traffic impacts will occur with the proposal. Page 17 of 22. 771 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report Finding: The Technical Review Committee has determined the vehicular approaches to the site will not interfere with traffic on the surrounding public streets. (8) Will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Significant critical areas are located on site and wetland fill is proposed as part of the proposal. However, a development agreement has been developed to allow impacts to the small wetlands located on the southwest corner of the property with significant amounts of wetland restoration and enhancement taking place along the northern border of the property. Finding: The Technical Review Committee has determined that there will be no destruction, loss or damage of features of major importance. The Technical Review Committee finds the proposal as conditioned, will comply with WCC 20.80.200 and WCC 20.84.220. I. Health Code (Title 24) The purpose of Title 24 is to provide minimum standards to safeguard public health and welfare by regulating and controlling the activities considered in this title and any related work. The Whatcom County Health Department (WCHD) has reviewed the project noted above and has the following comments in a memo dated April 19, 2013: Water: The existing building is served by the Cornwall Church of God public water system which has an arsenic treatment system. Prior to building permit approval, the applicant must submit a water sample to demonstrate that the treatment system is operating as designed. In addition, the water system is currently listed as having a blue operating permit (unapproved, but ok for existing connections) with the Washington State Department of Health. This could mean that some documentation is outstanding, and needs to be addressed. There has been some discussion between the applicant and Building Services to connect the potable water system with the fire flow system. Any alterations to the potable water system must be approved in writing by the Washington State Department of Health. Sewage: The Church is served by an existing on -site sewage system (OSS). The proposed remodel will not require an expansion of the OSS, however, prior to building permit approval the OSS must be evaluated by a Licensed Operation and Maintenance Specialist and a Report of System Status submitted to WCHD. Page 18 of 22 772 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report The Technical Review Committee has determined that, as conditioned, the project meets the requirements of WCC Title 24, VIII. RECOMMENDATION The Technical Review Committee has determined that subject to the following proposed conditions, the proposal complies with applicable Whatcom County regulations. As stated above, the Technical Review Committee recommends approval of the CUP subject to the following conditions: IX. CONDITIONS OF APPROVAL A. Critical Areas All compensatory mitigation shall be installed prior to final approval of the parking area. An as -built report prepared by the qualified consultant shall be submitted and approved prior to final approval of parking area. 2. An Assignment of Savings (AOS) shall be submitted to Whatcom County Planning and Development Services prior to installation of the parking area and compensatory mitigation. This form is required to be filled out and taken to a bank for approval. The amount of the Assignment will be 125% of the cost of the mitigation (planting, installation, monitoring, etc). Per the approved mitigation plan the AOS shall be in the amount of $11,401.14. Please return the original notarized form to the County. As soon as the mitigation has been installed and inspected, please provide invoices for the cost of plants, installation, report, etc. and those funds can be released from the bank. The remaining funds must remain in the account for an additional 5 years to ensure maintenance of the mitigation. This amount will be released at the end of the 5-year period if the mitigation has been successful. A Land Disturbance Permit shall be obtained from Whatcom County Planning and Development Services prior to grading/fill and installation of compensatory mitigation. 4. The mitigation area shall be placed in a conservation easement filed with the County Auditor in accordance with WCC 16.16. The mitigation area shall be protected with signage in accordance with WCC 16,16,265. B. Planning Division Consistent with the plans on file date stamped March 6, 2013 the use and location on the site shall not be modified or changed in any way without further approval of the Whatcom County Hearing Examiner. 2. The applicant must comply with all conditions of the development agreement. Page 19 of 22 773 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report 3. Pursuant to WCC, Title 14, the owners of the property upon which this conditional use permit approval is granted shall sign a statement of acknowledgment containing a disclosure that pertains to the use of natural resources in Whatcom County. This disclosure shall be made on forms provided by Whatcom County, which shall then be recorded in the Whatcom County Auditor's office. 4. The applicant shall submit a final landscape plan consistent with the requirements of WCC 20.36.653 and WCC 20.80.300. The landscape plan shall include landscape modules in the gravel parking area and shall include screening consistent with WCC 20.80.350. 5. All compact stalls must be marked. 6. Wheel blocks shall be installed to designate parking spaces within the gravel parking area. 7. All landscaping and required irrigation shall be installed prior to occupancy. The county may accept for a period of up to one year a performance bond or other monetary security as approved by the prosecuting attorney in lieu of immediate installation for 125 percent of the labor and materials cost to install the approved landscaping and required irrigation. A landscaping maintenance bond or other approved monetary security for 10 percent of the labor and materials cost to install the approved landscaping shall be submitted prior to occupancy or release of any landscaping performance security held by the county. The maintenance security shall be released in two years after completion of the landscaping if the landscaping has been maintained in a healthy, growing condition, and if any dead or dying plants have been replaced. 8. Pursuant to WCC 20.84.210, Conditional Use Permits shall be nontransferable unless said transfer is further approved by the hearing examiner. 9. The applicant shall complete construction, or if no construction is contemplated as a part of this permit, shall demonstrate compliance with all of the conditions of this permit within twenty-four (24) months of the date of the issuance of this decision. Failure to complete construction or demonstrate compliance shall result in the expiration of this permit. Substantial progress toward completion may satisfy the terms of this condition if approved by Whatcom County Planning & Development Services and the Hearing Examiner. The Applicant or permit holder may apply for an extension for a term of up to one year upon a showing that substantial progress has been made toward completion of compliance. An extension shall be granted if the Hearing Examiner finds that the Applicant or permit holder will suffer a substantial hardship if the extension is denied. The Hearing Examiner may grant an extension for any other good cause shown, in his discretion, but extraordinary circumstances must be shown to obtain an extension of more Page 20 of 22 774 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report than one year. The Hearing Examiner shall obtain the comments of Whatcom County Planning and Development Services before granting any extension. C. Whatcom County Building 3. A commercial building permit is required for each building structure of this proposal. They will be reviewed under the current adopted edition of the International Building Code (IBC) and must comply with all other applicable codes and ordinances adopted by Whatcom County. 4. A pre -application screening is required prior to building permit application to determine submittal requirements. Contact the Building Services division to schedule the screening. D. Whatcom County Fire Marshal 1. Based on the proposed expansion of interior floor area and expansion of exterior vehicle parking area, the minimum fire flow is required to increase to a minimum storage capacity of 130,000 gallons with an increase of minimum delivery capacity to 2000 gpm at 20 psi. 2. All vehicle parking shall be within a minimum distance of 500 feet from a fire hydrant, measured in a line drivable by fire apparatus. 3. A separate permit from the Fire Ilarshai's office is required for any changes and revisions to separate fire protection/suppression systems. E. Whatcom County Public Works - Engineering 1. All development shall comply with Whatcom County Development Standards, 2. An Engineered Stormwater Design Report shall be submitted for review and approval with any clearing/ land disturbance permit application. Stormwater Report shall address water quality and quantity and shall meet current County standards. 3. As per Chapter 2, Sec. 218, (B), the applicant shall post a maintenance security with the Division of Engineering for any proposed drainage facilities. The security shall be for an amount of 10% of the engineer's construction cost estimate or $5,000 (whichever is greater). The security shall be in effect for 2 years from the date of provisional acceptance of new drainage facilities. 4. Prior to any Certificate of Occupancy an As -built drawings (Record Drawings) for the new drainage system/ facility must be provided to the Engineering Services for permanent file record. Page 21 of 22 775 Report prepared for the Technical Review Committee by: Amy Keenan, AICP Senior Planner Page 22 of 22 Cornwall Church Conditional Use Permit CUP2012-00001 Staff Report 776 -3 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into by and between Whatcom County (the "County") and Cornwall Church pursuant to the authority granted by RCW 36. 7013.170 through .210, and WCC Title 16, (16.16,260 E) to promote the development of certain real property located within the County upon the following terms and conditions set forth herein. WHEREAS, Cornwall Church owns certain property identified in Exhibit A ("Property") and legally described in Exhibit A. The Property is an approximate 49.273-acre parcel located at 4518 Northwest Drive, in Whatcom County, Washington, within a portion of Section 02, Township 38 North, Range 02 East, W.M.; Latitude 48.8053821' North, Longitude 122.5195289' West, and WHEREAS, over the past two years Cornwall Church and the County have been engaged in discussions concerning the construction of a parking lot addition, Cornwall Church pursued project development through the Conditional Use Permit process, Cornwall Church met with County staff who provided Cornwall Church the possible option to pursue permitting of the project under this Agreement; and WHEREAS, on the effective date of this Agreement, Cornwall Church and Whatcom County enter into the Agreement wherein both Parties agree that Cornwall Church had demonstrated conformance with the Critical Areas Ordinance in the development plans as described herein; and WHEREAS, Cornwall Church has consulted the US Army Corps of Engineers (Corps) and has received approval, a copy of which is attached as Exhibits B. Permit conditions are included in the development plans as described in the Compensatory Wetland Mitigation Plan, Exhibit C herein; and WHEREAS, the Parties agree that the purpose of this Agreement is to allow Cornwall Church to go forward with their plans to implement the Critical Areas Mitigation Plan and construct the proposed parking lot addition on said property as described herein, Exhibits D; and WHEREAS, the County and Cornwall Church recognize the mutual benefit arising from this Agreement providing that certain uses, development standards and mitigation are vested as set forth and herein shall be allowed without further approval or review, (other than building permit review and reviews associated with the building permit review process for the purposes of compliance with building code requirements and for compliance with any terms and conditions of this Agreement); and WHEREAS, the County and Cornwall Church recognize the mutual benefits (net gains in biological, ecological, and wetland functions and values as prescribed within the Whatcom County Critical Areas Ordinance) arising from Cornwall Church's wetland mitigation plan and the permit requirements from the Corps; and Cornwall Church; Development Agreement, May 9, 2013 Page 1 of 8 777 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into by and between Whatcom County (the "County") and Cornwall Church pursuant to the authority granted by RCW 36. 70B.170 through .210, and WCC Title 16, (16.16.260 E) to promote the development of certain real property located within the County upon the following terms and conditions set forth herein. WHEREAS, Cornwall Church owns certain property identified in Exhibit A ("Property") and legally described in Exhibit A. The Property is an approximate 49.273-acre parcel located at 4518 Northwest Drive, in Whatcom County, Washington, within a portion of Section 02, Township 38 North, Range 02 East, W.M.; Latitude 48.8053821 ° North, Longitude 122.5195289' West, and WHEREAS, over the past two years Cornwall Church and the County have been engaged in discussions concerning the construction of a parking lot addition, Cornwall Church pursued project development through the Conditional Use Permit process, Cornwall Church met with County staff who provided Cornwall Church the possible option to pursue permitting of the project under this Agreement; and WHEREAS, on the effective date of this Agreement, Cornwall Church and Whatcom County enter into the Agreement wherein both Parties agree that Cornwall Church had demonstrated conformance with the Critical Areas Ordinance in the development plans as described herein; and WHEREAS, Cornwall Church has consulted the US Army Corps of Engineers (Corps) and has received approval, a copy of which is attached as Exhibits B. Permit conditions are included in the development plans as described in the Compensatory Wetland Mitigation Plan, Exhibit C herein; and WHEREAS, the Parties agree that the purpose of this Agreement is to allow Cornwall Church to go forward with their plans to implement the Critical Areas Mitigation Plan and construct the proposed parking lot addition on said property as described herein, Exhibits D; and WHEREAS, the County and Cornwall Church recognize the mutual benefit arising from this Agreement providing that certain uses, development standards and mitigation are vested as set forth and herein shall be allowed without further approval or review, (other than building permit review and reviews associated with the building permit review process for the purposes of compliance with building code requirements and for compliance with any terms and conditions of this Agreement); and WHEREAS, the County and Cornwall Church recognize the mutual benefits (net gains in biological, ecological, and wetland functions and values as prescribed within the Whatcom County Critical Areas Ordinance) arising from Cornwall Church's wetland mitigation plan and the permit requirements from the Corps; and Cornwall Church; Development Agreement, May 9, 2013 Page 1 of 8 778 WHEREAS, Cornwall Church has entered into this Agreement with the County to seek approval to resolve the Critical Areas Ordinance concerns while providing relief for the Property from strict adherence to the mitigation sequencing requirements found within the Critical Areas Ordinance due to the reasons provided below which relate to the requirements for the use of the property as a church as described herein. a. A scarcity of alternative locations on the site meeting the requirements of area, location, cost, and suitability for church parking lot addition. The impacts to other areas on -site would also impact critical areas as well as increase area of disturbance due to existing slopes and grading requirements for parking lots and access routes to the existing church, b. Attendance at Cornwall Church has continued to grow from the time that the facility opened. In an attempt to address the additional parking needs, Cornwall Church has added weekend services. The Church now offers three services during the summer and the winter months. The Church also encourages parishioners to carpool. Even with the added services and emphasis on carpooling, the existing parking count of 465 stalls is insufficient. The proposed increase in parking stalls will address the parking deficiency on the site. There are currently marked 465 parking stalls on the site and the capacity to park another 64 cars in a nearby gravel maintenance area, in addition an overflow parking area and shuttle are available one mile north at the Whatcom County Planning office, as described herein, Exhibits E. Based upon calculated parking requirements, the existing parking does not meet the demands of typical Sunday services, nor peak events such as Easter or Christmas. Overflow parking now occurs along a gravel maintenance road and at the Whatcom County Planning parking lot. The shortage of parking deters persons from attending the Church services and prevents reasonable use of the facility. Proposed site plans, including construction of a new asphalt parking lot and restriping in the existing parking lot, will allow the Church to meets its actual parking needs on -site. A summary of parking needs is presented graphically in the attached chart, Exhibits E. WHEREAS, the County recognizes that Cornwall Church retained Talasaea, Inc. to complete a Critical Areas Assessment Report and Conceptual Mitigation Plan, dated December 15, 2011. A Revised Critical Areas Mitigation Plan was requested and prepared by NWC, LLC dated January 28, 2013 and the revised Mitigation Plan dated February 20, 2013 was reviewed and approved by the Corps (Exhibit B) and shall be included with the Development Agreement submittal to the County for review as described herein, Exhibits C; and WHEREAS, the County recognizes that no suitable alternative sites are available and Cornwall Church has completed a thorough avoidance and minimization process regarding wetland impacts. Cornwall Church has contacted the Corps, Whatcom County, and Washington State Department of Ecology ("Ecology") for guidance related to jurisdiction, avoidance, and mitigation, and that these agency comments will be incorporated into the final Compensatory Wetland Mitigation Plan which is incorporated into this Agreement, Exhibit C and Cornwall Church; Development Agreement, May 9, 2013 Page 2 of 8 779 WHEREAS, the standards of critical area impact avoidance and minimization, provided in WCC 16.16.260.A and referenced in the mitigation plan, were utilized as guiding principles in the formulation of the mitigation plan; and WHEREAS, Cornwall Church has the organizational and fiscal capability to successfully carry out the purpose and intent of the mitigation plan, as demonstrated by previously permitted and implemented wetland mitigation projects; and WHEREAS, there is a clear likelihood for success of the proposed mitigation plan as the plan is based on County and Ecology mitigation ratios and will follow required monitoring standards, which are based on best available science (BAS) with supporting scientific information, including the completion of Corps Wetland Determination Data forms, Ecology wetland rating forms and a functional analysis of all wetlands; and WHEREAS, the long-term management, maintenance, and monitoring of the mitigation area will be adequately funded with a mitigation bond per CAO Section 16.16.260.D.1 that will be posted in the amount of 125 percent of the estimated amount to complete mitigation installation, maintenance, and monitoring and is outlined within the mitigation plan as prescribed by County and Ecology standards. Posting of this bond ensures the mitigation will be adequately funded and that the watershed affected by the mitigation plan will not be negatively affected; and WHEREAS, the mitigation plan is consistent with the general purpose and intent of the CAO as it satisfies the mitigation requirements of the CAO and follows the standards of impact avoidance and minimization; and WHEREAS, the mitigation plan is consistent with the goals and policies of the Whatcom County Comprehensive Plan, particularly Goal 11 C and Policy 11 K-5, in that it preserves private property rights and implements Whatcom County's environmental goals and policies through a comprehensive wetland mitigation strategy, which incorporates onsite wetland enhancement and creation; and WHEREAS, the proposed project results in equal or greater protection and conservation of critical areas than would be achieved using traditional mitigation approaches. The subsequent wetland functions will be higher with regards to habitat quality, water quality function, and hydrologic function (areas of mowed grass versus protected scrub/shrub and forested habitat with an un-mowed herbaceous layer) and WHEREAS, the mitigation plan contains clear and measurable standards (Exhibit C) for achieving compliance with the purposes of the Whatcom County CAO, and a description of how such standards will be monitored and measured over the life of the plan and a fully funded contingency plan should any element of the plan not meet the standards for compliance, and WHEREAS, the Whatcom County Council authorizes the County Executive to execute this Agreement on behalf of the County; and WHEREAS, the County issued a Determination of Non -significance on April 15, 2013; and Cornwall Church; Development Agreement, May 9, 2013 Page 3 of 8 WHEREAS, following public notice provided in a manner consistent with the County requirements and by law, a public hearing was held by the County Hearings Examiner on May 22, 2013; and THEREFORE, in consideration of the mutual promises and covenants contained herein, the County and Cornwall Church agree as follows: 1. Approval of Development. Cornwall Church is hereby authorized to construct the Church parking lot addition and critical areas mitigation plan as set forth in Exhibits C, D & F. This proposed parking lot addition project at full build out, will include a total of approximately 43,457 SF (0.9976 acres) of paved parking area including curbs; approximately 532 SF (0.0122 acres) of sidewalks/stairs and approximately 13,000 square feet (0.2984 acres) of newly landscaped area(s). The proposed wetland enhancement area after construction will be approximately 64,088 square feet (1.47 acres). The proposed upland enhancement area after construction will be approximately 21,250 square feet (0.49 AC). Stormwater enhanced treatment will be provided in bioretention areas/Rain Gardens as described the approved Civil Engineering Plans and Landscape Plans, or as amended with Whatcom County Planning and Development Services approval, as described in, Exhibits F. 2. Property. The location of the Property subject to this Agreement is depicted on Exhibit A and legally described in Exhibit A. 3. Conditions. The development is subject to the Findings of Fact, Conclusions of Law and decision of the Hearing Examiner for CUP2012-00001 and decision of the County Council in regard to the Development Agreement. Development Standards. 3.1 Parking Requirements. Cornwall Church was able to demonstrate through a parking study an average parking ratio of 1 space per every 2 seats. The parking study also indicates that at maximum capacity the estimated parking requirements will be 662 spaces. Cornwall Church proposes 673 total parking spaces, as described herein, Exhibits D & E. Fifty (50) percent of the 673 spaces are allowed to be considered compact parking spaces. 3.2 Outdoor Lighting. All outdoor lighting shall be shielded and directed away from neighboring streets and properties. 3.3 Incorporation by Reference. The conditions of approval for the JARPA Section 404 permit, the conditional use permit issued by the Whatcom County Hearing Examiner and any conditions of approval attached by Whatcom County Council to the approval of the Development Agreement are incorporated by reference herein. 3.4 Mitigation Plan. As provided in Exhibit C. Cornwall Church; Development Agreement, May 9, 2013 Page 4 of 8 781 4. Final Approval. This Agreement shall be deemed the final land use approval. Land disturbance permits and construction permitting shall be obtained prior to commencement of construction and development. 5. Notification to County. Prior to commencement of any activity permitted by this Agreement, Cornwall Church shall notify the Technical Administrator and County Planning Director in writing of the date of the commencement of any such activity and provide a description and scope of the activity planned. 6. Vested Rights. The permitted land and conditional land uses identified in this Agreement are entitled to and vested within the property described in Exhibit A and shall be subject only to those rules, requirements approved site plan and Compensatory Wetland Mitigation Plan as set forth in this Agreement and conditions attached by the County Council or Hearing Examiner upon the approval of the Development Agreement and Conditional Use Permit; provided, however that any building structure shall be subject to the applicable building code requirements, Zoning Code, fire code, health code and engineering requirements. 7. Variances. Nothing herein shall limit or prohibit Cornwall Church from seeking a variance from any of these standards pursuant to the variance criteria set forth in the WCC 20.84. 8. Anticipated Development Phasing. Exhibits C & D depicts the development area(s) parking addition and critical areas mitigation area within the subject property. Cornwall Church anticipates that it will conduct development in accordance with approval from the Whatcom County Planning Department and applicable agencies, i.e., Ecology and Corps, as required. 9. Conservation Easement. A Conservation Easement shall be established by Cornwall Church for the north/northwest portion of the Property/parcel as indicated in the Wetland Mitigation Plan given to the County (Exhibit Q and shall include those areas containing the compensatory wetland mitigation, protected wetlands and associated protected buffers. 10. Monitoring Period. Per WCC16.16.690(B)(3), if the mitigation project involves the establishment of forested plant communities, the technical administrator shall have the authority to require a monitoring period of up to 10 years. The monitoring period shall be 10 years which will maintain consistency with the 10 year monitoring period required by the Corps. Native Growth Protection Areas signs shall be installed in the locations indicated in the mitigation plan (Exhibit Q. 11. SEPA Review. The State Environmental Policy Act (SEPA) review has been conducted and completed by the County and the County has issued a determination of non - significance (DNS). 12. Recording. This Agreement shall, when approved by the County Council and executed by the Parties hereto, be filed as a matter of public record in the office of the Whatcom Cornwall Church; Development Agreement, May 9, 2013 Page 5 of 8 782 County Auditor and shall be in the nature of a covenant running with Cornwall Church Property, 13. Dispute Resolution. In the event of any dispute as to the interpretation or application of the terms or conditions of Agreement, Cornwall Church and the County, through their designated representatives, shall meet within ten (10) days after the receipt of a written request from any party for the purpose of attempting in good faith to resolve the dispute. Such a meeting may be continued by mutual agreement to a date certain to include other persons or parties, or to obtain additional information. 14. Mediation. In the event that such a meeting does not resolve the dispute and prior to commencing any litigation except for a request for a temporary restraining order and preliminary injunction, the Parties shall first attempt to mediate the dispute. The Parties shall mutually agree upon a mediator to assist them in resolving their differences. If the Parties are unable to agree upon a mediator, a list of seven mediators with experience in land use matters and applicable Washington State land use law shall be requested from the Whatcom County Superior Court Presiding Judge. Each party shall take its turn in striking one name from the list until one name remains. A flip of a coin shall determine which party strikes the first name. Any expenses of the mediator shall be borne equally by the Parties. However, each side shall bear their own costs and attorney fees arising from participation in the mediation. 15. Applicable Law. This Agreement shall be governed by and be interpreted in accordance with the laws of the State of Washington. 16. Binding Effect. This Agreement shall be binding upon Cornwall Church and the County. 17. Severability. If any provision of this Agreement is determined to be unenforceable or invalid by a court of law, then this Agreement shall thereafter be modified to implement the intent of the Parties to the maximum extent allowable under law. 18. Modification. This Agreement shall not be modified or amended except in writing signed by Cornwall Church and the County or their respective successors in interest. 19. Further Good Faith Cooperation. Each party hereto shall cooperate with the other in good faith to achieve the objectives of this Agreement. The Parties shall not unreasonably withhold requests for information, approvals or consents provided for, or implicit, in this Agreement. 20. No Presumption Against Drafter. This Agreement has been reviewed and revised by legal counsel for all Parties and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this Agreement. 21. Notices. All communications, notices, and demands of any kind which a party under this Agreement is required, or desires to give to any other party, shall be in writing and be either (1) delivered personally, (2) sent by facsimile transmission with an additional copy Cornwall Church; Development Agreement, May 9, 2013 Page 6 of 8 783 mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: County: Whatcom County: Cornwall Church: Nlike York, Church Business Manager 4518 Northwest Drive Bellingham, WA 98226 Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed received 48 hours after deposit. Any party at any time by notice to the other party may designate a different address or person to which such notice shall be given. 22. Duration. This Agreement and the rights and obligations set forth in this Agreement shall be for a period of twenty (20) years. 23. Effective Date. The Effective Date of this Agreement for the purposes of vesting is the date that Whatcom County determined Cornwall Church conditional use permit application to be complete. Any subsequent adopted zoning ordinance regulation, rule or requirement of Whatcom County or other applicable jurisdiction that is inconsistent with or more stringent than any term or condition of this Agreement shall not apply or bind Cornwall Church. 24. Entire Agreement. This Agreement represents the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement supercedes all previous understandings or agreements between the parties concerning the subject matter of this Agreement. IN WITNESS HEREOF, Cornwall Church and the County have caused this Agreement to be executed in their names and to be attested by their duly authorized officers this _ day of , 2013. Cornwall Church; Development Agreement, May 9, 2013 Page 7 of 8 Cornwall Church 0 Mike York, Church Business Manager Date: Whatcom County in Jack Louws, County Executive Date: Cornwall Church; Development Agreement, May 9, 2013 Page 8 of 8 785 EXHIBIT A WHEN RECORDED RETURN TO: Name: Cornwall Church-attn: Tim Cornwell Address: 4518 Northwest Drive Bellingham, WA 98226 VTO — 1u LAbo Escrow Number: 46480md Filed for Record at Request of: Stewart Title of Bellingham 2070703085 11 I I 11111I 1111 milli III DEED �2007r 112 $08 AM 3 00 Whstcom County, WA Request of: STEWART TITLE COMPANY STATUTORY WARRANTY DEED THE GRANTOR(S),Goldine Lathrop, a widow for and in consideration of Ten Dollars and other good and valuable consideration in hand paid, conveys, and warrants to Cornwall Church, a Washington Non -Profit Corporation the following described real estate, situated in the County of Whatcom, State of Washington: SEE ATTACHED EXHIBIT A Abbreviated Legal (Required iffull legal not inserted ahove.) Ptn Blk 84 Plat of Bakerview Add to the City of Bham V7/Pgs40-45 Tax Parcel Number(s): 380202 410033 0000 SUBJECT TO: This conveyance is subject to covenants, conditions, restrictions and easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. Dated: July 9, 2007 do 'ne Lathrop STATE OF Washington ss. COUNTY OF Whatcom I certify that I know or have satisfactory evidence that Goldin Lathrop is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument. Dated: July U, 2007 MARLIN DU BOIS STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 03-17-11 ' 0y5lS lii/Ii ,. ii:'I.liilll li l.i4l p Notary name printed or typed: Marlin DuBois Notary Public in and for the State of Washington Residing at Bellingham My appointment expires: March 17, 2011 EXHIBIT A A tract of land in Block 84, Bakerview Addition to the City of Bellingham, according to the Plat thereof, Recorded in Volume 7 of Plats, Page(s) 40 through 45, Records of Whatcom County, Washington, described as follows: Beginning at the Southeast corner of the said Block 84, thence North 89°59' 14" West along the South line of Block 84, 963.91 feet to the true point of beginning; thence North 0°34' 56" 626.60 feet to the South line of the tract recorded in Volume 352 of Deeds, Page 259, and File #658648, thence South 89153'2T' West, 331.48 feet to the West line of Block 84; thence Southerly along the West line of Block 84, 625.89 feet to the Southwest corner of Block 84; thence Easterly along the South line of Block 84, 331.30 feet to the true point of beginning. Situate in Whatcorn County, Washington. 787 ft a rn x A 9 rD N n E00000'tyz 9 ED e Wh•tcom Countg, WA Request of: CHARTER TITLE CORP When Recorded Return to: CORNWALL PARK CHURCH OF GOD 3210 MERIDIAN STREET BELLINGHAM, WA. 98225 ATTN: MICHAEL S. GISH 00 (barter Tine forporation CTC-15133 -DD STATUTORY WARRANTY DEED THE GRANTOR DONALD J. KOSA AND CATHERINE C. KOSA, HUSBAND AND WIFE for and in consideration of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION ($10.00 & OVC)------------------------------------------ in hand paid, conveys and warrants to CORNWALL PARK CHURCH OF GOD the following described real estate, situated in the County of WHATCOM , State of Washington: Legal description attached hereto as Exhibit A.- p5a Legal Description (Abbreviated): PTN SE SW 2-38.2 Assessor's Tax Parcel In# 380202 295077 0000,380202 358085 0000 Dated: 02/01/00 �� '�� - - DONALD J. 4SA CATHERINE C. KOSA STATE OF WASHINGTON, County of WHATCOM ss. rt u5 '- !` i o - I certify that 1 know or have satisfactory evidence that lt,t �''"<•, DONALD J. KOSA AND CATHERINE C. KOSA signed this instrument, and acknowledged it to be, THEIR free and voluntary act for the uses and purposes mentioned in this instrument. Dated: f Cj 0 orah Notary Public in and for �Staref Washington, residing at AM My apporntmenrexpires 09/15/02 wd-i 6/8/98 EXHIBIT A CTC-15133 PARCEL A: A TRIANGULAR PIECE OF LAND IN THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M., MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2, WITH THE EASTERLY LINE OF THE NORTHWEST DIAGONAL ROAD; THENCE NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID ROAD, 256 FEET TO A POINT; THENCE NORTHEASTERLY AT RIGHT ANGELS TO SAID ROAD TO A POINT IN THE EAST LINE OF SAID QUARTER SECTION, BEING 272 FEET NORTH OF THE PLACE OF BEGINNING; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER SECTION TO THE PLACE OF BEGINNING; ALSO THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M., EXCEPT ROAD AND EXCEPT A TRACT DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER CORNER POST BETWEEN SECTION 2 AND 11, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M., RUNNING THENCE EAST ON THE LINE BETWEEN SAID SECTION 2 AND 11 TO THE POINT WHERE THE COUNTY ROAD KNOWN AS THE NORTHWEST DIAGONAL ROAD, CROSSES SAID SECTION LINE; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY SIDE OF SAID ROAD TO THE POINT ON THE LINE BETWEEN THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SAID SECTION 2 AT WHICH SAID ROAD CROSSES SAID LINE ;THENCE SOUTH TO THE PLACE OF BEGINNING. SITUATE IN COUNTY OF WHATCOM, STATE OF WASHINGTON. PARCEL B: BLOCK 85, BAKERVIEW ADDITION TO THE CITY OF BELLINGHAM, WHATCOM COUNTY, WASHINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGES 40 TO 45, INCLUSIVE, RECORDS OF WHATCOM COUNTY, WASHINGTON. 2000201439 Pe®e: 2 of 2 244,'200011:27 AM DEED $9.00 What— County, WA RegWeet of: CHARTER TITLE CORP • • Oc20903480 eizaizeazss:a7 A An Hhetcom County. WA Requent of: STENART TITLE COMPANY WHEN RECORDED RETURN TO' Name: Michael Gish in care of Cornwall Church Address: 4518 Northwest Road Bellingham, WA 98226 -STr-- 7j.710V Escrow Number: 30108DLW Filed for Record at Request of: Stewart Title of Western Washington, Inc. STATUTORY WARRANTY DEED The Grantors, David Leo Anderson and Hannah Anderson, husband and wife for and in consideration of Ten Dollars and other good and valuable consideration in hand paid, conveys, and warrants to Cornwall Church, a Non -Profit Corporation, the following described real estate, situated in the County of Whatcom, State of Washington: That part of the Southeast Quarter of the Southwest Quarter of Section 2, Township 38 North, Range 2 East of the Willamette Meridian, lying East of the Northwest diagonal Road, more particularly described as follows, to -wit: Commencing at the Northeast corner of the Southeast Quarter of the Southwest Quarter of said Section 2, Township 38 North, Range 2 East; thence West a distance of 520 feet to the Northeasterly line of the Northwest diagonal Road; thence Southeasterly along the Northeasterly line of said Northwest diagonal Road, a distance of 820 feet to a point; thence Northeasterly a distance of 130 feet to the East line of said Southeast Quarter of the Southwest Quarter; thence North on said east line of said Southeast Quarter of the Southwest Quarter a distance of 730 feet to the place of beginning. Situate in Whatcom County, Washington. Assessor's Property Tax Parcel No.. 380202 244110 Subject to: See Exhibit "A" attached hereto and made a part hereof. d: September O 2002 Date% (lY+� t✓ zIEIA, � David Leo Anderson Hannah Andetson STATE OF Washington ) ) ss. COUNTY OF Whatcom ) I certify that I know or have satisfactory evidence that David Leo Anderson and Hannah Anderson are the a persons who appeared before me, and said persons acknowledged that they signed this instrument and A acknowledged it to be their free and voluntary act for the uses and p8rposes mentioned in this instrument Dated. September _p O 2002 3. LIN,4 �P ,......., q0 tt L �Pr.�gtON FI o., tt p; v 9y'; ri flame: Diana Chay i p1t;fAHY Notary Public in and Xr the S ate of Washington lo Residing in: Bellingham i PU[o- : j oMy commission expires 8/6/2004 �1s1 S+T ti y q orvvi 41 A L•; 0 C] Y 790 EXHIBIT' ' Easement and the terms and conditions thereof: Purpose: Telephone Line Affects: Said Premises and Other Property Dated: August 18, 1927 Recorded: October 24, 1927 Recording No.: 333822 Oil and Gas Lease affecting the premises hereinafter stated upon and subject to all the provisions therein contained. Lessor: David Leo Anderson and Hannah Anderson, husband and wife Lessee: Erco, Inc. Dated: July 17, 1981 Recorded: December 10, 1981 Recording No.: 1407236 For a term of: 10 years, or as long thereafter as gas or oil or either of them is produced from the land. Affects: Said Premises Said Lessee's interest is now held of record by Search Natural Resources, Inc. Easement and the terms and conditions thereof: Purpose: Ingress and Egress Affects: Said Premises and Other Property Dated: May 16, 1983 Recorded: May 17, 1983 Recording No.: 1448004 2020903484 Papa: 2 of 2 9/2V"0211'47 AM DEED 620.00 Whoteom County, WA R.qusat of: STEWART TITLE COMPANY 791 2010301502 Page: 1 of 3 3/12/200110-48 AM DEED E.00 Whatcom County WA Request of: Whatcom County Engineer After recording return document to: Pacific Surveying & Engineering 1812 Cornwall Ave. Bellingham, Washington 98225 DOCUMENT TITLE: QUIT CLAIM DEED FOR COUNTY ROAD RIGHT OF WAY REFERENCE NO. OF RELATED DOCUMENT: 2000201439 GRANTOR(S): CORNWALL PARK CHURCH OF GOD GRANTEE(S): WHATCOM COUNTY ABBREVIATED LEGAL DESCRIPTION: PORTION SECTION 2, T38N, R2E, W.M. AND BLOCK 85, BAKERVIEW ADDITION TO CITY OF BELLINGHAM, V,7 PGS. 4045 OF PLATS. 9� ADDITIONAL LEGAL DESCRIPTION ON PAGE 3 OF DOCUMENT. ASSESSORS TAX PARCEL NO.: 3802023580850000 �W 3802022950770000 QUIT CLAIM DEED Q � The grantor, Cornwall Park Church of God, a Washington Corporation as its sole and separate property, of Whatcom County, WA, for and in consideration of mutual benefits, conveys and quit claims to WHATCOM COUNTY, a parcel of land for all public right-of-way purposes, described by legal description attached hereto as Exhibit "A" 0 792 DATED this 2c. day of FLhrun r6i , 2001. GRANTOR. STATE OF WASHINGTON ) S.S. COUNTY OF WHATCOM ) I Certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. al- D.c.-O t DATED SI ATURE OF 16TARY PUBLIC Name Printed Title C-0 I ( e(: I O -S My Appointment Expires 2010301502 Page: 2 of 3 3/12/200110:48 AM DEED $.00 Whatcom County, WA Request of: Whstcom Countij Engineer 793 PACIFIC SURVEYING 6 ENGINEERING SERVICES, INC. ENGINEERING SURVEYING PLANNING CONSULTING EXHIBIT "A" LAND DESCRIPTION FOR RIGHT OF WAY FEE CONVEYANCE 1812 CORNWALL AVENUE BELLINGHAM, WA 98225 360/671-7387 FAX: 360/671.4685 E-MAIL; pse®psesurvey.com THE SOUTHWESTERLY FIFTEEN (15) FEET OF THE SOUTHWESTERLY LINE ADJOINING THE NORTHEASTERLY MARGIN OF NORTHWEST DIAGONAL ROAD WITHIN THE FOLLOWING DESCRIBED PARCEL: (STATUTORY WARRANTY DEED PER AUDITORS FILE # 2000201439) A TRIANGULAR PIECE OF LAND IN THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M., MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2, WITH THE EASTERLY LINE OF THE NORTHWEST DIAGONAL ROAD; THENCE NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID ROAD, 258 FEET TO A POINT; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID ROAD TO A POINT IN THE EAST LINE OF SAID QUARTER SECTION, BEING 272 FEET NORTH OF THE PLACE OF BEGINNING; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER SECTION TO THE PLACE OF BEGINNING; ALSO THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M., EXCEPT ROAD AND EXCEPT A TRACT DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER CORNER POST BETWEEN SECTION 2 AND 11, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M., RUNNING THENCE EAST ON THE LINE BETWEEN SAID SECTION 2 AND 11 TO THE POINT WHERE THE COUNTY ROAD KNOWN AS THE NORTHWEST DIAGONAL ROAD, CROSSES SAID SECTION LINE; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY SIDE OF SAID ROAD TO THE POINT ON THE LINE BETWEEN THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SAID SECTION 2 AT WHICH SAID ROAD CROSSES SAID LINE; THENCE SOUTH TO THE PLACE OF BEGINNING. SITUATE IN COUNTY OF WHATCOM, STATE OF WASHINGTON. xr� %L LW 2010301502 Page: 3 of 3 3/12/200110:48 AM DEED 6.00 Whetcom County, WA Request of: Whetcom County Engineer 794 After recording return document to: !�rl,rnWal T C$IIY�71 4518 Northwest Drive Bellingham, WA 98226 DOCUMENT TITLE: PM /eB/2e1e221 s6800 Whsteem County, WA Request of: REICHHARDT a EBE COVENANT TO BIND PROPERTIES ASSESSOR'S TAX PARCBL NUMBER(S): 380202 244110 0000• 580202 295077 0000 I/we ,Cornwall Church of Bellingham. WA am/are owners in fee of the below desaribed real proportion. For and in consideration of being granted building and/or development permits, an required by Whatcom County regulations, I/we do hereby generally convenant that the lots described as follows ADDRESS: 4542 Nor .hwesh Drive. 4591 R J rthwest Drive. LEGAL DESCRIFTION(S): See attacled. pbeh'a L Sk r l9 ST3g 3ZF shall hereinafter be bound together for the purpose of compliance with the Official Whatcom County Zoning Ordinance'. I/we to hereby affirm that no portion of the above described properties shall be sold in violation of any provisions of Whatoom County Zoning or Subdivision Ordinances, unless such action is determined by Whatcom County or another appropriate governmental or judicial authority to be exempt or approved in accordance with subdivision and coning regulations. The Covenant shall run with the land, is for the benefit of the general public, and shall be binding upon my/our heirs, devisees, executors, administrators, success— and assigns, EXECUTED this day of tN L` LiY\iJE% 201,..1 Signature of property owner Signature of property owner STATE OF WASHINGTON COUNTY OF WHATCOM i certify that I know or have satisfactory evidence that ('\1, CCU (�„`- 1 J , C ,11aV -% is/are the person(s) who appeared before as, and said pereon(s) acknowledged that &I she signed this instrument and acknowledged it to be hie her free and volunt4r&act ; or the uses and purposes mentioned in the instrument. CGph DATED: 1 l ( O �,L.� e.�G � 4. urg �( fig\ \ X. I/ i W : NpS�i�V 9N'. r :U f. PU41G i / )(1� ......� OFWP NOTARY IIBLIC In and for the St to of Washington `\\\------ My appointment expires: Wharcom County i Approved_4,y Whaccom County this 114 day of n For Whsrcom County 41 795 EXHIBIT A TAX PARCEL #: 380202 244110 0000 THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, LYING EAST OF THE NORTHWEST DIAGONAL ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2, TOWNSHIP 38 NORTH, RANGE 2 EAST, THENCE WEST A DISTANCE OF 520 FEET TO THE NORTHEASTERLY LINE OF THE NORTHWEST DIAGONAL ROAD, THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID NORTHWEST DIAGONAL ROAD, A DISTANCE OF 820 FEET TO A POINT, THENCE NORTHEASTERLY A DISTANCE OF 130 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE NORTH ON SAID EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 730 FEET TO THE PLACE OF BEGINNING. SITUATE IN WHATCOM COUNTY, WASHINGTON 2021101468 page: 2 of 3 11/0e/200212:34 pM D/RC S21.00 Requeet of: RUCHHARDT14 6 ESEm Cauntd, WA 796 EXHIBIT B TAX PARCEL#: 380202 295077 0000 A TRIANGULAR PIECE OF LAND IN THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M., MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2, WITH THE EASTERLY LINE OF THE NORTHWEST DIAGONAL ROAD; THENCE NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID ROAD, 258 FEET TO A POINT; THENCE NORTHEASTERLY AT RIGHT ANGELS TO SAID ROAD TO A POINT IN THE EAST LINE OF SAID QUARTER SECTION, BEING 272 FEET NORTH OF THE PLACE OF BEGINNING; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER SECTION TO THE PLACE OF BEGINNING; ALSO THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M., EXCEPT ROAD AND EXCEPT A TRACT DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER CORNER POST BETWEEN SECTION 2 AND 11, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M., RUNNING THENCE EAST ON THE LINE BETWEEN SAID SECTION 2 AND 11 TO THE POINT WHERE THE COUNTY ROAD KNOWN AS THE NORTHWEST DIAGONAL ROAD, CROSSES SAID SECTION LINE; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY SIDE OF SAID ROAD TO THE POINT ON THE LINE BETWEEN THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SAID SECTION 2 AT WHICH SAID ROAD CROSSES SAID LINE; THENCE SOUTH TO THE PLACE OF BEGINNING. SITUATE IN COUNTY OF WHATCOM, STATE OF WASHINGTON. 2021101468 Pegs: 3 of 3 11/08/200212:34 PM D/RC $21.00 Whatcom County, WA Request of: REINHARDT h EBE 797 EXHIBIT B DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 APR 15 2013 Regulatory Branch Cornwall Church Mr. Mike York 4518 Northwest Drive Bellingham, Washington 98226-9056 Reference: NWS-2011-1107 Cornwall Church Dear Mr. York: In an e-mailed correspondence dated January 28, 2013, your agent requested a modification to the approved mitigation for the referenced Nationwide Permit (NWP) 39 verification issued to you on August 15, 2012. The work authorized was to place fill in 0.21 acre of wetlands to construct additional parking facilities for Cornwall Church near Bellingham, Washington. You requested a permit modification to revise special condition "b" requiring the implementation of the mitigation plan titled, "Critical Areas Report, Habitat Functional Assessment, and Detailed Conceptual Mitigation Plan," revision dated February 29, 2012. We have reviewed your request and verified that this NWP still authorizes this project provided you ensure that the work is performed in accordance with enclosed drawings dated February 20, 2013 and in accordance with the modified special condition listed below. b. You shall implement and abide by the mitigation plan "Mitigation Plan, Cornwall Church Parking Lot Expansion," revision dated February 20, 2013. Mitigation shall be constructed before or concurrent with the work authorized by the permit. This NWP verification supersedes the verification authorized by this office on August 15, 2012. All other terms and conditions contained in the original NWP verification remain in full force and effect. Our verification of this NWP authorization is valid until March 18, 2017 unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date, please contact us to discuss the status of your authorization. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. You must also obtain all State and local permits that apply to this project. -2- A copy of this letter with enclosures will be furnished to Katrina Jackson of Northwest Wetlands Consulting, LLC, 1214 Xenia Street, Bellingham, Washington 98229. If you have any questions, please contact me at (360) 734-3156 or via email at randel.j.perry@usace.army.mil. Sincerely, 1 Randel Perry, Project Manager Regulatory Branch Enclosures 799 b a yb Rd 5 }�Jlhk:iti rra E ' �1 Ltd K�, PfRQJECT 13y We y SITE app3$ yyy� 4 aAw Guoe 1�39 Btil�n�han� 16leadlgn In#etri�loral Air I s W N#kery "Rd li�iitL F A!' QMarietta-AkKgw0Dd a Bit't#tvrocitl } A (:6(0" Ck a r .. r �ElConwarir� : Comwa(i p Parts :. € S5 3 FynIH1A aj ; gj.go&5, tro,9; Ix7.5#8�6 DRIVINSz DIREGTIONa: I. TAKE 1-5 NORTH FROM THE 5EATTLF_ AREA TO BE.LL.IN%HAM• 2. TAKE THE NORTHWEST DRIVE EXIT (EXIT 25-I). NORTH 3, GONTINUE NORTH ON NORTHWEST DRIVE FOR APPROXIMATELY 1.0 MILE'5; GORNWALL CHURCH OF 600 WILL BE ON THE RIGHT. C•brp} MAP SOURCE WWW MAP5C70CJC7LE GOM (AGGE55ED 8•-l1-•II) k NWS•J-01f- Ito 1 17 FIGURE TITLE VICINITY mAP Aw DRIVING DIiexo'r10N5 DRAW N ATP TALN 1354 TALASAEA REFERENCE COR AL T9f7 Gt�iNWALt, CHURCH NTS DATUM a NAVT7Sfj CONSULTANTS, INC. Resource i Environmental Planning PROPOSED PROJECT: C.ORNhiALL CHWGii PARKIW EXPAt-61ON puRPOSE: PARKINCy LOT EXPANSION "`"-"� DATE Rj?VjSF.D � c I5U20 Geer Greet (Wed YnrtAueet rnodlnrllln, eeahlntton 08077 Due (4251861-7550 - ra. (42511101-75.I9 ADDRESS: 45t$ NW CJf21VE N'tGUR[? / f I A CITv COUNTY 'sTATE FNEAR (3ELLIN644AM WHATGOM I WA 511,VER 6PEEK -Ct Copyright - Talasaea Consultants. 111C. I-WdN PSI; t-'IYJ.\°u*Id\ti6Ct-IU\68f.1-006t n f✓uttlla �lal�laaf�� TL v� N HETLa CATEGOYr.Y IV WETLANI? D CATEGORY IV 158q 5F I � Pq p—)aEt PARKING PROPOSED PARKIN0 ;.,. a. t 1� PIPED e Ti21 E3iJ I-ARY —� t^IETLAND �3 GATE6ORY IV 5,014 5F EXI5TIN6 ROAD5101! D(TU I ----- L MSENa I' •—• — —----Ff20fTRTY LINE EXI5TIN6 WETLAND' IMPACTED WFiLAND 01,223 5F) �llllf!/l1 BUFFER ENHANCEMENT (4,160 5F) —5TREAMMITCH CENTERLINE EXI5TIN5 1' GONTOM WETLANDS A, B, L G DELINEATED 13Y TALA5AFA 5f'RI146 2011, HETLAND D IDENTIFIED BY WNATGOM GOUNTY AND DELINEATED BY OTHERS IN 200c; FIGURE TITLE DEVELOPMENT 11 'TALASAEA REFERENCE , CONSULTANTS, ]NC. PRoposep PRojEc Resource & gnrlronmentel Planning PURposm PARK5i Ihnzn soar Crock Roxd NarllacxMt ADDRESS: 4516 NW Moodfncfllc, tl.ohlnftlun 9An77 Ouf (42P1f181-7fSRn - Fes (425)881 7549 CITY I cot PARKIN5 r G4KNWALL GHlJM ZH EXISTWO PARKIN& EXIST, LINE { SrOftM LINE (TYP) VA t U -WETLAND A CATEGORY IV IOQ SF ON SITE ORAPHIG SCALE NORTH ( IN FEET) /"C 9 / T � C7 30 60 12G SCALE. I"=FsO` ' i G SITE SMVEY P CMDED BY FREELAND AND A55CJGIATES, BELLIN&HAM, WA a KIW(- lull - 11(0 IA)TF 0 1?154 ', FIGURF. N �E� �'�f • f lc) copy izilt — Cel84Pee Cowultents, INC. wl V O� EXHIBIT C MITIGATION PLAN Cornwall Church Parking Lot Expansion Whatcom County MIT2012-1 C U P2012-1 Corps Ref. # NWS-20111-1107 Prepared for: Cornwall Church 4518 Northwest Drive Bellingham, Washington 98226 380202 282007, 380202 358085, 380202 4- 1033 Prepared by: NWC, LLC 1214 Xenia Street Bellingham, WA 98229 (360) 510-1605 January 28, 2013 Revised 2/20/2013 EMU TABLE OF CONTENTS 1.1 RESPONSIBLE PARTIES 1.2 EXECUTIVE SUMMARY 1.3 PROPOSED DEVELOPMENT PROJECT 1.4 ASSESSMENT IMPACTS / COMPENSATION 1.5 MITIGATION APPROACH 1.6 MITIGATION SITE PLANS 1.7 GOALS, OBJECTIVES, AND PERFORMANCE STANDARDS 1.8 MONITORING PLAN 1.9 SITE PROTECTION 1.10 MAINTENANCE AND CONTINGENCY PLANS 1.11 FINANCIAL ASSURANCES 0 ATTACHMENTS: VICINITY MAP SITE OVERVIEW AERIAL WETLAND IMPACT SITE PHOTOS MITIGATION EXHIBIT pi 1.1 RESPONSIBLE PARTIES Applicant: Cornwall Church, 4518 Northwest Drive, Bellingham, WA 98226 Wetland Delineation for project area: Talasaea Consultants, Inc. Mitigation prepared by: Northwest Wetlands Consulting, Bellingham, WA, 360-510-1605 Party (ies) responsible for monitoring, long-term maintenance, and contingency plans: Cornwall Church 1.2 EXECUTIVE SUMMARY The project is located in SEC 02, T 38N, R 02E of W.M. Whatcom County, WA. WRIA: 1 /Basin: Puget Sound This document provides a proposal for mitigation wetland/buffers impacts associated with fill of a Category IV low quality degraded wetland. Parking expansion is required to meet the need of continued growth of the existing church complex. Multiagency guidelines allow for 6:1 en- hancement replacement for filling Category IV wetlands. This will be the most simple, ecologi- cal, and economically viable option. As set forth in WCC 16.16.680 "Compensation for wetland buffer impacts shall occur at a mini- mum 1:1 ratio." Whatcom County regulated buffer impact of 30,000 SF (0.69 AC) shall be com- pensated by 0.69 AC of wetland/buffer enhancement. The plan is revised to address MFR CENWS-OD-RB February 14, 2013. USACE. 1.3 PROPOSED PROJECT The project adds 126 additional parking spaces and associated stormwater facility--3 rain gar- dens on the church site. The existing conditions of the proposed area is a mowed field with 4 small wetlands. Three sides are developed and potential future development of the unimproved road right-of- way south of the field will completely disconnect the area from other habitats. Project can not be developed without filling three of the four wetlands. 1.4 ASSESSMENT IMPACTS / COMPENSATION Wetland Impact -- 9223 SF --highly degraded low quality Category IV Compensation --1.27 AC of wetland enhancement ratio of 6:1 enhancement to impact. Buffer Impact-- 30,000 SF (0.69 AC) --highly degraded mowed grass in impact area currently provides poor connectivity to other habitats, lacks diversity, and is disturbed and in a land- scape position surrounded by development. Compensation of 0.69 AC of wetland/buffer provides a ratio of 1:1 and will be established in wetland/buffer connected to wooded upland/wetland complex which is relatively undisturbed. Water Quality The existing wetland/buffer to be filled provides minimal water quality function because the run -off from impervious surfaces and surrounding development is directed elsewhere. Low grass- es provide minimal watershed improvement. Grass buffer provides infiltration opportunity at a low level. Mitigation increases the canopy coverage of native woody species and increases the capacity for the acreage to uptake direct precipitation and surface run-off. The canopy of trees and shrubs increase shade and help moderate temperature of ground water. Sediment Removal: Regularly short mowed grasses have low potential for sediment removal. No tilling, cropping, or other long term source of sedimentation is indicated in close proximity. Area to be mitigated is highly invaded with reed canary grass which provides high water quality potential for removing sediments when the stems are rigid. No significant improvement in sedi- ment removal opportunity is anticipated. Toxicant Removal: Area to be filled rates low; potential that maintenance practices may add chemical fertilizer and herbicides exists currently. Enhancement will install native hardy species capable of thriving without additional chemical amendments. Native woody species will have shallow spreading roots and the variety of spe- cies have potential to take up a broader range of toxins. Overall potential for reduction of toxins in the watershed is anticipated, while no specific source of toxins is indicated. Hydrologic Pasture grass provides poor water retention and minimal infiltration in heavy mineral soils in the area to be impacted due to shallow pan structures. Hydrologic functions in the watershed are primarily a function of overall tree canopy. Above ground biomass in enhancement will improve water absorption capacity which can be transpired slowly through evapotranspiration. Woody species installed, especially in the buffer areas, are expected to increase the capacity of infiltration. A high volume of direct precipitation is able to be captured in a tree canopy --approximately 50% of the direct precipitation on average may never reach the ground. Young aggressively growing woody species uptake high volumes of water in the early years of a mitigation plant- ing, and levels stabilize at maturity. Habitat Production of Organic Matter and it Export: rates low currently in the area to be impacted and rates low in the field to be mitigated. Enhancement will improve the production of organic matter, enriching soils, and providing ad- ditional nutrients to surrounding waters. Quantity of leaf matter, twigs, and downed woody de- bris are expected to improve. General Habitat Suitability: rates low under current conditions and exposure in the area to be impacted. The mitigation area rates low currently but is a good choice because of opportunity for connectivity to forested upland, wetland areas offsite, and a tributary to Silver Creek. Establishment of a tree/shrub stratum is anticipated to improve habitat for urban mammals and a variety of bird species by widening buffers to existing habitat, adding cover, nesting sites, perches, and food web support. General Fish Habitat: Moderation of temperatures of ground water and run-off is anticipated to improve as part of this mitigation effort and expected to be a general watershed improvement as shade increases long term. 1.5 MITIGATION APPROACH Mitigation Sequencing The lowest functioning portion of this site was selected for development. It is also well oriented to existing development. In contrast to other portions of the site the elevation change between the church entrance and the parking expansion area is minimal. Parking in this location will im- prove accessibility for the elderly and the disabled portion of the congregation. The project lo- cation is dependent upon existing property and structures and no area that would be less im- pactive could be found. Alternative options which might have included purchase of land across the street were dis- missed in the early planning stages. Absent of safe passage across Northwest Avenue, which does not exist currently, the church going families could not be expected to safely cross. A sky bridge would be cost prohibitive at this time. Wetlands and wetland buffers exist west of North- west Drive, and unencumbered buildable land may not have been available for purchase. Utilizing the southwest field and minimizing the number of parking spaces for avoidance or re- duction of direct impact would not have been an effective plan for protection of the already dis- connected units and disturbed buffers. Functional losses to already poorly functioning units would result from human activity in closer proximity than exists currently. Additional spaces would have to be found elsewhere in any event if the field were not fully utilized. Alternate lo- cations are problematic for various reasons including wetlands, forested cover, and topogra- phy. If parking can not be expanded on the existing church site, the church would need to move to a new location. It is unlikely that a site of this size in Whatcom County could be devel- oped without some impact to wetlands and 0.21 acres impact to low quality degraded wetlands would be small compared to the new wetland impact likely required at a new location. Degraded wetland areas exist northwest and north central of the existing church and have connection to an offsite fish bearing stream. Moderately well functioning forested and scat- tered wetlands are found in the northeast corner of the site. Distance from the church entrance and moderately steep topography are problematic. The church would prefer not to cut these trees at this time. Cutting trees would be impactive to functions in the watershed. Trees on up- lands provide good quality infiltration. Opting for impact to an area lacking habitat connectivity in the southwest corner is less impactive. The church land extends eastward of this existing parking area. Under current development the outer parking is greater than 270 feet from the entrance to the church. The parking would have been a long distance to walk on hilly terrain. The upland grassy areas is narrow. The for- est in the southeast supports several moderately functioning PFO units. To accomplish an equal number of parking spaces, forested cover would have been eliminated and impact to for- est wetlands, and/or forested buffers would have been unavoidable and more impactive than the selected impact site in the southwest corner of the property. Mitigation Selection Based upon the Corps' current policies, the preferred order of consideration for compensatory mitigation is 1)use of mitigation bank credits, 2) use of in -lieu fee program credits, 3)permitte responsible mitigation under a watershed approach, 4) permittee-responsible mitigation, on - site and in -kind, then 5) permittee-responsible mitigation, off -site and out -of -kind. Whatcom County Code 16.16.680.F. "...Compensatory mitigation shall be provided on -site or off -site in the location that will provide the greatest ecological benefit and have the greatest :1: likelihood of success, provided that mitigation occurs as close as possible to the impact area and within the same watershed as the permitted activity..." A waiver would require watershed - or landscape -based analysis. Mitigation selection of a creation based mitigation proposed in the northeast portion of the site is not acceptable to the Washington Department of Ecology. Correspondence dated 11 /01 /2012. "With regards to the proposed impact to the filling of the highly degraded low -quality Category IV wetland for the expansion of the Church parking area, the Department of Ecology (Ecology) does not take issue. Ecology does not agree with the arguments for mitigation in the Northeast corner of the site adjacent to an existing forested wet- land in an existing forested buffer... for the following reasons: Expanding on existing wetlands does not ensure that there will be adequate wetland hydrology. In fact, there are circumstances when excavating next to a wetland actually dries out the existing wetland. A water budget would need to be developed by a hydraulic engineer or similar in order to assure that there would be enough water for both the existing and created wetland. The existing wetland and buffer in the northeast corner is not in need of restoration or repair. The wetland mosaic is functioning very well currently, and the introduction of large machinery, excavation, and compaction will not be a benefit to this system. If the existing canopy cover in the forest will prevent future colonization by non-native blackberries, we question why they are present and thriving under the canopy now. We do not agree that the proposed mitigation site would be stable and functioning at "close to the final mature con- dition within the first year after completion". It is likely to take the site several years post construction to recover from the drastic disturbance caused by large machinery, etc. The reed canarygrass (RCG) wetland in the northwest part of the site, if properly prepped and planted with successional species should have signifi- cant cover of native woody species within a few years. Then it would be on a trajectory toward a stable, suc- cessional community. The argument that wetland creation in the northeast part of the site would be cheaper than wetland enhancement in the northwest part of the site is based on an unrealistic approach to enhancement on this site. We would not advocate or even approve large-scale excavation of the RCG to a depth of 18 inches. In addition, several de- ciduous species such as cottonwood, willow and red osier dogwood, can be installed as live stakes or whips, which are very inexpensive. Given the degree of wetness of the area as observed from Northwest Avenue, irrigation would not be necessary if planted in the proper time of year. There would be maintenance costs, but they could be minimal if the site is properly prepped and maintenance is not ignored for an extended time peri- od. In addition, planting and maintenance could be completed or at least assisted with the use of youth groups from the congregation if desired. Clearing planting areas, installing whips and future maintenance of the planting areas do not require high levels of skill. Ecology relates that enhancement mitigation in the northwest corner of the site in an existing degraded wetland is a simpler and more ecologically and economically viable alternative. Additionally, the Department of Ecology would not require an individual 401 Certification for the plan as outlined in the January 20, 2013 proposed plan enhancement of existing wetland. Creation is likewise not proposed in the northeast corner as part of the mitigation because suc- cessful creation would require deep excavation and removal of RCG infested soils which would not only be costly but not likely approved by WDOE. The development project provides no ad- ditional source of hydrology and no guarantee can be made that occasional to seasonal hy- drology currently found in the shallow pan structures will be adequate to sustain an adjacent newly created wetland. Per guidance found in "Wetland Mitigation in Washington State, March 2006,"enhancement only is an acceptable compensation for permanent loss of Category IV wetlands at a 6:1 ratio, which is proposed in this plan. While we acknowledge that the Lummi Nation Wetland and Habitat Mitigation Bank is now available and that this project falls within the service area, this is a recent opportunity for this region and was not available for this project during earlier mitigation proposals. In the early stages of the mitigation bank the Lummi Bank will enhance existing wetlands and preserve ex- isting wetlands. Credits are selling for $250,000 and discount is not available for non tribal member projects. The universal ratio for Category IV is 0.85. On this basis, the 0.21 acre of fill would cost $44,625. Archeological would need to be satisfied prior to application to assure a minimum approval time of one month. Purchase is project specific and credits can be pur- chased at 1/100th of acre units. The bank can be selective and no guarantee of approval for purchase of credits exists. The buffer enhancement proposed in this plan is to offset loss to Whatcom County buffers and could be managed at 1:1 on the church site and is a separate issue. Because the church already owns mitigation land and has a congregation able to volun- teer labor and/or provide services and supplies at cost or donation, the cost savings for permit - tee responsible on -site mitigation is significant as compared to purchase of bank credits. No in -lieu fee or watershed program is available. The largest portion of the enhancement plan is located near the road. A dense diverse plant community will provide prefiltration of potentially toxin laden road dust and vehicle exhaust pri- or to entering fish habitat or higher functioning forested wetlands and is well located based up- on opportunity to provide toxin removal functions and adequate hydrology for an enhancement project. Mitigation projects along the Northwest Drive corridor are excellent options because of land- scape position of low density development and over 600 acres of surrounding forested wet- lands, scrub shrub wetlands, and associated buffers, emergents wetlands and upland pas- tures. Within the past 10 year black bear was even spotted on a property near Northwest Drive. Because several high functioning wetlands areas are found in proximity to the selected mitigation site this mitigation can mutually support the functions of the whole system. Currently one new enhancement project in wetlands/buffers along the stream corridor exists west of Northwest Drive in close proximity. The church mitigation project will be supportive of the water quality functions provided by the adjacent habitat project. Finally, habitat education opportunities exist with the on -site wetland enhancement project as proposed. The mitigation project will be in full public view by many Whatcom County residents in the region passing by on route to the County Planning office. Also, the installation and care of the mitigation is anticipated to have high participation by members of the congregation in- cluding the youth group. Enhancement planting is simple enough to be managed by unskilled workers and avoids use of heavy equipment. Long term, a successful mitigation installation will minimize the regular weed maintenance in the northwest portion of the site and will be a cost savings to the church. Aesthetically the site will be enhanced by native landscape. Landscaping of the church grounds currently demonstrates successful establishment of a good variety of a native dominant shrub community and is well maintained. The organization has therefore demonstrated historically successful establishment of a native woody plant communi- ty on site and are good candidates for stewardship of their own mitigation effort on site. 1.6 MITIGATION SITE PLANS The north and northwest portion of the property covering 85,338 SF (1.96 AC) will be en- hanced with native trees/shrubs. At least 1.27 acres of the total will be wetland enhancement. `rhe plan considers the most cost effective, aesthetic option, and minimizes maintenance costs to increase the potential for success. The selected mitigation area appears to have sufficient hydrology to support the establishment of live -stake plantings. Given the poor condition of the impact area and the dominance of RCG in the Ecology pre- ferred mitigation site, RCG will be managed at the time of planting and performance standards related to survival of newly planted species, only will be required. Trees at a "sparse" density (18 ft. o.c.) and shrubs at an "average" (6 ft. o.c.) results in 263 trees/1333 shrubs. Tight groups of 15-25 stakes in a group will require planting small dense areas within the RCG wetland and grassy buffers. Eventually these clumps are expected to push outward increasing coverage and gradually overtake the RCG. Meanwhile maintenance between the clumps would be more easily accomplished, although will not be required at any greater intensity than needed for survivalship of the newly planted species. Table 1. LIST OF PLANTS --Enhancement Common name Scientific Name Size minimum Spacing min Moisture # Tolerance Black Populus balsamifera 3' stake or 4' oc Wet - moist 150 Cottonwood spp trichocarpa bare root Sitka spruce Picea sitchensis 18-24" 1 per shrub Moist 50 bare root group Shore pine Pinus contorta 18-24" 18' oc Moist - dry 50 bare root Douglas Fir Pseudotsuga menziesii 18-24" 18' oc Dry 25 bare root Dogwood Corpus stolonifera 2-3' stake 1' oc Wet - dry 400 Red bark 20-25# per 25 SF Pacific willow Salix lucida 2-3' stake Wet - moist 200 Yellow -green bark -tall grouping Hookers willow Salix hookeriana 2-3' stake Wet - moist 250 Geyer's willow Salix geyeriana 2-3' stake Wet - moist 250 Sitka Willow Salix sitchensis 2-3' stake Wet - moist 233 Planting specifications 1. Planting area will be prepared by mowing and then sprayed with a water safe herbicide by a licensed technician in early spring when the green springs are about 6-12 inches high. The planting areas will then be treated a second time in early fall. 2. Areas typically inundated 1' or greater for long duration during the wet season will be void- ed from planting zone (NW corner.) 3. All shrubs will be planted in dense groupings 1' oc. Size of each grouping plot will be 25 SF on average (20-25 plant stakes will be planted in a 25 SF plot.) 811 4. One Sitka spruce will be planted in each of 50 of the shrub clumps. 5. Black cottonwood will be planted in dense grouping 4' oc. min. 6. Wood chips or mulch will be laid into the planting areas 4" depth. Alternatively equivalent weed barrier biodegradable fabric may be utilized. This will form a patchwork of circles for the shrubs in the field, help maintain weeds prior to planting season, and visibly mark the planting areas for the volunteer planting party. 7. Cuttings (stakes) should be planted mid January to March, or per nursery instructions. If planted in autumn the risk of rot is high. The stake will be inserted point down (buds up) and inserted at least 50% of its length. 2 or 3 buds should be exposed. The soils around the cutting should be tapped down to assure good soils contact. Minor changes in native plant species may be made based upon availability. Any changes must meet agency approval. Plant material shall be obtained, when possible, from local native plant nurseries. Weed control Once the plants are installed, the maintenance of invasive RCG shall be performed by mowing around each individual conifer or shrub/tree grouping 2 foot wide path for a minimum mainte- nance protocol biannually. Mid level control would add mowing the field as is current practice having care to mow around the native plants. Increased level of maintenance adds spot treat- ment by a licensed technician around the outer edge of the individual trees or planting groups with glyophosate biannually for the first 3 years, then once annually years 4 and 5 as needed. 1.7 GOALS, OBJECTIVES, AND PERFORMANCE STANDARDS Long term goals The goal of this mitigation is to increase the diversity and structure of the habitat and improve water quality in the watershed by increasing coverage of woody native species. A low quality degraded grassy wetland and buffer will be improved to at minimum a two class PEM/PSS wetland/ buffer system. Specific Goals, Objectives, and Performance Standards Goal 1: The compensatory efforts increase the coverage of woody species in wetlands in the watershed. Objective 1: Compensatory efforts shall enhance 1.27 acres by establishing a stand of native shrubs and native tree species at the Cornwall Church site. Performance standard 1a: Survivalship/ coverage shall be at least, Year 1...100 percent survival Year 2...90 per percent survival Year 3...90 percent survival Year 5...85 percent survival/ 20% coverage Year 7...85 percent survival/ 30% coverage Year 10...85 percent survival/ 40% coverage Volunteer species of appropriated species can be counted for dead or distressed plants. Performance standard 1 b: At least 2 native tree species and 4 native shrub 812 10 species will be established by year 3 in the wetland enhancement. Performance standard 1 c: Wetland hydrology shall be evidenced by indicators outlined in the Army Corps of Engineers Wetland Delineation Manual and Western Washington Regional Supplement years 3, 4, and 5. Objective 2: Compensatory efforts shall enhance 30,000 SF (0.69 AC) of wetland/buffer. Performance standard 2a: Survivalship/coverage shall be at least, Year 1...100 percent survival Year 2... 90 percent survival Year 3...90 percent survival Year 5...85 percent survival/20% coverage Year 7...85 percent survival/ 30% coverage Year 10...85 percent survival/ 40% coverage Volunteer species of appropriated species can be counted for dead or distressed plants. Performance standard 2b: At least 2 native tree species and 1 native shrub species will be established by year 3 in the upland buffer. Objective 3: Compensatory efforts shall establish a moderately diverse native woody plant community. Performance standard 3a: Invasive blackberry (Rubus armeniacus, R. lanciniatus) shall not exceed, 30% aerial cover at the end of year 1 25% aerial cover at the end of year 2 20% aerial cover at the end of year 3 15% aerial cover at the end of year 5 10% aerial cover at the end of year 7 10% aerial cover at the end of year 10 Performance standard 3b: Mitigation site shall exhibit 0% coverage of purple loosestrife and Japanese knotweed at the end of years 1,2,3,4,5,7, and 10. 1.8 MONITORING PLAN The objectives of monitoring are to verify all design features, as agreed to in the plan, have been correctly and fully implemented, and that any changes made in the field are recorded and consistent with the intent of the design of the mitigation. A qualified specialist shall supervise mitigation planting and follow-up. The qualified specialist should check the boundaries and re- solve necessary minor adjustments to the plans to allow them to conform to changing field con- ditions, advise the contractor during construction to adhere to the mitigation plan, and resolve any problems that may develop during the project. Upon completion of mitigation project installation, the permittee should contact a qualified spe- cialist, so that an "as -built" report can be completed. At one year after the approval of the ,as - built, monitoring will commence. Vegetation and signage shall be monitored once per monitor- ing period years 1, 2, 3, 5, 7, and 10. Whatcom County monitoring includes years 1, 2, 3, 4, 5. If performance standards are on track permittee may submit a request for release from moni- toring prior to the agreed monitoring period, agency (ies) may determine additional monitoring 813 IN is not required. Reports shall be submitted by December 31 of any monitoring year to the Seat- tle District Corps of Engineers. Photo points shall be selected at the time of as -built and photo documentation shall be com- pleted at these same locations for comparison each monitoring period. 1.9 SITE PROTECTION In accordance with code provisions, the mitigated area shall be placed in a conservation ease- ment filed with the County Auditor. A sample pre -approved form is available on the Whatcom County website. Native growth protections signs as located on the Mitigation Exhibit shall be placed at approxi- mately one per every 200' and designed as per Whatcom County specification, see Appendix C of the Critical Areas Ordinance. The mitigation site is located in a portion of the site which has demonstrated years with no negative human incursion in spite of surrounding existing development. The deep roadside ditch, the undulating topography, and wetness discourage human activity near the mitigation site. No added benefit can be found to justify the added expense or separation by fencing. Likewise a thorny vegetative border would be difficult to maintain in the RCG and survival chal- lenged with no evidence that protection would increase by this effort. Site is highly visible from the road heavily travelled by Whatcom County officials daily and will be monitored regularly as per schedule a will be adequate to assure human intrusion does not become a problem. 1.10 MAINTENANCE AND CONTINGENCY PLANS Regular site maintenance is a crucial component to ensure mitigation site success. The plantings will be monitored for viability, competition from weeds, rodent damage, bare patches, vandalism, drought, herbicide damage, mowing damage, and deer browse. Correc- tive actions will be taken as part of the maintenance program to maintain survival of plants. Plant condition should be inspected during each growing season as soon as the plants have had adequate time to leaf out. Plants shall be replaced during any period a short fall is noticed. Some loss is anticipated; therefore, maintenance replanting is anticipated. Clearing circles around each grouping plot and each conifer or conifer group shall be 2' wide and maintenance shall be at minimum on a bi annual basis for the first 3 years, once annually years 4 and 5. Most of the mitigation area is reasonably well hydrated. In order to improve survivalship. Plants installed in the drier upland buffers should be watered during any droughty period receiving less than 1" per week rainfall during at least the first and second years after installation, until trees and shrubs have had adequate time to develop strong root systems. It shall be the responsibility of those carrying out the maintenance to report "problems" in a timely manner to allow mid -course corrections as agreed upon by a cooperative effort among the permittee, wetland consultant, landscape team, and Whatcom County and the Corps of Engineers. Contingency may include additional planting to replace dead or distressed plants to meet performance standards. Contingency may include plant substitution of type, size, quanti- ty, and location and must be approved by the permitting agencies. Long term some tree thinning in the buffer area may be required as part of landscape practices to preserve and protect the best conifer specimens if they become crowded years 7-15. What- 12 com County should be notified prior to performing this action. Performance standards as agreed will not be compromised by this act. RCG shall be managed at a level to assure the survival performance of the newly established plants is not threatened. 1.12 FINANCIAL ASSURANCES The applicant shall post an assignment of saving surety in the amount of 125% of the estimat- ed cost of the uncompleted actions. Surety shall be based on initial cost estimate of the mitiga- tion action including plant materials, plant installation, weed control, monitoring, and/or other related costs. Surety allowance shall remain in effect until Whatcom County determines in writing, that the standards for the bond requirement have been met at duration limit detailed in the code. Plant materials (1333 shrub stakes @ .75) $ 1026.41 (263 tree @ $ 2.50) 657.50 Mulch 25 c.y. @$40/ c.y. 1000.00 Site preparation 1.96 AC @ $450/ AC 882.00 Native growth protection signs 7@ 65 455.00 Maintenance $300/ AC @ 8 2400.00 As -built and first 5 years monitoring reports 2700.00 Subtotal 9120.91 25% Contingency 2280.23 TOTAL $ 11,401.14 This price quote is for budgetary purposes only, and not intended or implied as a contract for services. LIMITATIONS This report is based upon information collected in the field and obtained from manuals and publications produced by Federal, State, and Local agencies pertaining to the process of wet- land mitigation. Conclusions are the professional opinion of the author (s) subject to approval by appropriate agencies. 815 13 i • 14 SITE OVERVIEW Proposed: Wetland / Buffer Fill Reference:Whatcom County MIT2012-1 SEC 2, T 38 N, R 02 E Corps Ref#: NWS-20111-1107 44048.389'N /122031.080'W Project: Parking Expansion Permittee: Cornwall Church1 J 02/20/2013 4518 Northwest Drive Northwest Wetlands Consulting, LLC Sheet 2 of 5 Bellingham WA nwckatrina@comcast.net 360.510.1606 817 Impact Area Cornwall Church Site Mitigation area taken from north P/L facing Northwest Drive (left above) Mitigation area taken from mid front field facing north toward north property line (right) 16 SITE PHOTOS Proposed: Wetland / Buffer Fill Reference: Whatcom County MIT2012-1 Corps Ref#: NWS-20111-1107 02/20/2013 Project: Parking Expansion m Sheet 4 of 5 Permittee: Cornwall Church 4518 Northwest Drive Northwest Wetlands Consulting, LLC Bellingham WA nwckatrina@comcast.net 360.510.1606 i e EXHIBIT D N Y a W W w W 821 EXHIBIT E .4 N io O U J N N C Y U U d Q > > > on 4c Y E E E O a N O O O N bD U u u QCl Y O Q O 0 m C Q O t t t o O a a w 41 Y CLO m T E N U w > Q co w � N O u � O � � Z o n O o� o � J O Q O Z a Y Q a to c Ln x w ►: O O O O O O O O O CD 0 000 O^ l00 L M N SlIVIS 9NRlHVd d0 b38wnN EXHIBIT F O>#RR ADD $�8���86A z o - cn HP ���� �E•Asa�aa°� ���$�i���°�����A��31���9� K m om till E �Q����E�� 7 C� ++ P "P Y Y Nip P P P w Y N ` •ri (O V OI V A W N y Y�T l^ T cn 1 lJC/ N 7, 33�$g#"�§Qn�mvns ��Pr�44A;P}st@i D= 00i om3 --4 m 3$ 3 ass m m m r� z O rn p c) a��_ � m & Q 9 g � �$ r 3 4$S3°` 0 m m --1 O z D1 O m T< �j PI. $ fiafi Rggga �� � �jiB s V O 0 a v_ rrn pm z -+ r €y$ a°Rz� �Aa e$ g5 sCg ssYA$s C D z O w z O e o s� dogg g§ a�:g i�� z Z $ ���x¢¢ag s.gs Sg�2P4 gg 'O m O� m g aA $a .® ee fTl O z r n g$� �ia�B •� g fi 9 g s z r 9 3 $ =s 8 sa_ ' a $$ aE r sp c Z r �• 8 110 Z 00 VJ � Z—� 0 9g s s •2. �g� .. g e4 m ion s w O T x mz 5 N = m Gam{@Y;>1Ehyy9�!igill ..........., O z " !$ KfloPEi! m �yt ri y i ia�i�4l tr e' y� ]4 >�y! n dr z 01 ro NY O ill qq �e � 7gY�g �p Ao nr cz p n!A• ! y ik T D'A Nm N Om or Da L.� �F nC® ✓i�� i_''_ a // \I `F`a�E till Ci F ^Cf� 1 L I � Cam' � •\� 44 `f`'Sgy` �.. !i` ie A\ / / Y 4/ TO, \t S7 3C sE k 6 E .« —' o \ 'p E k iE' 1 i I ./' V FFP \ i E -* 1\f\T IN rD -------- ---------- 1 �a- -., _ r, L .y` j-�-'� 'tea_' --i / / X i��_ r. ------------ - - - _--_- _-_-_-_-__-_-_-_. _--/AI__ t (y I `----` - - - ------_.-_-_------ - - - - - __- I i 1 1 '- FAR \\ �4 `---------`------`--- ----'-- -' _-_---- -- ------- -------- ----------- --------------- _ ---- i All •4, n gg E le 9f \ f' Elt < / i RR — -- _ ------ ----- --- ---- - ------ -� 1 LOD f --d--I •-I- ^----°---- - -- - °�--- gg - f / EE.yq mh>7 _ ____ _ TTT P• / — ___ — _ G S � N N I B� � �& 7 p � f y Y - . p v a Y . 1• 1+ - m Gdji€ IW4R��y! $��.4$fin$K!411$MAN "1����� 6 'O f 9S�o� tid y gC$H�P go A, g"R � � ^ a C.)`t<f n n rg IIWBbF A9 IN"4 �aR g1 g. ,5 0 w 25 Ar L A Mgg to Ila m a s s _Q m 26 27 Ya'C L SIB m f! O A Z. &MI `----- .- ----------- — - ---- -----LOB-T --- -__ / \ --- - - i j r Ulu a ---- IF -- _ - — — — _-_- 5 ------ — ---u. ---- asa a u^}� � r y _ 29 TT4 L a Om m m m 0 m rn 0 .a yy ca Ep Om or dl.Tr Nil as �z No t I 8 m z m m VI cc) m fill is I it 0 emm I P -IT a H F q 9i 13 0 A t� W S0 Q I h 4 gS 3 _ qR ¢p y Aq Q CS 4g z c P T i g> si Om om � od Or v Cl) , Cl) m�e gg a a� $ lips z " ! S � m z 8 B sT Z Q��i �a I 06 a � A : e� Jill ll �4 - 31 EP�k r I = om or s �� �_. �•�� Viz; k ' ��0 .� .,� � �','�r� } `✓'� gsc•`_ \ .� .��, : IN i ------ •._-..._-_.- ---- -- --' - i ` V/---_-_ .__.--_-------_-_.-.�-_-- F -_------_- ------ 1 / _ ------- --- 1 l� 19/M 41 lF-11" I I I coal 111111181H 0 0 HHU11191 1JUJUNIMA: NEI 32 d ea n � Z ocm: q"g ' m An i ggg r ca VC1 g ? f C 'Tt m 11 Igor" Ili ll V 11 Ph Q ��R no € ax . lop 11N, Ill >sA € 1491a1 lid A mAli Illgag a �Y•��r... ��s 64 �, N Cy> b m 0 1111,111 $ J NP i ! € 6 ACg RAY G€ GI gq®®N$qrqr��$• PI[AA 14 4� i^� 5 iiA lip z $$ 3 _P $EEeJ5 ifi9�SAS i�f9$� R 5 g`gg �AWF�� ��p� � 5 @MH eElf gg p�$$gggy� w�g� R $ 2e = �gg� RBA M2A€g �� g mill �a��� � ¢$���� p � �� �=:$�46 $P99$� � q� d i�•>�'"9 �8 �QN� �' Ads �� � u $R < n a € m°, a aEggg�q [� pg o � ^ 9 �� �$AI � �q��i ��`��5�p � 3� ��� $�9s 9$ 1Gd� a��$�� f �.. Ali ���� $ 115�� G ' a 33. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-235 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. g JPR 6/4/2013 (r�C7 t-;� N� � _., ,.,J IC_ `� �� ;�J 6/18/2013 Council - Introduction Public Works Division Head: JPR 61412013 _ �— ) 61273 WHA OM COUNTY 71912013 Committee/Hr . Dept. Head: AY/sht)a Prosecutor: Purchasin /Bud et: COUNCIL Executive: TITLE OF DO T.• Closure of a portio of Limestone Road ATTACHMENTS: 1. Memo to County Executive and Council 2. Ordinance 3. Vicinity map 4. Letter dated 2/6/13 rom Lehigh NW Cement Company requesting closure SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? (X) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: 71912013 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 Council has been requested by the property owner to close Limestone Road east of Tilbury Road because illegal dumping has taken place in that area for many years and efforts to stop dumping have been ineffective. This portion of Limestone Road is a dead-end with no residential structures. Adoption of this ordinance will allow the property owners to install proper signs and Whatcom County Public Works to permit the existing gate in order to allow pedestrian and non -motor vehicle access along said portion of closed road. 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.wausleouncil. EMU WHATCOM COUNTY G0M CO Joseph P. Rutan, P.E. PUBLIC WORKS DEPARTMENT °z County EngineerlAssistant Director 3 , 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Frank M. Abart Phone: (360) 715-7450 Director �y 4= Fax: (360) 715-7451 Memorandum To: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council Through: Frank M. Abart, Director_ s F From: Joseph P. Rutan, P.E., County Engineer/Assistant Directo ff Date: June 4, 2013 Re: Ordinance Closing a Portion of Limestone Road East of Tilbury Road Requested Action: Recommend adoption of an ordinance to close a portion of Limestone Road east of Tilbury Road. Background and Purpose: The County Engineer is recommending closing Limestone Road east of Tilbury Road because illegal dumping has taken place in that area for many years and efforts to stop dumping have been ineffective. The road is a dead-end road with no residential structures so that there will be minimal effect to residents. The property owner requesting the closure has already installed a gate at this location. Whatcom County Public Works will permit this gate and proper signage installed by the requester to allow pedestrian and non -motor vehicle access along this portion of Limestone Road. Information: According to the provisions of RCW 36.32.120 the Whatcom County Council has the authority to close portions of county right of way. hAcounty council\limestone road\2013_limestone rd memo .doc 835 SPONSORED BY: PROPOSED BY: Public Works - Engineering INTRODUCTION DATE: 6/ 18/ 13 ORDINANCE NO. ORDERING THE CLOSURE OF LIMESTONE ROAD EAST OF TILBURY ROAD WHEREAS, the Whatcom County Council has been requested by the property owner to close Limestone Road east of Tilbury Road; and WHEREAS,.the closure is requested because illegal dumping has taken place in that area for many years and efforts to stop dumping have been ineffective, and WHEREAS, this road is a dead-end road with no residential structures, and WHEREAS, the Whatcom County Council is authorized to close the road according to the provisions of RCW 36.32.120. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Public Works Department of Whatcom County is hereby directed, subject to further consideration for reestablishing access for adjoining property owners and the public, to close Limestone Road east of Tilbury Road, to vehicular traffic. BE IT FURTHER ORDAINED that the property owners will install the proper signs and gate approved by Whatcom County Public Works, allowing pedestrian and non -motor vehicle access along said portion of closed road. ADOPTED this day of , 2013. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS S TO FORM: Chief Civil Deputy Prosecutor Kathy Kershner, Council Chair ( ) Approved ( ) Denied Jack Louws, Executive Date: • WHATCOM COUNTY PUBLIC WORKS ENGINEERING DEPARTMENT F E D -- 7 2013 E HEIDELBERGCEMENTGroup February 6, 2013 Joe Rutan 322 N Commercial St Suite 210 Bellingham, WA 98225 Dear Mr. Rutan: Lehigh Northwest Cement Company PO Box 37 Bellingham, WA 98227 Phone (360) 733-6720 Six or seven years ago Lehigh Cement moved its security gate on Limestone Road one half mile east. I have looked through my files and cannot find a letter allowing me to do this. However, I did have a verbal okay to do this. would not have moved the gate without permission. We had a real problem with people dumping garbage down a small ravine in front of the old gate and along Limestone road. We had several letters from the Health Department ordering us to clean up some one else's mess. We fenced of the corner of Limestone and Tilbury Road and the Health Department put up a camera to watch the area. We also had three instances where cars traveling down Limestone Road at a high rate of speed crashed into the gate because it was in a low spot on Limestone Road., The gate is now highly visible to drivers. It is located next to the fenced off area and where the camera's are located. We do not have problems with garbage being dumped and people running into the gate. I hope the County will not ask us to move the gate back to its original location. Sincerely, eWane Bratz Plant Manager 837 Vicinity Map Proposed Limestone Rd. Closure SA7} c g a a S colti.^ bl'i Ea �A Qa �. Proposed Portion of Rd. Closed to Vehicle Access Lime Slot ,e Limestone Rd. LG Junction gellvroad 6r f447i a 2 r �J w `nor vb a pfAP!¢ �n T Azr�re U✓vy C � c m Alder 4n 47ayvoai0t cr 0 Chestn�\0� � 3 m Ha/y K' �.... Fall Valley Ln �SA7� Valley Or 0` " Ong Va\\a'1 Area Behind Gated Access /-Nftld UI IVIdl rv. iynden grit Bake( 10 NAVTEQ 0 2013 (soft Corporation 02010 NAVTEQ OAND 0 2013 Microsoft Corporation P�`O �NFORMq r�O PP ,\OOM " COGNs` gym° sac 20/3 tif�s�; 83k,F,�J� y SBrvlca processed by map 6P 3 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-300B CLEARANCES In'tial Date Date Received in Council Office Agenda Date Assigned to: Originator: Josh Fleischmann b� 05128113 n j� �� r� t� L._. I LUJ 5/21/2013 P&D Committee Division Flead: Mark Personius � 05128113 6/04/2013 6/04/2013 S COTW Introduction Dept. Read: J.E. ?� 6 18 / 2 013 SCOW` "Sam"Ryan MAY Z 8 2013 g� q ft� �p H A M COUNTY COUNCIL.. Introduction Prosecutor: Karen Frakes Purchasing/Budget: Executive: Jack Louws TITLE OF DOCUMENT.Zoning amendment to allow Packinghouses in the Agriculture Zoning District ATTACHMENTS: 1) Proposed Ordinance 2) Memo to Council 3) Exhibit A — Proposed Code Amendments 4) Exhibit B - Comprehensive Plan Policy 2HH-3 regarding designation of new LAMIRDS S) Exhibit C — Health Department Comment 6) Exhibit D — PowerPoint presentation from May 21 st Planning and Development Committee SEPA review required? ( X) Yes ( ) NO Should Clerk schedule a hearing? (X) Yes ( ) NO SEPA review completed? (X) Yes ( ) NO Requested Date: SUMMA R Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) To allow packinghouses of up to 10,000 square feet as an accessory use, or greater than 10,000 but less than 30,000 square feet as a conditional use. Review criteria include limits on livestock source, adequate services by necessary facilities, an approved and implemented waste management plan, appropriate vehicular approaches, limits on, noxious emissions, and requires avoidance of prime soils to the extent feasible, among other criteria. COMMITTEE ACTION: COUNCIL ACTION.• 5/21/2013: Exhibit A amended and recommended for 6/04/2013: Will be introduced at a later date. Introduction at the next meeting (Joshua Fleischmann to provide an amended ordinance. 6/04/2013: Held in SCOTW 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 We 1 2 3 4 5 6 7 8 9 10 12 13 15 16 17 19 20 22 23 25 26 28 29 30 32 34 35 37 38 40 41 43 44 45 46 47 48 49 50 51 52 PROPOSED BY: SPONSORED BY: BY: INTRODUCTION DATE: ORDINANCE NO. ZONING AMENDMENT TO ALLOW AGRICULTURAL SLAUGHTERING FACILITIES IN THE AGRICULTURE ZONING DISTRICT WHEREAS, an application has been submitted to amend the Agriculture (AG) zoning district to allow the small scale slaughter of local livestock; and WHEREAS, the proposed amendment has been reviewed under the State Environmental Policy Act (SEPA); and WHEREAS, In accordance with RCW 36.70A.106 Whatcom County Planning and Development Services notified the Department of Commerce of the proposed zoning text amendment; and WHEREAS, notice of the Whatcom County Planning Commission hearing on the proposed amendment was published in the Bellingham Herald; and WHEREAS, the Whatcom County Planning Commission held a public hearing on the proposed amendment and considered all testimony; and WHEREAS, the Whatcom County Planning Commission held 3 work sessions on the proposed amendment; and WHEREAS, the Whatcom County Planning Commission forwarded its findings and reasons for action to the County Council; and WHEREAS, the Whatcom County Council has reviewed the Planning Commission recommendation; and WHEREAS, the Whatcom County Council held 3 public hearing on the proposed amendment and considered all testimony; and WHEREAS, the Whatcom County Council held 7 work sessions in the Planning and Development Committee; and WHEREAS, The Whatcom County Council held 1 work session in the Special Committee of the Whole; and WHEREAS, the Whatcom County Council hereby adopts the following findings of fact and conclusions: FINDINGS 1. The proposal is to amend the Agriculture (AG) District portion of the Zoning Code (WCC 20.40), to allow for packinghouses. 2. The proposal has been posted to the County website. Page 1 1 3. Notice of the subject amendment was submitted to the Washington State 2 Department of Commerce on June 5, 2012. 3 4 4. Notice of the Planning Commission work session for the subject amendment 5 was posted on the County's website in May 2012. 6 7 5. In order to approve the zoning amendment, the County must find that it is 8 consistent with the Growth Management Act. Additionally, the County must 9 find that the zoning amendment is consistent with and implements the 10 Whatcom County Comprehensive Plan. 11 12 6. The Growth Management Act includes a planning goal to "Encourage 13 economic development throughout the state that is consistent with adopted 14 comprehensive plans, promote economic opportunity for all citizens of this 15 state, especially for unemployed and for disadvantaged persons, promote the 16 retention and expansion of existing businesses and recruitment of new 17 businesses, recognize regional differences impacting economic development 18 opportunities, and encourage growth in areas experiencing insufficient 19 economic growth, all within the capacities of the state's natural resources, 20 public services, and public facilities" (RCW 36.70A.020(5)). 21 22 This proposed zoning amendment would allow for new packinghouses within 23 the agriculture zoning district. Presently, new packinghouses are prohibited 24 within the agriculture zoning district. Staff recognizes the benefit to the 25 agricultural industry this amendment would provide by allowing greater 26 opportunities for farmers to get their product to the end user. The Growth 27 Management Act allows for jurisdictions to implement innovative zoning 28 techniques, which should be designed to conserve agricultural lands and 29 encourage the agricultural economy. This proposed amendment would 30 support planning goal RCW 36.70A.020(5) Economic Development. 31 32 7. The Growth Management Act also includes a planning goal to "Maintain and 33 enhance natural resource -based industries, including productive timber, 34 agricultural, and fisheries industries. Encourage the conservation of 35 productive forest lands and productive agricultural lands, and discourage 36 incompatible uses" (RCW 36.70A.020(8)). 37 38 This proposed zoning amendment would allow for new packinghouses within 39 the agriculture zoning district. Staff recognizes the benefit to the agricultural 40 industry this amendment would provide by allowing greater opportunities for 41 farmers to get their product to the end user. This proposed amendment 42 would support planning goal RCW 36.70A.020(8) Natural Resource 43 Industries. 44 45 8. Consistent with RCW 36.70A.177, this amendment will allow packinghouses 46 within the agricultural zone that will support the agricultural community by Page 2 allowing production of value-added agricultural products and will not interfere with the overall agricultural use and character of the County's designated agricultural lands of long-term commercial significance. 9. Policy 8B-1: Promote the expansion and stability of local and regional agricultural economies This proposed zoning amendment would allow for new packinghouses within the agriculture zoning district. Presently, Keizer Meats of Lynden, which operates the only USDA approved facility north of King County Seattle that is open to the general public, has received conditional approval to operate a facility at the location of their approved meat cutting and packing facility on Bob Hall Rd. Approval of this proposed amendment would allow other citizens within the agriculture zoning district to provide slaughtering services to Whatcom County farmers and allow greater opportunities for farmers to generate value-added products and get their product to the end user. 10. Policy 8B-2: Assist Whatcom County's agricultural industry in the pursuit of its long-term economic potential. This should include the development of strategies and policies necessary to reach this potential, in terms of both production and diversity. This proposed zoning amendment would allow for new uses not presently allowed in the agriculture zoning district. Allowing this use may increase production and diversity of livestock by providing greater opportunities for livestock owners to get their product to the end user. 11. Policy 8B-4: Support methods and strategies to market Whatcom County agriculture in ways which ensure that agricultural activities (such as dairying) and entities (such as processors) will remain here in the long term. Allowing new packinghouses within the agriculture zoning district would provide for additional marketing of Whatcom County livestock, as there is presently only one permitted USDA approved facility within any Whatcom County jurisdiction . 12. County -Wide Planning Policy I-S: The county and the cities should include an economic development element in their Comprehensive Plans. Economic development elements should be consistent with the CEDS. Economic development shall be coordinated with environmental concerns to protect the quality of life. Planning efforts should address economic sustainability. As part of the comprehensive planning process and through implementation of the comprehensive plan, the County shall develop and adopt goals, policies and regulations that protect resource land industries and support and encourage resource -based industries. Page 3 Approval of this proposed amendment would allow citizens within the agriculture zoning district to provide slaughtering services to Whatcom County farmers and allow greater opportunities for farmers to get their product to the end user. By approving the proposed amendment, comprehensive plan goals and policies and their related development regulations that support and encourage resource -based industries would be implemented. 13. County -Wide Planning Policy I-9: The County and the cities recognize the need for the protection and utilization of natural resources and resource lands including agricultural, mineral, forestry and fishing. As part of a broad based economy, productive timber, agriculture and fisheries industries should be supported in a sustainable manner. Approval of this proposed amendment would allow citizens within the agriculture zoning district to provide slaughtering services to Whatcom County farmers and allow greater opportunities for farmers to get their product to the end user. Approval of this proposal would allow for an increase to the economic base for agricultural products related to livestock. 14. Packinghouses within the Agriculture zone allow for a local, sustainable, humanely raised food supply for the citizens of Whatcom County. 15. Limiting holding pens to that necessary to accommodate animals intended for immediate processing would prevent packinghouse holding pens from becoming feedlots, while allowing each facility the flexibility to adjust their business accordingly. 16. The proposed amendment has not changed substantially from the initial staff proposal that was reviewed through the State Environmental Policy Act (SEPA). The previously issued SEPA Threshold Determination of Determination of Nonsignificance (DNS) is still applicable. 17. The Rural Industrial Manufacturing (RIM) zone is the only zone presently in Whatcom County that provides a permitting pathway to allow for slaughtering facilities paekingheuses and slaughteFhouses. Applicability of land within the RIM zone to a new agricultural slaughtering facility is limited to the I-5 Rural Business RIM zone. 18. According to the 2007 USDA Census of Agriculture, Whatcom County has 95,500 cattle and calves. 19. Keizer Meats, the only USDA approved slaughtering facility in Whatcom County, is limited to slaughtering 2,000 animals per year through their Conditional Use Permit. Page 4 1 20. The percentage of livestock operations selling product directly to consumers 2 or retailers is much smaller than that of other agricultural products. 3 4 21. Limited slaughter and processing capacity is often cited as a key barrier to 5 marketing of meat and poultry locally. 6 7 22. The number of slaughter plants has decreased in recent years. 8 9 23. 87 percent of federally inspected facilities combine to process just over 1 10 percent of cattle slaughtered per year. 11 12 24. Lack of nearby slaughter facilities can create logistical impediments to animal 13 slaughter, particularly in being able to transport animals/meat to and from 14 the slaughter plant in a financially practical way. 15 16 25. Given the mismatch between smaller producers and larger plants, many 17 individual producers marketing their meat via niche marketing arrangements 18 must rely on smaller facilities, wherever they are located. Small producers 19 may prefer to use a smaller slaughter and processing facility because a 20 smaller plant is likely to be more flexible in satisfying the producer's 21 individual processing requests. 22 23 26. Sales of food sold via direct -to -consumer marketing have more than doubled 24 over the last decade (USDA/NASS,2007 Census of Agriculture). However, 25 direct -to -consumer and intermediated sales of livestock products have not 26 grown as rapidly as other food categories, despite apparent demand. Local 27 producers continue to perceive a lack of local slaughter capacity as a 28 hindrance in trying to meet growing demand. 29 30 27. Currently, the vast majority of livestock and poultry slaughter in the United 31 States is done in a relatively small number of very large facilities. 32 33 28. New methods for animal slaughter and processing geared toward local 34 markets, for example, mobile slaughter units (MSUs), can help meet some of 35 the need for increased slaughter capacity in localized areas and enable the 36 growth of small livestock producers marketing products to consumers in their 37 region or community. 38 39 29. As part of the review process for the proposed amendments, Planning and 40 Development Services has read numerous background documents including, 41 but not limited to: USDA Layout Guide for Small Meat Plants; University of 42 Wisconsin Cooperative Extension, Pollution Prevention for Small 43 Slaughterhouse and Meat Packing Operations handout; USDA Slaughter and 44 Processing Options and Issues for Locally Sourced Meat; Siskiyou Slaughter 45 Facility Preliminary Feasibility Study & Action Plan; EPA Technical 46 Development Document for the Final Effluent Limitations Guidelines and 47 Standards for the Meat and Poultry Products Point Source Category (40 CFR Page 5 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 46 432); Greenfield Advisors Economic, Market and Valuation Analysis; USDA News Release: USDA Identifies Gaps, Releases Maps Which Detail U.S. Local Meat Processing Facilities; USDA slaughter availability to small livestock and poultry producers - Maps. CONCLUSIONS 1. The proposed amendments are consistent with the Whatcom County Comprehensive Plan. 2. The subject amendment serves the public interest by supporting the local agricultural industry. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom County Zoning Code is hereby amended as shown in Exhibit A. BE IT FURTHER ORDAINED that if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional; such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this code and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. ADOPTED this day of , 20 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor Page 6 Kathy Kershner, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: MR WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive 3 Bellingham, WA 98226-9097 360-676-6907, TfY 800-833-6384 ��4yIN�'�O? 360-738-2525 Fax Memorandum TO: Whatcom County Council FROM: Joshua Fleischmann, Planner THROUGH: Mark Personius, Long Range Planning DATE: May 28, 2013 J.E. "Sam" Ryan Director Manager L SUBJECT: Packinghouses Zoning Text Amendment, RE: PLN2012-00008 Revised Exhibit A At the May 21s' Planning and Development Committee meeting, Exhibit A, as provided for that meeting, was revised with the following changes: • Criteria that 75% of the animals processed by packinghouses originate from Whatcom or Skagit County. The previous version required that 50% come from Whatcom County. • Criteria requiring an approved state waste discharge permit, industrial stormwater permit, and/or an NPDES permit, if required by the Washington State Department of Ecology. This language was added to the requirement that the facility provide and implement a waste management plan, approved by the Whatcom County Health Department. • An upper limit on the size of packinghouse facilities was set at 30,000 square feet, through the Conditional Use process. • "rhe minimum separation between packinghouses and adjacent property lines shall be 150 feet. Exhibit A, including revisions, is provided with this memo. Criteria from Exhibit B, as provided at the May 21st Planning and Development Committee meeting, which were not incorporated into Exhibit A include: • Limitation on size of holding pens to that necessary to accommodate animals intended for immediate processing. • Criteria that considers presence and proximity to similar existing uses and cumulative impacts within the Agriculture zone. • Criteria that clearly indicates the solid waste handling standards, as administered by the Whatcom County Health Department. • Allowing Packinghouses as an administrative approval use in the AG zone. Questions from Committee At the May 21" Planning and Development Committee meeting, committee members asked staff to provide answers to multiple questions that had come up through discussions with constituents. These concerns/questions include impacts to Drayton Harbor, aquifer recharge, creation of new LAMIRDS, how to determine/enforce "local" requirement • Drayton Harbor includes roughly 6,320 acres of designated Agricultural Lands. This is roughly 7% of the entire County's designated Agricultural land. It should be noted that the only area within Whatcom County where a slaughtering facility could presently locate (RIM zone) is also within the Drayton Harbor watershed. • Protection of critical aquifer recharge areas would be accomplished through the Critical Areas Ordinance. • Designation criteria for new Type III LAMIRDs (isolated new small-scale businesses) are described in Policy 2HH-3 of the Whatcom County Comprehensive Plan. This Policy is included as Exhibit B • The simplest way to determine whether an animal came from Whatcom or Skagit County would be to use the information provided to the USDA as part of their record keeping. While not perfect (as dairy cows may live in Eastern Washington for their first year before coming to Whatcom County for milk production), it would be the most efficient way to track this information. Reporting this information could be a condition on the building permit, though enforcement of this criterion would be difficult for accessory uses, whereas a conditional use or administrative approval use permit could be revoked. At the moment, information on slaughtering facilities in Skagit County has not been obtained. Other Considerations • The criteria for public notice to neighboring properties within 1,000 feet of a proposed packinghouse through the accessory use process may prove troubling. With no the legal authority, or requirement, to consider public comments through the accessory use process, some neighbors may be frustrated that, after receiving notice of a proposed facility, their input is not considered during review. Essentially, this notice let's neighbors know that a packinghouse is being built on the property a little earlier than they would find out by seeing construction equipment on site, but does not enable the zoning administrator to incorporate neighbor's concerns into the design or approval process. • The proposed language within WCC 20.80.255(4) requires the minimum separation between packinghouses and adjacent property lines be 150ft. It was my understanding the impetus for this requirement was a situation where the agricultural zone abuts another zone, such as a city. It may be worth considering that the separation be between packinghouses and non- agricultural zones. If the proposed language is kept, references to new packinghouses in WCC 20.80.255(2) should be removed, as the requirement would be duplicative. County Council — Special Committee of the Whole — June 4, 2013 EXHIBIT A Chapter 20.40 AGRICULTURE (AG) DISTRICT 20.40.100 Accessory Uses .114 Packinghouses, which shall be located, designed, and operated so as to not interfere with the overall agricultural character of the area, provided the following criteria are met: (1) The total allowable building area is no larger than 10,000 square feet. (2) The facility processes at least 50 75_percent agricultural goods produced in Whatcom or Skagit County and that originate from uses permitted in WCC 20.40.051. (3) For purposes of public notice, the applicant shall submit stamped envelopes with typed addresses for each property owner within 1,000 feet of the external boundaries of the subject property as shown by the records of the county assessor. (4) The facility will be serviced adequately by necessary facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and wastewater treatment. (5) The facility shall provide and implement a waste management plan, approved by the Whatcom County Health Department and an approved state waste discharge permit from the Washington State Department of Ecology that complies with WAC 173-216, WAC 173-226 industrial stormwater permit (general permits), and/or an NPDES Permit (RCW 90.48 and WAC 173-220), if required by the Washington State Department of Ecology_ (6) The facility will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. (7) The building shall avoid prime agricultural soils to the extent feasible. Where the site is predominantly in prime soils and avoidance is not feasible, the applicant shall demonstrate that the buildings: a. Are sized to be as small as feasible; and b. Located to maximize the agricultural use of the remaining area; and c. Achieve the most suitable locations in terms of minimizing roads, impervious surfaces, and allowing for water availability and septic suitability. (8) The packinghouse, as identified in WCC 20.97.282.1, 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 County Council — Special Committee of the Whole — June 4, 2013 nuisance, or threaten health or safety, or to unreasonably infringe upon the use of adjacent property. 20.40.150 Conditional Uses .164 Packinghouses, which shall be located, designed, and operated so as to not interfere with the overall agricultural character of the area, provided the following criteria are met: (1) The total allowable building area is larger than 10,000 square feet and no larger than 30,000 square feet. (2) The facility processes at least &@ 75 percent agricultural goods produced in Whatcom or Skagit County and that originate from permitted uses in WCC 20.40.051. (3) The facility will be serviced adequately by necessary facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and wastewater treatment. (4) The facility shall provide and implement a waste management plan approved by the Whatcom County Health Department and an approved state waste discharge permit from the Washington State Department of Ecology that complies with WAC 173-216. WAC 173-226 industrial stormwater permit (general permits), and/or an NPDES Permit (RCW 90.48 and WAC 173-220), if required by the Washington State Department of Ecology. (5) The facility will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. (6) The building shall avoid prime agricultural soils to the extent feasible. Where the site is predominantly in prime soils and avoidance is not feasible, the applicant shall demonstrate that the buildings: a. Are sized to be as small as feasible; and b. Located to maximize the agricultural use of the remaining area; and c. Achieve the most suitable locations in terms of minimizing roads, impervious surfaces, and allowing for water availability and septic suitability. (7) The packinghouse, as identified in WCC 20.97.282.1, 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. Chapter 20.69 Rural Industrial Manufacturing (RIM) 20.69.130 Administrative approval uses EMS County Council — Special Committee of the Whole — June 4, 2013 Mail M- • -- - - - - ._ cw■wi��.�����.w��+���':u•�wii.:•in�:���i .�.a ON u►:�2M.-I w►�+ - - - Chapter 20.80 Supplementary Requirements 20.80.200 Setback requirements 20.80.2SS 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, packinghouses, 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, i9aekingho , 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. (3) The minimum separation between packinghouses and schools shall be 500 feet. 4) The minimum separation between packinghouses and adjacent property lines shall be 150 feet. 20.97.282.1 Packinghouse "Packinghouse" means a plant that both slaughters animals and subsequently processes carcasses into cured, smoked, canned or other prepared meat products. Rendering and importation of animal by-products is strictly prohibited in packinghouses. Packinghouses shall not slaughter poultry. Packinghouses exclude temporary, mobile or other on -farm, owner -raised poultry slaughtering operations regulated under WAC 16-170 and/or RCW 69.07 that do not require USDA inspection. Agricultural producers who raise poultry may slaughter up to one thousand (1,000) poultry raised on their own farm annually subject to the special poultry permit requirements of WAC 16-170. Agricultural producers who process between one thousand (1,000) and twenty thousand (20,OOO) poultry a year on their farm are subject to the food processor license requirements of RCW 69.07. 20.97.310 Poultry 3 County Council — Special Committee of the Whole — June 4, 2013 "Poultry" means products derived from the slaughter and processing of broilers, other young chickens, mature chickens, hens, turkeys, capons, geese, ducks, small game fowl such as quail or pheasants, and small game such as rabbits. 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. 20.97.343.1 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. 20.97.423.1 Slaughterhouse "Slaughterhouse" means a facility that slaughters animals and has as its main product fresh meat as whole, half o.r quarter carcasses or small meat cuts. 20.97.424 Slaughtering "Slaughtering" means the killing and processing of animals for human consumption. 851 County Council — Special Committee of the Whole — June 4, 2013 EXHIBIT B Policy 2HH-3: Rural Business (Type III LAMIRD) designation criteria A. Location Criteria. Rural Business may be designated on land that: 1. Is not currently designated by the Comprehensive Plan as Urban Growth Areas (UGAs) or Resource Lands, and 2. Consists of a lot or small group of lots that either: a. Contain nonresidential uses and is located within a commercial, manufacturing, or industrial zoning district at the time of original county -initiated designation, or b. Allow for new development of isolated cottage industries and isolated small scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. B. Additional Criteria 1. A Rural Business designation on a lot or small group of lots containing nonresidential uses shall be separated from other LAMIRD designations, regardless of type, by no less than one-half mile by public road, except where the other LAMIRD is separated by a major physical feature such as a water body, freeway, major road, or other physical feature. 2. In the event that the listed criteria result in the need to choose one proposed designation over another, preference is given to a proposed use that: a. Provides the greatest number of job opportunities for rural residents. b. Is located at a controlled public road intersection. 852 County Council — Special Committee of the Whole — June 4, 2013 EXHIBIT C 853 Joshua Fleischmann To: Jeff Hegedus Subject: RE: Packinghouse waste language From: Jeff Hegedus Sent: Thursday, May 23, 2013 2:45 PM To: Joshua Fleischmann Cc: Mark Personius; John Wolpers Subject: RE: Packinghouse waste language Thank you Josh. As we have discussed, and as I have presented to committee, the Health Department has no legal jurisdictional authority or context to approve or disapprove a 'waste management plan' as referenced in the proposed ordinance. The Health Department will not approve or disapprove any such 'plan' that may be submitted, and again recommends that this requirement be deleted from the draft ordinance (State Waste Discharge Permit applications already require information regarding solid waste management from operations(WAC 173-216-110(c)). As we also discussed, and presented in committee, the Health Department WILL diligently enforce the requirements of WAC 173- 350, Solid Waste Handling Standards, as adopted by reference in WCC 24.06, Solid Waste Rules. The Health Department will also provide technical assistance to applicants and facility operators, and respond to complaints filed regarding activities at these facilities. Please feel free to call if there are any questions. Thank you. From: Joshua Fleischmann Sent: Thursday, May 23, 2013 11:09 AM To: Jeff Hegedus Cc: Mark Personius Subject: Packinghouse waste language Hello Jeff, Following your presence at the Planning and Development Committee meeting on April 91h, you and I collaborated on language regarding waste handling. The language that we developed was: • The facility shall comply with solid waste handling standards as set forth in WAC 173-350, as administered by the Whatcom County Health Department as adopted by reference in WCC 24.06. At the Planning and Development Committee meeting on May 215t, the language that the committee forwarded to the County Council for introduction was: • The facility shall provide and implement a waste management plan, approved by the Whatcom County Health Department and an approved state waste discharge permit from the Washington State Department of Ecology that complies with WAC 173-216, WAC 173-226 industrial stormwater permit (general permits), and/or an NPDES Permit (RCW 90.48 and WAC 173-220), if required by the Washington State Department of Ecology. The attached Exhibit A will be discussed at the County Council Special Committee of the Whole on the morning of June 4th. From there, the Exhibit A (including any changes made at committee) will be sent for introduction that evening. If you have any comments you would like to provide, please do. I will be providing the packet to Dana Brown -Davis on Tuesday, so if you would like to provide comment, that would allow the most time for the Council to consider it. If you cannot provide comment by Tuesday, I can still relay any comments you provide at the Special Committee of the Whole meeting. Thank You, Josh EMU County Council — Special Committee of the Whole — June 4, 2013 EXHIBIT D 855 5/28/2013 Packinghouses Review Nanning and Deve9oprnent Custom vs USDA Custom (Washington State Department of Agriculture) — Not for re -sale — 2 in Whatcom County (Columbia Valley Meats and Lynden Meats) • USDA — Re -sale allowed — Each animal inspected — 1 in Whatcom County (Keizer Meats) 1 5/28/2013 Regional Demand 2007 USDA Census of Agriculture • 1,088,846 cattle statewide • 308,957 Western Washington — 202,893 North Puget Sound (King, Snohomish, Skagit, Whatcom, San Juan, Island) — 95,500 Whatcom County (-31% of W. Wash.) Regional Supply • 14 USDA facilities statewide — 7 Eastern Washington — 7 Western Washington • 5 service independent producers — 2 cooperatives — 3 Public » 1 Halal; limited excess capacity » Pork only » Keizer Meats; limited excess capacity • 4 located in N. Puget Sound (King, Snohomish, Skagit, Whatcom, San Juan, Island) — 1 not open to independent producers — 1 cooperative — 1 Halal; limited excess capacity — Keizer Meats; limited excess capacity 857 N 5/28/2013 Whatcom County Demand/Supply • Demand: — 95,500 cattle/calves, 304 hogs/pigs, 547 Iamb/sheep, 1209 goats, 430 misc. (2007, USDA) ——115-120k cattle by other estimates ——25-30k slaughtered/year • Supply: — USDA Certified: Keizer Meats (permitted for 2,000 animals/year, though capacity limits to less) — Custom: Lynden Meats, Columbia Valley Meats (2012 slaughtered 889 cattle/calves, 325 hogs/pigs, 117 Iambs • Roughly 90% of animals leave the county for slaughter Figure 6 Counties with no small cattle slaughter facilities and 143 or more small cattle farms' g. 0 ea Cattle ® �O 1 f713 ®p G ®�' Small farms _ n 143 - 235 236 - 356 Small slaughter establishments. 359 - 525 ® Federal - 556 rn 528 - 773 ❑ State - 656 ® - 780 - 1.268 '143 is the median number of U.S. cattle farms per U.S. county, Small slaughter establishments are defined as having less than 500 employees. Small livestock/poultry farms are defined as having $250,000 or less in annual income from livestock sales. Note; Alaska and Hawaii are not shown as they have no counties with 143 or more small cattle farms and no small cattle slaughter facililios. Source; USDA, Food Safely and Inspection Service (FSIS). Farm size is based on the 2007 Census of Agriculture, conducted by USDA, National Agricultural Statistics Service. Slaughter eslablishment data are for 2010 from USDA/FSIS. 3 5/28/2013 Cumulative Impacts • According to one operator of a USDA approved facility in W. Washington, very real possibility of multiple facilities locating here Accessory Use and Administrative Use • No difference regarding water availability, waste, wastewater, fire flow, landscaping, parking, etc. • Administrative approval allows comprehensive site review earlier in the process (ex: location of generators/holding pens) • Administrative approval criteria in county code WCC 20.84.235 and 20.84.220 • 4 5/28/2013 Administrative Approval approvals Since the year 2000, 393 administrative approval applications have been approved, while only 12 have been denied (97% approval decisions) 5 WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. AB2013-237 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 611812013 Introduction Paula J. Cooper !J 9� \ J l Division Head: Chi-isBr 712312013 Hearing Dept. Head: Frank Abart @ UI � y 12 4 d G 201 ifi Prosecutor: DanGibson -0kl� 1. / g p� 1��e1HATCO9Fr� COUNTY COUNCIL. Purchasing/Budget: Executive: Jack Lows TITLE OF DOCUMENT. - An Ordinance Finalizing Revised System Of Assessment For Drainage Improvement District No. 6. ATTACHMENTS. Proposed System of Assessment for Drainage Improvement District No. 6. SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes (X) NO Requested Date: 712312013 SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance would adopt a revised system of assessment to provide revenue for Drainage Improvement District No. 6. 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 A CTION. CO UNCIL A CTION. 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.whatcoin.wa.us/council. WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR MEMORANDUM TO: The Whatcom County Executive and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director b/ia/Poo FROM: Paula J. Cooper, River and Flood Manager�v Chris Brueske, Assistant Director RIVER AND FLOOD 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 Phone: (360) 676-6876, (360) 398-1310 W W W.W hatcomcounty.us RE: Drainage Improvement District No. 6 Assessment Revision DATE: June 11, 2013 Enclosed is an Ordinance titled Finalizing A Revised System Of Assessment For Drainage Improvement District No. 6 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 Drainage Improvement District No. 6. ■ Background and Purpose This ordinance would adopt a revised system of assessment to provide revenue for Drainage Improvement District No. 6. 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\106 - Technical Assistance\Special Districts\Drainage\DID #6 - Aldrich, W.Pole, Old Guide area\Admin\2013 DID#6 Re- assessment Documents\Memo Exec. -Co. Council - DID6 Assess. Revision.docx 862 PROPOSED BY: PUBLIC WORKS SPONSORED BY: PUBLIC WORKS INTRODUCTION DATE: June18, 2013 ORDINANCE NO. FINALIZING A REVISED SYSTEM OF ASSESSMENT FOR DRAINAGE IMPROVEMENT DISTRICT NO. 6 WHEREAS, the governing body of Drainage Improvement District No. 6, 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 Drainage Improvement District No. 6 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 July 23, 2013; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the system of assessment for Drainage Improvement District No. 6, 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 23rd day of July, 2013. ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Chief Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ).Denied Date Signed: L' \ 4! f ^k' f PUBLIC HEARING NOTICE Whatcom County Council will have a public hearing on the following at its July 23, 2013 meeting, or at a later date: ORDINANCE AUTHORIZING A REVISED SYSTEM OF ASSESSMENT FOR DRAINAGE IMPROVEMENT DISTRICT NO. 6 (AB2013-???): This ordinance would adopt a revised system of assessment to provide revenue for the Drainage Improvement District No. 6. The proposed revised system of assessment is similar to the current system and each parcel assessment is based on a combination of the relative ratio of benefit or use and acreage within the District. Each property owner would pay a proportionate share, based on the subsequent 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. Public documents are available for review in the Council Office, 311 Grand Avenue, Bellingham. Meetings are in the Council Chambers, same address, unless otherwise announced. One copy of any ordinance or resolution will be mailed, free of charge, to any person requesting one. People with special needs or disabilities who will be attending this meeting are asked to please contact our office (676-6690, 384-6637, 800-676-6757 or TDD 738-4555) at least 96 hours in advance, so that we may make any needed accommodations. If interpretive services or transportation is needed, please call more than two days ahead of time. Dated Date ??, 2013 ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Kathy Kershner, Council Chair Publish June 29, 2013 and July 6, 2013 I:\FLOOD\106 - Technical Assistance\Special Districts\Drainage\DID #6 - Aldrich, W.Pole, Old Guide area\Admin\2013 DID#6 Re -assessment Documents\PUBLIC HEARING NOTICE DID6 (Draft).doCX 864 W W W W w N N N N N N N N N N A W N H O w . V . W A W N H O tD W V O U A W N N O . W V � U A r r r r r r r r r r r r r r r r r r r r r r r r r r r r O O O O O O O O O O O W W V NU O O O O O LD kom LnW O W In A W m O W J m n W N lD W m OmN J m W N lD A W L r W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r o 0 r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r N N A A A A A W W W W W W W W W W W W W W W W W W W N N N N N N N N N r O O O O O A N N N N N O l0 W V m m N A W W W N N r O O O O O O W W W J In N O O O r W W In W N r N r A A O N O W O A A W N r O r N A N A W W W r N N A A N W W A N O W W W W W O � W N l0 N O l0 O V O N J 1-W J J r m r m W In O W r r l0 W r W J W In W J O m O A A O N A J In l0 N 0 l0 W O W l0 I--W W W O In O O O W l0 V 0 l0 l0 In r V In In A A 0 m O W In 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0) O 77 D W D n p x m 6'M r m n, a 1�=D 3 g wma p OpC L O W D W D> p W p D Z x O Z b D -a a Z xZZp m p F)mZa Z Z pm in9. Q° xp a Z go m cn m a D � b m m Q° Ll �- D m° Qo Ox Ln m p o u0 p m p s90 p° _ o = Q° a � � � p � G � � � � _ 720 r 7Nc go z m D fl Z 2 z r 07i D pp m p m O Imo " p ��, D ,,, z < D m a < Z x D Z A D 2 b Z D D w 2 in Qo R° r7cc O Z r< N A z O m 2 Z{ x D Z 7 v z LZ D D m Z o Z m Z S 7Do A 7c vmi D Z '�' 7o O Z m r Z fl T m r Z m m Imo < O -m-I m Z Z D r D Z r Z r D in z O A D N m m m m p m m v n' m N A s m fl to m 0 f0 r < r fr1 m< D C m D D w- O -<m n C 0 m< w D r C� r Z r in Z r p O p D> pm p D m z r p 90 K X m Z go- v 0 x m y m n m X m 7Dc 0 Z D to 3 - - � 90 v `< rnC 2 x 1 r v p Z 0 p w D m (1 tmii m m C m p x m 3 p G) m m fl D m 70 < m n W m W p 7C (n N (n (n m m m m m m m m m In m m m m m m m m m m m m m m V J m m l0 W W W W m m-0 m LD W l0 W lD O O r W W A V m l0 m V In W J lO J V In 00 00 l0 l0 l0 r N LD J 00 r r N r J V O 00 m r O m W W In W N m In W A 0) O V m r m r m N lD In LO W W W V V W r W In J J J O In N O A A A W m O In W O W O n D D n f1 D D D n n n O D 7< � 7C r 7C '0 7C 'o v � 2 r 7� r 2 � 2 � � r r r 2 2 � � 2 � � r r O � � O O 0 0 0 0 c 0 O A A A O O O O A m c c 0 0 77 C A --IA x A 2 2 w2 2 2 A A 70 70 = 2 77 m 70 m p p Ln A v v v v p v A v v v A A A A A v v A v v o A p A p A Z z 5> A A m m A m A v p p p p A p p p A A 7c p v v v p v p p p A p p M m m m < Z Z m m m m m m m m m m m m m m m m m m m m m m m m m < m < m m m m m m D m z z z z r r r z r A A r r r r r A r W r r r r r A r W W r m r A r A A A C Z Z C p C Z C Z Z Z C r r r r Z r Z Z r r r r r Z z Z C Z Z p C v Z Z C Z C Z Z Z Z Z a a Z m Z a Z a a a Z Z Z Z Z p Z a a Z Z Z Z Z a a Z a a Z Ln a Z a Z a a w p G1 > > Gl Z Gl > Gl D > D• Gl Gl Gl Gl Gl D Gl D > Gl Gl Gl Gl Gl D D Gl > D Z Z > (.� D (.l > D D 2 2 2 x 2 2 2 S 2 2 2 2 2 2 2 2 2 2 2 p a m m a a m D m m m a D D D a m a m m D D D D D m m a m m D m D m D m m m N D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D lO W W W W W ID W lD lD lD lO lO l0 lD lD lD lD LD lD lD LD LD LD LD W W W W W LD W lD l0 lD lD lD lD lD lD lD W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W •W W W W W W N A A N m N A N A A A N N N N N A N A A N N N N N A A N A A m N A A N A N A A r A T 00 00 Ol A m W m 00 00 00 T T T T m 00 m 00 00 m T T T T 00 00 T W W AT V 00 T 00 T 00 00 O 00 lD LD W LD W W lD W lD W W V tO l0 W J lD J LD lD w lD w -I V w w -I 00 00 w w w lD J W J 00 00 In tD m A A m (31 m A m A A A W 0) m 0) W A W A A m m m W W A A W W W m m m A W A W W W r A J W m V W V W J W W W l0 O V O l0 W (D W W O O O LD lD r W w O O W O W r m r m O O In W In IJ r In r A m A m m m l0 N In N l0 m l0 m m r r W to w W m w l0 w r r W W A W A N N W W L,ncy)oo O A u'In W A J mW O A W O O N O In J O r O 10 O W A W W m O O O l0 O A O W J W O A W J 0 W O O m O O In m O l0 N O r O l0 W r (n J O W W O l0 O O O In W J In O N O N r m A O O O O O O O O O O O O O O O O O O O O 1-+ O O O O O O O O O O O O O O O O O O O O V N J J W In LD In W J O J m W J V In V m W O J m V W m m l0 J W W J l0 LD LD LD W J J O r A OJ NOm m Lnwmo mAA J A O W O N W m 00 A O O W 10 O A In kD W CD cn m W O m 0 l0 O O O l0 N N W O A O W O to W A O N N O W O W W A m r O O N N O r O N J , <D A A A m W lD J cn W V In r In l0 W J V O V W V r W W V O V l0 W m l0 O W O A A In In -,I In In LO W W N W O m A V O N In m N A In A Ln r l0 r V m W O W N W In W W O J LO A A J A In In W A W O l0 m l0 r O O O O A O W W O W r In In N In In O In J N r W m W O W r � A N r a O W m V W L0 O In NO J O W O O l0 O In r l0 V W J A O In A A m O m A W m O r m v o, as m F, W lA lA lA W lA lA In lA V7� lA VA lA A r to 1A lA lA t/' lA lA lA lA lA lA lA lA lA lA A r W r lA lA lA lA lA O N W A r O O A O W A m r W A W r A r A In J p r r r A W r r r J O J W m m m tD In A r In J lD O m J m W W W W r O r W r W r m V O W In r W r W A In N m W A l0 m V V LD N r J J V A N J In A V r N J m r A W m r W r 0 41 l0 LD V m A 00 J In In W N 41 00 J N r r LD N O W V O O T A O D m v � S 1 0 D D to n m A m tA H N O of m > Z m m 1 v M O a � z ° D rn m v m N 3 rn � m M 3 O O rn -n m (A Z -i N Z (A 09 m O� Z T � Or Oo Oo o J J J J W J JO T p� T wA A N A A A N 1p J T A N �U OJ J T VI A W N FO N OJ J a• Ut A W N FO J A W N O l0 l0 l0 l0 l0 LO lD lD lD lD lD l0 lD lD lD lD lD lb lD lD LD LD lD lD lD LD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r z p N N N N N N N N N N r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r O 0 01 N N N r r r r O O O lD lD l0 l0 00 00 00 W W W V V V V V V V V O1 O1 O1 O1 O1 O1 In In In In In In A N r O A W r O O1 lf1 W Ol W N O l0 0o V In W r� V Ol lf1 A W r O Ol lf1 W N r O lD Ol lf1 W N r l0 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 5 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O b O O O b O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r m DJ N N N N N N N N N N N N N N N N N N N N N N N N N N N N N r r r r r r r r r r r r D 00O O O AAAO O O O O O O O O O O O W 0�� L0 Fa Fa O O O O O O O l0 00 FFFW W W W W W 0 LL 0 In A M W N r O O O W W W W O W LO V V In A N O Cr) 00 00 00 In In O O V 01 In N O Cr) 0- W N In N � N O D. W W A A W N r N O O D. W W O O N 1-1 N Fa D. A A W W O O r N O D- A N r O b r N D Vt W N lD 00 r In N A 00 00 W LO N Cr) Cr) O N LD D- A r 00 O1 LO V A O1 O O1 V M W V A w N m N w N O m y W W V r N W 00 W W N N P. W N In O M A In lD N N M r r W In O M O In N O In 00 l0 m In In W O1 = O O O O O O O O O O O O O O O O O b C) C)O C:)O O O O O O O O O O O O b O O O O O C)n O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O b O O O O C) C)Pf O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O b O O O O C) C)N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O b O O O O O O CD n. D" D D n n D D D m ,;, D `D `D D -I m D= Dn Ll Ll m T'n Ll -i m Gl n W q cn 2 2 D D T O> O Z > x m m m D m m m 00 D D m m m m D m D A 0--= v_ K K Z T C Z n x� 0 � n v Z r v r 2 D x r C cmi� Z cmi� cmi� cn cn cmi� cmi� m D m Ll D D D Z 3< Z Z Z Z D m D D D Z p n Z m < y<< QD QD <<- I-< F v, D m n N D W z� m v, RD D m D �c 3 A v— Ra w w w w w cn Z r0 p g 3 D 0 0 0 0 n n m 2° �O QD ` RD m 2 0 3 0 0 0 0 RD �c w= D N Q° Z D D D Q° N RD Z D QD D 0 p z n p 01 z W-i z z n n ;Omz z (l D S O m Z ZA K O c 2 G)M m w 2 Imo Z O Z Dr A 7c Z cn A Dr x z in m to to D D 0 to 2 Z W C �—� � D D z p Or D D g Z n m m D D M r m m rn 00 C n n m 70 F �+ m z m '"� O r !-< r D Ro >o O O Z=< O m "'I < -i �D D D D D D r D 0 0 OO q << r o r r to m Z O r W p m p p S D D m C IN Z � r 0 m Z Z Z m D N m Z D m z m z D 0 — Ll D to m S I � CC Z Z Z m 7c m Z m � C q C p 70 70 D 2 Z C IN C �< 2 2 2 < n W C 0 p < z TO = Z 20 ftD RD m 0 r D z N ON 'S D Z v Z m T O O O � C m < V o D Ji Z Z T D O m < < < m v' \ RD S p z 22 D :02 x 2 '< z < D < D 70 D -i Z O � m G) N -m< << O O m O z r Ro 20 Ro v z D D m m m a O_ O z z z m m E- Z D D D Z z c i x x x m mm � � � ro O O z z <<< ao ou cu DOx m N N DW W CL o ;e 01 A 01 01 01 p. A M 01 01 01 M A 00 M 01 01 01 01 M M 01 A In In In 01 r 01 01 01 01 01 N In 01 A In 01 In 01 V r W V V O O V V O1 01 In In 01 0 V In V1 01 M M O1 W In In In V O In In 01 01 In W A O1 O W In In M lD P. O LO LO r r 10 10 P. V 01 A O to N 1D V N V A N O O O LO to 10 to In to to r O oo O 01 In N kD LO O l0 l0 l0 l0 01 O In O CO O In V W W r lD 01 01 01 V N O In In O In 00 O 111 lD o 0 0 0 O O C C C o c c c c c c o 0 0 Ln z z z z z z< z z D O O Z m m m m Ll O m Z Z m Z O Z A Om m m m m m m Z Z Z O -mi r r r r r 70 r N r r O C< D D D D D D C D 70 70 >J z 70 70 C r D z Z Z Z Z g Z C Z C Z O m -i M m m m m D D D -i D D D D D D D -1 D D D Z< (D z z g z 70 n n n D n n n n n n m O D D O g q m m m D m m m m m m p m to D v A m N D m 3 m v 0 n c r W D r r r r r r W W W W r W r W W W W W W W D D D r W W W W W W T r W W W W W W < m z<<<<<< m m m m< m< m m m m m m m n n n< m m m m m m m< m m m m m m Z r Z Z Z Z Z Z r r r r Z r Z r r r r r r r Z r r r r r r m Z r r r r r r C= D D D D D D r E: E: E: q r g r r r r- r r r m m m D r E: r r r r Z q E: E: r r r r �+ m Z m m m m m m Z Z Z Z m Z m Z Z Z Z Z Z Z m Z Z Z Z Z Z D m Z Z Z Z Z Z �O Z m Z Z Z Z Z Z m m m m Z m Z m m m m m m m Z m m m m m m D Z m m m m m m v 2 D 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 m 2 2 2 x 2 2 m D G) D D D D D D D D D D D D D D D D D D D D D D D D _T 7 DJ M f2 :E D Sc H O D D D D D D D D D D D D D D D D D D D O D D O D D D D D D D D D D D D D D D D D 0 lD lD lD l0 l0 l0 lD l0 lD lD lD lD lD lD lD lD lD lD lD W lO LO LO lD lD lD lD lD lD l0 lD l0 l0 lD lD lD lD lD l0 W LO ON 0o 00 LO 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 Oo 00 00 Oo 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 Oo 00 (D N N In N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N CL 01 N O 01 01 01 01 01 01 N N N N O1 N m N N N N N N N N N N m N N N N N N 0. 01 N N N N N N n O A Ol V A A A A A A Ol Ol Ol Ol A V A 01 Ol 01 T 91 01 TO O O A A TOl Ol T T T T Oo T T T T T O N _ W W V W W W W W W W W W W W r W V V W l0 LO WV V V V V V W lD W W LO LO LO LO 01 LO 14 l0 V q Oao N 0 N p1 00 00 01 01 00 00 O O N 00 In A 0 0 0 0 0 0 a) 0) 01 01 01 0 W W W W W A O W O m W m W m n N r r r A O 00 00 V V 00 N N V A N DJ N V 0 In V lD lJ1 lJ1 O O lJ1 In l0 lD V V O A W W W lD l0 lD 1p V A A A W 00 lJ1 lJ1 l0 l0 lJ1 r A l0 In V V1 V lO C z D r In N lD V1 V1 r 00 lf1 In lf1 In 00 A W In 111 N A ll1 l!1 lfl l!1 A 1+ r 1+ In A A r In In l0 W A In In W l71 �-' lD n A Q1 O O O+ m 00000 NLAM O O O O W N O A 0O In O O N A 0 0 0 0 W 00V O W r O O O W W W O O N W w r m O N O y W X O In N O O N In O O 00 X O In O O In O O W W00 00 01 OO OO IVn 4 l0 OO N10 M V W 0 01 AV OO OO V 0r0 AV W I0n1 OV INn llDD " OV AV Z m T O W O O O O W O O w W In lD In O O O b 0 QN 0 O M O O W r N W V W to O A A mT -i In r N In In O A In In A In 01 A 0o In In r A In A A W A O O r In A W O W A 01 lO r A W N A O V W . O N W O O N O O VO O O O 00W OO 0V D A In N ID W 0D D O O In w N O W O O O M O O N O D D W V W O W W r O LD LD r 0O O W J M In O JI LN O O w W O O M r W V In O O O W O O O ONo V A W W O O N W W A O In N A LD 01 W O D O N m O m 3 -1 �Q�pa P N to to to to to to to to to to to to to r t/' t/' t/' t/' +n +/} to to to to to to to t/' t/' t/' t/' t/' t/' r t/' t/' t/' t/' +/f +A r m tl m V r W V V O V V V Ol V lD 01 N V V N 01 V 01 V In p1 r r r V V A r In V lD A r V A W Q1 O r Z LG7 RI M A W In W W W N A W Ol A W O A W W W N W J N A W In O W W In In A W V 01 r W V V V V 0 V V r M In W V V 0 r V W W O W V W W V 01 W 0 V V W W V P. V -Pb 0 A 01 m v � O D_ v Z O C) v M m � m 0 3 O m OT 9 D m to Z H m Z CA 09 m m Z -i T N ~ � O w N N O tp W V at N A N N W r O 1p W V O 0N O A w N I O t0 . W v � to A w N W F+ O 1p 00 V Ol W p0 A W O Oj tO t0 t0 t0 t0 t0 t0 tD t0 t0 t0 t0 t0 tD tD t0 t0 tD t0 t0 t0 t0 t0 t0 t0 V V t0 t0 t0 t0 t0 40 t0 t0 t0 t0 t0 t0 t0 tD M r r r r r r r r p Ol N N t0 t0 N l0 N N 00 N 00 N 00 N 00 N N 00 00 N N J J N J N N J J N N J O1 N 01 N Ol N Ol N Ol N Ol N to N to N J to N J r N A N A N W N W N W N N W W N N W N N N N N N N N N N N 0 O Ol to A" N 00 J Ol A W r 00 J W N r O Co 00 A W N r l0 Ol to r tD to W 0o V Ol A W r lD W J Ol A W fD r+ W W l0 l0 W l0 W l0 W W l0 W l0 W l0 W W l0 l0 W W l0 l0 W l0 W W l0 W W l0 l0 W l0 W l0 W l0 W l0 W l0 W l0 W l0 W W l0 l0 W l0 W l0 W l0 W l0 W l0 W l0 W W l0 W W l0 l0 W W l0 l0 W l0 W W l0LO D. D. O O N N O N O N 0 N O N O N O N O O N N O O N N. O O 0 N N O O N N O N O N. O O N O N O N O N O O N N O N O N O N O N O N O N O NJ 0 N N O O N N O O N N O N O 0 N N n' r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r m 91 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N m D N N W W N W N W N W N W N W N W N N W W N N N N N r N. r r N N r O N O r t0 r lD r lD r lD r lD r 00 r r 0o Ol r Ol r Ol r Ol r to r to r to r r to to r r to A r r W W r N r r N N Gi � 00 V J J N N N N N O N N J W N O Ol Ol W W W W W to N 0o 00 00 W A A A W O O 00 00 O A A W W N In A W N r 0 A A N O A In A A In In A A A O A W O O In A A O A A N r O r O A D m In In J O r 00 r r 00 W O W A V O A r r O 00 V O. A 00 W Oo O r 00 O 00 J N Ol W W Ol W N 00 A m v A 00 l0 O W N w W W A J J W O r W J A J O J LI)0 A O O r 0 O 00 r 0 O In r 0 W In O O O 00 =� 0 0 0 0 0 0 0 0 0 0 0 0 g 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n rD O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 'o rD 91 rn D Ll m` A n w m A Ll Ll rn Ox Ll 2 A Ll 2 _I p 0 z_ Cl D O D D 2 O T D m Z Or � v w A m w �5 D �^ 2 m<< .Dv O Oro m Z Gl M x CA-1 m z m m-q�< .Dv < r" .Dv < m m m O 0o O O m f� D o N m x x < m D w m mmC p A A C m x o T o o x- m m n- to to to m .^. m < w 90 Qo R0 D D CrC D C 0 O v < m DO R° R° < Q° < < w w D Z Q° Z to D Q° < w < < w w W j v O w w W 20 '� r� n Q° Q° O N x v m m— M W O C O O w m m > � D m 0 0 0 D r^ D D Z tDii 0 to m r C w OX w < x z< m m Z< -D-I E< b C y Z D m Z Z Z Z Z <= < Z Z Z w O w w ¢� rn rn to D r to m m w S )D r F � w O Z En n to to N _ Z X to to to m m m m S r0°p x D D Z y m D m N m p Z n m Imo w z D y D D V O r Z r D D D m to vi 0 T O O 90� D y N O 0 0 0 A x = 0 0 0 m m rn O D m s p m En N D O v c r >< p z O c Z z O x >o c m m w c v D z z 7o D c w w c c r z r r N x Z Z Z Z z m z m x Z Z n Q° D 2 N Lo N v v, x 0 A A A Z A fr n D OT < Z c O m D C� < m rn m Z O Z 2 N O C: C D a m zz < D c < a N m Z of � o� w � D a Ol Ol O1 W W r r r Ol Ol W W W W W W W W m W W W m W m Ol r W W W W W D1 Cil Ol A A A A N �' Ol W J W A J O O to to W W W A A W A A tO M M M J M J J O J W O M J W J J J r O r r W W J Ln ui t0 tD to r O m N LnO N tD O1 A N O <i w to tD m W to W to tD tD m t0 tD N w A O J V A t0 t0 tO A N A A t0 O O O O T 7C 7C O O x O O 0 7c X O O O ( r r r O1 v v m m r r 01 O1 0� 7C v v O1 O1 D v v v r 7C r r m 7C 7C v v 7C r r r 7C 7C 7C 7C D O O O Z O O O O O 0 Gl Gl Gl = Z < < Ll Ll 2 2 2 Ll = = Ll L < Gl Gl LZl Gl G1 Gl Gl Gl Gl G1 O M w to r r M C v w r rn v w w w m v O O rn O O O O O Z Z m C O O Z Z D O O O v C O v O C C O O C O O v C C C p C D O m m m v m m ;o x Z m m m m m m rDw m w D w w D w w w m m w m w m w m w m w w w A O O O n w O O n O O O O O O O O O O O O O O v v m m J m 3k m rD 0 r rD m v 0 r, c <<<<<< m m <rG F< -rG m <<<<<<<<< w w w w n r < r < w r < r r < < w W w W w rD z z z z z z r r Z Z Z Z z r Z Z Z Z Z z Z z z z z C W z Z m r Z Z Z m m r r m r m m r r 7 O O O O O O C C O O O O 0 C O o O v O O O O O C O O r r r O O r O O v r r r r r m m m m m m z z m m m m m z m m m m m m m m m Z m m Z Z Z m m m Z m m m Z Z Z Z Z O Z Z Z Z Z Z Ll Ll Z z Z Z Z Z Z z Z Z Z z Z Z Z Z(� (,� Ll w z z Ll z z z O x D 2 D 2 D 2 D x D x D 2 D x D x 2 D D 2 D x x D D T 7 O) D D D D D D D D D D D D D D D D D D D D D D D D D D o D D D D D D D D D A D D D D D tD tD w 00 tD w tD 00 W w tD 00 tD w tD 00 tD W w 00 W W 00 00 lD w lD tD 00 w tD tD w w W 00 W w W w tD 00 tD 00 tD 00 W w tD tD 00 00 tD w W w tD 00 W 00 tD 00 W 00 W W 00 00 tD tD 00 00 tD tD 00 00 W 00 tD W 00 00 (D a N N O1 O1 N O1 N O1 N O1 N O1 N N N N N N m m N N m m N m N N N 01 N N 01 01 N 01 N 01 N Ol N 01 N 01 N cn N N N N m m N N N N N N N A N 01 N M N N N M N N M M N N N N N N N N N N A A A A A A A T T A .P A A A T A A A A A A A A A O1 A A Ol Cn Cn O A A O1 A A A T T T T T O N O l0 t0 t0 to t0 t0 lD lD w t0 t0 tD w w w tD w w LO w tD to l0 to to l0 t0 t0 O W W W W W lD W lD lD W J a M — m m m O m N J J m m O O O m m m O O O m m m m m m m J m Cn (n Cn m m m m m m m m m to m n O w to m r w to O W W J m r W r W r W W O O N N C) m O W In w N J w N J m N m In w W N w J w J W to In N W w to to W r In N N J w N w J w J N w J to w w to to N N J J N J N A J J C z n D r rPrr rr rN r rrrrrr O ^3n t„ m C) O A J J 0 0 0 J J to A N O o o O tO O tO J O O O O O O O O O O In J O to O to N�FN O O w O N A A O O O O O m N i, N W n p N A F, O A r m w r m r w tD HO o m O N O m W O O I--, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I, O O O O O N D X to N O m N No O In In N -I w In N" N m N N. N N to A lD t0 In to N N N In N A O �I In V m N O Z < is O to O O O O W J In C) to CD O O O O O O O w N w A In w O to O O to to O O r A In O In O In O to O to O O O r A m A tO tO O O N N to 0 to 0 to 0 O to 0 0 N C) W O J C) tD O Ln O p0 In O O Z m T m 1 N O A W O O A A N N O O A N O O O O O O O O O N N In � O In O O O r O N In W r r W O w Ln W J N N N J J N J N J N J N J N N. N N N O N In N J W W O N O" r 00 A W O In J rLn In to pp O 0 14 W A w w pNp O N V N w 0 0 0 0 0 In 00 0) O t0 0 0 0 0 0 r 0 In In O O H O O O to to In 0 0 0 0 m W O O to N N W 0 0 0 0 0 0 0 tO N O J O O O O O W O tO O w O J D v m H 0 A UQ m an D � W VF 1A W O VF J 1A A {/: O 1A O VF V VF J i/. 1R W W Vi VF O VF J VF iA W O iA VF r O iA I--' VF O VF O VF VF VF O 1A W VF VF W V N lD VF O VF V VF r 1A O 1A O VF VF r O VF VF N J N VF O r i/T N l/} l/' Un O ry� r m Tg� T O M to O J W W O O W t0 I--� A O N W W r t O W W pp W W W W O J J J J O A A A W t0 A W M J O A Y��V ,Z.� o m J to N A A J J to to W w N J 1-m J 0 m J J J J J J m N w A t0 W m m J Ili J 0 N to J N m m 70 0 D � Z 0 Ln D m r.) v M L' m� m 0 O 0 m m m Ln Z m Ln Z Ln 09 m m Z T O A Ol W Ol N O� f+ O� O In tp W Oo V W � In In A W W W N W t+ W O tAp W V OAi lAn A W N N O W tp Oo V W O� W W A W W W W N f+ N O tp Oo V N N O� W A O p W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W N O N F� J O Ol l0 00 Ol J Ol Ol Ol In Ol A W 0 In 00 In In In A In W In In A l0 A 00 A J A Ol A In A A A W A A W l0 W Ol W N 00 -0- ui I-- 0 0 0 l0 00 0 Ol O In O O W l0 Y m S W 0 O W 0 O W 0 O W 0 O W 0 O W 0 O W 0 O W 0 O W 0 O W 0 O W 0 O W 0 O W 0 O W 0 O W 0 O W W 0 0 O O W 0 O W 0 O W 0 O W 0 O W 0 O W 0 O W 0 O W 0 O W W 0 0 O O W 0 O W 0 O W 0 O W 0 O W 0 O W W 0 0 O O W W 0 0 O O W 0 O W 0 O W W 0 0 O O W 0 O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 1-1r r 1-1r r 1-1r r r r 1-1 1-1r 1-1 1-1r r 1- 1-r r 1- 1- 1- 1- 1-1 1-1 1-1 1-1 1-1 1-1 1-1 1-1 1-1r 1-1 1-1 1-1 1-1m m D1 N N N N N N N N N N N N N N N N N N N N N N N N N W N N N N N N N N N N N N N N N N 0 D W W W W W W W W W W W W W W W W W N W N W N W N W W W W W W W W W W W W W W W W O N 0 N In N N N In In N N In In N In N V N N A A N W A A W W W W l0 0 W W W -,J -,J J M M M 0) 0) 0) 0) Ln Ln Ln Ln W J 00 -1 A A A A A O to N 00 0 - to A A A A A A A cn A Lu cn cn A A A A A A A A Ln to A W N N O A cn to A A N O W A W D I-' J 0 t0 00 J W A W J W 0 0A " J cn A 0 N J W O A O 1 O 0J A 1- W A m a to J A W 0 " 0 O O 0 0 " O W O N O N 0 O 0 W O J O W O J O l0 O 0 O -,J O O O O O 0 O O W O O J O lD N O O A O O O 0 1 0 0 0 O l0 On �M O O O O 0 O O O 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O n m N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O rD n of D 0 m 0> p n m 7c O n v O w 7c m 0 p O m C O v p C n Gl D D D x D C x n x p m D m n D x x D p D N D 2 Z n Z r n < p D to G 2 p �o p m D m f� m D Z = �c Z p D 0 �p p D D Z D p D D x-< p O p Z< x= 2 C D D 2 m Z vmi .n. O p 0 m QD D` m D D m v? (to A r O to Z x p Z p R° r C fro to m m v< r D p go p< D Ro D A ZN M p n "' m p> pm n O D (to 2 r T Ro 5 Eo p D R° D N o— Ro n Z p go go = D < m Z O a < O m D D D -� D N G Z to D m M Z K 2 0 Z D D D- m Om m° m m A m Z D x m 0< v�i Z C m N D Z D C m m m A r m D A Z O to 2 vzi D=i m R0 Z m m p Ro A Gl < Ro D D Z m m p m p m w N D m M p r ;E-� < Z D D C Z p m D T Z= n A A p m N n m m Z Ro D 1� D D D r m p O D Ro Z n n z n y O Vi z- K Z x D 5_� O n m 0 0 2 m T 0 w r^ y Z N D m Ye rn Z O v 3 A m D Gl Z p K C) ^ N Z Z 0 D N v Z m m D C p �^ m D Z D C m m a O PIZ K O_ Z A < m v Z r < D M r rNN 2 s p D Z D Ro D La 0 G) m D m Z D z p D D n O n o 0 Gl O c D nD < n O o, n m z Z d m D n 3 N N N N N N N W N N Ol m N N F-� N In N N N N Ol N N Ol Ol Ol W W W m m m m 1--` W F-� W m N O W W W A N w lD J In O N In N W p W I� J l0 N lD W W W W In J 00 I--� lD N J LO J Ol J w W 00 I--` w w l0 J w w In O O A N O W J l0 N O 00 -V 0o -V N -V . - W O w -V O -V N -V O W W m -V A , O -V -a O Co W O -a 00 Ol -a -a M -a 00 -a -a 0o w O 00 N lD 1--` m W N m l0 Wr O O r O r O r x O r O r O r O 00 O r O r O r x O r O r n x O O-a r D 0 r 0 r 0 r 0 r 0 r 0 r 0 0 r r 0 r 0 r D r 7� m 0 0 r r 0 0 r r m 7c = m 0 r r r r r N r r r r r r p N r r J r p r r r r p r r p p p r 0o p p p p r m Oo p p K K K K m E K Gl K W E D K K E E Gl K K Gl M M Z = M M M M< GZl K x m p D D D D 0 D D D D D C ,� D D K D p D D D D C D D c c c x c c c c K c Z Z Z Z Z Z Z Z Z 1--� Z Z W Z to Z Z Z Z Z Z C r z 0 0 p r z o D a n n n n n L) n n n n n n c o 0 A 0 n Q p r p p O p p p p O p p O p m I � 3 m p 0 n c r < r < r < r < T r < r < r < p� r < r < r < W r < r < r p� < r < T m r < r < r < r < r < r < r r < < r < r < Z W r < r r < < r r < < W W W r < r < m Z Z Z Z m m Z Z Z > Z Z Z m r Z Z m Z r Z M Z Z Z Z Z Z Z Z Z Z O m r Z Z Z Z Z m r m r m r Z Z p p p p z p p p z p p p r p p p C p Z p p p p O O O p p p n C p p p p p r r r p p m m m m p m m m ^' m m m Z m m m Z m p m m m m m m m m m m MO Z m m m m m Z z z m m n Z Z Z Z D Z Z Z Z Z Z n Z Z Z n Z D Z Z Z Z Z Z Z z Z z m Z Z Z Z Z z Z p r 2 2 r (n 2 2 2 2 _T N o D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D 0 i0 iD iD iD i0 iD i0 iD iD iD iD i0 iD iD i0 i0 i0 iD i0 i0 iD iD i0 i0 i0 i0 i0 i0 w i0 i0 i0 i0 iD i0 i0 i0 iD i0 iD ° m o0 N 00 N w N w N w N w N w N w N 00 N 00 N 00 N 00 N 00 N w N w N 00 00 N N 00 N 00 N 00 N 00 N 00 N 00 N 00 N 00 N 00 00 N N 00 N w N O O o0 N 00 N 00 00 N N 00 00 N N 00 N 00 N 00 00 N N 00 N d M M M M A M M M W M M M N M M M N M A M M M M M M M M M M l0 N M M M M M N N N M M n m A A A A 0o A A A O A A A 00 A A A T A Oo A A A A A A A A A A N Oi A A A A A T T T A A O N O lD l0 l0 lD N l0 lD l0 A l0 l0 l0 O l0 l0 O A l0 l0 l0 l0 lD lD l0 l0 l0 l0 l0 l0 N l0 l0 l0 l0 lD l0 l0 l0 l0 l0 'D � �- M M M M 1-1 M M M O M M M l0 M M -,,IW M A M M M M M M M M M M A M O M M M M -,,I m m O m m n O W W W W W W W W O W W W W W W W O W W W W W w In 1-1 1-1 W W W W In A W lD W W W 1--' W W W W W W W W w In W W W 00 W In 00 In w M W N In N N M W W 1--' 1-1 W W F-' F-' W 1--' N J J N J m 00 In C z n _ F D N F1--' F-' 1--' 1--' F-' 1--' F-' 1--' F-' F-' 1--' F-' F-' F-' 1--' 1--' F-' 1--' 1--' 1--' 1--' 1--' F-' F-' F-' 1--' F-' N U'1 1--' A 1--' F-' F-' 1--' F-' N F-' N F-' A r, n T O) O O O O O O O O O O O N O O O O O O O O O O O O O O O O O Am O O O O O N O O O J 77 lit O O O O O O O O O O O N O O O O O O O O O O O O O O O cn O l0 N O O O O O J O O O w HCA m N 3 N O y W ui O O O O O O O O O O O N O O O O O O O O O O O 1--, O O O 1--` O O O O O O O O I--� O O O 1--, N m D X N In N N A J In In J N J O N N N W W N N In J J J O N N l0 O W 1--` In w N N N N O In W w O O Z C X cn O O O cn O In N J l0 cn O O O J cn cn O cn O l0 m O O cn O cn O cn O cn m l0 cn O In O O O N m In O In O O O cn O cn l0 O cn O O J l0 A cn O O J cn cn O O cn cn O O O O O O l0 O m m O O Z m T m O . O O O O O O O O O O 1--` O O O O O O O O O O O h+ O O O N h+ O N O O O O O N O O O A W N N N A J V1 J N J N N N N W 0o N N J J J O N N l0 O 0o N W 0o N N N N N J 0o J D O 0 0 O O O 0" N J O 0 0 O O J cn O 0 In O Oi m N O 0 O O 0 In O cn tD cn 0 O O 0 O 0 O N cn O 0 O 0 O O 0 O 0 1. O A 0 O 1. A m 0 O J O 0 In O O O O 0 0 J O O 0 O w O W" 00 O {n N O O O w Oi m O O cn O O cn O O O O r0 cn N O O O J O O O O O cn O cn W w O J O O O O O O O N O v_ v gym*+ O w m CA Do m H Q to D a' to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to F. r m r��. — m p O O O O O I� O O F-� O I--� 1-+ O O O O 1-+ O O O 1--` 1-+ 1-+ I--` O O 1--` IN N O W I--` O O O O W O I--` I--� J m W J W W J 1--` J W F+ W 1--+ W W W W In N W W J O FA FA A W W A O J W A N W W W W W J N F+ O -Z o J J A J J FA 1--` A In 1-+ J J 0 J J J N 1-+ J J A J Fl Fl J J J J N l0 N F" w J J J J In A J lD In M V v � 0 D -V Z 00 D rn c) v m Lp) m 0 O< 0 m T m Lo) Z Lo) m O � m M Z Ol F-� N 0 w W 0 0 it v �D �D �D �D �D LO �D �D �D LO LO LO �D �D LO LO �D �D � LO � � � � � � � � � � � � � � � � ~ A O A A A A A A A A A A A A A A A A A A A A A F, W W W W F, F, W w F, w F, F, w w F, F, w w F, w F, w w w w cu w cu w w w cu cu cu N N N N N Fo O O O O O O O O l0 lD lD 0o 00 00 00 00 0o W 00 0o V V V V V W F-� O lD W w J 01 m L- p. Vt A N F-� o O lD W J Ol Vt A N O lD oo W N F-� o O 0o V 01 Vt A W N P O W V Vt A W n lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD LO LO �D �D �D �D �D �D �D �D LO �D �D LO LO LO LO LO �D T O N O N O N O N O N O N O N O N O N O O N N O N O N O N O N O N O O N N O N O N O N O N O N O N O N O N O O N N O N O O N N O O N N O N O N O N O N O N O O O N N N OJ N W N W N W N W N W N W N W N W N W N N W W N W N W N W N W N W N N W W N W N W N W N W N W N W N W N W N N W W N W N N W W N N W W N W N W N W N W N W N N N W W W D 01 00 00 O1 O O O 0In (n A W W W W W 00 to W A W A V to m A. (n A p. A Ln F. p O lD to to W A 00 A. 00 A m A. p. to p. W (n Ln W A F Ln 0 A. 0 A 0 W 0 N J to V A. A A to to A A W W to A W A o N A N A N A lD W lD Wto J V A Lo O cr) In In W 00 O J W O In W In In (n W W N N O J W W W F� In In V cr) O lD cr) N N W A OmO-4O O O O O OOmOO O O O O O OOOO O O O O O O O O O 0 O O NmFO OOO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O i O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 22 D:� K O� `m *� O 2 v 2 D Inc m Z n Z m m 0 0 m w 0 > G1 = m D > m Z O O w ¢0 m x< w N K go 0 K C C m� O D m 90 O T" D go m 90 90 I < m � < Z m to 7C 00 W y m 2 D` Z< v D N D 7C x m m w Z O rr m m 0C m m 2 D _w C)< N m VIn m 90 N Z O vi O Z z D Z Ln Ln Ln Z c r O n N D O< D w O Z O O D z O D D Z m M m 0 m m< o I n _ D `2 D z � - go Lo p O D 90 w O Ro z w m 90 DO m K O Z M C, N D M Z m m M N N D x D Z < O O A m N D Z m Ln D y C O O O K N W Z Gl N C m r0 = Z M M < M D � ZVI = 0 n c� c x :0Z c n 7c x O- m m O m n K Gl � 7c K w K to D m cn �2 O w x m O r Z 0 D> D O D m v CA y M F,- v Z 0 r m Z < r 0 O m m r 2 r r< go f2o O ¢0 m r n n m 0 go O O r r= X r< m 20 D D �2 z x D m D x D Z w D v m m C r n fl D m m r Z N r Z m 7C D m r C O _ Z K Z D Gl m > 7c Ln co D Z Z O C D n x O D 0 m F) x z m < w W W W tNn W lJD W W W W A W O O O A W J J J Obi W A N W A A W t~n W Wm W J J N Doi Do 00i F.• to F.• F.• A J to A N F+ LO F+ to J w J to m m m J to to N to 0. O W J A A A N 0. O 0. w J 00 DO lD m W , A In LO m A 00 , N . . . . In m A O m W n0 n0 F� n0 O F� O J F� N In w O n0 A 00 O O< O< 0< O x 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 o O w O O x o 0 0 0 m m X X D D m D x D C C C C m C m m m m C r r r r C m m C m O C m C r O C r r r v — 0 N m x m D m ID w 2 2 2 2 D x D D D D x C C C C = D D 2 D < 2 0 2 C 2 C C D Z w Z O 2 2 2 2 Z x Z Z Z Z 2 2 Z Z 2 Z D 2 W 2 D 2 Z O O C n D D D D n_ D n n n_ n_ D m 0 0 0 D n n D n z D M D Om Z D Om Om n m m m m m m 0 0 0 m m D m W m D m z Z Z Z Z Z - - -- Z O O O O Z Z r m Z yk Z O m Z O O O m m m m m m m m m O O O O O O O O ik O m O O w w w w w : v w 00 :0 w w W C m r r r r r '' n r r r r r r r r r r r r r r r r r r r r M r r r -n M r r r r M M m < < < < < < < < < < < < < < < < < < < < < < < < < m < < < m < < < < Z X Z Z Z Z Z� L z Z z Z Z z z z z z z z z z z z z z z z r z z z w z z z z D Z O O O O O o � O O O O O O O O O O O O O O O O O O O O C O Z O Z Z O O O O r Z O m m m m m * m m m m m m m m m m m m m m m m m m m m m Z m * m O m m m m m Z m v, D Z Z Z Z Z o w Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z z z O Z O Z> z Z z Z O O m o D O m O < K O z D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D LO LO lD lD lD lD LO LO LO LO lD lD lD lD lD lD lD lD lD lD lD lD lD lD LO LO lD lD lD lD lD lD LO LO LO LO LO LO lD lD LO lD 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 O1 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O N N N N N N N N N 00 T W A A A A A A O A A A A A A A A A A A A A A A A A A A A to A W A W O A A A A W O F� F� lD lD lD lD lD O lD lD lD lD lD lD lD lD lD lD In lD lD lD lD lD lD lD lD lD lD J lD m lD LO LO lD lD lD lD A lD O N O1 Ol O1 Ol O1 In In O1 Ol Ol Ol Ol Ol Ol m O1 N O1 Ol O1 O1 O1 O1 O1 O1 Ol m m m m Ol A O m m m Ol Ol F� Ln J W F� W W W In F� F� F� F� F� W I--' W W W W F-' 00 00 00 00 F� W W F� W In F� N F� F� O F� 00 00 W W W W N J N V W V lD 00 N N N N W N W W W Ol N In (n In O1 N W W N W O N A N LO In N In In W In (n t, t, t, t, t, t, t, t, F, F-I F-, F-I F+ F-I F-I F-I F-I F-, t" t" N t, t, 00 t, t, t, t, t, t, t, t, F, F-` F-` t" A A F-` F-` F, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (Nil (Un Ln M 0 0 0 0 0 0 0 0 0 0 0 0 m m 0 0 0 O O O O O O O O O O O O O O O O O O O O O r r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N In (n N J J A N In N N In In J J N N N J N lD O O A N V N N V N In In N W In In lD lD N J N In O O to N to M to O to to O O In F" (n to to (n to O O O J to to to to to to O A to to O O V Oi to to to O O O O to O J 0 0 0 0 0 0 0 lD O O O O O w 0 0 LO O O O O O O O V O A 0 0 F N O O O O O O O O O O O O O O O O O O O O O O O N F+ F+ A O O O O O O O O O O O O O A A O O . . N In In N J J A N 0 N N In In V V N N N J N O 0. Ol Ln N J N N J N 0 In N W In 0 J Ol N J N 0 O O In N In Ol In O In In O O In w In 0 In 0 In W A In In In In 0 In A In O A In In O O W Ln In In In 0 0 0 0 Ln 0 0 0 0 0 0 0 0 0 0 Ln 0 0 0 0 0 m m 0 lD O O O O m O O J 0 LO 0 0 m A 0 0 0 N 00 m L, lj� lj� lj� 0 O O O O O O O O O O O N p O t, O O t, O O O O O O O p p O t, O W V V W O m W V w W O W W W W LO A A F+ w F+ w w F+ w V m W In V J lD lD w F+ W v O z Z z D m m D v v A LA 'v 70 0 a � z 0 66) v m 3 � rm � m 70 3 000 m Ln Z m Ln Z L') 09 m m Z n 0 N v m F'' D ^ n � n m m 3 N v� W O Z < Z m m m i 07 Ln H F+ n vLn Ln N Ln m 0 O m A A w Ln Ln m` m F' CSJ w v m 1 m T O OAi tAii A A N N O �O . W . . W W O A W W W W W W W N N FFFFFFFm p lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD LD lD lD lD lD lD lD lD lD lD lD lD lD LD lD lD lD LD lD lD LD lD lD lD V p A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A p O D� V V Ol Ol Ol Ol Ol Ol Ol Ol Ol 0 0 0 Ln 0 Ln Ln 0 Ln 0 A A A A A A A A A A W W W W W W N N N N F+ O lD 0o V m 0 p. W N F+ lD 0o V m 0 p. W N F+ O lD 0o V m 0 p. w N F+ O V m 0 p. F+ O lD 0o V m (D W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W S O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N � A A A A A A A A A A W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W O A D O O O O O O O O O O lD lD lD lD lD lD lD lD lD lD 00 00 00 00 00 00 00 00 00 00 00 00 00 0o V V V V V V Ol Li N N N N 00 0. In O O O In A A A A A A W N F+ 00 0o V l Ol U9 A A A A N F+ F+ O 1. Ui A Ul W F+ 0o A O A A Ui In In A In W W A In In 00 A A A In A A In In A Ui In 00 A A A N A In Ln In p� V In In In In W UU9 O W W A lD U9 O 0o Ol W N LU U9 W W Ui O 00 lD Ol U9 W V W U9 W U9 N O UV A = rn W CF) Ol A W O Ol CF) 00 CF) CF) CF) 00 CF) W V CF) O CF) 00 W O CF) CF) W W CF) W CD 0 CD O CD O CD 0 0 O 0 0 0 0 0 O 0 0 O 0 O O 0 0 O 0 0 0 O 0 O O 0 0 0 O O 0 0 A O O n O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O fD n RL Ln — 2 x m T O m m p D y 0 D O D D D D D D Z 2 0 m D y D D m D 0 D p 2 Z T NN z n C r p Z Z Z Z n 2 Ll n C r O r Z m m 2 Z D U, 3J D ,m Z< p m 2 x m m O �^ �^ m D—— E p r O F Z g D 2 r m O Z< X Z p x O m W= m ^� x Z D m to m n O �n m m 7c < Z D W m 7c r^ m D �- v, n z 20 2 20 7c 20 r m< D< Z D 20- m m D m 0 20 m— r M 0 r 0= Z p 20 D m p m m O 20 p 7C Ln y _ T n 2° D z f20 f20 O (_ W r2° m m D N RO0 E n= m< 0 0 X Z C C m m n m N C � O m D Z N CN =- z Z Z z 7C m m m c D X zO v<", 2° v 20 "- y 2 Z m n D CZl p 6 D Z y z < 7c = Z� i^ m X Z D D y p _-AD � m h z p O m Z m= D O m m m 20 p x > E R0 m = �i z= D a 0 / r 7c X p< D 7c -4 O < D m c> O x Z r m x Z a W N= z n v' Z m C a D= D m z p F E Gl D 0 2 C 2 v20 > m C v, 2r0 Z m D D Z m z x m Z m v D C 2 m D D Z C m m m O <n W z 11 z N z < p D D D_ Gl Z O 7c y n O r D m m O Dp n z C < 0 D O p A s < p n D �< D C m v n N m o a N m � p O O a z G) D c a ro i D a 00 N W W 00 00 p. p. N N 00 W O1 w 00 w N w 00 Ol w w N 0 N w w W 00 C1 w w 00 w N W 00 w N w 00 0o w L1 O 00 0o . A N N 0. O V 00 00 0o UD 00 0o V 00 0o U9 O 00 00 00 00 0o m 00 00 00 0o 0 O 00 0o w 00 00 / W W U9 W w A A " O x A U9 lD W N F+ lD V W CD p. 14 V N W A U9 F0 Cl W p. " a> In lD " In W W LU O � � 00 lD W N � � W � lD V In lD � W F+ O A V � W W a> A 0o a> O A N F+ � � N U9 � F+ W No w 0 0< c7 E z C C co 0 0 co co co 0< co p< 0 0 m < < < O< p<< O O p< O< p W D m p m D D D Ln (n U, D m D D D m D D D m A O D D m D D D D m m D m D m y m y p m 0_ m D m m m y p m-= p D N m p p p p= p p y y= p y p= U z x z x < C C Z Cp Z _ Z Ln pC _ Z Z Z �< n p n m �< m Ln m m `< n ,, �< �< n `< p D n m D n n D n D O N < n n < p < n 70 <<< n < m n p m n n rm n rm p Z O Z Z z m N m m m m p m p m m p m p ro x x x 3 m p 0 n c 3 < < < < < < m m < < < < < < < < < < < < < < < m W < W r r r r r r r r r r r r r < < < < < < < < < < < < < f0 z z Z Z Z Z X r z Z z Z Z Z Z z Z z z z Z Z Z M r z Z mr Z Z z z Z Z Z Z Z z z z z .�. p p p p p p z C p p O O O O O O p O O p p p p Z O 0 C: p p p p p p p p p p p p p m m m m m m 0 Z m m m m m m m m m m m m m m m p Z m m Z m m m m m m m m m m m m m p z z z z Z Z D Ll Z Z z Z z z z z Z z z z Z Z Z D z Z Z z Z Z Z z Z z Z z z z Z n r 2 r 2 2 m D m D D 10) _T 7 o D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D p lD lD lD 00 lD 00 lD 00 00 00 lD 00 00 00 lD lD 00 lD lD lD 00 00 lD 00 00 lD 00 lD 00 lD lD 00 00 lD 00 lD 00 lD lD lD 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 fD N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N d Ol Ol Ol Ol Ol Ol A N Ol a> a> a> a> a> Ol Ol Ol Ol a> a> a> a> a> A" a> Ol N Ol a> Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol n 'o A A A A A A Oo Ol A A A A A A A A A A A A A A A Oo In A A Ol A A A A A A A A A A A A A O N O lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD O N lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD �— C1 Ol Ol Ol Ol Ol W Ol O O C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 Ol Ol A A C1 C1 Ol Ol Ol Ol C1 C1 C1 C1 C1 C1 C1 Ol Ol Ol m n CD W 00 A W O In V CD CD A 00 CD CD W W CD A F+ W W F� N W W In W 00 W F+ W W W Z. F+ W W W F� 0 In W V N V Ui Ol N 00 00 In N Ui Ui In Ui W V Ui W N V W N W V V W V Ol V N V V WLU V N C z F, D Ol O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O .� rn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 rn v. F, �+ m O N O y 00 W O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N m D x In V V N N N V N U9 In N 'N N W U9 In V N U9 V N N V N N W" U9 U9 N U9 N V N V N N N V U1 N O Z < O In In Ui In Ui In 0 O N In In In N O O In In O F" In In In In In F" 0 O O m O In W 0 In 0 In 0 In O In Z m m x O O O O O O O O tD w O O O W O O O O O m O O O O O N O O O F" O O In O O O O O O O O m O O O O O O O O N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O W 0 Ln Vn Ln Ln Nn Ln Ln lD w Ln Ln Ln W 0 U9 Ln Ln U9 V Ln Ln Ln Ln N F" Ln 0 0 OW 0 Ln W Ln Ln N Ln Ln Ln 0 Ln O O O O O O O O w O O O W O O O O O Ln O O O O 0 FO O O W O O n 0 0 0 0 0 0 0 0 O O O O O O O O F-" O O O N O O O O O V O O O O O lD �H O O O O O O O O O O O O O O O D O H v. O v � A C� O v. in i. in i. in i. in i. in in in in in t. in in t. t. in in in in in in in in in in in V. in v. in in in in in in v) V. m 0�7 ® m o W V O W W F" W W A W V V lD V W O W F" W W W F" V W z O m V A F" F" V V V F" V F" lD V V V 0o A A F" V A m V V F+ V V Cl V A A N A V w V F" V V V F" A V in v 70 D v Z 0 C) v M 3 � m � m M 3 OO 9 a m Ln Z Ln �Ln O 3 m Z i T O 0 0 0) D r M N N N W N N N N N N N N W N O tp W V Oi In A W N ,� O tp Oo V O� In A W tp Oo V O� In A W N t' O Oo w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w V Ln In Ln Ln Ln Ln Ln to cn Ln A A A A A A A A A A A A A A A A A A A A A A ~A A A A A >0 F+ 0 0 0 O O O O O w w w w w w w w 10 Da Da Da 00 0o Da 00 J J J J J J J J � O A 0 J Q1 Ln A W N F+ O w Da J m A W N F+ O w w Da J m Ol Ln (19 A W N O w W J O1 In A W N .0 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 w l0 l0 l0 l0 l0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N m A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A O (n In W W W W W W W W W W W W W N N N N N N N F� F F F-` F , FJ F+ F+ F- F F O O O Li w F+ w J J m m (n (n (n In In Ul Ul W w w J W N N F+ w w w w J J m N F+ O O O w w w 0 A W to cn A A A cn cn cn A A A A A to A cn cn A A A A A A A Ul Ul In A A In to A A A to F+ J F� In w 0o W W N O 00 D7 M M J W W In A 00 W (n w J 01 In N 1w 0. 00 U1 Ul O 00 01 In F+ M O J J N W F+ 01 A (n 00 w L7 J F+ N 00 Cr) A A N In F� O1 W In 00 F+ W 00 w F+ .A J O In 00 w = O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v p 3 m0 n Ln r� rr D DO m N Z D c O D< m 3 C O Ln 0 0 x 2 D m 0o m 2c D D p D 7D0 7Do D >o y D m �_ fl Inc K C7 n C Z Z Gl D Z m r x Z W C O W D Cl m A m <n < O Z 3 Z D A y O r v W m m Z m z D m X z n Imo � r� z 133 m D m m O D Z r X y m m m N 0 r Zr)- QO O z 'S r z Qo .--1 >o --Z Gl go n O n m Q° fzo �o n `L x m D O t^ y D 3 C fM 7c O A L K< m m O 3 D x 0 Gl 0 ;c r_ D D O O m C 0 r z cn QO o -I z r n to r �_ < Uz = D p z D v m O< O D D C R° 2° Z m D z T < D m z O W m Z n Z O D fDl n m< Z cn m v+ m< 2 D 0 in cmii fM D G m m Z r v D Z= Rc 2 (m� O Z n Dr m m m 0 0 K Z 0 m m r K Z 0 Gl �c 2 r D D in D r O N 0 y y D x z D m Cl D O D O n C r N 0 D D D< O m N Ll D O O m z m z m O z r z D D z D D D m m 0 m A 0 Z A O m < m O A cn c^ Z r 'S O Z m Inc D m o r m D V' D N = Z Z m N O x Z `E O m N N O m 0 z N A G1 O A Z R, = K Z z x m D m D `^ X `c x 9 N C m M; Z D Z D D c D D r v m 0 0 0 z N N N N N 41 N 41 N W m m m m m N n 0o O Da O J w w DM W J O J 0 w 01 F� w Da Ol J O0 00 A J w 00 Oo 01 O Du Da Da N (Ln w O In F+ F+ W F+ J W J J W O In w FF�J N J A A O w 01 O 41 41 A A F+ In W W N F+ 00 N F' -0 O -0 F+ -0 -0 -0 -0 w O -0 -0 .D -0 -0 m m w m m f+ N w m m Ul 00 A 00 W O m O 0 0 m 0 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 m O 0 m z m 0 0 m w m m z O O r N r D r r r r r r w r m r r m r r r r r r 3 r r W O X r r 0 m X r Z r Z r r r r r r D r D r r 0 r r r r r r D r r D s D r r D D D D 0 r m n z K N K K r � ; 3 m��� r cn D F+ D m D D D D D D n D w D D m D D D D D D D D m m D D m m m m A m z W z 0 z z z z z z x z z z m z z z z z z z z =' w Z Z W A 0 n n n n n n n n O n O n n O n n n n n n S n n A G n n O v A x A N w w w w z z m z z z z� 55 z z z m z z O >0 7J <<<< A m m A� n n n n n m m n n n n n n n n o n n n n r r r r r r r r r r r r r r r r r r r r r m m m N m m m m m m Z m m m m m m m m m m m m CA rLn wo O ^ 0 m 0 0r0 < r E r m r r r r r r U1 r m r r r r r r r r r =m r r r T r r r r r r r m D D Z 70 Z m Z Z Z Z Z Z D Z Z Z Z Z Z Z Z Z Z m Z Z Z 7m0 Z Z Z Z Z Z Z m Z Zm O 0 Z O O O O O O ZO 0 z O O O O O O O O 0 9 O O O O O O O O. O O O m m C Z z z z z z z z m z z z z z Z Z z z z O z z z D z z z z z z z 0 n m O D O D Z m Z z > 0 D O D D D D D D D D D D D D D D D D D D "D D D D D D D D D D D D D D D D D w m w w w w w w w w w w w w w w w to w w w w w w w w w to w to to to w to w to w w W m w w w w w w w 00 00 N 00 00 00 00 00 w 00 00 m m 00 m m 00 w w w w w w w w w w N to N O N N N N N N N N N N N N N N N N N N N O N N N N N N N N N N N N W 01 01 W O1 N m m m m Ol Ol N O1 N Ol Ol Ol Ol Ol Ol Ol Ol Ol In Ol Ol 01 A 01 01 Ol 01 m Ol O1 A O to n O N lD w w F+ w l0 l0 l0 l0 l0 l0 In l0 w m 0 m l0 m l0 l0 l0 l0 w l0 l0 m cD m m m m m m m w m � J 0 O w 0 O O O O O O 0 O w w O w O w O O O O w 0 0 0 N 01 W O'i 0 0 0 0� m m V1 O F-` W F-` F' F' F-` F' F' F' O F-' W W F-` W F-` W F+ F+ F-` F+ N F+ F' O N O W A O O O O Ol A J J A D> O1 J J J Ol Ol Vt Ol Ut W Ol N J W Ol Ol Ol 01 F+ 01 J U9 00 V1 W N In In A In W Ol f+ D m � O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O A m N F O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 3 M m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N m D N W N N N W J N N N N In In m In N J N N N J In N In In In N N N N 0 N N N In In N O Z In F� In In In W In In In In In O O mO In In In In wU9 w In O O O U9 In Ln 0 00 0 (n w O O In z T m m W O O O F O O O O O O O m O O O O O w O N 0 0 0 0 0 0 0 0 �4 0 0 w 0 0 0 m A A O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 N N N W J N N N N In (n m In N J N N N J In N In In In N N N N 0 N N N In (n N w O In In (n W In In In In In O O m O In (n In In w (n w In O O O In In w 0 00 0 In w O O In LA In In O O O F' O O O O O O O In O O O O O w O N O O O O O O O O J O O J 0 0 0 C, m W O O O In O O O O O O O w 0 0 0 0 0 w O O O O O O O O O O F+ O O m O O O g CA m 0 O m mgas 'UF 'UF to m T 0� V1 O O O O F+ O O O O O O O O O F-� O O O F+ O O O O O O O O O O O O O O O O O w W W W m D4 A F+ J J J W w F-� J J J J A A Da A J FF� J J W W F+ J J A A A J J J J J J J A A A J m V v � O D v Z O0 C) v M Cn M m 0 O O M T 9 D m � Z m -I (In Z CA 09 m aM Z -4 O) F+ N 0 W Ln w