HomeMy WebLinkAboutR-2021-151 Resolution accepting a grant from Resources Legacy Fund and authorizing a Grant Agreement for the Nelson Dam deconstructionA RESOLUTION
RESOLUTION NO. R-2021-151
accepting a grant from Resources Legacy Fund and authorizing a
Grant Agreement for the Nelson Dam Removal: Water Supply,
Riverine Process and Fish Passage Improvements.
WHEREAS, the City of Yakima was granted $500,000.00 from the Resources
Legacy Fund to provide funding for the Nelson Dam Removal: Water Supply, Riverine
Process and Fish Passage Improvements; and
WHEREAS, the City Council must accept the grant terms and conditions and
approve the Grant Agreement; and
WHEREAS, the City Council finds that it is in the best interests of the City of
Yakima and its residents to accept the $500,000.00 grant from the Resources Legacy
Fund, Grant Number 15703, and authorize the City Manager to enter into a Grant
Agreement with Resources Legacy Fund to help fund the Nelson Dam Removal: Water
Supply, Riverine Process and Fish Passage Improvements; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council of the City of Yakima hereby accepts the $500,000.00 grant from
Resources Legacy Fund as awarded and authorizes the City Manager to execute the
Grant Agreement between the City and the Resources Legacy Fund (Grant Number
15703), and any other necessary documents to accept the award and funds, attached
hereto and fully incorporated herein.
ADOPTED BY THE CITY COUNCIL this 16th day of November, 2021.
ATTEST:
Lk,
Sonya Claar Ve
atricia Byers Mayor
xcsounces /coxcv rumo
cnsmme somnnws1-^sr,wo u000',`
Robert Harrison, City Manager
City of Yakima
139N. 3"oSt
Yakima, WA 98901
Re: Grant Award Letter and Grant Agreement for Nelson Oorn Removal: Water Supply,
RivehnmProcess and Fish Passage Improvements
C]rant#1S7O3
Dear Mr. Harrison:
It is a pleasure to inform you that Resources Legacy Fund (RLF) has approved a grant in the
amount of $500,000 (Grant) payable to City of Yakima. This Grant is to support deconstruction
of Nelson Dann on the Naches River in Washington. These funds are awarded to your
organization through RLF'sOpan Rivers Fund program.
Unless approved inwritingby RLF, City ofYakima must adhere bothe terms and conditions of
the attached Grant Agreement (Agreement) and the proposal submitted to RLF on
November 3"u, 2021 (Proposal). If the terms of the Agreement differ from your Proposal, the
Agreement will control. By signing the attached Agreement, City of Yakima confirms that it
agrees to all of the terms and conditions set forth in the Agreement.
If the payment or reporting schedules in the Agreement present any significant difficulties for
you, please contact us as soon as possible. If the Agreement correctly sets forth your
understanding of the terms and conditions of the Grant, please have an authorized officer of City
of Yakima sign, date, and complete the additional information required on the attached
Agreement. The online signature system will automatically send the executed Agreement to RLF
and City of Yakima, and you should also retain a copy for your files. Funds will not be released
prior bnthe receipt nfthe signed Agreement.
Please direct programmatic questions and communications regarding this Grant to Shara Sparks,
Program Officer, Lands, Rivers, and Communities, at s'sparkls@resourceslegpcyfund.orq or (916)
442-5057, or Steve Malloch, RLF's outside consultant for this project, at spmalloch@qmail.com,
or (206) 818-0482, and any grant administration questions and communications regarding this
Grant to Open Rivers Fund Program Coordinator Katt Lundy at klundy@resourcesleqacyfund.orq
or (916) 442-5057. In all correspondence with us, please refer to the above -referenced
grant number.
The RLF Board of Directors and I are pleased to assist you with this project and wish you
success.
Sincerely,
?t&t TuAi.4,ai,
]u|ieTunini
Director of Lands, Rivers, and Communities
n5CAPITOL MALL, ru,r^ 1095 5^Cx^Mpm,*.*",vxw^*95M4 x,SoomnL,mmrvwnu,G 91+*42,5057
Organization: City of Yakima RLF Program: ORF
Project Name: Nelson Oarn Removal: Water Grant Number: 15703
Supply, F8vehne Process and
Fish Passage Improvements
Grant Amount: $500,000
GRANT AGREEMENT
This Grant Agreement (AgreemenDisentered into esof the Effective Date (defined be|mm)
by and between Resources Legacy Fund (RLF) and City of Yakima (Grantee). RLF and
Grantee hereby agree as follows:
1. RLF makes this grant of $500,000 (Grant) to Grantee to support deconstruction of
Nelson Oarn on the Naches River in Washington as described in Grantee's final proposal
submitted to RLF on November 3n6, 2031 (Proposal), and as described in this
Agreement. If the terms of this Agreement differ from the Proposal, this Agreement
will control.
2. Upon receipt of this Agreement signed by Grantee, Grant funds will be disbursed
according to the schedule in Attachment 1, subject to the provisions of this
Agreement. The term of the Grant is from the date Grantee signs this Agreement
(Effective Data) to the due date of the Final Grant Report, as specified in
Attachment 1. Grantee will use the Grant solely for the purposes described in this
Agreement and the Proposal, and will return to RLF any funds not expended or
committed for the purposes of the Grant within the Grant period. Grantee
understands that the Grant is not a gift and agrees that RLF is granting funds
to Grantee to pursue the purposes outlined in this Agreement.
3. Grantee will deliver written Grant report(s) to RLF according to the schedule in
Attachment 1 (Grant Report[s)). Unless provided otherwise in Attachment 1,the Grant
Report(s) shall contain a narrative report and a financial report. The narrative report
should describe what the Grant has accomplished as of the date of the Grant Report.
The financial report should detail the following: (a) all Grant fund expenditures during
the applicable reporting period, and (b)an analysis of budget (as set forth in the
Proposal) compared to actual spending, and a narrative explanation of any differences
between the two. If the schedule in Attachment 1 requires RLF approval of a Report,
that approval does not constitute, and should not be relied on by Grantee as, any
advice or assurance of Grantee's legal compliance. Grantee must obtain pre -
approval, and amendment of the Agreement, for any reallocation of the
budget of 20 percent or more in any line item, or for creation of a new line
4. RLF's funding of this Grant under this Agreement is contingent upon (a) RLF's review
of Grantee's wmd« in connection with this Grant, and its determination that satisfactory
progress and performance of the expected purposes is occurring, (b) RLF's timely
receipt and its review and approval of Grant Reports submitted by Grantee, and
(c) Grantee's compliance with all terms and conditions of the Grant. If at any time FlLF
determines that Grant purposes are not met, that Grant purposes are unlikely to be
met, or that Grantee fails to satisfy the reporting requirements in paragraph 3 above,
or otherwise violates the terms of the Grant, RLF may terminate the Grant or may (a)
reduce or discontinue Grant funding, (b) require no further spending mfGrant funds
already disbursed to Grantee, and/or (c) require the return of unspent Grant funds
already disbursed to Grantee. If termination occurs prior to the scheduled end date of
the Grant, Grantee shall, upon RLF's request, provide RLF a full accounting of the
1
Organization:
Project Name:
Grant Amount:
City ofYakima RLF Program: ORF
Nelson Oann Removal: Water Grant Number: 15703
Supply, Riverine Process and
Fish Passage Improvements
$500,000
receipt and disbursement of funds and expenditures incurred under the Grant as of the
effective date of termination.
5. Grantee shall notify RLF |rnrned|abe|y of any anticipated or actual changes in Grantee's
head of organization, regardless of title, and/or key personnel identified either in the
Proposal or this Agreement. Grantee acknowledges and agrees that changes in
Grantee's head of organization, regardless of title, and/or hey personnel may trigger
RLF review and reassessment of Grantee's ability to meet the purposes of the Grant,
and that, following such review, RLF may decide to impose additional terms,
conditions, or other limitations on any unexpended Grant funds, including return of
those funds.
6` Grantee shall consult RLF prior to making any public announcement or publishing a
written description of the Grant, including in the media or on the Internat. If RLF
authorizes such announcement, the Grant is to be described in any written nnabaha| as
having been "made through the Open Rivers Fund, a program of Resources Legacy
Fund supported by The VViUiarn and Flora Hewlett Foundation." Grantee shall also submit
copies of all printed press coverage of,� or references to, Grantee's work funded by this
Agreement, and shall notify RLF of all other related media coverage.
7. Grantee agrees that RLF may include information on the Grant in periodic public
reports, and may also refer to the Grant in a press release or other public
communication without Grantee's prior approval.
0. The parties agree that a material condition of this Agreement is that Grantee makes
the data, research, knowledge, and other information developed with the Grant funds
freely available and without condition to RLF, consistent with the charitable purposes
of the Grant.
9. By entering into this Agreement, Grantee certifies that it is not private foundation as
defined by Internal Revenue Code Section 509. Grantee shall advise RLF immediately
if its federal tax-exempt status or foundation classification has changed.
10. Grantee will maintain financial books and records as required bvthe Internal Revenue
Code and U.G. Department of Treasury Regulations and, if requested by RLF or its
agent, will make such books and records available to RLF mrits agent ata reasonable
time and location for review and audit. Grantee will keep copies of all books and
records for at least four years after the date that all of Grantee's obligations under this
Agreement have been fulfilled.
11. Grantee shall ensure compliance with all applicable laws and regulations in the
performance of activities under this Agreement, including, without limitation, those
laws or requirements regarding authority to conduct business, permits, licenses, tax,
employment, reporting, data protection, lobbying and contacts with government
officials (including the provision of gifts) as well as the Telephone Consumer Protection
Act of 1991, as amended, and any and all other laws, of any applicable jurisdiction,
governing the work performed. Grantee further agrees that no funds received under
this agreement will be used to engage in civil disobedience.
2
Organization:
Project Name:
Grant Amount:
City ofYakima RLF Program: ORF
Nelson Oann Removal: Water K@mamt Number: 15703
Supply, Rivarine Process and
Fish Passage Improvements
$500,000
12. Grantee shall not use any portion of the Grant funds for reportable or disclosab|e
activities under applicable state or local campaign finance disclosure or election laws,
such as ballot measure contributions.
13. Grantee shall not use the Grant in any attempt to influence legislation within the
meaning of Internal Revenue Code sections 501/hl, 4911, 4945(d)/1) or (e). For
purposes of this Agreement, this prohibition shall include but not be limited to any
attempt toinfluence legislation atany governmental level.
14. By entering into this Agreement, RLF is not designating the use of funds or directing
any activities for the purpose of attempting to influence administrative or legislative
action within the meaning of state or local law. In the event Grantee uses funds or
other resources to influence legislative or administrative action, Grantee may incur
reporting requirements under applicable law.
15. Grantee shall not use any of the Grant funds for any of the following purposes: to
influence the outcome of any specific public election, or to conduct, directly or
indirectly, any voter registration drive, within the meaning of Internal Revenue Code
Section 4945(d)(2); to induce or encourage violations of law or public policy; to cause
any private inurement or improper private benefit to occur; to provide a grant to an
individual or organization which does not comply with the requirements of Internal
Revenue Code sections 4945(d)(3) and (4); or, for any other purpose that is not
charitable, scientific, or educational, within the meaning of Internal Revenue Coda
Sectimn17D(c)(2)(B).
16. Grantee shall maintain General Liability Insurance (including operations, products and
completed operations, asapp|icab|e) with coverage limits no less than $1,000,000 per
occurrence for bodily injury, personal injury, and property damage. If Commercial
General Liability Insurance orother form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to the activities under this
Agreement or the general aggregate limit shall be twice the required occurrence limit.
Additionally, Grantee shall maintain an Errors @k Omissions/Professional Liability policy
with coverage |inn|to no |mey than $1,000,000 per occurrence. Upon RLF's request,
Grantee shall furnish RLF with evidence of the appropriate insurance coverage.
17. To the extent permitted by law, Grantee agrees to indemnify, protect, defend, and
hold harmless, at Grantee's sole cost and expense, RLF and its directors, officers,
employees, agents, attorneys, representatives, successors, and assigns from and
against any and all losses, demands, actions, suits, orders, causes of action, expenses,
costs, obligations, liabilities, claims, debts, expenses, judgments, damages, and
liabilities of whatever kind or nature, by whomever asserted, in law, equity, or
otherwise, and including interest, penalties, and reasonable attorneys' and experts'
fees and coats (each a "Claim" and, collectively, "Claims"), that RLF may incur as a
result of(a) the project that is described in the Proposal and funded by the Grant; (b)
the negligence or willful misconduct of Grantee or its employees or agents in
connection this Agreement, or (c) Grantee's failure to perform, any of the
representations, warranties, or agreements contained in this Agreement. Grantee
hereby releases and forever discharges RLF, and its directors, officers, employees,
agents, attorneys, representatives, successors, and assigns, from all Claims arising
from, or relating to, or based upon, in whole or in part, this Agreement. Grantee
3
Organization:
Project Name:
Grant Amount:
City of Yakima RLF Program: ORF
Nelson Dam Removal: Water Grant Number: 15703
Supply, Riverine Process and
Fish Passage Improvements
$500,000
hereby waives the protection of California Civil Code Section 1542, which reads as
follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN
BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
GRANTEE SIGNATORY'S INITIALS: rwh
18. This Agreement represents the entire agreement of the parties with respect to the
Grant, and supersedes any prior oral or written understanding or communication
between the parties. This Agreement shall only be amended or modified in a writing
signed by both parties, except that a no -cost extension, adjustment to payment
schedule, or minor change to the project budget or scope of activities requested by
Grantee may be approved unilaterally by RLF through a written or email
communication to Grantee.
19. In the event either party is unable to perform its obligations under the terms of this
Agreement because of acts of God, epidemics, or government action, such party shall
not be liable for damages to the other for any damages resulting from such failure to
perform or otherwise from such causes.
20. By signing this Agreement, Grantee agrees to its terms and conditions , and warrants
and represents that its signatory whose signature appears below has been, and is on
the date of this Agreement, duly authorized by all necessary and appropriate action to
execute this Agreement on its behalf.
21. This Agreement is governed by the laws of the State of California, and the parties
agree that enforcement of the Agreement, and resolution of any disputes arising out of
or related to the subject matter of the Agreement, shall be resolved by arbitration
conducted by a private arbitration service under the laws of the State of California.
[Paragraph 22 and signature blocks on next page]
4
Organization:
Project Name:
Grant Amount:
City ofYakima RLF Program: ORF
Nelson Dam Removal: Water Grant Number: 15703
Supply, R|ver|ne Process and
Fish Passage Improvements
$500,000
32. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument. Signed signature pages may be transmitted by facsimile or other
electronic means, and/or an electronic °e-signatune° may be used by an authorized
representative of Grantee to bind it to this Agreement, and any such signature shall
have the same legal effect asanoriginal.
RESOURCES LEGACY FUND:
By:
e, Date: II/02/202I
]u||aTUnin| - - -�
Director
Lands, Rivers, and Communities
CITY OF YAKIMA:
By:
Printed name:
EIN:
Internal Revenue
Code Designation:
Please provide
mailing address
for payments.
Robert W. Harrison
Date: II/I2/202I
CITY CONTRACT NO:
RESOLUTIONNO
City Manager
9l-6OOI293
Local Government
- Organization:
Address:
City of Yakima
I29 N. Second Street
City/State/Zip Code: ~ Yakima, WA 98901
5
Organization:
Project Name:
Grant Amount:
City of Yakima
Nelson Dam Removal: Water
Supply, Riverine Process and
Fish Passage Improvements
$500,000
RLF Program: ORF
Grant Number: 15703
Attachment 1: RLF Reporting and Payment Schedule
PAYMENT
AMOUNT
$500,000
n/a
n/a
n/a
FINANCIAL &
NARRATIVE
REPORT
DUE'
n/a
OTHER
SCHEDULED
ACTIVITIES OR
DELIVERABLES
n/a
Interim Grant
Report
via check -in
call with Steve
Malloch and
RLF staff
05/01/2022
n/a
CONDITIONS FOR PAYMENT
Upon RLF's timely receipt of
signed Grant Agreement.
n/a
Interim Grant
Report
via check -in
call with Steve
Malloch and
RLF staff
12/15/2022
n/a
Final Grant Narrative report
Report should describe the
06/30/2023 following:
(a) Grantee's activities
conducted during the
reporting period; and
(b) Grantee's progress
in advancing Project
Outcomes and
Indicators of Success
identified in Grantee's
Proposal.
n/a
Potential future funding
contingent upon RLF's timely
receipt and approval of final
reports.
1 See paragraph 3 of Grant Agreement. Further details regarding requirements for reports are
provided in Attachment 2.
Organization:
Project Name:
Grant Amount:
City ofYakima
Nelson Dam Removal: Water
Supply, Riverine Process and
Fish Passage Improvements
$500,000
RLF Program: ORF
Grant Number: 15703
Post -Dam
Removal
Monitoring
Report
06/30/2024
Written report
describing
watershed
monitoring activities
conducted post -dam
removal, with
analysis of
watershed impacts
documented.
Potential future funding
contingent upon RLFs timely
receipt and approval of
monitoring reports.
Post -Dam
Removal
Monitoring
Report
0G/3O/2D25
Written report
describing
watershed
monitoring activities
conducted post -dam
removal, with
. analysis of
watershed impacts
documented.
Potential future funding
contingent upon RLFstimely
l�receipt and approval of
monitoring reports.
Organization:
Project Name:
Grant Amount:
City of Yakima RLF Program: ORF
Nelson Dam Removal: Water Grant Number: 15703
Supply, Riverine Process and
Fish Passage Improvements
$500,000
Attachment 2: RLF Grant Reporting Guidelines
Your reports give you, the grantee, an opportunity to convey the information that you feel
best captures the work done during the reporting period. They also provide Resources
Legacy Fund (RLF) with information for explaining your work to various internal and
external audiences, and using it in evaluating RLF grantmaking, as well as an opportunity to
give feedback regarding your project.
Interim Reports should reflect the period since the previous grant milestone. Final Reports
should reflect the entire grant period.
Please include the following information:
Protect Outcomes: Provide a brief summary of the actual outcomes achieved during the
reporting period. Please use the "Expected Outcomes," "Activities," and "Indicators" that
you mentioned in your application as reference (425 word limit).
IF GRANT IS FOR DAM REMOVAL INCLUDE:
In addition to the outcomes described in the proposal, when reporting as specified in
Attachment 1, please include the following where applicable:
• Names of dams removed, location including river or stream;
• River miles opened/ connected 2;
• River miles restored;
• Other habitat restored;
• Species benefited or likely benefited;
• Updated diversion practices or reduced operational costs for dam or diversions;
• Public funds contributed or leveraged with ORF grant ($ amounts and names of funding
sources) ; and
• Private funds contributed or leveraged with ORF ($ amounts and names of funding
sources).
Narrative: Please limit the narrative to no more than five (5) pages in length (standard 12-
point font). Report progress made toward the original project objectives as noted in your
proposal and grant agreement. Please address the following in your project review:
• Successes and challenges.
• Key lessons learned.
• How you intend to share the results of your work.
2 For Open Rivers Fund purposes, "river miles opened" should be calculated as the total miles of
potential fish bearing stream (including tributaries) made accessible upstream following, and as a
result of, the removal/remediation of the passage impediment, as measured from the location of the
impediment removed/remediated to the next passage impediment upstream for fish. There may be
occasions where the number of "river miles opened" will vary for different fish species or vary for the
different life stages of the same species; when this is the case, "river miles opened" for Open Rivers
Fund purposes should be calculated as the highest number of river miles opened for the fish species
involved and/or their related life stages, without any double counting. For example, if the rivers miles
opened on a stream following impediment removal for juvenile coho salmon is 10 miles, for adult coho
salmon is 15 miles, and for steelhead is 20 miles, the "river miles opened" for purposes of Open Rivers
Fund would be 20 miles. When there is such a variance in stream miles made accessible for species
and/or life stages, a description of such variance should be included in the reporting.
Organization:
Project Name:
Grant Amount:
City of Yakima RLF Program: ORF
Nelson Darn Removal: Water Grant Number: 15703
Supply, Rjver|neProcess and
Fish Passage Improvements
$500,000
Partnerships you engaged in on this project. How such partnerships affected your
work. What was effective in collaborating with other groups?
The next phase ofthis effort.
Provide an accounting of grant funds spent to data. If you have unspent funds
and have finished the work that was proposed in the Grant, return the unspent funds b» RLF
or submit a request to use those funds for other acceptable, charitable purposes.
Other Items: Submit other specific documents required by the grant agreement. These
may include:
* Digital photographs of your project (if applicable);
• Copies of all printed media coverage of your project;
w If land transaction grant, documentation of number of acres acquired, resources
p protected, and ultimate ownership;
° If a restoration grant, documentation of the number of acres or river miles restored;
w An indication that CSreenInfo Network has been notified of property acquisition (if
app||cab|e);
• An indication that the restoration or land transaction project has been entered into
m the Natural Resource Project Inventory (if applicable); and
• Any other work products resulting from, or leveraged by, the grant monies.
Submit full and complete reports to Katt Lundy, Program Coordinator, []pen Rivers Fund,
klby the dates noted in your Grant Agreement. RLFvxi||
provide substantive feedback to grantees within eight weeks of receipt of the final report.
Failure to provide timely and complete reports to RLFon your project may result in your
disqualification for future grants from RLF.
iv
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.K.
For Meeting of: November 16, 2021
Resolution accepting a grant from Resources Legacy Fund and
authorizing a Grant Agreement for the Nelson Dam deconstruction
Scott Schafer, Director of Public Works
David Brown, Assistant Director of Public Works
SUMMARY EXPLANATION:
The City of Yakima was awarded a grant of $500,000 from the Resources Legacy Fund to help
fund the Nelson Dam Removal: Water Supply, Riverine Process and Fish Passage
Improvements. This Grant Agreement formalizes the issuance of the grant and outlines each
party's obligations with regards to the funding.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date
❑ resolution 11/5/2021
0 Contract 11/4/2021
Type
Corer Memo
Contract