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HomeMy WebLinkAboutMid-Columbia Fisheries Enhancement Group - MOU for Ketchen Riparian Restoration ProjectMEMORANDUM OF UNDERSTANDING AND ENGAGEMENT BETWEEN THE CITY OF YAKIMA AND MID -COLUMBIA FISHERIES ENHANCEMENT GROUP ("Ketchen" 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, City is a municipal corporation of the. State of Washington, with City Hall being located at 129 North 27.! 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 owns property generally located at 5505 Cowiche Canyon Road, - Yakima, Washington, 98908, Yakima County Tax Parcel Number 181309-34013; and WHEREAS, MCFEG has secured Salmon Recovery Funding Board (SRFB) funding to conduct salmon habitat improvement activities on land adjacent to Cowiche Creek, specifically including the above-described property owned by the City; and WHEREAS, the City desires to allow -access to MCFEG to complete the Project which includes removing non-native material embedded into the banks of Cowiche Creek, recontour the.,streambank, remove surface debris and garbage, and plant native trees, shrubs and grasses in the riparian area (a full Project Description and Maintenance Responsibilities is attached hereto and 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. Pursuant to grant funds received by MCFEG-from the SRFB, MCFEG agrees to perform the project and maintenance responsibilities outlined in the "Project Description and Maintenance Responsibilities," (hereinafter referred to collectively as "Project") attached hereto. as. Exhibit "1" and fully incorporated herein through this reference, which will enhance the environment forthe benefit of the City of Yakima: end its residents, as well as protect and maintain habitat areas along Cowiche Creek. 2. Access to Property. In order to facilitate. MCFEG's performance of the Project, City hereby allows ,MCFEG and its authorized contractors, subcontractors, work crews, employees and volunteers, together with authorized personnel of the Washington State Recreation and Conservation Office (hereinafter referred to as "RCO"), 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 Project. City hereby assigns all Project monitoring responsibilities to MCFEG, and agrees that the City will not intentionally compromise the integrity of the Project except as otherwise approved by RCO. 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 1. The parties agree that this Agreement shall constitute a "Landowner Agreement" as required by RCO, to wit: The City hereby allows and authorizes MCFEG, its authorized officers, contractors, subcontractors, work crews, employees and volunteers, together with authorized personnel of the RCO, to access and enter upon the City property subject to the Project described herein, for the purposes of Project implementation, inspection, maintenance and monitoring for a period of ten (10) years from MCFEG's completion of the Project. It is understood by all parties that limited maintenance funding may be available to support specific portions of the Project and additional funding may not be available. Maintenance activities will depend on funds available. 4. Additional Obligations of City. In addition to the terms and conditions above, the City also agrees to the following: a. Provide MCFEG, SRFB, or their employees, agents, representatives or assignees the right to enter the land, at reasonable times, and upon reasonable notice. Entry is solely for Project implementation and management purposes, to inspect completed work, and to monitor long-term success of the completed project. Except in case of emergency, reasonable notice shall be given at least 48 hours prior to entry. b. Keep MCFEG informed of plans for trail development in the Project area. 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. e. Notify MCFEG of changes in ownership of the property on which the Project is located within thirty (30) days of transfer and provide a copy of this Agreement to the succeeding property owner prior to the transfer. 5. Additional Obligations of MCFEG. In addition to the terms and conditions above, MCFEG also agrees to the following: a. Be responsible for the design and installation of the Project, and the conduct and activities of its staff, agents and representatives. b. Provide the City with a timeline of estimated dates of Project activities, including start and completion dates, 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 activities described herein and in Exhibit 1. e. Leave all remaining portions of the property in as near pre -Project condition as reasonable, or as otherwise agreed upon in writing with the City. f. Inform the City of Project completion and the dates for this Agreement. g. Hold harmless the City from any liability associated from injuries or damages occurring to workers, agents or volunteers implementing the Project. h. Identify the specific maintenance and/or monitoringactivities that will be provided by MCFEG and provide that information in writing'upon completion of the Project to the City. 6. Status of MCFEG. MCFEG and the City understand and expressly agree that MCFEG is an independent contractor in the performance of each and every part of the Agreement. MCFEG and its•officers, contractors, subcontractors, 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. 7. Taxes and Assessments. MCFEG is 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 against either party as a result of this Agreement. In the event that the City is assessed a tax or assessment as a result of this•Agreement, MCFEG shall pay the same before it becomes due. 8. Nondiscrimination. During the performance •of this Agreement, MCFEG shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, marital status, political 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: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 9. Compliance with Law. MCFEG agrees to perform the activities and services listed herein and attached hereto in full compliance with any and'all applicable laws, rules and regulations adopted or promulgated by any govemmental agency or regulatory body, whether federal, state, local, or otherwise. 10. No Insurance.' It is understood that the City does not maintain liability insurance for MCFEG and/or its employees. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by MCFEG to any other pe'r'son or entity without`the prior written consent of the City. In theevent that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of MCFEG stated herein. 12. Termination. Either party may terminate this Agreement upon thirty (30) days advance written notice of such termination, and notice is also provided to SRFB. 13. Ownership. This Agreement does not authorize MCFEG or SRFB to assume jurisdiction over, or any ownership interest in, any City property. The City retains the sole responsibility for taxes, assessments, and all other responsibilities associated with property ownership. The City also retains all benefits and enjoyment of the rights of ownership, except as are specifically provided in this Agreement. 14. Indemnification and Insurance. a. At no expense to the City, MCFEG shall defend against and indemnify fully and fully hold harmless the City of Yakima and its elected and appointed officials, employees and agents, from any and all liability, damages, suits, claims, actions, judgments or decrees, including all expenses incidental to the investigation and defense thereof and including reasonable attorneys' fees, based on or arising from the occupancy or use of the property at issue in this Agreement by MCFEG, its servants, employees, agents, invitees, independent contractors, volunteers or any entity, person, firm or corporation acting on behalf of MCFEG or under its direction, whether such claim shall be by MCFEG or a third party. b. MCFEG agrees to reimburse the City for any damage to City property, including the leased premises, caused by the use of MCFEG, its employees, agents, servants, invitees, independent contractors, volunteers or any person acting on behalf of MCFEG or under its direction. c. On or before the effective date of this Agreement, MCFEG shall provide the City proof of liability insurance in the amount of One Million Dollars ($1,000,000.00) per occurrence combined bodily injury and property damage and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall 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 City, its elected and appointed officials, officers, agents, and employees as additional insureds. The insured shall not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. If subcontractors will be used, the same terms and limits of coverage will apply and a certificate will be required per the instructions above. In lieu of such certificate, MCFEG and/or a subcontractor, as applicable, may provide confirmation in writing from their insurance broker that their insurance policy does not contain a subcontract exclusion or an exclusion relating to the work of others. 15. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 16. 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. 17. Notices. All notices and demands shall be in writing and sent by certified mail, return receipt requested, or hand delivered, to the parties to their addresses as follows: TO CITY: COPY TO: Brett Sheffield, PE Chief Engineer 129 North 2nd Street Yakima, WA 98901 Cliff Moore City Manager 129 North 2"d Street Yakima, WA 98901 TO MCFEG: Mid -Columbia Fisheries Enhancement Group P.O. Box 2211 White Salmon, WA 98672 COPY TO: Salmon Recovery Funding Board P.O. Box 40917 Olympia, WA 98504-0917 18. Records. a. The records relating to the actions taken and work done pursuant to this Agreement shall, at all times, be subject to inspection by the City. MCFEG shall provide the City sufficient, safe, and proper facilities and equipment for such- inspection 'and free access to such facilities. MCFEG's records relating to this Agreement will •be provided td the City upon the City's request. b. MCFEG shall promptly furnish the City with such information and records which 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 State's record retention schedule, MCFEG shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of MCFEG's books, documents, papers and records which are related to this Agreement. c. All records relating to MCFEG's activities under this Agreement must be made available to the City, and also produced to third parties, if required pursuant to the Washington Public 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. 19. 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. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 21. 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 By: 11- 6x342 Date: Cliff M ore (0/0/1 "7 ATTEST: By Glenn/ Miller, President Date: (0/ D Sonya (ala r Tee, City Clerk #es ati ''StHINC;\ CITU CONTRACT NO: oilJ RESOLUTION NO /7/4 EXHIBIT 1 Project Description and Maintenance Responsibilities 1. Written description of the project -related activities that will occur on Landowner's Property (consistent with project cost elements): (Include restoration/enhancement activities and any Tong -term maintenance needs and effectiveness monitoring activities that will occur in future years.) Mid -Columbia Fisheries will hire and oversee a contractor to excavate, remove, and dispose of concrete and non-native material embedded into the bank, channel, and floodplain in two areas and re -contour the stream bank in these areas. Bank roughing treaments composed of logs, posts, and willows will be installed at both areas where larger amounts of concrete are being removed. These treatments will prevent scour on the banks to allow the native vegetation to re-establish on the stream bank. Surface debris and garbage will be removed and disposed of on both sides of Cowiche Creek. The riparian area and floodplain will be planted with native trees, shrubs and grasses. Some of these plants will be installed with a small excavator, stinger, or similar equipment. Weed treatment and soil decompaction will be done prior to seeding with native grasses. Weed -free straw will be spread on disturbed surfaces if need to reduce runoff. Mid -Columbia Fisheries will also work with city staff to define vehicle parking areas and block vehicles access from the re -planted areas if needed. 2. Describe the maintenance and monitoring responsibilities of both the Landowner and Grantee for the term of this agreement. Include the activities, frequency and duration of work to be performed. Project maintenance is expected to consist of weed management and watering. Mid -Columbia Fisheries will be seeking grant funding to support weed management and watering in 2018 and 2019. Currently, no funding is available for this work. Project monitoring will consist of photo points, and monitoring of plant survival. Cowiche Creek is also included in long term coho and steelhead redd counts. Map Yakima County GIS - Washington vakama County Assesses ,a1-1719 rry'M_ rs. Land Information Portal First American Dile www.firstam.com 509 248. 7550 Assessor Planning Real estate FAQ Help Legend Search Tools Overview Search By: Parcel Number • la Parcel #:. E iter a compete or partial PARCEL NUMBER Parcel Numbers must beat least 6 characters. Gic the Search button to =ewe Search MapScale: 1 Inch = 400 ft. 0 0 Overlays: Aerial Photography • FEMA Critical Areas Contours Utilities MapSiZ.: Small (800x600) • Maps brought to You by: Valley Title Guarantee TRW inetrance 8 CAPON Service 1geo coon (509) 248-4442 Eastirg0t) I Florttrrgtn, Lagitudel) I Labl detN1 q q :i . 0 Click Map to: Get Information One Inch = 400 Feet Feet 200 400 600 Map Report PROPFRTY PHOTOS: r (23 PROPFRTY INFORMATION AS OF 417'?01111:0J:04 PM Parcel Address 5505 COWICHE CANYON RD, ,WA Peer -al Owner(s) CITY OF YAKIMA Parcel Number Property Use: Parcel Size:!L49 Acre(s) 111 Other Residential PRINTING Printer - Friendly Page