HomeMy WebLinkAbout08/20/2013 05H WWTP Improvements Grant Agreement with Washington Department of Fish and Wildlife; Riparian Zone Outfall, �_I' Fi
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 'S-
For Meeting of: 8/20/2013
ITEM TITLE: Resolution authorizing an Agreement with the Washington
Department of Fish and Wildlife for a grant of $56,500 for
improvements related to riparian zone outfall alternatives at
the City Wastewater Treatment Plant.
SUBMITTED BY: Debbie Cook, Utilities & Engineering Director
Scott Schafer, Wastewater Division Manager
Ryan Anderson, Utility Engineer
SUMMARY EXPLANATION:
Levy setback in the Gap to Gap Reach of the Yakima River requires development of new outfall
location alternatives for the City's treated wastewater to return to the Yakima River in order for
the City to remain in compliance with its wastewater discharge permit with the Department of
Ecology. As such, the City is completing a floodplain restoration project as part of its new outfall
location.
The floodplain restoration project will need re- establishment of native vegetation onsite in order
to improve the appearance and function of the floodplain and other land surrounding the
site. There has been great support for this project with many community groups willing to
provide volunteers to assist the City in re- establishing the native vegetation.
To assist with this project, the Washington Department of Fish and Wildlife is awarding the City
of Yakima an Aquatic Lands Enhancement Account (ALEA) grant in the amount of $56,500 to
complete the planting of riparian and upland plants on the City's floodplain restoration site. (See
attached Agreement with Attachment A and B.)
Attachment "A" of the Agreement describes the General Terms and Conditions.
Attachment "B" of the Agreement describes the Contract/Project Summary.
Attachment "C" of the-Agreement describes Volunteer Cooperative Project Policy and
Procedures Manual.
Attachment "D" of the Agreement describes the Contractor's Grant Application
Please note Attachment "C" and "D" were not attached but can be provided if requested.
Resolution: X
Other (Specify):
Contract: X
Start Date:
Item Budgeted: No
Funding Source /Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Ordinance:
Contract Term:
End Date:
Amount: $56,500
Grant into Wastewater Facility Project Fund 478.
Improve the Built Environment
RECOMMENDATION:
Staff respectfully requests City Council approve the Resolution.
RESOLUTION NO. R -2013-
A RESOLUTION authorizing the City Manager to execute an Agreement with the
Washington Department of Fish and Wildlife for a grant of $56,500 for
improvements related to riparian zone outfall alternatives at the City
Wastewater Treatment Plant.
WHEREAS, the City of Yakima (City) owns and operates wastewater collection and
treatment facilities in accord with applicable Federal, State and Local regulations; and
WHEREAS, the City's Wastewater Treatment Plant (WWTP) outfall discharges to the
Gap to Gap Reach of the Yakima River; and
WHEREAS, the levies in the Gap to Gap Reach of the Yakima River are being set back
in order to meet the objectives of the Yakima River Basin Water Enhancement Project and the
Yakima County Flood Control Zone District; and
WHEREAS, levy setback in the Gap to Gap Reach of the Yakima River requires
development of new outfall location alternatives for the City's treated wastewater to return to the
Yakima River in order for the City to remain in compliance with its wastewater discharge permit
with the Department of Ecology; and
WHEREAS, the City is completing floodplain restoration projects as part of its new
outfall alternative project; and
WHEREAS, the project will need re- establishment of vegetation onsite in order to
improve the appearance and function of the floodplain and other land surrounding the site; and
WHEREAS, re- establishing native vegetation will provide the most cost effective means
of enhancing the long term appearance of the site; and
WHEREAS, many community groups have indicated they would be willing to provide
volunteers to assist the City in re- establishing native vegetation onsite, and
WHEREAS, the Washington Department of Fish and Wildlife is awarding the City of
Yakima a $56,500 Aquatic Lands Enhancement Account (ALEA) grant to complete planting of
riparian and upland plants on the City's floodplain restoration site; and
WHEREAS, the City intends to enter into a project agreement with the Washington
Department of Fish and Wildlife, provided that the terms and conditions for a Salmon Recovery
Funding Board grant agreement are satisfactory to all parties; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute all applicable documents and
agreements pursuant to a grant from the Washington Department of Fish and Wildlife in the
amount of Fifty -Six Thousand Five Hundred Dollars ($56,500) for reimbursement of
expenditures associated with the re- establishment of native vegetation as part of the City's
Floodplain Restoration project.
ADOPTED BY THE CITY COUNCIL this 20th day of August, 2013.
ATTEST:
Sonya Claar Tee, City Clerk
Micah Cawley, Mayor
Washington
Department of
FISH.d
WILDLIFE
TITLE
A VOLUNTEER COOPERATIVE PROJECT GRANT CONTRACT
Yakima River Floodplain and Upland Vegetation WDFW NUMBER: 13 -1532
Enhancement
CONTRACTOR: City of Yakima
A. PARTIES TO THIS CONTRACT
CONTRACT PERIOD: 7/1/2013 to 6/30/2015
This Grant Contract (Contract) is entered into between the Washington State Department of Fish and Wildlife
(WDFW), 600 Capitol Way North, Olympia, WA 98501 -1091, and City of Yakima (Contractor), 129 N Second St,
Yakima, WA, 98901, and shall be binding upon the agents and all persons acting by or through the parties.
B. PURPOSE OF CONTRACT
This Contract sets out the terms and conditions by which a grant is made from the Aquatic Lands Enhancement
Account of the State of Washington. The grant provides the funds necessary for the Contractor to complete the
Volunteer Cooperative Project described herein.
C. DESCRIPTION OF PROJECT
Contractor shall perform the project as described in Attachments, which are incorporated herein by this reference:
Attachment "A" General Terms and Conditions
Attachment "B" Contract/Project Summary
Attachment "C" Volunteer Cooperative Project Policy and Procedures Manual
Attachment "D" Contractor's Grant Application
D. PERIOD OF PERFORMANCE
The performance period under this Contract shall commence on 7/1/2013 and terminate 6/30/2015. No expenditures
made before or after this period are eligible for reimbursement unless incorporated by written amendment into this
Contract. The Contract may be terminated or the performance period extended pursuant to terms set forth in
Attachment "A."
E. PROJECT FUNDING
The total grant award provided by WDFW for this project shall not exceed $56.500.00. Contractor shall be
responsible for all project costs exceeding this amount. Only Eligible Reimbursement Activities that are in direct
support of the project will be reimbursed. Clarification of eligible /ineligible costs can be found in the WDFW
Volunteer Cooperative Project Policy and Procedures Manual and are hereby incorporated by reference.
F. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties of this Contract are subject to this Contract, including the Attachments, which
are incorporated herein by this reference. Contractor has read, fully understands, and agrees to be bound by all
terms and conditions set forth in these documents.
G. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND WDFW GUIDELINES
This Contract is governed by, and the Contractor shall comply with, all applicable state, federal, and local laws and
regulations, including Chapter 77.100 RCW, Chapter 220 -130 WAC and published WDFW guidelines, which are
incorporated herein by this reference as if fully set forth.
H. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS (IF ANIl
(None)
I. FEDERAL FUND INFORMATION
None of the funds provided through this grant Contract originated from a federal funding source.
Page 1 of 2
J. CONTRACT REPRESENTATIVES
The below named representatives for each of the parties shall be the contact people for all communications and
billings regarding the performance of this Contract. All written communications regarding this Contract shall be sent
to the designated representatives at the addresses below unless notified in writing of any change.
Cooperator's Representative
Ryan Anderson
129 N Second St
Yakima, WA 98901
Office Phone: (509) 249 -6813
Fax:
Email: Ryan.Anderson @YakimaWa.Gov
WDFW's Representative
Joshua Nicholas
Dept. of Fish and Wildlife
600 N Capitol Way
Olympia, WA 98501 -1091
Office Phone: (360) 902 -2685
Fax:
Email: josh.nicholas @dfw.wa.gov
K. ENTIRE CONTRACT
This Grant Contract, along with all attachments and exhibits, constitutes the entire agreement of the parties. No
other understandings, verbal or otherwise, regarding this Grant Contract shall exist or bind any of the parties.
L. EFFECTIVE DATE
This Contract shall be effective 7/1/2013.
IN WITNESS WHERE, WDFW and the Contractor have signed this contract.
CONTRACTOR
By:
Title:
Date
WASHINGTON STATE DEPT. OF FISH AND
WILDLIFE
By:
Jeffrey Hugdahl
Title: Contracts and Purchasing Manager
Date
Page 2 of 2
ATTACHMENT A
GENERAL TERMS AND CONDITIONS
DEFINITIONS - As used in this Contract, the following terms shall have the meaning set forth below:
A. "WDFW" shall mean the Department of Fish and Wildlife, of the state of Washington, any program, division, section,
unit or other entity of WDFW, or any of the officers or other officials lawfully representing WDFW.
B. "Real Property" shall mean that property which is described as land, and generally whatever is erected or growing
upon or affixed to land. The Grantee agrees that WDFW funds shall not be used to purchase real property.
C. "Personal Property" shall mean that property which in its broadest legal signification includes everything the subject
of ownership not being land or any interest in land. Personal property includes movable and tangible things, such as
furniture, merchandise, etc.
D. " Inventoriable Equipment" shall mean all capitalized fixed assets plus all fixed assets meeting WDFW definition of
small and attractive. Equipment, which is not "inventoriable ", shall be considered "minor equipment" and shall be
budgeted and reimbursed under the "Goods & Services" category.
E. "Fixed Assets" shall mean assets (normally tangible, but including several intangible) acquired by through state
funding, with a life expectancy of more than one year.
F. "Goods and Services" shall mean the following expenditures: supplies, materials, communication, utilities, rentals,
leases, repairs, alterations, maintenance, printing, subscriptions, insurance, minor equipment (non - inventoriable
equipment), and other contractual services.
G. "Travel" shall mean the following expenditures: mileage, per diem, lodging, rail, bus, ferry, taxi, air fares, rental cars,
parking fees in accordance with the Office of Financial Management State Travel Regulations.
AUTHORITY - This Contract is entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW and the Fish and
Wildlife Code, specifically Chapter 77.100 RCW. The parties shall comply with the provisions of said citations and any
amendment or update.
IDENTIFICATION - The Contract Number showed on the first page of this Contract MUST appear on all plans, specifications,
correspondence, invoices and related materials.
REIMBURSEMENT- Requests for reimbursement must be in accordance with Attachment B — Contract/Project Summary,
Attachment C - ALEA Volunteer Cooperative Grant Program Policy and Procedures Manual, and Attachment D — Grantee's
Grant Application. Grantee shall be reimbursed for expenditures incurred during the contract agreement time period and be
submitted to and approved by the WDFW Program Manager. Reimbursement to the Grantee for approved invoices shall be
made by WDFW within thirty (30) days upon receipt of a properly completed invoice. To ensure compliance with
documentation requirements when requesting reimbursement, see the, Attachment C - ALEA Volunteer Cooperative Grant
Program Policy and Procedures Manual. WDFW, at its sole discretion, may withhold reimbursement claimed by the Grantee if
the Grantee fails to satisfactorily comply with any term or condition of this Contract.
Travel Reimbursement - Volunteers requesting mileage reimbursement and /or per diem costs must use the following
procedure:
Each individual, if they haven't already done so in previous volunteer service for WDFW, must complete the
Statewide Payee Registration form.
Each individual must complete a WDFW Travel Expense Voucher Form A -20A
The A -20A shall include the original in -ink signatures of the volunteer and person authorized by the Grantee to sign
ALEA — GENERAL TERMS & CONDITIONS, ATTACHMENT A Page 1 of 6
financial and /or contractual documents.
• Submit these documents to the WDFW Program Manager
Other Reimbursement (Not Travel) — All other reimbursements requests (not travel) to the WDFW Project Manager must be
submitted using the following procedure:
• A State of Washington Voucher Form A -19A signed by the person authorized to sign financial documents for the
Grantee
• Attach copies of itemized receipts /invoices for all expenses
• Submit these documents to the WDFW Program Manager
INVOICES - Grantee shall submit invoices in a timely manner, preferably within 15 days of the end of the month for which
reimbursement is being requested. All invoices shall be submitted directly to the WDFW Program Manager identified herein.
ADVANCED PAYMENTS PROHIBITED -No payments in advance or in anticipation of services or supplies to be provided
under this contract shall be made by WDFW.
AUDIT DISCREPANCIES -If any audit identifies discrepancies in the financial records, the Grantee shall provide clarification
and /or make adjustments accordingly. Amounts that have been paid to the Grantee in violation of the terms of this Contract
shall be promptly refunded to WDFW.
OVERPAYMENT -In the event that WDFW establishes overpayment or erroneous payments made to the Grantee under this
Contract, WDFW may secure payment, plus interest shall accrue at a rate of twelve percent (12 %) per annum from the time
WDFW demands repayment of funds.
VOLUNTEER WORKERS — Representatives of the Grantee participating as volunteers in the project described in Attachment
D, Grant Application, may be considered volunteer workers as defined in RCW 51.12.035 and be required to register as
WDFW volunteers. Volunteer activity is limited to and only allowed when not in conflict with compliance licensure, public works
and prevailing wage, and subject to WDFW Program Manager prior approval. Grantee's Project Officer or his /her designee
shall be responsible for registering project volunteers, when required, submitting volunteer timesheets, tracking individual
volunteer hours and reporting the project's volunteer hours as outlined in Attachment C - ALEA Volunteer Cooperative Grant
Program Policy and Procedures Manual.
PROJECT REPORTING — Grantees shall submit quarterly progress reports, which are due within 15 days after the end of
each state fiscal quarter. Grantees shall submit a final project report within 30 days of the end of the contract period or project
completion, whichever is sooner.
PERMISSION - The Grantee shall be responsible for obtaining written permission from the landowner(s) to work on private
property and shall maintain proof of such permission in their files related to this Contract. The Grantee shall ensure that such
landowner agreements include language acknowledging WDFW's right of inspection of the project site as described in the
RIGHT OF INSPECTION section below. If applicable, such agreements must also include language acknowledging that
public access will be allowed as described in the PUBLIC ACCESS section below.
RIGHT OF INSPECTION — The Grantee shall provide right of access to the project location to WDFW, at reasonable times
and with a minimum of 48 hours notice, in order to monitor and evaluate grantee progress, compliance and project outcome
beginning from the start date of this contract and ending three years from the end date of this contract.
PUBLIC ACCESS — If the Grantee's project provides for public access to a facility or area, the Grantee shall ensure that
public access is maintained for a minimum of three years from the end date of this contract.
MAINTAINING VEGETATIVE PLANTINGS — If planting of native vegetation is a practice implemented as part of this contract,
the Grantee shall be responsible for monitoring and maintaining those native vegetative plantings for a minimum of three
ALEA — GENERAL TERMS & CONDITIONS. ATTACHMENT A Page 2 of 6
years from the end date of this contract. Maintenance shall include, watering, weeding, predator control and /or other
strategies as necessary to maintain or improve survival of the vegetative plantings.
PUBLIC WORK - PREVAILING WAGE - Should Grantee be required to purchase any public work related services, the
Grantee must adhere to RCW 39.04.010, RCW 39.12, and current Department of Labor and Industries regulations and
standards. The Director of the Department of Labor and Industries shall arbitrate all disputes of the prevailing wage rate.
PURCHASES - The purchase of goods, services and equipment shall comply with procurement guidelines established by
WDFW, as follows: $1- $9,999 direct purchase, no competitive bids necessary; $10,000 and above, at least three vendor
written bids. WDFW funds used to fund the acquisition of any personal property purchased by the Grantee shall not be
combined with funds from other sources. WDFW shall provide written information on procurement guidelines and provide
assistance as requested by the Grantee in interpreting set guidelines. All purchases of computer type equipment and
radio /communications type equipment shall be coordinated through WDFW to ensure compatibility with WDFW standards.
GENERAL INSURANCE REQUIREMENTS - Grantee shall, at all times during the term of this contract at its cost and
expense, buy and maintain insurance of the types and amounts listed below as applicable to the activity performed under this
contract. Failure to buy and maintain the required insurance may result in the termination of the contract at WDFW's option.
Only volunteers registered with WDFW are covered under the State of Washington Self- Insurance Liability Program.
All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A -, Class
VII or better in the most recently published edition of Best's Reports unless otherwise approved by WDFW. Any exception
must be reviewed and approved by the WDFW Risk Manager or in the absence of, the WDFW Contracts Specialist, before the
contract is accepted. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must
comply with Chapter 48.15 RCW and 284 -15 WAC.
Before starting work, Grantee shall furnish WDFW, with a certificate(s) of insurance, executed by a duly authorized
representative of each insurer, showing compliance with the insurance requirements specified in the bid /proposal, if
applicable, and Contract. Said certificate(s) shall contain the above contract number, name of WDFW Project Coordinator, a
description, and include the State of Washington, WDFW, its elected and appointed officials, agents, and employees as
additional insured on all general liability, excess, umbrella and property insurance policies.
Grantee shall include all subcontractors as insured under all required insurance policies, or shall furnish separate certificates
of insurance and endorsements for each subcontractor. Subcontractor(s) must comply fully with all insurance requirements
stated herein. Failure of subcontractor(s) to comply with insurance requirements does not limit Grantee's liability or
responsibility.
All insurance provided in compliance with this contract shall be primary as to any other insurance or self- insurance programs
afforded to or maintained by WDFW. Grantee waives all rights against the WDFW for recovery of damages to the extent these
damages are covered by general liability or umbrella insurance maintained pursuant to this agreement.
WDFW shall be provided written notice before cancellation or non - renewal of any insurance referred to therein, in accord with
the following specifications.
Insurers subject to Chapter 48.18 RCW (Admitted and Regulated by the Insurance Commissioner): The insurer shall
give the WDFW 45 days advance notice of cancellation or non - renewal. If cancellation is due to nonpayment of
premium, the WDFW shall be given 10 days advance notice of cancellation.
Insurers subject to Chapter 48.15 RCW (Surplus lines): The WDFW shall be given 20 days advance notice of
cancellation. If cancellation is due to nonpayment of premium, the WDFW shall be given 10 days advance notice of
cancellation.
ALEA — GENERAL TERMS & CONDITIONS. ATTACHMENT A Page 3 of 6
In lieu of the coverages required under this section, WDFW at its sole discretion, may accept evidence of self- insurance by the
Grantee, provided Grantee provides the following:
Grantee shall provide a statement by a CPA or actuary, satisfactory to the WDFW, which demonstrates Grantee's financial
condition, to self- insure any of the required insurance coverages.
WDFW may require Grantee to provide the above from time to time to ensure Grantee's continuing ability to self- insure. If at
any time the Grantee does not satisfy the self- insurance requirement, Grantee shall immediately purchase insurance as set
forth under this section.
By requiring insurance herein, WDFW does not represent that coverage and limits will be adequate to protect Grantee, and
such coverage and limits shall not limit Grantee's liability under the indemnities and reimbursements granted to WDFW in this
contract.
The limits of insurance, which may be increased by WDFW, as deemed necessary, shall not be less than as follows:
• Commercial General Liability (CGL) Insurance:
Grantee shall maintain general liability (CGL) insurance, and, if deemed necessary as determined by the WDFW, commercial
umbrella insurance with a limit of not less than $1,000,000 per each occurrence and $2,000,000 for a general aggregate limit.
The products - completed operations aggregate limit shall be $2,000,000.
CGL insurance shall be written on ISO occurrence form CG 00 01 (or substitute form providing equivalent coverage). All
insurance shall cover liability arising out of premises, operations, independent contractors, products - completed operations,
personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another
assumed in a business contract), and contain separation of insured (cross liability) conditions.
• Employers Liability (Stop Gap) Insurance:
Grantee shall buy employers liability insurance, and, if deemed necessary as determined by the WDFW, commercial umbrella
liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee
for bodily injury by disease.
• Business Auto Policy (BAP) Insurance:
Grantee shall maintain business auto liability and, if deemed necessary as determined by the WDFW, commercial umbrella
liability insurance with a limit not less than $1,000,000 per accident. Such insurance shall cover liability arising out of "any
Auto." Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent
coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage and cover a "covered pollution
cost or expense" as provided in the 1990 or later editions of CA 00 01.
Grantee waives all rights against WDFW for the recovery of damages to the extent they are covered by business auto liability
or commercial umbrella liability insurance.
• Workers' Compensation Insurance:
Grantee shall comply with all State of Washington workers' compensation statutes and regulations. Workers' compensation
ALEA — GENERAL TERMS & CONDITIONS, ATTACHMENT A Page 4 of 6
coverage shall be provided for all employees of Grantee and employees of any subcontractor or sub - subcontractor. Coverage
shall include bodily injury (including death) by accident or disease, which arises out of or in connection with the performance of
this contract. Except as prohibited by law, Grantee waives all rights of subrogation against the WDFW for recovery of
damages to the extent they are covered by workers' compensation, employer's liability, commercial general liability or
commercial umbrella liability insurance.
Grantee shall indemnify for all claims arising out of Grantee's, its subcontractor's, or sub - subcontractor's failure to comply with
any State of Washington worker's compensation laws where WDFW incurs fines or is required by law to provide benefits to or
obtain coverage for such employees. Indemnity shall include all fines, payment of benefits to Grantee or subcontractor
employees, or their heirs or legal representatives, and the cost of effecting coverage on behalf of such employees. Any
amount owed to WDFW by Grantee pursuant to the indemnity may be deducted from any payments owed by WDFW to
Grantee for performance of this Agreement.
HOLD HARMLESS AND INDEMNIFICATION - To the extent permitted by law, WDFW and Contractor shall hold harmless
each other and their trustees, officers, directors, employees, agents and volunteers from and against all claims, suits or actins
arising from the negligent acts or omissions of each party's performance or failure to perform under this Agreement.
Furthermore, WDFW and Contractor shall each be solely responsible for its sole negligent acts or omissions, or shall each
share responsibility proportionately for its joint or concurrent negligent acts or omissions of its trustees, officers, directors,
employees, agents and volunteers.
TREATMENT OF INVENTORIABLE EQUIPMENT - Title to all inventoriable equipment financed or furnished by WDFW shall
remain in WDFW. Title to all personal property purchased by the Grantee, for which the Grantee uses any WDFW funds or is
reimbursed by WDFW, shall vest in WDFW.
A. Any property of WDFW furnished to the Grantee under this Contract shall, unless otherwise provided herein, shall be
used by the Grantee only for the performance of this Contract.
B. Grantee shall bear responsibility to WDFW for any loss or damage to WDFW's personal property, which results from
the negligence of the Grantee, or which results from the failure on the part of the Grantee to maintain and administer
that property in accordance with sound management practices.
C. Should any WDFW personal property be damaged, destroyed or lost, the Grantee shall notify WDFW in writing, and
shall take all reasonable steps to protect that property from further damage.
D. All inventoriable equipment identified in the contract as approved for purchase, if any, and is purchased under the
terms of this Contract shall become the property of WDFW. All inventoriable equipment identified in the Contract and
approved for purchase, if any, will remain the property of WDFW for use by the group, with the understanding that all
said equipment will be returned to WDFW when the Grantee ceases to function in an official capacity to WDFW.
E. Grantee shall surrender to WDFW all loaned inventoriable equipment within 30 days of project completion. Final
payment may be withheld until all equipment has been returned to WDFW at the conclusion of the project.
Cooperator shall contact the WDFW representative identified in Section J of the contract to arrange for return of
equipment.
CHANGES AND MODIFICATION - WDFW may, at any time, by written notification to the Grantee and without notice to any
known guarantor or surety, make changes in the general scope of the services to be performed under the Contract. If any
such changes cause an increase or decrease in the cost of, or the time required for the performance of this Contract, an
equitable adjustment may be made in the Contract price or period of performance, or both, and the Contract shall be modified
in writing accordingly.
TERMINATION - This Contract may be terminated by WDFW for noncompliance of the terms and conditions herein stated.
TERMINATION FOR CONVENIENCE - Except as otherwise provided in this Contract, WDFW may, by five (5) days written
notice, beginning on the second day after the mailing, terminate this Contract in whole or in part when it is in the best interests
of WDFW. If this Contract is so terminated, WDFW shall be liable only for payment in accordance with the terms of this
ALEA — GENERAL TERMS & CONDITIONS. ATTACHMENT A Page 5 of 6
Contract for services rendered prior to the effective date of termination.
GOVERNING LAW - This Contract shall be governed by the laws of the state of Washington. In the event of a lawsuit
involving this Contract, venue shall be proper only in Thurston County. The Grantee by execution of this Contract
acknowledges the jurisdiction of the courts of the state of Washington in this matter.
SEVERABILITY - If any provision of this Contract or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid
provision, and to this end the provisions of this Contract are declared to be severable.
ALEA — GENERAL TERMS & CONDITIONS. ATTACHMENT A Page 6 of 6
Washington
Department of
FISH and
WILDLIFE
Contract/Project Summary
Attachment B
TITLE: Yakima River Floodplain and Upland Vegetation
WDFW NUMBER: 13 -1532
Enhancement
PERIOD: 07/01/2013 to 06/30/2015
CONTRACTOR: City of Yakima
CONTRACTOR CONTACT: Ryan Anderson
WDFW MANAGER: Joshua Nicholas
(509) 249 -6813
(360) 902 -2685
PROJECT TYPE: Habitat
SUMMARY PROJECT DESCRIPTION:
This is a project that will re- establish native riparian, floodplain, and upland xeric species on a site that is an
important fish and wildlife corridor in Yakima County and the Yakima River Basin.
PROJECT STATEMENT OF WORK:
Contractor will perform work as described in the original application for funding which is contained in Attachment D.
PROJECT TASKS:
Complete ! Task Taraet Deliverable % Comp
Re- estabish native vegetation cover 06/30/2015
on at least 20 acres of floodplain and
15 acres of uplands surro
Utilize and document 1500 hours of 06/30/2015 Yes
volunteer service.
Submit quarterly reports 06/30/2015 Yes
Submit final report 06/30/2015 Yes
$0
PROJECT BUDGET: OBJECT DETAIL
INDIRECT RATE: Indirect amount calculated by CAPS
Object Sub Object Total Cost
E -Goods and Services $56,500
G- Travel $0
Object Detail Total: $56,500
co ntractprojectsum ma ry. rpt Page 1 of 1 Date Printed: 7/8/2013
Washington State Department of Fish and Wildlife
CONTRACT SIGNATURE AUTHORITY
WDFW Contract #:
Contractor: City of Yakima Date: August 20, 2013
The persons listed below are the only persons designated to have signature authority to sign Contract/
Agreement documents or to sign Invoices or other requests for payment under this agreement. WDFW will
not honor documents signed by persons other than those listed below:
Contract/Agreement Signature Authority
1
Name:
Tony O'Rourke
Sample Signature - Sign Below
Title:
City Manager
Phone #:
2 Name: Sample Signature - Sign Below
Title:
Phone #:
Invoice /Payment Signature Authority
1
Name:
Debbie Cook
Sample Signature - Sign Below
Title:
Director of Engineering and Utilities
Phone #:
2
Name:
Shelley Willson
Sample Signature - Sign Below
Title:
Wastewater Division Acting Manager
Phone #:
All information must be typed or printed clearly and all signatures must be original and in ink. The same
person(s) may be designated to sign both Contract and Payment documents. If a second person is not
listed please write "none" or "not applicable" in the space designated for "name."
(Revised 6127101)