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HomeMy WebLinkAboutPacket May 26 2015WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015 - 17 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 5/19/2015 5/26/2015 NR/Intro Division Head: Dept. Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT.• Ordinance establishing the Wildlife Advisory Committee ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance establishing the Wildlife Advisory Committee COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are availablefor viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. 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 SPONSORED BY: Buchanan PROPOSED BY: Buchanan INTRODUCTION DATE: ORDINANCE NO. ESTABLISHING WHATCOM COUNTY CODE 2.118, CREATING THE WHATCOM COUNTY WILDLIFE ADVISORY COMMITTEE WHEREAS, the Washington State Growth Management Act (GMA) requires Whatcom County to engage in comprehensive land use planning; and WHEREAS, the GMA indicates that Whatcom County's comprehensive land use planning efforts should foster land use patterns and develop a local vision of rural character that will be compatible with the use of the land by wildlife and for fish and wildlife habitat; and WHEREAS, goal nine (9) of the GMA, in Revised Code of Washington (RCW) 36.70A.020, is to retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities; and WHEREAS, in RCW 36.70A.160, the GMA directs local governments to identify open space corridors within and between urban growth areas useful for recreation, wildlife habitat, trails and connections between critical areas; and WHEREAS, habitat conservation areas must be identified, designated and protected through the use of best available science, according to RCW 36.70A.172; and WHEREAS, goal eleven (11) of the GMA is to encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts; and WHEREAS, Whatcom County is required by RCW 36.70A.130(1) to regularly review and update the comprehensive plan, with the latest update due by June 30, 2016; and WHEREAS, Whatcom County staff recommends revisions and amendments based on several elements and objectives, including updating the narrative and policies to address current issues and planning initiatives or to reflect new policy direction; and Page 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, Whatcom County citizens have expressed to the County Council their desire for the County to incorporate wildlife management and conservation planning for fish and wildlife habitat into the Whatcom County land use planning process; and WHEREAS, the Whatcom County Council would benefit from the advice and recommendations of those with background and technical expertise, including but not limited to, in wildlife management, conservation science, wildlife biology and citizen science, when making land use policy decisions. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 2.118, creating the Whatcom County Wildlife Advisory Committee, is hereby established as outlined in Exhibit A of this ordinance. ADOPTED this day of , 2015. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Carl Weimer, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecutor Page 2 WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 3 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 EXHIBIT A Chapter 2.118 WILDLIFE ADVISORY COMMITTEE Sections: 2.118.010 Established 2.118.020 Purpose 2.118.030 Function 2.118.040 Qualifications 2.118.050 Membership 2.118.060 Term of Office 2.118.070 Organization — Meetings 2.118.080 Committee Staffing 2.118.010 Established. The Wildlife Advisory Committee is hereby established. 2.118.020 Purpose. The committee will advise the Whatcom County Planning and Development Services Department staff and the Whatcom County Council on wildlife and habitat issues as they relate to the Whatcom County Comprehensive Plan, with the goal of integrating wildlife management and protection into the community planning process. 2.118.030 Function. A. The committee will provide recommendations on issues relative to fulfilling goal nine (9) of the Washington State Growth Management Act (GMA): to retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities. The full committee shall provide an annual report once each calendar year beginning in 2016. B. The Technical Advisory sub -committee, as defined in Section 2.118.050(B), will: Prior to the end of 2015, develop the initial inventory, characterization, and assessment, which includes an analysis of risk, of existing ecosystem conditions (Existing Condition Report), and to make management recommendations using best available science that will provide appropriate habitat conditions for local species, with an emphasis on biodiversity and healthy ecosystem processes and functions. This may include recommendations regarding wildlife corridors, landscape ecological planning, wildlife management, avoiding human/wildlife conflict. Page 3 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ii. Continue to provide periodic updates to the Existing Condition Report or to address technical questions from the Whatcom County Council, Whatcom County staff, or the Wildlife Management Committee. 2.118.040 Qualifications. To qualify for County Council appointment to fill any vacancy on a board, committee, or commission, a person shall be a qualified registered voter and be a resident of the district or a member or employee of the agency or group he or she is appointed to represent. 2.118.050 Membership. A. The committee shall consist of 11 members. B. The County Council will appoint seven of the 11 members following the adoption of this ordinance to serve as a Wildlife Technical Advisory sub -committee of the full Wildlife Advisory Committee. These seven members will have technical expertise in wildlife and habitat management or current or past professional experience such as, but not limited to, at least one of the following: wetlands manager, wildlife biologist, population biologist, natural resources manager, watershed scientist, conservation specialist, urban forestry protection, and citizen science. Two of these seven members may be tribal representatives. C. The Whatcom County Council will appoint the remaining four members during its annual board and committee appointment process in January 2016. D. The committee members shall serve without compensation. 2.118.060 Term of Office. A. Initial Staggered Terms: i. Three of the initial seven Technical Members shall initially serve a term ending on January 31, 2018. ii. Four of the initial seven Technical Members shall initially serve a term ending on January 31, 2019. B. Thereafter, all eleven (11) member terms will be four years. 2.118.070 Organization — Meetings. A. Meetings of the committee shall be open and accessible to the public and shall be subject to the Open Public Meetings Act. B. The committee shall determine its own meeting schedule, but shall meet at least monthly. 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 2.118.080 C. The committee shall be responsible for taking complete and accurate written records. D. Whatcom County staff shall be responsible for assuring the meetings are audio recorded. E. Written and audio recordings of meetings, resolutions, findings, and recommendations shall be kept, and such records shall be public. F. The committee shall comply with Whatcom County Code 2.03 - Boards and Commissions. G. The committee shall adopt its own rules and procedures for the conduct of business. H. The committee shall elect a chairperson from among its members who shall preside at its meetings. Committee Staffing. A. The Whatcom County Planning and Development Services Department and Whatcom County Public Works Department shall provide geographic information system (GIS) data and other information to the committee as requested. B. The Whatcom County Planning and Development Services Department and the Whatcom County Public Works Department shall provide technical assistance and assist with meeting coordination. Page 5 0• WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2015 134 C CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 5/19/2015 5/26/2015 Finance Committee Division Head: Dept. Head. ' l Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Presentation by Roger Janssen, 3DX Industries ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Presentation by Roger Janssen, 3DX Industries COMMITTEE A CTION. COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatconz.wa.us/council. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015-163 CLEARANCES Initial Pate Date Received in Council Office Agenda Date Assigned to: Originator: 30 L.7-� �--� [i ��1 �a �-� 05112115 Intro Division Head: 05126115 Finance Committee; MAY 201 Council Dept. Head: Prosecutor: ✓®/ g W ATC COUNTY 30 Purchasing/Budget: 7 "" Execalive: TITLE OF DOCUMEAf. 2015 Supplemental Budget Request #6 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 #6 requests funding from the General Fund: 1. To appropriate $11,447 in the Sheriffs Office to fund 2015 Boating Safety Program patrols from Vessel Registration Reserves. 2. To appropriate $18,336 in the Sheriffs Office to fund 2015 Recreational Boating Safety Program from grant proceeds. From the Jail Fund: 3. To appropriate $6,000 to fund bobcat repair from Federal Forest Title H contract. COMMITTEE ACTION. COUNCIL ACTION: 5/12/2015: Introduced 7-0 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: E:3 SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DATE: 5/12/15 ORDINANCE NO. AMENDMENT NO. 6 OF THE 2015 BUDGET WHEREAS, the 2015-2016 budget was adopted November 25, 2014; and, WHEREAS, changing circumstances require modifications to the approved 2015-2016 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 2015-2016 Whatcom County Budget Ordinance #2014-065 is hereby amended by adding the following additional amounts to the 2015 budget included therein: Fund Expenditures Revenues Net Effect General Fund Sheriff 29,783 (18,336) 11,447 Total General Fund 29,783 (18,336) 11,447 Jail Fund 6,000 (6,000) - Total Supplemental 35,783 (24,336) 11,447 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk VAPROED AS TO RM: ivil Deputy Prosecutor 2015. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2015_Suppl\Supplementa1 #6-2015.docx 9 WHATCOM COUNTY Summary.of the 2015 Supplemental Budget Ordinance No. 6 Department/Fund Description Increased (Decreased) Expenditure (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease General Fund Sheriff To fund 2015 Boating Safety Program patrols from Vessel Registration Reserves 11,447 - 11,447 Sheriff To fund 2015 Recreational Boating Safety Program from grant proceeds. 18,336 (18,336) Total General Fund 29,783 (18,336) 11,447 Jail Fund To fund bobcat repair from Federal Forest Title II contract 6,000 (6,000) Total Supplemental 35,783 (24,336) 11,447 10 WHATCOM COUNTY T SHERIFF'S OMCE BILL FLFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 Memorandum TO: Jack Louws, Co FROM: Sheriff Bill Elfc DATE: April 23, 2015 SUBJECT: Supplemental Budget ID# 1967 2015 Boating Safety Program Patrols JFFF PS UNDERSHERIFF ARTEDGE CHIEF DEPUTY .E:.)OUG CI3ADWICK CHIEF DEPUTY S`I= COOLEY CHTEFINSPECTOR WF:DY JO ES CHIEF OF CORRECTIONS The attached Supplemental Budget requests budget authority for 2015 Boating Safety Program Patrols. Background and Purpose The Sheriffs Office is currently the only law enforcement agency in Whatcom County that operates a state approved boating safety program under WAC 352-65. State approved boating safety programs require that certified deputies patrol the waterways during peak recreational boating periods. The Sheriffs Office provides recreational boating safety patrols and enforcement of both county code and state law, and VRF Reserve Accounts funds are needed for water patrols in 2015. Funding Amount and Source $11,447 from the Vessel Registration Fee (VRF) Reserve Account. Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions. Thank you. Our Vision: 'Fhe Office of Sheriff: Dedicated to making Whatcom County the Safest in the State rh.roctgh 1 xcallence in � —11ic Sa.et7. Supplemental Budget Request Status: Pending Sheriff Operations Supp7 ID 9 1967 Fund 1 Cost Center 2960 Originator. Dawn Pierce Expenditure Type: One -Time Year 1 2015 Add'I FTE ❑ Add'i Space ❑ Priority 1 Name of Request: 2015 Boating Safety Program Patrols Dep t Head Signature (l equired on Hard Copy Submission) Date Costs: Object Object Description Amount Requested . -- ----...... - ._ ..._._...-- 6140 Overtime $g g7g 6210 Retirement $517 6230 Social Security $756 6259 Worker's Comp-Interfund $296 Request Total $11,447 1a. Description of request. The Sheriffs Office is currently the only law enforcement agency in Whatcom County that operates a state approved boating safety program under WAC 352-65. The Sheriffs Office provides recreational boating safety patrols and enforcement of both county code and state law. Vessel Registration Fees (VRF) are collected by WA State and allocated to counties by the State Treasurer for approved boating safety/education and law enforcement programs. In accordance with state law, these funds are deposited into an account dedicated solely for supporting the jurisdiction's boating safety programs. 1b. Primary customers: Whatcom County citizens and visitors. 2. Problem to be solved. State approved boating safety programs require that certified officers patrol the waterways during peak recreational boating periods. The Sheriffs Office schedules water patrols during the boating season from Memorial Day weekend through Labor Day weekend on extra -duty overtime basis so as not to adversely impact the regular patrol schedule, and VRF Reserve Account funds are needed for water patrols in 2015. 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: Water patrols will be conducted as required by state approved Boating Safety Program, 4b. Measures: The Sheriffs Office will provide recreational boating safety patrols and enforcement of both county code and state law. 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. Thursday, April 23, 2015 Rpt: Rpt Suppl Regular 12 Supplemental Budget Request Status: Pending Sheriff Operations Supp7 ID # 1967 Fund 1 Cost Center 2960 Originator: Dawn Pierce 6. Funding Source: $ from the Vessel Registration Fee (VRF) Reserve Account. Thursday, April 23, 2015 Rpt: Rpt Suppl Regular 13 VTHATCOM COUNTY SHERIFF'S E BILL ELF'O SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 JF'F PAMS UNDF-RSHERIFF- ART EDGE CHIEF DEPUTY 00"iiG CHADWICK CHIEF DEPUTY S= COOLEY CHIF_F INSPECTOR WENDY JONE CHIEF OF CORRECTIONS Memorandumat. V L Rt'- T. TO: Jack Louws, County Execu ' ' '' as `' f j �....� � FROM: Sheriff Bill Elfo �'=� L , K ._ COUNTY E DATE: April 3, 2015 - SUBJECT: Supplemental Budget ID# 1965 2015 Recreational Boating Safety Grant The attached Supplemental Budget requests budget authority for the 2015 Recreational Boating Safety Grant. Background and Purpose The Sheriff's Office received a Recreational Boating Safety Grant Letter of Award from Washington State Parks and Recreation Commission on March 30, 2015 for the period April 1 through September 30, 2015. This is an annual grant awarded to the Sheriff's Office to conduct on the water patrols during the peak boating period. Funding Amount and Source $18,336 provided by Washington State Parks and Recreation Commission, Recreational Boating Safety Federal Financial Assistance Grant, CFDA No. 97.012. Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions. Thank you. Our Vision! 4he Office of Sheriff: Dedicated to fnaldng Whatcom County the Safest .in the State through .LExcel.lence in Public Safety. Supplemental Budget Request Status: Pending Sheriff Operations supp'! 1a # 1965 Fund 1 Cost Center 1003512006 Originator. Dawn Pierce Expenditure Type: One -Time Year 1 2015 Add'1 FTE iD Add'1 Space ❑ Priority 1 Name of Request: 2015 Recreational Boating Safety Grant 1 a. Description of request: The Sheriffs Office will conduct on the water patrols to increase education and enforcement activities encouraging greater compliance with boating safety laws in an effort to reduce boating -related loss of life, personal injury, and property damage. 1 b. Primary customers: Whatcom County citizens and visitors. 2. Problem to be solved. The Sheriffs Office is currently the only law enforcement agency in Whatcom County that operates a state approved boating safety program under WAC 352-65. The Sheriffs Office provides recreational boating safety patrols and enforcement of both county code and state law. 3a. Options /Advantages: Grant funds are awarded specifically for boating safety education, assistance, and enforcement activities. 3b. Cost savings: Cost savings of $18,336.00 4a. Outcomes: Marine patrols will be conducted during the peak boating period from May to September 2015. 4b. Measures: Written vessel inspections using approved State Parks inspection forms will be completed and submitted. 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 Parks & Recreation Commission, Recreational Boating Safety (RBS) Federal Financial Assistance Grant. Funds originate from Department of Homeland Security, Boating Safety Financial Assistance Program, CFDA No. 97.012. Friday, April 03, 2015 Rpt: Rpt Suppl Regular 15 .7aTF Don Hoch Director STATE OF'u AS€-14P.1G`('ON VVASHINGTON STA-rE PARKS AND RECREATION COMMISSION 1 i I i .srae( Road S,"Al. � P.0. Box 4265 � � lynipia; 'AIA 98504-2,35 0 4 (3f3fj) 902-8,50(1 TDD {'Cc lec oa ;rat : i tier .<s Device '"or the Deaii: (360), 664-3133 www.parks.wa.aou March 30, 2015 Whatcom County Sheriffs Office Mr. Jack Louws 311 Grand Avenue Bellingham, Washington 98225 Re: Recreational Boating Safety Federal Financial Assistance Grant Letter of Award. .Dear Mr. Louws: The Washington State Parks and Recreation Commission has reviewed and accepted your application for a Recreational Boating Safety (RBS) Federal Financial Assistance Grant and is awarding $18,336 to your agency. The grant is for the period April 1 to September 30, 2015. Award Information: Federal Award Identification: 3314FAS 140153 Federal Award Date: 2/3/15 CFDA Number: 97.012 Terms of Acceptance: Acceptance of a Federal Financial Assistance award carries with it the responsibility to comply with the terms and conditions of the award. Acceptance is defined as the start of work, drawing down funds, or accepting the award via electronic means. Awards are based on the application form, as approved by State Parks. The signed grant application contains the terms and conditions to which your agency has agreed. I urge you to carefully review your application (enclosed) so you are familiar with each requirement. Specifically You Have Agreed To: • Provide your agreed upon Local Funding Match as submitted in your A-300 form. • Carry out your approved Prevention Plan and reach the Measureable Prevention Goals as submitted in your A-300 form. • Execute the Patrol Plans / Emphasis Patrols / Enforcement Policies by doing the Activity / Product during the Time Frame / Target Date to achieve your Purpose / Outcome as submitted in your A- 300 form. • Conduct the number of Vessel Safety Inspections as submitted in your A-300 form. • Conduct the number and type of Educational Classes and Activities as submitted in your A-300 form. • Participate and attend the Community Events and Activities as submitted in your A-300 form. • Conduct the Presentations to Groups & Schools as submitted in your A-300 form. • Participate and work with Media to conduct Outreach to Boaters and to execute your Media Plan as submitted in your A-300 form. • Participate and partner with Community Forums as submitted in your A-300 form. • Send State Parks any updated or improved Local Ordinances that reduce boating accidents. • Provide the Instructors listed in your A-300 form if requested by State Parks. • Ensure the "Marine Lead", at a minimum, attends all meetings required / requested by State Parks. • Attend Advanced Training (when offered) and maintain Currency requirements, once they are posted and announced, to ensure compliance with NASBLA Training Standards. • Emphasize enforcement of: o Life jacket requirements; o Mandatory boater education (required to be carried by operators born after January 1, 1955 when operating a motor boat of 15 hp or more and not otherwise exempted); o Boating Under the Influence (BUI); and o "Rules of the Road" and other operating regulations, especially between paddle / human powered vessels and motorized vessels. • Participate in Operation Dry Water in June 2015. Request reimbursement for approved expenditures only. Refer to your Federal Financial Assistance Grant Application (enclosed) for terms and conditions. Your signature on each Marine Lain Enforcement Grant Invoice Voucher^ certifies that your agency has completed the work and has retained copies of all the supporting documentation on file for audit purposes per the commitment in the Federal Financial Assistance Grant Application — Calendar Year 2015 - April I to September 30, 2015. If you have questions regarding contract terms, expenditures, or financial invoice billing, please contact Sherri Sweeney at (360) 902-8845 / sherri.sweeney@parks.wa.gov or Tammy Bahr at (360) 902-8843 tammy_ba_hr@Varks.wa.g v. Sincerely, made Alonzo, B sting Law Administrator Washington State Parks and Recreation Commission Enclosures cc: Hoyle Hodges, Marine Law Enforcement Coordinator Sherri Sweeney Tammy Bahr Contracts Fiscal M:Law Enforcement/Approved Programs/Grants/2015 Grants/2015/Draft Letter of Award — Non :Merged Version 17 Supplemental Budget Request Status: Pending Jail Supp'l ID # �sss Fund 118 Cost Center 118143 Originator. Wendy Jones ----.. .... ...... .------ -- .._ -- Expenditure Type: One -Time Year 1 2015 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Bobcat repair Depa ment Head Signature (Required on Hard Copy Submission) Date Costs: F Object Object Description Amount Requested li -- 4332.1070 Federal Forest -Title III ($6,000) 7060 Repairs & Maintenance $6,000 1 Request Total $p k 1a. Description of request: Replace the engine of the Bobcat used by the Forest Service Work Crew. 1b. Primary customers: Citizens using the Mt. Baker /Snoqualmie National Forest lands. 2. Problem to be solved: The Forest Service Work Crew uses a Bobcat MT55 to clear land for the creation and maintenance of trails and campsites in the Mt. Baker /Snoqualmie National Forest, utilizing funds from a grant through Title III, The Bobcat was taken in to the local Bobcat dealer and we were informed the engine needed to be replaced. Funding is available in the grant for this purpose, and the Forest Service Liaison has approved pulling the money out of the reserve fund to pay for the repair/replacement. Without the Bobcat, the heavy work that is needed to perform the work cannot be done in a safe manner. Cost breakdown: Replacement engine $5000.00 Labor and other supplies : $1000.00 Total cost: $6000.00 3a. Options / Advantages: Discontinue the use of the Bobcat Replace the equipment completely. We have determined that replacing the engine on this piece of equipment is the most cost effective option and will allow us to continue providing this service. 3b. Cost savings: The price of a used or new Bobcat, is estimated to be $15,00 to 25,000.00. The $6000.00 expense for this repair would save between $9000 to $19,000. 4a. Outcomes: An operational Bobcat. Within 2 weeks of bringing the piece of equipment into the shop for repairs. 4b. Measures: The equipment will be repaired and operational. 5a. Other Departments/Agencies: N/A 5b. Name the person in charge of implementation and what they are responsible for. Tuesday, April 28, 2015 Rpt: Rpt Suppl Regular ff.*] Supplemental Budget Request status: Pending Jail SuW t Fund 118 Cost Center 118143 Originator: Wendy Jones N/A 6. Funding Source: Funds for this project will be taken out of the monies in the Forest Service Work Crew reserves. Net cost to the County will be $0.00 Tuesday, April 28, 2015 Rpt: Rpt Suppl Regular ik WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015 82 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 5/12/2015 5/12/2015 Introduction Division Head: 5/26/2015 Finance/Council Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Ordinance amending WCC 2.02 to revise Council meeting rules ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance amending WCC 2.02 to revise Council meeting rules COMMITTEE ACTION.• COUNCIL ACTION.• 5/12/2105: Introduced 7-0 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. N11 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 2015 Ord\Amend WCC 2.02 SPONSORED BY: PROPOSED BY: Rud Browne INTRODUCTION DATE: 5/12/2015 AMENDING WHATCOM COUNTY CODE CHAPTER 2.02 TO REVISE COUNTY COUNCIL MEETING RULES WHEREAS, Whatcom County Code Section 2.02.060 sets forth guidelines for conducting council and council committee meetings; and WHEREAS, an amendment to the Whatcom County Code Section 2.02.060 is necessary to clarify the council's basic rules for discussion and debate; and NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Section 2.02.060 is hereby amended as indicated in Exhibit A to this ordinance. ADOPTED this day of , 2015 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor Carl Weimer, Council Chair ❑ Approved ❑ Denied Jack Louws, County Executive 21 Exhibit A County Council 2.02.060 Meetings — Decorum of debate. A. Any councilmember desiring to speak shall first be recognized by the chair, and shall confine his or her remarks to one subject under consideration or to be considered. The councilmember who has proposed a motion or the committee member who has presented a report shall be allowed the first opportunity to explain the motion or report, and usually is allowed to speak last on it. No member or small group of members shall be permitted to monopolize the discussion on a question. If a member has already spoken and other members wish to speak, they should be recognized in preference to the member who has already spoken on a question. B. Councilmembers shall address each other as "councilmember" and the council chair shall be addressed as "chair." C. Staff members, presenters, and the general public shall be addressed as Mr., Mrs., Ms., or by their official or honorary title. D. When two or more councilmembers desire to speak at the same time, the chair shall name the member who shall have the floor. E. When a councilmember is speaking, no other member shall hold discourse which may interrupt the speaker except to raise a point of order. The chair should insist that every member be attentive to the business before the assembly. F. Councilmembers shall have time to explain any motion they intend to make. All motions will begin with the words, "I move" and must receive a second prior to being put to a vote. FG. When it appears that all councilmembers who wish to speak have done so, the chair shall inquire, "Is there any further discussion?" If there is not, the question is put to a vote. FH. To bring a question to immediate vote, a councilmember may move to close debate. If more than one motion is pending, the motion to close debate should specify the pending motions to which it applies (main motion, motion to amend, etc.). The motion to close debate cannot interrupt a speaker, is not debatable, and requires an affirmative vote by two-thirds of the councilmembers in attendance. The motion to close debate should be used in moderation, as members cannot be expected to maintain interest in an organization if they are frequently denied the right to participate in its deliberations. (Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 22 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015-169 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 5126115 Finance & Admin Originator: 5115115 Svcs Committee and Nan Kallunki Council Agenda r ' �� �'= ✓' �� Division Head Karen S. Goens 5/15/15 �3 .a �q @ e €�" i Dept. Head: Prosecutor: Purchasing/Budget. k Executive: J 1t $ 10 TITLE OF D Master Collective Bargaining Agreement General Teamsters' Local Union No. 231 ATTACHMENTS: May 26, 2015 through December 31, 2016 Master Collective Bargaining Agreement between Whatcom County and General Teamsters Local 231 SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a bearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) 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.) Request approval of May 26, 2015 through December 31, 2016 Master Collective Bargaining Agreement between Whatcom County and General Teamsters Local 231 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. 23 WHATCOM COUNTY ADMINISTRATIVE SERVICES �GpM co G III t4 G HUMAN RESOURCES County Courthouse 311 Grand Avenue, Suite #107 Bellingham, WA 98225-4038 (360) 676-6802 hr@co.whatcom.wa.us Karen Sterling Goens Manager MEMO TO: Councilmembers Barbara Brenner, Rud Browne, Barry Buchanan, Pete Kremen, Ken Mann, Satpal Sidhu, and Carl Weimer w r~ R g CC: Jack Louws, County Executive: FROM: Nan Kallunki, HRAssociate Manager hr'%';Y 15, c:=- DATE: May 15, 2015 r Ftr t„ r> _ SUBJECT: Master Collective Bargaining Agreement The County and Union bargaining teams met regularly throughout the latter part of 2014 and early 2015 to negotiate a successor agreement to the April 8, 2014 through December 21, 2014 Master Collective Bargaining Agreement. When bargaining stalled, the parties sought the help of a mediator and were able to reach a recommended resolution. The attached May 26, 2015 through December 31, 2015 Master Collective Bargaining Agreement, representing nearly half of the County employees, was ratified by 85% of the bargaining unit members that voted. We are now seeking approval of the County Council. The County negotiating team is pleased to recommend a two-year agreement within budget authority while providing long-awaited improvements to wages and medical benefits for employees represented by the Master agreement. Below is a summary of changes to be included in a new agreement: Article Topic Change 3.02e PARKS DEPARTMENT Add "Conservation and Parks Steward" position to the OVERTIME EXCEPTION overtime exception list. 8.04a(1) COUNTY MEDICAL Beginning pay period #12, (June 12, 2015) the County CONTRIBUTION will increase the medical contribution from $1,017.90 to $1,089.50 per month to fund the Washington Teamster's Welfare Trust Plan "B" and optional Plan "Y Time Loss Plan. Memo to Council dated May IS, 2015 24 Page 1 of 2 Article Topic Change 9.02 SICK LEAVE ACCRUAL For new hires, sick leave accruals will begin the first of the month following 80 compensated hours in one calendar month. (Documents current practice.) 18.01 SALARY SCHEDULE No change in 2015 Effective first full pay period in January of 2016, each wage step in all ranges of the 2015 hourly matrix will increase by 5%. 27.01 TERM OF AGREEMENT May 26, 2015 through December 31, 2016. Addendum A POSITION TITLE INDEX Adds positions of • Lead Guardian Ad Litem • Conservation & Parks Steward • Permit Center Specialist • Senior GIS Administrator • Active Directory Administrator Corrects position of • Court Clerk Memo to Council dated May 15, 2015 Page 2 of 2 25 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. m,, 0 # 0 5-,o t Originating Department: Administrative Services — Human Resources Contract Administrator: Nan Kallunki Contractor's /Agency Name: Master Collective Bargaining Agreement— General Teamsters' Local Union 231 Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes No If yes, previous number(s): Is this a grant agreement? Yes No X If yes, grantor agency contract number(s) CFDA # Is this contract grant funded? Yes No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes No X If yes, RFP and Bid number(s) Cost Center: Is this contract excluded from E-Verify? No Yes X If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: _ Contract less than $100,000. X Professional services agreement for certified/licensed professional _ Work is for less than 120 days Contract for Commercial off the shelf items (COTS) _ Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount:(sum of orig contract amt and any prior If a Professional Services Agreement is more than 515,000 or a Bid is amendments) more than $35,000, please submit an Agenda Bill for Council approval $ and a supporting memo. Any amendment that provides either a 10% This Amendment Amount: increase in amount or more than $10,000, whichever is greater, must $ also go to Council and will need an agenda bill and supporting memo. If Total Amended Amount: less than these thresholds, just submit to Executive with supporting $ memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] Collective Bargaining Agreement Term of Contract: May 26, 2015 Expiration Date: December 31, 2016 Contract Routing Steps & Signoff: [sign or initial] [indicate date transmitted] 1. Prepared by Nan_ Kallunki Date_5/_11/15 [electronic] 2. Attorney reviewed_Date ,c [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 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 Date _ Date 5 ,. f� [summary via electronic; hardcopies] Date Date Date Date Last Revised 1/19/12 26 0 ry c {{",A � 0, d� I MASTER COLLECTIVE BARGAINING AGREEMENT By and Between WHATCOM COUNTY GENERAL TEAMSTERS' LOCAL UNION NO. 231 May 26, 2015 — DECEMBER 31, 2016 Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 1 27 TABLE OF CONTENTS Page PREAMBLE..........................................................................................................................9 GENERAL PURPOSE..........................................................................................................9 ARTICLE 1 — UNION SECURITY AND RECOGNITION.......................................................9 Departments Covered................................................................................................9 Exclusions....................................................................................................... 9 Regular Temporaries...........................................................................9 Seasonal Temporaries.......................................................................10 Members in Good Standing......................................................................................10 Non -Discrimination Clause.......................................................................................10 BargainingUnit Work...............................................................................................10 ARTICLE 2 — UNION - MANAGEMENT RELATIONS, DISCHARGE AND SUSPENSION AND NEW HIRE PROBATIONARY PERIOD.............................................11 Authorized Representatives.....................................................................................11 Discharge and Suspension......................................................................................11 Sheriff's Office...............................................................................................11 New Hire Probationary Period..................................................................................11 Sheriff's Office Civil Service Rules...........................................................................11 ARTICLE 3 — WORK SCHEDULE AND DAILY OVERTIME..............................................11 Workweek and Work Schedule................................................................................11 WorkSchedule..............................................................................................11 Modifications.................................................................................................12 Alternative Schedules...................................................................................12 9/80's.................................................................................................13 FlexTime......................................................................................................13 Overtime...........................................................................................................13 Overtime Must be Authorized........................................................................13 Pyramiding of Overtime.................................................................................13 Overtime When Using Accruals....................................................................13 Juvenile Detention........................................................................................13 Parks Department Overtime Exception.........................................................14 Parks Compensatory Time.................................................................14 Workingon a Holiday.........................................................................14 LeadPark Rangers............................................................................14 Public Works Crew Leaders Overtime Exception..........................................14 M & O and Equipment Services....................................................................14 Shift Continuation..............................................................................15 CallBack............................................................................................15 M & O Call Back 15 ................................... .......... I....................... Equipment Services Call Back................................................15 General Emergency — 12-Hour Shifts................................................15 Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 2 Overtimefor < 1.0 FTE's...............................................................................16 Sheriff's Office...............................................................................................16 Outside Maintenance Coordinators....................................................16 ExtendedOvertime.................................................................16 CompensatoryTime...............................................................................................16 Parks' ................................................................................................17 Working Days Not Part of Normal Schedule............................................................17 Facilities Management Scheduling................................................................17 ResponseAfter Hours..............................................................................................17 CallBack...............................................................................................17 Following Completion of Shift.............................................................17 On Saturday, Sunday or Holiday........................................................17 OnVacation.......................................................................................17 M & O and Equipment Services.........................................................17 TelephonicResponse...................................................................................18 Electronic Response.....................................................................................18 Pagers and Cell Phones...............................................................................18 SplitShifts...............................................................................................18 Work Outside of Normal Hours................................................................................18 Working Out of Classification...................................................................................18 Temporary Assignment.................................................................................19 Absence or Tardiness Due to Adverse Weather......................................................19 Juvenile Detention Shift Bidding...............................................................................19 JailClerk III Shifts...............................................................................................19 ARTICLE 4 — LUNCH AND REST BREAKS......................................................................19 WorkBreaks...............................................................................................19 RestBreak...............................................................................................19 LunchBreak...............................................................................................19 Meals During Custodial Care...................................................................................20 CustodianLunch Break............................................................................................20 No Increase to Compensation Costs.............................................................20 Cancellation Waiver......................................................................................20 Facilities Maintenance Lunch Break.........................................................................20 No Increase to Compensation Costs.............................................................21 CancellationWaiver......................................................................................21 ARTICLE5 — SENIORITY...............................................................................................21 Definitions...............................................................................................21 CountySeniority............................................................................................21 Bargaining Unit Seniority...............................................................................21 DepartmentSeniority....................................................................................21 DivisionSeniority..........................................................................................21 Seniority Following Transfer to Another Department/Division..................................22 Dovetailing of Seniority Following Merger/Consolidation..........................................22 Lossof Seniority...............................................................................................23 Transfer to Position Outside Bargaining Unit...........................................................23 Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 3 29 ARTICLE 6 — LAYOFF & RECALL....................................................................................23 Layoffs...............................................................................................23 Bumping...............................................................................................23 Notice...............................................................................................23 Divisions...............................................................................................23 SeniorityAccrual...........................................................................................23 Return to Original Department/Division.........................................................24 BumpingRights.............................................................................................24 StepPlacement.............................................................................................24 SheriffsOffice...............................................................................................24 Recall...............................................................................................24 Noticeof Recall.............................................................................................25 ARTICLE 7 — JOB ASSIGNMENTS, POSTINGS AND OPENINGS...................................25 JobAssignments...............................................................................................25 JobPostings...............................................................................................25 Job Postings Outside Bargaining Unit...........................................................25 Job Postings for Sheriff's Office Staff............................................................25 Openings...............................................................................................26 Qualified Applicants......................................................................................26 ProbationPeriods.........................................................................................26 ReturnRights.....................................................................................27 Probationary Period Extensions.........................................................27 Openings in Public Works.............................................................................27 Certification in M & O and Equipment Services.............................................27 Openings for Juvenile Probation Officers......................................................27 Openings for District Court and Probation Staff............................................28 Definition of Supervisor.................................................................................28 Openings for Sheriff's Office Staff ................................ .............:................... 28 Opening Vacancies to Bargaining Unit Employees Before the General Public ......... 28 Provisional Appointments.........................................................................................28 EmployeeApplications.............................................................................................28 Ability to Cross Border.............................................................................................29 Employees on Payroll on July 8, 2008..........................................................29 Driver's License...............................................................................................29 ARTICLE 8 — HEALTH AND WELFARE BENEFITS.........................................................29 EligibilityCriteria...............................................................................................29 Eligibility for Employees on Payroll on 5/4/93................................................29 TrustTerms...............................................................................................29 Health& Welfare...............................................................................................30 Medical.............................................................................. I ................ 30 Dental...............................................................................................30 Vision...............................................................................................30 Life...............................................................................................30 Waiver of Contribution...................................................................................30 PlanD Time Loss..........................................................................................30 Maintenance of Benefits...........................................................................................30 Medical Contributions...................................................................................30 Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 4 30 CountyContribution...........................................................................30 Employee Contribution.......................................................................30 Dental, Vision, Life, and Waiver of Contribution............................................30 Non -Trust Plans...............................................................................................30 Flex125...............................................................................................31 Medical Advisory Committee....................................................................................31 Retirement Health Savings Plan..............................................................................31 Re-Opener...............................................................................................31 ARTICLE9 — SICK LEAVE...............................................................................................31 Eligibility Criteria..............................................................................I................31 Eligibility for Employees on Payroll on 5/4/93................................................31 AccrualRate ................. ..........................................................31 Employees Appointed to < 1.0 FTE..............................................................32 Layoff Impact on Accrual...............................................................................32 MaximumAccrual.........................................................................................32 SickLeave Usage...............................................................................................32 Proofof Illness..............................................................................................32 Notification to Supervisor..............................................................................32 Registering Spousal Equivalents...................................................................32 Sick Leave Sharing Program........................................................................33 Compassionate Leave..................................................................................33 Excess Sick Leave Contribution....................................................................33 SeparationCashout...............................................................................................33 Employees Hired Before May 15, 1984.........................................................33 ARTICLE10 — LEAVES...............................................................................................33 FamilyLeave...............................................................................................33 Physician Certifications.................................................................................34 Maternity -Disability Leave........................................................................................34 PaternityLeave...............................................................................................34 JuryDuty...............................................................................................34 CivilLeave...............................................................................................34 BereavementLeave...............................................................................................34 MilitaryLeave.....................................................................................I.........35 Workers' Compensation...........................................................................................35 Off -the -Job Injury/Illness..........................................................................................35 ARTICLE 11 — UNEMPLOYMENT COMPENSATION.......................................................35 ARTICLE 12 —14 HELD IN RESERVE..............................................................................35 ARTICLE15— PAID HOLIDAYS........................................................................................35 Eligibility Criteria...............................................................................................35 Employees Appointed to < 1.0 FTE..............................................................35 Eligibility for Employees on Payroll on 5/4/93................................................36 HolidaySchedule...............................................................................................36 HolidayTiming..............................................................................................36 StateRequirement...............................................................................................36 Whatcom County Master CBA — 5/26/15 — 12/31/16 Page 5 0i Pay for Work Performed on Holidays ............. :......................................................... 36 Parks & Recreation and Juvenile Detention..................................................36 Juvenile Detention Holidays.....................................................................................36 PersonalHoliday...............................................................................................36 NewHire Eligibility........................................................................................36 Employees Appointed to < 1.0 FTE..............................................................37 Compensation and Use.................................................................................37 Sheriff's Office 4/10 Holidays...................................................................................37 ARTICLE16 — VACATION...............................................................................................37 Eligibility Criteria...............................................................................................37 NewEmployees............................................................................................37 Eligibility for Employees on Payroll on 5/14/93...........................................I...37 Accrual...............................................................................................37 Employees Appointed to < 1.0 FTE..............................................................38 Monthly Vacation Accrual Anniversary Date.................................................38 Accrual for Employees Hired Prior to January 1, 1994.......................38 MaximumAccrual.........................................................................................38 Scheduling................................................................................I..............38 Public Works Work Units...............................................................................38 HealthClerical...............................................................................................39 Sheriff's Office Scheduling......................................................39 Scheduling Limitation.........................................................................39 Annual Cashout by Mutual Agreement.....................................................................39 SeparationCashout...............................................................................................39 NewEmployees............................................................................................39 ARTICLE 17 — AUTHORIZATION FOR INITIATION FEES & DUES.................................40 ARTICLE 18 — SALARY SCHEDULE................................................................................40 SalarySchedules...............................................................................................40 StepPlacement.............................................................................................40 StepMovement.............................................................................................40 ContractMinimums.......................................................................................40 PerformanceEvaluation...........................................................................................40 EvaluationReview........................................................................................41 Unsatisfactory Evaluation..............................................................................41 PayRange Placement.............................................................................................41 PositionPay Ranges...............................................................................................41 Promotion...............................................................................................41 Reclassification.............................................................................................42 Promotion & Reclassification Step Placement..............................................42 Position Realignment....................................................................................42 Additional Considerations..................................................................43 Voluntary Move to a Lower Position..............................................................43 ARTICLE19 — LONGEVITY...............................................................................................43 ARTICLE 20 — SEPARABILITY AND SAVINGS................................................................43 Whatcom County Master CBA - 5/26/15 - 12/31/16 Wage 6 32 ARTICLE21 — UNION ACTIVITY.......................................................................................43 ARTICLE 22 — GRIEVANCE PROCEDURE AND ARBITRATION.....................................44 Grievance...............................................................................................44 InitialFiling...............................................................................................44 GrievanceWritten Down...............................................................................44 Non -Binding Mediation..................................................................................44 Arbitration...............................................................................................44 Hearing Commencement..............................................................................44 Arbitrator's Fees............................................................................................45 TimeLimitations............................................................................................45 No Work Stoppage, Slowdown, Boycott or Lockout......................................45 ArbitrationVenue..........................................................................................45 Arbitration Powers.........................................................................................45 Electionof Remedies...............................................................................................45 Sheriff's Office Election of Remedies............................................................45 ARTICLE 23 — NOTIFICATIONS TO UNION......................................................................46 Notification to Union of Postings and New Positions................................................46 Notification to Union of New Hires............................................................................46 Position Title Changes.............................................................................................46 ARTICLE 24 — MANAGEMENT RIGHTS...........................................................................46 ARTICLE 25 — SUBCONTRACTING..................................................................................46 ARTICLE 26 — GENERAL PROVISIONS...........................................................................47 Electronic Funds Transfer........................................................................................47 Changes...............................................................................................47 Waiver...............................................................................................47 EmergencyCessation...................................................................................47 Gloves, Coveralls, Rain Gear and Safety Equipment...............................................47 Coveralls...............................................................................................47 RainGear...............................................................................................47 Uniforms...............................................................................................47 Public Works Tool Allowance...................................................................................47 JobShares...............................................................................................47 BulletproofVests...............................................................................................48 Clothing Repair, Reimbursement & Replacement....................................................48 Independent Union Committee.................................................................................48 ResidentPark Rangers............................................................................................48 Sheriff's Office Shots...............................................................................................48 ARTICLE 27 — CONTRACT DURATION............................................................................48 ADDENDUM A — POSITION TITLE INDEX........................................................................50 ADDENDUM B — 2013-2014 SALARY MATRICES............................................................52 Whatcom County Master CBA — 5/26/15 — 12/31/16 Page 7 33 LETTER OF UNDERSTANDING #1 — TEMPORARY WITH BENEFITS ............................54 LETTER OF UNDERSTANDING #2 — JOB SHARE AGREEMENT...................................56 LETTER OF UNDERSTANDING #3 — PT. ROBERTS POSITION.....................................59 LETTER OF UNDERSTANDING #4 — CONFIRMATION OF AGREEMENTS ....................61 ExcludedPositions...............................................................................................61 Attendance...............................................................................................61 PaintStriper...............................................................................................61 Increase of Part -Time Positions...............................................................................61 Health Clerical Conversion.......................................................................................61 Additional Agreements in Settlement for 2015-2016..................................... 61 Opportunity to Bargain............................................................................ 62 Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 8 34 AGREEMENT By and Between WHATCOM COUNTY, WASHINGTON m GENERAL TEAMSTERS UNION LOCAL NO. 231 This Agreement is by and between Whatcom County, Washington, hereinafter referred to as the County, and General Teamsters Union Local No. 231, hereinafter referred to as the Union. GENERAL PURPOSE The County and the Union do hereby reach agreement for the purpose of enhancing the employer -employee relationship and to promote service to the public and the general efficiency, morale and security of the employees. ARTICLE 1 - UNION SECURITY AND RECOGNITION 1.01 Departments Covered. The County recognizes the Union as the exclusive collective bargaining representative for employees employed in the following departments: Administrative Services (Finance, Information Technology, & Facilities Management Divisions only); Assessor; Auditor; County Council (Hearing Examiner clerical only); District Court; District Court Probation; Health (clerical and professional), Parks & Recreation; Planning & Development Services; Prosecuting Attorney (Investigators & clerical only - excluding confidential secretaries); Public Defender (Investigators & clerical only); Public Works (excluding the Ferry), Sheriff (support staff only); Superior Court; Treasurer and WSU Extension (clerical only) in those position titles set forth in Addendum A as they currently exist or as they may be amended, during the life of this Agreement. 1.01a Exclusions. Excluded from the collective bargaining unit are work study students, interns, volunteers, regular and seasonal temporaries, and all other employees not referenced in Addendum A (Position Title Index). This section shall not constitute a bar to either party's rights under RCW 41.56. 1.01a(1) Regular Temporaries. Temporary full time help employed for periods of no more than four (4) months in a calendar year; temporary part-time help working not more than sixty-nine (69) hours in a calendar month; after posting per section 7.02 (Job Postings), temporaries working in a position vacant, or vacated for transfer or promotional purposes; temporaries replacing absent employees Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 9 35 on leave; and Juvenile Detention Officers (for up to eight months) during hiring process and Academy attendance are excluded. 1.01a(2) Seasonal Temporaries. In Planning & Development Services (PDS), Public Works (PW) the four (4) month limitation shall be six (6) months and in Parks & Recreation seven (7) months for seasonal temporaries. Provided, however, this seasonal provision shall not be available if the budgeted full-time Master equivalencies fall below ninety percent (90%) of the departments' budgeted FTE. 1.02 Members in Good Standing. It shall be a condition of employment that all employees of the County covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing and those who are not members on the effective date of this Agreement shall on the 31 st day following the effective date of this Agreement become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered by this Agreement hired on or after its effective date shall on the 31 st day following the beginning of such employment become and remain members in good standing in the Union, provided that, if a public employee is a member of a church or religious body whose bona fide religious tenets or teaching forbid said employee to become a member of a labor union, such public employee shall pay an amount of money equivalent to the regular union dues and initiation fee of the Union to a non -religious charity or to another charitable organization mutually agreed upon by the employee and the Union. If the employee and the Union do not reach an agreement on the non -religious charity to which the Union dues and initiation fees are to be paid, the Public Employment Relations Commission shall designate the charitable organization. 1.03 Non -Discrimination Clause. No employee shall be discharged, suspended or discriminated against for upholding Union principles and any employee working under instruction of the Union or who serves on a committee may do so without losing their position for such activity. There shall be no discrimination against any individual employee of the County or member of the labor organization with whom the County has a bona fide collective bargaining agreement with respect to the hire, tenure, compensation or other terms and conditions of employment because of Union membership or as required by law, except where such constitute a bona fide occupational qualification. 1.04 Bargaining Unit Work. Bargaining unit work shall not be performed by non -bargaining unit personnel except when called for by business conditions. Bargaining unit personnel shall not be laid off or terminated as a result of non - bargaining unit personnel performing bargaining unit work. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 10 36 ARTICLE 2 - UNION -MANAGEMENT RELATIONS, DISCHARGE AND SUSPENSION AND NEW HIRE PROBATIONARY PERIOD 2.01 Authorized Representatives. All collective bargaining with respect to wages, hours and general working conditions of employment shall be conducted by the authorized representatives of the County and authorized representatives of the Union. 2.02 Discharge and Suspension. No employee will be discharged or suspended except for just cause, and prior to any such action being taken against an employee, except in situations where the County determines immediate action is required, the County will first notify the employee and Union in writing, affording them an opportunity to resolve the issue. Notification of all discharge and/or suspensions shall be in writing with a copy sent or given to the affected employee and emailed or faxed to the Union. This section shall not apply to probationary employees, work study students, interns, or temporary help. 2.02a Sheriff's Office. Section 2.02 (Discipline and Suspension) shall not apply to Civil Service employees. No Civil Service employee will be discharged or suspended except as provided by the Rules and Regulations of the Civil Service Commission and as is provided in this Agreement. 2.03 New Hire Probationary Period. New Hires are defined as those employees who have received a probationary appointment in writing to fill a vacant budgeted full-time or part-time position, and who are serving an initial probationary period per section 7.03b (Probation Periods). 2.04 Sheriff's Office Civil Service Rules. Wherever there is a conflict between this Agreement and Civil Service Rules, the Civil Service Rules shall prevail. Nothing contained in this Agreement shall be construed to be contrary to the Whatcom County Civil Service Rules and Regulations and RCW Chapter 41 relative to positions in the Sheriff's Office only. ARTICLE 3 - WORK SCHEDULE AND DAILY OVERTIME 3.01 Workweek and Work Schedule. The workweek for Fair Labor Standards Act purposes shall consist of seven consecutive days beginning on Sunday at 12:00 a.m. and ending on Saturday at midnight. The normal work schedule shall be set by the County as provided herein. 3.01a Work Schedule. The normal work day schedule shall customarily be eight (8) hours per day and five (5) consecutive days per week, except as follows: (1) work scheduling of Juvenile Probation Officers and Detention Staff shall be at the sole and exclusive direction of the Juvenile Court Administrator. Whatcom County Master CBA — 5/26/15 — 12/31/16 Page 11 37 (2) by mutual agreement between the Union and the Executive or his or her designee, employees may have a work schedule consisting of four (4) ten-hour days. (3) Maintenance and Operations crews will generally begin working a 10-hour per day schedule, 4 days per week, beginning the week before Memorial Day and will continue through the week of Labor Day. Under special circumstances, the M & O Superintendent may grant approval to begin 10-hour days earlier and/or end later. Equipment Services mechanics may be assigned 4 days per week, 10-hour days year round. (4) Appraisers will have a choice to elect to work either a 5/8 or 4/10 schedule. Change requests shall be in writing 30 days prior to the start of the next schedule change. The ten (10) hour schedule will be from 7:00 a.m. until 5:30 p.m. including one-half (1/2) hour for an unpaid lunch. The eight (8) hour schedule, and holiday week schedule, will be from 8:00 a.m. until 4:30 p.m. including one-half (1/2) hour for an unpaid lunch. A & B Teams, each including at least one commercial appraiser, will either work Monday through Thursday or Tuesday through Friday and the changes in days off shall occur three (3) times per year on the first (1st) full work week each April, August and December, unless an alternative schedule is mutually agreed upon by an Appraiser and Management. (5) Employees who are required by the County to cross the border to Pt. Roberts to perform work will collaborate with their supervisor to avoid/minimize overtime. The County will reasonably endeavor to pre -schedule the employee's workweek. The parties agree there will be circumstances where overtime (section 3.02) is unavoidable. (6) during a workweek in which a paid holiday occurs, employees working other than the normal eight -hour day, shall revert to the standard five (5) eight -hour day work schedule. 3.01 b Modifications. Any change to employees' existing work schedule(s) or modification(s) of hours which result in a reduction of hours shall be mutually agreed upon between the Union and the Executive or his or her designee except in case of an emergency. Emergency is defined by County Policy POL AD110010Z as currently applied. Modifications to the workweek which result in a reduction of hours shall not be construed to be a "layoff" as provided in Article 6 (Layoff & Recall). The Union shall not unduly withhold its agreement. 3.01c Aliternative Schedules. Either an employee or the County may request the hours and the basic workday or workweek be modified to accommodate alternative schedules by agreement of the Executive or his or her designee when recommended by the department head and agreed to by the affected employee. It is understood and agreed that the County will not make any arbitrary or unreasonable proposals and the employee and/or the Union will not arbitrarily or unreasonably Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 12 withhold its concurrence with modifications proposed by the County. Such agreements shall provide for no reduction in service to the public and must not increase the County's compensation costs. Employees desiring to continue their existing Alternative Work Schedule shall verify that Schedule with his or her supervisor no later than November 30 each year. Any changes to an existing Alternative Work Schedule shall be requested using the Alternative Schedule Agreement form. 3.01c(1) 9/80's. Employees may, by mutual agreement between the employee and the County and for the sole convenience of the County, be alternatively scheduled for 80 hours over a two -week payroll period and such schedule shall not be subject to overtime unless the affected employee works more than 80 hours within the two week payroll period. 3.01 d Flex Time. Upon employee or County request for a temporary modification of schedule and by mutual agreement between the employee and the department head, "flex time" may be used for periodic personal employee matters, to attend meetings or to perform work on behalf of the County. Such agreements shall provide for no reduction in service to the public and must not increase the County's compensation costs. 3.02 Overtime. Overtime at the rate of time and one-half shall be paid to employees who work in excess of their normal scheduled workday or workweek, except work performed in accordance with sections 3.01c (Alternative Schedules) and 3.01d (Flex Time), and as otherwise set forth below: 3.02a Overtime Must be Authorized. No overtime will be worked unless specifically authorized by the department head, or his or her authorized representative. 3.02b Pyramiding of Overtime. There shall be no pyramiding of overtime. 3.02c Overtime When Using Accruals. If an employee is approved to use accrued paid time off on a scheduled workday and the supervisor then "requires or authorizes" the employee to work part or all of the hours claimed as paid time off, any overtime calculation will take into account both compensated and worked hours. (Ex: Employee takes 2 hours of sick leave and works 6 hours. Supervisor requires employee to work an additional hour to complete a project. Employee would receive 2 hours of sick leave, 6 hours of regular pay and one hour of overtime pay). 3.02d Juvenile Detention. Both parties acknowledge that the 7(k) exemption under the FLSA will be utilized for the purposes of determining overtime compensation. An employee must work in excess of 171 worked hours in a twenty- eight (28) day work cycle in order to receive overtime pay. No overtime will be worked unless specifically authorized by the Juvenile Court Administrator or his designee. Employees working a 12-hour shift will shift from days to nights or vice versa every four (4) months starting in December. Section 3.05 (Response after hours) shall not apply to Whatcom County Master CBA - 5/26/1S - 12/31/16 Page 13 39 Juvenile Court detention employees working a 7(k) exemption schedule except that employees shall be paid overtime whenever such hours exceed straight -time hours permitted in section this section 3.02d. 3.02e Parks Department Overtime Exception. Park Rangers, Conservation and Parks Steward, and Maintenance Worker II positions shall be exempt from overtime as outlined in this Agreement and shall work an open week as required. 3.02e(1) Parks Compensatory Time. Compensatory time shall be accrued for positions listed in section 3.02e (Parks Department Overtime Exception) at the rate of one and one-half for each hour worked (as defined in section 3.02 - Overtime) beyond forty (40) in any one (1) "workweek" (which includes Saturday, Sunday or a holiday). The use of compensatory time shall be during slack periods. In no event may the compensatory time bank exceed two hundred forty (240) hours total accrual in any calendar year or at any one time. Overtime pay and compensatory time cannot be requested for hours worked in the same day (ex: four (4) overtime hours worked — employee may not request two (2) hours of overtime pay and two (2) hours of compensatory time). If, for reasons beyond the control of the County, the employee cannot be afforded actual time off, the employee shall then be compensated at the hourly rate times the number of hours accrued. Evaluation of this work schedule shall be made by December 1st of each year. 3.02e(2) Working on a Holiday. Employees that are scheduled to work on a holiday will be scheduled another day off within the same pay period in lieu of having the holiday off. 3.02e(3) Lead Park Rangers. Lead Park Rangers will have access to a County vehicle assigned to the park. In circumstances where a Lead Park Ranger does not live on site, County vehicles shall remain at the Park at the conclusion of the Lead Park Ranger's work day. 3.02f Public Works Crew Leaders Overtime Exception. It is understood and agreed that Road Crew Leaders and the Shop Crew Leader are supervisory employees within the definition of the Fair Labor Standards Act and state law and are exempt from the overtime provisions of the Agreement. Nevertheless, without prejudice or waiver of this statutory exemption, these employees will be compensated in accordance with the collective bargaining agreement for regularly scheduled "overtime", i.e., 12-hour shifts. No additional compensation will be paid to these employees for other work performed in excess of 40 hours per week. These employees will continue to be classified per Addendum A (Position Title Index) and be assigned a County vehicle. 3.02g M & O and Equipment Services. For the purposes of this section, qualifications shall be determined by supervisors based first on employee -assigned equipment and then second by an employee having recently demonstrated the required skills and experience for safely accomplishing the work involved. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 14 Eft When circumstances necessitate changing the routine use of the equipment (ex: snow plow, sander), qualifications shall be determined by supervisors based on seniority of employees having recently demonstrated the required skills and experience, for the modified equipment, for safely accomplishing the work required. There are the following overtime opportunities within these divisions: 3.02g(1) Shift Continuation. For shift continuation, overtime shall be assigned to the qualified applicable crews/employees required to complete required work beyond the normal workday. Other employees will not be called to work if employees currently working are capable of doing needed work when that work is incidental to work in progress. 3.02g(2) Call Back. When calling employees for call back, supervisors shall document the call and if no answer or an employee refuses, they shall call the next employee according to the Order of Call backs. 3.02g(2)a M & O Call Back. For call back, other than a general emergency, the crew that normally performs the work will receive the call back. Order of Call Back for employees not on vacation or sick on a weekday (a new day begins at midnight) and all employees on weekends/holidays will be in the following order: • by crew classification and qualifications, then by seniority from the Interest Sheet. • by classification and qualifications, then by seniority from the Interest Sheet asking from the top (most senior) and forcing from the bottom (least senior). • by crew classification and qualifications, then by seniority from those not on the Interest Sheet. • by classification and qualifications, then by seniority from those not on the Interest Sheet asking from the top (most senior) and forcing from the bottom (least senior). 3.02g(2)b Equipment Services Call Back. For call back, other than a general emergency, order of call back for employees not on vacation or sick on a weekday (a new day begins at midnight) and all employees on weekends/holidays will be in the following order: • by employee seniority with the required qualifications/experience/normal work assignment (eg: marine welding, ferry mechanical, heavy truck, auto, etc.). 3.02g(3) General Emergency — 12-Hour Shifts. When a general emergency has been determined, management and crew leaders will establish staffing for the general emergency and move to 12-hour shifts. Employees are assigned to work one of two 12-hour shifts on an annual basis. For transition purposes, staff currently working will, based on the requirements to accomplish the work: Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 15 41 1. be released from duty before the end of their normal shift with pay for the regularly scheduled shift, or 2. be retained through their assigned emergency 12-hour shift, or 3. work through their normal shift (or beyond) and then be recalled to their emergency 12-hour assigned shift if the need continues. At the end of a general emergency, employees shall revert to eight (or ten) hours of work on weekdays and on weekends and holidays, work will end upon completion of the emergency work. During periods of extreme weather and other such emergencies, employees in the M & O and Equipment Services Divisions who are on vacation and desire to come into work shall be paid the same rates of pay as during a normal work day. 3.02h Overtime for <1.0 FTE's. Less than 1.0 budgeted FTE do not get overtime for working over their normal scheduled workday, but for working over eight (8) hours in a day or their scheduled work day whichever is greater, or forty (40) hours in a week. 3.02i Sheriff's Office. Overtime will be distributed as equally as possible within the Sheriff's Office, however, all overtime will be assigned through the Sheriff's Office based on County needs and employee qualifications. 3.02i(1) Outside Maintenance Coordinators. Overtime shall be distributed as equally as possible each calendar year, starting with the most senior Coordinator and rotating to the next senior Coordinator for the next overtime opportunity. If no Coordinators elect the overtime opportunity in rotation, then the least senior available Coordinator will be ordered in. 3.02i(1)a Extended Overtime. Outside Maintenance Coordinators required to work on overtime for an extended period shall be entitled to a minimum of eight (8) hours' time off before returning to duty. 3.03 Compensatory Time. The provisions of the contract requiring one and one-half times the regular rate of pay do not apply to any employee who requests and is granted compensatory time off in lieu of overtime pay. Compensatory time may not be imposed by the Employer in lieu of overtime pay upon any employee who has not so requested such compensatory time. Compensatory time is accrued at the appropriate overtime rate for each hour of overtime worked. Employees requesting compensatory time in lieu of assigned overtime pay shall have such request granted up to a maximum of twenty-four (24) compensatory hours per calendar year. Additional compensatory time may be mutually agreed to, but an employee may accrue no more than a maximum of eighty (80) hours of compensatory time at any one time. Overtime pay and compensatory time cannot be requested for hours worked in the same day (ex: four (4) overtime hours worked — employee may not request two (2) hours of overtime pay and two (2) hours of compensatory time). By mutual agreement, an employee may cash out Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 16 42 accrued compensatory time at the end of each calendar year. An employee will be allowed to use the comp time within a reasonable period and after making a request, so long as such use does not unduly disrupt the operations of the County. Accrued compensatory time is paid to an employee at the regular rate earned by the employee at the time employee receives such payment. 3.03a Parks. All employees except Park Rangers and Maintenance Worker II positions shall be subject to the compensatory time provision listed in section 3.03 (Compensatory Time) above. See section 3.02e (Parks Department Overtime Exception) for identified Park positions compensatory time language. 3.04 Working Days Not Part of Normal Schedule. Work performed on a Saturday shall be paid at the rate of time and one-half, and work performed on Sunday shall be paid at the rate of double-time, only if those days are not part of the employee's normal work schedule, except as follows: 3.04a Facilities Management Scheduling . It is understood and agreed that there may be certain normal work schedules for Facilities Management which start on a Friday of a week and end on a Saturday; the normal shift starts between 5:00 p.m. and 5:30 p.m. It is further understood and agreed that when such schedules are utilized that the shifts which start on Friday but which end on Saturday a.m. shall be paid at straight time and shall be considered a Friday shift; provided that such shifts do not start after 6:00 p.m. Friday. Except as provided above, both scheduled and unscheduled overtime shall be paid in accordance with section 3.02 (Overtime). All other applicable overtime provisions of section 3.02 (Overtime) shall apply. 3.05 Response After Hours. 3.05a Call Back. 3.05a(1) Following Completion of Shift. Employees called back following completion of a shift shall be guaranteed two (2) hours at the appropriate overtime rate. Call back occurs when an employee leaves work after a regular working day and is subsequently requested to return. 3.05a(2) On Saturday, Sunday or Holiday. Employees called back to duty on a Saturday, Sunday or holiday shall be guaranteed four (4) hours pay at the overtime rate listed in section 3.04 (Working Days not Part of Normal Schedule) and section 15.04 (Pay for Work Performed on Holidays). If work extends beyond four (4) hours, the employee shall be paid the actual hours worked at the overtime rate. 3.05a(3) On Vacation. Employees called back from vacation shall be guaranteed four (4) hours at the rate of time and one-half, or double time if on a Sunday or Holiday, and return of the vacation day. 3.05a(4) M & O and Equipment Services. Employees in the Public Works M & O and Equipment Services Divisions will be paid call back pay for emergency call outs for sign replacement or road block removal (fallen trees or Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 17 43 mudslides) in the amount of two (2) hours guarantee at the overtime rate rather than four (4) hours as outlined above. When Public Works M & O and Equipment Services employees are notified at least ten (10) hours in advance that they are to report at a different time, such employees shall be paid in accordance with section 3.08 (Work Outside of Normal Hours). 3.05b Telephonic Response. Employees authorized by their department head or designee to telephonically respond remotely to emergencies between the hours of 9:00 p.m. and 6:00 a.m. shall receive one (1) hour minimum pay per incident at the rate of time and one half. 3.05c Electronic Response. Employees required by their department head or designee to remotely respond electronically to expected emails, voicemails, alerts, or other notifications after normal work hours shall receive pay at time and one half only if the time involved with each instance is more than incidental ,(i.e.: exceeds 7.5 minutes). 3.05d Pagers and Cell Phones. Designated Sign Crew, Fire Inspectors, Information Technology, M & O Team Leaders, Road & Shop Crew Leaders, Pt. Roberts Maintenance Worker, Facilities Maintenance, Sheriff ID Technicians assigned to Evidence, and such other staff as required by the County to carry a pager or cell phone and be promptly available for service after normal work hours on a regularly scheduled basis shall be paid as listed in Addendum A (Position Title Index) so long as they are designated to perform such duties. Employees so designated need to be readily available to respond to emergencies. The parties agree for comparability purposes this collective bargaining agreement provides such premium to employees as an element of wages. 3.06 Split Shifts. No employee covered by this Agreement shall be required to work a split shift. This section does not apply when section 3.02g(3) (General Emergency — 12 hour shifts) is applied. 3.07 Work Outside of Formal Hours. Shifts established which require work beyond 6:00 p.m. will have a premium of fifty (50 cents) per hour for all hours worked after 6:00 p.m. and before 7:00 a.m.; provided, that when working a ten (10) hour shift, the premium shall be paid for all hours worked after 6:00 p.m. and before 6:00 a.m. This clause shall not apply to Adult Probation Officers, Planners, Lead Park Rangers, Park Rangers, and Maintenance Worker II positions. The parties agree for comparability purposes this collective bargaining agreement provides a premium to Juvenile Detention Officers and Custodians as an element of wages. 3.08 Working Out of Classification. When an employee is temporarily assigned by his or her department head or designee to higher -level duties of a higher -paid classification, and performs the work without supervision e.g., for vacation and/or sick leave fill-in purposes — not training, the employee shall receive a premium of one dollar and twenty-five cents ($1.25) per hour, or one dollar and seventy-five cents Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 18 ($1.75) per hour if the higher -level duties of a higher -paid classification worked is three or more ranges higher for any hours actually worked in such classification. In Juvenile Detention, employees assigned as temporary shift supervisors must be scheduled to work the entire shift. 3.08a Temporary Assignment. When an employee is temporarily assigned the duties of a lower position, there shall be no reduction in pay. 3.09 Absence or Tardiness Due to Adverse Weather. Employee absence from work or tardiness due to inability to report for work because of severe inclement weather shall be charged in the following order: 1. Flex time per Section 3.01 d (Flex Time) 2. Any accrued compensatory time, 3. Any accrued vacation leave, 4. Personal Holiday, 5. Leave without pay, An employee has the option of taking leave without pay, instead of having the lost time charged against accruals, provided the Payroll Office is notified before the payroll cut-off date. 3.10 Juvenile Detention Shift Bidding. Vacant shifts are bid by seniority and position title, except to facilitate the County's need to maintain a ratio of male to female staff. Employees may be temporarily assigned to another shift to facilitate training or for monitoring of performance. 3.11 Jail Clerk III Shifts. Jail Clerk Ills shall rotate shifts amongst themselves every twelve months provided it may be more frequent dependent upon the needs of the Sheriff's Office. ARTICLE 4 - LUNCH AND REST BREAKS 4.01 Work Breaks. Employees who are not "required" to work by their supervisor during a lunch or rest break are deemed to have been "allowed" to take such lunch or rest break. Rest and lunch breaks may be intermittent as permitted by law. Lunch and rest breaks may not be accumulated or not taken in order to shorten the workday or work week. 4.01a Rest Break. All employees covered by this Agreement shall be allowed a paid rest break .(coffee break) of fifteen (15) minutes approximately halfway through the first and second half of each shift. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 19 45 4.01 b Lunch Break. An unpaid lunch break of not less than thirty (30) minutes nor more than sixty (60) minutes shall be allowed and begin no earlier than two (2) hours and no later than five (5) hours after the start of the shift or as otherwise required/permitted by law. 4.02 Meals During Custodial Care. Employees required to remain on duty in order to maintain judicial custodial care of persons in their direct charge in Juvenile Detention or off site with a work crew, shall be permitted to observe a thirty (30) minute lunch while on County time provided there is no relief provided to permit the employee a duty free lunch. 4.03 Custodian Lunch Break. Custodians who regularly work the "night shift" schedule and whose responsibilities do not require them to be available for public and departmental requests will be allowed, upon request, to forfeit their unpaid thirty (30) minute lunch period and in its stead use their two (2) paid fifteen (15) minute rest breaks as the lunch period as long as: a. When a "night shift" work schedule is utilized, it is agreed that eight (8) hours including lunch time (rest breaks) will be paid at the straight time hourly rate. b. The only break from work will be the lunch period as stated in this section 4.03 c. Working continuously does not cause safety issues, such as increased incidence of injury. d. During shifts when power equipment will be used continuously, such as carpet cleaning and floor buffing, the hours of work shall revert to normal contract provisions. 4.03a No Increase to Compensation Costs. Section 4.03 (Custodian Lunch Break) must not increase the County's compensation costs directly, indirectly or incidentally. 4.03b Cancellation Waiver. Both parties reserve the right to cancel the application of Section 4.03 regarding Custodian Lunch Breaks at any time following a fourteen (14) day written notice, or immediately if any determination is received to indicate that this waiver is unlawful or held to be invalid. 4.04 Facilities Maintenance Lunch Break. Due to the nature of the work performed, Facilities Maintenance employees working a shift between the hours of 7:00 a.m. and 5:00 p.m. shall combine their paid rest breaks with an unpaid thirty minute lunch break near the middle of the workday. Whatcom County Master CSA — 5/26/15 — 12/31/16 Page 20 a. During shifts when certain types of equipment or work could be dangerous to perform without a break, an employee returning from an injury, an employee suffering from a chronic injury, or other reason which does not allow for continuous work without a break, the parties agree to adhere to the work break language in Section 4.01 (Work Breaks). b. Instances involving an injury will require appropriate doctor certification. 4.04a No Increase to Compensation Costs. Section 4.04 (Facilities Maintenance Lunch Break) must not increase the County's compensation costs directly, indirectly or incidentally. 4.04b Cancellation Waiver. Both parties reserve the right to cancel the application of Section 4.04 (Facilities Maintenance Lunch Break) regarding facilities maintenance lunch breaks at any time following a fourteen (14) day written notice, or immediately if any determination is received to indicate that this wavier is unlawful or held to be invalid. ARTICLE 5 - SENIORITY 5.01 Definitions. 5.01a County Seniority. County Seniority is defined as the length of continuous regular service in the employ of Whatcom County. 5.01 b Bargaining Unit Seniority. Bargaining Unit Seniority is defined as the length of continuous regular service within the bargaining unit covered by this Agreement. 5.01c Department Seniority. Department Seniority is defined as the length of continuous regular service in a department covered by this Agreement. 5.01d Division Seniority. Division Seniority is defined as the length of continuous regular service in a division within a department covered by this Agreement. Department Administrative Services Assessor Auditor Council Division Facilities Management Finance Information Technology Appraiser Clerical and all others Elections Recording Licensing Clerical (Hearing Examiner only) Whatcom County Master CBA — 5/26/15 — 12/31/16 Page 21 47 District Court Clerical and all others Department Division District Court Probation Probation Officers Clerical and all others Health Health Professionals Clerical Parks & Recreation None Planning & Development Services Professional Clerical and all others Prosecuting Attorney Investigators Clerical and all others Public Defender Investiaators Clerical and all others Public Works Administration (PW Administration, Accounting Staff, and all others) Engineering (Bridge & Hydraulic, Design & Construction, Engineering Services, River & Flood) Central Shop (M & O, Equipment Services) Stormwater and Natural Resources Sheriff Outside Maintenance Coordinators Division of Emergency Management Clerical and all others Superior Court Probation Officers Juvenile Detention Officers Clerical and all others Treasurer Clerical and all others WSU Extension Clerical 5.02 Seniority Following Transfer to Another Department/Division. An employee who transfers from one seniority unit (department or division) to another at the employee's own request shall lose all seniority in the original department/division and the date of transfer to the new department/division is the employee's new seniority date for purposes of vacation selection, layoff, promotions, etc., within the new seniority unit. Seniority for vacation accrual shall be based on the employee's County seniority date. 5.03 Dovetailing of Seniority Following Merger/Consolidation. in the event of a merger or consolidation of operations covered by this Agreement, the seniority of bargaining unit employees affected by the Whatcom County Master CBA - 5/26/15-12/31/16 Page 22 merger or consolidation shall be dovetailed based on most recent hire date with the County. 5.04 Loss of Seniority. Seniority terminated when the employee quits; is notifying his/her supervisor, is on layoff and which the employee was laid off; does not i leave without prior approval; is laid off for a five (395) calendar days. and the employment relationship shall be fischarged; is absent from work without fails to report for work to the position from eport for work at the end of an authorized period in excess of three hundred ninety- 5.05 Transfer to Position Outside Bargaining Unit. Non -probationary employees who transfer to work for the County in a capacity not within the jurisdiction of this Agreement shall maintain their seniority status in the bargaining unit for a period of six months. Employees returning to the bargaining unit within such six-month period will be reassigned the seniority date they held when they accepted the transfer. Employees returning to the bargaining unit after such six-month period will take the date of return to the bargaining unit as their seniority date. ARTICLE 6 — LAYOFF & RECALL 6.01 Layoffs. In the event the County decides that layoffs are necessary, it is agreed that management will identify the position title to be cut. 6.01a Bumping. The junior full time or part time employee(s) within the position title will then be notified of the layoff. If any such employee is senior to another employee holding a different position title, which is higher or lower in rank within the department, except Public Works, which shall be by Division, and if the laid -off employee is qualified to fill such other position title held by the junior employee within a department, the senior employee may exercise seniority rights to "bump" the junior employee. 6.01 b Notice. The County will make a good faith effort to provide thirty (30) days' notice to employees initially selected for layoff due to reduction in force. This notice provision does not apply to employees who are laid off as a result of bumping. 6.01c Divisions. The following shall apply to the interpretation and application of section 6.01 (Layoffs) above: Department Division Public Works Administration (PW Administration, Accounting Staff, and all others) Engineering (Bridge and Hydraulic, Design and Construction, Engineering Services, and River and Flood) Central Shop (M & O, Equipment Services) Stormwater and Natural Resources 6.01d Seniority Accrual. Employees on layoff status shall continue to accrue seniority during a three hundred ninety-five (395) calendar day period. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 23 i • 6.01e Return to Original Department/Division. Laid off employees accepting positions in a department, except Public Works which shall be by division, other than their current department/division shall have the opportunity of transferring back to their original department/division in seniority order as openings occur within three hundred ninety-five (395) calendar days from layoff. 6.01f Bumping Rights. In the event of a layoff, employees may exercise their bargaining unit seniority to bump into positions held by junior employees in the seniority unit they last moved from, if any, provided: (1) The employee is qualified to fill the vacant position; (2) The employee is the senior person among those in all seniority units given notice of layoff; (3) The employee satisfactorily completes a six (6) calendar month probation period. 6.01 g Step Placement. Employees bumping to a lower range will maintain at least their current rate of pay for the first sixty (60) days. After sixty (60) days, if their current rate of pay is above the top step of the range they are bumping into, their rate of pay will decrease to the top step of the range they are bumping into otherwise, employees bumping to a lower range will be placed in a step which pays them at least equal to the amount they are receiving before they bump. Employees bumping to a higher range will go to the step in the range which affords them a rate of pay at least equal to the amount they are receiving and no less than entry step. No bumping activity will be considered a promotion or reclassification and there will be no percentage increase tied to any bumping activity. 6.01 h Sheriff's Office. The provisions of Article 6 (Layoff and Recall) shall not apply to Sheriff's Office employees in positions that are subject to the Whatcom County Civil Service Rules. 6.02 Recall. Employees with recall rights covered by this Agreement who have been on layoff shall be afforded the opportunity of returning to work in any department covered by this Agreement prior to vacancies being opened to the public, provided: (1) All members who had been laid off in the respective seniority unit have either been recalled to work or have refused to accept a vacant position which was offered them; (2) The employee is qualified to fill the vacant position; (3) The employee is the senior applicant among those who have applied for the vacant position; Whatcom County Master CSA - 5/26/15 - 12/31/16 Page 24 50 (4) The employee satisfactorily completes a probation period per section 7.03b (Probation Periods). 6.02a Notice of Recall. A laid off employee and the Union shall be given written notice of recall by email. Upon written request by an employee, the County will provide notice of recall by U.S. mail. Such employee must respond by phone to such notice within three (3) working days after receipt of the emailed letter, and report to work as directed. If an employee fails to comply with these recall provisions, he/she shall lose all seniority rights. Proof of sent email or mailing shall be sufficient to justify the loss of seniority if the employee fails to comply with these recall provisions. ARTICLE 7 — JOB ASSIGNMENTS, POSTINGS, AND OPENINGS 7.01. Job Assignments. Employees shall be given work assignments or re- assignments by their supervisor within the employee's respective Addendum A position title. When necessitated by business needs, the County shall, in making work assignments or re -assignments, consider employee seniority, qualifications, abilities and preference. Where two or more employees have equal qualifications and abilities the employee with the greatest seniority in the Addendum A position title within their department, except Public Works, which shall be by division, shall be offered the assignment. If the senior employee declines the offer, the assignment shall be offered to the next senior employee, and so on, until accepted or until reaching the least senior employee identified, who shall be given the assignment. 7.02 Job Postings. When vacancies or new jobs occur in positions covered by this Agreement, the County shall post notice of said vacancy for six (6) working days. Job postings shall include job title, range, the date and time for closing, the place to file application materials, the normal work hours, and the supervisor's title. Job vacancies will be posted simultaneously within the applicable seniority unit (department) and the remainder of the bargaining unit covered by this Agreement. Job descriptions for posted positions will be available on line. 7.02a Job Postings Outside Bargaining Unit. Bargaining unit employees who wish to apply for a position outside this bargaining unit before it is advertised to the public may do so by the posted closing date. Applications will be reviewed only if there are no current, eligible and qualified applicants within the unit where the vacancy exists. The County, at its sole discretion, may or may not select employees for any type of opening, or may proceed with a public posting and include the employees in the employment process. This provision shall only apply to job postings outside the bargaining unit. 7.02b Job Postings for Sheriff's Office Staff. The provisions of section 7.02 (Job Postings) shall not apply to Sheriff's Office staff in positions that are subject to Whatcom County Civil Service Rules. Whatcom County Master CBA - 5/26/15-12/31/16 Page 25 51 7.03 Openings. Employees shall be afforded an opportunity to apply for any different posted Addendum "A" position from which he or she may currently occupy. For any posted opening occurring in a different department (except by division for Public Works) employees shall have an opportunity to apply. Openings shall be offered to qualified applicants in seniority order as provided herein. Management at its discretion shall select supervisors. In order to be eligible to apply for a vacancy within the bargaining unit, a new employee to the County must have completed at least one (1) year of work and achieved at least "meets job requirements" on all performance elements. Employees during their first year with the County may be transferred or promoted by the County when no qualified non -probationary employee is selected. 7.03a Qualified Applicants. Qualified applicants for open positions will be considered in the following order before outside candidates are considered: (1) employees within the applicable seniority unit (department); (2) employees in the seniority unit (department) who are on layoff and have recall rights at the time the position is posted; (3) the remainder of the bargaining unit, including any employees outside the seniority unit who are on layoff who have recall rights at the time the position is posted. 7.03b Probation Periods. A reasonable probation shall be as listed below and will be extended by total number of days absent from County facilities for any non - County reason including workers' compensation, FMLA absences or other absences: 1) new hires shall serve a probation period of six (6) months or up to twelve (12) months for positions with cyclical duties in order to be evaluated in all job functions 2) positions without cyclical duties: a. four (4) months for transfers and promotions, b. six (6) months for lead/supervisory, c. six (6) months for recalled employees 3) positions with cyclical duties: a. four (4) up to twelve (12) months for transfers and promotions, b. six (6) up to twelve (12) months for lead/supervisory, c. six (6) up to twelve (12) months for recalled employees 4) successful completion of initial attendance at an Academy for Juvenile Detention and Juvenile Probation Officers, but not less than six (6) nor more than twelve (12) months Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 26 52 5) not less than twelve (12) months for District Court and District Court Probation positions, except District Court Probation Officer positions which must also successfully complete initial attendance at an Academy 6) fifteen (15) months for new hires to Sheriff's Office Civil Service positions. Twelve (12) months for internal transfer between different Civil Service positions in the Sheriff's Office. 7.03b(1) Return Rights. A transferred or promoted employee may return to their former existing position for the longer of twenty-eight (28) calendar days following their first day, or the date their former position is posted to be filled, but no longer than the probation of their new position. Returning employees retain prior seniority. The County does not guarantee return to the same assignments. 7.03b(2) Probationary Period Extensions. Probationary periods can be extended for up to six (6) months with mutual agreement by the Union and the County provided the Union is notified at least ten (10) calendar days prior to the end of the probationary period. 7.03c Openings in Public Works. Within the Public Works department, vacancies shall be filled with the following considerations: (1) The opening shall first be offered to qualified applicants of the work units within the Division in Division seniority order. (2) If not filled from within the Division the opening shall next be offered to qualified applicants within the Department in Department seniority order. (3) If not filled from within the Department, the opening shall next be offered to qualified applicants within the bargaining unit in County seniority. 7.03d Certification in M & O and Equipment Services. Employees holding positions within M & O and Equipment Services which require specialized certification, test or license as identified by the County in order to perform the function, shall, when assigned to such position be placed in an appropriate sub -range. Identified positions requiring specialized certification, test or license are as follows: arborist (1 position) and bridge inspection (2 positions). Employees appointed to any of the aforementioned positions shall not laterally transfer within two (2) years of appointment or certification, whichever is later. 7.03e Openings for Juvenile Probation Officers. The provisions of Article 7 (Job Assignments, Postings and Openings), shall not apply to probation officers in Juvenile. In the case of an opening for a probation officer position, Juvenile Court will consider qualified internal applicants from Juvenile Court before interviewing applicants outside the Department. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 27 53 7.03f Openings for District Court and Probation Staff. The provisions of Article 7 (Job Assignments, Postings and Openings), shall not apply to District Court and Probation staff. Notwithstanding any other provisions of this Agreement, District Court and Probation staff are screened and recommended for hire to the Judges by the District Court & Probation Administrator. District Court and Probation employees are on a probationary period with the department pursuant to Section 7.03b (Probation Periods). Whether the probationary period shall be extended or regular status attained at the end of the probationary period must be agreed on by the employee, the Administrator, and the presiding Judge. The nature of service provided by Probation Officers requires them to have their home phone numbers available to cooperating agencies, as directed, attend after-hours functions and/or perform after-hours Officer services, as authorized. 7.03g Definition of Supervisor. For purposes of Section 7.03b (Probation Periods), supervisory positions are defined to be those positions which directly supervise employees with responsibility for quality and quantity of work, methods and performance evaluations. Also responsible for or makes recommendations on discipline, promotions, hiring, salary changes, terminations and budgets. 7.03h Openings for Sheriff's Office Staff. The provisions of Article 7 (Job Assignments, Postings and Openings), shall not apply in positions that are subject to the Whatcom County Civil Service Rules. In the case of openings in such positions, the Sheriff's Office will consider qualified internal applicants from the Sheriff's Office before considering applicants from this Agreement or outside this Agreement at the Sheriff's discretion. Matters pertaining to promotional exams are covered by the Civil Service Rules. 7.04 Opening Vacancies to Bargaining Unit Employees Before the General Public. When a vacancy occurs in the bargaining unit covered by this Agreement, the County will attempt to first fill the position with a qualified applicant from within the bargaining unit before the position is opened to the public. 7.05 Provisional Appointments. The County may, at its sole discretion, make provisional appointments to an appropriate range, for employees not fully meeting all requirements and qualifications provided such provisional appointment shall be in writing with a copy to the Union. 7.06 Employee Applications. The County agrees that the Union may advance proof, for any employee applying for a posted position, that said employee's education, experience or training meets the County's qualifications and provides them the skills, knowledge and abilities required to perform the duties of the position. The County shall be the judge of employee qualifications and abilities. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 28 54 7.07 Ability to Cross Border. Employees must maintain the ability to cross the Canadian border if they are assigned to a position which may at any time require crossing the Canadian Border. 7.07a Employees on Payroll on July 8, 2008. In the event U.S. employees employed on July 8, 2008 are required to provide documents crossing the border where the cost to the employee would exceed fifty dollars ($50) the County and Union agree to meet and bargain the impact on employees. If an employee employed on July 8, 2008 is unable to maintain his/her ability to cross the border, the County and the Union agree to meet and bargain the impact on said employee(s), if necessary. 7.08 Driver's License. Employees must maintain a valid Washington State driver's license and required endorsements if they are assigned to a position which requires driving. If an employee is unable to maintain his/her ability to legally drive, the County and the Union agree to meet and bargain the impact on said employee(s), if necessary. The County reserves the right to review driver's license status on a periodic basis. ARTICLE 8 - HEALTH AND WELFARE BENEFITS 8.01 Eligibility Criteria. The County agrees to make contributions into the Benefit Trust Funds, in order to provide the benefits outlined in the following sections of this Article on behalf of all full time and part time employees covered by this Agreement who are regularly scheduled to work and compensated at least eighty (80) hours per month, who are not section 1.01 a (Exclusions) employees. Eligibility and contributions for employees newly employed with the County begins on the first of the month following eighty (80) compensated hours in one (1) calendar month of employment. The County obligation shall not exceed an initial two (2) months of contribution to establish coverage under Washington Teamsters Welfare Trust Plans. The term compensation as used herein is defined to be payment of wages for work performed, vacation, accrued sick leave, or other paid leave or income resulting from industrial injury not to exceed twelve (12) months from the date of injury; provided that said work, vacation and/or paid leave must equal or exceed payment for eighty (80) hours in a calendar month. Compensation earned in one (1) month provides benefit coverage pursuant to the Trust. Benefits shall include the employee, spouse and dependent children in accordance with the Washington Teamsters Welfare Trust Plans. 8.01a Eligibility for Employees on Payroll on 5/4/93. Employees on the payroll on May 4, 1993, will remain subject to the eligibility requirement of 50 compensated hours. 8.02 Trust Terms. The County agrees to be bound by the terms of the Trustees of the Trust Funds as required by section 8.01 (Eligibility Criteria). Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 29 55 8.03 Health & Welfare. The County agrees to make monthly contributions towards the following plans: a) Medical. — Washington Teamster Welfare Trust Plan "B". b) Dental. — Washington Teamsters Welfare Trust Dental Plan "B". c) Vision. —Washington Teamsters Welfare Trust Extended Benefit Plan. d) Life. — life insurance through a carrier to be selected by the County for one year's base salary to a maximum of $50,000. e) Waiver of Contributions. — Washington Teamsters Welfare Trust Employee 9-month Disability Waiver of Contributions Extension. f) Plan D Time Loss — Washington Teamsters Welfare Trust Employee $100 per week time loss. 8.04 Maintenance of Benefits 8.04a Medical Contributions 8.04a(1) County Contribution. Beginning the first full month following adoption by the County based on the preceding month's hours, the County shall pay a Cap amount of up to $1,089.50 for plan year 2015 and up to $1,089.50 for plan year 2016 to fund the Washington Teamster Welfare Trust Plan "B" and optional Plan "D" Time Loss Plan. 8.04a(2) Employee Contribution. Should funds designated in section 8.04a(1) (County Contribution) not be adequate to cover the full contribution for Medical Plan B and the optional Time Loss Plan D, payment via payroll deductions in the amount needed to fully fund the contribution for both Medical Plan B and Time Loss Plan D shall be the obligation of the employee. Any employee obligation shall be satisfied through payroll deduction utilizing the Flex 125 program. The Union may give the County 60 days' notice to drop Time Loss Plan D to reduce the amount of any employee obligation. 8.04b Dental, Vision, Life, and Waiver of Contribution. The County agrees to pay the appropriate monthly contribution amount necessary to provide the benefits listed in sections 8.03 b), c), d), and e) (Dental, Vision, Life and Waiver of Contributions) during the life of this Agreement. 8.05 Non -Trust Plans. The County agrees that all information regarding provisions and costs of plans not covered by Teamsters through Federal Taft Hartley Trust Funds shall be made available to the Union within one (1) calendar month of written request from the Union. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 30 56 8.06 Flex 125. All bargaining unit employees are eligible to enroll in the County's Flexible Spending Account Plan (Flex 125). 8.07 Medical Advisory Committee. The County shall establish a Medical Advisory Committee. When the County convenes the Medical Advisory Committee, a union representative and one (1) bargaining unit member, designated by the union, shall be afforded the opportunity to attend the Medical Advisory Committee. 8.08 Retirement Health Savings Plan. The County agrees to make available to bargaining unit members a Retirement Health Savings Plan as provided by the County and in accordance with and as allowed by IRS regulations. 8.09 Re -Opener. Upon 30 days' notice to the County, the Union may open the provisions of this Article 8 (Health & Welfare Benefits) for the purposes of substituting alternative benefit plans or programs for the ones contained in this Article 8 (Health & Welfare). It is agreed that the County shall not incur any additional cost or liability either directly or indirectly by virtue of any substitution of plan or program. Except for the foregoing limit on County liability and cost, the County will not unreasonably withhold its agreement. ARTICLE 9 - SICK LEAVE 9.01 Eligibility Criteria. To be eligible to accrue sick leave as provided herein, employees must receive compensation each month. The term compensation as used herein is defined to be payment of wages for work performed, vacation, accrued sick leave, or other paid leave; provided that said work, vacation and/or paid leave must equal or exceed payment for eighty (80) hours in a calendar month. Income resulting from an industrial injury to a maximum of twelve (12) months from the date of the injury shall also be credited as compensation. 9.01a Eligibility for Employees on Payroll on 5/4/93. Employees on the payroll on May 4, 1993, will remain subject to the eligibility requirement of 50 compensated hours. 9.02 Accrual Rate. Cumulative sick leave shall accrue to all full-time and part-time employees based on their currently assigned, but no more than their budgeted full-time equivalency (FTE), who are compensated at least eighty (80) hours in one (1) calendar month of employment, in the amount of eight (8) hours for each month of employment to a maximum of nine hundred and sixty (960) hours. For new hires, sick leave accruals shall begin the first of the month following eighty (80) compensated hours in one (1) calendar month. 9.02a Employees Appointed to < 1.0 FTE. Employees appointed to less than a 1.0 FTE shall receive such benefits based on their currently assigned, but no more than their budgeted full-time equivalency (FTE). Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 31 57 9.02b Layoff Impact on Accrual. If an employee is on layoff, sick leave shall not accrue during such layoff; however, upon return to work, the sick leave accrual at the time of layoff, minus any cashout, shall be made available to the employee and additional days shall accrue from the first month the employee returns to work. 9.02c Maximum Accrual. In general, one day of sick leave is accrued each month even if an employee has accrued the maximum sick leave permitted under a union contract. An employee, who has accrued nine hundred and sixty (960) hours of sick leave on December 31 of any year, shall be allowed to accrue up to one thousand and fifty-six (1,056) hours of sick leave during the year immediately subsequent. These additional hours of accrual may not be cashed out. The employee's total accrual reverts back to no more than nine hundred and sixty (960) hours at the end of the last pay period of any calendar year. 9.03 Sick Leave Usage. Sick leave shall include time off for the bona fide illness, accident or injury, dentist and doctor appointments of the employee. An employee may use sick leave to care for the child of the employee, or a dependent child as defined by law, with a health condition that requires treatment or supervision or for the care of an employee's spouse, domestic partner, registered spousal equivalent (40 hour maximum), parent, parent -in-law or grandparent with a serious health condition or an emergency condition. Family members are as defined by RCW 49.12. Use of sick leave other than the purposes outlined in this Article may result in disciplinary action. 9.03a Proof of Illness. Upon reasonable request by the County, employees shall provide proof of illness. 9.03b Notification to Supervisor. It is the employee's responsibility to notify their supervisor of their inability to work because of illness or injury prior to the beginning of the work day. In the event no sick leave notification is made prior to the beginning of the work day or per department/division policy/practice the department head shall consider and handle the employee's absence as an absence without pay, unless it was impossible to make or cause such notification. In the case of an illness which will result in a protracted absence, a letter from the doctor giving an anticipated return date will waive the daily notification requirement, but may not waive statutory leave notification requirements. 9.03c Registering Spousal Equivalents. Employees must register their spousal equivalent with Administrative Services — Human Resources on the appropriate form before being able to utilize accrued sick leave. 9.03d Sick Leave Sharing Program. The County agrees to allow a yearly donation maximum of twenty-four (24) hours under the County's Sick Leave Sharing Program. This section is not subject to the grievance procedure. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 32 0 9.03e Compassionate Leave. Employees may donate accrued vacation leave to employees for the serious health condition (as defined by FMLA) of the employee or as otherwise provided by County policy. This section is not subject to the grievance procedure. 9.03f Excess Sick Leave Contributions. Employees who have at least 960 hours in their sick leave bank at the beginning and end of the calendar year (or at the beginning of a calendar year and upon termination in that same year) are eligible to receive a Retirement Health Savings (RHS) contribution based upon a portion of the hours accrued but not used during the year. Sick leave hours accrued to a maximum of forty-eight (48) hours may be eligible for partial contribution to a Retirement Health Savings Plan if less than forty-eight (48) hours of sick leave are used that year. Calculation is based on 25% of eligible hours, paid at the hourly rate at year end. Hours used in this calculation are no longer available to the participant. 9.04 Separation Cashout. An employee with three (3) or more years of current continuous employment with the County shall be entitled to cashout upon termination in the amount of twenty-five percent (25%) of their sick leave bank at the time of termination; provided, however, such employee has given at least two weeks' notice prior to termination; and provided further, that this section shall not apply to any employee terminated for cause. 9.04a Employees Hired Before May 15, 1984. An employee hired before May 15, 1984, with three (3) or more years of current continuous employment with the County shall be entitled to cashout upon termination in the amount of fifty percent (50%) of their sick leave bank at the time of termination; provided, however, such employee has given at least two weeks' notice prior to termination; provided further, that this section shall not apply to any employee terminated for cause. ARTICLE 10 - LEAVES 10.01 Family Leave. The County agrees to provide leave to any eligible employee covered by this Agreement, consistent with the Washington State Family Leave Laws and the Federal Family and Medical Leave Act (FMLA). Employees eligible for statutory leave (ie. FMLA, Washington Family Leave Laws, etc.) shall use all accrued paid leave available concurrent with any claimed statutory leave, except Workers' Compensation per section 10.08. At the employee's option, they may retain up to forty (40) hours of accrued leave. Employees who have not used a total of four hundred eighty (480) hours (pro- rated based on FTE) of statutory leave (paid or unpaid) during County employment, will not be required to use accrued vacation time, personal holiday or sick leave before using unpaid FMLA leave. 10.01a Physician Certifications. The County may require physician certifications in accordance with state and federal guidelines. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 33 59 10.02 Maternity/Disability Leave. Sick leave shall include time off for maternity/disability leave. In the event sick leave is exhausted before the employee returns to work, any vacation or other paid leave which has accrued must be utilized before approval of any leave without pay is considered by the County. if leave pursuant to this provision would also qualify as leave under any federal or state laws, including the Federal Family and Medical Leave Act or any applicable Washington state laws, the period of leave will apply toward the employee's entitlement to leave under any applicable laws consistent with Article 10 (Leaves). Unless the birth mother chooses to invoke FMLA, a birth mother's period of temporary pregnancy -related disability shall not be deducted from the FMLA leave entitlement. 10.03 Paternity Leave. Sick leave to a maximum of forty (40) hours shall be available for use by an employee at the time of delivery of a child by their legal spouse. 10.04 Jury Duty. When a regular employee covered by this Agreement is called upon for jury service in any municipal, county, state or federal court, the employee shall advise the department head upon receipt of such call and if taken from work for such service, shall be reimbursed as provided herein for any loss in wages while performing such service so long as the employee has documented jury duty on their timesheet; provided that there shall be deducted from the wages of such employee an amount equal to the amount such employee received for jury duty. 10.05 Civil Leave. Civil leave with pay shall be allowed to permit an employee to testify in any federal, state or municipal court when a subpoena compels such testimony and such testimony is on behalf of Whatcom County or is in connection with a matter in which Whatcom County is a party. 10.06 Bereavement Leave. If an employee suffers a death of a spouse, domestic partner, child or parent of the employee or the employee's spouse (including step), the employee shall be allowed up to five (5) days (not to exceed 40 hours) off without loss in pay and three (3) days off without loss in pay for the death of other immediate family members. Other immediate family is defined to be: registered spousal equivalent, or brothers, sisters, grandchildren or grandparents of either the employee or the employee's spouse, (including step). Employees must register their spousal equivalent with Administrative Services — Human Resources on the appropriate form before being able to utilize bereavement leave. In the event of a funeral or other memorial occurring as a result of the death of a current, lawful brother or sister-in-law, the affected employee may have up to eight (8) hours of paid time off to attend the funeral or memorial if not covered as "other immediate family". For the purposes of bereavement leave only, a "day" is defined as the number of hours an employee is assigned to work for the requested days off. Employees working less than an assigned eight (8) hour schedule shall receive bereavement leave benefits based on their current assignment, but no more than their budgeted full-time Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 34 •E equivalency. Additional days off using accrued vacation, personal holiday, comp time, or leave without pay may also be requested. 10.07 Military Leave. Compensation and benefits during periods of military leave shall be as outlined in state law, USERRA and County policy. Employees must immediately notify his or her supervisor and Human Resources upon notice or receipt of orders requiring an employee to be absent from their job. 10.08 Workers' Compensation. The County agrees to provide leave due to a work -related injury or illness for up to three hundred and sixty-five (365) calendar days consistent with RCW 51 — Industrial Insurance. It shall be the employee's option to use sick or vacation leave to supplement industrial time loss compensation; however, in no event, shall the employee receive a total weekly compensation which would have exceeded their historic straight -time income. 10.09 Off -the -Job Injury/Illness. Employees injured or ill off -the -job shall be afforded return rights for one hundred and eighty-three (183) consecutive calendar days from the date of injury or illness or until expiration of accruals. This period shall include statutory leave rights. ARTICLE 11 - UNEMPLOYMENT COMPENSATION The County agrees to provide unemployment compensation for any employee covered by this Agreement who may be laid off for any reason, consistent with the laws of the State of Washington and the rules and regulations of the Employment Security Department. ARTICLES 12 — 14 — HELD IN RESERVE ARTICLE 15 - PAID HOLIDAYS 15.01 Eligibility Criteria. All full-time and part-time employees regularly scheduled to work at least eighty (80) hours per month shall be entitled to paid holidays (eight (8) hours per occurrence). To be eligible for holiday pay, an employee must have been on the County's payroll in paid status, or on approved voluntary unpaid furlough, for the entire scheduled workday before and after the holiday. Paid status is defined as payment of wages for work performed, vacation, accrued sick leave, other paid leave or income for industrial injury not to exceed twelve (12) months. 15.01a Employees Appointed to <1.0 FTE. Employees appointed to less than a 1.0 FTE shall receive holiday pay based on their currently assigned, but no more than their budgeted full time equivalency. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 35 61 15.01 b Eligibility for Employees on Payroll on 5/4/93. Employees on the payroll on May 4, 1993, will remain subject to the eligibility requirement of 50 compensated hours. 15.02 Holiday Schedule. The following shall be paid holidays: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day before Christmas Christmas Day Personal Holiday 15.02a Holiday Timing. If a holiday falls on a Sunday, the Monday following shall be the observed holiday. If a holiday falls on a Saturday, the Friday before shall be the observed holiday. 15.03 State Requirement. Employees who are required to work, because state law requires an office to remain open on the December 24th County holiday observance, shall receive two (2) days' worth of compensatory time (hour for hour), in lieu of premium pay. The two (2) days off are to be taken at a time mutually agreeable between the employee and the employee's supervisor. 15.04 Pay for Work Performed on Holidays. Work performed on a paid holiday shall be paid at the rate of double time plus the employee's regular straight -time holiday pay, except as follows: 15.04a Parks & Recreation and Juvenile Detention. Parks & Recreation and Juvenile Court detention employees who work on Thanksgiving, Christmas Eve or Christmas Day (the actual holiday, not the County -observed holiday) will be paid the rate of time and one half for all hours worked each of those days between 12:00 a.m. and midnight. 15.05 Juvenile Detention Holidays. Juvenile detention employees shall be paid on a monthly basis after each holiday occurs rather than accrued time off (annual amount = 8 hours X 11 holidays). Personal Holiday may be taken as outlined in section 15.06 (Personal Holiday). 15.06 Personal Holiday. Each employee shall receive one (1) Personal Holiday (eight (8) hours) on January 1 each calendar year which may be taken by the employee upon approval after the employee has notified their supervisor at least one (1) week in advance of the requested holiday. The Personal Holiday must be taken during the year. 15.06a New Hire Eligibility. No employee shall be eligible to receive the Personal Holiday until after completion of 80 compensated hours in three (3) calendar months of employment. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 36 62 15.06b Employees Appointed to <1.0 FTE. The personal holiday for employees assigned to less than a 1.0 FTE shall be prorated based on their currently assigned, but no more than their budgeted full-time equivalency on January 1 of the calendar year. 15.06c Compensation and Use. Personal holidays must be taken during the year earned to receive compensation for this benefit, and cannot be cashed out upon separation. Due to business needs, employees who are not allowed to take their Personal Holiday within the calendar year it is earned, shall take the Personal Holiday in the following calendar year. 15.07 Sheriff's Office 4/10 Holidays. Selected positions may be required to work a 4/10 schedule in order to accommodate the needs of the Sheriff's Office. These positions will accrue holidays at the rate of 7.34 hours per eligible month up to 88 hours (11 days @ 8 hours). These days shall be scheduled as vacation consistent with section 16.03c (Sheriff's Office Scheduling) and 16.03d (1) (Scheduling Limitations), except that employees are required to schedule ten hours of vacation on Thanksgiving, the day before Christmas and Christmas Day. ARTICLE 16 - VACATION 16.01 Eligibility Criteria. All full-time and part-time employees regularly scheduled to work at least eighty (80) hours per month are eligible to accrue vacation, provided employees must receive compensation each month. The term compensation as used herein is defined to be payment of wages for work performed, vacation, accrued sick leave, or other paid leave, provided that said work, vacation and/or paid leave must equal or exceed payment for eighty (80) hours in a calendar month. Income resulting from an industrial injury to a maximum of twelve (12) months from the date of the injury shall also be credited as compensation. 16.01a New Employees. New employees shall be eligible for paid vacation after completing six (6) months of service as a regular employee. 16.01 b Eligibility for Employees on Payroll on 5/4/93. Employees on the payroll on May 4, 1993, will remain subject to the eligibility requirement of 50 compensated hours. 16.02 Accrual. Eligible employees shall accrue vacation on a calendar month basis. The, amount of vacation earned for each calendar month shall be determined by the number of years of continuous service completed by the employee immediately prior to the commencement of the calendar month in accordance with the following chart: During the Following Years of Service Hours of Vacation 0-1 years 6.67 hours Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 37 63 2 years 7.34 hours 3 years 8.00 hours 4 years 10.00 hours 5-7 years 11.34 hours 8-9 years 12.00 hours 10 years 13.34 hours 11 years 14.00 hours 12 years 14.67 hours 13 years 15.34 hours 14 years 16.00 hours 15 years 16.67 hours 16.02a Employees Appointed to < 1.0 FTE. Employees appointed to less than a 1.0 FTE shall accrue vacation benefits based on their currently assigned, but no more than their budgeted full-time equivalency (FTE). 16.02b Monthly Vacation Accrual Anniversary Date. For employees hired on or after January 1, 1994, the first of the month of the employee's anniversary date will be used for vacation accrual purposes. 16.02b(1) Accrual for Employees Hired Prior to January 1, 1994. The monthly vacation accrual for employees hired prior to January 1, 1994, will be based on the years of service they would have been given credit for on January 1, 1994, had the annual vacation accrual schedule remained in effect. January 1 will be the anniversary date for future vacation accrual for employees hired prior to January 1, 1994. 16.02c Maximum Accrual. Employees may accrue and carry forward a maximum of 240 hours vacation on the last pay period of any calendar year. Unused vacation in excess of 240 hours on the last pay period of any calendar year at the end of the day shall be forfeited. Employees who have a previously approved vacation cancelled in writing by Management due to a County emergency and are not allowed to reschedule before the end of the year are eligible to have those hours carried over if they would otherwise forfeit those hours. 16.03 Scheduling. Vacations may be taken by the employee at any time during a calendar year following selection from a vacation chart, by seniority. Such vacation chart is to be posted by the department allowing all employees to make selections. Vacation may also be scheduled after seniority vacation bidding on a first -come, first - serve basis as mutually agreed between the employee and his/her department head or designee. Application of seniority shall be separate for each department covered by this Agreement, except in the Public Works Department where seniority shall be separate for each Work Unit of the Department. The Employer reserves the right to restrict the number of employees on vacation at any one time to maintain operational efficiency, provided that such restrictions are reasonably administered. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 38 M 16.03a Public Works Work Units. There shall be a separate vacation schedule for each Work Unit within Public Works: Division Work Unit • Administration PW Administration, Accounting Staff, Solid Waste • Engineering Engineering Administration, Design/Construction, Traffic, Development, Environmental, River & Flood • Central Shop M & O, Equipment Services • Stormwater Stormwater 16.03b Health Clerical. Requests for leave shall be in writing on a leave request form and must be approved in advance by the employee's supervisor. In the event of conflicts between employee's requests for leave, the employee first requesting leave shall prevail. 16.03d Sheriff's Office Scheduling. Vacations may be bid by seniority, in one -week blocks, two weeks at a time per Sheriff's Office policy/practice. Starting January 1, 2014, vacation may be bid based on anticipated accruals and used as accrued and approved. 16.03d(1) Scheduling Limitation. Employees assigned to Outside Maintenance Coordinator, ID Technician (Evidence) and Clerk III (Jail) may be limited by the Sheriff to not more than one employee off from each area during any one week. 16.04 Annual Cashout by Mutual Agreement. By mutual agreement between the employee, the department head and the Executive or his or her designee, employees shall be allowed to cash out up to forty (40) hours of vacation per year. 16.05 Separation Cashout. When an employee terminates or is terminated, such employee shall receive pay for accrued but unused vacation to the date of severance of employment. 16.05a New Employees. When employment is terminated before the end of the initial six months of service, employees shall not receive accrued vacation pay. ARTICLE 17 - AUTHORIZATION FOR INITIATION FEES & DUES 17.01 For individuals who certify in writing that they authorize such deductions, Union initiation fees and monthly dues shall be deducted from the employee's payroll and remitted to the Secretary -Treasurer of Teamsters Union Local No.231. Accompanying said monies shall be a list of employees, and amounts to be credited on their behalf. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 39 65 17.02 The Union and each employee authorizing the assignment of wages for the payment of Union dues hereby undertake to indemnify and hold the County harmless from all claims, demands, suits or other forms of liability that may arise against the County for or on account of any deduction made from the wages of such employee. ARTICLE 18 - SALARY SCHEDULE 18.01 Salary Schedules. Employees shall be classified pursuant to Addendum A (Position Title Index) and paid pursuant to Addendum B (Wages), which are a part of this Agreement by reference. Effective the first full pay period in January of 2016, each wage step in all ranges of the 2015 hourly matrix shall increase by 5%. 18.01a Step Placement. New employees will generally be placed in the entry level pay step as employees subject to a probationary period as outlined in Section 7.03b (Probation Periods). Provided further, that at the discretion of the department head and, if required, upon approval of the County Executive, an employee may be placed in a higher pay step. 18.01 b Step Movement. Each employee will move per Addendum B to the next higher step the first of the month in which the employee's anniversary/step date falls until they reach the top step. 18.01c Contract Minimums. Wage rates as provided for in this Agreement shall be minimums and shall not preclude the payment of wages otherwise authorized by the Executive. 18.02 Performance Evaluation. Forty-five (45) days prior to each employee's anniversary date the department supervisor or department head will conduct an employee performance evaluation. These evaluations shall be done on an annual basis. Employees shall have an opportunity to review their job duties and content with their supervisor as part of the annual performance review. a) Any employee receiving an overall job performance evaluation of "needs improvement" or "fails to meet job requirements" shall have forty-five (45) days in which to correct the deficiency noted in said employee's evaluation. Prior to the employee's anniversary date the employee may request in writing a re-evaluation. b) Subsequent to a favorable job performance evaluation the supervisor or department head shall recommend advancement to the next pay step. 18.02a Evaluation Review. It is agreed that the Head of Human Resources or a designee and a Union representative will annually review the evaluation system for effectiveness. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 40 18.02b Unsatisfactory Evaluation. In the event an employee receives a "fails to meet" or "needs improvement" overall evaluation pursuant to section 18.02a) (Performance Evaluation), he/she shall be advised in writing by the department head or supervisor. The employee will have ten (10) days in which to file a protest with the Union. The Union will investigate, and, if it is determined that a dispute exists, it shall be submitted in writing within ten (10) days of the date the protest was filed to Human Resources. The Union representative and the Head of Human Resources or designee shall meet within five (5) days in an attempt to resolve the dispute. If mutual agreement cannot be reached, the dispute may be submitted to a panel consisting of three (3) individuals -- one Union Representative, the Head of Human Resources or designee, and one impartial member who shall serve as chairperson of the panel. Should the Union and the Head of Human Resources or designee fail to reach mutual agreement on the selection of an impartial chairperson, each shall submit three (3) names of prospective panel chairpersons. The County shall select one name from the Union list and the Union shall select one name from the County list. The two names will be placed in a container. The third panel member shall be the name drawn from the container and shall be chairperson of the panel. Investigation by the panel shall commence within five (5) days of the date of selection of the impartial chairperson unless otherwise mutually agreed to. Following investigation as to the reason for the unsatisfactory evaluation, the panel shall vote by secret ballot in settling the dispute. Such decision shall be final and binding upon the County and the Union and the employee(s) and shall not be subject to the grievance procedure 18.03 Pay Range Placement. The County shall place employees in a pay range that is consistent with their duties, responsibilities and job content. 18.04 Position Pay Ranges. The pay range established for the positions listed in Addendum A shall only be revised as provided for in this agreement. Disputes regarding proper pay range placement shall be subject to good faith negotiations. Should a range not be available, a new full range will be created which is 4.3% above the entry step of the prior range with steps at 3.8%. The Parties may create partial ranges to address certain circumstances as an alternative to separate premium pay. 18.04a Promotion. In the event of a promotion, an employee shall move to the closest step in the new salary range which awards at least a five percent (5%) increase (but no higher than the top step) over the original salary. The promotion date shall then become the future date for step increases as provided in this Agreement. All promotions are subject to a probationary period per section 7.03b (Probation Periods. 18.04b Reclassification. In the event of a reclassification upward, in accordance with County policy AD14000OZ (addition of significantly higher -level duties), an employee shall move to the closest step in the new salary range which awards at least a five percent (5%) increase (but no higher than the top step) in the new higher salary range. The reclassification date shall become the step increase date as provided in this Agreement. Whatcom County Master CBA — 5/26/15 — 12/31/16 Page 41 67 18.04c Promotion & Reclassification Step Placement. In the event of a promotion or reclassification, an employee shall move to the step in the new range as itemized below. The `top wage step" is defined as the highest step in a given range (step 11 for ranges 101 — 112 and step 10 for ranges 130 — 230) where both wage and longevity have increased over the preceding step. Steps beyond the top wage step only have an increase in the longevity component. • if a 5% increase would place the employee below the top wage step in the new range, the employee is placed in the new range in the step providing at least a 5% increase. The promotion or reclassification date becomes the date from which to determine next step date. ® For employees currently below the top wage step, if a 5% increase would place the employee at or above the top wage step in the new range, the employee is placed in the top wage step. The promotion or reclassification date becomes the date from which to determine next step date. • For employees currently at or above the top wage step, if a 5% increase would place the employee at or above the top wage step in the new range, the employee is placed in their new range at their current step. The last step date will be used to determine future step movement. For promotions or reclassifications, step movement follows the months of service requirement listed for the new Range on the appropriate matrix based on the step date as determined above. 18.04d Position Realignment. The Union may petition the County by August 15 of any year to be effective the following January 1st, for the realignment of positions that meet the conditions defined in this Section. No position shall be realigned more than once during the term of this Agreement, provided; however, for the term of this Agreement only, realignments may occur every other year. "Realignment" shall mean "change in wage range with no change in duties". For positions to be reviewed the petition must demonstrate at least four (4) matches of the bargaining unit position duties, method of compensation, and qualifications to the same position duties, method of compensation, and qualifications in comparable counties and have an hourly wage that is under the average hourly wage of the comparable counties' positions by at least three percent (3%). Comparable counties are: Benton, Cowlitz, Kitsap, Skagit, Thurston, and Yakima. All comparable counties where matches exist must be used. Comparisons will be based on the top step hourly wage. Petition forms shall be completed which includes attachments of the job descriptions and wage tables for the comparison counties used in the petition. Once the County determines the data submitted supports the petition that a position requires realignment, affected employees in the position will be placed in a new higher range (one range higher but not more than the top step of the new range or the top step of the top range) in their current step. The effective date of the realignment shall become the step increase date. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 42 18.04d(1) Additional Considerations. In the administration of section 18.04d (Position Realignment), in the event the County identifies a position as one with documented local recruitment and/or retention difficulties then secondary comparables based on close geographical location and sociological issues may be considered. 18.04e Voluntary Move to a Lower Position. In the event of an employee voluntarily moving to a lower Addendum A position, an employee shall move to the step in the new salary range which provides a reduction as close to five percent (5%) as possible, but not to exceed the top of the new salary range. If the employee is not at the top of the new salary range, they shall retain their current step date. ARTICLE 19 — LONGEVITY Longevity was eliminated as a separate compensation item and added to the base wage where it shall be increased automatically as future wage increases occur. The Parties agree for comparability purposes, this collective bargaining agreement provides such longevity as an element of wages. ARTICLE 20 - SEPARABILITY AND SAVINGS If an Article or Section of this Agreement should be held invalid by operation of law or by any tribunal of competent jurisdiction, the balance of this Agreement shall continue in full force and effect. The Article or Section held invalid shall be modified as required by law or the tribunal of competent jurisdiction, or shall be renegotiated for the purpose of an adequate replacement. ARTICLE 21 - UNION ACTIVITY It is agreed that eight (8) bargaining unit employees will be allowed to participate in negotiations and grievance procedures without loss in pay, providing such time off will not unnecessarily disrupt the operations of the department. Such employees shall receive straight -time pay while participating in negotiating activities not to exceed the employee's normally scheduled work day. The Union will keep Human Resources advised of current members of the negotiating team and shop stewards. ARTICLE 22 - GRIEVANCE PROCEDURE AND ARBITRATION 22.01 Grievance. Grievance as used herein shall mean any dispute or controversy which might arise as to the interpretation or application of this Agreement. All meetings between an employee and management with or without the Union present where disciplinary or grievance issues could be discussed shall be non-public, private meetings of the parties in attendance. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 43 on Ft 22.01a Initial Filing. Employees, with or without their Union representative, after discussing concerns or complaints with their immediate supervisor, must file a grievance as herein defined with their immediate supervisor within thirty (30) calendar days of knowledge of its occurrence or it shall be deemed null and void. Every effort shall be made to settle the complaint at this level. if it is not resolved within five (5) working days after its submission, the matter may proceed to step b. If the Union Representative or County wishes to file a grievance, either may do so at step b below. 22.01 b Grievance Written Down. Within the employee's next three (3) working days after the response in step a, the employee shall reduce the grievance to writing and present it personally or through his or her Union representative to the Human Resources Manager or his or her designee. If not resolved at this level within the next ten (10) working days the matter may proceed to step c. 22.01 c Non -Binding Mediation. By mutual agreement, the parties may seek non -binding mediation through the Public Employment Relations Commission (PERC) to resolve the grievance, without foregoing their rights to arbitration. 22.01d Arbitration. Any grievance submitted and processed in accordance with the grievance procedure provided above may be taken to arbitration by the County or the Union as herein provided. However, prior to arbitration, the County Executive shall be advised of the dispute. Either party may, within five (5) working days after failure to adjust the grievance in section 22.01 b (Grievance Written Down), serve upon the other party written demand for arbitration. The parties shall select an impartial arbitrator within ten (10) working days after service of the demand for arbitration. If the parties fail to agree within this period upon an arbitrator who is able and willing to serve, either party may, within five (5) working days thereafter, request the Federal Mediation and Conciliation Service to submit a list of eleven (11) disinterested persons living in the Northwest who are qualified and willing to act as an impartial arbitrator. From this list the County will strike two names, then the Union two names until the single name remaining is appointed as the arbitrator. 22.01e Hearing Commencement. The arbitrator shall commence the hearing within a reasonable time period after his selection and shall render his award in writing within thirty (30) calendar days after the close of the arbitration hearing. The award of the arbitrator shall be rendered in writing together with his findings and conclusions and shall be final and binding upon the parties to this Agreement and upon the complaining employee and employees, if any. 22.01f Arbitrator's Fees. The arbitrator's fees and expenses, the cost of any hearing room and the cost of the shorthand reporter and of the original transcript, if requested by the arbitrator, shall be borne equally by the County and the Union. All other expenses and costs shall be borne by the parties incurring them. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 44 70 22.01g Time Limitations. The County and the Union agree to comply with the time limitations set forth above and either party shall have the right to insist that the time limitations be complied with; provided, however, said time limitations may be waived by mutual agreement but in no event shall failure to comply with the time limitations set forth above deprive the arbitrator of authority to decide the grievance. 22.01 h No Work Stoppage, Slowdown, Boycott or Lockout. All grievances as herein defined shall be settled in accordance with the procedures outlined above. There shall be no work stoppage, slowdown, boycott, or lockout for any reason regardless of whether the action of either party may be reasonably concluded as violation of this Agreement or any state or federal law during the life of this Agreement. 22.01 i Arbitration Venue. Venue for all grievance arbitrations shall be Whatcom County unless otherwise mutually agreed. 22.01 j Arbitrator Powers. The Arbitrator shall have no power to add to, impute or subtract from or to disregard, nullify or otherwise alter any terms of this Agreement or to negotiate new agreements. Arbitrator powers are limited to interpretations of and a decision concerning appropriate application of the terms of the Agreement or other existing pertinent agreement(s), if any, that the parties have adopted. 22.02 Election of Remedies. In the event an employee elects to substitute a private attorney as their sole and exclusive representative regarding an employment issue with Whatcom County, such election by the employee shall constitute an election of remedies and a waiver of the employee's right to pursue the matter as provided in this Agreement. Additionally, with such an election of remedies, the Union agrees it will not represent such employee post the employee election regarding the matter for which the employee has elected a private attorney and the Union shall not file any Unfair Labor Practice regarding the County recognition of the substitute attorney representative or any matter arising from the issues addressed by the substitute attorney representative. Both the employee and the Union will sign a waiver form agreed to by the Union and the County. All costs related to the employee's election of a private attorney shall be borne solely by the employee. 22.02a Sheriff's Office Election of Remedies. Any action appealed to the Civil Service Commission shall constitute a waiver of pursuing the grievance procedure of this Agreement. Any matter utilizing the grievance procedure may not be appealed to the Civil Service Commission. Whatcom County Master CBA — 5/26/15 — 12/31/16 Page 45 71 ARTICLE 23 - NOTIFICATIONS TO UNION 23.01 Notification to Union of Postings and New Positions. The County shall provide the Union with a copy of all notices that are posted for job applicants and shall advise the Union of all positions open as well as new positions. 23.02 Notification to Union of New Hires. When a new hire is placed on the payroll, the Union shall be advised in writing of the name, address, social security number, date of hire, salary range, step of assignment, and duration of the position. Such notification shall be given within seven (7) days of the hire date. The Union shall be notified in writing within seven (7) days of an employee's termination. 23.03 Position Title Changes. The Union shall be notified when position title changes occur and the effective dates of such change. 24.01 The County retains all rights except as those rights are limited by the express and specific language of the provisions of this Agreement. Nothing anywhere in this Agreement shall be construed to impair the rights of the County to conduct all its business and all particulars except as expressly and specifically modified in this Agreement. 24.02 Nothing anywhere in this Agreement shall be construed to impair the rights of the Union or the County to bargain about any matter not covered by this Agreement which may be recognized under state law as a mandatory subject of collective bargaining. 24.03 The County recognizes the Union's RCW 41.56 right to obtain certain bargaining unit employee information. The Union hereby agrees to indemnify and hold the County harmless from all claims, demands, suits or other forms of liability that may arise against the County for or on account of any use or misuse of employee information provided to the Union by the County. ARTICLE 25 - SUBCONTRACTING Prior to subcontracting work currently performed by bargaining unit employees, the County will give the union 60-days' notice of its intent to do so and, on request, will meet and discuss the decision. During this time period, the County agrees to negotiate the impacts of said decision on bargaining unit employees. The 60-day notice requirement is not applicable if the subcontracting results from an emergency situation, or if bargaining unit employees are not displaced by subcontracting. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 46 72 ARTICLE 26 — GENERAL PROVISIONS 26.01 Electronic Funds Transfer. All newly hired regular employees shall authorize paycheck deposit by electronic funds transfer (EFT) within thirty (30) days of employment. 26.01a Changes. Changes to a different institution or account require four (4) weeks' notice and can be made no more than once per calendar quarter. The County may grant exceptions. 26.01 b Waiver. Employees providing documentation of their inability to open a checking and/or savings account may have this requirement waived. 26.01 c Emergency Cessation. Employees may temporarily stop EFT in emergency situations with at least seven (7) calendar days' notice before a scheduled payday. Employees must restart the EFT within three months. The County may grant exceptions. 26.02 Gloves, Coveralls, Rain Gear and Safety Equipment. The Union agrees that all members shall comply with safety requirements for wearing of hard hats, gloves, safety vests, and other safety equipment when in the field which will be provided by the County as required by specific safety standards or the law. 26.02a Coveralls The County agrees to provide coveralls for mechanics, mower operators, employees of Facilities Management, and those working with herbicides, or those working under extremely dirty conditions on a regular basis in the same fashion as in the past. 26.02b Rain Gear. The County agrees to furnish rain gear for employees assigned to work in the rain, providing that previously issued rain gear be turned in. 26.03 Uniforms. Certain positions require either a full uniform or a shirt with a logo in order to identify County employees to other staff or the public. The County will provide such uniforms as it deems appropriate and employees will wear and clean the uniform as instructed by their supervisor. When replacement is required, an employee separates from County employment, or an employee moves to a position that does not require the provided uniform, the employee shall turn in the uniform to the County. 26.04 Public Works Tool Allowance. Tool allowance was eliminated as a separate compensation item, and added to the base wage where it shall be increased automatically as future wage increases occur and will be applicable to all compensated hours. The Parties agree for comparability purposes, this collective bargaining agreement provides such tool allowance as an element of wages. 26.05 Job Shares. Job shares will be administered per the Letter of Understanding #2 attached hereto. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 47 73 26.06 Bulletproof Vests. Employees who, for safety reasons, are required to wear a bulletproof vest in the performance of their duties, shall make a request to their department head. Consistent with need and availability, such request shall be honored. Once issued, employees shall properly wear and maintain vests as instructed. 26.07 Clothing Repair, Reimbursement & Replacement. Employees who, in the course of pursuing their assignments, suffer a loss or substantial damage to employee clothing, excluding normal wear and tear, shall be reimbursed in a timely fashion from time of notification to the County, the reasonable cost for the repair or replacement of like items at a rate commensurate with the condition of the claimed item. Personal property shall be repaired or replaced up to $35.00 per item. 26.08 Independent Union Committee. The County recognizes that the Union may independently establish an employee committee for the purpose of improving operational efficiencies, morale and to make recommendations on realignment and retention issues in order to give effect to section 18.06c (Position Realignment) of this agreement. The County agrees upon request, it will meet as needed, but not more than quarterly and such mutually agreed follow-up meetings, with the Union for the purpose of discussion and consideration of matters brought forward through the Union's independent employee committee. 26.09 Resident Park Rangers. The parties agree that Park Rangers accepting a position managing a park with a residency requirement as a condition of employment shall reside on the premises in accordance with a Residency Agreement, acceptable to the Union, between the employee and the County. The parties further agree that the Residency Agreement shall be reviewed periodically. 26.10 Sheriff's Office Shots. The following vaccinations or shots will be provided for Sheriff's Office employees on a voluntary basis: Tdap (diphtheria, tetanus, and pertussis), hepatitis A, hepatitis 13, and influenza. The County will provide and pay for follow-up blood tests to see if the hepatitis B shot was effective. New shots may be added as determined by the County Health Officer as prudent for the health of employees. Adverse reactions from mandated shots will be treated according to Labor and Industries standards. 27.01 With the exceptions noted in specific paragraphs, this Agreement, including Letters of Understanding #1 through #4, shall be in full force and effect from M through December 31, 2016, and shall continue in full force and effect from year to year thereafter, unless written notice of desire to cancel or terminate the Agreement is served by either party upon the other at least sixty (60) days prior to the date of expiration. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 48 74 27.02 It is further provided that where no cancellation or termination notice is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in this Agreement, either party may serve upon the other a notice at least sixty (60) days prior to January 1, 2015, or January 1st of any subsequent year, advising that such party desires to continue this Agreement but also desires to revise or change the terms or conditions of such Agreement. THIS AGREEMENT IS EXECUTED THIS 26th day of May, 2015 by the duly authorized representatives of the parties hereto. GENERAL TEAMSTERS UNION LOCAL #231 IS Rich Ewing Secretary -Treasurer APPROVED AS TO FORM: Chief Civil Deputy Prosecuting Attorney WHATCOM COUNTY, WASHINGTON Jack Louws Whatcom County Executive Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 49 75 ADDENDUM A POSITION TITLE INDEX 102.0 Clerk I 105.0 Account Clerk I Clerk II 106.0 Custodian Secretary II 106.1 (Shift) 107.0 Custodian Account Clerk 11 Clerk/Receptionist 108.0 Account Clerk III Cashier/Clerk III Clerk III Court Clerk _ 109.0 Account Clerk IV Clerk IV Legal Assistant I Legal Secretary ► Permit Center Technician I Records Assistant Specialty Court Clerk 110.0 Accounting Technician Calendar Coordinator Clerk V Court Facilitator Court Services Coordinator Division Secretary Drafter/GIS Technician I Facilities Maintenance Specialist Jury Coordinator Legal Secretary II Maintenance Worker II Personal Property Clerk Program Technician Purchasing Assistant Road Maintenance Worker Sr. Clerk Sr. Court Clerk Weed Compliance Inspector 111.0 Accountant I Calendar Clerk Election Technician Legal Assistant 11 Legal Secretary III Permit Center Technician I I Revenue Deputy 1 112.0 Administrative Secretary Coordinator Drafter/GIS Technician II Engineering Technician I Financial Accountant Head Cashier ID Technician Juvenile Detention Officer I Legal Assistant III Mechanic I Permit Center Technician III Revenue Deputy II Survey Technician I Planning Technician 112.1 (12-hour Shift) Juvenile Detention Officer I 112.2 (Rotation 6 to 7) Facilities Maintenance Technician 112.3 (Rotation up to 3) ID Technician (Evidence) 130.0 Appraiser I Coordinator 11 Domestic Relations Coordinator Drafter/GIS Technician III Facilities Assistant Legal Assistant IV Maintenance Worker III Mechanic 11 Office Manager Outside Maintenance Coordinator Revenue Deputy III Sr. Road Maintenance Worker Victim Witness Coordinator 130.1 (Rotation 4 to 5) Sr. Road Maintenance Worker (Sign Crew 130.2 (Rotation up to 3) Sr. Road Maintenance Worker Pt. Roberts 140.0 Applications Technician Engineering Coordinator Engineering Technician 11 Fire Inspector I GIS Specialist I Heavy Equipment Operator Juvenile Detention Officer II Mechanic III Paralegal Plans Examiner I Public Service Inspector I Purchasing Coordinator Sr. Road Maintenance Worker — Basket Truck Solid Waste Specialist Survey Technician 11 140.1 (12-hour Shift) Juvenile Detention Officer II 140.2 (Certification) Heavy Equipment Operator (Bridge Inspector) Sr. Road Maintenance Worker — Basket Truck Arborist 140.3 (Rotation up to 3) Fire Inspector I 140.4 (Rotation 4 to 5) Sign Leader f Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 50 We 150.0 Accountant II Appraiser II Community Health Specialist I Contract Coordinator Investment Officer Operations/AccountingOperations/Accounting Specialist Park Ranger Plans Examiner II Prevention Coordinator Public Service Inspector II Sr. Purchasing Coordinator 150.1 (Too) Allowance) Heavy Duty Mechanic 150.2 (Rotation 4 to 5) Sr. Sign Leader 150.3 (Rotation up to 3) Fire Inspector II 160.0 Appraiser III CASA Volunteer Coordinator Community Health Specialist II Data Applications Specialist Dependency Guardian Ad Litem Domestic Violence Case Spec. Engineering Technician III GIS Specialist II Investigator Juvenile Detention Officer III Planner I Probation Officer I Repair Maintenance III Sheriffs Team Leader Substance Abuse Specialist I Survey Technician III Systems Support Specialist 160.1 (12-hour Shift) Juvenile Detention Officer III 160.2 (Rotation 10+) M & O Team Leader 160.3 (Rotation 6 to 7) Facilities Technical Specialist M & O Team Leader 170.0 Applications Specialist Appraiser IV Community Health Specialist Lead Crime Analyst Plans Examiner III Public Service Inspector III Tax Specialist Lead Guardian Ad Litem 170.1 (Rotation up to 3) Fire Inspector III 170.2 (Fluct. Work Week) Lead Park Ranger 180.0 Applications Administrator Appraiser V Engineering Technician IV GIS Specialist III Investigator II Maintenance/Construction Supervisor Planner II Plans Examiner IV Probation Officer II Program Specialist Substance Abuse Specialist II Systems Administrator Conservation & Parks Steward GIS Administrator 180.1 (Rotation 6 to 7) Facilities Maintenance Lead 180.2 (Rotation up to 3) Systems Analyst I 190.0 Lead Probation Officer Planner III Sr. Public Service Inspector Permit Center Specialist 190.1 (Rotation 10+) Road Crew Leader 190.2 (Rotation 10+ Tool Allow Shop Crew Leader 190.3 (Rotation 6 to 7) Road Crew Leader 190.4 (Rotation 6 to 7 + Tool Allow) Shop Crew Leader 200.0 Engineer I Land Surveyor I Probation Officer III Sr. Enqineering Technician Sr. Survey Technician Sr. GIS Administrator 200.2 (Rotation up to 3) Network Engineer Sr. Systems Administrator Systems Analyst II 210.0 Engineer II Land Surveyor II Sr. Planner 210.1 (Rotation up to 3) Sr. Systems Analyst 220.0 Engineer III Land Surveyor III 230.0 Sr. Engineer Sr. Professional Land Surveyor Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 51 77 ADDENDUM B 2015 HOURLY WAGES Wage Matrix Range 101- 112 2015 Hourly Matrix 3$ muntt8 s�pt38monthsetstepl3repultedtomaveta o#servtc� required Sn mavr� to the next. ]2 mont�ts of setylce to hiave io nekt ste}£ .. �,.. Rz F � -step 14} .:' Rar+gc . Siep`ir ; Steg �; Sfe¢,3 , Step 4, ;; Step S , Step' ,Ste „7, ,;Step 8 „Step � ,Siep;10 ,Step<h1, Step -i2 Step `3�3, ,Step 14 Step t5' Step �5 ` Ste1i i�'; 101.0 $11.43 $11.89 $12.34 $12.83 $13.35 $13.84 $14.62 $15.19 $15.79 $16.45 $16.77 $16.77 $16.85 $16.97 $17.10 $17.23 $17.38 102.0 $11.92 $12.38 $12.85 $13.38 $13.87 $14.40 $15.24 $15.81 $16.45 $17.13 $17.47 $17.47 $17.55 $17.67 $17.80 $17.93 $18.08 103.0 $12.40 $12.89 $13.40 $13.91 $14.44 $15.01 $15.85 $16.47 $17.11 $17.83 $18.18 $18.18 $18.26 $18.38 $18.51 $18.64 $18.79 104.0 $12.92 $13.42 $13.93 $14.50 $15.04 $15.60 $16.50 $17.11 $17.78 $18.53 $18.89 $18.89 $18.97 $19.09 $19.22 $19.35 $19.50 105.0 $13.46 $13.98 $14.54 $15.09 $15.65 $16.27 $17.16 $17.82 $18.53 $19.28 $19.67 $19.67 $19.75 $19.87 $20.00 $20.13 $20.28 106.0 $14.01 $14.57 $15.12 $15.70 $16.30 $16.94 $17.85 $18.54 $19.26 $20.05 $20.44 $20.44 $20.52 $20.64 $20.77 $20.90 $21.05 106.1 $14.49 $15.05 $15.60 $16.18 $16.78 $17.42 $18.33 $19.02 $19.74 $20.53 $20.92 $20.92 $21M $21.12 $21.25 $21.38 $21.53 107.0 $14.61 $15.17 $15.78 $16.36 $17.01 $17.66 $18.60 $19.30 $20.08 $20.89 $21.30 $21.30 $21.38 $21.50 $21.63 $21.76 $21.91 108.0 $15.20 $15.81 $16.42 $17.06 $17.73 $18.38 $19.38 $20.09 $20.88 $21.72 $22.15 $22.15 $22.23 $22.35 $22.48 $22.61 $22.76 109.0 $15.83 $16.47 $17.10 $17.77 $18.44 $19.15 $20.14 $20.90 $21.72 $22.61 $23.05 $23.05 $23.13 $23.25 $23.38 $23.51 $23.66 110.0 $16.51 $17.13 $17.81 $18.50 $19.20 $19.93 $20.98 $21.79 $22.63 $23.56 $24.03 $24.03 $24.11 $24.23 $24.36 $24.49 $24.64 111.0 $17.16 $17.83 $18.54 $19.26 $20.03 $20.78 $21.86 $22.69 $23.58 $24.53 $25.02 $25.02 $25.10 $25.22 $25.35 $25.48 $25.63 112.0 $17.89 $18.59 $19.32 $20.10 $20.86 $21.65 $22.75 $23.62 $24.55 $25.55 $26.06 $26.06 $26.14 $26.26 $26.39 $26.52 $26.67 112.1 $18.18 $18.88 $19.61 $20.39 $21.15 $21.94 $23.04 $23.91 $24.84 $25.84 $26.35 $26.35 $26.43 $26.55 $26.68 $26.81 $26.96 112.2 $18.38 $19.08 $19.81 $20.59 $21.35 $22.14 $23.24 $24.11 $25.04 $26,04 $26.55 $26.55 $26.63 $26.75 $26.88 $27.01 $27.16 112.3 $19.40 $20.10 $20.83 $21.61 $22.37 $23.16 $24.26 $25.13 $26.06 $27.06 $27.57 $27.57 $27.65 $27.77 $27.90 $28.03 $28.18 Wage Matrix Range 130 - 230 2015 Hourly Matrix G .. 1 3nanysso#,seu�ce tx?'m fuexstep% j `.,°iz5ths 3sitniise�iranterequzser�tai»avelat»enext§te{3t� al step3 �ettutiect to mave #fi'13 ?4j% r ` 37ange „S%j51tep2 S#eP�..Siep „Stepa. Fyi?P$, ;#eiy a�>P s5#eP,.#ep,?Q.,. Si? Step,Y� Sfgp13 Step14 ,S#8p1S1 130.0 $20.14 $20.92 $21.71 $22.54 $23.40 $24.33 $25.54 $26.47 $27.52 $28.41 $28.49 $28.61 $28.74 $28.87 $29.02 130.1 $20.90 $21.68 $22.47 $23.30 $24.16 $25.09 $26.30 $27.23 $28.28 $29.17 $29.25 $29.37 $29.50 $29.63 $29.78 130.2 $21.65 $22.43 $23.22 $24.05 $24.91 $25.84 $27.05 $27.98 $29.03 $29.92 $30.00 $30.12 $30.25 $30.38 $30.53 140.0 $20.98 $21.82 $22.65 $23.53 $24.43 $25.35 $26.57 $27.58 $28.66 $29.58 $29.66 $29.78 $29.91 $30.04 $30.19 140.1 1 $21.27 $22.11 $22.94 $23.82 $24.72 $25.64 $26.86 $27.87 $28.95 $29.87 $29.95 $30.07 $30.20 $30.33 $30.48 140.2 $21.43 $22.29 $23.14 $24.04 $24.96 $25.90 $27.14 $28.17 $29.27 $30.21 $30.29 $30.41 $30.54 $30.67 $30.82 140.3 $22.49 $23.33 $24.16 $25.04 $25.94 $26.86 $28.08 $29.09 $30.17 $31.09 $31.17 $31.29 $31.42 $31.55 $31.70 140.4 $21.74 $22.58 $23.41 $24.29 $25.19 $26.11 $27.33 $28.34 $29.42 $30.34 $30.42 $30.54 $30.67 $30.80 $30.95 150.0 $21.86 $22.69 $23.60 $24.49 $25.42 $26.42 $27.66 $28.72 $29.85 $30.80 $30.88 $31.00 $31.13 $31.26 $31.41 150.1 $22.25 $23.08 $23.99 $24.88 $25.81 $26.81 $28.05 $29.11 $30.24 $31.19 $31.27 $31.39 $31.52 $31.65 $31.80 150.2 $22.62 $23.45 $24.36 $25.25 $26.18 $27.18 $28.42 $29.48 $30.61 $31.56 $31.64 $31.76 $31.89 $32.02 $32.17 150.3 $23.37 $24.20 $25.11 $26.00 $26.93 $27.93 $29.17 $30.23 $31.36 $32.31 $32.39 $32.51 $32.64 $32.77 $32.92 160.0 $22.75 $23.66 $24.56 $25.51 $26.50 $27.51 $28.83 $29.93 $31.10 $32.10 $32,18 $32,30 $32.43 $32.56 $32.71 160.1 $23.04 $23.95 $24.85 $25.80 $26.79 $27.80 $29.12 $30.22 $31.39 $32.39 $32.47 $32.59 $32.72 $32.85 $33.00 160.2 $23.06 $23.97 $24.87 $25.82 $26.81 $27.82 $29.14 $30.24 $31.41 $32.41 $32.49 $32.61 $32.74 $32.87 $33.02 160.3 $23.24 $24.15 $25.05 $26.00 $26.99 $28.00 $29.32 $30.42 $31.59 $32.59 $32.67 $32.79 $32.92 $33.05 $33.20 170.0 $23.71 $24.67 $25.62 $26.58 $27,61 $28.66 $30.04 $31.17 $32.39 $33.44 $33.52 $33.64 $33.77 $33.90 $34.05 170.1 $25.22 $26.18 $27.13 $28.09 $29.12 $30.17 $31.55 $32.68 $33.90 $34.95 $35.03 $35.15 $35.28 $35.41 $35.56 180.0 $24.72 $25.69 $26.66 $27.70 $28.77 $29.85 $31.26 $32.44 $33.70 $34.78 $34.86 $34.98 $35.11 $35.24 $35.39 180.1 $25.21 $26.18 $27.15 $28.19 $29.26 $30.34 $31.75 $32.93 $34.19 $35.27 $35.35 $35.47 $35.60 $35.73 $35.88 180.2 $26.23 $27.20 $28.17 $29.21 $30.28 $31.36 $32.77 $33.95 $35.21 $36.29 $36.37 $36.49 $36.62 $36.75 $36.90 190.0 $25.76 $26.75 $27.80 $28.88 $30.02 $31.11 $32.56 $33.80 $35.10 $36.22 $36.30 $36.42 $36,55 $36.68 $36.83 190.1 $26.07 $27.06 $28.11 $29.19 $30.33 $31.42 $32.87 $34.11 $35.41 $36.53 $36.61 $36.73 $36.86 $36.99 $37.14 190.2 $26.46 $27.45 $28.50 $29.58 $30.72 $31.81 $33.26 $34.50 $35.80 $36.92 $37.00 $37.12 $37.25 $37.38 $37.53 190.3 $26.25 $27.24 $28.29 $29.37 $30.51 $31.60 $33.05 $34.29 $35.59 $36.71 $36.79 $36.91 $37.04 $37.17 $37.32 190.4 $26.64 $27.63 $28.68 $29.76 $30.90 $31.99 $33.44 $34.68 $35.98 $37.10 $37.18 $37.30 $37.43 $37.56 $37.71 200.0 $26.83 $27.88 $28.95 $30.10 $31.26 $32.41 $33.93 $3520 $36.57 $37.74 $37.82 $37.94 $38.07 $38.20 $38.35 200.1 $27.32 $28.37 $29.44 $30.59 $31.75 $32.90 $34.42 $35.69 $37.06 $38.23 $38.31 $38.43 $38.56 $38.69 $38.84 200.2 $28.34 $29.39 $30.46 $31.61 $32.77 $33.92 $35.44 $36.71 $38.08 $39.25 $39.33 $39.45 $39.58 $39.71 $39.86 200.4 $27.59 $28.64 $29.71 $30.86 $32.02 $33.17 $34.69 $35.96 $37.33 $38.50 $38.58 $38. 0 1 $38.83 $38.96 $39.11 210.0 $27.99 $29.06 $30.20 $31.38 $32.59 $33.85 $35.40 $36.73 $38.16 $39.36 $39.44 $39.56 $39.69 $39.82 $39.97 210.1 $29.50 $30.57 $31.71 $32.89 $34.10 $35.36 $36.91 $38.24 $39.67 $40.87 $40.95 $41.07 $41.20 $41.33 $41.48 220.0 $29.16 $30.29 $31.49 $32.70 $33.97 $35.28 $36.89 $38.28 $39.77 $41.02 $41.10 $41.22 $41.35 $41.48 $41.63 230.0 $30.42 1 $31.61 1 $32.85 $34.09 $35.41 $36.79 $38.45 $39.90 $41,45 $42.78 $42.86 $42.98 $43.11 $43.24 $43.39 Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 52 a:] 2016 HOURLY WAGES Wage Matrix Range 101-112 2016 Hourly Matrix (+5% � 13'mondts9f;serstace'iaiove,{onex#stey,,,qQ+�+ 3sm+s��1���tg�nave{othanx{ s% . months at pep 43 {t 43 quTred to moverto . Range,,; Sieti 1 ,' . ,Step, 2 Step 3- ; ':,S,iep +t ' �{ep,S.' "'Step § ; Step `i _ ,° Siepli,` „Step �J S4ep 10, S{ep;�14, Step.�72 �iep 1'3 Step 34; , $`fep_15z� ;;Step 1?5 S#ep ,1�: 101.0 $12.00 $12.48 $12.96 $13.47 $14.02 $14.53 $15.35 $15.95 $16.58 $17.27 $17.61 $17.61 $17.69 $17.82 $1Z96 $18.09 $18.25 102.0 512.52 $13.00 $13.49 $14.05 $14.56 $15.12 $16.00 $16.60 $17.27 $17.99 $18.34 $18.34 $18.43 $18.55 $18.69 $18.83 $18.98 103.0 $13.02 $13.53 $14.07 $14.61 $15.16 $15.76 $16.64 $17.29 $17.97 $18.72 $19.09 $19.09 $19.17 $19.30 $19.44 $19.57 $19.73 104.0 $13.57 514.09 $14.63 $15.23 $15.79 $16.38 $17.33 $17.97 $18.67 $19.46 $19.83 $19.83 $19.92 $20.04 $20.18 $20.32 $20.48 105.0 $14.13 $14.68 $15.27 $15.84 $16.43 $17.08 $18.02 $18.71 $19.46 $20.24 $20.65 $20.65 $20.74 $20.86 $21.00 $21.14 $21.29 106.0 $14.71 1 $15.30 S15.88 $16.49 $17.12 $17.79 $18.74 $19.47 $20.22 $21.05 $21.46 $21.46 - $21.55 $21.67 $21.81 $21.95 $22.10 106.1 $15.21 $15.80 $16.38 $16.99 $17.62 $18.29 $19.25 $19.97 $20.73 $21.56 $21.97 $21.97 $22.05 $22.18 $22.31 $22.45 $22.61 107.0 $15.34 $15.93 $16.57 $17.18 $17.86 $18.54 $19.53 $20.27 $21.08 $21.93 $22.37 $22.37 $22.45 $22.58 $22.71 $22.85 $23.01 108.0 $15.96 $16.60 $17.24 $17.91 $18.62 $19.30 $20.35 $21.09 $21.92 $22.81 $23.26 $23.26 $23.34 $23.47 $23.60 $23.74 $23.90 109.0 $16.62 $17.29 S1Z96 $18.66 $19.36 $20.11 $21.15 $21.95 $22.81 $23.74 $2420 $24.20 $24.29 $24.41 $24.55 $24.69 $24.84 110.0 $17.34 517.99 $18.70 $19.43 $20.16 $20.93 $22.03 $22.88 $23,76 $24.74 $25.23 $25.23 $25.32 $25.44 $25.58 $25.71 $25.87 111.0 $18.02 $18.72 $19.47 $20.22 $21.03 $21.82 $22.95 $23.82 $24.76 $25.76 $26.27 $26.27 $26.36 $26.48 $26.62 $26.75 $26.91 112.0 $18.78 $19.52 $20.29 $21.11 $21.90 $22.73 $23.89 $24.80 $25.78 $26.83 $27.36 $27.36 $27.45 $2Z57 $27.71 $27.85 $28.00 112.1 $19.09 $19.82 $20.59 $21.41 $22.21 $23.04 $24.19 $25.11 $26.08 $27.13 $27.67 $27.67 $27.75 $27.88 $28.01 $28.15 $28.31 112.2 $19.30 $20.03 $20.80 $21.62 $22,42 $23.25 $24.40 $25.32 $26.29 $27.34 $27.88 $27.88 $27.96 $28.09 $28.22 1 $28.36 $28.52 112.3 $20.37 $21.11 $21.87 $2269 $23.49 $24.32 $25.47 $26.39 $27.36 $28.41 $28.95 $28.95 $29.03 $29.16 $29.30 $29.43 $29.59 Wage Matrix Range 130 - 230 2016 Hourly Matrix (+5%) oK OWN",Ar $29.83 � sef , $29.91 re &�r $30.04 d 3 � $30.18 us the �xtsrap $30.31 3�6 $30.47 Rangy ,,_ St�p,i Step 2 , ,Step 3 , .tip z Step, ` $24.57 Siep & $25.55 ,,Step 7 $26.82 5t $27.79 $28.90 130.0 $21.15 $21.97 $22.80 $23.67 130.1 $21.95 $22.76 $23.59 $24.47 $25.37 $26.34 $27.62 $28.59 $29.69 $30.63 $30.71 $30.84 $30.98 $31.11 $31.27 130.2 $22.73 $23.55 $24.38 $25.25 $26.16 $27.13 $28.40 $29.38 $30.48 $31.42 $31.50 $31.63 $31.76 $31.90 $32.06 140.0 $22.03 $22.91 $23.78 $24.71 $25.65 $26.62 $27.90 $28.96 $30.09 $31.06 $31.14 $31.27 $31.41 $31.54 $31.70 140.1 $22.33 $23.22 $24.09 $25.01 $25.96 $26.92 $28.20 $29.26 $30.40 $31.36 $31.45 $31.57 $31.71 $31.85 $32.00 140.2 $22.50 $23.40 $24,30 $25.24 1 $26.21 $27.20 $28.50 $29.58 $30.73 $31.72 $31.80 $31.93 $32.07 $32.20 $32.36 140.3 $23.61 $24.50 $25.37 $26.29 $27.24 $28.20 $29A8 $30.54 $31.68 $32.64 $32.73 $32.85 $32.99 $33.13 $33.29 140.4 $22.83 $23.71 $24.58 $25.50 $26.45 $27.42 $28.70 $29.76 $30.89 $31.86 $31.94 $32.07 $32.20 $32.34 $32.50 150.0 $22.95 $23.82 $24.78 $25.71 $26.69 $27.74 $29.04 $30.16 $31.34 $32.34 $32.42 $32.55 $32.69 $32.82 $32.98 150.1 $23.36 $24.23 $25.19 $26.12 $27.10 $28.15 $29.45 $30.57 $31.75 $32.75 $32.83 $32.96 $33.10 $33.23 $33.39 150.2 $23.75 $24.62 $25.58 $26.51 $27.49 $28.54 $29.84 $30.95 $32.14 $33.14 $33.22 $33.35 $33.48 $33.62 $33.78 150.3 $24.54 $25.41 $26.37 $27.30 $28.28 $29.33 $30.63 $31.74 $32.93 $33.93 $34.01 $34.14 $34.27 $34.41 $34.57 160.0 $23.89 $24.84 $25.79 $26.79 $27.83 $28.89 $30.27 $31.43 $32.66 $33.71 $33.79 $33.92 $34.05 $34.19 $34.35 160.1 $24.19 $25.15 $26.09 $27.09 $28.13 $29.19 $30.58 $31.73 $32.96 $34.01 $34.09 $34.22 $34.36 $34.49 $34.65 160.2 $24.21 $25.17 $26.11 $27.11 $28.15 $29.21 $30.60 $31.75 $32.98 $34.03 $34.11 $34.24 $34.38 $34.51 $34.67 160.3 $24.40 $25.36 $26.30 $27.30 $28.34 $29.40 $30.79 $31.94 $33.17 $34.22 $34.30 $34.43 $34.57 $34.70 $34.86 170.0 $24.90 $25.90 $26.90 $27.91 $28.99 $30.09 $31.54 $32.73 $34.01 $35.11 $35.20 $35.32 $35.46 $35.60 $35.75 170.1 $26.48 $27.49 $28.49 $29.49 $30.58 $31.68 $33.13 $34.31 $35.60 $36.70 $36.78 $36.91 $37.04 $37.18 $37.34 180.0 $25.96 $26.97 $27.99 $29.09 $30.21 $31.34 $32.82 $34.06 $35.39 $36.52 $36.60 $36.73 $36.87 $37.00 $37.16 180.1 $26.47 $27.49 $28.51 $29.60 $30.72 $31.86 $33.34 $34.58 $35.90 $37.03 $37.12 $37.24 $37.38 $37.52 $37.67 180.2 $27.54 $28.56 $29.58 $30.67 $31.79 $32.93 $34.41 $35.65 $36.97 $38.10 $38.19 $38.31 $38.45 $38.59 $38.75 190.0 $27.05 $28.09 $29.19 $30.32 $31.52 $32.67 $34.19 $35,49 $36.86 $38.03 $38.12 $38.24 $38.38 $38.51 $38.67 190.1 $27.37 $28.41 $29.52 $30.65 $31.85 $32.99 $34.51 $35.82 $37.18 $38.36 $38.44 $38.57 $38.70 $38.84 1 $39.00 190.2 $27.78 $28.82 $29.93 $31.06 $32.26 $33.40 $34.92 $36.23 $37.59 $38.77 $38.85 $38.98 $39.11 $39.25 $39.41 190.3 $27.56 $28.60 $29.70 $30.84 $32.04 $33.18 $34.70 $36.00 $37.37 $38.55 $38.63 $38.76 $38.89 $39.03 $39.19 190.4 $27.97 $29.01 $30.11 $31.25 $32.45 $33.59 $35.11 $36.41 $37.78 $38.96 $39.04 $39.17 $39.30 $39.44 $39.60 200.0 $28.17 $29,27 $30.40 $31.61 $32.82 $34.03 $35.63 $36.96 $38.40 $39.63 $39.71 $39.84 $39.97 $40.11 $40.27 200.1 $28.69 $29.79 $30.91 $32.12 $33.34 $34.55 $36.14 $37.47 $38.91 $40.14 $40.23 $40.35 $40.49 $40.62 $40.78 200.2 $29.76 $30.86 $31.98 $33.19 $34.41 $35.62 $37.21 $38.55 $39.98 $41.21 $41.30 $41.42 $41.56 $41.70 $41.85 200.4 $28.97 $30.07 $31.20 $32.40 $33.62 $34.83 $36.42 $37.76 $39.20 $40.43 $40.51 $40.64 $40.77 $40.91 $41.07 210.0 $29.39 $30.51 $31.71 $32.95 $34.22 $35.54 $37.17 $38.57 $40.07 $41.33 $41.41 $41.54 $41.67 $41.81 $41.97 210.1 $30.98 $32.10 $33.30 $34.53 $35.81 $37.13 $38.76 $40.15 $41.65 1 $42.91 $43.00 $43.12 $43.26 $43.40 $43.55 220.0 $30.62 $31.80 $33.06 j $34.34 $35.67 1 $37.04 $38.73 $40.19 $4136 $43.07 $43.16 $43.28 $43.42 $43.55 $43.71 230.0 $31.94 $33.19 $34.49 1 $35.79 $37.18 1 $38.63 1 $40.37 $41.90 $43.52 $44.92 $45.00 $45.13 $4527 $45.40 $45.56 Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 53 [&, LETTER OF UNDERSTANDING #1 TEMPORARY WITH BENEFITS MASTER COLLECTIVE BARGAINING AGREEMENT This Letter of Understanding is by and between Whatcom County, hereafter called "the County" and Teamsters Local 231, hereafter called "the Union," regarding and attached to the Master Collective Bargaining Agreement. The purpose of this Letter of Understanding is to establish the conditions under which an employee may fill a full-time temporary position with benefits under the Master Collective Bargaining Agreement (MCBA) 1) Temporaries with Benefits The County sometimes identifies the need for full-time temporary positions not funded in the County budget as regular on -going positions. These temporary work assignments are ones which are anticipated at the outset to extend beyond the contract limitation for "temporaries" and anticipated to work full time and meet the benefit eligibility threshold of eighty (80) compensated hours per month. Work assignments and special conditions will end on the date specified in the letter of appointment, when the work is completed, or when employment is terminated, unless an extension is specifically agreed to by the County and the Union. Temporaries with benefits positions shall not be used to supplant regular positions. 2) Union Membership and Benefits Eligibility Temporaries with benefits will join the union in accordance with 1.02 of the MCBA. Upon completion of eligibility requirements, full-time temporaries with benefits will become eligible for Health and Welfare benefits in accordance with Article 8 (Health & Welfare Benefits) of the MCBA and Washington Teamsters Welfare Trust (WTWT) rules. Life insurance will be available to the employee only. Full-time temporaries with benefits will be eligible for paid leave in accordance with: Article 9 - Sick leave Article 15 — Paid Holidays Article 16 —Vacation 3) Pay & Other Conditions of Employment The department will determine the rate of pay for full-time temporaries with benefits with the concurrence of the A.S. Human Resources Manager or designee based on the nature of the duties performed. Overtime will be for work performed in excess of forty (40) hours in a pay week, regardless of the number of hours worked per day. Such temporary positions with benefits will NOT be eligible for other terms and conditions of employment under the Master Collective Bargaining Agreement including, but not limited to: • Regular employment status • Step increases • Seniority (except as described below) • Longevity • Paid and unpaid leaves of absence (other than those described above) • Special pay .(such as daily overtime, out -of -class, call -in, emergency telephonic response, etc.) • Bidding for positions posted within the bargaining unit Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 54 80 • Grievance procedures and arbitration If a regular employee selects a full-time temporary with benefits assignment and funding is not continued, the employee will be put in layoff status. Seniority rights in this situation will only apply as described in Section 5.05 (Transfer to Position Outside Bargaining Unit) of the Master Collective Bargaining Agreement. 4) Posting Positions filled under this Letter of Understanding will be posted internally as full-time temporarily funded positions. Such positions may be concurrently posted and advertised externally. The time frames and other conditions of Article 7 (Job Assignments, Postings, and Openings) of the Master Collective Bargaining Agreement will not apply to these postings. 5) Regular Positions If a current full-time temporary with benefits is selected to fill a regular, budgeted County position, the period served as a temporary with benefits will apply toward health & welfare benefits eligibility if there has been no break in service and coverage, if allowed by current benefit plans. If appointed to a regular position, vacation accruals will commence at the "04' year level. 6) Non -Precedent Setting This Letter of Understanding will not be considered precedent setting to any other matter of concern raised by Teamsters, employees, or the County under the Master Collective Bargaining Agreement. 7) Termination Either the employee or the County can end the employment relationship outlined in this Letter of Understanding without notice or reason. 8) Cancellation Either party may cancel this agreement at any time following thirty (30) days written notice to the other. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 55 ; LETTER OF UNDERSTANDING #2 JOB SHARE AGREEMENT MASTER COLLECTIVE BARGAINING AGREEMENT This Letter of Understanding regarding Job Share Agreements is by and between Whatcom County, hereafter called "the County" and Teamsters Local 231, hereafter called "the Union" regarding and attached to the Master Collective Bargaining Agreement, hereafter called "the Master Agreement". The purpose of this Letter of Understanding is to confirm our understanding and agreement that two employees may request a job share arrangement. Job share agreements shall not increase personnel costs for the County nor shall they unduly increase administrative burdens for the department or the County. Should the County approve the request, it is understood the employees would be voluntarily electing to share a 1.0 FTE (40 hours per week) position and that the County will only pay for the equivalent of one set of Health & Welfare benefits as set out in section 8.03 subject to the following conditions: All future job share employees shall sign the official form developed from the Agreement below prior to the commencement of Job Share employment. VOLUNTARY JOB SHARE AGREEMENT This fully executed Agreement must be in place prior to commencement of Job Share JOB SHARE POSITION: POSITION ID: DEPARTMENT: SUPERVISOR: PARTICIPANT A: PARTICIPANT B: HOURS/MONTH: HOURS/MONTH: Agreement. • Participants acknowledge they have voluntarily elected to equally share a 1.0 FTE position and agree to the conditions outlined in this Agreement. Participants together perform the duties of a full-time position. Total hours worked for both will not exceed an average of 173.33 regular hours per month (1.0 budgeted FTE), unless additional hours are designated as extra help hours. Health & Welfare Benefits. Participants are eligible to receive health & welfare benefits per Article 8 of the Master Agreement, and they must pay one-half of the County's contribution, and 100% of the employee contribution and meet eligibility requirements. Participant contributions are deducted from paychecks. The Parties recognize that a savings may enure to the County. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 56 The County will make one-half of the County's contribution cap listed in section 8.04a(1) (County Contribution) of the Master Agreement to the appropriate health & welfare plans on behalf of employees who are regularly scheduled to work and who are compensated for at least eighty (80) hours per month. Participants who have not previously been on Washington Teamsters Welfare Trust plans must meet eligibility requirements in the Master Agreement to be eligible for health and welfare benefits coverage. Employees whose health and welfare benefits are being reinstated will be subject to the waiting periods specified in Washington Teamsters Welfare Trust rules. Participants who were on the payroll prior to May 4, 1993 can maintain their fifty (50) hour benefit eligibility threshold in the Master Agreement while in a job share arrangement. This threshold will apply for eligibility for health & welfare benefits, sick leave accruals, holidays, and vacation accruals. Other Benefits. • Each participant will accrue and use vacation and sick leave based on their agreed upon 0.5 FTE position. Participants can use accrued vacation or sick leave only for days and hours they are regularly scheduled to work. • Each participant will receive four hours of holiday pay for each holiday where they meet the eligibility criteria in the Master Agreement, and each participant will receive four hours of personal holiday each calendar year. During weeks when a holiday occurs, participants must work with their supervisor to assure the required number of hours will be worked and/or compensated that week. • Accruals will not exceed 0.5 FTE regardless of the number of hours worked. • Any additional leave will be no more than one-half the time (in hours) allowed in the Master Agreement or state or federal law. • Participants individually accrue and have full use of seniority rights allowed under the Master Agreement. • To be eligible for leave under the federal Family Medical Leave Act (FMLA), 1250 hours of time must be actually worked during the twelve months prior to the requested leave. Participants understand by entering this Agreement, they are likely forfeiting rights to FMLA. • Since the 1.0 FTE position is Washington State Department of Retirement Systems eligible, participants and the County will contribute to the retirement system. Compensation. • Participants will be paid the appropriate hourly rate for actual hours worked. They will be eligible for step increases based on their individual anniversary date in the position and as allowed per the Master Collective Bargaining Agreement. Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 57 Schedules and Breaks. ® Participants' work schedules must be approved by, and may be changed by, their supervisor. ® The following Articles do NOT apply to participants: a. Article 3, section 3.01 a pertaining to Work Schedules b. Article 4 pertaining to Lunch and Rest Breaks Participants are allowed one paid fifteen hour work period after no more than three they work five (5) or more hours, they are (30) to sixty (60) minutes. Absence or Vacancy. (15) minute rest break during each four - hours of work, and during each day where entitled to an unpaid lunch break of thirty Participants understand that if one participant leaves his or her job share position, a new job share agreement must be executed. Upon separation or movement of a job share participant, the County will first offer the 1.0 FTE position to the remaining incumbent. If the participant desires to continue in a job share arrangement and the department concurs, he or she understands that, during a period of absence or vacancy, the remaining participant may be required to work extra hours, up to 40 per week, in order to assure the work of the position is completed. No other terms or conditions of this Agreement will change. Each Job Share Agreement will require signatures of Participant A, Participant B, and the Department Head. The County, the Union, or the Washington Teamsters Welfare Trust may, at any time, cancel this agreement after thirty (30) days written notice. Whatcom County Master CBA - 5/26/15 - 12/31/16 MI Page 58 LETTER OF UNDERSTANDING #3 PT. ROBERTS POSITION MASTER COLLECTIVE BARGAINING AGREEMENT This Letter of Understanding is by and between Whatcom County, hereafter called "the County" and Teamsters Local 231, hereafter called "the Union," regarding and attached to the Master Collective Bargaining Agreement, hereafter called "the Agreement." The Union and the County have agreed to the restoration of a "Point Roberts Position (PRP)" as follows: 1. Point Roberts Assignment. The County may require staff to be readily available to address Maintenance & Operations general maintenance and emergencies at Pt. Roberts. One position may be designated as the Pt. Roberts position (PRP). The person holding this position will report directly to and begin their workday at Pt. Roberts and will be readily available to respond to forecasted extreme weather conditions or emergencies within 15 minutes. 2. Openings for PRP. The position will be titled Pt. Roberts Maintenance Worker at range 130.2, will be on the Pt. Roberts crew, and will not be eligible to bid for lateral openings in M & O. Openings for PRP may be filled per section 7.03c (Openings in Public Works) of the Agreement. Vacancies shall only be filled with an employee not residing within the response time zone, if the employee and County mutually agree. 3. Residency. M & O positions in Pt. Roberts may require applicants to maintain residency within the Pt. Roberts vicinity as a condition of employment. Successful applicants will not be unduly constrained in where they live provided the response requirements in item #1 above can be complied with. 4. Hours of Work. The PRP will normally work a Monday through Friday workweek, but, shall be subject to an open work week which may be performed at any time of day or day of the week when services are so required. The employee assigned to the PRP shall work as required by the needs of the Department and will be paid overtime only for all hours worked over forty (40) hours in the workweek. Should a shift be established per section 3.07 (Work Outside of Normal Hours) of the Agreement, this position will be compensated the premium pursuant to the Agreement. The County agrees that they will reasonably endeavor to advise the employee of a known change to their normal workweek schedule at least two weeks in advance excluding emergent situations that may arise. 5. Emergency Call back. The County will provide the PRP with a cell phone or pager for the purpose of emergency call back. This position will receive pay per section 3.05d (Pagers and Cell Phones) of the Agreement. Whatcom County Master CBA — 5/26/15 — 12/31/16 Page 59 6. Nexus Pass. Should the employee and County agree to obtain a nexus pass the County will pay the costs associated with such. The Union agrees that the County's payment of nexus pass is specific to the PRP and does not set precedence for any other employees covered under the Agreement. Whatcorn County Master CBA - 5/26/15 - 12/31/16 Page 60 LETTER OF UNDERSTANDING #4 CONFIRMATION OF AGREEMENTS MASTER COLLECTIVE BARGAINING AGREEMENT This Letter of Understanding is by and between Whatcom County, hereafter called "the County" and Teamsters Union Local 231, hereafter called "the Union" regarding and attached to the Master Collective Bargaining Agreement. 1. Excluded Positions. When the current incumbents leave the supervisory/confidential positions of Probation Officer III in Juvenile Court, Coordinator position in the Hearing Examiner's Office and the Maintenance/Construction Supervisor position in Parks & Recreation, it is mutually agreed by the County and the Union the positions shall convert to unrepresented positions. When the incumbent Maintenance/Construction Supervisor leaves his position, the County will assess the need for a new Parks & Recreation position of "Parks Maintenance Team Leader" from among the then current FTE's. The Union reserves the right to bargain regarding the wage range assigned to this new position as well as the right to advocate for the creation of this position. If any of the above positions are vacant when the Master Agreement is ratified, the position shall be an unrepresented position. 2. Attendance. The County agrees that in the event it should desire to adopt an attendance policy or standard that no such policy or standard shall be adopted until the County shall have given 90 days' notice to the Union and during that time bargained with the Union regarding any impact on Union Members. 3. Paint Striper. Employees when actively operating the spray guns, driving the Paint Striper, or performing associated maintenance and clean-up during periods of operation will be paid at their current step in the Heavy Equipment Operator range for all such hours worked on the Paint Striper. 4. Increase of Part -Time Positions. It is understood and agreed the County may mandate an increase in any part-time position up to 1.0 FTE, if funds become available. 5. Health Clerical Conversion. Designated employees, Susan Prescott and Suzan Williams, are .95 FTE (working 38 hours per week). 6. Additional Agreements in Settlement for 2015 — 2016. Pursuant to the concept of labor management meetings and in accordance with evidentiary rule 408, for settlement purposes only, the parties agree that there shall be labor management meetings to address the following topics: A. Skill Enhancement Program (SKEP) B. Lead Park Ranger Work Week Whatcom County Master CBA - 5/26/15 - 12/31/16 Page 61 %fl C. Fire Marshall Schedule (to include department head and one bargaining unit member. 7. For the term of this agreement, should the union have a reasonable and demonstrable belief other employees in the County, represented or unrepresented, excluding binding interest arbitration groups, should achieve a settlement affording employees better wage improvements or medical benefits, the County shall afford the union an opportunity to bargain regarding the difference between the settlements upon 30 days request to bargain by the union. Whatcom County Master CBA - 5/ 26/15 - 12/31/16 Page 62 LVUATrnM r"TTNTV rnr»vr 1f. AGF.1VDA BILL NO. 2015-164 CLEARANCES Initial Date Date Received in Council Of ice Agenda Date Assigned to: Originator. S - - 7 jtw�) ` r r�� °MAY 0 1 �� ` CO NT CUNCIL 5112115Infro Division Head. 5126115 Finance Comm; Board of Supervisors Dept. Head: Prosecutor: �� �� Purchasing/Budget: 2 (� Executive: S Is;, TITLE OFDOrUY,1tNT. Flood Control Zone District and Subzones 2015 Supplemental Budget Request #2 ATTACHMENTS: Resolution, Memoranda and Budget Modification Requests 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.) Supplemental #2 requests funding from the Flood Control Zone District Fund: 1. To appropriate $400,000 to fund 2014-2015 winter flood repairs. COMMITTEE ACTION: BOARD OF SUPERVISORS ACTION: 5/12/2105: Introduced 7-0 (Council acting as the FCZDBS) 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.usleotincil. :• SPONSORED BY: Executive PROPOSED BY: Executive INTRODUCTION DATE: 5/12/15 RESOLUTION NO. (A resolution of the Whatcom County Flood Control Zone District Board of Supervisors) AMENDMENT NO. 2 OF THE 2015 BUDGET WHEREAS, the 2015 budget for the Whatcom County Flood Control Zone District and Subzones was adopted November 25, 2014; and, WHEREAS, changing circumstances require modifications to the approved 2015 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 2015 budget as approved in Resolution 2014-063 is hereby amended by adding the following additional amounts to the budgets included therein: Expenditures Revenues Net Effect Flood Control Zone District 400,000 (90,000) 310,000 Total Supplemental 400,000 (90.0001 310.000 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor 2015 WHATCOM COUNTY FCZD BOARD OF SUPERVISORS WHATCOM COUNTY, WASHINGTON Carl Weimer, Chair of the Board of Supervisors I:\46GET\SUPPLS\2015_Suppl\FCZDRes#2015-2a.docx Flood Control Zone District and Subzones Supplemental #2 Expenditures Revenues Fund Balance Flood Control Zone District To fund 2014-2015 Winter flood repairs 400,000 90,000 310,000 Total Supplemental 400,000 (90,0— 310,000 91 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS DIRECTOR CGOM COG RIVER AND FLOOD sP y� 322 N. Commercial Street, Suite 120 s . .` Bellingham, WA 98225-4042 Phone: (360) 676-6876, (360) 398-1310 �9SHIN0�0� www.whatcomcounty.us MEMORANDUM DATE: May 18, 2015 TO: The Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors FROM: Paula J Cooper, P.E., River and Flood Mana e Gary Stoyka, Natural Resources Manage RE: 2015 Flood Control Zone District Supplemental Budget Request The attached Supplemental Budget Request (ID# 1966) proposes to increase the 2015 budget for the Flood Control Zone District (FCZD) to provide for repairs to the flood control system resulting from high water events over the past winter. The FCZD Advisory Committee supported the prioritization of these projects and this proposed supplemental budget request at their next meeting on May 14th. An overview of the damages and project sites was presented to the Board of Supervisors at the March 24tn Surface Water Work Session. Specific costs and revenues for each repair site covered under this request are included in narrative of the supplemental budget request. In summary, the supplemental budget request will: • Add $400,000 in budgeted expenditures for construction of three repairs projects • Add $90,000 in budgeted revenues associated with local sponsor cost -shares • Impact the 2015 FCZD budget allocated for flood purposes by $310,000 Please contact Paula Cooper at extension 50625, if you have any questions or concerns regarding this supplemental budget request. Encl. 92 Supplemental Budget Request Status: Pending Public Works Flood Control Zone District Suw I ID # i 966 Fund 169 Cost Center 169112 Originator. Paula Cooper Expenditure Type: One -Time Year 1 2015 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: 2014-2015 Winter Flood Repairs Department Head Si ture (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4343.1300 Flood Control ($901000) 6670 Construction Contracts $300,000 7210 Intergov Prof Svcs $100,000 Request Total $310,000 la. Description of request: Several high water events occurred between November of 2014 and January of 2015 which resulted in damages to the flood control system in three locations: Bertrand Creek levees, de Boer Culvert/tide gate and Marine Drive Levee. This request provides supplemental budget to implement repair projects at each of these sites during the 2015 construction season. 1b. Primary customers: Diking district #4, floodplain residents, Marietta residents and the general public 2. Problem to be solved. Several high water events caused the following damages and associated impacts: The Bertrand Creek Levees sustained damage in several locations on both banks. While neither levee washed out completely, future flood events will result in additional damage to the levee and will likely result in a full levee breach if no action is taken. This would potentially increase the frequency and magnitude of approximately 1000 acres of prime farmland, which could severly impact production in these areas. The Bertrand Creek levees are eligible for repair under the US Army Corps of Engineers PL 84-99 program, so the funding requested is for the FCZD's cost -share towards the project, estimated at $100,000. The de Boer culvert/tide gate is one of three outlets for floodwaters that overtop the Bertrand levees and flow down the west overflow corridor. The culvert runs through a levee that was washed out during this past winter's high water events, so about 350 acres of farmland and the access road to the PUD's intake are subject to very frequent flooding; we estimate that the area starts to flood when the river is about 10 feet lower than when the levee is in place. The cost estimate for this project is $200,000. The Marine Drive Levee sustained damage to the crest and backslope; in places the levee crest has been locally lowered resulting in more frequent overtopping and potential flood impacts. This levee provides flood protection to Marietta, Marine Drive and Slater Road during very frequent flood events. The cost estimate for repairs to the levee is $100,000. 3a. Options /Advantages: The no action alternative has been considered but ruled out as without a reliable flood control system, the impacts to residents, farmers, the local economy and the general public would be unacceptable. 3b. Cost savings: The Bertrand Creek levees will be constructed by the USACE and they will contribute 80%, so we will be getting a project that is estimated at approximately $500,000, constructed for $100,000. Monday, May 18, 2015 Rpt: Rpt Suppl Regular 41 Supplemental Budget Request Status: Pending Public Works Flood Control Zone District Supp'1I # 1966 Fund 169 Cost Center 169112 Originator: Paula Cooper 4a. Outcomes: The goal is to construct repair projects at all three sites this summer/fall so they are complete before the next construction season. The USACE is securing funding for the Bertrand repairs, and as long as there are no problems at their end this project should be complete by the fall. Permitting and design of the de Boer culvert/tide gate is underway and construction is being planned for the fish window (mid -July to September), as long as there are no delays through the permitting process and bids fall within budgeted amount. Detailed design and permitting for the Marine Drive Levee repair has not yet started due to competeing priorities, but our intent is to construct it this fall. 4b. Measures: Success will be measured by completion of project construction. 5a. Other Departments/Agencies: Yes, Diking District #4 is the local sponsor for the Bertrand Creek levees and de Boer culvert/tide gate. Consistent with the the FCZD Construction Cost Share Program, DD#4 will contribute 30% of the cost to the FCZD for the Bertrand Creek levee repairs. The FCZD Advisory Committee recommended a reduced cost -share of $20,000 from DD#4 for the de Boer culvert/tide gate replacement, as this project replaces aging infrastructure and improves both fish passage and drainage of floodwaters. Consistent with the Construction Cost Share Program, the cost -share for flood hazard reduction projects is determined on a case by case basis for improvements to the flood control system. The Public Utility District will also be contributing $10,000 to the de Boer project towards the local cost -share. The Washington Department of Fish and Wildlife is the property owner for the Marine Drive Levee and will contribute 30% of the cost of this repair. 5b. Name the person in charge of implementation and what they are responsible for. The USACE is responsible for federal and state permitting and construction of the Bertrand Creek levee repairs. 6. Funding Source: The Flood Control Zone District fund balance Monday, May 18, 2015 Rpt: Rpt Suppl Regular 9 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015-170 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: Dee 04110115 �/ ��a �(` l 5/26/15 Finance Division Head: MR 04110115 5/26/15 Council Dept. Head: Prosecutor: f`i `�--� i�� VVHATCOM COUNTY PurchasingiBudget: AX I-T/as/ i 3 UUUIM i L. Executive: TITLE OF D T: Contract — Field Parelontroller Upgrades ATTACHMENTS: Proposed Contracts SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( )Fes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMIYL4RYSTATEMENT 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.) Attached is the proposed Contract between Whatcom County and Siemens Industry, Inc. for the purpose of providing multiple Field Panel Controller Upgrades. These Upgrades will be at the following locations. Courthouse, Public Safety Building, NW Annex, Jail Work Center and Public Works Central Shop COMMITTEEACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: ;vwiv.co.;vhatconi.was slco ticil 95 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 0 ( 5 0 - p . Originating Department: Facilities Management Contract or Grant Administrator: Michael Russell Contractor's / Agency Name: Siemens Industry, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No 1_ � no inn ka')) ".i_ • _ l Contract _ (per Yes � 1V0 U If Amenctrnent or Renewal, (per Wl.l, J.ViS.1VV �d)) V�t��lal 1.U�1Lrdt�Ltt: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 3260515003 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ® Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ® Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded F14WA. Contract Amount:(sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): $ $73,655.12 • Professional Services Agreement above $20,000. This Amendment Amount: • Bid is more than $50,000. . Amendments that have either an increase greater than 10% or $ provide a $10,000 increase in amount (whichever is greater) Total Amended Amount: $ $73,655.12 RENEWALS: Council approval is not required when exercising an option to renew that is provided in the original contract. Swnmary of Scope: This contract is between Whatcom County and Siemens Industry, Inc. to for the purpose of providing multiple Field Panel Controller Upgrades. These Upgrades will be at the following locations. Courthouse, Public Safety Building, NW Annex, Jail Work Center and Public Works Central Shop Term of Contract: I Expiration Date: Contract Routing: 1. Prepared by: Dee Ebergson Date: 2. Attorney signoff:^� Date: 3. AS Finance reviewed: dJG Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: 04/10/15 M Last Edited 060414 WHATCOM COUNTY ADMINISTRATIVE SEVICES Whatcom County Courthouse 311 Grand Ave, Suite 108 Bellingham, WA 98225-4083 TO: FROM: [N MEMORANDUM Jack Louws, County Executive FACILITIES MANAGEMENT 316 Lottie Street Bellingham, WA 98225-4010 Phone: 360.676.6746 Fax: 360.676.6789 Facilities@co.whatcom.wa.us MICHAEL RUSSELL .Z4� 4,u �es Manager 6, �f rt•'nz &ate \ FF D JACK , fi, ; Contract - Siemens Field Panel Controller Replacement Michael Russell, Facilities Manager DATE: May 15, 2015 Enclosed for your review and signature are two (2) originals of the Agreement between Whatcom County and Siemens Industry, Inc. for the purpose of providing Field Panel Controller Replacement to multiple areas of Whatcom County, WA. ■ Background and Purpose This contract is to provide Field Panel Controller Replacement in multiple areas of Whatcom County. Multiple at the Courthouse Jail Work Center Public Safety Building Public Works Central Shop NW Annex These field panels communicate with the buildings and the main controller for the Siemens HVAC System. The panels are obsolete and are no longer supported; some units are 20+ years old. They are affected by power spikes, brown -outs and are susceptible to short circuits. System failures can be costly the new ones will provide efficiency, constant and reliable heating & cooling. ■ Funding Amount and Source This project is a planned project and funds are available via an ASR in the 2015 budget in the amount of $73,340.00. Funding needed for this contract is $73,655.12 Facilities will cover the additional $315.12 Siemens Industry, Inc. is a sole source for HVAC equipment and services. ■ Differences from Previous Contract This project is a one-time agreement. Please contact Michael Russell at extension 50575, if you have any questions or concerns regarding the terms of this agreement. Enclosures 97 Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT Field Panel Controller Upgrade Siemens Building Technologies, Inc., hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8, Exhibit A (Scope of Work), pp. 9, GRI nbii o k%-, i �Nci iaa Ll �),%NN. 410, Exhibit C (Proposal), pp. 11 to 15. Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence ten days following the issuance of Notice to Proceed, and subject to authorized adjustments, and shall, unless terminated or renewed as elsewhere provided in the Agreement, shall be Substantially Complete ninety (90) days following Notice to Proceed. The general purpose or objective of this Agreement is to: Upgrade the Siemens Field Panel Controllers 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 $73,655.12;. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 20 CONTRACTOR: Siemens Industry, Inc. Richard Burvant, VP Zone Manager STATE OF WASHINGTON ) ) ss. COUNTY OF 6 ) On this , day of 20 ;before me personally appeared Richard Burvant to me known to be the Vice President, Zone Man�Siemens Industry, Inc. and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. —1 —ol --- NOTAR PUBIS 1'n arft'for th ..State of Washington, residing at My commission expires HELLEY ANN LEhAEUX Y PUBLIC STATE OF yN.ASHINGTON COMMISSIC EXPIRES Whatcom County Field Panel Controller Upgrades JANUARY 10, ? Q 118 MW Siemens Building Technologies, Inc. VrA7 v 1.0 98 WHATCOM COUNTY: Recommended for Approval: Michael Russell, Facilities Manager Date Approved as to form: Prosecuting f�tto� rney bate 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: Siemens Building Technologies, Inc. RICHARD BURVANT VICE PRESIDENT - MOUNTAIN PACIFIC ZONE (Type in Name & Title of Signatory Authorized by Firm Bylaws, if applicable) Address: 22010 SE 51�t Street Issaquah, WA 98029 Mailing Address: 22010 SE 51st Street Issaquah, WA 98029 Contact Name: Vichhean Chhin Contact Phone: (425) 507-4300 Contact FAX: (425) 507-4350 Contact Email: Whatcom County Field Panel Controller Upgrades Siemens Building Technologies, Inc. v 1.0 99 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. ^ -f- /A /A_ /1�-.._�_ f1�l�a� J /._ T_ _____ and i Termination _ _ .• aene8 r v- r 9. rrvvrsrons Relatedto r erm and r ermination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Whatcom County Field Panel Controller Upgrades Siemens Building Technologies, Inc. Page 2 V 1.0 100 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 fur 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 Whatcom County Field Panel Controller Upgrades Siemens Building Technologies, Inc. Page 3 v 1.0 101 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/sheht miaintains a separate piace of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting_ The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 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. Whatcom County Field Panel Controller Upgrades Siemens Building Technologies, Inc. Page 4 v 1.0 102 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. 34.1 Proof of Insurance: The Contractor shall carry for the duration oil this Agreement general Habiliity and prupeiy daliidge IFIbUldiice 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 will be included. This insurance shall be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory. 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: Indemnification by Provider (the Contractor is referred to as Provider is this section). To the fullest extent permitted by law, the Provider agrees to indemnify, defend and hold the County and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the Provider, its employees, agents or volunteers or Provider's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this Agreement; or 3) are based upon the Provider's or its subcontractors' use of, presence upon or proximity to the property of the County. This indemnification obligation of the Provider shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of the County. This indemnification obligation of the Provider shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the Provider hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the Provider are a material inducement to County to enter into this Agreement, are reflected in the Provider's compensation, and have been mutually negotiated by the parties. Provider's initials acknowledging indemnity terms: The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of Provider's indemnity obligations under this Agreement. The Provider agrees all Providers' indemnity obligations shall survive the completion, expiration or termination of this Agreement. In the event the Provider enters into subcontracts to the extent allowed under this Agreement, the Provider's subcontractors shall indemnify the County on a basis equal to or exceeding Provider's indemnity obligations to the County. Whatcom County Field Panel Controller Upgrades Siemens Building Technologies, Inc. Page 5 v 1.0 103 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, �, i rational origin, sex, age, I l lar ital S atus, sexual or lentatiUl1, Ulbd U[My, o veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with any employees. 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. Whatcom County Field Panel Controller Upgrades Siemens Building Technologies, Inc. Page 6 V 1.0 104 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: Whatcom County Facilities Management Attn: Michael Russell 316 Lottie Street Bellingham WA 98225 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 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. Whatcom County Field Panel Controller Upgrades Siemens Building Technologies, Inc. Page 7 v 1.0 105 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: 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 tiie parties under, arising out of, or relaLZU to uils 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, 22A , 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. Whatcom County Field Panel Controller Upgrades Siemens Building Technologies, Inc. Page 8 V 1.0 106 EXHIBIT "A" (SCOPE OF WORK) Siemens will migrate the following Modular Building Controllers to PXC-Modular Controllers throughout the County. • Provide (8) replacement PXC-M BAS control panels, inclusive of an engineered backplane, processor, low voltage power supply, terminal blocks and TX 1/0 modules. • Provide Database migration engineering and services to transfer existing Field Panel Point Databases and PPCL control language to the new PXC Modular field panels. • The existing Databases/Schedules and programs will be converted with the same sequence of operations as they exist today. • The pricing is based on utilizing the existing end devices; all FLN devices will be transferred to the new PXC-M Comments & Clarifications: 1. Price is based on continuous progression of work while onsite without interruption or delay. Costs and schedule changes may apply if Siemens is delayed by others. 2. All Work is quoted on a straight time basis. Straight time is defined as Monday through Friday, exclusive of holidays, from approximately 8:00 a.m. to 5:00 p.m. Straight time applies to all time worked or traveled during a normal eight hour work day. 3. Services will commence and be performed on a mutually agreed upon schedule. 4. Pricing excludes 3rd party external commissioning. Point reports will be included in the turnover documentation. 5. Demolition limited to occur within the primary BAS control panel enclosures. 6. Pricing excludes any equipment not identified in this scope of work. 7. Pricing excludes any equipment not identified in this scope of work. 8. Pricing excludes all PC hardware (clients and server). 9. All network infrastructures to remain as -is. 10. Pricing excludes repair of any identified failed or damaged field devices. They will be noted and addressed outside the scope of this base proposal. 11. Pricing excludes any field wiring work outside of the primary BAS control panel enclosure. 12. Pricing excludes lifting equipment and scaffolding. Whatcom County Field Panel Controller Upgrades Siemens Building Technologies, Inc. Page 9 v 1.0 107 EXHIBIT "B" (COMPENSATION) The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed seventy three thousand six hundred fifty-five dollars and twelve cents ($73,655.12) including Washington State Sales Tax. The Contract Number, set forth, shall be included on all billings or correspondence in connection therewith. Contractor may bill the County progressively not more than once per month. Progressive billings will be for the amount of work- completed and must be a l-Oved the Count "'J Fal;1 R11 1 IVlallavel belUle d �Ilenl IS I(IdUC. p pp" . , y y p yn Contractor must submit to the Facilities Manager a completed Retainage Option Investment Form prior to submitting first invoice for payment. Retainage will be administered in accordance with RCW 60.28.010, as amended, and in accordance with the "Retainage Option Investment Option" form. The amount billed must reflect 5% withholding for retainage if not billed at project completion. Whatcom County Field Panel Controller Upgrades Siemens Building Technologies, Inc. Page 10 v 1.0 108 Siemens Industry, Inc. 22010 SE 515` St Issaquah, WA 98029 425-864-3894 FAX 866-650-0863 Customer: Whatcom County Address: 316 Lottie Street Bellingham, WA 98225 Date: March 27, 2015 RE: Whatcom County - Siemens Building Automation System MBC Upgrade Project Siemens Industry is committed to Whatcom County in providing a reliable and efficient controls system solution. Over the years, the Modular Building Controller (MBC) has proven its reliability; however the system and its ancillary components are aging and becoming increasingly difficult to replace cost effectively. Replacement parts have are difficult to procure and a catastrophic system failure would be difficult to recover from. Siemens has announced that the MBC product family will end its service life on September 30, 2015. We have proprietary tools that tremendously reduce the impact of a system upgrade. These tools will allow us to migrate the existing databases to our latest hardware with minimum downtime and cost. Our solution will modernize your system to the latest technology platform while leveraging the value of your past investments. The tools and processes provided through this program are designed to allow for minimal disruption and impact on you, your facility and your staff. The Siemens Building Technologies "Fast Forward" life cycle management strategy is to extend the building system's life cycle through services, upgrades or modernization that enables our existing customers to realize the highest level of technology and operational efficiency for their facility. By extending the life of the Building Automation Systems, Whatcom County will leverage their original investment in the facility. Some advantages of our Fast Forward Migration and Upgrade strategies include: • Reduces total cost of ownership by extending the life cycle of their facility control investments • Provides a cost effective system upgrade strategy by reusing enclosures and end devices • New technologies may result in: ➢ Enhanced system function and reliability ➢ Higher building comfort through improved strategies and improved algorithms such as Adaptive Control ➢ Increased staff productivity ➢ Increased occupant comfort and productivity ➢ Potential reduction in energy usage Thank you for the opportunity, we look forward to working with you on this project. Sincerely, Vichhean Chhin Account Executive Siemens industry, Inc. 22010 SE 5151 Street Phone 425.864.3894 Issaquah, WA 98029 Fax 866.650.0863 www.sbt.siemens.com 109 t � Siemens Industry, Inc. 22010 SE 51s` St Issaquah, WA 98029 425-864-3894 FAX 866-650-0863 Customer: Whatcom County Address: 316 Lottie Street Bellingham, WA 98225 Proposal: Whatcom County— MBC Fast Forward Migration Project Proposal No: VPC-FY1S-08S Date: March 27, 2015 In support of the site upgrade plan, Siemens proposes to provide the follow base scope items to replace existing obsolete Modular Building Controller (MBC) generation field panels to the latest PXC Modular global platform. The MBC family of products has officially been retired from our product base and replaced with a new platform of products that bring a new level of technology and capabilities. Siemens has a long standing commitment to provide customers with migration paths that protect their initial investments. Siemens will replace the MBC control components with the state-of- the-art PXC components. Your existing MBC enclosure, wiring, sensors and actuators will be reused. This is facilitated by our modular technology— reducing wiring complexity, minimizing downtime, and controlling migration costs. This project will continue our tested and proven migration strategy that will meet Whatcom County's desire to maintain their equipment and systems at a factory supported level. Proiect Wide —Technical Solution Siemens has previously provided a number of migrations built on this methodology. Siemens is anticipating converting one (1) per day and will work with facility escorts where required. High Level Project Process I. Collect the most recent backup of all project associated databases 2. Migrate the point and programming database 3. Coordinate meetings and shutdown requests/notifications 4. Run Pre -shutdown reporting 5. Perform Lock out Tag out procedure and put equipment in hand with the assistance of the site operating engineers 6. Perform physical hardware demo and installation of new PXC hardware 7. Reload migrated database. 8. Run Post -shutdown reporting and testing 9. Return newly upgraded BAS Panel and resume normal operation. 10. Provide Field Panel Drawings Scheduling • This proposal is based on approval by June 1st The pricing reflects factary rebates for returned hardware • Lead time for this project is kept at a minimum as this solution utilizes standard Siemens PXC and TX I/O materials • Whatcom County Staff will be utilized to assist in coordinating shutdown requests to end users and placing necessary mechanical equipment in hand/off/manual local control status and returning equipment to "Auto"/Normal functionality after removing lock out tag out. Siemens Industry, Inc. 22010 SE 515' Street Issaquah, WA 98029 Phone 425.864.3894 Fax 866.650.0863 www.sbt.siemens.com Quotation good for 60 days 110 1 Whatcom County — Scope of Work ➢ Siemens will migrate the following Modular Building Controllers to PXC — Modular Controllers throughout the County • Provide (8) replacement PXC-M BAS control panels, inclusive of an engineered backplane, processor, low voltage power supply, terminal blocks, and TX 1/0 modules. • Provide Database migration engineering and services to transfer existing Field Panel Point Databases and PPr_L control language to the new PXC Modular field panels. • The existing Databases/Schedules and programs will be converted with the same sequence of operations as they exist today. • This pricing is based on utilizing the existing end devices; all F!N devices will be transferred to the new PXC-M. Comments and Clarifications 1. Price is based on continuous progression of work while onsite without interruption or delay. Cost and schedule changes may apply if Siemens is delayed by others. 2. All Work is quoted on a straight time basis. Straight time is defined as Monday through Friday, exclusive of holidays, from approximately 8:00am to 5:00pm. Straight time applies to all time worked or traveled during a normal eight hour work day. 3. Services will commence and be performed on a mutually agreed upon schedule. 4. Pricing excludes 3rd party external commissioning. Point reports will be included in the turnover documentation. S. Demolition limited to occur within the primary BAS control panel enclosures. 6. Pricing excludes any equipment not identified in this scope of work. 7. Pricing excludes all PC hardware (clients and server). 8. All network infrastructures to remain as -is. 9. Pricing excludes temporary heating, cooling or ventilation. 10. Pricing excludes repair of any identified failed or damaged field devices. They will be noted and addressed outside the scope of this base proposal. 11. Pricing excludes any field wiring work outside of the primary BAS control panel enclosures. 12. Pricing excludes lifting equipment and scaffolding. 13. Pricing excludes special insurance, performance and/or payment bond, and Washington State sales tax. Pricing: Base Scope of Work — Panel Upgrades and Migrations: $67,760.00 (Assumes all panels will be completed during the same project) Field Panel Breakout Cost Jail Basement Node 1 $8,122 Courthouse Penthouse Node 3 $9,466 Jail Mech Tray Node 4 $10,760 Annex:NWANODE 5 $7,936 COURTCOM Node 07 $8,328 COURTCOM Node 09 (Chiller) $5,287 WCIJNode 1 $8,585 WCIJNode 2 $9,276 Siemens Industry, Inc. 22010 SE 51s' Street Phone 425.864.3894 Issaquah, WA 98029 Fax 866.650.0863 www.sbt.siemens.com Quotation good for 60 days 111 Proposal Accepted: Proposal Submitted: Siemens Industry, Inc. is authorized to proceed with the Siemens Industry, Inc. wnrk ac nrnnnroei Signature Print Name Title Date Siemens Industry, Inc. 22010 SE 513' Street Issaquah, WA 98029 Phone 425.864.3894 Fax 866.650.0863 www.sbt.siemens.com Signature Print Name Vichhean Chhin Title Sales Executive 112 Quotation good for 60 days TERMS AND CONDITIONS OF SALE (Contract Sales) 1. REMITTANCES All invoices shall be due and payable upon receipt in United States currency, free of exchange, or any other charges, or as otherwise agreed upon and set forth in writing by Siemens Industry, Inc. (hereinafter called "Seller"). The Customer, if so requested agrees to furnish Seller with all information including financial statements, necessary to make a proper credit appraisal. Refusal to supply information may cause this proposal to he withdrawn Terrr f r ten.. _..�;_� ._ ____ — r=Y•^e••• �r���••=••r granted �•_ �u�)c=a au anc approval of continued Credit status. PrICES are subject t0 correction for error. 2. PROPOSALS This proposal is based upon straight -time labor. Any request by the Customer for overtime work shall be considered an extra. This proposal expires 30 days after its date, subject to the provisions of the first sentence of the paragraph below entitled "Acceptance of Terms." 3. PROGRESS PAYMENTS Seller reserves the right to invoice Customer monthly as the work progresses, for all materials delivered to the job site or to an off -site facility and for all work performed on -site and off -site. Engineering, drafting and other mobilization costs incurred prior to installation shall be included in Sellers initial invoice and be equal to fifteen percent (1596) of the contract price. Invoices are due upon receipt by Customer. If the Customer becomes overdue in any progress payment, Seller shall be entitled to suspend work, shall be entitled to interest at the annual rate of 18% or the maximum permitted by the State of Illinois; and also to avail itself of any other legal remedies. Seller shall also be entitled to interest on all amounts retained by Customer from progress payments or otherwise. Customer agrees that he will pay and/or reimburse Seller for any and all reasonable attorneys fees which are incurred by Seller in the collection of amounts due and payable hereunder. 4. CANCELLATION AND SUSPENSION Any contract resulting from this proposal is subject to cancellation or instructions to suspend work by the customer only upon agreement to pay Seller adjustment charge. 5. TAXES The amount of any future sales, use, occupancy, excise, or other tax, federal, state, or local which Seller hereafter shall be obligated legally to pay, either on its own behalf of the Customer or otherwise, with respect to the material covered by this proposal, shall be added to such prices and paid by the Customer. 6. LOSS, DAMAGE OR DELAY Seller shall not be liable for any loss, damage, or delay occasioned by any causes beyond Seller's control, including, but not limited to, governmental actions or orders, embargoes, strikes, differences with workmen, fires, floods, accidents, or transportation delays. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES. 7. WARRANTY Seller warrants that the equipment manufactured and services furnished by it and covered by this proposal are free from defects in material and workmanship under normal use and service and, without charge, equipment found to be so defective in material or workmanship will be repaired or replaced, if written notice of failure is received by Seller within one (1) year after date of installation, provided said equipment has been operated in accordance with Seller's instructions and provided such defects are not due to abuse, fire or decomposition by chemical or galvanic action. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, EXPRESS OR IMPLIED. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Seller assumes no responsibility for repairs made on Sellers equipment unless done by Seller's authorized personnel, or by written authority from Seller. Seller makes no guarantee with respect to material not manufactured by it. 8. PURCHASER'S REMEDIES The Customer's remedies with respect to equipment found to be defective in material or workmanship shall be limited exclusively to the right of repair or replacement of such defective equipment. IN NO EVENT SHALL SELLER BE LIABLE FOR CLAIMS (BASED UPON BREACH OF IMPLIED WARRANTY) FOR ANY OTHER DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, CONSEQUENTIAL, OR SPECIAL OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE OF EQUIPMENT WHICH DOES OR DOES NOT CONFORM TO THE TERMS AND CONDITIONS OF ANY CONTRACT RESULTING FROM THIS PROPOSAL. 9. PATENT INFRINGEMENT Seller will hold its Customer and the Owner harmless from infringement of any United States patent covering equipment of its manufacture. This, of necessity, is limited to the equipment per se and cannot be extended to applications of such equipment in a system, except in writing by an officer of Seller. The Customer and Owner shall advise Seller immediately in the event any claims of infringement are brought to their attention. 10. GOVERNING LAW Any contract resulting from this proposal shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois. 11. CERTIFICATION The person whose signature appears on the attached hereof hereby certifies that, to his best knowledge and belief, the annexed bid is not the result of any agreement, arrangement or understanding between the Seller and any other manufacturer or seller of automatic temperature control systems and that the prices, terms or conditions thereof have not been communicated by or on behalf of the Seller to any such person and will not be communicated to any such person prior to the official opening of said bid. Siemens Industry, Inc. 22010 SE 515E Street Phone 425.864.3894 Issaquah, WA 98029 Fax 866.650.0863 www.sbt.slemens.com Quotation good for 60 days 113 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015-171 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: ��� 5/26/15 Finance Rob Ney (C�� C, E� U �� r� U _ Division Head: 5/26/15 Council Rob Ney Y g tql�� 6 VV COUNCIL Dept. Head: Jon Hutchins � I � % � Prosecutor: - � � �a `� //i Purchasing/Budget: Brad Bennett Executive: / t� Jack Louws i TITLE OF DOC A contract for passenger -only ferry service to Lummi Island during annual dry dock, or on -call as needed for emergencies. ATTACHMENTS: 1. Memorandum 2. Contract 3. Letter to Dave Maeser/Trek Owner 4. Bid Tabulation S. Letter from Cleveland Stockme er, Cleveland Stockme er PLLC SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Contract between Whatcom County Public Works and San Juan Cruises for a temporary passenger ferry between Gooseberry Point and Lummi Island. Estimated contract value for 2015 dry dock is $61,943. The contract term is for one year with the request for the option of four additional one-year contract renewals for a potential total of five years and $309,715 (which estimates a 22-day dry dock per year and 8.5% sales tax. A CPI adjustment for the contractor will be added for each of the additional years). COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. v2.0 114 WHATCOM COUNTY �ooM co WHATCOM COUNTY PUBLIC WORKS DEPT. �� oy FERRY DIVISION - ; < 322 N. Commercial St, Suite 210 JON J. HUTCHNGS Bellingham, WA 98225 Director (360) 676-6692 � or MEMORANDUM av§ TO: The Honorable Jack Louws, Whatcom County Executive and JAI,,'; I i'A Honorable Members of the Whatcom County Council C� �U � � �_ ��X V ) . THROUGH: Jon Hutchings, Director Public Works FROM: Robert Ney, Special Programs Manager RE: Temporary Passenger Ferry Service to Lummi Island DATE: May 11, 2015 Enclosed are two (2) originals of the contract between San Juan Cruises and Whatcom County for Temporary Passenger Ferry Service to Lummi Island for your review and signature. ■ Requested Action Public Works respectfully requests that the County Executive and Whatcom County Council enter into a contract with San Juan Cruises for $61,943 for Temporary Passenger Ferry Service to Lummi Island for the 2015 Dry Dock period, and continued temporary ferry service throughout the year as identified in the contract document. ■ Background and Purpose Proposals were duly advertised and submitted for Temporary Passenger Ferry Service to Lummi Island (RFP #15-12). The County requested proposals for three types of service: 1) Passenger Service utilizing floating docks, 2) Passenger Service not requiring floating docks, and 3) Vehicle Ferry Service. The County received one proposal for each option. The vehicle ferry proposal was deemed incomplete and therefore was rejected from consideration (see attached letter to Dave Maeser). The remaining two proposals were evaluated and San Juan Cruises was identified as the apparent low responsible bidder (see attached bid tabulation). San Juan Cruises rate: The daily rate September 1 through April 30 will be $2,595. This time period coincides with the annual dry dock. The daily rate May 1 through August 31 will be $6,500, if needed for emergencies during that time period. ■ Funding Amount and Source Adequate funds exist within the 2015 Ferry Fund budget for this year's contract. The contract term is for one year in the amount of $61,943 for 2015. This contract includes the option of up to four additional one-year contract renewals/extensions for a potential total of five (5) years and $309,715 (based upon estimates of a 22 day dry dock and 8.5% sales tax. A local CPI rate adjustment will also be added each renewal year). V2.0 115 ■ Differences from Previous Contract Contract was last bid in 2010, with four Council -approved annual renewals. The previous contract amount (San Juan Island Commuter) was for a daily rate of $2,450 for the period of September 1 through April 30, and a daily rate of $8000, May 1 through August 31. The CPI rate adjustment was in place for the previous contract. Thank you for your time considering this contract. Should you have any questions regarding this matter, please contact Rob Ney or Chantelle Hilsinger. Encl. V2.0 116 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 0 / o 0 / 0 Originating Department: Public Works Ferry Division Contract or Grant Administrator: Chantelle Hilsinger Contractor's / Agency Name: San Juan Cruises Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ✓ No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ✓ No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ✓ If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ✓ If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ✓ No ❑ If yes, RFP and Bid number(s): # 15-12 Cost Center: 444 Is this agreement excluded from E-Verify? No ❑ Yes ✓ If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ✓ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): $ 61,943.00 • Professional Services Agreement above $20,000. This Amendment Amount: • Bid is more than $50,000. $ . Amendments that have either an increase greater than 10% or provide a $10,000 increase in amount (whichever is greater) Total Amended Amount: $ RENEWALS: Council approval is not required when exercising an option to renew that is provided in the original contract. Summary of Scope: Temporary Passenger Ferry Service to Lummi Island Term of Contract: One Year Expiration Date: July 31, 2016 Contract Routing: 1. Prepared by: DB Date: 5101/15 2. Attorney signoff: Daniel L. Gibson Date: 05112115 3. AS Finance reviewed: � Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: - Date: 5//3 j 5� 6. Submitted to Exec.: Date: '5 Lip 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: V2.0 117 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT�`,a Joseph P. Rutan, P.E. Interim Director * IN4s�� April 20, 2015 Dave Maeser 5224 West Mercer Way Mercer Island, WA 98040 RE: Temporary Ferry Service RFP #15-12 Dear Mr. Maeser: ROB NEY Special Programs Manager Ferry Division 322 N. Commercial Street, Ste 210 Bellingham, WA 98225-4042 Phone: (360) 676-6692 Fax: (360) 7384561 Thank you for submitting your proposal in response to Whatcom County RFP #15-12. After careful consideration, it has been determined that your proposal is incomplete and does not meet the minimum submittal requirements. 1. Response time for Back up Service: As stated, "The purpose of this RFP is to obtain qualified temporary ferry service between Gooseberry Point and Lummi Island during the annual dry docking of the Lummi Island Ferry as well as on -call service for emergencies such as mechanical failure of the ferry, dock failures, or any other emergency." The RFP further states, "During emergencies, the Contractor must be able to respond by providing a vessel for service within nine hours of the request." Your proposal states that you are unable to fulfil this requirement and your response time is up to 15 hours. Please note this response time was extended in the RFP, from the typical six hours required to respond, to nine hours this year. 2. Back-up Vessel: The RFP states, "For Option C (Vehicle vessels) the Contractor shall provide a contingency plan that ensures uninterrupted ferry service. This plan can include a sub -contract with a passenger ferry for "on -call' services." You discuss the several companies you have "contacted" to provide back-up service should your vessel become unavailable due to mechanical issues. The County would need considerably more assurances of reliable back-up service. This could have been addressed with the following: "Letter of Agreement", Sub -contract, or at a minimum, a letter from another ferry company stating that if you were contracted they would and could provide service within the timeline limitations and meet the minimum vessel requirements. No information regarding compatibility with existing dock infrastructure was provided, the 118 type of service was not addressed (floating docks or direct interface with dock), and your proposal did not address how long it would take for service to resume using one of the back-up service. 3. Related Experience: As listed in the RFP, "The contractor must have experience in providing ferry service similar to those required by the County." Your proposal did not address this type of experience and only stated that your vessel has been used as a cargo tender and had been rented for parties. 4. Crew: The RFP states as a minimum requirement, "For all three Options, the Contractor shall supply and pay two licensed operators..." Your proposal discussed using Whatcom County Employees as Captains of your vessel. Similar to #1 above, there are no assurances provided in your proposal that specifically obligate these individuals to provide service such as a "Letter of Agreement" or Sub -contract. Based on the "evaluation criteria" listed on page six of the RFP and the discussion above, it is unfortunate that we must exclude your proposal from consideration. You are welcome to submit future proposals to provide temporary ferry service. We will keep your contact information on -file and will contact you when this contract is open again. Sincerely, Rob Ney Special Programs Manager Cc: Chantelle Hilsinger, Ferry Coordinator Dan Gibson, Chief Civil Deputy Prosecutor Jack Louws, County Executive 119 TEMPORARY FERRY SERVICE VENDOR SAN JUAN CRUISES- SALISH SEA ISLAND MARINER- ISLAND CAPER SOUND SAN JUAN SERVICES- TREK FOR LUMMI ISLAND RFP #15-12 NET COST DAY DISCOUNT COST DAY NOTES $2,595.00 $0.00 $2,595.00 BID AWARD $4,530.00 $1,357.14 $3,172.86 #2 DISCOUNT CALCULATION FOR OPTION B $28,500/21(ASSUMED DAYS OF DRY DOCK)= $1,357.14 INCOMPLETE BID 120 CLEVELAND STOCKMEYER PLLC 8056 SUNNYS[DE AVE. N. SEATTLE, WA 98103 TEL (206) 419-4385 May 11, 2015 By Hand or e mail: Whatcom County Council Members 311 Grand Avenue Suite 105 Bellingham, WA 98225 and: council@co.whatcom.wa.us Rob Ney, Special Programs Manager Ferry Division 322 N. Commercial St. Suite 210 Bellingham, WA 98225 County .Executive Jack LOuws County Courthouse 311 Grand Ave. Suite #108 Bellingham, WA 98225 Re: Request to Re -consider decision to exclude San Juan Services ("SJS") from being considered for TemporarFerry Service to Lummi Island RFP 315-12 Dear Sirs and Madams: I represent the Islander Store, Debra and Brad O'Malley, Bill Cummins, Jim Dickinson, Candy and David Jones, and others residing on Lummi Island who request that the County reconsider the decision to exclude the bid of San Juan Services (hereinafter called "SJS"), owned by Dave Maeser, because (a) the bid does comply with the RFP requirements, as it is overwhelmingly in the best interest of the public, and (b) the car -carrying ferry, TREK, which SJS can provide, is needed for public safety, to avoid liability and apparently for ADA compliance and also to avoid a huge loss of revenue for the County. SJS was the low bid. To reject their proposal without considering the public interest, is wrong. The elderly and infirm, in particular, need the car carrying service for reasons of health and safety. They need the temporary ferry to provide car service and this is in the best interest of the public -- serving public health and safety, and avoiding lawsuits, is in the best interest of all. 1. The car ferry offered by SJS saves money. The County will lose up to $100,000 in fare revenue if it does not have a car -and -passenger ferry as the replacement ferry. This directly impacts the public good. The contract possibly could be extended for several years, too, putting this direct financial harm at hundreds of thousands of dollars. Every ten thousand dollars not received in that much less for other County services -- social services, roads, public 121 safety and other county functions -- or is a tax hike on residents. To ignore this financial hit is not in the public interest. The letter excluding SJS simply failed to consider this impact. 2. The economy is damaged without a car ferry. If Island residents cannot take their car on the ferry, they make fewer trips to Bellingham and other County locales, they buy less, they are less engaged in the County economy. Similarly, without a car ferry, there is less tourism to Lummi Island. The entire county economy suffers. This is not in the public interest. Car ferry service is a vital part of our County infrastructure and taking it down for weeks is not in our best interest. 3. Impacts to public safety and potential lawsuits. The car ferry is not just a matter of convenience but directly impacts public safety. Elderly people, sick people, people coming from a hospital back home in an ambulance, people who would slip and fall on the ramps, need a car ferry instead of walking on board a passenger terry that has steep ramps. In addition, the passenger only ferries are smaller and are more prone to shut downs due to winds, waves and weather than the larger car ferry offered by SJS. This is another danger. Any time there is no service, this is a danger to residents who may need medical attention quickly, on the mainland.. The passenger -only ferries create a risk of accidents, and lawsuits, because people have to walk down ramps that apparently are not in compliance with ADA incline requirements. The ramps are too steep at 12% or 18% incline. With a passenger -only ferry, people, and the disabled, are forced to walk on the steep ramps and have no option to ride in a vehicle, which is safer for the infirm, the elderly, or those with disabilities. The fact that the ramps appear to clearly violate the ADA also opens the County to the risk of an expensive lawsuit that could require the County to maintain car -ferry service. Imagine if this suit is brought after a passenger -only ferry is chosen, not only is there the risk of fees but then the entire process would need reopening. Further risks to public safety appear when one considers the parking chaos created on the mainland side if the replacement ferry only carries passengers, not cars. Apparently, a passenger only ferry means many cars will be left on the mainland side, sticking out into roads, parking at dangerous angles. This creates hazards to drivers, pedestrians, and cyclists. This is also a hazard to people walking to their cars at night as the area is not well lit. The County in inviting and drawing people to this situation, could be held liable even if another driver is negligent and also causes the accident. This road is the principal arterial for the Lummi Reservation and many people are impacted by this risk of harm. The fact is this parking area was not built for the capacity demands created, if there is no car ferry service. Adding that to the risk of the residents carrying many bags or parcels up and down the steep ramps, the risks of someone having a stroke on board or heart attack and there being delays in finding a car to get her to the hospital, and risks of simply slip and fall type accidents, plus risks of more frequent outages, it is clear that eliminating car ferry service for weeks on end is rife with increased danger to public health and safety and increased legal exposure to the County. The, constellation of risks created by the elimination of car service means the County could cause 2 122 significant injury to persons, and be held financially responsible. This is not in the public interest. 4. Increased service outages due to weather. Many times in past years the passenger only type boat, being smaller than a car carrying boat, was taken out of service due to wind and weather. This creates havoc for Island residents with appointments on the mainland and also is a public health and safety risk. People have medical appointments, or run out of prescriptions, and need service. ANY service interruption could cause a death if someone cannot be transported to a hospital emergency room quickly in an emergency. The boat offered by the SJS, the Trek, is larger and would have fewer service interruptions. I bring up these public interest factors because the RFP itself states that the overriding "Evaluation Criteria" is "the best interest of the County." It appears that the above factors impacting the best interest of the County have been ignored in the decision to exclude SJS. The RFP stating that the County reserves the right "to accept any response that, in their opinion serves the best interest of the County and to reject any and or all responses" indicates this "best interest" standard is the key criterion. The letter rejecting SJS does not even talk about the above factors. As a result, it is clear the RFP process was not followed. On behalf of my clients, I urge you to reconsider this exclusion and apply the best interest standard to consider public revenues, convenience, and public health and safety, also the need to avoid litigation for a negligence or ADA suit. On these factors it is clear that a car carrying ferry is far superior in serving the public interest. Beyond this standard of the best interest of the public, the specific reasons for excluding SJS, as cited in Mr. Ney's letter dated April 20, 2015 seem to be arbitrary and capricious. First, as to back up service and vessel, SJS acted with great insight in lining up not just one but three potential back Lip partners, including two within 2-3 hours at Anaeortes and Friday Harbor. RFP called for a plan and that is the plan. While SJS' letter was stated somewhat not artfully, the clear intent was to provide back-up service from well within the 9 hour window, by having two providers just 2 or 3 hours away in Anacortes and Friday Harbor. And the passenger only ferries are smaller and thus create a more frequent need for back up service in inclement weather in the first place, while the Trek would have fewer service outages. The RFP itself only saidthe bid "can include a sub -contract with a passenger ferry service for `on -call' services" and did not require submission of the subcontract, with the bid. The RFP states that any part of the contract given, that is subcontracted, may only be subcontracted with County written approval. So clearly the interest was to get that approval and it was not required with the bid. SJS should be allowed to get the nod, then, pursuant to the normal process, get the approval of written contracts for back up service. Moreover, Mr. Ney's letter requiring more and other assurances not specified in the RFP, such as a letter of agreement, a sub -contract, or third party letter varies the bid requirements as stated in the RFP. Thus, adding these requirements after a bid is received is not proper and could be viewed as arbitrary and capricious. Second, as to related experience: the Trek in providing entertainment or party service for up to 100 passengers offered "same or similar experience" that was more than, and superior to, the kind of short ferry ride involved in going from Gooseberry Point to Lummi Island. Providing 1233 100 passengers with hours of recreational boating is not "same service" as it is better service. Party service or recreational service is better service because passengers are on board a longer time, also they expect comfort and transportation beyond that of a short ferry ride. In recreational service, the boat embarks them and disembarks them. For ferry service lasting just a few minutes, the boat embarks and disembarks them, too. Recreational service is thus same service or better service. To think that somehow recreational service is not "similar" enough when it is more demanding is arbitrary. To claim that "ferry service" is required is hyper - technical and arbitrary. There is no one able to get that experience in Puget Sound except public entities. The Trek has 38 years' experience carrying vehicles including 15 in Lake Champlain, and 23 in Ketchikan. It has more than enough experience. One also would question whether or not any other bidder had actual "ferry" experience when they started. Third, the concerns as to the crew are also arbitrary and capricious. "There was no requirement in the RFP for a sub contract, an employment agreement, or letter of agreement. The crew requirement did not even require a plan or any written document locking down the crew. It required only that the contractor "shall supply and pay two licensed operators." Requiring employment contracts or letters or such after the bid is submitted, again, varies the RFP arbitrarily. The Trek and SJS are offering Don Hayes, Gary Pool, and Mr. Maeser himself, more than meeting the RFP requirements. All of us want to have the County avoid lawsuits, risks to public health and safety and draining the public purse unnecessarily. All of us want safe service, continuous service. All of us should want car carrying service, too, but it seems this clear advantage was simply ignored in this case even though it significantly impacts not juts county revenue but also public safety and legal exposure. The public interest here and the sanctity of the bid process require a reconsideration of the decision to exclude SJS. SJS offers more capacity, vehicle service, more safety, fewer risks of ADA or other lawsuits, and fewer outages, better serving the public interest. It also provided the lowest bid. The decision to exclude SJS did not adequately consider the key evaluation criterion: the best interest of the public. The decision misapplied other criteria in arbitrary fashion, too. This decision should be reconsidered. Ver truly yours, Cleveland Stockmeyer Attorney for certain Lummi Island residents 4 124 $ ' d t i E CONTRACT FOR SERVICES cOlTos 01c) TEMPORARY PASSENGER FERRY SERVICE TO LUMMI ISLAND rr" w San Juan Cruises , 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 11 Exhibit B (Compensation), pp. 12 to 12 Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1st day of August 2015,_and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of July 2016. The general purpose or objective of this Agreement is to: provide Temporary Passenger Ferry Service to Lummi Island, 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 $61,943.00 . 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 day of 2015 CONTRACTOR: San Juan Cruises 355 Harris Avenue, Suite 104 Bellingham, WA 98225 Capt. Drew Schmidt, President STATE OF WASHINGTON ss. COUNTY OF a;`;' On this ff'day of i : `-A 2015, before me personally appeared Drew Schmidt to me known to be the President of San Juan Cruises and who executed the above and who acknowledged to e the E t of signin a' and seajin 'thereof Zu NOT,,ARY PUBLIC in and for the State of Washington, residing at I s � My commission expires - '7 . coo rn aaa'a `4 Contract for Services Temporary Passenger Service to Lummi Island Page 1 V2.0 125 WHATCOM COUNTY: Recomm nded for Approval: I Jon Autchings, Dir t r Date Approved as to form: r t a Daniel L. Gibson, Chief Civil Deputy 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 , 2015 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: San Juan Cruises Drew M. Schmidt, Captain/President Address: 355 Harris Avenue, Suite 104 Bellingham, WA 9822 Mailing Address: 355 Harris Avenue, Suite 104 Bellingham, WA 98225 Contact Name: Drew M. Schmidt, Captain/President Contact Phone: 360-738-8099 Contact FAX: 360-738-8099 Contact Email: 360-738-7685 Contract for Services Temporary Passenger Service to Lummi Island Page 2 v2.o 126 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, up to four additional one-year terms, for a total of no longer than five years including the original one-year term. 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: Not Applicable 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 Accountinq and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Contract for Services Temporary Passenger Service to Lummi Island Page 3 V2.0 127 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 Services Temporary Passenger Service to Lummi Island Page 4 V2.o 128 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. . 33.1 Right to Review: Not Applicable 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement insurance with the following minimums: Commercial General Liability, with $1,000,000 per occurrence for property damage and $1,000,000 per occurrence for bodily injury; Marine Protection & Indemnity Insurance (P&I) General Liability (including but not limited to property damage and bodily injury) - $2,000,000.00; 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 non-contributory, and shall waive all rights of subrogation. The County insurance shall not serve as a source of contribution. 34.2 Industrial Insurance Waiver: Not Applicable 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. Contract for Services Temporary Passenger Service to Lummi Island Page 5 V2.0 129 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. 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: Chantelle Hilsinger Ferry Coordinator 322 N. Commercial St, 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: Contractor certifies that it has fully met the responsibility criteria required of public works contractors under RCW 39.04.350 (1), which include: (a) having a certificate of registration in compliance with RCW 18.27; (b) having a current state unified business identifier number; (c) if applicable, having industrial insurance coverage for its employees working in Washington as required in Title 51 RCW, an Contract for Services Temporary Passenger Service to Lummi Island Page 6 v2.o 130 employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW; and (d) not being disqualified from bidding on any public works contract under RCW 39,06.010 or 39.12.065 (3). 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: 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 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: Contract for Services Temporary Passenger Service to Lummi Island Page 7 V2.0 131 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 Temporary Passenger Service to Lummi Island Page 8 V2.0 132 EXHIBIT "A" (SCOPE OF WORK) • The Contractor must be a qualified owner of a "Passenger Boat Charter." The vessel must be a U.S. Coast Guard inspected and approved car and/or passenger vessel. • The vessel must be compatible with existing terminals and structures at Gooseberry Point and Lummi Island. • The Contractor's business must have been locally established for at least two years. • The Contractor's firm must be able to demonstrate that it is financially stable. • The Contractor must have experience in providing ferry services similar to those required by the County. Proposals must include a list of references where similar services have been provided. • The Contractor must obtain and keep in force for the life of the contract, insurance for at least $1,000,000 property damage and $2,000,000 public liability and shall name Whatcom County as co-insured. • The Contractor will have at least two fully equipped vessels available or provide a firm plan to provide assurance that service can be provided without interruption due to mechanical or other failure. • The Contractor shall supply and pay two licensed operators, (one per shift) and the County will supply and pay two purser- deckhands (one per shift) to operate the vessel. Any additional staffing requirement to meet Coast Guard minimum staffing levels shall be at the sole expense of the Contractor. • The Contractor must be willing to adhere to the existing Master Mates and Pilots and Inland Boatman's Union contracts regarding current ferry employees working on the vessel. • The vessel shall be licensed to carry not less than 35 passengers, seated in a totally enclosed area that is comfortable and easily accessible by the general public, including senior citizens. • Tarps used to cover the enclosed area of passenger seating will not be accepted. • The vessel must meet all requirements of the Americans with Disabilities Act to handle disabled passengers. • The vessel shall be powered by diesel engines for safety. Twin diesel engines are preferred, but a single engine vessel may be selected, based on other factors including passenger access and comfort. • The vessel exhaust system must be such that engine exhaust does not enter the passenger area of the vessel. Tarps used to shield passengers from engine exhaust are not acceptable. • The vessel shall have a fully operational radar system so that the boat can be operational during foggy weather. • The vessel will be required to operate according to the Attached time schedule. The schedule provides for regular ferry service seven days per week, with additional runs as needed at peak hours and additional runs for emergencies on a 24- hour per day basis. The Contractor is advised that the vessel will be required to make additional runs if there are any passengers remaining on the landing that were unable to get on the vessel during its regular operating schedule. • The Contractor must remove the vessel from the area upon termination of the charter or upon notification by the County. • Final selection of the point of delivery shall be at the discretion of the County's licensed inland operator, based on weather and operational considerations. • The passenger ferry shall be made available at minimum 6 hours prior to scheduled service. The vessel must be in all respects ready for service at the time of delivery. Contract for Services Temporary Passenger Service to Lummi Island Page 9 V2.0 133 • It will be required that the vessel may be moored at either dock to accommodate emergency crossings after regular hours of operation or terminal repair work. MISCELLANEOUS PROVISIONS • Whatcom County will only provide fuel. The Contractor will provide any other engine oil or lubrication oil needed for vessel operation. No additional compensation will be allowed for general wear and tear to the vessel. • Any omissions or inconsistencies in these specifications and conditions shall not relieve the Contractor from the responsibility to deliver a complete vessel for the intended purpose of an "Operated Boat Charter:" for the daily passenger service to and from Lummi Island. • For emergency service, the Contractor is required to provide a 24-hour emergency contact telephone number. The County will give one week's notice to schedule service that is not an emergency. • During emergencies, the Contractor must be able to respond by providing a vessel for service within six hours of the request. Emergencies include mechanical failure to the Whatcom Chief Ferry or the occurrence of other unforeseen circumstances. Contract for Services Temporary Passenger Service to Lummi Island Page 10 V2.0 134 Whatcom County Temporary Ferry Service To and From Lummi Island 2015 Dry Dock Ferry Schedule Departure Times Monday through Friday Saturday Sunday Lummi Island to Gooseberry Point 5:40 AM 3:00 PM 7:00 AM i 7:00 AM 6:00 4:00 8:00 8:00 6:20 4:20 9:00 9:00 7:00 5:00 10:00 i 10:00 7:20 5:20 11:00 11:00 8:00 6:00 12:00 PM 12:00 PM 8:20 6:20 1:00 1:00 9:00 7:00 2:00 2:00 9:20 7:20 3:00 i 3:00 10:00 8:00 4:00 4:00 10:20 9:00 5:00 5:00 11:00 10:00 6:00 6:00 12:00 PM 11:00 7:00 7:00 1:00 12:00 AM 8:00 8:00 2:00 9:00 9:00 '• 10:00 i 10:00 11:00 11:00 12:00 AM 12:00 AM 12:20 Gooseberry Point to Lummi Island 5:50 AM 3:10 PM 7:10 AM i 7:10 AM 6:10 4:10 8:10 8:10 6:30 4:30 9:10 i 9:10 7:10 5:10 10:10 10:10 7:30 5:30 11:10 11:10 8:10 6:10 12:10 PM 12:10 PM 8:30 6:30 1:10 1:10 9:10 7:10 2:10 2:10 9:30 7:30 3:10 3:10 10:10 8:10 4:10 4:10 10:30 9:10 5:10 5:10 11:10 10:10 6:10 6:10 12:10 PM 11:10 7:10 i 7:10 1:10 12:10 AM 8:10 8:10 2:10 9:10 i 9:10 10:10 10:10 11:10 11:10 12:10 AM 12:10 AM i 12:30 i Extra Runs will be made if Subject to change without notice. Crossing time approximately necessary to clear the dock. Adverse weather may delay runs. five (5) minutes Contract for Services Temporary Passenger Service to Lummi Island Page 11 V2 A 135 DAILY RENTAL EXHIBIT "B" (COMPENSATION) Two Licensed Operators One Operator Per Shift 2. Rates: a. September 1 through April 30 $2595 per day of service b. May 1 through August 31 $6500 per day of service Contract for Services Temporary Passenger Service to Lummi Island Page 13 V2. o 136 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015-156A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: I i ��j 5/26/15 Public Works Rob Ne �� i C V E D s Division Head: Rob Ne MAY 1 1 Dept. Head: �' Jon Hutchins l� HATcOM COUNTY 05ho®ts Dan Gibson Purchasing/Budget:COUNCIL Brad Bennett Executive: h Jack Louws TITLE OF DOCUME Public Works analysis of the Washington State Ferry HIYU. ATTACHMENTS: 1. Memorandum 2. Elliot Bay Design Group Report- Terminal Compatibility Study 3. PND Engineers Memorandum 5/12/15 4. Elliot Bay Design Group Memorandum 5/13/15 SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) On April 28t" the Council heard a presentation by an independent Lummi Island Group regarding the Washington State Ferry HIYU. At that meeting, the Council requested Public Works provide further details on the Vessel. The attached memorandum outlines Public Work's findings. 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. 137 WHATCOM COUNTY C�oM co WHATCOM COUNTY PUBLIC WORKS DEPT. sP` oy FERRY DIVISION < 322 N. Commercial St, Suite 210 JON J. HUTCHINGS Bellingham, WA 98225 Director or (360) 676-6692 4SH 1 N G'C MEMORANDUM TO: The Honorable Jack Louws, Whatcom County Executive and Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, DirectorR E C ' Public Works +��, � ,;zap FROM: Robert Ney, Special Programs Manager 1,A 1 4 � `� g55 RE: Washington State Vessel HIYU JAC17K LO)W DATE: May 14, 2015 On April 281h the Council heard a presentation by an independent Lummi Island group regarding the Washington State Ferry HIYU. The independent group is recommending the County Council purchase this vessel when it is available through the State surplus process. It is anticipated the surplus of the vessel will occur this summer. The Council requested Public Works analyze the M/V HIYU and bring forward that analysis to the Public Works Committee of the Council. Background: Public Works contracted Elliot Bay Design Group to perform a very high level "Terminal Compatibility Study" of how the HIYU interfaced with the existing dock(s) infrastructure (attached). The report identified that the HIYU is not compatible with the existing infrastructure and modifications to the docks would be necessary to accommodate the considerably larger vessel. After the Council meeting, Public Works commissioned two additional studies: 1) PND Engineers Study (attached Memorandum) - Analysis of the cost of modifications necessary to operate the HIYU at Gooseberry Point and Lummi Island. 2) Elliot Bay Design Group Study (attached Memorandum) - Analysis of converting the HIYU from an H Class Vessel to a T Class Vessel. The following is a brief analysis of the information collected regarding the M/V HIYU. VESSEL COMPARISON AT A GLANCE. AGE LENGTH WIDTH HULL DRAFT* PASS/VEHICLES CHIEF 1962 99, 44.1' 6' 6" 100/20 HIYU 1967 162' 63.1' 11'3" 199/34 138 Issue #1- COMPATABILITY WITH EXISTING DOLPHINS/WING WALL INFRASTRUCTURE The Dolphins and Wing walls are designed and installed to be compatible with a specific vessel. The current configuration will not accept the width of the HIYU, nor is this infrastructure designed for the energy created by the larger vessel (See Appendix B, Page 7). A complete overhaul, replacement and expansion of this infrastructure would be required to accommodate the HIYU. Existing breakwaters at both terminals would have to be extended which require negotiation of new and larger tideland leases with DNR (eelgrass bed issues). The County enlisted PND Engineers to perform a very high level analysis of the infrastructure improvement costs. The replacement construction cost of the Dolphins and Wing Walls, and breakwater, is estimated between $7.4-11.3 million (PND Memo 5/13/15 Pages 4). Based on the memorandum Prepared by James Lee, dated 12/4/14, the expected timeline to permit the new dolphins and wing walls to accommodate the HIYU is 20-30 months. Therefore, the County would have to moor or dock the vessel until such time these improvements are in place. It should be noted the County replaced the Dolphins at Gooseberry Point in 2014. Approximately $800,000. Issue #2- H CLASS vs. T CLASS T Class = Under 100 Ton H Class= Over 100 Ton The Whatcom Chief is classified a T Class Vessel by the Coast Guard. The Certificate of Inspection (COI) for the Whatcom Chief requires a Master/ Captain, and two deckhands (the county employs one Purser as one of the deck hands). The HIYU is an H Class Vessel per its COI. The HIYU requires a Master/Captain, an Engineer (to remain in the Engine Room while sailing), and three deckhands. Therefore, there is an increase in staffing for this vessel of two employees per sailing, for a total of six total staff members (for each position there are three shifts -day shift, night shift, and the shift that is off for the rotation). The annual cost for this option is approximately $600,000. All licensing for the Masters and new licenses for the Engineer would need to be upgraded to 500 Ton licenses. It is our belief there are two options to reclassify the HIYU to a lower classification: 1) Act of Congress. Unknown; likely requirements remain with Coast Guard endorsement. Only one known example of this happening (Zodiac). 2) Modifications to the Vessel (see EBDG analysis). Estimates of approximately $500,000 for steel work alone, along with "major additional costs" to upgrade system to current regulations, "if possible at all." 139 Issue #3- TIDAL RESTRICTIONS Per the EBDG study, there are approximately 60 instances annually when the tide is at or below -1', not allowing the HIYU to dock at Lummi Island terminal (staff calculated 70). Therefore, there would be a required shut down in service during these periods when they occur during operating hours. Of greater concern is the occurrence of extreme low tides during out of service hours (night), in which case the crew would have to operate the vessel away from the dock, creating additional operating time and expense. Issue #4- MULTIPLE VESSELS REQUIRING DRYDOCK AND OPERATIONAL COSTS OF MULTIPLE FERRIES The Chief has an annual dry dock costs of approximately $220-320,000. Lacking any vessel specific information, we assume the (bi-annual) cost of dry-dock & repairs is equal to or greater than half the cost of the Whatcom Chief, approximately $150,000/year. Issue #5- MOORAGE COSTS & LEASE REVENUE FOR RESERVE VESSEL It is estimated there would be an annual cost of $24-30,000 to moor Whatcom Chief. Lease Revenues, leasing out the HIYU or Chief to other agencies, are unknown and can only be contemplated as a retainer for availability during planned dry docks for other agencies. Should this occur, the County would have to contract for emergency service, offsetting some of the revenue gained. Issue #6-USEFUL LIFE EXERCISE Vessels are same vintage. Extent of HIYU retrofit remains unverified HIYU is an interim solution to an unspecified problem (irreparable failure of Whatcom Chief). SUMMARYAND CONCLUSION Purchasing the HIYU is an interim solution to an assumed problem of inadequate service level. The County has an existing contingency plan for emergencies which cause the Whatcom Chief to be out of service. The HIYU does not address the more important question of long-term service to people of Lummi Island and Whatcom County. It is the recommendation of Public Works that if there is to be a two -vessel program, it does not include the M/V HIYU. Staff is currently exploring more viable options that include collaboration with Skagit and Pierce Counties, and the viability of the Vessel Trek. Without an identified immediate emergency need, moving forward with the HIYU is not a prudent decision given the unknown nature of the Lummi Nation negotiations regarding the Marina. Public Work recommends to the Council to not move forward with any additional analysis of the M/V HIYU. 140 COSTS SPENT TO DATE ON THIS EXERCISE PND- $4,000 EGDG ORIGINAL HIYU STUDY & EGDG SUPPLIMENTAL REGARDING CONVERSION OF HIYU TO T CLASS-$4,700 STAFF TIME (HRS) PW DIRECTOR (JH/FA) 8-10 hrs SPECIAL PROGRAMS MANAGER (RN) >40 hrs BRIDGE AND HYUDROLICS MANAGER (JL) 20 hrs BRIDGE PROGRAM ENGINEER (CS) 8 hrs 141 Whatcom County Dept. of Public Works M/V HIYU 4/6/15 PREPARED BY Elliott Bay Design Group 5305 Shilshole Ave. NW, Ste. 100 Seattle, WA 98107 GENERAL NOTES 1. This document is for information and planning purposes and not intended for regulatory review. REVISIONS REV DESCRIPTION DATE APPROVED - Initial Issue 4/6/15 JEJ 48949 CONFIDENTIAL AND PROPRIETARY PROPERTY OF ELLIOTT BAY DESIGN GROUP LLC MAY NOT BE USED FOR CONSTRUCTION OR PROVIDED TO ANY THIRD PARTIES WITHOUT PRIOR WRITTEN CONSENT. © 2015 ELLIOTT BAY DESIGN GROUP. ELLIOTT BAY DESIGN GROUP Job: 15015 By: JEJ 15015-001-070-0-.docx Rev.- Page: i 142 Whatcom County Dept. of Public Works M/V HIYU 4/6/15 TABLE OF CONTENTS ',m 1 Purpose 1 2 Procedure 1 2.1 Terminal Analysis 1 2.2 Water Depth 1 3 Conclusions 2 4 References 2 Appendix A 3 Appendix B 6 Appendix C 8 Appendix D 10 Appendix E 12 ELLIOTT BAY DESIGN GROUP Job: 15015 By: JEJ 15015-001-070-0-.docx Rev. - Page: ii 143 Whatcom County Dept. of Public Works M/V HIYU 4/6/15 1 PURPOSE The MN HIYU is a Roll On - Roll Off (Ro-Ro) vehicle ferry which is 162' in length, 63. F in breadth, and 15.5' in total hull depth. Whatcom County Department of Public Works is interested in utilizing the MN HIYU for use in the Whatcom County ferry system which serves terminals at Gooseberry Point and Lummi Island in Washington State, and possibly the Alaska Marine Highways System (AMHS) terminal in Bellingham, WA. To accommodate MN HIYU the terminals will require modifications in order to safely interface with the vessel at Gooseberry Point and Lummi Island. This report illustrates the extent of the terminal modifications required to accommodate the M/V HIYU. 2 PROCEDURE This analysis is similar to what was previously done for the MN TREK [1]. However, unlike the M/V TREK study this study focuses on modifications needed to the terminals to accommodate the MN HIYU. 2.1 Terminal Analysis The terminal layouts were taken from Reference [2]. The M/V WHATCOM CHIEF was drawn in the terminals to determine the existing overlap between the deck and apron. All efforts were made to meet the same amount of apron overlap that currently exists with the MN WHATCOM CHIEF. The MN WHATCOM CHIEF deck plan was taken from Reference [3]. The deck plan of the M/V HIYU was taken from Reference [4]. Various modifications to the deck plan were examined at both terminals and in three orientations. The apron overlap was checked with: • the vessel against the wingwalls and square to the apron • the vessel against the wingwalls and rotated against a port dolphin • the vessel against the wingwalls and rotated against a starboard dolphin The deck edge of the M/V WHATCOM CHIEF, M/V TREK and the modified MN HIYU are shown together for comparison in Appendix A. 2.2 Water Depth The M/V HIYU has a considerably deeper draft than the MN WHATCOM CHIEF. The confined entry to the Lummi Island terminal may pose some operational issues during periods of extreme low tides [5]. There is no industry standard for operating a passenger vessel in any given water depth. Generally speaking it is common practice to keep at least P to 2' of water beneath the keel to prevent accidental groundings. Consideration should be given to the type of bottom, exposure to wind and waves, and any additional hazards. In this case the bottom is sandy which reduces the risk of damage in the case of accidental grounding. The location is well sheltered from the long swells of the Salish Sea which would cause the vessel to ground due to waves. Referencing the National Oceanographic and Atmospheric Administration (NOAA) tidal predictions for Bellingham Bay in 2015, there are 8 instances of a -2.0' tide or lower which ELLIOTT BAY DESIGN GROUP Job: 15015 By: JEJ 1J04145-001-070-0-.docx Rev. - Page: 1 Whatcom County Dept. of Public Works MN HIYU 4/6/15 would leave only F or less of water beneath the keel [6]. There are 60 instances of a -1.0' tide or lower which leaves 2.0' or less of water beneath the keel. Given these factors the draft of the M/V HIYU is a concern and will limit the operations of the vessel in the Whatcom County Ferry System. The severity of the limitations will be dependent upon the conditions at the time of sailing. 3 CONCLUSIONS The suggested modifications to the Whatcom County ferry terminals are shown in Appendix C. The terminal dolphins and pilings must be widened to accommodate the larger vessel approach. 4 REFERENCES [ 1 ] Elliott Bay Design Group, "M/V TREK: Terminal Compatibility Study," 14040-001-070-0 Rev -, Seattle, WA, 1/27/15. [2] PND Engineers, "914004," Gooseberry Point Terminal Dolphin Replacement, 2014. [3] Elliott Bay Design Group, "05017-1-1042EX," Whatcom Chief Main Deck Arrangement, 2005. [4] Blount Marine Corporation, "A-293 -1-B," General Arr'gt & Profile, 100' Auto -Ferry, 1968. [5] PND Engineers, Inc., "Gooseberry Point Terminal Dolphin Replacement," CRP # 914004, Seattle, WA, 3/2014. [6] National Oceanographic and Atmospheric Administration, "Tide Predictions - Bellingham 9449211 Tidal Data Daily View - NOAA Tides & Currents," Center for Operational Oceanographic Products and Services, 15 10 2013. [Online]. Available: http://tidesandcurrents.noaa.gov/noaatidepredictions/NOAATidesFacade.j sp?Stationid=9449 211. [Accessed 30 3 2015]. ELLIOTT BAY DESIGN GROUP Job: 15015 By: JEJ 15015-001-070-0-.docx Rev.- Page: 2 145 Whatcom County Dept. of Public Works M/V HIYU 4/6/ 15 Appendix A Vessel Comparison ELLIOTT BAY DESIGN GROUP Job: 15015 By: JEJ 15015-001-070-0-.docx Rev.- Page: 3 146 Whatcom County Dept. of Public Works M/V HIYU 4/6/15 ELLIOTT BAY DESIGN GROUP 15015-001-070-0-.docx Job: 15015 By: Rev.- Page JEJ 147 Whatcom County Dept. of Public Works MN HIYU 4/6/15 ELLIOTT BAY DESIGN GROUP 15015-001-070-0-.docx 148 Job: 15015 By: Rev.- Page: JEJ Whatcom County Dept. of Public Works M/V HIYU 4/6/ 15 Appendix B MN HIYU at Existing Terminals ELLIOTT BAY DESIGN GROUP Job: 15015 By: JEJ 15015-001-070-0-.docx Rev. - Page: 6 149 Whatcom County Dept. of Public Works MN HIYU 4/6/15 11<tZ Figure I - H/V HIYU at the Gooseberry Point Ferry Terminal -7, Figure 2 - H/V HIYU at the Lummi Island Ferry Terminal ELLIOTT BAY DESIGN GROUP Job: 15015 By: JEJ 15015-001-070-0-.docx Rev.- Page: 7 150 Whatcom County Dept. of Public Works M/V HIYU 4/6/15 Appendix C M/V HIYU at Modified Terminals ELLIOTT BAY DESIGN GROUP Job: 15015 By: JEJ 15015-001-070-0-.docx Rev.- Page: 8 151 Whatcom County Dept. of Public Works M/V HIYU 4/6/15 Rotated — 8 De Figure 3 - H/V HIYU at modified Gooseberry Point Ferry Terminal Figure 4 - NI/V HIYU at modified Lummi Island Ferry Terminal ELLIOTT BAY DESIGN GROUP Job: 15015 By: JEJ 15015-001-070-0-.docx Rev. - Page: 9 152 Whatcom County Dept. of Public Works M/V HIYU 4/6/15 Figure 5 — M/V HIYU rotated at new Gooseberry Point Ferry Terminal. Existing vessel rotation is dashed for reference. Figure 6 M/V HIYU rotated at new Lummi Island Ferry Terminal. Existing vessel rotation is dashed for reference. ELLIOTT BAY DESIGN GROUP Job: 15015 By: JEJ 15015-001-070-0-.docx Rev.- Page: 11 153 Whatcom County Dept. of Public Works M/V HIYU 4/6/15 TERMINAL, RAMP 16' Figure 7 - Considered vessel drafts at the Gooseberry Point Ferry Terminal. Waterdepths shown are Mean Low, Low (MLL) tide. The M/V HIYU draws approximately 11 '-3 " [5]. 14' Figure 8 - Considered vessel drafts at the Lummi Island Ferry Terminal [5]. TERMINAL RAMP ELLIOTT BAY DESIGN GROUP Job: 15015 By: JEJ 15015-001-070-0-.docx Rev.- Page: 13 154 ENGINEERS, INC. To: Christina Schoenfelder, Whatcom County Public Works Date: May 13, 2015 From: John Olson, PND Engineers, Inc. Project No: 154032.01 Subject: Lummi Ferry System —Analysis of Terminal Modifications to Accommodate the M/V HIYU Ferry Whatcom County has requested that PND Engineers conduct a feasibility and east analysis of possible terminal modifications to the Lummi Island Ferry System that would be rejred to accommodate a different vessel than the one currently serving the route. Following is a'am of our analysis and r opinion of probable cost to make the required modifications. INTRODUCTION The County has become aware of a surplus vessel from tn(ashingt'State Ferries fleet, which may be available to replace the vessel currently serving the Lummiystem. The potential replacement vessel is the M/V HIYU (HIYU), which is larger in le, beam, draft and displaced volume (weight) than the existing vessel, the M/V WHAT C3M_ CHIEF (CHI T the relevant specifications for each vessel are presented further into this report as artao,parison say. patibirt Study, which explored the extent of imodate the HIYU. The study also considered serve the HIYU. The scope of the study ,yout of the dolphins and wingwalls. The study ind berthing energy due to vessel mass, which II structures. This report will c008,Wer theAdditiortal,constraints of vessel mass, length, draft and beam and the costs associated with all recomm640 modjf€cations to the berthing facilities. Anticipated modifications will include: 1) Demolitio .,cif existing d' hins and wingwalls at both terminals 2) New style dcaJphin design, accounting for larger berthing forces 3) Relocation of dJ6IpMris to provide adequate slip width for landing and load/unload as well as sufficient offset distance from end of ramp for half point moorage 4) New style wingwall design, accounting for larger berthing forces 5) Reorientation of wingwall berthing face to fit new vessel profile 6) Foundation type must account for varied soil conditions and overburden depth at each terminal (i.e. rock anchors in shallow bedrock, bearing plates or tension pile tips in deep overburden, etc.) 7) New, relocated south breakwater at island terminal 8) Dredging to accommodate deeper vessel draft 1736 4ch Avenue South, Suite A • Seattle, Washington 98134 • phone: 206.624.1387 • www.pndengineers.com 155 Lummi Ferry M/V HIYU Terminal Modifications —Assessment and Costs VESSEL COMPARISON The following Table 1 summarizes the principal characteristics of each vessel considered as part of this study. The terminals have been designed, constructed and repaired or upgraded to accommodate the characteristics of the existing vessel, CHIEF. Each of these characteristics needs to be considered when evaluating the suitability of the terminal facilities to accommodate a new vessel. Existing Proposed Vessel Name M/V WHATCOM CHIEF M/V HIYU Length 99'-10" 162'-0" Beam 44'-1" 63'-1" Draft 9'-1" 11'-3" Displacement 192 long tons 621 long tons � Passenger Capacity 100 max 200 m Vehicle Capacity 20 autos 34-;*tos Speed 10 knots knots Table 1. Vessel Comparison TERMINOLOGY For the purposes of this report the following tern that are subject to modification. The wingwalls at side of the ramps. The main function of the wingti push forward against when loading and unloadint layout for the dolphins, but we wilf I su e that a four dolphins at each terminal. Thy outeroist do guide the vessel into the slips "he inner d6fphins, call breasting dolphins. The feasting O 1 wi berthed in the slip. ANTICIPATED 77 Aogy will be b ec to describe the various structures he e der structufsitting immediately to each Is is foot a fender surface for the vessel to act 'i fiminal'li s a different configuration and n�vdolphin arrangement will consist of a total of s we will call approach dolphins, used to help twin the wingwalls and approach dolphins, we will e the structures that the vessels lays against when In order toodify the terminal-t Gooseberry Point and Lummi Island to accommodate the HIYU, a number of sigolficant structural.canges are anticipated. Factors to be considered include vessel length, beam, displace rnt tonnage (weight) and vessel under keel draft. Following is a brief discussion of the principal characte'risti s, and h"w they affect the modification of the terminal elements. Length The location, placement and spacing of the dolphins at each terminal are determined, in part, on the length of the vessel. Generally, when the vessel is at berth, the breasting dolphins should be located slightly past the midpoint of the vessel, for balance. The new dolphins at the Gooseberry Point terminal were constructed with this goal in mind (for the CHIEF). The additional length of the HIYU versus the CHIEF suggests that the location of the breasting dolphins should be moved offshore approximately 30 feet in order to meet this criteria. The breasting dolphins on the North side of the Lummi Island terminal appear to provide the spacing required of this criteria for the HIYU, however later in this report we will illustrate other shortcomings with the placement of the existing dolphins for the HIYU. The spacing to Page 2 of 4 May 13, 2015 Lummi Ferry M/V HIYU Terminal Modifications —Assessment and Costs the furthest offshore dolphin on the South side of the berth could work for a breasting dolphin, although other limitations will control the possible use of this dolphin for the HIYU, as shown later in the report. Another consideration is the desire to potentially use the CHIEF, in addition to the HIYU, at the reconfigured slip. Since the new breasting dolphins will be located further seaward than before, the gap between wingwall and breasting dolphin may exceed the optimal spacing for moorage of the CHIEF, possibly requiring another dolphin to each side of the slip. A moorage analysis would be needed to confirm acceptable vessel angles at the ramp for loading and unloading. It should also be noted that the design of new dolphins for use by the HIYU would be larger and have greater stiffness (to account for the larger vessel weight) than those being used by the CHIEF. This should be taken into consideration when evaluating the option of using the CHIEF and the HIYU at the same facility.,, In addition, the existing breakwater at the Lummi Island terminal which pr vide' s protection from the predominately southern storm events extends approximately 115 feet f rn t :e ramp. The CHIEF can shelter behind the breakwater during severe storm events and overnirt moue. The longer HIYU would be exposed to more of the storm energy unless the wave airier was exteid Displacement Ttrra�e Displacement tonnage represets the weight of water displaced by the vessel hull when the vessel is fully loaded and fueiand;Aherefore the weight of the vessel and all contents). This figure is critical in the design of dolphins arsd wingwalls as the weight of the vessel is directly related to the energy and force required to slow and stop it from moving. The HIYU has a displacement greater than three times that of the CHIEF. The current dolphins and wingwalls are designed to accommodate the CHIEF, so a new dolphin and wingwall design will need to be implemented for the HIYU. Although it is possible that some of the existing construction materials may be suitable for use in the new design, coordination of these efforts (design applicability and contractor means and methods) might cost more than the realistic value gained. Page 3 of 4 May 13, 2015 157 Lummi Ferry M/V HIYU Terminal Modifications —Assessment and Costs OPINION OF PROBABLE COSTS The costs associated with making modifications to the terminals in order to accommodate substitution of the motor vessel WHATCOM CHIEF with the HIYU are presented here as a rough order of magnitude estimate for planning purposes. Costs are presented in Table 2, below, with high/low range for each item. The average estimated cost is approximately $9.4 million with a plus/minus of about 20 percent. If additional dolphins are needed to accommodate both the HIYU and the CHIEF, this cost would increase to approximately $11 million plus or minus 20 percent. Further analysis should be conducted to refine the presented estimates. Item Low ROM High Mobilization/Demobilization (-10% of Subtotal) $ 450,000 to " =$ 690,000 Demolition and Disposal $ 150,000 to $ 300,000 New Gooseberry Pt. Dolphins (4 total) $ 800,000' " to $ 1,200,000 New Lummi Island Dolphins (4 total) $ 1,000,000 to $ 1,400,000 New Gooseberry Pt. Wingwalls $ 600,000 to $ 1,000,000 New Lummi Island Wingwalls $ 80,000 to $ 1,200,000 New Relocated and Extended Breakwater 1,000,000 to $ 1,500,000 Dredging and Disposal $ " ' 60,000 to $ 100,000 Tower Support at Lummi Island $ 100,000 to $ 200,000 Subtotal $ 4,960,000 to $ 7,590,000 Construction Contingency (-20%) $ 992,000 to $ 1,518,000 WSST (8.5%) $ 506,000 to $ 774,000 Construction Subtotal $ 6,458,000 to $ 9,882,000 Engineering/Permitting/Etc. (-15%) $ 969,000 to $ 1,482,000 PROJECT BUDGET $ 7,427,000 to $ 11,364,000 Table 2. ROM Cost Estimate g 1 I Page 4 of 4 May 13, 2015 ENc;rvr-.F,R,,IN(:. 158 Lultl �s �i €, Elliott ;/ • 1 1 MEMORANDUM Vessel: M/V HIYU Engineer: Reference Date: Subject: Mr. Lee, Chuck Barrett J15015-02M 5/13/15 Se 3tric.'77A 206.782.3082 New Orieairs. LA • 504.529,1754 Ketchikan. AK . 907,821.2559 M/V HIYU Tonnage Revision Feasibility ,�, JE �994 ��. \810NAL Per your direction we have prepared this document to briefly describe the impacts and challenges of converting the M/V HIYU from a Subchapter H passenger vessel to a subchapter T passenger vessel for service within the Whatcom County Ferry system. TONNAGE Tonnage, or admeasurement, is a measure of a vessel's cargo carrying capacity. In the regulatory context, the United States Coast Guard (USCG) uses the vessel tonnage to classify the size of the ship and which regulatory regime applies. In the case of a Subchapter H vessel it means the vessel is over 100 Gross Registered Tons (GRT). In contrast, your current vessel, the WHATCOM CHIEF, is a Subchapter T vessel because it is less than 100 GRT and carries fewer than 150 passengers. To reduce a vessel's GRT non -watertight bulkheads, tonnage bulkheads need to be installed in the hull according to the framing plan and tonnage stations. These bulkheads have very specific rules in their arrangements. Given the vessel was designed uithout these bulkheads it is likely there will be systems and piping which will need to be relocated to comply with the arrangement of the new bulkheads. We have not inspected the vessel and cannot offer an estimate as to this impact. Without more time and information we cannot claim whether the M/V HIYU will be successful in reducing her tonnage to under 100 GRT. REGULATORY We reviewed the last stability document on our files (pre -construction) and the vessel was designed with some margin for extra loading, but the addition of tonnage bulkheads will use at least eight (8) inches of the old 12" margin. The maximum design draft was just over 11' (scantling draft 11'-3") so there may not be margin left to add 8" of draft worth of changes. However, the vessel does not appear to be GM limited. Per USCG PSIX, the vessel does appear to be currently certified, so the current grandfathering would remain if the vessel stays a Subchapter H vessel. Changing to a Subchapter T boat would likely 159 Whatcom County Dept. of Public Works Ref: J15015-02M 5/12/15 Page 2 be considered a "major modification" so the vessel could be subject to many of the rules for a new vessel. MANNING A Subchapter T vessel does not require a licensed chief engineer. The under 100 GRT ratings can be easier to find on the market for mariners, compared to the ratings for 1600 ton which are currently required aboard the M/V HIYU. There may be other manning implications as well which will need to be discussed with the USCG. CONVERSION COSTS We estimate needing to add approximately 9,500 sq. ft. of '/a" plate, minimum weight of 125 kips. At $4.00/lb. installed, this is at least $500,000 for the steel work. This estimate does not include impacts to systems due to the installation of the bulkheads. This also does not include the costs of addressing tonnage requirements in the passenger spaces and superstructure. Also there will likely be costs to bring the vessel in compliance with current regulations due to the "major modification" described previously. CONCLUSION Our estimate is that it would be considerably expensive, and may not be possible at all, to convert the M/V HIYU vessel to under 100 GRT. The feasibility of modifying the tonnage must be determined before moving forward. It may be most economical to maintain the vessel as a Subchapter H vessel. The shipyard most likely had "recommissioning" in mind when they submitted their estimate. The shipyard estimate is a reasonable price to bring a laid up (though still currently inspected) vessel back to form for several years. RECOMMENDATIONS 1. Perform a tonnage feasibility study to determine whether the vessel actually can be brought under 100 GRT. The study should also include statements describing the impacts to systems and arrangements so costs can be estimated. 2. If the tonnage study reveals the vessel can be brought under 100 GRT discuss with the USCG what other requirements may be enforced. 3. Create a comprehensive cost estimate based on the tonnage study and additional USCG requirements. 4. Evaluate Options a. Convert the M/V HIYU to a Subchapter T vessel b. Maintain the M/V HIYU's Subchapter H Certificate of Inspection (CoI). WHA I UUM (-'U UJV I'Y CU UNCIL AGENDA BILL No. 2Uib-U69 CLEARANCES Initial Date Date Received in Council Wice Agenda Date Assigned to: Originator: JjW 1/20115 2/10/1.5 Introduction 5) V 3/3/15 Hearing Division Head.- FEB 03 2015 WH/VTCOM COUNTY CUNCIL. O 3/17/15 Public Works Comm. Dept Head: Prosecutor: 11,2 Z- 115- 5/26/2015 ?ublic Works Comm. PurchasinglBudget: 6/9/2015 Council Executive: 4EN & //-ff TITLE OF D6) T. Ordinance amending WCC 24.13, Illegal Drug Manufacturing or Storage Sites ATTACHMENTS. Illegal Drug Manufacturing or Storage Sites Ordinance Strike out version of proposed amendments to WCC 24.13 Illegal Drug Manufacturing or Storage Sites Clean version of WCC 24.13 Illegal Drug Manufacturing or Storage Sites 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 RCWor WCC as appropriate. Be clear in explaining the intent of the action.) The purpose of the proposed amendments to WCC 24.13 is to be consistent with Chapter 246-205 WAG Illegal Drug Manufacturing or Storage Sites and to clarify processes with illegal" use 'sites. COMMITTEE ACTION. COUNCIL ACTION. 3/17/2015: Amended, discussed and Held in Committee 2/10/2015: Introduced 7-0 (proposed schedule - March 3 Public Hearing) 3/3/2015: Referred to the PUblic Works, Health, and Safety Committee 6-0 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. 161 WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Memorandum TO: Jack Louuwws, Whatcom County Executive FROM: Regina A. Delahunt, Health Director DATE: May 4, 2015 RE: Ordinance Amending WCC 24.13, Decontamination of Illegal Drug Manufacturing, Distribution or Storage Sites Requested Action Regina A. Delahunt Director Greg Stern, M.D. Health Officer Attached is an ordinance amending WCC 24.13, Decontamination of Illegal Drug Manufacturing, Distribution and Storage Sites for Council review in the Public Works, Health and Safety committee on May 12, 2015. Background and Purnose On July 12, 2005, Council adopted WCC 24.13, Decontamination of Illegal Drug Manufacturing, or Storage Sites regulations which mirrored WAC 246-205 with the addition of illegal use sites. On April 15, 2014, health staff presented to the Health Board how current enforcement of WCC 24.13 has shown to be onerous for property owners with confirmed illegal use sites. The enforcement process is the same as for a manufacturing site where the level of public health risk is much greater. The Board of Health directed the Public Health Advisory Board and health department staff to draft recommendations to amend WCC 24.13. On May 1, 2014 and June 5, 2014, the PHAB discussed eliminating restrictive decontamination requirements thereby decreasing financial and enforcement barriers to self -reporting and clean-up. By providing technical assistance to use site property owners rather than enforcement, the result would actually increase cleanups. It was agreed to move forward for Council consideration amended language to local code that is consistent with state requirements. During the time period July 2014 through December 2014, the Health Department worked in collaboration with City of Bellingham officials to further clarify the intent and use of this regulation. On March 3, 2015 health staff presented to the Council where it was referred back to the Public Works, Health and Safety for further discussion. On March 17, 2015, health staff presented to the Public Works, Health and Safety committee. Committee members provided further language modification that has been incorporated into the current version. Information Enclosed are an agenda bill, the revised ordinance and a revised Exhibit A-WCC 24.03 both strike -out version and final (clean) version. Thank you for your consideration. Please call me at extension 50801 if you have any questions. Encl. 509 Girard Street Bellingham, WA 98225-4005 (360) 676-6724 FAX (360) 676-6771 162 PUBLIC HEALTH 150 North State Street Bell gham, WA 98225-4551 ALWAYS wOra€ Wr FOR A SAFERAMP HEALTHIER WHATCOM COUNTY (360 ) 676-4593 www.whatcomcounty.us/health FAX (360) 676-6772 SPONSORED BY: PROPOSED BY: John Wolpers INTRODUCTION DATE: February 10, 2015 ORDINANCE NO. 2015- AMENDING WHATCOM COUNTY HEALTH CODE WCC 24.13, DECONTAMINATION OF ILLEGAL DRUG MANAUFACTURING OR STORAGE SITES WHEREAS, the state Board of Health enacted Washington Administrative Code section 246-205 Decontamination of Illegal Drug Manufacturing or Storage Sites effective January 23, 2003; and WHEREAS, local Boards of Health are required to adopt the WAC by reference or local regulations that are at least as stringent; and WHEREAS, the Whatcom County Board of Health adopted local regulation July 12, 2005; and WHEREAS, those regulations included additional language for illicit methamphetamine use sites; and WHEREAS, the Health Department on May 1, 2014, presented to the local Board of Health compelling financial and enforcement barriers for property owners with illicit methamphetamine use sites; and WHEREAS, the Public Health risk associated with illicit methamphetamine use sites can be minimized more effectively through technical assistance guidance; and WHEREAS, the Whatcom County Board of Health requested the Public Health Advisory Board to recommend amendment language of the local regulation to address these issues; and WHEREAS, the State Department of Health modified the decontamination standards from a "detection" limit to a "health based" limit; and WHEREAS, the proposed amendment language addresses illicit use site protocols and provides consistency with state regulation; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, acting as the Whatcom County Board of Health, that WCC 24.13 Decontamination of Illegal Drug Manufacturing or Storage Sites be amended as outlined in Exhibit A. ADOPTED this day of ATTEST: Dana Brown Davis, Clerk of the Board APPROVED T Ro i am, Civil Deputy Prosecutor 2015. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair ( ) Approved ( ) Denied Jack Louws, County Executive Date: 163 EXHIBIT A Chapter 24.13 DECONTAMINATION OF ILLEGAL DRUG MANUFACTURING, DISTRIBUTION OR STORAGE SITES Sections: 24.13.010 Authority. 24.13.020 Purpose. 24.13.030 Adoption by reference. 24.13.040 Applicability. 24.13.050 Definitions. 24.13.060 Determination of contamination for illegal manufacturing, distribution and storage sites. 24.13.065 Determination of contamination of suspected Illegal Use Sites 24.13.070 Decontamination. 24.13.080 Violations. 24.13.090 Appeals. 24.13.100 Fees. 24.13.110 Severability. 24.13.010 Authority. The statutory authority for the adoption of this chapter is provided in Chapter 64.44 RCW, Contaminated Properties, and Chapter 70.05 RCW, Local Health Departments, Boards, Officers — Regulations. Any subsequent amendment to these chapters shall be incorporated into this chapter without the need for further amendment. (Ord. 2005-055 Exh. A). 24.13.020 Purpose. This chapter provides for the protection of the health, safety, and welfare of the public by reducing the potential for exposure to hazardous chemicals associated with illegal drug manufacturing, distribution or storage sites. (Ord. 2005-055 Exh. A). 24.13.030 Adoption by reference. Chapter 246-205 WAC, Decontamination of Illegal Drug Manufacturing or Storage Sites, is hereby adopted by reference. If a conflict arises between Chapter 246-205 WAC and this chapter, the more 164 restrictive regulation shall apply. Any subsequent amendment to Chapter 246-205 WAC shall be incorporated into this chapter without the need for further amendment. (Ord. 2005-055 Exh. A). 24.13.040 Applicability. This chapter shall apply to any new or existing site defined as an illegal drug manufacturing, distribution or storage site as per WCC 24.13.050, and as defined in this section, to any suspected illegal use site when a law enforcement agency has requested that a health officer investigate contamination at that site, as of the effective date of the ordinance codified in this chapter. (Ord. 2005-055 Exh. A). 24.13.050 Definitions. The following definitions apply to this chapter: A. "Abatement" means any actions taken or ordered by the director to remove or reduce unsanitary, unsafe or nuisance conditions regarding property associated with illegal drug manufacturing distribution or storage. B. "Approved" or "approval" means agreed to in writing by the director. C. "Certified contractor" means a person who has been issued written approval by the Washington State Department of Health to decontaminate, demolish, or dispose of contaminated property as required by this chapter. D. "Contaminated" or "contamination" means polluted by hazardous chemicals so that the property is unfit for human habitation or use due to immediate or long-term hazards, or exceeds +he deGentarn;nation stag d. Fds listed iRWGG 24 3.M. Property that at one time was contaminated but has subsequently been satisfactorily decontaminated according to procedures established by this chapter is not contaminated. E. "Decontamination" means the process of reducing levels of known contaminants to the lowest practical level using currently available methods and processes. F. "Director" means the administrative director of the Whatcom County health department or the director's authorized representative. G. "Disposal of contaminated property" means the disposition of contaminated property under the provisions of Chapter 70.105 RCW. H. "Hazardous chemicals" means the following substances used in the manufacture of illegal drugs: 1. Hazardous substances as defined in RCW 70.105D.020; and 2. Precursor substances as defined in RCW 69.43.010 which the State Board of Health, in consultation with the State Board of Pharmacy, has determined present an immediate or long- term health hazard to humans. 165 I. "Illegal drug manufacturing, distribution or storage site" means any property where a person illegally manufactures or illegally stores a controlled substance, or a law enforcement agency or the property owner believes a person illegally manufactured, distributed or stored a controlled substance. This chapter shall also apply to any property that exceeds the decontamination standards listed in WCC 24.13.070. J. "Illegal Use Site" means any property where a person or persons illegally used a controlled substance K. "Initial site assessment" means the first evaluation of a property to determine the nature and extent of observable damage and contamination. L. "Person" means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or other entity. M. "Posting" means attaching a written or printed announcement conspicuously on property, which may be, or is determined to be, contaminated by illegal drug manufacturing or the storage of a hazardous chemical. N. "Property" means any site, lot, parcel of land, structure, or part of a structure involved in the illegal manufacture or distribution of a drug or storage of a hazardous chemical including, but not limited to: single-family residences, units or multiplexes, condominiums, apartment buildings, motels and hotels, boats, motor vehicles, trailers, manufactured housing, any ship, booth, or garden; or any site, lot, parcel of land, structure, or part of a structure that may be contaminated by previous use. O. "Property owner" means a person with a lawful right of possession of the property by reason of obtaining it by purchase, exchange, gift, lease, inheritance, or legal action. P. "Violation" means an act or omission contrary to a health regulation or permit including an act or omission at the same or different location by the same person and including a condition resulting from such act or omission. (Ord. 2005-055 Exh. A). 24.13.060 Determination of contamination for illegal manufacturing, distribution and storage sites. A. Within one working day of notification from a law enforcement agency of potential contamination, the director shall post a written warning on the property informing potential occupants that entry is unsafe, in accordance with WAC 246-205-520, Posting property B. Within 14 days of notification, the director shall inspect the property in accordance with WAC 246- 205-530, Inspecting property. C. The director shall make a determination of contamination when the inspection reveals the property is contaminated. pFepeny aR illegal dFug maRufacturing oF steFage site, (2) the inspeaien Feveals evidence ef illegal dFug 166 D. Any property determined to be contaminated as defined in this chapter and identified in this subsection is considered a health violation and is subject to orders and notices issued in accordance with Chapter 24.07 WCC, Administrative Notice Proceedings, Civil Penalties, and Abatement. E. Within 10 days after the director determines that a property is contaminated by illegal manufacturing, distribution or storage, the director shall issue a notice of contamination in accordance with WCC 24.07.070(A). 1. When a notice of contamination is issued, the director shall: a. File a copy of the notice prohibiting use of the property with the county auditor; b. Provide a copy of the notice to the local building or code enforcement department; and c. Post the notice in a conspicuous place on the property within one working day of issuance of the notice. (Ord. 2005-055 Exh. A). 24.13.065 Determination of Gcontamination of suspected Illeeal Use Sites A. The director may, when requested by a law enforcement agency, investigate an- a suspected illegal use site for contamination. A site is "contaminated" for purposes of this subsection if it exceeds the decontamination standards set forth in WCC 24.13.070-seEtbn-G7-0- B. Within 10 working days after the director determines that an illegal use site property is contaminated the director shall issue a notice to the owner of the property and to the local building or code enforcement department of the contamination. The department may provide technical assistance to the property owner to assist with decontamination. C. Nothing in this chapter shall preclude or prevent a local jurisdiction, through their building or code enforcement department from enforcement related to a contaminated use site. 24.13.070 Decontamination. A. As per Chapter 246-205 WAC, the decontamination standards are as follows: 1. Methamphetamine of less than or equal to 0:1-1_5 micrograms per 100 square centimeters; 2. Total lead of less than or equal to 20 micrograms per square foot; 3. Mercury of less than or equal to 50 nanograms per cubic meter in air; or 4. Volatile organic compounds (VOC) of one part per million total hydrocarbons and VOCs in air. B. All sampling performed for an initial site assessment or following decontamination procedures shall be conducted by a certified contractor or the director using standardized sampling protocols and methodology. 167 C. The owner shall decontaminate the property in accordance with this chapter, or dispose of the property in accordance with state and local laws. The owner of the contaminated property shall submit a decontamination plan within 45 days and decontaminate or dispose of the property within 90 days of notification of contamination by the director, unless otherwise approved by the director. 1. Any decontamination or disposal activities shall be performed through the services of a certified contractor unless otherwise authorized by the director. 2. Prior to commencing any decontamination or disposal activities, a decontamination work plan must be approved by the director, unless otherwise authorized by the director. Any deviations from the work plan must be approved in advance by the director. D. Any person submitting a work plan for approval by the director shall use the Washington State Department of Health Work Plan Template, as amended. 1. Upon review and approval of a decontamination work plan, the director shall provide written approval of the work plan to the owner. 2. After decontamination activities are completed, a final decontamination report shall be submitted for review by the director, which includes disposal receipts and post sampling results. (Ord. 2005-055 Exh. A). 24.13.080 Violations. Violations of this chapter are subject to Chapter 24.07 WCC, Administrative Notice Proceedings, Civil Penalties, and Abatement. As per WCC 24.07.140, contaminated properties used as illegal drug manufacturing facilities or storage sites that are abated by the county shall be foreclosed. (Ord. 2005- 055 Exh. A). 24.13.090 Appeals. Any aggrieved party may appeal any notice of violation in accordance with WCC 24.07.090, Hearing and appeals. (Ord. 2005-055 Exh. A). 24.13.100 Fees. A fee for review of decontamination work plans may be established in the unified fee schedule, and shall be payable at the time of plan submittal. (Ord. 2005-055 Exh. A). 24.13.110 Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this regulation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this regulation. (Ord. 2005-055 Exh. A). WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015 — 47 K CLEARANCES Initial Date Date Received in Council O ace Agenda Date Assigned to: Originator: 5/19/2015 5/26/2015 Sp. Council COTW Division Head: r Dept. Head: 1 � S' C.® - Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Ordinance establishing a incarceration prevention and reduction task force ATTACHMENTS. SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance establishing an incarceration prevention and reduction task force intended to provide recommendations, oversight, and specific timeframes on the development of new, or enhancement of existing programs designed along a continuum that effectively reduces incarceration of individuals struggling with mental illness and chemical dependency and minimizes jail utilization by pretrail defendants who can safely be released 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. 169 SPONSORED BY: Council PROPOSED BY: Council INTRODUCTION DATE: May 26, 2015 ORDINANCE 2015- ESTABLISHING WHATCOM COUNTY CODE 2.46, CREATING A WHATCOM COUNTY INCARCERATION PREVENTION AND REDUCTION TASK FORCE INTENDED TO PROVIDE RECOMMENDATIONS, OVERSIGHT, AND SPECIFIC TIMEFRAMES ON THE DEVELOPMENT OF NEW, OR ENHANCEMENT OF EXISTING, PROGRAMS DESIGNED ALONG A CONTINUUM THAT EFFECTIVELY REDUCES INCARCERATION OF INDIVIDUALS STRUGGLING WITH MENTAL ILLNESS AND CHEMICAL DEPENDENCY, AND MINIMIZES JAIL UTILIZATION BY PRETRIAL DEFENDENTS WHO CAN SAFELY BE RELEASED WHEREAS, in 2012 the Jail Planning Task Force recommended that space be found for a behavioral health triage facility with sufficient capacity and capability to offer pre -booking diversion from jail; and WHEREAS, the Proposed Countywide Jail is currently designed to include needed space for expanded medical and mental health program space in that facility; and WHEREAS, the Whatcom County Health Department has been planning toward an expanded and new crisis triage facility to provide an alternative to the jail or the hospital emergency room; and WHEREAS, the Whatcom County Council and Whatcom County Executive are committed to these facilities and programs related to behavioral health issues and share the commitment to reduce jail populations and reduce recidivism through jail alternative programs and the County has the financial capacity and is committed to providing the capital necessary for a new or expanded crisis triage center; and WHEREAS, the County currently provides behavioral health programs funded through the Behavioral Health Tax, at approximately $4.1 million annually, which include a continuum of behavioral health services designed to reduce criminal justice involvement of people struggling with mental illness and chemical dependency and has earmarked $3 million in Behavioral Health Tax revenue reserves for the expansion and/or relocation of a new triage center; and WHEREAS, the County currently owns and operates a behavioral health crisis triage center and Interim Work Center on Division Street in Bellingham, which property the County may sell or transfer or repurpose for behavioral health uses, when the new countywide jail is completed and the County has agreed and ordained that if that property is sold or transferred, the resulting net value and proceeds from the transaction will be applied by the County to facilities and programs that support the goals of treating and diverting individuals with behavioral health problems from the criminal justice system, such as a new or expanded multi -purpose triage center; and WHEREAS, these behavioral health facilities and programs are designed to achieve the following policy goals, 1) a reduction of the number of mentally ill and chemically dependent people using costly interventions like jail, emergency rooms, and hospitals; 2) a reduction of the number of people who recycle through the jail, returning repeatedly as a result of their mental illness or chemical dependency; 3) a reduction of the incidence and severity of chemical dependency and mental and emotional disorders in youth and adults; and 4) diversion of mentally ill and chemically dependent youth and adults from initial or further justice system involvement; and 170 WHEREAS, the County's costs for current criminal justice and incarceration programs continue to rise every year; mental illness and chemical dependency problems have a significant impact on the utilization of these very expensive services; and successful diversion programs should result in substantial long term savings; and WHEREAS, the County intends to construct and operate a new or expanded multi -purpose diversion crisis triage center, in parallel with the construction of the new county wide jail facility and intends to reduce long-term jail populations and reduce recidivism, by providing safe and effective medical, mental health and substance abuse services to individuals in need of such services. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Chapter 2.46 is hereby established, creating a Whatcom County Incarceration Prevention and Reduction Task Force as outlined in Exhibit A to this ordinance. BE IT FURTHER ORDAINED that the initial tasks to be accomplished by the Task Force are as follows: A. Develop plans for a new or expanded crisis triage center for individuals struggling with mental illness and chemical dependency, including: 1. Substantive programming to be included and auxiliary services that would increase efficiency and effectiveness 2. Location and space needs criteria 3. Funding sources and recommendations for both construction and operations 4. Specific timeframes for decision -making and completion S. Documentation of assumptions used to project the effectiveness and costs B. Development recommendations for new, or enhancement of existing, programs designed along a continuum that effectively reduces incarceration of individuals struggling with mental illness and chemical dependency. BE IT FURTHER ORDAINED that the initial work of the Task Force for the above tasks shall be accomplished and reported to the County Council in the following phases: PHASE I - Review current practices and assigned resources, (facilities, programs, funding sources), and develop goals for new or modified programs, and projected operational objectives. Determine licensing requirements and program components. Provide general information on expenditures and sustainable revenue projections. Deliver the initial Phase 1 report by October 10, 2015 PHASE II — As service facilities are identified in Phase I- develop facility specifications, identify possible facility options (either new or existing locations), analyze and recommend 1 or 2 options with projected short and medium term costs. Deliver the initial Phase 2 reports as completed, but no later than August 1, 2016. PHASE III - Develop specific operational plans and budgets leading to implementation of appropriate crisis intervention, triage services and incarceration prevention and reduction programs. Include details on schedules, assignment of responsibilities, projected outcomes anticipated, possible cost allocations between the County and the cities, and a basic business plan for each selected initiative. Deliver the initial Phase 3 report with sufficient details to proceed with construction and programming of a new or expanded crisis triage center no later than December 2016. 171 BE IT FURTHER ORDAINED that the County Council, with the full support of the County Administration, will implement a continuum of alternatives to incarceration and jail diversion programs with the following expectations and commitments of assistance for the Incarceration Prevention and Reduction Task Force: • Complete a preliminary plan for the new or expanded crisis triage center and alternatives to incarceration and diversion programs as soon as reasonably possible and provide quarterly reports to the Council and Administration on Task Force progress. • Review national best practices for the before mentioned objectives and establish benchmarking of the County's performance against same. • Complete detailed planning sufficient to proceed with construction and programming of a new or expanded crisis triage center to start no later than December 2016. • Fund the support activities of the Task Force, including a robust and detailed planning process for the new or expanded crisis triage center and other recommended diversion programs. Initial funding for 2015 will be $75,000. • Identify opportunities to acquire governmental and non -governmental funding to support financing for the construction and operation of the new crisis triage center. • Commit to opening the new crisis triage center no later than the scheduled opening of the new countywide jail. • Include as part of the 2016-2017 budget, creation of a full time staff position to focus on incarceration prevention and reduction programs, and work with the Task Force. APPROVED this day of ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor 2015 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ) Approved ( ) Denied Date Signed: 172 EXHIBIT A Chapter 2.46 INCARCERATION PREVENTION AND REDUCTION TASK FORCE Sections: 2.46.010 Established. 2.46.020 Purpose. 2.46.030 Function. 2.46.040 Permanent Members. 2.46.050 Additional Appointed Members. 2.46.060 Term of Office. 2.46.070 Organization — Meetings. 2.46.080 Staff and Funding Support. 2.46.090 Reporting. 2.46.010 Established. There is hereby established a Whatcom County Incarceration Prevention and Reduction Task Force. 2.46.020 Purpose. The purpose of the Incarceration Prevention and Reduction Task Force is to continually review Whatcom County's criminal justice and behavioral health programs and make specific recommendations to safely and effectively reduce incarceration of individuals struggling with mental illness and chemical dependency, and minimize jail utilization by pretrial defendants who can safely be released. 2.46.030 Function. The Task Force will consider national best practices and report on and make recommendations to the County Council, Executive, and other appropriate officials regarding: A. The construction and operation of a new or expanded multi -purpose crisis triage facility to assist with jail and hospital diversion of individuals struggling with mental illness and chemical dependency. B. Development of new, or enhancement of existing, programs designed along a continuum that effectively reduces incarceration of individuals struggling with mental illness and chemical dependency. C. Effective pretrial service programs that assure that defendants appear for court proceedings while minimizing jail utilization by defendants who can safely be released. D. Necessary and effective programs and services that can assist offenders with successful transition from both the jail and triage center back to the community to reduce rates of recidivism and improve public health and safety. E. The ongoing staff support and funding for the Task Force. F. Review of the' diversion programs of the County and all cities, and establishment of benchmarks to measure the effectiveness of the programs in reducing incarceration. 173 2.46.040 Permanent Members. The Incarceration Prevention and Reduction Task Force shall include the following 12 designated officials or their representative: A. One Member of the Whatcom County Council; B. Whatcom County Executive; C. Whatcom County Sheriff; D. Whatcom County Prosecuting Attorney; E. Whatcom County Public Defender Director; F. One Representative from the Whatcom County Superior Court or District Court; G. One Representative of the Bellingham City Attorney or Municipal Court or Police; H. One Representative from the Bellingham City Council; I. One Representative from the small cities designated by the Small Cities Caucus; J. One tribal representative from either the Lummi Nation or the Nooksack Tribe; K. One representative from the Whatcom County Health Department Human Services; L. North Sound Mental Health Administration Executive Director. 2.46.050 Additional Appointed Members. In addition to the officials designated above the Incarceration Prevention and Reduction Task Force shall include the following 11 members appointed by the Whatcom County Council: A. Whatcom Alliance for Health Care Access (WAHA) representative; B. Peace Health St. Joseph's Medical Center representative; C. Community Health Center representative; D. Emergency Medical Services (EMS) representative; E. Representatives from a Community Action Agency, a Mental Health Provider, Substance Abuse Treatment Provider; F. Consumer of Services or Family Member of Consumer (2); G. Concerned Citizens (2). 2.46.060 Terms of office for appointed members. The term of office for appointed members shall be four years; provided that the terms of those first appointed shall be staggered so that five will be appointed for two years, and six will be appointed for four years. Appointment of members shall comply with Chapter 2.03 WCC. 2.46.070 Organization — Meetings. A. Meetings of the task force shall be open and accessible to the public and shall be subject to the Open Public Meetings Act. B. At every meeting, the task force will schedule an open session to take public comment. C. Written records of meetings, resolutions, research, findings and recommendations shall be kept and such records shall be submitted to county staff and shall be made public, including posting on the county website. D. The task force shall adopt its own rules and procedures for the conduct of business. E. The task force shall elect a chairperson from among its members who shall preside at its meetings. F. The task force shall determine its meeting schedule and agenda, but shall meet at least quarterly. G. The task force may form and appoint ad hoc committees to work on specific issues, so long as at least two committee members are also members of each ad hoc committee. 174 2.46.080 Staff and Funding Support. The Task Force will have full support from the Council, the County Executive's Office, Health Department staff, and locally delivered paid consultant assistance to conduct and complete its tasks in an efficient and effective manner. 2.46.090 Reporting. At least annually thereafter, no later than August 1st of each year, provide a report and recommendations to the County Council and Executive on outcomes of existing incarceration prevention and reduction programs throughout Whatcom County, new innovative programs being used in other communities, and recommendations for changes or additional programs. 175 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015-018 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 5/26/15 Executive Rob Ney Roland Middleton I� ( � V (� 5 �� LJ Session Division Head: 1 Rob Ne Y 1 15 AT COUNTY its g 1 6 0 NCL Dept. Head:g Jon Hutchins � � �- r is Prosecutor: Dan Gibson ,\ / 0� / i�' �fv\, Purchasing/Budget: Brad Bennett 6 Executive: Jack Louws y P. TITLE OF DOCUMENT: Executive Session update on the Lummi Island Ferry Lease relating to the Lummi Nation Marina Proposal. ATTACHMENTS: None 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.) Executive Session update on the Lummi Island Ferry Lease relating to the Lummi Nation Marina Proposal. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. iulos� WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015-165 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator: SM 4130115 ) I _ii (L_n; (V f( 11 V ria" ID S/12/I5 Introduction 5/26/I S Public Hearing Division Head: MAY 0 5 2015 Dept Head: WS ATCOM COUNTY COUNCIL Prosecutor: - os fl iA Purchasing/Budget: S 0 Executive: TITLE OF DOC WT. Public Hearing and Resolution regarding Community Development Block Grant application. ATTACHMENTS: Memorandum, Resolution, Opportunity Council memo dated 4116115, Block Grant Program Fact Sheet, and CDBG Public Hearing Handout SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: May 26, 2015 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.) Resolution in support of an application for a WA Department of Commerce Community Development Block Grant, which funds are to be used for construction of the additional multi purpose building at the East Whatcom Regional Resource Center. The Opportunity Council, as grant subrecipient, will lead this project. Public Hearing Notice language: NOTICE IS HEREBY GIVEN that a public hearing will be held by the Whatcom County Council in the Council Chambers, Whatcom County Courthouse, 311 Grand Avenue, Bellingham, on Tuesday, May 26, 2015 at 7: 00 p. in., regarding a Resolution authorizing an application for a Community Development Block Grant. This Resolution would authorize the County Executive to submit an application to the State of Washington Community Development Block Grant program, to request up to $750, 000 to be passed through to Opportunity Council for construction of a multi purpose building at the East Whatcom Regional Resource Center. The purpose of the public hearing is to review community development and housing needs, inform citizens of the availability offunds and eligible uses of the state Community Development Block Grant (CDBG), and receive comments on proposed activities, particularly from low- and moderate -income persons and persons residing in Whatcom County. Grant dollars may be made available to Whatcom County on a statewide basis to fund public facilities, housing, economic development or communityfacility projects that principally benefit low- and moderate -income persons. The draft application for the CDBG General Purposes grant will be available for review at the Whatcom County Executive's office, Suite 108, 311 Grand Avenue, Bellingham, after May 14. Comments may also be submitted in writing to the Whatcom County Council until the public hearing has been closed. COMMITTEEACTION: COUNCIL ACTION. 5/12/2015: Introduced 7-0 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.wmus/council. 177 WHATCOM COUNTY ��oM cot, jack Louws EXECUTIVE'S OFFICE County Executive County Courthouse 311 Grand Avenue, Suite #108 0 Bellingham, WA 98225-4082 9Sy�NG1 MEMORANDUM To: Whatcom County Executive Jack Louws And Whatcom County Council Members From: Suzanne Mildner, Grant Coordinator Subject: CDBG Grant Application and Require Resolution for Washington State Department of Commerce, on behalf of Opportunity Council Date: May 4, 2015 At the County Council's April 28t" Finance Committee meeting, the Opportunity Council, together with leaders from the East Whatcom community, presented and received Council committee support for a project proposal involving the construction of a multi- use building expansion for the East Whatcom Regional Resource Center. This proposal also involves the submission of a grant application to the Washington State Department of Commerce for a CDBG General Purpose grant. According to the grant requirements, a Resolution authorizing submission of the grant application must be approved by the County Council prior to the application deadline, which is June 1, 2015. Additionally, a public hearing must be conducted in order to allow for community input on the grant application. Attached is the Resolution for Council review, and if approved, it will allow County Executive Jack Louws to sign and submit a grant application to the Washington State Department of Commerce for a CDBG grant in the amount of up to $750,000.00 for allocation to this project. This is a pass -through grant which will be administered by the Opportunity Council. Please contact me at extension 50118 should you have any questions. Thank you. 178 Office (360) 676-6717 FAX (360) 676-6775 TRS: 711 SPONSORED BY: Consent INTRODUCTION DATE: 5/12/15 RESOLUTION NO. APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) WHEREAS, Whatcom County is authorized to apply to the state Department of Commerce for a Community Development Block Grant (CDBG); and WHEREAS, Whatcom County has identified a community development and housing priority need for which to seek CDBG funding; and WHEREAS, it is necessary that certain conditions be met to receive CDBG funds; NOW, THEREFORE, be it resolved that Whatcom County authorizes submission of this application to the state Department of Commerce to request $750,000 arid any amended amounts to fund construction of an additional multi -purpose building at the East Whatcom Regional Resource Center, in coordination with the Opportunity Council, and certifies that, if funded, it: Will comply with applicable provisions of Title I of the Housing and Community Development Act of 1974, as amended, and other applicable state and federal laws; Has provided and will provide opportunities for citizen participation that satisfy the CDBG requirements of 24 CFR 570.486; Will not use assessments against properties owned and occupied by low- and moderate -income persons or charge user fees to recover the capital costs of CDBG- funded public improvements from low- and moderate -income owner -occupants; Has established or will establish a plan to minimize displacement as a result of activities assisted with CDBG funds; and assist persons actually displaced as a result of such activities, as provided in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; Will provide opportunities for citizens to review and comment on proposed changes in the funded project and program performance; Has adopted or will adopt a policy(s) to reduce greenhouse gas emissions in accordance with RCW 70.235.070 and certifies this project will adhere to this policy(s); Page 1 179 Will conduct and administer its program in conformance with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, will affirmatively further fair housing (Title VIII of the Civil Rights Act of 1968); and Has adopted and enforces a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and has adopted and implemented a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction, in accordance with Section 104(1) of the Title I of the Housing and Community Development Act or 1974, as amended; Whatcom County designates Jack Louws, County Executive, as the authorized Chief Administrative Official and the authorized representative to act in all official matters in connection with this application and Whatcom County's participation in the Washington State CDBG Program. APPROVED this day of , 2015. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor Page 2 Carl Weimer, Council Chair opportunity council To: Whatcom County Council and County Executive From: Dave Finet, Executive Director Opportunity Council Date: April 16, 2015 Subject: Development of a multi -use building at the East Whatcom Regional Resource Center Concept overview: Opportunity Council, in support of the East Whatcom Community Council, the Foothills Food Bank and the East Whatcom community, would like to propose that Whatcom County and Opportunity Council collaborate to develop a multi -use building on the East Whatcom Regional Resource Center site. Grant opportunity: A grant of $750,000 is available for the capital costs of construction from the WA State Department of Commerce Community Development Block Grant (CDBG) General Purpose Grant Program. Council action requested: Opportunity Council requests Council's endorsement of the idea that Whatcom County consider applying for up to $750,000 in CDBG capital grant funding. If Council approves, Opportunity Council will work with the County Executive's Office to prepare a CDBG application in time for the June 1, 2015 submittal deadline. Multi -use building concept: The proposed multi -use building would have four primary functions: 1. Storage and distribution center for the Foothills Food Bank 2. Indoor/outdoor recreational area for youth 3. Expanded area for community events Community Action 4. Columbia Valley farmers market site A Community Action Agency serving Whatcom, Island and Preliminary estimates of need for covered space is 12,000 square feet with a cost San Juan Counties since 1965 between $1.5 million and $2 million. To develop the proposed project, the following funding sources have been identified and should be considered: Whatcom County 1111 Cornwall Ave., Suite C • Community Development Block Grant general purpose Bellingham, WA 98225 • USDA Rural Communities funding (360) 734-5121 (800) 649-5121 • Community facilities fund WA State Dept. of Commerce Fax (360) 671-0541 Capital campaign Island County • Community Development Block Grant planning only grant 1791 N E 1 st Ave. P.O. Box 922 • Whatcom Community Foundation Oak Harbor, WA 98277 (360) 679-6577 (800) 317-5427 East Whatcorn Regional Resource Center background history: In October 2011, Fax (360) 679-2440 Whatcom County completed the first phase of construction of the East Whatcom San Juan County Regional Resource Center, based on a master plan developed during eight years of (800) 649-5121 community involvement and County leadership. Whatcom County requested that www.oppco.org 181 Whatcom County Council and County Executive Page Two Opportunity Council, the local community action agency, manage and operate the center and develop programs and services to meet the needs of the underserved East Whatcom Community and, more specifically, the Columbia Valley. Since October 2011, Opportunity Council has contracted with Whatcom County to operate and manage the center. Since 2011, Opportunity Council has leveraged the funding necessary to provide a variety of services and coordinate with other nonprofits and community -based organizations to help meet local citizens' needs in the East Whatcom community. Three and one-half years later, the East Whatcom Regional Resource Center (EWRRC) has become a busy community center, seeing over 200 families per month, with fifty percent of those families coming to the center for services for the first time. In addition to information and referral provided daily by Opportunity Council, the EWRRC serves as a meeting place for service clubs, local government agencies, faith - based organizations and for other social events. In addition, on the second Saturday of each month, the Foothills Food Bank, East Whatcom Community Council, Opportunity Council, Bellingham Food Bank and Food Lifeline coordinate with 20 to 30 volunteers to distribute perishable food to an average of 105 households. The "mobile food pantry project' is targeted to areas of Washington State like the Foothills area that are considered a food desert. The Foothills area also has one of the highest percentages of children who access the free and reduced -price lunch program, 68 percent of Kendall Elementary School students. Recent strategic planning: The East Whatcom Community Council and Foothills Food Bank boards of directors have recently executed strategic planning processes. The top priorities identified by the East Whatcom Community Council are the need for increased food access and youth recreational opportunities. The Foothills Food Bank collaborated with the Whatcom County Health Department, Whatcom Farm -to -School, Opportunity Council and Bellingham Food Bank to conduct a Foothills Food Summit that helped inform the Foothills Food Bank's strategic planning process, and the top priorities identified were the need for increased food access and a new storage and distribution center, ideally located at the EWRRC. Food access, hunger relief and food security: The Foothills Food Bank distributes food one day per week, serving over 600 individuals each week and over 30,000 individuals over the course of the year. Based on focus groups and provider feedback, there is increasing need to expand the number of days the food bank operates and to provide the better access to fresh produce and other perishable foods. The current food bank location at St. Peter's Church will not allow for expansion of the storage or distribution area, lacks refrigerator/freezer space, and is not located at a Whatcom Transit Authority stop. The current location also lacks the storage capacity for expanding distribution of perishable food such as fruits, vegetables, meat, dairy and frozen food products. 182 Whatcom County Council and County Executive Page Three To accommodate current and future needs, the Foothills Food Bank needs approximately 4,000 square feet that would include the following: • Walk-in cooler • Walk-in freezer • Bulk food storage area • Food distribution area • Produce and storage container cleaning station • Two ADA compliant restrooms The Foothills Food Bank space would likely be a strong contender during this year's CDBG General Purpose Grant competition administered by WA Department of Commerce. Youth recreation space: An ongoing theme of East Whatcom Community Council meetings since its inception in 2012 has been the need to expand recreational opportunities for children. Youth activities have been a top priority since the regional resource center concept was birthed back in 2001-2002 but were not accommodated in the first phase of construction of the EWRRC. The current building was not designed to accommodate sports activities such as basketball, volleyball or other indoor sports that necessitate high ceilings and surfaces that can take the punishment many indoor sports require. Another factor that necessitates additional youth activity space is the existing space can be partitioned with some portion of the space scheduled for use by the community between 9:00 am and 10:00 pm. A covered area approximately 8,000 square feet would accommodate a full size basketball court that could also be used for a variety of other youth and community activities. The space would be an indoor/outdoor space with roll -up doors and radiant heaters to take the chill off for use during inclement weather. This space would double as a community gathering space for a Foothills farmer/vendor market and would expand the possibilities for community events such as concerts, weddings, family reunions and class reunions. For more information about this opportunity to pursue up to $750,000 from the Washington Department of Commerce CDBG General Purpose Grant program, please see the attached Fact Sheet and more information at: www.commerce.wa.gov/Programs/Infrastructure/CDGB-Program- Overview/Pages/default.aspx 183 PUBLIC HEARING HANDOUT 2015 Program Year 0 Department of • Innovation is in our nature.. Helping rural communities with projects that benefit low- and moderate -income persons The Washington State CDBG Program offers six grant funds: General Purpose Grants $8,500,000 For public infrastructure, community facilities, affordable housing, or economic development Economic Opportunity Grants $9,000,000 For state and local priority economic development and energy related projects that promote vibrant rural communities Planning -Only Grants $240,000 For planning activities that improve community services, public safety or further strategic planning Housing Enhancement Grants $200,000 For off -site infrastructure or the community facility component of a state housing trust fund project Imminent Threat Grants $100,000 For unanticipated emergencies posing a serious immediate threat to public health and safety Public Services Grants $1,500,000 For county and community action agencies to fund new or expanded services to lower income persons 2015 funding levels are contingent upon federal allocation Name: Kaaren Roe Phone: (360) 725-3018 Fax: (360) 586-8440 Email: kaaren.roe@commerce.wa.gov Web: www.commerce.wa.gov/cdbg 184 105 HUD National Objectives CDBG project activities must meet one of three HUD National Objectives: ■ Principally benefits low -and moderate -income persons ■ Aids in the prevention or elimination of slums or blight ■ Addresses imminent threat to public health or safety CDBG Eligibility Guidelines Eligible applicants are Washington State cities/towns with less than 50,000 in population and not participating in a CDBG entitlement urban county consortium; and counties with less than 200,000 in population. Eligible cities/towns and counties are listed on the CDBG website. Special purpose districts, public housing authorities, community action agencies, economic development councils, other non-profit organizations, and Indian tribes are not eligible to apply directly to the state CDBG Program for funding, but may be a partner in projects and subrecipient of funding with an eligible city/town or county applicant. Applicants may submit one request per fund each program year. Exception: An eligible city/town or county may apply for a second General Purpose Grant if one application is for a local microenterprise assistance program. Application materials and due dates are on the CDBG website. 185 106 Public Hearing Handout Appendix B-5 Federal Citizen Participation Requirements For Local Government Applicants to the State CDBG Program Federal Regulations 24 CFR 570.486 (a) (a) Citizen participation requirements of a unit of general local government. Each unit of general local government shall meet the following requirements as required by the state at Sec. 91.115(e) of this title. (1) Provide for and encourage citizen participation, particularly by low and moderate income persons who reside in slum or blighted areas and areas in which CDBG funds are proposed to be used; (2) Ensure that citizens will be given reasonable and timely access to local meetings, information, and records relating to the unit of local government's proposed and actual use of CDBG funds; (3) Furnish citizens information, including but not limited to: (i) The amount of CDBG funds expected to be made available for the current fiscal year (including the grant and anticipated program income); (ii) The range of activities that may be undertaken with the CDBG funds; (iii) The estimated amount of the CDBG funds proposed to be used for activities that will meet the national objective of benefit to low and moderate income persons; and (iv) The proposed CDBG activities likely to result in displacement and the unit of general local government's anti -displacement and relocation plans required under Sec. 570.488. (4) Provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing proposals in accordance with the procedures developed by the state. Such assistance need not include providing funds to such groups; (5) Provide for a minimum of two public hearings, each at a different stage of the program, for the purpose of obtaining citizens' views and responding to proposals and questions. Together the hearings must cover community development and housing needs, development of proposed activities and a review of program performance. The public hearings to cover community development and housing needs must be held before submission of an application to the state. There must be reasonable notice of the hearings and they must be held at times and locations convenient to potential or actual beneficiaries, with accommodations for the handicapped. Public hearings shall be conducted in a manner to meet the needs of non-English speaking residents where a significant number of non-English speaking residents can reasonably be expected to participate; (6) Provide citizens with reasonable advance notice of, and opportunity to comment on, proposed activities in an application to the state and, for grants already made, activities which are proposed to be added, deleted or substantially changed from the unit of general local government's application to the state. Substantially changed means changes made in terms of purpose, scope, location or beneficiaries as defined by criteria established by the state. (7) Provide citizens the address, phone number, and times for submitting complaints and grievances, and provide timely written answers to written complaints and grievances, within 15 working days where practicable. 2015 CDBGtgral Purpose Grant Application Handbook 107 March 2015 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015 168 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 5/18/2015 5/26/2015 Council Introductio Division Head: Dept. Head: ' Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT: Appointment to Planning Commission vacancy, District 3, Applicant: Bersch ATTACHMENTS: application(s) SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Planning Commission vacancy in a District 3 position (due to a commissioner resignation). Partial term expires January 31, 2018 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. 187 JACK LOUWS ®M \�/% It)BCOUNCIL.MEMSERS: County Executive P�G—°v `. %=; V arbara E. Brenner Sam Crawford Barry Buchanan 2015 Rud Browne p��p ^� Pete Kremen �pshinr�°�@ ? RsOKen Mann YTY Carl Weimer GOUN APPLICATION FOR APPOINTMENT TO WHATCOMCOUNTY BOARA AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: ev- S e Date: A-1 /9, d-C I Street Address: 6 & 1 VA R U .S 1',. 4. City: T- a lu t_- Zip Code: Mailing Address (if different from street address): Day Telephone: 3b0 --3 k 3"" _� G-S � Evening Telephone: �o (. 3k Cell Phone: 360." 3C3"7 i,3 9' E-mail address: , k-Xn Co vK ik e Id VwUke a 'kiMt , c�2 Name of board or committee -please see reverse: 2. You must specify which position you are applying for. i Please refer to vacancy list. S i a- —V VAA P C `' 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) _ _ _ _ _ (Vf yes ( ) no 4. Which Council district do you live in? _ __ _ ( ) One ( ) Two (+Three 5. Are you a US citizen? _ _ __ _ 0 Yes Ono 6. Are you registered to vote in Whatcom County? _ _ (V'yes O no 7. Have you ever been a member of this Board/Commission? - - - - ( ) yes (✓f 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 bus' ess with Whatcom County (yes ( ) no If yes, please explain: PoLtsc T9 A m t-mb i:4L raF Fijuj 9 ,. L- c C %�( ('rau jVe_XL 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. _ . ' o 10. Please describe why you're interested in serving on this board or commission: [ldirCok (r MOVI IS 6Ua CIN FA), Wo �c I< C i= 'Se- I tO.t-CI AJ.. References (please include daytime telephone number): rp-Evj cuFo-T�F� i � + iL' i 3 � � '" 61, 7 Signature of applicant: ��( .-e�•�__ THXS IS A PUBLIC DOCUMENT® As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. Address. 2026 Main Street PO Box 1516 Ferndale, WA 98248 E-mail: pMbersch c berschlaw.com CONTACT NUMBER (CELL) - (360) 383-7638 Education: ® University of Alabama, School of Law, Tuscaloosa, AL, 1995, JD. ® University of New Mexico, Albuquerque, NM, 1990, PhD in Geology. Professional Experience: ® Newmont Mining Corp. 2010 - 2014. Positions: Consulting Geologist, Chief Geologist South America Region. o Alberta. Star Development Corp.: 2008 - 2010. Position held: Chief Geologist. • The University of Alabama, Tuscaloosa, 1990 - 2008. Positions held: Assistant to the Vice President for Research, Central Analytical Facility Director, Research Geologist, and Adjunct Assistant Professor of Geology. ® University of New Mexico --- Earth Planetary Sci. Dept., 1988 —1990. Position (Temp): Research/Teaching Assistant. ® Pangea Resources Ltd., 1986 - 1988. Positions: Director and Vice President of Exploration. ® Moruya Gold Mines N.A., 1984 to 1986. Position: Vice -President Exploration. ® Self-employed, 1981- 1984, Position: Consulting Geologist: • Phillips Petroleum Inc., Minerals Division, 1978 — 1981. Position: Exploration Geologist. ® Cities Service Minerals Corp. 1977 —1978. Position: Geologist. ® University of Texas El Paso — Geology Dept, 1975 — 1976. Position (Temp): Teaching/.Research Assistant. ® State of Alaska, Geological Survey, 1974 — 1974. Position (Temp): Assistant Geologist. • Cal State Univ. Los Angeles — Geology Dept., 1970 —1970. Position (Temp): Technical Assistant. Licenses and certifications: • Attorney at Law (Washington, admitted 2014) • Attorney at Law (Alabama, admitted 1996) ® P.Geo. (British Columbia, Canada, admitted 2011) ® American Institute of Professional Geologists — CPG (certified in 2006) Society Memberships: Society of Economic Geologists - Fellow Writing -research examples: (Publications - Full list on request). Semi -legal: Second Thoughts — "Jerry you are full of crap .... See you in court." Whatcom County Bar Newsletter, March 2015, p. 13-15. Online at http://www.whatcombar.orL/dQcs/n120150 1p . Le�ai; Sample available on request, not online. Semi -technical: M.G. Bersch, 2010, We Are All Students; The Professional Geologist, Amer. Inst. Prof. Geol., v. 47, no 1, p 12-15. Online at hIV://64.207.34.58/StatieContent/3/'TPGs/2010�TPGJanFeb.adf . Technical: Several pubs online at htt r//alabatna�academia.edu/MichaelBersch . Bersch short resume We WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015 44 B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: County Cou 4/21/2015 Division Head.• Dept. Head: Prosecutor: 14 Purchasin /Bud et Executive: TITLE OF DOCUMENT: Appointment to the Lummi Island Ferry Advisory Committee ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This is a partial term following the resignation of a LIFAC member. The partial term expires 1/31/2016. The appointee is not required to live on Lummi Island. 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. WI11 �� �� 6p� �� 8 �� �� k=� Qp��m=�� ' J/*CKUOUVVS �� �� Y�r �� 8 Yy �� y=� � ���=�'�� � �� �"� � County Executive - - amareE.Brenner Sam Crawford APR��� �� �M�� API Barry Buchanan ^ . ��.- . .. RudBmvne \��&TCM0� COUNTY ������ ������� P#�K0myD ~`'� �����\�����\ »� Ken Mann ���'��+� Carl Weimer � FO R APPOINTMENT[ TO ����ATC0|l�COUNTY BOARDS AND PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: CQW.Date: Street Address: 2�2-41 Mailing Address (if different from street eddreoo): Da Telephone: 0 y p . 1. Name ofboard nrcommittee- please see reverse: 2. You must specify which position you are applying for. Please refer to vacancy list. [-UkAft' IG6114d FP_M gor� (?6004�kAz 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer tmvacancy Uist.) ----------------------------OQyes ()no 4. Which Council district doyou live in? ----------------------------()One ( )Two NThree S. Are you oUScitizen? yes no 6. Are you registered tovote inYYhatcomCounty? yes no 7. Have you ever been a member of this Board/Commission? 4 )yes no If yes, dates: B. Do you or your have a financial interest in or are you an employee or officer of any business or agency that does business with VVhatcom County? --------------------- { } yes VQ no If yes, please explain: You may attach a rdsum6 or detailed summary of experience, qualifications, & interest in response to the following questions. Q. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. 10. Please describe why you're interested in Referenc�, (please include daytime telephone number): 109 rdorcommission: Signature of applicant: THIS IS A PUBLIC DOCUMENT. As a candidate for a "b c board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations m2y result in revocation of appointment and removal from the appointive position. 191 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015-173 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: !J� (S' C C (l\ED I Y 18 2015 5/26/15 Introduction Division Head: 6N/IS Finance Com/ Council Dept. Head Prosecutor: ATCOM COUNTY Purchasing/Budget: Ak- A5115 (' U i sm., Executive: h 8 h -5 TITLE OF D NT: AN ORDINANCE AUTHORIZING AN INTERFUND LOAN TO CONTINUE FINANCING OF CENTRAL PLAZA BUILDING ATTACHMENTS. Proposed Ordinance Memo SEPA review required? ( ) Yes (x ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance authorizes an $895,317 loan at 1% from the Whatcom County Equipment Rental and Revolving Fund (ER&R) to the General Fund. The loan continues financing of the Central Plaza Building from ER&R for an additional three years. COMMITTEEACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 192 WHATCOM COUNTY ADMINISTRATIVE SERVICES MEMORANDUM TO: Jack Louws, County Executive FROM: Brad Bennett, Finance Manager DATE: May 15, 2015 FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager SUBJECT: Interfund Loan Ordinance to Continue Financing of Central Plaza Building Attached is a proposed interfund loan ordinance that will continue Equipment Rental and Revolving Fund financing of the Central Plaza Building for an additional three years. The original three year interfund loan was authorized with ordinance 2009-49. It was renewed for three more years with ordinance 2012-026. The proposed ordinance provides for an $895,317 loan at 1 % interest. The maturing loan has been earning interest at 1 %; our county investments are continuing to earn less than 1 % interest. Annual payments of $124,000 including interest and principal will be made from the REET I Fund. Thank you. 193 I INTRODUCED BY: Consent 2 PROPOSED BY: Executive 3 DATE: May 26, 2015 4 5 ORDINANCE NO. 6 AN ORDINANCE AUTHORIZING AN INTERFUND LOAN 7 TO CONTINUE FINANCING OF CENTRAL PLAZA BUILDING 8 9 WHEREAS, the Whatcom County purchased the Central Plaza Building, 215 North 10 Commercial Street, Bellingham, Washington in 2009; and 11 12 WHEREAS, the Whatcom County Council authorized an interfund loan from the Whatcom 13 County Equipment Rental and Replacement Fund (ER&R Fund) to finance the purchase with 14 ordinance 2009-049; and 15 16 WHEREAS, the original loan was renewed on July 1, 2012 with ordinance 2012-026, and 17 18 WHEREAS, the renewed interfund loan becomes due July 1, 2015; and 19 20 WHEREAS, the ER&R Fund has sufficient cash reserves to extend the loan through July 1, 21 2018; and 22 23 WHEREAS, the county wishes to delay issuing bonds until interest rates available for county 24 investments return to traditional levels; and 25 26 WHEREAS, Whatcom County's average rate of return on investments in the first quarter of 27 2015 was 0.61%; and 28 29 WHEREAS, the balance of the interfund loan on July 1, 2015 will be $895,317, and 30 31 WHEREAS, on an interim basis, it is in the best interest of Whatcom County to continue to 32 finance the Central Plaza debt utilizing an interfund loan from the ER&R Fund. 33 34 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a loan 35 shall be made from the ER&R Fund (fund #501) to the General Fund (fund #001) in the amount of 36 $895,317 at a rate of 1 % annual interest. Payments of $124,000 including interest and principal shall 37 be made annually on July 1 st. Repayment in full shall be made from the issue of general obligation 38 bonds or other financing sources and/or funds available for capital purposes on or before July 1, 39 2018. 40 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ADOPTED this day of 12015. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk q PLOVE ren Frakes Senior Deputy II Carl Weimer, Council Chair () Approved () Denied Jack Louws, Executive 195 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015-174 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: S IS` 5126115 Introduction Finance Con/ Division Head: MAY 11 619115 Council Dept. Head: WHATCOM COUNTY COUNCIL Prosecutor: Purchasing/Budget: S ' Executive: TITLE OF D AN ORDINANCE THORIZING AN INTERFUND LOAN TO CONTINUE FINANCING OF ASSESSOR TREASURER SYSTEM ATTACHMENTS. Proposed Ordinance Memo SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance authorizes a $541,760 loan at 1% from the Whatcom County Equipment Rental and Revolving Fund (ER&R) to the General Fund. The loan continues financing of the new Assessor Treasurer system from ER&R for an additional four years. COMMITTEE ACTION. • COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 19b WHATCOM COUNTY ADMINISTRATIVE SERVICES MEMORANDUM TO: Jack Louws, County Executive FROM: Brad Bennett, Finance Manager DATE: May 15, 2015 FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager SUBJECT: Interfund Loan Ordinance to Continue Financing of Assessor Treasurer System Attached is a proposed interfund loan ordinance that will continue Equipment Rental and Revolving Fund financing of the new Assessor Treasurer System for an additional four years. The loan will be paid in full at the end of four years. The original three year interfund loan was authorized with ordinance 2009-48. It was renewed for three more years with ordinance 2012- 027. The proposed ordinance provides for a $541,760 loan at 1% interest. The maturing loan has been earning interest at 1 %; our county investments are continuing to earn less than 1 % interest. Annual payments of $129,000 including interest and principal will continue to be made from the General Fund. Thank you. 197 1 INTRODUCED BY: Consent 2 PROPOSED BY: Executive 3 DATE: May 26, 2015 4 5 ORDINANCE NO. 6 AN ORDINANCE AUTHORIZING AN INTERFUND LOAN 7 TO CONTINUE FINANCING OF ASSESSOR TREASURER SYSTEM 8 9 WHEREAS, Whatcom County replaced the county's Assessor Treasurer Software System in 10 2009; and 11 12 WHEREAS, the Whatcom County Council authorized an interfund loan from Whatcom 13 County Equipment Rental and Revolving Fund (ER&R Fund) to finance the new system with 14 ordinance 2009-048; and 15 16 WHEREAS, the original loan was renewed on July 1, 2012 with ordinance 2012-027, and 17 18 WHEREAS, the renewed interfund loan becomes due July 1, 2015; and 19 20 WHEREAS, the ER&R Fund has sufficient cash reserves to extend the loan through July 1, 21 2019; and 22 23 WHEREAS, the county wishes to delay issuing bonds until interest rates available for county 24 investments return to traditional levels; and 25 26 WHEREAS, Whatcom County's average rate of return on investments in the first quarter of 27 2015 was 0.61%; and 28 29 WHEREAS, the balance of the interfund loan on July 1, 2015 will be $541,760; and 30 31 WHEREAS, on an interim basis, it is in the best interest of Whatcom County to continue to 32 finance the new Assessor Treasurer Software utilizing an interfund loan from the ER&R Fund. 33 34 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a loan 35 shall be made from the ER&R Fund (fund #501) to the General Fund (fund #001) in the amount of 36 $541,760 at a rate of 1 % annual interest. Payments of $129,000 including interest and principal shall 37 be made annually on July 1 st. Repayment in full shall be made from the issue of general obligation 38 bonds or other financing sources and/or funds available for capital purposes on or before July 1, 39 2019. 40 41 us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: aren Frakes Senior Deputy II 2015. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair () Approved () Denied Jack Louws, Executive 199 1HAI "L'UM UQUNI TY CUUN(;IL AGENDA BILL NO. 2015-172 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: Amy Keenan A �R 511412015 512612015 Introduction t �� [j [ \V( 1� �!� Hearing Division Head: Mark Personius ` 6/9/15 Dept. Head - Sam Ryan ?�" ; = i4�i ej •-(-i .w(,5 8 Prosecutor: Royce Buckingham 1 - (`r -+5 WHATCOM COUNTY Purchasing/Budget: COUNCIL Executive: Jack Lows 6- �1 TITLE OF DOCU NT. A request for a major adjustment, a major amendment and a one-year extension for final approval for the Lincoln Road Long Subdivision. ATTACHMENTS: 1. Cover Memo 2. Staff Report 3. Staff Memos 4. Major Modification Request 5. Council Approval SEPA review required? ( X) Yes ( ) NO Should Clerk schedule a {tearing? ( X ) Yes ( X) NO SEPA review completed? ( X) Yes ( ) NO Requested Date June 9, 2015 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 applicant is requesting a major adjustment to a preliminarily approved Planned Unit Development, a major amendment to the long subdivision and a one-year extension for final approval of the Lincoln Road Long Subdivision and Planned Unit Development. The modifications are being requested to remove off -site road improvement requirements. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 200 WHATCOM COUNTY �oM J.E. "'Sam" Ryan Planning & Development Services 5280 Northwest Drive �3 3 `,f t Bellingham, WA 98226-9097 � or _ > �_ �w � �� L.4.e 360-676-6907, TTY 800-833-6384 �g,11NG� 360-738-2525 Fax 4r MEMORANDUM J k'C ; e U \` TO: Honorable members of the Whatcom County Council FROM: Amy Keenan, AICP Senior Planner THROUGH: Mark Personius, Assistant Director '€ DATE: May 14, 2015 SUBJECT: Lincoln Road - Major Modification and Amendment and Extension to a Preliminarily Approved Planned Unit Development and Long Subdivision On August 23, 2005, Mike Owens applied for preliminary approval of a long subdivision and planned unit development (PUD). The proposal was to create 22 single family residential lots and one reserve tract on a 19.73 acre parcel in the Urban Residential (UR4) zone in the Birch Bay Urban Growth Area (UGA). The Whatcom County Hearing Examiner held a public hearing and recommended approval of the subdivision and PUD on May 6, 2009. The Whatcom County Council approved the subdivision and PUD, subject to conditions on May 19, 2009. Conditions of approval included off -site road improvements to Lincoln Road which was on the 6-Year Transportation Improvement Plan (TIP) at the time of preliminary approval. When applicant began working with Public Works to submit construction drawings it became clear that several of the original conditions of approval were no longer applicable. Lincoln Road had been removed from the 6-year TIP and after further analysis under Development Impact Mitigation Identification System (DIMIS), off - site road improvements.were recalculated. In response, the applicant and Public Works have agreed to a revised set of conditions. The applicant is now requesting a major adjustment to the PUD and a major modification to the subdivision to alter the Public Works conditions of approval. The applicant has also requested a one year extension to final subdivision approval. Public notice of the proposed changes was sent to neighbors within 300 feet of the proposal and was published in the newspaper. The Technical Review Committee (TRC) held a meeting to discuss the proposed changes and it was determined that the requested major adjustment and modification and the associated one year extension request are consistent with Whatcom County Codes. The proposed changes were also reviewed for consistency with the issued SEPA Mitigated 201 Determination of Non -Significance (MDNS) and it was determined no additional SEPA review is necessary. The TRC is recommending Council approve the major adjustment to the PUD, the major modification to the LSS and the one year extension request. Please feel free to contact me with any questions about this proposal at 360- 676- 6907 x 50264 or akeenan@whatcomcounty.us. 2 202 WHATCOM COUNTY �0 J.E. "Sam" Ryan Planning & Development Services m° ti < °y Director 5280 Northwest Drive,` Bellingham, WA 98226-9097 360-676-6907, TY 800-833-6384 sHING 0 360-738-2525 Fax WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES STAFF REPORT May 14, 2015 The application by Mike Owens for a PUD2005-00007 major modification and extension to LSS2005-00012 a preliminarily approved Planned Unit FINDINGS, CONCLUSIONS, AND Development and Long Subdivision RECOMMENDATIONS I. SUMMARY OF APPLICATION AND RECOMMENDATIONS Summary: The applicant is requesting a major adjustment to a preliminarily approved Planned Unit Development, a major amendment to the long subdivision and a one-year extension for final approval. The modification is proposed to revise Public Works - Engineering Conditions of Approval. Recommendation: The Technical Review Committee recommends approval of the requested subdivision, subject to conditions. H. PRELIMINARY INFORMATION A. BACKGROUND INFORMATION Applicant: Mike Owens 1536 Willeys Lake Road Ferndale, WA 98248 Agent Darcy Jones Representative: Jones Engineers, Inc. 4164 Meridian Street, Suite 304 Bellingham, WA 98226 Site Location/Address: South side of Lincoln Road, approximately 660 feet west of Blaine Road, Blaine, WA Legal Description: Located within a portion of the NW quarter of the NE quarter of Section 19, Township 40 North, Range 1 East, W.M. Assessor's Parcel Number: 400119 436463 203 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report Zoning: Urban Residential (UR4) Comprehensive Plan: Birch Bay Urban Growth Area (UGA) Subarea: Birch Bay Number of Lots: 22 single family lots and one reserve tract Reserve Area: 13.5 acres Total Acreage: 19.73 acres Roads: Public Road Water Supply: Birch Bay Water and Sewer District Sewage Disposal: Birch Bay Water and Sewer District Fire Protection: Whatcom County Fire District No. 21 Law Enforcement: Whatcom County Sheriff's Office Public Schools: Blaine School District No. 503 Topographer The site is described as generally flat with gentle slopes of 0-30/o with a maximum slope of 5%. Vegetation: Vegetation consists of forested areas with a mixture of coniferous and deciduous trees, shrubs, grass and wet soil plants. Adjacent Land Uses: North: Single family residential East: Single family residential South: Single family residential West: Vacant Land Utilities Easements: Necessary utility easements will be established prior to recording the final plat. Variances: No variances requested. SEPA Review: Mitigated Determination of Non -significance issued May 7, 2008 204 Page 2 of 20 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report B. AUTHORIZING ORDINANCES: 1. Revised Code of Washington Chapter 58.17 2. Whatcom County Comprehensive Land Use Plan. 3. Whatcom County Code Chapter 12.08, Development Standards 4. Whatcom County Code Chapter 15, Building Code 5. State Environmental Policy Act (SEPA). Washington Administrative Code Chapter 197-11, Whatcom County Environmental Policy Administration Chapter 16.08 6. Whatcom County Code Chapter 16.16, Critical Areas 7. Whatcom County Code Title 20, Official Whatcom County Zoning Ordinance 8. Whatcom County Code Title 21, Subdivision Regulations 9. Whatcom County Code Title 24, Health Regulations III. SITE DESCRIPTION The subject rectangular 19.73-acre site is located on the south side of Lincoln Road, approximately 660 feet west of Blaine Road. The property has approximately 662- feet of frontage along Lincoln Road and is approximately 1,300-feet deep. The terrain is described as generally flat with gentle slopes of 0-30/o with a maximum slope of 5%. Vegetation on the site consists of forested areas with a mixture of coniferous and deciduous trees, shrubs, grass and wet soil plants. Property to the north of the site is currently zoned Rural (R10A) and consists of vacant land and large lot single-family development. Property to the south and east of the site is zoned R5A and consists of large single-family home sites. Property to the west of the site is zoned UR4 and is undeveloped pasture and forestlands. IV. PROJECT PROPOSAL Original Proposal The Lincoln Road development was initially proposed as a 45-lot single-family project, with one wetland/reserve area, however due to wetland constraints, the application was revised to a 22-lot single-family project located on 6.23-acres of the 19.72-acre site. The balance acreage (13.5-acres) will be set aside as a wetland/reserve tract, which may ultimately serve up to an additional 56-units. Residential lots range from 6,000-square feet to 8,379-square feet in size. The applicant has submitted a Long Subdivision (LSS) and a Planned Unit Development (PUD) with the intent of providing flexibility in lot design, preserving and enhancing large areas of wetland and providing 15-feet of right of way dedication along the entire frontage of Lincoln Road. Major Modification Request The applicant is requesting a major adjustment to the PUD and a major modification to the LSS to revise Public Works - Engineering conditions of approval as Page 3 of 20 205 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report recommended by the Whatcom County Hearing Examiner on May 6, 2009 and as approved by the Whatcom County Council on May 19, 2009. The conditions need to be modified because of changed circumstances. Lincoln Road has been removed from the 6 year Transportation Improvement Plan (TIP) which means that no public funding is available for improvements to Lincoln Road. In addition, the Whatcom County Executive signed an Executive Declaration on November 25, 2015 allowing developers to request physical mitigation be recalculated using Development Impact Mitigation Identification System Version 3 (DIMIS). The applicant has also requested a one-year extension for final subdivision and PUD approval. V. PUBLIC NOTICE AND COMMENT Requirements for public notice are contained in WCC 2.33. Notice of Application: The Revised Notice of Application for this proposal was published on April 3, 2015. Notice was also mailed to property owners within 300 feet of the site. Public Input: During the public comment period for the Notice of Application and Optional DNS, the County received one written comment. A summary of the comment and a response follows: The children's playground location is unsafe and inappropriate The internal design of the subdivision and PUD has not been altered or changed. The proposed adjustment and modification is for off -site road improvements and no additional review or changes are proposed for the design of the plat. Notice of SEPA Threshold Determination: The SEPA Mitigated Determination of Non - significance (MDNS) for this project was issued on May 7, 2008. The notice was also sent to state and local agencies, and Parties of Record for the project. There was no appeal of the MDNS. 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 revised DNS was issued on May 7, 2008. No appeals of the DNS were filed. 206 Page 4 of 20 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report VII. FINDINGS OF FACT and CONSISTENCY WITH REGULATIONS A. 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. The Whatcom County Public Works Engineer Department reviewed the proposal for the modification and submitted a memo dated January 6, 2015 with the following discussion: Reference (a) Engineering Conditions of Approval Memorandum Condition Nos 3 and 4 both reflected the County Council -approved 6 Year Transportation Improvement Program (6YTIP) expectation, at that time, that a County -funded project to improve the segment of the Lincoln Road roadway between Blaine Road and Harborview Road would occur closely coincident with subject proposed development construction. Due to various factors, this project is no longer on the County Council -approved 6YTIP, which therefore necessitates revisions to those two Conditions accordingly due to various factors. 2. On November 25, 2014, the County Executive issued a declaration (please see Enclosure (1) Executive Declaration) that revised the basis for determining deficiencies on existing County maintained rural roads as part of the County's Development Impact Mitigation Identification System (DIMIS). For the purpose of this Memorandum, I will refer to this approved update to DIMIS as "DIMIS V3". 3. On December 15, 2014, the Developer's agent submitted to the County a formal request, as enabled by Enclosure (1) Executive Declaration paragraph no 2, to re- evaluate subject project's off -site road improvement requirements using DIMIS V3. In processing that request I have determined that subject project satisfies Enclosure (1) Executive Declaration paragraph no 2 prerequisites for County re-evaluation. 4. In applying DIMIS V3 to subject project (please see Enclosure (2) Work Sheet), no off - site road mitigation to Lincoln Road is legally imposable. Therefore, reference (a) Memorandum Condition Nos 3 and 4 no longer apply, either as physical work, or as monetary contributions in lieu of physical work. 5. Additionally, after reviewing reference (a) Memorandum overall, I have also determined that other condition clarifications are necessary. As a result, my revised Conditions of Approval in total follow below. In view of paragraph nos 1 - 5 above, using the following definitions of: Page 5 of 20 207 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report "Vested": As of August 30, 2005, which is subject proposed project's land use regulations vesting date, and "Effective": As of May 6, 2009, which is subject proposed project's Preliminary Plat approval date, and "Current": Corresponding to the submission date of a document or a permit application. The Technical Review Committee has determined that, as conditioned, the project meets the requirements of WCC Chapter 12.08. B. 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. 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 April 3, 2015 with the following discussion: The Whatcom County Fire Marshal's Office has reviewed the above permit application and we have no additional comments or conditions. The proposal shall comply with all applicable codes and ordinances adopted by Whatcom County. Any overlooked hazardous condition and/or violation of applicable code does not imply approval of such condition or violation. The Technical Review Committee has determined the proposed modification meets the requirements of WCC Title 15. C. 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 proposed modification was reviewed by Critical areas staff and a memo was issued on April 8, 2015 with the following discussion: 208 Page 6 of 20 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report The above referenced file was routed to critical areas for review. The applicant has submitted a request for a major modification to preliminary approval to alter the Public Works - Engineering off -site road improvement requirements and an extension request. The Whatcom County Code (WCC) the expiration of a preliminary long subdivision approval may be extended under certain conditions: • WCC 21.05.039(2)(c) "The one-year extension may be granted if, after taking into consideration technical, economic and other matters beyond the control of the applicant, the hearing examiner finds that there is reasonable justification for the granting of an extension,"; and • WCC 21.05.039(2)(d) "In granting the one-year extension the hearing examiner shall take into consideration such changes in rules, regulations, ordinances, or development standards, or portions thereof, that have occurred since the time the original approval was granted." My research indicates that the original application was reviewed under the 1997 Critical Areas Ordinance. It is my understanding that the request is necessary because of changes made by Whatcom County that came to light within the past year. Because the changed conditions are not the result of actions by the applicant, Critical Areas staff is in support of granting a 1-year extension. Any additional extensions necessary to complete conditions of preliminary long subdivision approval do not appear to be the result of changed conditions initiated by Whatcom County. Critical Areas staff would not be in support of granting additional 1-year extensions if the proposal is not consistent with the 2005 Critical Areas Ordinance, as discussed in WCC 21.05.039(2)(d). The Technical Review Committee has determined the proposed major modification meets the requirements of WCC Chapter 16.16. D. WCC Title 20 — Official Whatcom County Zoning Ordinance Urban Residential (UR) District (WCC Chapter 20.20) To promote an orderly transition from rural to urban development, the intent of this district is to encourage land uses and associated densities in designated urban growth areas, which will be complementary with future urban densities and services, while allowing reasonable transition uses of properties. Furthermore, it is the intent of this district to implement the policies of the Comprehensive Plan. In addition, it is the intent of this district to provide the opportunity for the development of building sites which will maximize the efficient use of both energy and land by allowing an option for clustering of residential lots. The Technical Review Committee has determined that the proposed major modification will not impact density, lot sizes or design of the preliminarily approved subdivision. The proposal will meet the requirements of WCC Chapter 20.20. Page 7 of 20 209 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report Concurrency (WCC Section 20.80.212) WCC Section 20.80.212 states that no subdivision 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. The Technical Review Committee has determined that the proposed major modification will not impact water, sewage disposal, schools and fire protection facilities. The project, as previously conditioned meets the requirements of WCC Chapter 20.80.212. Planned Unit Development (WCC Section 20.85) WCC 20.85.350(3) Scope of initial planned unit development approval. (3) Major adjustments are those which, in the opinion of the zoning administrator, upon consultation with the technical committee, substantially change the basic design, density, open space or other requirements of the planned unit development. When a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the county council of such adjustment. The Technical Review Committee (TRC) and zoning administrator have determined that the modifications to the preliminary approval conditions regarding off -site improvements and DIMIS are a major adjustment. Although the requested adjustment will not alter the design or density of the proposed subdivision, the adjustment will change the off -site road improvement requirements reviewed by the Hearing Examiner and approved by Council. WCC 20.85.355(1) and (2) Initial approval time limits. (1) The applicant shall have five years from the date of council action, except as provided in subsection (4) of this section, to submit the final application pursuant to WCC 20.85.365. Council approved the preliminary subdivision and PUD on May 19, 2009. The approval allowed the applicant five years to obtain final subdivision and PUD approval and record the mylar. The date for recording was May 19, 2014. On August 2, 2013, Council approved Ordinance 2013-049 which changed the dates for final subdivision approval, consistent with changes to RCW 58.17,140. Pursuant to WCC 21.05.039(1) subdivisions (and associated permits such as a PUD) that 210 Page 8 of 20 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report received preliminary approval prior to December 31, 2014 were allowed seven years to reach final approval. The revised final subdivision approval timeframe, pursuant to WCC 21.05.039(1), is May 19, 2016. In working through the construction drawing phase of the project with Public Works it became clear that the conditions of approval associated with off -site road improvements were no longer applicable. The applicant worked with Public Works to revise those conditions. Given the amount of time the applicant spent working with Public Works and the amount of work necessary to complete the proposal the applicant has also requested a one year extension to the final plat approval. If granted, the mylar must be recorded prior to May 19, 2017. (2) An applicant who files a written request with the Whatcom County council prior to expiration of the five-year expiration period shall be granted a one-year extension upon showing that the applicant has attempted in good faith to complete the requirements necessary for submittal of final PUD approval within five years from the date of initial PUD approval. The applicant has requested a one year extension through a letter to PDS. The applicant has been actively working with Public Works since September 2014. Working through the revised conditions and requesting the modification will likely push the construction of the infrastructure to late this summer and into next year. The applicant has requested the extension at this time to allow full construction of the project through the next construction season and final approval by May 2017. The applicant has been working with PDS and Public Works to complete the requirements of preliminary approval. E. Whatcom County Land Division Regulations WCC 21.05.039 Phasing, expiration and time extension for preliminary long subdivision approval. (1) Except as provided by subsection (1)(a) of this section, a final plat shall be submitted in proper form for final plat approval within seven years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015. (a) A final plat shall be submitted in proper form for final plat approval within 10 years of the date of preliminary plat approval if this project is not subject to requirements adopted under Chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007. As noted above the preliminary subdivision and associated PUD will expire on May 19, 2016, consistent with WCC 21.05.039(1). The applicant has submitted a major modification to the preliminary subdivision approval and requested an extension for final subdivision approval. Page 9 of 20 211 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report (2) Extension of Time for Submittal of Final Long Subdivision. The expiration of a preliminary long subdivision approval may be extended under the following provisions: (a) An applicant files a written request with the subdivision administrator prior to expiration of the five-year expiration period. The request shall state the specific work items, standards, and criteria which have not been completed and the reasons therefor. The request shall also indicate when the work will be completed within the requested period. The subdivision administrator shall review the request and provide a recommendation to the hearing examiner. (b) The hearing examiner shall have authority to grant one one-year extension subsequent to the original preliminary plat approval. (c) The one-year extension may be granted if, after taking into consideration technical, economic and other matters beyond the control of the applicant, the hearing examiner finds that there is reasonable justification for the granting of an extension. (d) In granting the one-year extension the hearing examiner shall take into consideration such changes in rules, regulations, ordinances, or development standards, or portions thereof, that have occurred since the time the original approval was granted. (e) The hearing examiner may condition the extension so as to require compliance with any such subsequently adopted rules, regulations, ordinances, or development standards, or portion thereof, that are deemed necessary to protect the public health, safety and welfare. The applicant requested the extension for final subdivision approval on March 3, 2015. Pursuant to WCC 21.05.039(2) the extension request shall be granted by the Hearing Examiner. However, this subdivision has been processed concurrently with a PUD and the decision body for the entire proposal is the Council. Pursuant to WCC 20.85.331 extensions for timeframes associated with a PUD must be determined by Council. PDS is requesting Council make the final determination for the extension associated with the subdivision and the PUD. The request for extension from the applicant discussed both the economic climate over the last several years as well as the change in Whatcom County policy as justification for the extension request. As noted in the discussion above, the applicant has been working with Public Works to revise the conditions of approval with regard to off -site road improvements which is a result of changes to the TIP and DIMIS which both are County plans and policies. The TRC reviewed the request for modification and the extension request and determined that there have been changes in rules, regulations and development standards since the proposed subdivision and PUD was submitted in 2005. 212 Page 10 of 20 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report The TRC did recognize that the applicant has been working with Public Works to revise the conditions which led to the request for additional time and determined additional requirements at this time are not warranted. It should be noted, the TRC did discuss additional or updated standards may be required if the applicant requests additional time beyond May 2017. The TRC recommends approval of the one year extension with no additional conditions of approval, beyond the revised Public Works conditions. WCC 21.05.110 Modifications to approved preliminary long plats. (2) The hearing examiner or county council, whichever approved the original preliminary long plat, may approve major changes to the plat. Major changes are those that, in the opinion of the technical review committee, would adversely impact neighbors or the environment, alter the density, alter the uses, or alter the basic design of the preliminary long plat. The SEPA official shall review major changes and determine whether the original SEPA determination is still valid or a new determination required. The hearing examiner or county council shall hold a public hearing prior to issuing the decision. The appropriate city shall be notified of the request and given the opportunity to comment on major changes, if the land division is located within that city's urban growth area. The TRC has determined that modifying the conditions of approval to remove off -site road improvements is a major modification and requests that Council approve the request for modification. The SEPA determination has been reviewed and it has been determined the original SEPA MDNS is still valid. The TRC recommends that Council hold a public hearing and approve the requested modification. This proposal is within the Birch Bay Urban Growth Area and is not associated with a city. F. 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 proposed modification noted above in accordance with WCC 24.05 On Site Sewage System Regulations, WCC 24.11 Drinking Water Code, and WCC 21 Land Division Regulations. The applicant is proposing a subdivision utilizing water from the Point Roberts Water District and on -site sewage systems (OSS). The Whatcom County Health Department submitted a memo dated April 7, 2015 with the following discussion: The Whatcom County Health Department (WCHD) has reviewed the proposed major modification and has no objections. WCHD also has no objections to the extension request. Page 11 of 20 213 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report Prior to final plat approval, the applicant must provide proof that water and sewer infrastructure serving each lot has been installed, inspected, and approved by the Birch Bay Water & Sewer District. The Technical Review Committee has determined that the major modification meets the requirements of WCC Title 24. VIII. RECOMMENDATION The Technical Review Committee has determined that subject to the following proposed conditions, the requested major adjustment, modification and one-year extension would comply with applicable Whatcom County and Washington State regulations. As stated above, the Technical Review Committee recommends approval of the Long Subdivision application, subject to the following conditions (revised conditions in italics) : IX. CONDITIONS OF APPROVAL Current Planning 1. The use and location on the site shall not be amended or changed in any way without further approval of the Whatcom County Hearing Examiner. 2. Approval of this preliminary subdivision shall become invalid unless a final plat is submitted in proper form for final plat approval on or before May 17, 2017. This expiration date may be extended pursuant to WCC 20.05.030(5). 3. The applicant shall comply with the attached conditions of the Whatcom County Health Department's memo of April 7, 2007 unless modified by the Health Department or appealed to the appropriate agency. 4. The playground facility shall be completed prior to Final plat approval. 5. All outside lighting shall be installed pursuant to WCC 20.80.523 to reduce impacts to adjacent residential uses and streets. 6. A maintenance agreement for the entire project will be drafted to provide for the maintenance of any areas in common ownership including the playground. This requirement shall be included in the Final CC& Rs, for all uses within the project. 7. A community identification sign shall be permitted pursuant to WCC 20.80.470 (4) Exemptions. 8. No sign shall be located closer than 10-feet to any right-of-way, per WCC 20.80.410 (1), and a building permit shall be obtained for any and all signs 214 Page 12 of 20 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report installed on the site. 9. Proper inscriptions shall be placed on the face of the mylar. 10. All appropriate deed, dedications and easements will be established on the face of the plat during the final review process, and recorded on the face of the mylar. 11. Prior to final plat approval, the applicants shall provide written verification from Fire District 21 affirming that adequate fire protection services, as defined by Whatcom County, will be available. 12. The applicant shall comply with the attached conditions of the Watershed Administrator's memo of April 8, 2008 unless modified by the Watershed Administrator or appealed to the appropriate agency. 13. A note shall be placed on the face of the plat prohibiting accessory dwelling units. 14. The applicant shall have a cultural resource assessment study done by a professional archeologist and submitted to the Lummi Indian Business Council as well as the Whatcom County SEPA official for review prior to any clearing or land disturbance. 15. Should any archaeological materials (shell midden, faunal remains, stone tools) or human remains be observed during the project activities, all work in the immediate vicinity shall stop, and the area shall be secured. The State Office of Archaeology and Historic Preservation (360-586-3065), and the Lummi Nation Tribal historic Preservation Office (360-384-2298) should be contacted immediately in order to help assess the situation and determine how to preserve the resource(s). Compliance with all applicable laws pertaining to archaeological resources is required. 16. The applicant shall contact the Washington State Department of Natural Resources to determine if a Forest Practices Application is required prior to any land clearing. 17. The following cluster subdivision notes shall be included on the face of the plat: This 23-lot long (22-cluster lots and 1-reserve lot) plat, Lincoln Road Cluster Plat has been approved as a cluster long subdivision. All lots within this plat are subject to the development and use standards of the Urban Residential (UR4) District, pursuant to WCC 20.20. The following notes shall be considered a deed restriction and shall constitute a binding agreement between Whatcom County and all present and future owners of record. Said notes shall be included within all deeds and contracts of conveyance and may only be amended by mutual agreement between said parties pursuant to the zoning in effect at the time. Page 13 of 20 215 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report The currently permitted density shall be achieved with one single-family dwelling on each of lots 1 through 22. Lots 1-22 are not eligible to apply for accessory dwelling units (ADU). The wetland/upland/reserve area has been designated as a reserve tract and is subject to the following restrictions: a) Based on density calculations for the 19.73-acre parent parcel located in the Urban Residential (UR4) zone, there are 56 densities remaining that are assigned to the Reserve Tract for future development. The reserve tract shall not be reduced below 20% of the parent 19.73-acre parcel. b) The reserve tract shall not be further subdivided in any manner except as may be provided by WCC 20.20.320. c) The reserve tract may be retained by the subdivider, conveyed to the residents of this long plat or conveyed to a third party. d) This project shall be subject to the right to farm disclosure policy contained in Whatcom County Code Title 14. e) Accessory Dwelling Units are prohibited on the reserve tract. f) A small portion of the reserve tract will be developed with a playground (tot lot) and will be maintained by the homeowners association and benefit all lot owners. 18. The applicants shall provide a 20-foot wide landscape buffer along the south side of Lincoln Road with suitable plant materials to provide an all season vegetative barrier between Lincoln Road and development. This buffer shall be designed in accordance with WCC20.80.345, and approved by the Zoning Administrator, prior to any development on the subject site. 19. All required vegetative buffering shall be installed per the approved plan, or bonded for 125% of the cost of labor and installation for planting and irrigation prior to submittal of a final plat application. Critical Areas 20. An herbaceous component should be included in the planting design for both wetland and mitigation areas. This should include a seed mix comprised of native indigenous species, containerized plantings at five-foot spacing, or a combination. 21. The pre-existing, or baseline, hydrological regime for the area proposed for wetland creation must be described in the mitigation plan. Data should be provided that shows depth to groundwater over a yearly cycle in order to determine hydrology. 22. The preliminary mitigation plan states that additional water from development runoff may enhance hydrology in created wetlands (p.11). Elsewhere in the 216 Page 14 of 20 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report plan it states that all runoff from proposed developments will be directed to an approved stormwater drainage system in order to protect wetlands from contaminated runoff from lawns and streets (p.14). Any discrepancies must be reconciled in the final mitigation plan. Any discharge of stormwater to wetlands must meet the applicable standards in the DOE stormwater manual 23. In the "Soils" section the preliminary mitigation plan mentions that soil excavated from the area proposed for wetland creation will be placed outside of critical areas. (p.11) The final mitigation plan must specifically address topsoil preservation and replacement. Only subsoil may be permanently removed from the excavation area. Topsoil must be sorted, preserved and replaced after the grade has been lowered. The final grade elevation must elevation must take the re -spread topsoil into consideration. 24. In the "Landscape" section the preliminary mitigation plan mentions planting woody species on 10 foot centers. Ten to twelve foot centers are a general standard for tree species, while shrubs should be planted on five-foot centers. This section must include an herbaceous component as specified above. 25. The final mitigation plan should include a more detailed description of how hydrology will be monitored in the wetland creation area (groundwater wells, staff gages, soil moisture, etc). 26. A `maintenance and monitoring' contract must be developed for a minimum of a five-year period. 27. Prior to road construction a surety of savings of 125% of the estimated cost of mitigation must be established before construction of the road or other infrastructure occurs. Estimated costs must include: grading, plants, materials (fencing, mulch, and signs), labor, as -built report, five years of maintenance, and five years of monitoring. Note: The estimate provided in the preliminary mitigation plan does not include an amount for the grading involved in the wetland creation. 28. Protective measures that meet the requirements of WCC16.16.265 must be in place: Signage, fencing, notice on title, and protective easement or placed in a separate tract. 29. Prior to road construction mitigation should be installed before any construction of the long plat road or other infrastructure begins. Exceptions may be approved only to meet seasonal requirements for mitigation installation. Building Services 30. A building permit is required at the initial site development stage of the project for any proposed nonexempt structures or buildings. See the 2003 Page 15 of 20 217 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report International Building Code (IBC), Section 105.2., regarding nonexempt structures. 31. When applicable, development stages that include the construction of multi- family and mixed occupancy (commercial) projects shall require the applicant to apply to the Building Official for a pre -application screening prior -to building permit application submittal. A pre -application meeting may be required at the discretion of the Building Official. 32. A Washington State Professional Engineer may be required to engineer applicable portions of any proposed nonexempt structures or buildings. 33. The proposal shall comply with all applicable codes and ordinances adopted by Whatcom County. 34. Nonexempt structures may include fences, retaining walls, concrete vaults and other poured -in -place concrete structures, some retention/detention structures, bridges. 35. Proof of public sewer availability from the Birch Bay Water and Sewer District to serve the entire project is required prior to preliminary approval. 36. Proof of public water availability from the Birch Bay Water and Sewer District to serve the entire project is required prior to preliminary approval. 37. The applicant shall have a cultural resource assessment study done by a professional archeologist and submitted to the Lummi Indian Business Council as well as the Whatcom County SEPA official for review prior to any clearing or land disturbance. 38. Should any archaeological materials (shell midden, faunal remains, stone tools) or human remains be observed during the project activities, all work in the immediate vicinity shall stop, and the area shall be secured. The State Office of Archaeology and Historic Preservation (360-586-3065), and the Lummi Nation Tribal historic Preservation Office (360-384-2298) should be contacted immediately in order to help assess the situation and determine how to preserve the resource(s). Compliance with all applicable laws pertaining to archaeological resources is required. Watersheds 39. A TESC plan shall be reviewed and approved by the Watersheds Staff prior to beginning any clearing activity. ESC measures shall be inspected when installed. Depending on the site this inspection may occur prior to, during, or after land disturbance. Call Watersheds staff to arrange inspection. Details for submittal are found in the Whatcom County Development Standards Chapters 2 and 3. 218 Page 16 of 20 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report 40. An ESC preconstruction meeting is required with representatives of Whatcom County PDS, Whatcom County Engineering, the Project Engineer, and Contractor in attendance. 41. The TESC Site Plan is required to be prepared by a Professional Civil Engineer, licensed in the State of Washington 42. A WA DOE NPDES Stormwater General Permit may be required (for cumulative land disturbance one acre or greater). Contact Department of Ecology at 360.738.6250 for more info. 43. The applicant shall include a TESC BMP Maintenance Plan. BMPs shall be inspected and reinstalled, if necessary, after each phase of construction. The BMP maintenance plan shall include each anticipated inspection and the position title of the staff responsible for performing the maintenance. The TESC Maintenance Plan is required be prepared by a Professional Civil Engineer, licensed in the State of Washington 44. In order to protect surface waters and stormwater conveyance systems all streets shall be kept free of sediment for the duration of construction including subsequent development of individual lots. Street sweeping shall be conducted on a regularly scheduled basis. A narrative describing the equipment, the disposal of sediment, and frequency of sweeping shall be submitted prior to final plat approval. The Street Sweeping Plan is required to be prepared by a Professional Civil Engineer, licensed in the State of Washington 45. Provide a narrative describing, in detail, measures planned to ensure capacity of the pond during the wet season. These may include but are not limited to: pumping turbid water to a truck and removing it from the site to another approved site, pumping turbid water to an approved dispersion/ infiltration system on or off site. The name, contact info, and contract for pumping services contractor shall be on file with the technical administrator. The Pumping Plan is required to be prepared by a Professional Civil Engineer, licensed in the State of Washington 46. Treatment shall be required for all pollution -generating impervious surfaces (PGIS) per the standards located in Section 6 of the Stormwater Special District Standards. No clearing activity shall occur until drainage plan is reviewed and approved by Watersheds staff. 47. The following Plat Note shall apply: DRAYTON HARBOR STORMWATER SPECIAL DISTRICT AND WATER RESOURCE SPECIAL MANAGEMENT AREA NOTE: THE LOTS WITHIN THIS PLAT ARE LOCATED IN AN AREA DESIGNATED AS A STORMWATER SPECIAL DISTRICT AREA AND WATER RESOURCE SPECIAL MANAGEMENT AREA. ANY DEVELOPMENT OF SAID LOTS SHALL BE SUBJECT TO THOSE REGULATIONS PURSUANT TO WCC 20.80.636 AND WCC 20.80.735. Page 17 of 20 219 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report Public Works - Engineering Division 48. The applicant shall comply with the conditions of the Whatcom County Engineering Division in the memo dated January 6, 2015 unless modified by the Engineering Division or appealed to the appropriate agency. 49. All development shall comply with vested Whatcom County Development Standards (WCDS) to the extent that any given vested WCDS provision constitutes a "land use regulation" (i.e., one that exerts a restraining or directing influence over land use), otherwise the effective or current WCDS shall apply. 50. Sight distances at all development parcel access locations onto Lincoln Road, and at the Blaine Road and Lincoln Road intersection, shall meet vested WCDS Section 505. H. 51. For plat roads, Applicant shall: a. Center roadways within a minimum 50-foot wide public road right-of-way, and b. Construct the main interior road to the vested WCDS Urban Local Access standard per WCDS Chapter 5 Table 2 and WCDS Drawing 505.C-1, and c. Construct cul-de-sacs to the vested WCDS Urban Minor Access standard per WCDS Drawing 505.L-1, and d. Dedicate roadways and public road rights -of -way to Whatcom County. 52. Applicant shall place a "Prohibited Vehicle Access" note on the final plat map for all development -created lots that abut the Lincoln Road right-of-way. 53. Applicant shall install signage and striping per current MUTCD standards to all Applicant -newly constructed and improved roads. 54. Applicant shall possess a County -issued Revocable Encroachment Permit (ENC) prior to performing any "work" (per current Whatcom County Code (WCC) 12.16.010 definition) within any County public road right-of-way per current WCC 12.16. 55. Applicant shall submit to the County Public Works Department Engineering Services Development group (PWD-ES/D) for PWD-ES/D review and approval a Traffic Impact Analysis Report (TIAR) per current WCDS. The TIAR shall analyze and determine the project's traffic impact of the forecasted 2015 traffic volumes at the Birch Bay-Lynden Road and Blaine Road intersection, and at the Birch Bay-Lynden Road and Portal Way intersection, and propose the project's Page 18 of 20 220 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report proportionate monetary contribution share accordingly to the County's construction costs (either actual or currently estimated) of the improvements to each intersection. Applicant shall also submit a copy of the TIAR to the Washington State Department of Transportation (WSDOT) for their comments as well. Based on the County -approved TIAR, which will consider WSDOT comments received, Applicant shall enter into a Voluntary Traffic Mitigation Agreement with the County to fulfill Applicant's monetary contribution requirements. 56. Applicant shall submit to PWD-ES/D for PWD-ES/D review and approval either a Stormwater Design Report per current WCDS Section 215 or a Stormwater Site Plan per the 2012 Washington State Department of Ecology Stormwater Management Manual for Western Washington. Applicant shall, however, base stormwater management BMP selection and design on vested WCDS. 57. Applicant shall provide for maintenance of private stormwater system per current WCDS Section 220. Applicant shall establish a fund for the first two years of the stormwater system performance verification and maintenance. Applicant shall include a Stormwater Maintenance Plan in the CC&Rs for the project. 58. Applicant shall show on the final plat map all easements and any physical appurtenances (such as fences or structures that might indicate encroachment, lines of possession, or conflict of title) per current Washington Administrative Code (WAC) 332-130-050(1)(b). 59. Applicant shall submit to PWD-ES/D a map of the lots at 1 "=400'scale for County road naming and address assignment purposes. Applicant may submit to PWD-ES/D for PWD-ES/D review and approval plat road name proposals per current WCC 12.60.070. Applicant shall pay current lot addressing fees prior to recording. 60. A Washington State licensed civil engineer shall prepare and submit to PWD- ES/D for PWD-ES/D review and approval all road, Stormwater facilities, and grading drawings. Applicant shall not perform any work that these drawings depict prior to participating in a formal Preconstruction Meeting with County Engineering staff. 61. Applicant shall submit to PWD-ES/D for PWD-ES/D review and approval certified as -built surveys and record drawings per current WCDS Sections 217.1 and 507.D, respectively. 62. Prior to County's acceptance of the new subdivision road (interior plat road) into the County Road System for public maintenance, the Applicant shall post a Warranty Security per current WCDS Section 509. Page 19 of 20 221 Lincoln Road PUD and LSS PUD2005-00007 and LSS2005-00012 Major Modification and Extension Staff Report 63. Developer shall provide a plat layout to the United States Postal Service (LISPS) to obtain LISPS -approved mailbox location(s). The location and use of mailboxes shall not interfere with County road traffic per current WCDS. Report prepared for the Technical Review Committee by: Amy Keenan, AICP Senior Planner 222 Page 20 of 20 WHATCOM COUNTY ENGINEERING SERVICES PUBLIC WORKS DEPARTMENT �G°M©� JOSEPH P. RUTAN, P.E. FRANK M. ABART �� Z� County Engineer/Assistant Director Director 5280 Northwest Dr. Bellingham WA 98226-9098 gsti iN o Phone: 360.676,6730 Fax: 360. 676.6558 M E M 0 R A N D U M From: Joe Rutan, County Engineer/Assistant Directo `' Sandy Petersen, Development Manager•RA177::1 To: Amy Keenan, PDS Senior Planner €€� Date: January 6, 2015 Subject: Lincoln Road Subdivision/PUD Creation Project LSS2005-00012/PUD2005-00007 Engineering Conditions of Approval (Revision No 2) Reference: (a) November 16, 2006 Mary White Engineering Conditions of Approval Memorandum to Marilyn Bentley (same subject) Enclosures: (1) November 25, 2014 County Executive Executive Declaration regarding revisions to Development Impact Mitigation Identification System (DIMIS) (2) DIMIS V3 Work Sheet for subject project BACKGROUND: 1. Reference (a) Engineering Conditions of Approval Memorandum Condition Nos 3 and 4 both reflected the County Council -approved 6 Year Transportation Improvement Program (6YTIP) expectation, at that time, that a County -funded project to improve the segment of the Lincoln Road roadway between Blaine Road and Harborview Road would occur closely coincident with subject proposed development construction. Due to various factors, this project is no longer on the County Council -approved 6YTIP, which therefore necessitates revisions to those two Conditions accordingly. 2. On November 25, 2014, the County Executive issued a declaration (please see Enclosure (1) Executive Declaration) that revised the basis for determining deficiencies on existing County maintained rural roads as part of the County's Development Impact Mitigation Identification System (DIMIS). For the purpose of this Memorandum, I will refer to this approved update to DIMIS as "DIMIS V3". 3. On December 15, 2014, the Developer's agent submitted to the County a formal request, as enabled by Enclosure (1) Executive Declaration paragraph no 2, to re- evaluate subject project's off -site road improvement requirements using DIMIS V3. Page: 1 Filed: I:\DEVELOPMENT\Projects\Subdivisions (LSSs)\Lincoln Road PUD (LSS2005-00012 & PUD2015-00007)\Engineering Conditions (Revision No 2) Memo (Final Original).doc 223 In processing that request I have determined that subject project satisfies Enclosure (1) Executive Declaration paragraph no 2 prerequisites for County re- evaluation. 4. In applying DIMIS V3 to subject project (please see Enclosure (2) Work Sheet), no off -site road mitigation to Lincoln Road is legally imposable. Therefore, reference (a) Memorandum Condition Nos 3 and 4 no longer apply, either as physical work, or as monetary contributions in lieu of physical work. 5. Additionally, after reviewing reference (a) Memorandum overall, I have also determined that other condition clarifications are necessary. As a result, my revised Conditions of Approval in total follow below. REVISED CONDITIONS: In view of paragraph nos 1 - 5 above, using the following definitions of: "Vested": As of August 30, 2005, which is subject proposed project's land use regulations vesting date, and "Effective": As of May 6, 2009, which is subject proposed project's Preliminary Plat approval date, and "Current": Corresponding to the submission date of a document or a permit application, I now hereby recommend the following revised conditions of, and prerequisites to, project approval, which effectively supersede reference (a) Memorandum in its entirety: C1. All development shall comply with vested Whatcom County Development Standards (WCDS) to the extent that any given vested WCDS provision constitutes a "land use regulation" (i.e., one that exerts a restraining or directing influence over land use), otherwise the effective or current WCDS shall apply. C2. Sight distances at all development parcel access locations onto Lincoln Road, and at the Blaine Road and Lincoln Road intersection, shall meet vested WCDS Section 505.H. C3. For plat roads, Applicant shall: a. Center roadways within a minimum 50-foot wide public road right-of- way, and b. Construct the main interior road to the vested WCDS Urban Local Access standard per WCDS Chapter 5 Table 2 and WCDS Drawing 505.C-1, and Page: 2 Filed: I:\DEVELOPMENT�Projects\Subdivisions (LSSs)\Lincoln Road PUD (LSS2005-00012 & PUD2015-00007)\Engineering Conditions (Revision No 2) Memo (Final Original).doc 224 c. Construct cul-de-sacs to the vested WCDS Urban Minor Access standard per WCDS Drawing 505.L-1, and Cl. Dedicate roadways and public road rights -of -way to Whatcom County. C4. Applicant shall place a "Prohibited Vehicle Access" note on the final plat map for all development -created lots that abut the Lincoln Road right-of- way. C5. Applicant shall install signage and striping per current MUTCD standards to all Applicant -newly constructed and improved roads. C6. Applicant shall possess a County -issued Revocable Encroachment Permit (ENC) prior to performing any "work" (per current Whatcom County Code (WCC) 12.16.010 definition) within any County public road right-of-way per current WCC 12.16. C7. Applicant shall submit to the County Public Works Department Engineering Services Development group (PWD-ES/D) for PWD-ES/D review and approval a Traffic Impact Analysis Report (TIAR) per current WCDS. The TIAR shall analyze and determine the project's traffic impact of the forecasted 2015 traffic volumes at the Birch Bay-Lynden Road and Blaine Road intersection, and at the Birch Bay-Lynden Road and Portal Way intersection, and propose the project's proportionate monetary contribution share accordingly to the County's construction costs (either actual or currently estimated) of the improvements to each intersection. Applicant shall also submit a copy of the TIAR to the Washington State Department of Transportation (WSDOT) for their comments as well. Based on the County - approved TIAR, which will consider WSDOT comments received, Applicant shall enter into a Voluntary Traffic Mitigation Agreement with the County to fulfill Applicant's monetary contribution requirements. C8. Applicant shall submit to PWD-ES/D for PWD-ES/D review and approval either a Stormwater Design Report per current WCDS Section 215 or a Stormwater Site Plan per the 2012 Washington State Department of Ecology Stormwater Management Manual for Western Washington. Applicant shall, however, base stormwater management BMP selection and design on vested WCDS. C9. Applicant shall provide for maintenance of private stormwater system per current WCDS Section 220. Applicant shall establish a fund for the first two years of the stormwater system performance verification and maintenance. Applicant shall include a Stormwater Maintenance Plan in the CC&Rs for the project. C10. Applicant shall show on the final plat map all easements and any physical appurtenances (such as fences or structures that might indicate Page: 3 Filed: I:\DEVELOPMENT\Projects\Subdivisions (LSSs)\Lincoln Road PUD (LSS2005-00012 & PUD2015-00007)\Engineering Conditions (Revision No 2) Memo (Final Original).doc 225 encroachment, lines of possession, or conflict of title) per current Washington Administrative Code (WAC) 332-130-050(1)(b). C11. Applicant shall submit to PWD-ES/D a map of the lots at 1"=400' scale for County road naming and address assignment purposes. Applicant may submit to PWD-ES/D for PWD-ES/D review and approval plat road name proposals per current WCC 12.60.070. Applicant shall pay current lot addressing fees prior to recording. C12.A Washington State licensed civil engineer shall prepare and submit to PWD-ES/D for PWD-ES/D review and approval all road, stormwater facilities, and grading drawings. Applicant shall not perform any work that these drawings depict prior to participating in a formal Preconstruction Meeting with County Engineering staff. C13.Applicant shall submit to PWD-ES/D for PWD-ES/D review and approval certified as -built surveys and record drawings per current WCDS Sections 217.I and 507.D, respectively. C14. Prior to County's acceptance of the new subdivision road (interior plat road) into the County Road System for public maintenance, the Applicant shall post a Warranty Security per current WCDS Section 509. C15. Developer shall provide a plat layout to the United States Postal Service (USPS) to obtain USPS-approved mailbox location(s). The location and use of mailboxes shall not interfere with County road traffic per current WCDS. I also request that the Developer voluntarily dedicate an additional 15 feet of public road right-of-way along the parent parcel's entire northern boundary. If you have any questions or concerns, please call me at extension 50627. Thank you. Page: 4 Filed: I:\DEVELOPMENT\Projects\Subdivisions (LSSs)\Lincoln Road PUD (LSS2005-00012 & PUD2015-00007)\Engineering Conditions (Revision No 2) Memo (Final Original).doc wleq� Lincoln Road Subdivision/PUD Creation Project LSS2005-00012/PUD2005-00007 Lincoln Road Mitigation Requirements Determination Work Sheet using DIMIS V3 Evaluation Elements Description Value Lincoln Road total length from subdivision access point's western edge to a , �1290 ft Blaine Road western edge of pavement: Lincoln Road total traveled way width (s)/correspo nd i ng segment length(s) I 16 to18 ft / from subdivision access point's western edge to Blaine Road western edge of —1290 ft pavement: ° Lincoln Road total traveled way surfacing material/corresponding segment BST / 1290 length(s) from subdivision access point's western edge to Blaine Road western i ft edge of pavement: Lincoln Road north side shoulder width s /corres o nd i ng segment length(s) —1 ft / —1290 from subdivision access point's western edge to Blaine Road western edge of i ft pavement: Lincoln Road north side shoulder surfacing material/corresponding segment Gravel / flength(s) from subdivision access point's western edge to Blaine Road western —1290 ft edge of pavement: i I Lincoln Road south side shoulder widths)/corresponding segment length(s) from subdivision access point's western edge to Blaine Road western edge of I N1 ft / —1290 ft pavement": i Lincoln Road south side shoulder surfacing material/corresponding segment Gravel / length(s) from subdivision access point's western edge to Blaine Road western —1290 ft edge of pavement: Lincoln Road half -width right-of-way diminesion abutting parent parcel 20 ft j Latest Lincoln Road actual ADT count (ADTE) and year counted: 86 / 2010 Project -generated ADT (ADTP) = number of developable lots X 10: 220 i Analysis: • Per DIMIS V3 Development Created and/or Worsened Deficiencies Determination Reference Table for Existing Public Rural Roads, for < 400 ADTE, the minimum traveled way width must be 16 ft and the minimum shoulder width must be 0 ft, OR the minimum roadway width must be 16 ft. If not, then a pre-existing deficiency exists by definition. • Based on the above elements and corresponding values, Lincoln Road is not currently deficient for ADTE. Therefore, subject project will NOT worsen any pre-existing deficiencies that the Developer must mitigate. • ADTE + ADTP = 306, which is less than 400. • Based on the above elements and corresponding values, subject project will NOT create any new deficiencies either. • The County may NOT require any mitigation. Filed: \\co.whatcom.wa.us\root\DeptShare\ENIDEVELOPMENT\ProjectslSubdivisions (LSSs)\Lincoln Road PUD (LSS2005-00012 & PUD2015-00007)\Lincoln Road Mitigation Determination work Sheet (Final Original).docx 227 228 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Ave. Suite #108 Bellingham, WA 98225 November 25, 2014 EXECUTIVE DECLARATION SUBJECT: Whatcom County Development Standards Chapter 5 — Road Standards Jack Louws County Executive 1, Jack Louws, in my capacity as the Whatcom County Executive, in response to the October 30, 2014 Whatcom County Development Standards (WCDS) Technical Advisory Committee (TAC) Chairperson's Memorandum of Recommendations (copy attached), hereby declare the following: 1. In keeping with the existing WCDS 606 provisions that state, in part, that: "...Developers are responsible to mitigate the direct impacts of their developments", and "All development(s) that will adversely affect the level of service (LOS), safety, or operational efficiency of the Whatcom County public road system, may be required to mitigate said impact", Public Works Department staff shalt continue to apply its Development Impact Mitigation Identification System (DIMIS) to all developments, preserving all its foundational elements and principles, which are: a. Before the County may condition a land -use permit, it must identify a public problem or problems that the condition is designed to address, and b. The County must show that the development for which a permit is sought will create or exacerbate the identified public problem, and c. The County must show that its proposed condition or exaction tends to solve, or at least to alleviate, the identified public problem, and d. The County must show that its proposed solution to the identified public problem is roughly proportional to that part of the problem that is created or exacerbated by the landowner's development, but shall use the enclosed TAC-approved Development Created and/or Worsened Deficiencies Determination Reference Table (Revised October 31, 2014) far existing public rural roads instead of WCDS Table No 1 and Table No 2 to determine the existence of a deficiency. Office 360 676 6717 Fax 360 676 6775 TDD 711 229 2. Developers whose developments were evaluated under any previous DIMIS methodology, and where the start of physical mitigation activity or the payment of funds in lieu of physical mitigation ponds, may request that County Public Works Department staff re-evaluate their mitigation requirements using this methodology described in paragraph no 1 above, provided also that the results of any re-evaluation will now categorically apply to the development. This declaration is effective this 2e day of November, 2014. Jack L )"W 6OL rt + - �<,u'ivc� Enclosures: (1) October 30, 2014 Whatcom County Development Standards Technical Advisory Committee Chairperson Memorandum (`11 !?fyyalnnmanl rrny f-d �n4 /rr �N ..t nrr J'1f .. �.._�.:__ r^r_-_ 1 ...-... .,.<.4v a�aarrrirrr>. Yoa twrKztufltr/rtalrull rrC/tslii/fO IU0i0for Existing Public Rural Roads (revised October 31, 2014) 230 VVHATCOM COUNTY ENGINEERING SERVICES PUBLIC WORKS DEPARTMENT i�`yFD �� U� JOSEPH P. RUTAN, PE FRANK M. ABART a County EnginMrlAsslstant Director Director , 5280 Northwest Drive Bellingham, WA 98228-9098 360.676.6730 Fax: 360.676.6558 MEMORANDUM FROM: Michael Matthes, PE, Whatcom County Development Standards Technical Advisory Committee Chairperson TO: The Honorable Jack Louws, Whatcom County Executive DATE: October 30, 2014 SUBJECT: Proposed Revisions To Development Impact Mitigation Identification System (DIMIS) On behalf of the Whatcom County Development Standards Technical Advisory Committee (TAC), I am pleased to present to you the following information and recommendations regarding Whatcom County's Development Impact Mitigation Identification System (DIMIS): WHEREAS, current Whatcom County Code (WCC) provisions for proposed subdivision, short subdivision, and binding site plan establishment projects all require automatic public road frontage improvements, and WHEREAS, County Public Works Department staff research, as endorsed by both County and Municipal Research and Services Center of Washington (MRSC) legal staff, reveals that said WCC frontage improvement provisions are inconsistent with Washington state and case law, and WHEREAS, despite said legal inconsistency, said frontage improvement provisions nevertheless express the legislative intent that developers must mitigate their development's impacts to County public roads, and WHEREAS, current Whatcom County Development Standards (WCDS) Section 506 generally requires all developers to mitigate the impacts of their respective developments, and WHEREAS, current WCDS Section 506 requires that developers submit for County review and approval Traffic Impact Analysis (TIA) reports for certain, but not all, developments, and WHEREAS, County Public Works Department staff use said TIA reports, to determine, but not exclusively, development impact mitigation requirements, and WHEREAS, in keeping with said expressed legislative intent and WCDS provisions that developers must mitigate the impacts of their respective developments, and as a supplement to, or independent of, any otherwise County -required TIA report, County, Public Works Department staff currently identify development impact mitigation 231 requirements using an internally created Development Impact Mitigation Identification System (DIMIS) that is consistent with Washington state and case law, and WHEREAS, the current version, as well as all previous versions, of DIMIS use the current WCC, WCOS, and County Council -adopted Level of Service standards to establish the condition that should actually exist for public deficiency determination purposes, and WHEREAS, the TAC understands that several members of the Development Community registered complaints to the County Executive regarding numerous aspects of DIMIS in its current incarnation, and WHEREAS, in response to said complaints, and after hearing a DIMIS briefing on October 24, 2013, the County Executive tasked the TAC to explore various options and opportunities regarding development impact mitigation in general, and WHEREAS, County Public Works Department staff member Sandy Petersen's October 25, 2014 10:44 am email summarizes said County Executive -tasking, and WHEREAS, said County Executive tasking did not prescribe a specific solution or methodology to pursue, but rather empowered the TAC with the flexibility to explore any and all ideas that evolved based on brain storming for viable options, and WHEREAS, ire TAC subsequently Identified and evaluated 9 options as follows: Establish separate standards criteria for new roads and for existing roads, Establish the same, but less than current WCDS, standards criteria for new roads and for existing roads. Establish a DIMIS applicability exemption threshold for development that generates less than a certain traffic loading factor, • Use Traffic Impact Fees (TIFs), or some other similar legal process based on estimated deficiency correction costs in a defined service area(s), to compensate for development impacts, • Create a new Whatcom County Unified Fee Schedule (UFS) rate (e.g., $NN per square foot of road and/or shoulder widening) that staff would charge a development proponent based an the DIMIS output results for the particular development, if the County could offer the development proponent that option in lieu of actual physical mitigation work, • Establish a different systematic way of determining rough proportionality for DIMIS purposes, • Establish a different definition of deficiency for DIMIS purposes, County Council abandons altogether the current universal requirement that all developers must mitigate development impacts, • County Council revises the current universal requirement that all developers must mitigate development impacts to only large developments (with the definition of "large" to be determined), and 232 WHEREAS, the TAC determined that numerous factors related to, and intertwined with, many of said options would preclude their respective implementation, and that these factors related to Growth Management Act compliance, equity for parcels that fronted public roads or by other means, legal compliance with RCW 82,02.020, and the overall time frame to implement a new system, and WHEREAS, after discussing all said options, the TAC ultimately decided to establish separate criteria for existing roads for public deficiency determination purposes, and WHEREAS, the TAC, with Public Works Department staff support, met over the span of several months to formulate said criteria in draft form, and WHEREAS, on August 3, 2014 County Public Works Department staff circulated said draft criteria to, and solicited written comments about said draft criteria from, members of the development community, and WHEREAS, on August 7, 2014, after advertising same on August 3, 2014, County Public Works Department staff publicly presented said draft criteria to, and answered questions from, several development community members, and invited those present to submit written comments to the TAC by August 14, 2014, or to attend a TAC-hosted public forum on August 21, 2014 to offer verbal comments, and WHEREAS, in response to a request by the Building Industry Association of Whatcom County (BIAWC), on August 14, 2014 County Public Works Department staff presented said draft criteria to several BIAWC members, and invited those present to submit written comments to the TAC by the end of the day, or to attend a TAC-hosted public forum on August 21, 2014 to offer verbal comments, and WHEREAS, on August 21, 2014 the TAC met in session with several members of the development community, who offered comments for TAC consideration, and WHEREAS, after due deliberations of all comments received, on August 21, 2014 the TAC unanimously finalized the separate criteria for existing roads for public deficiency determination purposes; THEREFORE, the TAC respectfully recommends that the County Executive take the following five actions soonest: 1. First and foremost, recommend to the County Council that they implement TIFs at the earliest opportunity as the exclusive supplemental development traffic impact mitigation methodology to any County -approved TIA report -identified mitigation actions. 2. Pending the implementation of TIFs as noted above, formally affirm that County Public Works Department staff shall continue to apply DIMIS to all developments, preserving all its foundational elements and principles, but shall use the August 21, 2014 TAC- approved Development Created and/or Worsened Deficiencies Determination Reference Table (enclosed here) for existing public rural roads instead of WCDS Table No 1 and Table No 2. Please note that a developer (or a developer's agent) could use, with minimal Public Works Department staff assistance regarding existing ADT counts, the aforementioned Deficiencies Determination Reference Table to readily determine whether a proposed development will create a new, and/or worsen, a public deficiency 233 on a public rural road that the developer would need to mitigate. The Table would also inform a developer whether any mitigation is even necessary at all. 3. Direct revisions to WCDS 506 for your subsequent consideration and approval that fully explain development impact mitigation principles, the legal criteria that need to be met in order to require a developer to mitigate their impacts, and the incorporation of the Deficiencies Determination Reference Table, however the latter should not preclude the use of the Deficiencies Determination Reference Table at this time. 4. Proclaim, coincident with paragraph no 2-recommended affirmation, that developers whose developments were evaluated under a previous development impact mitigation methodology, and where the start of physical mitigation activity or the payment of funds if lieu of physical mitigation pends, may request that County Public Works Department staff re-evaluate their mitigation requirements using this methodology described in paragraph no 2 above, provided also that the results of any re-evaluation will now categorically apply to the development. S. Direct appropriate County staff to prepare draft revisions to WCC that eliminates all references to automatic frontage improvements, and that memorializes the legislative intent that all developers must mitigate the impacts of their respective developments. If you Y� Ile any questions or comments please feel free to contact me. Michael Matthes, PE TAC Chairperson 360.733.6100 Attachments_ Development Created and/or Worsened Deficiencies Determination Reference Table for existing public rural roads Proposed wording for the Executive Declaration 234 C) m A A 0 4K z V1 ID 0 CO V1 A A CO C-4 Avi A VI 00 to :p Ir V1 Ii z Nr LU A cis r4 A Z I CN V1 CL 0 7j—D > 4) 3: E 3- IE 2 MUM NotLvniwA3 s1omm3w a3v avow I I 235 WHATCOM COUNTY Planning & Development Services Fire Marshal's Office 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907,TTY 800-833-6384 360-738-2525 Fax Memorandum TO: Amy Keenan, AICP FROM: Will Anderson, Fire Inspector III DATE: April 3, 2015 SUBJECT: Revision for LSS2005-00012 J.E. "Sam" Ryan Director/Fire Marshal Wain Harrison Deputy Fire Marshal The Whatcom County Fire Marshal's Office has reviewed the above permit application and we have no additional comments or conditions. The proposal shall comply with all applicable codes and ordinances adopted by Whatcom County. Any overlooked hazardous condition and/or violation of applicable code does not imply approval of such condition or violation. Will Anderson Fire Inspector III/CFI Whatcom County Fire Marshal's Office 5280 Northwest Drive Bellingham, WA 98226 (360)676-6907 wanderso@co.whatcom.wa.us Page 1 of 1 236 WHATCOM COUNTY "' 7.E. "Sam" Ryan Planning & Development Services a° `yam Director 5280 Northwest Drive 3` Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 �9SyN�aOr 360-738-2525 Fax Memorandum TO: Amy Keenan, Current Planning FROM: Joshua Fleischmann, Critical Areas DATE: April 8, 2015 SUBJECT: Lincoln Road - LSS2005-00012 The above referenced file was routed to critical areas for review. The applicant has submitted a request for a major modification to preliminary approval to alter the Public Works - Engineering off -site road improvement requirements and an extension request. The Whatcom County Code (WCC) the expiration of a preliminary long subdivision approval may be extended under certain conditions: - WCC 21.05.039(2)(c) "The one-year extension may be granted if, after taking into consideration technical, economic and other matters beyond the control of the applicant, the hearing examiner finds that there is reasonable justification for the granting of an extension,"; and - WCC 21.05.039(2)(d) "In granting the one-year extension the hearing examiner shall take into consideration such changes in rules, regulations, ordinances, or development standards, or portions thereof, that have occurred since the time the original approval was granted." My research indicates that the original application was reviewed under the 1997 Critical Areas Ordinance. It is my understanding that the request is necessary because of changes made by Whatcom County that came to light within the past year. Because the changed conditions are not the result of actions by the applicant, Critical Areas staff is in support of granting a 1-year extension. Any additional extensions necessary to complete conditions of preliminary long subdivision approval do not appear to be the result of changed conditions initiated by Whatcom County. Critical Areas staff would not be in support of granting additional 1-year extensions if the proposal is not consistent with the 2005 Critical Areas Ordinance, as discussed in WCC 21.05.039(2)(d). 237 WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Memorandum TO: Amy Keenan Planning & Development Services FROM: Mike Kim Environmental Health SUBJECT: LSS2005-00012 Lincoln Road — Major Modification APN 400119436436 DATE: April 7, 2015 Regina A. Delahunt Director Greg Stern, M.D. Health Officer The Whatcom County Health Department (WCHD) has reviewed the proposed major modification and has no objections. WCHD also has no objections to the extension request. Prior to final plat approval, the applicant must provide proof that water and sewer infrastructure serving each lot has been installed, inspected, and approved by the Birch Bay Water & Sewer District. 509 Girard Street 1500 North State Street Bellingham, WA 98225-4005 ■ UBLIC HEALTH Bellingham, WA 98225-4551 (360) 676-6724 HEALTHIER WHAi661 COUNTY (360) 676-4593 238 ,l m FAX (360) 676-6771 wwwwhatcorricounty.us/health FAX (360) 676-6772 tia" ENGINEERS March 3, 2015 ATTN: Amy Keenan, AICP Whatcom County Planning and Development Services 5280 Northwest Drive Bellingham, Washington 98226 RE: LSS 2005-00012 / PUD 2005-00007 This purpose of this letter is to request an extension of time for the above referenced project, pursuant to the criteria established in Whatcom County Code Title 21.05. It is our understanding that the approved Preliminary Plat and PUD application will expire on May 19, 2016. At this point the applicant would have only one building season in which to complete all the infrastructure for the project before the expiration date. We respectfully request a one year extension of time in order to complete the infrastructure and record the subdivision map. This extension request is required due to the poor economic climate over the past several years, as well as changes in Whatcom County rules and regulations related to land subdivisions. Since the plat was approved in 2009, the property owner has not been in a position to secure financing for the project due to significant banking regulation changes. He has recently been successful in securing the necessary finances to move the project forward. The specific work items which have not been completed include the onsite and offsite infrastructure improvements. We have been working closely with the County and Birch Bay Water and Sewer District to determine the exact scope and nature of the necessary improvements. Once the nature and extent of the improvements are known, we will proceed immediately and diligently to get the necessary civil engineering and land surveying plans prepared and submitted to the appropriate agencies. As you know, Whatcom County has recently developed new criteria for evaluating the transportation mitigation requirements associated with land development projects, (DIMIS) and the newly released criteria will be applied to the above referenced project. In conjunction with this request, we are also submitting an application for an alteration to the conditions of approval for LSS 2005-00012 / PUD 2005-00007 related to the DIMIS revisions. It is our understanding the nature and scope of the revised conditions of approval will apply solely to the specific mitigation measures addressed by the new DIMIS criteria. 239 We expect that the revised conditions of approval for the plat will be issued by the Hearing Examiner within the next few months. However, once the conditions of approval are re -issued, we are not confident that we will have enough time to prepare and process the infrastructure improvement plans and related items within a timeframe that will allow construction to commence and be completed before the end of the 2015 building season. We are also working with the Birch Bay Water and Sewer District to determine the best route to extend the sewer and water facilities. We have supplied our proposed water and sewer plans and made applications to the district for their review. We expect to hear back from them in the near future. Once we complete the infrastructure plans and receive agency reviews of the plans we expect that the construction process will take 4-5 months to complete. We may begin this summer; however vv✓e may have to postpone some of the work for completion in the summer of 2016. Thank you for your consideration of this request. Please do not hesitate to contact me if you have questions or comments. Best Regards, Darcy Jones, PLS, AICP, LEEP-ND Jones Engineers, Inc. 240 BEFORE THE COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON RE: Planned Unit Development Preliminary Long Subdivision Application for Mike Owens "Lincoln Road Plat" PUD2005-0007 LSS2005-0012 Council Agenda Bill No. 2009-248 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION This matter was considered by the Whatcom County Council at its regularly scheduled meeting on May 12, 2009. Said meeting Was duly convened and took place in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given, and a legal quorum of the Whatcom County Council was present throughout the meeting. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION The Whatcom County Council, having reviewed the record and file herein, to include the record of the Planning and Development Committee in this matter, adopted the findings of fact and conclusions of law as presented by the Hearing Examiner, and concurred with and adopted the recommendation of the Hearing Examiner, as presented in the Hearing Examiner's "Findings of Fact, Conclusions of Law, and Recommendation to the Whatcom County Council" herein dated May 6, 2009. Re: "Lincoln Road Plat " Findings offact, Conclusions of Law, and Decision Page - 1 241 Furthermore, be it known that a legally sufficient number of members of the Council voted in the proper manner for the acceptance of the above described Hearing Examiner's recommendation, and, since the May 11, 2009 vote of the Council, such acceptance has not been repealed, superseded or amended and remains in full force and effect as of the date of this document. DATED this day of May, 2009. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON AhF!eet ad — Council Chair A� • w HA rc'•.'L ': oUN� o S an,1 %erk otlhe•Cbuncil Re: "Lincoln Road Plat " Findings offact, Conclusions of Law, and Decision Page - 2 242 CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 WHATCOM COUNTY COUNCIL May 19, 2009 Mr. Mike Owens 1536 Willie Lake Road Ferndale, WA 98248 RE: Planned Unit Development Application Dear Mr. Owens: COUNCILMEMBERS Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Bob Kelly L. Ward Nelson Carl Weimer Whatcom County Council at its meeting of May 12, 2009, reviewed the recommendation of the Hearing Examiner regarding approval of a planned unit development, "Lincoln Road Plat." The Whatcom County Council concurred with and adopted the recommendation of the Hearing Examiner's "Findings of Fact, Conclusions of Law, and Recommendation to the Whatcom County Council" dated May 6, 2009. This planned unit development request is filed in our office as AB2009-248. The final written decision of the Council was issued on May 19, 2009. A copy of the Council's written decision is enclosed for your information. Sincerely, Marina Engels, MC Deputy Clerk of the Council c: Planning and Development Services Hearing Examiner Karen Frakes, Prosecutor's Office AB2009-248 Phone: (360) 676-6690 TTY: (360) 738-4555 FAX: (360) 791950