HomeMy WebLinkAboutRes-2019-115 InterlocalBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2019 -\ 15
A Resolution to Authorize the Execution of an Interlocal Agreement Between Kittitas County
and Kittitas County Conservation District for hnplementation 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 and Interlocal Agreements approved on August 21, 2017 and March 5,
2019;and
WHEREAS, Kittitas County and the Kittitas County Conservation District are agreeable to a
new lnterlocal Agreement for the two-year period between July 1, 2019 and June
30, 2021 to continue implementation of the Voluntary Stewardship Program; and
WHEREAS, the Board of County Commissioners of Kittitas County authorized the execution
of this Interlocal Agreement by action taken at a regular meeting.
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED, 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.
ADOPTED this 2nd day of ___ J---'u=ly.,__ ___ ____,;• 2019
ATTEST:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
APPROVED AS TO FORM:
.,)!C lerk of the Board-J ul ie Kj orsvik
D D ep uty Clerk of the Board-Mandy Buchholz
Neil Caulkins, Deputy Prosecuting Attorney
INTERAGENCY AGREEMENT
BETWEEN
THE KITTITAS COUNTY CONSE RVAT ION 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 lnterlocal
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 Conservatino
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). sec
also maintains a list of approved practices eligible for cost share for special programs.
"Bienneium" shall mean the 2-year period between July 1, 2019 and June 30, 2021.
Page 1 of 15
"Conservation Commission" shall mean the Washington State Conservation Commission,
any division, section, office, including the Office of Farmland Preservation, unit or other entity
of the Conservation Commission, or any of the officers or other officials lawfully representing
the Conservation 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 Kittitas County and shall include all employees of the COUNTY.
"Current fiscal year" shall mean July 1, 2019 through June 30, 2020.
"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 Conservation 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.?0A.720 (2) (b) (i) and (c) (i).
"Implement" and "implementation" shall mean to execute any requirements of RCW
36.?0A.700-760 and associated statutes.
'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.?0A.700-760 and associated statutes.
"Watershed Group" means an entity designated by a county under the provisions of RCW
36.?0A.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.?0A.720.
STATEMENT OF WORK
The DISTRICT shall furnish the necessary personnel, equipment, material and/or services
and otherwise do all things necessary for or incedental to performing work set forth in
Attachment A-Scope of Work.
PERIOD OF PERFORMANCE
The period of performance of this Agreement shall begin on the date of final signing and end
on June 30, 2021, unless terminated sooner herein.
PAYMENT
The parties expect legislative appropriation for VSP shall not exceed $240,000 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 $238,000.
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
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY -Page 2 of 15
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:
Judy Pless, Budget & Finance Manager
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, indirect of salaries and benefits.
• 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. 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.
• 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. ·
• Equipment. The DISTRICT agrees and understands that pre-approval by the
Conservation Commission is required for equipment purchases. 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 .
COS~SHAREPROGRAMS
Both the COUNTY and DISTRICT agree and understand if a cost-share program is offered
as part of VSP implementation , in order achieve the goals and objectives of the county work
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY -Page 3 of 15
plan and RCW Chapter 36. 70A, Conservation Commission cost-share 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 utilizing
Conservation Commission funding, the COUNTY and the DISTRICT agree to receive
training regarding Conservation Commission cost-share policies and procedures, from
Conservation Commission staff, prior to using VSP funds for a cost-share program. If cost
share funding is provided without Conservation Commission training on the use of cost share
funding, there is no guarantee that reimbursement for the cost share 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.
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.?0A.700-735, and with all applicable Federal,
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY. Page 4 of 15
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:
TITLE:
MAIL ADDRESS:
CITY, STATE ZIP:
PHONE:
EMAIL:
Anna Lael
District Manager
2211 W Dolarway Road, Suite 4
Ellensburg WA 98926
509-925-3352 ext.4
a-lael@conservewa.net
The Agreement Manager for the COUNTY is:
NAME:
TITLE:
MAIL ADDRESS:
CITY, STATE ZIP:
PHONE:
EMAIL:
ASSURANCES
Dan Carlson
CDS Director
411 N Ruby Ste 2
Ellensburg WA 98926
509-962-7506
dan.carlson@co.kittitas.wa.us
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
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY -Page 5 of 15
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
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.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY -Page 6 of 15
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 COUNTY; present papers, lectures, or
seminars involving information supplied by the COUNTY; use logos, reports, maps or other
data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to
the COUNTY.
PROPERTY MANAGEMENT
The Conservation Commission's Grant and Contract Procedure Manual and any updates
thereto shall control the use and disposition of all real and personal property purchased
wholly or in part with funds furnished by the Commission in the absence of state or federal
statute(s), regulations(s), or policy(s) to the contrary, or of specific instructions to the contrary
with respect thereto in the Agreement.
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,
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY -Page 7 of 15
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 located at
https://ocio.wa ,qov/policy/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.
TERM/NATION
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
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, 2021 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.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY· Page 8 of 15
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
DISTRICT
Signature r '
Chair, Board of Supervisors
7/0(11
Title Date
KITTITAS COUNTY
~ CA1 ,tLl.JZ x: ] l,2:: I / °'
Title Date
Approved as to form:
County Prosecuting Attorney
Signature Date
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY -Page 9 of 15
lnterloca l 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 36.70A.715 (1) (b).
The primary goals of the scope of work are to:
1. Organize, convene, and maintain a watershed 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.
2 . Implement the VSP work plan. Implement the requirements of the VSP and RCW
36. 70A. 700-760. Implementation includes:
a) Ensure outreach and technical assistance is provided to agricultural
operators;
b) Designate the entity or entities that will provide technical assistance;
c) Work with the entity providing technical assistance to ensure that individual
stewardship plans contribute to the goals and benchmarks of the work plan;
d) Conduct periodic evaluations, institute adaptive management, and provide a
written report of the status of plans and accomplishments to the county and
to the commission within sixty days after the end of each biennium;
e) Submit five-year reports as required by RCW 36.70A.720 (2)(b)(i) and (2)
(c)(i), and
f) Satisfy any other requirement of RCW 36.70A.70.700-.760.
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.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY -Page 10 of 15
B. 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. 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. Provide a quarterly status report to the COUNTY in a form and manner
proscribed by the COUNTY, and deemed reasonable by DISTRICT staff.
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.
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 meetings.
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 I 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: Facilitate VSP Work Plan Implementation
A. The DISTRICT will facilitate and assist the VSP watershed group which will
implement the approved VSP Work Plan as per RCW 36.70A.720. In
implementing the approved work plan, the VSP watershed group will:
1. Identify critical areas and agricultural activities within those critical areas.
2. Identify a public outreach plan to contact landowners.
3. Identify and designate entity(ies) to provide landowner assistance (voluntary
stewardship plans) RCW 36.70A.720 (1)(f).
4. Identify measurable programmatic and implementation goals and
benchmarks.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY -Page 11 of 15
B. Review and incorporate applicable water quality, watershed management,
farmland protection, and required species recovery data and plans. RCW
36.?0A.720 (1)(a).
C. Seek input from tribes, agencies and stakeholders. RCW 36.?0A.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.?0A.720
(1 )(c).
E. Ensure outreach and technical assistance is provided to producers and operators
in the various watersheds. RCW 36.?0A.720 (1)(d).
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.?0A.720 (h).
H. Establish baseline monitoring for:
1. Participation and implementation of voluntary stewardship plans and projects
2. Stewardship activities, and
3. Effects on critical areas and agriculture relevant to protection and
enhancement benchmarks. RCW 36.?0A.720 (1)(i).
I. Develop timeline for periodic evaluations, adaptive management, and provide
written reports of plan status/accomplishments to the COUNTY and the
Washington State Conservation Commission.
J. Coordinate monitoring programs with other state agency activities.
K. Meet any other requirement for the successful implementation of VSP in RCW
36.?0A.720.
Deliverables:
1. No later than August 30, 2019, provide a written biennial report to the COUNTY
and Conservation Commission under RCW 36.?0A.720 (2)(b)(i) and (c)(i). The
biennial report must provide the status of plans and accomplishments of the work
plan to the COUNTY and Conservation Commission. The biennial report should
include a summary of how plan implementation is affecting each of the following:
a) The protection and enhancement of critical areas within the area where
agricultural activities are conducted;
b) The maintenance and improvement of the long-term viability of
agriculture;
c) Reducing the conversion of farmland to other uses;
d) 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;
e) 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;
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY· Page 12 of 15
f) 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;
g) Ongoing efforts to improve compliance with other laws designed to
protect water quality and fish habitat; and
h) 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.
2. Facilitate and assist the county watershed group with the development of the five-
year status report to the director of the Conservation Commission and COUNTY.
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 status report should include a summary of how plan
implementation is satisfying the flowing plan elements through VSP
implementation:
a) 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;
b) Ensure outreach and technical assistance is provided to agricultural
operators in the watershed;
c) 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;
d) Work with the entity providing technical assistance to ensure that
individual stewardship plans contribute to the goals and benchmarks of
the work plan;
e) Incorporate into the work plan any existing development regulations relied
upon to achieve the goals and benchmarks for protection;
f) 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;
g) Conduct periodic evaluations, institute adaptive management, and
provide a written report of the status of plans and accomplishments to the
COUNTY and to the Conservation Commission within sixty days after the
end of each biennium;
h) Assist state agencies in their monitoring programs; and
i) Satisfy any other reporting requirements of the program.
j) VSP cost-share projects that are funded using any amount of
Conservation Commission VSP funds shall be reported in the five year
report under RCW 36.70A.720 (2) (b) (i) and (c) (i).
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY. Page 13 of 15
Task 4: Public Outreach and Technical Assistance
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 and potential requirements that will be addressed in 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 develop 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.
F. The DISTRICT will provide technical assistance to operators/producers when
funding is available.
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.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY· Page 14 of 15
Voluntary Stewardship Program
lnterlocal Agreement
DISTRICT and COUNTY Agreement
Attachment B
ESTIMATED BUDGET
Task B udget
FY 2020 FY2021
Task 1: VSP Management and $1,500 $1,500 Administration
Task 2: Watershed Group $7,500 $7,500 Organization and Facilitation
Task 3: Facilitate VSP Work Plan $70,000 $70,000 Implementation
Task 4: Public Outreach and Technical $15,000 $15,000 Assistance
TOTAL $119 ,000 $119~000
O biect Budget
FY 2020 FY2021
Salaries and Benefits (150 $78,342 $80,692
hours/month)
Indirect (25%) $19 ,585 $20 ,173
Goods & Services $8 ,573 $8 ,835
Travel (mileage, per diem) $2 ,800 $2 ,500
Equipment (monitoring equipment, etc) $9,700 $6,800
TOTAL $119,000 $119,000
Total
$3,000
$15,000
$140,000
$30,000
238 000
Total
$159,034
$39,758
$17,408
$5,300
$16,500
$238,000
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY· Page 15 of 15