08/17/2021 06.I. Resolution authorizing a Memorandum of Understanding and Engagement with the Mid-Columbia Fisheries Enhancement Group to monitor, maintain, and provide design review for existing and future restoration projects at the wastewater treatmen 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.1.
For Meeting of:August 17, 2021
ITEM TITLE: Resolution authorizing a Memorandum of Understanding and
Engagement with the Mid-Columbia Fisheries Enhancement Group
to monitor, maintain, and provide design review for existing and
future restoration projects at the wastewater treatment plant
SUBMITTED BY: Scott Schafer, Director of Public Works
David Brown,Assistant Director of Public Works
Mike Price, Wastewater/Stormwater Division Manager, 249-6815
SUMMARY EXPLANATION:
The City of Yakima (City) has established over 40 acres of floodplain and riparian zone
restoration on Wastewater Treatment Plant property adjacent to the Yakima River. The
restorations, including the 2014 construction of a riparian outfall for the treatment plant effluent
and the re-establishment of native plants in the riparian and floodplain zones, are integral to the
Yakima County Gap to Gap Floodplain and Restoration (Gap to Gap) Plan.
The City requires the services of a conservation group for the continued monitoring and
maintenance of the existing restoration projects and for design review of new restoration
projects. The proposed Memorandum of Understanding and Engagement (MOU)with the Mid-
Columbia Fisheries Enhancement Group (MCFEG) provides for five years of maintenance,
monitoring, and design review services at a cost not to exceed $190,201. The MOU including
'EXHIBIT A- Scope of Services' is attached for Council review. The proposed services are
funded through Wastewater Capital Fund 478.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
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Description Upload Date Type
D Resolution 8/10/2021 Cotter Memo
❑ MOU 7/27/2021 Contract
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RESOLUTION NO. R-2021-
A RESOLUTION authorizing a Memorandum of Understanding and Engagement with the Mid-
Columbia Fisheries Enhancement Group (MCFEG) to monitor, maintain, and
provide design review for existing and future restoration projects at the wastewater
treatment plant.
WHEREAS, the City of Yakima is a municipal corporation of the State of Washington
with City Hall located at 129 North 2nd Street, Yakima, Washington 98901; and
WHEREAS, MCFEG is a nonprofit corporation duly formed and existing under the laws
of the State of Washington, with offices in White Salmon, Washington, and mailing address of
P.O. Box 2211, White Salmon, Washington 98672; and
WHEREAS, the City operates and maintains a Wastewater Treatment Plant including
property reserved for floodplain and riparian restoration, and wetland mitigation; and
WHEREAS, the City requires the engagement of a conservation group with the
expertise to monitor and maintain ongoing floodplain and riparian area restorations associated
with the Gap to Gap Floodplain Restoration project and the wastewater treatment plant's 2014
Riparian Effluent Outfall project, and to review future restoration, enhancement, or mitigation
project designs; and
WHEREAS, MCFEG has the expertise to monitor, maintain, and provide design review
for existing and future restoration projects at the wastewater treatment plant; and
WHEREAS, the parties have negotiated this Memorandum of Understanding and
Engagement for the Flood Plain Restoration Plan, together with the attached Scope of Work,
for the performance of such work; and
WHEREAS, the Yakima City Council finds that it is in the best interests of the citizens of
Yakima to utilize MCFEG expertise and experience by authorizing the attached and
incorporated Memorandum of Understanding between the City of Yakima and MCFEG that will
allow MCFEG to monitor, maintain, and provide design review for floodplain, riparian, and
wetland projects; 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 to execute the attached and
incorporated Memorandum of Understanding and Engagement between the City of Yakima and
MCFEG authorizing MCFEG to monitor, maintain, and provide design review for floodplain,
riparian, and wetland projects for five (5) years at a cost not to exceed One Hundred Ninety
Thousand, Two Hundred and One Dollars ($190,201).
ADOPTED BY THE CITY COUNCIL this 17th day of August, 2021
Patricia Byers, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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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
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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 project implementation, inspection, maintenance and
monitoring for a period of ten (10) years.
4. Consideration. City agrees to pay MCFEG compensation for services rendered as set
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 to this Agreement.
5. Additional Obligations of City. In 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, 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 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.
6. 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 A.
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 monitoring activities that will be provided
by MCFEG and provide that information in writing upon completion of the project to the City.
7. 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.
8. 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
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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.
9. 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.
10. 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 governmental agency or regulatory body, whether federal, state, local,
or otherwise.
11. No Insurance. It is understood that the City does not maintain liability insurance for
MCFEG and/or its employees.
12. 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 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 MCFEG stated herein.
13. Termination. Either party may terminate this Agreement upon thirty (30)days advance
written notice of such termination.
14. Ownership. This Agreement does not authorize MCFEG 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.
15. 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,
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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.
16. Severabilily, 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.
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 mail, return
receipt requested, or hand delivered, to the parties to their addresses as follows:
TO CITY: Marc Cawley
Wastewater Superintendent
2220 E. Viola Ave.
Yakima, WA 98901
COPY TO: Robert Harrison
City Manager
129 North 2nd Street
Yakima, WA 98901
TO MCFEG: Mid-Columbia Fisheries Enhancement Group
P.O. Box 2211
White Salmon, WA 98672
19. 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 to 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
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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
elt.,-val, MtW,v
By: By:
Robert Harrison Glenn Miller, President
Date: Date: 07/22/2021
ATTEST:
By:
Sonya Claar Tee, City Clerk
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EXHIBIT A
Scope of Work
City of Yakima Wastewater Treatment Plant
Floodplain 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 at floodplain, 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. MCFEG may request approval for
additional funds to address unforeseen site conditions (ie,drought, herbivory or similar event) not to exceed
$30,000 during the term of this agreement.
Deliverables
Existing Floodplain Restoration Site
> Maintenance of 41-acre floodplain previously revegetated in floodplain bunchgrasses using post-seeding
broadcast weed treatment that are specific for use in grasses. Maintenance is anticipated to require
two treatments per year in 2021 through 2023 seasons;one treatment per year or the equivalent is
anticipated in 2024 and 2025.
> Control of noxious weeds using spot-treatment is anticipated to require two treatments per year in
2021-2025.
➢ 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 1 acre that were previously revegetated
with native trees and shrubs and fenced to reduce herbivory. Maintenance is anticipated to require
manual and mechanical weed control around plantings and fence maintenance;5 one-day treatments
are anticipated in 2021-2025.
> Control of noxious wetland weeds using spot-treatment chemical applications. Two treatments per year
are anticipated in 2021-2025.
> 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.
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Cost Estimate
Item Year 1 Year 2 Year 3 Year 4 Year 5
Maintenance of existing floodplain and
riparian restoration sites $35,745 $35,745 $35,745 $25,055 $25,055
Provide design review for new
riparian/floodplain restoration projects $1,350 $1,350 $1,350 $1,350 $1,350
Travel(1000 miles/yr at$0.545/mile;yr 1 $1635 $545 $545 $545 $545
at 3000 miles/yr for COVID)
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
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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