HomeMy WebLinkAboutResolution 2025-12, SCJ Alliance Consultant AgreementCity of East Wenatchee Resolution No. 2025-12 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-
16 Rev. 1).
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2025-12
A Resolution of the City of East Wenatchee, Washington, authorizing the Mayor to execute a consultant services agreement with SCJ Alliance for work related to the 2026 periodic update.
1.Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,etc.), póngase en contacto con la administradora municipal al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov,, at (509) 884-9515, or at 711 (TTY).
2.Authority.
2.1. The City of East Wenatchee is a non-charter code City duly incorporated andoperating under the laws of the State of Washington.
2.2. RCW 35.11.020 and RCW 35A.12.190 authorize the City of East Wenatchee(“City Council”) to organize and regulate its internal affairs.
3.Recitals.
3.1. RCW 36.70A.130 (Growth Management Act) requires that the city takeaction to review and, if necessary, revise their comprehensive plans and development regulations to ensure that the plan and regulations comply with the Growth Management Act.
3.2. At their December 17, 2024, meeting, the City Council approved an interagency agreement with the Washington State Department of Commerce to receive grant funds to support work on the 2026 periodic update for FY25.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
Section 1: Purpose. To authorize the Mayor to execute a Consultant Services Agreement with SCJ Alliance for work related to the 2026 periodic update as set forth in Exhibit A.
Section 2: Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
City of East Wenatchee Resolution No. 2025-12 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-
16 Rev. 1).
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Section 3: Effective Date. This resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 21st day of January 2025.
CITY OF EAST WENATCHEE, WASHINGTON
By _________________________________ Jerrilea Crawford, Mayor
ATTEST:
___________________________ Anna Laura Leon, City Clerk
Approved as to form only:
___________________________ Robert R. Siderius City Attorney
FILED WITH THE CITY CLERK: 01-16-2025 PASSED BY THE CITY COUNCIL: 01-21-2025 EFFECTIVE DATE: 01-21-2025
Jerrilea Crawford (Jan 29, 2025 15:34 PST)
Jerrilea Crawford
CONSULTANT SERVICE AGREEMENT – 2026 PERIODIC UPDATE
SCJ ALLIANCE
Page 1
CONSULTANT SERVICE AGREEMENT
This agreement is made, effective as of January 21, 2025, 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 the 2026 Periodic Update to the Greater East Wenatchee Area Comprehensive Plan
and development regulations. Services are subject to the City receiving grant funding from the
Washington State Department of Commerce for the periodic update. 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 Time of Performance. Consultant’s Services shall commence on January
21, 2025 and continue until work in Exhibit A is complete or June 30, 2026 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 $125,000.00 which is funded by Washington Department
of Commerce Periodic Update Grants divided into FY 2025 and FY 2026. The proposed
budget is attached to this Agreement as Exhibit A.
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.
2.2 Taxes and Withholdings. Consultant shall be exclusively liable for
the payment to the appropriate governmental authority of all required contributions and
CONSULTANT SERVICE AGREEMENT – 2026 PERIODIC UPDATE
SCJ ALLIANCE
Page 2
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
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.
CONSULTANT SERVICE AGREEMENT – 2026 PERIODIC UPDATE
SCJ ALLIANCE
Page 3
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:
William Grimes, AICP
Shea, Carr & Jewell, Inc (dba SCJ Alliance)
108 N Washington, Suite 300
Spokane WA 99201
509-835-3770
Bill.grimes@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.
Venue shall be in Douglas County, state of Washington. The substantially prevailing party shall
CONSULTANT SERVICE AGREEMENT – 2026 PERIODIC UPDATE
SCJ ALLIANCE
Page 4
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.
CONSULTANT SERVICE AGREEMENT – 2026 PERIODIC UPDATE
SCJ ALLIANCE
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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 – 2026 PERIODIC UPDATE
SCJ ALLIANCE
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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: William Grimes, AICP
Principal, Shea, Carr & Jewell, Inc (dba SCJ
Alliance)
Dated: _____________________________
CONSULTANT SERVICE AGREEMENT – 2026 PERIODIC UPDATE
SCJ ALLIANCE
Page 7
Exhibit A
Scope of Work and Budget
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.
EastWenatchee Periodic Update Scope
This scope of work conforms generally to the Commerce grant the City has received for this
update, categorizing our work phases to coincide with the grant's work tasks and timing.
We have also designed this work to fit within the available grant resources, anticipating a
close partnership between the consultant and city staff to accomplish the full periodic
update within the available budget. This translates to expectations of staff commitment,
assisting with drafting portions of the plan, reviewing draft products, coordinating meeting
logistics, contributing to the project website, answering public questions about the plan
and process, drafting portions of critical areas and development regulations amendments,
and providing other support as maybe necessary to manage this project through plan
adoption.
We will coordinate with the City to ensure deliverables and the pace of work will coincide
with the grant's requirements.
Phase 1: Public Participation
The public participation effort will span both fiscal years, with the early tasks focused on
amending the City's public participation plan, conducting up to eight orientation interviews
with individuals or small groups identified by staff, developing and managing a bilingual
project website, developing and administering a bilingual online survey targeting youth,
seniors, and Spanish-language households, and conducting up to two public workshops,
one each on vision and planning options. The engagement effort in fiscal year 2026 will
provide a community open house on the plan's initiatives and proposed implementation
strategies, a summary of the engagement effort, and a public and agency comment matrix,
categorizing comments bytopicand linking them to relevant, comprehensive plan policies.
This effort will be collaborative. We will work closely with staff to support coordinating
workshop logistics, public notice, outreach, venue selection, and scanning of workshop
and open house materials at the conclusion of each event. We may also rely on city staff to
assist with Spanish-language translation for in-person events.
SCJ will coordinate with local Native American tribes to invite their formal participation in
the process, too, ensuring the process remains open at all levels for their involvement.
Deliverables:
1. Updated participation plan (Commerce deliverable 1.1)
2. Orientation interviews and summary (Commerce deliverable 1.1)
3. Vision and priorities workshop and summary (Commerce deliverable 1 .1)
Exhibit A
4. Planning scenarios workshop and summary (Commerce deliverable 6.1)
5. Plan implementation open house and summary (Commerce deliverable 6.1)
6. Project website (English/Spanish)
7. Online survey (English/Spanish) and summary (Commerce deliverable 6.1)
8. Engagement summary (Commerce deliverable 6.1)
9. Public/agency comment matrix (Commerce deliverable 6.1)
Phase 2: Plan Audit and Background
We will review the existing comprehensive plan and its amendments, summarize the
various policy changes since its Latest comprehensive update, and assess GMA
compliance based on the Commerce checklist. We will also prepare a community profile
for inclusion in the plan, summarizingthe community's demographic and socio-economic
status.
Deliverabtes:
• Draft Commerce checklist (Commerce deliverable 1.2)
Community profile report (Commerce deliverable 1.2)
Phase 3: Draft Comprehensive Plan Update
We will prepare a final Commerce checklist based on staff comments on the draft and then
consolidate comprehensive plan policy into a policy framework, identifying those policies
needing to be revised to comply with GMA requirements and those which maybe
duplicates of or internally inconsistent with other plan policies. We will then work with staff
to draft an updated comprehensive plan, focusing on consultant efforts in the housing,
transportation, critical areas, and capital facilities elements. We will review staff's work on
the other plan elements, coordinate policy initiatives, and update the plan's policy
framework in response. We will then consolidate and publicize a draft comprehensive plan
for public review, ensuring the plan uses text, imagery, and tables to effectively and
attractively communicate the plan's policy initiatives. In fiscal year 2026, we anticipate
producing the final draft of the Comprehensive Plan, incorporating results from the later
public engagement efforts and agency comments, and readying the plan for public hearing
and adoption.
Deliverables:
Final Commerce checklist (Commerce deliverable 1.3)
Exhibit A
Draft policy framework and amendments analysis (Commerce deliverable 1.3)
Public review draft Comprehensive Plan (Commerce deliverables 1.4, 2.1, 2.2, 2.4)
Draft final Comprehensive Plan (Commerce deliverable 2.1)
Phase 4: Critical Areas Ordinance Update
We will support City staff in preparing changes to the critical areas element, implementing
the ordinance, completing the Commerce critical areas checklist, and providing options to
consider when drafting the new ordinance.
Deliverables:
Critical areas checklist (Commerce deliverable 1.5)
Draft critical areas element amendment (Commerce deliverable 1.5)
Phase 5: Comprehensive Plan SEPA Review
We will manage the SEPA process for the periodic update, anticipating a Supplemental EIS
process to augment the existing Comprehensive Plan EIS. This work will integrate the SEIS
into the plan's body, offering efficiencies in document production and plan review.
Deliverables:
• SEPA Checklist (if necessary) (Commerce deliverable 2.5)
Draft Supplemental EIS (Commerce deliverable 2.5)
Final Supplemental EIS (Commerce deliverable 2.5)
Phase 6: Development Regulations Update
We will review the Commerce checklist and the draft Comprehensive Plan policy
framework to identify the scope of necessary revisions to the City's development
regulations, identifying those specific regulations needingto be amended to comply with
GMA and implement the plan's initiatives. We will then support staff in writing the draft
changes, providing models from other jurisdictions, and reviewing material staff generates.
We will assist staff in preparing public review materials for the new rules, supplementing
them with explanations or graphics as appropriate.
Exhibit A
Deliverables:
Final development regulations checklist (Commerce deliverable 2.3)
Public review draft of required amendments (Commerce deliverable 2.3)
Phase 7: Adoption Process
We will assist staff in preparing appropriate resolutions or ordinances to support the
adoption of plan and development regulations.
Detiverables:
• Resolution/ordinance for comprehensive plan (Commerce deliverable 2.7)
Ordinance for development regulations (Commerce deliverables 2.3, 2.7))
Exhibit A
EastWenatchee Periodic Update Budget
Task
Phase 0 - Project administration and management
Monthly status reports
Monthly coordination meetings
Phase 1 - Public participation
Updated participation plan
Orientation interviews and summary
Vision and priorities workshop
Planning scenarios workshop
Phase 2 - Plan audit and background
Draft Commerce checklist
Community profile report
Phase 3 - Draft comprehensive plan update
Final Commerce checklist
Draft policy framework and amendments analysis
Public review draft comprehensive plan
Phase 4 - Critical areas ordinance update
Critical areas checklist
Draft critical areas element amendment
Total hours/fee
Expenses (at 2% of fee)
Total project budget - FY 25
Fee
2872
4536
1560
2496
3560
3560
1928
4596
928
6100
26176
928
1856
61096
1404
62500
Exhibit A
Task
Phase 0 - Project administration and management
Phase 1 - Public participation
Plan implementation open house
Project website
Online survey and summary
Engagement summary
Public/agency comment matrix
Phase 3 - Draft comprehensive plan update
Draft final comprehensive plan
Phase 5 - Comprehensive plan SEPA review
SEPA checklist (not necessary with SEIS)
Draft Supplemental EIS
Final Supplemental EIS
Phase 6 - Development regulations update
Final development regulations checklist
Public review draft of required amendments
Phase 7-Adoption process
Resolution/ordinance for comprehensive plan
Ordinance for development regulations
Total hours/fee
Expenses (at 2% of fee)
Total project budget - FY26
Fee
3560
4448
2896
488
488
15196
0
16068
3156
0
11196
1560
2632
61688
812
62500
Exhibit A
RRS signed Resolution 2025-12, SCJ Alliance
Consultant Agreement
Final Audit Report 2025-01-29
Created:2025-01-29
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAKNCBM9UQyAdDm6JkvSjHGlTZUU50yjmE
"RRS signed Resolution 2025-12, SCJ Alliance Consultant Agre
ement" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2025-01-29 - 11:28:08 PM GMT
Document emailed to jcrawford@eastwenatcheewa.gov for signature
2025-01-29 - 11:28:23 PM GMT
Email viewed by jcrawford@eastwenatcheewa.gov
2025-01-29 - 11:34:00 PM GMT
Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford
2025-01-29 - 11:34:16 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2025-01-29 - 11:34:18 PM GMT - Time Source: server
Agreement completed.
2025-01-29 - 11:34:18 PM GMT