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
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{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
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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
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iNsuReRa: Hiscox Insurance Company Inc 10200
INSURED INSURER B:
White Bluffs Consulting LLC INSURER C:
189205 East 36th Ave
Kennewick,WA99337 INSURERD:
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MED EXP(Any one person) $ 5,000
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