HomeMy WebLinkAbout06-05-2024 SCJ Alliance Consultant Services Agreement for Climate Resiliency PlanningCONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING
SCJ ALLIANCE
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CONSULTANT SERVICE AGREEMENT
This agreement is made, effective as of June 4, 2024, by and between The City of
East Wenatchee (“City”) and Shea, Carr & Jewell, Inc (dba SCJ Alliance) (“Consultant”).
City and Consultant agree as follows:
SECTION 1 – SERVICES
1.1 Services. Consultant is being retained pursuant to this Agreement for
purposes of creating Climate Element and resiliency sub-element for the Greater East Wenatchee
Area Comprehensive Plan. Consultant is not being retained as an employee of City and the
parties agree that nothing in this agreement and no performance under this agreement will cause
Consultant to become an employee of City. Consultant shall perform its services for City in a
good and competent manner and shall provide all services in full compliance with the terms and
conditions of this Agreement, exercising that Consultant skill and care which is consistent with
customary practice.
1.2 Scope of Services. Consultant’s services shall consist of providing that
scope of work as identified in the Contracted Services & Scope of Work proposal, attached as
Exhibit “A”, under the direction of the mayor or her designee, in a manner consistent with
accepted professional practices for other similar services. Consultant will provide progress
briefings to City’s Community Development Director as necessary, however, no less frequently
than one a month.
1.3 Climate Commitment Act Funding Acknowledgements and Branding.
The Climate Commitment Act acknowledgement and logos shall be utilized in accordance with
the Office of the Governor’s Directive 24-01.
1.4 Time of Performance. Consultant’s Services shall commence on June 4,
2024 and continue until work in Exhibit A is complete or June 15, 2025 unless earlier terminated
in accordance with Section 3 below.
SECTION 2 – COMPENSATION
2.1 Compensation. Consultant is expected to complete the Scope of
Services at a cost not to exceed $150,000.00. The proposed budget and Consultant
billing rates are attached to this Agreement as Exhibit B.
2.1.1 City will pay Consultant, for invoiced services furnished in
compliance with the terms of this agreement, a total cost not to exceed the amount
set forth in section 2.1 above. Consultant will submit invoices to City no more
frequently than once per month. City will pay consultant within 45 calendar days
following its receipt of each invoice. The Consultant will also submit a final invoice
upon completing all services.
CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING
SCJ ALLIANCE
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2.2 Taxes and Withholdings. Consultant shall be exclusively liable for
the payment to the appropriate governmental authority of all required contributions and
taxes, including taxes imposed under the provisions of any unemployment insurance,
Social Security or pension plan insofar as the taxes pertain to the work performed under
this Agreement. City shall not be responsible for any Consultant/employer required tax
payments or withholdings relating to Consultant’s performance of work.
SECTION 3 – TERMINATION
3.1 Termination. The failure of Consultant or City to fully conform with
all the terms and conditions of this Agreement shall constitute a default. If Consultant or
City have failed to cure any default within five (5) business days after receipt of written
notice specifying the default, Consultant or City, in addition to all other remedies available
to it, may terminate this Agreement. In the event of termination for default of Consultant, City
may have the work taken over and completed by a Consultant of its choosing. In the event of a
default, Consultant shall deliver to City upon five (5) days written notice all finished or
unfinished documents, data, studies, reports and the like prepared by the Consultant. Upon
termination or default by City, Consultant may suspend performance of services under this
Agreement. In the event of this suspension of services, Consultant shall have no liability to City
for delay or damage caused City because of such suspension of services and Consultant shall be
compensated for services properly performed prior to termination. Upon termination for cause,
Consultant shall only be paid for the reasonable value of services rendered to the point of
termination.
3.2 Termination for Convenience. City may terminate this Agreement without
cause upon thirty (30) days written notice. Upon receipt of notice of termination, Consultant
shall immediately cease performing services. In the event of termination of this Agreement in
accordance with this paragraph, Consultant’s sole compensation shall be for services performed
to the date of the receipt of notice of termination.
SECTION 4 – OWNERSHIP OF DOCUMENTS
4.1 Ownership of Documents. All information, reports, charts, documents,
data, programs, information, concepts, and the like made available to Consultant by City or
generated and delivered in the course of performing services for City are the exclusive property
of City.
4.2 Confidentiality/Nondisclosure. All documents identified in Section 4.1
above shall be considered proprietary and confidential and shall not be disclosed to any third
person or entity by Consultant except with the prior written approval of City. In addition,
information may be provided to Consultant that would otherwise be considered proprietary
confidential and not subject to disclosure. Consultant agrees to maintain such information
confidential without the express written approval of City or lawful subpoena or court order. In
the event that Consultant receives a lawful subpoena or court order for production of information
CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING
SCJ ALLIANCE
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that would be considered proprietary or confidential, Consultant shall immediately notify City so
that City will have the opportunity to seek a protective order if appropriate.
4.3 Production of Relevant Information. City shall furnish to Consultant all
applicable information available to City reasonably required for the proper performance of the
Services. Consultant shall be entitled to reasonably rely upon the information provided by City.
SECTION 5 – NOTICES
Any notice provided for or concerning this Agreement shall be in writing. Notice
shall be considered given either when delivered in person to the recipient or upon receipt by
registered U.S. Mail or by email to the following address:
NOTICE TO CITY:
Curtis Lillquist, AICP
City of East Wenatchee
271 9th St NE
East Wenatchee WA 98802
509-884-5396
clillquist@eastwenatcheewa.gov
NOTICE TO CONSULTANT:
Alicia Ayars, AICP
Shea, Carr & Jewell, Inc (dba SCJ Alliance)
108 N Washington, Suite 300
Spokane WA 99201
509-835-3770
Alicia.ayars@scjalliance.com
or to such other address, phone number or email as directed by City or Consultant.
SECTION 6 – ASSIGNMENT OF RIGHTS
The rights and obligations of each party under this Agreement may not be
assigned or transferred to any other person, firm, corporation, or other entity without the prior,
express, and written consent of the other party, Assignment and/or transfer of rights under this
agreement may be denied for any reason in the sole discretion of the party requested to approve
assignment.
SECTION 7 – GENERAL PROVISIONS
7.1 Dispute Resolution. In the event of a dispute, the parties agree to resolve the
dispute by binding arbitration conducted pursuant to RCW 7.04A. This Agreement shall be
governed by, construed, and enforced in accordance with the laws of the state of Washington.
CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING
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Venue shall be in Douglas County, state of Washington. The substantially prevailing party shall
be entitled to recover all costs of suit and collection, including but not limited to, reasonable
attorney fees, lodging and meals, and travel.
7.2 Indemnification.
7.2.1 Contractor Indemnification. Contractor agrees to release, indemnify,
defend, and hold the City, its elected officials, officers, and employees harmless from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties expenses, attorney’s fees, costs, and/or litigation expenses arising from,
resulting from, or in connection with negligent acts, errors or omissions of Contractor in
performance of this Agreement, except for that portion of the claims caused by the City's
sole negligence. 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
Contractor and the City, Contractor's liability, including the duty and cost to defend,
hereunder is only to the extent of Contractor's negligence. Contractor must ensure that
each sub-contractor agrees to defend and indemnify the City, its elected officials,
officers, employees, agents, representatives, insurers, attorneys, and volunteers to the
extent and on the same terms and conditions as Contractor pursuant to this paragraph.
The City's inspection or acceptance of any of Contractor’s work when completed is not
grounds to avoid any of these covenants of indemnification.
7.2.2 City Indemnification. The City agrees to release, indemnify, defend and
hold Contractor, its officers, directors, shareholders, partners, employees, and sub-
contractors harmless from any and all claims, demands, actions, suits, causes of action,
arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities,
losses, fines, fees, penalties expenses, attorney’s fees, costs, and/or litigation expenses
arising from, resulting from or connected with this Agreement to the extent solely caused
by the negligent acts, errors, or omissions of the City.
7.2.3 Insurance. Contractor must carry insurance for liability which may arise
from or in connection with the performance of the Services or work by Contractor, its
agents, representatives, employees or subcontractors for the duration of the Agreement
and thereafter with respect to any event occurring prior to such expiration or termination.
Contractor agrees to carry as a minimum, the following insurance, in such forms and with
such carriers who have a rating that is satisfactory to the City:
7.2.3.1 Commercial general liability insurance covering liability arising
from premises, operations, independent contractors, products-completed operations, stop
gap liability, personal injury, bodily injury, death, property damage, products liability,
advertising injury, and liability assumed under an insured contract with limits no less than
$1,000,000 for each occurrence and $1,000,000 general aggregate.
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7.2.3.2 Workers’ compensation and employer’s liability insurance in
amounts sufficient pursuant to the laws of the State of Washington.
7.2.3.3 Automobile liability insurance covering all owned, non-owned,
hired and leased vehicles with a minimum-combined-single limits in the minimum
amounts required to drive under Washington State law per accident for bodily injury,
including personal injury or death, and property damage.
7.2.3.4 Professional liability insurance with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate for damages sustained by reason of or in the
course of operation under this Agreement, whether occurring by reason of acts, errors or
omissions of Contractor.
SECTION 8 – NO WAIVER
The failure of either party to this Agreement to insist upon performance of any of
the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and
conditions of this Agreement, shall not be construed as thereafter waiving any such terms and
conditions, but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
SECTION 9 – EFFECT OF PARTIAL INVALIDITY
The invalidity of any portion of this Agreement may not and shall not be deemed
to affect the validity of any other provision. In the event that any provision of this Agreement is
held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full
force and effect as if they had been executed by both parties subsequent to the removal of the
invalid provision.
SECTION 10 – MODIFICATION OF AGREEMENT
Any modification of this Agreement or additional obligation assumed by either
party in connection with this Agreement shall be binding only if placed in writing and signed by
an authorized representative of each party.
CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING
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SECTION 11 – ENTIRE AGREEMENT
This Agreement shall constitute the entire Agreement between the parties and any
prior understanding or representation of any kind preceding the date of this Agreement shall not
be binding upon either party except to the extent incorporated in this Agreement. The
undersigned represent that they each are authorized to execute this agreement respectively on
behalf of City and Consultant.
CITY
___________________________________
By Jerrilea Crawford,
Mayor, City of East Wenatchee
Dated: _____________________________
CONSULTANT
___________________________________
By: Alicia Ayars, AICP
Project Manager, Shea, Carr & Jewell, Inc
(dba SCJ Alliance)
Dated: _____________________________
Jerrilea Crawford (Jun 5, 2024 16:12 PDT)
Jerrilea Crawford
Jun 5, 2024
06ҝ06ҝ2024
CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING
SCJ ALLIANCE
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Exhibit A
Scope of Work
East Wenatchee Comprehensive Plan | Climate Planning Element 9
We fully anticipate the scope of work provided in Attachment
A may need to be more inclusive of the components of this
planning effort and that the Department of Commerce’s
Climate Element Guidance books will be utilized in the
approach and final draft of the element and sub-element.
We will work with the City at the onset of this project to
determine if additional tasks may be needed to fulfill this
effort under the Department of Commerce grant funding.
Furthermore, we anticipate a high level of coordination
between the City of East Wenatchee and the City of
Wenatchee up to Deliverable #2 of this scope of work. Like
many planning processes, resiliency and climate change do
not stop at a jurisdiction’s borders. These impacts cover
large regions, like the Wenatchee Valley. Therefore, planning
components identified within this scope of work, such as
climate impacts, community assets, and climate hazards,
are likely to be common to both jurisdictions. However, we
anticipate how a jurisdiction defines its goals, policies, and
implementation strategies can vary widely due to budget
allocations, East Wenatchee’s geographic area, natural areas
within and around the city limits, and many other factors.
We understand Douglas County is also updating its Climate
Element and resiliency sub-element. For consistency between
these two planning efforts and approach to climate planning,
we anticipate holding coordination meetings and collaborative
sessions with the County at predetermined checkpoints.
The scope of work aligns with the steps and deliverables
specified in Appendix A of the RFP and Department of
Commerce Grant application. This comprehensive approach,
guided by the resilience guidance documents provided by
Commerce, offers jurisdictions a structured yet adaptable
method to examine climate science, evaluate impacts on local
sectors and assets, and contemplate policy interventions.
Utilizing the Climate Element Workbook, each corresponding
tab will facilitate each task. Any additional steps or climate
analysis may be identified later in the process, particularly in
Task 2.2.2, to determine the next steps. At this step, we will
determine whether the information to develop goals and
policies is sufficient or if additional analysis is needed to assess
community assets relative to vulnerability or risk. Further
negotiation regarding the budget may need to be adjusted to
accommodate an expanded scope of work.
Section 1 – Initialize Project
In this phase we will establish the internal city and consultant
Climate Resiliency Team, the external Climate Planning
Advisory Team (CPAT), and the engagement strategy for the
project. This phase includes coordination with neighboring
jurisdictions, as necessary, to identify members of the CPAT.
In this phase, we will explore opportunities to coordinate
with other city projects and integrate when necessary. This
scope of work assumes the City of East Wenatchee will
provide an initial list of CPAT members and may correspond
with neighboring cities or counties for additional members if
necessary.
Form a Climate Policy Advisory Team (CPAT)
Establish engagement strategy that supports
environmental justice
Section 2, Step 1 – Explore Climate Impacts
This phase focuses on identifying community assets as
they relate to the 11 priority sectors (agriculture 7 food
systems, buildings & energy, cultural resources & practices,
economic development, emergency management, zoning,
water resources, to name a few). The second area of focus
is exploring hazards and climate changes directly impacting
East Wenatchee and the Wenatchee Valley. Bringing these
two areas together we will begin to prioritize ways to address
these challenges.
Identify community assets
Explore hazards and changes in the climate
Pair assets and hazards and describe exposure
and consequences
Identify priority climate hazards
Scope of Work
Deliverable #1:
»Memo summarizing completion of the CPAT and
Engagement Strategy
Deliverable #2:
»Memo summarizing completion of exploration of
climate impacts
East Wenatchee Comprehensive Plan | Climate Planning Element 10
Section 2, Step 2 – Audit Plans and Policies
In this phase, we will audit the current Comprehensive Plan,
policies, and other related planning documents to identify
areas that address climate change currently and ways to
address climate change in the future.
Review existing plans for climate gaps and opportunities
Determine next steps – determine whether sufficient
information is collected to draft goals and policies or if
additional analysis is needed to assess community assets
relative to vulnerability and/or risk
Section 2, Step 3 – Assess Vulnerability and Risk
This phase we will assess East Wenatchee’s vulnerability and
risk when it comes to our changing climate. Determining
the degree of sensitivity an asset, system, population, or
resource will be affected by a particular hazard. The assets will
be prioritized based on whether it could sustain a negative
impact from a hazard.
Assess sensitivity
Assess adaptive capacity
Characterize vulnerability
Characterize risk
Meet with partners, stakeholders and decision makers to
decide course of action
Section 2, Step 4 – Pursue Pathways
In this phase, we will utilize all of the information gathered in
the previous phases to craft goals and policies that help East
Wenatchee build resilience to climate hazards and impacts.
We will review the cities Comprehensive Plan, Shoreline
Master Plan, Critical Areas, policies, and other planning
documents to conduct the audit.
Develop goals
Develop policies
Identify policy co-benefits
Section 2, Step 5 – Integrate Goals and Policies
The last phase of the project includes integrating the newly
crafted goals and policies into the comprehensive plan
and giving specific focus to particulate elements of the
Comprehensive Plan.
Review and finalize resilience goals and policies
Consult with climate advisory committee, planning
commission, stakeholders and decision makers
Deliverable #3:
»Memo summarizing completion of the plan and
policy audit
Deliverable #4:
»Memo summarizing completion of the vulnerability
and risk assessment
Deliverables #5:
»Memo summarizing the pathways the City will pursue
»Completed copy of the Climate Element workbook
Deliverable #6:
»Adopt the Climate Element and Resilience Sub-Element
CONSULTANT SERVICE AGREEMENT – CLIMATE RESILIENCY PLANNING
SCJ ALLIANCE
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Exhibit B
Rate and Cost Breakdown
Note: The individual section and step costs may be adjusted by agreement
between the City and the Consultant provided the contract amount in Section 2 of
this Agreement is not exceeded.
East Wenatchee Comprehensive Plan | Climate Planning Element 12
Proposed Budget
Billable Hours Total Costs
Section 1 – Initialize Project 58 $9,202
Section 2, Step 1 – Explore Climate Impacts 140 $20,570
Section 2, Step 2 – Audit Plans and Policies 47 $7,142
Section 2, Step 3 – Assess Vulnerability and Risk 60 $10,740
Section 2, Step 4 – Pursue Pathways 84 $15,134
Section 2, Step 5 – Integrate Goals and Policies 29 $5,202
Subtotal 418 $67,990
Cascadia 511 $74,130
Subconsultant Markup $7,413
Subconsultant Total $81,543
Reimbursable Expenses (printing, mileage, etc.)$422
Total Estimated Budget $149,955
Firm Team Member Hourly Rate
SCJ Alicia Ayars $228
Bill Grimes $244
Jair Verduzco $92
Liam Taylor $130
Mike Manning $120
Rachel Granrath $227
Cascadia Abigail Lambert $125
Megan Lee $160
Nicole Gutierrez $160
Team Billing Rates
We understand Commerce grants must be billed based on complete deliverables and must match exact funding as provided in
the grant application. The budget below reflects the split between SCJ and Cascadia’s work. However, if selected, our contract
with the City will match what is provided in the grant application for this work. We will ensure that the phases line up with
the grant deliverables and cost so that the City can be fully reimbursed. The table below indicates an expected level of work,
billable hours, and costs to execute the scope of work. Our desire to be project partners with our clients includes being open and
transparent about the project costs and setup.
Consultant Services Agreement - SCJ Alliance
5-31-2024
Final Audit Report 2024-06-06
Created:2024-06-05
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAw0pSuD6YJRbexmRgXZfWYAUwQkl5I6A8
"Consultant Services Agreement - SCJ Alliance 5-31-2024" Hist
ory
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2024-06-05 - 9:53:37 PM GMT
Document emailed to jcrawford@eastwenatcheewa.gov for signature
2024-06-05 - 9:54:23 PM GMT
Email viewed by jcrawford@eastwenatcheewa.gov
2024-06-05 - 11:11:07 PM GMT
Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford
2024-06-05 - 11:12:22 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2024-06-05 - 11:12:24 PM GMT - Time Source: server
Document emailed to Alicia Ayars (alicia.ayars@scjalliance.com) for signature
2024-06-05 - 11:12:26 PM GMT
Email viewed by Alicia Ayars (alicia.ayars@scjalliance.com)
2024-06-06 - 9:07:48 PM GMT
Document e-signed by Alicia Ayars (alicia.ayars@scjalliance.com)
Signature Date: 2024-06-06 - 9:09:10 PM GMT - Time Source: server
Agreement completed.
2024-06-06 - 9:09:10 PM GMT