Approve Director of Community Development to sign Voluntary Stewardship Program contract BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
APPROVE DIRECTOR OF COMMUNITY ) RESOLUTION NO. 19- I€4
DEVELOPMENT TO SIGN VOLUNTARY
STEWARDSHIP PROGRAM CONTRACT
WHEREAS, Lewis County opted into the Voluntary Stewardship Program (VSP) on October 31,
2011, and
WHEREAS, VSP provides a unique, grassroots opportunity to establish regulatory certainty for
the agricultural operators in Lewis County critical areas, and
WHEREAS, Lewis County has the opportunity to enter into a third grant contract with the
Washington State Conservation Commission for the purpose of providing adequate funding to
meet the implementation needs of the counties who opted into VSP, and
WHEREAS, it appears to be in the best public interest to approve the Director signing the
contract with an amount not to exceed $240,000 for the entire 2019-2021 biennium
NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners approved and
directs the Director of Community Development to accept the grant offer and to sign the same
on behalf of Lewis County
DONE IN OPEN SESSION THIS ISM DAY OF , 2019
APPROVED AS TO FORM BO,RD OF COUNTY COMMISS e ERS
Jonathan Meyer, Prosecuting Attor '4i IS COUNTY, I t oN
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2019-21 Biennium Contract No. K2014
BETWEEN
The Washington State Conservation Commission
AND
Lewis 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 Lewis 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
commence on the effective date of this agreement, which is July 1, 2019, and be completed
on June 30, 2021, 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 2019-21 Biennium Contract Between the WSCC and County-Page 1 of 20
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.
31 Eligible Costs
The COMMISSION will pay the following costs, but only upon full COUNTY compliance with
APPENDIX C—BILLING PROCEDURE
• Salaries and benefits, 20% indirect of salaries and benefits is allowed on COUNTY
personnel or any subcontractor personnel designated by the COUNTY to qualify for
indirect costs
• Travel, including mileage and per diem for program staff consistent with state law
Travel and expenses paid directly to work group member participants is not
allowed
• Meeting rooms and light refreshments for working meetings Light refreshments
are defined as an edible item that may be served between meals, for example,
doughnuts, sweet rolls, and pieces of fruit or cheese A list of meeting attendees
and an agenda are also required to be eligible for reimbursement
• Facilitation, reports, studies, research and document preparation, which may be
accomplished through either staff efforts or qualified contractors Contractor
services shall conform to ordinary billing rates and overhead multipliers for the type
and location of the services 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 $1,000 All equipment
VSP 2019-21 Biennium Contract Between the WSCC and County- Page 2 of 20
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, the COUNTY hereby agrees that COMMISSION
cost-share policies and procedures 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,
• 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 reported in the five year report under RCW 36 70A.720 (2) (b) (i) and
(c) (i)
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 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
3.4 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 (d)
VSP 2019-21 Biennium Contract Between the WSCC and County- Page 3 of 20
3.5 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
3.6 Retainage
Notwithstanding the provisions of Sections 3 0 - 3.5 above, an amount equal to ten percent
(10%) of the amount listed in section 3.0 FUNDING AVAILABILITY herein shall be retained
by the COMMISSION This amount shall be available to the COUNTY after May 1 2021 or
upon demonstration of satisfactory completion of this agreement, whichever comes first,
provided that the COUNTY has maintained full compliance with the provisions of
APPENDIX C— BILLING PROCEDURE The demonstration of satisfactory completion of this
agreement is defined as meeting all conditions set out in APPENDIX B—SCOPE OF WORK
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
VSP 2019-21 Biennium Contract Between the WSCC and County-Page 4 of 20
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
61 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
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 to provide an estimate of the final anticipated costs associated with the
completion of this agreement through June 30, 2021 to the COMMISSION's VSP
Contract Manager, as set out in APPENDIX B—SCOPE OF WORK is grounds for the
termination of this agreement, at the sole determination of the COMMISSION
6.5 The failure of the COUNTY to fully comply with the provisions in APPENDIX C— BILLING
PROCEDURE shall be grounds for termination of this agreement
6.6 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 7 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
VSP 2019-21 Biennium Contract Between the WSCC and County-Page 5 of 20
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 the last date of signature This date shall be
the "receipt of funds" date for purposes of RCW 36 70A.703 (9) and RCW 26 70A.725 (5)
and (6)
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
VSP 2019-21 Biennium Contract Between the WSCC and County- Page 6 of 20
110 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
Washington State Conservation Commission Lewis County
jj(-34-k' C ` 'Signature ture
YCLA-01/ / 11
Executive Director Date Title Date
APPROVED AS TO FORM BY THE WASHINGTON STATE ATTORNEY GENERAL'S OFFICE
VSP 2019-21 Biennium Contract Between the WSCC and County- Page 7 of 20
2019-21 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, 2019 through June 30, 2021
"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) (j)
"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 2019-21 Biennium Contract Between the WSCC and County- Page 9 of 20
IV CONTRACTING FOR SERVICES
Contracts for personal services, purchased services/goods, and public works shall be
awarded through a competitive process, if required by State law The 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, at the COMMISSION'S sole discretion 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 in the opinion of the COMMISSION 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
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.0 §§ 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
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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 archives website, for
records retention, hereby incorporated by reference, and any updates thereto These
records shall be subject to inspection, review or audit by personnel of both parties, other
personnel duly authorized by either party, the Office of the State Auditor, federal officials so
authorized by law, and as provided by the state Public Records Act, RCW 42.56 All books,
records, 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
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
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XV ACCESSIBILITY REQUIREMENTS
COUNTY will remain current with Federal and Washington State accessibility standards and
comply with OCIO Policy 188—Accessibility located at
https.//ocio.wa.gov/policy/accessibility.
VSP 2019-21 Biennium Contract Between the WSCC and County- Page 13 of 20
2019-21 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
C Identifying and designating entity(ies)to provide landowner assistance(voluntary
stewardship plans)
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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
2) Implement the VSP work plan, including implementing the requirements of the
VSP and RCW Chapter 36 70A 700-760
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A. Two year reports No later than August 30, 2019, provide the first 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 reports No later than 418.21 and in conjunction with the county
watershed group facilitate, develop, assist and submit the five year status
report to the director of the COMMISSION See RCW 36 70A 720 (2) (b) (i) and
(c) (i) At five year intervals from the date of receipt of funding each county
watershed group must submit a report to the director of the Commission and
the COUNTY on whether it has met the work plan's protection and
enhancement goals and benchmarks The five year status report should
include a summary of how plan implementation is satisfying the flowing plan
elements through VSP implementation
1) Develop goals for participation by agricultural operators conducting
commercial and noncommercial agricultural activities in the watershed
VSP 2019-21 Biennium Contract Between the WSCC and County-Page 16 of 20
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
10) VSP cost-share projects that are funded using any amount of
COMMISSION VSP funds shall be reported in the five year report
C Provide a timely quarterly status report 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,
VSP 2019-21 Biennium Contract Between the WSCC and County-Page 17 of 20
D Quarterly reports are due quarterly for this Agreement
July 2019—June 2020
Period of July 1 —September 30, 2019 — Due October 10, 2019
Period of October 1 — December 31, 2019— Due January 10 2020
Period of January 1 — March 31, 2020 — Due April 10, 2020
Period of April 1 —June 30, 2020— Due July 10, 2020
July 2020 - June 2021
Period of July 1 —September 30, 2020— Due October 10, 2020
Period of October 1 — December 31 2020 — Due January 10, 2021
Period of January 1 — March 31, 2021 — Due April 10, 2021
Period of April 1 —June 30, 2021 —Due July 10, 2021
E 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
F Provide to the COMMISSION s VSP Contract Manager no later than March 1,
2021, an estimate of the final anticipated costs associated with the completion
of this agreement through June 30, 2021
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 2019-21 Biennium Contract Between the WSCC and County- Page 18 of 20
2019-21 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'
Karla Heinitz
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• kheinitz @scc.wa.gov, phone 360 407 6212
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. 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 for reimbursement. A Statewide Vendor
Number for payments needs to be sent to the VSP Contract Manager before the first
reimbursement request to assure payments are deposited to the correct account
If payment is to be made directly to a lead entity(i.e conservation district)the COMMISSION needs
to be notified of the entity's Statewide Vendor Number for payments If a county chooses to
delegate tasks to a lead entity for VSP, a copy of the sub contract must be sent to the Commission's
VSP Contract Manager as stated in Section 4.0 Assignment
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 10th after the end of the current fiscal year Failure to comply
with this timeline may result in denial of any such claim
VSP 2019-21 Biennium Contract Between the WSCC and County-Page 19 of 20
2019-21 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 Lee Napier
TITLE Director
AGENCY. Lewis County
MAIL ADDRESS 2025 NE Kresky Ave
CITY STATE, ZIP Chehalis WA 98532
PHONE 360 740 2606
EMAIL lee napier @lewiscountywa goy
The COUNTY Billing Contact (if different than the responsible individual for the COUNTY
above)
NAME Graham Gowing
TITLE Office Manager
AGENCY Lewis County
MAIL ADDRESS 2025 NE Kresky Ave
CITY, STATE, ZIP Chehalis, WA 98532
PHONE 360 740 1232
EMAIL. graham gowing @lewiscountywa gov
VSP 2019-21 Biennium Contract Between the WSCC and County- Page 20 of 20
STATA
nY
My
STATE OF WASHINGTON
CONSERVATION COMMISSION
PO Box 47721 • Olympia, Washington 98504 7721 • (360) 407 6200 • FAX (360) 407 6215
May 24, 2019
Board of County Commissioners
Lewis County
351 NW North St
Chehalis, WA 98532
Re Continued Implementation of the Voluntary Stewardship Program
Dear Board of County Commissioners
During the recent legislative session,the state legislature continued funding for the Voluntary Stewardship Program
(VSP) into the next biennium (2019-21)
As a county who opted in to the VSP, I'm writing to formally notify you funding will be available for the next fiscal
year beginning July 1 2019 for implementation of the VSP
The Commission deems this level of funding adequate funding to meet the implementation needs of the counties
who have opted into VSP This funding is the only funding available from the Commission for VSP implementation
Attached for your review is a contract for the VSP funding for the 2019-21 biennium Once the county has signed
the agreement and returned to the Commission, the Executive Director of the Commission will sign the contract A
fully executed contract will be returned to the county
The effective date of this contract will be July 1, 2019 However, delays without reasonable explanation on
the part of the county in signing this contract past August 31, 2019 may result in the Commission denying
any reimbursement during that time. If you find you cannot comply with signing this contract by August 31,
2019, you must contact Karla Heinitz at 360-407-6212 or by email at kheinitz aa..scc.wa.gov immediately
Also I wanted to highlight some important provisions that continue from last biennia's contract into this new 2019
21 biennium contract. Those include, but are not limited to
1 Funding available for reimbursement under this contract will not exceed $240,000 for the entire
2019 2021 biennium
2 Ten (10) percent of the contract amount will be retained by the Commission until after May 1, 2021
After May 1, 2021, or sooner upon satisfactory progress of the contract, this amount will become
available to the county
3 If the county assigns a VSP lead entity, the Commission will require a copy of any subcontract
between the county and a VSP lead entity
WSCC Letter to VSP Counties Re Contract
May 2019 Page 2 of 2
4 The County is required to provide to the Commission the most recent version of the county's VSP
work plan, which includes all attachments and/or appendices This can be accomplished by
sending to Alicia McClendon, the VSP Administrative Assistant, an electronic link which the
Commission can use to download the plan The link should be sent to amcclendon a(�,scc.wa.gov
5 The Commission will require the county create an implementation budget to ensure all
requirements related to VSP implementation are accounted for during this contract period, and to
ensure the two-year and five-year reporting requirements will be met The county must provide the
budget to the Commission no later than 120 days from the date of signature of the contract by the
County
6 The Commission requires any VSP funds used by the county for cost-share projects abide by the
Commission's Grant and Contract Procedures Manual
7 Lewis County's two year status report is due to the Commission no later than August 30 2019
8 Lewis County's five year report is due to the Commission no later than April 18, 2021
9 The failure of the county to provide any of the following are explicit grounds for termination of the
contract
a. To complete the scope of work in a reasonable time frame,
b To provide timely quarterly status reports
c To provide an estimate of the final anticipated costs associated with the completion of this
contract by March 1, 2021 (if this contract is not already completed by that date),
d To submit monthly invoices for reimbursement to the Commission's VSP Contract
Manager; and
e To identify and keep current the responsible individual as identified in Appendix D—
Responsible Individuals
Thank you for your continued engagement in and support of VSP I look forward to working with you and your staff
on program implementation If you have any questions, please feel free to contact me
Sincerely,
Ron D Shultz
Policy Director
Enclosure VSP 2019-21 Biennium Contract between the Commission and the County
cc Lee Napier
Graham Gowing
BOCC AGENDA ITEM SUMMARY
Resolution BOCC Meeting Date- Jul 01, 2019
Suggested Wording for Agenda Item Agenda Type Consent
Approve Director of Community Development to sign Voluntary Stewardship Program contract
Contact Lee Napier Phone: X2606
Department Community Development
Action Needed Approve Resolution
Description
Approve Director of Community Development to enter into an agreement with Washington State Conservation
Commission for the purpose of funding to the County for the Voluntary Stewardship Program (VSP)
The scope of the work to be performed by the County under this agreement is to implement the requirements of
the Voluntary Stewardship Program(VSP) and RCW 36 70A
Approvals:
User Group Status
Eisenberg, Eric Pending
Gatten Cullen Pending
Napier, Lee Pending
Lester, Rieva Pending
Additional Copies
Pat Anderson,Graham Gowing, Lee Napier Becky Butler and Suzette Smith