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HomeMy WebLinkAboutPacket Apr 7 2020OM Co CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C.ZA COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 ? astr1 (360) 778-5010 NG,�O WHATCOM COUNTY COUNCIL AGENDA REVISION NOTICE FOR APRIL 7, 2020 THE FOLLOWING ITEMS HAVE BEEN ADDED TO THE COUNCIL AGENDA FOR TOMORROW: OTHER ITEMS 6. AB2020-170 Resolution proclaiming the week of April 6 - 12 National Public Health Week INTRODUCTION ITEMS 3. AB2020-168 Ordinance amending the Whatcom County 2020 Budget, Request No. 10, in the amount of $3,000,000 to fund expanded COVID-19 emergency response 4. AB2020-169 Ordinance authorizing an interfund loan to finance cash flow for COVID-19 emergency response COUNCILMEMBERS Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas CarolFrazey Kathy Kershner CLERK O F TH E CO U N CI L Dana Brown C.M.C. tG� M COG -Davis, SP ya COUNTY COURTHOUSE 3 311 Grand Avenue, Raite#105 Bellingham, WA 982254038 (360) 778-5010 10 WHATCOM COUNTY COUNCIL COMBINED AG E N DA PACKET FO R APRIL 7, 2020 INCLUDES INFORMATION FOR THE FOLLOWING MEETINGS: COUNCIL MEETING (1:00 P.M.) CO U N Cl LM BN BERS Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner Whatcom County Council COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Meeting Agenda Tuesday, April 7, 2020 1PM Virtual Meeting VIRTUAL MEETING - VIEW ONLINE; AGENDA REVISED 4.6 AND 4.7 (SEE REVISION NOTICE IN MEETING DETAILS). COUNCILMEMBERS Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. Council Meeting Agenda April 7, 2020 COUNTY COUNCIL CALL TO ORDER ROLL CALL ANNOUNCEMENTS Councilmembers will participate in this meeting remotely through an online web -based meeting platform. Councilmembers will NOT be present in the Courthouse for this meeting. Per Washington State Proclamation, in -person attendance at meetings is prohibited at this time. A live stream of the meeting will be available for viewing through the Council's Legislative Information Center. EXECUTIVE'S REPORT OTHER ITEMS 1. AB2020-116 Update on COVID-19 Council Acting as the Health Board 5. AB2020-117 Discussion of strategies related to COVID-19 6. AB2020-157 Request authorization for the County Executive to award Bid #20-15 and enter into a contract between Whatcom County and Granite Construction Company, for annual hot mix asphalt Prelevel work on Lummi Reservation in an amount not to exceed $436,003.05 7. AB2020-158 Request authorization for the County Exectutive to award Bid #20-16 and enter into a contract between Whatcom County and Granite Construction Company, for hot mix asphalt Prelevel at various locations (non-Lummi Reservation) work in an amount not to exceed $628,535.00 8. AB2020-147 Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the City of Bellingham to remove Yakima County Jail and add Kittitas County Jail as a Correctional Facility utilized by Whatcom County 2. AB2020-170 Resolution proclaiming the week of April 6 - 12 National Public Health Week ITEM ADDED 4.6.2020 INTRODUCTION ITEMS Council action will not be taken. The council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time. 1. AB2020-163 Ordinance amending the 2020 Whatcom County Budget, request no. 9, in the amount of $261,127 (revised from original proposed amount to include only essential items) 2. AB2020-164 Ordinance closing the Lighthouse Marine Park Improvement Fund 362 Whatcom County Page 2 Printed on 211012025 Council Meeting Agenda April 7, 2020 3. AB2020-168 Ordinance amending the Whatcom County 2020 Budget, Request No. 10, in the amount of $3,000,000 ITEM ADDED 4.6.2020 4. AB2020-169 Ordinance authorizing an interfund loan to finance cash flow for COVID-19 emergency response ITEM ADDED 4.6.2020 5. AB2020-173 Ordinance establishing a process for information to be disclosed to the Division of Emergency Management, the County Executive, the County Health Board and the public during a public health emergency ITEM ADDED 4.7.2020 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN Whatcom County Page 3 Printed on 211012025 • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2020-116 File ID: AB2020-116 Version: 1 Status: Discussed File Created: 02/26/2020 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Report Assigned to: Council Final Action: 05/05/2020 Agenda Date: 05/05/2020 Enactment #: Primary Contact Email: TITLE FOR AGENDA ITEM: Update on COVID-19 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Update on COVID-19 HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: 03/10/2020 Council as the Health Board (Special) DISCUSSED 03/12/2020 Council as the Health Board (Special) DISCUSSED 03/17/2020 Council as the Health Board (Special) DISCUSSED 03/19/2020 Council as the Health Board (Special) DISCUSSED 03/26/2020 Council (Special) DISCUSSED 03/31/2020 Council (Special) DISCUSSED 04/03/2020 Council (Special) DISCUSSED 04/07/2020 Council DISCUSSED 04/21/2020 Council DISCUSSED 05/05/2020 Council DISCUSSED Sent To: Attachments: Handout -Tyler Schroeder Spec Health Board-3.10.2020, Handout -Tammy Axlund-Health Dept 3.10.2020, Handout -Health Dept 3.12.2020, Handout -Cathy Halka-Spec Health Board 3.12.2020, Whatcom County Page 1 Printed on 211012025 Agenda Bill Master Report Continued (AB2020-116) Handout-Rud Brown -Spec Health Board 3.12.2020, Handout -Ben Elenbaas-Spec Health Board-3.12.2020, Executive Order Courthouse Operations 3.16.2020 Whatcom County Page 2 Printed on 211012025 WHATCOM COUNTY a s t � � 51'10117i,,? c, PROCLAMATION OF EMERGENCY,,,,,..,_,, ,..� WHEREAS, the Whatcom County Health Department and the Whatcom County Sheriff's Office °t Division of Emergency Management has reported to the Whatcom County Executive, beginning January 21, 2020, that operations and planning for the expanding outbreak of COVID-19 is occurring in Whatcom County, and, WHEREAS, this incident is a threat to life and public health, and demands immediate action, and, WHEREAS, persons and public health will be at risk of a massive breakout that requires further efforts be taken to expand operations and planning actions to reduce the threat to life and public health, and WHEREAS, this constitutes an emergency as defined by the Whatcom County Comprehensive Emergency Management Plan and necessitates the utilization of powers granted pursuant to the Whatcom County Charter and RCW 38.52.070(2); therefore, BE IT PROCLAIMED BY THE WHATCOM COUNTY EXECUTIVE that an emergency exists in Whatcom County; therefore, Whatcom County departments are authorized to do the following: (1) Enter into contracts and incur obligations necessary to combat such emergency situations to protect the health and safety of persons; and, (2) Provide appropriate emergency assistance to the victims of such disaster; and, (3) Other actions, as deemed appropriate by the Health Officer and the Director of Emergency Management or his designee. Each Whatcom County department is authorized to exercise the powers vested under this proclamation in the light of the exigencies of an extreme emergency situation without regard to time- consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements). This Proclamation shall remain in effect until the issuance of a Termination Proclamation by the Whatcom County Executive. Dated this 1 Ot" day of March 2020. Satpal Singh Adhu, Whatcom County Executive Recommended by: E0 t Sheriff Bill Elfo Director of Emergency Management Approved as to Form: Deputy Prosecuting Attorney FRI, UNIDEP, AD DATE RECENED: =ALL COIJIMO. mummc, (D n rD 0 _0 rD O Ln 0 c (D (D (D cm Ln (D r o rD ID n 00 ❑ rD CL rD 0 3 r) 3 0 w = 3 0-a 3 0 O2. 0 cr L/I V) rD rD N (D -0 R C: -a 0 :z r) O. rD w Z, CL 0 m rD EL > K S = r) 0 0- 0 rD. rD 3 _0 ­7 I-- rD cm fD 'a n f4 W (GOM CO A * COUNTY �Z,P Gy1 HEALTH DEPARTMENT �LgsyIN�' Whatcom County Health Board, o GREG STERN, M.D., HEALTH OFFICER March 12, 2020 We recognize that each of you have many questions and concerns related to the COVID-19 outbreak, which just yesterday was officially declared a pandemic by the World Health Organization. We want to assure you that our goal is to provide all our constituents — including each of you — with accurate information and guidance in as timely a manner as possible. We also see you as incredibly important partners as we respond to this crisis. With this rapidly evolving situation comes rapidly evolving information and guidance. As we collectively learn more about the virus and how it spreads, our federal and state guidance continues to be modified, resulting in frequently changing directives to our own local health jurisdiction. These continuous changes then require additional communication and coordination with our local healthcare partners, as well as revising and updating our public messages and our recommendations to local stakeholders such as schools, businesses, community groups, and many others. As a result we are not always able to answer questions and inquiries as quickly as we would during normal day to day operations. We know you all are receiving numerous calls, questions, concerns and even suggestions related to COVID-19 and we want you to have the information you need to answer them. We, too, are receiving a high volume of calls. In addition to increased call volumes to and from our healthcare providers by our Public Health Nurses related to COVID-19 testing and surveillance, our call volume from the general public is also currently three times the normal amount. Our dedicated team of Public Information Officers is also monitoring social media, handling press inquiries, and ensuring our public communications align with the most current federal, state and local recommendations. In addition, a team of Liaison Officers are continuously communicating with schools, civics organizations, partner agencies, non -profits and others to field questions and resource requests. All of this information helps inform our overall situational awareness, and development and prioritization of response strategies. We would like to develop a plan that efficiently gets you the information you need to be informed communicators about this crisis as well as informed decision -makers taking into account the high demands currently on the agencies responding to this crisis. We are now preparing to enter into Unified Command. We are requesting that as the Health Board you develop a method to consolidate your information requests and send them to the Executive's Office no more than once per day. The Executive Office will then determine which departments or branches of Incident Command need to respond and gather the information for you. Having a more standardized and consistent process of receiving strategic recommendations — as well as any general questions — will help enable our Incident Management Team to better incorporate this information into the ongoing strategic and tactical incident planning processes, and reduce staff time spent responding to individual questions and requests. We share the same goal of responding to this public health crisis in a way that best serves all Whatcom County residents. We look forward to developing a clearer information exchange plan to help us achieve this goal. r�� Whatcom County S09 GIRARD STREET BELLINGHAM, WA 98225.4005 „® 0 1500 NORTH STATE STREET BELLINGHAM, WA 98225.4551 360.778.6000 1 FAXHEALTH 360.778.6100 1 FAX 360.778.6101 360.778.6001 0;OMCOUNTYHEALTH Department WWw WHATCOMCOUNTY.US/HEALTH HATCOMCOHEALTH COMMAND STRUCTURE Have we moved to Unified Command? We assess the command structure daily during coordination calls with incident support agencies such as Fire, EMS, Healthcare, and Emergency Management. And are now moving toward Unified Command structure. PERSONAL PROTECTIVE EQUIPMENT (PPE) What is the timeline and availability of cleaning supplies and PPE? The COVID-19 pandemic has significantly impacted the availability of PPE not only locally, but across our state, nation, and around the globe. We are working with healthcare partners to source products locally if available, and we already have started supplying local skilled nursing facilities with stock from our limited pandemic response reserves. We continue to process all healthcare resource requests to the State Emergency Management Division through the Whatcom County Sheriffs Office — Division of Emergency Management, and we are also working diligently to access supplies from the Strategic National Stockpile. TESTING URVEIL %ICE Have we established requirements of all healthcare providers to submit patient information for any potential case and to report all COVID-19 tests to the Health Department immediately? In general, providers are not required to report they are testing a person, however we ask that they notify us of patients being tested who are hospitalized or have contact with a confirmed case, and not wait for the lab confirmation. Our role is to support individual health care providers in providing the best clinical care to their individual patients while also strategically using testing information for our surveillance activities. Have we established a requirement to immediately submit test results of any known case to the Health Department? All lab -confirmed COVID-19 infections are reported to DOH, CDC, and local health departments, whether tested through public health labs or commercial labs. SCHOOLS Are we going to close schools? While we are not recommending targeted or widespread closures at that time, some districts have made the decision to close schools temporarily, either for a few days to do a deep clean or for a longer duration. Closures can be effective in reducing the spread of disease. However, how effective a closure will be must be weighed against the impacts it causes. School closures or dismissals have wide -reaching impacts in the community. When schools close, education is disrupted. For example, when we think about closing schools, we need to consider the downstream effects, such as: • Parents and caregivers who need to find care for their children who are now not at school. • Children and their families who regularly depend on school breakfasts and lunches as a reliable source of food. • Employers who could lose productivity or have to limit their services because parents or caregivers may need to stay home to care for their children. • Decreased staffing for healthcare and other critical services if parents have to choose between going to work and caring for their school children. We defer to school districts on their plans for continuity of education. We know that school closures may become necessary as part of this response effort, and we encourage districts to plan for alternative learning options. Schools should also consider ways to reduce inequitable impacts of school closures. We are in communication with school districts in Whatcom County about these difficult decisions. We know that the leaders in our school districts are our best partners in deciding the right next steps for their schools because they know the needs of their school communities well. WHATCOM COUNTY Kathleen Roy, Assistant Director Health Department Greg Stern, M.D., Health Officer 11-6 i r FOR IMMEDIATE RELEASE b�v,M CoA, March 10, 2020 p Media Contact: Melissa Morin, Communications Specialist Phone: (360) 778-6022; (360) 594-2504 E-mail address: health-pioawhatcomcounty.us; mmorinRwhatcomcounty.us Declaration of Emergency and New Recommendations to the Public BELLINGHAM, WA - Today, Satpal Sidhu, the Whatcom County Executive, in coordination with the Whatcom County Health Board, declared a Whatcom County public health emergency to reduce the spread of novel coronavirus (COVID-19) in our community. In response to the rapidly evolving situation in Whatcom County, Dr. Greg Stern, Whatcom County Health Officer, has also issued new recommendations to slow the spread of the novel coronavirus COVID-19. Declaring an emergency facilitates coordination with local and statewide partners and is a reflection of our continued commitment to ensure a comprehensive Whatcom County response to this outbreak. "This declaration is a step up and a step forward in our preparation to meet the challenges presented by COVID-19. It elevates the level of readiness of our public health infrastructure," said County Executive Satpal Sidhu. "Our message to the public is simple: plan and prepare, but don't panic. By following the advice of experts, you can help protect your family, friends, co-workers and our community at large." New Recommendations for Community -Wide Action The new recommendations announced today are based on the increasing risk of spread of the disease in our area and are aligned with similar recommendations from other local health departments in our region. These are proactive steps we can all take to protect ourselves, our families and our community. "We know that this is a difficult time for our community and these recommendations will significantly impact our daily lives," said Dr. Stern. "The decision to make these recommendations was made based on the best public health science, which tells us that these actions are needed to reduce further transmission of disease in our area." The Whatcom County Health Department is now making the following recommendations: People at higher risk of severe illness should stay home and away from large groups of people as much as possible, including public places with lots of people and large gatherings where there will be close contact with others. This includes concert venues, conventions, sporting events, and crowded social gatherings. People at higher risk include people: o Over 60 years of age. o With underlying health conditions including heart disease, lung disease, or diabetes. o With weakened immune systems. o Who are pregnant. S09 Girard Street vv hat'Corn County Bellingham, WA 98225-4005 � � � �� �1� � 1500 North State Street Bellingham, WA 98225-4551 360.778.6000 1 FAX 360.778.6001 WhatcomCountyHealth 360,778.6100 1 FAX 360.778.6101 V WhatcomCoHealth ,.,::.' D e p a r t m e n t www.whatcomcounty.us/health WHATCOM COUNTY Kathleen Roy, Assistant Director Health Department Greg Stern, M.D., Health Officer • The community should cancel or postpone non -essential large public gatherings. If you can feasibly avoid bringing large groups of people together, we recommend postponing or canceling events and gatherings. We are loosely defining large gatherings as 10-50 people or more. • Workplaces and businesses are encouraged to provide options for their employees to work from home if possible. If they cannot work from home, employees should minimize their interaction with large groups of people. We are not recommending school closures at this time, but school districts may make the decision to close schools. We support them with information and guidance. o While we are not recommending targeted or widespread closures at that time, individual districts make the decision to close schools as the situation evolves. o Closures can be effective in reducing the spread of disease. However, how effective a closure will be needs to be weighed against the impacts it causes. School closures or dismissals have wide -reaching impacts in the community, and we understand that decisions to close schools must be weighed carefully. Whatcom County is asking that everyone in our community do their part to help reduce the spread of COVID-19. Actions you can take include: • Stay home when you are sick. o If you have symptoms of a respiratory illness and must go out in public, wear a mask. People who are sick with respiratory symptoms, like a cough or sneezing, should wear a mask in public places to prevent the spread of illnesses to others in the area. • Do not go to emergency rooms or urgent care clinics if your illness is mild and can be managed at home. These facilities need to have the ability to serve those who are in most critical need. We also want to limit unnecessary visits to protect health care providers and other patients from catching infections. • Even if you are feeling well, avoid visiting hospitals, long-term care facilities or nursing homes. If it is necessary to visit someone there, check on the facility's rules for visitors before showing up, limit your time there, and stay at least 6 feet away from patients at all times. • People who are sick with cough and fever should not attend work until 72 hours after fever has resolved or seven (7) days after the illness began, whichever is longer. We urge employers to maximize flexibility in sick leave benefits to accommodate these measures. Additional details will be available on the Whatcom County Health Department's website at https://www.whatcomcounty.us/covid. ### 509 Girard Street Whatcom County Bellingham, WA 98225-4005 360.7 6WhatoAmCouO.778.6001 EALT 1500 North State Street ham, WA 98225-4551 ntyHealtth 360.778.E00 AX 360.778.6101 V WhatcomCoHealth4,IfLD Department www.whatcomcounty.us/health ,�p0�1 CC �9`4MIN�{�r How can I stay informed about coronavirus? The Whatcom County Health Department is the lead agency for the COVID-19 event. Their website is updated every day at noon. They are constantly monitoring State Department of Health and the Centers for Disease Control and Prevention information to update messages. Here is the link to Frequently Asked Questions. How can I avoid getting the coronavirus? Here are recommended everyday preventative actions: • Cover your mouth and nose when coughing or sneezing. Wash your hands often with soap and water for at least 20 seconds or alcohol -based sanitizer if soap and water are not available. • Keep a ready supply of tissues and alcohol -based wipes and dispose immediately after use. • Avoid touching your eyes, nose or mouth. • Routinely clean frequently touched objects and surfaces (doorknobs, keyboards, and phones). Facilities is cleaning frequently visited and public areas of County buildings daily. • Avoid close contact with people who are sick (within six feet). • Maintain at least three feet between yourself and someone who is coughing or sneezing. Consider nodding your head or bumping elbows instead of shaking hands. What should I do if I have symptoms that may be COVID-19? Call your doctor before visiting in person. Also, consider using the 24/7 "telehealth" services available through County medical plans: Teamster Plan B Nurse Line 1 (855) 784-4561 Teamster Plan B Virtual Care teladoc.com/Premera OR 1 (855) 332-4059 HMA All Plans MDLIVE Telehealth https://members.mdlive.com/hma/landing home All copays and/or deductibles for COVID-19 lab testing will be waived and covered at 100%. How do I get paid during absence due to illness? You can use sick leave for your own illness and to care for a covered family member. The State's Paid Family Medical Leave (PFML) may also provide monetary benefits. Your HR Rep can help you consider options. What happens if my child's school or day care facility is closed for public health reasons? You can use sick leave to cover your absence. How are we preparing for the possibility of limited County operations? Leaders are working on "continuity of operations" plans and ways to maintain services with fewer in -person visits. Are there alternate ways of working if I have to stay home? Most Countyjobs are public-service oriented with essentials tasks that can't be performed from home, however we are exploring Cloud -based technology and video conferencing as tools for some remote work assignments. What other resources might be available to employees through the State of Washington? Although we are not yet at this point, the State has adoptTd emergency rules for temporary shut -downs, isolation, and quarantine for workers and businesses. Cora navirus (COVID-19) FAQs for Employees —Human Resources (HR) March 10, 2020 3aP�GGM cG`2< COVID-19 STRATEGIES FOR WHATCOM COUNTY `yA$MING�Ga� 1. Encourage employees to use 24/7 Telehealth tools if they or a family member experience acute respiratory illness symptoms (cough, shortness of breath). • Teamster Plan B Nurse Line 1 (855) 784-4561 • Teamster Plan B Virtual Care teladoc.com/Premera OR 1 (855) 332-4059 • HMA All Plans MDLIVE Telehealth https:Hmembers.mdlive.com/hma/landing home 2. Encourage employees to stay informed and seek support. The Whatcom County Health Department is the lead agency for the COVID-19 event. Their website is updated every day at noon. KEPRO, the County's employee assistance program (EAP) is a valuable resource. Log onto EAPHelplink.com and enter company code (WHATCOM) for articles and credible news sources about the Coronavirus and tips for coping with feelings or emotions. 3. Actively encourage sick employees to stay home. • Employees should notify their supervisor and stay home if they are sick. • Employees can use sick leave accruals for their own and for a family member's illness. The State's Paid Family Medical Leave (PFML) may also provide monetary benefits. This program is very new, so there are still questions. If employees run out accrued leave, they can request leave donations. 4. Anticipate absences and talk with each employee (Supervisor/Employee Discussion Tool). Review current leave balances (sick leave, comp time, vacation). Explore opportunities for cross -training to cover essential department functions. Due to the nature of our work, most County jobs have limited options for working off -site. Explore any essential tasks that might be temporarily performed off -site. 5. Perform routine facility environmental cleaning. • Identify all frequently touched surfaces in the workplace, such as workstations, countertops, and doorknobs and clean these areas with cleaning agents and disinfectants normally used. • Facilities will provide additional cleaning daily for all frequently visited and public areas. 6. Offer only solutions within current policies and resources. Supervisors can help set the stage for calm and measured approaches. We can plan, not panic. 7. Update your department / division Continuity of Operations Plans. Emergency Management has sample plans and is reaching out to help leaders with this work. 8. Encourage employees to bring you their concerns. The Health Department and the County Administration are working hard to address questions as we can and to plan the County' response to a Coronavirus pandemic. No one has all the answers yet on this emerging situation. Supervisors can reach out to Human Resources for support and information. 3/11 /2020 Preparing for an Outbreak of Novel Coronavirus (COVID-19) Supervisor / Employee Discussion Tool SICK i_EAllE PQLICY :Ab13940pZ `.......u.., Accrued sick leave can cover absences for: • Employee's illness (mental or physical), injury, or health condition, and for preventive care. • Employee's care for a family member's illness (mental or physical), injury, or health condition, and for preventive care. • Public health closures of County facilities or a dependent's school or care facility. What is the employee's current sick leave balance? For low sick balances and/or leave requests for "social distancing:" Current comp time balance? Current vacation leave balance? C©Y�Ri,NG FC)R ABSENCES , .CR05S TRA�N,lN,�7 CfESK=MANUALS? ,OTHER? ' This will be different for every position, but what tools, training, or information would help someone else step in to cover their work if the employee is absent? 7E,LEWt3,RK? Due to the nature of public service work, most County jobs have limited options to work off -site. It would be helpful now to talk about these. • Are there essential tasks in the job that might be temporarily performed off -site? If so, what cloud -based tools could the employee use remotely? (For example, email, voicemail, County website, InsideWhatcom, etc.) Please send questions to HR(�-)co.whatcornma.us. C:\USERS\CHALKA\APPDATA\LOCAL\MICROSOFT\W INDOWS\INETCACHE\CONTENT.OUTLOOK\71ZMZAZ2\SUPERVISOR_EMPLOYEE DISCUSSION TOOL.DOCX 3/11/2020 2 Worker is severely ill with COVID-19. Worker is caring for sick family member. � �choals qye closed by a �ublrit _' > � ofitt�al b'etatise of COYID 19 aad�+t►r�er has no chlldcaXe._ Worker is immune -compromised and advised to self-quorantine. Employer must shut down due to a quarantine by a public official. (1) Employer reduces available hours due to business slowdown or lack of demand. k 1°2 Health care workers and first responder are under quarantine. Employment The Employment Security Department is an equal opportunity employer/ YES Security program. Auxiliary aids and services are available upon request to individuals NO Department with disabilities. Language assistance services for limited English proficient WASHINGTON STATE individuals are available free of charge. Washington Relay Service: 71 1 (MAYBE (mse by (ase) UPDATED: 03.11.20 - 12:00 p.m. Centers for Disease Control and Prevention 11,111TOCDC 2417: Saving Lives, Protecting PeopleTM Coronavirus Disease 2019 (COVID-19) Checklist for Community and Faith Leaders Community- and faith -based organizations are encouraged to prepare for the possibility of a coronavirus disease 2019 (COVID-19) outbreak in their communities. Use this checklist to protect the health of those you serve and staff in your care. Plan and Prepare Update your emergency operations plan with the help of your local public health department, emergency operations coordinator or planning team, and other relevant partners to include COVID-19 planning. Identify space that can be used to separate sick people if needed. Develop an emergency communication plan for distributing timely and accurate information to workers and those you serve. Identify actions to take if you need to temporarily postpone or cancel events, programs, and services, especially for groups at greater risk such as older adults or people with chronic health conditions. Promote the practice of everyday preventative actions. • Frequently wash hands with soap and water for at least 20 seconds. If soap and water are not readily available use hand sanitizer with at least 60% alcohol. • Cover coughs and sneezes with a tissue or use the inside of your elbow. • Clean frequently touched objects and surfaces. • Stay home when sick. Provide COVID-19 prevention supplies at your organization (e.g., soap, hand sanitizer that contains at least 60% alcohol, tissues, trash baskets, and a couple of disposable facemasks, just in case someone becomes sick during an event). Plan for staff absences by developing flexible attendance and sick -leave policies, plan for alternative coverage, and monitor and track COVID-19 related staff absences. Engage with stigmatized groups and speak out against negative behaviors to help counter stigma and discrimination. Take Action If there is COVID-19 in your community: Stay informed about local COVID-19 information and updates. Put your emergency operations and communication plans into action. Communicate with your community members if events and services are changed, postponed, or cancelled. Emphasize everyday preventive actions through intensified communications with employees and visitors to your organization. • Stay home when sick. • Cover coughs and sneezes with a tissue or use the inside of your elbow. Wash hands often. Limit close contact with others as much as possible (about 6 feet). During an event, if someone becomes sick separate them into an isolated room and ask them to leave as soon as possible. Page last reviewed: March 6, 2020 Content source: National Center for Immunization and Respiratory Diseases (NORD), Division of Viral Diseases IOHealth Washington State Department of Thank you for coming to visit today. As you may know, the world is experiencing an expanding outbreak of respiratory illness (COVID-19) caused by a new coronavirus. The virus can spread from person -to -person. Older adults and those with underlying medical conditions are especially at risk. We take our role in protecting the health of our residents very seriously. Before entering our facility, we respectfully ask all visitors confirm: ❑ You are not currently sick. ❑ You have not travelled to an area of the world with an active COVID-19 outbreak within the last 14 days. ❑ You have not be in close proximity with someone who is currently sick with the COVID-19 or any other respiratory illness within the last 14 days. We are taking extra measures to keep our facility clean. During your time here today, we respectfully ask that you: ❑ Wash your hands or use provided sanitizer often. ❑ Disinfect all shared surfaces before and after use. ❑ Please reach out to a staff member if you have any questions or concerns. Thank you! Updated 3/3/2020 Wash your hands often. Call ahead before visiting your doctor. Clean all "high -touch" surfaces daily. Cover your coughs & sneezes. Stay home when sick. Ifyou havesevere symptoms that need medical attention, calltheclinic before going in. first. Do not go to the emergency room. Emergency rooms need to be able to serve those with the most critical needs. • If you have traveled, make sure to tell your doctor about it. • Healthcare providers are working with local public health departments and CDC to determine who needs to be tested for COVI D-19. (www.cdc.gov/coronavirus/2019-ncov/ about/steps-when-sick.htmi) For more information: The Washington State Department of Health has established a call center to address questions f rom the public. If you have questions about what is happening in Washington, how the virus is spread, and what to do if you have symptoms, please call 1-800-525-0127 and press #. coronavirus) 2 3s ; IN0.10r W mhinge l tton A* 1'Jurtment of Hr ' a 1� .� h Updated 3/4/2020 Novel Coronavirus ( - Guidance for Events and Public Gatherings Washington State is seeing an increased number of cases of COVID-19. We currently don't know what the impact will be statewide. However, state agencies, LHJs, and tribal nations can take steps to help mitigate and contain the spread of COVID-19. Events and public gatherings, such as concerts, festivals, sporting events, and religious gatherings create environments where a virus can spread quickly among event workers, participants, and attendees. Depending on the phase of the outbreak in your area, you may need to modify, postpone, or cancel large events. This packet includes the information you need to help prevent the spread of COVID-19 at large events. FOR ALL WASHINGTON STATE AGENCIES Be aware of large events happening in your buildings. Check with appropriate staff about planned training, conferences, and other gatherings happening in your buildings. Ask how many people are expected to attend, review guidance in Thresholds 1 through 3 (TH1-3) to assist in preparation and decision -making for canceling events (Pages 3 —10). FOR LOCAL HEALTH JURISDICTIONS Be aware of large events happening in your jurisdiction. You will find a list of some events planned for this month included in this packet. This list is from the Washington State Fusion Center �WSFC), a partnership between federal government and state, local, tribal, and territorial (SLTT), and private sector partners to share threat -related information. (Note: The list of events is not for public dissemination. It is not an all-inclusive list. It lists events that have been reported to WSFC or events that WSFC analysts have located.) This list is broken out into 9 regions. Some events have special event threat assessments, showing a map of the event, critical infrastructure, and previous event issues. The current month does not have numbers of attendees, but future months will. If you want to know the expected numbers of attendees for this month's events, you can contact WSFC. We recommend reaching out to event organizers with the TH1-3 guidance provided. Health officers at the local level and state level have the authority to recommend the voluntary cancelation of events or cancel events themselves. See Intervention 10: Recommend or Order Cancellation of Major Public and Large Private Gatherings (Pages 11-14). To request this document in another format, call 1-800-525-0127. Deaf or hard of hearing customers, please call 711 (Washington Relay) or email civil.rights@doh.wa.gov. Recommendations for Events and Public Gatherings: 3/4/2020 Risk Thresholds Depending on the level of risk (or threshold), we recommend different strategies for events. Please provide relevant information to event organizers and other partners, as needed. (See related pages.) Low Risk -Threshold 1(TH1): Unmitigated or uncontained community transmission is occurring elsewhere but there may not be evidence of significant community transmission in WA yet. In such a circumstance, authorities should consider initiating minimally restrictive, or burdensome, but effective mitigation measures. Moderate risk - Threshold 2 (TH2): There is evidence that unmitigated or uncontained community transmission of the disease is occurring in 2 large jurisdictions within the state. High Risk - Threshold 3 (TH3): Widespread community transmission of disease within Washington State. Detailed guidance on TH1-3 begins on the next page. These pages are written for use by the event organizers and venues feel free to send them the information to follow. Recommendations for Events and Public Gatherings: 3/4/2020 I p - 19 Mass Gathering Guidance: Low Risk -Threshold I Washington State is seeing an increased number of cases of COVID-19. We currently don't know what the impact will be statewide. As an event planner, you can take steps to help mitigate and contain the spread of COVID-19. Events or large gatherings, such as concerts, festivals, sporting events, and religious gatherings create environments where a virus can spread quickly among event workers, participants, and attendees. Depending on the phase of the outbreak in your area, you may need to modify, postpone, or cancel your event(s). Low Risk -Threshold I Definition Unmitigated or uncontained community transmission is occurring elsewhere but there may not be evidence of significant community transmission in your area yet. In such a circumstance, authorities should consider initiating minimally restrictive, or burdensome, but effective mitigation measures. You have an evert coming up. What should you do first? 1. Develop a communication plan for sharing information with staff and attendees. (See below for guidance.) 2. Identify strategies to increase space or limit contact between attendees at your event during a disease outbreak. For example, modify seating arrangements to increase space between attendees, find a larger venue, stagger event schedules, and discourage attendees from crowding around bathrooms and food stations. 3. Plan ways to care for attendees and staff who get sick during an event and to separate them from attendees and staff who are well. 4. Have supplies on hand for workers and attendees, such as soap, hand sanitizer with at least 60% alcohol, tissues, trash baskets, and disposable facemasks. Disposable facemasks should be provided if someone appears to be sick at your event. 5. Explore alternative site design and set-up, such as: o Prop doors open to avoid touching (May need to consider additional security.) o Increase ventilation within the facility o Increase the number of hygiene stations, including hand sanitizer stations 6. Connect with your local public health department to review or develop your plan for your event or gathering. 7. Consider sick leave policies for staff. Plan for alternative coverage of job duties as needed. 8. Identify ways to reach staff and attendees with information about the event and risks of attendance (for example, web -based broadcasts, email, television, or radio). Recommendafions for Events and Public Gatherings: 3/4/2020 9. Evaluate your reimbursement policies Communicate with event staff prior to the events • Staff should take the following precautions to prevent possible transmission before, during, and after the event: • Wash hands often with soap and water or use alcohol -based hand sanitizer. • Cough and sneeze into the elbow or into a tissue. Throw away the tissue immediately after use and wash hands. • Practice social distancing. Stay six or more feet away from people. • Frequently clean and disinfect surfaces in your home and workplaces. • Encourage staff to remain home if they are sick with cough, sneezing and/or fever. Inform them about sick leave policies and/or the ability to work from home, if possible. • Inform them of your plans for communicating with attendees. • Provide them with information on any venue and process changes that will help mitigate the spread of illness. • Training on how to address obviously ill attendees, such as respectfully asking them to leave the facility or wear a mask. • Setting up barriers between staff and attendees. For example, placing tables or other barriers between staff and attendees to keep a six-foot distance. If that isn't possible, staff should stand to the side of traffic flow. • Encourage staff to clean and disinfect frequently touched surfaces and objects often (doorknobs, countertops, etc.). Communicate with attendees prior to the event. • Provide a brief description of the current status of COVID-19 in your area. (See Washington_ State Department of Health's 2019 Novel Coronavirus Outbreak for the latest information.) • Encourage those in a higher -risk group not to attend your event. People over 60, those who are immune -compromised, and/or those with underlying chronic medical conditions are at higher risk of having serious complications from COVID-19. • Recommend that attendees stay home if you are sick with cough, sneezing and/or fever. • For those who still plan to attend, recommend that they can take the following precautions to prevent possible transmission before, during, and after the event: 1. Wash hands often with soap and water or use alcohol -based hand sanitizer. 2. Cough and sneeze into the elbow or into a tissue. Throw away the tissue immediately after use and wash hands. 3. Practice social distancing. Stay 6 or more feet away from people. 4. Frequently clean and disinfect surfaces in your home and workplaces. • Give attendees clear information about what your organization or venue plans to do to protect them during the event. (See guidance below.) Recommendations for Events and Public Gatherings: 3/4/202.0 Identify and address potential language, cultural, and disability barriers in your communications. The information you share should be easy to understand and accessible to all attendees. learn more about reaching people of diverse languages and cultures by visiting: www.cdc.Rov/healthcommunication/Audience/index.html. Protect attendees and reduce spread by building disease prevention measures in -to your event planning. • Identify strategies to increase space or limit contact between attendees during a disease outbreak. For example, modify seating arrangements to increase space between attendees, find a larger venue, stagger event schedules, and discourage attendees from crowding around bathrooms and food stations. • Plan ways to care for attendees and staff who get sick during an event and to separate them from attendees and staff who are well. • Have supplies on hand for workers and attendees, such as soap, hand sanitizer with at least 60% alcohol, tissues, trash baskets, and disposable facemasks. Disposable facemasks should be provided if someone appears to be sick at your event. • Explore alternative site design and set-up, such as: o Prop doors open to avoid touching (May need to consider additional security.) o Increase ventilation within the facility o Increase the number of hygiene stations, including hand sanitizer stations • Clean frequently touched surfaces such as handrails and countertops with disinfectant cleaners often during the event. o You can use a bleach -and -water solution or disinfectant with a label that says "EPA approved" for killing viruses and bacteria. Always follow directions on product labels. • Increase ventilation within the facility. • Post signs sharing how attendees can protect themselves and others at your venue. Consider posting signs at entrances and in bathrooms. o DOH Coronavirus Factsheet o Slow the Spread of Germs Poster CDC (pdf) ■ Spanish Version CDC (pdf) o CDC Handwashing Posters Recommendations for Events and Public Gatherings: 3/4/2020 Mass Gathering Guidance: ModerateRisk- Threshold Washington State is seeing an increased number of cases of COVID-19. We currently don't know what the impact will be statewide. As an event planner, you can take steps to help mitigate and contain the spread of COVID-19. Events or large gatherings, such as concerts, festivals, sporting events, and religious gatherings create environments where a virus can spread quickly among event workers, participants, and attendees. Depending on the phase of the outbreak in your area, you may need to modify, postpone, or cancel your event(s). Moderate isk- ' r l Definition There is evidence that unmitigated or uncontained community transmission of the disease is occurring in two large jurisdictions within the state. You have an event coning up, What should you o Consider canceling or rescheduling your event if it is located within an area that has community transmission of disease or if a large number of attendees are anticipated to come from these impacted areas. Community transmission means that illness is spreading between people in the community and it is unclear who might be contagious. Consider alternative attendance such as web -based, televised only, remote attendance options. If you determine to hold the event, be aware that the health officer may determine the risk is too high and may order the event canceled. Considerations for canceling/rescheduling the event • What does your Local Health Officer recommend? • Do you have enough staff to operate your event? o Have you addressed staffing fears? o Is a high volume of your staff out sick? o Do you have access to surge staffing or have you developed surge staffing plans? • Can you provide for the safety of all attendees? o Do you have hygiene stations for handwashing? o Do you have appropriate space for allowing 6 feet distancing between attendees? o Do you have processes in place to exclude sick attendees? • Is the event indoors or outdoors? o Outdoor venues have better air circulation and permit more distance between people than indoor environments. 0 Are attendees predominantly from vulnerable groups? Recomrnendations for Events and Public Gatherings: 3/4/2020 o Over 60 years old, those who are immune -compromised, those with underlying chronic health conditions. • Can you use increased medical surveillance of attendees? o Non-invasive monitoring o Trained medical staff onsite o Separate room for evaluating potentially ill persons • Are there alternatives to holding the event? o Teleconference o Online o other If you cancel the event: • Consider alternatives to holding your event. o Web -based attendance o Televised only (no audience) o Other remote attendance options o Reschedule the event • Communicate to your staff and attendees that the event is canceled and why. • Consider how you might reimburse attendees. It the event is permitted to continue, consider the following steps: 1. Develop a communication plan for sharing information with staff and attendees. (See below for guidance.) 2. Connect with your local public health department to review or develop your plan for your event or gathering. 3. Consider flexible attendance and sick leave policies for staff. Plan for alternative coverage of job duties as needed. (Alert the local health department if there are large increases in absenteeism due to symptoms like those accompanying COVID-19.) 4. Identify ways to reach staff and attendees with information about the event and risks of attendance (for example, web -based broadcasts, email, television, or radio). 5. Evaluate your reimbursement policies. Communicate with event staff prior to the event. • Staff should take the following precautions to prevent possible transmission before, during, and after the event: • Wash hands often with soap and water or use alcohol -based hand sanitizer. • Cough and sneeze into the elbow or into a tissue. Throw away the tissue immediately after use and wash hands. • Practice social distancing. Stay six or more feet away from people. • Frequently clean and disinfect surfaces in your home and workplaces. • Encourage staff to remain home if they are sick with cough, sneezing and/or fever. Inform them about sick leave policies and/or the ability to work from home, if possible. Recommendations for Events and Public Gatherings: 3/4/2020 • Inform them of your plans for communicating with attendees Provide them with information on any venue and process changes that will help mitigate the spread of illness. • Training on how to address obviously ill attendees, such as respectfully asking them to leave the facility. • Setting up barriers between staff and attendees. For example, placing tables or other barriers between staff and attendees to keep a six-foot distance. If that isn't possible, staff should stand to the side of traffic flow. • Encourage staff to clean and disinfect frequently touched surfaces and objects often. Communicate with attendees prior to the event. • Provide a brief description of the current status of COVID-19 in your area. (See Washington State Department of Health's 2019 Novel Coronavirus Outbreak for the latest information.) • Encourage those in a higher -risk group not to attend your event. People over 60, those who are immune -compromised, and/or those with underlying chronic medical conditions are at higher risk of having serious complications from COVID-19. • Recommend that attendees stay home if you are sick with cough, sneezing and/or fever. • For those who still plan to attend, recommend that they can take the following precautions to prevent possible transmission before, during, and after the event: 1. Wash hands often with soap and water or use alcohol -based hand sanitizer. 2. Cough and sneeze into the elbow or into a tissue. Throw away the tissue immediately after use and wash hands. 3. Practice social distancing. Stay 6 or more feet away from people. 4. Frequently clean and disinfect surfaces in your home and workplaces. • Give attendees clear information about what your organization or venue plans to do to protect them. (See guidance below.) Identify and address potential language, cultural, and disability barriers in your communications. The information you share should be easy to understand and accessible to all attendees. Learn more about reaching people of diverse languages and cultures by visiting: www.cdc.gov/healthcommunication/Audience/index.html. Protect attendees and reduce spread by building disease prevention measures into your agent planning, • Identify strategies to increase space or limit contact between attendees during a flu pandemic. For example, modify seating arrangements to increase space between attendees, find a larger venue, stagger event schedules, and discourage attendees from crowding around bathrooms and food stations. Recomr-nendations for Events and Public Gatherings: 3/4/2.020 • Plan ways to care for attendees and staff who get sick during an event and to separate them from attendees and staff who are well. • Have supplies on hand for workers and attendees, such as soap, hand sanitizer with at least 60% alcohol, tissues, and trash baskets. • Explore alternative site design and set-up, such as: o Prop doors open to avoid touching (May need to consider additional security.) o Increase ventilation within the facility o Increase the number of hygiene stations, including hand sanitizer stations • Clean frequently touched surfaces such as handrails and countertops with disinfectant cleaners often during the event. • Increase ventilation within the facility. • Post signs sharing how attendees can protect themselves and others at your venue. Consider posting signs at entrances and in bathrooms. o DOH Coronavirus Factsheet o Slow the Spread of Germs Poster CDC (pdf) ■ Spanish Version CDC (pdf) o CDC Handwashin Posters Recommendations for Events and Public Gatherings: 3/4/2020 19 Mass Gathering Guid n; High Risk -Threshold Washington State is seeing an increased number of cases of COVID-19. We currently don't know what the impact will be statewide. As an event planner, you can take steps to help mitigate and contain the spread of COVID-19. Events or large gatherings, such as concerts, festivals, sporting events, and religious gatherings create environments where a virus can spread quickly among event workers and attendees. Depending on the phase of the outbreak in your area, you may need to modify, postpone, or cancel your event(s). High Risk -Threshold 3 Definition Widespread community transmission of disease within Washington State. You have are event coming up. What should you o • All events that involve the potential for disease transmission that cannot accommodate alternative attendance should be canceled or postponed. • Consider alternatives to holding your event. o Web -based attendance o Televised only (no audience) o Other remote attendance options o Reschedule the event • Communicate to your staff and attendees that the event is canceled and why. • Consider how you might reimburse attendees. We know it is hard to cancel events that you have been planning for a long time. However, social distancing measures, such as canceling or postponing mass gatherings, reduce opportunities for person -to -person virus transmission and can help delay and slow the spread of the disease as well as save lives. We appreciate your help in this effort. Additional O I - 19 Resources Recommendations for Events and Public Gatherings: 3/4/2020 • DOH Coronavirus (COVID-19) webpage — updated information and resources daily • Local Health Jurisdictions • Workplace and Employers • Persons Who are at Higher Risk for Serious Illness • Communities and Community Organizations • Stigma Reduction • How Can I Be Prepared for a COVID-19 Outbreak? Intervention 1 Recommend or Order Cancellation of Major Public and Large Private Gatherings Reduce the probability of transmission by reducing the number of interpersonal contacts. Transmissibility Clinical e., • - `, Recommend implementing at Intervention type: Personalrnunity i nviranrrient� L Ujrnit spread ' Prevent staread� High .0 [ B :D y-----------------i-_ E A C Low High Clinical Severity Rationale for Use as a Public Health Strategy Social distancing measures, such as cancellation or postponement of mass gatherings, reduce opportunities for person -to -person virus transmission and can help delay the spread and slow the exponential growth of disease spread. The optimal strategy is to implement these measures simultaneously in places where people gather. Canceling mass gatherings, in combination with other social distancing measures (e.g., patient isolation, quarantine of exposed persons, and school closures), may help reduce virus transmission. Success Factors: Success depends upon event sponsor compliance and authorities' ability to enforce effectively. Possible Drawbacks: May result in revenue loss, public outrage, or political backlash, and may disproportionately affect certain cultural and community groups. Possible Benefits: Reduces opportunities for widespread disease transmission by reducing interpersonal contacts and increasing social distance. Settings and Use • Social distancing measures can be implemented in a range of community settings, including public places where people gather (e.g., parks, houses of worship, theaters, sports arenas). Recornmendahons for Events and Public Gatherings: 3/4/2020 • Modifying, canceling, or postponing events is an approach that might reduce face-to-face contact in community settings. Jurisdictional Authority and Key Decision Make Local i State Tribal Key Decision Makers: Local health officers and the local board of health have the authority to control and prevent the spread of contagious or infectious diseases within their jurisdiction and to inform the public about the nature of the disease and prevention methods. This includes issuing orders to cancel events. Key Stakeholders: Decision should be made in coordination with local elected officials (such as mayor, city council, county council, and/or county executive), emergency managers, local law enforcement, impacted businesses, proprietors, cultural and religious leaders, event sponsors and event organizers. Applicable Law(s) for Decision Makers: • RCW 70.05.060 — Powers and duties of local board of health • RCW 70,05.070 — Local health officer — powers and duties • WAC 246-100-036 — Responsibilities and duties — Local health officers • WAC 246-100-070 — Enforcement of local health officer orders Key Decision Makers: In an emergency or when a local health officer consents or does not act, the Secretary of Health may exercise the same authority as a local health officer to control and prevent disease and issue orders to cancel events. The Secretary of Health also has the authority to promote public health activities and educational campaigns. The Governor has broad authority to proclaim a state of emergency in order to preserve life, health, property, or public peace (RCW 43.06.220). A governor declared emergency could trigger limitations such as curfews, prohibitions of people on streets and open areas, limit the use of streets, highways or public ways; or other broad restrictions outlined by the law, such as prohibiting travel. Washington's laws against discrimination are outlined in RCW 49.60. Public officials should consider how communities may be impacted and take action to remove the stigma that may marginalize or discriminate against groups. Applicable Law(s): • RCW 43.06.220 — State of emergency — powers of governor pursuant to proclamation • RCW 43.70.020(3) — Department created • RCW 43.70.130 — Powers and duties of the Secretary of Health • RCW 70.05.070 — Local health officer — powers and duties (can be exercised by Secretary) • RCW 49.60 — Discrimination — Human Rights Commission Tribal governments have the authority and responsibility to control communicable diseases on tribal lands and are expected to do so according to the laws, rules, and regulations of the tribal government. They may decide their own criteria for canceling large gatherings. Recomrnendai ions for Events and Public Gatherings: 3/4/2020 Federal Key Decision Makers: The federal government has independent authority when emergencies cross state and national borders. Applicable Law(s): • 42 U.S.C. § 247d — Public health emergencies • 42 U.S.C. § 264 - Regulations to control communicable diseases • 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government Services [JOINT ti • Establish guidance/requirements needed to request or order the cancellation of gatherings. • Identify affected events and disproportionately impacted communities. o Research upcoming cultural and religious holidays, observances, and events. o Assess economic impact for both individuals and larger communities (loss of wages, tourism revenue) • Plan community engagement efforts, methods, and approaches that are responsive to the needs, preferences, and values of the community. • Develop strategies to gain buy -in from event organizers and leadership • Plan for enforcement of cancellations o Partner with trusted community leaders o Assess need, benefit, and potential unintended consequences of working with law enforcement/security personnel. o Create mitigation strategies, as needed, to address any real, potential, or perceived issues or consequences of enforcement activities. • Determine whether events should be pre-emptively canceled. • Proactively address unintended consequences that inequitably impact historically marginalized individuals and communities may further erode trust with governmental systems needed for overall public health and future response efforts. • Ensure all strategies, communications, and engagement are culturally and linguistically appropriate and meet readability and accessibility guidelines. • Consider the impact on the healthcare system and their current capacity and if the intervention would reduce or increase burden. • Determine if implementation would mitigate burden on health care system to maintain essential medical services, especially for underserved populations. • Identify if this would decrease or increase absenteeism among health care workers. • Potential legal and ethical issues involving altered standards of care. Implementation eth s • Health officer order or request that major government -sponsored events/gatherings be canceled or postponed. o Meet with event organizers, committees and employees. ■ Explain the situation Recommendations for Events and Public Galherings: 3/4/2020 ■ Offer alternatives, if any, including a new location, rescheduling the event, or changing entrance rules. o Government -sponsored events or gatherings maybe affected anyway due to the Continuity of Operations Plan. o Work with public information officers/communication teams to get the information out with relevant Q&As and FAQs Create and distribute accessible, public messaging about closures o General messaging about why these measures are being taken. ■ Work with communications team to create messages that: • Meet readability and accessibility guidelines. • Are culturally and linguistically relevant. • Are translated into the most spoken languages in the affected area. • Are relevant/adaptable to the changing nature of the incident/outbreak. Communicate through multiple platforms and channels appropriate to the affected communities ■ Engage with community leaders or representatives for advice and buy -in. ■ Provide messages to LH1s and other partners to share with their constituents. ■ Provide consistent messaging throughout the state via media outreach. ■ Develop tailored messaging for disproportionately impacted communities. o Specific messaging about the cancellation of specific events. ■ Display appropriate messaging in places where attendees may see them. ■ Work with event organizers and to use their communication methods. Special Considerations • Requires excellent and effective communication mechanisms to notify the community of details and rationale. Communication must be culturally relevant and in a language and format that the audience can understand to be effective. • Any attempts to implement social distancing in cultural & religious gatherings should be informed by cultural & religious leaders. • Canceling events could affect civic participation and social cohesion. It could also create an opportunity for discrimination if only certain events are closed. • Postponing the event may benefit or negatively impact employees as well as attendees or participants, depending on the event and the individual's role. • This intervention will require detailed coordination between state, local government officials, and community organizations/leaders/groups. • This intervention will require detailed coordination with the event organizers and planners. • Cancellation of large events may affect individual income, revenue, employment, economic opportunity, and commerce. • Coordination with the Office of the Governor and/or local government leadership may be needed. • There should be consistency in which events are canceled. Cancellation should not be based on the communities likely to attend or work at the event. • Culturally and religiously diverse communities may be disproportionally impacted. • Families on the brink of housing insecurity may be disproportionately impacted by loss of wages, potentially increasing risk of missing rent payments, potentially increasing risk of eviction and homelessness. Homeless individuals already experience barriers to health care, services, and information. Recommendations for Events and Public Gatherings: 3/4/2020 • Unintended consequences that inequitably impact historically marginalized individuals and communities may further erode trust with governmental systems needed for overall public health and future response efforts. WIFE RETIEIVi [)e ..__ ".9-)J I Z 1 t SU0Nl " E 44y. i n EA -)bacv To: Executive Sidhu, County Health Board Members, Health Officer Greg Stern M.D. > From: Councilmember Elenbaasiil a Date: 3/12/2020 g'�x -e XIIIIB r> RE: Board of Health roles and responsibilities as it relates to COVID 19 Emergency Declaration and Response It is important to recognize that we are embarking on ground not often traveled. I think the chair said it best in yesterdays meeting when he stated, "this is not a drill." We are about to ask our citizens to do things that can feel very uncomfortable and far outside of what their local officials have ever asked them to do. It is for this reason that we take a deeper look at our structure and purpose as the "Board of Health" and the roll we must play in this operation. Last week the Governors office sent out a slide packet and we were given training on roles and responsibilities, specifically in regards to Non -pharmaceutical interventions, with our guiding light being RCW 70.05. As we are all aware, we are a home rule charter county. This is addressed in RCW 70.05.035 which states in part, "In Counties with a home rule charter the County legislative authority shall establish a local board of health and may prescribe the membership and selection process for the board" which we have done in Chapter 24 of our county code NZWITMIUMCM, Under authority of the Whatcom County Home Rule Charter Section 2.20(c), RCW Chapter 70.05, and other applicable state statutes, there is created a health department (hereafter referred to as the "department"), an executive department. 24.01.050 Creation of health board. The Whatcom County council shall constitute the official county health board, in accordance with RCW 70.05.035. Items for health board consideration shall be referred to the county council, unless required by law. (Ord. 2004-004; Ord. 99- 025; Ord. 95-055; Ord. 93-024; Ord. 91-040 (part); Ord. 90-10 Exh. A (part); Ord. 89-24 (part))." RCW 70.05.035 continues, "the county legislative authority may appoint to the board of health elected officials from cities and towns and persons other than elected officials as members so long as persons other than elected officials do not constitute a majority." It is my opinion that the intent of this section of the RCW is very important to consider in just such occasion as we find ourselves in right now. This importance, in my opinion, is due to the significant responsibility and duty that is put on the local board of health, the administrative officer or County Executive and the Local Health Officer. These duties are further defined in RCW 70.05.060 and RCW 70.05.070 as well as WCC 24.01. In our training we received from the Governors office a court case was used as an example of how the powers of the local health board and health officer are special and can go "above and beyond" the duties as elected officials. This court case is Spokane Board of Health v. Brockett, in this case the judge found, "Because protecting and preserving the health of its citizens from disease is an important governmental function, public health statutes and the actions of local health boards implementing those statutes are liberally construed. Snohomish Cy. Builders Ass'n v. Snohomish Health Dist., 8 Wn. App. 589, 595, 508 P.2d 617 (1973); see also Brown v. County of Pierce, 28 Wash. 345, 349, 350, 352, 68 P. 872 (1902); State ex rel. McBride v. Superior Court, 103 Wash. 409, 419-20, 174 P. 973 (1918). The legislatively delegated power to cities and health boards to control contagious diseases gives them extraordinary power which mi ht be unreasonable in another context. McBride, 103 Wash. at 420." "unreasonable in another context," let that sink in for a second. It is my presumption the mandate in the law for the majority of Health Board members to be elected officials is to maintain some form of accountability to the public in instances where "extraordinary power" must be implemented. While I believe our Health Officer is empowered to take actions by himself. I feel that the intent of the law is for him to work in a coordinated effort with the Board of Health and would be wise to do such at this unprecedented time. Again, as mentioned we are asking people to do things they have never been asked to do by their local and state governments. I believe the most effective way to do this, is to present in a coordinated fashion, in accordance with the law. Our County code states in 24.01.060 Powers and duties of health board. "The county council in its capacity as health board shall have the following legislative powers, in accordance with RCW 70.05.060, and other legislative duties that may be established by state or county law:" RCW 70.05.060 goes on to define, Powers and duties of local board of health. Each local board of health shall have supervision over all matters pertaining to the preservation of the life and health of the people within its jurisdiction and shall: (1) Enforce through the local health officer or the administrative officer appointed under RCW 70.05.040, if any, the public health statutes of the state and rules promulgated by the state board of health and the secretary of health; (2) Supervise the maintenance of all health and sanitary measures for the protection of the public health within its jurisdiction; (3) Enact such local rules and regulations as are necessary in order to preserve, promote and improve the public health and provide for the enforcement thereof; (4) Provide for the control and prevention of any dangerous, contagious or infectious disease within the jurisdiction of the local health department; (5) Provide for the prevention, control and abatement of nuisances detrimental to the public health; (6) Make such reports to the state board of health through the local health officer or the administrative officer as the state board of health may require; and (7) Establish fee schedules for issuing or renewing licenses or permits or for such other services as are authorized by the law and the rules of the state board of health: PROVIDED, That such fees for services shall not exceed the actual cost of providing any such services. This conversation is not complete without looking at, RCW 70.05.070 Local health officer —Powers and duties. The local health officer, acting under the direction of the local board of health or under direction of the administrative officer appointed under RCW 70.05.040 or 70.05.035, if any, shall: (1) Enforce the public health statutes of the state, rules of the state board of health and the secretary of health, and all local health rules, regulations and ordinances within his or her jurisdiction including imposition of penalties authorized under RCW 70.119A.030 and 70.118.130, the confidentiality provisions in RCW 70.02.220 and rules adopted to implement those provisions, and filing of actions authorized by RCW 43.70.190; (2) Take such action as is necessary to maintain health and sanitation supervision over the territory within his or her jurisdiction; (3) Control and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his or her jurisdiction; (4) Inform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion and improvement of health within his or her jurisdiction; (5) Prevent, control or abate nuisances which are detrimental to the public health; (6) Attend all conferences called by the secretary of health or his or her authorized representative; (7) Collect such fees as are established by the state board of health or the local board of health for the issuance or renewal of licenses or permits or such other fees as may be authorized by law or by the rules of the state board of health; (8) Inspect, as necessary, expansion or modification of existing public water systems, and the construction of new public water systems, to assure that the expansion, modification, or construction conforms to system design and plans; (9) Take such measures as he or she deems necessary in order to promote the public health, to participate in the establishment of health educational or training activities, and to authorize the attendance of employees of the local health department or individuals engaged in community health programs related to or part of the programs of the local health department. Looking at both powers and duties sections, it is clear that the local health board has the duty to supervise "all matters' and the health officer is "acting under the direction of the health board or administrative officer' and it is also clear that our county code does not contradict the state law but as written, affirms it. Legal council made mention that our county code made the RCW somewhat irrelevant because we are a home rule charter county, I don't believe that to be the case. Section 24.01.100 concludes that, "If it would appear that any provisions of this title are in conflict with any statutory provisions of the state of Washington, such provisions of the title shall be deemed inoperative and void and shall be modified to conform to such statutory provisions."(of the state law) However, it does not appear our code contradicts state law. The court case mentioned above goes one step further in defining, " defendants (local health board and health officer) here are not relying on the general powers granted local officials under the state constitution. Rather, they are acting pursuant to public health statutes, namely RCW 70.05, which defines the powers and duties of local health officials,... RCW 70.05 The Legislature's broad grant of powers to local health officials is evident in RCW 70.05. The SCHD Board of Health is a "[I]ocal board of health", RCW 70.05.010(3), and as such *149 shall have supervision over all matters pertaining to the preservation of the life and health of the people within its jurisdiction and shall:.... (4) [p]rovide for the control and prevention of any dangerous, contagious or infectious disease within the jurisdiction of the local health department ..J.] RCW 70.05.060. [2] Local health officers, including plaintiff Dr. Beare (RCW 70.05.010(2)), likewise enjoy broad authority and are required to (2) [flake such action as is necessary to maintain health and sanitation supervision over the territory within his jurisdiction; (3) [c]ontrol and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his jurisdiction; (4) [i]nform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion and improvement of health within his jurisdiction; Former RCW 70.05.070. Use of the word "shall" mandates that officials perform these duties. See State ex rel. Nugent v. Lewis, 93 Wn.2d 80, 82, 605 P.2d 1265 (1980)." In conclusion it is clear from County Code, State law and supported by Case law that we as a local health board and our local health officer are mandated to perform our duties. It is also my conclusion, due to the unprecedented path we are walking, that the local health officer not walk this path alone. I believe it would be prudent at this time to fully utilize the Health Board moving forward in its capacity as prescribed by law. I am in no way asking to micro manage the office of the executive, the health department or the local Health officer but to work together in accordance with the law to carry out our shared duty to protect the citizens of Whatcom County. While I have full faith in our Health Officer to make the correct decisions moving forward policy wise, he should not have to walk this path alone and I feel strongly any further actions asked of the public will be better received and more likely adhered too, therefore more effective, if they come from a coalition of elected officials and Health professionals. Our goal is to be able to control the spread of COVID 19 with voluntary measures, however if we need to enact policy that is mandatory, I feel our best chance of success is to work in full cooperation, which will require changes moving forward which we can discuss in today's meeting. Thank you. p � WHATCOM COUNTY EXECUTIVE ORDER 2020-01 9`4jY i ri C ko ADJUSTING COUNTY OPERATIONS DURING THE COVID-19 EVENT WHEREAS, Whatcom County is committed to sustaining the highest possible level of service for citizens during the COVID-19 event; and WHEREAS, some County offices can provide essential services through web services, email, and telephone without doors being open to the public; and WHEREAS, the normal hours during which Whatcom County offices are open for the transaction of business shall be from 8:30 a.m. to 4:30 p.m. excluding holidays [County Code 2.64]; however. WHEREAS, limiting public contact can create "social -distance" safety for employees and safer operations for an office if the number of employees reporting to work drops below certain thresholds; and WHEREAS limiting public contact will also help achieve the goal of social distancing to provide support for containment of COVID-19; and WHEREAS, each Department Head and Elected Official is empowered to limit hours of doors - open public service on a day-by-day basis based on the following criteria: Determining which essential public services must be provided and plan for maintaining the new level of service 2. Ensuring telecommuting employees meet HR policy 3. Assigning available staff to perform essential public services 4. Posting public hours on the office door and the department's county website home page 5. Ensuring the County Executive's Office is kept apprised of the department's hours of operation NOW, THEREFORE, BY virtue of the power vested in me by the home rule charter for Whatcom County, I hereby declare that during the COVID-19 event, and while the County is NOT closed by Emergency Declaration, County operations shall limit as many "in -person" services as possible by start of business on March 18', 2020; DATED this day of March, 2020. S Satpal Singh Sid u, Whatcom County Executive Approved As To Form: Civil Deputy Prosecuting Attorney Date_0(0 ZZ • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2020-117 File ID: AB2020-117 Version: 1 Status: Discussed File Created: 02/26/2020 Entered by: DBrown@co.whatcom.wa.us Department: File Type: Discussion Assigned to: Council Final Action: 05/05/2020 Agenda Date: 05/05/2020 Enactment #: Primary Contact Email: DBrown@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Discussion of strategies related to COVID-19 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Discussion of strategies related to COVID-19 HISTORY OF LEGISLATIVE FILE Date: Acting Body: 03/19/2020 Council (Special) 03/26/2020 Council (Special) 03/31/2020 Council (Special) 04/03/2020 Council (Special) 04/07/2020 Council 04/09/2020 Council (Special) 04/21/2020 Council 05/05/2020 Council Action: DISCUSSED AND MOTION(S) APPROVED DISCUSSED DISCUSSED DISCUSSED DISCUSSED DISCUSSED AND MOTION(S) APPROVED DISCUSSED DISCUSSED Attachments: PROPOSAL FOR UPCOMING MEETING DATES AS OF 4.6.2020 Sent To: Whatcom County Page 1 Printed on 211012025 Agenda Bill Master Report Continued (AB2020-117) Whatcom County Page 2 Printed on 211012025 PROPOSAL FOR UPCOMING MEETING DATES - NEXT SIXTY DAYS MEETING DATE REGULAR COUNCIL EIGHT -DAY COVID-19 OPERATIONAL PERIOD UPDATE MEETING APRIL 7, 2020 (TUESDAY) X X APRIL 15, 2020 (WEDNESDAY) X APRIL 21, 2020 (TUESDAY) X APRIL 23, 2020 (THURSDAY) X MAY 1, 2020 (FRIDAY) X MAY 5, 2020 (TUESDAY) X MAY 9, 2020 (SATURDAY) X MAY 18, 2020 (MONDAY MEETING TO RECEIVE SUNDAY MAY 17 REPORT) X MAY 19, 2020 (TUESDAY) X MAY 26, 2020 (TUESDAY MEETING TO RECEIVE MAY 25 HOLIDAY REPORT) X JUNE 2, 2020 (TUESDAY) X X JUNE 10, 2020 (WEDNESDAY) X • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2020-157 File ID: AB2020-157 Version: 1 Status: Withdrawn File Created: 03/20/2020 Entered by: Tlddings@co.whatcom.wa.us Department: Public Works File Type: Contract Department Assigned to: Council Final Action: 04/07/2020 Agenda Date: 04/07/2020 Enactment #: Primary Contact Email: SDraper@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Request authorization for the County Executive to award Bid #20-15 and enter into a contract between Whatcom County and Granite Construction Company, for annual hot mix asphalt Prelevel work on Lummi Reservation in an amount not to exceed $436,003.05 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: See memo HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council WITHDRAWN Attachments: Bid Memo, Bid Award Whatcom County Page 1 Printed on 211012025 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT 901 W. Smith Road Bellingham, WA 98226-9610 SC'0 Zp ti EQUIPMENT SERVICES DIVISION Phone (360) 778-6400 Fax (360) 778-6401 Eric L. Schlehuber, Division Manager MEMORANDUM TO: The Honorable Satpal Singh Sidhu, County Executive & Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Director FROM: Eric L. Schlehuber, Public Works Equipment Services Manager Andy Bowler, Public Works Maintenance & Operations Superintendent DATE: March 18, 2020 RE: Bid #20-15, 2020 Hot Mix Asphalt Prelevel on Lummi Reservation; Construction Contract Award " Requested Action Approval requested to award the bid and subsequent standard construction contract for the 2020 Hot Mix Asphalt Prelevel on Lummi Reservation to the lowest responsive bidder, Granite Construction Company in Everson, Washington, in an amount not to exceed $436,003.05. Attached for your review and signature is the standard construction contract award package consisting of: • Memo • Approval for Contract Award (endorsed by the County Executive) • Project Location Summary with Quantities • Bid Tabulation (of all bids) • Low Bid Proposal ■ Background and Purpose Bids were duly advertised and submitted for the annual hot mix asphalt prelevel on Lummi Reservation. As part of the annual maintenance and repair on various county roads and on county road projects, the Public Works Maintenance and Operations Division contracts out the prelevel project. Two bid responses were received Tuesday, March 17, 2020. See the attached Bid Tabulation sheet for details on the two bid proposals received and the Proecf Location Summary with Quar+tit+'es sheet for details on the specific locations around the County proposed for the prelevel project. Factoring in costs for mobilization, signing and traffic control, pavement repair, seeded lawn installation, and hot mix asphalt (prelevel 3/8"), Granite Construction Company is the overall lowest responsive and responsible bidder for the 2020 Hot Mix Asphalt Prelevel on Lummi Reservation Project. Funding Amount and Source This bid award and subsequent contract for 2020 Hot Mix Prelevel on Lummi Reservation in the amount not to exceed $436,003.05, is being submitted concurrently with the bid award and subsequent contract for the 2020 Hot Mix Asphalt Prelevel on Lummi Reservation in the amount not to exceed $628,535.00. The combined total for the 2020 Hot Mix Prelevel Projects is $1,064,538.05. These are regularly budget expenditures for prelevel and $850,000.00 was approved in the 2020 Road Fund budget. Public Works has adequate funds within the existing approved 2019-2020 Road Fund M&O budget to cover the overage of $214,538.05, and will transfer the funds accordingly to cover this contract. Page 1 Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the April 7, 2020 Whatcom County Council Meeting. This agenda item is essential, because, if these pre -level contracts are not approved, Public Works-M&O will be unable to retain contractors to pursue this work in early-2020. This work is additionally necessary to be completed prior to M&O's summer road surface maintenance program including annual road chip sealing. Also due to some of the locations of this year's prelevel program on the Lummi Reservation, additional time is needed to secure the necessary TERO compliance permits. Please contact Andy Bowler at extension 6417 or Gina Miller at extension 6423 if you have any questions or concerns regarding this agreement. Enclosures In Accordance with WCC 3.08.030, 1 concur with this recommendation. Sara Winger, Purchasing Coordinator Date Page 2 WHATCOM COUNTY GOM Coo MAINTENANCE &OPERATIONS DIVISION PUBLIC WORKS DEPARTMENT 901 W. Smith Road { Bellingham, WA 98226-9610 Phone (360) 778-6400 �'�HIN4S� Jon Hutchings Fax (360) 778-6401 Director Andy Bowler, Superintendent 2020 Hot Mix Asphalt Prelevel on Lummi Reservation Bid #20-15 APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the construction contract as follows: PROJECT: 2020 Hot Mix Asphalt Prelevel on Lummi Reservation To: Granite Construction Company In the amount of their bid proposal of $436,003.05 including all taxes. WHATCOM COUNTY Approved: Satpal Singh Sidhu Whatcom County Executive Approved as to form: Christopher Quinn Senior Deputy Prosecutor Date Date Page 3 2020 PRELEVEL - BID NO. 20-15 PROJECT LOCATION SUMMARY WITH QUANTITIES PROPOSED & ALTERNATE ROADS DESCRIPTION OF WORK This project includes all labor, equipment, and materials necessary to furnish, lay, and compact approximately 9,957 tons of Hot Mix Asphalt Class 3/8" at various locations (includes both Proposed and Alternate Roads). Other work will include flagging and tack coat. Tack coat is to be applied when matching road to asphalt driveway. For estimating purposes only, the average thickness of hot mix asphalt has been estimated at 1% inches (0.125-feet). All work shall be completed in accordance with the Special Provisions and the Standard Specifications, including the amendments thereto. All materials, equipment, labor, and other miscellaneous items required to complete the work shall be furnished by the Contractor. LOCATION AND ORDER OF WORK The project location and approximate tonnage at each location for Hot Mix Asphalt Class 3/8" are: Proposed Prelevel Locations Tabl.e (in Order of Completion) Road Road Name Mile Post Total Lane CA Miles Tons Per No. Feet Per Road Road COUNTY ROADS: 15728 DECATUR DR (SANDY PT HTS) 0.23 to 0.66 4541 0.43 518 15727 LOPEZ DR (SANDY PT HTS) 0.00 to 0.15 1584 0.15 181 15724 MORESBY WY (SANDY PT HTS) 0.00 to 0.23 2429 0.23 277 15719 ORCAS WY (SANDY PT HTS) 0.00 to 0.34 3590 0.34 409 15718 PENDER DR (SANDY PT HTS) 0.00 to 0.24 2534 0.24 289 15721 SAANICH AV (SANDY PT HTS) 0.00 to 0.05 528 0.05 60 15721 SAANICH AV (SANDY PT HTS) 0.05 to 0.08 317 0.03 33 15726 SINCLAIR DR (SANDY PT HTS) 0.00 to 0.27 2851 0.27 325 15716 SHAW COURT (SANDY PT HTS) 0.00 to 0.07 739 0.07 70 15716 SHAW COURT (SANDY PT HTS) 0.07 to 0.13 634 0.06 72 15717 SHAW COURT (SANDY PT HTS) 0.00 to 0.03 317 0.03 36 15711 WALDRON DR (SANDY PT HTS) 0.00 to 0.23 2429 0.23 277 15714 WALDRON PL 0.00 to 0.06 634 0.06 72 15712 GALIANO DR 0.00 to 0.26 2767 0.26 315 15715 GUEMES WY (SANDY PT HTS) 0.00 to 0.08 845 0.08 1 96 Subtotal - Proposed County Roads 26,738 2.53 3,031 Subtotal - All Proposed Roads 26,738 2.53 3,031 Proposed Prelevel Worksheet - Alternate Roads Road Total Lane C/L Miles Tons Per No. Road Name Mile Post Feet Per Road Road 15600 LAKE TERRELL RD 0.16 to 0.25 961 0.09 91 15600 LAKE TERRELL RD 0.47 to 0.60 0.00 to 0.90 1404 9504 0.13 0.90 133 903 16300 NORTH RED RIVER RD Subtotal - Alternate Roads 11,869 1.12 1,128 Total Proposed and Alternate Roads 38,607 3.66 4159 Additional locations may need to be included depending on the condition of the roadway at the time of work. Page 4 } Ll /kR§ «fko IL E) m 4) /f{ // ksa AkwacjS0 �) b ,• / Whatcom County Bid #20-15 Hot Mix Asphalt Prelevel on Lummi Nation BID PROPOSAL FORMS Page 7 of 85 Whatcom County Bid #20-15 Hot Mix Asphalt Prelevel on Lummi Nation BID PROPOSAL Date: March 17, 2020 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the contract documents entitled: "2020 Hot Mix Asphalt Prelevel on Lummi Nation", Whatcom County, Washington, including the "Bid Procedures and Conditions", "Specifications and Conditions", "Contract Forms" and "Plans" governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said contract documents. Company Name: Granite Construction Submitted By: James A. Prouty, Senior Estimator (Name & Title of Authorized Official) Signature of Authorized Official: 10"al. a, Date: 0317/�-e Page 8 of 85 Whatcom County Bid #20-15 Hot Mix Asphalt Prelevel on Lummi !Nation ITEM APPROXMATE I NO. QUANTITY ITEM & WRITTEN UNIT PRICE UNIT PRICE TOTAL 1. LUMP SUM MOBILIZATION (Proposed Roads on Lummi Nation) TWC-L"4-rw0 rµa,,, ,µ►pp°�a„ Dollars L.S. $ 2_2 OC%O.bO (Written Lump Sum Price) 2, LUMP SUM TRAFFIC CONTROL SUPERVISOR (TCS) [In accordance with WSDOT 2020 Standard Specifications] vd Iv Tm0uS,�� p ,4Np ied Dollars L.S. OQO . 00 (Written Lump 5um Price) 3. LUMP SUM OTHER TEMPORARY TRAFFIC CONTROL [In accordance with WSDOT 2020 Standard Spedl c,atransi au ti "Ut4i" �a ��'Dollars L.S. $ 4ij i3 000 00 (Written Lump Sum Price) TRAFFIC CONTROL - FLAGGERS [In accordance with WSDOT2020Standard Specifications] ss, 00 FzFTY—FSvf An+p 00�inp Dollars $ 2(0, g00'60 (Written Unit Price Per Hour) PER HOUR F408OURS OURS TRAFFIC CONTROL- OTHER TRAFFIC CONTROL LABOR [In accordance with WSDOT 2020 Standard Specifications] (00.00 SixTY AA30 �X00 Dollars $ (oi 000 oc7 VAA tten Unit Price Per Hour] PER HOUR 6, FORCE ACCOUNT PAVEMENT REPAIR Ten Thousand Dollars & No/100 Cents F.A. $ 10,000.00 (Written Force Account Price) 7. FORCE ACCOUNTffSEEDEDN INSTALLATION Thousand Dollars & Noll 00 Cents F.A. $ 5,000.00 (Written Force Account Price) 8. 55 EACH (MAX.) RAISE/ADJUST ALL MANHOLE RINGS TO FINISHED GRADE. 42-PROPOSED [See Section 1-04, Figure 1, page 20.1 !!�00 "Do 13-ALTERNATE Amo 00/40 D6t4.Ar?-S $ 2.1, Sop,00 FAtI4 — (Written Price For 55 Manholes) PER MANHOLE Page 9 of 85 Whatcom County Bid #20-15 Hot Mix Asphalt Prelevel on Lummi Nation 9. 3031 TONS HOT MIX ASPHALT CLASS 3/8" (Proposed Roads on Lurnmi Nation) -7 N-r y- r-YVC AA— 0%.'. Dollars $ 22.4 3-t,S, oo (Written Unit Price Per Ton) PER TON 10. 1128 TONS HOT MIX ASPHALT CLASS 3/8" (Alternate Roads on Lummi Nation) % z ap Sc N7y -Two w,w e0/,o o Dollars $ $ -Lkk0, oil (Written Unit Price Per Ton) PER TON SUBTOTAL (Items 1-10) $y 1 5 Zy► , c� 11. LUMP SUM TRIBAL EMPLOYMENT RIGHTS ORDINANCE REIMBURSEMENT (TERO FEE - 5% of subtotal) Dollars 5% of subtotal $ 2, O % (o'Z, O. (Written Unit Price) TOTAL (Subtotal + TERO fee) I $43to,003.45 TOTAL BID — ITEMS 1 THROUGH 11 orb D `I i4-LtiT y- s7-w Yvc-, E DOLLARS CENTS Page 10 of 85 Whatcom County Bid #20-15 Hot Mix Asphalt Prelevel on Lummi Nation NON -COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll -free "hotline" Monday through Friday, 8:00 AM to 5:00 PM Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. Page 11 of 85 Whatcom County Bid #20-15 Hot Mix Asphalt Prelevel on Lummi Nation PROPOSAL FOR INCORPORATING RECYCLED MATERIALS INTO THE PROJECT In compliance with a law that went into effect January 1, 2016 (SHB1695), the Bidder shall propose below the total percentage of construction aggregate and concrete materials to be incorporated into the Project that are recycled materials. Calculated percentages must be within the amounts allowed in Section 9-03.21(1)E, Table on Maximum Allowable Percent (By Weight) of Recycled Material, of the Standard Specifications. Proposed total percentage: 2y percent (maximum of 20% by weight). Note: Use of recycled materials is highly encouraged within the limits shown above, but does not constitute a Bidder Preference, and will not affect the determination of award. Regardless, the Bidder's stated proposed percentages will become a goal the Contractor should do its best to accomplish. Bidders will be required to report on recycled materials actually incorporated into the Project in accordance with the Standard Specifications in Section 1-06.6 of the Special Provisions. Bidder: Signature of Authorized Official Date: Granite Construction Company 14-4116a b�� 03/7/ZO Page 12 of 85 Whatcom County Bid #20-15 Hot Mix Asphalt Prelevel on Lummi Nation BIDDER IDENTIFICATION The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made, and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Firm Name: Granite Construction Address: 7017 Everson Goshen Rd. Everson, WA 98247 Telephone Number: (360) 676-2450 Fax Number: (360) 733-6735 Contact Name: Lance Chambers or James A. Prouty Contact Phone: 676-2450 Contact Email: Bid.Whatcom@gcine.com Contractor's WA Registration Number: _572,672-04 Contractor's WA UBI Number: 409-023-062 Contractor's WA Employment Security Number: 232166009 Contractor's WA Excise Tax Registration Number: 409-023-062 The Firm submitting this proposal is a: ❑ Sole Proprietorship ❑ Partnership © Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: ACx_,� V% ov V; r�R`CI NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. Page 13 of 85 Whatcom County Bid #20-15 Hot Mix Asphalt Prelevel on Lummi Nation BID PROPOSAL SIGNATURE AND ADDENDUM ACKNOWLEDGMENT The Bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions for this project. CASHIER'S CHECK ❑ CERTIFIED CHECK ❑ S ) PAYABLE TO WHATCOM COUNTY PROPOSAL BOND Ee ($ ] IN THE AMOUNT OF 5% OF THE BID Receipt is hereby acknowledged by addendum(s) No.(s) , & (Proposal Must Be Signed) SIGNATURE OF AUTHORIZED OFFICIAL(S) SO:nhvR 15sn #t*l* (Seal) Firm Name: G r (011 S e-t ur Um U- d STATE OF iL5h i n +byt ) } ss. COUNTY OF �ilohorri g� ) On this j_J-_f'1,-day of Gh 2020, before me personally appeared naltg A.q>rplk (.1 _ to me known to be the person described in and who executed the above instrument and who arc o me the act of signing sealing thereof. e���'!r"" �[ '� a,, �lflN pXpl���� 4- NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: oil�5 S(�' NOTARY 0 i k*pm No. 149206 N� PUBLIC Q1-25-202• NOTE: This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from Whatcom County will be cause for considering the proposal irregular and for subsequent rejection of the bid. Page 14 of 85 Whatcom County Bid #20-15 Hot Mix Asphalt Prelevel on Lummi Nation BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Granite Construction Company of, California , as Principal, and Travelers Casualty and Suretv Company of America a corporation organized and doing business under and by virtue of the laws of the State of Connecticut and duly licensed to conduct a general surety business in the State of Washington as Surety, are held and firmly bound unto Whatcom County, a Municipal Corporation and Charter County in the State of Washington, in the full and penal sum of five percent (5%) of the total amount of the bid proposal of said Principal for the work hereinafter described, for which payment, well and truly to be made, we firmly bind ourselves, our heirs, executors, administrators and assigns, and successors and assigns, jointly and severally by these presents. The condition of this bond is such that, whereas, the Principal herein is herewith submitting his or its bid proposal for 2020 Hot Mix Asphalt Prelevel on Lummi Nation, said bid proposal, by reference thereto, being hereby made a part hereof. NOW, THEREFORE, if the said bid proposal submitted by the said Principal be accepted, and the contract be awarded to said Principal, and if said Principal shall duly make and enter into and execute said contract and shall furnish the performance bond as required by the bidding and contract documents within a period of ten (10) days from and after said award, exclusive of the day of such award, then its obligation to pay the above -mentioned penal sum as liquidated damages shall be null and void, otherwise it shall remain and be in full force and effect. SIGNED AND SEALED, this 10th day of March PRINCIPAL Granite Construction Company Company Name -�(Seal) sig ure 2020. ATTORNEY -IN -FACT, SURETY Travelers Casualty and Surety Company of America j Company Name +/ f41 t'fJJ►r $ignatu 11 J for Isabel Barron, Attorney in Fact Print J I Print The Attorney -in -Fact (Resident Agent) who executes this bond on behalf of the surety company must attach a copy of his Power -of Attorney as evidence of his authority. Page 15 of 85 A notary public or other officer completing this certificate verifies only the identity of the individual ACKNOWLEDGMENT who signed the document to which this certificate is .attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Cruz On March 11, 2020 before me, V. Schultz, Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature V. Schultz, Notary Public ------------- V. SCHULTZ Notary Public - California z x ' Santa Cruz County > Commission # 2267382 "'° My Comm. Expires Nov 17, 2022 (Seal) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS., St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Isabel Barron of WATSONVILLE California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. o`oratcow lift �l F State of Connecticut City of Hartford ss. i-.-� Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. �rEr My Commission expires the 30th day of June, 2021 * +�URMI►4 * Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RrSOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in witting and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional !undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice Fresident, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice ?resident, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and artlesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 11th day of March , 2020 + �44 �`,} rya s� y4,+ cow '�y� � �Z s � Kevin E. Hughes, Assittant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421 3880. Please refer to the above -named Attorney4n-Fact and the details of the bond to which the power is attached, Whatcom County Bid #20-15 Hot Mix Asphalt Prelevel on Lummi Nation P4Gem cQG CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES :r (Original signed form must be submitted prior to contract award.) 43NiNG4 The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date March 4, 2020, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. G ru rn i +(— uyt W u-r_ 4h b0 CO nrn, Bidder's Business Name Signs ure of Authoriz d Official* _J("is a, Pru Printed Name � cn i Dy( Ce► mC,D r Title t�w)rfl City Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ 031710 Date W6-. State Corporation RZ State of Incorporation, or if not a corporation, State where business entity was formed: — CALd6_A_r,-- If a co -partnership, give firm name under which business is transacted: A * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner Page 16 of 85 Whatcom County Bid #20-15 Hot Mix Asphalt Prelevel on Lummi Nation TERO UNDERSTANDING AND ACKNOWLEDGEMENT LUMMI NATION'S TRIBAL EMPLOYMENT RIGHTS ORDINANCE UNDERSTANDING AND ACCEPTANCE Portions of the work included in this solicitation will be performed on lands subject to the Lummi Tribal Employment Rights Ordinance (TERO). TERO may impose certain requirements via taxes, fees, employment policies, or ordinance that my affect the Contractor and Subcontractors. The Contractor is required to comply with all lawful Tribal requirements in the performance of the work. Contractor shall designate a responsible company official to coordinate all employment, training, and contracting related activities with the TERO department to ensure that the company is in compliance with TERO. Designated TERO Liaison: Rod Majors On behalf of Granite Construction Company I hereby certify that I have received and understand the requirements set forth in the attached Lummi Nation Tribal Employment Rights Ordinance (TERO) Code and TERO Compliance Plan template, and I understand the responsibility of compliance with the described requirements. Address: 7017 Everson Goshen Rd., Everson, WA 98247 Phone: 360 676-2450 Fax: (360) 733-6735 Printed Name: James A. Prouty Title: Senior Estimator Signature: Date: Page 17 of 85 GRANITE CONSTRUCTION COMPANY CERTIFICATE OF SECRETARY RESOLVED, that, effective January 1, 2020 through December 31, 2020, the individuals named on the attached Exhibit 1 are authorized to negotiate, execute and/or attest electronic and paper documents and contracts necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids, bid proposals, bid addenda and all other bid -related documents prepared and submitted on behalf of the Company not to exceed $25 million, relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED, that, effective January 1, 2020 through December 31, 2020, the individuals named on the attached Exhibit 2 are authorized to negotiate, execute and attest electronic and paper documents and contracts necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids, bid proposals, bid addenda and all other bid -related documents prepared and submitted on behalf of the Company not to exceed $75 million, relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED FURTHER, that the authority provided for herein shall be in accordance with applicable policies, procedures and limits of authority previously approved and the Granite Construction Incorporated Delegation of Authority and Policy then in effect. I, M. Craig Hall, do hereby certify that I am duly qualified as Secretary of GRANITE CONSTRUCTION COMPANY, a California corporation (the "Company'); that the foregoing is a true and correct copy of resolutions duly adopted effective January 1, 2020 by unanimous written consent of the Executive Committee of the Board of Directors, held without a meeting in accordance with the provisions of Article III, Section 9 of the Bylaws of the Company; that the Directors acting were duly and regularly elected; and that the resolution adopted has not been modified or repealed and is still in full force and effect. Dated: January 1. 2020 0., M. I ®�4�tttrcrleo ti ;• Jan. 4, 1922 b" w rr+�r111�141���,� EXHIBIT 2 AUTHORIZED SIGNERS Granite Construction Company Northwest Group AUTHORIZED SIGNERS Brian Dowd, VP Nevada Region Jason Klaumann, VP Utah Region Derek Betts, VP Alaska Region Todd A. Hill, VP Arizona Region Michael A. Stein, VP Washington Region Bradly Estes, VP Construction Materials EXHIBIT 1 AUTHORIZED SIGNERS Granite Construction Company Northwest Group Washington Region AUTHORIZED SIGNERS Michael A. Stein, VP Washington Region Cevin Ladwig Sr., Eastern WA Area Manager Paul Harding, Southwest WA/OR Area Manager Boudrey J. Smith, NW Washington Area Manager Jeremy Deemer, Construction Manager Nicholas Gerritsen, Construction Manager Sonny Chavez, Regional Controller Travis Walken, Chief Estimator Grant Youngren, Senior Estimator J. Peter Welch, Senior Estimator James A. Prouty, Senior Estimator Phil Meenach, Senior Estimator James Gartside, Senior Estimator Shane Berrett, Plants Manager Andrew B. Thompson, Project Manager Allen Chatriand, Project Manager Jason Halverson, Project Manager Cory Bell, Project Manager Cody Rettke, Project Manager Keith Majors, Material Sales Manager ATTESTORS Michael A. Stein, VP Washington Region Cevin Ladwig Sr., Eastern WA Area Manager Paul Harding, Southwest WA/OR Area Manager Boudrey J. Smith, NW Washington Area Manager Jeremy Deemer, Construction Manager Sonny Chavez, Regional Controller Nicolas Gerritsen, Construction Manager Travis Walken, Chief Estimator Grant Youngren, Senior Estimator J. Peter Welch, Senior Estimator James A. Prouty, Senior Estimator Phil Meenach, Senior Estimator James Gartside, Senior Estimator Shane Berrett, Plants Manager Andrew B. Thompson, Project Manager Jason Halverson, Project Manager Cody Rettke, Project Manager Brynna Bennett, Estimating Assistant Laurie Fuller, Estimating Assistant John Newby, Estimating Assistant Heather Young, Estimator Keri Lee Gross, Office Manager • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2020-158 File ID: AB2020-158 Version: 1 Status: Withdrawn File Created: 03/20/2020 Entered by: Tlddings@co.whatcom.wa.us Department: Public Works File Type: Contract Department Assigned to: Council Final Action: 04/07/2020 Agenda Date: 04/07/2020 Enactment #: Primary Contact Email: SDraper@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Request authorization for the County Exectutive to award Bid #20-16 and enter into a contract between Whatcom County and Granite Construction Company, for hot mix asphalt Prelevel at various locations (non-Lummi Reservation) work in an amount not to exceed $628,535.00 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: See memo HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council WITHDRAWN Attachments: Bid Memo, Bid Award Whatcom County Page 1 Printed on 211012025 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT 901 W. Smith Road Bellingham, WA 98226-9610 �S441 N G4 EQUIPMENT SERVICES DIVISION Phone (360) 778-6400 Fax (360) 778-6401 Eric L. Schlehuber, Division Manager MEMORANDUM TO: The Honorable Satpal Singh Sidhu, County Executive & Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Director FROM: Eric L. Schlehuber, Public Works Equipment Services Manager Andy Bowler, Public Works Maintenance & Operations Superintendent DATE: March 18, 2020 RE: Bid #20-16, 2020 Hot Mix Asphalt Prelevel at Various Locations; Construction Contract Award • Requested Action Approval requested to award the bid and subsequent standard construction contract for the 2020 Hot Mix Asphalt Prelevel at Various Locations to the lowest responsive bidder, Granite Construction Company in Everson, Washington, in an amount not to exceed $628,535.00. Attached for your review and signature is the standard construction contract award package consisting of: • Memo • Approval for Contract Award (endorsed by the County Executive) ■ Project Location Summary with Quantities • Bid Tabulation (of all bids) • Low Bid Proposal ■ Background and Purpose Bids were duly advertised and submitted for the annual hot mix asphalt prelevel at various locations. As part of the annual maintenance and repair on various county roads and on county road projects, the Public Works Maintenance and Operations Division contracts out the prelevel project. Three bid responses were received Tuesday, March 17, 2020. See the attached Bid Tabulation sheet for details on the three bid proposals received and the Project Location Summary with Quantities sheet for details on the specific locations around the County proposed for the prelevel project. Factoring in costs for mobilization, signing and traffic control, pavement repair, seeded lawn installation, and hot mix asphalt (prelevel 3/8"), Granite Construction Company is the overall lowest responsive and responsible bidder for the 2020 Hot Mix Asphalt Prelevel at Various Locations Project. Funding Amount and Source This bid award and subsequent contract for 2020 Hot Mix Prelevel at Various Locations in the amount not to exceed $628,535.00, is being submitted concurrently with the bid award and subsequent contract for the 2020 Hot Mix Asphalt Prelevel on Lummi Reservation in the amount not to exceed $436,003.05. The combined total for the 2020 Hot Mix Prelevel Projects is $1,064,538.05. These are regularly budget expenditures for prelevel and $850,000.00 was approved in the 2020 Road Fund budget. Public Works has adequate funds within the existing approved 2019- 2020 Road Fund M&O budget to cover the overage of $214,538.05, and will transfer the funds accordingly to cover this contract. Page 1 a Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the April 7, 2020 Whatcom County Council Meeting. This agenda item is essential, because, if these pre -level contracts are not approved, Public Works-M&O will be unable to retain contractors to pursue this work in early-2020. This work is additionally necessary to be completed prior to M&O's summer road surface maintenance program including annual road chip sealing. Also due to some of the locations of this year's prelevel program on the Lummi Reservation, additional time is needed to secure the necessary TERO compliance permits. Please contact Andy Bowler at extension 6417 or Gina Miller at extension 6423 if you have any questions or concerns regarding this agreement. Enclosures In Accordance with WCC 3.08.030, 1 concur with this recommendation. Sara Winger, Purchasing Coordinator Date Page 2 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director r0M cp MAINTENANCE &OPERATIONS DIVISION �( -�' 901 W. Smith Road Bellingham, WA 98226-9610 4__ _'O Phone (360) 778-6400 Fax (360) 778-6401 Andy Bowler, Superintendent 2020 Hot Mix Asphalt Prelevel at Various Locations Bid #20-16 APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the construction contract as follows: PROJECT: 2020 Hot Mix Asphalt Prelevel at Various Locations To: Granite Construction Company In the amount of their bid proposal of $628,535.00 including all taxes. WHATCOM COUNTY Approved: Satpal Singh Sidhu Whatcom County Executive Approved as to form: Christopher Quinn Senior Deputy Prosecutor Date Date Page 3 2020 PRELEVEL - BID NO. 20-16 PROJECT LOCATION SUMMARY WITH QUANTITIES PROPOSED & ALTERNATE ROADS DESCRIPTION OF WORK This project includes all labor, equipment, and materials necessary to furnish, lay, and compact approximately 9,957 tons of Hot Mix Asphalt Class 3/8" at various locations (includes both Proposed and Alternate Roads). Other work will include flagging and tack coat. Tack coat is to be applied when matching road to asphalt driveway. For estimating purposes only, the average thickness of hot mix asphalt has been estimated at 1% inches (0.125-feet). All work shall be completed in accordance with the Special Provisions and the Standard Specifications, including the amendments thereto. All materials, equipment, labor, and other miscellaneous items required to complete the work shall be furnished by the Contractor. LOCATION AND ORDER OF WORK The project location and approximate tonnage at each location for Hot Mix Asphalt Class 3/8" are: Proposed Prelevel Locations Table Road No. Road Name Mile Post COUNTY ROADS: (in Order of I Total Lane i Feet Completion) C/L Miles Per Road + Tons Per 1 Road 21000 DOUGLAS RD 1.66 to 1.77 1151 0.11 109 21000 DOUGLAS RD 2.50 to 2.63 1373 0.13 130 21000 DOUGLAS RD 2.76 to 2.84 845 0.08 80 20930 OLSON RD 4.87 to 5.01 766 0.07 73 20930 OLSON RD 4.87 to 5.07 1 1040 0.10 99 Subtotal - Proposed County Roads 5,175 5,175 0.49 0.49 491 Subtotal -All Proposed Roads 491 Proposed Prelevel Worksheet - Alternate Roads Road Total Lane CA Miles) Tons Per No. Road Name Mile Post Feet Per Road Road 54630 KING MTN RD 0.41 to 0.44 285 0.03 30 54660 KLINE RD 0.05 to 0.25 2091 5924 0.20 199 54660 KLINE RD 0.25 to 0.81 0.56 563 55500 KELLY RD 0.04 to 0.25 2218 0.21 232 55500 KELLY RD 0.25 to 0.42 1806 0.17 189 55500 KELLY RD 0.78 to 0.92 1447 0.14 151 55500 KELLY RD 1.14 to 1.34 1072 0.10 112 55500 KELLY RD 1.21 to 1.51 850 0.08 89 55500 KELLY RD 1.69 to 1.94 1346 0.13 141 55500 KELLY RD 1.85 to 1.94 486 0.05 51 55500 KELLY RD 1.97 to 2.32 3738 0.35 391 55500 KELLY RD 2.82 to 2.97 1647 0.16 172 55500 KELLY RD 3.44 to 3.60 1668 0.16 174 55500 KELLY RD 3.91 to 3.95 348 0.03 36 54562 VAN WYCK RD (W OF SR 542) 0.15 to 0.40 2661 0.25 265 54562 VAN WYCK RD (W OF SR 542) 0.89 to 1.07 1922 0.18 192 54562 VAN WYCK RD (W OF SR 542) 1.29 to 1.42 665 0.06 66 Page 4 55550 NOON RD 0.42 to 0.83 4256 0.40 404 55550 NOON RD 1.20 to 1.40 2123 0.20 202 55550 NOON RD 1.87 to 2.04 1732 0.16 165 55500 KELLY RD 3.97 to 4.43 4868 0.46 509 55500 KELLY RD 4.80 to 4.93 1426 0.14 149 55500 KELLY RD 7.46 to 7.84 4076 0.39 426 73070 GRAVELINE RD 0 to 0.31 3295 0.31 313 73070 GRAVELINE RD 0.56 to 1.04 5090 0.48 484 73030 BYERS RD 0.43 to 0.66 2397 0.23 194 73750 ALDRICH RD 1.75 to 2.67 9715 1 0.92 923 Subtotal - Alternate Roads 69,152 6.55 6,822 Total Proposed and Alternate Roads 69,152 6.55 6,822 Additional locations may need to be included depending on the condition of the roadway at the time of work. Page 5 � #�mm�r�►�� ¢3:�ag�2 }$\ 0 a � S � Whatcom County Bid #20-16 Hot Mix Asphalt Prelevel at Various Locations BID PROPOSAL FORMS Page 7 of 59 Whatcom County Bid #20-16 Hot Mix Asphalt Prelevel at Various Locations BID PROPOSAL Date: March 17, 2020 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the contract documents entitled: "2020 Hot Mix Asphalt Prelevel at Various Locations", Whatcom County, Washington, including the 'Bid Procedures and Conditions", "Specifications and Conditions", "Contract Forms" and "Plans" governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said contract documents. Company Name: Granite Construction Company Submitted By: James A. Prouty, Senior Estimator (Name & Title of Authorized Official) Signature of Authorized Official; ��r^ Date: 03Oi-7/20 Page 8 of 59 VUhatcom County Bid #20-16 Hot Mix Asphalt Prelevel at Various Locations ITEM APPROXIMATE NO. QUANTITY 1, LUMP SUM 2. 1 LUMP SUM 3, 1 LUMP SUM 4. J LUMP SUM 5. 1 720 HOURS ITEM & WRITTEN UNIT PRICE UNIT PRICE TOTAL MOBILIZATION (Proposed Roads at Various Locations) -rr#a.rsOL-Nit, AMC, OOI.uDollars L.S. $ 2 (O, am, c5,0 (Written Lump Sum Price) MOBILIZATION (Alternate Roads at Various Locations) wiE q -rj+0vSAtjp 4,qt, du!/Jo Dollars L.S. $ IL, nc30, oo (Written Lump Sum Price) TRAFFIC CONTROL SUPERVISOR (TCS) [In accordance with WSDOT 2020 Standard Specifications] Fzvc- mo-us Ati,+u? d�'O/eao Dollars L.S. $ $ 000, oc> (Written Lump Sum Price) OTHER TEMPORARY TRAFFIC CONTROL [In accordance with WSDOT 2020 Standard Specifications] W x Q 714011S Dun AMO roc Dollars I L.S. $ 5,000,00 (Written Lump Sum Price) TRAFFIC CONTROL— FLAGGERS [In accordance with WSDOT 2020 Standard Specifications] FIFTY —CZVE AND 0O/oe Dollars SS' O® S 34,(Poo.co (Written Unit Price Per Hour) PER HOUR 6. 150 HOURS TRAFFIC CONTROL— OTHER TRAFFIC CONTROL LABOR [In accordance with WSDOT 2020Standard Spec] ST T Apio eo/ oo Dollars (Po' oo $i 000. 00 (Written Unit Price Per Hour) PER HOUR 7. FORCE ACCOUNT PAVEMENT REPAIR Ten Thousand Dollars & No/100 Cents F.A. $ 10,000.00 (Written Force Account Price) 8. FORCE ACCOUNT SEEDED LAWN INSTALLATION _Five Thousand Dollars & No1100 Cents F.A. $ 5,000.00 (Written Force Account Price) 9. 5 EACH (MAX.) RAISE/ADJUST ALL MANHOLE RINGS TO FINISHED GRADE. [See Section 1-04, Figure 1, page 19 ] �D�, co SGViFM A� ucht�co ANo �1a8 �GcAR� $ s-oo , oo (Written Price For 5 Manholes) PER MANHOLE 10. 491 TONS HOT MIX ASPHALT CLASS 3/8" (Proposed Roads at Various Locations) 11(v4 TV - SEvCN Rain tl'0a,, Dollars 87. oo $ 4 Z 7 `7 . o0 {Written Unit Price Per Ton) PER TON 11. 6,822 TONS HOT MIX ASPHALT CLASS 3/8" (Alternate Roads at Various Locations) 6:E%-T-tJINC APJ0 Owl o� Dollars 69. 00 $ q70 71 $, oD _ (Written Unit Price Per Ton) PER TON TOTAL $ (02 Page 9 of 59 Whatcom County Bid #20-16 Hot Mix Asphalt Prelevel at Various Locations TOTAL BID — ITEMS THROUGH 11 s%x bfLe TL-s6W7Y — f-2Gl4T-ro4w5A+iA fxvNr 4v"to,4-cTH IA,-rY - DOLLARS AN t> NO CENTS Written Total Price Page 10 of 59 Whatcom County Bid #20-16 Hot Mix Asphalt Prelevel at Various Locations NON -COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll -free "hotline" Monday through Friday, 8:00 AM to 5:00 PM Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. Page 11 of 59 Whatcom County Bid #20-16 Hot Mix Asphalt Prelevel at Various Locations PROPOSAL FOR INCORPORATING RECYCLED MATERIALS INTO THE PROJECT In compliance with a law that went into effect January 1, 2016 (SHB1695), the Bidder shall propose below the total percentage of construction aggregate and concrete materials to be incorporated into the Project that are recycled materials. Calculated percentages must be within the amounts allowed in Section 9-03.21(1)E, Table on Maximum Allowable Percent (By Weight) of Recycled Material, of the Standard Specifications. Proposed total percentage: 20 percent (maximum of 20% by weight). Note: Use of recycled materials is highly encouraged within the limits shown above, but does not constitute a Bidder Preference, and will not affect the determination of award. Regardless, the Bidder's stated proposed percentages will become a goal the Contractor should do its best to accomplish. Bidders will be required to report on recycled materials actually incorporated into the Project in accordance with the Standard Specifications in Section 1-06.6 of the Special Provisions. Bidder: Signature of Authorized Official: Date: Granite Construction Company a� "5/17/20 5,E` vla' Es;'1 n*ra.R Page 12 of 59 Whatcom County Bid #20-16 Hot Mix Asphalt Prelevel at Various Locations BIDDER IDENTIFICATION The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made, and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Firm Name: Granite Construction Company Address: 7017 Everson Goshen Rd. Everson, WA 98247 Telephone Number: (360) 676-2450 Fax Number: (360) 733-6735 Contact Name: Lance Chambers or James A. Prouty Contact Phone: (360) 676-2450 Contact Email: Bid.Whatcom@gcinc.com Contractor's WA Registration Number: 572,672-04 Contractor's WA UBI Number: 409-023-062 Contractor's WA Employment Security Number: 232166009 Contractor's WA Excise Tax Registration Number: 409-023-062 The Firm submitting this proposal is a: ❑ Sole Proprietorship ❑ Partnership ® Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: mC'aiE�10 sty NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. Page 13 of 59 Whatcom County Bid #20-16 Hot Mix Asphalt Prelevel at Various Locations BID PROPOSAL SIGNATURE AND ADDENDUM ACKNOWLEDGMENT The Bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions for this project. CASHIER'S CHECK ❑ DOLLARS CERTIFIED CHECK ❑ (s _ ) PAYABLE TO WHATCOM COUNTY PROPOSAL BOND ® ) IN THE AMOUNT OF 5% OF THE BID Receipt is hereby acknowledged by addendum(s) No.(s) , & (Proposal Must Be Signed) SIGNATURE OF AUTHORIZED OFFICIAL(S) �R,vjat Es-n A44ryrz (Seal) Firm Name: Granite Construction Company STATE OF 9h bn } ] ss. COUNTY OFbh�m'S� ] On this day of �( aL 2020, before me personally appeared [ �( ma C(,Prd u� to me known to be the person described in and who executed the above instrument "" wiedged to me 10� � A, FU the act of signing sealing thereof.,N""""""�4,� q' 1�61dH pyA , NOTARY � Lloenle No.149206 = NOTARY PUBLIC in and for the State of Washington, residing at N I 25 y� nI -z�-2ox3f � w�;s e My commission expires: DI [ abi ao0 a NOTE: This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from Whatcom County will be cause for considering the proposal irregular and for subsequent rejection of the bid. Page 14 of 59 Whatcom County Bid #20-16 Hot Mix Asphalt Prelevel at Various Locations BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Granite Construction Company of, California , as Principal, and Travelers Casualty and Surety Company of America a corporation organized and doing business under and by virtue of the laws of the State of Connecticut and duly licensed to conduct a general surety business in the State of Washington as Surety, are held and firmly bound unto Whatcom County, a Municipal Corporation and Charter County in the State of Washington, in the full and penal sum of five percent (5%) of the total amount of the bid proposal of said Principal for the work hereinafter described, for which payment, well and truly to be made, we firmly bind ourselves, our heirs, executors, administrators and assigns, and successors and assigns, jointly and severally by these presents. The condition of this bond is such that, whereas, the Principal herein is herewith submitting his or its bid proposal for 2020 Hot Mix Asphalt Prelevel at Various Locations said bid proposal, by reference thereto, being hereby made a part hereof. NOW, THEREFORE, if the said bid proposal submitted by the said Principal be accepted, and the contract be awarded to said Principal, and if said Principal shall duly make and enter into and execute said contract and shall furnish the performance bond as required by the bidding and contract documents within a period of ten (10) days from and after said award, exclusive of the day of such award, then its obligation to pay the above -mentioned penal sum as liquidated damages shall be null and void, otherwise it shall remain and be in full force and effect. SIGNED AND SEALED, this 10th day of March 2020. PRINCIPAL ATTORNEY -IN -FACT, SURETY Travelers Casualty and Surety Granite Construction Company Company of America Company Name ♦��• �tIION aft j+,� Company Name Sig Pure Si n I�Anq,s a- Pro V' �] pQ:� Isabel Barron Attorne in Fact Print /� a�•CA4:�•� `�� Print The Attorney -in -Fact (Resident Agent) wAymmamft this bond on behalf of the surety company must attach.? copy of his Power -of Attorney as evidence of his authority. Page 15 of 59 A notary public or other officer completing this certificate verifies only the identity ofthe individual ACKNOWLEDGMENT who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Cruz On March 10, 2020 before me, _ Maria Gomez, Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,- MARIA cUEZ w. COMM, #2259567 z Notary Public California - Santa Cruz County ~ R� Comm, Ex res Sep. 24, 2022 Signature�(Seal) Maria Gomez, Notary Public Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS-' St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Isabel Barron of WATSONVILLE California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. Cr... rty y; e naarwF g `MOW caaN.'� State of Connecticut City of Hartford ss. r By: l` Robert L. Raney, Se for Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My My Commission expires the 30th day of June, 2021O�-R' * �tG r Marie G. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates .of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsliriie to any Power of Attomey or to any certificate reiatIng thereto appointing Resident Vice Presidents, Resident Assistant Secrelodes or Attoriteys-in-Facl for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed avid certified by such facsimile signature and facsimile seal shall be valid and binding on the Company In the future with respect to any bond ur understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America: Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing) is a roue and correct ropy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 10th day of March , 2020 r `s W COHRVA W a �• ' LKevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please tali us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached. Whatcom County Bid #20-16 Hot Mix Asphalt Prelevel at Various Locations P o as �oG CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES (Original signed form must be submitted prior to contract award.) � ar A�kiN `' The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date March 4, 2020, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. — - G ran (Z 'Y -p 6 -n Bidder's Business Name 03 17 -0 Sign ure of Authorize Official* Date Printed Name oc Title V-V vt fJ' City Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ LA State Corporation 21( State of Incorporation, or if not a corporation, State where business entity was formed: l A- 6 I �1) r 0 i C-t- If a co -partnership, give firm name under which business is transacted: KA * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner. Page 16 of 59 GRANITE CONSTRUCTION COMPANY CERTIFICATE OF SECRETARY RESOLVED, that, effective January 1, 2020 through December 31, 2020, the individuals named on the attached Exhibit 1 are authorized to negotiate, execute and/or attest electronic and paper documents and contracts necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids, bid proposals, bid addenda and all other bid -related documents prepared and submitted on behalf of the Company not to exceed $25 million, relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED, that, effective January 1, 2020 through December 31, 2020, the individuals named on the attached Exhibit 2 are authorized to negotiate, execute and attest electronic and paper documents and contracts necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids, bid proposals, bid addenda and all other bid -related documents prepared and submitted on behalf of the Company not to exceed $75 million, relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED FURTHER, that the authority provided for herein shall be in accordance with applicable policies, procedures and limits of authority previously approved and the Granite Construction Incorporated Delegation of Authority and Policy then in effect. I, M. Craig Hall, do hereby certify that I am duly qualified as Secretary of GRANITE CONSTRUCTION COMPANY, a California corporation (the "Company'); that the foregoing is a true and correct copy of resolutions duly adopted effective January 1, 2020 by unanimous written consent of the Executive Committee of the Board of Directors, held without a meeting in accordance with the provisions of Article III, Section 9 of the Bylaws of the Company; that the Directors acting were duly and regularly elected; and that the resolution adopted has not been modified or repealed and is still in full force and effect. Dated: January 1, 2020 M. R U ti ►�� all An. 4 1 ' 0 922 ;�Z ff,���ffflllllE��\ EXHIBIT 2 AUTHORIZED SIGNERS Granite Construction Company Northwest Group AUTHORIZED SIGNERS Brian Dowd, VP Nevada Region Jason Klaumann, VP Utah Region Derek Betts, VP Alaska Region Todd A. Hill, VP Arizona Region Michael A. Stein, VP Washington Region Bradly Estes, VP Construction Materials EXHIBIT 1 AUTHORIZED SIGNERS Granite Construction Company Northwest Group Washington Region AUTHORIZED SIGNERS Michael A. Stein, VP Washington Region Cevin Ladwig Sr., Eastern WA Area Manager Paul Harding, Southwest WA/OR Area Manager Boudrey J. Smith, NW Washington Area Manager Jeremy Deemer, Construction Manager Nicholas Gerritsen, Construction Manager Sonny Chavez, Regional Controller Travis Walken, Chief Estimator Grant Youngren, Senior Estimator J. Peter Welch, Senior Estimator James A. Prouty, Senior Estimator Phil Meenach, Senior Estimator James Gartside, Senior Estimator Shane Berrett, Plants Manager Andrew B. Thompson, Project Manager Allen Chatriand, Project Manager Jason Halverson, Project Manager Cory Bell, Project Manager Cody Rettke, Project Manager Keith Majors, Material Sales Manager ATTESTORS Michael A. Stein, VP Washington Region Cevin Ladwig Sr., Eastern WA Area Manager Paul Harding, Southwest WA/OR Area Manager Boudrey J. Smith, NW Washington Area Manager Jeremy Deemer, Construction Manager Sonny Chavez, Regional Controller Nicolas Geiritsen, Construction Manager Travis Walken, Chief Estimator Grant Youngren, Senior Estimator J. Peter Welch, Senior Estimator James A. Prouty, Senior Estimator Phil Meenach, Senior Estimator James Gartside, Senior Estimator Shane Berrett, Plants Manager Andrew B. Thompson, Project Manager Jason Halverson, Project Manager Cody Rettke, Project Manager Brynna Bennett, Estimating Assistant Laurie Fuller, Estimating Assistant John Newby, Estimating Assistant Heather Young, Estimator Keri Lee Gross, Office Manager • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2020-147 File ID: AB2020-147 Version: 1 Status: Authorized File Created: 03/13/2020 Entered by: LReid@co.whatcom.wa.us Department: Sheriff's Office File Type: Interlocal Assigned to: Council Final Action: 04/07/2020 Agenda Date: 04/07/2020 Enactment #: Primary Contact Email: LReid@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the City of Bellingham to remove Yakima County Jail and add Kittitas County Jail as a Correctional Facility utilized by Whatcom County SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: See attachment HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council AUTHORIZED Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Attachments: Staff Memo, Proposed Amendment Whatcom County Page 1 Printed on 211012025 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF MEMORANDUM TO: Satpaul Sidhu, County Executive FROM: Bill Elfo, Sheriff PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 778-6600 RE: Jail Facility Use Agreement with Whatcom County Cities DATE: March 13, 2020 Enclosed is an Amendment to the Jail Use Agreement with the City of Bellingham. ■ Background and Purpose Whatcom County provides Correctional Facility Services to surrounding Whatcom County Cities. This Amendment adds Kittitas County as one of the Correctional Facilities. ■ Funding Amount and Source The amount will vary and will come from the City of Bellingham's budget. ■ Differences from Previous Contract This Amendment removes Yakima County Jail and adds Kittitas County Jail as a Correctional Facility utilized by Whatcom County Jail. If you have any questions, please contact Chief Wendy Jones at ext. 6505. Our Vision: The Office of Sheriff. Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 1 201806020-1 Originating Department: Sheriff Division/Program: (i.e. Dept Diwsionandpmgmm) Corrections/In Custody Contract or Grant Administrator: Wendy Jones Contractor's / Agency Name: City of Bellingham Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes 0 No Yes Q No (F) If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: 201806020 Does contract require Council Approval? Yes No () If No, include WCC: Already approved? Council Approved Date: (Exclusions see: Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes Q No O If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes 0 No (F) If yes, Whatcom County grant contract number(s): Is this contract the result of a REP or Bid process? Contract Yes () No Q If yes, RFP and Bid number(s): Cost Center: 118000 Is this agreement excluded from E-Verify? No o 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. ❑N Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract Council approval required for; all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ varies than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, prof services, or other $ capital costs approved by council in a capital budget appropriation ordinance. 3. Bid or award is for supplies. Total Amended Amount: $ 4. Equipment is included in Exhibit `B" of the Budget Ordinance. 5. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the Summary of Scope: developer of proprietary software currently used by Whatcom County. Whatcom County provides Correctional Facility Services to City inmates lawfully committed to custody. This Amendment adds Kittitas County Jail as one of the Correctional Facilities. Term of Contract: e months I Expiration Date: 06/30/2020 Contract Routing: Last edited 04/11/19 1. Prepared by: LR 2. Attorney signoff: 3. AS Finance reviewed:,�,�, 4. IT reviewed (if IT related): 5. Contractor signed: 6. Submitted to Exec.: Date: 12/l o/19 Date: 1'Z 17 t11 Date: Date: Date: .3 • 9 •2 O Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: Whatcom County Contract No. 201806020-1 INTERLOCAL JAIL FACILITY USE AGREEMENT FOR CORRECTIONS SERVICES BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM 2020 AMENDMENT ONE RECITALS A. Whatcom County has an existing Jail Use Agreement (JUA) with all Cities within the physical confines of Whatcom County. The agreement specifies the conditions under which Whatcom County will book and hold misdemeanor and gross misdemeanor offenders from those Cities. B. Due to a significant construction project at the downtown Whatcom County Jail, bed space at this facility will be reduced by approximately 48 beds starting the 15` quarter of 2020, increasing the need for alternate housing facilities. C. In response to the conditions specified in the JUA, the Cities and the County had previously made arrangements to house overflow offenders in the Yakima County Jail. D. The Yakima County Jail arrangement is no longer tenable, and an alternative solution has been presented to the Cities which is more fully explained in this amendment. E. Whatcom County has entered into an agreement with Kittitas County Corrections to hold offenders who are booked, and are, or would be, held in one of the Whatcom County Corrections facilities under the conditions specified in the original JUA. F. Whatcom County is willing to book and coordinate housing for all booked and held City offenders who fall under the original JUA, including housing at the Kittitas County Jail, if the individual City government agrees to participate in this arrangement and enter into this Agreement. AGREEMENT 1_0 Purpose of Agreement: This amendment modifies sections 4.3 and 4.4 of the current JUA, and an extension of the JUA (if it is extended), to address the circumstances set forth above. The term of this amendment shall be a two year period beginning January 1, 2020 and continuing through December 31, 2021, after which time the amendment shall no longer be in effect, unless specifically extended by mutual agreement PROVIDED that nothing in this amendment precludes the County or the City from terminating the amended agreement under the process described in the original JUA (Section 8). 2_0 Modification: Whatcom County has entered into an agreement with the Kittitas County Jail (KCJ) to hold offenders from Whatcom County. The agreement includes offenders being housed in the Whatcom County Jail on City Court charges. Under the Whatcom County agreement with KCJ, offenders who are being held in custody will be transported by Whatcom County to the KCJ in Ellensburg, WA. The offenders will also be transported by Whatcom County back to Whatcom County for release or for essential Court hearings. It is anticipated that there will be two (2) transports a week to the KCJ. The KCJ contract provides for alternative transportation in the event of an unanticipated release. In the event an offender is unexpectedly released from custody, and it will be longer than 24 hours for a transport to be available, KCJ has agreed to take the offender to the Greyhound bus station and purchase a ticket to Bellingham for the offender. The cost of the ticket will be reimbursed to KCJ, and included as a separate charge to the City/Cities with jurisdiction over the specific offender on their Whatcom County Jail Services billing. Individual Cities may elect to enter into their own housing agreement with KCJ. In that event, the original conditions of the JUA would be maintained; Whatcom County would not perform the duties outlined within this document and the individual City would assume the responsibility for transporting and tracking their offenders. 3_0 Process: For all Cities electing to participate in this program, and enter into this Amended Agreement, Whatcom County Corrections would be the coordinator of the KCJ housing and transport. Decisions about which offenders will be moved to KCJ will be made by Whatcom County Corrections and determined by a combination of the following considerations: A. Ability to be housed at the Work Center. B. Conviction Status (all offenders considered for KCJ will be post-15` appearance). C. Offense level (Felony versus Misdemeanor) D. Classification. E. Institutional behavior. F. Medical/Behavioral Health issues. G. DOC Status. H. Gender I. Future court dates J. Any other significant factor(s) related to the offender and housing. 3.1 Transportation: Whatcom County Transport teams will make two (2) trips to KCJ a week. Each Transport trip will deliver offenders to KCJ for housing, and pick up offenders who have scheduled release dates or are scheduled for Court. The specific days of the week for the transports have not yet been determined, but it is anticipated that they will be spread out over the week. Notification to participating Cities will be made as soon as the schedule is set. Each City will designate an individual or individuals who will be the central point of contact for essential Court appearances for that City, The liaisons for each participating City will work out the details for communicating Court dates and other Court business with the County Transport team. Notice will be given to each participating City on who the County Transport Coordinator will be no later than the first week of January. It is anticipated that this process will be based on the current system of notification between the Cities and the Transport team for Court appearances. 3.2 Access to Courts and visiting: KCJ is in the process of installing a new video court/visiting system and they anticipate this will be available to County and Cities for Court hearings, attorney access, and visits from family and friends at the first of 2020. Whatcom County is not responsible to the Cities for the quality or arrangements of this anticipated technology and access. 4.0 Finance: Offenders booked into the Whatcom County Jail and who are housed at KCJ will remain on the Whatcom County Jail Roster, with a notation on the roster designating that they are housed at KCJ. This will be similar to the current process that identifies offenders who are housed at the Work Center. Once a quarter, Whatcom County will be billed by KCJ for all offenders originating from the Whatcom County Jail, including offenders being held for participating Cities. Whatcom County will, in turn, bill the participating Cities at the Whatcom County per diem rate, under the same process as outlined in the JUA. This will allow Whatcom County to off -set the costs that are not included in the KCJ per diem but are included in the Whatcom County Jail per diem such as transportation to and from KCJ and routine medications. If it is necessary to 3 arrange transportation back from KCJ via bus for offenders being released from custody, that charge will be included for reimbursement from the City. In the event that extraordinary medical costs are incurred by a City offender, those charges will be paid and included in the City billing as described in the JUA. The KCJ cost schedule includes: Basic $66.50 per diem for general population offenders, This per diem does not include medications or transportation for local services such as doctor or dental appointments in Ellensburg, or health care services provided outside of the facility Charges for health care provided outside of the KCJ will be charged back to the City as outlined in the original JUA. High Maintenance offenders needing additional care and/or single cell housing: $133.00 per diem, with the additional charges for medication, outside services and transportation. Charges for health care provided outside of KCJ will be charged back to the City as outlined in the original JUA. KCJ also reserved the right to require that the offender be returned to Whatcom County if they are determined to be inappropriate for KCJ. If a City chooses not to participate in this agreement, they would continue their process for alternative housing for their offenders as described in the original JUA. 5.0: Alternatives: Whatcom County Cities are encouraged to have an additional facility contract available for offenders with acute medical and/or behavioral health needs that make them inappropriate for KCJ and possibly the Whatcom County Jail. The SCORE facility, located in Burien Washington, may have the resources to manage high maintenance offenders and the Cities may want to consider SCORE as a backup facility in addition to others the City may be aware of. 6.0: Summary: The existing JUA is the governing document for jail services, and nothing in this amendment is intended to deviate from those conditions other than as set forth in this Amendment. This amendment serves as an option for the local Cities to facilitate moving their offenders out of the Downtown Jail into housing at another facility for the reasons outlined in the JUA. M WHATCOM COUNTY: Recommends for Ap ro 1: "Oc- Bill Elf Sheriff Date Approved as to form: Prosecuting A rney Q Date Annroved• Accepted for Whatcom County: By: Satpal Sidhu, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of 20 _, before me personally appeared Satpal Sidhu, 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 CITY OF'BIBI:INGHAM: FXECUTED-this 4 day of , 20 for the City of Bellingham. yor, City ellingham Approve as to form: Office of the City Attorney Departmental Approval: STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this [' - day of hj�k 209 before me personally appeared .S Vt P1414)d to me known to be the Mayor of the City of Bellingham, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. �N\`\XWpCY,(Fit��� a` NOTARY SOS f0TA'P p� residing at (n 125879 y' expires /l 7,ih) V9L\G _'Z, O� VA SN\"' 11 in and for the State of Washington, My commission • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2020-170 File ID: AB2020-170 Version: 1 Status: Approved File Created: 04/06/2020 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Resolution Assigned to: Council Final Action: 04/07/2020 Agenda Date: 04/07/2020 Enactment #: RES 2020-013 Primary Contact Email: DBrown@co.whatcomma..us TITLE FOR AGENDA ITEM: Resolution proclaiming the week of April 6 - 12 National Public Health Week SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Resolution proclaiming the week of April 6 - 12 National Public Health Week HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council APPROVED Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Attachments: Agenda Bill Master Report, Approved Resolution 2020-013, Proposed Resolution, AGENDA REVISION NOTICE FOR 4.7.2020 Whatcom County Page 1 Printed on 211012025 • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2020-170 File ID: AB2020-170 Version: 1 Status: Approved File Created: 04/06/2020 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Resolution Assigned to: Council Final Action: 04/07/2020 Agenda Date: 04/07/2020 Enactment #: RES 2020-013 Primary Contact Email: DBrown@co.whatcomma..us TITLE FOR AGENDA ITEM: Resolution proclaiming the week of April 6 - 12 National Public Health Week SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Resolution proclaiming the week of April 6 - 12 National Public Health Week HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council APPROVED Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Attachments: Proposed Resolution, AGENDA REVISION NOTICE FOR 4.7.2020 Whatcom County Page 1 Printed on 411712020 • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2020-170 File ID: AB2020-170 Version: 1 Status: Approved File Created: 04/06/2020 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Resolution Assigned to: Council Final Action: 04/07/2020 Agenda Date: 04/07/2020 Enactment #: RES 2020-013 Primary Contact Email: DBrown@co.whatcom.wa..us TITLE FOR AGENDA ITEM: Resolution proclaiming the week of April 6 - 12 National Public Health Week SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Resolution proclaiming the week of April 6 - 12 National Public Health Week HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council APPROVED Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Attachments: Resolution, AGENDA REVISION NOTICE FOR 4.7.2020 Whatcom County Page 1 Printed on 411012020 PROPOSED BY: HEALTH INTRODUCTION DATE: APRIL 7, 2020 RESOLUTION NO. 2020-013 PROCLAMING NATIONAL PUBLIC HEALTH WEEK WHEREAS, the week of April 6-12, 2020, is National Public Health Week; and WHEREAS, since 1995, National Public Health Week has educated the public, policymakers and public health professionals about issues important to improving the public's health; and WHEREAS, public health professionals help communities prevent, prepare for, withstand and recover from the impact of a full range of health threats, including disease outbreaks, natural disasters and disasters caused by human activity; and WHEREAS, public health action, together with scientific and technologic advances, has played a major role in reducing and in some cases eliminating the spread of infectious disease, and in establishing today's disease surveillance and control systems; and WHEREAS, public health professionals in Whatcom County have expertise in environmental health, community health improvement, epidemiology, health communication, performance management, communicable disease control and prevention, behavioral health, housing, substance use disorder, veterans' services, and developmental disabilities. NOW, THEREFORE, be it resolved that the Whatcom County Council hereby proclaims the week of April 6-12, 2020, as National Public Health Week 2020 in Whatcom County and calls upon the people of Whatcom County to observe this week by helping our families, friends, neighbors, co-workers, and leaders better understand the value of public health and supporting great opportunities and to celebrate public health's accomplishments. APPROVED this 7tn day of APRIL , ®`�9it§9S8ld�pP,9l '� ' W HATCH ATTEST, �e;®®�a ����d WVATC, Dana.Browrn Davis, Igr4c1 thewouncil B ry B APPROVED' AI,FC.�2M;£ I )OA r % ivil Deputy`i�rosecutor 2020 chanan, Council PROPOSED BY: HEALTH INTRODUCTION DATE: APRIL 7, 2020 RESOLUTION NO. PROCLAMING NATIONAL PUBLIC HEALTH WEEK WHEREAS, the week of April 6-12, 2020, is National Public Health Week; and WHEREAS, since 1995, National Public Health Week has educated the public, policymakers and public health professionals about issues important to improving the public's health; and WHEREAS, public health professionals help communities prevent, prepare for, withstand and recover from the impact of a full range of health threats, including disease outbreaks, natural disasters and disasters caused by human activity; and WHEREAS, public health action, together with scientific and technologic advances, has played a major role in reducing and in some cases eliminating the spread of infectious disease, and in establishing today's disease surveillance and control systems; and WHEREAS, public health professionals in Whatcom County have expertise in environmental health, community health improvement, epidemiology, health communication, performance management, communicable disease control and prevention, behavioral health, housing, substance use disorder, veterans' services, and developmental disabilities. NOW, THEREFORE, be it resolved that the Whatcom County Council hereby proclaims the week of April 6-12, 2020, as National Public Health Week 2020 in Whatcom County and calls upon the people of Whatcom County to observe this week by helping our families, friends, neighbors, co-workers, and leaders better understand the value of public health and supporting great opportunities and to celebrate public health's accomplishments. APPROVED this day of ATTEST: Dana Brown Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor 2020 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair OM Co CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C.ZA COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 ? astr1 (360) 778-5010 NG,�O WHATCOM COUNTY COUNCIL AGENDA REVISION NOTICE FOR APRIL 7, 2020 THE FOLLOWING ITEMS HAVE BEEN ADDED TO THE COUNCIL AGENDA FOR TOMORROW: OTHER ITEMS 6. AB2020-170 Resolution proclaiming the week of April 6 - 12 National Public Health Week INTRODUCTION ITEMS 3. AB2020-168 Ordinance amending the Whatcom County 2020 Budget, Request No. 10, in the amount of $3,000,000 to fund expanded COVID-19 emergency response 4. AB2020-169 Ordinance authorizing an interfund loan to finance cash flow for COVID-19 emergency response COUNCILMEMBERS Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas CarolFrazey Kathy Kershner Whatcom County Agenda Bill Master Report File Number: AB2020-163 File ID: AB2020-163 Version: File Created: 03/24/2020 Entered by Department: Finance Division File Type: Assigned to: Council Agenda Date: 04/21/2020 2 MCaldwel@co.whatcom.wa.us Ordinance Primary Contact Email: mcaldwel@co.whatcom.wa.us TITLE FOR AGENDA ITEM: COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Status: Adopted Final Action: 04/21/2020 Enactment #: ORD 2020-019 Ordinance amending the 2020 Whatcom County Budget, request no. 9, in the amount of $261,127 (revised from original proposed amount to include only essential items) SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Supplemental #9 requests funding from the General Fund: 1. To appropriate $128,500 in Health to fund substance use prevention program increase from grant proceeds. 2. To appropriate $21,748 in Sheriff to fund Fraternal Order of Police settlement. (REMOVED FROM REQUEST) 3. To appropriate $37,600 in Sheriff to fund public safety communications manager one-time costs. (REMOVED FROM REQUEST) 4. To appropriate $91,962 in Sheriff to fund federal fiscal year 2018 Operation Stonegarden program. (REMOVED FROM REQUEST) 5. To decrease appropriation by ($21,748) in Non Departmental to transfer budget to Sheriff for Fraternal Order of Police settlement. (REMOVED FROM REQUEST) From the Homeless Housing Fund: 6. To appropropriate $32,627 in Health to fund increase in services from state consolidated housing grant proceeds. From the Public Utilities Improvement (EDI) Fund: 7. To appropriate $100,000 to fund preliminary design of NW Annex redevelopment project. Whatcom County Page 1 Printed on 211012025 Agenda Bill Master Report Continued (AB2020-163) HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council INTRODUCED Council Aye: 5 Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 Byrd, and Elenbaas 04/21/2020 Council ADOPTED Aye: 6 Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 Elenbaas Attachments: Agenda Bill Master Report, Adopted Ordinance 2020-019, Ordinance (Version1), Supporting Document, Substitute Ordinance (Version 2 - includes only essential items).pdf, Substitute Supplemental No. 9 Supporting Documents.pdf, Notice of Action Proposed for 4.21.2020, Notice of Action Taken on 4.21.2020 Whatcom County Page 2 Printed on 211012025 Whatcom County Agenda Bill Master Report File Number: AB2020-163 File ID: AB2020-163 Version: File Created: 03/24/2020 Entered by Department: Finance Division File Type: Assigned to: Council Agenda Date: 04/21/2020 2 MCaldwel@co.whatcom.wa.us Ordinance Primary Contact Email: mcaldwel@co.whatcom.wa.us TITLE FOR AGENDA ITEM: COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Status: Adopted Final Action: 04/21/2020 Enactment #: ORD 2020-019 Ordinance amending the 2020 Whatcom County Budget, request no. 9, in the amount of $261,127 (revised from original proposed amount to include only essential items) SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Supplemental #9 requests funding from the General Fund: 1. To appropriate $128,500 in Health to fund substance use prevention program increase from grant proceeds. 2. To appropriate $21,748 in Sheriff to fund Fraternal Order of Police settlement. (REMOVED FROM REQUEST) 3. To appropriate $37,600 in Sheriff to fund public safety communications manager one-time costs. (REMOVED FROM REQUEST) 4. To appropriate $91,962 in Sheriff to fund federal fiscal year 2018 Operation Stonegarden program. (REMOVED FROM REQUEST) 5. To decrease appropriation by ($21,748) in Non Departmental to transfer budget to Sheriff for Fraternal Order of Police settlement. (REMOVED FROM REQUEST) From the Homeless Housing Fund: 6. To appropropriate $32,627 in Health to fund increase in services from state consolidated housing grant proceeds. From the Public Utilities Improvement (EDI) Fund: 7. To appropriate $100,000 to fund preliminary design of NW Annex redevelopment project. Whatcom County Page 1 Printed on 412412020 Agenda Bill Master Report Continued (AB2020-163) HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council INTRODUCED Council Aye: 5 Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 Byrd, and Elenbaas Absent: 0 04/21/2020 Council ADOPTED Aye: 6 Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 Elenbaas Absent: 0 Attachments: Substitute Ordinance (Version 2 - includes only essential items).pdf, Substitute Supplemental No. 9 Supporting Documents.pdf Whatcom County Page 2 Printed on 412412020 • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2020-163 File ID: AB2020-163 Version: 2 Status: Adopted File Created: 03/24/2020 Entered by: MCaldwel@co.whatcom.wa.us Department: Finance Division File Type: Ordinance Assigned to: Council Agenda Date: 04/21/2020 Primary Contact Email: mcaldwel@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Final Action: 04/21/2020 Enactment #: ORD 2020-019 Ordinance amending the 2020 Whatcom County Budget, request no. 9, in the amount of $261,127 (revised from original proposed amount to include only essential items) SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Supplemental #9 requests funding from the General Fund: 1. To appropriate $128,500 in Health to fund substance use prevention program increase from grant proceeds. 2. To appropriate $21,748 in Sheriff to fund Fraternal Order of Police settlement. (REMOVED FROM REQUEST) 3. To appropriate $37,600 in Sheriff to fund public safety communications manager one-time costs. (REMOVED FROM REQUEST) 4. To appropriate $91,962 in Sheriff to fund federal fiscal year 2018 Operation Stonegarden program. (REMOVED FROM REQUEST) 5. To decrease appropriation by ($21,748) in Non Departmental to transfer budget to Sheriff for Fraternal Order of Police settlement. (REMOVED FROM REQUEST) From the Homeless Housing Fund: 6. To appropropriate $32,627 in Health to fund increase in services from state consolidated housing grant proceeds. From the Public Utilities Improvement (EDI) Fund: 7. To appropriate $100,000 to fund preliminary design of NW Annex redevelopment project. Whatcom County Page t Printed on 412412020 Agenda Bill Master Report Continued (AB2020-163) HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council INTRODUCED Council Aye: 5 Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 Byrd, and Elenbaas Absent: 0 04/21/2020 Council ADOPTED Aye: 6 Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner Nay: 1 Elenbaas Absent: 0 Attachments: Substitute Ordinance (Version 2 - includes only essential items).pdf, Substitute Supplemental No. 9 Supporting Documents.pdf Whatcom County Page 2 Printed on 412412020 PROPOSED BY: Executive INTRODUCTION DATE: 04/07/20 'ORDINANCE NO. 2020-019 AMENDMENT NO. 9 OF THE 2020 BUDGET WHEREAS, the 2019-2020 budget was adopted November 20, 2018; and, WHEREAS, changing circumstances require modifications to the approved 2019-2020 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 2019-2020 Whatcom County Budget Ordinance #2018-064 is hereby amended by adding the following additional amounts to the 2020 budget included therein: Fund Expenditures Revenues Net Effect General Fund Health 128,500 (128,500) - Slaeri€#- 151 3U 6— vow_ sz ion Depar-tr-ne-*ta]l (24,748) Md 7AR\ -Total Gene%d�and 268,062 (7?0A62) 37,,600 Total General Fund 128,500 (128,500) - Homeless Housing Fund 32,627 (32,627) - Public Utilities Improvement (EDI) Fund 100,000 - 100,000 —Total-Supplementa•1 -moo,--27,609 Total Supplemental 261,127 (161,127) 100,000 of Az r i m 6 Go ATLµ Dana�,-Browmt6unci.E-Clerk APPROVhD AS TO,F;O`RM: Approved by email/CQ/MC Civil Deputy Prosecutor 2020. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry B,ianan Chair of Coun cii Approved ( ) Denied g Satpal Sidhu, ounty Executive Date: �-A WHATCOM COUNTY Summary of the 2020 Supplemental Budget Ordinance No. 9 Department/Fund Description ncrease (Decreased) Expenditure (Increase Decreased Revenue e ec o Fund Balance (Increase) Decrease General Fund Health To fund substance use prevention program increase from grant proceeds 128,500 (128,500) Sheriff To fund-Fraternal-Order-ef o-Pol cc (F R).- -------- —---._....._....................-- -- - -- ........2�748.. Slierif� Tafund -public-safety eomm—u ca vTs Imager- eno-time coats _...--37�600 --._._...— -----�o� c rteo- sheriff-g1, Tc,4und4ederal-fiscal-yea-0peiation... Stenegarde+�-program g0.2_ ................................{81, 962 j -----.._....... Plon-Departmental Tom^ ^ase�wageeserveeaat+ad meve budget -to-S heriff-far -FOR settlement --------{-2-1-,,-7-48) ----...._. ---.._......_.R�F3) T,.f�-o<aloe„�,.,,e al-lZund -58,06.2 ------422"62) �,--� RO- Total General Fund 128,500 (128,500) - Homeless Housing Fund To fund increase in services from state consolidated housing grant proceeds 32,627 (32,627 ) Public Utilities Improvement (EDI) Fund To fund preliminary design of NW Annex redevelopment project 100,000 100,000 �et3l --,,.-mental inn aag _..__ 4- 7,608- PROPOSED BY: Executive INTRODUCTION DATE: 04/07/20 ORDINANCE NO. AMENDMENT NO. 9 OF THE 2020 BUDGET WHEREAS, the 2019-2020 budget was adopted November 20, 2018; and, WHEREAS, changing circumstances require modifications to the approved 2019-2020 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 2019-2020 Whatcom County Budget Ordinance #2018-064 is hereby amended by adding the following additional amounts to the 2020 budget included therein: Fund Expenditures Revenues Net Effect General Fund Health 128,500 (128,500) - Sheriff 151,310 91,962) 59,348 Non Departmental (21,748) - (21,748) Total General Fund 258,062 (220,462) 37,600 Homeless Housing Fund 32,627 (32,627) - Public Utilities Improvement (EDI) Fund 100,000 - 100,000 Total Supplemental 390,689 (253,089) 137,600 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk /_1»061T1: I07_v2to] 17i7:7►VAA Approved by email/KF/MC Civil Deputy Prosecutor 2020. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of Council ( ) Approved ( ) Denied Satpal Sidhu, County Executive Date: WHATCOM COUNTY Summary of the 2020 Supplemental Budget Ordinance No. 9 Increased (Increased) Net Effect to Fund (Decreased) Decreased Balance (Increase) Department/Fund Description Expenditure Revenue Decrease General Fund Health To fund substance use prevention program 128,500 (128,500) - increase from grant proceeds Sheriff To fund Fraternal Order of Police (FOP) 21,748 21,748 settlement Sheriff To fund public safety communications manager 37,600 37,600 one-time costs Sheriff To fund federal fiscal year 2018 Operation 91,962 (91,962) - Stonegarden program Non Departmental To decrease wage reserve account and move (21,748) (21,748) budget to Sheriff for FOP settlement Total General Fund 258,062 (220,462) 37,600 Homeless Housing Fund To fund increase in services from state 32,627 (32,627) - consolidated housing grant proceeds Public Utilities Improvement (EDI) Fund To fund preliminary design of NW Annex 100,000 100,000 redevelopment project Total Supplemental 390,689 (253,089) 137,600 PROPOSED BY: Executive INTRODUCTION DATE: 04/07/20 ORDINANCE NO. AMENDMENT NO. 9 OF THE 2020 BUDGET WHEREAS, the 2019-2020 budget was adopted November 20, 2018; and, WHEREAS, changing circumstances require modifications to the approved 2019-2020 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 2019-2020 Whatcom County Budget Ordinance #2018-064 is hereby amended by adding the following additional amounts to the 2020 budget included therein: Fund Expenditures Revenues Net Effect General Fund Health 128,500 (128,500) - cl.eFiff �� 151 z1n 1 roe 967\ 1 50 348 1 Non DepaFtFnental 748) 1 1 Total General Fund 1 1 1 600 Total General Fund 128,500 (128,500) - Homeless Housing Fund 32,627 (32,627) - Public Utilities Improvement (EDI) Fund 100,000 - 100,000 Total Supplemental 519,189 (381,589) 137,600 Total Supplemental 261,127 (161,127) 100,000 ADOPTED this day of , 2020. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Approved by email/CQ/MC Civil Deputy Prosecutor Barry Buchanan, Chair of Council ( ) Approved ( ) Denied Satpal Sidhu, County Executive Date: WHATCOM COUNTY Summary of the 2020 Supplemental Budget Ordinance No. 9 Department/Fund Description Increased(increased) (Decreased) Expenditure Decreased Revenue Net ec o Fund Balance (Increase) Decrease General Fund Health To fund substance use prevention program increase from grant proceeds 128,500 (128,500) - Sheriff To fund Fraternal Order of Police (FOP) settlement 71r744 21,748 Sheriff To fund public safety communications one time costs Sheriff To fund federal fiscal 2018 Operatic year Stonegardeen program YVtln Departmental To decrease w•••••• rnn..n account move-/71 7AlZ\ /717A 4\ budget get to Sheriff for FOP settlement Total General Fund 258,062 (220,462) 37,600 Total General Fund 128,500 (128,500) - Homeless Housing Fund To fund increase in services from state consolidated housing grant proceeds 32,627 (32,627) - Public Utilities Improvement (EDI) Fund To fund preliminary design of NW Annex redevelopment project 100,000 100,000 Total Supplemental 390,689 3 cnn Supplemental Budget Request Status: Pending Health Human Services Supp4 0 # 3041, i-und 1 Cost Center 675500 Originator. Kathleen Roy Year 2 2020 Add'I FTE ❑ Priority Name of Request: NSASO Substance Use Grant Increase r x r -�r .y -3( l Department Head Signature (Required on Hard Copy Submission) Date Costs: f Object 4333.9959 61 6610 Request Total la. Description of request: Object Description DASA Prevention Regular Salaries & Wages Contractual Services Amount Requested ($128,500) $20,000 $108, 500 so We are requesting increased spending authority for substance use prevention services due to an increase in the 2020 Substance Abuse Block Grant revenue. This funding will be used to increase services through contracted community partners to provide education about Opioid abuse prevention, as well as outreach services. These activities will include delivery of evidence -based practices, medication lock bag distribution, training and outreach and supportive services to clients. 1b. Primary customers: The community at large will receive education and medication lock bags; families with children as well as individuals at risk of Opioid abuse will receive direct services; training will be provided to service providers and prevention coalitions. 2. Problem to be solved. Opioid abuse and overdose deaths continue to occur in our county. 3a. Options / Advantages: Education, training and direct services have shown to be effective in reducing harm from Opioid use and abuse. 3b. Cost savings: Additional monies from this federal grant allow us to expand our current activities. 4a. Outcomes: An additional 1,240 individuals will be served and continue to achieve increased awareness, increased ability to safely secure Opioid medications as well as safe disposal, increased admissions to treatment, increased interaction with primary care providers about prescription medication. 4b. Measures: Number of additional trainings and people trained, number of medication lock bags distributed, number of contacts with treatment and service providers 5a. Other Departments/Agencies: None 5b. Name the person in charge of implementation and what they are responsible for. n/a 6. Funding Source: Federal Substance Abuse Block Grant through the North Sound Behavioral Health Administrative Service Friday, March 13, 2020 Rpl: Rut Suppl Regular Supplemental Budget Request Status: Pending Health Human Services 5upp'l la # 3041 Fund 9 Cost Center 675500 Originator: Kathleen Roy Organization. Friday, March 13, 2020 Apt: Rpt Suppl Regular Supplemental Budget Request Status: Pending Health Human Services Supp'! ID # 3040 Fund 122 Cost Center 122300 Originator: Kathleen Roy Year 2 2020 Add'I FTE ❑ Priority 1 Name of Request. State Consolidated Housing Grant :1 X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4334.0427 Homeless Grant Asst Program ($32,627) 6610 Contractual Services $30,780 ~ 8351 Operating Transfer Out $1,847 Request Total $0 1a. Description of request: We are requesting additional expenditure authority for State housing funds provided to the County through the Consolidated Homeless Grant (CHG). We are requesting spending authority for funds not spent in 2019 to use in 2020 contracts. This is a high priority as CHG funds are used to serve highly vulnerable families experiencing homelessness, as well as a small number of families with diversion from homelessness. We intend to spend all state funding available for this purpose. 1b. Primary customers: Families and children experiencing, or at high risk of homelessness. 2. Problem to be solved: This grant funding provides rental assistance for partner agencies to use for families experiencing or at - risk of homelessness. 3a. Options /Advantages: Rental assistance is derived from multiple sources locally; this is the best option because state funding supplements our local funding, allowing us to serve additional local families. Rental assistance is used for rapidly rehousing families with children, an evidence -based practice. Additionally, a small portion of the funding is dedicated for chronically homeless families, which is not time -limited. The length of time CHG rental assistance is available is typically 1 year, which provides adequate time for most families to develop alternate income for housing expenses. 3b. Cost savings: $30,780 is saved in local homeless housing funds by carrying over unspent state CHG funding from 2019 contracts. 4a. Outcomes: Quarterly outcomes will be reported on number of new families served; total # of families served; # of families that retained housing; # of families that returned to homelessness. 4b. Measures: Quarterly reports by the Opportunity Council will indicate outcomes, and the data reports are accessible to compare with quarterly reports. Contracts are monitored bi-annually. 5a. Other Departments/Agencies: No 5b. Name the person in charge of implementation and what they are responsible for. n/a Friday, March 13, 2020 Rpt • Rpt Supp! Regular Supplemental Budget Request Status: Pending Health Human Services SuppI io # 3040 Fund 122 Cost Center 122300 Originator. Kathleen Roy 6. Funding Source: The State Consolidated Homeless Grant through the WA State Department of Commerce. Frida.r. March 13, 2020 Rpt: Rpt Suppl Regular Supplemental Budget Request Status: Pending Non -Departmental Su,op91D # 3051 Fund 332 Cost Center 332407 Originator. Tawni Helms Year 2 2020 Add'I FTE El Priority Name of Request: NW Annex Redevelopment Project bo Department Head Si natue((Required on Hard Co py Submission) Date Costs. Object Object Description Amount Requested 6630 Professional Services $100,000 Request Total $100,000 la. Description of request: The project will include preliminary architectural design of the proposed three building master plan anticipated for the Capital Facilities redevelopment of the Northwest Annex site, including Design Development (DD), preliminary floor plans, construction methodolgy and type, and cost estimating and preliminary budget for construction and implemenation of the plan. 1b. Primary customers: Whatcom County Government, the public and our customers. 2. Problem to be solved. The Northwest Annex facility is dilapidated beyond feasible repair. Investing the County's limited funds to repair and restore would not be prudent. The existing facility does not support expansion needs of the departments that occupy the facility. Although previous costly efforts to make the 100 year building as energy efficient as possible have helped, the building is not operationally efficient. 3a. Options /Advantages: Whatcom County has extended the use of the current faciity well beyond its useful life. The County must act to redevelop the property to provide for eadequate and efficienty space for staff. 3b. Cost savings: There will be less budget spendton repairs and maintenance once a new facility is constructed. 4a. Outcomes: The design develoopment exercise will provide a valuable tool for the County in budget preparation and preparedness should funding become available. The County will be able to react much quicker to execute the plan once this exercise has been completed. 4b. Measures: The preliminary design, cost estimating and preliminary budget for construction will be submitted to the County. 5a. Other Departments/Agencies: Facilities Public Works Planning and Development Services 5b. Name the person in charge of implementation and what they are responsible for. Facilities, Rob Ney Public Works, Jon Hutchings Planning and Development Services, Mark Personius 6. Funding Source: Tuesday, March 24, 2020 Rpt: Rpt Suppi Regular Supplemental Budget Request Status: Pending Non -Departmental Supp'l !D # 3051 Fund 332 Public Utilities Improvement Fund Cost Center 332407 Originator: Tawnl Helms Tuesday, March 24, 2020 Rpt: Rpt Supp( Regular AFFIDAVIT OF PUBLICATION Account # I Ad Number I Identification IPC I Amount I Cols Denth 450919 0004622181 COUNCIL ACTION PROPOSED The Whatcom C 904750P $171.77 1 9.89 In Attention: Dana Brown -Davis, CIVIC s �' (s \_ 1 s £ ) \-, WHATCOM CO COUNCIL 311 GRAND AVE STE 105 ' `+�2020 BELLINGHAM, WA 982254038 Y CGt1Nt:1L ACTION PROPOSED INC Hr The 1Whatcorn County Council All consider adopting and may amend 1ho fol1Ltvoing at its April 21, 2020, ENDING THE, 2Jl2>a�'4"✓1-IA3L <7fd DNANCE a5Pr1coUpiTY' A 6 2 ®Z0 —I tv 3 8I)Dntf, RQUALST Nt'r. 9. IN T14E AMOUNT OF $330,689 032020 1631 This crd-marne rerJie.5ts fund- nno as follovj:,: Frrasn the %pnwlai Fund ,. $128,500 for Health Dopa€t- ment.. to ftrn� stdsstance use preuen- iion vrogranr, $21,748 for Vieriff t:� fmtd frat&rnal Order of Pollcva set- tfemRrQ, $37,600 for Sheriff to fund iwblic safsty communications mam ager un>Jtlifte Costs, and $91,962 for Sheriff to fund gmeral fiscal year 2015 Opuation Storegarden mgrain; fr'orn Flcmeless Housing Fund $32,627 for Heath to fund €nr'eFb'-.e in servires from state can- solida"ed Wusiug (rant Trsoceeds; frarn the Public it 46es Irnpruee- ment TD) Ftmd -5100,1300 to fund weirninary design of NVf Annex re- veloprfent project. This orb name x-s i*oduced on April 7, 21120. ORDINANCE CLOSING LIGHTHOUSE MARINE PARK IM- AbZO 20 - k LPy PROY'EMENT FUND 362 0132020- 1641. This ordinance would dissdm, and terse. the 2015 Lilghtlicuse Ma- rine Park knpromrrwent Fu11d 362 and its remaining cash balwices re - to. tlse Rul [,,btL E:!6se Tax it (BEET II) Fur9J. This ordiN3nce Cons mtrndwed on April 7, 2020, C1RD AMENDINGNANCL ` � �� Y01114TOM COUNTY BUDGET RE 6 ��7����i %EST NO. 10, IN TKi: AA4C.+UNT OF $3,CYJ,OW t482020-168): This or- driance tat!ufd apprapr,3te 3,G%tO,tIG�7 to fund expanded flc9Ll i3 errrergeacy res; wme servjces. This ordinance ways lr*o• duced on April 7, 2020, ORDI• ERF A1ITHOFr3ZIN(i R 04TAN �TERFtJNO LOAN TO FINANCE CASH FLOW FOR COF9019 EMER- CENCY RESPONSE (As2WV)-169): Trris ofdiname would auhotize the Whatca= County Teeasurer to mO.e an iroariiarhl aan irx" ifie Public Utild,cs Irnpretvelmeut Fund to the � k,OAOC-19 Emcxgency Response Fund for 1) refunding the emerger, ep loan nr cle rr Ordrr r+ e fi32f_ �[�AIMSC °¢ " �' � � I�20 415 and 2: far pf�4dd-1i &4matn cash Jlow for COVIi}19 "s 'sN,. v Jatxa Y 5t expanded ?; X p9t response. The Ivan !;hal not exceExI 4,W0,000 and mall be foe a term not exceea'OnE eighteen mont4s., k re -halt ,.percent interest shall he VICTORIA RODELA, being duly sworn, deposes and says: That he/she is the Principal Clerk of The Bellingham Herald, a daily newspaper printed and published in Bellingham, Whatcom County, State of Washington, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of six months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Bellingham Herald, as amended, for: Insertions Published On: April 12, 2020 (Principal Clerk) Subscribed and sworn on this 13th day of April in the year of 2020 before me, a Notary Public, personally appeared before me Victoria Rodela known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she executed the same. Not ry ublic in and for the state of as, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! cKpd on M Sam tilts Wdl, ,wre was invocliiced or April 7, 2P,2z',). URVANC;F ESTAKIS;IN G A PROCEtiS FOR l,'WORMATF-M TO W DSUGAD TO TO WGIVIT OF EIIAERGENC"Y RIANCEPAEN7, THIF ,'-'OUNTY LXLCUTIVE, IdIl OJNIIY -IEALTH KfORD AND T�F 'MIRINC� A HFAJ. i FrIFR- GIENCY 1162021,14'13j: This urdi. owice arrews wilatoolyl ccunly We 2CM340 r"w&j dW� sop d momwian in the eml 0 il obk lw,,alh Ris ordi, nrice wn MAW op W 7, 20a we w #w ommo wt- wuk pWc dKwab are no', onwi" W&KI kr mew wi Mir olfil:v.. Fic*,,,se (.!5[Tlijct I!s at Hblfl Mwo w us me NM ou tr Pel to pj Y!fl call Rls!) 'k-'rt mir viebsitp. ."wvi. c:vr118"tiorri_wzr.a5,rc+:r.rr it lur More 40THE BEI,I,INGHAM HERALD AFFIDAVIT OF PUBLICATION n 450919 0004631696 COUNCILACTION TAKEN The Whatcom Coun 904750P $100.36 1 5.78 In Attention: Dana Brown -Davis WHATCOM CO COUNCIL 311 GRAND AVE STE 105 BELLINGHAM, WA 982254038 COUNCIL ACTION TAKEN The Whatcom County Council adopt- ed the following at its April 21, 2020, meeting: ORDINANCE 12020-019) AMENDING THE 2020 WHATCOM COUNTY BUDG- ET, REQUEST N0, 9, IN THE AMOUNT OF $261,127 (REVISED FROM ORIGINAL PROPOSED AMOUNT TO INCLUDE ONLY ES- SENTIAL ITEMS) (AS2020.163): This ordnance requests funding as follows: From the General Fund - $128,500 for Health Department; Homeless Housing fund _ $32,627; from the Public Utilities improve - merit (EDIT Fund-$100,000 to fund preliminary design of MN Annex re- development. This ordinance was introduced on April 7, 2020. EMER- GENCY ORDINANCE 12020.020) AMENDING THE 2020 WHATCOM COUNTY BUDGET, REQUEST NO. 11. IN THE AMOUNT OF $154,946 (AB2020.177): This or- dinance is for emergency COVID-19 funding for urgent housing needs of low to moderate income citizens. This ordinance was introduced on April 21, 2020. ORDINANCE (202€1-021) ESTABLISHING A PROCESS FOR INFORMATION TO BE DISCLOSED TO THE DIVISION OF EMERGENCY MANAGEMENT, THE COUNTY EXECUTIVE, THE COUNTY HEALTH BOARD AND THE PUBLIC DURING A PUBLIC HEALTH EMERGENCY IAB2020- 173); This ordinance amends Whatcom County Code 24.01-M regarding disclosure of information in the event of a public health emer- gency. This ordinance was intro- duced on April 7, 2020. Due to the COV10-19 outbreak, public docu- ments are not currently available for review in our office. Please contact us at 1360) 778-5010 to discuss the best way to get meeting infor- mation to you. You can also visit us at www.co.whatcom.wa.us/council for more information. A a 2atiD - I (P3 A15ZO2.0 - 1-77 A82V 2,0 - ! 7 3 )�ECEIVEO VIA EMAIL. ON 51111202D '� 7P�my3 29•) 2D31 0, 2023 �y VICTORIA RODELA, being duly sworn, deposes and says: That he/she is the Principal Clerk of The Bellingham Herald, a daily newspaper printed and published in Bellingham, Whatcom County, State of Washington, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of six months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Bellingham Herald, as amended, for: Insertions Published On: April 26, 2020 V& (Principal Clerk) Subscribed and sworn on this 11th day of May in the year of 2020 before me, a Notary Public, personally appeared before me Victoria Rodela known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she exec a same - Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affldavlts. Leeal dfxurnent nle— do not d—f—I • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2020-164 File ID: AB2020-164 Version: 1 Status: Adopted File Created: 03/24/2020 Entered by: MCaldwel@co.whatcom.wa.us Department: Finance Division File Type: Ordinance Assigned to: Council Finance and Administrative Services Committee Final Action: 06/16/2020 Agenda Date: 06/16/2020 Enactment #: ORD 2020-033 Primary Contact Email: mcaldwel@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance closing the Lighthouse Marine Park Improvement Fund 362 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Requests closing of the 2015 Lighthouse Marine Park Improvement Fund 362 and remaining funds be returned to the Real Estate Excise Tax 11 Fund. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council INTRODUCED Council Aye: 5 Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 Byrd, and Elenbaas 06/16/2020 Council Finance and Administrative RECOMMENDED FOR Services Committee ADOPTION Aye: 3 Browne, Byrd, and Kershner Nay: 0 06/16/2020 Council ADOPTED Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Attachments: Agenda Bill Master Report, Adopted Ordinance 2020-033, Proposed Ordinance, Notice of Action Proposed for 4.21.2020, Notice of Action Taken on 6.16.2020 Whatcom County Page 1 Printed on 211012025 Agenda Bill Master Report Continued (AB2020-164) Whatcom County Page 2 Printed on 211012025 • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2020-164 File ID: AB2020-164 Version: 1 Status: Adopted File Created: 03/24/2020 Entered by: MCaldwel@co.whatcom.wa.us Department: Finance Division File Type: Ordinance Assigned to: Council Finance and Administrative Services Committee Final Action: 06/16/2020 Agenda Date: 06/16/2020 Enactment #: ORD 2020-033 Primary Contact Email: mcaldwel@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance closing the Lighthouse Marine Park Improvement Fund 362 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Requests closing of the 2015 Lighthouse Marine Park Improvement Fund 362 and remaining funds be returned to the Real Estate Excise Tax 11 Fund. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council INTRODUCED Council Aye: 5 Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 Byrd, and Elenbaas Absent: 0 06/16/2020 Council Finance and Administrative RECOMMENDED FOR Services Committee ADOPTION Aye: 3 Browne, Byrd, and Kershner Nay: 0 Absent: 0 06/16/2020 Council ADOPTED Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Whatcom County Page 1 Printed on 611712020 Agenda Bill Master Report Continued (AB2020-164) Attachments: Proposed Ordinance Whatcom County Page 2 Printed on 611712020 Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2020-164 File ID: AB2020-164 Version: 1 Status: Adopted File Created: 03/24/2020 Entered by: MCaldwel@co.whatcom.wa.us Department: Finance Division File Type: Ordinance Assigned to: Council Finance and Administrative Services Committee Final Action: 06/16/2020 Agenda Date: 06/16/2020 Enactment #: ORD 2020-033 Primary Contact Email: mcaldwel@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance closing the Lighthouse Marine Park Improvement Fund 362 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Requests closing of the 2015 Lighthouse Marine Park Improvement Fund 362 and remaining funds be returned to the Real Estate Excise Tax II Fund. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council INTRODUCED Council Aye: 5 Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 Byrd, and Elenbaas Absent: 0 06/16/2020 Council Finance and Administrative RECOMMENDED FOR Services Committee ADOPTION Aye: 3 Browne, Byrd, and Kershner Nay: 0 Absent: 0 06/16/2020 Council ADOPTED Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Whatcom County Page 1 Punted on 611712020 Agenda Bill Master Report Continued (AB2020-164) Attachments: Proposed Ordinance Whatcom County Page 2 Printed on 611712020 PROPOSED BY: Executive INTRODUCTION DATE: 04/07/20 ORDINANCE NO. 2020-033 CLOSING LIGHTHOUSE MARINE PARK IMPROVEMENT FUND 362 WHEREAS, on November 25, 2014 Ordinance 2014-078 created 2015 Lighthouse Marine Park Improvement Fund 362 and established a project based budget for this capital project; and WHEREAS, Real Estate Excise Tax II (REET II) Fund contributed $328,500 towards the project; and WHEREAS, the project has now been completed; and WHEREAS, the project fund is no longer needed, and WHEREAS, the current cash balance in the project fund is $721; and WHEREAS, remaining cash in the fund should be returned to the REET II Fund; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2015 Lighthouse Marine Park Improvement Fund 362 be dissolved and its remaining cash balance returned to the REET II Fund. ��®Fgtg41iB6ifpp��® o �tJt7P�DUt1ta G'rT6t6,,day of June jx- ATE Dana'`Rrown-Davis; Cou"nctl°Clerk RPROVED AS TO FORM; ivil Deputy Prosecutor 2020. WHATCOM COUNTY COUNCIL /--'WHATCO COUNTY�WASHINGTON Baky_ buchangn, Chair of the Council Approved ( ) De - d Satpal Sidhu, u ty Executive Date: 1K1 Z0?-e> PROPOSED BY: Executive INTRODUCTION DATE: 04/07/20 ORDINANCE NO. CLOSING LIGHTHOUSE MARINE PARK IMPROVEMENT FUND 362 WHEREAS, on November 25, 2014 Ordinance 2014-078 created 2015 Lighthouse Marine Park Improvement Fund 362 and established a project based budget for this capital project; and WHEREAS, Real Estate Excise Tax II (REET II) Fund contributed $328,500 towards the project; and WHEREAS, the project has now been completed; and WHEREAS, the project fund is no longer needed, and WHEREAS, the current cash balance in the project fund is $721; and WHEREAS, remaining cash in the fund should be returned to the REET II Fund; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2015 Lighthouse Marine Park Improvement Fund 362 be dissolved and its remaining cash balance returned to the REET II Fund. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk PROVED AS TO FORM: "-Civil Deputy Prosecutor 2020. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of the Council ( ) Approved ( ) Denied Satpal Sidhu, County Executive Date: AFFIDAVIT OF PUBLICATION Account # I Ad Number I Identification IPC I Amount I Cols Denth 450919 0004622181 COUNCIL ACTION PROPOSED The Whatcom C 904750P $171.77 1 9.89 In Attention: Dana Brown -Davis, CIVIC s �' (s \_ 1 s £ ) \-, WHATCOM CO COUNCIL 311 GRAND AVE STE 105 ' `+�2020 BELLINGHAM, WA 982254038 Y CGt1Nt:1L ACTION PROPOSED INC Hr The 1Whatcorn County Council All consider adopting and may amend 1ho fol1Ltvoing at its April 21, 2020, ENDING THE, 2Jl2>a�'4"✓1-IA3L <7fd DNANCE a5Pr1coUpiTY' A 6 2 ®Z0 —I tv 3 8I)Dntf, RQUALST Nt'r. 9. IN T14E AMOUNT OF $330,689 032020 1631 This crd-marne rerJie.5ts fund- nno as follovj:,: Frrasn the %pnwlai Fund ,. $128,500 for Health Dopa€t- ment.. to ftrn� stdsstance use preuen- iion vrogranr, $21,748 for Vieriff t:� fmtd frat&rnal Order of Pollcva set- tfemRrQ, $37,600 for Sheriff to fund iwblic safsty communications mam ager un>Jtlifte Costs, and $91,962 for Sheriff to fund gmeral fiscal year 2015 Opuation Storegarden mgrain; fr'orn Flcmeless Housing Fund $32,627 for Heath to fund €nr'eFb'-.e in servires from state can- solida"ed Wusiug (rant Trsoceeds; frarn the Public it 46es Irnpruee- ment TD) Ftmd -5100,1300 to fund weirninary design of NVf Annex re- veloprfent project. This orb name x-s i*oduced on April 7, 21120. ORDINANCE CLOSING LIGHTHOUSE MARINE PARK IM- AbZO 20 - k LPy PROY'EMENT FUND 362 0132020- 1641. This ordinance would dissdm, and terse. the 2015 Lilghtlicuse Ma- rine Park knpromrrwent Fu11d 362 and its remaining cash balwices re - to. tlse Rul [,,btL E:!6se Tax it (BEET II) Fur9J. This ordiN3nce Cons mtrndwed on April 7, 2020, C1RD AMENDINGNANCL ` � �� Y01114TOM COUNTY BUDGET RE 6 ��7����i %EST NO. 10, IN TKi: AA4C.+UNT OF $3,CYJ,OW t482020-168): This or- driance tat!ufd apprapr,3te 3,G%tO,tIG�7 to fund expanded flc9Ll i3 errrergeacy res; wme servjces. This ordinance ways lr*o• duced on April 7, 2020, ORDI• ERF A1ITHOFr3ZIN(i R 04TAN �TERFtJNO LOAN TO FINANCE CASH FLOW FOR COF9019 EMER- CENCY RESPONSE (As2WV)-169): Trris ofdiname would auhotize the Whatca= County Teeasurer to mO.e an iroariiarhl aan irx" ifie Public Utild,cs Irnpretvelmeut Fund to the � k,OAOC-19 Emcxgency Response Fund for 1) refunding the emerger, ep loan nr cle rr Ordrr r+ e fi32f_ �[�AIMSC °¢ " �' � � I�20 415 and 2: far pf�4dd-1i &4matn cash Jlow for COVIi}19 "s 'sN,. v Jatxa Y 5t expanded ?; X p9t response. The Ivan !;hal not exceExI 4,W0,000 and mall be foe a term not exceea'OnE eighteen mont4s., k re -halt ,.percent interest shall he VICTORIA RODELA, being duly sworn, deposes and says: That he/she is the Principal Clerk of The Bellingham Herald, a daily newspaper printed and published in Bellingham, Whatcom County, State of Washington, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of six months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Bellingham Herald, as amended, for: Insertions Published On: April 12, 2020 (Principal Clerk) Subscribed and sworn on this 13th day of April in the year of 2020 before me, a Notary Public, personally appeared before me Victoria Rodela known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she executed the same. Not ry ublic in and for the state of as, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! cKpd on M Sam tilts Wdl, ,wre was invocliiced or April 7, 2P,2z',). URVANC;F ESTAKIS;IN G A PROCEtiS FOR l,'WORMATF-M TO W DSUGAD TO TO WGIVIT OF EIIAERGENC"Y RIANCEPAEN7, THIF ,'-'OUNTY LXLCUTIVE, IdIl OJNIIY -IEALTH KfORD AND T�F 'MIRINC� A HFAJ. i FrIFR- GIENCY 1162021,14'13j: This urdi. owice arrews wilatoolyl ccunly We 2CM340 r"w&j dW� sop d momwian in the eml 0 il obk lw,,alh Ris ordi, nrice wn MAW op W 7, 20a we w #w ommo wt- wuk pWc dKwab are no', onwi" W&KI kr mew wi Mir olfil:v.. Fic*,,,se (.!5[Tlijct I!s at Hblfl Mwo w us me NM ou tr Pel to pj Y!fl call Rls!) 'k-'rt mir viebsitp. ."wvi. c:vr118"tiorri_wzr.a5,rc+:r.rr it lur More Ag2020- oqt, D93, 11v4, 214, 224, 221-y 4DTHE BEI,I,INGHAM HERALD AFFIDAVIT OF PUBLICATION Account# I Ad Number Identifiration I PO I Amount I Colsth 450919 0004676823 COUNCIL ACTION TAKEN The Whatcom Count 904750P $270.20 2 7.78 In Attention: NaDean Hanson WHATCOM CO COUNCIL 311 GRAND AVE STE 105 BELLINGHAM, WA 982254038 COUNCIL ACTION TAKEN The '#VtmW m County CD!nci adopted the foWwing at its June 16, 2020 meeting: MINANCE 16 20.065 ADVISORY GROUPS t� W"ATCOM covmy t. UNTY Flti A SZ020 - OR I MTECiit>Iti OISTRICTS (A82020491): This ordinance removes term limits for Portage Bay and Drayton Harbor Shrailsh Protection District a&i& sort' committee members. This provides an opportunity for interested adof sort' committee merribers to remain engaged it the conimiltee after serwrg Pnn terms. This ordnance was introduced )Arch 10, 2020. ORDNANCE� PUBLc RECORDS, TO NDS WHATCOU roil �tE�'clEm Ex. A 82v20 - 043 MU5TION Of ADMINISTRATIVE NEMEDII S (A9202-093►1 This ord* rrance deteles %VCC 1.32.070 tol and le ) currently requiring a requester to exhaust adnunistratiare remedies txiot to txngng suit under the Publc Re. cords Act, This ordnance was introduced March 10.2020 ORDINANCE 12020433) CLOSMVG UMMUSE MARM+tE PARK MN• A ZZ020 — i LP y iPROifkMENT FUND $62 (A'82020•Ift This ordnance assolves and closes the 2016 Lighthouse hiarine Paris Improvement Fuld 362 and Its m reaming cast balances telrrn to the Real Estate Excise Tax I (REST h) Fund. This ordinance was introduced on April 7, 2020, ORDINANCE (20 0434) SIMPENOM+IG WHATC4M COUNTY CODE 1.28 TO UPDATE THE CORRECTIONAL FACILITIES OPERATIONAL STANDARDS (AB2020-214I: TW ordinance temporarily suspends Whatcom County Code Chapter 1.28 in its entirely for up to twelve months, beginning Juty B, 2020, The vrhatcom County Sheaf's Office correctional la cility standards. as cbUctwety established through various documents, irr eluding, but not lirrated to, written general policies, cotrectica!s bureau op- erational policies and procedures, the Sheriff's Office Rules and Regulations Manual, and the Uniform Building Cade, are temporarily adopted in its place. This ordinance was introduced Jane 2, 2020. ORDNANCE (20204") AMENDING THE 2020 WM7rOOM COUNTY t3tMfW, REQUEST NO. 13, IN THE AMOUNT OF $13,153.598 IASZO2O.2241t This ort#neir!ce request funding from the General Fund: To appropriate $32,000 in Health to fund O ND•19 flex funding from sub, stance abuse block grant proceeds. From the Election Reserve Fund: to at). propriafe $286.098 to fund ballot sorted equiprnent from CARES Act grant. From the Behavioral Health Programs fund: To appropriate S6a,000 to fond increase in (MCE project hir4nR from ACH grant, From tite COM -19 Emergency Response Fund: To appropriate $12,391,500 to fund COMD•19 community response programs from CARES Act grant. From the Real Estate Excise Tax it Fund: To appropriate $380,000 to fund transfer it support of construction phase of Northshore/EOgewaler Stoirawater improvement Ploj ect. This ordinano was introduced June 2, 2020. 1~ ORDINANCE 12020.036j ANIENINNG THE PROJECT SUOMI FOR IM it"SHORE DRIV"DGEWAM LANE 6TOftWA 1IG9RRKI'VEV AENIT FIND, RIQ!!ES'I' NO,1 (AOMO-2261., This ordinane tfuests appropriation of 380,000 to fund the construction phas aY Northshore Ekwe/Edgewater lane storrmxater Irryxouemom project 4,ba funded by a transfer from Real Estate Excise Taal II fund, Ttns ordnance was introduced June 2, 2020. Due to the COVO-19 outbreak, public documents are Currently unavailable for review in the Council Office. Please call (360) 778,5010 it you have ,questions, or visit for more information. A52DZ()- 2-14 ASM0 - 2.24 A82010 - 22do AMBAR IJZARRAGA My Notary ID # 132031291 Expires May 30, 2023 VICTORIA RODELA, being duly sworn, deposes and says: That he/she is the Principal Clerk of The Bellingham Herald, a daily newspaper printed and published in Bellingham, Whatcom County, State of Washington, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of six months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Bellingham Herald, as amended, for: 1 Insertions Published On: June 21. 2020 K& C�(I� (Principal Clerk) Subscribed and sworn on this 1 Oth day of July in the year of 2020 before me, a Notary Public, personally appeared before me Victoria Rodela known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she executed the same. Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! Dated June 17 WRATOW COUNTY CaINCII WHAT{XJMCOUNTY, WASMN1,13TON Cnur al and fCZDDOSChait8arryBaelSanwi Clefkof the Cotwii Vana BrcrkvmDan5 • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2020-168 File ID: AB2020-168 Version: 1 Status: Withdrawn File Created: 04/06/2020 Entered by: MCaldwel@co.whatcom.wa.us Department: Finance Division File Type: Ordinance Assigned to: Council Final Action: 04/21/2020 Agenda Date: 04/21/2020 Enactment #: Primary Contact Email: mcaldwel@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance amending the Whatcom County 2020 Budget, Request No. 10, in the amount of $3,000,000 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Supplemental #10 requests funding in the COVID-19 Emergency Response Fund: 1. To appropriate $3,000,000 to fund expanded COVID-19 emergency response services. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council INTRODUCED Council Aye: 5 Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 Byrd, and Elenbaas 04/21/2020 Council WITHDRAWN Attachments: Proposed Ordinance, Supporting Documentation, AGENDA REVISION NOTICE FOR 4.7.2020, AGENDA REVISION NOTICE FOR 4.21.2020, Notice of Action Proposed for 4.21.2020 Whatcom County Page 1 Printed on 211012025 PROPOSED BY: Executive SPONSORED BY: Donavan, Buchanan INTRODUCTION DATE: 04/07/20 ORDINANCE NO. AMENDING THE WHATCOM COUNTY 2020 BUDGET, REQUEST NO. 10. IN THE AMOUNT OF $3,000,000 WHEREAS, the 2019-2020 budget was adopted November 20, 2018; and, WHEREAS, changing circumstances require modifications to the approved 2019-2020 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 2019-2020 Whatcom County Budget Ordinance #2018-064 is hereby amended by adding the following additional amounts to the 2020 budget included therein: Fund Expenditures Revenues Net Effect COVID-19 Emergency Response Fund 3,000,000 - 3,000,000 Total Supplemental 3,000,000 - 3,000,000 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor , 2020. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of Council ( ) Approved ( ) Denied Satpal Sidhu, County Executive Date: Supplemental Budget Request status: Pending Council Supp'i ID # 3053 Fund 134 Cost Center 134100 Originator. Donovan/Buchanan Expenditure Type: One -Time Year 2 2020 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Increase Funding for COVID-19 Response X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested u E2241 Interfund Loans Payable ($3,000,000) E6610 Contractual Services $3,000,000 [Request Total $0 la. Description of request: Increase amount available needed to provide an adequate response to the COVID-19 emergency. 1b. Primary customers: Citizens of Whatcom County 2. Problem to be solved: The County Executive has issued a Proclamation of Emergency to combat the spread of the COVID-19 virus. The spread of the virus presents a continuing threat to the health and safety of the citizens of Whatcom County. The County has established the COVID-19 Emergency Response Fund to track restricted and committed revenues in response to the COVID-19 outbreak. Adequate cash flow and budget authority is needed in the COVID-19 Emergency Response Fund to fund the County's response due to the processing time required to receive expected local, state, and federal FEMA assistance and reimbursements. 3a. Options / Advantages: Other options do not provide the efficiency and effectiveness needed to respond to this emergency. 3b. Cost savings: It is expected that local, state and federal FEMA assistance and reimbursements will provide funding for the fund's expenditures. 4a. Outcomes: Upon signature adequate resources will be available to fund emergency response as needed. 4b. Measures: 5a. Other Departments/Agencies: Public Utilities Improvement Fund (EDI) will provide a temporary loan for cashflow. The Treasurer will be authorized to provide the interfund loan. Unified Command, Finance, Executive's Office. 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Temporary Loan from Public Utilities Improvement Fund to be repaid from federal, state and local reimbursements. Monday, April 06, 2020 Rpt: Rpt Suppl Regular OM Co CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C.ZA COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 ? astr1 (360) 778-5010 NG,�O WHATCOM COUNTY COUNCIL AGENDA REVISION NOTICE FOR APRIL 7, 2020 THE FOLLOWING ITEMS HAVE BEEN ADDED TO THE COUNCIL AGENDA FOR TOMORROW: OTHER ITEMS 6. AB2020-170 Resolution proclaiming the week of April 6 - 12 National Public Health Week INTRODUCTION ITEMS 3. AB2020-168 Ordinance amending the Whatcom County 2020 Budget, Request No. 10, in the amount of $3,000,000 to fund expanded COVID-19 emergency response 4. AB2020-169 Ordinance authorizing an interfund loan to finance cash flow for COVID-19 emergency response COUNCILMEMBERS Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas CarolFrazey Kathy Kershner OM Co CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C.ZA COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 ? astr1 (360) 778-5010 NG,�O WHATCOM COUNTY COUNCIL AGENDA REVISION NOTICE FOR APRIL 21, 2020 COUNCILMEMBERS Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas CarolFrazey Kathy Kershner THE FOLLOWING ITEMS HAVE BEEN WITHDRAWN FROM THE COUNCIL AGENDA FOR TOMORROW: OTHER ITEMS 4. AB2020-167 Request authorization for the County Executive to amend a contract between Whatcom County and U.S. Department of Agriculture, Forest Services Baker Lake overtime patrols modifying the Annual Operating Plan in the amount of $21,900.00 for 2020 with estimated period beginning May 1, 2020 and ending September 30, 2020 and updates to the contact information for Whatcom County AB2020-168 Ordinance amending the Whatcom County 2020 Budget, Request No. 10, in the amount of $3,000,000 to fund expanded COVID-19 emergency response 6. AB2020-169 Ordinance authorizing an interfund loan to finance cash flow for COVID-19 emergency response AFFIDAVIT OF PUBLICATION Account # I Ad Number I Identification IPC I Amount I Cols Denth 450919 0004622181 COUNCIL ACTION PROPOSED The Whatcom C 904750P $171.77 1 9.89 In Attention: Dana Brown -Davis, CIVIC s �' (s \_ 1 s £ ) \-, WHATCOM CO COUNCIL 311 GRAND AVE STE 105 ' `+�2020 BELLINGHAM, WA 982254038 Y CGt1Nt:1L ACTION PROPOSED INC Hr The 1Whatcorn County Council All consider adopting and may amend 1ho fol1Ltvoing at its April 21, 2020, ENDING THE, 2Jl2>a�'4"✓1-IA3L <7fd DNANCE a5Pr1coUpiTY' A 6 2 ®Z0 —I tv 3 8I)Dntf, RQUALST Nt'r. 9. IN T14E AMOUNT OF $330,689 032020 1631 This crd-marne rerJie.5ts fund- nno as follovj:,: Frrasn the %pnwlai Fund ,. $128,500 for Health Dopa€t- ment.. to ftrn� stdsstance use preuen- iion vrogranr, $21,748 for Vieriff t:� fmtd frat&rnal Order of Pollcva set- tfemRrQ, $37,600 for Sheriff to fund iwblic safsty communications mam ager un>Jtlifte Costs, and $91,962 for Sheriff to fund gmeral fiscal year 2015 Opuation Storegarden mgrain; fr'orn Flcmeless Housing Fund $32,627 for Heath to fund €nr'eFb'-.e in servires from state can- solida"ed Wusiug (rant Trsoceeds; frarn the Public it 46es Irnpruee- ment TD) Ftmd -5100,1300 to fund weirninary design of NVf Annex re- veloprfent project. This orb name x-s i*oduced on April 7, 21120. ORDINANCE CLOSING LIGHTHOUSE MARINE PARK IM- AbZO 20 - k LPy PROY'EMENT FUND 362 0132020- 1641. This ordinance would dissdm, and terse. the 2015 Lilghtlicuse Ma- rine Park knpromrrwent Fu11d 362 and its remaining cash balwices re - to. tlse Rul [,,btL E:!6se Tax it (BEET II) Fur9J. This ordiN3nce Cons mtrndwed on April 7, 2020, C1RD AMENDINGNANCL ` � �� Y01114TOM COUNTY BUDGET RE 6 ��7����i %EST NO. 10, IN TKi: AA4C.+UNT OF $3,CYJ,OW t482020-168): This or- driance tat!ufd apprapr,3te 3,G%tO,tIG�7 to fund expanded flc9Ll i3 errrergeacy res; wme servjces. This ordinance ways lr*o• duced on April 7, 2020, ORDI• ERF A1ITHOFr3ZIN(i R 04TAN �TERFtJNO LOAN TO FINANCE CASH FLOW FOR COF9019 EMER- CENCY RESPONSE (As2WV)-169): Trris ofdiname would auhotize the Whatca= County Teeasurer to mO.e an iroariiarhl aan irx" ifie Public Utild,cs Irnpretvelmeut Fund to the � k,OAOC-19 Emcxgency Response Fund for 1) refunding the emerger, ep loan nr cle rr Ordrr r+ e fi32f_ �[�AIMSC °¢ " �' � � I�20 415 and 2: far pf�4dd-1i &4matn cash Jlow for COVIi}19 "s 'sN,. v Jatxa Y 5t expanded ?; X p9t response. The Ivan !;hal not exceExI 4,W0,000 and mall be foe a term not exceea'OnE eighteen mont4s., k re -halt ,.percent interest shall he VICTORIA RODELA, being duly sworn, deposes and says: That he/she is the Principal Clerk of The Bellingham Herald, a daily newspaper printed and published in Bellingham, Whatcom County, State of Washington, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of six months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Bellingham Herald, as amended, for: Insertions Published On: April 12, 2020 (Principal Clerk) Subscribed and sworn on this 13th day of April in the year of 2020 before me, a Notary Public, personally appeared before me Victoria Rodela known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she executed the same. Not ry ublic in and for the state of as, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! cKpd on M Sam tilts Wdl, ,wre was invocliiced or April 7, 2P,2z',). URVANC;F ESTAKIS;IN G A PROCEtiS FOR l,'WORMATF-M TO W DSUGAD TO TO WGIVIT OF EIIAERGENC"Y RIANCEPAEN7, THIF ,'-'OUNTY LXLCUTIVE, IdIl OJNIIY -IEALTH KfORD AND T�F 'MIRINC� A HFAJ. i FrIFR- GIENCY 1162021,14'13j: This urdi. owice arrews wilatoolyl ccunly We 2CM340 r"w&j dW� sop d momwian in the eml 0 il obk lw,,alh Ris ordi, nrice wn MAW op W 7, 20a we w #w ommo wt- wuk pWc dKwab are no', onwi" W&KI kr mew wi Mir olfil:v.. Fic*,,,se (.!5[Tlijct I!s at Hblfl Mwo w us me NM ou tr Pel to pj Y!fl call Rls!) 'k-'rt mir viebsitp. ."wvi. c:vr118"tiorri_wzr.a5,rc+:r.rr it lur More • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2020-169 File ID: AB2020-169 Version: 1 Status: Withdrawn File Created: 04/06/2020 Entered by: MCaldwel@co.whatcom.wa.us Department: Finance Division File Type: Ordinance Assigned to: Council Final Action: 04/21/2020 Agenda Date: 04/21/2020 Enactment #: Primary Contact Email: mcaldwel@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance authorizing an interfund loan to finance cash flow for COVID-19 emergency response SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Requests authorization for a temporary $4 million cash flow loan from the Public Utilities Improvement Fund (EDI Fund) to the COVID-19 Emergency Response Fund to refund the current $1 million emergency cash flow loan and provide for expanded COVID-19 response activities. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council INTRODUCED Council Aye: 5 Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 Byrd, and Elenbaas 04/21/2020 Council WITHDRAWN Attachments: Proposed Ordinance, AGENDA REVISION NOTICE FOR 4.7.2020, AGENDA REVISION NOTICE FOR 4.21.2020, Notice of Action Proposed for 4.21.2020 Whatcom County Page 1 Printed on 211012025 PROPOSED BY: Executive SPONSORED BY: Donovan Buchanan INTRODUCTION DATE: 4/07/2020 ORDINANCE NO. AN ORDINANCE AUTHORIZING AN INTERFUND LOAN TO FINANCE CASH FLOW FOR COVID-19 EMERGENCY RESPONSE WHEREAS, the County Executive has issued a Proclamation of Emergency to combat the spread of the COVID-19 virus; and WHEREAS, the spread of the virus presents a continuing threat to the health and safety of the citizens of Whatcom County; and WHEREAS, the County has established the COVID-19 Emergency Response Fund to track restricted and committed revenues in response to the COVID-19 outbreak; and WHEREAS, adequate cash flow is needed to fund this response due to the processing time required to receive expected local, state, and federal FEMA assistance and reimbursements; and, WHEREAS, Ordinance 2020-165 provided a $1 million emergency loan from the Public Utilities Improvement Fund (EDI Fund) to provide a cash flow loan to be used for initial COVID-19 response; and, WHEREAS, adequate cash is available in the Public Utilities Improvement Fund (EDI Fund) to refund the emergency loan and provide a $4,000,000 eighteen -month cash flow loan for expanded COVID-19 response, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom County Treasurer is hereby authorized to make an interfund loan from the Public Utilities Improvement Fund to the COVID-19 Emergency Response Fund for 1) refunding the emergency loan made in Ordinance 2020-165 and 2) for providing adequate cash flow for expanded COVID-19 response. BE IT FURTHER ORDAINED that the loan shall not exceed $4,000,000 and shall be for a term not exceeding eighteen months. BE IT FINALLY ORDAINED that one-half percent interest shall be charged on the loan. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor 2020. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of Council ( ) Approved ( ) Denied Satpal Sidhu, County Executive Date: OM Co CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C.ZA COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 ? astr1 (360) 778-5010 NG,�O WHATCOM COUNTY COUNCIL AGENDA REVISION NOTICE FOR APRIL 7, 2020 THE FOLLOWING ITEMS HAVE BEEN ADDED TO THE COUNCIL AGENDA FOR TOMORROW: OTHER ITEMS 6. AB2020-170 Resolution proclaiming the week of April 6 - 12 National Public Health Week INTRODUCTION ITEMS 3. AB2020-168 Ordinance amending the Whatcom County 2020 Budget, Request No. 10, in the amount of $3,000,000 to fund expanded COVID-19 emergency response 4. AB2020-169 Ordinance authorizing an interfund loan to finance cash flow for COVID-19 emergency response COUNCILMEMBERS Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas CarolFrazey Kathy Kershner OM Co CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C.ZA COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 ? astr1 (360) 778-5010 NG,�O WHATCOM COUNTY COUNCIL AGENDA REVISION NOTICE FOR APRIL 21, 2020 COUNCILMEMBERS Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas CarolFrazey Kathy Kershner THE FOLLOWING ITEMS HAVE BEEN WITHDRAWN FROM THE COUNCIL AGENDA FOR TOMORROW: OTHER ITEMS 4. AB2020-167 Request authorization for the County Executive to amend a contract between Whatcom County and U.S. Department of Agriculture, Forest Services Baker Lake overtime patrols modifying the Annual Operating Plan in the amount of $21,900.00 for 2020 with estimated period beginning May 1, 2020 and ending September 30, 2020 and updates to the contact information for Whatcom County AB2020-168 Ordinance amending the Whatcom County 2020 Budget, Request No. 10, in the amount of $3,000,000 to fund expanded COVID-19 emergency response 6. AB2020-169 Ordinance authorizing an interfund loan to finance cash flow for COVID-19 emergency response AFFIDAVIT OF PUBLICATION Account # I Ad Number I Identification IPC I Amount I Cols Denth 450919 0004622181 COUNCIL ACTION PROPOSED The Whatcom C 904750P $171.77 1 9.89 In Attention: Dana Brown -Davis, CIVIC s �' (s \_ 1 s £ ) \-, WHATCOM CO COUNCIL 311 GRAND AVE STE 105 ' `+�2020 BELLINGHAM, WA 982254038 Y CGt1Nt:1L ACTION PROPOSED INC Hr The 1Whatcorn County Council All consider adopting and may amend 1ho fol1Ltvoing at its April 21, 2020, ENDING THE, 2Jl2>a�'4"✓1-IA3L <7fd DNANCE a5Pr1coUpiTY' A 6 2 ®Z0 —I tv 3 8I)Dntf, RQUALST Nt'r. 9. IN T14E AMOUNT OF $330,689 032020 1631 This crd-marne rerJie.5ts fund- nno as follovj:,: Frrasn the %pnwlai Fund ,. $128,500 for Health Dopa€t- ment.. to ftrn� stdsstance use preuen- iion vrogranr, $21,748 for Vieriff t:� fmtd frat&rnal Order of Pollcva set- tfemRrQ, $37,600 for Sheriff to fund iwblic safsty communications mam ager un>Jtlifte Costs, and $91,962 for Sheriff to fund gmeral fiscal year 2015 Opuation Storegarden mgrain; fr'orn Flcmeless Housing Fund $32,627 for Heath to fund €nr'eFb'-.e in servires from state can- solida"ed Wusiug (rant Trsoceeds; frarn the Public it 46es Irnpruee- ment TD) Ftmd -5100,1300 to fund weirninary design of NVf Annex re- veloprfent project. This orb name x-s i*oduced on April 7, 21120. ORDINANCE CLOSING LIGHTHOUSE MARINE PARK IM- AbZO 20 - k LPy PROY'EMENT FUND 362 0132020- 1641. This ordinance would dissdm, and terse. the 2015 Lilghtlicuse Ma- rine Park knpromrrwent Fu11d 362 and its remaining cash balwices re - to. tlse Rul [,,btL E:!6se Tax it (BEET II) Fur9J. This ordiN3nce Cons mtrndwed on April 7, 2020, C1RD AMENDINGNANCL ` � �� Y01114TOM COUNTY BUDGET RE 6 ��7����i %EST NO. 10, IN TKi: AA4C.+UNT OF $3,CYJ,OW t482020-168): This or- driance tat!ufd apprapr,3te 3,G%tO,tIG�7 to fund expanded flc9Ll i3 errrergeacy res; wme servjces. This ordinance ways lr*o• duced on April 7, 2020, ORDI• ERF A1ITHOFr3ZIN(i R 04TAN �TERFtJNO LOAN TO FINANCE CASH FLOW FOR COF9019 EMER- CENCY RESPONSE (As2WV)-169): Trris ofdiname would auhotize the Whatca= County Teeasurer to mO.e an iroariiarhl aan irx" ifie Public Utild,cs Irnpretvelmeut Fund to the � k,OAOC-19 Emcxgency Response Fund for 1) refunding the emerger, ep loan nr cle rr Ordrr r+ e fi32f_ �[�AIMSC °¢ " �' � � I�20 415 and 2: far pf�4dd-1i &4matn cash Jlow for COVIi}19 "s 'sN,. v Jatxa Y 5t expanded ?; X p9t response. The Ivan !;hal not exceExI 4,W0,000 and mall be foe a term not exceea'OnE eighteen mont4s., k re -halt ,.percent interest shall he VICTORIA RODELA, being duly sworn, deposes and says: That he/she is the Principal Clerk of The Bellingham Herald, a daily newspaper printed and published in Bellingham, Whatcom County, State of Washington, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of six months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Bellingham Herald, as amended, for: Insertions Published On: April 12, 2020 (Principal Clerk) Subscribed and sworn on this 13th day of April in the year of 2020 before me, a Notary Public, personally appeared before me Victoria Rodela known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she executed the same. Not ry ublic in and for the state of as, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! cKpd on M Sam tilts Wdl, ,wre was invocliiced or April 7, 2P,2z',). URVANC;F ESTAKIS;IN G A PROCEtiS FOR l,'WORMATF-M TO W DSUGAD TO TO WGIVIT OF EIIAERGENC"Y RIANCEPAEN7, THIF ,'-'OUNTY LXLCUTIVE, IdIl OJNIIY -IEALTH KfORD AND T�F 'MIRINC� A HFAJ. i FrIFR- GIENCY 1162021,14'13j: This urdi. owice arrews wilatoolyl ccunly We 2CM340 r"w&j dW� sop d momwian in the eml 0 il obk lw,,alh Ris ordi, nrice wn MAW op W 7, 20a we w #w ommo wt- wuk pWc dKwab are no', onwi" W&KI kr mew wi Mir olfil:v.. Fic*,,,se (.!5[Tlijct I!s at Hblfl Mwo w us me NM ou tr Pel to pj Y!fl call Rls!) 'k-'rt mir viebsitp. ."wvi. c:vr118"tiorri_wzr.a5,rc+:r.rr it lur More • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2020-173 File ID: AB2020-173 Version: 1 Status: Adopted as Amended File Created: 04/07/2020 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Ordinance Assigned to: Council Final Action: 04/21/2020 Agenda Date: 04/21/2020 Enactment#: ORD 2020-021 Primary Contact Email: RBrowne@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance establishing a process for information to be disclosed to the Division of Emergency Management, the County Executive, the County Health Board and the public during a public health emergency SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Ordinance establishing a process for information to be disclosed to the Division of Emergency Management, the County Executive, the County Health Board and the public during a public health emergency **Returned to Council on 4/29/2020 from Executive - Unsigned. See memo attached HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council INTRODUCED Council Aye: 5 Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 Byrd, and Elenbaas 04/21/2020 Council ADOPTED AS AMENDED Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Whatcom County Page 1 Printed on 211012025 Agenda Bill Master Report Continued (AB2020-173) Attachments: Agenda Bill Master Report, Adopted Ordinance 2020-021, Ordinance 2020-021 strike, Proposed Odinance, Browne's Proposed Edits for Consideration 4.21.2020, Executive's Additional Proposed Edits for 4.21.2020, Notice of Action Proposed for 4.21.2020, Memo from Exec about signature, Notice of Action Taken on 4.21.2020, Amended Exhibit A, Exhibit A Edited to fix lettering Whatcom County Page 2 Printed on 211012025 • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2020-173 File ID: AB2020-173 Version: 1 Status: Adopted as Amended File Created: 04/07/2020 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Ordinance Assigned to: Council Final Action: 04/21/2020 Agenda Date: 04/21/2020 Enactment#: ORD 2020-021 Primary Contact Email: RBrowne@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance establishing a process for information to be disclosed to the Division of Emergency Management, the County Executive, the County Health Board and the public during a public health emergency SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Ordinance establishing a process for information to be disclosed to the Division of Emergency Management, the County Executive, the County Health Board and the public during a public health emergency **Returned to Council on 4/29/2020 from Executive - Unsigned. See memo attached HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council INTRODUCED Council Aye: 5 Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 Byrd, and Elenbaas Absent: 0 04/21/2020 Council ADOPTED AS AMENDED Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Whatcom County Page 1 Printed on 51112020 Agenda Bill Master Report Continued (AB2020-173) Absent: 0 Attachments: Proposed Odinance, Browne's Proposed Edits for Consideration 4.21.2020, Executive's Additional Proposed Edits for 4.21.2020, Notice of Action Proposed for 4.21.2020 Whatcom County Page 2 Printed on 51112020 • Whatcom County COUNTY COURTHOUSE sue. 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2020-173 File ID: AB2020-173 Version: 1 Status: Adopted as Amended File Created: 04/07/2020 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Ordinance Assigned to: Council Final Action: 04/21/2020 Agenda Date: 04/21/2020 Enactment#: ORD 2020-021 Primary Contact Email: Rl3rowne a co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance establishing a process for information to be disclosed to the Division of Emergency Management, the County Executive, the County Health Board and the public during a public health emergency SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Ordinance establishing a process for information to be disclosed to the Division of Emergency Management, the County Executive, the County Health Board and the public during a public health emergency "Returned to Council on 4/29/2020 from Executive - Unsigned. See memo attached HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council INTRODUCED Council Aye: 5 Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 Byrd, and Elenbaas Absent: 0 04/21/2020 Council ADOPTED AS AMENDED Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Whatcom County Page 1 Printed on 51112020 Agenda Bill Master Report Continued (AB2020-173) Absent: 0 Attachments: Proposed Odinance, Browne's Proposed Edits for Consideration 4.21.2020, Executive's Additional Proposed Edits for 4.21.2020, Notice of Action Proposed for 4.21.2020 Whatcom County Page 2 Printed on 51112020 1 PROPOSED BY: BROWNE, DONOVAN, BUCHANAN 2 INTRODUCTION DATE: APRIL 7, 2020 3 4 ORDINANCE NO. 2020-021 5 6 ESTABLISHING A PROCESS FOR INFORMATION TO BE DISCLOSED TO THE 7 DIVISION OF EMERGENCY MANAGEMENT, THE COUNTY EXECUTIVE, THE COUNTY 8 HEALTH BOARD AND THE PUBLIC DURING A PUBLIC HEALTH EMERGENCY 9 10 11 WHEREAS, in times when a health emergency has been declared, the demands 12 placed on the County Health Officer and Health Department can be severe; and 13 14 WHEREAS, matters related to a public health emergency may involve matters that 15 RCW 42.30.110 states may be conducted in executive session such as: 16 17 (b) To consider the selection of a site or the acquisition of real estate by lease 18 or purchase when public knowledge regarding such consideration would cause 19 a likelihood of increased price; 20 21 (d) To review negotiations on the performance of publicly bid contracts when 22 public knowledge regarding such consideration would cause a likelihood of 23 increased costs; 24 25 (i) To discuss with legal counsel representing the agency matters relating to 26 agency enforcement actions, or to discuss with legal counsel representing the 27 agency litigation or potential litigation to which the agency, the governing 28 body, or a member acting in an official capacity is, or is likely to become, a 29 party, when public knowledge regarding the discussion is likely to result in an 30 adverse legal or financial consequence to the agency... 31 32 (i) Litigation that has been specifically threatened to which the agency, 33 the governing body, or a member acting in an official capacity is, or is 34 likely to become, a party; 35 36 (ii) Litigation that the agency reasonably believes may be commenced 37 by or against the agency, the governing body, or a member acting in 38 an official capacity; or 39 40 (iii) Litigation or legal risks of a proposed action or current practice 41 that the agency has identified when public discussion of the litigation 42 or legal risks is likely to result in an adverse legal or financial 43 consequence to the agency; 44 45 WHEREAS, in a public health emergency, the County emergency management 46 division, County Executive, County Council and the public all need to receive adequate 47 information in a timely fashion so each may make an effective contribution to responding to 48 the emergency; and 49 Page 1 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 WHEREAS, in a public health emergency, the County emergency management division, County Executive, County Council and the public all need to receive adequate information in a timely fashion so each may make an effective contribution to responding to the emergency; and WHEREAS, in time of emergency, uncoordinated and inconsistently applied rules related to requests for information can place an unreasonable burden on the County Health Officer and Health Department staff; and WHEREAS, a common issue that arises in such situations, often at the end of a long shift when everyone is exhausted, is the question of what information from the day should be disclosed to whom and how; and WHEREAS, in such times the County, Code should establish a process to reduce the burden on the County Health Officer and Health Department staff from having to make decisions on what information needs to be disclosed, to whom, and the format to be used, thus returning operational hours better applied to the delivery of services to the community; and WHEREAS, the ability for senior staff to point subordinates to a clear policy on this topic frees up senior staff time to work on more pressing matters (or simply use the time to rest and recuperate); and NOW, THEREFORE, BE IT ORDAINED a new section as detailed in the attached �Q�s��tE��t�easr ADOP3't `fhis E 11s �f oof,% April , 2020 ` A arm Dan6. Brown /Da is;-Cle?ksef the Council APPROV E)1AS't&FO'PM: r - c r Civil Deputy Prosecutor that the County Code shall be amended to include Exhibit A. WHATCOM COUNTY COUNCIL C"Wy TCOM O TY, ASHINGTON 9 y B rry uchanan, Council Chair Page 2 WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON *** Satpal Singh Sidhu, County Executive ( ) Approved ( ) Denied Date Signed: ***County Executive Satpal Sidhu declined to sign. See attached memorandum. 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 EXHIBIT A A. Administrative Director. The duties of the administrative director shall be as outlined in RCW 70.05.045, as well as general management, oversight and administration of the health department. It is the responsibility of the administrative director to hire departmental staff, except for the health officer, in accordance with the personnel policies and procedures of the county and any other applicable laws and regulations. B. Health Officer. The powers and duties of the health officer shall be as outlined in RCW 70.05.070. If no administrative director has been appointed, as provided in WCC 24.01.030(A), the health officer, under the direction of the county executive, shall have the powers and duties as outlined in RCW 70.05.070 and the powers and the duties of the administrative director as outlined in WCC 24.01.040(A). If an administrative director is appointed in accordance with WCC 24.01.030(A), the health officer shall have the powers and duties as outlined in RCW 70.05.070 under the direction of the administrative director. C. Disclosure of Information. In the event of a public health emergency,. the Health Department shall promptly and continually: (i) disclose all information requested by emergency management division, County Executive, or County Health Board that is required to perform their respective duties effectively. (ii) provide a brief daily update to the public in a format and level of detail as approved by the super majority vote of the County Health Board. D. Nothing herein shall be construed as requiring the Health Department to release confidential health care information protected by state or federal privacy laws. Such information shall be redacted prior to the release of documents containing such information. E. If the requested information involves a matter that can be heard in executive session under RCW 42.30.110 , the Health Officer, Administrative Director, County Executive, County Health Board Chair or their respective legal counsel may request that the matter be heard in executive session. Page 3 Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2020-173 File ID: AB2020-173 Version: 1 Status: Adopted as Amended File Created: 04/07/2020 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Ordinance Assigned to: Council Final Action: 04/21/2020 Agenda Date: 04/21/2020 Enactment #: ORD 2020-021 Primary Contact Email: RBrowne@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance establishing a process for information to be disclosed to the Division of Emergency Management, the County Executive, the County Health Board and the public during a public health emergency SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Ordinance establishing a process for information to be disclosed to the Division of Emergency Management, the County Executive, the County Health Board and the public during a public health emergency "Returned to Council on 4/29/2020 from Executive - Unsigned. See memo attached HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/07/2020 Council INTRODUCED Council Aye: 5 Browne, Buchanan, Donovan, Frazey, and Kershner Nay: 2 Byrd, and Elenbaas Absent: 0 04/21/2020 Council ADOPTED AS AMENDED Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Whatcom County Page 1 Printed on 51112020 Agenda Bill Master Report Continued (AB2020-173) Absent: 0 Attachments: Proposed Odinance, Browne's Proposed Edits for Consideration 4.21.2020, Executive's Additional Proposed Edits for 4.21.2020, Notice of Action Proposed for 4.21.2020 Whatcom County Page 2 Printed on 51112020 1 PROPOSED BY: BROWNE, DONOVAN, BUCHANAN 2 INTRODUCTION DATE: APRIL 7, 2020 3 4 ORDINANCE NO. 2020-021 5 6 ESTABLISHING A PROCESS FOR INFORMATION TO BE DISCLOSED TO THE 7 DIVISION OF EMERGENCY MANAGEMENT, THE COUNTY EXECUTIVE, THE COUNTY 8 HEALTH BOARD AND THE PUBLIC DURING A PUBLIC HEALTH EMERGENCY 9 10 11 WHEREAS, in times when a health emergency has been declared, the demands 12 placed on the County Health Officer and Health Department can be severe; and 13 14 WHEREAS, matters related to a public health emergency may involve matters that 15 RCW 42.30.110 states may be conducted in executive session such as: 16 17 (b) To consider the selection of a site or the acquisition of real estate by lease 18 or purchase when public knowledge regarding such consideration would cause 19 a likelihood of increased price; 20 21 (d) To review negotiations on the performance of publicly bid contracts when 22 public knowledge regarding such consideration would cause a likelihood of 23 increased costs; 24 25 (i) To discuss with legal counsel representing the agency matters relating to 26 agency enforcement actions, or to discuss with legal counsel representing the 27 agency litigation or potential litigation to which the agency, the governing 28 body, or a member acting in an official capacity is, or is likely to become, a 29 party, when public knowledge regarding the discussion is likely to result in an 30 adverse legal or financial consequence to the agency... 31 32 (i) Litigation that has been specifically threatened to which the agency, 33 the governing body, or a member acting in an official capacity is, or is 34 likely to become, a party; 35 36 (ii) Litigation that the agency reasonably believes may be commenced 37 by or against the agency, the governing body, or a member acting in 38 an official capacity; or 39 40 (iii) Litigation or legal risks of a proposed action or current practice 41 that the agency has identified when public discussion of the litigation 42 or legal risks is likely to result in an adverse legal or financial 43 consequence to the agency; 44 45 WHEREAS, in a public health emergency, the County emergency management 46 division, County Executive, County Council and the public all need to receive adequate 47 information in a timely fashion so each may make an effective contribution to responding to 48 the emergency; and 49 Page 1 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 WHEREAS, in a public health emergency, the County emergency management division, County Executive, County Council and the public all need to receive adequate information in a timely fashion so each may make an effective contribution to responding to the emergency; and WHEREAS, in time of emergency, uncoordinated and inconsistently applied rules related to requests for information can place an unreasonable burden on the County Health Officer and Health Department staff; and WHEREAS, a common issue that arises in such situations, often at the end of a long shift when everyone is exhausted, is the question of what information from the day should be disclosed to whom and how; and WHEREAS, in such times the County, Code should establish a process to reduce the burden on the County Health Officer and Health Department staff from having to make decisions on what information needs to be disclosed, to whom, and the format to be used, thus returning operational hours better applied to the delivery of services to the community; and WHEREAS, the ability for senior staff to point subordinates to a clear policy on this topic frees up senior staff time to work on more pressing matters (or simply use the time to rest and recuperate); and NOW, THEREFORE, BE IT ORDAINED a new section as detailed in the attached ADOPE[?"i hiApril 12020 Darn. Bro� €s;-061� Hof thc: Council APP' OV D AS Tb FORM E Civil Deputy Prosecutor that the County Code shall be amended to include Exhibit A. WHATCOM COUNTY COUNCIL 1 TCOM O TY, SHIN TON �b �B rry uchanan, Council Chair Page 2 WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON *** Satpal Singh Sidhu, County Executive ( ) Approved ( ) Denied Date Signed: ***County Executive Satpal Sidhu declined to sign. See attached memorandum. 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 EXHIBIT A A. Administrative Director. The duties of the administrative director shall be as outlined in RCW 70.05.045, as well as general management, oversight and administration of the health department. It is the responsibility of the administrative director to hire departmental staff, except for the health officer, in accordance with the personnel policies and procedures of the county and any other applicable laws and regulations. B. Health Officer. The powers and duties of the health officer shall be as outlined in RCW 70.05.070. If no administrative director has been appointed, as provided in WCC 24.01.030(A), the health officer, under the direction of the county executive, shall have the powers and duties as outlined in RCW 70.05.070 and the powers and the duties of the administrative director as outlined in WCC 24.01.040(A). If an administrative director is appointed in accordance with WCC 24.01.030(A), the health officer shall have the powers and duties as outlined in RCW 70.05.070 under the direction of the administrative director. C. Disclosure of Information. In the event of a public health emergency, the Health Department shall promptly and continually: (i) disclose all information requested by emergency management division, County Executive, or County Health Board that is required to perform their respective duties effectively. (ii) provide a brief daily update to the public in a format and level of detail as approved by the super majority vote of the County Health Board. D. Nothing herein shall be construed as requiring the Health Department to release confidential health care information protected by state or federal privacy laws. Such information shall be redacted prior to the release of documents containing such information. E. If the requested information involves a matter that can be heard in executive session under RCW 42.30.110 the Health Officer, Administrative Director, County Executive, County Health Board Chair or their respective legal counsel may request that the matter be heard in executive session. Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PROPOSED BY: BROWNE, DONOVAN, BUCHANAN INTRODUCTION DATE: April 7, 2020 ORDINANCE NO. ESTABLISHING A PROCESS FOR INFORMATION TO BE DISCLOSED TO THE DIVISION OF EMERGENCY MANAGEMENT, THE COUNTY EXECUTIVE, THE COUNTY HEALTH BOARD AND THE PUBLIC DURING A PUBLIC HEALTH EMERGENCY WHEREAS, in times when a health emergency has been declared, the demands placed on the County Health Officer and Health Department can be severe; and WHEREAS, matters related to a public health emergency may involve matters that RCW 42.30.110 states may be conducted in executive session such as: (b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price; (d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs; (i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency... (i) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party; (ii) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or (iii) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency; Page 1 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 WHEREAS, in a public health emergency, the County emergency management division, County Executive, County Council and the public all need to receive adequate information in a timely fashion so each may make an effective contribution to responding to the emergency; and WHEREAS, in time of emergency, uncoordinated and inconsistently applied rules related to requests for information can place an unreasonable burden on the County Health Officer and Health Department staff; and WHEREAS, a common issue that arises in such situations, often at the end of a long shift when everyone is exhausted, is the question of what information from the day should be disclosed to whom and how; and WHEREAS, in such times the County Code should establish a process to reduce the burden on the County Health Officer and Health Department staff from having to make decisions on what information needs to be disclosed, to whom, and the format to be used, thus returning operational hours better applied to the delivery of services to the community; and WHEREAS, the ability for senior staff to point subordinates to a clear policy on this topic frees up senior staff time to work on more pressing matters (or simply use the time to rest and recuperate); and NOW, THEREFORE, BE IT RESOLVED, that the County Code shall be amended to include a new section as detailed in the attached Exhibit A. ADOPTED this day of , 2020. ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor Page 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Satpal Singh Sidhu, County Executive ( ) Approved ( ) Denied Date Signed: 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 EXHIBIT A 24.01.040 Powers and duties. A. Administrative Director. The duties of the administrative director shall be as outlined in RCW 70.05.045, as well as general management, oversight and administration of the health department. It is the responsibility of the administrative director to hire departmental staff, except for the health officer, in accordance with the personnel policies and procedures of the county and any other applicable laws and regulations. B. Health Officer. The powers and duties of the health officer shall be as outlined in RCW 70.05.070. If no administrative director has been appointed, as provided in WCC 24.01.030(A), the health officer, under the direction of the county executive, shall have the powers and duties as outlined in RCW 70.05.070 and the powers and the duties of the administrative director as outlined in WCC 24.01.040(A). If an administrative director is appointed in accordance with WCC 24.01.030(A), the health officer shall have the powers and duties as outlined in RCW 70.05.070 under the direction of the administrative director. C. Disclosure of Information. In the event of a public health emergency, the Health Officer, Administrative Director or their respective designees shall promptly and continually: M disclose all relevant information which, in the opinion of the emergency management division, County Executive, or County Health Board, is required to perform their respective duties effectively. (ii) provide a brief daily update to the public in a format and level of detail as approved by the super malority vote of the County Health Board. D. During the public health emergency, requests for documents made to the Health Officer or Administrative Director by the emergencv management division, County Executive, or County Health Board should be limited to existing documents and should avoid the creation of new documents, unless a person with appropriate skills, acting reasonably has insufficient information to evaluate a expenditure request. E. Nothing herein shall be construed as requiring the Health Officer or Administrative Director to release confidential health care information protected by state or federal privacy laws. Such information shall be redacted prior to the release of documents containing such information. F. If the requested information involves a matter that can be heard in executive session under RCW 42.30.110 , the Health Officer, Administrative Director, County Executive, County Health Board Chair or their respective legal counsel may request that the matter be heard in executive session. Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 PROPOSED BY: BROWNE, DONOVAN, BUCHANAN INTRODUCTION DATE: April 7, 2020 WITH BROWNE'S PROPOSED EDITS ORDINANCE NO. AB-2020-173 ESTABLISHING A PROCESS FOR INFORMATION TO BE DISCLOSED TO THE DIVISION OF EMERGENCY MANAGEMENT, THE COUNTY EXECUTIVE, THE COUNTY HEALTH BOARD AND THE PUBLIC DURING A PUBLIC HEALTH EMERGENCY WHEREAS, in times when a health emergency has been declared, the demands placed on the County Health Officer and Health Department can be severe; and WHEREAS, matters related to a public health emergency may involve matters that RCW 42.30.110 states may be conducted in executive session such as: (b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price; (d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs; (i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency... (i) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party; (ii) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or (iii) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency; Page 1 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 WHEREAS, in a public health emergency, the County emergency management division, County Executive, County Council and the public all need to receive adequate information in a timely fashion so each may make an effective contribution to responding to the emergency; and WHEREAS, in time of emergency, uncoordinated and inconsistently applied rules related to requests for information can place an unreasonable burden on the County Health Officer and Health Department staff; and WHEREAS, a common issue that arises in such situations, often at the end of a long shift when everyone is exhausted, is the question of what information from the day should be disclosed to whom and how; and WHEREAS, in such times the County Code should establish a process to reduce the burden on the County Health Officer and Health Department staff from having to make decisions on what information needs to be disclosed, to whom, and the format to be used, thus returning operational hours better applied to the delivery of services to the community; and WHEREAS, the ability for senior staff to point subordinates to a clear policy on this topic frees up senior staff time to work on more pressing matters (or simply use the time to rest and recuperate); and NOW, THEREFORE, BE IT RESOLVED, that the County Code shall be amended to include a new section as detailed in the attached Exhibit A. ADOPTED this day of , 2020. ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor Page 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Satpal Singh Sidhu, County Executive ( ) Approved ( ) Denied Date Signed: 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 EXHIBIT A 24.01.040 Powers and duties. A. Administrative Director. The duties of the administrative director shall be as outlined in RCW 70.05.045, as well as general management, oversight and administration of the health department. It is the responsibility of the administrative director to hire departmental staff, except for the health officer, in accordance with the personnel policies and procedures of the county and any other applicable laws and regulations. B. Health Officer. The powers and duties of the health officer shall be as outlined in RCW 70.05.070. If no administrative director has been appointed, as provided in WCC 24.01.030(A), the health officer, under the direction of the county executive, shall have the powers and duties as outlined in RCW 70.05.070 and the powers and the duties of the administrative director as outlined in WCC 24.01.040(A). If an administrative director is appointed in accordance with WCC 24.01.030(A), the health officer shall have the powers and duties as outlined in RCW 70.05.070 under the direction of the administrative director. C. Disclosure of Information. In the event of a public health emergency, the Health Department O#iser, Ar+minic+r;;+ive nmron+nr Pr their respen+i„e designees shall promptly and continually: (i) disclose all relevant information which, in the opinion of the emergency management division, County Executive, or County Health Board, is required to perform their respective duties effectively. (ii) provide a brief daily update to the public in a format and level of detail as approved by the super majority vote of the County Health Board. D. During the public health emergency, requests for documents made to the Health Department OffiGer 0r Ardminic+ratye nire„+„r by the emergency management division, County Executive, or County Health Board should be limited to existing documents and should avoid the creation of new documents, unless a person with appropriate skills, acting reasonably has insufficient information to evaluate a expenditure request. E. Nothing herein shall be construed as requiring the Health Department Offi,.er -Direr'te to release confidential health care information protected by state or federal privacy laws. Such information shall be redacted prior to the release of documents containing such information. F. If the requested information involves a matter that can be heard in executive session under RCW 42.30.110 , the Health Officer, Administrative Director, County Executive, County Health Board Chair or their respective legal counsel may request that the matter be heard in executive session. Page 3 C. Disclosure of Information. In the event of a public health emergency, as defined in RCW 70.119A.020, the Health Officer, Administrative Director, or their authorized designees shall promptly: (i) disclose information related to the public health emergency as recommended by the Whatcom County Department of Emergency Management, or as requested by a super majority of the County Health Board; and as approved by the County Executive, and (ii) provide brief daily updates concerning the public health emergency to the public, in a format and with a level of detail approved by the County Executive, when recommended by the County Health Board. D. Nothing herein shall be construed as requiring the Health Officer or Administrative Director to release confidential health care information protected by state or federal privacy laws. Such information shall be redacted prior to the release of documents containing such information. AFFIDAVIT OF PUBLICATION Account # I Ad Number I Identification IPC I Amount I Cols Denth 450919 0004622181 COUNCIL ACTION PROPOSED The Whatcom C 904750P $171.77 1 9.89 In Attention: Dana Brown -Davis, CIVIC s �' (s \_ 1 s £ ) \-, WHATCOM CO COUNCIL 311 GRAND AVE STE 105 ' `+�2020 BELLINGHAM, WA 982254038 Y CGt1Nt:1L ACTION PROPOSED INC Hr The 1Whatcorn County Council All consider adopting and may amend 1ho fol1Ltvoing at its April 21, 2020, ENDING THE, 2Jl2>a�'4"✓1-IA3L <7fd DNANCE a5Pr1coUpiTY' A 6 2 ®Z0 —I tv 3 8I)Dntf, RQUALST Nt'r. 9. IN T14E AMOUNT OF $330,689 032020 1631 This crd-marne rerJie.5ts fund- nno as follovj:,: Frrasn the %pnwlai Fund ,. $128,500 for Health Dopa€t- ment.. to ftrn� stdsstance use preuen- iion vrogranr, $21,748 for Vieriff t:� fmtd frat&rnal Order of Pollcva set- tfemRrQ, $37,600 for Sheriff to fund iwblic safsty communications mam ager un>Jtlifte Costs, and $91,962 for Sheriff to fund gmeral fiscal year 2015 Opuation Storegarden mgrain; fr'orn Flcmeless Housing Fund $32,627 for Heath to fund €nr'eFb'-.e in servires from state can- solida"ed Wusiug (rant Trsoceeds; frarn the Public it 46es Irnpruee- ment TD) Ftmd -5100,1300 to fund weirninary design of NVf Annex re- veloprfent project. This orb name x-s i*oduced on April 7, 21120. ORDINANCE CLOSING LIGHTHOUSE MARINE PARK IM- AbZO 20 - k LPy PROY'EMENT FUND 362 0132020- 1641. This ordinance would dissdm, and terse. the 2015 Lilghtlicuse Ma- rine Park knpromrrwent Fu11d 362 and its remaining cash balwices re - to. tlse Rul [,,btL E:!6se Tax it (BEET II) Fur9J. This ordiN3nce Cons mtrndwed on April 7, 2020, C1RD AMENDINGNANCL ` � �� Y01114TOM COUNTY BUDGET RE 6 ��7����i %EST NO. 10, IN TKi: AA4C.+UNT OF $3,CYJ,OW t482020-168): This or- driance tat!ufd apprapr,3te 3,G%tO,tIG�7 to fund expanded flc9Ll i3 errrergeacy res; wme servjces. This ordinance ways lr*o• duced on April 7, 2020, ORDI• ERF A1ITHOFr3ZIN(i R 04TAN �TERFtJNO LOAN TO FINANCE CASH FLOW FOR COF9019 EMER- CENCY RESPONSE (As2WV)-169): Trris ofdiname would auhotize the Whatca= County Teeasurer to mO.e an iroariiarhl aan irx" ifie Public Utild,cs Irnpretvelmeut Fund to the � k,OAOC-19 Emcxgency Response Fund for 1) refunding the emerger, ep loan nr cle rr Ordrr r+ e fi32f_ �[�AIMSC °¢ " �' � � I�20 415 and 2: far pf�4dd-1i &4matn cash Jlow for COVIi}19 "s 'sN,. v Jatxa Y 5t expanded ?; X p9t response. The Ivan !;hal not exceExI 4,W0,000 and mall be foe a term not exceea'OnE eighteen mont4s., k re -halt ,.percent interest shall he VICTORIA RODELA, being duly sworn, deposes and says: That he/she is the Principal Clerk of The Bellingham Herald, a daily newspaper printed and published in Bellingham, Whatcom County, State of Washington, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of six months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Bellingham Herald, as amended, for: Insertions Published On: April 12, 2020 (Principal Clerk) Subscribed and sworn on this 13th day of April in the year of 2020 before me, a Notary Public, personally appeared before me Victoria Rodela known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she executed the same. Not ry ublic in and for the state of as, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! cKpd on M Sam tilts Wdl, ,wre was invocliiced or April 7, 2P,2z',). URVANC;F ESTAKIS;IN G A PROCEtiS FOR l,'WORMATF-M TO W DSUGAD TO TO WGIVIT OF EIIAERGENC"Y RIANCEPAEN7, THIF ,'-'OUNTY LXLCUTIVE, IdIl OJNIIY -IEALTH KfORD AND T�F 'MIRINC� A HFAJ. i FrIFR- GIENCY 1162021,14'13j: This urdi. owice arrews wilatoolyl ccunly We 2CM340 r"w&j dW� sop d momwian in the eml 0 il obk lw,,alh Ris ordi, nrice wn MAW op W 7, 20a we w #w ommo wt- wuk pWc dKwab are no', onwi" W&KI kr mew wi Mir olfil:v.. Fic*,,,se (.!5[Tlijct I!s at Hblfl Mwo w us me NM ou tr Pel to pj Y!fl call Rls!) 'k-'rt mir viebsitp. ."wvi. c:vr118"tiorri_wzr.a5,rc+:r.rr it lur More WHATCOM COUNTY P�GOM COG EXECUTIVE'S OFFICE m tia 3 .c County Courthouse 311 Grand Ave. Suite #108 or Bellingham, WA 98225 psNING� DATE: April 28, 2020 TO: Honorable County Councilmembers FROM: Satpal Singh Sidhu, County Executive SUBJECT: Ordinance 2020-021 Satpal Singh Sidhu County Executive I write to express my concern over the Council's adoption of Whatcom County Ordinance 2020-021 on April 21, 2020. This ordinance empowers the Health Board to dictate actions of the Whatcom County Health Department during health emergencies. While I fully support the ordinance's goals of promoting effective communication, public notification, and transparency, I cannot endorse a law that violates the provisions of our Charter. As you are well -aware, the Charter is our county's constitution. We are one of only a few rural counties in the State who have adopted a county constitution. Drafted over forty years ago, the Charter establishes our two branches of government: legislative and executive. It both grants and limits the Council's and the Executive's lawful authority. Accordingly, neither branch may act in contravention of the Charter's provisions. As elected officials we each assumed this duty to the Charter when we took the oath of office. One of the most basic principles of our County government as a dual -branch system is the separation of powers. Dating back to the founding of our country, separation of powers is a cornerstone that supports our democratic system of checks and balances between the branches. It guards against improper action and abuse of power. In this regard we are different from most Washington counties, who combine the executive and legislative branches into one board of commissioners. Our Charter first references this vital principle in Article I, Section 1.50. Here the drafters make clear that both branches will "refrain from overextending their authority, as [its] defined in [the] Charter." Article 11, Section 2.24 expands on this tenet and specifically addresses the Council. It mandates that the County Council "shall not interfere with the administration of the Executive Branch." And more specifically, Council "shall not give orders to or direct, either publicly or privately, any officer, or employee subject to the direction and supervision of the County Executive, executive branch, or other elected official," including executive offices. The Charter's authority -limiting language is clear. It does not require a reader to infer the intent of these provisions. The Health Department is an executive department pursuant to Whatcom County Code 24.01.020. And the Department's Administrative Director and the Health Officer are executive officers. WCC 24.01.030(A) and (B). The County Executive is fully responsible for supervising and administering the executive departments, including the Health Department. Article 111, Sections 3.22, 3.40; WCC 24.01.020,.030. Office 360 778 5200 Fax 360 778 5201 TRS 711 In contrast, our County Health Board is a legislative body created by ordinance and codified under WCC 24.01.050. It derives its authority from the Code. The Health Board can enact rules and regulations to preserve, promote, and improve public health and provide for enforcement; set certain fee schedules; and make recommendations to the executive on matters affecting public health. Neither the Code nor the Charter grants the Council or the Health Board any degree of supervisory or administrative authority over the Health Department. Allowing otherwise would violate the Charter and separation of powers. Ordinance 2020-021 disregards these constitutional limitations. It allows the Health Board to command the actions of an executive department. The Board alone could order and direct the Health Department's information sharing during a health emergency. And it can do this without any input or guidance from the executive branch. By asserting this control, the Council arrogates executive power to itself. This constitutes an intrusion by the legislative branch into the executive's prerogative, it violates the separation of powers doctrine, and is prohibited by our Charter. It has been suggested that our Charter gives Council the authority to enact this ordinance. During the April 21st council meeting, Section 2.20 was cited as the basis to enact laws which "establish the powers and responsibilities of executive departments." What went unsaid in response to this assertion is that the Charter will always limit lawmaking authority. In other words, general authority under the Code to enact law does not allow the enactment of an unconstitutional or otherwise illegal law. Accordingly, Section 2.20 does not justify or excuse an ordinance that violates the county constitution by granting a legislative body authority to administer and control an executive department, regardless of the extent of that control or direction. Whatcom County currently faces unprecedented challenges related to the COVID 19 pandemic. I applaud and value your individual and collective commitment to our community during these trying times. Now more than ever, when emotions can impact decision making, the Charter must guide us. While I fully respect the Council's unanimous vote on this resolution, the unanimity itself does not supersede the Charter provisions. I have thus decided not to sign Ordinance 2020-021 because its provisions violate express provisions of the Charter. Thank you for your consideration of this matter. I look forward to our continued collaborative work serving Whatcom County. Sincerely, County Executive cc: Karen Frakes, Chief Civil Deputy Prosecutor Dana Brown Davis, Clerk of the Council Chris Quinn, Senior Deputy, Prosecuting Attorney's Office Bill Elfo, Sheriff Steve Oliver, Treasurer Diana Bradrick, Auditor Rebecca Xczar, Assessor Eric Richey, Prosecuting Attorney 40THE BEI,I,INGHAM HERALD AFFIDAVIT OF PUBLICATION n 450919 0004631696 COUNCILACTION TAKEN The Whatcom Coun 904750P $100.36 1 5.78 In Attention: Dana Brown -Davis WHATCOM CO COUNCIL 311 GRAND AVE STE 105 BELLINGHAM, WA 982254038 COUNCIL ACTION TAKEN The Whatcom County Council adopt- ed the following at its April 21, 2020, meeting: ORDINANCE 12020-019) AMENDING THE 2020 WHATCOM COUNTY BUDG- ET, REQUEST N0, 9, IN THE AMOUNT OF $261,127 (REVISED FROM ORIGINAL PROPOSED AMOUNT TO INCLUDE ONLY ES- SENTIAL ITEMS) (AS2020.163): This ordnance requests funding as follows: From the General Fund - $128,500 for Health Department; Homeless Housing fund _ $32,627; from the Public Utilities improve - merit (EDIT Fund-$100,000 to fund preliminary design of MN Annex re- development. This ordinance was introduced on April 7, 2020. EMER- GENCY ORDINANCE 12020.020) AMENDING THE 2020 WHATCOM COUNTY BUDGET, REQUEST NO. 11. IN THE AMOUNT OF $154,946 (AB2020.177): This or- dinance is for emergency COVID-19 funding for urgent housing needs of low to moderate income citizens. This ordinance was introduced on April 21, 2020. ORDINANCE (202€1-021) ESTABLISHING A PROCESS FOR INFORMATION TO BE DISCLOSED TO THE DIVISION OF EMERGENCY MANAGEMENT, THE COUNTY EXECUTIVE, THE COUNTY HEALTH BOARD AND THE PUBLIC DURING A PUBLIC HEALTH EMERGENCY IAB2020- 173); This ordinance amends Whatcom County Code 24.01-M regarding disclosure of information in the event of a public health emer- gency. This ordinance was intro- duced on April 7, 2020. Due to the COV10-19 outbreak, public docu- ments are not currently available for review in our office. Please contact us at 1360) 778-5010 to discuss the best way to get meeting infor- mation to you. You can also visit us at www.co.whatcom.wa.us/council for more information. A a 2atiD - I (P3 A15ZO2.0 - 1-77 A82V 2,0 - ! 7 3 )�ECEIVEO VIA EMAIL. ON 51111202D '� 7P�my3 29•) 2D31 0, 2023 �y VICTORIA RODELA, being duly sworn, deposes and says: That he/she is the Principal Clerk of The Bellingham Herald, a daily newspaper printed and published in Bellingham, Whatcom County, State of Washington, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of six months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Bellingham Herald, as amended, for: Insertions Published On: April 26, 2020 V& (Principal Clerk) Subscribed and sworn on this 11th day of May in the year of 2020 before me, a Notary Public, personally appeared before me Victoria Rodela known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she exec a same - Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affldavlts. Leeal dfxurnent nle— do not d—f—I 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 EXHIBIT A 24.01.040 Powers and duties. A. Administrative Director. The duties of the administrative director shall be as outline in RCW 70.05.045, as well as general management, oversight and administration of the healt depart ent. It is the responsibility of the administrative director to hir departmental staff, except fo alth officer, in accordance with the personnel policies and procedures of the county and any other 6pplicable laws and regulations. B. Health Officer. The powers and duties of the health offi r she e as outlin in CW 70.05.070. If no administrative director has been appoint d, as provi CC 24.01.03 the health officer, under the direction of the county executive, s all have the ers and duties as outlined in RCW 70.05.070 and the powers and the duties of th admi tr ive direc or a o in d in WCC 24.01.040(A). If an administrative director is appointed in ac danc th WCC 24. 1. 3 the health officers II have the powers and duties as outlined in RC 05. 70 under the 're of the admirWstrati, director. health emerdeivc'the Health Officer. Adrnki i disclose all relevant infontNtionfftich, in the o inio the e\nerqencv mane ent .CountV Executive or County th Board is r erforn their res eft duties effectively. ii rovid a ief dail dajteto the ublic in form t and level of deta I a a roved b super ma _rity__,_ te_of he ountv_HealtliBoaff\ D. Durin�c the pu_bl_ __heal._ em encyreests._for documents_. to H _althOfficeor p Administrative Dire for by e e Proenav m naoement division.�v cutive. or County H request. e release of their respective legal counsel may request that the matter be heard in executive session. Page 3 I EXHIBIT A 2 3 24.01.040 Powers and duties. 4 5 A. Administrative Director. The duties of the administrative director shall be as outlined in RCW 6 70.05.045, as well as general management, oversight and administration of the health department. 7 It is the responsibility of the administrative director to hire departmental staff, except for the health officer, 8 in accordance with the personnel policies and procedures of the county and any other applicable laws 9 and regulations. 10 11 B. Health Officer. The powers and duties of the health officer shall be as outlined in RCW 70.05.070. 12 If no administrative director has been appointed, as provided in WCC 24.01.030(A), the health officer, 13 under the direction of the county executive, shall have the powers and duties as outlined in RCW 14 70.05.070 and the powers and the duties of the administrative director as outlined in WCC 24.01.040(A). 15 If an administrative director is appointed in accordance with WCC 24.01.030(A), the health officer shall 16 have the powers and duties as outlined in RCW 70.05.070 under the direction of the administrative 17 director. 18 19 C. Disclosure of Information. In the event of a public health emergency, the Health Department shall 20 promptly and continually 21 22 (i) disclose all information requested by emergency management division County Executive or 23 County Health Board that is required to perform their respective duties effectiveIV. 24 25 (ii) provide a brief daily update to the public in a format and level of detail as approved by the 26 super majority vote of the County Health Board. 27 28 D. Nothing herein shall be construed as requiring the Health Department to release confidential health 29 care information protected by state or federal privacy laws. Such information shall be redacted prior to the 30 release of documents containing such information. 31 32 F. If the requested information involves a matter that can be heard in executive session under RCW 33 42.30.110 , the Health Officer, Administrative Director, County Executive County Health Board Chair or 34 their respective legal counsel may request that the matter be heard in executive session. 35 36 Page 3