042-20 - Cascadia Consulting Group, Inc. - ContractCITY OF PORT ORCHARD PERSONAL SERVICES AGREEMENT
Ccrrhran* ruO' 6tte- zo
THIS Agreement is made effective as of the Lday of
City of Port Orchard, a municipal corporation, organized under
whose address is:
#mi!!rt"and between the
of Washington,
CITY OF PORT ORCHARD, WASHINGTON (hereinafterthe *CITY')
216 Prospect Street
Port Orchard, Washington 98366
Contact: MayorRobertPutaansuu Phone: 360.876.4407 Fax: 360.895.9029
and Cut"udiu Con.ulti a corporation, organized under the laws of the State of
Washington, doing business at:
Cascadia Consulting Group, Inc.(hereinafter the "CONSULTANT')
I 109 lst Avenue
Suite 400
Seattle, WA 98101
Contact: Christy Shelton Phone: (206) 449-1107 Fax: (206) 343-9819
for personal services in connection with the following Project:
Shoreline Master Program Update Support
TERMS AND CONDITIONS
1. Services by Consultant.
A. The Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit rt A .'r The services performed by the Consultant shall not exceed the Scope of
Work without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by
the parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit u_ 4_:'and the terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed
City of Port Orchard and Cagcg(ia Consuhing Group, Inc.
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3. Terms. This Agreement shall commence on April l,2020 ("Commencement Date")
and shall terminate August 31,2020 unless extended or terminated in writing as
provided herein. The City reserves the right to offer two (2) one-year extensions prior to
contract expiration to retain the selected company's services.
Compensation.
LUMP SUM. Compensation for these services shall be a Lump Sum of$
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $ 19,500.00 without written authorization and will be based on the list of billing rates
and reimbursable expenses attached hereto as Exhibit "_j_."
TIME AND MATERIALS. Compensation for these services shall be on a time and materials
basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
!OTHER.
5. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the
City for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirfy (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notiff the Consultant of the
same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in
dispute, and the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement
available for inspection by City representatives for three (3) years after final payment unless a longer
period is required by a third-party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall
comply with all federal and state laws applicable to independent contractors, including, but not limited to,
the maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an
employer-employee relationship between the parties, which is subject to Title 5l RCW, Industrial
Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant
will correct or modifu the work to comply with the Agreement. The City may withhold payment for such
work until the work meets the requirements of the Agreement.
City of Port Orchard and Cascadia Consulting Group, Ittc.
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6. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the perforrnance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant's business, equipment and personnel engaged in operations covered by this Agreement or
accruing out ofthe performance ofsuch operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds
for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may
result in ineligibility for further work for the City.
7. Relationship of Parties. The parties intend that an independent contractor-client relationship
will be created by this Agreement. As the Consultant is customarily engaged in an independently
established trade which encompasses the specific service provided to the City hereunder, no agent,
employee, representative or sub-consultant of the Consultant shall be or shall be deemed to be the
employee, agent, representative or sub-consultant of the City. In the performance of the work, the
Consultant is an independent contractor with the ability to control and direct the performance and details
of the work, the City being interested only in the results obtained under this Agreement. None of the
benefits provided by the City to its employees, including but not limited to compensation, insurance, and
unemployment insurance, are available from the City to the employees, agents, representatives or sub-
consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for
the acts of its agents, employees, representatives and sub-consultants during the performance of this
Agreement. The City may, during the term of this Agreement, engage other independent contractors to
perform the same or similar work that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time
for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for
the benefi t of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
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C. Rights Upon Termination.
L With or Wthout Cause. Upon termination for any reason, all finished or
unfinished documents, reports, or other material or work of the Consultant pursuant to this
Agreement shall be submitted to the City, and the Consultant shall be entitled to just and
equitable compensation for any satisfactory work completed prior to the date of termination, not
to exceed the total compensation set forth herein. The Consultant shall not be entitled to any
reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to
anticipated profit on work not performed because of such termination. The Consultant shall use
its best efforts to minimize the compensation payable under this Agreement in the event of such
termination. Upon termination, the City may take over the work and prosecute the same to
completion, by contract or otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any
extra expenses incurred by the City in completing the work, including all increased costs for
completing the work, and all damage sustained, or which may be sustained, by the City by reason
ofsuch default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person,
termination shall be effective immediately upon the Consultant's receipt of the City's written notice or
such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be
given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall
indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the
address set forth in Section 15 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited
and licensed by all applicable agencies and governmental entities. Services provided by the Consultant
under this Agreement will be performed in a manner consistent with that degree of care and skill
ordinarily exercised by members of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the
Consultant pursuant to this Agreement shall be submitted to City. Any reuse or modification of such
documents, reports or other material or work of the Consultant for purposes other than those intended by
the Consultant in its scope of services under this Agreement shall be at the City's risk.
City of Port Orchard and Ca;cadi-a Consulting Group, Inc.
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B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant's possession or known to it, or is
rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its
disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to
the extent required by law, subpoena or other court order.
11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub-consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at
the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
12. Indemnification. The Consultant shall defend, indemniff and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attomeys' fees, arising out of or resulting from the negligent acts, errors
or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused
by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMLTNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
Automobile Liabilitv insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00
01 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
City of Port Orchard and Cqcadia Consulting Group. [nc.
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2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 0l or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named by endorsement as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liabilitv insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
l. Automobile Liabilitv insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$ 1,000,000 each occurrence, $2,000,000 general aggregate.
3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease -
Policy Limit $1,000,000.
4. Professional Liabilitv insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions tbr
Automobile Liability, Professional Liability and Commercial General Liability insurance:
The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either parry, except after thirty (30) days prior written notice by certified
mail, retum receipt requested, has been given to the City.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool
coverage maintained by the City.
City of Port Orchard and CascaQiq Consulting Group, Inc.
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4. If any coverage is written on a "claims made" basis, then a minimum of a three (3)
year extended reporting period shall be included with the claims made policy, and
proof of this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
The Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or
encumber any rights, duties, or interests accruing from this Agreement without the express prior written
consent of the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the
City shall be in writing and delivered to the parties at the following addresses:
CONSULTANT
Cascadia Consulting Group, Inc.
Attn: Christv Shelton
I 109 I st Avenue, Suite 400
Phone: 360.876.4407
Fax: 360.895.9029
Seattle, WA 98101
Phone: eo6\ 449-llo7
Fax: (206)343-9819
16. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency ofthe performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable
attorneys' fees from the other party.
City of Port Orchard and Cascqd-ia Consulting Group, Inc.
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Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
17. General Provisions.
A. Non-waiver of Breaqh, The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein iontained in one or
more instances, slrall not be construed to be a waiver or relinquishment of said covenants, agreements, or
optionsn and the same shatl be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and the Consultant.
C. Severabilitv. The provisions of this Agreement are dcclared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be irrvalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validiry or constitutionality of
any other provision.
D. EJttire As,rcertent. The written provisions of tlris Agreement, together with any Exhibits
attached heteto, shall supersede all prior verbal staternents of any officer or other representative of the
City. and such statements shall not be effective or be construed as entering into or forming a part of or
altering in any manner wlratsoever, the Agreement or the Agreement documents. The entire agrecm€nt
between the parties with respect to the subject matter hereunder is contained in this Agreement and the
Exhibits attached hereto, wlrich rnay or may not have been datcd prior to the exccution of this Agreement.
All of the above documents are hereby made a part of this Agreement and form the Agreement document
as fully as if the same were set forlh herein. Should any language in any of the Exhibits to this
Agrcement conflict with any language contained in this Agreement, then this Agreement shall prevail.
IN WITNESS WHEREOF, the parties have execuled this Agrecment on the day and year set
forth above.
CITY OF POR'I ORCHARD,CONSTJI-TANT
WAS
N$By
Robert ayor
Al"nisT/AU't't-.t CATE:
By:
llincarson, MMC
City Clerk
APPROVDD AS.fO FpRM:
By
€harl ottc Arclrer. City A
By
Name: Christy Shelton
Title : Principal
('it|' of l'ort ()rc'hartl nnl ('ttsttuliu ('r'nsultittg Group, hn.
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EXHIBITA
SCOPE OF WORK
Gity of Port Orchard Shoreline Master Program UpdateSupport
Project Baclground and Purpose
To better understand the sea level rise risks to its downtown core, the City of Port Orchard (the
Owner, via Keri Sallee) and Cascadia Consulting Group, lnc. (prime contractor, via Christy Shelton),
requested that Herrera Environmental Consultants, lnc. (Herrera) evaluate sea level rise risks to
the area and support updates to the City's Shoreline Master Program.
The tasks below are expected to lead to the production of the addendum to the City's Best
Available Science document that addresses sea level rise risks to Port Orchard's downtown core.
The budget estimate for this scope of services includes project, task, and contract management
responsibilities (including communication with the City project manager, progress reports,
invoicing, schedule, and budget tracking); technicaland editorial quality assurance; and quality
control. The primary deliverable that will be completed is described below under Task 2. The
timeline assumes a start date of AprilL,2020.
Work Tasks & Deliverables
Task 1. Kick-off Meeting Background lnformation Review, Project Mgmt. (April)
Herrera and Cascadia will participate in a kick-off meeting by phone with the City. Herrera will
review information pertainingtothe downtown core, including but not limited to:
. City of Port Orchard Best Available Science document
o ExistinB Shoreline Master Program
o Available historicalaerial photographs and maps
o ExistinB LIDAR
o 2OL6 General Sewer Plan Update (and associated GIS files)
The budget estimate for this task includes project and contract management responsibilities,
including communication with the City project manager, progress reports, invoicing, schedule,
and budget tracking.
Assumptions
o The City will transmit to Herrera any documents and data relevant to sea level rise
(e.g., survey) and existing shoreline management practices in the City.
Coscodia Consulting Group, lnc.
P rofessi o n al Se ru i ce Ag reeme nt
t Morch 2020
contradt0ljL2: (A
Task 2. Addendum to the City's Best Available Science Docum erfi (April-June)
Herrera will use the 2018 Washington Sea Level Rise Projections put forth by Washington Sea
Grant as the primary guide to determining sea level rise risks to the community. The guidance is
probabilistic and flexible in nature. Therefore it is recommended that the City, Cascadia, and
Herrera meet to establish what greenhouse gas emissions scenarios and time horizons will be used
and discussed for each different environment designation within the City as well as if further
revised designations or subdivisions are proposed and/or planned. Herrera willthen summarize
its findings in writing as well as provide maps of the risks to each shoreline planning unit in the
City, per the agreed upon greenhouse gas emissions scenarios and time horizons.
This work will include one meeting in Port Orchard with City staff, Herrera, and Cascadia to
determ ine how best to a pply the 2018 Washington guida nce. This meeting will a lso serve to
familiarize the projectteam with the area in question. The projectwillalso include one meeting
in Port Orchard with the City Council meeting and/or Planning Commission to support City staff.
The budget estimate for this task includes technical and editorial quality assurance and quality
control.
Assumptions
o Other coastal hazards (tsunamis, landslides, etc.)will not be included in the addendum.
o A modest amount of effort will go to researching and providing updates on primary sea
level rise research since the 2018 guidance was published.
o This is a desktop exercise. On-site reconnaissance of particular parcels will not be required.
o The review process will include one round of review and comment from both Cascadia (for
integration with the countywide Resiliency Assessment report) and the City.
Deliverable
o Draft, revised draft, and final addendum to the City of Port Orchard Best Available Science
document.
Estimated Total Cost and Timeline
Cascadia and Herrera will complete the work of Tasks 1 and 2 for a cost not to exceed Stg,SO0
without prior written authorization. The work is expected to begin by April L,2020, and be
completed over approximatelythree months, bythe summer of 2O2O.
Coscodia Consulting Group, lnc.
P rofess i o n ol Se rv i ce A g reem e n t
2 Morch 2020
contro**dt2- Zt:
EXHIBIT B
BUDGET
Port Orchard SMP Update Cascadia Herrera Environmental
Team Member Christy
Shelton
Mark
Ewbank
Jeff
Parsons
Gretchen
Kayser
Pam
Jackowich
Amount
Billine Rate Szro Szto S230 Srgo Srzg
Task
1
Kick-off Meeting Background
lnformation Review, Proiect Msfirt 8 0 6 8 0 S4rag
2 Addendum to the Cit/s Best
Available Science Document
8 4 40 20 4 Sts,ttz
SUBTOTAL (hours)L6 4 46 28 4
Travel and proiect expenses Sreo
TOTAT S19,5oo
Coscodio Consulting Group, lnc.
P rofessi o n al Se N ice Ag reeme nt
3 Morch 2020
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