HomeMy WebLinkAboutAgreements/Contracts - Development ServicesGRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT: Development Services
REQUEST SUBMITTED BY: Jim Anderson -Cook
CONTACT PERSON ATTENDING ROUNDTABLE: ,Jim Anderson -Cook
CONFIDENTIAL INFORMATION: ❑YES ®NO
DATE: 7/17/2025
PHONE: x2522
rn
- - - --------(CHEq"LL
THAT A PPLY)
RAgreement / Contract
DAP Vouchers
❑Appointment / Reappointment
DARPA Related
❑ Bids / RFPs / Quotes Award
❑ Bid Opening Scheduled
❑ Boards / Committees
❑ Budget
❑Computer Related
❑County Code
El Emergency Purchase
❑Employee Rel.
❑ Facilities Related
❑ Financial
❑ Funds
❑ Hearing
❑ Invoices / Purchase Orders
❑ Grants — Fed/State/County
❑ Leases
❑ MOA / MOU
❑Minutes
❑Ordinances
❑Out of State Travel
❑Petty Cash
❑ Policies
❑ Proclamations
❑ Request for Purchase
❑ Resolution
❑Recommendation
❑Professional Serv/Consultant
❑Support Letter
❑Surplus Req.
❑Tax Levies
❑Thank You's
❑Tax Title Property
❑WSLCB
2025-2027 Biennium Contract Between the Washington State Conservation Commission and Grant County for the Voluntary Stewardship Program (VSP)
If necessary, was this document reviewed by accounting? ❑ YES ❑ NO R N/A
If necessary, was this document reviewed by legal? R YES ❑ NO ❑ N/A
vtat��I
DATE OF ACTION: 7 —22:_2 �V, DEFERRED OR CONTINUED TO:
nppRn\iP:- nFniipn
d
D1:
D2:
D3:
ABSTAIN
WITHDRAWN:
RECEIVED
JUL 17 2025
4/23/24 GRANT COUNTY COMMISSIONERS
2025-2027 Biennium Contract No.
BETWEEN
The Washington State Conservation Commission
AND
Grant County
FOR
Voluntary Stewardship Program
THIS AGREEMENT (herein "agreement" or "contract'l is made and entered into by and
between the Washington State Conservation Commission, hereinafter referred to as
"COMMISSION" and Grant County, hereinafter referred to as "COUNTY". COMMISSION
and the COUNTY may be collectively referred to herein as the "parties".
IT IS THE PURPOSE OF THIS AGREEMENT to provide funding to the COUNTY for
implementing the work plan as required for the Voluntary Stewardship Program (VSP),
consistent with RCW 36.70A.700-760 and related statutes.
THEREFORE, IT IS MUTUALLY AGREED THAT the COMMISSION will provide funding
consistent with the terms of this contract, the policies of the COMMISSION, and the laws of
the State of Washington; and the COUNTY will implement the terms of this contract with the
funding provided consistent with the policies of the COMMISSION and the laws of the State
of Washington.
1.0 PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this agreement shall be from
July 1, 2025, through June 30, 2027, unless either extended by agreement of the parties or
terminated sooner, as provided herein.
2.0 SCOPE OF WORK
It is the intent of the parties that the COUNTY will perform its duties consistent with the
timelines set forth in RCW 36.70A.720-735, subject to available funding, and subject to state
contracting requirements. The COUNTY shall furnish the necessary personnel, equipment,
material and/or service(s), or contract with third parties to accomplish the same, and
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 1 of 22
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 $XXXXXXXX .
Payment for satisfactory performance of the work accomplished under this agreement shall
not exceed this amount. The COMMISSION'S ability to make payments is contingent on
availability of funding. In the event funding from the state is withdrawn, reduced, limited or
otherwise determined by the COMMISSION to be inadequate in any way after the effective
date and prior to completion or expiration date of this agreement, the COMMISSION, at its
sole discretion, may elect to terminate the agreement, in whole or part, for convenience or to
renegotiate the agreement subject to new funding limitations and conditions. The
COMMISSION may also elect to suspend performance of the agreement until the
COMMISSION determines the funding insufficiency is resolved. Should the COMMISSION
determine funding needs to be reduced, the COMMISSION will provide 30-days' notice of an
intent to reduce the amount of funding available under this agreement.
3.1 Eligible Costs
The COMMISSION will pay the following costs, but only upon full COUNTY compliance with
APPENDIX C — BILLING PROCEDURE, the VSP Program Guidelines (Guidelines), and SCC Grant
and Contract Policy and Procedure Manual (Manual). See Guidelines and Manual on SCC
website.
■ Salaries and benefits, up to 25% indirect of salaries and benefits is allowed on
COUNTY personnel or any district subcontractor personnel designated by the
COUNTY to qualify for indirect costs.
■ Travel, consistent with Washington Administrative and Accounting Manual (WAAM)
and OFM requirements.
■ Training, consistent with Washington Administrative and Accounting Manual
(WAAM) and OFM requirements.
■ Meeting rooms and light refreshments for working meetings. Reimbursement must
comply with Washington Administrative and Accounting Manual (WAAM) and OFM
requirements. Goods and Services including: Copy/print, facilitation, reports, studies,
research and document preparation, which may be accomplished through either staff
efforts or qualified contractors. Contractor services shall comply with State
procurement and contracting law, as well as Manual.
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 2 of 22
■ Equipment. Equipment is defined in Manual. The COUNTY agrees and understands
that pre -approval by the COMMISSION is required for equipment purchases over
$2,000. All equipment should be directly related to the activities of the watershed
group and the implementation of the VSP including Monitoring activities.
Cost Share and District Implemented Project costs as specified in 3.2 and incompliance
with VSP Guidelines and Manual.
3.2 Cost -Share Programs & District Implemented Projects
The COUNTY may choose to offer a cost -share program or a District Implemented Project
(DIP) program to achieve the goals and objectives of the county work plan and RCW Chapter
36.70A. If the COUNTY so chooses to offer a cost -share program or DIP to VSP participants
using funds provided under this contract, the COUNTY hereby agrees that COMMISSION
cost -share and DIP policies and procedures as outlined in the Grant and Contract Policy and
Procedure Manual will be abided by, regardless of who is administering the cost -share or
DIP program (the COUNTY or some other entity on behalf of the COUNTY). If the COUNTY
will directly administer a DIP program the COUNTY must request an approval for an
exception to the Manual. Further, the COUNTY must comply with APPENDIX C — BILLING
PROCEDURE and the VSP Program Guidelines for 2025-2027 Biennium.:
3.3 Disallowed Costs
The COUNTY is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors (such as consultants), and Agent or Subcontractor.
If the COUNTY expends more than the amount of the COMMISSION funding in this
agreement in anticipation of receiving additional funds from the COMMISSION, it does so at
its own risk. The COMMISSION is not legally obligated to reimburse the COUNTY for costs
incurred in excess of this agreement.
3.4 Insufficient Funds
The obligation of the COMMISSION to make payments is contingent on the availability of
state and federal funds through legislative appropriation and state allotment. When this
contract crosses over state fiscal years, the obligation of the COMMISSION is contingent
upon the appropriation of funds during the next fiscal year. The failure of the legislature or
federal agencies to appropriate or allot such funds to the program shall be good cause to
terminate this contract and for the Executive Director of the COMMISSION to determine that
the watershed has not received adequate funding to implement the program consistent with
RCW 36.70A.735 (2) (d).
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 3 of 22
3.5 Method of Compensation
Payment shall be made on a reimbursable basis only for costs or obligations. Eligible costs
incurred by the COUNTY will be considered to have been paid by the COUNTY under this
contract at the time the COUNTY seeks reimbursement from the COMMISSION. No
payments in advance of or in anticipation of goods or services to be provided under this
agreement shall be made by the COMMISSION. The COUNTY must fully comply with
APPENDIX C- BILLING PROCEDURE to be eligible for reimbursement.
3.6 Duplication of Billed Costs
COUNTY shall not bill COMMISSION for services performed under this contract, and the
COMMISSION shall not pay COUNTY, if COUNTY is entitled to payment or has been or will be
paid by any other source, including grant funds, for that service. COUNTY shall return to
COMMISSION any payments made contrary to this paragraph.
4.0 ASSIGNMENT
The COUNTY may not assign this contract. The COUNTY may, however, delegate the work to
be completed under this agreement to an Agent. Any such Agent shall comply with the
requirements of this agreement. Within any such delegation the COUNTY shall remain liable
for any claim arising thereunder, and the COUNTY shall remain responsible for compliance
with this agreement and RCW 36.70A.700-735, and with all applicable Federal, State and local
laws, orders, regulations and permits. COUNTY retains the right to subcontract any portion
or portions of the work as it deems necessary to complete the work. If COUNTY chooses to
delegate tasks to a lead entity (Agent) for VSP, a copy of the subcontract must be sent to the
Commission's VSP Contract Manager identified in APPENDIX C — BILLING PROCEDURE as
soon as the subcontract has been signed by both parties.
5.0 CONTRACT MANAGEMENT
Each party shall assign a specific individual to be responsible for and shall be the contact
person for all communications and billings regarding the performance of this Agreement.
Those individuals will be set out in APPENDIX D — RESPONSIBLE INDIVIDUALS herein
incorporated by reference. If for any reason the individuals identified in Appendix D change,
the parties agree to immediately identify and notify each other of another in writing of the
new responsible individual for this agreement.
6.0 TERMINATION
The COUNTY may terminate this agreement upon 30-days' prior written notification to the
COMMISSION. If this agreement is terminated by the COUNTY, the COUNTY shall be
reimbursed only for performance rendered or costs incurred in accordance with the terms of
this agreement prior to the effective date of termination. If this agreement is terminated by
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 4 of 22
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 an action which may constitute a material breach of this
contract in accordance with Section 7.0 BREACH:
The COUNTY or the COMMISSION may terminate this agreement upon 60-days' prior written
notification for convenience, without any showing of cause.
7.0 BREACH
The COUNTY shall not be relieved of any liability to the COMMISSION for damages
sustained by the COMMISSION and/or the State of Washington because of any breach of
contract by the COUNTY. The COMMISSION may withhold payments for the purpose of
setoff until such time as the exact amount of damages due the COMMISSION from the
COUNTY is determined. In the event the COUNTY fails to commence work on the project
funded herein within the timelines established under RCW Chapter 36.70A., the COUNTY
shall be subject to the requirements of RCW 36.70A.735.
8.0 ENTIRE AGREEMENT AND CHANGES, MODIFICATIONS AND
AMENDMENTS
This agreement and the attached APPENDICES (APPENDIX A-E) contain the entire
integrated agreement of the parties and may be changed, modified or amended by
written agreement executed by both parties.
9.0 ORDER OF PRECEDENCE
Each of the exhibits listed below is by this reference hereby incorporated into this contract. In
the event of a conflict in such terms, or between the terms and any applicable statute or rule,
the inconsistency shall be resolved by giving precedence in the following order:
■ Applicable Federal and state of Washington statutes and regulations.
■ Mutually agreed written amendments to this Contract.
■ Appendix B — Scope of Work
■ This Contract.
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 5 of 22
■ 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.
10.0 APPROVAL
This contract shall be subject to the written approval of representatives of both parties and
shall not be binding until so approved. The contract may be altered, amended, or waived
only by a written amendment executed by both parties.
The signatories to this contract represent that they have the authority to execute this
contract.
11.0 ELECTRONIC SIGNATURE
Parties agree that this Contract and any other documents to be delivered in connection
herewith may be electronically signed, and that any electronic signatures appearing on this
Contract or such other documents are the same as handwritten signatures for the purposes
of validity, enforceability, and admissibility. A signed copy of this Contract or any other
Addenda transmitted by facsimile, email, or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original executed copy of this
Contract or such other Addenda for all purposes.
The use and acceptance of e-signatures and electronic submissions or records must be
consistent with Commission Policy 22-01 and guidance and requirements put in place by
Washington StateIsOffice of the Chief Information Officer (OCIO). The approved technology
to be used for electronic signatures is Adobe Sign.
Electronically signed documents are subject to Records Retention and Maintenance
requirements outlined in Section XII. RECORDS MAINTENANCE of this contract.
WA State Conservation Commission GRANT COUNTY
Date
Date ..— 2,2
James Thompson,
Executive Director Rob Jones, Chair
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 6 of 22
APPROVED AS TO FORM ONLY
Approval on File
Office of the Attorney General DATE
2025-27 Biennium Voluntary Stewardship Program
COMMISSION and COUNTY Agreement
APPENDIX A - GENERAL TERMS AND CONDITIONS
I. DEFINITIONS
Terms used throughout this contract are defined below:
"Agreement" shall mean the contract agreement to which these terms and conditions are
affixed.
"Agent" shall mean any entity to which the COUNTY has assigned responsibilities as
allowed in the agreement.
"Best management practice (BMP)" is a technique designed to protect the air, water, soil,
animals, plants, and humans. BMPs must meet NRCS standards, or alternative practice
designs approved by a licensed professional engineer. NRCS Practice Standards and
Specifications are contained in the USDA NRCS Field Office Technical Guide (FOTG). SCC
also maintains a list of approved practices eligible for cost share for special programs.
"COMMISSION" shall mean the Washington State Conservation Commission, any division,
section, office, including the Office of Farmland Preservation, unit or other entity of the
COMMISSION, or any of the officers or other officials lawfully representing the
COMMISSION.
"Cost -share" is funding used to reimburse landowners for a percentage of the costs
associated with the implementation of Best Management Practice(s) BMP(s). Examples of
costs include, but are not limited to labor, materials, and permits.
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 7 of 22
"COUNTY" shall mean the County receiving the funds as identified in the agreement that
this Appendix is a part of, and is performing activities under this contract, and shall include
all employees of the COUNTY.
"Current Biennium" shall mean July 1, 2025, through June 30, 2027.
"Five-year report" shall mean written report, provided not later than five years after the
receipt of funding for a participating watershed and every five years thereafter, to the
Executive Director of the COMMISSION and to the COUNTY on whether the COUNTY has
met the COUNTY work plan's protection and enhancement goals and benchmarks, as
described in RCW 36.70A.720 (2) (b) (i) and (c) (i).
"Implement" and "implementation" shall mean to execute any requirements of RCW
36.70A.700-760 and associated statutes.
"Project Officer" shall mean the specific employee of the COMMISSION that is assigned as
the primary contact for purposes of the fulfillment of this agreement.
"Two-year report" shall mean the written report of the status of plans and
accomplishments that shall be provided to the COUNTY and to the COMMISSION within
sixty days after the end of each biennium, as described in RCW 36.70A.720 (1) 0).
"Voluntary Stewardship Program" and "VSP" shall mean the program established in, and
governed by, RCW 36.70A.700-760 and associated statutes.
"Watershed group" means an entity designated by a county under the provisions of RCW
36.70A.715. Watershed work group, VSP work group, or work group may be used
interchangeably.
"Work group participants" means those volunteer members of the county VSP watershed
work group designated by the COUNTY who are working to implement the work plan and
fulfill ancillary VSP statutory requirements.
"Work plan" means a watershed work plan developed under the provisions of RCW
36.70A.720.
II. DISPUTES
Except as otherwise provided in this contract, any dispute arising under this contract shall
be decided in the following manner:
By the Commission's Project Officer or other designated official who shall provide a
written statement of decision to the COUNTY. The decision of the Project Officer or other
designated official shall be final and conclusive unless, within thirty days from the date the
COMMISSION receives such statement, the COUNTY mails or otherwise furnishes to the
Executive Director of the COMMISSION a written appeal.
An appeal of the Project Officer's decision shall be addressed by the COMMISSION's
Executive Director. The COUNTY shall have the opportunity to meet with the Executive
Director to be heard either in person or by phone and to provide documents in support of
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 8 of 22
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.
IV. CONTRACTING FOR SERVICES
Purchased goods, services, or public works shall be procured in compliance with State
law, policies, and orders, and the Commission Grant and Contract Policy and Procedure
Manual, including use of a competitive process where required. The COUNTY shall retain
copies of all bids received and contracts awarded, for inspection and use by the
COMMISSION. Retention of copies shall be consistent with time periods established
herein.
V. INDEMNIFICATION
The COMMISSION shall in no way be held responsible for payment of salaries, consultant
fees, and other costs related to the project described herein, except as provided in the scope
of work through the reimbursement procedures described in this agreement.
To the fullest extent permitted by law, the COUNTY shall indemnify, defend and hold
harmless the State of Washington, agencies of the State and all officials, agents and
employees of the State, from and against all claims arising out of or resulting from the
performance of the contract. The COUNTY'S obligation to indemnify, defend, and hold
harmless includes any claim by the COUNTY'S agents, employees, representatives, or any
subcontractor or a subcontractor's employees.
The COUNTY expressly agrees to indemnify, defend, and hold harmless the State of
Washington and the COMMISSION for any claim arising out of or incident to the COUNTY's
or any subcontractor's performance or failure to perform the contract. The COUNTY's
obligation to indemnify, defend, and hold harmless the State of Washington and the
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 9 of 22
COMMISSION shall not be eliminated or reduced by any actual or alleged concurrent
negligence of the State or its agents, agencies, employees and officials.
The COUNTY waives its immunity under Title 51 RCW (Industrial Insurance) to the extent it is
required to indemnify, defend and hold harmless State and its agencies, officials, agents or
employees.
The COMMISSION shall be responsible for any liability arising from its own actions. However,
any liability by the COMMISSION shall not mitigate the COUNTY's duty to indemnify the
COMMISSION for all claims arising out of its performance of the contract.
VI. RECOVERY OF PAYMENTS
In the event the COUNTY fails, through the failure to exercise reasonable diligence unrelated
to the State's failure to fully fund the stewardship process, to perform obligations required of
it by this contract, the COUNTY may be required to repay to the COMMISSION any funds
that were spent by the county without exercising reasonable diligence or a portion of funds
disbursed to the COUNTY for those parts of the project that are rendered worthless by such
failure to exercise reasonable diligence.
In the event that the COUNTY fails to expend funds under this contract in accordance with
state laws and/or the provisions of this contract, the COMMISSION reserves the right to
recapture state funds in an amount equivalent to the extent of the noncompliance in addition
to any other remedies available at law or in equity.
Such rights of recapture shall exist for a period of two years following contract termination.
Repayment by the COUNTY of funds under this recapture provision shall occur within 30
days of demand. In the event that the COMMISSION elects to institute legal proceedings to
enforce the recapture provision, the prevailing party in any litigation for "recapture" shall be
entitled to reasonable attorney fees.
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.
VIII. INDEPENDENT RELATIONSHIP
The COUNTY or COUNTY's Agent(s) performing under this contract are not employees or
agents of the COMMISSION. The COUNTY shall not hold themselves out as nor claim to be
an officer or employee of the COMMISSION or of the State of Washington by reason hereof,
nor will the COUNTY make any claim of right, privilege or benefit which would accrue to such
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 10 of 22
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
federal government may have a proprietary interest in patent rights to any inventions
developed by the COUNTY as provided in 35 U.S.C. §§ 200-212.
Pu,b/ications When the COUNTY, COUNTY's Agent(s), or persons employed by the COUNTY
use or publish information of the COMMISSION; present papers, lectures, or seminars
involving information supplied by the COMMISSION; use logos, reports, maps or other data,
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the
COMMISSION.
XI. PROPERTY MANAGEMENT
The COMMISSION'S Property and Records Management Policy, contained in the
Commission's Grants and Contracts Manual, hereby incorporated by reference, and any
updates thereto, shall control the use and disposition of all real and personal property
purchases wholly or in part with funds furnished by the COMMISSION in the absence of
state, federal statute(s), regulations(s), or policy(s) to the contrary or upon specific
instructions with respect thereto in the scope of work.
XI I. RECORDS MAINTENANCE
The parties to this agreement shall each maintain books, records, documents and other
information which sufficiently and properly reflect all direct and indirect costs expended by
either party in the performance of the services described herein. These records shall be kept
in accordance with the provisions contained on the Secretary of State archives, for records
retention, hereby incorporated by reference, and any updates thereto. These records shall be
subject to inspection, review or audit by personnel of both parties, other personnel duly
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 11 of 22
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.
X111. SEVERABI LITY
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.
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/O Po/icy 188 — Accessibility located at
https://ocio.wa.gov/r)olicyZaccessi b i l ity.
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 2025-27 Biennium Contract Between the WSCC and County - Page 12 of 22
2025-27 Biennium Voluntary Stewardship Program
COMMISSION and COUNTY Agreement
APPENDIX B - SCOPE OF WORK
The scope of the work to be performed by the COUNTY, or its contractors, under this
agreement is the following:
1) Maintain and convene a watershed work group. This includes providing necessary
staff support and facilitation for the watershed group. Assist the watershed group in
the implementation of the approved VSP work plan, including:
A. The COUNTY will organize members of a VSP watershed work group with
representatives from a variety of stakeholder groups including but not limited
to tribes, environmental groups, and agriculture. This should include the
organization of a vetted core watershed work group comprised of a broad
representation of key watershed stakeholders and, at a minimum,
representatives of agricultural and environmental groups and tribes that agree
to participate. The COUNTY will encourage existing lead entities, watershed
planning units, or other integrating organizations to serve as members of the
watershed work group.
B. Working closely with the watershed work group and technical service providers to
ensure full compliance with the requirements and intent of VSP.
C. Ensure that every effort is made to maintain effective communication between the
watershed work group, the technical service providers, the COUNTY, local
stakeholders, and participating state and federal agencies and personnel.
D. The COUNTY will develop and/or maintain watershed work group meeting bylaws,
rules, and/or policies.
E. The COUNTY will provide facilitation for watershed work group meetings or other
actions of the watershed group.
2) Implement the VSP work plan, including implementing the requirements of the VSP
and RCW Chapter 36.70A.700-760. Implementation includes:
A. Identifying critical areas and agricultural activities within those critical areas and
their buffers.
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 13 of 22
B. Identifying a public outreach plan to contact landowners.
C. Identifying and designating entity(ies) to provide landowner assistance (voluntary
stewardship plans), and facilitating working relationships between those entity(ies)
and landowners.
D. Identifying measurable goals and benchmarks.
E. Reviewing applicable water quality, watershed management, farmland protection,
and required species recovery data to incorporate into VSP work plans.
F. Seeking input from tribes, agencies and stakeholders.
G. Developing goals for participation by agricultural operators conducting
commercial and noncommercial agricultural activities in the watershed necessary
to meet the protection and enhancement benchmarks of the work plan.
H. Ensuring outreach and technical assistance is provided to producers and operators
in the watersheds of the county covered under VSP.
I. Creating measurable benchmarks that, within ten years after receipt of funding, are
designed to result in (i) the protection of critical areas functions and values and (ii)
the enhancement of critical areas functions and values through voluntary,
incentive -based measures.
J. Incorporating into the work plan any existing and/or updated development
regulations relied upon to achieve the goals and benchmarks for protection of
critical areas.
K. Establishing baseline monitoring procedures and protocols for (i) participation and
implementation of voluntary stewardship plans and projects, (ii) stewardship
activities, and (iii) the effects on critical areas and agriculture relevant to protection
and enhancement benchmarks.
L. Developing timelines for periodic evaluations, adaptive management, and provide
written reports of work plan status and/or accomplishments to the COMMISSION.
M. Coordinating monitoring programs with other state agency activities.
N. Meeting any other requirement for the successful implementation of VSP in RCW
36.70A.720.
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 14 of 22
Deliverables:
1) Maintain and convene a watershed work group that meets regularly and as
necessary for implementation of the county VSP work plan.
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, 2025, provide the written
biennial report to the COMMISSION. The biennial report must provide the status
of plans and accomplishments of the work plan to COMMISSION. The biennial
report should include a summary of how plan implementation is affecting each
of the following:
1) The protection and enhancement of critical areas within the area where
agricultural activities are conducted;
2) The maintenance and improvement of the long-term viability of agriculture;
3) Reducing the conversion of farmland to other uses;
4) The maximization of the use of voluntary incentive programs to encourage
good riparian and ecosystem stewardship as an alternative to historic
approaches used to protect critical areas;
5) The leveraging of existing resources by relying upon existing work and plans
in counties and local watersheds, as well as existing state and federal
programs to the maximum extent practicable to achieve program goals;
6) Ongoing efforts to encourage and foster a spirit of cooperation and
partnership among county, tribal, environmental, and agricultural interests
to better assure the program success;
7) Ongoing efforts to improve compliance with other laws designed to protect
water quality and fish habitat; and
8) A description of efforts showing how relying upon voluntary stewardship
practices as the primary method of protecting critical areas does not
therefore 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 work
group, facilitate, develop, and submit the five-year report to the director of the
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 15 of 22
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 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
work 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 and/or updated development
regulations relied upon to achieve the goals and benchmarks for protection;
6) Establish baseline monitoring procedures and protocols 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 fiscal biennium;
8) Assist state agencies in their monitoring programs; and
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 16 of 22
9) Satisfy any other reporting requirements of the program.
10The 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. Maintain aMonitoring Plan: The COUNTY agrees that not later than December
31,2026the COUNTY will provide iothe COMMISSION anupdate regarding the
status of its monitoring plan, including any changes that have been made since
its original submission prior to or on July 1, 2024. The S[C encourages the
COUNTY to use the Watershed Monitoring Project Development Guide for the
Voluntary Stewardship Program in Washington, Volume ||| to further develop or
amend the plan, but will not require its use in such amendments. The monitoring
plan shall be designed to continue to facilitate the collection, analysis, and
reporting of information for VSP.
E. Ensure that the COMMISSION has the most recent version of the COUNTY's
VSP work plan b«providing tothe CDMM\SS|ON'sProject Officer,identified
herein inAPPENDIX D—RESPONSIBLE INDIVIDUALS, the most current version
,of the COUNTY'sVSP work plan, which includes all attachments and /or
appendices. This can beaccomplished bmsending the COMMISSION am
electronic link which the COMMISSION can use to download the plan.
F. Provide to the COK4M|SS|C)N's VSP Contract Manager, no later than 120 days
from the date this agreement issigned by the COUNTY, an Operating budget
designed to ensure all requirements related to VSP implementation are
accounted for during the performance of this agreement, and to ensure that the
two year and five-year reporting requirements will be met.
VSP 2025~27 Biennium Contract Between the WSCC and County ~ Page 17Qf 22
2025-27 Biennium Voluntary Stewardship Program
COMMISSION and COUNTY Agreement
APPENDIX C — BILLING PROCEDURE
The COUNTY shall submit monthly invoices in the form and manner identified by the
COMMISSION to the Commission's VSP Contract Manager:
Nicole Boyes
VSP Contract Manager
Washington State Conservation Commission
P.O. Box 47721
Olympia, WA 98504
Send invoices to: sccgrants@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 Policy and
Procedure Manual (Manual). Invoices for payment are due the 20' of the month. A time
summary for staff costs, including compensation or billing rates, shall be attached. Staff
time billing is to be based on composite rates submitted to SCC, loaded composite rates
are not allowed per the Grant and Contract Procedure Manual. New composite rates must
be submitted for staff changes, raises, or new calendar years. Individual time records will
be kept available at the COUNTY for review, in accordance with the Secretary of State's
document retention schedule of the Secretary of State archives. A copy of any contractor
invoices, or other receipts will be attached to the billing.
Billing shall follow the Contract Outcomes identified on the Contract A19. Outcome 1 will
be all expenses associated with this contract. Subsequent Outcomes 2 and higher will be
identified in Amendments for VSP Capital award funds, and will be for awarded capital fund
Cost Share or DIP projects.
Payment to the COUNTY for approved and completed work will be made by account transfer
by the COMMISSION. Payment will be made to the COUNTY and reference the person
identified at the COUNTY in APPENDIX D — RESPONSIBLE INDIVIDUALS. If County
Responsible Individual changes, County will submit a revised APPENDIX D to the
COMMISSION to the person listed in APPENDIX C - BILLING PROCEDURE herein.
Each invoice submitted to the Commission by the County shall reference this contract
number ([K#]) and clearly identify the items related to performance under this contract. All
expenses invoiced shall be supported with copies of receipts or paid invoices. All expenses
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 18 of 22
will follow the Washington Administrative & Accounting Manual (WAAM) guidelines and
the SCC Grant and Contract Policy and Procedure Manual. Any travel will be at the state
per diem rates www.ofm.wa.-gov/poligddefault.asp. At a minimum, County shall specify and
include the following on invoices:
a. A GENCY Agreemen t Number #K2XXX
,b. The total invoice charge.
c. Contract A19, Summary and Detail pages, signed timesheets, copies of subcontractor
invoices, and receipts.
Initial request for Payment:
County may incur expenses prior to agreement being fully executed. SCC will not reimburse
any expenses until the agreement is fully executed by both parties. County may request
reimbursement back to the effective date of the agreement.
Final Request for Payment:
Upon expiration of the Period of Performance, invoices shall be paid only if received within
30 days after the expiration date. If the Period of Performance ends at the end of the Fiscal
Year, final invoice is due not later than July 10. Invoices for all work done within a fiscal year
must be submitted within 10 days after the end of the fiscal year or WSCC may decline to
pay them.
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 19 of 22
2025-27 Biennium Voluntary Stewardship Program
COMMISSION and COUNNAgreement
APPENDIX D — RESPONSIBLE INDIVIDUALS
The Project Officer for the COMMISSION is:
Mike Poteet
VSP Coordinator
Washington State Conservation Commission
P.O. Box 47721
Olympia, Washington 98504
564-250-6519
mpoteet@scc.wa.gov
The responsible individual for the COUNTY is:
NAME:
TITLE:
AGENCY:
MAIL ADDRESS:
CITY, STATE, ZIP:
PHONE:
EMAIL:
The COUNTY Billing Contact (if different than the responsible individual for the COUNTY
above):
NAME:
TITLE:
AGENCY:
MAIL ADDRESS:
CITY, STATE, ZIP:
PHONE:
EMAIL:
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 20 of 22
County Signature Authority for Contracts
Name
Rob Jones
Title
Commissioner District # 2 -Chair
Phone
(509) 770-9848
Email
rjones oun wa. ov
Signature
County Signature Authority for Invoices
Name
Kristina Ribellia
Title
Executive Director
Phone
(509) 765-9618
Email
kristina-ribellia@columbiabasincd.org
Si nature
County Signature Authority for Timesheets
Name
Kristina Ribellia
Title
Executive Director
Phone
(509) 765-9618
Email
kristina-ribellia@columbiabasincd.org
Signature
The following section is to be completed if the County will delegate all responsibility for
SCC billing to a subcontracted Technical Service Provider (TSP), and SCC payments will go
directly to that TSP. Delegation language must be included in the County/TSP subcontract
or ILA.
Subcontractor Responsible Party
Name
Kristina Ribellia
Title
Executive Director
Organization
Columbia Basin Conservation District
Mailing Address
P.O. Box 2495
Moses Lake, WA 98837
Phone
(509) 765-9618
Email
kristina-ribellia@columbiabasincd.org
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 21 of 22
2025-27 Biennium Voluntary Stewardship Program
COMMISSION and COUNTY Agreement
APPENDIX E — Budget
Operating budget
COUNTY should complete this budget form and submit to Commission Contract Manager
as identified in Appendix C. Budget must be approved by the VSP Workgroup prior to
submission. Subtasks listed below are examples and may be modified as needed.
If COUNTY updates or revises their budget after submission to SCC, COUNTY must submit
a copy of the new budget to SCC.
Outcome 1 Operating $XXXXXX
Outcome 1 subtasks
Monitoring
Description if needed
$
Cost Share
$
DIP
$
Equipment
Salaries, Benefits, Overhead
Travel
Training and Meetings
Goods and Services
TOTAL (will match
Outcome 1 Operating
above)
$
Per Scope of Work Section G, COUNTY will provide to the COMMISSION's VSP Contract
Manager, an Operating budget designed to ensure all requirements related to VSP
implementation are accounted for during the performance of this agreement, and to ensure
that the two year and five-year reporting requirements will be met.
Budget should include Outcome 1 as listed above and provide tasks beneath Outcome 1 as
appropriate, including Cost share and DIP if the COUNTY intends to use Operating funds
for these tasks.
Capital Budget to be Amended upon subsequent awards
If COUNTY is awarded capital funds, subsequent capital awards will be included in an
Amendment to this Contract. Amendments will identify each new award with a new
Outcome. The first Amendment will begin with Outcome 2 and add additional Outcomes
with subsequent awards.
VSP 2025-27 Biennium Contract Between the WSCC and County - Page 22 of 22