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HomeMy WebLinkAboutWhite Bluffs Consulting - PSA for Shoreline Master Program Amendments PERSONAL SERVICES AGREEMENT {White Btuffs Consulting} THIS AGREEMENT is entered by and between the City of Pasco and [White Bluffs Consultingl referred to as [Contractor/Consultant] for the purpose of contracting for personal services in the capacity as [Planning Consultant]. RECITALS WHEREAS,the City desires to have certain services and/ar tasks performed as set forth below requiring specialized skills,training,equipment, and other supportive capabilities; and WHEREAS, the [Contractor/Consultant] represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when reyuired, to perform the services and/or tasks as set forth in this Agreement upon which the Ciry is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein,the parties agree as follows: 1. Scone of Services. The [Contractor/Consultant] shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as [Contractor's/Consultant's] Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in [Exhibit A], attached hereto and incorporated herein(the"Project"). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 06/30/2023. 3. Comnensation and Pavment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered,and for all labor,materials, supplies,eyuipment,and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the[Contractor/Consultant] except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 33 The City shall pay the [Contractor/Consultant] for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before Personal Services Agreement—{White Bluffs Consulting; {Shoreline Master Program Periodic Update} Page 1 of 10 payment is issued. Payment shall occur within thirty (3Q) days of receipt and approval of an invoice. 3.4 The Ciry shall pay the[Contractor/Consultant]for all work performed and expenses incurred under this Agreement,as follows. ❑ Hourly(Single Rate): $ per hour plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $ without prior written authorization by the City; or ❑ Hourly (Multiple Rate): Such rates as identified on [Exhibit No./Letter], plus actual expenses incurred as provided under this Agreement, but not to exceed a total of$ without the prior written authorization by the City; or � Fixed Sum: A total of$28.000.00 ❑ Other: _ _ 4. Renorts and Insnections. 4.1 The [Contractor/Consultant] at such times and in such forms as the City may require, shall furnish to the City such statements,records, studies, surveys,reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The [Contractor/Consultant] shall,at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matt$rs covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the [Contractor's/Consultant's] activities. The City may, at its discretion, conduct an audit at its eapense, using its own or outside auditors,of the [Contractor's/Consultant's] activities which relate,directly or indirectly,to this Agreement. [Contractor/Consultant] shall be provided a copy of such reports. 4.3 The [Contractor/Consultant], during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the [Contractor/Consultant] shall deliver to the City copies of these licenses,registration documents, and permits or proof of their issuance or renewal. 4.4 [Contractor/Consultant] shall maintain books, records and docutnents, which sufficiently and properly reflect all direct and indirect costs related to the Personal Services Agreement—(White Bluffs Consulting) {Shorelit�e Master Pro�ram Periodic Update; Page 2 of 10 performance of this Agreement,and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection,review, or audit as provided above. 4.5 The [Contractor/Consultant] shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. [Contractor/Consultant] agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownershi and Use of Documents. 5.1 All research,tests,surveys,preliminary data,information,drawings and documents made, collected, or prepared by the [Contractar/Consultant] for performing the services subject to this Agreement, as well as any final product, collectively referred to as"work product,"shall be deemed as the exclusive property of the City, including copyright as secured thereon. [Contractor/Consultant] may not use them except in comiection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the[Contractor/Consultant]and utilized in the performance of the services under this Agreement,or embedded in with the materials,products and services provided thereunder, shall remain the property of the [Contractor/Consultant] subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the [Contractor/Consultant] in the performance of these services which it deems as "confidential,""proprietary,"or a"trade secreY'shall be conspicuously designated as such. 5.2 In the event of [Contractor's/Consultant's] default, or if this Agreement is tertninated prior to its completion,the work product of the[Conlractor/Consultant], along with a summary of the services performed to date of default or termination, shall become the property of the Ciry,and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the [Contractor/Consultant]. If the Agreement is terminated through convenience by the City, the City agrees to pay [Contractor/Consultant] for the preparation of the summary of services provided. 6. Public Records. 6.1 [Contractor/Consultant] acknowledges that the City is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or gathered by the [Contractor/Consultant], and recommendations of the [Contractor/Consultant] are exempt prior to the accepta.nce by the City or public citation by the City in connection with City action. Personal Services Agreement— �1h'hite Bluff's Consulting) (Shoreline Master�'roeram Periodic Update} Page 3 of 10 6.2 If the [Contractor/Consultant] becomes a custodian of public records of the City and request for such records is received by the City, the [Contractor/Consultant] shall respond to the request by the City for such records within five (5) business days by either providing the records,or by identifying in writing the additional time neeessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the [Contractor/Consultant] within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide [Contractor/Consultant) at least ten (10) business days prior written notice of the pending release and to reasonabiy cooperate with any legal action which may be initiated by the[Contractor/Consultant]to enjoin or otherwise prevent such release. 7. Indenendent Contractor Relationsh�. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the [Contractor/Consultant]. No agent, employee, officer or representative of the [Contractor/Consultant] shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the [Contractor/Consultant]are not entitled to any of the benefits or privileges the City provides for its employees. The[Contractor/Consultant]will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, [Contractor/Consultant] is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein rnust meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory cornpletion thereof. 7.3 The[Contractor/Consultant]shall comply with all State and Federal laws including, but not limited to: 73.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. Personal Services Agreement— �White Bluffs Consulting} (Shoreline Master Program Periodic Update� Page 4 of 10 7.4 The City may, at its sole discretion, require the [Contractor/Consultant]to remove any employee,agent or servant from employment on this Project who,iri the City's sole discretion, may be detrimental to the City's interest. 7.5 [Contractor/Consultant]as an independent contractor and not an employee shall not be entitled to any employee benefits including but not limited to vacation time,sick leave,paid time off,or paid holidays. 8. Indemnification. 8.1 The [Contractor/Consultant] shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries,damages,losses or suits including attorney fees,arising out of or resulting from the acts,errors or omissions of the [Contractor/Consultant] in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the [Contractor/Consultantj, and the City, its officers, officials, employees, and volunteers, the [Contractor's/Consultant's] liability, including the duty and cost to defend, hereunder shatl be only to the extent of the [Contractor's/Consultant's] negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the [Contractor's/Consultant's] waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indernnification shall include damages,penalties and attorney fees caused by [Contractor's/Consultant's] delayed or failed performance of Section 6 above. 9. Insurance. The [Contractor/Consultant] shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the [Contractor/Consultant], its agents, representatives, employees, or subcontractors. The [Contractor's/Consultant's] maintenance of insurance as r.equired by the Agreement shall not be construed to limit the liability of the [Contractor/Consultant] to the coverage provided by such insurance,or otherwise limit the City's recourse to any remedy available at law or in equity. Personal Services Agreement—{White Bluffs Consulting; iShoreline Master Program Periodic Update} Page 5 of 10 9.1 Minimum Scope of Insurance. [Contractor/Consultant] shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 O1. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occunence form CG 00 O1 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the [Contractor's/Consultant's] Commercial General Liability insurance policy with respect to the work performed for the Ciry using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.13 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the [Contractor's/Consultant's]profession. 9.2 Minimum Amounts of Insurance. [Contractor/Consultant] shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: � $2,000,000 each occurrence; and ' � $2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: � $2,000,000 per claim; and � $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The [Contractor's/Consultant's] Automobile Liability and Commercial General Liability insurance policies are to contain,or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance,or self-insured pool coverage maintained by the City shall be excess of the [Contractor's/Consultant's] insurance and shall not contribute with it. 9.3.1 The [Contractor's/Consultant's] insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30)days Personal Services Agreement— (White Blut�s Consulting} {Shoreline Master Program Periodic Update} Page 6 of 10 prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acce tabilit of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. 9.5 Verification of Covera�e. [Contractor/Consultant] shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to,the additional insured endorsement,evidencing the insurance requirements of the Agreement before commencement of the work. 9.6 Notice of Cancellation. The [Contractor/Consultant] shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 9.7 Cit � Full Availabili of Consultant Limits. If the [Contractor/Consultant] maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the [Contractor/Consultant], irrespective of whether such limits maintained by the [Contractor/Consultant] are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the [Contractor/Consultant]. 9.8 Failure to Maintain Insurance.Failure on the part of the [Contractor/Consultant]to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the [Contractor/Consultant] #o correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the [Contractor/Consultant] from the City. 10. Nondiscrimination. In the performance of this Agreement, the [Contractor/Consultant} will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment hecause of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The [Contractor/Consultant] shall ensure that applicants are employed,and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. Personal Services Agreement— {White�3luffs ConsultingJ {Shoreline Master Program Periodic Update} Page 7 of 10 _.` 11. Covenant Against Contin�ent Fees. The [Contractor/Consultant]warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the [Contractor/Consultant], to solicit or secure this Agreement; and that it has not paid or agreed to pay any company,person or firm, other than a bona fide employee working exclusively for the [Contractor/Consultant], any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty,the City shall have the right to terminate this Agreement. 12. Assi�nment and Subcontractin�. 12.1 The City has awarded this Agreement to the [Contractor/Consultant] due to its unique qualifications to perform these services. The [Contractor/Consultant] shall not assign (or subcontract other than as specifically identified in E�ibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City,which consent must be sought at least thirty(30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination;proper bidding procedures where applicable;and all local,State and Federal statutes, ordinances, and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement,must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten(10}business days written notiice in advance of the effective date of such termination. 13.2 Terntination for Cause. If the [Contractor/Consultant] fails to perform in the rnanner called for in this Agreement, or if the [Contractor/Consultant] fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five(5)business days of written notice thereof,the City may tertninate this Agreement for cause. Termination shall be affected by serving a notice of termination on the [Contractor/Consultant] setting forth the manner in which the [Contractor/Consultant] is in default. The [Contractor/ConsultantJ will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement,time is of the essence. Personal Services Agreement— �White Bluffs Consulting} iShoreline Master Program Periodic Update) Page 8 of 10 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 Far the Ciry: Rick White,or his/F�er designee Director,Community and E;conomic Development 525 N 3`d Avenue Pasco, VVashington 9930 f `�=;, 54 -3 whiter@pasco-wa.gov 14.3.2 For the [Cantractor/Consultant]: Ben Floyd,or his/her designee Principal I 89205 I� 36t�'Ave Kennewick, WA 99337 (509) 539-3366 bcn�wh itebluffsconsulting.com 15. Dis�ute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith ef�ort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RC W 7.04A,as amended,with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Ageement shall not constitute a waiver of any other similar event or other provision of this Agreement. Personal Services Agreement—iWhit�Bluffs('onsulting} {Shoreline Master Program F'eriodic Update} Page 9 of 10 l7. inte�ration. This Agreem�nt between the parties consists in its entirety af tiiis docuanent and any exl�ibits,schedules or attachrnents. Any modification ofthis Agreement or change order affectin�this Agreeme�t shali be in writing and si�ned by both pa.rties. 18. Autharization. By signature below, each party warrants that they are autharized and empc�wered to ea�Lcut� this Agreement binding tlie �ity and tlie [Contractvr/Consultant] r�spectively, IN WITNESS WHERF.OF,the parties have caused this Agreernent to be executed on the dat�first written above. C�OF PA:' "O, WASHING'I'Q1V GONSULTANT . _ ,�..�� G z. � � �P l� Z�- D�r�e Za b�l l, Ci ty Manager(>$5 0,0 0 4 { O N' C T C? C U L T A N ) l�epartrnene L)irectc�r(<. $St�,U{�(�) A'i'TEST: � t Debra C.Barl�am,City Clerk APPROVED AS TO FC?RM: — Kerr Fer T aw,PLLC, City Attorney Personal Services Agreement—gWhite Hluffs Cansulting� {Shoreline M�ster Pragram Feriodic L"pdate} Page 10 of 1Q ExHiBir a SCOPE OF SERVICES AND BUDGET City of Pasco(the"City")has hired White Bluffs Consuiting to assist with a limited review and update to the Cit�/s Shoreline Master Program(SMP).The City approved a final updated SMP in 2016. Project Understanding The City intends to make limited amendments to the City of Pasco Shoreline Master Program(SMP),adopted in 2016.The limited SMP amendments will be based upon the Scope of Work provided below. The tasks outlined in this Scope of Work will be completed by no later than lune 15,2023. Scope of Senrices and Deliverables Task 1: Project Initiation, Coordination, Management and Administration Subtask 1.1 Coordination with Fcology on SMP Amendment Assist City staff throughout the process to coordinate and consult with Ecology to provide them opportunities to review and provide comments on draft deliverables. White Bluffs Consulting team members will request and attend one meeting with Ecology Eastern Regional staff and City staff to discuss the proposed scope of the SMP amendment. The purpose of this meeting will be to coordinate with Ecology on the limited review process,identify any concems or specific challenges arising from the proposed limited amendments,and to identify all documents, supporting materials,and pracesses required as part of the Ecology's review process. SubYask I.2 Project ManagementActivities Manage project schedule,scope and provide inforrnation to the City for submitting quarterly progress reports and payment requests to Ecology through the EAGL system,and closeout report. Monthly billing of invoices and coordination with the City through regular meetings held during the review process. Support City in maintaining project documentation. Task 3: Public Participation Subtask 3.1 Public Participotion Plan Development and!mplementation Develop a Public Participation Plan(PPP)in consultation with City staff that encourages public involvement during the amendment process consistent with WAC 173-2b-090.The PPP will identify the following: • Characterize opportunities for public input and engagement during the SMP and CA code amendment process,and how to stay informed. • Identify a list of key stakeholders to engage in early and continuous participation in the SMP and CA code amendment process. • Identify public and Planning Commission workshops and City Commissioner meetings on the project timeline. Prepare draft outreach and informational documents as needed,public notices that inform the public of the limited SMP amendment,and seek their input and involvement,including coordination of notice for the public hearing and comment period with Ecology pursuant to WAC 173-26-104. 1 I City of Pasco _��� W H ITE B LU�FS � ��� G O hl S U L T 1 N p Public participation may include up to one putilic workshop to soliat early public and agency comments during the drafting of the SMP amendment. The City will also develop and maintain an SMP Amendment website to provide the public with information on the SMP amendment,meeting announcements,and a complete project library. Task 4: Develop Limited SMPAmendment and CA Code Updates Su6task 4.1 Review Crty's SMP and Ecology Checklist for Consistency Review the Cit�s SMP(including goals,policies,and background data),chapter 90.58 RCW,and Ecology's SMP rules, and the most recent SMP checklist to determine if any amendments are needed to the Cit�/s SMP to maintain compliance.Utilize Ecology's checklist to assist in this review and document what SMP changes are being made to address new statutory or regulatory changes. Determine if any new information or improved data is available since the last update of the SMP in 2016 that require amendments to the SMP. Conduct additional analysis as necessary. Subtask 4.2 Draft Revrsed SMP Goals,Policies and Regulations or Prepare Findrngs of Adequacy Draft proposed amendments and track recommended changes in the SMP including: • Evaluate and amend/update Shoreline Analysis Report,Restoration Plan and Cumulative Impacts Analysis,if necessary,to ensure data is up to date and consistent with SMP including the a-itical areas in shoreline jurisdiction. • Draft proposed amendments to the SMP.Amendments to the SMP should incorporate any updates, corrections to typos and/or reorganization,as necessary,to make the regulations easy to navigate and apply. Or,where the review conducted under Task 4A concludes no changes are necessary,prepare draft Findings of Adequacy. Subtask 43 Develop Draft State Environmentarl PolicyAct Checklist White Bluffs Consulting will prepare a draft State Environmental Policy Act(SEPA)checklist in compliance with RCW 43.21 C. Task 5 — Fina�l Draft SMP or Findings of Adequacy Subtask5.1 PresentSMPAmendment to Ecology White Bluffs Consulting team members will request and attend one meeting with Ecology to present the SMP amendment and supporting materials.The purpose of the meeting will be to identify any concems on the part of the State as to the consistency of the SMP amendment with state law or policy.White Bluffs Consulting,under the direction of City team members,will update the defiverables developed in Task 1 to address the concems of the Ecology regional shoreline planner. Subtask 5.2 Support I�uring Pubtic hleoring White Bluffs Consulting will support and attend one public hearing to consider the proposed SMP amendment. White Bluffs Consulting will develop a presentation on the proposed SMP amendment and the effects on shoreline development,shoreline ecological functions,and the science supporting the SMP amendment White Bluffs Consulting team members will compile public comments made during thejoint local/state public hearing for incorporation with written comments submitted during the public comment period. 5ubtask 53 Prepare Comment/Response Matrrx White Bluffs Consulting will provide documentation of all public input received during the hearing and public comment period and responses will be developed as needed.The comments and responses will be complied in a single document for review by the City prior to submittal to Ecology as part of the administrative record and per WAC 173-23-1�4(2)(e)and(3). 2 � City of Pasco ,,�t VI��ITE LUFFS � �•�• c o w s u � r a r� c White Bluffs Consulting will compile comments received from Ecology and other agencies on behalf of the City during the joint public comment period and include them in the same comment/response matrix.Commerats will be addressed in responses or updates to specific language in the SMP amendment or supporting documents.White Bluffs Consulting will work with the Ecology regional shoreline planner to anticipate and preemptively address potentia)concems of state agencies in order to minimize or eliminate work under this task. Subtask 5.4:Coordinate Stare Submitta!and Local Adoption Technical and scientific support in communications with Ecology and other State agencies. • Technical and scientific support during Planning Commission and City Council deliberations. • Prepare a summary responding to all comments received during the public comment period,at any public meeting/open house,the Planning Commission hearing,and any City Council hearings, priorto Commissioners adoption of the draft SMP. Subtask 5.5 Initial State Submittol White Bluffs Consulting will.attend up to one meeting or hearing with the Pasco City Council to present the proposed SMP amendment and comment/response matrix and answer any questions prior to the initial submittal to Ecology. White Bluffs Consulting will coordinate the submittal to Ecology for initial determination per WAC 173-26-104(3). Subtask S.6 Local Adoption Following Ecologys initial determination of concurrence,White Bluffs Consulting will support the City in the local adoption of the SMP amendment by BOCC resolution or ordinance to be prepared by the City.White Bluffs Consulting will support up to one meeting with the City Council. Subtask 5.7 Fina1 State Review and Approva! Following local adoption,White Bluffs Consulting will prepare a complete submittal package of all required materials for the formal adoption and approval of the SMP amendment by Ecology. Deliverables The following deliverables will be submitted electronically in draft form for review and comment by City team members.Final versions will also be submitted electronically. • Draft and final Ecology coordination meeting notes. • Draft and final Public Participation Plan. • Draft and final redline strikeout of the City of Pasco SMP • Draft and final statement of proposed changes to the City of Pasco SMP and CA Code. • Draft and final SEPA checklist. • Draft and final comment/response matrix. • City review draft and public review draft SMP submitta!checklist • Draft and Final Findings of Adequacy,as applicable Assumptions The scope of work contained in this document is predicated upon the following provisions,assumptions,and conditions: • The City may eliminate any task and associated contract hours/fees at any point throughaut the contract period and will provide written notification of the task elimination to the consultant Consultants will be paid for any associated contrad hours worked/fees incurred prior to notification of cancel lation. 3 � City of Pasco r WH1TE BLU�FS �� C O N S U L T I fV 6 • All work products,including records,files,documents,plans,computer disks,magnetic media or material which may be produced or modified by the consultant or sub-consultant while performing work shall belong to the City.Digital copies of any data collected by the consultant or subconsultants shall be provided to the City. • All consultant deliverables will be prepared in MS Word format.All spreadsheets and graphs will be prepared in MS Excel format All maps and graphs shall be produced in color where appropriate.Digital copies of draft and final deliverables will be provided in both MS Word and PDF file formats requested by City staff.Digital versions shall include all graphics,tables and appendices in suitable form for publishing on the City website. • Unless otherwise agreed upon,the City is responsible for document reproduction and distribution of all review and final drafts. • The consultant will have primary responsibility for coordinating,reviewing,and editing information obtained from their team members to ensure that the individual sections of the work submitted are prepared as part of one cohesive framework and/or document consistent in style and content. Schedule and Budget No. Task Sub-Task Schedule Budget 1.1:Coordination with Ecology on SMP Amendment 1 Project Initiation, 1.2:Project Management Activities May 2022—June 2023 $2,000 Coordination, Management and dministration 3.1:Public Participation Plan Developmen 3 Public Participation and Implementation June—Sep 2022 $2,000 Develop Limited .1:Review City's SMP and Ecology SMP Amendment Checklist for Consistency Technical Input and CA Code July—Dec 2022 $22,000 Updates .2:Draft Revised SMP Goals,Policies and Regulations or Prepare Findings of .3:Develop Draft SEPA Checklist 5.1 Present SMP Amendment to ECY Final Draft SMP or 5.2 Support During Public Hearing 5 Findings of dequacy 5.3 Prepare Comment/Response Matrix 5.4 Coordinate State Submittal and Local $2,000 do tion Jan—June 2023 5.5 Initial State Submittal 5.6 Local Adoption 5.7 Final State Review and Approval 4 � CityofPasto c�r'; r INHITEBLUFF� • ��' C O N S U L T 1 N G � � DATE(MMlDD/YYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE 01/30/2022 T I �IFI E I UED A ATTER F 1 LY ND R N R HT FI ATE L R. T CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsement s. PRODUCER CONTACT NAME: HISCOX II1C. PHONE �888�202-3007 Fac No: 520 Madison Avenue E•MAIL 32nd Floor auoRess: contact@hiscox.com NewYork,N@W Y01'k 10022 INSURERSS)AFFORDINGCOVERAGE NAIC# iNsuReRn: Hiscox Insurance Company Inc 10200 INSURED INSURER B: White Bluffs Consulting LLC INSURER C: 189205 East 36th Ave Kennewick,WA99337 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE ADDL SUBR POLICY NUMBER MM DDYlYYYY MMlDD/YYYY UMIT$ LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE �OCCUR PREMISES Ea occurrence S MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY�PR� �LOC PRODUCTS-COMP/0P AGG $ JECT OTHER: $ AUTOMOBILELIABILITY COMBINEDSINGLELIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accitlent) $ AUTOS NON4WNED per�accid nDAMAGE $ HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MA�E AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y�N STATUTE ER ANYPROPRIETORIPARTNERlEXECUTIVE ❑ N�a E.L.EACH ACCIDENT $ OFFICERlMEMBEREXCLUDED? — (Ma�datory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 A Professional Liability P100.156.533.2 03/16/2022 03/1612023 Each Claim:$1,000,000 Aggregate:$1,000,000 DESCRIPTION OF OPERATYONS 1 LOCATIONS/VEHICLES(ACORD 101,Addkional Rema�ks Schetlule,may be attached IF more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD � � DATE�MM/DDNWY) ACORD CERTIFICATE OF LIABILITY INSURANCE 01/30/2022 THI ER I 1 ATE I I U A A F I RMATI A a P N THE I I A . CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE7WEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HISCOX If1C. PHONE $$$ 202-3007 FAX 520 Madison Avenue E_�A Lo Ext: � ) ac No: 32nd Floor aonRess: contact�hiscox.com New York,NQW YOfI('I OOZZ INSURER(S}AFFORDING COVERAGE NAIC# iNsuReRa: Hiscox Insurance Company Inc 10200 INSURED INSURER B: White Bluffs Consulting LLC INSURER C: 189205 East 36th Ave Kennewick,WA99337 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE ADDL SUBR pOLICY NUMBER � MM DDYIYYYY MM/DDY/YYYY LIMITS LTR X COMMERCIALGENERAL LIABILITY I EACH OCCURRENCE $ Z OOO OOO CLAIMS-MADE �OCCUR PREMISES EaEoccu encel $ 100,000 MED EXP(Any one person) $ 5,000 A P100.157.315.2 03/16/2022 03/16l2023 pER50NAL&ADVINJURY g 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY�jECT � LOC � PRODUCTS-COMPIOPAGG $ S/T Gen.Agg. OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NONAWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Peraccident $ UMBRELLALIAB OCCUR �I EACHOCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERSCOMPENSATION ' PER OTH- AND EMPLOYERS'LIABILITY Y�N STATUTE ER ANYPROPRIETORlPARTNER/EXECUTIVE ❑ N�A E.L.EACH ACCIDENT $ OFFtCERlMEM BER EXCLUDED9 - (Mantlatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ � i DESCRIPTION OF OPERATION5/LOCATIONS 1 VEHICLES(ACORD 101,AddRional Remarks Schedule,may be akached if more spaee is requlred) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEPORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE � O 1988-207 5 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD