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HomeMy WebLinkAboutR-2006-196 Yakima Basin Storage AllianceRESOLUTION NO. R-2006-196 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an "Agreement between the City of Yakima and Yakima Basin Storage Alliance" concerning services to advance the Black Rock Reservoir Project. WHEREAS, irrigation demands, instream flow needs for anadromous fish, and water for future development compete for the available water supplies of the Yakima River basin; and WHEREAS, there has been insufficient water to meet these competing needs in ten of the last thirty years; and WHEREAS, global climate changes and dwindling ground water resources will negatively impact the available water within the Yakima Basin; and WHEREAS, additional water storage will help to meet current and future demands for water within the Yakima Basin; and WHEREAS, economic, environmental, water demand, and water supply analyses indicate that creating a pumped storage water reservoir in the Black Rock Valley ("Black Rock Project") would provide a significant supply of water to the Yakima Basin for irrigation purposes and would help to free up some of the existing stored water for fish and water quality; and WHEREAS, the Black Rock Project could provide significant environmental benefits by eliminating irrigation diversions and allowing the lower Yakima River flow to approach a more normative flow; and WHEREAS, YBSA is committed and focused on increasing the amount of water in storage, including advancement of the Black Rock Project, to provide greater and more dependable instream flow for fish and water quality in the Yakima River and to better insulate the agricultural and industrial economies of the Yakima Basin from the severe impacts of drought; and WHEREAS, YBSA is willing to provide certain services to advance the Black Rock Project on behalf of the City of Yakima in accordance with the terms and conditions of this Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached agreement with YBSA, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Agreement between the City of Yakima and Yakima Basin Storage Alliance" concerning services to advance the Black Rock Reservoir Project. ADOPTED BY THE CITY COUNCIL this 12th day ofember, 2 6. ATTEST: David Edler, ayor Debo Moore, City Clerk AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA BASIN STORAGE ALLIANCE THIS AGREEMENT (hereinafter the "Agreement") is entered into by the City of Yakima, a municipal corporation (hereinafter the "City"), and the Yakima Basin Storage Alliance (hereinafter "YBSA"). WHEREAS, irrigation demands, instream flow needs for anadromous fish, and water for future development compete for the available water supplies of the Yakima River basin. WHEREAS, there has been insufficient water to meet these competing needs in ten of the last thirty years. WHEREAS, global climate changes and dwindling ground water resources will negatively impact the available water within the Yakima Basin. WHEREAS, additional water storage will help to meet current and future demands for water within the Yakima Basin. WHEREAS, economic, environmental, water demand, and water supply analyses indicate that creating a pumped storage water reservoir in the Black Rock Valley ("Black Rock Project") would provide a significant supply of water to the Yakima Basin for irrigation purposes and would help to free up some of the existing stored water for fish and water quality. WHEREAS, the Black Rock Project could provide significant environmental benefits by eliminating irrigation diversions and allowing the lower Yakima River flow to approach a more normative flow. WHEREAS, YBSA is committed and focused on increasing the amount of water in storage, including advancement of the Black Rock Project, to provide greater and more dependable instream flow for fish and water quality in the Yakima River and to better insulate the agricultural and industrial economies of the Yakima Basin from the severe impacts of drought. WHEREAS, YBSA is willing to provide certain services to advance the Black Rock Project on behalf of the City of Yakima in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of terms, conditions, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree to the following: 1. Scope of Services. YBSA will perform the following: a. E-mail both the agenda and minutes of monthly YBSA board meetings to designated City representatives. 1 b. When requested by City representatives, appear before the City Council, any City Council subcommittee, or any City group to- present information and answer questions about the progress of the Black Rock Project. c. Present educational information and promote the Black Rock Project at public meetings with all interested organizations in Kittitas, Yakima and Benton Counties. d. Ensure that the goals and objectives of the Black Rock Project meet the criteria listed in the Yakima River Watershed plan. e. Monitor the Bureau of Reclamation's (BOR) Water 2025 Policy to prevent crisis and conflict in the west. f. Continue to employ Ted Strong and Associates to ensure that environmental and fish needs are addressed. g. Work with the Yakama Nation to increase the number of anadromous fish returning to the Yakima River Basin and increase the use of the Cle Elum supplementation fish hatchery. h. Keep state elected officials and agencies abreast of the needs and progress of the Black Rock Project. i. Work with the northwest Congressional delegation and other members of Congress along with federal agencies to present the urgent need to complete the Black Rock Project. YBSA would use a professional public relations organization, along with a lot of volunteer activity, to accomplish this task. YBSA would refrain from lobbying efforts and no funds received from the City will be expended toward any lobbying activities. j. Support the Kennewick Irrigation District's Pump Exchange Project to ease the water demand on the Yakima River Basin by moving the point of diversion from the Yakima River. 2. Compensation. a. Compensation. The City shall pay YBSA Two Thousand Five Hundred Dollars ($2,500) per month for the services provided during the term of this Agreement. The total amount to be paid to YBSA shall not exceed Thirty Thousand Dollars ($30,000.00). b. Payment of Compensation. YBSA shall submit monthly invoices to the City. Said invoices shall itemize all services rendered during the preceding monthly period. Payment shall be due and payable within thirty (30) days of receipt of YBSA's invoice by the City. All payments are expressly conditioned upon YBSA providing services hereunder which are satisfactory to the City. c. Payment in the Event of Termination. In the event that either party terminates this Agreement under Section 13, YBSA shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective termination date. 3. Term of Agreement. This Agreement shall commence on January 1, 2007, and shall terminate on midnight, December 31, 2007, unless terminated earlier by either party in accordance with Section 13. 2 4. Maintenance of Records, Annual Financial Statement and Inspections. a. YBSA shall maintain accounts and records, including personnel, property, financial, and program records, and such other records as the City may deem necessary to ensure proper accounting for all funds and compliance with this Agreement, including a system of internal controls and accounting systems which conform to generally accepted accounting principles and auditing standards. b. All such records and documents shall be retained by YBSA and be available for inspection, audit and copying by appropriate City representatives and/or appropriate federal/state officials during the term of this Agreement and for a period of three (3) years following the termination of this Agreement. c. YBSA shall provide access of facilities to the City, the state and/or federal agencies or officials at reasonable times to monitor and evaluate the services provided under the Agreement. The City will give advance notice to YBSA in the case of fiscal audits to be conducted by the City. d. YBSA shall prepare an annual financial statement and have such reviewed by an independent certified public accountant. One copy of said financial statement and review shall be provided to the City during the term of this Agreement. 5. Status of YBSA. YBSA and the City understand and expressly agree that YBSA is an independent contractor in the performance of each and every part of this Agreement. YBSA, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. YBSA shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between YBSA and the City. 6. Taxes and Assessments. YBSA shall be solely responsible for compensating its officers, employees and agents and for paying all related taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, YBSA shall pay the same before it becomes due. 7. Nondiscrimination Provision. During the performance of this Agreement, YBSA shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 8. Compliance With Law. 3 YBSA agrees to perform all work/services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 9. Indemnification and Hold Harmless. a. YBSA agrees to protect, defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from any negligent act and/or omission of YBSA, its officers, employees, volunteers, agents, and/or subcontractors, arising out of the performance of this Agreement. b. In the event that both YBSA and the City are negligent, YBSA's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees) that can be apportioned to YBSA, its officers, employees, volunteers, agents, and/or subcontractors. c. Nothing contained in this section of this Agreement shall be construed to create a liability or a right of indemnification in any third party. d. This section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 10. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by YBSA to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of YBSA stated herein. 11. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict and shall be deemed modified to conform to such statutory provision. c. Should the City determine that the severed portions substantially alter this Agreement so that the original intent and purpose of the Agreement no longer exists, the City may, in its sole discretion, terminate this Agreement. 12. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict 4 performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 13. Termination of Agreement. This Agreement may be terminated with or without cause at any time by either party providing the other party ten (10) calendar days' written notice of the termination. In the event of termination, the amount of compensation shall be prorated monthly to the nearest full month of service. 14. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO THE CITY: TO YBSA: Dick Zais, City Manager 129 North Second Street Yakima, WA 98901 Sid Morrison Central Washington Business Resource Center 10 North 9th Street Yakima, WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 15. Drafting of Agreement. Both YBSA and the City have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general Agreement rule of law that ambiguities in the Agreement language shall be construed against the drafter of a Agreement shall have no application to any legal proceeding, arbitration and/or action in which this Agreement and its terms and conditions are being interpreted and/or enforced. 16. Integration. This written document constitutes the entire agreement between the City and YBSA. There are no other oral or written agreements between the parties as to the subjects covered herein. 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. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 5 18. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA: YAKIMA ASIN STORAGE ALLIANCE By: C�a\�� `t B mime ,/" R. A. Zais, Jr., City Manager moi. orrison, Chairman /2- /5-01c, City Clerk City Contract No. AOUG Resolution No. , D06—/99 6 ./ Date: /a o2 C6 Attest: ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 17 F For Meeting of December 12, 2006 Resolution authorizing the City Manager of the City of Yakima to execute an Agreement between the City of Yakima and Yakima Basin Storage Alliance" concerning services to advance the Black Rock Reservoir Project. SUBMITTED BY: David Brown, Water/Irrigation Manage Dave Zabell, Assistant City Manage CONTACT PERSON/TELEPHONE: David Brown, 575-6204 SUMMARY EXPLANATION: Increasing irrigation and municipal demands, instream flow needs for anadromous fish, and waterfor future development are competing for the water supplies in the Yakima River basin. There has been insufficient water to meet these competing needs in ten of the last thirty years. Additional water storage will help to meet current and future demands for water within the Yakima Basin. Economic, environmental, water demand, and water supply analyses indicate that creating a pumped storage water reservoir in the Black Rock Valley ("Black Rock Project") could provide a significant supply of water to the Yakima Basin for irrigation purposes and would help to free up some of the existing stored water for fish and water quality. The Black Rock Project could provide significant environmental benefits by eliminating irrigation diversions and allowing the lower Yakima River flow to approach a more normative flow. Yakima Basin Storage Alliance (YBSA) is committed and focused on increasing the amount of water in storage, including advancement of the Black Rock Project, to provide greater and more dependable instream flow for fish and water quality in the Yakima River and to better insulate the agricultural and industrial economies of the Yakima Basin from the severe impacts of drought. YBSA is willing to provide certain services to advance the Black Rock Project on behalf of the City of Yakima in accordance with the terms and conditions of the attached Agreement. The City will pay YBSA up to $2.500 per month for the services provided during the term of this Agreement. The total amount to be paid to YBSA shall not exceed $30,000.00. YBSA will submit monthly invoices to the City, these invoices will itemize all services rendered during the preceding month. All payments are conditioned upon YBSA providing services which are satisfactory to the City. Resolution X Ordinance Contract X Other (Specify) Mail to: Sid Morrison, Central WA Business Center, 10 N. r St. Yakima, WA 98901 Funding Source: 474 Water Oper Fund and 475 Irrigation Operating Fund APPROVED FOR SUBMITTAL: "` tt.City Manager STAFF RECOMMENDATION: This is a Council Policy decision. COUNCIL ACTION: Resolution adopted. RESOLUTION NO.R-2006-196