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Home My WebLink AboutR-1996-043 Yakima (Yakama) Indian Nation / AgreementRESOLUTION NO. R -9i"= 4 3 A RESOLUTION authorizing the execution of an acquaculture project agreement with the Yakama Indian Nation. WHEREAS, the Yakama Indian Nation desires to use the industrial waste pond on the grounds of the City of Yakima Wastewater Treatment Facility for an acquaculture project; and WHEREAS, 100,000 coho salmon are proposed to be acclimated and released into the Yakima River; and WHEREAS, the City Council of the City of Yakima finds that this project is in the best interest of the citizens of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated agreement with the Yakama Indian Nation. n ADOPTED BY THE CITY COUNCIL this / day of 1996. ATTEST: City Clerk 7yn.31°'L n Buchanan, Mayor AGREEMENT BETWEEN THE YAKAMA INDIAN NATION and 17HE CITY OF YAKIMA THIS AGREEMENT is made and entered into on the date shown below between the City of Yakima herein referred to as the City and the Yakama Indian Nation herein referred to as YIN. TERMS AND CONDITIONS OF CONTRACT 1. TERM The period of this contract shall be from: March 25, 1996 TJNTIL April 31, 1996 2. SCOPE OF WORK The City agrees to allow use of the Industrial Waste Pond, herein referred to as the Pond, located on the grounds of the City of Yakima Waste Treatment Facility for an aquaculture project as set forth in the attached Description of Planned Activity, Exhibit "A" attached hereto and incorporated herein by reference. All cost of the activities set forth in Exhibit "A", shall be at the sole cost of YIN. YIN shall obtain all necessary permits for operation of the project. 3. COMPENSATION YIN will pay the City for the rental of the pond. The rental fee will be $100. 4. 'sPENDF, T CONTRACTORS The City and YIN are independent contractors and neither is responsible for payment of any taxes, permits, licenses, or other expenses of the other. 5. MUTUAL TL MNIFICATION Disclaimer, Hold Harmless: The City makes no warranties or representations about the condition of the Pond pursuant to this Agreement. The YIN agrees to indemnify and hold the City harmless from any and all claims and liability arising from or related to destruction of the fish described in Exhibit AGREEMENT BETWEEN THE YAKAMA INDIAN NATION and THE CITY OF YAKIMA THIS AGREEMENT is made and entered into on the date shown below between the City of Yakima herein referred to as the City and the Yakama Indian Nation herein referred to as YIN. TERMS AND CONDITIONS OF CONTRACT 1. TERM The period of this contract shall be from: March 25, 1996 UNTIL April 31, 1996 2. SCOPE OF WORK The City agrees to allow use of the Industrial Waste Pond, herein referred to as the Pond, located on the grounds of the City of Yakima Waste Treatment Facility for an aquaculture project as set forth in the attached Description of Planned Activity, Exhibit "A" attached hereto and incorporated herein by reference. All cost of the activities set forth in Exhibit "A", shall be at the sole cost of YIN. YIN shall obtain all necessary permits for operation of the project. 3. COMPENSATION YIN will pay the City for the rental of the pond. The rental fee will be $100. 4. INDEPENDENT CONTRACTORS The City and YIN are independent contractors and neither is responsible for payment of any taxes, permits, licenses, or other expenses of the other. 5. MUTUAL INDEMNIFICATION Disclaimer, Hold Harmless: The City makes no warranties or representations about the condition of the Pond pursuant to this Agreement. The YIN agrees to indemnify and hold the City harmless from any and all claims and liability arising from or related to destruction of the fish described in Exhibit EXHIBIT A The Yakama Indian Nation intends to enhance naturally spawning coho salmon in the Yakima River. In cooperation with the State Department of Fisheries and other fisheries management agencies, coho salmon smolts are delivered from various state and federal hatcheries to locations in the Yakima River Basin. In 1996, 1,200,000 coho will be included in the program. Coho are acclimated to these locations for periods of approximately one month and then released into the Yakima river. This acclimation project has been very successful in improving adult coho survivals since being implemented in 1992. In 1996, it is proposed that the Industrial Waste Pond on the City of Yakima Waste Treatment site be used as one of three acclimation sites. Fish will be delivered by trucks operated by the US Fish and Wildlife Service and will be observed and fed 7 days a week. After the one month acclimation period, fish will be allowed to voluntarily migrate from the pond into the Yakima River. One minor alteration is required to the pond. A screen will be installed on the discharge to prevent premature migrations. This screen will be removable and approval from Wastewater Plant personnel will be obtained prior to it's installation. Approximately 100,000 coho salmon are proposed to be acclimated at this site. 6. DESIGNATED REPRESENTATIVE The designated representative of the YIN in performing services under this Agreement is: Bill Fiander The designated representative of the City under this Agreement is: Chris Waarvick 7. IMMUNITY The Yakama Nation, by entering into this contract, does not waive its sovereign immunity from suit, nor does The City consent to any suit against YIN. ENTIRE AGREEMENT This contract incorporates all the agreements, covenants, and understandings between the parties hereto concerned. The subject matter hereof and all such covenants, agreements, and understandings have been merged into this contract. No agreement of understanding, verbal or otherwise, of the parties to their responsibilities shall be valid or enforceable unless embodies in this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement and it shall become effective on the date first above written. Delano Saluskin, Tribal Director Yakama Indian Nation Dick Zais City Manager City of Yakima ATTEST: Karen S. Roberts, CMC City Clerk PCP., en", 3'20'96 Date: Date: Date: `406 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 4/2/96 ITEM TITLE: Resolution Authorizing City Manager to Execute Agreement With Yakama Indian Nation to Imprint Silver Salmon in the Industrial Waste Sprayfield Pond SUBMITTED BY: Chris Waarvick, Wastewater Superintende C•)) CONTACT PERSON,TELEPHONE: Chris Waarvick/575.6078 SUMMARY EXPLANATION: City Council is respectfully requested to approve the attached resolution authorizing the City Manager to execute the attached agreement with the Yakama Indian Nation allowing the use of the City of Yakima's Industrial Waste Sprayfield pond to stock and "imprint" silver salmon smolts for release to the Yakima River. The recent floods have impaired, to some degree, the Nation's smolt "imprinting" facilities and they approached the Wastewater Division recently inquiring about potential use of the Industrial Waste Sprayfield pond for such use. This activity will not interfere with our work activities. The smolts will leave the pond on their own accord long before the sprayfield seasons begins. The water appears to be ideal for the imprinting time of approximately 1 to 2 months. We support this proposal and encourage your approval of the resolution. Because of the scheduled transport of the smolts from the hatcheries and the urgency of finding suitable alternative sites for the salmon imprinting, the Industrial Waste Sprayfield pond was stocked with approximately 90,000 smolts on March 27, 1996. This is obviously, yet unavoidably, ahead of Council approval of the use contract with the Yakama Indian Nation. I advised the City Manager to proceed with his informal approval to accommodate the stocking schedule yet follow up with formal Council approval to formalize this short term use contract between. the City and the Yakama Indian Nation. Your approval of this resolution is respectfully requested. Resolution X Ordinance Contract X Other (Specify) Funding Source Not Applicable APPROVED FOR SUBMITTAL:4ff_.....ve,,p—ua. ,4C/tT City Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute an agreement for fisheries use of the Industrial Waste Sprayfield pond with the Yakama Indian Nation. BOARD/COMMISSION RECOMMENDATION: Not applicable. COUNCIL ACTION: yin/city fish agreement March 29, 1996 cw