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sixth supplemental agreement with SBGH-Partners, LLC BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON APPROVAL OF A SIXTH SUPPLEMENTAL AGREEMENT ) RESOLUTION NO.18- 030 BETWEEN SBGH-PARTNERS, LLC AND LEWIS COUNTY ) WHEREAS,SBGH-Partners, LLC(SBGH) 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 Fifth Supplement contract amendment (amount not to exceed$173,000) during their June 15,2017 meeting and recommended the County prepare and execute the Fifth Supplement (Res 17-190); prior to the 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 17-190 are now$57,600.00 and February 28, 2018 respectively;and WHEREAS,the Sixth Supplement to a PSA between Lewis County and SBGH 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 Sixth Supplement to a PSA with SBGH 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 and approves the attached Sixth Supplement to a PSA between SBGH 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 Sixth Supplemental Agreement with SBGH on behalf of the County, acting as the fiscal agency for the Flood Authority. /1A KA DONE IN OPEN SESSION this co- day of ,g/,J, 2018. 1 ' APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON g By:Civil Deputy Prosecuting Attorney •na J. Fund,Chat, / • ATTEST: ••�sS couNzt•• • o • Robert C.Jackson,Vice Chair 18 SINCE I�; FEOLL Rieva Lester,Clerk of the Bct 7c114 1845 z• Gary Sta er, Comm ss1 loner �v`f� b 1NIIStVo J� 3 ciD t3 SIXTH SUPPLEMENT TO PERSONAL SERVICES AGREEMENT BETWEEN LEWIS COUNTY, ACTING AS THE FISCAL AGENT FOR THE CHEHALIS RIVER BASIN FLOOD AUTHORITY, AND SBGH-PARTNERS, LLC THIS SIXTH 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 SBGH-Partners, LLC, 2601 Capitol Way S, Olympia, WA 98501-3326, 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 August 8, 2011 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 Sixth 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 Existing Agreement, as amended by the Scope of Work and Budget, 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 Sixth 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 9h Supplement. Section 3. Payment Compensation for the work provided in accordance with this Sixth Supplemental Agreement shall be as set forth in "Attachment A" (Sixth Supplemental Scope of Work). Expenses incurred from July 1, 2017 through and February 28, 2018, shall not exceed Fifty-seven Thousand, Six Hundred Dollars ($57,600.00) 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 51" Supplement. SBGH Partners Sixth Supplemental PSA Page 1 of 4 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 Sixth Supplemental Agreement and statement of work, period of performance and compensation constitutes a Sixth 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 WITNESS WH REOF, the parties have executed this Sixth Supplemental Agreement this C. day of QA/1 , 2018. Lewis County Contract Manager Contractor Program Manager Lee Napier, Director of Community Scott Boettcher Development 2601 Capitol Way S 2025 NE Kresky Ave. Olympia, WA 98501-3326 Chehalis, WA 98532 (360) 480-6600 (360) 740-2606 LEWI COUNTY SBGH-PARTNERS, LLC B * , By: Lee Napier Scott Boettcher Title:: r t, (2r Title: ti ZZ ��' /(2- 4-0t Date: Date: ' SBGH Partners Sixth Supplemental PSA Page 2 of 4 ATTACHMENT "A" SIXTH SUPPLEMENTAL PERSONAL SERVICES AGREEMENT AND SCOPE OF WORK Between LEWIS COUNTY and SBGH-Partners, LLC Contract Scott Boettcher, Principal Manager: SBGH-Partners 2601 Capitol Way S Olympia, WA 98501-3326 360/480-6600 scottb@sbcih-partners.com Primary Staff: Scott Boettcher Period of July 1, 2017 through February 28, 2018 Performance: Time and • Labor and expenses not to exceed $57,600.00 Expense: • Hourly-rate= $120/hr. General Duties: Lead staff responsible for day-to-day administration and logistical support to the Flood Authority and its committees. Responsible for work plan development and tracking as well researching and developing staff recommendations for issues that come before the Flood Authority and its committees. Supported by Jim Kramer (Kramer Consulting). Task 1: Provide Day-To-Day Administrative and Logistical Support to the Flood Authority and its Committees --This task will involve supporting, documenting, tracking, reporting and otherwise attending to the activities, decision-making, and logistics of the Flood Authority and its committees (Community Outreach & Education, Chehalis Basin Projects, and Executive), including: • Providing the Flood Authority with contract management support including developing scopes of work and working with Lewis County and RCO to amend, track and report on contracts. • Providing monthly Flood Authority meeting support including determining location/equipment needs, confirming presenters, etc. • Updating the Flood Authority's web presence so the work program and products of the Flood Authority are accessible and effectively communicated. • Organizing workshops and trainings on Flood Authority products including the Flood Warning System. • Providing local floodproofing and retrofitting support. SBGH Partners Sixth Supplemental PSA Page 3 of 4 Task 2: Provide Tracking and Work Program Support to the Flood Authority and its Committees-- This task will involve tracking, reporting, and supporting: • Implementation of 2012 Jobs Now Act projects (state capital budget). • Implementation of 2013-15, 2015-17, and 2017-19 state capital budget projects as applicable. • Implementation of the Flood Authority's overall work program, including providing on-going communication to the public regarding the work and accomplishments of the Flood Authority. Task 3: Research and Develop Staff Recommendations for Issues that Come Before the Flood Authority and its Committees-- This task will involve preparing analyses, options, recommendations, and other information as to support the Flood Authority as it moves forward in its decision-making, including: • Developing options and alternatives to ensure adequate sustainable funding for operations and maintenance of the Flood Warning System. • Developing options and alternatives to improve the usability of the Flood Warning System. • Developing options and alternatives to effect efficient decision- making and implementation for local projects throughout the Basin. • Developing options and alternatives to effect clear and meaningful outreach and communication throughout the Basin. • Supporting local floodproofing, retrofitting, and development of basin- wide recommendations. SBGH Partners Sixth Supplemental PSA Page 4 of 4 Alr BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Jan 22, 2018 Suggested Wording for Agenda Item: Agenda Type: Consent Approval of a sixth supplemental agreement between SBGH-Partners, LLC and Lewis County Contact Lee Napier Phone: x2606 Department: Community Development Action Needed: Approve Resolution Description Approval of a sixth supplemental agreement between Lewis County, acting as the fiscal agent for the Flood Authority, and SBGH 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 fifth supplemental. Items to clarify include: reducing the budget from $173,000 to $57,600.00 and the performance period end date of June 30, 2019 to February 28, 2018 respectively. Approvals: User Group Status Gowing, Graham Pending Lester, Rieva Pending Butler, Becky Pending Smith, Suzette Pending Eisenberg, Eric Pending Additional Copies Graham Gowing, Lee Napier, Suzette Smith, and Becky Butler