HomeMy WebLinkAboutR-2013-055 Shoreline Master Program Update Agreement Amendment with Watershed Company w Amendment 3RESOLUTION NO. R-2013-055
A RESOLUTION pertaining to Shoreline Master Program; authorizing the City
manager to execute an amended agreement between The
Watershed Company and City of Yakima for professional services
for update of Shoreline Master Program.
WHEREAS, the City of Yakima ("City") is required by law to develop and update a
Shoreline Master Program ("SMP"), and has participated in a regional SMP update
process with Yakima County. This process produced an analysis report, a restoration
plan and a cumulative impacts analysis. City elected not to complete the update process
with Yakima County, but intends to adapt the county's SMP and other documents as
needed, to prepare a locally based, user-friendly SMP that meets applicable guidelines in
compliance with the Shoreline Management Act. City also desires incidental support with
the SMP local adoption process, and
WHEREAS, the City is eligible for grant funding from the Washington State
Department of Ecology for the completion of such project, and has solicited proposals
from qualified professional service providers for the performance of such work; and
WHEREAS, the proposal submitted by The Watershed Company was determined
to be the best proposal submitted by a qualified provider of such services, and
WHEREAS, the City and The Watershed Company considered an agreement for
the provision of such services, comprising Tasks 1 through 6, but were informed that the
grant funding from the Department of Ecology would be $20,000 for the current budget
cycle ending in June 2013, but that additional grant funding may be available. The City
and The Watershed Company thereupon negotiated an agreement for completion of
Tasks 1 through 4, with the understanding that such agreement could be amended to
include the full scope of work upon notification that additional grant funding was available;
and
WHEREAS, the City was subsequently informed by the Department of Ecology
that additional grant funding, up to the total amount of $64,000, was available to the City
during the current grant cycle; and
WHEREAS, the City and The Watershed Company have negotiated an Amended
Agreement for Professional Services for the performance of the full scope of work; and
WHEREAS, the City Council finds and determines that approval of such Amended
Agreement is in the best interests of residents of the City of Yakima and will promote the
general health, safety and welfare, therefore:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The City Manager is hereby authorized to execute the Amended
Professional Services Agreement with The Watershed Company for Shoreline Master
Program update and related support services, a copy of such Amended Agreement is
attached hereto as Exhibit "A" and by reference made a part hereof; and
Section 2. Approval of such Amended Agreement is made in conjunction with
approval by the Washington State Department of Ecology of additional grant funding for
such purposes; and the City Manager and authorized personnel of the City of Yakima are
hereby authorized to execute any and all documents to approve and secure such grant
funding, subject to the determination by the City Attorney that such grant instruments
substantially conform to the purposes approved herein; now, therefore,
ADOPTED BY THE CITY COUNCIL this 7th day of May, 2013.
42t,)(
ATTEST: _ ��, Micah Caw,fey, Mayor
AMENDED PROFESSIONAL SERVICES AGREEMENT
Shoreline Master Program Update: Support Services
THE WATERSHED COMPANY
THIS AMENDED PROFESSIONAL SERVICES AGREEMENT, hereinafter an
"Agreement," is made and entered into by and between the City of Yakima, a
Washington State municipal corporation (hereinafter the "City"), and The Watershed
Company (hereinafter "Consultant").
I. Recitals
A. City is a municipal corporation of the State 'of Washington, with City Hall
located at 129 North 2nd Street, Yakima, Washington 98901.
B. Consultant is a corporation duly organized and existing under the laws -of
the State of Washington, with corporate offices at 750 Sixth Street South, Kirkland,
Washington 98033.
C. City has participated in a regional Shoreline Master Program (SMP)
update process with Yakima. County. This process produced an analysis report, a.
restoration plan and a cumulative impacts analysis. City elected not to complete the
update process with Yakima County, but intends to adapt the county's SMP and other
documents as needed, to prepare a locally based, user-friendly SMP that meets
applicable guidelines in compliance with the Shoreline Management Act. City also
desires incidental support with the SMP local adoption process.
D. City solicited proposals from qualified professional service providers to
provide the needed services. The proposal submitted by Consultant was the best
responsive proposal submitted by a qualified proponent.
E. City had been awarded grant funding in the amount of $20,000 from the
Washington State Department of Ecology ("Ecology') for the payment of services. Such
.funding was sufficient to provide compensation for performance of Tasks 1 through 4 of
the originally intended scope of work (Tasks 1 through 6). Consultant and City entered
into an Agreement for the provision of professional services to accomplish Tasks 1
through 4 of the original scope of work, with the understanding that, if additional grant
funding became available through Ecology, such Agreement would be amended to
provide for the performance and compensation of the full scope of work.
F. The parties have been informed that Ecology has agreed to provide total
grant funding for the full scope of services up to $64,000 during the current grant cycle,
and the parties desire to enter into an Amended Agreement providing for the
performance and funding of the original full scope of services.
Page 1 of 5
II. Agreement
WHEREFORE, in consideration of the mutual covenants, conditions, promises, and
agreements set forth herein, it is agreed by and between the City and' the Consultant as
follows:
1. r Scope of Work. The Consultant shall provide Shoreline Master Program update
support services, staff, any and all specialized equipment, and otherwise do all things
necessary for or incidental to the performance of the following work:
Perform those tasks and goals identified and described in the Introduction and
Scope of Consultant's Proposal, entitled "Shoreline Master Program Update:
Support Services," dated March 27, 2013 (hereinafter "Proposal"), a copy of
which is attached hereto as Exhibit "A" and incorporated herein by this reference.
In performing such services, Consultant may retain and use qualified
subcontractors as deemed necessary and appropriate, all as set. forth in the
Proposal. Notwithstanding this provision, Consultant shall remain)solely
responsible for the full performance of the scope of services set fortin the
Proposal.
In accordance with the "General Assumptions" set forth in the Proposal, City will
provide all adopted or approved background documents electronically or in hard
copy. Yakima County's SMP will be provided in Word format. Ecology of City
will provide a Word format version of Yakima County's submittal checklist. As
requested by Consultant, City will provide any other applicable GIS files as
available. All other items in the General Assumptions shall be deemed included
in the Scope of Work.
2. Compensation. Subject to the contingency provision set forth below, the City
shall compensate Consultant up to $55,999.00 at the designated hourly rate set forth in
the Proposal, together with designated project expenses, for Task 1 ("Shoreline Master
Program — Format and Develop") through Task 6 ("Submittal Checklist").
Contingency: The parties understand that funding for payment of compensation under
this Agreement is derived through grant funds administered by the Washington State
Department of Ecology ("Ecology"). City has been granted $64,000 in grant funding for
the state annual budget cycle, which current budget cycle expires in June 2013.
Thereafter additional grant funding in the amount of $6,000 has been, represented by
Ecology as becoming available to City to fund SMP update activities. The parties
understand that any future funding or support services beyond June 30, 2013 (for
portions of Tasks 2, 3 and 5 and all of Tasks 4 and 6) are subject to Ecology funding of
fiscal year 2014, and shall not be authorized until written approval of the City of Yakima
Community Development Director is received.
As set forth above for performance of Task 1 through Task 6, total compensation to
Consultant under this Agreement shall not exceed $55,999.00. The City shall make
payment to Consultant within thirty (30) calendar days upon receipt of invoice. All
Page 2 of 5
payments are expressly conditioned upon Consultant providing services hereunder
satisfactory to the City.
3. Term of Agreement. The term of this Agreement shall commence upon full
execution by all parties and, shall terminate upon full performance of .Consultant's
service hereunder and City's payment of compensation. This Agreement may be
terminated by either party in accordance with Section 13 of this Agreement.
4. Status of Consultant. The Consultant and the City understand and expressly
agree that Consultant is an independent contractor in the performance of each and
every part of this Agreement: The Consultant, as an independent contractor, assumes
the entire responsibility for carrying out and accomplishing the services required under
this Agreement free from supervision by the City over the methods and details of
performance except as provided herein. Additionally, and as an independent
contractor, Consultant and its employees and subcontractors shall make no claim
against the City for employment benefits, social security, and/or retirement benefits.
Nothing contained herein shall be interpreted as creating a relationship of servant,
employee, partnership or agency between Consultant or any officer, employee or agent
of Consultant and the City.
5. Taxes and Assessments. Consultant shall be solely responsible for
compensating its employees and subcontractors and for paying all related taxes,
deductions, and assessments, including but not limited to, federal income tax, FICA,
social security tax, assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed against either party
as a result of this Agreement. In the event the City is assessed a tax or assessment as
a result of this Agreement, Consultant shall pay the same before it becomes due.
6. Non -Discrimination. During the performance of this Agreement, Consultant
shall not discriminate in violation of any applicable federal, 'state and/or local law or
regulation on the basis of race, color, sex, religion, national origin, creed, marital status,
political affiliation, or the, presence of any sensory, mental or physical handicap. 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.
7. Compliance With Law. Consultant agrees to perform all services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules,
and regulations adopted or promulgated by any governmental agency or regulatory
body, whether federal, state, local, or otherwise.
8. No Conflict of Interest. Consultant represents that he and/or his employees do
not have any interest and shall not hereafter acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of this Agreement.
9. No Insurance provided by City. It is understood the City does not maintain
liability insurance for Consultant and/or his employees.
Page 3 of 5
10. Assignment. This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by the Consultant to any other person
or entity without the prior written consent of the City. In the event that such prior written
consent to an assignment is granted, then the assignee, shall assume all duties,
obligations, and liabilities of Consultant as stated herein.
11. Integration. This written document constitutes the entire agreement between
the parties. No changes or additions to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and executed by -both parties.
12. Non -Waiver. The waiver by Consultant or the City of the breach of any provision
of this Agreement by the other party shall not operate or be construed as a waiver of
any subsequent breach by either party or prevent either party thereafter enforcing any
such provision.
'13. Termination. The Consultant or the City may terminate' this Agreement, with or
without cause, by giving the other party at least ten (10) days advance written notice of
termination. In the event of such termination, the Consultant shall be compensated in
accordance with Section 2 of this Agreement for performance rendered (with designated
expense) up to the termination date.
14. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
agreement and shall be binding on the parties to this Agreement.
15. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent or hand delivered to the parties at their addresses as follows:
To City:
To Consultant:
Tony O'Rourke
City Manager
City of Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
A. William Way
President
The Watershed Company
750 Sixth Street South
Kirkland, Washington 98033
or to such addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
Page 4 of 5
16. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
17. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
18. Effective Date. This Agreement shall be effective as and from the date
signed by the last party to sign.
CITY OF AKIMA CONS
o 'Ro rke, ity Manager
Date:
ATTEST:
j►�i„
onya CI . ar Tee,
Date:
CITY CONTRAC
RESOLUTIONNO:1i,•
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Page 5 of 5
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. SJ
For Meeting of: 5/7/2013
ITEM TITLE:
SUBMITTED BY:
Resolution approving Amended Agreement with The
Watershed Company for professional services relating to
Shoreline Master program update and support services
Steve Osguthorpe, AICP, Director of Community
Development
SUMMARY EXPLANATION:
The City of Yakima is required to provide for a Shoreline Master Program pertaining to
protection of shorelines within its jurisdiction and provisions relating to development within and
upon designated shoreline protected areas. The City of Yakima has participated in a regional
Shoreline Master Program (SMP) update process with Yakima County. This process produced
an analysis report, a restoration plan and a cumulative impacts analysis. City elected not to
complete the update process with Yakima County, but intends to adapt the county's SMP and
other documents as needed, to prepare a locally based, user-friendly SMP that meets
applicable guidelines in compliance with the Shoreline Management Act. City also desires
incidental support with the SMP local adoption process. Based upon these needs, the City
solicited proposals from qualified professional service providers, and selected The Watershed
Company proposal.
The Department of Ecology has grant funds to assist the City in these purposes. Earlier this
year, we were advised that Ecology had grant funds in the amount of $20,000 during the current
grant cycle. During negotiations with The Watershed Company, it was determined that such
funding was sufficient to provide for completion of Tasks 1 through 4 of the original scope of
work (6 Tasks contemplated). Ecology, advised that more grant funds may be made available
later. The City and the consultant thereupon agreed to enter into an agreement for completion
of Tasks 1 through 4 of the original scope of work, with the understanding that such agreement
could be amended in the event additional grant funding was awarded.
The City was subsequently advised by Ecology that additional grant funds for the current grant
funding cycle, up to $64,000, was approved for the City of Yakima SMP project. The City and
The Watershed Company have thereupon negotiated an Amended Agreement providing for the
completion of all SMP Tasks. Total compensation under the Amended Agreement is not to
exceed $55,999 for Tasks I through 6. The attached Resolution approves the Amended
Agreement, and also authorizes the City Manager and appropriate City personnel to execute
the corresponding grant documents when such are received from Ecology, subject to approval
of such instruments by the City Attorney.
Resolution: X
Other (Specify):
Contract: X
Start Date:
Ordinance:
Contract Term:
End Date:
Item Budgeted: Amount:
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to: A. William Way, The Watershed Company, 750 Sixth Street
South, Kirkland, Washington 98033
Phone: (425) 822-5242
Department of Ecology Grant Program
APPROVED FOR
SUBMITTAL:
City Manager
RECOMMENDATION:
Adopt Resolution approving Amended Agreement.
ATTACHMENTS:
Name:
RESOLUTION Amended Agreement THE WATER COMPANY SMP April 8 2013.docx
El Watershed Contract.pdf
Draft Yakima SMP Scope and Budget - 3 27 13.pdf
Description:
Resolution -Amended Agreement
THE WATER COMPANY SMP
April 8 2013
Watershed Contract
Draft Yakima SMP Scope and
Budget -32713
CITY OF YAKIMA
Shoreline Master Program Update: Support Services
The Watershed Company & BERK
27 March 2013
TRODUTION
The City of Yakima participated in a regional Shoreline Master Program (SMP) update process with
Yakima County that produced an analysis report, a restoration plan, and a cumulative impacts
analysis (CIA). The City chose not to complete the update process with the County and intends to
adapt the County's SMP, and other documents as needed, to prepare a locally based, user-friendly
SMP that meets State SMP Guidelines and the Shoreline Management Ad. The City also desires
minimal support with the SMP local adoption process.
1. This document provides a scope of services and budget for City review and consideration to
accomplish the following:
2. Convert Yakima County's regional SMP to a City -specific SMP in traditional "stand-alone"
format
3. Customize the SMP for City conditions and vision as guided by City and in consultation with
Department of Ecology
4. Prepare an addendum to Yakima County's CIA that addresses modified standards
5. Supplement Yakima County's Restoration Plan with local input
6. Attend public meetings as requested by City staff (e.g., Planning Commission, Council)
7. Prepare a SMP Submittal Checklist
The Watershed Company will serve as the prime consultant in this planning effort supported by BERK.
References to "the Consultant" refer to both the prime firm and subconsultant for this effort.
OP
Task 1. Shoreline Master Program — Format and Develop
The Consultant will work with City staff to develop an SMP outline (such as one similar to North Bend's
or Bothell's). Consultant will then convert the County's SMP into the City -approved format, and fill in
any noted gaps with standard WAC -based language as appropriate.
Task 2. Shoreline Master Program — Customize
Following Task 1, the Consultant will work with City staff to develop a prioritized list of City -specific
customizations to explore (e.g., altered shoreline environment designations and buffers, incorporation of
UGA pre -designation, management/maintenance plan standards, or others). This list will be evaluated
based on degree of benefit to public and staff and the degree of additional analysis (and associated
additional cost) that may be required to develop the customized language and obtain Ecology approval.
City staff will provide final direction to the Consultant to develop and incorporate the customized
language into the SMP.
March 27, 2013 1
An important element of Task 2 is preparation of an updated map of City shoreline jurisdiction and
environment designations. The initial Ecology project officer noted to the Consultant some deficiencies
in shoreline jurisdiction, particularly identification of known associated wetlands or waters (e.g., Myron
Lake, Berglund Lake). The Consultant obtained available GIS layers from the City and Ecology, and
developed updated shoreline jurisdiction and environment designations maps, working with City staff to
identify three new designations (Essential Public Facilities, Shoreline Residential, and High Intensity) and
expand the scope of the map to the Urban Growth Areas. Considerable additional research and GIS
analysis was conducted in support of assessing the appropriate waterbodies and boundaries of shoreline
jurisdiction, including discussions with USBR, Ecology, Yakima-Tieton Irrigation District and others
regarding status of Cowiche Creek and communications with Ecology regarding jurisdictional status of
small gravel ponds and Buchanan Lake.
Development of a City -specific shoreline use and modification matrix is also a critical piece of the City's
local SMP.
Task 3. Cumulative Impacts Analysis (CIA), City -specific Addendum
The Consultant will prepare an addendum to Yakima County's CIA that addresses the changes made to
the SMP per Task 2 above, and provides final justification for a determination of "no net loss of ecological
functions." The Addendum will be developed on the basis of the City Council hearing draft SMP.
Expectation of Ecology is a document no longer than approximately 15-20 pages. The completion of this
task assumes that the CIA addendum will address only those changes to the SMP which may affect
ecological functions, including environment designations, buffers, and relevant uses and modifications.
Task 4. Restoration Plan, City -specific Addendum
The Consultant will supplement the County's Restoration Plan by providing any additional City -specific
projects or programs and preparing an associated funding/implementation table. Ecology indicated that
this could either be prepared as a stand-alone document or could be included in the CIA addendum
under Task 3.
Task 5. Public and Stakeholder Meetings
At the City's request, the Consultant (1 or 2 staff depending on the discussion topics for a given meeting)
may attend Planning Commission, City Council, and stakeholder meetings. For budget purposes, it is
assumed that staff will attend meetings as follows:
Stakeholder meetings: (phone and in-person) with Greenway, WSDOT, State Parks, Central Pre -Mix,
Buchanan Land Trust, Aspen/Willow Lakes Homeowners Associations, Yakama Nation, County Flood
Control District, and the Yakima Wastewater Treatment Plant on February 11, 13, 25 and 26 (9 meetings).
Planning Commission meetings:
• February 13 — Amy Summe and Lisa Grueter
• February 27 — Amy Summe and Lisa Grueter
• March 13 — Amy Summe and Lisa Grueter
• April 10 — Lisa Grueter
• May 16 — Amy Summe
• June 12 — Amy Summe and Lisa Grueter (via conference call)
An additional meeting for two staff (distributed over 1 or 2 meetings per City direction) following June 30
is also planned.
March 27, 2013 2
Budget estimates reflect meeting preparation, travel and attendance time. Meeting preparation for
several of the meetings was quite extensive in order to respond to Staff and Planning Commission
requests for special analyses, and to prepare presentations. The City and Consultant will jointly
determine who should attend any meeting and provide as much notice as possible based on the evolving
schedule.
Task 6. Submittal Checklist
The Consultant will prepare the elements of the SMP Submittal Checklist regarding SMP Contents,
Inventory, Analysis, and Restoration Plan. The City will need to complete the elements related to public
involvement, communication and coordination.
PROPOSED BUDGET
Based on the tasks defined above, the Consultant proposes the following budget.
BERK
2012 Hourly Rate
The Watershed Company
Grueter I Summe I Sandstrom
GIS
$157 $140 $95 $90
Task 1: Shoreline Master Program - Format and Develop
Up to June 30
Task 2: Shoreline Master Program - Customize
20
36
Total Hours and
Estimated Cost
$8,175
Revisions up to June 30
Revisions postJune30
36 36
6 8
48 $15,004
3 $2,331
$17,334
Task 3: Cumulative Impacts Analysis, City -specific Addendum
Work up to June 30
Work post June 30
10 10 24 12 $6,328
1
3 $425
Task 4: Restoration Plan, City -specific Addendum
Up to June 30
Task 5: Public Meetings
$6,753
2
8 $1,040
Stakeholder Meetings 8 10
Planning Commission meetings up to June 30 38 38
Preparation of presentations, special memos, other support 12 12
Meetings post June 30 6 6
16
$2,654
$11,277
$5,001
$1,781
$20,713
Task 6: Submittal Checklist
Post June 30
2
8 $1,434
Total Estimated Hours
Cost (Hours*Rate)
138 167 35 79
$21,634 $23,380
Subtotal Consultant Cost $55,449
Project Expenses @ -1% of project budget $550
Estimated Project Total $55,999
$3,325 $7,110
419
$55,449
Add'I Meetings: Amy Summe, $980/meeting
Lisa Grueter, $1099/meeting
GENERAL ASSUMPTIONS
• The City will provide all adopted or approved background documents electronically or in hard copy.
The County's SMP will be provided in Word. Ecology or the City will provide a Word version of the
County's submittal checklist. As requested by the Consultant, the City will provide any other
available GIS files.
March 27, 2013
3
• Document -related tasks include one round of revision each per City staff, City appointeds/electeds,
and Ecology. Additional rounds of revision can be conducted at the above billing rates under
separate contract or on a time -and -materials basis.
• Time may be transferred from one task to another due to greater or lesser level of effort, provided
that each task shall be completed and the total budget shall not be exceeded.
• The Consultant will provide entire document(s), where applicable, in the native, Microsoft Windows -
compatible formats used to create the document (i.e., MS Word, Excel etc.).
• The City is responsible for document reproduction and distribution of all review and final drafts.
• All Consultant deliverables will be limited to electronic file transfers.
• The City is responsible for meeting advertisements, room reservations, and other similar logistics.
TEAM CONTACT INFORMATION
Amy Summe, Environment Planner
(425) 822-5242, asumme@watershedco.com
THE
WATERSHED
COMPANY
750 Sixth Street South
Kirkland . WA 98033
Lisa Grueter, AICP, Community Planner
(206) 493-2367, lisa@berkconsulting.com
10 11 BERK
STRATEGY ANALYSIS COMMUNICATIONS
2025 First Avenue, Suite 800
Seattle WA 98121
www.watershedco.com www.berkconsulting.com
March 27, 2013 4
SECOND AMENDED PROFESSIONAL SERVICES AGREEMENT
Shoreline Master Program Update: Support Services
THE WATERSHED COMPANY
THIS SECOND AMENDED PROFESSIONAL SERVICES AGREEMENT,
hereinafter an "Agreement," is made and entered into by and between the City of
Yakima, a Washington State municipal corporation (hereinafter the "City"), and The
Watershed Company (hereinafter "Consultant").
I. Recitals
A. City is a municipal corporation of the State of Washington, with City Hall
located at 129 North 2nd Street, Yakima, Washington 98901.
B. Consultant is a corporation duly organized and existing under the laws of
the State of Washington, with corporate offices at 750 Sixth Street South, Kirkland,
Washington 98033.
C. City has participated in a regional Shoreline Master Program (SMP)
update process with Yakima County. This process produced an analysis report, a
restoration plan and a cumulative impacts analysis. City elected not to complete the
update process with Yakima County, but intends to adapt the County's SMP and other
documents as needed, to prepare a locally based, user-friendly SMP that meets
applicable guidelines in compliance with the Shoreline Management Act. City also
desires incidental support with the SMP local adoption process.
D. City solicited proposals from qualified professional service providers to
provide the needed services. The proposal submitted by Consultant was the best
responsive proposal submitted by a qualified proponent.
E. City had been awarded grant funding in the amount of $20,000 from the
Washington State Department of Ecology ("Ecology") for the payment of services. Such
funding was sufficient to provide compensation for performance of Tasks 1 through 4 of
the originally intended scope of work (Tasks 1 through 6). Consultant and City entered
into an Agreement for the provision of professional services to accomplish Tasks 1
through 4 of the original scope of work, with the understanding that, if additional grant
funding became available through Ecology, such Agreement would be amended to
provide for the performance and compensation of the full scope of work.
F. The parties were informed that Ecology agreed to provide total grant
funding for the full scope of services up to $64,000 during the 2012 thru 2013 grant
cycle, and the parties entered into an Amended Agreement dated May 9, 2013
providing for the performance and funding of the original full scope of services ("First
Amended Agreement").
G. Due to uncertainty over the development of Shoreline regulations for
Cowiche Creek, the City Planning Division reserved $2,000.00 from the 2013/14 grant
Page 1 of 5
cycle which was not included in the Consultant's amended contract. These funds were
only to be utilized thru an additional contract amendment should Ecology require the
City to include Cowiche Creek in Shoreline jurisdiction, and the Consultant's work
exceed the May 9, 2013, amended agreement.
H. On September 17, 2013, Ecology notified the City that Cowiche Creek
was required to be included in Shoreline jurisdiction requiring additional Consultant work
in excess of the May 9, 2013 agreement, thereby leaving insufficient Consultant funding
to complete the final task (Task 6 Ecology Submittal Checklist).
I. The parties desire to enter into this Second Amended Agreement to
provide for additional compensation in the amount of up to $2,000.00 to Consultant for
additional work related to increased scope of work necessary for the completion of Task
6 "Ecology Submittal Checklist" as described herein and below.
II. Agreement
WHEREFORE, in consideration of the mutual covenants, conditions, promises, and
agreements set forth herein, it is agreed by and between the City and the Consultant as
follows:
1. Scope of Work. The Consultant shall provide Shoreline Master Program update
support services, staff, any and all specialized equipment, and otherwise do all things
necessary for or incidental to the performance of the following work:
Perform those tasks and goals identified and described in the Introduction and
Scope of Consultant's Proposal, entitled "Shoreline Master Program Update:
Support Services," dated March 27, 2013 (hereinafter "Proposal"), a copy of
which is attached hereto as Exhibit "A" and incorporated herein by this reference.
In performing such services, Consultant may retain and use qualified
subcontractors as deemed necessary and appropriate, all as set forth in the
Proposal. Notwithstanding this provision, Consultant shall remain solely
responsible for the full performance of the scope of services set forth in the
Proposal.
In accordance with the "General Assumptions" set forth in the Proposal, City will
provide all adopted or approved background documents electronically or in hard
copy. Yakima County's SMP will be provided in Word format. Ecology of City
will provide a Word format version of Yakima County's submittal checklist. As
requested by Consultant, City will provide any other applicable GIS files as
available. All other items in the General Assumptions shall be deemed included
in the Scope of Work.
2. Compensation. Subject to the contingency provision set forth below, the City
shall compensate Consultant up to $55,999.00 plus up to $2,000.00 additional
compensation necessary for completion of expanded Task 6 "Ecology Submittal
Page 2 of 5
Checklist", for total compensation of $57,999.00, at the designated hourly rate set forth
in the Proposal, together with designated project expenses, for Task 1 ("Shoreline
Master Program — Format and Develop") through Task 6 ("Submittal Checklist").
The First Amended Agreement contained the following contingency provision under
Section 2 "Compensation":
Contingency: The parties understand that funding for payment of compensation
under this Agreement is derived through grant funds administered by the
Washington State Department of Ecology ("Ecology"). City has been granted
$64,000 in grant funding for the state annual budget cycle, which current budget
cycle expires in June 2013. Thereafter additional grant funding in the amount of
$6,000 has been represented by Ecology as becoming available to City to fund
SMP update activities. The parties understand that any future funding or support
services beyond June 30, 2013 (for portions of Tasks 2, 3 and 5 and all of Tasks
4 and 6) are subject to Ecology funding of fiscal year 2014, and shall not be
authorized until written approval of the City of Yakima Community Development
Director is received.
The parties agree and understand that such contingency has been satisfied and
superseded by this Second Amended Agreement. As set forth above for performance
of Task 1 through Task 6, total compensation to Consultant under this Agreement shall
not exceed $57,999.00. The City shall make payment to Consultant within thirty (30)
calendar days upon receipt of invoice. All payments are expressly conditioned upon
Consultant providing services hereunder satisfactory to the City.
3. Term of Agreement. The term of this Agreement shall commence upon full
execution by all parties and shall terminate upon full performance of Consultant's
service hereunder and City's payment of compensation. This Agreement may be
terminated by either party in accordance with Section 13 of this Agreement.
4. Status of Consultant. The Consultant and the City understand and expressly
agree that Consultant is an independent contractor in the performance of each and
every part of this Agreement. The Consultant, as an independent contractor, assumes
the entire responsibility for carrying out and accomplishing the services required under
this Agreement free from supervision by the City over the methods and details of
performance except as provided herein. Additionally, and as an independent
contractor, Consultant and its employees and subcontractors shall make no claim
against the City for employment benefits, social security, and/or retirement benefits.
Nothing contained herein shall be interpreted as creating a relationship of servant,
employee, partnership or agency between Consultant or any officer, employee or agent
of Consultant and the City.
5. Taxes and Assessments. Consultant shall be solely responsible for
compensating its employees and subcontractors and for paying all related taxes,
deductions, and assessments, including but not limited to, federal income tax, FICA,
social security tax, assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed against either party
Page 3 of 5
as a result of this Agreement. In the event the City is assessed a tax or assessment as
a result of this Agreement, Consultant shall pay the same before it becomes due.
6. Non -Discrimination. During the performance of this Agreement, Consultant
shall not discriminate in violation of any applicable federal, state and/or local law or
regulation on the basis of race, color, sex, religion, national origin, creed, marital status,
political affiliation, or the presence of any sensory, mental or physical handicap. 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.
7. Compliance With Law. Consultant agrees to perform all services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules,
and regulations adopted or promulgated by any governmental agency or regulatory
body, whether federal, state, local, or otherwise.
8. No Conflict of Interest. Consultant represents that he and/or his employees do
not have any interest and shall not hereafter acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of this Agreement.
9. No Insurance provided by City. It is understood the City does not maintain
liability insurance for Consultant and/or his employees.
10. Assignment. This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by the Consultant to any other person
or entity without the prior written consent of the City. In the event that such prior written
consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of Consultant as stated herein.
11. Integration. This written document constitutes the entire agreement between
the parties. No changes or additions to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and executed by both parties.
12. Non -Waiver. The waiver by Consultant or the City of the breach of any provision
of this Agreement by the other party shall not operate or be construed as a waiver of
any subsequent breach by either party or prevent either party thereafter enforcing any
such provision.
13. Termination. The Consultant or the City may terminate this Agreement, with or
without cause, by giving the other party at least ten (10) days advance written notice of
termination. In the event of such termination, the Consultant shall be compensated in
accordance with Section 2 of this Agreement for performance rendered (with designated
expense) up to the termination date.
14. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
agreement and shall be binding on the parties to this Agreement.
Page 4 of 5
15. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent or hand delivered to the parties at their addresses as follows:
To City:
To Consultant:
Tony O'Rourke
City Manager
City of Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
A. William Way
President
The Watershed Company
750 Sixth Street South
Kirkland, Washington 98033
or to such addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
16. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
17. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
18. Effective Date.
This Agreement shall be effective as and from the date
signed by the last sign.
CITY • YAKIM
urk , City Manager
Date: t O
ATTEST:
Sonya C
ar Tee, C
CONS ANT
By:
Date: /04
%a
JD
CITY CONTRACT NO.12,0/,?— — £2S
Jew n.9-0 i3- o s -s -
Page 5 of 5
DEPARTMENT OF
ECOLOGY
State of Washington
Amendment 3 to SMA Grant G1200051
between the
State of Washington Department of Ecology and the
CITY OF YAKIMA
Project: Comprehensive Shoreline Master Program Update
The purpose of this amendment is to reduce the grant by the unspent FY13 funds of $255.76 and to award Year 3 - FY14 funds of $6,000.
C�
The Total Project Budget is changed from $70,000 to $69,744.24 - in accordance with the following matrix: Agreement Start Date: 7/1/2011
Years 1 & 2 - FY12 & FY13 budget is changed from $70,000 to $69,744 24, Amd 1 budget shift to actual expenditures tcAgreement End Date: 6/30/2014
Year 3 -FY 14 is $6,000, Amd 3.
Effective Date of Amendment:
July 1, 2013
budget
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-
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Revised_ ..
�.,� �. g
- Total Pioe
�u-
A. Project Coordination
$ 1,000 00
-
$ 1,000 00
$ 1,000.00
$
$ 1 000 OOY,
$ -t$_
1 000 00
B Contracted Services
$ -
$ -
$ -
$ -
,_ } :
-
C Implement Public Participation Plan
$ 1,613 61
$ -
$ 1,613 61
$ 1,613 61
$ -
$ -,,, ,613.6;1-
$ -
$'" 1`,,613 61_',
Phased Work:
$ -
,,
1. Pre Assmt./Pub Participation Plan
-
-
-
-
-
•
-
--
2 Shoreline Inv , Analysis & Characterization
$ 3,795 45
$ -
$ 3,795 45
$ 3,795 45
$ -
$ 3 795•
$ -
$ "` 379545
3 Complete Draft SMP and Cum. Imp Analysis
$ 52,755 45
$ -
$ 52,755.45
$ 52,755 45
$ (255 76)
$ ''' . =.52,499.69:
$ -
:$R;:4 A 52 499.69.
4. Restoration Planning / Revisit Ph 3
$ 4,835 49
$ 2,756.00
$ 7,591 49
$ 4,835.49
$ -
`$ r 4 835.49".
$ 2,756 00
p$ 7.591 49'
5 Local Adoption Process
$ -
$ 3,244 00
$ 3,244 00
$ -$
-�$
-
$ 3,244 00
.,
; .Total
$ 64,000.00
$ 6,000.00
$ 70,000.00
$ 64,000.00
$ (255.76)
'°$3 744.24.
$ 6,000.00
1 '69 744 24
Except as expressly provided by this amendment, all other terms and conditions of the original agreement including any amendments, remain in full force and effect.
The parties sign this grant amendment:
Washington State,
Department of Ecology
Gordon White, Program Manager Date
Shorelands and Environmental Assistance
Approved as to form by
The Assistant Attorney General
City •f
Ya
Print Nam
1
ck
Title of A
f Authorized Official
horized Official
Date
CITY CONTRAC r NO+2013
RESOLUTION NO:/`20/3 —49 53
Memorandum
To: City Manager, Tony 0' Roark
From: Community Development Manager, Steve Osguthorpe, AICP &
Supervising Planner, Jeff Peters
Date: 10/21/2013
Re: Update regarding amended contract with Watershed Company and Shoreline Master
Program Update
1. In December of 2012 the City of Yakima received a grant from the Washington State
Department of Ecology in the amount of $20,000 to update its 1974 Shorelines Master
Program in accordance with state guidelines.
2. On January 9, 2013, the City of Yakima and The Watershed Company of Kirkland
Washington entered into a professional services agreement in the amount of $20,000 for
services to accomplish a limited scope Shorelines Master Program Update.
3. Following approval of the City's original professional services agreement the Washington
State Department of Ecology informed the City of Yakima that additional funding up to the
total of $64,000 would be granted for the 2012 — 2013 funding cycle, with an additional
$6,000 available in 2014
4. On May 7, 2013, the City of Yakima amended its grant with Ecology to a total of $70,000,
and amended its contract with the Watershed Company to revise the scope of work to
include a more detailed analysis of City's shoreline setbacks and environment designations.
The contract amount with the Watershed was then increased to $55,999.00 The contract
amount with The Watershed Company was purposely set at a lower amount to both account
for funds that the City Planning Department had already expended during the initial process
of gathering shoreline materials, and more importantly setup a contingency fund ($2,000)
that could be drawn from in the event that parts of the Shoreline Master Program were
challenged needing additional work.
5 During the Planning Commission public hearing the Yakama Nation challenged the City's
and Ecology's call to exclude Cowiche Creek from shoreline jurisdiction, and on September
17, 2013, Ecology formally reversed their opinion regarding the creek requiring the City to
include it in shoreline jurisdiction.
6. Due to the additional work necessary to include Cowiche Creek in shoreline jurisdiction, the
City Planning Division and its consultant have expended the amended contract in the
amount of $55,999 00, and request that the City Manager execute a second amendment to
the consultant's contract (attached) in the amount of $2,000 00 Execution of the contract
amendment will provide the City of Yakima Planning Division the necessary consultant
support to complete the final Ecology submittal and review process of the Shoreline Master
Program Update.
1