Approve and agreement with AMP Insights concerning preliminary consultant servies for a water bank. DISCLOSURE OF LOBBYING ACTIVITIES
Per 31 U.S.C. 1352,no funds from this Agreement may be used to pay any person for influencing or attempting to
influence an officer or employee of any federal agency or Congress,or any Member of Congress or his or her
employee,in connection with the awarding of,making,entering into,extension,continuation,renewal,amendment,
or modification of any Federal contract,grant,loan,or cooperative agreement. If Contractor pays someone from
funds not under this Agreement to do any of the above activities,it must file the disclosure form below.
Type of Federal Action: Status of Federal Action: Report Type:
a.contract a.bid/offer/application a.initial filing
b.grant b.initial award b.material change
c.cooperative agreement c.post-award
d.loan
e.loan guarantee
f.loan insurance
Name and Address of Reporting Entity: If Reporting Entity in No.4 is Subawardee,Enter Name
Prime Subawardee and Address of Prime:
Tier ,if Known:
Congressional District,if known: Congressional District,if known:
Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number,if applicable:
Federal Action Number,if known: 9. Award Amount,if known:
10. a.Name and Address of Lobbying Registrant b.Individuals Performing Services(including address if
(if individual, last name,first name,MI): different from No. 10a)
(last name,first name,MI):
11.Information requested through this form is authorized by
title 31 U.S.C.section 1352.This disclosure of lobbying Signature:
activities is a material representation of fact upon which
reliance was placed by the tier above when this transaction Print Name:
was made or entered into.This disclosure is required
pursuant to 31 U.S.C.1352.This information will be reported Title:
to the Congress semi-annually and will be available for public
inspection.Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than Telephone No.: Date:
S10,000 and not more than S100,000 for each such failure.
Federal Use Only Authorized for Local Reproduction
Standard Form-LLL(Rev.7-97)
NON-COLLUSION STATEMENT
My signature certifies that the accompanying proposal is not the result of,or affected by,any unlawful act
of collusion with another person or company engaged in the same line business or commerce.
I hereby certify that I am authorized to sign,personally or as a Representative for the Firm:
Name of Firm or Individual: AMP Insights
Address: PO Box 1461 Bend,OR 97709
8-25-2022
Signature Date
David Pilz,Managing Partner
Printed Name and Title
DEBARMENT CERTIFICATION FORM
The Contractor certifies that,neither the Contractor firm nor any owner,partner,director,officer,or
principal of the Contractor,nor any person in a position with management responsibility or responsibility
for the administration of federal funds:
(a)Is presently debarred,suspended,proposed for debarment,and declared ineligible or voluntarily
excluded from covered transactions by any federal or state department/agency;
(b)Has within a three-year period preceding this certification been convicted of or had a civil judgment
rendered against it for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain,or performing a public transaction or contract(federal,state,or local);violation of
federal or state antitrust statutes;or commission of embezzlement,theft,forgery,bribery,falsification or
destruction of records,making false statements,or receiving stolen property;
(c)Is presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,
state,or local)with commission of any of the offenses enumerated in paragraph(b)above;or
(d)Has within a three-year period preceding this certification had one or more public transactions or
contracts(federal,state,or local)terminated for cause or default.
(e)The contractor is"Actively"registered with SAMS(Service for Award Management),and has been
assigned the following Unique Entity Identifier(UEI): C2KJGPJEKW29 .The Contractor
further certifies that it shall not knowingly enter into any transaction with any subcontractor,material
supplier,or vendor who is debarred,suspended,declared ineligible,or voluntarily excluded from covered
transactions by any federal or state department/agency.
Name of Firm or Individual: AMP Insights
Address: PO Box 1461 Bend,OR 97709
8-25-2022
Signature Date
David Pilz,Managing Partner
Printed Name and Title
EXHIBIT B—CONTRACTOR REPRESENTATIONS AND CERTIFICATIONS
COMPLIANCE WITH FEDERAL AND STATE LAWS
Contractor certifies that it is not on the Federal Government's list of suspended,ineligible,or debarred
entities.In the event of placement on this list between the time of certification and the completion of this
Agreement,Contractor will notify Client.Failure to do so may result in termination.
Contractor agrees to comply with all other applicable Federal statutes,regulations,and executive orders,
and shall provide for compliance with the American Rescue Plan Act to include:
• Equal Employment Opportunity requirements;
• Davis Bacon Act(40 U.S.C. §§ 3141-3148);
• Anti-Kickback Act(40 U.S.C. § 3145);
• Contract Work Hours and Safety Standards(40 U.S.C.§§3701-3708);
• Rights to Inventions Made Under a Contract or Agreement(37 C.F.R.Part 401);
• Clean Air Act(42 U.S.C. §§7401-7671q)and Water Pollution Control Act(33 U.S.C. §§ 1251-
1387);
• Debarment and Suspension(Executive Orders 12549 and 12689);
• Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352 and 31 C.F.R.Part 21);
• Procurement of recovered materials(2 C.F.R. §200.323)(pursuant to section 6002 of the EPA's
Solid Waste Disposal Act);
• Prohibition on certain telecommunications and video surveillance services or equipment(2 C.F.R.
§200.216);and
• Domestic preferences for procurements(2 C.F.R. §200.322).
A special note on the Davis Bacon Act for avoidance of doubt:this professional services contract is not
required to pay Davis Bacon or state prevailing wages. Therefore,Contractor may comply with the Davis
Bacon Act without paying prevailing wages.
— 9j ,ely 8-25-2022
Signature: Date:
EXHIBIT A—SCOPE OF WORK
Lewis County Water Bank Development Pre-Assessment Scope and Budget
This contract will cover initial work under Tasks 1,2 and 3 for AMP Insights to support Lewis County in
initial assessment for water bank development and water right acquisition.Under Task 1,AMP will
coordinate with County staff during an initial kick-off meeting in Lewis County to discuss work done to
date,the purpose and objectives of a water bank in Lewis County,potential areas of interest for water
right acquisition and water bank models generally.Under Task 2,AMP will review work completed to
date on water right assessment in the watershed and work with the County to determine if there is an area
of sufficient focus or a suite of water rights that could be targeted to seed an initial water bank. This will
include some preliminary study of the water rights' viability for this purpose,short of the full due
diligence required for purchase. Under Task 3,AMP will participate in pre-application with Ecology in
advance of preparing a grant proposal in collaboration with Lewis County Staff.Once initial assessment
work is complete,AMP will bring a second budget proposal to Lewis County for consideration which
will include completing work under Tasks 1,2 and 3 as well as subsequent tasks.An estimated budget for
pre-assessment work is included below with a total pre-assessment budget not to exceed$23,260.
Amanda David Andrew Sarah Alex Jamie Task
Professional Services(Hours) 11W Cronin Pilz Purkey Kruse Ehrens Morin Hours Task Budget
Oates 170 170 185 180 105 300
Task 1:Project Management _ 0 $0
1a.Liaise with county staff to develop capacity and expertise for waterbanking work 16 12 8 12 48
lb.Maintain sufficient records and fulfill grant reporting requirements 0
Task 2:Pre-App work 0 $0
2a.Consider potential water bank models 5 5 4 4 18 $3,395
2b.Identify suitable water rights for acqusition in two or more basins 15 15 8 4 42 $7,365
2c.Conduct due diligence on identified water rights 0
2d.Negotiate contingent agreement or option to purchase - 0
Task 3:Water Bank Grant App process 0 __$0
3a.Participate in a pre-application meeting with Ecology 4 1 4 4 12
3b.Prepare and submit application to Ecology 0
3c.Interact with Ecology during application process 0 $0
Total Hours r 40 r 0 ' 36 r 0 r 20 " 24 120 $10,760
Total Budget for Hours $6,800 $0 $6,660 $0 $2,100 $7,200 — $22,760
Travel(Mileage to Chehalis) $500
Total Budget $23,260
limitation)any and all claims arising from contracts between Contractor and third parties made to
effectuate the purpose of this Agreement.
14.2 Contractor agrees to maintain professional liability insurance in the amount of$1 million per
occurrence on a covered-period,as opposed to claims-made,basis throughout the period of this
Agreement. Contractor need not maintain such insurance after the termination of this Agreement
so long as the period covered by the insurance continues to encompass any work performed under
this Agreement.
15 ATTORNEY FEES
15.1 If any legal action must be taken to enforce the terms of this Agreement,the prevailing party in
such action shall be entitled,in addition to any other relief that may be granted,to recover from
the other(s)a reasonable sum for attorney fees.
16 BINDING ON SUCCESSORS
16.1 This Agreement is intended to inure to the benefit of and bind all parties and their heirs,assigns,
successor in interest,and legal representatives.
17 SEVERABILITY
17.1 If any term or condition of this Agreement or the application thereof to any person(s)or
circumstances is held invalid,such invalidity shall not affect other terms,conditions or
applications which can be given effect without the invalid term,condition or application.To this
end,the terms and conditions of this Agreement are declared severable.
18 WAIVER
18.1 Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or
subsequent breach.No term or condition of this Agreement shall be held to be waived,modified
or deleted except by an instrument,in writing,signed by the party granting such a waiver.
19 ENTIRE AGREEMENT
19.1 This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any
prior understandings or written or oral agreements between the parties respecting the transaction
and cannot be changed except by their written consent.
EXECUTION
This Agreement is hereby executed by Contractor and Client on the terms set forth above.
Client: Lewis County Contractor:AMP Insights,LLC
Eric Eisenberg, Housing &
Name and Title: Infrstructure Specialist Name and Title:David Pilz,Managing Director
Signature: Signature:
Date: 8-23-2022 Date: 8-25-2022
Contract for Service Agreement 4
8 EQUIPMENT AND SUPPLIES.
8.1 Contractor,at Contractor's own expense,will provide all equipment,tools,and supplies necessary
to perform the above services,and will be responsible for all other expenses required for the
performance of those services,unless these are explicitly provided for in the individual Terms of
Reference that are developed for specific tasks as the work progresses.
9 CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
9.1 Contractor shall comply with all applicable international,federal,state,and local laws,
ordinances,regulations and rules pertaining to the matters arising under this Agreement and the
performance thereof.By way of example but not limitation,Contractor shall comply with all
applicable copyright and other intellectual property laws.Contractor understands that it may be
subject to immediate termination under this Agreement and further be subject to penalties for
breach of relevant statutory provisions.
9.2 Contractor further represents and warranties the additional matters included in Exhibit B,which
are passed through to Contractor by virtue of American Rescue Plan Act funding being used for
this project.
9.3 The representations and warranties herein made by Contractor shall survive termination of this
Agreement.
10 TERMINATION
10.1 This Agreement may be terminated for convenience by Client at any time with ten(10)days'
prior written notice to Contractor.
10.2 Should this Agreement be terminated,Client's obligation to pay Contractor shall cease
immediately as of the date of the notice of termination,and Contractor shall be entitled to request
reimbursement for actual work performed or completed prior to the notice of termination.
10.3 Upon the termination of this Agreement,Contractor agrees to return to Client all of Client's
property then in the possession of Contractor,within three(3)business days after termination.
11 NO ASSIGNMENT
11.1 No right or interest arising under this Agreement shall be assigned by either party without the
prior written consent of the other.
12 TAX LIABILITY
12.1 Contractor shall exonerate,indemnify,and hold harmless Client from and against,and shall
assume full responsibility for,payment of self-employment taxes,all federal,state and local
taxes,or contributions imposed or required under unemployment insurance,workers'
compensation,social security,and income tax laws with respect to Contractor's services under
this Agreement.
13 GOVERNING LAW AND JURISDICTION
13.1 This Agreement shall be governed by and construed under the laws of the State of Washington,
and the Lewis County Superior Court shall have exclusive jurisdiction over disputes arising
hereunder.
14 INDEMNIFICATION AND INSURANCE
14.1 Contractor hereby agrees to protect,defend,and indemnify Client and hold it harmless from and
against any and all costs,injury,loss,claim,damage,liability,expense(including attorney fees),
court costs,and demand of every kind or nature,in connection with and/or arising in any way out
of Contractor's negligent performance of services pursuant to this Agreement,including(without
Contract for Service Agreement 3
4.3 Nothing contained in this Agreement shall be construed to create a partnership,joint venture,
agency,or employment relationship.Neither party shall be liable for the debts or obligations of
the other.No employee of Contractor shall be deemed to be an employee of Client,and Client
shall not have the right or power to hire or fire Contractor's employees.
4.4 Contractor shall maintain and provide all necessary insurance for its employees or subcontractors,
including but not limited to unemployment and workers' compensation insurance and shall
further comply with all laws,regulations and rules concerning the same.
5 OTHER CLIENTS.
5.1 Contractor retains the right to perform services for other clients.Contractor agrees not to enter
contracts with other clients that pose a direct conflict of interest with Contractor's work with the
Client.Contractor also agrees to provide written notice to Client before engaging in contracts
with other clients on water rights,water transactions,and ecosystem service transactions.
6 CONFIDENTIALITY:NON-DISCLOSURE
6.1 In the course of carrying out the work assignment,Contractor may have access to information of
a confidential nature to Client and its clients.Contractor agrees to keep such information in
confidence,and when questions arise ask Client if such information is of a confidential nature or
not so as to clarify its status.
6.2 Contractor may be asked by Client to participate in project development,where the nature and
terms of the project under development would be at risk if business information is shared beyond
Client and its contractors.In such cases,Contractor agrees not to disclose such business
information,without the prior consent of Client.
6.3 The work performed under this contract is in service of a government function. Each Party will
fulfill their independent obligations,separately,under the Washington Public Records Act(PRA),
Chapter 42.56 of the Revised Code of Washington.In the event one Party fails to fulfill its
obligations pursuant to this section and due in whole or in part to such failure a court of
competent jurisdiction imposes a penalty upon the other Party for violation of the PRA,the
failing Party shall indemnify the other for that penalty,as well as for all costs and attorney fees
incurred by the other Party in the litigation giving rise to such a penalty.The obligations created
by this section shall survive the termination of this Agreement.
6.4 Each Party shall maintain all books,records,documents,data and other evidence relating to this
Agreement and performance of the services described herein,including but not limited to,
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement.Both Parties shall retain such
records for a period of ten(10)years following the date of final potential reimbursement for
services provided under this Agreement. At Contractor's option,following any potential audit
period applicable,Contractor may deliver all materials covered under this paragraph to Client for
Client to retain—provided,that Contractor must nevertheless carry out any obligations required
by the PRA despite its delivery of such materials to Client.
7 ASSISTANTS.
7.1 Contractor,at Contractor's expense,may employ such assistants as Contractor deems appropriate
to carry out this agreement.Contractor will be responsible for paying such assistants,as well as
any expense attributable to such assistants,including income taxes,unemployment insurance,and
social security taxes,and will maintain workers'compensation insurance for such employees.
Contract for Service Agreement 2
CONTRACT FOR SERVICE AGREEMENT
THIS CONTRACT FOR SERVICE AGREEMENT(this"Agreement")is made between:
a) Lewis County,WA,through Eric Eisenberg,whose office is at 351 NW North St.Chehalis
WA,98532;Tel: (360)740-1235 Eric.Eisenberg@lewiscountywa.gov(the"Client");and
b) AMP Insights,LLC,represented by David Pilz,Managing Director,whose mailing address
is PO Box 1461,Bend,OR 97709,telephone contact at(503)250-2936,and email contact at
david@ampinsights.com(the"Contractor").
1 SERVICES TO BE PERFORMED
1.1 Whereas the Client requires assistance with water bank assessment consulting services and the
Contractor has demonstrated through an informal competitive process that it has the requisite
experience,qualifications and interest to undertake the work on behalf of the Client,the
Contractor agrees to fulfill the Scope of Work attached as Exhibit A to this Agreement.
2 TERM OF AGREEMENT AND TIME FOR PERFORMANCE
2.1 This Agreement is entered into as of the date of the last party to sign this Agreement and shall be
effective for a term commencing on July 18,2022 and shall continue in full force and effect until
December 31,2022,except as otherwise provided by this Agreement.The Contractor agrees to
complete all activities specified in the scope of work by this date.
3 PAYMENT
3.1 In consideration of Contractor's performance of these services,Client agrees to pay Contractor,
upon invoice no more than monthly,for work in accordance with the Scope of Work.The total
payment for work under this Agreement shall not exceed$23,260.
3.2 Client will cover directly or reimburse allowable travel expenses for Contractor to participate in
meetings,trips and work sessions up to a maximum of$500.Allowable travel expenses include
airfare,mileage for use of personal car at federal reimbursement rates,car rental and fuel,other
miscellaneous travel,lodging,and per diem expenses.
3.3 Payment for time and travel will be made to the contractor in the form of a check or ACH transfer
in US Dollars within 30 days receipt of the proper invoice.
3.4 No payment will be made by the Client to Contractor for materials or other inputs to work
products.
3.5 The amount of payment is not subject to any adjustment or revision because of price or currency
fluctuations,or the actual costs incurred by the Contractor in the performance of the agreement.
4 INDEPENDENT CONTRACTOR
4.1 The parties intend Contractor to be an independent contractor in the performance of these
services. Contractor shall have the right to control and determine the method and means of
performing the above services;Client shall not have the right to control or determine such method
or means.
4.2 Contractor shall be responsible for the payment of all taxes,including Federal,State,and local
taxes arising out of the activities in accordance with this Agreement,including by way of
illustration but not limitation,Federal and State income tax,Social Security tax,Unemployment
Insurance taxes and any other taxes or business license fees as required.
Contract for Service Agreement 1
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