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Fourth Supplemental Agreement with Kramer Consulting-Partners BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON APPROVAL OF A FOURTH SUPPLEMENTAL AGREEMENT ) RESOLUTION NO. 18- 0)61 BETWEEN KRAMER CONSULTING-PARTNERS AND LEWIS COUNTY WHEREAS, Kramer Consulting has an existing personal services agreement with Lewis County, acting as the fiscal agent for the Chehalis River Basin Flood Authority(Flood Authority),for consulting and other administrative services in support of the Flood Authority;and WHEREAS,the Flood Authority discussed and approved a Third Supplemental contract amendment during their June 15,2017 meeting and recommended the County prepare and execute the Third Supplement(Res 17491), prior to passage of the state capital budget; and WHEREAS,failure by the state to pass a capital budget resulted in a shortfall of funding;therefore the amount and performance period approved in Resolution 17-191 are reduced to$5,024.00 and February 28, 2018 respectively; and WHEREAS,the Fourth Supplement to a PSA between Lewis County and Kramer Consulting must be approved by the Board of County Commissioners(BOCC)and the Director of Community Development must be authorized to sign said agreement on behalf of the County;and WHEREAS,the BOCC has reviewed the attached Fourth Supplement to a PSA with Kramer Consulting and it appears to be in the best interest to enter into said agreement upon the recommendation of the Flood Authority. NOW THEREFORE BE IT RESOLVED that the BOCC concurs with the recommendation of the Flood Authority, and approves the attached Fourth Supplement to a PSA between Kramer Consulting and Lewis County, acting as the fiscal agent for the Flood Authority. All other terms of the existing PSA, as well as supplemental agreements,except where noted above, remain in full force and effect. BE IT FURTHER RESOLVED that the BOCC authorizes the Director of Community Development to sign the Fourth Supplemental Agreement with Kramer Consulting on behalf of the County,acting as the fiscal agency for the Flood Authority. /� DONE IN OPEN SESSION this gPij day of 2018. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jon an Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON +S."If By:Civil Deputy Prosecuting Attorney Ed : J. Fund, Chair , ouN , ATTEST:::44, �0ARD a,-is,•• Robert C.Jackson,Vice Chair• • i� SINCE I a; // Rieva Lester,Clerk of the Boar . 145 ;o Gary Stamper, Corn issioner • e°70,„ ,;;"silsto FOURTH SUPPLEMENT TO PERSONAL SERVICES AGREEMENT BETWEEN LEWIS COUNTY, ACTING AS THE FISCAL AGENT FOR THE CHEHALIS RIVER BASIN FLOOD AUTHORITY, AND KRAMER CONSULTING THIS FOURTH SUPPLEMENTAL AGREEMENT is made and entered into by and between LEWIS COUNTY, WASHINGTON, herein referred to as "County", acting as the fiscal agent for the Chehalis River Basin Flood Authority ("Flood Authority"), and Jim Kramer of Kramer Consulting (6539 57th Avenue, Seattle, WA 98118), herein referred to as "Contractor" (together referred to as "Parties"). IT IS THE PURPOSE OF THIS AGREEMENT to amend the Parties' Agreement for consulting and coordination services, as executed on July 30, 2017 and subsequently amended by Supplemental Agreements (hereinafter referred to as the "Existing Agreement"). CONTRACTOR acknowledges and by signing agrees to the amendments to the Existing Agreement set forth in this Supplemental Agreement. agrees that they have been mutually negotiated, and further agrees that all of the terms of the Existing Agreement not amended or modified by this Supplemental Agreement are and shall remain in full effect THEREFORE, IT IS MUTUALLY AGREED THAT this Fourth Supplemental Agreement amends the Existing Agreement, including but not limited to the specific tasks and costs as set forth below. Section 1. Statement of Work CONTRACTOR shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for, or incidental to, the performance of the work set forth in the Fourth Amended Scope of Work, attached hereto as "Attachment A" and incorporated herein by this reference. Section 2. Period of Performance Subject to its other provisions, shall commence on July 1, 2017 and be completed by February 28, 2018 as agreed and shown in the attached Fourth Supplemental Scope of Work, "Attachment A." but may be modified or extended by mutual agreement in accordance with the amendment provisions of the Existing Agreement. Note: The period of performance of this Agreement reduces and clarifies the period of performance described in the Third Supplement. Section 3. Payment Compensation for the work provided in accordance with this Fourth Supplemental Agreement shall be as set forth in "Attachment A" (Fourth Supplement Scope of Work). Expenses incurred from July 1, 2017 through and February 28, 2018, shall not exceed Five Thousand and Twenty- four Dollars ($5,024.00) without written prior approval of the County and authorization by the Flood Authority. Note: The payment amount of this Agreement reduces and clarifies the amount described in the Third Supplement. Kramer Consulting Fourth Supplemental PSA Page 1 of 3 Future Non-Allocation of Funds: If sufficient funds are not appropriated or allocated for payment under this contract for any future fiscal period, the County, acting as the fiscal agent for the Flood Authority, will not be obligated to make payments for services or expenses incurred after the end of the current calendar year. No penalty or expense shall accrue to the County in the event this provision applies. This Fourth Supplemental Agreement and statement of work, period of performance and compensation constitutes a Fourth supplement to the Parties' Existing Agreement and supplements and amends the scope of work, period of performance and compensation, with such additional provisions agreed upon by the parties for good and sufficient consideration, the receipt of which is hereby acknowledged. I ITNESS WkI EREOF, the parties have executed this Fourth Supplemental Agreement this day of JCA,MACLV , 2018. County Contract Manager Contractor Program Manager Lee Napier, Director of Community Jim Kramer Development 6539 57m Avenue South 2025 NE Kresky Ave. Seattle, WA 98118 Chehalis, WA 98532 (360) 740-2606 LEWIS OUNTY Kramer onsul 'ng By. CQ.A By: Lee Napier % .im Kramer Title: D\V LJ c77 itle. i to y Ie.,( Date:_ 1 �S Date: r /02 i( F Kramer Consulting Fourth Supplemental PSA Page 2 of 3 ATTACHMENT A FOURTH SUPPLEMENTAL PERSONAL SERVICES AGREEMENT AND SCOPE OF WORK Between LEWIS COUNTY and Kramer Consulting Kramer Consulting will be the lead point of contact for decisions and decision-making by the Authority,facilitator of Executive Committee and Flood Authority meetings,and responsible for overall staffing interface with the Chehalis River Basin Flood Authority.In addition,Kramer Consulting will perform the following tasks: Facilitate Executive Committee and Flood Authority Meetings-- • Recommend agenda topics to Chair and Vice Chair for Flood Authority meetings. • Ensure materials sufficient for agenda topics. • Brief Executive Committee and Flood Authority members in advance of meetings and after meetings when appropriate. • Facilitate Executive Committee and Flood Authority meetings. • Review meeting notes for accuracy. Oversee Staff Assignments and Work Products-- • Ensure the work program is consistent with the direction of the Authority. • Ensure staff assignments are clear. • Review staff products to ensure they achieve desired objectives. Communication with Outside Interests-- • Inform the Governor's Office and Office of Financial Management of the Flood Authority's work when appropriate. • Provide input to the Governor's Chehalis Basin Work Group regarding the implementation of the framework and facilitate development of recommendations regarding future capital projects and aquatic species enhancement. • Support communication with the Cluinault Indian Nation. • Support communication with the Chehalis Tribe. • Respond to inquiries from legislative and congressional staff. Time and Expense-- • Not to exceed $5,024.00 • Hourly-rate=s3.85/hr. Kramer Consulting Fourth Supplemental PSA Page 3 of 3 4. BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Jan 22, 2018 Suggested Wording for Agenda Item: Agenda Type: Consent Approval of a fourth supplemental agreement.between Kramer Consulting and Lewis County Contact Lee Napier Phone: x2606 Department: Community Development Action Needed: Approve Resolution Description Approval of a fourth supplemental agreement between Lewis County, acting as the fiscal agent for the Flood Authority, and Kramer Consulting for services in support of the Flood Authority, and authorization for the Director of Community Development to sign the same on behalf of the County. Contracts and supplemental agreements on behalf of the Flood Authority must be approved by the Board of County Commissioners (BOCC), acting as the fiscal agent to the Flood Authority. The BOCC should also consider authorizing the Director of Community Development to sign the same on behalf of the County. This resolution will reduce and clarify items established in the third supplemental. Items to clarify include: reducing the budget from $72,000 to $5,024.00 and the performance period end date of June 30, 2019 to February 28, 2018. Approvals: User Group Status Gowing, Graham Pending Butler, Becky Pending Lester, Rieva Pending Smith, Suzette Pending Eisenberg, Eric Pending Additional Copies Graham Gowing, Lee Napier, Becky Butler, Suzette Smith