HomeMy WebLinkAboutMid-Columbia Fisheries Enhancement Group - MOU; Riparian Planting Plan for Randall Park Pond MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT
BETWEEN THE CITY OF YAKIMA AND
MID - COLUMBIA FISHERIES ENHANCEMENT GROUP
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 nonprofit corporation, hereinafter "MCFEG."
WHEREAS, City is a municipal corporation of the State of Washington with City Hall
located at 129 North 2 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 a Parks & Recreation Division as part of its Public Works
Department. City is currently constructing improvements to Randall Park, one of the public
parks operated and maintained by the Parks & Recreation Division. Such work includes
construction of improvements to the viewing platform adjacent to the pond in such park,
together with maintenance and repair of the approaches to the pond. City desires to retain the
services of MCFEG to provide a Riparian Planting Plan on behalf of City for submission to the
Washington State Department of Ecology in conjunction with City's construction of
improvements to Randall Park; and
WHEREAS, MCFEG has the experience and ability to prepare a Riparian Planting Plan
for City to address water quality issues associated with the Randall Park pond, which drains into
Wide Hollow Creek; and
WHEREAS, the parties have negotiated this Memorandum of Understanding and
Engagement, together with the attached Scope of Work, for the performance of such work.
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 the follows:
1. Scope of Services. MCFEG agrees to provide a Riparian Planting Plan for City, which
plan is to be submitted to the Washington State Department of Ecology as part of the
process to improve Randall Park facilities, and specifically improvements to the pond
within such park, all in accordance with the Scope of Work attached hereto as Exhibit "A"
and incorporated herein by this reference.
2. Term of Agreement. The term of this Agreement commences upon execution hereof
and shall terminate upon satisfactory provision of the services required hereunder and
payment by the City of the necessary consideration to MCFEG stated in Section 3,
unless sooner terminated by either party in accordance with Section 15.
3. Consideration. City agrees to pay MCFEG compensation for services rendered as set
forth in the attached Scope of Work, which total compensation shall not exceed Two
Thousand One Hundred Twenty -three and 90/100 Dollars ($2,123.90).
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4. 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 employees shall make no claim of City employment nor
shall claim against the City and related employment benefits, social security, and /or
retirement.
5. Taxes and Assessments. MCFEG be 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 the City is assessed a tax or assessment as a result of this Agreement, MCFEG
shall pay the same before it becomes due.
6. Nondiscrimination Provision. 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, nation origin, creed, marital status,
political affiliation, or the presence of any sensory, mental or physical handicap. This
provision shall include but not be limited to the following: employment, upgrading,
demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training.
7. Compliance with Law. MCFEG agrees to perform those services under and pursuant
to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body,
whether federal, state, local, or otherwise.
8. No Insurance. It is understood the City does not maintain liability insurance for MCFEG
and /or its employees.
9. Assignment. This Memorandum of Understanding, 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.
10. Severability. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the reminder of the Agreement shall remain in full force and effect.
11. Terminate. Either party may terminate this Agreement, with or without cause, by giving
the other party five (5) calendar days advance written notice of termination.
12. 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 parities to this Agreement.
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13. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
and sent or hand delivered to the parties to their addresses as follows:
TO CITY: Ken Wilkinson
City of Yakima Parks & Recreation Manager
2301 Fruitvale Boulevard
Yakima, WA 98902
TO MCFEG: Margaret Neuman
Executive Director
Mid - Columbia Fisheries Enhancement Group
P.O. Box 2211, White Salmon, WA 98672
Or to such other addresses as the parties may hereafter designate in writing. Notices
and /or demands shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
14. 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
wither party unless such change or addition be in writing and executed by both parties.
15. Governing Law. This Agreement shall be governed by and constructed in accordance
with the laws of the State of Washington.
16. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA MID - COLUMBIA FISHERIES
ENHANCEMENT GROUP
By: a i By: li ;1
Tony 0' . rke Glenn Miller, President
Date: to - 1 `-- (a‘ Date: — Z;_75
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FISHERIES
ENHANCEMENT
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Making a difference for salmon
Scope of Work
Randall Park /Wide Hollow Creek Park Revegetation Plan
The City of Yakima Parks and Recreation Department has requested assistance from Mid - Columbia
Fisheries Enhancement Group to provide a Riparian Planting Plan to the Department of Ecology to
address water quality concerns at the pond in Randall Park, which drains into Wide Hollow Creek.
Below are deliverables and costs for this scope of work.
Work Products
5 meetings or site visits with City Parks and Recreation staff including City 20 hrs
partner departments and WA Dept. of Ecology, including preparation,
follow -up and travel time
Develop DOE Riparian Planting Plan for Randall Park pond area of 35 hrs
disturbance, including planting design, species recommendations,
planting maps and photos, and 3 reviews by City and Ecology
Riparian Planting Plan budget overview 4 hrs
Riparian Planting Plan actions timeline 1 hrs
Cost
Project Manager Not to exceed 60 hrs, at $32.58/hr $1954.80
Travel mileage 5 meetings or site visits, 28 miles each at $0.565 /mile $79.10
Bookkeeping 4 hrs at $22.50/hr $90.00
TOTAL $2123.90
Mid - Columbia Fisheries Enhancement Group, P.O. Box 2211, White Salmon, WA 98672
www.midcolumbiarfeg.com