Loading...
HomeMy WebLinkAbout07/25/2023 04. Resolution amending the Memorandum of Understanding and Engagement between the City of Yakima and Mid-Columbia 511l BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4. For Meeting of: July 25, 2023 ITEM TITLE: Resolution amending the Memorandum of Understanding and Engagement between the City of Yakima and Mid-Columbia Fisheries Enhancement Group SUBMITTED BY: Scott Schafer, Public Works Director *Bill Preston, City Engineer SUMMARY EXPLANATION: In September2021, Mid Columbia Fisheries Enhancement Group (MCFEG)was awarded funds from the Salmon Recovery Funding Board to support water quality improvements along Cowiche Creek. The improvements include removing 720' of existing berm, regrading, and planting of over 3000 riparian plants and other native vegetation along with some engineered streambed structures. The Cowiche Canyon Trail project contains similar work that is required for wetland impacts caused by the project, and the MCFEG project extends the benefits further along the creek providing for improved fish habitat, wetland areas, a more natural experience for users of the trail. The City desires to allow access to MCFEG to provide support for construction, planting, maintenance and monitoring of floodplain, riparian and wetland restoration sites on City property. As with most mitigation efforts, MCFEG will maintain the site for up to 10 years to allow for successful establishment of the plantings. This is the same requirement that the City has for the trail project. ITEM BUDGETED: NA STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: 2 Description Upload Date Type d Resdution MCFEG 7/21/2023 Coker Memo a ndment to MCFEG Memorandum of Understanding 7'20/2023 tract 3 MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT BETWEEN THE CITY OF YAKIMA AND MID-COLUMBIA FISHERIES ENHANCEMENT GROUP (Floodplain and Riparian Restoration Project) THIS MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT is made and entered into by the City of Yakima (hereinafter the "City") and the Mid-Columbia Fisheries enhancement Group, a non-profit corporation (hereinafter"MCFEG"). WHEREAS, the City is a municipal corporation of the State of Washington, with City Hall being located at 129 North 2nd Street, Yakima, Washington, 98901; and WHEREAS, MCFEG is a non-profit corporation duly formed and existing under the laws of the State of Washington, with offices in White Salmon, Washington, and a mailing address of P.O. Box 2211, White Salmon, Washington, 98672; and WHEREAS, the City operates a Wastewater Treatment Plant as part of its Public Works Department, which is generally located at 2220 East Viola Avenue in Yakima, Washington (tax parcel numbers 191329-44003, 191328-32006, 191333-23001, 191329-44003, 191333-23002, and 191332- 14001), along the Yakima River; and WHEREAS, the City desires to allow access to MCFEG to provide support for maintenance and monitoring of floodplain, riparian and wetland restoration sites on City property(a Scope of Work description is attached hereto as Exhibit A and fully incorporated herein); and WHEREAS, MCFEG has the experience and ability to conduct such restoration and associated maintenance and any other assistance as funding allows; and WHEREAS, the parties have negotiated this Memorandum of Understanding and Engagement for the activities specifically mentioned or incorporated herein; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and MCFEG as follows: 1. Scope of Services. MCFEG agrees to perform the project and maintenance responsibilities outlined in the Scope of Work attached hereto as Exhibit"A" and fully incorporated herein through this reference, which will provide support for maintenance and monitoring at floodplain, riparian, and wetland restoration sites on City property and enhance the environment for the benefit of the City of Yakima and its residents, as well as protect, restore and maintain habitat areas along the Yakima River. 2. Access to Property. In order to facilitate MCFEG's performance of the Scope of Work, City hereby allows MCFEG and its authorized contractors, subcontractors, work crews, employees and volunteers access to the site during the City's regular business hours to implement, inspect, maintain, monitor complete and conduct such other activities as agreed by and between the parties to implement the floodplain and riparian restoration. City hereby assigns all Project monitoring and maintenance responsibilities to MCFEG, and agrees that the City will not intentionally compromise the integrity of the project. 3. Landowner Agreement. This Agreement shall commence upon execution hereof and shall continue for a period of ten (10) years following completion of the project as described herein and in Exhibit A. The parties agree that this Agreement shall constitute a "Landowner Agreement"to wit: Mid-Columbia Fisheries Enhancement Group,P.O.Box 2211,White Salmon, WA 98672 4 The City hereby allows and authorizes MCFEG. its authorized officers, contractors, subcontractors, work crews, employees and volunteers, to access and enter upon the City property subject to the project described herein, for the purposes of p jeotirnp|ernentation. inepmction. mno|nbananoeond monitoring for a period of ten /10\ years. 4' Consideration. City agrees 10 pay yNCFEG compensation for services rendered oaset forth in the attached Scope of Work. The parties may amend this Agreement to include additional work and compensation, provided that any such amendment will be reduced to writing, executed by both parties, and appended tm this Agreement. 5' Additional ObUiqationsmf City' |n addition to the terms and conditions above, the City also agrees to the following: a. Provide MCFEG, or their employees, agents, representatives or assignees the right to enter the land, oƒreasonable times, and upon reasonable notice. Entry io solely for Project implementation and management purposes, to inspect completed work, and to monitor long-term success mfthe completed project. Except in case of emergency, reasonable notice shall be given mt least 4B hours prior tmentry. b. Keep K8CFEG informed wf plans for development in the Project mnea. C. Not intentionally compromise the integrity of the Project. d. Inform MCFEG of any known safety hazards on the property other than general hazards associated with undeveloped land adjacent to waterways and banks of waterways which can be unstable. 6' AddiKiomaUObUi 1 N���F����'. |noddibmn10 the 0ermnmand nond|boneabove, yN<�FE(3 also agrees 0o the foUow|n8� a. Be responsible for the design and installation of the project, mndthecmnduotand activities of its staff, agents and representatives. b. Provide the City with a timeline of estimated dates Vf project activities, including start and completion datea, and to keep the City informed of progress. C. Complete all permitting, including cultural resources permitting, for the project activities. d. Conduct the project-related activitiemdosohbedhenainandinExhibit/\. e. Leave all remaining portions mf the property inas near pre-project oondiUonmo reasonable, mraa otherwise agreed upon in writing with the City. t Inform the City mf project oomnp|etion and the dates for this Agreement. 9. Hold harmless the City from any liability associated from injuries ordomnaQee occurring to vvorheno, agents or volunteers implementing the project. h. Identify the specific maintenance and/or monitoring activities that will be provided byK8CFEG and provide that information in writing upon completion mf the project to the City. 7' �Status of MCFEG. K8CFE{3 and the City understand and expressly agree that YNCFEG is an independent contractor in the performance of each and every part of the Agreement. K8CFEG and its offioera, oontrmctoro, euboontnao1ons, employees and volunteers shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 8' Taxes and Assessments. yWCFEGim solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, income which may be required by law or assessed n against either party aoa result of this Agreement. |n the event that the City |a assessed a tax or assessment as a result of this Agreement, MCFEG shall pay the same before it becomes due. 9' Nondiscrimination. During the performance mf this Agreement, YWCFE{S oho|| not discriminate in violation of any applicable fadero|, state and/or |000| |avv or regulation on the basis of rooe, om|or, oex, na|iQion, national origin, creed, marital ofatuo, po|iboo| affiliation, the presence of any sensory, mental or physical handicap, or any other protected class under federal, state and/or local law. This provision shall include but not be limited to the following: ennp|oymnent, up0nadinQ, demncdimn, transfer, recruitment, advertising, layoff ortermination, rates of pay or other forms of compensation, and selection for training. 10' Compliance with Law. YNCFE{3 agrees to perform the activities and oem|oea listed herein and attached hereto in full oonnp|ionmo with any and all applicable |axva, rules and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. ° 11. |NoUnsuranom_ It is understood that the City does not maintain |iab|Ub/ insurance for yWCFE(3 and/or its employees. 12' Asmimmment. This Agreement, or any interest henain, or claim hensunder, shall not be assigned or transferred in whole or in part by MCFEG to any other person or entity without the prior written consent ofthe City. In the event that such prior written consent 1oon assignment iegranted, then the assignee shall assume all dutiem, obligations, and liabilities ofK8CFEG stated herein. 13' Termination. Either pmdv may terminate this Agreement upon thirty (30) days advance written nmUoa of such termination. 14' Ownership. This Agreement does not authorize K8CFEG to assume jurisdiction over, or any ownership interest in, any City property. The City retains the sole responsibility for taxes, msseemnnentm, and all other responsibilities oaammimted with property ownership. The City also retains all benefits and enjoyment of the rights of ownership, except as are specifically provided in this Agreement. 16' Indemnification and Insurance. o. At no expense tmthe Citv. K8CFEG shall defend against and indemnify fully and fully hold harmless the City ofYakima and its elected and appointed officia|s, employees and mgenta, from any and all |iabi|ib/, danmagem, suits, o|mimno, actione, judgments or denneeo, including all expenses incidental to the investigation and defense thereof and including reasonable attorneya'fees. based mnorarising from the occupancy or use of the property at issue in this Agreement by K8CFEG, its oen/an1a, employees, agen1u, inVitaee, independent contnactona, volunteers or any entity, penaon, firm or corporation acting on behalf ofyNCFEG or under its direction, whether such c|o|mn shall be by K8CFE{3 orathird party. b. K8CFEG agrees tm reimburse the City for any damage to City property, including the leased premnisao, caused by the use of K8CFEG, its emmp|oyemo, a0ento, servants, invitees, independent contnactona, volunteers or any person acting on behalf ofyNCFEG or under its direction. o. {]nor before the effective date of this Agreement, K8CFEG shall provide the City proof of ||ab||ib/ insurance in the amount of One Million Dollars ($1.000.000.00) per occurrence combined bodily injury and property damage and Two Million Oo||mra ($2.000.000.00) Qenans| aggregate. The certificate aho|| state who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect. The policy shall name the Citv, its elected and appointed offioio|o. o offimyro, aoents, and employees as additional insureds. The insured shall not omnoe| or change the insurance without first giving the City thirty C30A oohandmr days prior written notice. The insurance shall be with an insurance company or companies rated A-V|( or higher in Bests Guide and admitted in the State ofWashington. |f subcontractors will be used, the same terms and limits of coverage will apply and a certificate will be required per the instructions above. |n lieu mf such certificate, K8CFEG and/or m subcontractor, aa app|iceb|o, may provide confirmation in writing from their insurance broker that their insurance policy does not contain a subcontract exclusion or an exclusion re|o1|n0 to the work of others. 16' SevemmbilitV' If any portion of this Aonaornent is changed per mutual agreement or any portion is held inxa|id, the remainder mf the Agreement shall remain in full force and effect. 17. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 18' Notices. All notices and demands shall be in writing and sent by certified nnai|, return receipt requmoted, or hand de|iVanod. to the parties 10 their addresses amfollows: TO CITY: Marc Cawley Wastewater Superintendent 2220 E. Viola Ave. Yahima, WA 98901 COPY TO: Robert Harrison City Manager 128 Nmdh2nu Street Yakima, WA 98901 TO K8CFEG: Mid-Columbia Fisheries Enhancement Group P.C). Box 2211 White Sm|mnon, W4 98672 19' Records. a. The records ny|aUnQ to the actions taken and work done pursuant to this Agreement oha||, at all bnneo, be subject to inspection by the City. K8CFEG shall provide the City suffioient, eoha, and proper facilities and equipment for such inspection and free mcoeae to such facilities. K8CFE{3'g records relating to this Agreement will be provided tothe City upon the C|tv'erequest. b. K8CFEG shall promptly furnish the City with such information and records vvh|oh are related to this Agreement as may be requested by the City. Until the expiration of six (6) years after completion of the terms and conditions of this Agreement, or for a longer period if required by law or by the Washington State Secretary of 8tota'a naoond retention achedu|m. K8CFEG ahgU retain and provide the City access to (and the City shall have the right to exarnine, audit and copy) all of K8CFEG'm boohn, docunnanba, papers and records which are related to this Agreement. C. All records no|obng to K8CFEG'o activities under this Agreement must be made available to the Cib/, and also produced to third pmrties, if required pursuant to the Washington Public 7 Records Act, Chapter 42.56 RCW or by law. All records relating to this Agreement must be retained by MCFEG for the minimum period of time required pursuant to the Washington State Secretary of State's record retention schedule. 20. Integration. This written document constitutes the entire Agreement between the City and MCFEG. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County. The parties agree that prior to filing suit for any action to enforce or interpret this Agreement they will attempt to settle any differences through mediation or similar alternative dispute resolution. CITY OF YAKIMA MID-COLUMBIA FISHERIES ENHANCEMENT GROUP Vtit 'CY By: By: Robert Harrison Glenn Miller, President 4 i Date.. , ( Date: 07/22/2021 ATTEST: _ By: irr„;/ Ar Sonya Cla r Tee, City,/rerk CITY CONTRACT NO: A),21-pAl a-av44 RESOLUTION NO: a ������U��U�� �� EXHIBIT" �� Scope of Work City ofYakima Wastewater Treatment Plant F|oodp|min and Riparian Restoration Maintenance and Monitoring The City of Yakima Wastewater Treatment Plant requested assistance from Mid-Columbia Fisheries Enhancement Group to provide support for maintenance and monitoring atf|oudp|ain' riparian and wetland restoration sites on City property. Following are deliverables and costs for this work for anticipated conditions and work. Costs are not to exceed annual projected costs in this scope of work unless approved by City of Yakima Wastewater Treatment Plant. Unexpected site changes may occur during the duration of this agreement. PNCFEG may request approval for additional funds to address unforeseen site conditions(ie,drought, herbivoryor similar event) not to exceed $30,UUO during the term of this agreement. Deliverables Existing Roodp/o/n Restoration Site )+ Maintenance of41'auref|oodp|ain Arevious|yrevegetated inf|oodp|ain bunchQraoses usinBpost'seedin0 broadcast weed treatment that are specific for use ingrasses. Maintenance is anticipated torequire two treatments per year in 2021 through 2023 seasons;one treatment per year or the equivalent is anticipated in3O24 and 2O2S. � Control of noxious weeds using spot-treatment is anticipated to require two treatments per year in 2U21'2025. �^ Plant and maintain 500 sagebrush seedlings per year to initiate colonization into poor soil areas in 2021- 2025. Existing Riparian Sites Maintenance of four riparian subsites totaling approximately I acre that were previously revegetated with native trees and shrubs and fenced to reduce herbivory. Maintenance is anticipated torequire manual and mechanical weed control around plantings and fence maintenance;S one'day1reatments are anticipated in2O21'2OJS. �+ Control of noxious wetland weeds using spot-treatment chemical applications. Two treatments per year are anticipated inZO21'2U%S. Replace unsuccessful plantings with 150 plants per year, including protection from vole herbivory,soil amendment(topsoil), and wood mulch for weed suppression and moisture retention. Design Review of Future Restoration Sites � Participate in planning and design review of future restoration sites not to exceed 30 hours per year. 9 Cost Estimate item Year 1 Year 2 Year 3 Year 4 Year 5 Maintenance of existing floodplain and $35,745 $35,745 $35,745 $25,055 $25,055 riparian restoration sites Provide design review for new $1,350 $1,350 $1,350 $1,350 $1,350 riparian/floodplain restoration projects Travel(1000 miles/yr at$0.545/mile;yr 1 5 $545 $545 at 3000 miles/yr for COVI'D) $1635 $54 $545 Contract management(4 hrs/yr at$50/hr) $200 $200 $200 $200 $200 Bookkeeping(20 hrs/yr at$40/hr) $800 $800 $400 $800 $800 Indirect(10%) $3,973 $3,864 $3,864 $2,795 $2,795 Annual estimated costs $43,703 $42,504 $42,504 $30,745 $30,745 Mid-Columbia Fisheries Enhancement Group,P.O.Box 2211,White Salmon,WA 98672 10 Timeline Site Task Year 1 Year 2 Year 3 Year 4 Year 5 Existing floodplain site Weed control x x x x x Existing floodplain site Plant sagebrush x x x x x Existing riparian site Spot weed treatment x x x x x Existing riparian site Weed control around plantings x x x x x Existing riparian site Replacement of trees and shrubs x x x Existing riparian site Maintain fencing x x x x x l , 11 AMENDMENT AND MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT BETWEEN THE CITY OF YAKIMA AND MID-COLUMBIA FISHERIES ENHANCEMENT GROUP (Floodplain and Riparian Restoration Project) THIS AMENDMENT AND MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT is made and entered into by the City of Yakima (hereinafter the "City") and the Mid-Columbia Fisheries enhancement Group, a non-profit corporation (hereinafter"MCFEG"). WHEREAS, the City is a municipal corporation of the State of Washington, with City Hall being located at 129 North 2nd Street, Yakima, Washington, 98901; and WHEREAS, Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation, and WHEREAS, MCFEG is a non-profit corporation duly formed and existing under the laws of the State of Washington, with offices in White Salmon, Washington, and a mailing address of P.O. Box 2211, White Salmon, Washington, 98672; and WHEREAS, the City owned parcel adjacent to Cowiche Creek which is generally located adjacent to the north of Cowiche Canyon Road outside of Yakima, Washington (tax parcel number 18130934012 and 18130934013 ), and WHEREAS, the City desires to allow access to MCFEG to provide support for construction, planting, maintenance and monitoring of floodplain, riparian and wetland restoration sites on City property (a Scope of Work description is attached hereto as Exhibit B and fully incorporated herein); and WHEREAS, MCFEG has the experience and ability to conduct such restoration and associated maintenance; and WHEREAS, the parties have negotiated this Memorandum of Understanding in the above MOU of previously scoped work and Engagement for the below activities in the amendment follow the same MOU outlined in the agreements made for Floodplain and Riparian Restoration project on the City of Yakima's property at 2220 East Viola Avenue in Yakima, Washington; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and MCFEG to follow the same outlined MOU that this amendment is attached with the increased scope of services outlined in Exhibit B: 1. Scope of Services. MCFEG agrees to perform the project and maintenance responsibilities outlined in the Scope of Work attached hereto as Exhibit"B" and fully incorporated herein through this reference, which will provide support for maintenance and 12 monitoring at floodplain, riparian, and wetland restoration sites on City property and enhance the environment for the benefit of the City of Yakima and its residents, as well as protect, restore and maintain habitat areas along Cowiche Creek. CITY OF YAKIMA MID-COLUMBIA FISHERIES ENHANCEMENT GROUP By: By: Margaret Neuman, Executive Director Date: Date: ATTEST: By: 13 EXHIBIT B Amendment to scope of work on City of Yakima property Activities proposed in MCFEG funding from Department of Ecology: MCFEG was awarded funds from the Washington state Department of Ecology (DOE)to support water quality improvements in the project area. The responsibilities proposed below are supported by the grant on the landowner's property. Funding supports planning and permitting in 2023, implementation in 2023, and maintenance through June 30, 2025. Duration of Agreement: The parties intend that all terms of this Landowner Agreement related to a future agreement between MCFEG and the DOE for Project activities described below shall remain in effect for a period beginning on the date of the agreement for a period of 10 years from the agreement start date. MCF will: 1. Complete cultural resources review and consultation. 2. Remove 720 feet of berm. 3. Regrade streambank and floodplain. 4. Preparation of the site for deep planting. 5. Install approximately 3,000 riparian plants and seed 2 acres with native seed. 6. Maintain, weed, water site in the 2024 growing season 7. Complete all permitting required for project installation. The LANDOWNER will: 1. Allow access to MCFEG and DOE to the Project site 2. Coordinate with MCFEG on site activities and property management that could affect MCFEG's ability to conduct maintenance or planting activities. 3. Not intentionally remove the project. 14 Activities proposed in MCFEG funding from Salmon Recovery Funding Board In September, 2021, MCFEG received funds from the Salmon Recovery Funding Board (SRFB) to conduct fish habitat improvements in the project area. The responsibilities below are applicable to the funds awarded. Funding will support implementation in 2023 and stewardship of the site through 2026. Duration of Agreement: The parties intend that all terms of this Landowner Agreement shall remain in effect for a period beginning on the date of the agreement for a period of 10 years from the agreement's start date. MCFEG will: 1. Secure permits for work. 2. Complete final designs that include the City of Yakima's bridge project set to be constructed in 2023. 3. Remove concrete and railroad berm and regrade the soils to slope of 2.5:1. Concrete, debris, and fill will be disposed of in a legal landfill. Some fill or clean soils may be repurposed outside of the floodplain by the landowners. 4. The contractor will also construct engineered structures in the stream channel, staying within the zero rise and other permit criteria. 5. MCFEG will spread native grass seed and install approx. 3,000 native trees and shrubs.. 6. The re-planted riparian buffer will be approximately 60 ft. wide on the right bank, where all work is planned. 7. Access and staging areas will be rehabilitated. 8. Three years of weed control and irrigation are planned. Weed control may include treating tree of heaven and black locust that are present in the project area. 9. MCFEG will deliver as-built designs at the end of the project, if construction differs from the plan set. The LANDOWNER will: 1. Allow access to MCFEG and Recreation and Conservation Office to the Project site. 2. Coordinate with MCFEG on site activities and property management that affect MCFEG's ability to conduct planting activities. 3. Not intentionally remove the project.