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Approval of Eleventh Supplement Agreement between SBGH Partners, LLC, and Lewis County. BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 21-418 APPROVAL OF A ELEVENTH 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 Eleventh 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 Eleventh 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 Eleventh 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 Eleventh Supplement Agreement with SBGH on behalf of the County, acting as the fiscal agency for the Flood Authority. DONE IN OPEN SESSION this 30th day of November, 2021. Page 1 of 2 Res. 21-418 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Amber Smith Lindsey R. Pollock, DVM By: Amber Smith, Lindsey R. Pollock, DVM, Chair Deputy Prosecuting Attorney ATTEST: •'�°"Nrr,w+s•.OF Sean D. Swope .'S'.. Sean D. Swope, Vice Chair .0 Sl ly 1 2 :=' 'g45 45 •• Rieva Lester 4- ycol!., F. Lee Grose •'�Sy�;crop::•• Rieva Lester, ' " F. Lee Grose, Commissioner Clerk of the Lewis County Board of County Commissioners Page 2 of 2 Res. 21-418 il_ 1 May 18, 2021 TO: Rood Authority Members FROM: Scott Boettcher, Staff SUBJECT: Lewis County as Fiscal Agent for 2021-23 Purpose of this memo is, aswas done for 2017-19 biennium (here)and 2019-21 biennium (here), to provide Lewis County with authorization and direction to continue acting as Rood Authority fiscal agent for the 2021- 23 biennium and to take steps necessary to implement that role. We will discuss at Thursday's Rood Authority meeting. Feel free to call or email with questions(i.e., 360/480-6600, scottb sbgh-partners.com). A. Background 1. Lewis County works in many capacities. One capacity is as fiscal agent for the Rood Authority. Lewis County hasfulfilled this role since inception of the Rood Authority in 2008. 2. Lewis County's dut ies 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 Rood Authority on multiple matters of interest and relevance to the Rood Authority, including Rood Warning System, Local Projects, Rood 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 asfiscal agent for the Rood 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 Rood 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 cont racts and agreements as directed by Rood Authority. 6. Lewis County and staff assume it is the desire of the Rood Authority that Lewis County continue asfiscal agent for the Rood Authority for the 2021-23 biennium. Lewis County as Fiscal Agent for 2021-23 (1) 5/18/2021 B. Recommendation 1. Rood Authority authorize Lewis County to act as Rood Authority fiscal agent for the 2021-23 biennium. 2. Rood Authority direct Lewis County to take steps necessary to implement this role in time for the start of the 2021-23 biennium (July 1, 2019), including: a. Scoping and structuring an interagency funding agreement with RCO(that is additionally vetted through Rood Authority's Executive Committee). b. Scoping and structuring Lewis County(Pat Anderson, Graham Cowing, 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. NOTE1 —Documenting specific Rood 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 1 Past Washington State Auditor's Office Accountability Audits Period: Issued: Report: July 1, 2008 through June 30, 2011 3128/2012 Here January 1, 2012 through December 31, 2014 2/04/2016 Here January 1, 2015through December 31, 2017 1/10/2019 Here NOTE2—Budget for Lewis County acting as Rood 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--$0 Scopes of work for 2021-23 are assumed to continue as currently agreed. • Lewis County SOWwith RCO(#15-1475)--here(7/1/2015-6/30/2021)and here(amended 2/12/2016). • SBGH-Partners SOWwith Lewis County-- here(7/1/2019-6/30/2021). • WEST Consultants does not have a current SOWwith Lewis County for Rood Authority activities. (WEST does have a SOW with Lewis County for Rood 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 ELEVENTH SUPPLEMENT TO PERSONAL SERVICES AGREEMENT BETWEEN LEWIS COUNTY, ACTING AS FISCAL AGENT FOR THE CHEHALIS RIVER BASIN FLOOD AUTHORITY AND SBGH-PARTNERS, LLC THIS ELEVENTH 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 Eleventh 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 October 1, 2021 and be extended and completed on June 30, 2023 as agreed and shown in the attached Eleventh 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 Tenth Supplement. Section 3. Payment Compensation for the work provided in accordance with this Eleventh Supplemental Agreement shall be as set forth in "Attachment A" (Eleventh Supplemental Scope of Work). Expenses incurred from October 1, 2021 through June 30, 2023, shall not exceed One Hundred Sixty-Nine Thousand Seven Hundred and Fifty Dollars ($169,750) without written prior approval of the County and authorization by the Flood Authority, and shall implement the remainder of the authorization of the Flood Authority as directed at their May 20, 2021 meeting (see staff memo). SBGH Partners Eleventh 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 Eleventh Supplemental Agreement and statement of work, period of performance and compensation constitutes an Eleventh 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 Eleventh Supplemental Agreement this 30 day of November , 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: . -�� /t2re L By: Scott 6oettchek Lee Napier Scott Boettcher Title: Director Title: Owner Date: 11-30-2021 Date: 11-21-2021 SBGH Partners Eleventh Supplemental PSA Page 2 of 4 ATTACHMENT "A" ELEVENTH 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@sbgh-partners.com Primary Staff: Scott Boettcher Period of October 1, 2021 through June 30, 2023 Performance: Time and Labor and expenses not to exceed $169,750 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 Eleventh 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 Eleventh Supplemental PSA Page 4 of 4 BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Nov. 30, 2021 Suggested Wording for Agenda Item: Agenda Type: Deliberation Approval of a Eleventh Supplement Agreement between SBGH Partners, LLC and Lewis County Contact: Lee Napier Phone: 360.740.2606 Department: CD - Community Development Description: Approval of an Eleventh 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 ioard of County Commissioners runs County Washington POY 13 2621