HomeMy WebLinkAboutAgreements/Contracts - Development ServicesK23-153
2023-25 Biennium Contract No. K2415
BETWEEN
The Washington State Conservation Commission
AND
Grant 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 Grant 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 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, 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
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otherwise do all things necessary for or incidental to the performance of the work set forth
herein.
The COUNTY shall report in writing within 30 days any problems, delays or adverse
conditions that will materially affect their ability to meet project objectives or time schedules
stated herein. This disclosure shall be accompanied by a statement of the action taken or
proposed and any assistance needed to resolve the situation.
The COUNTY shall complete the work listed in APPENDIX B — SCOPE OF WORK, herein.
3.0 FUNDING AVAILABILITY AND COSTS
The parties expect legislative appropriation for this work shall not exceed $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 Authorization form needs to be
approved prior to the purchase of the refreshments and approved by an authorized
signatory. Light refreshments are defined as: an edible item that may be served
between meals, for example, doughnuts, sweet rolls, and pieces of fruit or cheese. A
list of meeting attendees and an agenda are also required to be eligible for
reimbursement.
■ Facilitation, reports, studies, research and document preparation, which may be
accomplished through either staff efforts or qualified contractors. Contractor services
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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, prior to 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,
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• 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.
3.4 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.
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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.
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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.
6.4 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).
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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.
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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 plan's protection and enhancement goals and benchmarks, as
described in RCW 36.70A.720 (2) (b) (i) and (c) (i).
"Implement" and "implementation" shall mean to execute any requirements of RCW
36.70A.700-760 and associated statutes.
"Project Officer" shall mean the specific employee of the COMMISSION that is assigned as
the primary contact for purposes of the fulfillment of this agreement.
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"Two-year report" shall mean the written report of the status of plans and
accomplishments that shall be provided to the COUNTY and to the COMMISSION within
sixty days after the end of each biennium, as described in RCW 36.70A.720 (1) 0).
"Voluntary Stewardship Program" and "VSP" shall mean the program established in, and
governed by, RCW 36.70A.700-760 and associated statutes.
"Watershed group" means an entity designated by a county under the provisions of RCW
36.70A.715.
"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.
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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 subcontractor's employees.
The COUNTY expressly agrees to indemnify, defend, and hold harmless the State of
Washington and the COMMISSION for any claim arising out of or incident to the COUNTY's
or any subcontractor's performance or failure to perform the contract. The COUNTY's
obligation to indemnify, defend, and hold harmless the State of Washington and the
COMMISSION shall not be eliminated or reduced by any actual or alleged concurrent
negligence of the State or its agents, agencies, employees and officials.
The COUNTY waives its immunity under Title 51 RCW (Industrial Insurance) to the extent it is
required to indemnify, defend and hold harmless State and its agencies, officials, agents or
employees.
The COMMISSION shall be responsible for any liability arising from its own actions. However,
any liability by the COMMISSION shall not mitigate the COUNTY's duty to indemnify the
COMMISSION for all claims arising out of its performance of the contract.
VI. RECOVERY OF PAYMENTS
In the event the COUNTY fails, through the failure to exercise reasonable diligence unrelated
to the State's failure to fully fund the stewardship process, to perform obligations required of
it by this contract, the COUNTY may be required to repay to the COMMISSION any funds
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.
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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
employee under law. Conduct and control of the work outlined in the scope of work shall be
solely with the COUNTY.
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
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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.
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.
X111. RECOR®S 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
inn accordance with the provisions contained on the Secreta [y of State archives
for records
retention, hereby incorporated by reference, and any updates thereto. These records shall be
subject to inspection, review or audit by personnel of both parties, other personnel duly
authorized by either party, the Office of the State Auditor, federal officials so authorized by
law, and as provided by the state Public Records Act, RCW 42.56. All books, records,
documents, and other material relevant to this agreement will be retained for six years after
expiration and the Office of the State Auditor, federal auditors, and any persons duly
authorized by the par -ties shall have full access and the right to examine any of these
materials during this period.
XIII. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this
agreement, which can be given effect without the invalid provision if such remainder
conforms to the requirements of applicable law and the fundamental purpose of this
agreement, and to this end the provisions of this agreement are declared to be severable.
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XIV. WAIVER
A failure by either party to exercise its rights under this agreement shall not preclude that
party from subsequent exercise of such rights and shall not constitute a waiver of any other
rights under this agreement unless stated to be such in a writing signed by an authorized
representative of the party and attached to the original agreement.
XV. ACCESSIBILITY REQUIREMENTS
COUNTY will remain current with Federal and Washington State accessibility standards and
comply with 000 Policy 188 — Accessibility located at
htt s: ociO.wa. ov olic accessibilit .
XVI. CONFLICT OF INTEREST
No officer, official, agent, or employee of either party to this contract who exercises
any function or responsibility in the review, approval, or carrying out of this contract, shall
participate in any decision which affects their personal interest or the interest of any
corporation, partnership or association in which they are, directly or indirectly, interested; nor
shall they have any personal or pecuniary interest, direct or indirect, in this contract or the
proceeds thereof.
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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.
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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 p.g: (https://wwvv.scc.wa.aov/vspZimpi,ementation . 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
11 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: httr)s:L/www.formstack.comZformsZ?2221155-
U3eHa4N8zh. 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: scc rants scc rants.a.00v
For billing questions, contact: n o es@scc.wa.c civ; 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
rshuItzP,scc.wa.gov
The responsible individual for the COUNTY is:
NAME:
Chn"Istopher Young
TITLE:
Development Sei-ir"'ve-i-11ces
AGENCY:
Columbilla Bas2"1-`n Con on
AGENCY:
Grant County
,MAIL ADDRESS:
264 West Division ,;'-X,,,%,-eenue
CITY, STATE, ZIP:
Ephrata, 98823
PHONE:
509-754-2011 E 3019
PHONE:
(509) 765-9618
EMAIL:
cyoung@grantcountywa.gov
The COUNTY Billing Contact (if different than the responsible individual for the COUNTY
above):
NAME:K
r 1`111 s t in a R i'll, b e I I i a
TITLE:
Executilve
AGENCY:
Columbilla Bas2"1-`n Con on
1107 S Juniper Dr-'.,,ve
MAIL ADDRESS:
M o s e s L a k e 11,ol"V1., 9 8 8 3 7
CITY, STATE, ZIP:
PHONE:
(509) 765-9618
EMAIL:
k r il s t "I n a - rilib e I I Mia @ c o I u m b i a b a s 1"112 n c d kg -i
VSP 2023-25 Biennium Contract Between the WSCC and County - Page 21 of 21