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Approval of Tenth Supplement Agreement between SBGH Partners LLC and Lewis County
BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 21-253 APPROVAL OF A TENTH SUPPLEMENT AGREEMENT 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 supplemental contract amendment during the May 20, 2021, meeting and recommended the County prepare and execute the same; and WHEREAS, the Tenth 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 Tenth 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 Tenth 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; and NOW THEREFORE BE IT FURTHER RESOLVED that the BOCC authorizes the Director of Community Development to sign the Tenth Supplement Agreement with SBGH on behalf of the County, acting as the fiscal agency for the Flood Authority. DONE IN OPEN SESSION this 13th day of July, 2021. Page 1 of 2 Res. 21-253 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Eric Eisenberg Gary Stamper By: Eric Eisenberg, Gary Stamper, Chair Chief Civil Deputy Prosecuting Attorney * ATTEST: °`= T' "�s•• Lindsey R. Pollock, DVM v`L dsey R. Pollock, DVM, Vice Chair ' C :• S1 ‘845 •'•4 ` Rieva Lester s•yJ;cTo>;�,. Sean D. Swope Rieva Lester, • '' Sean D. Swope, Commissioner Clerk of the Lewis County Board of County Commissioners Page 2 of 2 Res. 21-253 TENTH SUPPLEMENT TO PERSONAL SERVICES AGREEMENT BETWEEN LEWIS COUNTY, ACTING AS FISCAL AGENT FOR THE CHEHALIS RIVER BASIN FLOOD AUTHORITY AND SBGH-PARTNERS, LLC THIS TENTH 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 Tenth 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, 2021 and be completed on September 30, 2021 as agreed and shown in the attached Tenth 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 and budget described in the Ninth Supplement. Section 3. Payment Compensation for the work provided in accordance with this Tenth Supplemental Agreement shall be as set forth in "Attachment A" (Tenth Supplemental Scope of Work). Expenses incurred from July 1, 2021 through September 30, 2021, shall not exceed Twenty-Four Thousand and Two-Hundred and Fifty Dollars ($24,250) as implements the authorization of the Flood Authority at their May 20, 2021 meeting (see staff memo) and without written prior approval of the County and authorization by the Flood Authority. SBGH Partners Tenth 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 Tenth Supplemental Agreement and statement of work, period of performance and compensation constitutes a Tenth 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 Tenth Supplemental Agreement this 13 day of July , 2021. 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 LEWIS COUNTY SBGH-PARTNERS, LLC By: .�� // 'it.- By: Soo BOe'f'J"Ghei' Lee Napier Scott Boettcher Title: Director Title: OWner Date: 7-13-2021 Date: 7-02-2021 SBGH Partners Tenth Supplemental PSA Page 2 of 4 ATTACHMENT "A" TENTH 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 scottbsbqh-partners.com Primary Staff: Scott Boettcher Period of July 1, 2021 through September 30, 2021 Performance: Time and Labor and expenses not to exceed $24,250 Expense: General Duties: Lead staff responsible for day-to-day administrative 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. 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 regular 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 project coordination support with RCO, OCB, CBB, and local project stakeholders. SBGH Partners Tenth 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, 2017-19, 2019-21, 2021-23 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 necessary 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 Tenth Supplemental PSA Page 4 of 4 4 CHEHA.LIS RIVER BASIN FLOOD AUTHORITY May 18, 2021 TO: Flood Authority Members FROM: Scott Boettcher, Staff SUBJECT: Lewis County as Fiscal Agent for 2021-23 Purpose of this memo is, as was done for 2017-19 biennium (here)and 2019-21 biennium (here),to provide Lewis County with authorization and direction to continue acting as Flood Authority fiscal agent for the 2021- 23 biennium and to take steps necessary to implement that role. We will discuss at Thursday's Flood Authority meeting. Feel free to call or email with questions(i.e., 360/480-6600, scottb(a�sbgh-partners.com). A. Background 1. Lewis County works in many capacities. One capacity is as fiscal agent for the Flood Authority. Lewis County has fulfilled this role since inception of the Flood Authority in 2008. 2. Lewis County's duties as fiscal agent are more fully described here(April 17, 2017 Interlocal Agreement). 3. As fiscal agent Lewis County acts at the direction of the Flood Authority on multiple matters of interest and relevance to the Flood Authority, including Flood Warning System, Local Projects, Flood Authority staffing and facilitation, information inventories and analyses, intergovernmental agreements, State Auditor's Office accountability audits, and more. 4. Much of the work done by Lewis County as fiscal agent for the Flood Authority is by contract and/or agreement with others, e.g., WA State Recreation and Conservation Office (RCO), WA State Department of Ecology's Office of Chehalis Basin (OCB), consultants, other governments, etc. Setting-up and establishing these contracts and agreements takes time. 5. In an effort to best ensure continuity of operation as the Flood Authority moves from the 2019-21 biennium to 2021-23 biennium, Lewis County anticipates needing to begin working soon to scope and structure 2021-23 contracts and agreements as directed by Flood Authority. 6. Lewis County and staff assume it is the desire of the Flood Authority that Lewis County continue as fiscal agent for the Flood Authority for the 2021-23 biennium. Lewis County as Fiscal Agent for 2021-23 (1) 5/18/2021 B. Recommendation 1. Flood Authority authorize Lewis County to act as Flood Authority fiscal agent for the 2021-23 biennium. 2. Flood Authority direct Lewis County to take steps necessary to implement this role in time for the start of the 2021-23 biennium (July 1, 2o19), including: a. Scoping and structuring an interagency funding agreement with RCO (that is additionally vetted through Flood Authority's Executive Committee). b. Scoping and structuring Lewis County(Pat Anderson, Graham Gowing, Patti Weiher, Lee Napier, etc.) and sub-contractor(WEST Consultants, SBGH-Partners, etc.)staffing arrangements. c. Briefing and securing approval from Lewis County Board of County Commissioners once RCO has provided Lewis County with a funding amendment per 2.a. above. NOTES—Documenting specific Flood Authority authorization and direction to Lewis County to proceed with preparations for the 2021-23 biennium is necessary for future State Auditor's Office Accountability Audits. Past accountability audits are provided via Table 1 below. Table 2 Past Washington State Auditor's Office Accountability Audits Period: Issued: Report: July 1, 2008 through June 30, 2011 3/28/2012 Here January 1, 2012 through December 31, 2014 2/04/2016 Here January 1, 2015 through December 31, 2017 1/10/2019 Here NOTE2—Budget for Lewis County acting as Flood Authority fiscal agent for 2021-23 is anticipated as follows: • Lewis County staffing -- $25,000 • SBGH-Partners-- $194,000 • Lewis County goods and services-- $5,000 • WEST Consultants -- so Scopes of work for 2021-23 are assumed to continue as currently agreed. • Lewis County SOW with RCO (#15-147c) -- here (7/1/2015 -6/30/2021) and here(amended 2/12/2016). • SBGH-Partners SOW with Lewis County-- here (7/1/2019 -6/30/2021). • WEST Consultants does not have a current SOW with Lewis County for Flood Authority activities. (WEST does have a SOW with Lewis County for Flood Warning System operation and maintenance that is covered through Lewis County, Grays Harbor County, and Thurston County reimbursements). Lewis County as Fiscal Agent for 2021-23 (2) 5/18/2021 WASHINGTON STATE Recreation and Conservation Office Amendment to Project Agreement Project Sponsor: Lewis County Comm Development Project Number: 15-1475 P Project Title: Lewis County Chehalis River Basin Flood Authority Amendment Number: 15 Amendment Type: Time Extension Amendment Description: Pursuant to a request from Lewis County Comm Development the Project Agreement identified above is amended to extend the end date of this agreement. The project period of 07/01/2015 to 06/30/2021 is extended to allow the contracting party until 06/30/2023 to complete the project. Agreement Terms In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State Of Washington Recreation and Conservation Office �� BY: Scott Robinson 22 2021 11.53 PDT) For Megan Duffy TITLE: Director DATE: J u n 22, 2021 Pre-approved as to form: By: /S/ Assistant Attorney General CBS Project Time Extension Amendment TIMEXTEN.RPT 15-1475 Amendment #15 - Time Extension Final Audit Report 2021-06-22 Created: 2021-06-22 By: Kendall Barrameda(kendall.barrameda@rco.wa.gov) Status: Signed Transaction ID: CBJCHBCAABAA60n9dfYIPEyFwOaCaRzj62cPD71aHmWr "15-1475 Amendment #15 - Time Extension" History t Document created by Kendall Barrameda (kendall.barrameda@rco.wa.gov) 2021-06-22-6:12:14 PM GMT-IP address: 198.238.202.135 E? Document emailed to Scott Robinson (scott.robinson@rco.wa.gov)for signature 2021-06-22-6:12:51 PM GMT t Email viewed by Scott Robinson (scott.robinson@rco.wa.gov) 2021-06-22-6:53:39 PM GMT-IP address: 104.47.65.254 6© Document e-signed by Scott Robinson (scott.robinson@rco.wa.gov) Signature Date:2021-06-22-6:53:45 PM GMT-Time Source:server-IP address: 198.238.202.135 © Agreement completed. 2021-06-22-6:53:45 PM GMT wasx xurcx sr�n COWERED BY Recreation and Adobe Sign Conservation Office BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: July 13, 2021 Suggested Wording for Agenda Item: Agenda Type: Deliberation Approval of a Tenth Supplement Agreement between SBGH Partners, LLC and Lewis County Contact: Lee Napier Phone: 360-740-2606 Department: CD - Community Development Description: Approval of a Tenth Supplemental Agreement between SBGH Partners, LLC and Lewis County Approvals: Publication Requirements: Publications: User Status n/a PA's Office Pending Additional Copies: Cover Letter To: Graham Gowing, Grace Jimenez n/a