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HomeMy WebLinkAbout2023-07-10-minutes-cds-study-sessionKITTITAS COUNTY COMMISSIONERS CDS Study Session Regular Meeting Monday July 10, 2023 -1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Citizen Comments (1 min. time limit) 3. 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 4. Board of Equalization Hearings Examiner 5. Other Business - No Action to be taken 6. Concluded Created on 7/6/2023 11:24:38 AM KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 Regular Meeting MONDAY 1:30 PM July 10, 2023 Board members present: Chairman Cory Wright, Vice Chairman Brett Wachsmith and Commissioner Laura Osiadacz. Others: Mark Cook, Josh Fredrickson, Rebecca Cruse, Public Works; Jessica Miller, Jamey Ayling, Community Development Services; Mike Hougardy, Assessor's Office; Neil Caulkins, Prosecuting Attorney's Office; 1 member of the public. At 1:49 PM Chairman Cory Wright opened the Public Works Study Session. No Citizen Comments. 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 Jamey Ayling requested the Board of County Commissioners execute an interlocal agreement with the Kittitas County Conservation District supporting the Voluntary Stewardship Program (VSP)and presented Resolution 2023-116 for consideration to renew the two-year contract. Vice Chairman Brett Wachsmith moved to approve Resolution 2023-116. Commissioner Laura Osiadacz seconded. Motion passed. BOARD OF EQUALIZATION HEARINGS EXAMINER Mark Cook requested the Board of County Commissioners consideration to solicit for a Board of Equalization (BOE) Hearings Examiner. Mike Hougardy, County Assessor stated the benefit of a clear deadline for the BOE appeals completion is crucial to the Assessor's office. Questions pursued. The Board supports soliciting for a Hearings Examiner to offer recommendations and expedite the processing timeline for the BOE and requested that the BOE have a clear deadline for completion of the hearings. The Board directed staff to prepare enabling documents for consideration. Meeting concluded at 2:16 PM 2023-7-10 MINUTES Rebecca Cruse, Administrative Assistant 2023-7-10 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: July 10, 2023 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 2023-2025 budget for continued implementation of the Voluntary Stewardship Program. Kittitas County's current Interlocal Agreement with Kittitas County Conservation District expired on June 30, 2023, and the current agreement will begin on July 1, 2023, and end on June 30, 2025. This will allow for continued implementation of the Voluntary Stewardship Program. The proposed Interlocal Agreement received legal review and approval from the Kittitas County Prosecuting Attorney's Office. INTERACTION: Public Works; Prosecuting Attorney's Office, 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 two originals to Public Works to receive signatures from Washington State Conservation Commission. ATTACHMENTS: Resolution; Interlocal Agreement. LEAD STAFF: Mark R. Cook, Director. BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2023 -_U AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY CONSERVATION DISTRICT FOR 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 ("V SP") 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 Interlocal Agreements approved on August 21, 2017, March 5, 2019, July 2, 2019, and June 15, 2021; 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, 2023, and June 30, 2025, 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 10`h day of July 2023, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITASXPUNTY, WASHINGTON ='Cory C,�iiunr�s . Z J S C rr. Jim''' `titi ATTEST, 1a Y of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz Vice -Chairman 2023-25 Biennium Contract No. K2417 The Washington State Conservation Commission AND Kittitas County FOR Voluntary Stewardship Program Implementation THIS AGREEMENT 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". IT IS THE PURPOSE OF THIS AGREEMENT to provide funding to the COUNTY for the implementation of the work plan as required for the Voluntary Stewardship Program (VSP), consistent with RCW 36.70A.700-760 and related statutes. THEREFORE, IT IS MUTUALLYAGREED 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 of this agreement shall be from July 1, 2023, through June 30, 2025, 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 VSP 2023-25 Biennium Contract Between the WSCC and County - Page 1 of 21 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 $240,000. 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: • Salaries and benefits, 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, including mileage and per diem for program staff, consistent with state law and the Commission's VSP General Billing FAQ. Travel and expenses paid directly to work group member participants is not allowed. • Meeting rooms and light refreshments for working meetings. If light refreshments will be provided for meetings a Meeting Expense Authonzationform 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 VSP 2023-25 Biennium Contract Between the WSCC and County - Page 2 of 21 shall conform to ordinary billing rates and overhead multipliers for the type and location of the services within the COUNTY. Copy and printing costs. Equipment. 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. Equipment may include, but is not limited to, computers, data base software, and GIS software. 3.2 Cost -Share Programs The COUNTY may choose to offer a cost -share 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 to VSP participants using funds provided under this contract, the COUNTY hereby agrees that COMMISSION cost -share policies and procedures as outlined in the Grant and Contract Procedure Manual will be abided by, regardless of who is administering the cost -share program (the COUNTY or some other entity on behalf of the COUNTY). Further, the COUNTY must be in compliance with APPENDIX C — BILLING PROCEDURE and must also: • Consult with COMMISSION STAFF identified in APPENDIX C — BILLING PROCEDURE, prior to using VSP funds for a cost -share program, • Provide written documentation that the county work group has approved the cost share program and approved the COUNTY cost share reimbursement rate • Receive training regarding COMMISSION cost -share policies and procedures, from COMMISSION STAFF identified in APPENDIX C— BILLING PROCEDURE, priorto using VSP funds for a cost -share program, unless COUNTY staff or the entity or entities administering such a cost -share program have already received such training from the COMMISSION, and • VSP cost -share projects that are funded using any amount of COMMISSION VSP funds shall be documented in the Conservation Practice Database System (CPDS) under RCW 36.70A.720 (2) (b) (i) and (c) (i). • Any cost -share project using any amount of COMMISSION VSP funds shall only use the cost -share contract provided in CPDS. 3.3 District Implemented Projects The COUNTY may choose to offer a District Implemented Projects (DIP) program to achieve the goals and objectives of the county work plan. If the COUNTY so chooses to offer a DIP program using funds provided under this contract, the COUNTY hereby agrees that COMMISSION DIP policies and procedures as outlined in the Grant and Contract Procedure Manual will be abided by, regardless of who is administering the DIP program (the COUNTY or some other entity on behalf of the COUNTY). Further, the COUNTY must be in compliance with APPENDIX C — BILLING PROCEDURE and must also: • Consult with COMMISSION STAFF identified in APPENDIX C —BILLING PROCEDURE, prior to using VSP funds for a DIP program, VSP 2023-25 Biennium Contract Between the WSCC and County - Page 3 of 21 • Provide written documentation that the county work group has approved the DIP program, • Receive training regarding COMMISSION DIP policies and procedures, from COMMISSION STAFF identified in APPENDIX C — BILLING PROCEDURE, prior to using VSP funds for a DIP program, unless COUNTY staff or the entity or entities administering a DIP program have already received such training from the COMMISSION, • VSP DIP projects that are funded using any amount of COMMISSION VSP funds shall be documented in the Conservation Practice Database System (CPDS) under RCW 36.70A.720 (2) (b) (i) and (c) (i), and • Execute a Landowner Agreement with any DIP participating landowner. 3A 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 Assignees. 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. 3.5 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 (d). 3.6 Method of Compensation Payment shall be made on a reimbursable basis 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. VSP 2023-25 Biennium Contract Between the WSCC and County - Page 4 of 21 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 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 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 any reason or combination of reasons listed below, each of which constitute a breach of this contract in accordance with Section 7.0 BREACH: 6.1 Failure to complete the requirements of Section 2.0 SCOPE OF WORK and/or APPENDIX B - SCOPE OF WORK in a reasonable time frame, or for the reasons listed in 3.0 FUNDING AVAILABILITY above. 6.2 The failure to provide timely quarterly status reports are grounds for the termination of this agreement, at the sole determination of the COMMISSION. VSP 2023-25 Biennium Contract Between the WSCC and County - Page 5 of 21 6.3 The failure to abide by the conditions set out in Section 3.2 above, related to the administration of a cost -share program are grounds for the termination of this agreement, at the sole determination of the COMMISSION. 6A The failure of the COUNTY to fully comply with the provisions in APPENDIX C — BILLING PROCEDURE shall be grounds for termination of this agreement. 6.5 The failure of the COUNTY to submit monthly invoices for reimbursement to the COMMISSION's VSP Contract Manager, in accordance with APPENDIX C — BILLING PROCEDURE, shall be grounds for termination of this agreement. 6.6 The failure of the COUNTY to identify and keep current the responsible individual as identified in APPENDIX D — RESPONSIBLE INDIVIDUALS, shall be grounds for termination of this agreement. 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-D) contain the entire integrated agreement of the parties may be changed, modified or amended by written agreement executed by both parties. 9.0 EFFECTIVE DATE The effective date of this agreement shall be July 1, 2023. This date shall be the "receipt of funds" date for purposes of RCW 36.70A.703 (9) and RCW 36.70A.725 (5) and (6). VSP 2023-25 Biennium Contract Between the WSCC and County - Page 6 of 21 10.0 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 • Any other provision, term or material incorporated by reference or otherwise incorporated. 11.0 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. 12.0 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. VSP 2023-25 Biennium Contract Between the WSCC and County - Page 7 of 21 WASHINGTON STATE CONSERVATION COMMISSION Ignature Executive Director 13 Kittitas County i Signature eX� C C�h,k_ 71i. 1� Title Date I�— APPROVED AS TO FORM BY THE WASHINGTON STATE ATTORNEY GENERAL'S OFFICE ON APRIL 27, 2023 VSP 2023-25 Biennium Contract Between the WSCC and County - Page 8 of 21 2023-25 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 fiscal year" shall mean July 1, 2023, through June 30, 2025. "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 plants 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. VSP 2023-25 Biennium Contract Between the WSCC and County - Page 9 of 21 "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. "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. 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 action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. VSP 2023-25 Biennium Contract Between the WSCC and County - Page 10 of 21 IV. CONTRACTING FOR SERVICES Contracts for personal services, purchased services/goods, and public works shall be awarded through a competitive process in compliance with State law, policies, and orders, and the Commission Grant and Contract Procedure Manual. 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 subcontractors 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 States 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 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. VSP 2023-25 Biennium Contract Between the WSCC and County - Page 11 of 21 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. VII. 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. Vill. 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 for federal, state or local government purposes. Where federal funding is involved, the VSP 2023-25 Biennium Contract Between the WSCC and County - Page 12 of 21 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. XII. 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 archivesfor 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. VSP 2023-25 Biennium Contract Between the WSCC and County - Page 13 of 21 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 his://ocio wa gov/policy/accessibill. 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. VSP 2023-25 Biennium Contract Between the WSCC and County - Page 14 of 21 2023-25 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) 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 technical service 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 technical service providers, the COUNTY, local stakeholders, and participating state and federal agencies and personnel. C. The COUNTY 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 COUNTY will encourage existing lead entities, watershed planning units, or other integrating organizations to serve as the watershed group. D. The COUNTY will develop and/or maintain watershed group meeting bylaws, rules, and/or policies. E. The COUNTY will provide facilitation for watershed 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. B. Identifying a public outreach plan to contact landowners. VSP 2023-25 Biennium Contract Between the WSCC and County -Page 15 of 21 C. Identifying and designating entity(ies) to provide landowner assistance (voluntary stewardship plans). D. Identifying 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. 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 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 36.70A.720. Deliverables: 1) Organize, convene and maintain a watershed group that meets regularly and as necessary for implementation of the county VSP work plan. VSP 2023-25 Biennium Contract Between the WSCC and County - Page 16 of 21 2) Implement the VSP work plan, including implementing the requirements of the VSP and RCW Chapter 36.70A.700-760. A. Two-year status reports. No later than August 30, 2023, 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, then 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 2023-25 Biennium Contract Between the WSCC and County - Page 17 of 21 VSP web gage: (https://www.scc.wa.ciov/vsp/iml?lementation . The Template will be provided 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 flowing 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 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) 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) Satisfy any other reporting requirements of the program. VSP 2023-25 Biennium Contract Between the WSCC and County - Page 18 of 21 10) 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). D. Completion of a Monitoring Plan: The COUNTY agrees that not later than July 1, 2024, the COUNTY will provide to the COMMISSION a monitoring plan.. The SCC encourages the COUNTY to use the Watershed Monitoring Project Development Guide for the Voluntary Stewardship Program in Washington, Volume III to create the plan, but will not require its use in the creation of the plan. The monitoring plan shall be designed to facilitate the collection, analysis, and reporting of information for VSP. E. Provide timely quarterly status reports to the VSP Program Manager in a form and manner prescribed by the COMMISSION and deemed reasonable by COUNTY staff. Reports are to be submitted online to the COMMISSION. Quarterly reports are here: https://www.formstack.com/forms/?2221155- U3eHg4N8zh. Quarterly reports are due quarterly for this Agreement: July 2023 — June 2025: Period of July 1 — September 30 — Due October 10 Period of October 1 — December 31 — Due January 10 Period of January 1 — March 31 — Due April 10 Period of April 1 —June 30 — Due July 10 F. 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. G. Provide to the COMMISSION's VSP Contract Manager, no later than 120 days from the date this agreement is signed by the COUNTY, 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. VSP 2023-25 Biennium Contract Between the WSCC and County - Page 19 of 21 2023-25 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: sccorants@sccgrants.wa.gov For billing questions, contact: nboyes@scc.wa.,gov phone: 564-669-3149 Invoices will follow procedures outlined in the most current Grant and Contract Procedure Manual. 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. Quarterly billings are not allowed and will not be accepted. 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 Grant and Contract Procedure Manual. 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. Payment to the COUNTY for approved and completed work will be made by account transfer by the COMMISSION monthly upon receipt of the invoice. Payment will be made to the person identified at the COUNTY in APPENDIX D — RESPONSIBLE INDIVIDUALS unless the COUNTY shall identify and provide contact information to the COMMISSION to the person listed in APPENDIX C - BILLING PROCEDURE herein. Final Request for Payment: The COUNTY must submit final requests for compensation during the current fiscal year no later than July 10 after the end of the current fiscal year. Failure to comply with this timeline may result in denial of any such claim. VSP 2023-25 Biennium Contract Between the WSCC and County - Page 20 of 21 2023-25 Biennium Voluntary Stewardship Program COMMISSION and COUNTY Agreement APPENDIX D — RESPONSIBLE INDIVIDUALS The Project Officer for the COMMISSION is: Ron Shultz Policy Director Washington State Conservation Commission P.O. Box 47721 Olympia, Washington 98504 (360)407-7507 rshultz@scc.wa.gov The responsible individual for the COUNTY is: NAME: Mark Cook TITLE: Director AGENCY: Kittitas County MAIL ADDRESS: 411 North Ruby Street, Suite 1 CITY, STATE, ZIP: Ellensburg, WA 98926 PHONE: 509-962-7523 EMAIL: mark.cook@co.kittitas.wa.us The COUNTY Billing Contact (if different than the responsible individual for the COUNTY above): NAME: Reid Burbank TITLE: Finance Manager AGENCY: Kittitas County MAIL ADDRESS: 411 North Ruby Street, Suite 1 CITY, STATE, ZIP: Ellensburg, WA 98926 PHONE: 509-962-7523 EMAIL: reid.burbank@co.kittitas.wa.us VSP 2023-25 Biennium Contract Between the WSCC and County - Page 21 of 21 KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES COMMUNITY DEVELOPMENT SERVICES — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: July 10, 2023 TOPIC: Board of Equalization Hearings Examiner ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook, Director RECOMMENDATION: Direct staff prepare and solicit for a Board of Equalization (BoE) Hearings Examiner. BRIEFING SUMMARY: • Washington Administrative Code 458-14-436 specifically addresses the use of a hearings examiner supporting the BoE (EXHIBIT 1). • The Board of County Commissioners (BoCC) assigned council affirms the use of a hearing examiner supporting the BoE is consistent with law so long as the examiner offers an opinion, and that the BoE makes the final decision on appeals. • Staff proposes developing a job description and soliciting for a BoE Hearing Examiner supporting the 2023 BoE appeal process. • A final decision determining the makeup of the BoE is rapidly approaching (July 14, 2023). BACKGROUND: The BoCC recently acted moving the BoE from the Commissioner's office to Community Development Services. Staff has been researching the potential to hire a Hearings Examiner advising the Board of Equalization on appraisal appeals. DISCUSSION: Washington Administrative Code 458-14-436 specifically addresses the use of a hearings examiner supporting the BoE. The citizen BoE now appears to be sufficiently staffed to proceed the BoE's required meeting deadline of July 14, 2023. Staff has prepared a draft job description for the BoE examiner (EXHIBIT 2). Staff has also prepared a draft request for proposal supporting the hiring of the examiner (EXHIBIT 3). Previously, staff has discussed the option of the BoCC serving as the BoE. The option, with a Hearings Examiner (HE) recommended appeal action, affords control over the BoE timeline process. We have received approximately 150 appeals for this current appeal cycle. Relying completely on a citizen BoE to manage the 2023 appeal docket in a timely manner is a concern for staff. Staff does believe that by using a HE to conduct Page 1 of 5 Community Development Services "Work Session Staff Report", 2023 the hearings, time savings in BoE decision -making is improved. Staff can then bundle significant cases onto a single agenda day and is expected the BoE can readily make rulings based on HE recommendations. While reliance upon the HE conducting the hearings and offering recommendations is a good step managing the 2023 docket timeline, staff remains concerned about getting all decisions completed by October 31, 2023. Completing the 2023 appeal docket by October 31, 2023, affords sufficient time for the Assessor to complete required budget actions due in December 2023. Certainty in meeting the October 31, 2023, is enhanced provided the BoCC acts as the BoE. Regular public meetings (noticed properly) are expected to expedite the BoE decision making by bringing certainty to the scheduling process. FISCAL IMPACTS: Undetermined at this time. The HE is not budgeted in the 2023 CDS budget. ATTACHMENTS: EXHIBIT 1: WAC 458-14-436 EXHIBIT 2: PROPOSED HEARINGS EXAMINER JOB DESCRIPTION EXHIBIT 3: REQUEST FOR PROPOSAL Page 2 of 5 Community Development Services "Work Session Staff Report", 2023 EXHIBIT I : WAC 458-14-436 Page 3 of 5 Community Development Services "Work Session Staff Report", 2023 WAC 458-14-136 Hearing examiners. (1) Any board may employ one or more hearing examiners to assist the board in conducting hearings. (2) All hearing examiners must take the same oath required of regular board members and must meet the same qualifications for mem- bership as regular board members. (3) A board member may act as a hearing examiner. (4) A hearing examiner may hold hearings separate from the board and take testimony from both parties and their witnesses. (5) Hearing examiners must present to the full board or a quorum thereof, all evidence submitted by the parties at the hearing before the hearing examiner. The board must make the final determination on all petitions filed. The board may make its final determination based upon the record submitted by the examiner or may request further tes- timony or documentation from either the taxpayer or the assessor, in- cluding their witnesses, before making its final determination. [Statutory Authority: RCW 84.08.010, 84.08.070, and 84.48.200. WSR 06-13-034, § 458-14-136, filed 6/14/06, effective 7/15/06; WSR 90-23-097, § 458-14-136, filed 11/21/90, effective 12/22/90.] Certified on 2/20/2023 WAC 458-14-136 Page 1 EXHIBIT 2: PROPOSED HEARINGS EXAMINER JOB DESCRIPTION Page 4 of 5 Community Development Services "Work Session Staff Report", 2023 r=n) _J Kittitas County, Washington Job Description POSITION TITLE: HEARINGS EXAMINER 0 CREATED: 6/30/2023 REPORTS TO: CDS DIRECTOR DEPARTMENT: COMMUNITY DEVELOPMENT SERVICES (CDS) JOB SUMMARY: The Hearings Examiner conducts quasi-judicial hearings and renders opinions on valuation appeals to the Board of Equalization. Must maintain courteous and cooperative working relationships with administrative and other County personnel, public agencies, and the general public, and work under the guidance of Local/State/Federal regulations and County policies/procedures. SUPERVISORY DUTIES: None. CATEGORY: Full -Time OCCUPATION CODE: xxxx UNION AFFILIATION: None HOURS/WEEK: 40 FLSASTATUS: Non -Exempt DRSELIGIBILITY: PERS ESSENTIAL FUNCTIONS • Plan and conduct quasi-judicial hearings between homeowners and the Board of Equalization in an orderly and impartial manner. • Take testimony, receive exhibits, and question witnesses. • Interpret administrative guidelines and apply independent judgement in the execution of directives. • Rule on procedural motions. • Ensure the valuation appeal process is observed and applies the Kittitas County Code and other applicable laws to opinions/rulings. • Receive and review valuation appeal hearing -related documents including case files, County codes and policies, and other evidentiary materials associated with valuation appeals. • Issue an opinion and enter final written findings on valuation appeals to the Board of Equalization on individual appeals. • Prepare reports and correspondence as required. • Work directly with the Board of Equalization Clerk to prepare final opinions for the Board of Equalization. This job description is a summary of the primary functions and expectations for this position. Additional department -related duties may be assigned as required. • Accredited Appraiser by the Department of Revenue or certified by the Washington Department of Licensing, Society of Real Estate Appraisers, American Institute of Real Estate Appraisers, or International Association of Assessing Officers. • Possession of a juris doctorate degree, admission to the Washington State Bar, and at least three (3) years of experience as a Hearings Examiner in the State of Washington may substitute for the accreditation/certifications listed above. • Valid driver's license. P a g e 1 1 3 A criminal history and background check will be performed on qualified applicants. Convictions may preclude candidates from employment in certain circumstances. Factors such as relativity to the position, age and time of the offense, seriousness and nature of the violation, and rehabilitation will be taken into account. REQUIRED KNOWLEDGE/SKILLS/ABILITIES • Knowledge of real estate appraisal processes. • Knowledge of real and personal property valuation methods. • Understanding of Hearings Examiner procedures and processes. • Ability to follow complex oral and written arguments and identify issues. • Ability to communicate complex topics effectively both verbally and in writing. • Exercise courtesy, discretion, and tact in the face of hostility and dispute. • Ability to establish and maintain effective working relationships with County and other agency personnel, as well as the public. o Proficient computer skills, including Microsoft Office programs, and ability to quickly learn other programs specific to the position/department. PREFERRED QUALIFICATIONS • Previous experience as a Hearings Examiner. WORKING CONDITIONS Work is generally performed in a standard office setting. Must have ability to sit, stand, walk, climb, stoop, kneel, crouch, crawl, twist, grasp, and reach with arms and legs. Must have ability to lift, push, pull, or move up to 25 lbs. and occasionally higher with assistance. Must have close, distance, color, and peripheral vision, depth perception, ability to adjust focus, and the ability to read printed materials, computer screens, and monitors. Must also have hearing and speech to communicate clearly in person, over the telephone, and by radio. Safety rules and regulations must be followed, including use of PPE. The work schedule is generally maintained during normal office hours, but may include early, evening or weekend hours as required. Some travel may be required to attend meetings or trainings. Must be able to operate a motor vehicle in all weather conditions and levels of daylight. Regular and reliable attendance and punctuality are required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Prepared and Reviewed By: Must be completed with all revisions of the job description. Supervisor Name Title Date P a g e 2 13 HR Representative Name Title Date Employee Acknowledgement I understand the job duties and responsibilities contained in this job description and as described by the immediate supervisor. Employee Printed Name Signature Date 313 EXHIBIT 3: REQUEST FOR PROPOSAL Page 5 of 5 Community Development Services "Work Session Staff Report", 2023 KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS@a CO.KITTITAS. WA.US "Building Partnerships —Building Communities" Office (509) 962-7506 Kittitas County Request for Qualifications/Proposals Board of Equalization Hearings Examiner Kittitas County is currently soliciting proposals from qualified individuals or firms interested in serving as the Kittitas Valuation Appeal Hearings Examiner serving the Kittitas County Board of Equalization. Background The County seeks to recruit a Valuation Appeals Hearings Examiner to hear certain valuation appeals for real and personal property associated with Kittitas County Assessor Department valuations within the unincorporated areas of Kittitas County. Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on valuations appeals and to discharge the other functions conferred upon them. The Board of Kittitas County Commissioners may appoint one (1) or more examiners for terms which shall initially expire twenty-four (24) months following the date of original appointment and one (1) additional year thereafter. Such appointments may be by professional service contract. Any Examiner may be removed by the Board for misfeasance, malfeasance, or nonfeasance. Public hearings and appeal hearings are scheduled on an as -needed basis. Typically, an Examiner can expect to hear one hundred (100) to one hundred -fifty (150) cases per year and all hearings are conducted during daytime hours, unless otherwise agreed upon by the Examiner and Appellant. The Examiner will be required to issue a recommendation within fourteen (14) calendar days of the close of the record in each hearing. Scope of Services In general, Kittitas County's Valuation Appeal Hearings Examiner holds public hearings and decides matters related to land and personal property valuations. Scheduling is by consultation with the Kittitas County Community Services Department. Hearing support services will be provided by County Community Development Department staff. COMMUNITY PLANNING • BUILDING INSPECTION • PLAN REVIEW • ADMINISTRATION • PERMIT SERVICES • CODE ENFORCEMENT Qualifications Accredited appraiser by the Department of Revenue or certified by the Washington Department of Licensing, Society of Real Estate Appraisers, American Institute of Real Estate Appraisers, or International Association of Assessing Officers or possession of a law degree and at least three (3) years' experience as a Hearings Examiner in the State of Washington. Proposal Requirements Interested parties are required to submit the following: • Letter of interest — no more the one (1) page in length and include contact information and signature. The letter or attachment to the letter should state all proposed rates and charges. • Summary of qualifications, experience, and availability — this must be no more than four (4) pages in length. It should summarize the applicant's qualifications to be a hearing examiner, his/her relevant experience, and availability to provide services to the County. • Method of approach — one (1) or two (2) page summary of the applicant's approach to providing hearings examiner services. • Example of written work — at least two (2) examples of the applicant's written decisions. • Example of Rules of Procedure — The County's Hearings Examiner is authorized to adopt rules of procedure. The proposal shall include an example of rules of procedure that the Hearings Examiner has previously used. • Professional references — at least two (2) professional references, including phone numbers and contact information. Process for Selection A selection committee will rate each responder based on the selection criteria and schedule preferred candidates for interview. The county will then enter into contract discussions with the top -ranked respondent. If the county is unable to reach a satisfactory agreement with the top -ranked respondent, contract discussions will terminate, and the county may select another respondent. The Board of Kittitas County Commissioners will have the final authority on contract terms and the selection of the Examiner. Instructions to Respondents The deadline for submission of qualifications is 5:00 PM on Friday, August 31, 2023. Submittals received after the deadline will not be considered. For questions about this RFQ please contact Community Development Services Director, Mark R. Cook at 509-962-7523 or via electronic mail at: mark. cook(&co.kittitas.wa.us. You may also contact Ms. Candie Leader at 509-962-7523 or via electronic mail at: candie.leader@co.kittitas.wa.us.