HomeMy WebLinkAboutSkookum Contract Services, Amendment No. 2 - 050321 ` 1)G-p I le -.11 feleich P6
01) tg -fl
Organization and Address
Supplemental Agreement
Number 1 BERK Consultants, Inc.
2200 Sixth Avenue, Suite#1000
Seattle, WA 98121
Agreement Number
Project Number Phone
(206)324-8760
Project Title Original Contract Current Contract Estimated Contract
Professional Services Agreement for Shoreline Not to Exceed: Balance: Supplement:
Master Program Periodic Review $40,000.00 $6,038.45 $19,998.00
Description
Supplement No. 1 to Professional Services Agreement for Shoreline Master Program Periodic Review is
appended with"Exhibit B-- Shoreline Master Program Supplemental Services"extending work in Task 5
Supplemental Meeting and Adoption Support. Current contract expires June 30, 2021. Exhibit B describes an
extension to the contract term to provide additional staff support until final adoption of the"Locally Approved
SMP"by the Board of County Commissioners, anticipated to occur prior to October 2021; "Exhibit C—Budget
Supplement"to add $20,000 to the original contract amount for a Not To Exceed amount of$60,000 to provide
a greater level of effort for professional services over a longer review and editing schedule.
The Local Agency of Jefferson County desires to supplement the agreement entered into
with BERK Consultants, Inc. and executed on September 11, 2020 and
identified as Agreement No. Professional Services Agreement for Shoreline Master Periodic Review
All provisions in the basic Professional Services Contract, dated September 11,2020, remain in effect
except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
Section 2. Scope of Services, is hereby changed to read as follows:
Consultant agrees to perform the services, identified on Exhibit`B"Task 5. Supplemental Meeting and
Adoption Support attached hereto, including the provision of all labor.
II
Section 3.Time for Performance, is hereby changed to read as follows:
Work under this contract shall commence upon the giving of written notice by the County to the
Consultant to proceed. Consultant receipt of a Purchase Order shall constitute said notice. "Consultant
shall perform all services and provide all work product required pursuant Exhibit B prior to final adoption
of the"Locally Approved Shoreline Master Program."
III ECEINFE r11
Section 4. Payment, is hereby changed to read at Section 4.a. as follows: 1
JUL 2 7 2021
Page I of 3 _._
n,..r DEPT._OFCOMMikl1YUEVr1_0PN1ENf
"Payment for the work provided by Consultant shall be made as provided on Exhibit"B"attached
hereto,provided that the total amount of payment to Consultant shall not exceed $60,000 without the
express written modification of the agreement signed by the County."
IV
Section 15. Notices, is hereby updated to read at"Notices to Consultant shall be sent to the following
address:"
"BERK Consulting, Inc., 2200 Sixth Avenue, Suite#1000 Seattle, WA 98121"
V
"Exhibit B", and "Exhibit C" are added to the Contract.
Page 2 of 3
Signatures indicate agreement to the changes as stated in this Supplement#1 to the Professional Services
Contract for Comprehensive Plan Periodic Review
DATED this b day of J IA-( 20 2/.
y
BERK Consultants,Inc. COUNTY OF JEFFERSON
Consultant BOARD OF COMMISSIONERS
C ultant's Signature Kate Dean, Chair
Date < '` erton,Me.nber
411
Heidi Ei hour, Member
Approved as to form only this 29th
day of June ,202 1
0. .7 —
Philip Hunsucker,Deputy Prosecuting Attorney
j " �� 1�/�f
Jod/A s, ttterim Director Date
Department of Community Development
Page 3 of 3
June 14, 2021
Shoreline ster Program Supplemental SenfiCtiZ
Jefferson County is completing its periodic review of the Shoreline Master Program (SMP). The SMP will
address recent amendments to the Shoreline Management Act and Ecology rules, ensure consistency with
the comprehensive plan and development regulations, and address changed circumstances, new
information, and improved data. As a key local initiative, the SMP periodic review will address Jefferson
County's Regulatory Reform Program in Resolution 17-19 meant to evaluate development regulations like
the SMP in order to reduce unnecessary complexity, inconsistencies, and unpredictable permitting paths,
while continuing to protect public health and the environment.
The SMP engagement process has included a SMP Task Force, stakeholder meetings, and online survey
and story map. The SMP periodic review amendments have been taken before the Planning Commission
for briefings and a public hearing in June 2021, jointly held with the Washington Department of Ecology.
The 2020 consultant scope identified conducting a public hearing and developing a recommendation for
the Board of County Commissioners. The County wishes to have added consultant support for additional
public meetings and responding to public, tribal, and agency comments.
BERK Consulting, Inc. will continue to serve as prime and support Jefferson County with the periodic
review requirements. Shannon & Wilson will continue to provide advice on elements of the periodic
review related to biology and aquatic elements. Collectively the team is called the Consultant in the
scope below.
Task 5. Sueplernentai Meeting and Adoption Support
After the hearing process in Task 4, the Consultant will attend up to three additional decision maker
meetings with either the Planning Commission or Board of County Commissioners. All meetings are
assumed to be virtual. The Consultant will assist in responding to public, tribal, and agency comments. The
consultant will attend up to three team meetings with County staff and Ecology staff to develop SMP
amendments in response to comments. The Consultant will revise SEPA documents as appropriate for
distribution by the County. The consultant will develop revised periodic checklist materials reflecting the
final changes, and a summary of amendments made in response to comments received to support the
submittal of materials to the department per WAC 173-26-110.
1
•Nmmmmm
COST ESTIMATE
Lisa Grueter Kevin Gifford Amy Summe Total Hours acid
Proiect Manager Planner Biologist Estimated Cost
2020 Hourly Rate $225 $160 $190 by Task
Task 5 Supplemental Meeting and Adoption Support 48 4 44
Subtotal
48 4 44 96
$19,800
$0
Total Estimated Hours 48 4 44 96
Cost(1-fours*Rate) $10,800 $640 $8,360 S19,30C
Subtotal Consultant Cost $19,300
Project Expenses at —1°70 o Project Budget $198
Estimated Project Total ST 9.998
DRAFT June 29, 2021 Client I Project Name
1 2
Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners (BoCC)
Mark McCauley, Interim County Administrator
FROM: Jodi Adams,Interim Director, Dept. Community Development
David Wayne Johnson,Interim Planning Manager, DCD
DATE: July 6, 2021
RE: Supplement#1 to the Professional Services Contract for BERK
Consulting—Shoreline Master Program Periodic Review
STATEMENT OF ISSUE:
The purpose of this contract amendment is to allow BERK Consulting to continue their work
assisting DCD staff by providing analysis and support to the County's completion of its
periodic review to the Shoreline Master Program (SMP), after the expiration of the Ecology
Grant Agreement SEASMP-1921-JCDCD-00032 funding on June 30, 2021.
ANALYSIS:
The Professional Services Agreement(contract) has been instrumental in the County's ability
to help manage, draft and finalize a code review and revisions consistent with RCW 90.58 the
State Shoreline Management Act, and its implementing rules and requirements under WAC
173-26. The initial contract(not to exceed $40k) was completed with the understanding that
consultant services would be paid from the Ecology Grant Agreement SEASMP-1921-
JCDCD-00032. However, because of additional time needed to include potential revisions
based upon new information and public and agency input, the Grant Agreement, which cannot
be extended, will expire before the review and revisions are completed.
BERK has successfully accomplished to the satisfaction of the County all of tasks and
deliverables associated with Tasks 3 &4 of the existing professional services agreement.
Tasks 5, drafting revisions and finalizing the approval of the draft, will require the consultant
to help complete. Once the Agreement is signed, the County will pay the consultant for
services rendered from the General Fund via a Supplemental Budget Appropriation (attached).
We anticipate completing the process by the end of September 2021.
ATTACHEMENTS:
• BERK SMP Contract Amendment#1
Consent Agenda
• Exhibit B Shoreline Master Program Supplemental Services
• Exhibit C DCD 2nd Qtr. Appropriation Form
• Contract Review Form - BERK Supplemental
• BERK Jefferson SMP Contract 2020 0911
FISCAL IMPACT:
This Supplement#1 adds $19,998.00 to the original contract. The required funds will be
transferred from the General Fund through a one-time appropriation to the DCD budget for
Professional Services/Consultants (attached).
RECOMMENDATION:
Execute the contract amendment.
DEPARTMENT CONTACT:
David Wayne Johnson, Interim Planning Manager, Department of Community Development
REVIEWED BY:
•
Mark McCaule nterim County Admi ' t for Da
CONTRACT REVIEW FORM
CONTRACT WITH: BERK Consulting Inc.
CONTRACT FOR: Periodic Review of Shoreline Master Program TERM: July 2021 —October
Supplement Extension#1 2021
RECEIVED
COUNTY DEPARTMENT: Community Development
JUN 2 9 2021
For More Information Contact: David Wayne Johnson x465
Contact Phone #: JEFFERSON COUNTY
RETURN TO: Same
RETURN BY: ASAP COMMISSIONERS
(Person in Department) (Date)
AMOUNT: $19,998.00 PROCESS: - Exempt from Bid Process
Consultant Selection Process
Revenue: ^ Cooperative Purchase
Expenditure: _- Competitive Sealed Bid
Matching Funds Required: ._.. Small Works Roster
Sources(s) of Matching Funds _ Vendor List Bid
X RFP or RFQ
Other
Step 1 : REVIEW BY RISK MANAGEMENT
Review by:
Date Reviewed:
ElectrFicaltramettladAwRisk Management on /2 /„ ed for revision(See Comments)
Comments
Step 2: REVIEW BY PROSECUTING ATTORNEY
Review by:
Date Reviewed:
❑ APPROVED AS TO FORM ❑ Returned for revision(See Comments)
Seoc M cally approvcd as to form by PAO on 6/29/2021.
Tost estimate should be marked as Exhbit C.
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 9 copies of Contract,Review Form,and Agenda Bill to BOCC Office.
Place"Sign Here"markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda.
Julie Shannon
From: Philip Hunsucker
Sent: Monday, June 28, 2021 9:23 AM
To: David W. Johnson
Cc: Jodi Adams
Subject: RE: CONFIDENTIAL - ATTORNEY/CLIENT COMMUNICATION - SMP Contract
David Wayne:
These proposed documents are fine. Nice job. Please make sure the AR gets submitted with the amendment,along
with the original contract and any earlier amendments.
Philip
9I, - §9M rrr7!�
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
'„r '' Jefferson County Prosecuting Attorney's Office
P.O. Box 1220, Port Townsend,WA 98368
Ph: 360-385-9219 (direct) Fax: 360-385-0073
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act,a state law
found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy(or for
inspection)of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws.
From: David W.Johnson
Sent: Monday,June 28, 2021 8:20 AM
To: Philip Hunsucker<PHunsucker@co.jefferson.wa.us>
Cc: David W.Johnson <djohnson@co.jefferson.wa.us>;Jodi Adams<jadams@co.jefferson.wa.us>
Subject: CONFIDENTIAL-ATTORNEY/CLIENT COMMUNICATION -SMP Contract
Philip,
Here's the draft of the contract extension with BERK consulting for the SMP. The supplemental budget request needs to
be revised to reflect the actual cost. Working on the Agenda Request today.
Thanks!
David Wayne Johnson LEE[)AP- Neighborhood Development
Interim Planning Manager—Long Range Lead Planner- Port Ludlow Lead Planner
Department of Community Development (DCD)
Jefferson County
360.379.4465
LEER
AP
ND
1
EFFECTIVE TUESDAY 6/1/2021 DCD WILL BE OPEN TO THE PUBLIC. M—Th 9:00-12:00 & 1:00-
4:30
DCD will maintain limited customer interaction and recommends scheduling an appointment to meet with
staff. DCD will no longer be accepting building applications by drop off or mail, you must schedule an
appointment with front staff to submit. A mask and social distancing is required.
Please visit our website httos://www.co.jefferson.wa.us/dcd to see how we can best serve you during this time.
• Email: dcd@co.jefferson.wa.us
• Phone: 360-379-4450
• Mail: 621 Sheridan St.; Port Townsend, WA 98368
DCD offers an online scheduling calendar to request appointments, submit questions, and pay consultation fees on our
website front page. Appointment times for this new service are available Tuesday-Thursday from 1:30pm-3:45pm.
Customers must request appointments at least 48 hours in advance. All meetings require a minimum $50 for 30 minutes
or$100 for 1 hour.
Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound
communities and a healthy environment.
kirs. SAVE PAPER - Please do not print this e-mail unless absolutely necessary
All e-mail may be considered subject to the Public Records Act and as such may be disclosed to a third-party requestor.
Jefferwri County Department of Community Development
gook
S II A It E
oeut/ Budding Starts Katt.
trt uaatua p,fat taaa.aaa wavapo 1144 1-Pit 444 .44,00640010motre4*4
2
PROFESSIONAL SERVICES AGREEMENT FOR
Shoreline Master Program Periodic Review
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
(the County),and BERK Consulting,Inc.(the Consultant), in consideration of the mutual benefits,
terms,and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the County to assist with completion
of the Jefferson County Shoreline Master Program (SMP) Update, in association with
Department of Ecology Agreement No. SEASMP-1 92 1-JCDCD-0003 2.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit
"A"(proposal) attached hereto, including the provision of all labor.
3. Time for Performance. Work under this contract shall commence beginning August 10,
2020, to be completed by June 30,2021.
4. Payment. The Consultant shall be paid by the County for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by The Consultant shall be made as provided on
Exhibit"A",provided that the total amount of payment to the Consultant shall not
exceed $40,000 without express written modification of the agreement signed by
the County.
b. The Consultant may submit invoices to the County once per month during the
progress of the work for partial payment for project completed to date, up to 80%
of total project costs. Such vouchers will be checked by the County, and upon
approval thereof, payment will be made to the Consultant in the amount approved.
c. Final payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainment and verification by the County after
the completion of the work under this agreement and its acceptance by the County.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the County and state for a period of
three(3) years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
agreement shall be the property of the County whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with the Consultant's endeavors.
CONSULTANT AGREEMENT
Rev 8/2020
Page 1 of 10
6. Compliance with laws. The Consultant shall, in performing the services contemplated by
this agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations,applicable to the services to be rendered under this agreement.
7. Indemnification. The Consultant shall indemnify and hold harmless the County,its past or
present employees, officers, agents, elected or appointed officials or volunteers (and their
marital communities),from and against all claims,losses or liability,or any portion thereof,
including reasonable attorney's fees and costs, arising from injury or death to persons,
including injuries,sickness,disease or death to the Consultant's own employees,or damage
to property occasioned by a negligent act, omission or failure of the Consultant. The
Consultant shall be liable only to the extent of the Consultant's proportional negligence.
The Consultant specifically assumes potential liability for actions brought against the
County by The Consultant's employees, including all other persons engaged in the
performance of any work or service required of the Consultant under this Agreement and,
solely for the purpose of this indemnification and defense, the Consultant specifically
waives any immunity under the state industrial insurance law, Title 51 R.C.W. The
Consultant recognizes that this waiver was specifically entered into pursuant to provisions
of R.C.W. 4.24.115 and was subject of mutual negotiation.
8. Insurance.
The Consultant shall obtain and keep in force during the terms of the Agreement,policies
of insurance as follows:
If and only if the Consultant employs any person(s)in the status of employee or employees
separate from or in addition to any equity owners, sole proprietor, partners, owners or
shareholders of the Consultant, Worker's Compensation Insurance in an amount or
amounts that are not less than the required statutory minimum(s)as established by the State
of Washington or the state or province where the Consultant is located.
Commercial Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non-owned vehicles assigned to or used in the
performance of the work for a combined single limit of not less than $500,000 each
occurrence with the COUNTY named as an additional insured in connection with the
CONSULTANT'S performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limi
t of one
million dollars($1,000,000)per occurrence and an aggregate of not less than two(2)times
the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and
property damage, unless a greater amount is specified in the contract specifications. The
insurance coverage shall contain no limitations on the scope of the protection provided and
include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
CONSULTANT AGREEMENT
Rev 8/2020 Page 2 of 10
c. Broad Form Contractual/Commercial Liability—including completed operations;
d. Premises—Operations Liability(M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
The County shall be named as an additional insured party under this policy.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
Certificates of coverage as required by this section shall be delivered to the County within
fifteen(15) days of execution of this agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County
prior to the approval of the contract by the County. At the option of the County,the insurer
shall reduce or eliminate deductibles or self-insured retention or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Consultant shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all of the requirements stated herein.
Failure of the Consultant to take out and/or maintain any required insurance shall not
relieve The Consultant from any liability under the Agreement, nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against
the County(including its employees and other agents and agencies), it being the intention
of the parties that the insurance policies so affected shall protect both parties and be primary
coverage for any and all losses covered by the above described insurance. It is further
agreed by the parties that insurance companies issuing the policy or policies shall have no
recourse against the County (including its employees and other agents and agencies) for
payment of any premiums or for assessments under any form of policy. It is further agreed
by the parties that any and all deductibles in the above described insurance policies shall
be assumed by and be at the sole risk of the Consultant.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided herein, or any portion thereof, may be withheld from payment
due, or to become due, to the Consultant until such time as the Consultant shall furnish
CONSULTANT AGREEMENT
Rev.8/2020
Page 3 of 10
additional security covering such judgment as may be determined by the County.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a "Risk Pool"
created pursuant to Ch.48.62 RCW shall be non-contributory with respect to any policy of
insurance the Consultant must provide in order to comply with this Agreement.
If the proof of insurance or certificate indicating the County is an"additional insured"to a
policy obtained by the Consultant refers to an endorsement(by number or name)but does
not provide the full text of that endorsement,then it shall be the obligation of the Consultant
to obtain the full text of that endorsement and forward that full text to the County.
The County may, upon the Consultant's failure to comply with all provisions of this
contract relating to insurance,withhold payment or compensation that would otherwise be
due to the Consultant.
9. Worker's Compensation(Industrial Insurance).
a. If and only if the Consultant employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor,
partners, owners or shareholders of the Consultant, the Consultant shall maintain
workers' compensation insurance at its own expense,as required by Title 51 RCW,
for the term of this Agreement and shall provide evidence of coverage to Jefferson
County Public Health,upon request.
b. Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's Liability
with limits meeting all applicable state and federal laws.
c. This coverage shall extend to any subcontractor that does not have their own
worker's compensation and employer's liability insurance.
d. The Consultant expressly waives by mutual negotiation all immunity and
limitations on liability, with respect to the County, under any industrial insurance
act, disability benefit act, or other employee benefit act of any jurisdiction which
would otherwise be applicable in the case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection, all cost
and fees shall be recoverable from the Consultant.
10. Independent Contractor. The Consultant and the County agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded County employees by virtue of the
services provided under this agreement. The County shall not be responsible for
CONSULTANT AGREEMENT
Rev K/2020 Page 4 of 10
withholding or otherwise deducting federal income tax or social security or for contributing
to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to the Consultant, or any employee of the Consultant.
Ill. Subcontracting Requirements.
a. The Consultant is responsible for meeting all terms and conditions of this
Agreement including standards of service, quality of materials and workmanship,
costs,and schedules. Failure of a subcontractor to perform is no defense to a breach
of this Agreement. The Consultant assumes responsibility for and all liability for
the actions and quality of services performed by any subcontractor.
b. Every subcontractor must agree in writing to follow every term of this Agreement.
The Consultant must provide every subcontractor's written agreement to follow
every term of this Agreement before the subcontractor can perform any services
under this Agreement. The Public Health Director or their designee must approve
any proposed subcontractors in writing.
c. Any dispute arising between the Consultant and any subcontractors or between
subcontractors must be resolved without involvement of any kind on the part of the
County and without detrimental impact on the Consultant's performance required
by this Agreement.
12. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person,other than a bonafide employee working solely for the Consultant,any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warranty, the County shall have the right to annul this contract without liability or, in its
discretion to deduct from the contract price or consideration,or otherwise recover,the full
amount of such fee, commission,percentage,brokerage fee, gift, or contingent fee.
13. Discrimination Prohibited. The Consultant,with regard to the work performed by it under
this agreement,will not discriminate on the grounds of race,color,national origin,religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
14. No Assignment. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the County.
15. Non-Waiver. Waiver by the County of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other
provision.
16. Termination.
a. The County reserves the right to terminate this agreement at any time by giving ten
CONSULTANT AGREEMENT
Rev 8/2020 Page 5 of 10
(10)days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any
of its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this agreement, if
requested to do so by the County. This section shall not be a bar to renegotiations
of this agreement between surviving members of the Consultant and the County, if
the County so chooses.
17. Notices.
Notices to the County of Jefferson shall be sent to the following address:
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
Notices to Consultant shall be sent to the following address:
BERK Consulting, Inc.
2200 Sixth Avenue, Suite 1000
Seattle, WA 98121
18. Integrated Agreement. This Agreement together with attachments or addenda, represents
the entire and integrated agreement between the County and the Consultant and supersedes all
prior negotiations,representations,or agreements written or oral. This agreement may be amended
only by written instrument signed by both County and the Consultant.
19. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and the Consultant.
20. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes before
they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the
terms of this Agreement shall be submitted in writing within 10 days to the County Risk
Manager,whose decision in the matter shall be final,but shall be subject to judicial review.
If either party deem it necessary to institute legal action or proceeding to enforce any right
or obligation under this Agreement,each party in such action shall bear the cost of its own
attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of
the State of Washington for Jefferson County. The parties agree that all questions shall be
resolved by application of Washington law and that the parties have the right of appeal
from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The Consultant hereby consents to the personal jurisdiction of the Superior
Court of the State of Washington for Jefferson County.
CONSULTANT AGREEMENT
Rev 8/2020
Page 6 of 10
21. Section Headings. The headings of the sections of this Agreement are for convenience of
reference only and are not intended to restrict, affect, or be of any weight in the
interpretation or construction of the provisions of the sections or this Agreement.
22. Limits of Any Waiver of Default. No consent by either party to, or waiver of,a breach by
either party, whether express or implied,shall constitute a consent to, waiver of,or excuse
of any other, different, or subsequent breach by either party.
23. No Oral Waiver. No term or provision of this Agreement will be considered waived by
either party, and no breach excused by either party, unless such waiver or consent is in
writing signed on behalf of the party against whom the waiver is asserted. Failure of a
party to declare any breach or default immediately upon the occurrence thereof, or delay
in taking any action in connection with,shall not waive such breach or default.
24. Severability. Provided it does not result in a material change in the terms of this
Agreement,if any provision of this Agreement or the application of this Agreement to any
person or circumstance shall be invalid, illegal, or unenforceable to any extent, the
remainder of this Agreement and the application this Agreement shall not be affected and
shall be enforceable to the fullest extent permitted by law.
25. Binding on Successors, heirs and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs, and assigns.
26. No Assignment. The Consultant shall not sell,assign,or transfer any of rights obtained by
this Agreement without the express written consent of the County.
27. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement
shall be construed to mean, that any provision in this Agreement is for the benefit of any
person or entity who is not a party.
28. Signature in Counterparts. The parties agree that separate copies of this Agreement may
be signed by each of the parties and this Agreement shall have the same force and effect as
if all the parties had signed the original.
29. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
30. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at
arms-length,with the assistance and advice of competent, independent legal counsel.
31. Public Records Act. Notwithstanding any provisions of this Agreement to the contrary,to
the extent any record, including any electronic, audio,paper or other media, is required to
be kept or indexed as a public record in accordance with the Washington Public Records
Act, Chapter 42.56 RCW (as may be amended), the Consultant agrees to maintain all
records constituting public records and to produce or assist the County in producing such
records, within the time frames and parameters set forth in state law. The Consultant
further agrees that upon receipt of any written public record request,the Consultant shall,
CONSULTANT AGREEMENT
Rev 8/2020
Page 7 of 10
within two business days, notify the County by providing a copy of the request per the
notice provisions of this Agreement.
(SIGNATURES FOLLOW ON NEXT PAGE)
CONSULTANT AGREEMENT
Rev.8/2020 Page 8 of 10
DATED this a0 day of /111:0S ,20 2-0 .
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
BERK Consulting, Inc.
Name of Consultant Greg Brotherton, Chair
Lisa Grueter
Consultant's Representative (Please print) Kate Dean, Member
. plwed '/e4, i-i cJ(
(Signature) David W. Sullivan,Member
Principal
I isle
09/11/2020
Date
Approved as to form only:
1 n Wog!-44 n)
p • Date
CONSULTANT AGREEMENT
Rev 8/2020
Page 9 of 10
Chief Civil Deputy Prosecuting Attorney
�vZU
Linda Paral z,Acting irector Date
Department of Community Development
CONSULTANT AGREEMENT
Rev.8/2020
Page l0 of l0
August 4,2020
EXHIBIT A
Project Understanding
Jefferson County completed a Shoreline Master Program (SMP) Update in 2013.With multiple years' experience
implementing the policies and regulations,Jefferson County is now embarking on the state required periodic
review.The SMP will address recent amendments to the SMA and Ecology rules,ensure consistency with the
comprehensive plan and development regulations,and address changed circumstances,new information,and
improved data.As a key local initiative,the SMP periodic review will address Jefferson County's Regulatory
Reform Program in Resolution 17-19 meant to evaluate development regulations like the SMP in order to reduce
unnecessary complexity, inconsistencies, and unpredictable permitting paths,while continuing to protect public
health and the environment.A task force will be established as a sounding board to help vet and advance the
periodic review.Task force members are likely to include state resource agencies,tribes,ports,environmental and
recreation interests,and citizens from different county regions.The SMP will also undergo legislative review with
the Planning Commission and Board of County Commissioners.
BERK Consulting,Inc.will serve as prime and support Jefferson County with the periodic review requirements and
public engagement. Shannon &Wilson will provide advice on elements of the periodic review related to biology
and aquatic elements. Collectively the team is called the Consultant in the scope below.
Project Approach
Consistent with the Request for Proposal and the Washington Department of Ecology Shoreline Master Programs
Periodic Review Scope of Work,proposed tasks include:
1. Kick off and Coordination
2. Public Participation
3. Review SMP and Draft Revisions
4. Final Draft SMP and Adoption Process
Each task is described below.
Assumption: Start date is August 10,2020.
Task 1 . Kick off and Coordination
As part of contract scoping the Consultant will confirm project goals,public participation objectives,task force
formation and schedule,progress in the SMP gap analysis,and potential topics for County-Consultant coordination.
A formal kick off of the project will include a public open house sponsored by the Planning Commission held
virtually by Teams or Zoom or a similar platform. See Task 2.
1
On an on-going basis,the Consultant will coordinate regularly with County staff and set up regular points of
contact such as a bi-weekly call. The Consultant will design regular monthly progress reports to support County
staff preparation of Ecology progress reports.
Task 2. Public Participation
Public engagement in the review of the SMP is a key component of a successful process.WAC 173-26-090
requires both public engagement and the issuance of a Public Participation Plan. County staff will prepare the
plan,and the Consultant will peer review it.
As part of the initial phase of the SMP Periodic review the Consultant will peer review the County's draft public
survey and offer advice on the survey questions.The Consultant will help plan and facilitate a public open house
sponsored by the Planning Commission,held virtually by Zoom,Teams,or a similar platform.The Consultant will
develop a story map or equivalent online map and information supporting the Open House.
The Consultant will also support County staff and a Task Force charged with developing a scoping document that
meets periodic review requirements and addresses lessons learned in permit reviews and address regulatory
reform as outlined in Resolution 17-19.The scope and level of effort anticipate 4-6 meetings of a Regulatory
Reform Task Force via a virtual platform such as Teams or Zoom or similar.
The Consultant will support the County's approach to conducting the joint County-Ecology review process as
authorized under WAC 173-26-104.This process offers joint review,notice,and comment procedures that can
facilitate the adoption process.
The Consultant will prepare a fact sheet or a flier to support the open house or another engagement effort at the
request of the County.
Task 3. Review Shoreline Master Program and Draft
Revisions
The Consultant will work with County staff to identify SMP topics that will be shared with and coordinated by
County Staff in response to the County's Periodic Review Checklist evaluation,and to advance the Task Force work
plan.The Consultant will peer review County prepared SMP elements. For topics assigned to the Consultant team,
we can prepare issues and options papers describing any SMP implementation obstacles, example policy and text
options to address the obstacles,and draft text amendments. The issues and options papers can describe case
studies to illustrate different alternative approaches and feasibility. The Consultant will advise County GIS staff on
potential common issues with changes in underlying data used to establish original shoreline jurisdiction,if
applicable,and review County GIS prepared maps as appropriate.
1111 August 4, 2020 Jefferson County ( SMP Periodic Review j 2
Task 4. Final Draft Shoreline Master Program and
Adoption Process
The Consultant will assist County staff in preparation of a Staff Report and Final Draft SMP and will assist staff in
conducting a public hearing to present the Draft SMP to the Planning Commission. The Consultant will also help
develop a recommendation for adoption by the Board of County Commissioners.
The Consultant will assist in the preparation of SEPA documents/staff reports associated with the updated SMP.
This includes completion of a SEPA checklist and draft determination for County review. The Consultant will peer
review the County's draft staff report addressing SMP amendment criteria and findings.
Cost Estimate
Based on the scope of work,the cost estimate presents an estimate of time by task.
REP K Co, ,sNing 5KW
Lisa Grueter Kevin Gifford Julia Texts Amy Summe Total Hours and
Project Manager Planner Analyst Biologist Estimated Cost
2020 Hourl Rate $225 $160 $120 190 b Task
Task 1.Kickoff and Coordination 4 4 2
Task 2.Publk Participation 20 26 26 16
Task 3.Review Shoreline Master Program and Draft Revisions 40 10 4 32
Task 4:Final Draft Shoreline Master Program and Adoption Process 16 4 2 8
Subtotal 80 40 36 58 214
$39,740
$0
Total Estimated Hours 80 40 36 58
214
Cost(Hours*Rate) $18,000 $6,400 $4,320 $11,020 $39,740
Subtotal Consultant Cost $39,740
Project Expenses at—1%of Project Budget $160
Estimated Project Total $39,900
111 August 4,2020 Jefferson County I SMP Periodic Review 1 3