Approve ILA with Lewis Conservation District for technical assistance to County, Voluntary Stewardship Program (VSP) BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 23-212
APPROVE INTERLOCAL AGREEMENT (ILA)
BETWEEN LEWIS CONSERVATION DISTRICT AND
LEWIS COUNTY FOR TECHNICAL ASSISTANCE TO
THE COUNTY TO IMPLEMENT THE VOLUNTARY
STEWARDSHIP PROGRAM (VSP)
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 continue a grant contract with
the Washington State Conservation Commission for the purpose of funding the
development of a work plan to implement the Lewis County VSP; and
WHEREAS, Lewis County and the Lewis Conservation District partnered in
providing assistance in developing the VSP work plans; and
WHEREAS, it appears to be in the best public interest to approve the Director
signing the contract with an amount not to exceed of $221,000 for the 2023-2025
biennium.
NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners
approves and directs the Director of Community Development to sign the same
on behalf of the County the ILA with Lewis Conservation District for the purpose of
partnering to further implement the VSP work plan.
DONE IN OPEN SESSION this 27th day of June, 2023.
Page 1 of 2 Res. 23-212
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Barbara Russell Sean D. Swope
By: Barbara Russell, Sean D. Swope, Chair
Deputy Prosecuting Attorney
ATTEST: °K. ." •: Scott J J . Brummer
�� .>F..s,•.
S` ott J. Brummer, Vice Chair
CE
• S�� ,:;
• kS45 z >.
Rieva Lester, CMC Lindsey R. Pollock, DVM
Rieva Lester, CMC, ' Lindsey R. Pollock, DVM, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 23-212
INTERLOCAL AGREEMENT
This Interlocal Agreement is made and entered into between the Lewis Conservation District
(hereinafter referred to as"LCD") and Lewis County(hereinafter referred to as "County"), both
political subdivisions of the State of Washington.This Agreement is entered into pursuant to the
Interlocal Cooperation Act, Chapter 39.34 RCW.This Agreement is intended to provide joint
coordination and support services to the Voluntary Stewardship Program (VSP).
WHEREAS,the Washington State Legislature established the VSP as an alternative approach to
protecting critical areas and promoting agriculture; and
WHEREAS,the Washington State Conservation Commission (WSCC) has provided grant funding
to the County to assist an independent local work group in developing a VSP work plan that
contains goals and benchmarks for the protection and enhancement of critical areas that it will
submit to the WSCC,as well as the Departments of Fish and Wildlife, Ecology,and Agriculture for
approval;and
WHEREAS,the County and LCD will partner in providing assistance to the local work group in
implementing the VSP work plan; and
WHEREAS, it is appropriate that in order to implement such an arrangement an Interlocal
Agreement(Agreement) be executed between the parties setting forth the conditions and terms
of that arrangement.
NOW THEREFORE, in consideration of the terms and conditions contained herein, LCD and the
County agree as follows:
1) Purpose.This Agreement is intended to establish responsibilities of the County and LCD in
providing guidance and assistance to the local VSP work group.
2) Means of Joint Undertaking. No separate legal entity shall be created to implement the terms
of this Agreement.The Director of Community Development for the County and the District
Manager for LCD shall provide joint oversight to administer this Agreement.
3) Term.The term of this Agreement and the performance thereof shall commence on July 1,
2023 and expire June 30, 2025.This Agreement may be extended or renegotiated upon
mutual agreement between the parties hereto and pursuant to the terms and conditions of
thisAgreement.
1IPage
4) Services and Responsibilities of LCD.The scope of services provided by LCD to the VSP work
group shall be as specified below:
a) 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:
b) Working closely with the watershed 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
group, the technical service providers, local stakeholders, and participating state and federal
agencies and personnel.
d) 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. Encourage existing lead entities, watershed
planning units,or other integrating organizations to serve as the watershed group.
e) Develop and/or maintain watershed group meeting bylaws, rules,and/or policies.
f) Provide facilitation for watershed group meetings or other actions of the watershed group.
g) Implement the VSP work plan,including implementing the requirements of the VSP and RCW
Chapter 36.70A.700-760. Implementation includes:
h) Identifying critical areas and agricultural activities within those critical areas.
i) Identifying a public outreach plan to contact landowners.
j) Identifying and designating entity(ies)to provide landowner assistance (voluntary stewardship
plans).
k) Identifying measurable programmatic and implementation goals and benchmarks.
I) Reviewing and incorporating applicable water quality, watershed management, farmland
protection,and required species recovery data and plans.
m) Seeking input from tribes,agencies and stakeholders.
n) 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.
21Page
o) Ensuring outreach and technical assistance is provided to producers and operators in the
various watersheds of the county.
p) 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.
q) Incorporating into the work plan any existing development regulations relied upon to achieve
the goals and benchmarks for protection of critical areas.
r) 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.
s) Developing timelines for periodic evaluations, adaptive management, and provide written
reports of plan status and/or accomplishments to the COMMISSION.
t) Coordinating monitoring programs with other state agency activities.
u) Meeting any other requirement for the successful implementation of VSP in RCW 36.70A.720.
5) Deliverables of LCD:
a) Organize, convene and maintain a watershed group that meets regularly and as necessary
for implementation of the county VSP work plan.
b) Implement the VSP work plan,including implementing the requirements of the VSP and RCW
Chapter 36.70A.700-760.
c) 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:
d) The protection and enhancement of critical areas within the area where agricultural
activities are conducted;
e) The maintenance and improvement of the long-term viability of agriculture;
f) Reducing the conversion of farmland to other uses;
g) 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;
3IPage
h) 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;
i) 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;
j) Ongoing efforts to improve compliance with other laws designed to protect water quality
and fish habitat; and
k) 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.
I) 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 web page: (https://www.scc.wa.gov/vsp/implementation). The
Template will be provided by the COMMISSION to the COUNTY.
m) 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:
n) 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;
o) Ensure outreach and technical assistance is provided to agricultural operators in the
watershed;
p) 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;
q) Work with the entity providing technical assistance to ensure that individual stewardship
plans contribute to the goals and benchmarks of the work plan;
41 '�'
r) Incorporate into the work plan any existing development regulations relied upon to achieve
the goals and benchmarks for protection;
s) 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;
t) 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;
u) Assist state agencies in their monitoring programs; and
v) Satisfy any other reporting requirements of the program.
w) The LCD agrees that VSP cost-share projects funded using any amount of COMMISSION VSP
funds shall be reported in the Conservation Practices Database System (CPDS).
x) Completion of a Monitoring Plan: The LCD agrees that not later than July 1, 2024, delivers
to the County a monitoring plan. LCD is encouraged 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.
y) Provide timely quarterly status reports to the County as well as the VSP Program Manager
in a form and manner prescribed by the COMMISSION and deemed reasonable by COUNTY
staff. Reports are to be submitted online to the COMMISSION. Quarterly reports are here:
https://www.formstack.com/forms/?2221155-U3eHg4N8zh. Quarterly reports are due
quarterly for this Agreement:
(1) July 2023—June 2025:
(2) Period of July 1—September 30—Due October 10
(3) Period of October 1—December 31— Due January 10
(4) Period of January 1—March 31— Due April 10
(5) Period of April 1—June 30—Due July 10
6) Services and Responsibility of the County.The County agrees to meet the following
responsibilities under this Agreement:
a) Provide grant contract management and fiscal oversight of WSCC grant funds for the VSP.
b) Work in partnership with LCD to provide guidance and technical assistance to the VSP work
group in implementing the work program.
c) Maintain an independent core work group to guide the overall VSP process.
d) Lend assistance to the VSP work group in providing outreach and communication efforts
51Page
to the broader agricultural community and other interested parties.
e) Attend and participate in VSP work group meetings as availability allows.
f) Provide available technical information to the VSP work group on county
ordinances and planning data.
g) Secure and provide oversight for professional services contracts for assisting the VSP
work group in implementing the work plan as needed.
h) Review and comment on draft documents developed by the VSP work group.
i) Provide for timely payments for the services provided for in this Agreement upon receipt of
a properly constituted and prepared billing by LCD.The estimated total dollar amount of all
work performed by LCD for the VSP under this Agreement shall not exceed $221,000.00
without prior written approval by theCounty.
j) The obligation of the County to make payments is contingent on the availability of a
grant from the Washington State Conservation Commission, state and federal funds
through legislative appropriation and state allotment.The failure of the legislature or
federal agencies to appropriate or allot such funds to the program shall be good cause to
terminate this agreement.
7) Assignment and Subcontracting. No portion of this Agreement may be assigned or
subcontracted to any other individual,firm,entity without express and prior written
approval of the County's Community Development Director and the LCD District
Manager.
8) Modification. Either party may request changes in this Agreement.Any and all agreed
modifications shall be in writing,signed by each of the parties.
9) Termination for Public Convenience.The LCD District Manager or the County Director of
Community Development may terminate this Agreement upon 90 days written notice
whenever either party determines,at either party's sole discretion that such termination is in
the interest of LCD or the County.
10) Defense and Indemnity Agreement. Each party shall hold the other, its officials, employees and
agents, harmless and shall indemnify the other,its officials,employees and agents,from any
and all causes of action,judgments,claims,and damages arising out of its sole and solitary acts
of omissions. Without limiting the foregoing, County acknowledges that LCD is solely
responsible for all liability, costs, or expenses resulting from its acts or omissions, and that LCD's
responsibility hereunder is expressly limited to the provision of the services described in Section
4 of thisAgreement.
11) Venue and Choice of Law. In the event any litigation should arise concerning the enforcement,
breach,construction or interpretation of any of the terms of this Agreement,the venue of such
action or litigation shall be in the courts of the State of Washington in and for the County of
Thurston.The law of the State of Washington shall govern this Agreement for all purposes.
61Page
12) Notice and Deliverables.Any notices or deliverables to be given under this Agreement
shall at a minimum, bedelivered and addressed to:
a) Lewis Conservation District
Attn. District Manager
2057 SW Salsbury Ave.
Chehalis, WA 98532
b) Lewis County Department of Community Development
Attn. Director
2025 NE Kresky Ave.
Chehalis, WA
13) Filing.The Board of County Commissioners shall list an electronically retrievable copy of the
agreement by subject on its page on the Lewis County website pursuant to RCW 39.34.040.
Executed and effective as of the date and year first above written.
3 U 02oZ3
nFi�(/Nn date Lee Napier 61f(SLA d to
V'r -Chair C1.f IGP4T Director of Community Development
APPROVED AS TO FORM:
Jonathan L. Meyer, Prosecuting Attorney
: Civil Deputy date
71Page
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: June 27, 2023
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve Interlocal Agreement (ILA) between Lewis Conservation District and Lewis County for
technical assistance to the County to implement the Voluntary Stewardship Program (VSP) and
Director's signature
Contact: Lee Napier Phone: 360.740.2606
Department: CD - Community Development
Description:
Approve Interlocal Agreement (ILA) between Lewis Conservation District and Lewis County.
Through the ILA, the Lewis Conservation District will provide technical assistance to the County to
implement the Voluntary Stewardship Program (VSP)
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Lee Napier, Sarah Hensley, Sherri Dokken