HomeMy WebLinkAboutCDS Study Session Breifings 7.28.25 KITTITAS COUNTY
COMMUNITY DEVELOPMENT SERVICES
AGENDA STAFF REPORT
AGENDA DATE: July 28, 2025
ACTION REQUESTED: Request to Approve a Resolution Authorizing the Execution of
Contract No. K2617 between The Washington State Conservation
Commission and Kittitas County for the Voluntary Stewardship
Program
BACKGROUND: In 2011, the Kittitas County Board of Commissioners approved an
ordinance electing to participate in the Voluntary Stewardship
Program. This ordinance elected to have Kittitas County proceed with
implementation of the requirements of the Voluntary Stewardship
Program once the Washington State Legislature provides adequate
funding for such activity. The Washington State Legislature has
appropriated Voluntary Stewardship funds for the 2025-2027
biennium budget for continued implementation of the Voluntary
Stewardship Program within Kittitas County.
Contract No. 2617 has been provided by The Washington State
Conservation Commission for Kittitas County voluntary stewardship
program. Funding is on a reimbursement basis and is not to exceed
$290,000 for the biennium. The County may delegate the work to be
completed under the Voluntary Stewardship Program. Work has
previously been delegated to Kittitas County Conservation District,
which is again proposed for this biennium.
The contract received legal review and approval from the Kittitas
County Prosecuting Attorney's Office.
INTERACTION: Community Development Services, Kittitas County Conservation
District
RECOMMENDATION: Approve the Resolution Authorizing the Execution of Contract No.
K2617 between The Washington State Conservation Commission and
Kittitas County for the Voluntary Stewardship Program.
HANDLING: Return one (1) original to Community Development Services.
ATTACHMENTS: Resolution; Contract No. K2617
LEAD STAFF: Jamey Ayling, Planning Manager
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2025 -
AUTHORIZING THE EXECUTION OF CONTRACT K2617 BETWEEN THE
WASHINGTON STATE CONSERVATION COMMISSION AND KITTITAS COUNTY FOR
THE VOLUNTARY STEWARDSHIP PROGRAM
WHEREAS: The Washington State Legislature, through ESHB 1886, created a Voluntary
Stewardship Program("VSP")for protection of critical areas in areas of agricultural
activities; and
WHEREAS: The Kittitas County Board of County Commissioners approved Ordinance No.
2011-012, An Ordinance Electing to Participate in the Voluntary Stewardship
Program (RCW 36.70A.705), identifying and nominating the Upper Yakima
watershed and the Alkali-Squilchuck watershed as state priority watersheds, and
electing to have Kittitas County proceed with implementation of the requirements
of the Voluntary Stewardship Program once the Washington State Legislature
provides adequate funding for such activity; and
WHEREAS: The Washington State Conservation Commission provides funding for the
implementation of the Voluntary Stewardship Program consistent with RCW
36.70A.700-760 to the County through Contract K2617 in the amount of$290,000;
and
WHEREAS: Funding will be available on a reimbursement basis for work performed to continue
to implement the Voluntary Stewardship Program for the biennium of July 1, 2025
through June 30, 2027.
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of
Kittitas County, and in the best interest of the County, authorizes the execution of Contract K2617
between the Washington State Conservation Commission and Kittitas County for the Voluntary Stewardship
Program.
DATED this 28th day of July 2025, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Laura Osiadacz, Chairman
Cory Wright, Vice-Chairman
Brett Wachsmith, Commissioner
❑ Clerk of the Board- Julie Kjorsvik
❑ Deputy Clerk of the Board- Mandy Buchholz
2025-2027 Biennium Contract No. K2617
BETWEEN
The Washington State Conservation Commission
AND
Kittitas County
FOR
Voluntary Stewardship Program
THIS AGREEMENT(herein "agreement" or"contract") is made and entered into by and
between the Washington State Conservation Commission, hereinafter referred to as
"COMMISSION" and Kittitas County, hereinafter referred to as "COUNTY". COMMISSION
and the COUNTY may be collectively referred to herein as the "parties".
IT IS THE PURPOSE OF THIS AGREEMENT to provide funding to the COUNTY for
implementing the work plan as required for the Voluntary Stewardship Program (VSP),
consistent with RCW 36.70A.700-760 and related statutes.
THEREFORE, IT IS MUTUALLY AGREED THAT the COMMISSION will provide funding
consistent with the terms of this contract, the policies of the COMMISSION, and the laws of
the State of Washington; and the COUNTY will implement the terms of this contract with the
funding provided consistent with the policies of the COMMISSION and the laws of the State
of Washington.
1.0 PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance (effective date) of this agreement
shall be from July 1, 2025, through June 30, 2027, unless either extended by agreement of the
parties or terminated sooner, as provided herein.
2.0 SCOPE OF WORK
It is the intent of the parties that the COUNTY will perform its duties consistent with the
timelines set forth in RCW 36.70A.720-735, subject to available funding, and subject to state
contracting requirements.The COUNTY shall furnish the necessary personnel, equipment,
material and/or service(s), or contract with third parties to accomplish the same, and
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otherwise do all things necessary for or incidental to the performance of the work set forth
herein.
The COUNTY shall report in writing within 30 days any problems, delays or adverse
conditions that will materially affect their ability to meet project objectives or time schedules
stated herein. This disclosure shall be accompanied by a statement of the action taken or
proposed and any assistance needed to resolve the situation.
The COUNTY shall complete the work listed in APPENDIX B—SCOPE OF WORK, herein.
3.0 FUNDING AVAILABILITY AND COSTS
The parties expect legislative appropriation for this work shall not exceed $290,000. Payment
for satisfactory performance of the work accomplished under this agreement shall not
exceed this amount. The COMMISSION'S ability to make payments is contingent on
availability of funding. In the event funding from the state is withdrawn, reduced, limited or
otherwise determined by the COMMISSION to be inadequate in any way after the effective
date and prior to completion or expiration date of this agreement, the COMMISSION, at its
sole discretion, may elect to terminate the agreement, in whole or part, for convenience or to
renegotiate the agreement subject to new funding limitations and conditions.The
COMMISSION may also elect to suspend performance of the agreement until the
COMMISSION determines the funding insufficiency is resolved. Should the COMMISSION
determine funding needs to be reduced, the COMMISSION will provide 30-days' notice of an
intent to reduce the amount of funding available under this agreement.
3.1 Eligible Costs
The COMMISSION will pay the following costs, but only upon full COUNTY compliance with
APPENDIX C— BILLING PROCEDURE, the VSP Program Guidelines (Guidelines), and SCC
Grants and Contract Policy and Procedure Manual (Manual). See Guidelines and Manual on
SCC website.
■ Salaries and benefits, up to 25% indirect of salaries and benefits is allowed on
COUNTY personnel or any district subcontractor personnel designated by the
COUNTY to qualify for indirect costs.
■ Travel, consistent with State Administrative and Accounting Manual (SAAM) and OFM
requirements.
■ Training, consistent with State Administrative and Accounting Manual (SAAM) and
OFM requirements.
■ Meeting rooms and light refreshments for working meetings. Reimbursement must
comply with State Administrative and Accounting Manual (SAAM) and OFM
requirements.
■ Goods and Services including: Copy/print, facilitation, reports, studies, research and
document preparation, which may be accomplished through either staff efforts or
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qualified contractors. Contractor services shall comply with State procurement and
contracting law, as well as Manual.
■ Equipment. Equipment is defined in Manual. The COUNTY agrees and understands
that pre-approval by the COMMISSION is required for equipment purchases over
$2,000. All equipment should be directly related to the activities of the watershed
group and the implementation of the VSP including Monitoring activities.
■ Cost Share and District Implemented Project costs as specified in 3.2 and in
compliance with VSP Guidelines and Manual.
3.2 Cost-Share Programs & District Implemented Projects
The COUNTY may choose to offer a cost-share program or a District Implemented Project
(DIP) program to achieve the goals and objectives of the county work plan and RCW Chapter
36.70A. If the COUNTY so chooses to offer a cost-share program or DIP to VSP participants
using funds provided under this contract, the COUNTY hereby agrees that COMMISSION
cost-share and DIP policies and procedures as outlined in the Grants and Contract Policy
and Procedure Manual will be abided by, regardless of who is administering the cost-share
or DIP program (the COUNTY or some other entity on behalf of the COUNTY). If the
COUNTY will directly administer a DIP program the COUNTY must request an approval for an
exception to the Manual. Further, the COUNTY must comply with APPENDIX C— BILLING
PROCEDURE and the VSP Program Guidelines for 2025-2027 Biennium.
3.3 Disallowed Costs
The COUNTY is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors (such as consultants), and Agent or Subcontractor.
If the COUNTY expends more than the amount of the COMMISSION funding in this
agreement in anticipation of receiving additional funds from the COMMISSION, it does so at
its own risk. The COMMISSION is not legally obligated to reimburse the COUNTY for costs
incurred in excess of this agreement.
3.4 Insufficient Funds
The obligation of the COMMISSION to make payments is contingent on the availability of
state and federal funds through legislative appropriation and state allotment. When this
contract crosses over state fiscal years, the obligation of the COMMISSION is contingent
upon the appropriation of funds during the next fiscal year. The failure of the legislature or
federal agencies to appropriate or allot such funds to the program shall be good cause to
terminate this contract and for the Executive Director of the COMMISSION to determine that
the watershed has not received adequate funding to implement the program consistent with
RCW 36.70A.735 (2) (d).
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3.5 Method of Compensation
Payment shall be made on a reimbursable basis only for costs or obligations. Eligible costs
incurred by the COUNTY will be considered to have been paid by the COUNTY under this
contract at the time the COUNTY seeks reimbursement from the COMMISSION. No
payments in advance of or in anticipation of goods or services to be provided under this
agreement shall be made by the COMMISSION. The COUNTY must fully comply with
APPENDIX C- BILLING PROCEDURE to be eligible for reimbursement.
3.6 Duplication of Billed Costs
COUNTY shall not bill COMMISSION for services performed under this contract, and the
COMMISSION shall not pay COUNTY, if COUNTY is entitled to payment or has been or will be
paid by any other source, including grant funds, for that service. COUNTY shall return to
COMMISSION any payments made contrary to this paragraph.
4.0 ASSIGNMENT
The COUNTY may not assign this contract. The COUNTY may, however, delegate the work to
be completed under this agreement to an Agent. Any such Agent shall comply with the
requirements of this agreement. Within any such delegation the COUNTY shall remain liable
for any claim arising thereunder, and the COUNTY shall remain responsible for compliance
with this agreement and RCW 36.70A.700-735, and with all applicable Federal, State and local
laws, orders, regulations and permits. COUNTY retains the right to subcontract any portion
or portions of the work as it deems necessary to complete the work. If COUNTY chooses to
delegate tasks to a lead entity (Agent) for VSP, a copy of the subcontract must be sent to the
Commission's VSP Contract Manager identified in APPENDIX C— BILLING PROCEDURE as
soon as the subcontract has been signed by both parties.
5.0 CONTRACT MANAGEMENT
Each party shall assign a specific individual to be responsible for and shall be the contact
person for all communications and billings regarding the performance of this Agreement.
Those individuals will be set out in APPENDIX D— RESPONSIBLE INDIVIDUALS herein
incorporated by reference. If for any reason the individuals identified in Appendix D change,
the parties agree to immediately identify and notify each other of another in writing of the
new responsible individual for this agreement.
6.0 TERMINATION
The COUNTY may terminate this agreement upon 30-days' prior written notification to the
COMMISSION. If this agreement is terminated by the COUNTY,the COUNTY shall be
reimbursed only for performance rendered or costs incurred in accordance with the terms of
this agreement prior to the effective date of termination. If this agreement is terminated by
the COMMISSION, the COUNTY shall be reimbursed only for performance rendered or costs
incurred in accordance with the terms of this agreement prior to the effective date of
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termination. If the COUNTY terminates this agreement prior to the work plan's approval, or
prior to when the work plan's goals and benchmarks are met, the COUNTY may be subject to
the requirements of RCW 36.70A.735 and related statutory sections.
The COMMISSION may terminate this agreement upon 30-days' prior written notification to
the COUNTY for cause, or for an action which may constitute a material breach of this
contract in accordance with Section 7.0 BREACH:
The COUNTY or the COMMISSION may terminate this agreement upon 60-days' prior written
notification for convenience, without any showing of cause.
7.0 BREACH
The COUNTY shall not be relieved of any liability to the COMMISSION for damages
sustained by the COMMISSION and/or the State of Washington because of any breach of
contract by the COUNTY. The COMMISSION may withhold payments for the purpose of
setoff until such time as the exact amount of damages due the COMMISSION from the
COUNTY is determined. In the event the COUNTY fails to commence work on the project
funded herein within the timelines established under RCW Chapter 36.70A., the COUNTY
shall be subject to the requirements of RCW 36.70A.735.
8.0 ENTIRE AGREEMENT AND CHANGES, MODIFICATIONS AND
AMENDMENTS
This agreement and the attached APPENDICES (APPENDIX A-E) contain the entire
integrated agreement of the parties and may be changed, modified or amended by
written agreement executed by both parties.
9.0 ORDER OF PRECEDENCE
Each of the exhibits listed below is by this reference hereby incorporated into this contract. In
the event of a conflict in such terms, or between the terms and any applicable statute or rule,
the inconsistency shall be resolved by giving precedence in the following order:
■ Applicable Federal and state of Washington statutes and regulations.
■ Mutually agreed written amendments to this Contract.
■ Appendix B — Scope of Work
■ This Contract.
■ Appendix A—General Terms and Conditions
■ Appendix C — Billing Procedure
■ Appendix D — Responsible Individuals
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■ Any other provision, term or material incorporated by reference or otherwise
incorporated.
10.0 APPROVAL
This contract shall be subject to the written approval of representatives of both parties and
shall not be binding until so approved. The contract may be altered, amended, or waived
only by a written amendment executed by both parties.
The signatories to this contract represent that they have the authority to execute this
contract.
11.0 ELECTRONIC SIGNATURE
Parties agree that this Contract and any other documents to be delivered in connection
herewith may be electronically signed, and that any electronic signatures appearing on this
Contract or such other documents are the same as handwritten signatures for the purposes
of validity, enforceability, and admissibility. A signed copy of this Contract or any other
Addenda transmitted by facsimile, email, or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original executed copy of this
Contract or such other Addenda for all purposes.
The use and acceptance of e-signatures and electronic submissions or records must be
consistent with Commission Policy 22-01 and guidance and requirements put in place by
Washington State's Office of the Chief Information Officer(OCIO).The approved technology
to be used for electronic signatures is Adobe Sign.
Electronically signed documents are subject to Records Retention and Maintenance
requirements outlined in Section XII. RECORDS MAINTENANCE of this contract.
WA State Conservation Commission KITTITAS COUNTY
Date Date
James Thompson,
Executive Director NAME AND TITLE
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APPROVED AS TO FORM ONLY
Approval on File 5/16/25
Office of the Attorney General DATE
VSP 2025-27 Biennium Contract Between the WSCC and County- Page 7 of 23
2025-27 Biennium Voluntary Stewardship Program
COMMISSION and COUNTY Agreement
APPENDIX A—GENERAL TERMS AND CONDITIONS
I. DEFINITIONS
Terms used throughout this contract are defined below:
"Agreement" shall mean the contract agreement to which these terms and conditions are
affixed.
"Agent" shall mean any entity to which the COUNTY has assigned responsibilities as
allowed in the agreement.
"Best management practice (BMP)" is a technique designed to protect the air, water, soil,
animals, plants, and humans. BMPs must meet NRCS standards, or alternative practice
designs approved by a licensed professional engineer. NRCS Practice Standards and
Specifications are contained in the USDA NRCS Field Office Technical Guide (FOTG). SCC
also maintains a list of approved practices eligible for cost share for special programs.
"COMMISSION" shall mean the Washington State Conservation Commission, any division,
section, office, including the Office of Farmland Preservation, unit or other entity of the
COMMISSION, or any of the officers or other officials lawfully representing the
COMMISSION.
"Cost-share" is funding used to reimburse landowners for a percentage of the costs
associated with the implementation of Best Management Practice(s) BMP(s). Examples of
costs include, but are not limited to labor, materials, and permits.
"COUNTY" shall mean the County receiving the funds as identified in the agreement that
this Appendix is a part of, and is performing activities under this contract, and shall include
all employees of the COUNTY.
"Current Biennium" shall mean July 1, 2025, through June 30, 2027.
"Five-year report" shall mean written report, provided not later than five years after the
receipt of funding for a participating watershed and every five years thereafter, to the
Executive Director of the COMMISSION and to the COUNTY on whether the COUNTY has
met the COUNTY work plan's protection and enhancement goals and benchmarks, as
described in RCW 36.70A.720 (2) (b) (i) and (c) (i).
"Implement" and "implementation" shall mean to execute any requirements of RCW
36.70A.700-760 and associated statutes.
"Project Officer" shall mean the specific employee of the COMMISSION that is assigned as
the primary contact for purposes of the fulfillment of this agreement.
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"Two-year report" shall mean the written report of the status of plans and
accomplishments that shall be provided to the COUNTY and to the COMMISSION within
sixty days after the end of each biennium, as described in RCW 36.70A.720 (1) 0).
"Voluntary Stewardship Program" and "VSP" shall mean the program established in, and
governed by, RCW 36.70A.700-760 and associated statutes.
"Watershed group" means an entity designated by a county under the provisions of RCW
36.70A.715. Watershed work group, VSP work group, or work group may be used
interchangeably.
"Work group participants" means those volunteer members of the county VSP watershed
work group designated by the COUNTY who are working to implement the work plan and
fulfill ancillary VSP statutory requirements.
"Work plan" means a watershed work plan developed under the provisions of RCW
36.70A.720.
II. DISPUTES
Except as otherwise provided in this contract, any dispute arising under this contract shall
be decided in the following manner:
By the Commission's Project Officer or other designated official who shall provide a
written statement of decision to the COUNTY. The decision of the Project Officer or other
designated official shall be final and conclusive unless, within thirty days from the date the
COMMISSION receives such statement, the COUNTY mails or otherwise furnishes to the
Executive Director of the COMMISSION a written appeal.
An appeal of the Project Officer's decision shall be addressed by the COMMISSION's
Executive Director. The COUNTY shall have the opportunity to meet with the Executive
Director to be heard either in person or by phone and to provide documents in support of
their appeal. The decision of the COMMISSION's Executive Director for the resolution of
such appeals shall be final and conclusive and constitutes a final agency action for the
purposes of the Washington Administrative Procedures Act, RCW 34.05.
Pending final decision of dispute hereunder, the COUNTY shall proceed diligently with the
performance of this contract and in accordance with the decision rendered.
III. GOVERNANCE
This agreement is entered into pursuant to and under the authority granted by the laws of
the state of Washington and any applicable federal laws. The provisions of this agreement
shall be construed to conform to those laws. The COUNTY and any Agent shall comply fully
with all applicable federal, state and local laws, orders, regulations and permits. Any action
brought to enforce the terms of this agreement shall be in the Superior Court for Thurston
County. Except as otherwise provided in this agreement, in the event of litigation or other
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action brought to enforce contract terms, each party agrees to bear its own attorney fees and
costs.
IV. CONTRACTING FOR SERVICES
Purchased goods, services, or public works shall be procured in compliance with State law,
policies, and orders, and the Commission Grants and Contract Policy and Procedure
Manual, including use of a competitive process where required. The COUNTY shall retain
copies of all bids received and contracts awarded, for inspection and use by the
COMMISSION. Retention of copies shall be consistent with time periods established
herein.
V. INDEMNIFICATION
The COMMISSION shall in no way be held responsible for payment of salaries, consultant
fees, and other costs related to the project described herein, except as provided in the scope
of work through the reimbursement procedures described in this agreement.
To the fullest extent permitted by law, the COUNTY shall indemnify, defend and hold
harmless the State of Washington, agencies of the State and all officials, agents and
employees of the State, from and against all claims arising out of or resulting from the
performance of the contract. The COUNTY'S obligation to indemnify, defend, and hold
harmless includes any claim by the COUNTY'S agents, employees, representatives, or any
subcontractor or a subcontractor's employees.
The COUNTY expressly agrees to indemnify, defend, and hold harmless the State of
Washington and the COMMISSION for any claim arising out of or incident to the COUNTY's
or any subcontractor's performance or failure to perform the contract.The COUNTY's
obligation to indemnify, defend, and hold harmless the State of Washington and the
COMMISSION shall not be eliminated or reduced by any actual or alleged concurrent
negligence of the State or its agents, agencies, employees and officials.
The COUNTY waives its immunity under Title 51 RCW (Industrial Insurance) to the extent it is
required to indemnify, defend and hold harmless State and its agencies, officials, agents or
employees.
The COMMISSION shall be responsible for any liability arising from its own actions. However,
any liability by the COMMISSION shall not mitigate the COUNTY's duty to indemnify the
COMMISSION for all claims arising out of its performance of the contract.
VI. RECOVERY OF PAYMENTS
In the event the COUNTY fails, through the failure to exercise reasonable diligence unrelated
to the State's failure to fully fund the stewardship process, to perform obligations required of
it by this contract, the COUNTY may be required to repay to the COMMISSION any funds
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that were spent by the county without exercising reasonable diligence or a portion of funds
disbursed to the COUNTY for those parts of the project that are rendered worthless by such
failure to exercise reasonable diligence.
In the event that the COUNTY fails to expend funds under this contract in accordance with
state laws and/or the provisions of this contract, the COMMISSION reserves the right to
recapture state funds in an amount equivalent to the extent of the noncompliance in addition
to any other remedies available at law or in equity.
Such rights of recapture shall exist for a period of two years following contract termination.
Repayment by the COUNTY of funds under this recapture provision shall occur within 30
days of demand. In the event that the COMMISSION elects to institute legal proceedings to
enforce the recapture provision, the prevailing party in any litigation for"recapture" shall be
entitled to reasonable attorney fees.
VI I. INELIGIBILITY
The COUNTY certifies that neither it nor its principals are presently debarred, declared
ineligible, or voluntarily excluded from participation in transactions by any federal
department or state agency.
VIII. INDEPENDENT RELATIONSHIP
The COUNTY or COUNTY's Agent(s) performing under this contract are not employees or
agents of the COMMISSION. The COUNTY shall not hold themselves out as nor claim to be
an officer or employee of the COMMISSION or of the State of Washington by reason hereof,
nor will the COUNTY make any claim of right, privilege or benefit which would accrue to such
employee under law. Conduct and control of the work outlined in the scope of work shall be
solely with the COUNTY.
IX. KICKBACKS
The COUNTY and its employees and authorized representatives are prohibited from inducing
by any means any person employed or otherwise involved in this project to give up any part
of the compensation to which he/she is otherwise entitled or, receive any fee, commission or
gift in return for award of a subcontract hereunder.
X. INTELLECTUAL PROPERTY
Copyrights and Patents. Should the COUNTY or COUNTY's Agent(s) create any
copyrightable materials or invent any patentable property in the course of the scope of work
governed by this agreement, the COUNTY may copyright or patent the same but shall grant
the COMMISSION a royalty-free, nonexclusive and irrevocable license to reproduce, publish,
recover or otherwise use the material(s) or property and to authorize others to use the same
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for federal, state or local government purposes. Where federal funding is involved, the
federal government may have a proprietary interest in patent rights to any inventions
developed by the COUNTY as provided in 35 U.S.C. H 200-212.
Publications. When the COUNTY, COUNTY's Agent(s), or persons employed by the COUNTY
use or publish information of the COMMISSION; present papers, lectures, or seminars
involving information supplied by the COMMISSION; use logos, reports, maps or other data,
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the
COMMISSION.
XI. PROPERTY MANAGEMENT
The COMMISSION'S Property and Records Management Policy, contained in the
Commission's Grants and Contracts Manual, hereby incorporated by reference, and any
updates thereto, shall control the use and disposition of all real and personal property
purchases wholly or in part with funds furnished by the COMMISSION in the absence of
state, federal statute(s), regulations(s), or policy(s) to the contrary or upon specific
instructions with respect thereto in the scope of work.
XI I. RECORDS MAINTENANCE
The parties to this agreement shall each maintain books, records, documents and other
information which sufficiently and properly reflect all direct and indirect costs expended by
either party in the performance of the services described herein. These records shall be kept
in accordance with the provisions contained on the Secretary of State archives, for records
retention, hereby incorporated by reference, and any updates thereto. These records shall be
subject to inspection, review or audit by personnel of both parties, other personnel duly
authorized by either party, the Office of the State Auditor, federal officials so authorized by
law, and as provided by the state Public Records Act, RCW 42.56.All books, records,
documents, and other material relevant to this agreement will be retained for six years after
expiration and the Office of the State Auditor, federal auditors, and any persons duly
authorized by the parties shall have full access and the right to examine any of these
materials during this period.
XIII. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this
agreement,which can be given effect without the invalid provision if such remainder
conforms to the requirements of applicable law and the fundamental purpose of this
agreement, and to this end the provisions of this agreement are declared to be severable.
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XIV. WAIVER
A failure by either party to exercise its rights under this agreement shall not preclude that
party from subsequent exercise of such rights and shall not constitute a waiver of any other
rights under this agreement unless stated to be such in a writing signed by an authorized
representative of the party and attached to the original agreement.
XV. ACCESSIBILITY REQUIREMENTS
COUNTY will remain current with Federal and Washington State accessibility standards and
comply with OC/OPolicy 188—Accessibility located at
https:Hocio.wa.gov/policy/accessibility.
XVI. CONFLICT OF INTEREST
No officer, official, agent, or employee of either party to this contract who exercises
any function or responsibility in the review, approval, or carrying out of this contract, shall
participate in any decision which affects their personal interest or the interest of any
corporation, partnership or association in which they are, directly or indirectly, interested; nor
shall they have any personal or pecuniary interest, direct or indirect, in this contract or the
proceeds thereof.
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2025-27 Biennium Voluntary Stewardship Program
COMMISSION and COUNTY Agreement
APPENDIX B — SCOPE OF WORK
The scope of the work to be performed by the COUNTY, or its contractors, under this
agreement is the following:
1) Maintain and convene a watershed work group. This includes providing necessary
staff support and facilitation for the watershed group. Assist the watershed group in
the implementation of the approved VSP work plan, including:
A. The COUNTY will organize members of a VSP watershed work group with
representatives from a variety of stakeholder groups including but not limited to
tribes, environmental groups, and agriculture.This should include the organization
of a vetted core watershed work group comprised of a broad representation of key
watershed stakeholders and, at a minimum, representatives of agricultural and
environmental groups and tribes that agree to participate. The COUNTY will
encourage existing lead entities, watershed planning units, or other integrating
organizations to serve as members of the watershed work group.
B. Working closely with the watershed work group and technical service providers to
ensure full compliance with the requirements and intent of VSP.
C. Ensure that every effort is made to maintain effective communication between the
watershed work group, the technical service providers, the COUNTY, local
stakeholders, and participating state and federal agencies and personnel.
D. The COUNTY will develop and/or maintain watershed work group meeting bylaws,
rules, and/or policies.
E. The COUNTY will provide facilitation for watershed work group meetings or other
actions of the watershed group.
2) Implement the VSP work plan, including implementing the requirements of the VSP
and RCW Chapter 36.70A.700-760. Implementation includes:
A. Identifying critical areas and agricultural activities within those critical areas and
their buffers.
B. Identifying a public outreach plan to contact landowners.
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C. Identifying and designating entity(ies) to provide landowner assistance (voluntary
stewardship plans) and facilitating working relationships between those entity(ies)
and landowners.
D. Identifying measurable goals and benchmarks.
E. Reviewing applicable water quality, watershed management, farmland protection,
and required species recovery data to incorporate into VSP work plans.
F. Seeking input from tribes, agencies and stakeholders.
G. Developing goals for participation by agricultural operators conducting
commercial and noncommercial agricultural activities in the watershed necessary
to meet the protection and enhancement benchmarks of the work plan.
H. Ensuring outreach and technical assistance is provided to producers and operators
in the watersheds of the county covered under VSP.
I. Creating measurable benchmarks that,within ten years after receipt of funding, are
designed to result in (i) the protection of critical areas functions and values and (ii)
the enhancement of critical areas functions and values through voluntary,
incentive-based measures.
J. Incorporating into the work plan any existing and/or updated development
regulations relied upon to achieve the goals and benchmarks for protection of
critical areas.
K. Establishing baseline monitoring procedures and protocols for(i) participation and
implementation of voluntary stewardship plans and projects, (ii) stewardship
activities, and (iii) the effects on critical areas and agriculture relevant to protection
and enhancement benchmarks.
L. Developing timelines for periodic evaluations, adaptive management, and provide
written reports of work plan status and/or accomplishments to the COMMISSION.
M. Coordinating monitoring programs with other state agency activities.
N. Meeting any other requirement for the successful implementation of VSP in RCW
36.70A.720.
Deliverables:
1) Maintain and convene a watershed work group that meets regularly and as
necessary for implementation of the county VSP work plan.
VSP 2025-27 Biennium Contract Between the WSCC and County- Page 15 of 23
2) Implement the VSP work plan, including implementing the requirements of the VSP
and RCW Chapter 36.70A.700-760.
1) Two-year status reports. No later than August 30, 2025, provide the written
biennial report to the COMMISSION. The biennial report can provide the status
of plans and accomplishments of the work plan to the COMMISSION and
address how the county conducts periodic evaluations, institutes adaptive
management, and evaluates the status of plans and accomplishments. (Two-year
status reports shall be submitted to the county and to the commission within
sixty days after the end of each fiscal biennium.) The biennial report may include
a summary of how plan implementation is affecting each of the following:
1) The protection and enhancement of critical areas within the area where
agricultural activities are conducted;
2) The maintenance and improvement of the long-term viability of agriculture;
3) Reducing the conversion of farmland to other uses;
4) The maximization of the use of voluntary incentive programs to encourage
good riparian and ecosystem stewardship as an alternative to historic
approaches used to protect critical areas;
5) The leveraging of existing resources by relying upon existing work and plans
in counties and local watersheds, as well as existing state and federal
programs to the maximum extent practicable to achieve program goals;
6) Ongoing efforts to encourage and foster a spirit of cooperation and
partnership among county, tribal, environmental, and agricultural interests
to better assure the program success;
7) Ongoing efforts to improve compliance with other laws designed to protect
water quality and fish habitat; and
8) A description of efforts showing how relying upon voluntary stewardship
practices as the primary method of protecting critical areas does not
therefore require the cessation of agricultural activities.
2) Five-year review and evaluation report. If a Five-year VSP report is due during
this contract period, then no later than the current deadline for submittal of the
report to the COMMISSION, and in conjunction with the county watershed work
group, facilitate, develop, and submit the five-year report to the director of the
COMMISSION. See RCW 36.70A.720 (2) (b) (i) and (c) (i). When submitting the
VSP 2025-27 Biennium Contract Between the WSCC and County- Page 16 of 23
five-year review and evaluation report to the COMMISSION, as per RCW
36.70A.720 and RCW 36.70A.730,the COUNTY agrees to use the COMMISSION'S
Guide and Template. The Template will be provided by the COMMISSION to the
COUNTY.
The five-year report must declare whether the county has met the work plan's
protection and enhancement goals and benchmarks. The five-year review and
evaluation report should include a summary of how plan implementation is
satisfying the following plan elements through VSP implementation:
1) Creation of goals for participation by agricultural operators conducting
commercial and noncommercial agricultural activities in the watershed
necessary to meet the protection and enhancement benchmarks of the work
plan;
2) Outreach and technical assistance are provided to agricultural operators in
the watershed;
3) Measurable benchmarks designed to result in (i) the protection of critical
area functions and values and (ii) the enhancement of critical area functions
and values through voluntary, incentive-based measures are in place;
4) Technical assistance providers are working to ensure that individual
stewardship plans contribute to the goals and benchmarks of the work plan;
5) Any existing and/or updated development regulations relied upon to achieve
the goals and benchmarks for protection are documented;
6) Baseline monitoring procedures and protocols are in place for: (i)
Participation activities and implementation of the voluntary stewardship
plans and projects; (ii) stewardship activities; and (iii) the effects on critical
areas and agriculture relevant to the protection and enhancement
benchmarks developed for the watershed;
7) Assistance is provided to and received from state agencies in monitoring
programs; and
8) Any other reporting requirements of the program are satisfied.
3) The COUNTY agrees that VSP cost-share projects funded using any amount of
COMMISSION VSP funds shall be reported in the Conservation Practices
Database System (CPDS).
VSP 2025-27 Biennium Contract Between the WSCC and County- Page 17 of 23
4) Maintain a Monitoring Plan: The COUNTY agrees that not later than December
31, 2026,the COUNTY will provide to the COMMISSION an update regarding the
status of its monitoring plan, including any changes that have been made since
its original submission prior to or on July 1, 2024. The SCC encourages the
COUNTY to use the Watershed Monitoring Project Development Guide for the
Voluntary Stewardship Program in Washington, Volume III to further develop or
amend the plan, but will not require its use in such amendments.The monitoring
plan shall be designed to continue to facilitate the collection, analysis, and
reporting of information for VSP.
5) Ensure that the COMMISSION has the most recent version of the COUNTY's VSP
work plan by providing to the COMMISSION's Project Officer, identified herein
in APPENDIX D — RESPONSIBLE INDIVIDUALS, the most current version of the
COUNTY's VSP work plan, which includes all attachments and / or appendices.
This can be accomplished by sending the COMMISSION an electronic link which
the COMMISSION can use to download the plan.
6) Provide to the COMMISSION's VSP Contract Manager, no later than 120 days
from the date this agreement is signed by the COUNTY, an Operating budget
designed to ensure all requirements related to VSP implementation are
accounted for during the performance of this agreement, and to ensure that the
two year and five-year reporting requirements will be met.
VSP 2025-27 Biennium Contract Between the WSCC and County- Page 18 of 23
2025-27 Biennium Voluntary Stewardship Program
COMMISSION and COUNTY Agreement
APPENDIX C — BILLING PROCEDURE
The COUNTY shall submit monthly invoices in the form and manner identified by the
COMMISSION to the Commission's VSP Contract Manager:
Nicole Boyes
VSP Contract Manager
Washington State Conservation Commission
P.O. Box 47721
Olympia, WA 98504
Send invoices to: sccgrants@scc.wa.gov
For billing questions, contact: nboyes@scc.wa.gov; phone: 564-669-3149
Invoices will follow procedures outlined in the most current Grants and Contract Policy and
Procedure Manual (Manual). Invoices for payment are due the 20t" of the month. A time
summary for staff costs, including compensation or billing rates, shall be attached. Staff
time billing is to be based on composite rates submitted to SCC, loaded composite rates
are not allowed per the Grants and Contract Procedure Manual. New composite rates must
be submitted for staff changes, raises, or new calendar years. Individual time records will
be kept available at the COUNTY for review, in accordance with the Secretary of State's
document retention schedule of the Secretary of State archives. A copy of any contractor
invoices, or other receipts will be attached to the billing.
Billing shall follow the Contract Outcomes identified on the Contract A19. Outcome 1 will
be all expenses associated with this contract. Subsequent Outcomes 2 and higher will be
identified in Amendments for VSP Capital award funds, and will be for awarded capital fund
Cost Share or DIP projects.
Payment to the COUNTY for approved and completed work will be made by account transfer
by the COMMISSION. Payment will be made to the COUNTY and reference the person
identified at the COUNTY in APPENDIX D — RESPONSIBLE INDIVIDUALS. If County
Responsible Individual changes, County will submit a revised APPENDIX D to the
COMMISSION to the person listed in APPENDIX C - BILLING PROCEDURE herein.
Each invoice submitted to the Commission by the County shall reference this contract
number K2617 and clearly identify the items related to performance under this contract. All
expenses invoiced shall be supported with copies of receipts or paid invoices. All expenses
VSP 2025-27 Biennium Contract Between the WSCC and County- Page 19 of 23
will follow the State Administrative & Accounting Manual (SAAM) guidelines and the SCC
Grants and Contract Policy and Procedure Manual. Any travel will be at the state per diem
rates www.ofm.wa.gov/policy/default.asp. At a minimum, County shall specify and include
the following on invoices:
a. AGENCY Agreement Number K2617
b. The total invoice charge.
c. Contract A19, Summary and Detail pages, signed timesheets, copies of subcontractor
invoices, and receipts.
Initial request for Payment:
County may incur expenses prior to agreement being fully executed. SCC will not reimburse
any expenses until the agreement is fully executed by both parties. County may request
reimbursement back to the effective date of the agreement.
Final Request for Payment:
Upon expiration of the Period of Performance, invoices shall be paid only if received within
30 days after the expiration date. If the Period of Performance ends at the end of the Fiscal
Year, final invoice is due not later than July 10. Invoices for all work done within a fiscal year
must be submitted within 10 days after the end of the fiscal year or WSCC may decline to
pay them.
VSP 2025-27 Biennium Contract Between the WSCC and County- Page 20 of 23
2025-27 Biennium Voluntary Stewardship Program
COMMISSION and COUNTY Agreement
APPENDIX D — RESPONSIBLE INDIVIDUALS
The Project Officer for the COMMISSION is:
Mike Poteet
VSP Coordinator
Washington State Conservation Commission
P.O. Box 47721
Olympia, Washington 98504
564-250-6519
mpoteet@scc.wa.gov
The responsible individual for the COUNTY is:
NAM E:
TITLE:
AGENCY:
MAIL ADDRESS:
CITY, STATE, ZIP:
PHONE:
EMAIL:
The COUNTY Billing Contact (if different than the responsible individual for the COUNTY
above):
NAM E:
TITLE:
AGENCY:
MAIL ADDRESS:
CITY, STATE, ZIP:
PHONE:
EMAIL:
VSP 2025-27 Biennium Contract Between the WSCC and County- Page 21 of 23
County Signature Authority for Contracts
Name
Title
Phone
Email
Signature
County Signature Authority for Invoices
Name
Title
Phone
Email
Signature
County Signature Authority for Timesheets
Name
Title
Phone
Email
Signature
The following section is to be completed if the County will delegate all responsibility for
SCC billing to a subcontracted Technical Service Provider (TSP), and SCC payments will go
directly to that TSP. Delegation language must be included in the County/TSP subcontract
or ILA.
Subcontractor Responsible Party
Name
Title
Organization
Mailing Address
Phone
Email
VSP 2025-27 Biennium Contract Between the WSCC and County- Page 22 of 23
2025-27 Biennium Voluntary Stewardship Program
COMMISSION and COUNTY Agreement
APPENDIX E — Budget
Operating budget
COUNTY should complete this budget form and submit to Commission Contract Manager
as identified in Appendix C. Budget must be approved by the VSP Workgroup prior to
submission. Subtasks listed below are examples and may be modified as needed.
If COUNTY updates or revises their budget after submission to SCC, COUNTY must submit
a copy of the new budget to SCC.
Outcome 1 Operating $290,000
Outcome 1 subtasks
Monitoring Description if needed $
Cost Share $
DIP $
Equipment
Salaries, Benefits, Overhead
Travel
Training and Meetings
Goods and Services
TOTAL (will match $
Outcome 1 Operating
above)
Per Scope of Work Section G, COUNTY will provide to the COMMISSION's VSP Contract
Manager, an Operating budget designed to ensure all requirements related to VSP
implementation are accounted for during the performance of this agreement, and to ensure
that the two year and five-year reporting requirements will be met.
Budget should include Outcome 1 as listed above and provide tasks beneath Outcome 1 as
appropriate, including Cost share and DIP if the COUNTY intends to use Operating funds
for these tasks.
Capital Budget to be Amended upon subsequent awards
If COUNTY is awarded capital funds, subsequent capital awards will be included in an
Amendment to this Contract. Amendments will identify each new award with a new
Outcome. The first Amendment will begin with Outcome 2 and add additional Outcomes
with subsequent awards.
VSP 2025-27 Biennium Contract Between the WSCC and County- Page 23 of 23
KITTITAS COUNTY
COMMUNITY DEVELOPMENT SERVICES
AGENDA STAFF REPORT
AGENDA DATE: July 28, 2025
ACTION REQUESTED: Request to Approve a Resolution Authorizing the Execution of an
Interlocal Agreement between Kittitas County and Kittitas County
Conservation District for Continuing Implementation of the Voluntary
Stewardship Program
BACKGROUND: In 2011, the Kittitas County Board of Commissioners approved an
ordinance electing to participate in the Voluntary Stewardship
Program. This ordinance elected to have Kittitas County proceed with
implementation of the requirements of the Voluntary Stewardship
Program once the Washington State Legislature provides adequate
funding for such activity. The Washington State Legislature has
appropriated Voluntary Stewardship funds for the 2025-2027 budget
for continued implementation of the Voluntary Stewardship Program.
Kittitas County's current Interlocal Agreement with Kittitas County
Conservation District expired on June 30, 2025, and the current
agreement will begin on July 1, 2025, and end on June 30, 2027. This
will allow for continued implementation of the Voluntary
Stewardship Program.
The Washington State Conservation Commission provides funding
for implementation of the Voluntary Stewardship Program. A contract
The Contract with the Washington State Conservation Commission
for the Voluntary Stewardship Program has been previously
approved. This interlocal is the final agreement for management of
the program.
INTERACTION: Community Development Services, Public Works, Kittitas County
Conservation District
RECOMMENDATION: Approve the Resolution Authorizing the Execution of an Interlocal
Agreement between Kittitas County and Kittitas County Conservation
District for Continuing Implementation of the Voluntary Stewardship
Program.
HANDLING: Return one (1) original to Community Development Services.
ATTACHMENTS: Resolution; Interlocal Agreement
LEAD STAFF: Jamey Ayling, Planning Manager
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2025 -
AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN
KITTITAS COUNTY AND KITTITAS COUNTY CONSERVATION DISTRICT FOR
CONTINUING IMPLEMENTATION OF THE VOLUNTARY STEWARDSHIP PROGRAM
WHEREAS: The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the
Revised Code of Washington ("RCW"), provides for public agencies to enter into
agreements for joint or cooperative action authorized under that chapter; and
WHEREAS: The Washington State Legislature, through ESHB 1886, created a Voluntary
Stewardship Program("VSP")for protection of critical areas in areas of agricultural
activities; and
WHEREAS: The Kittitas County Board of County Commissioners approved Ordinance No.
2011-012, An Ordinance Electing to Participate in the Voluntary Stewardship
Program (RCW 36.70A.705), identifying and nominating the Upper Yakima
watershed and the Alkali-Squilchuck watershed as state priority watersheds, and
electing to have Kittitas County proceed with implementation of the requirements
of the Voluntary Stewardship Program once the Washington State Legislature
provides adequate funding for such activity; and
WHEREAS: Kittitas County and the Kittitas County Conservation District previously executed
Interlocal Agreements for the purpose of implementing the Voluntary Stewardship
Program for Kittitas County through Resolution No. 2015-139, 2016-019, 2019-
115,2021-098 and 2023-128; and
WHEREAS: Kittitas County designated Kittitas County Conservation District as the lead entity
of the Voluntary Stewardship Program watershed group through Resolution No.
2016-001; and
WHEREAS: Kittitas County and the Kittitas County Conservation District are agreeable to a new
Interlocal Agreement for the two-year period with minimal edits reflecting the new
biennium between July 1, 2025, and June 30, 2027, to continue implementation of
the Voluntary Stewardship Program; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of
Kittitas County, Washington authorizes the execution of the Interlocal Agreement with the
Kittitas County Conservation District that is attached hereto and incorporated by this
reference.
DATED this 28th day of July 2025, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Laura Osiadacz, Chairman
Cory Wright, Vice-Chairman
Brett Wachsmith, Commissioner
❑ Clerk of the Board- Julie Kjorsvik
❑ Deputy Clerk of the Board- Mandy Buchholz
INTERAGENCY AGREEMENT
BETWEEN
THE KITTITAS COUNTY CONSERVATION DISTRICT
AND
KITTITAS COUNTY
TO IMPLEMENT THE VOLUNTARY STEWARDSHIP PROGRAM
This Agreement is made and entered into by and between the KITTITAS COUNTY
CONSERVATION DISTRICT, hereinafter referred to as "DISTRICT" and KITTITAS
COUNTY, hereinafter referred to as "COUNTY" and is issued pursuant to the Interlocal
Cooperation Act, Chapter 39.34 RCW.
PURPOSE
It is the purpose of this Agreement for the COUNTY to meet its requirements for implementation
of the Voluntary Stewardship Program (VSP)with the DISTRICT. The VSP implemented under
this Agreement shall be consistent with RCW 36.70A.700-760 and related statutes, and shall be
consistent with the agreement between the Conservation Commission and COUNTY for VSP
implementation, incorporated herein by reference. The DISTRICT agrees to implement these
statutory and contractual requirements of the VSP in the COUNTY.
THEREFORE, IT IS MUTUALLY AGREED THAT: the COUNTY will provide funding consistent
with the terms of this Agreement, the policies of the Conservation Commission, and the laws of
the State of Washington; and the DISTRICT will implement the terms of this agreement with the
funding provided consistent with the policies of the Conservation Commission and the laws of the
State of Washington.
DEFINITIONS
Terms used throughout this contract are defined below:
"Agreement" shall mean the agreement to which these terms and conditions are affixed.
"Agent" shall mean any entity to which the DISTRICT has assigned responsibilities as allowed in
the agreement.
"Best management practice (BMP)" is a technique designed to protect the air, water, soil,
animals, plants, and humans. BMPs must meet NRCS standards, or alternative practice designs
approved by a licensed professional engineer. NRCS Practice Standards and Specifications are
contained in the USDA NRCS Field Office Technical Guide (FOTG). SCC also maintains a list of
approved practices eligible for cost share for special programs.
"COMMISSION" shall mean the Washington State Conservation Commission, any division,
section, office, including the Office of Farmland Preservation, unit or other entity of the
COMMISSION, or any of the officers or other officials lawfully representing the COMMISSION.
"Cost-share" is funding used to reimburse landowners for a percentage of the costs associated
with the implementation of Best Management Practice(s) BMP(s). Examples of costs include, but
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 2 of 17
are not limited to labor, materials, and permits.
"COUNTY" shall mean Kittitas County and shall include all employees of the COUNTY. "Current
fiscal year" shall mean July 1, 2025 through June 30, 2027.
"DISTRICT" shall mean Kittitas County Conservation District and shall include all employees of
the DISTRICT.
"Five year report"shall mean written report, provided not later than five years after the receipt of
funding for a participating watershed and every five years thereafter, to the Executive Director of
the COMMISSION and to the COUNTY on whether the COUNTY has met the COUNTY work
plan's protection and enhancement goals and benchmarks, as described in RCW 36.70A.720 (2)
(b) (i) and (c) (i).
"Implement" and "implementation" shall mean to execute any requirements of RCW
36.70A.700-760 and associated statutes.
"Project Officer" shall mean the specific employee of the COMMISSION that is assigned as the
primary contact for purposes of the fulfillment of this agreement.
"Two-year report" shall mean the written report of the status of plans and accomplishments that
shall be provided to the COUNTY and to the Conservation Commission within sixty days after the
end of each biennium, as described in RCW 36.70A.720 (1) U).
"Voluntary Stewardship Program" and "VSP" shall mean the program established in, and
governed by, RCW 36.70A.700-760 and associated statutes.
"Watershed Group" means an entity designated by the COUNTY under the provisions of RCW
36.70A.715.
"Work Group participants" means those volunteer members of the county VSP work group
designated by the COUNTY who are working to implement the work plan and fulfill ancillary VSP
statutory requirements.
"Work plan" means a watershed work plan developed under the provisions of RCW 36.70A.720.
STATEMENT OF WORK
The DISTRICT shall furnish the necessary personnel, equipment, material and/or services and
otherwise do all things necessary for or incidental to performing work set forth in Attachment A-
Scope of Work.
PERIOD OF PERFORMANCE
The period of performance of this Agreement shall begin on July 1, 2025 and end on June 30,
2027, unless terminated sooner herein.
PAYMENT
The parties expect legislative appropriation for VSP shall not exceed $290,000 including costs
for COUNTY administration of the agreement. Payment for satisfactory performance of the work
accomplished by the DISTRICT under this agreement shall not exceed $283,000.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 3 of 17
METHOD OF PAYMENT
Payment shall be made on a reimbursable basis for costs or obligations. Eligible costs incurred by
the DISTRICT will be considered to have been paid by the DISTRICT under this contract at the
time the DISTRICT seeks reimbursement from the COUNTY. No payments in advance of or in
anticipation of goods or services to be provided under this agreement shall be made by the
COUNTY. The DISTRICT must fully comply with BILLING PROCEDURES to be eligible for
reimbursement.
BILLING PROCEDURES
The DISTRICT shall submit monthly invoices in the form and manner identified by the
Conservation Commission to the County's VSP Contract Manager:
Zack DeHaven, Budget& Finance Director
Kittitas County Auditor
205 W 5th Ave. Suite 105
Ellensburg WA 98926
Invoices for payment shall be submitted monthly. An invoice shall be submitted regardless of
whether work has been performed on the project, this is considered a "No Activity" Invoice. A time
summary for staff costs, including compensation or billing rates, shall be attached.
Individual time records will be kept available at the DISTRICT for review, in accordance with the
Secretary of State's document retention schedule of the Secretary of State archives. A copy of
any contractor invoices, or other receipts will be attached to the billing.
Payment to the DISTRICT for approved and completed work will be made by the COUNTY
monthly upon receipt of the invoice for reimbursement.
Final Request for Payment: The DISTRICT must submit final requests for compensation during
the current fiscal year no later than July 10th after the end of the current fiscal year. Failure to
comply with this timeline may result in denial of any such claim.
ELIGIBLE COSTS
Eligible costs are limited to those listed below:
• Salaries and benefits, 25% indirect of salaries and benefits is allowed on DISTRICT
personnel or any subcontractor personnel designated by the DISTRICT to qualify for
indirect costs.
■ Travel, including mileage and per diem for program staff, consistent with state law.
Travel and expenses paid directly to work group participants is not allowed.
■ Meeting rooms and light refreshments for working meetings. If light refreshments will be
provided for meetings a Meeting Expense Authorization form needs to be approved prior
to the purchase of the refreshments and approved by an authorized signatory. Light
refreshments are defined as: an edible item that may be served between meals, for
example, doughnuts, sweet rolls, and pieces of fruit or cheese. A list of meeting attendees
and an agenda are also required to be eligible for reimbursement.
■ Facilitation, reports, studies, research and document preparation, which may be
accomplished through either staff efforts or qualified contractors. Contractor services shall
conform to ordinary billing rates and overhead multipliers for the type and location of the
services.
• Copy and printing costs.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 4 of 17
■ Equipment. The COUNTY and DISTRICT agree and understand that pre-approval by the
COMMISSION is required for equipment purchases over$2,000. All equipment should be
directly related to the activities of the watershed group and the implementation of the VSP.
Equipment may include, but is not limited to, computers, data base software, and GIS
software. The COUNTY and DISTRICT agree to use the COMMISSION's VSP
Equipment Request form (https://www.formstack.com/forms/?4320646-BuPBLSvaEi)for
equipment purchases over$2,000. The DISTRICT will retain and use the equipment for the
purposes authorized in this contract for as long as needed, whether or not the project
continues to be supported by COUNTY or COMMISSION funds.
COST-SHARE PROGRAMS AND DISTRICT IMPLEMENTED PROJECTS
Both the COUNTY and DISTRICT agree and understand if a cost-share program is offered or a
District Implemented Project (DIP) is planned as part of VSP implementation, in order achieve
the goals and objectives of the county work plan and RCW Chapter 36.70A, Conservation
Commission cost-share and DIP policies and procedures as the entity providing the funding shall
be abided by.
Both the COUNTY and DISTRICT agree if a cost-share program is offered or DIP is planned
utilizing Conservation Commission funding, the COUNTY and the DISTRICT agree to receive
training regarding Conservation Commission cost-share and DIP policies and procedures, from
Conservation Commission staff, priorto using VSP funds for a cost-share program or DIP. If
cost share funding is provided or DIP completed without Conservation Commission training on
the use of cost share or DIP funding, there is no guarantee that reimbursement will occur.
DUPLICATION OF BILLED COSTS
The DISTRICT shall not bill the COUNTY for services performed under this agreement, and the
COUNTY shall not pay the DISTRICT, if the DISTRICT is entitled to payment, or has been, or
will be paid, by any other source, including grants, for that service.
FUNDING CONTINGENCY
The COUNTY'S ability to make payments is contingent on availability of funding. In the event
funding from the state is withdrawn, reduced, limited or otherwise determined by the COUNTY to
be inadequate in any way after the effective date and prior to completion or expiration date of this
agreement, the COUNTY, at its sole discretion, may elect to terminate the agreement, in whole or
part, for convenience or to renegotiate the agreement subject to new funding limitations and
conditions. The COUNTY may also elect to suspend performance of the agreement until the
COUNTY determines the funding insufficiency is resolved. Should the COUNTY determine funding
needs to be reduced, the COUNTY will provide 30-days' notice of an intent to reduce the amount
of funding available under this agreement.
DISALLOWED COSTS
The DISTRICT is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors(such as consultants), and Assignees. If the
DISTRICT expends more than the amount of the Conservation Commission funding in this
agreement in anticipation of receiving additional funds from the COUNTY or the Conservation
Commission, it does so at its own risk. The COUNTY is not legally obligated to reimburse the
DISTRICT for costs incurred in excess of this agreement.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 5 of 17
INSUFFICIENT FUNDS
The obligation of the COUNTY to make payments is contingent on the availability of state and
federal funds through legislative appropriation and state allotment. When this contract crosses
over state fiscal years the obligation of the COUNTY is contingent upon the appropriation of
funds during the next fiscal year. The failure of the legislature or federal agencies to appropriate
or allot such funds to the program shall be good cause to terminate this contract.
ASSIGNMENT
The DISTRICT may not assign this contract. The DISTRICT may however, delegate the work
to be completed under this agreement to an Agent. Any such Agent shall comply with the
requirements of this agreement. Within any such delegation the DISTRICT shall remain liable for
any claim arising thereunder, and the DISTRICT shall remain responsible for compliance with
this agreement and RCW 36.70A.700-735, and with all applicable Federal, State and local laws,
orders, regulations and permits. DISTRICT retains the right to subcontract any portion or
portions of the work as it deems necessary to complete the work.
THIRD PARTY BENEFICIARY
Both COUNTY and the DISTRICT agree that they intend for the Conservation Commission to
be a third-party beneficiary of this agreement. The parties agree that this agreement
implements the VSP, in whole or in part, under the COUNTY'S agreement with the
Commission and so obligations under this agreement run directly to the Commission as a
third-party beneficiary.
AGREEMENT MANAGEMENT
Each party shall assign a specific individual to be responsible for and shall be the contact
person for all communications and billings regarding the performance of this Agreement. If for
any reason the individuals change,the parties agree to immediately identify and notify each
other of another in writing of the new responsible individual for this agreement.
The Agreement Manager for the DISTRICT is:
NAME Anna Lael
TITLE: District Manager
MAIL ADDRESS: 2211 W Dolarway Road, Suite 4
CITY, STATE ZIP: Ellensburg WA 98926
PHONE: 509-925-3352 ext.7
EMAIL: anna.lael@kccd.net
The Agreement Manager for the COUNTY is:
NAME Chad Bala
TITLE: Community Development Services Director
MAIL ADDRESS: 411 N Ruby, Suite 2
CITY, STATE ZIP: Ellensburg WA 98926
PHONE: 509-962-7506
EMAIL: Chad.Bala@co.kittitas.wa.us
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 6 of 17
ASSURANCES
This agreement is entered into pursuant to and under the authority granted by the laws of the state
of Washington and any applicable federal laws. The provisions of this agreement shall be
construed to conform to those laws. The DISTRICT and any Agent shall comply fully with all
applicable federal, state and local laws, orders, regulations and permits. Any action brought to
enforce the terms of this agreement shall be in the Superior Court for Kittitas County. Except as
otherwise provided in this agreement, in the event of litigation or other action brought to enforce
contract terms, each party agrees to bear its own attorney fees and costs.
DISPUTES
Except as otherwise provided in this contract, any dispute arising under this contract shall
be decided in the following manner:
By the COUNTY'S Agreement Manager or other designated official who shall provide a written
statement of decision to the DISTRICT. The decision of the Agreement Manager or other
designated official shall be final and conclusive unless, within thirty days from the date the
DISTRICT receives such statement, the DISTRICT mails or otherwise furnishes to the COUNTY
Board of Commissioners a written appeal.
An appeal of the Agreement Manager's decision shall be addressed by the COUNTY Board of
Commissioners. The DISTRICT shall have the opportunity to meet with the COUNTY Board of
Commissioners to be heard either in person or by phone and to provide documents in support of
their appeal. The decision of the COUNTY Board of Commissioners for the resolution of such
appeals shall be final and conclusive and constitutes a final agency action for the purposes of the
Washington Administrative Procedures Act, RCW 34.05.
Pending final decision of dispute hereunder, the DISTRICT shall proceed diligently with the
performance of this contract and in accordance with the decision rendered.
GOVERNANCE
This agreement is entered into pursuant to and under the authority granted by the laws of the state
of Washington and any applicable federal laws. The provisions of this agreement shall be
construed to conform to those laws. The DISTRICT and any Agent shall comply fully with all
applicable federal, state and local laws, orders, regulations and permits. Any action brought to
enforce the terms of this agreement shall be in the Superior Court for Kittitas County. Except as
otherwise provided in this agreement, in the event of litigation or other action brought to enforce
contract terms, each party agrees to bear its own attorney fees and costs.
CONTRACTING FOR SERVICES
Contracts for personal services, purchased services/goods, and public works shall be awarded
through a competitive process, if required by State law. The DISTRICT shall retain copies of all
bids received and contracts awarded, for inspection and use by the COUNTY. Retention of
copies shall be consistent with time periods established herein.
INDEMNIFICATION
The COUNTY shall in no way be held responsible for payment of salaries, consultant fees, and
other costs related to the project described herein, except as provided in the scope of work
through the reimbursement procedures described in this agreement.
To the fullest extent permitted by law, the DISTRICT shall indemnify, defend and hold harmless
the State of Washington, agencies of the State and all officials, agents and
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 7 of 17
employees of the State, from and against all claims arising out of or resulting from the
performance of the contract. The DISTRICT'S obligation to indemnify, defend, and hold harmless
includes any claim by the DISTRICT'S agents, employees, representatives, or any subcontractor
or a subcontractor's employees.
The DISTRICT expressly agrees to indemnify, defend, and hold harmless the State of
Washington and the COUNTY for any claim arising out of or incident to the DISTRICT's or any
subcontractor's performance or failure to perform the contract. The DISTRICT's obligation to
indemnify, defend, and hold harmless the State of Washington and the COUNTY shall not be
eliminated or reduced by any actual or alleged concurrent negligence of the State or its agents,
agencies, employees and officials.
The DISTRICT waives its immunity under Title 51 RCW (Industrial Insurance) to the extent it is
required to indemnify, defend and hold harmless State and its agencies, officials, agents or
employees.
The COUNTY shall be responsible for any liability arising from its own actions. However, any liability
by the COUNTY shall not mitigate the DISTRICT's duty to indemnify the COUNTY for all claims
arising out of its performance of the contract.
INELIGIBILITY
The DISTRICT certifies that neither it nor its principals are presently debarred, declared ineligible,
or voluntarily excluded from participation in transactions by any federal department or state
agency.
INDEPENDENT RELATIONSHIP
The DISTRICT or DISTRICT's Agent(s) performing under this contract are not employees or
agents of the COUNTY. The DISTRICT shall not hold themselves out as nor claim to be an
officer or employee of the COUNTY or of the State of Washington by reason hereof, nor will the
DISTRICT make any claim of right, privilege or benefit which would accrue to such employee
under law. Conduct and control of the work outlined in the scope of work shall be solely with the
DISTRICT.
KICKBACKS
The DISTRICT and its employees and authorized representatives are prohibited from inducing by
any means any person employed or otherwise involved in this project to give up any part of the
compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in
return for award of a subcontract hereunder.
INTELLECTUAL PROPERTY
Copyrights and Patents. Should the DISTRICT or DISTRICT's Agent(s)create any copyrightable
materials or invent any patentable property in the course of the scope of work governed by this
agreement, the DISTRICT may copyright or patent the same but shall grant the COUNTY a
royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use
the material(s)or property and to authorize others to use the same for federal, state or local
government purposes. Where federal funding is involved, the federal government may have a
proprietary interest in patent rights to any inventions developed by the DISTRICT as provided in
35 U.S.C. §§ 200-212.
Publications. When the DISTRICT, DISTRICT's Agent(s), or persons employed by the DISTRICT
use or publish information of the COMMISSION; present papers, lectures, or seminars involving
information supplied by the COMMISSION; use logos, reports, maps or other data, in printed
reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the COMMISSION.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 8 of 17
PROPERTY MANAGEMENT
The COMMISSION'S Property and Records Management Policy, contained in the Commission's
Grants and Contracts Manual, hereby incorporated by reference, and any updates thereto, shall
control the use and disposition of all real and personal property purchases wholly or in part with
funds furnished by the COMMISSION in the absence of state, federal statute(s), regulations(s),
or policy(s)to the contrary or upon specific instructions with respect thereto in the scope of work.
RECORDS MAINTENANCE
The parties to this agreement shall each maintain books, records, documents and other
information which sufficiently and properly reflect all direct and indirect costs expended by either
party in the performance of the services described herein. These records shall be kept in
accordance with the provisions contained on the Secretary of State archives website, for records
retention, hereby incorporated by reference, and any updates thereto. These records shall be
subject to inspection, review or audit by personnel of both parties, other personnel duly authorized
by either party, the Office of the State Auditor, federal officials so authorized by law, and as
provided by the state Public Records Act, RCW 42.56. All books, records, documents, and other
material relevant to this agreement will be retained for six years after expiration and the Office of
the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full
access and the right to examine any of these materials during this period.
ACCESSIBILITY REQUIREMENTS
DISTRICT will remain current with Federal and Washington State accessibility standards and
comply with OCIO Policy 188- Accessibility.
SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this agreement, which
can be given effect without the invalid provision if such remainder conforms to the requirements
of applicable law and the fundamental purpose of this agreement, and to this end the provisions
of this agreement are declared to be severable.
WAIVER
A failure by either party to exercise its rights under this agreement shall not preclude that party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this agreement unless stated to be such in a writing signed by an authorized
representative of the party and attached to the original agreement.
BREACH
The DISTRICT shall not be relieved of any liability to the COUNTY for damages sustained by the
COUNTY and/or the State of Washington because of any breach of contract by the DISTRICT.
The COUNTY may withhold payments for the purpose of setoff until such time as the exact amount
of damages due the COUNTY from the DISTRICT is determined.
TERMINATION
The DISTRICT may terminate this agreement upon 30-days' prior written notification to the
COUNTY. If this agreement is terminated by the DISTRICT, the DISTRICT shall be
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 9 of 17
reimbursed only for performance rendered or costs incurred in accordance with the terms of this
agreement prior to the effective date of termination.
The COUNTY may terminate this agreement upon 30-days' prior written notification to the
DISTRICT for cause, or for any reason or combination of reasons listed below, each of which
constitute a breach of this contract in accordance with Section 7.0 BREACH:
• -Failure to complete the requirements of Attachment A- SCOPE OF WORK in a
reasonable time frame, or for the reasons listed in FUNDING AVAILABILITY above.
• The failure to provide timely quarterly status reports.
• The failure to abide by the conditions related to the administration of a cost-share
program.
• The failure to provide an estimate of the final anticipated costs associated with the
completion of this agreement through June 30, 2027 to the COUNTY's VSP agreement
manager.
• The failure of the DISTRICT to fully comply with the BILLING PROCEDURE.
The DISTRICT or the COUNTY may terminate this agreement upon 60-days' prior written
notification for convenience, without any showing of cause.
ENTIRE AGREEMENT AND CHANGES, MODIFICATIONS AND AMENDMENTS
This agreement and Attachments A and B contain the entire integrated agreement of the
parties may be changed, modified or amended by written agreement executed by both
parties.
EFFECTIVE DATE
The effective date of this Agreement shall be the last date of signature.
IN WITNESS WHEREOF, the parties have executed this Agreement.
KITTITAS COUNTY CONSERVATION KITTITAS COUNTY
DISTRICT
Signature Signature
Title Date Title Date
Approved as to form:
County Prosecuting Attorney
Signature Date
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY•Page 10 of 17
Interlocal Agreement
DISTRICT and COUNTY Agreement on
Implementation of the Voluntary Stewardship Program
Attachment A
STATEMENT OF WORK
The DISTRICT will be the entity responsible for administering VSP funds and coordinating the VSP
watershed group, under RCW 36.OA.715 (1) (b).
The primary goals of the scope of work are to:
1. Organize, convene, and maintain a watershed work group. This includes providing necessary
staff support and facilitation for the watershed group. Assist the watershed group in the
implementation of the approved VSP work plan, including:
a) The DISTRICT will organize members of a VSP watershed group with representatives from
a variety of stakeholder groups including but not limited to tribes, environmental groups,
and agriculture. Organization of a vetted core watershed group comprised of a broad
representation of key watershed stakeholders and, at a minimum, representatives of
agricultural and environmental groups and tribes that agree to participate. The DISTRICT
will encourage existing lead entities, watershed planning units, or other integrating
organizations to serve as the watershed group.
b) Working closely with the watershed group and technical service providers to ensure full
compliance with the requirements and intent of VSP.
c) Ensure that every effort is made to maintain effective communication between the
watershed group, the technical service providers, the DISTRICT, local stakeholders, and
participating state and federal agencies and personnel.
d) The DISTRICT will develop and/or maintain watershed group meeting bylaws, rules, and/or
policies.
e) The DISTRICT will provide facilitation for watershed group meetings or other actions of the
watershed group.
2. Implement the VSP work plan. Implement the requirements of the VSP and RCW 36.70A.700-
760. Implementation includes:
a) Identifying critical areas and agricultural activities within those critical areas.
b) Identifying a public outreach plan to contact landowners.
c) Identifying and designating entity(ies)to provide landowner assistance (voluntary
stewardship plans) and facilitating working relationships between those entity(ies) and
landowners.
d) Identifying measurable programmatic and implementation goals and benchmarks.
e) Reviewing applicable water quality, watershed management, farmland protection, and
required species recovery data to incorporate into VSP work plans.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 11 of 17
f) Seeking input from tribes, agencies and stakeholders.
g) Developing goals for participation by agricultural operators conducting commercial and
noncommercial agricultural activities in the watershed necessary to meet the protection and
enhancement benchmarks of the work plan.
h) Ensuring outreach and technical assistance is provided to producers and operators in the
various watersheds of the county covered under VSP.
i) Creating measurable benchmarks that, within ten years after receipt of funding, are
designed to result in (i)the protection of critical areas functions and values and (ii) the
enhancement of critical areas functions and values through voluntary, incentive-based
measures.
j) Incorporating into the work plan any existing development regulations relied upon to achieve
the goals and benchmarks for protection of critical areas.
k) Establishing baseline monitoring procedures and protocols for(i) participation and
implementation of voluntary stewardship plans and projects, (ii)stewardship activities, and
(iii)the effects on critical areas and agriculture relevant to protection and enhancement
benchmarks.
1) Developing timelines for periodic evaluations, adaptive management, and provide written
reports of plan status and/or accomplishments to the COMMISSION.
m) Coordinating monitoring programs with other state agency activities.
n) Meeting any other requirement for the successful implementation of VSP in RCW
36.?OA.720.
Task 1: VSP Management and Administration
A. The DISTRICT will manage and administer all aspects of the work described in this scope of
work. The DISTRICT will work closely with the COUNTY to ensure full compliance with the
requirements and intent of VSP. Responsibilities will include but not be limited to(1)submittal
of vouchers and invoices, (2) maintenance of records, (3)preparation of progress reports, (4)
compliance with applicable procurement and contracting procedures and laws, (5)compliance
with requirements of this Agreement.
Deliverables:
1. Effective management and administration of the project.
2. Maintenance of all project records.
3. Timely submission of all required performance items such as vouchers, fiscal records and
quarterly progress reports.
4. Timely signature of a funding agreement with the COUNTY.
5. Ensure that the COMMISSION has the most recent version of the COUNTY's VSP
work plan.
6. Provide to the COMMISSION's VSP Contract Manager, no later than 120 days from the date this
agreement is signed by the DISTRICT, an implementation budget designed to ensure all
requirements related to VSP implementation are accounted for during the performance of this
agreement, and to ensure that the two year and five-year reporting requirements will be met.
Task 2: Watershed Group Organization and Facilitation
A. The DISTRICT will organize members of a VSP watershed group with representatives from a
variety of stakeholder groups including but not limited to tribes, environmental groups, and
agriculture as selected by the COUNTY Board of Commissioners.
B. The DISTRICT will develop and/or maintain meeting bylaws/rules/policies.
C. The DISTRICT will provide facilitation (either in-house or consultant)for VSP watershed group
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 12 of 17
meetings.
D. The DISTRICT will ensure that every effort is made to maintain effective communication between
the VSP watershed group, the COUNTY, local stakeholders, and participating state and federal
agency personnel.
Deliverables:
1. Organization of a vetted core VSP watershed group comprised of a broad representation of key
watershed stakeholders and, at a minimum, representatives of agricultural and environmental
groups and tribes that agree to participate. The DISTRICT will encourage existing lead
entities, watershed planning units, or other integrating organizations to serve as the
watershed group.
2. Establish current, well-developed meeting bylaws/ rules/ policies.
3. Facilitation of meetings and other actions of VSP Watershed Group including communications,
agendas, minutes, etc.
4. Meetings, as necessary for implementation of the COUNTY VSP work plan, of VSP Watershed
Group voting members and interested public.
Task 3: Outreach to Producers and the Public
A. The DISTRICT will utilize existing outreach tools (e.g. the DISTRICT's newsletter) to the extent
possible to keep COUNTY landowners and the public informed as to the status of implementation
of the VSP work plan.
B. The DISTRICT will continually encourage public and landowner input into the VSP Work Plan
implementation process.
C. The DISTRICT will maintain a webpage for VSP process. This webpage will include program
description, goals,and products for public review. It will also include meeting minutes, dates and
agendas for future meetings.
D. Public informational meetings will be held as needed.
E. Additional public outreach will be determined by the watershed group.
Deliverables:
1. Robust public outreach using existing and/or new outreach tools.
2. Develop and maintain webpage for VSP implementation.
3. Public informational meetings as needed/required.
4. Additional public contact to be determined.
Task 4: Implement VSP Watershed Plan
A. The DISTRICT will facilitate and assist the VSP watershed group to implement the approved VSP Work
Plan as per RCW 36.70A.720. They will continue to:
a. Identify measurable programmatic and implementation goals and benchmarks.
b. Review and incorporate applicable water quality, watershed management, farmland protection,
and required species recovery data and plans. RCW
36.70A.720 (1)(a).
c. Seek input from tribes, agencies and stakeholders. RCW 36.70A.720 (1)(b).
d. Develop goals for participation by agricultural operators conducting commercial and
noncommercial agricultural activities in the watershed necessary to meet the protection and
enhancement benchmarks of the work plan. RCW 36.70A.720 (1)(c).
e. Ensure outreach and technical assistance is provided to producers and operators in the various
watersheds. RCW 36.70A.720 (1)(d).
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 13 of 17
f. Create measurable benchmarks that, within ten years after receipt of funding, are designed to
result in (a)the protection of critical areas functions and values and (b)the enhancement of
critical areas functions and values through voluntary, incentive-based measures.
RCW36.70A.720 (1)(e).
g. Incorporate into the work plan any existing development regulations relied upon to achieve the
goals and benchmarks for protection of critical areas. RCW 36.70A.720 (h).
h. Develop timeline for periodic evaluations, adaptive management, and provide written reports of
plan status/accomplishments to the COUNTY and the Washington State Conservation
Commission.
i. Meet any other requirement for the successful implementation of VSP in RCW 36.70A.720.
Deliverables:
1. The DISTRICT will provide technical assistance to operators/producers including producing
stewardship plans to identify critical areas and potential stewardship (best management)
practices that protect and/or enhance critical areas.
2. The District will provide additional technical assistance and financial assistance to producers
working to implement stewardship practices when funding is available.
Task 5: Monitoring and Reporting
The DISTRICT will assist the Watershed Group in continued development of a timeline for periodic
evaluations, adaptive management, and provide written reports of plan status/accomplishments to the
COUNTY and the Washington State Conservation Commission.
A. The DISTRICT will coordinate monitoring programs with other state agency
activities.
B. The DISTRICT will implement the requirements of the VSP and RCW Chapter 36.OA.700-760.
a. Two-year status reports. No later than August 30, 2025, provide the written biennial report to
the COMMISSION. The biennial report must provide the status of plans and
accomplishments of the work plan to COMMISSION. The biennial report should include a
summary of how plan implementation is affecting each of the following:
1. The protection and enhancement of critical areas within the area where agricultural
activities are conducted.
2. The maintenance and improvement of the long-term viability of agriculture.
3. Reducing the conversion of farmland to other uses.
4. The maximization of the use of voluntary incentive programs to encourage good
riparian and ecosystem stewardship as an alternative to historic approaches used to
protect critical areas.
5. The leveraging of existing resources by relying upon existing work and plans in
counties and local watersheds, as well as existing state and federal programs to the
maximum extent practicable to achieve program goals.
6. Ongoing efforts to encourage and foster a spirit of cooperation and partnership
among county, tribal, environmental, and agricultural interests to better assure the
program success.
7. Ongoing efforts to improve compliance with other laws designed to protect water
quality and fish habitat; and
8. A description of efforts showing how relying upon voluntary stewardship practices as
the primary method of protecting critical areas and does not require the cessation of
agricultural activities.
b. Five-year review and evaluation report. If a Five-year VSP report is due during this contract
period, than no later than the current deadline for submittal of the report to the
COMMISSION, and in conjunction with the county watershed group, facilitate, develop,
assist and submit the five year report to the director of the COMMISSION. See RCW
36.70A.720 (2) (b)(i)and (c)(i). When submitting the five-year review and evaluation report
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 14 of 17
to the COMMISSION, as per RCW 36.70A.720 and RCW 36.70A.730, the COUNTY agrees
to use the COMMISSION'S Guide and Template. The Template will be provided or made
available by the COMMISSION to the COUNTY.
c. At five-year intervals from the date of receipt of funding, each county watershed group
must submit a report to the director of the Commission and the COUNTY on whether it
has met the work plan's protection and enhancement goals and benchmarks. The five-
year review and evaluation report should include a summary of how plan implementation is
satisfying the following plan elements through VSP implementation:
1. Creation of goals for participation by agricultural operators conducting commercial and
noncommercial agricultural activities in the watershed necessary to meet the
protection and enhancement benchmarks of the work plan.
2. Ensure outreach and technical assistance is provided to agricultural operators in the
watershed.
3. Create measurable benchmarks that, within ten years after the receipt of funding, are
designed to result in (i)the protection of critical area functions and values and (ii)the
enhancement of critical area functions and values through voluntary, incentive-based
measures.
4. Work with the entity providing technical assistance to ensure that individual
stewardship plans contribute to the goals and benchmarks of the work plan.
5. Incorporate into the work plan any existing development regulations relied upon to
achieve the goals and benchmarks for protection.
6. Establish baseline monitoring for: (i) Participation activities and implementation of the
voluntary stewardship plans and projects; (ii)stewardship activities; and (iii)the effects
on critical areas and agriculture relevant to the protection and enhancement
benchmarks developed for the watershed.
7. Assistance is provided to and received from state agencies in monitoring programs;
and
8. Any other reporting requirements of the program are satisfied.
C. Maintain a monitoring Plan: The DISTRICT agrees that not later than December 31, 2026, the
DISTRICT will provide to the COUNTY an update regarding the status of its monitoring plan,
including any changes that have been made since its original submission prior to or on July 1,
2024. The SCC encourages the DISTRICT to use the Watershed Monitoring Project
Development Guide for the VSP in Washington, Volume III to further develop or amend the plan,
but will not require its use in such amendments. The monitoring plan shall be designed to
continue to facilitate the collection, analysis, and reporting of information for VSP.
Deliverables:
1. DISTRICT will complete the Two-year status report no later than August 30, 2025 and
provide to the COMMISSION.
2. DISTRICT will facilitate continued regular communication with the State
Technical Panel and the Watershed Group.
3. District will maintain ongoing database of implemented stewardship practices for
future 5-year reporting purposes.
4. DISTRICT will provide to the COUNTY an update not later than December 31, 2026, regarding the
status of its monitoring plan.
5. Ensure the COMMISSION has the most recent version of the COUNTY's VSP work plan by
providing the COUNTY the most current version of the VSP work plan, which includes all
attachments and/or appendices.
Task 6: District Implemented and/or Cost Share Projects
A. The DISTRICT will complete the necessary training through the Conservation Commission prior to
offering cost share programs to landowners or planning District Implemented Projects (DIP) led by
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 15 of 17
the DISTRICT.
B. The DISTRICT will gain prior approval from the Watershed Group for cost share or DIPs.
C. The DISTRICT will implement any Watershed Group approved cost share project or DIP consistent
with the Conservation Commission requirements as stated in the SCC Grant and Contract
Procedure Manual.
D. The DISTRICT agrees that VSP cost-share projects funded using any amount of COMMISSION
VSP funds shall be reported in the Conservation Practices Database System (CPDS).
Deliverables:
1. DISTRICT will gain approved from the Watershed Group for cost share projects and DIPs as
needed.
2. DISTRICT will provide all Conservation Commission required documents to the COUNTY along
with any reimbursement request that includes cost share project or DIP expenses.
3. Cost-share projects or DIPs funded using any amount of COMMISSION VSP funds shall be
reported in the Conservation Practices Database System (CPDS) by the DISTRICT.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY-Page 16 of 17
Voluntary Stewardship Program
Interlocal Agreement
DISTRICT and COUNTY Agreement
Attachment B
EST/MATED BUDGET
Task Budget
FY 2026 FY 2027 Total
Task 1: Administration of Voluntary Stewardship $2,101 $2,154 $4,255
Program Agreement
Task 2: Watershed Group Organization and $4,663 $4,802 $9,465
Facilitation
Task 3: Outreach to Producers and Public $11,284 $11,605 $22,889
Task 4: Implement VSP Watershed Plan $54,926 $56,434 $111,360
Task 5: Monitoring and Reporting $62,636 $64,395 $127,031
Task 6: District Implemented and/or Cost Share $7,500 $7,500 $15,000
Projects
TOTAL $143,110 $146,890 $290,000
Object Budget
FY 2026 FY 2027 Total
Salaries and Benefits (148 hours/month) $96,148 $98,552 $194,700
Indirect(25%) $24,037 $24,368 $48,675
Goods & Services $12,025 $12,600 $24,625
Travel(mileage, per diem) $1,400 $1,600 $3,000
Equipment(monitoring equipment, etc) $2,000 $2,000 $4,000
District Implemented or Cost Share Projects $7„500 $7,500 $15,000
TOTAL $143,110 $16,890 $290,000
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY•Page 17 of 17