HomeMy WebLinkAboutBerk Consulting, Inc. - Housing Action Plan Professional Services AgreementFor City of Yakima Use Only:
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AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
BERK CONSULTING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this 5th day of December, 2019, by and between the City of
Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima, WA
98901, hereinafter referred to as "CITY", and Berk Consulting. Inc, with its principal office at 2200 Sixth Avenue,
Suite 1000. Seattle, WA 98121 hereinafter referred to as "CONSULTANT"; said corporation is licensed and registered
to do business in the State of Washington, and will provide services under this Agreement for Professional Services
associated with creating a I lousing Action Plan as outlined in this Agreement, hereinafter referred to as "SERVICES"
on behalf of the City of Yakima.
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide services described in this Agreement,
incorporated Exhibits and subsequent Amendments thereto; and
WHEREAS, CONSULTANT represents that it has available and offers to provide personnel with knowledge
and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of
interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and CONSULTANT agree as follows:
SECTION 1 INCORPO
1.1
TION OF RECITALS
The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.1 CONSULTANT agrees to perform those services described hereafter. Unless modified in writing by both
parties, duties of CONSULTANT shall not be construed to exceed those services specifically set forth herein.
2.2 CONSULTANT shall use its best efforts to maintain continuity in personnel and shall assign, Lisa Grueter
as Consultant -in -Charge throughout the term of this Agreement unless other personnel are approved by the
CITY.
2.3 Basic Services: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled "Scope of
Work and Budget" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth
herein.
2.4 Additional Services: CITY and CONSULTANT agree that not all WORK to be performed by
CONSULTANT can be defined in detail at the time this Agreement is executed, and that additional WORK
related to the Project and not covered in Exhibit A may be needed during performance of this Agreement.
CITY may, at any time, by written order, direct the CONSULTANT to revise portions of the WORK
previously completed in a satisfactory manner, delete portions of the WORK, or request that the
CONSULTANT perform additional WORK beyond the scope of the WORK. Such changes hereinafter shall
be referred to as "Additional Services."
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2.4.1 If such Additional Services cause an increase or decrease in the CONSULTANT'S cost of, or time
required for, performance of any services under this Agreement, a contract price and/or completion
time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in
writing accordingly.
2.4.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and
the CONSULTANT according to the provisions set forth in Exhibit B, attached hereto and
incorporated herein by this reference, and if so authorized, shall be considered part of the WORK.
The CONSULTANT shall not perform any Additional Services until so authorized by CITY and
agreed to by the CONSULTANT in writing.
2.5 The CONSULTANT must assert any claim for adjustment in writing within thirty (30) days from the date of
the CONSULTANT's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY -FURNISHED DATA: The CITY will provide to the CONSULTANT all technical data in the CITY'S
possession relating to the CONSULTANT'S services on the WORK.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to
CONSULTANT as required for CONSULTANT'S performance of its services and will provide labor and
equipment as reasonably required by CONSULTANT for such access.
3.3 TIMELY REVIEW: The CITY will examine the CONSULTANTS studies, reports, proposals, and other
documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as CITY deems appropriate; and render in writing decisions required of CITY
in a timely manner. Such examinations and decisions, however, shall not relieve the CONSULTANT of any
contractual obligations nor of its duty to render professional services meeting the standards of care for its
profession.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this Agreement.
CITY'S Representative shall have complete authority to transmit instructions and receive information.
CONSULTANT shall be entitled to reasonably rely on such instructions made by the CITY'S Representative
unless otherwise directed in writing by the CITY, but CONSULTANT shall be responsible for bringing to
the attention of the CITY'S Representative any instructions which the CONSULTANT believes are
inadequate, incomplete, or inaccurate based upon the CONSULTANT'S knowledge.
3.5 Any documents, services, and reports provided by the CITY to the CONSULTANT are available solely as
additional information to the CONSULTANT and will not relieve the CONSULTANT of its duties and
obligations under this Agreement or at law. The CONSULTANT shall be entitled to reasonably rely upon
the accuracy and the completeness of such documents, services and reports, but shall be responsible for
exercising customary professional care in using and reviewing such documents, services, and reports and
drawing conclusions there from.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
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SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit B - Schedule of Ssecific Fees and Hourly
Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus reimbursement
for direct non -salary expenses.
5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred on or
directly for the PROJECT including, but not limited to, necessary transportation costs, including
current rates for CONSULTANT'S vehicles; meals and lodging; laboratory tests and analyses;
printing, binding and reproduction charges; all costs associated with other outside nonprofessional
services and facilities; special CITY -requested and PROJECT -related insurance and performance
warranty costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on
the basis of actual charges plus ten percent (10%) and on the basis of current rates when furnished
by CONSULTANT. Estimated Direct Non -Salary Expenses are shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental expenses
incurred by employees of the CONSULTANT and each of the Subconsultants in
connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per
mile will be paid for the operation, maintenance, and depreciation costs of
company or individually owned vehicles for that portion of time they are used for
WORK. CONSULTANT, whenever possible, will use the least expensive form
of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed the OFM Per
Diem Rates available at
https://www.ofm.wa.gov/accounting/administrative-accounting-resources/travel.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when absolutely
necessary.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage, and FAX
charges are not included in the direct expense costs, but are considered included in the Schedule of
Specific Hourly Billing Rates.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall
not exceed Ninety -Five Thousand Dollars ($95,000.00). The CONSULTANT will make reasonable efforts
to complete the WORK within the budget and will keep CITY informed of progress toward that end so that
the budget or WORK effort can be adjusted if found necessary. The CONSULTANT is not obligated to
incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the
CONSULTANT beyond these limits. When any budget has been increased, the CONSULTANT'S excess
costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred
after the approved increase, and provided that the City was informed in writing at the time such costs were
incurred.
5.3 Proposed Payment Schedule
Payments shall be made monthly/quarterly for tasks as depicted in Exhibit A. The CONSULTANT shall
submit to the City's Representative an invoice each month or quarterly for payment for services completed
through the accounting cut-off day of the previous month. Such invoices shall be for services and WORK
performed and costs incurred prior to the date of the invoice and not covered by previously submitted
invoices. The CONSULTANT shall submit with each invoice a summary of time expended on the PROJECT
for the current billing period, and any other supporting materials determined by the City necessary to
substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of
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receipt and upon approval of the WORK done and amount billed. CITY will notify the CONSULTANT
promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to
CONSULTANT the questionable item(s) and withholding payment for such item(s). The CONSULTANT
may resubmit such item(s) in a subsequent invoice together with additional supporting information required.
5.4 Payment terms are net 30 after receipt of approved invoice(s),
SECTION 6 RESPONSIBILITY OF CONSULTANT
6.1 INDEMNIFICATION
(a) CONSULTANT agrees to defend, indemnify, and hold harmless the CITY, its elected officials,
agents, officers, employees, agents and volunteers (hereinafter "parties protected") from (1) claims,
demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and
attorneys fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and
expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage
or destruction to any person or any property to the extent caused by any negligent act, action, default,
error or omission or willful misconduct arising out of the CONSULTANT's performance under this
Agreement. In the event that any lien is placed upon the City's property or any of the City's officers,
employees or agents as a result of the negligence or willful misconduct of the CONSULTANT, the
CONSULTANT shall at once cause the same to be dissolved and discharged by giving bond or
otherwise.
(b) CITY agrees to indemnify and hold the CONSULTANT harmless from loss, cost, or expense of any
kind claimed by third parties, including without limitation such loss, cost, or expense resulting from
injuries to persons or damages to property, caused solely by the negligence or willful misconduct of
the CITY, its employees, or agents in connection with the service..
(c) If the negligence or willful misconduct of both the CONSULTANT and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or
expense shall be shared between the CONSULTANT and the CITY in proportion to their relative
degrees of negligence or willful misconduct and the right of indemnity will apply for such
proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability or a right
of indemnification in any third party.
6.2 In any and all claims by an employee of the CONSULTANT, any subcontractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable, the indemnification
obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of
damages, compensation, or benefits payable by or for the CONSULTANT or a subcontractor under workers'
or workmens' compensation acts, disability benefit acts, or other employee benefit acts.
SECTION 7 AUDIT, ACCESS TO RECORDS AND RECORDKEEPING
7.1 The CONSULTANT, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this Agreement in accordance with generally
accepted accounting principles and practices consistently applied. The CITY, or the CITY'S duly authorized
representative, shall have access to such books, records, documents, and other evidence for inspection, audit,
and copying for a period of three years after completion of the WORK. The CITY shall also have access to
such books, records, and documents during the performance of the WORK, if deemed necessary by the CITY,
to verify the CONSULTANT'S WORK and invoices.
7.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards
and established procedures and guidelines of the reviewing or auditing agency.
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7.3 The CONSULTANT agrees to the disclosure of all information and reports resulting from access to records
pursuant to this section provided that the CONSULTANT is afforded the opportunity for an audit exit
conference and an opportunity to comment and submit any supporting documentation on the pertinent
portions of the draft audit report and that the final audit report will include written comments, if any, of the
CONSULTANT.
7.4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each subcontract for WORK.
7.5 Any charges of the CONSULTANT paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
7.6 The records relating to the WORK shall, at all times, be subject to inspection by and with the approval of the
CITY, but the making of (or failure or delay in making) such inspection or approval shall not relieve
CONSULTANT of responsibility for performance of the WORK in accordance with this Agreement,
notwithstanding the CITY'S knowledge of defective or non -complying performance, its substantiality or the
ease of its discovery. CONSULTANT shall provide the CITY sufficient, safe, and proper facilities, and/or
send copies of the requested documents to the CITY. CONSULTANT'S records relating to the WORK will
be provided to the CITY upon the CITY'S request.
7.7 CONSULTANT shall promptly furnish the CITY with such information and records which are related to the
WORK of this Agreement as may be requested by the CITY. Until the expiration of six (6) years after final
payment of the compensation payable under this Agreement, or for a longer period if required by law or by
the Washington Secretary of State's record retention schedule, CONSULTANT shall retain and provide the
CITY access to (and the CITY shall have the right to examine, audit and copy) all of CONSULTANT'S
books, documents, papers and records which are related to the WORK performed by CONSULTANT under
this Agreement.
7.8 All records relating to CONSULTANT'S WORK under this Agreement must be made available to the CITY,
and the records relating to the WORK are City of Yakima records. They must be produced to third parties,
if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records
relating to CONSULTANT'S services under this Agreement must be retained by CONSULTANT for the
minimum period of time required pursuant to the Washington Secretary of State's records retention schedule.
7.9 The terms of this section shall survive any expiration or termination of this Agreement.
SECTION 8 INSURANCE
8.1 At all times during performance of the Services, CONSULTANT shall secure and maintain in effect
insurance to protect the City and the CONSULTANT from and against all claims, damages, losses, and
expenses arising out of or resulting from the performance of this Contract. CONSULTANT shall provide
and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the
rights to require higher limits should it deem it necessary in the best interest of the public.
8.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the parties,
CONSULTANT shall provide the City with a certificate of insurance as proof of commercial liability
insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two
Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy
shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials,
officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insured
will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written
notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's
Guide and admitted in the State of Washington.
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8.1.2. Commercial Automobile Liability Insurance.
a. If CONSULTANT owns any vehicles, before this Contract is fully executed by the parties,
OIC shall provide the City with a certificate of insurance as proof of commercial automobile
liability insurance and commercial umbrella liability insurance with a total minimum liability
limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to "Any Auto" and be shown on the
certificate.
b. If CONSULTANT does not own any vehicles, only "Non -owned and Hired Automobile
Liability" will be required and may be added to the commercial liability coverage at the same
limits as required in that section of this Contract, which is Section 8.1.1 entitled "Commercial
General Liability Insurance".
c. Under either situation described above in Section 8.1.2.a and Section 8.1.2.b, the required
certificate of insurance shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be in effect
for the duration of this Contract. The policy shall name the City, its elected officials, officers,
agents, employees, and volunteers as additional insureds, and shall contain a clause that the
insured will not cancel or change the insurance without first giving the City thirty (30) calendar
days prior written notice. The insurance shall be with an insurance company or companies rated
A -VII or higher in Best's Guide and admitted in the State of Washington.
8.1.3. Statutory workers' compensation and employer's liability insurance as required by state law.
SECTION 9 SUBCONTRACTS
9.1 CONSULTANT shall be entitled, to the extent determined appropriate by CONSULTANT, to subcontract
any portion of the WORK to be performed under this Agreement.
SECTION 10 ASSIGNMENT
10.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement may
not be assigned by CITY or CONSULTANT without prior written consent of the other, which consent will
not be unreasonably withheld. It is expressly intended and agreed that no third party beneficiaries are created
by this Agreement, and that the rights and remedies provided herein shall inure only to the benefit of the parties
to this Agreement.
SECTION 11 INTEGRATION
This Agreement along with the City RFP and the Consultant's response to the RFP represents the entire
understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered herein. This Agreement
may not be modified or altered except in writing signed by both parties.
SECTION 12 JURISDICTION AND VENUE
12.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction
of litigation arising from this Agreement shall be in Washington State. If any part of this Agreement is found
to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said
laws, but the remainder of this Agreement shall be in full force and effect. Venue for all disputes arising
under this Agreement shall be in a court of competent jurisdiction in Yakima County, State of Washington.
SECTION 13 EQUAL EMPLOYMENT and NONDISCRIMINATION
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13.1 During the performance of this Agreement, CONSULTANT and CONSULTANT's subconsultants shall not
discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age,
sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or
military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or
local law. This provision shall include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection
for training, and the provision of services under this Agreement. CONSULTANT agrees to comply with the
applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes
and regulations.
SECTION 14 SUSPENSION OF WORK
14.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if
unforeseen circumstances beyond CITY'S control are interfering with normal progress of the WORK.
CONSULTANT may suspend, in writing by certified mail, all or a portion of the WORK under this
Agreement if unforeseen circumstances beyond CONSULTANT's control are interfering with normal
progress of the WORK. CONSULTANT may suspend WORK on PROJECT in the event CITY does not
pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the
WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds
ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted the
option to terminate WORK on the suspended portion of Project in accordance with SECTION 15.
SECTION 15 TERMINATION OF WORK
15.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its
obligations under this Agreement and is in default through no fault of the terminating party. However, no
such termination may be effected unless the other party is given: (1) not less than fifteen (15) calendar days
written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an
opportunity for consultation and for cure with the terminating party before termination. Notice shall be
considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either
party as set forth in this Agreement.
15.2 In addition to termination under subsection 15.1 of this Section, CITY may terminate this Agreement for its
convenience, in whole or in part, provided the CONSULTANT is given: (1) not less than fifteen (15) calendar
days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an
opportunity for consultation with CITY before termination.
15.3 If CITY terminates for default on the part of the CONSULTANT, an adjustment in the contract price pursuant
to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed
services or other WORK, and (2) any payment due to the CONSULTANT at the time of termination may be
adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of
the CONSULTANT'S breach. In such event, CITY shall consider the amount of WORK originally required
which was satisfactorily completed to date of termination, whether that WORK is in a form or of a type which
is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself
or of employing another firm to complete it. Under no circumstances shall payments made under this
provision exceed the contract price. In the event of default, the CONSULTANT agrees to pay CITY for any
and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by said default.
This provision shall not preclude CITY from filing claims and/or commencing litigation to secure
compensation for damages incurred beyond that covered by contract retainage or other withheld payments.
15.4 If the CONSULTANT terminates for default on the part of CITY or if CITY terminates for convenience, the
adjustment pursuant to the Agreement shall include payment for services satisfactorily performed to the date
of termination, in addition to termination settlement costs the CONSULTANT reasonably incurs relating to
commitments which had become firm before the termination, unless CITY determines to assume said
commitments.
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15.5 Upon receipt of a termination notice under subsections 15.1 or 15.2 above, the CONSULTANT shall (1)
promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise
make available to CITY all originals of data, drawings, specifications, calculations, reports, estimates,
summaries, and such other information, documents, and materials as the CONSULTANT or its
subconsultants may have accumulated or prepared in performing this Agreement, whether completed or in
progress, with the CONSULTANT retaining copies of the same.
15.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to
completion utilizing other qualified firms or individuals; provided, the CONSULTANT shall have no
responsibility to prosecute further WORK thereon.
15.7 If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is determined that
the CONSULTANT has not so failed, the termination shall be deemed to have been effected for the
convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be determined as set
forth in subparagraph 15.4 of this Section.
15.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel
employed by the CONSULTANT in PROJECT WORK or for any corporate officer of the CONSULTANT
to render his services to the PROJECT, the CONSULTANT shall not be relieved of its obligations to
complete performance under this Agreement without the concurrence and written approval of CITY. If CITY
agrees to termination of this Agreement under this provision, payment shall be made as set forth in
subparagraph 15.3 of this Section.
SECTION 16 DISPUTE RESOLUTION
16.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice
of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot
mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute.
If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be
decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent
in writing, other available means of dispute resolution may be implemented.
SECTION 17 NOTICE
17.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address
set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee -party,
or seventy-two (72) hours after mailing by certified mail to the place of business set forth below, whichever
is earlier.
CITY:
City of Yakima
Alex Meyerhoff, Interim City Manager
129 North 2' Street
Yakima, WA 98901
CONSULTANT: Berk Consulting, Inc
2200 Sixth Avenue, Suite 1000
Seattle, WA 98121
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective
authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA
ex Meyer tT
Printed Name:
Title: interim City Manager
Date:
Atte
ity Clerk
CITY CONTRACT NM..
RESOLUTION NO Pi IN
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BERK CONSULTIING, INC.
e4,4 >i I
Signature
Printed Name: Lisa Grueter
Title: Principal
.04.4100160,.,
4,44404000Ckatd
1/21/2020
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EXHIBIT A
SCOPE OF WORK AND BUDGET
Yakima| ' Housing Action Plan
Scope of Work — Revised FINAL December 17, 2019
TASK 1. PROJECT MANAGEMENT AND WORKPLAN DEVELOPMENT
Our team will work closely with Yakima Community Development staff to refine a project schedule
and workplan that both addresses stakeholders concerns and meets the requirements of HB 1933
and the grant agreement with Department of Commerce. This task includes reviewing previous
studies to leverage that work and avoid conducting redundant analysis.
In order to use available time and budget efficiently, we will attempt to consolidate travel to
Yakima as much as possible throughout the project cycle. For activities like Advisory Committee
meetings we anticipate prioritizing meeting in person during the early stage of the project, and
meeting virtually later on.
Exhibit 1. Subtasks and Approximate Schedule
Description
Start Month Approximate
Completion
Meeting A Attend kick-off with city project team and study session 12 20
with City Council members
Task 1.1 Review prior studies ir-icludirig the Equity Study and 1/2020 1/2020
Comprehensive Plan
Task 1.2 Identify stakeholders and establish a project advisory 1/2020 1/2020
committee and process. This may include a role for the
ommunity Integration Committee.
Deli'verable 1.1 Refined project workplan and schedule 2/2020
Deliverable 1.2 Monthly progress reports Monthly with project invoice
TASK 2. PUBLIC OUTREACH AND ENGAGEMENT
This task includes the development and implementation of a Community Outreach and
Engagement Plan. It will run in parallel with other tasksthroughout the entire project, to ensure
that the project is grounded in and builds upon community members' deep firsthand knowledge of
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Yakima's needs. While the details of this plan will be refined following project kick-off, the Tasks,
meetings, and products described below provide an example of the scope and level of effort we
anticipate for BERK's role in public outreach and engagement.
A key element of our approach to this task will be engaging local organizations and community
leaders to inform and support the outreach and engagement effort. We will focus on those who
can support engagement with Latinx and Spanish-speaking residents, and will set aside a portion
of the project budget to compensate local partners and/or businesses for their services, as
appropriate. Partners could be Iocal translators with outreach experience, leaders of community-
6osedorgonizotion4ven600thotcansupportengogement(e.g.prinUng,foo6,etc)ondothers.
Appropriate roles, responsibilities, and compensation for these partners can be defined in
collaboration with City of ¥akima planning staff and with the partners. While the breakdown of
roles is not yet defined, we anticipate BERK staff playing an active role in all outreach and
engagement events. We also hope to support city staff to build connections and capacity for
future ongoing engagement efforts.
We will begin our work with a series of stakeholder interviews as well as a stakeholder summit in
Yakima to develop a solid understanding of the community's range of concerns and perspectives
that need to be considered in this plan. We will also receive feedback on how these stakeholders
and the communities they represent perceive the proposed process, and how they wish to be
engaged during this process.
Does the process feel relevant to them and their communities, and why?
If they would like to be engaged, what formats would work besfor them?
At what points in the process would they like to be involved? With what frequency?
We will be responsive to community needs and feedback by modifying project goals and
Exhibit 2. Subtasks and Approximate Schedule
Start Month End Month
Description
Task 2.1 Identify stakeholders for interviews to develola outreach 1/2020 2/2020
and engagement approach and to help identify pt:)tential
local partners. Discuss interest in project and opportuntties
to work together.
Task 2.2 Conduct stakeholder interviews and plan for a stakeholder 1/2020 2/2020
summit in late Feb or early March.
Task 2.3 Per results of Tasks 2.1 and 2.2, work with City of Yakima 2/2020 2/2020
to select local partners, including definition of partner
roles, responsibilities, and compensation.
Task 2.4 Collaborate with local partners to refine a Community 2/2020 2/2020
Outreach and Engagement Plan.
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Description Start Month End Month
Task 2.5 Schedule arlid plan for outreach events and activities. At 3/2020 4/2020
these meetings we can review the draft housing needs
assessment findings and receive additional input about
housing needs and challenges in Yakima to consider when
developing housing strategies.
Public Meetings Conduct outreach and engagement events with support 3/2020 5/2020
— Round 1 from local partners to gather community input on housing
needs and potential strategies. Events would be spread to
different neighborhoods across the city and could include
intercept surveys, discussion groups, and meetings.
Consultant resources assume 2 days of time by 2 persons;
consultant may focus on key events, which may be
leveraged by local partriers and City staff.
Task 2.6 Develop conlniunications materials to share draft Housing 10/2020 10/2020
Action Plan strategies and implementation options with
stakeholders and members of the public.
Public Meetings Conduct outreach and engagement ev.ent.s with support 11/2020 11/2020
— Round 2 from local partners to gather community input on draft
Housing Action F'lan. Events would be spread to different
neighborhoods across the city and could include intercept
surveys, discussion groups, and meetings. Conduct up to 2
public meetings with support from .iocal partners to gather
community input on the draft Housing Action Plan. The
format and activities will be determined based on the
effectiveness of earlier outreach events. The budget
assumes 2 days and 2 persons.
TASK 3. RAPID ASSESSMENT OF HOUSING NEEDS
Following a review of previous planning and analysis of housing in Yakima, BERK will conduct a
rapid assessment of housing needs aimed at filling in key gaps in knowledge through both data
analysis and targeted outreach to stakeholders for qualitative input. This assessment will identify
and define Key Housing Affordability Challenges for all demographic and economic segments in
Yakima, with a focus on:
Local Workforce
Low- to Moderate -income families
Seniors
Those in need of Permanent Supportive or Transitional Housing
Page 12 of 19
Exhibit 3. Subtasks and Approximate Schedule
Description Start Month End Month
zoningTask 3.1 Analyze household characteristics and trends at the city 1/2020 1/2020
and census tract scale using data from the Census, I-IIJD,
OFM, OSPI and others.
Task 3.2 Analyze workforce housing needs using data from Census 1/2020 1/2020
LEHD and Washington State Employment Security Dept.
Task 3.3 Analyze population and employment trends with 1/2020 1/2020
documentation of projections.
Task 3.4 Evaluate local market conditions and regulatory 2/2020 2/2020
environment by reviewing County Assessor data or OFIV1
snlall area housing estimates, permit data, recent
construction, Zillow rents and home price trends, as well
as and deve
Task 3.5 Summarize income -restricted housing availability as well 2/2020 2/2020
as other special needs housing (e.g., seniors, veterans,
fa rmworkers).
Task 3.6 Identify existing low-cost housing that is at risk of loss. 2/2020 2/2020
Task 3.7 Interview local service providers and other stakeholders 1/2020 3/2020
familiar with housing needs for those with permanent
supportive or transitional housing.
Task 3.8 Conduct gap analysis to quantify current and projected 3/2020 3/2020
housing needs not currently met by the housing rroarket or
nonprofit housing providers.
Meeting B Present draft findings to advisory committee and relevant 3/2020 3/2020
stakeholders for feedback and discussion. Refine.
Deliver•able 3.1 Draft Housing Needs Assessment 2/2020 3/2020
Delivel.able 2.2 Final Housing Needs Assessment 3/2020 4/2020
TASK 4. REVIEW AND EVALUATE HOUSING ELEMENT
We will review and evaluate Yokimo's Comprehensive Plan Housing Element to determine if
recent development trends show success in implementing policies. This includes being on track to
accommodate population growth targets and whether new housing developed are affordable to
all economic segments.
Page 13 of 19
Exhibit 4. Subtasks and Approxmate Schedule
Description
Start Month End Month
Task 4.1 Review and evaluate Housing Element, including 3/2020 3/2020
consistency of development trends with targets, goals, and
policies.
Task 4.2 Evaluate the effectiveness of existing code provisions 3/2020 A/2020
implemented to achieve Housing Element goals
Meeting B Present draft findings to advisory committee and relevant 4/2020 5/2020
stakeholders for feedback and discussion. Concurrent with
Meeting C in Task 3.
Task 4.3 Identify changes to goals and policies, as needed based 5/2020 5/2020
on discussions in Meeting B.
Task 4.4 Identify new housing production targets by housing type if 5/2020 5/2020
city is not on target to achieve population targets with
housing that is affordable to all economic segments.
TASK 5. DEVELOP RECOMMENDED HOUSING STRATEGIES
Building on the findings of Tasks 2, 3, and 4 we will work with City prolectteam staff, advisory
committee members, and stakeholders to identify and evaluate potential strategies for meeting
housing needs. These strategies should focus on increasing the supply of housing, diversity of
housing options, and addressing needs identified in Task 1. Strategies should focus on four
priority issues: Infill Development; Promote Home Ownership for Low to Moderate income
families; Affordable Senior Housing; and Permanent Supportive or Transitional Housing.
Exhibit 5. Subtasks and Approximate Schedule
Description Start Month End Month
Task 5.1 Interview market -rate and subsidized housing Providers to 4/2020 4/2020
gather perspectives about barriers to housing market
production, including, potentially, development regulations,
permitting process, availability of suitable parcels,
infrastructure, availability of financing, etc.
Task 5.2 Conduct additional analysis to evaluate barriers to market 4/2020 5/2020
rate housing development, including proforma modeling
for representative sites.
Task 5.3 Review best practices and effective programs utilized in 5/2020 5/2020
successful proiects related to the Four Priority Issues.
Evaluate local resources to identify missing components.
Explore Housing Land Trusts, other measures and incentives.
Task 5.4 Explore strategies for affordable housing preservation to 5/2020 5/2020
reduce risk of displacement of low-incorne residents
Page 14 of 19
Description Start Month End Month
Task 5.5 Draft a comprehensive menu of potential strategies for 5/2020 5/2020
addressing housing needs and related to the four priority
issues. Evaluate potential benefits and drawbacks of
each.
Meeting C Present strategy menu to City, advisory committee and 5/2020 6/2020
stakeholders for feedback and assessment. Refine based
on feedback.
Deliverable 5.1 Menu of Housing Strategies 4/2020 5/2020
Deliverable 5.2 Recommended Hot)sing Strategies 6/2020 7/2020
TASK 6. EVALUATE OPPORTUNITIES FOR INFILL DEVELOPMENT
We will conduct analysis and mapping to identify and evaluate opportunities for infill
development consistent with the housing strategies identified in Task 4. One goal will be to
identify potential catalyst sites to help incite market interest and activity. This task assumes
support from Yakima GIS staff.
Exhibit 6. Subtasks and Approximate Schedule
Description Start Month End Month
Ta:Isk 6.1 Using City of Yakinia GIS team and mapping layers, 6/2020 7/2020
evaluate and identify potential locatioris for infill and
priority housing issues using criteria developed in
collaboration with City staff, the advisory committee, and
stakeholders
Task 6.2 Create an evaluation tool and mapping illiistratiori of 7/2020 8/2020
areas that have highest potential for infill and catalyst
housing projects.
Task 6.3 Develop an interactive rriap/dashboard to support review 7/2020 8/2020
of potential sites.
Deliver.able 6.1 Interactive map/dashboard of potential infill 7/2020 8/2020
opportunities.
TASK 7. DEVELOP ACTION PLAN
We will work with the City, advisory committee, and stakeholderto identify programs and
actions to implement the recommended housing strategy. The final product will include a timeline
of actions and responsible parties. Actions may include regulatory changes, incentives, or other
Page 15 of 19
Exhibit 7. Task 7 and Approximate Schedule
Description
„..
Task 7.1 For each housing strategy, identify a range of regulatory 8/2020 9/2020
changes, design tools, and programs to implement housing
strategies alr1,-.'1 achieve housing production targets.
Start Month End Month
Meeting D Present these options to City project team and advisory 9/2020 9/2020
committee for review and input.
Task 7.2 Prepare Preliminary Draft Housing Action Plan 9/2020 10/2020
Deliverable 7.1 Preliminary Draft Housing Action Plan 9/2020 10/2020
Task 7.3 SEPA review: Determination of Non -Significance and 10/2020 10/2020
Checklist or Determination plus Adoption of prior EIS and
Addendum depending on Proposals
Meeting E Planning Commission Review 10/2020 12/2020
Meeting F City Council Study Session 12/2020 1/2021
Task 7.4 Revise Draft Housing Action Plan 1/2021 2/2021
Deliverable 7.2 Revised Draft Housing Action Plan 10/2020 2/2021
Meeting G Attend City Council Public Hearing 1/2021 2/2021
Page 16 of 19
Proposed Schedule
DECEMBE
JANUARY FEBRUARY
Gly Coned{
Study Session
MARCH
APRA
MAY
IUIY
T BEMEMBE OCTOBER NOVEMBER
JANUARY FEBRUARY
Gly nd{
resists Hewing ;..
Community Outreach
nd 1
Somnd
and Community.
Listening SN.i041E
mummy.0101Dach &
Advisory
Committee Meeting
•Pleaming
Commission
InmII Opporlunitiss
Mapping Tool
Drab Needs
Asfessenen1
Final Needs'
Assessment
Page 17 of 19
Menu of Housing
Sseoleyies
unneeded
ousing Strategics
Budget
Task
Task 1. Project Management and
Task 2. Public Outreach and Eng
Budget
Workplan Development $6,270
Engagement
$29,510
Needs $13,830
Housing Element $7,080
Strategies $14,560
Infill Development $4,560
$16,860
$2,730
$95,000
Task 3 Rapid Assessment of Housing
Task 4 Review and Evaluate'Hou
Develop' Recommended Housing
Task 5
Task 6. Evaluate Opportunities for
Task 7. Develop Action Plan
Expenses
Total Budget
Page 18 of 19
Notes
Assumes support from
Yakima for GIS analysis
(particularly Task 6)
EXHIBIT B
PROFESSIONAL FEES AND
TES
BERK Consulting, Inc.
STANDARD BILLING RATES - 2020
Allegra Calder Principal $250.00
Brian Murphy Principal $250.00
Lisa Grueter Principal $225.00
Kevin Ramsey Associate Principal $185.00
Vivien Savath Associate Principal $185.00
Andrew Bjorn Senior Associate II $170.00
Jason Hennessy Senior Associate II $170.00
Deborah Munkberg Senior Associate II $170.00
Radhika Sasikumar Nair Senior Associate II $170.00
Erika Rhett Senior Associate II $170.00
Michele Eakins-TeSelle Senior Associate I $160.00
Kevin Gifford Senior Associate I $160.00
Per Johnson Senior Associate I $160.00
Kristin Maidt Senior Associate I $160.00
Jessica Hartmann Associate III $145.00
Sherrie Hsu Associate III $145.00
Benjamin Silver Associate III $145.00
Lisa Johnson Associate II $140.00
Jescelle Major Associate II $140.00
Jay Shih Associate II $140.00
Bryce Anderson Associate I $120.00
Rebecca Fornaby Associate I $120.00
Julia Tesch Associate I $120.00
Patricia Taylor Project Associate $95.00
Direct non -salary costs:
Mileage $0.575 per mile
Prints - B/W $0.10 per page
Prints - Color $0.35 per page
Prints - Large Format (34"x44) $28.50 per page
Printing - Small Format (22"x44") $13.00 each page
Page 19 of 19
Contract Supplemental Agreement
Supplemental Agreement Organization and Address:
Number: 1 Berk Consulting
2200 6th Ave,
Suite 1000
Seattle WA 98121
Original Contract Number: Execution Date of Supplement:
2020-016 January 30, 2020
Resolution Number: R-2019-118 (Housing Action Completion Date of Supplement:
Plan Resolution w/ Dept of Commerce) June 1, 2021
Project Title: Maximum Amount Payable this Supplement:
Housing Action Plan- Community Engagement $ 3,800
modification due to COVID19
Maximum Total Amount Payable for the
Agreement: $98,800
Section 1: Supplemental Agreement
The City of Yakima,Washington desires to supplement the contract agreement entered into with Berk Consulting,
Inc. and executed on January 30, 2020 by and identified as Contract 2020-016. All provisions in the basic
contract remain in effect except as expressly modified by this supplement. The changes to the agreement are
described as follows:
Section 2: Scope of Services
The Supplemental Agreement includes changes in the implementation of the community engagement portion
of the Scope of Work, due to the COVID-19 pandemic restrictions in gathering and public meetings. The
adjustment to virtual ZOOM-type meetings, prohibition on small in-person interviews and meetings created a
major modification in the approach to gathering public input and community engagement. Since the duration
of this pandemic and related restrictions was not known, Berk consulting and the City of Yakima modified the
approach several times, in an iterative process to meet the intent of the State Funding under HB 1923 and to
be consistent with Department of Commerce Guidelines in the preparation of the Housing Action Plan.
Section 5: Compensation
Payment for this supplemented work, as shown on Exhibit A is not to exceed$3,800, bringing the total amount of
the Agreement to$98,800. This reevaluation of tasks is pursuant to Section 5.3 of the contract. Compensation will
be from the funds originally reserved by the City of Yakima for printing and publication costs. If you concur with
this supplement and agree to the changes as stated above, please sign the appropriate spaces below and return
to this office for final action.
By: By: aj?)LA-A4\10,AA:
Consultant Signature City Manager Signature
June 29, 2021
Date Date CITY CONTRACT NO:a0A0_0 I(0 ` L&1p
ti
RESOLUTION NO: r\
COPY
Phoney(206)324-8760
111 BERK JUN 3 0 2021 2200 Sixth Avenue,Suite 1000
Seattle,WA 98121
CITY OF YAKIMA www.berkconsulting.com
COMMUNITY DEVELOPMENT
Joseph Calhoun June 29, 2021
City of Yakima Project No: R0010465
129 North Second Street Invoice No: 10465-05-21R
Yakima, WA 98901
3100•00
Invoice Total —$4,314.121—
Project R0010465 City of Yakima Housing Action Plan 2020
Invoice Period: May 1,2021 to May 31,2021
Task 1 Project Management and Workplan Development
Professional Services
Hours Rate Amount
Tesch,Julia 1.00 115.00 115.00
Totals 1.00 115.00
Total Labor 115.00
Total this Task $115.00
Task 2 Public Outreach and Engagement
Professional Services
Hours Rate Amount
Fornaby, Rebecca 1.25 135.00 168.75
Taylor, Patricia 2.50 90.00 225.00
Tesch,Julia 15.00 115.00 1,725.00
Totals 18.75 2,118.75
Total Labor 2,118.75
Total this Task $2,118.75
Task 7 Develop Action Plan
Professional Services
Hours Rate Amount
Eakins-TeSelle, Michele 3.00 155.00 465.00
STRA1EuY+ ANAiYSiS COMMUNICATIONS
•
COZY R0010465 Yakima Housing Action Plan Invoice 10465-05-21R
Grueter, Lisa 1.00 210.00 210.00
Linden,Josh 4.00 135.00 540.00
Sasikumar Nair, Radhika 39.00 165.00 6,435.00
Tesch,Julia 7.00 115.00 805.00
Totals 54.00 8,455.00
Total Labor 8,455.00
Total this Task $8,455.00
Task 99 Expenses
Expenses
Misc Reimbursable Expense
5/31/2021 American Planning 150.00
Association -Washington
Chapter
Total Expenses 150.00 150.00
Total this Task $150.00
Billing Summary Current Invoice Previous Total Invoiced
Invoices To-Date
Total Billings 10,838.75 94,485.88 105,324.63
Total Budget 98,800.00
ADJUSTMENT: Invoice reflects -6,524.63
total effort but is adjusted to
bill for remaining budget
Total Due this Invoice
3,`600.00
RECEIVED
e • � 1301�
JUN 3 0 2021
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
Project R0010465 Yakima Housing Action Plan Invoice 10465-05`Qi i
Billing Backup Tuesday,June 29,2021
BERK Consulting, Inc. Invoice 10465-05-21R Dated 5:02:11 PM
6/29/2021
Project R0010465 City of Yakima Housing Action Plan 2020
Task 1 Project Management and Workplan Development
Total this Task $115.00
Task 2 Public Outreach and Engagement
Total this Task $2,118.75
Task 7 Develop Action Plan
Total this Task $8,455.00
Task 99 Expenses
Expenses
Misc Reimbursable Expense
AP 7704 5/31/2021 ❑ American Planning Association - 150.00
Washington Chapter/Invoice: 1324,
6/29/2021
Total Expenses 150.00 150.00
Total this Task $150.00
RECEIVED Total this Project $10,838.75
Total this Report $10,838.75
JUN 3 0 2021
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
COPY
APA Washington INVOICE 1324
2150 N 107TH ST STE 205
SEATTLE, WA 98133
United States
RECEIVED
Washington Chapter
JUN 3 0 2021
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
BERK Consulting Invoice# 1324
Radhika Sasikumar Nair Invoice Date 06/11/2021
3204 NE 86th St Invoice Due Due Upon Receipt
Seattle, WA 98115-3634
Amount Due $ 0.00
Transactions
Description Amount
2021 APAWA/PAW Awards Nominations-APA or PAW members-$150.00 $150.00
Payments
Description Amount
Credit Card Payment-Visa 9712 on 06/15/2021 -$150.00
Total Amount $ 150.00
Amount Paid -$ 150.00
Amount Due $ 0.00
If remitting payment by check, please include a copy of this invoice.To pay by credit card, please access your invoices under your profile.
Services not guaranteed until payment is complete.
If remitting payment via ACH, please email the invoice number to office@washington-apa.org to ensure your payment is applied correctly.
Questions?Call 206-682.7436 or email office@washington-apa.org.
Ibarra,Rosalinda
From: Trish Raysor<trish@berkconsulting.com> COPY
Sent: Wednesday,June 30,2021 10:31 AM
To: Ibarra,Rosalinda;Radhika Nair
Cc: Calhoun,Joseph
Subject: RE:REVISED BERK Invoice#10465-05-21R
Hi Rosalinda,
That's fine. I'll apply the $514.12 to the invoice once we receive it and then apply the balance once it's received. Can you let me
know when the payment for the original invoice was sent?
Thanks,
Trish Raysor
she/her
206.324.8760 I MAIN
www.berkconsultinq.com
:All BERK
STRATEGY I ANALYSIS COMMUNICATIONS
Helping Communities and Organizations Create Their Best Futures
From: Ibarra, Rosalinda <Rosalinda.lbarra@yakimawa.gov>
Sent: Wednesday,June 30, 2021 10:27 AM
To:Trish Raysor<trish@berkconsulting.com>; Radhika Nair<radhika@berkconsulting.com>
Cc: Calhoun,Joseph <Joseph.Calhoun@YAKIMAWA.GOV>
Subject: RE: REVISED BERK Invoice# 10465-05-21R
The final billing invoice of$514.12 (pdf"2021-05 Invoice BERK") has already been processed through Finance and a check was
issued to BERK. BERK will need to re-revise their final billing and adjust the amount due with what we (City) have already issued
or we will manually correct the invoice total to $3,800($4314.12-$514.12).
Please advise how to proceed.
Thanks!
Rosalinda Ibarra
Community Development Administrative Assistant
#711 Ms
P annihn FLY YKM
This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is
subject to the State Retention Schedule.
From:Trish Raysor [mailto:trish@berkconsulting.com]
Sent:Tuesday,June 29, 2021 2:04 PM
To:Calhoun,Joseph <Joseph.Calhoun@YAKIMAWA.GOV>
Cc: Ibarra, Rosalinda <Rosalinda.lbarra@yakimawa.gov>; Radhika Nair<rdhika@berkconsulting.com>
Subject: REVISED BERK Invoice# 10465-05-21R
Hi Joseph,
1
Please find attached REVISED BERK Invoice#10465-05-21R, which is the final invoice for work done on the Yakima Housing
Actirtyrpt invoices replaces the previous version sent 6/8/2021. Please let me know if you have any questions.
Thank you,
Trish Raysor
she/her
206.324.8760 I MAIN
www.berkconsultinq.com
111 BE
STRATEGY I ANALYSIS I COMMUNICATIONS
Helping Communities and Organizations Create Their Best Futures
From:Trish Raysor
Sent:Tuesday,June 8, 2021 3:00 PM
To:Joseph.Calhoun@YAKIMAWA.GOV
Cc: Rosalinda.lbarra@yakimawa.gov; Radhika Nair<radhika@berkconsulting.com>
Subject: BERK Invoice# 10465-05-21F
Hello,
Attached please find attached BERK invoice# 10465-05-21F, which is the final invoice, for work done on the Yakima Housing
Action Plan. Please let me know if you have any questions.
Thank you,
Trish Raysor
206.324.8760 1 tt. ;r'
www.nerkconsu;ti q.cor
111 BERK
STRATEGY I ANALYSIS COMMUNICATIONS
Helping Communities and Organizations Create Their Best Futures
2