Loading...
HomeMy WebLinkAboutMason Conservation District Amendment # 2 MC Contract#19-053 ORIGINAL Voluntary Stewardship Program Interlocal Agreement-Amendment#2 Between Mason County and MASON CONSERVATION DISTRICT This Amendment, issued pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, extends the Interlocal Agreement dated July 1, 2017, relating to the Voluntary Stewardship Program, for a two-year period through June 30, 2021. It is the purpose of this Amendment to AGREEMENT for the COUNTY to meet the requirements for implementation of the Voluntary Stewardship Program, consistent with RCW 36.70A.700- 760 and related statutes. THEREFORE, IT IS MUTUALLY AGREED THAT: DEFINITIONS Terms used throughout this contract are defined below: "Agreement" shall mean the Interlocal 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. "COUNTY" shall mean MASON COUNTY, any division, section, office, unit or other entity of the COUNTY, or any of the officers or other officials lawfully representing the COUNTY. "DISTRICT" shall mean the MASON CONSERVATION DISTRICT 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 DISTRICT. "Agreement Manager" shall mean the specific employee of either the DISTRICT or COUNTY that is assigned as the primary contact for purposes of the fulfillment of this Agreement. "Voluntary Stewardship Program" and"VSP"shall mean the program established in, and governed by, RCW 36.70A.700-760 and associated statutes. "WSCC"shall mean the Washington State Conservation Commission INTENT The COUNTY will provide funding consistent with the terms of this agreement, the policies of the COUNTY, and the laws of the state of Washington; and the DISTRICT will implement the terms of this AGREEMENT with the funding provided consistent with the policies of the DISTRICT and the laws of the state of Washington. STATEMENT OF WORK The DISTRICT shall furnish the necessary personnel, equipment, material and/or service(s), or contract with third parties to accomplish the same, and otherwise do ail things necessary for or incidental to the performance of the work set forth herein, and set forth in Attachment A-Statement of Work which is incorporated herein. The DISTRICT shall report in writing 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. PERIOD OF PERFORMANCE It is the intent of the PARTIES that the period of performance will be consistent with the timelines set forth in RCW 36.70A.720-760, subject to available funding. Subject to its other provisions,the period of performance of this AGREEMENT shall commence on July 1, 2019 and be completed on iwiaicrn June 30, 2021, unless either extended by AGREEMENT of the PARTIES or terminated sooner, as provided herein. DISTRICT will be responsible for completing the activities detailed in Attachment A-Statement of Work during this performance period. The remaining activities and work products addressed in subsequent AGREEMENTs or amendments as funding is provided through the WSCC. If such funding is not provided,the PARTIES agree that the DISTRICT shall be under no additional obligations under this AGREEMENT and any funds that have been provided up to that point shall not be returned to COUNTY or the State. PAYMENT Compensation for the work provided in accordance with this AGREEMENT has been established under the terms of chapter 39.34.130 RCW. The PARTIES have estimated that the cost of accomplishing the work herein will not exceed$240,000. Payment for satisfactory performance of the work shall not exceed this amount unless the PARTIES mutually agree to a higher amount prior to the commencement of any work which will cause the maximum payment to be exceeded. Compensation for services shall be in accordance with the in Attachment A-Statement of Work which is attached and incorporated herein. METHOD OF PAYMENT Payment shall be made on a reimbursable basis for costs or obligations. Eligible costs or obligations incurred by the DISTRICT will be considered to have been paid under this AGREEMENT at the time the DISTRICT seeks reimbursement from the WSCC. No payments in advance of or in anticipation of goods or services to be provided under this AGREEMENT shall be made by the COUNTY. BILLING PROCEDURES The DISTRICT shall voucher the WSCC directly. The COUNTY agrees to send a copy of this signed AGREEMENT to the WSCC for their records. BILLING DETAIL The DISTRICT shall use the A-19 form that the WSCC will provide to the DISTRICT for all billings against this AGREEMENT. The A-19, along with the WSCC standard Summary and Detail voucher pages will need to be submitted along with backup for all the charges requested for reimbursement. Billings will need to be submitted monthly to the WSCC. ELIGIBLE COSTS 1. The COUNTY shall reimburse the DISTRICT at the contract hourly rates for each hour worked by DISTRICT personnel. 2. Travel-as allowed per current Washington State Per Diem rates 3. Meeting rooms and light refreshments-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 is also required. 4. Reports, studies and research 5. Copy and printing costs (for reports, studies, etc.) 6. Facilitation costs (if any). 7. Equipment purchases will be considered on a case by case basis. These costs need to be directly related to the activities of the Work Group. The purchase will need to be approved in writing by the WSCC prior to the costs being incurred, or the costs will not be reimbursed. Equipment includes, but is not limited to: computers, data base software, and GIS software. The DISTRICT must submit requests for equipment purchase consideration to the WSCC for approval. REPORTING REQUIREMENTS Reporting requirements are described in Attachment A—SCOPE OF WORK DUPLICATION OF BILLED COSTS The DISTRICT shall not bill the COUNTY for services performed under this contract, and the COUNTY shall not pay the DISTRICT, if the DISTRICT is entitled to payment or has been or will be paid by any other source, including grants, for that service. FUNDING CONTINGENCY In the event funding from state,federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this AGREEMENT and prior to completion of the work in this AGREEMENT, COUNTY may: 1. Terminate this AGREEMENT with five days advance notice. If this AGREEMENT is terminated, the PARTIES shall be liable only for performance rendered or costs incurred in accordance with the terms of this AGREEMENT prior to the effective date of termination. 2. Renegotiate the terms of the AGREEMENT under those new funding limitations and conditions, 3.After a review of project expenditures and deliverable status, extend the end date of this AGREEMENT and postpone deliverables or portions of deliverables, or 4. Pursue such other alternative as the PARTIES mutually agree to writing FUNDING AVAILABLE Funding provided by legislative appropriation for the work herein will not exceed 1240,000. Payment for satisfactory performance of the work accomplished under this AGREEMENT shall not exceed this amount. DISALLOWED COSTS The DISTRICT 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 DISTRICT expends more than the amount of COUNTY funding in this AGREEMENT in anticipation of receiving additional funds from COUNTY, it does so at its own risk. COUNTY is not legally obligated to reimburse the DISTRICT for costs incurred in excess of this AGREEMENT. INSUFFICIENT FUNDS The obligation of COUNTY to fund this AGREEMENT is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this AGREEMENT crosses over state fiscal years the obligation of the DISTRICT 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 AGREEMENT. ASSIGNMENT The DISTRICT may not assign or delegate the Lead Entity work to be completed under this AGREEMENT. DISTRICT retains the right to subcontract any portion or portion(s) of the work as it deems necessary to complete the work. AGREEMENT MANAGEMENT Each PARTY has assigned a specific individual to be responsible for and shall be the contact person for all communications and billings regarding the performance of this AGREEMENT. Written notification must be provided should either PARTY change their AGREEMENT Manager. 1.The AGREEMENT Manager for COUNTY is: Frank Pinter, Budget Manager 411 N 5th Street Shelton WA 98584 Phone: 360-427-9670, x530 E-mail: FPinter@co.mason.wa.us 2. The AGREEMENT Manager for the DISTRICT is: John Bolender, District Manager 450 W Business Park Rd. Shelton, WA 98584 Phone: 360-427-9436, x121 E-mail: joeender@masoncd.org TERMINATION COUNTY may terminate this AGREEMENT upon 30-days' prior written notification to the DISTRICT for cause, or for failure to complete the requirements of the Statement of Work in a reasonable time frame. If this AGREEMENT is terminated by the COUNTY, the DISTRICT 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. The DISTRICT may terminate this AGREEMENT upon 30-days' prior written notification to the COUNTY. If this AGREEMENT is terminated by the DISTRICT, the DISTRICT 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 DISTRICT terminates this AGREEMENT prior to the Work Plan's approval, or prior to when the Work Plan's goals and benchmarks are met, COUNTY may be subject to the requirements of RCW 36.70A.735 and related statutory sections. AMENDMENTS This AGREEMENT may be amended by mutual agreement of the PARTIES. Such amendments shall not be binding unless they are in writing and signed by individuals authorized to bind each of the PARTIES. ASSURANCES The PARTIES agree that all activity pursuant to this AGREEMENT shall be in accordance with all applicable federal, state and local laws, rules, and regulations as they currently exist or as amended. DISPUTES Except as otherwise provided in this AGREEMENT, any dispute arising under this AGREEMENT shall be decided by COUNTY's AGREEMENT Manager or other designated official who shall provide a written statement of decision to the DISTRICT. The decision of COUNTY's AGREEMENT Manager or other designated official shall be final and conclusive unless, within thirty days from the date the DISTRICT receives such statement, the DISTRICT mails or otherwise furnishes to COUNTY a written appeal. An appeal of COUNTY's AGREEMENT Manager's decision shall be addressed by the County's Board of Commissioners(BOCC). The DISTRICT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of BOCC 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 DISTRICT shall proceed diligently with the performance of this AGREEMENT and in accordance with the decision rendered. 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 DISTRICT 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 Mason County. Except as otherwise provided in this AGREEMENT, in the event of litigation or other action brought to enforce AGREEMENT terms, each party agrees to bear its own attorney fees and costs. In the event of an inconsistency in the terms of this AGREEMENT, or between its terms and any applicable statute or rule,the inconsistency shall be resolved by giving precedence in the following order: 1.Applicable local, state and federal statutes and rules; 2.Agreement; 3.Attachments; and 4.Any other provisions of the AGREEMENT, including materials incorporated by reference. CONTRACTING FOR SERVICES Contracts for personal services, purchased services/goods, and public works shall be awarded through a competitive process in adherence with RCW 39.26 Washington State codes, laws, and regulations. The DISTRICT shall retain copies of all proposals or bids received and contracts awarded,for inspection and use by the COUNTY. Contracts with service providers must include the terms and conditions as detailed in this AGREEMENT as appropriate. COUNTY retains the right to require a contract review prior to execution. Retention of copies shall be consistent with time periods established herein. INDEMNIFICATION 1. Mutual Indemnity. To the extent of its comparative liability, each PARTY agrees to indemnify, defend and hold the other PARTY, its elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its elected and appointed officials, employees, agents or volunteers. In the event of any concurrent act or omission of the PARTIES, each PARTY shall pay its proportionate share of any damages awarded. The PARTIES agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages, if any, are adjudicated. If any claim is resolved by voluntary settlement and the PARTIES cannot agree upon apportionment of damages and defense costs, they shall submit apportionment to binding arbitration. 2. Survival of Indemnity Obligations. The PARTIES agree all indemnity obligations shall survive the completion, expiration or termination of this AGREEMENT. INDEPENDENT RELATIONSHIP The DISTRICT's services shall be furnished by the DISTRICT as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this AGREEMENT by the DISTRICT as an independent contractor. The DISTRICT acknowledges that the entire compensation for this AGREEMENT is specified in Attachment B-Budget and the DISTRICT is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the COUNTY. The DISTRICT represents that he/she/it maintains a separate place of business, serves clients other than the COUNTY, will report all income and expense accrued under this AGREEMENT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. The DISTRICT will defend, indemnify and hold harmless the COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. NON-DISCRIMINATION IN EMPLOYMENT COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The DISTRICT shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. NON-DISCRIMINATION IN PARTICIPATION The DISTRICT shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny the participation of an individual or business under this AGREEMENT. KICKBACKS The DISTRICT 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 or gift in return for award of a subcontract hereunder. DISTRICT shall meet or exceed the requirements detailed in RCW 42.52 Ethics in Public Service. OWNERS/P OF ITEMS PRODUCED All writings, programs, data, public records or other materials prepared by The DISTRICT and/or its consultants or sub-contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of COUNTY. When the DISTRICT creates any copyrightable materials or invents any patentable property, COUNTY retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. The DISTRICT further agrees to make research, notes, and other work products produced in the performance of this AGREEMENT available to COUNTY upon request. WORK PRODUCTS The DISTRICT will provide COUNTY with all work product including; plans, data, maps, as- builds, reports or similar prior to the release of the final payment for services. PATENT/COPYRIGHT INFRINGEMENT The DISTRICT will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the DISTRICT infringes any patent or copyright. The DISTRICT will pay those costs and damages attributable to any such claims that are t nally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. The DISTRICT shall be notified promptly in writing by COUNTY of any notice of such claim. B. The DISTRICT shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. RECORDS MAINTENANCE The DISTRICT shall each maintain books, records,documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of COUNTY and other individuals duly authorized, 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 a minimum of six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by COUNTY shall have full access and the right to examine any of these materials during this period. 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. 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. BREACH The DISTRICT shall not be relieved of any liability to COUNTY for damages sustained by COUNTY and/or the State of Washington because of any breach of AGREEMENT by the DISTRICT. COUNTY may withhold payments for the purpose of setoff until such time as the exact amount of damages due COUNTY from the DISTRICT is determined. In the event the DISTRICT fails to commence work on the project funded herein within the timelines established under RCW 36.70A., COUNTY shall be subject to the requirements of RCW 36.70A.735. ENTIRE AGREEMENT AND CHANGES, MODIFICATIONS AND AMENDMENTS This AGREEMENT and Attachment A-Statement of Work, Attachment B-Budget and Attachment C-Forms contain the entire integrated AGREEMENT of the PARTIES and may be changed, modified or amended by written AGREEMENT executed by both PARTIES. EFFECTIVE DATE The effective date of this Agreement shall be July 1, 2019. Amendment dated this 1st day of July, 2019. MASON CONSERVATION DISTRICT: BOARD OF COUNTY COMMISSIONERS MASON COON,4 iSHINGTON 40 son Ragan, Kevin Shu-y, if air APPROVED AS TO FORM: Tim Wead, Chief DPA Voluntary Stewardship Program Interlocal Agreement Mason County and Mason Conservation District Attachment A-Statement of Work The COUNTY has designated the DISTRICT as the Lead Entity responsible for administering VSP funds and coordinating the VSP Watershed Work Group. The COUNTY is responsible for the overall administration of the Mason County VSP including program and fiscal responsibilities and compliance. PRIMARY GOALS 1. Organize, facilitate and provide leadership to a Watershed Work Group that will implement the VSP Work Plan in accordance to guidance set by the BOCC,to provide protection of critical areas while maintaining the viability of agriculture. The scope of the work to be performed by the DISTRICT, 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 DISTRICT, local stakeholders, and participating state and federal agencies and personnel. C. The DISTRICT 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. D. The DISTRICT will develop and/or maintain watershed group meeting bylaws, rules, and/or policies. E. The DISTRICT 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). 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. 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 11.24.20, 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 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 DISTRICT staff. Reports are to be submitted online to the COMMISSION.