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Fifth Supplemental Agreement between Kramer Consulting-Partners and Lewis County BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON APPROVAL OF A FIFTH SUPPLEMENTAL AGREEMENT BETWEEN ) RESOLUTION NO. 18- O9' 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 contract amendment(amount not to exceed $28,000.00 as well as extended the performance period to June 30, 2019) during the February 15, 2018 meeting and recommended the County prepare and execute the same; and WHEREAS,the Fifth 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 Fifth 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 Fifth 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 Fifth Supplemental Agreement with Kramer Consulting on behalf of the County, acting as the fiscal agency for the Flood Authority. DONE IN OPEN SESSION this I 0 day of MtXll , 2018. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON // iv' �e ut Prosecuting Attorney Ed J. Fund, Ch 'r By: C p Y g Y fid •••••• `! .4, ATTEST: •• `pis CoUA,4•• Robert C.Jackson,Vice Chair ••�4 i � Rtj OA y®• G.p\ • Cn • • lap SINGE ��0• Rieva Lester, Clerk of the at '84c cr)i o: Gary Sta er,Commissioner 0 \COMMIS+`10 w+s • °APS IscC0 ' gym ••* FIFTH SUPPLEMENT TO PERSONAL SERVICES AGREEMENT BETWEEN LEWIS COUNTY, ACTING AS THE FISCAL AGENT FOR THE CHEHALIS RIVER BASIN FLOOD AUTHORITY AND KRAMER CONSULTING THIS FIFTH 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 Fifth 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 Fifth 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 June 30, 2019 as agreed and shown in the attached Fifth 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: This Agreement extends the period of performance described in the Fourth Supplement. Section 3. Payment Compensation for the work provided in accordance with this Fifth Supplemental Agreement shall be as set forth in "Attachment A" (Fifth Supplement Scope of Work). Expenses incurred from July 1, 2017 through and June 30, 2019, shall not exceed Twenty-eight Thousand Dollars ($28,000.00) without written prior approval of the County and authorization by the Flood Authority. Note: The payment amount of this Agreement increases the amount described in the Fourth Supplement. Kramer Consulting Fifth 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 Fifth Supplemental Agreement and statement of work, period of performance and compensation constitutes a Fifth 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. IN WITNESS WHEREOF, the parties have executed this Fifth Supplemental Agreement this day of , 2018. County Contract Manager Contractor Program Manager Lee Napier, Director of Community Jim Kramer Development 6539 57th Avenue South 2025 NE Kresky Ave. Seattle, WA 98118 Chehalis, WA 98532 (360) 740-2606 LEWIS COUNTY Kramer Consulting By: By: Lee Napier Jim Kramer Title: Title: Date: Date: _ Kramer Consulting Fifth Supplemental PSA Page 2 of 3 ATTACHMENT A FIFTH 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 Quinault Indian Nation. • Support communication with the Chehalis Tribe. • Respond to inquiries from legislative and congressional staff. Time and Expense-- • Not to exceed $28,000.00 Kramer Consulting Fifth Supplemental PSA Page 3 of 3 CHFHAI. IS RIVER BASIN :OOD AJTHOAITY February 15, 2018 TO: Flood Authority Members FROM: Scott Boettcher, Staff SUBJECT: Flood Authority Contracts(3/01/2018 through 6/30/2019) The purpose of this memo is to seek the Flood Authority's approval for Lewis County to move forward to implement consultant funding agreements for the period March 1, 2018 through June 3o, 2019 as described below. We will discuss this today. Please feel free to call or email if you have questions(i.e., 360/480-6600,scottbca sbgh-partners.com). Background 1. 2017-19 Flood Authority consultant scopes of work were approved by the Flood Authority at their June 15, 2017 meeting(see here https://www.ezview.wa.gov/Portals/ 1492/images/6%2oProposed%2oConsultants%20SOWS%20-- %2006142o17.odf) 2. Due to the substantially delayed 2017-19 State Capital Budget, Lewis County(acting as fiscal agent for the Flood Authority) had to incrementally implement these scopes of work through shorter duration funding agreements. 3. Now that a 2017-19 State Capital Budget is in place, Lewis County needs to implement remaining funding agreements for the period March 1, 2018 through June 30, 2019(16 months). Decision Does the Flood Authority approve Lewis County moving forward to implement funding contracts for the remining March 1, 2018 through June 3o, 2019(16 months)time period as follows: Original Funding Estimated Funding Distribution(7/01/2017- Distribution(3/01/2018- 6/30/2019, 24 months) 6/30/2019,16 months)** Kramer Consulting--> $72,000 $24,000 SBGH-Partners--> $168,000 $126,000 SBGH-Partners(expense)--> $5,000 $4,681 French&Associates--> $100,000 $85,000 Lewis County(fiscal agent, staffing)--> $30,000 $25,709 Lewis County(fiscal agent, other goods and services)--> $5,000 $3,333 Total Funding Amount(2017-19)--> $380,000 $268,723 ** Note: Total funding for the period March 1, 2018 through June 30, 2019 will not cause the total for the biennium to exceed the Flood Authority's original authorization of$380,000. Consultant Funding Agreements (1) 2/15/2018 BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Mar 05, 2018 Suggested Wording for Agenda item: Agenda Type: Consent Approval of a fifth supplemental agreement between Kramer Consulting and Lewis County ECtil VED Contact Lee Napier Phone: x2606 Department: Community Development FEB 2 6 2016 Action Needed: Approve Resolution LEWIS COUNT Y PROSECUTING ATTORNEY Description Approval of a fifth 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 extend the performance period and increase the budget established in the fourth supplemental. Approvals: User Group Status Eisenberg, Eric hig Pending Lester, Rieva Pending Gowing, Graham Pending Butler, Becky Pending Smith, Suzette Pending Additional Copies Graham Gowing, Lee Napier, Becky Butler, Suzette Smith