HomeMy WebLinkAboutPeak Sustainability Amendment No 1 - 121123Amendment No. 1 to the Professional Services Agreement Between Jefferson
County and Peak Sustainability Group
This Amendment No. 1 to the Employment Agreement is made and entered into by and
between Jefferson County and Peak Sustainability Group (Consultant), herein after known as
the "Parties."
them;
WHEREAS, the Parties want to amend the Employment Agreement entered into between
NOW, THEREFORE, the Parties agree as follows:
1. Purpose. The purpose of this Amendment is to change the scope of work and to
increase the not to exceed amount of the Agreement.
2. Amendment.
a. Paragraph 1. Scope of Services. Is amended to read: Consultant agrees to
perform the services identified on Exhibit "A" attached hereto including the
provision of all labor.
b. Paragraph 4. Payment., subsection a. is amended to read: Payment for the
work provided by Consultant shall be made for work provided under the
original Agreement and for work provided on Exhibit "A" attached to this
amendment, provided that the total amount of payment to the Consultant shall
not exceed $26,153 without express written modification of the Agreement
signed by each of the Parties.
3. No Other Change. All other terms of the Professional Services Agreement between
the Parties remain unchanged, except as modified in this Amendment.
(SIGNATURES FOLLOW ON NEXT PAGE)
IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the
last date signed below.
JEFFERSON COUNTY
BOARD OF
COMMIS IONERS
B l2 I Z3
Gre rothertoYi, Chair Date
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ATTEST: S N'. WAgH�NO�a
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CarolyrV Gallaway, C C
Clerk of the Board
Approved,a to fo only:
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Philip C. Hunsucker
Chief Civil Deputy Prosecuting
Attorney
PEAK SUSTAINABILITY
GROUP
By:
Name: David Roberts
President
Date: December 6, 2023
Date
December 7, 2023
Date
EXHIBIT A
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2
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of Commissioners
FROM: Mark McCauley, County Administrator
DATE: December 11, 2023
RE: Amendment No. 1 - Professional Services Agreement: Peak
Sustainability Group: Facilitation Services
STATEMENT OF ISSUE:
The Chimacum Drainage District, otherwise known as Drainage District #1, was formed in 1925.
Since its formation interest in the district has ebbed and flowed. It has been inactive for many
years. Recently, however, there has been interest in reactivating the district.
ANALYSIS:
To assist the residents of the district with this process the county contracted with Peak
Sustainability Group to facilitate community conversations. The intent was to gauge interest in the
reactivation and if there is sufficient interest to chart the course forward.
Since then other stakeholders have become involved and larger questions are being asked. This has
required a revision to Peak Sustainability's scope of work and additional funding to accomplish the
increased scope.
Staff is asking that the Board approve an amendment adopting a new scope of work and increased
funding from the original contract not to exceed amount of $9,958 by $16,195 to $26,153.
FISCAL IMPACT:
The additional cost is $16,195 to be paid out of the General Fund — Non -departmental.
RECOMMENDATION:
That the Board approve the attached proposed Amendment No. 1.
REV WED BY:
�r X 3
Mark auley, County Admini a Date
SCANNED
�f CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Amendment No. 1 - Peak Sustainability
Contract For: Facilitation Services
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 360-385-9130
Contact email: mmccauley@co.jeHerson.wa.us
Clear Form
Contract NO: CDD 2023 Amendment
Term: Until project completion
AMOUNT: $16,195 added, $26,153 total PROCESS: Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: $16,195 added, $26,153 total Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s) of Matching Funds N/A Vendor List Bid
Fund # 001-270 RFP or RFQ
Munis Org/Obj 001-270 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES C PL NCE C 3.55 "AND CHAPTE 42.23 RCW.
CERTIFIED: El N/A: ��
ignature 1346
STEP 2:
COUNTY
AGENCY.
DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
(CONTRACTOR) HAS NOT ,4EEN DEBARRED, Tj.YJ ANY FEDERAL, STATE, OR LOCAL
CERTIFIED: F N/A:
STEP 3: RISK MANAGEMENT R:
Electronically approved by Risk Management on 12/7/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 12/7/2023.
Contract amendment. Outstanding contract amendment form!
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
`��� ���•los qtic
C
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (Agreement) is entered into by and between
Jefferson County (County) and Peak Sustainability Group (Consultant), upon the following terms and
conditions.
1. Project Designation. The Consultant is retained by the County to assist the County with a
discussion regarding facilitation services regarding Jefferson County Drainage District #1
(Chimacum).
2. Scope of Services. Consultant agrees to perform the services identified on Exhibit "A"
attached hereto including the provision of all labor.
3. Time for Performance. This Agreement shall commence June 1. 2023 and continue until
services in Exhibit A have been completed. Work performed consistent with this
Agreement during its term, put prior to the adoption of this Agreement, is hereby ratified.
The Consultant shall perform all services pursuant to this Agreement as outlined on
Exhibit "A". Time is of the essence in the performance of this Agreement.
4. Payment. The Consultant shall be paid by Jefferson County for completed work and for
services rendered under this Agreement as follows:
a. Payment for the work provided: by Consultant shall be made as provided on
Exhibit "A" attached hereto, provided that the total amount of payment to
Consultant shall not exceed $9,958, in accordance with the Cost Proposal section
of Exhibit A, without express written modification of the Agreement signed by
each Party.
b. Invoices must be submitted by the 15`h of the month for the previous month's
expenses. Such invoices will be checked by the County, and upon approval
thereof, payment will be made within 30 days to the Consultant in the amount
approved. Failure to submit timely invoices and reports pursuant to Exhibit B of
the Agreement may result in a denial of reimbursement. Invoices not submitted
within 60 days may be denied.
C. Final payment of any balance due the Consultant of the total contract price earned
will be made promptly once the County verifies completion of the work and
submittal of reports under this Agreement and acceptance by the County.
d. Consultant shall provide invoices and necessary backup documentation for all
services including timesheets and statements (specifying the services provided).
Any indirect charges require the submittal of an indirect cost methodology and
rate using 2 C.F.R. Part 255 and 2 C.F.R. Part 230.
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
six (6) years after final payments. Copies shall be made available upon request.
(v
n
5. Ownership and Use of Documents. All non -confidential or de -identified 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 Consultant's endeavors.
Consultant shall not be held liable for reuse of documents or modifications thereof,
including electronic data, by the County or its representatives for any purpose other than
the intent of this Agreement.
6. Compliance with laws. 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. Audit. Upon request, Consultant will submit their most recent financial information.
a. Upon request the County shall have the option of performing an onsite review of
all records, statements, and documentation.
b. If the County finds indications of potential non-compliance during the monitoring
process, the County shall notify Consultant within ten (10) days. The County and
Consultant shall meet to discuss areas of contention in an attempt to resolve
issues.
8. Indemnification. The Consultant shall defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers (and their marital communities)
harmless from any claims, injuries, damages, losses or suits, including attorney's fees,
arising out of or resulting from the acts, errors or omissions of the Consultant in
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the County. Should a court of competent jurisdiction determine this
Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant and the County, its officers, officials, employees,
agents and volunteers (and their marital communities) the Consultant's liability,
including the duty and cost to defend, shall be only for the Consultant's negligence. It is
further specifically understood that the indemnification provided constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
,This section shall survive the expiration or termination of this Agreement.
9. Insurance. Prior to commencing work, the Consultant shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage
in force during the terms of the Agreement.
a. Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non -owned vehicles assigned to or
2
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 this Agreement. This insurance
shall indicate on the certificate of insurance the following coverage: (a) Owned
automobiles; (b) Hired automobiles; and, (3) Non -owned automobiles.
b. Commercial General Liability Insurance in an amount not less than a single limit
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:
i. Broad Form Property Damage, with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability — including coverage for
products and completed operations;
iv. Premises — Operations Liability (M&C);
v. Independent Consultants and subcontractors;
vi. Blanket Contractual Liability.
The County shall be named as an "additional named insured" under all insurance
policies required by this Agreement, except Professional Liability Insurance when
not allowed by the insurer.
d. Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of
Credit from a qualified financial institution.
The Consultant shall furnish the County with properly executed certificates of
insurance that, at a minimum, shall include: (a) The limits of overage; (b) The
project name to which it applies; (c) The certificate holder as Jefferson County,
Washington and their elected officials, officers, and employees; and, (d) A
statement that the insurance policy shall not be canceled or allowed to expire
except on thirty (30) days prior written notice to the County. If the proof of
insurance or certificate indicating the County are "additional insureds" 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. Certificates of coverage as required by this section shall be
delivered to the County within fifteen (15) days of execution of this Agreement.
f. Failure of the Consultant to take out 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 of the County.
g. The Consultant's 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, with the exception of
Professional Liability Insurance, so affected shall protect both parties and be
primary coverage for all losses covered by the above described insurance.
h. 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.
i. All deductibles in the above described insurance policies shall be assumed by and
be at the sole risk of the Consultant.
j. Any deductibles or self -insured retention shall be declared to and approved by the
County prior to the approval of this Agreement 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.
k. Insurance companies issuing the Consultant's insurance 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
insurance policy.
I. Any judgments for which the County may be liable, in excess ofinsured amounts
required by this Agreement, or any portion thereof, may be withheld from
payment due, or to become due, to the Consultant until the Consultant shall
furnish additional security covering such judgment as may be determined by the
County.
m. 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.
n. The County may, upon the Consultant's failure to comply with all provisions of
this Agreement relating to insurance, withhold payment or compensation that
would otherwise be due to the Consultant.
o. The Consultant's liability insurance provisions shall be primary and
noncontributory with respect to any insurance or self-insurance programs
covering the County, its elected and appointed officers, officials, employees, and
agents.
0
p. Any failure to comply with reporting provisions of the insurance policies shall not
affect coverage provided to the County, its officers, officials, employees, or
agents.
q. The Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
r. 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
the requirements stated herein.
s. The insurance limits mandated for any insurance coverage required by this
Agreement are not intended to be an indication of exposure nor are they
limitations on indemnification.
t. The Consultant shall maintain all required insurance policies in force from the
time services commence until services are completed. Certificates, insurance
policies, and endorsements expiring before completion of services shall be
promptly replaced. All the insurance policies required by this Agreement shall
provide that thirty (30) days prior to cancellation, suspension, reduction or
material change in the policy, notice of same shall be given to the County.
u. The Consultant shall place insurance with insurers licensed to do business in the
State of Washington and having A.M. Best Company ratings of no less than A-,
with the exception that excess and umbrella coverage used to meet the
requirements for limits of liability or gaps in coverage need not be placed with
insurers or re -insurers licensed in the State of Washington.
v. The County reserve the right to request additional insurance on an individual basis
for extra hazardous contracts and specific service agreements.
10. 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
the County, 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.
5
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.
11. Independent Consultant. The Consultant and the County agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
The Consultant specifically has the right to direct and control Consultant's own activities,
and the activities of its subcontractors, employees, agents, and representatives, in
providing the agreed services in accordance with the specifications set out in this
Agreement. Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the parties. Neither Consultant nor any employee of
Consultant shall be entitled to any benefits accorded County employees by virtue of the
services provided under this Agreement, including, but not limited to: retirement,
vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits;
fringe benefits; or any other rights or privileges afforded to County employees. The
County shall not be responsible for 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 Consultant; or any
employee of Consultant.
12. 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 County 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.
13. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the
Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
3
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the County shall have the right to annul this
Agreement 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.
14. 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, gender, sexual orientation, material status, sex, or the presence of any
physical or sensory handicap in the selection and retention of employees or procurement
of materials or supplies.
15. 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. Assignment does not
include printing or other customary reimbursable expenses that may be provided in an
agreement.
16. 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.
17. Termination.
a. The County reserves the right to terminate this Agreement at any time without
cause by giving ten (10) days written notice to the Consultant. Consultant may
terminate this Agreement at any time without cause by giving (10) days written
notice to the County.
b. The County shall give the Consultant written notice and a reasonable opportunity
to cure before this Agreement is terminated for cause.
c. 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.
d. The County reserves the right to terminate this contract in whole or in part, with
10 days' notice, in the event that expected or actual funding from any funding
source is withdrawn, reduced, or limited in any way after the effective date of this
agreement. In the event of termination under this clause, the County shall be
liable for only payment for services rendered prior to the effective date of
termination.
18. Notices. All notices or other communications which any party desires or is required to
give shall be given in writing and shall be deemed to have been given if hand -delivered,
sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the
party at the address listed below or such other address as a party may designate in writing
from time to time. Notices to the Parties shall be sent to the following addresses:
7
Jefferson County Risk Manager
P.O. Box 1220
Port Townsend, WA 98368
Notices to Consultant shall be sent to the following address:
David Roberts
Principal, Peak Sustainability Group
P.O. Box 2006
Bellingham, Washington, 98227-2006
19. 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. No
representation or promise not expressly contained in this Agreement has been made. This
Agreement supersedes all prior or simultaneous representations, discussions,
negotiations, and agreements, whether written or oral, by the County within the scope of
this Agreement. The Consultant ratifies and adopts all statements, representations,
warranties, covenants, and agreements contained in its proposal, and the supporting
material submitted by the Consultant, accepts this Agreement and agrees to all of the
terms and conditions of this Agreement.
20. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Consultant.
21. 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 representative listed in Section 18., whose joint decision in the matter shall be
final, but shall be subject to judicial review. If either party deems 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
respective Superior Courts 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.
22. 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.
23. 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.
8
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
31. 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.
32. 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,
Consultant shall, within two business days, notify the County by providing a copy of the
request per the notice provisions of this Agreement.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
E
DATED this day of
I
PEAK SLISTAINABIUTY GROUP
,JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County. Washington
By- gJ.
PBrgBrotherton. Chair Date
By: Excused Absence
Katfean. Commissioner Date
Bv:
Heidi "senhour. Commissioner Date
SEAL:..........
S
..0 WIS
'k
0
ATTEST:
-12 3
Carolyn 6-41?a—way
Date -
Clerk of the Board
Approved as to form only
May 3, 2023
Philip C.11unsucker Date
Chief Civil Deputy Prosecuting Attorney
10
David Roberts. Principal
4/28!2023
Date
EXHIBIT A - PEAK SUSTAINABILITY PROPOSAL
Drainage District #1
JEFFERS0N
COUNTY
April 5, 2023
PREPARED FOR
Mark McCauley
County Administrator
Jefferson County
P.O. Box 1220
Port Townsend, WA 98368
360,385.9100
mmccauiey@co.jefferson.wa.us
Peak Sustainability Group
PO Box 2006, Bellingham, WA 98227
Peak Sustainability Group LLC
Breakthrough solutions for a resilient and sustainable future
Dear Mark McCauley, Date: April 5, 2023
Peak Sustainability Group (Peak) is pleased to respond to Jefferson County's request for quotes for
facilitated conversations with landowners and stakeholders in the Jefferson County Drainage District #1
(DD1) area and recommendation report development.
A Bellingham -based consulting company, Peak has supported communities throughout Puget Sound
with facilitation and stakeholder and community engagement around complex, multi -interest topics and
processes for over twelve years. We have facilitated conversations on dike and drainage management,
watershed planning, park planning, sustainability in schools, climate action, broadband, and more. We
hope to bring this experience, as well as our experience working with drainage districts and our prior
knowledge of the Chimacum area, to the unique context of DD1. Specifically, we look forward to
working with the County to raise local landowner awareness of the history of DD1, to discuss the
benefits of potential reactivation of DD1, to assess the community's openness to the idea and tax
implications of reactivation, and to determine what kinds of uses landowners would like to see in DD1.
Finally, we will use this input to recommend whether the County should proceed with reactivation.
The proposed project manager and lead facilitator is David Roberts. David is well known throughout the
region for his facilitation services. Natalie Sacker will provide project support such as meeting
coordination, summary notes, and report review and editing. The project team commits that they are
available to complete the project within the one-year term.
Our team thanks you for reviewing our proposal. We look forward to the opportunity to work with
Jefferson County to identify a path forward regarding drainage challenges in DD1 and to provide
recommendations that incorporate the input of the stakeholders and landowners engaged.
Sincerely,
1
David Roberts
Principal, Peak Sustainability Group
L�<i idL p! .aksustainability.com
360.595.5075
PO Box 2006,
Bellingham, Washington 98227-2006
Peak Sustainability Group — Jefferson County Drainage District #1
This project includes facilitating conversations with landowners
and stakeholders in the Jefferson County Drainage District #1
(DD1) area and developing a report with recommendations for
drainage district reactivation based on the input received.
Through these conversations, the County is seeking to raise local
landowner awareness of the history of DD1, to discuss the
benefits of potential reactivation of DD1, to assess the
community's openness to the idea and tax implications of
reactivation, and to determine what kinds of uses landowners
would like to see in DD1. Ultimately, the County will need to
decide whether to proceed with reactivation.
The following section outlines our approach to the tasks described in the RFQ.
Task 1. Coordination
The success of this project will rely on our team having a solid understanding of the history of DD1 as
well as excellent coordination and communication with the County and other key partners.
Task 1A. Materials Review: Peak will review the Chimacum Drainage District Report (June 2022) and
other materials, as recommended by the County. This will allow our team to have an adequate
understanding of the history of DD1 and drainage challenges in the area in advance of the stakeholder
and landowner discussions.
Task 1B. Kickoff Meeting: Peak will host a remote project kickoff meeting with the County and any other
key partners identified by the County (e.g., Jefferson County Conservation District) to coordinate the
engagement process and align project goals. The objectives of this meeting will be to discuss the scope
of the project, identify key stakeholders, coordinate the schedule, establish roles and expectations for
upcoming meetings, and outline the desired content of the final report.
Task 1C. Report Review Meeting: After the preparation of the draft report, Peak will facilitate a remote
meeting with County staff (and other key partners, as desired by the County) to discuss the findings and
recommendations in the draft report. The objectives of this meeting will be to identify any changes that
need to be made to the report and discuss next steps.
2
Peak Sustainability Group —Jefferson County Drainage District #1
Our proposed project involves the facilitation of three meetings — one with a focused group of key
stakeholders and two with landowners. These meetings will serve as a platform to engage with the
community and solicit input that will be used to inform our recommendation regarding the reactivation
of DD1. Peak will provide agendas prior to and meeting summaries following each meeting. The
following is a breakdown of the meetings we propose to conduct and their objectives.
Task 2A. Stakeholder Meeting: Peak will host and facilitate a remote stakeholder discussion to share
information about DD1 and the project and to identify the barriers, opportunities, and risks associated
with the project. This meeting will provide an opportunity for stakeholders to ask questions, voice their
concerns, provide feedback, and identify potential roadblocks. We expect that the agenda items will
include a brief presentation from the County, a question -and -answer period, and a facilitated
conversation to gather input on predetermined topics, identified in coordination with the County.
Task 2B. Landowner Meeting #1: Peak will host and facilitate an in -person landowner meeting in
Jefferson County. At this meeting, the County and key stakeholders will provide a presentation regarding
the implications of a drainage district. Landowners will be given the opportunity to ask questions,
explore opportunities, and provide their input. We expect that the agenda will include a facilitated
conversation and/or activity (e.g., open house styled listening posts) to gather input effectively.
Potential topics on which to seek input from landowners include size and current use of participant
properties; desired uses; impacts or limitations due to flooding, if any; system improvements sought;
level of support for the district re-establishment; and willingness to pay for taxes to support the district.
Task 2C. Landowner Meeting #2: Peak will host and facilitate a public meeting held in -person in
Jefferson County to share the findings of the report with landowners and stakeholders. The objectives of
this meeting will be to present the findings and recommendations, solicit feedback on those findings,
and answer any questions.
Task 2D. Communication Materials: As budget allows, Peak will support the County in reviewing and
compiling communication materials for the engagement efforts in Task 2.
Alternative #1 Landowner Survey: While not reflected in the proposed budget on page 8, Peak is
available to develop a survey to solicit input from a wider pool of landowners in DD1.
Task 3A. Draft Report: Using input from the conversations and background information from our review
of materials, Peak will prepare a draft report including recommendations as to whether the County
should proceed with reactivation and what kinds of uses landowners would like to see in DD1. The
report will include key information such as determination of participants' willingness to pay taxes for the
reactivation and operation of DD1 and how they would use their land if the district were re-established.
Task 36. Final Report: Peak will incorporate feedback on the draft report from the County and key
partners into a final report.
3
Peak Sustainability Group —Jefferson County Drainage District #1
Peak Sustainability Group, LLC (Peak) is a Northwest Washington -
based company in business since 2011. Our mission is to catalyze
breakthrough solutions for a sustainable and resilient future. We /?x-\PEAK
have expertise in multi -disciplinary subjects including watershed and ! SUSTAINABILITY
land use planning, climate action, and community engagement and
have worked with local governments, tribes, businesses, and non -profits throughout the Puget Sound
region. We are a certified small business and licensed to work in the State of Washington.
David Roberts - Project Manager & Facilitator
President and Founder, Peak Sustainability Group
David is a skilled facilitator with
over 30 years of experience
designing and leading multiple -
benefit collaborative processes
which advance complex natural
resource, watershed, and
sustainability initiatives. He
founded Peak Sustainability
Group in 2011.
Project Role: David is the proposed Project Manager and
lead facilitator for this project. He will set clear
expectations, consistently track and forecast progress on
tasks and deliverables, ensure regular reporting and
documentation, and provide strong leadership and clear
communications with the County.
Education
Master of Science, Environmental Science and Engineering,
University of Washington
Bachelor of Science, Geology, Washington State University
Professional Experience
Peak Sustainability Group LLC, Principal, and Founder
(2011-present): Leads the company and serves as facilitator and project manager on client projects.
WA Department of Natural Resources, Assistant Division Manager (2002-2011): Managed leasing,
shellfish production, conservation planning, restoration, and environmental clean-up on 1.6 million
acres of State-owned aquatic lands in Northwest Washington.
Washington Department of Ecology, Project Manager and Unit Supervisor (1984-2002): Managed
projects dedicated to statewide policies and legislation, rulemaking, permit development, grants.
Developed programs addressing land use, air quality, and water pollution issues statewide including.
Peak Sustainability Group — Jefferson County Drainage District #1
4
Natalie Sacker - Project Support
Environmental Consultant, Peak Sustainability Group
Natalie is an environmental
consultant at Peak where she
primarily supports local
governments and organizations
with climate and Sustainability
planning, research, and community
engagement.
Project Role: Natalie will offer
meeting support, meeting summaries, and report
compilation and review. She will also assist with
communications.
Education
Bachelor of Arts, Business and Sustainability with a
certificate in Climate Leadership, Western Washington
University
Professional Experience
Peak Sustainability Group LLC, Environmental Consultant
(2021-Present): Provides research, data collection, and
community engagement and outreach services on a range
of watershed, Sustainability, and climate -focused projects.
WWU Sustainability Engagement Institute, Sustainability Mentor (2022-Present): Provides mentorship
to undergraduate participants of the Climate Leadership Certificate Program, coordinates outreach and
marketing, and supports program development for the upcoming third cohort of the program.
City of Bellingham Public Works, Climate Action Research Assistant (2021-2022): Constructed U.S.
Community Protocol -compliant inventories for Bellingham for years 2016-2021, provided
recommendations for inventory methodology changes, and completed 2021 Carbon Disclosure Project
reporting requirements.
_ S
✓v \ 1
�; Peak Sustainability Group —Jefferson County Drainage District #1
Our team has extensive experience facilitating conversations with stakeholders and landowners, and
possesses the knowledge and expertise needed to effectively tackle the challenges presented by the
DD1 drainage issues. We are familiar with ongoing challenges regarding drainage in DD1. The following
projects highlight Peak's experience with meeting facilitation, stakeholder and community engagement,
and diking and drainage districts.
�r Peak is currently facilitating and supporting the SLS
` process in Snohomish County - a collaborative of
! 40+ organizations seeking multiple benefit
SNOHOMISH COUNTY outcomes by working together on issues related to
Sustainable Lands restoration of salmon, protection of farmland, and
Strategy (SLS) reduction in flood risks. We provide meeting
2019 - 2022 facilitation, community outreach, land use policy recommendations,
communications strategies development, educational programs, monitoring
program development, organizational development, and legal agreement
development
WASHINGTON
CONSERVATION
COMMISSION �s
Targeted Riparian Suffer
Incentives Pilot Project
2022 - 2023
Peak designed and facilitated a process to determine
the effectiveness of current riparian buffer incentive
programs in Washington with a focus on the Skagit
River watershed and other watersheds in Western
Washington. We developed a report outlining
recommended changes to programs.
WHATCOM COUNTY — —, f Peak facilitated more than 50 meetings for a multi -
stakeholder process to develop a levee system
System -wide
management plan and streamlined permitting
Improvement Framework . „7. process for the lower Nooksack River. The effort
(SWIF) resulted in improved dike maintenance, reduced
2013 - 2016 " ` flood risk, and improved fish habitat.
SKAGIT COUNTY
Farm, Fish, and Flood
Initiative (3FI)
2011 2018
Peak facilitated negotiations to develop agreements
to protect farmland and promote salmon recovery. A
key outcome was the creation of the Hydrodynamic
Model and Alternatives Analysis tool developed to
help target investments in fish habitat and flood
control structures.
Peak Sustainability Group — Jefferson County Drainage District #1
1'
N r "8ag�
Project Name Sustainable Lands Strategy (SLS)
Contact Name Jessica Hamill, Project Specialist IV
Address Snohomish County Surface Water Management
3000 Rockefeller Ave, M/S 607, Everett, WA, 98201
Phone 425.388.6476
Fax Number/ Email Jessica.Hamill@sno�
Type of Service Provided Currently facilitating the SLS Steering Committee, coordinating with
integration teams in in the Stillaguamish and Snohomish drainages, leading
discussions related to the County Comp Plan update, and facilitating the
SLS Communications Group leading outreach and community engagement
strategies.
..�
Project Name Lower Nooksack System -wide Infrastructure Framework (SWIF)
Contact Name
Paula Cooper, Flood Manager
Address
Whatcom County Public Works
322 North Commercial, Suite #120
Bellingham, WA 98225 _
Phone
360-676-6876
Fax Number/ Email
pcoo !_r@co.whatcom wa.us
ype of Service Provided
Facilitated SWIF process designed to develop a levee system management
plan and streamlined permitting process for the lower Nooksack River.
Project Name
—
Targeted Riparian Buffer Incentives Pilot Project
Richard Brocksmith, Director
Contact Name
Address
Skagit Watershed Council
815 Cleveland Avenue, Ste. 201
Mt. Vernon, WA 98273 _
_
Phone
360-419-9326
Fax Number/ Email
rbrocksmitb Zc 5kagitwatc r!5h,jcl org
ype of Service Provided I Designed and facilitated a process to determine the effectiveness of curren
J riparian buffer incentive programs in Washington.
7
Peak Sustainability Group — Jefferson County Drainage District #1
Task
David
Natalie
Hours by Task
Hours
Facilitation
Public Engagement
1A. Materials Review
2
2
4
1B. Kickoff Meeting (Remote)- 60 mins
2
2.5
4.5
1C. Report Review Meeting (Remote) - 60 mins
2
2
4J
2A. Stakeholder Meeting (Remote) - 90 mins
3
3
6
2B. Landowner Meeting #1 (In -person) -90 mins
3
3
6
2C. Landowner Meeting #2 (In -person) - 90 mins
3
3
6
2D. Communication Materials
0
2
2
3A. Draft Report
6
3
9
3B. Final Report
2
2
4
Travel to Jeff Co.
10
10
20
Total Hours
33
32.5
65.5
Cost Rate
$190
$95
Cost of Service
$6,270
$3,088
Travel
^$400
Supplies
$200
Total
$9,958
ASSUMPTIONS
Jefferson County staff will:
• Identify the meeting location and time for the in -person meetings in coordination with Peak staff.
• Provide any refreshments and printed materials for in -person meetings.
• Will notify landowners of the process underway and any public meetings scheduled through means
appropriate to the County.
• Provide a presentation of the history of DD1 and any other helpful context (tax study, project
expectations, ongoing maintenance, and administrative costs etc.)
• Actively participate in meetings when questions regarding the history or plans are in question.
Peak staff will:
• Assist with meeting planning and agenda development.
• Facilitate the meetings and provide notes and/or summaries of input shortly after each meeting.
• Prepare a single draft report and a final report containing input from the process including
summaries of input on selected questions identified with County staff.
8
Peak Sustainability Group — Jefferson County Drainage District #1
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of Commissioners
FROM: Mark McCauley, County Administrator
DATE: May 8, 2023
RE: Professional Services Agreement: Peak Sustainability Group:
Facilitation Services
STATEMENT OF ISSUE: The Chimacum Drainage District, otherwise known as Drainage
District #1, was formed in 1925. Since its formation interest in the district has ebbed and
flowed. It has been inactive for many years, however recently there has been interest in
reactivating the district.
ANALYSIS: Reactivating the district will require considerable effort. Discussions with
members of the district community will need to occur, a budget and the associated assessment
will need to be developed and put to a vote of the district's residents, and a governing body
will need to be appointed.
To assist the residents of the district with this process the county proposes to contract with
Peak Sustainability Group to facilitate community conversations. The intent is to gauge
interest in the reactivation and if there is sufficient interest to chart the course forward.
FISCAL IMPACT: The cost is $9,958 to be paid out of the General Fund — Non -
departmental.
RECOMMENDATION: That the Board approve the attached proposed contract.
REVIEWED BY:
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Peak Sustainabdity Group
Contract For: Facilitation Services
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 360-385-9130
Contact email: mmccauleyAco jefferson wa.us
AMOUNT: Not to exceed $9.958
Revenue: N/A
Expenditure:
Matching Funds Required:
Sources(s) ol"Matching Funds
Fund #
Munis Org/Obj
I Clear For
-71
Contract No: CDD2023
Tenn.- Until completion
Exempt from Bid Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
✓ RFPo r RFQ
Other:
APPROVAL, STEPS:
STEP 1: DEPARTMENT CERTi F AND CHAPTEFW2.23 RCW.
CERTIFIED: FN NIA:®
Signature Da
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.ly
CERTIFIED:
Fm-] N/A: -
2Z, 1Z
. Vinatur�e r, to
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
$9,958
N/A
N/A
001
001-270
PROCESS:
Electronically approved by Risk Management on 5/2/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/3/2023.
County standard PSA language,
I
STEP 5: DEPARTMENT MAKES REVISION'S & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT' TO BOCC FOR APPROVAL,