HomeMy WebLinkAboutRes-2021-098BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2021 . Oq 8
A Resolution to Authorizethe Execution of an lnterlocal Agreement Between Kittitas County
and Kittitas County Conservation District for Implementation of the Voluntary Stewardship
Program
WIIEREAS, 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,
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
the Kittitas County Board of County Commissioners approved ordinance No.
20II-012, An Ordinance Electing to Participate in the Voluntary Stewardship
Program (RCw 36.70A.705), identiffing 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 Kiffitas County through Resolution No. 2015-139,
2016-019,2019-115 and lnterlocal Agreements approved on August 2I,2017,
March 5,2019, and July 2,2019; and
WHEREAS, Kittitas County and the Kittitas County Conservation District are agreeable to a
new Interlocal Agreement for the two-year period between July 1, 202I and June
30,2023 to continue implementation of the Voluntary Stewardship Program; and
WHEREAS, the Board of County Commissioners of Kittitas County authorized the execution
of this lnterlocal Agreement by action taken at a regular meeting.
NOW THEREFORE, BE IT RESOLVED AI\D IT IS HEREBY ORDEREDO 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 15th day of June ,2021
BOARD OF COUNTY COMN4ISSIONERS
KITTIT couNTY,ON
Brett Chairman
ABSENT
Lavta Vice-Chairman
pClert of the Board- Julie Kjorsvik
n Deputy Clerk of the Board- Mandy Buchholz
Commissioner
APPROVED AS TO FORM:
Neil Caulkins, Deputy Prosecuting Attorney
N T
1ililil
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 DlsrRlcr, hereinafter referred to as "DlsrRlcl and KrrTlTAS
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 couNry 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, lT lS 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 professionalengineer. 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
Page 1 of 17
COMMISSION, or any of the officers or other officials lawfully representing the
coMMrssroN.
"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, 2021 through June 30,2023.
'DlSTR|CT" 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).
"lmplement" and "implementation" shallmean 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) 0).
"Voluntary Stewardship Program" and "VSP" shall mean the program established in, and
governed by, RCW 36.704.700-760 and associated statutes.
"Watershed Group" means an entity designated by the COUNry 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
36.704.720.
STATEMENT OF WORK
The DISTRICT shallfurnish the necessary personnel, equipment, material andior services
and othenruise 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 30,2023, unless terminated sooner herein.
PAYMENT
The parties expect legislative appropriation for VSP shall not exceed $235,000 including
costs for COUNry administration of the agreement. Payment for satisfactory performance of
the work accomplished by the DISTRICT under this agreement shall not exceed $233,000.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY - Page 2 ol 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 shallsubmit 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 sth AVE Suite 105
Ellensburg WA 98926
lnvoices 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" lnvoice. A
time summary for staff costs, including compensation or billing rates, shall be attached.
lndividual 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 COUNW
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 1Oth 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,25o/o 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. lf 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.
. Equipment. The COUNry and DISTRICT agree and understand that pre-approval by
the COMMISSION is required for equipment purchases over $1,000. All equipment
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY. Page 3 of 17
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-BuPBLSyaEi) for equipment purchases
over $1,000.
COST-SHA RE PROGRAMS
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
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, priorto using VSP funds for a cost-share program. lf 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 COUNW 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. ln 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 COUNry, 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 3O-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. lf 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 incuned in excess of this agreement.
INSUFFICIENT FUNDS
The obligation of the COUNTY to make payments is contingent on the availability of state
and federalfunds through legislative appropriation and state allotment. When this contract
crosses over state fiscalyears the obligation of the COUNTY is contingent upon the
appropriation of funds during the next fiscal year. The failure of the legislature or federal
VSP Agreement Between the KITTITAS COUNry CONSERVATION DISTRICT and KITTITAS COUNry -Page 4 of 17
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. lf
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:
CIry, STATEZIP:
PHONE:
EMAIL:
NAME:
TITLE:
MAIL ADDRESS:
CIry, STATEZIP:
PHONE:
EMAIL:
Anna Lael
District Manager
2211W Dolanruay Road, Suite 4
Ellensburg WA 98926
509-925-3352 ext.4
a-lael@conservewa. net
Dan Carlson
CDS Director
411 N Ruby Ste 2
Ellensburg WA 98926
509-962-7506
dan.carlson@co. kittitas.wa. us
The Agreement Managerforthe COUNTY is:
ASSURA'VCES
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
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITT|TAS COUNTY . page 5 of 17
action brought to enforce contract terms, each party agrees to bear its own atto rney fees and
costs
D'SPUTES
Except as othenruise 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 othenruise furnishes to the
COUNTY Board of Commissioners a written appeal.
An appealof 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 34.0b.
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 shallcomply 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.
CO NTRACTI N G FOR SERY'CES
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 indemnifiT, 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 indemnifiT, defend, and hold
harmless includes any claim by the DISTRICT'S agents, employees, representatives, or any
subcontractor or a su bcontractor's employees.
The DISTRICT expressly agrees to indemnifu, 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
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTR|CT and K|TT|TAS COUNTy . page 6 of i7
COUNTY shall not be eliminated or reduced by any actualor alleged concunent negligence
of the State or its agents, agencies, employees and officials.
The DISTRICT waives its immunity under Title 51 RCW (lndustrial lnsurance) to the extent it
is required to indemnifu, 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 indemnifiT 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.
I N D EP EN DENT R ELATIO N S H I P
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 othenruise 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 DlsrRlcr or DlsrRlcTs 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 othenrvise 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
federalgovernment may have a proprietary interest in patent rights to any inventions
developed by the DISTRICT as provided in 35 U.S.C. SS 200-212.
Publications. when the DlsrRlcr, DlsrRlcTs 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
otherdata, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be
given to the COMMISSION.
PROPERTY MANAGEMENT
The coMMlssloN'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
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY -Page7 ol 17
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 iept
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 42.56.411 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.
ACCESS'B ILITY REQU I REMENTS
DISTRICT will remain current with Federaland Washington State accessibility standards and
comply with OCIO Policy 188 - Accessibitity located at
https:/iocio.wa.oov/policv/accessibilifu .
SEVERABILITY
lf 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 oi tfris
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 1me as
the exact amount of damages due the COUNTY from the DISTRICT is determined.
TERMINATION
The DISTRICT may terminate this agreement upon 3O-days' prior written notification to the
COUNTY. lf this agreement is terminated by the DISTRICT, the D|STRICT 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 3O-days' prior wriften 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:
VSP Agreement Between the KITTITAS COUNTY CONSERVATION D|STR|CT and K|TTITAS COUNTY. page I of 17
. 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.o 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.o 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, MODIFICAT'O'VS 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.
lN WITNESS WHEREOF, the parties have executed this Agreement.
KITTITAS COUNTY CONSERVATION
DISTRICT
KITTITAS COUNTY
(77+
Sign
Chair, Board of Supervisors b/r{.^., (UL,& &h-ttt ntrytpt u--,blrrlet
Title Date Title
Approved as to form:
Cou nty Prosecuting Attorney
Signature Date
Date
VSP Agreement Between the KITTITAS COUNry CONSERVATION DISTRICT and KITTITAS COUNTY - Page 9 of 17
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITT|TAS COUNTY. page 10 of 17
lnterlocal Agreement
DISTRICT and COUNTY Agreement on
lmplementation 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 36.70AJ15 (1)(b).
The primary goals of the scope of work are to:
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, including
a) Working closely with the watershed group and technicalseruice providers to
ensure full compliance with the requirements and intent of VSp.
b) Ensure that every effort is made to maintain effective communication
between the watershed group, the technicalservice providers, the
DlsrRlcr, local stakeholders, and participating state and federal agencies
and personnel.
c) 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.
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.
lmplement the VSP work plan. lmplement the requirements of the VSp and RCW
36.70A.700-760. lmplementation includes:
a) ldentifying critical areas and agriculturalactivities within those critical areas
b) ldentifying a public outreach plan to contact landowners.
1
2
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and K|TT|TAS COUNTy -page 11 of 17
c) ldentifying and designating entity(ies) to provide landowner assistance
(voluntary stewardship plans).
d) ldentifying measurable programmatic and implementation goals and
benchmarks.
e) Reviewing and incorporating applicable water quality, watershed
management, farmland protection, and required species recovery data and
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 various watersheds of the county.
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) lncorporating 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 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 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 36.704.720.
Task 1: VSP Management and Administration
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.
A.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY -Page 12ot 17
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 COMMISSION in the form and manner
prescribed by the COMMISSION and provide COUNTY with a copy.
6. Ensure that the COMMISSION has the most recent version of the COUNTY's
VSP work plan.
7. 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
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.
The DISTRICT will develop and/or maintain meeting bylaws/rules/policies.
The DISTRICT will provide facilitation (either in-house or consultant) for VSP
watershed group meetings.
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 federalagency 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
The DISTRICT will utilize existing outreach tools (e.9. 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.
The DISTRICT will continually encourage public and landowner input into the
VSP Work Plan implementation process.
The DISTRICT will maintain a webpage for VSP process. This webpage will
include program description, goals, and products for public review. lt willalso
include meeting minutes, dates and agendas for future meetings.
A.
B.
c.
D.
A.
B.
c.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY - Page 13 of 17
Public informational meetings will be held as needed.
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: lmplement 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. ldentify 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 (1Xa).
c. Seek input from tribes, agencies and stakeholders. RCW 36.70A.720 (1Xb).
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 (1Xc).
e. Ensure outreach and technicalassistance is provided to producers and
operators in the various watersheds. RCW 36.70A.720 (1Xd).
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. RCW3O.70A.Z20 (1Xe).
g. lncorporate 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 statusiaccomplishments 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.
3. VSP cost-share projects funded using any amount of COMMISSION VSP funds
shall be reported in the Conservation Practices Database System (CPDS).
Task 5: Monitoring and Reporting
D
E
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITT|TAS COUNTy -page 14 of 17
The DlsrRlcr 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.
The DISTRICT will coordinate monitoring programs with other state agency
activities.
lmplement the the requirements of the VSP and RCW Chapter 36.70A.700-760.
a. Two year status reports. No later than August30,2021, provide the written
biennial report to the coMMlssloN. 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 criticalareas;
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. lf 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 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
Guide is available for download on the COMMISSION's VSP web page:
(https://www.scc.wa.gov/vsp/implementation). 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
A.
B.
c.
VSP Agreement Between the KITTITAS COUNry CONSERVATION DISTRICT and KITTITAS COUNTY - Page 15 of 17
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. 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;
2. Ensure outreach and technicalassistance 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. lncorporate 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 pro.lects; (ii)
stewardship activities; and (iii) the effects on criticalareas and
agriculture relevant to the protection and enhancement benchmarks
developed for the watershed;
7. 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;
8. Assist state agencies in their monitoring programs; and
9. SatisfiT any other reporting requirements of the program.
Deliverables:
1. DISTRICT will complete the Two-year status report no later than AugustgO,2O2l
and provide to the COMMISS|ON.
2. DISTRICT will facilitate continued regular communication with the State
Technical Paneland the Watershed Group.
3. District will maintain ongoing database of implemented stewardship practices for
future S-year reporting purposes.
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTR|CT and K|TT|TAS COUNTy - page 16 of 17
Voluntary Stewardship Program
lnterlocal Agreement
DISTRICT and GOUNTY Agreement
Attachment B
ESTIMATED BUDGET
Task Budqet
Obiect Budqet
FY 2022 FY2023 Total
Task 1: Administration of Voluntary
Stew ard s h i p Program Agre e m e nt $3,287 $3,419 $6,706
Task 2: Watershed Group
Org a ni zatio n an d F aci I itatio n $12,883 $13,316 $26,199
Task 3: Outreach to Producers and
Public $17,250 $18,642 $35,892
Task 4: lmplement VSP Watershed
Plan $61,344 $59,580 $120,924
Task 5: Monitoring and Reporting $21,541 $21,737 $43,279
TOTAL $116,305 $116,695 $233,000
FY 2022 FY2023 Total
Sa/arles and Benefits (140
hours/month)$72,299 $73,022 $145,322
lndirect (25%)$18.075 sl8.256 $36.330
Goods & Services s20.575 $20.561 $41.136
Travel (mileage, per diem)$1,356 $1,356 $2,712
Equipment (monitoring equipment, etc)$4,ooo $a500 $7,500
TOTAL $116.305 $116.695 $233.000
VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY -Page 17 of 17