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HomeMy WebLinkAboutR-2015-135 Wastewater Treatment Plant Riparian Restoration Project MOU with Mid-Columbia Fisheries Enhancement GroupA RESOLUTION RESOLUTION NO. R-2015-135 authorizing the City Manager to execute a Memorandum of Understanding and Engagement between the City and the Mid - Columbia Fisheries Enhancement Group (MCFEG) authorizing MCFEC to prepare and assist in the implementation of a Riparian Planting Plan for the City Wastewater Treatment Plant Riparian Restoration Project. WHEREAS, the City 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 a Wastewater Treatment Plant as part of its Utilities and Engineering Department; and WHEREAS, the City desires to allow MCFEG to complete a Riparian Planting Plan for the area around and adjacent to Billy's Pond, which area is to be delineated by City. Such Riparian Planting Plan will require a Planting Plan together with a Stewardship Plan outlining maintenance and responsibilities of maintenance along with a detailed budget for City's approval Such plan upon City's approval will be carried out by MCFEG as funding is available through grant applications made by and awarded to MCFEG. City desires to retain the services of MCFEG to provide a Riparian Planting Plan, with associated maintenance assistance and other assistance as funding is available, and WHEREAS, MCFEG has the experience and ability to prepare a Riparian Restoration Plan and to provide associated maintenance assistance and other assistance as funding is available, for City to address water quality issues associated with the Riparian Restoration Project for the City's Wastewater Treatment Plant and facilities; and WHEREAS, the parties have negotiated this Memorandum of Understanding and Engagement for the Riparian Planting Plan, together with the attached Scope of Work, for the performance of such work. 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 and Engagement between the City of Yakima and MCFEG that will allow MCFEG to prepare and to assist in the implementation of a Riparian Planting Plan for the City Wastewater Treatment Plant Riparian Restoration Project; 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 and directed to execute the attached and incorporated Memorandum of Understanding and Engagement between the City of Yakima and MCFEG authorizing MCFEG to prepare a Riparian Planting Plan and to assist the City with Riparian Planting Plan implementation. ADOPTED BY THE CITY COUNCIL this 3rd day of November, 2015 4,7'p,rid> Micah Cawley/, Mayor ATTEST: MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT BETWEEN THE CITY OF YAKIMA AND MID -COLUMBIA FISHERIES ENHANCEMENT GROUP (Wastewater Treatment Plant 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 nonprofit corporation, hereinafter "MCFEG." WHEREAS, City 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 a Wastewater Treatment Plant as part of its Utilities and Engineering Department. WHEREAS, in a separate Memorandum of Understanding, the City is proceeding to implement a Flood Plain Restoration Plan. Such Flood Plain Restoration Plan will allow MCFEG access to implement such Flood Plain Restoration Plan for the Wastewater Treatment Plant operations and facilities. Such Flood Plain Restoration Plan will require a Planting Plan together with a Stewardship Plan for maintenance of improvements installed and planted in conjunction with such Planting Plan; and WHEREAS, City further desires to allow access to MCFEG to complete a Riparian Planting Plan around and adjacent to Billy's Pond, which area is to be delineated by City. Such Riparian Planting Plan will require a Planting Plan together with a Stewardship Plan outlining maintenance and responsibilities of maintenance along with a detailed budget for City's approval. Such plan upon City's approval will be carried out by MCFEG as funding is available through grant applications made by and awarded to MCFEG. City desires to retain the services of MCFEG to provide a Riparian Planting Plan, with associated maintenance assistance and other assistance as funding is available; and WHEREAS, MCFEG has the experience and ability to prepare a Riparian Restoration Plan and to provide associated maintenance assistance and other assistance as funding is available, for City to address water quality issues associated with the Riparian and Floodplain Restoration Plan for the City's Wastewater Treatment Plant and facilities; and WHEREAS, the parties have negotiated this Memorandum of Understanding and Engagement for the Riparian Planting Plan, 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. Pursuant to grant funds received by MCFEG pursuant to Grant No. 14-1203, MCFEG agrees to develop and provide a Riparian Restoration Plan with 1 Stewardship Plan and detailed budget for City. In addition to development of such Riparian Restoration Plan, MCFEG shall provide implementation services consisting of project inspection, maintenance, monitoring and planning assistance as necessary or appropriate, and other assistance as funding allows, all in accordance with the Scope of Work attached hereto as Exhibit "A" and incorporated herein by this reference. In order to facilitate MCFEG's performance of the Scope of Work for Riparian Restoration Plan, City hereby allows MCFEG and its authorized contractors, subcontractors, WCC work crews, employees and volunteers, together with authorized personnel of the Washington State Recreation and Conservation Office (RCO), access to the site during City's regular business hours to complete project implementation, inspection, maintenance, monitoring maintenance and such other activities as agreed by and between the parties to implement Riparian Restoration Plan. City hereby assigns all project monitoring and maintenance responsibilities of the Riparian Restoration Plan as supported by available grant funding, not to include existing plantings, to MCFEG, and agrees that City will not intentionally compromise the integrity of the project except as otherwise approved by RCO 2. Term of Agreement — RCO "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 in Section 1 above and the attached Scope of Work. 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 Riparian Restoration Plan 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 is currently available to support specific maintenance activities through fall 2017. Additional funding is not currently available. Maintenance activities will depend on funds available 3. Consideration City agrees to pay MCFEG compensation for services rendered as set forth in the attached Scope of Work for Riparian Restoration Plan, which total compensation shall not exceed Three Thousand Five Hundred and 00/100 Dollars ($3,500.00). The parties may amend this Agreement to include additional work and compensation as additional funding becomes available, provided that any such amendment will be reduced to writing, executed by both parties, and appended to this Agreement. 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 officers, contractors, subcontractors, employees and volunteers shall make no claim of City employment nor shall claim against the City and related employment benefits, social security, and/or retirement. 2 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. 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: Marc Cawley Wastewater Superintendent 2220 E. Viola Avenue, .. _. Yakima, WA 98901 3 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. 17. Prior Approval by RCO - Effective Date. This Agreement is subject to the approval of RCO, and will become effective after such approval and upon execution of this Agreement by the parties as set forth below. CITY OF YAKIMA MID -COLUMBIA FISHERIES ENHANCEMENT GROUP Tony Date: a k t t 3 ATTEST: By: %c . d ; • ya Claar Tee, ity Clerk GY-c- 1�) CITY CONTRAC i NO: 2 C3/ 5 RESOLUTION NO: R 'DJ 15 ' 1 3 5 4 By: Glenn Miller, President Date: 9- 42-7'S EXHIBIT "A" SCOPE OF WORK — RIPARIAN RESTORATION PLAN As funded by Mid -Columbia Fisheries Enhancement Group's (MCFEG) grant 14-1203, Mid - Columbia Fisheries Enhancement Group will assist the City of Yakima with maintenance of existing riparian plantings around Billy's Pond. This work may include planting, irrigation, weed control, grubbing, installing, predation control, implementation/survival monitoring. Mid - Columbia Fisheries will coordinate this work with the City of Yakima and provide a restoration crew and volunteers to accomplish the work. If additional work is approved under 14-1203, Mid - Columbia Fisheries will work with the City of Yakima to expand and enhance riparian plantings around Billy's Pond, and the City will provide up to $3,500 for the following work: Develop re -vegetation tasks and costs for major project elements $2000 Draft re -vegetation plan and coordinate review with stakeholders $1000 Travel $200 Contracting and bookkeeping $300 Total $3500 5 '1111111 1, nun 11,1:1141r10 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10. For Meeting of: November 3, 2015 ITEM TITLE: Resolution authorizing a Memorandum of Understanding and Engagement with Mid -Columbia Fisheries Enhancement Group for the City Wastewater Treatment Plant Riparian Restoration Project SUBMITTED BY: Debbie Cook, Utilities Director Marc Cawley, Wastewater Superintendent SUMMARY EXPLANATION: The City of Yakima Wastewater Treatment Plant is proceeding with the implementation of a Riparian Restoration Project. The project requires the development and execution of a Riparian Planting Plan funded through a Salmon Recovery Funding Board (SRFB) grant provided by the Washington State Recreation and Conservation Office (RCO), and through a separate $25,000 RCO grant previously secured by the Mid - Columbia Fisheries Enhancement Group (MCFEG). MCFEG has expertise and experience in the preparation and implementation of riparian restoration plans. As a requirement for RCO to provide the additional $25,000 to complete the project, a landowner agreement (incorporated into the attached MOU) and City support of the final Planting plan is required. The attached agreement allows the City to engage MCFEG in the preparation and implementation of the City of Yakima Wastewater Treatment Plant Riparian Planting Plan and meets the terms required by RCO to provide the additional funding to complete the project. Advantages of MOU Acceptance: Public Trust and Accountability: The MOU will allow MCFEG to complete the planting plan in its entirety rather than the City managing half of the project. Cost savings to the City (engineering, project Administration, implementation) is estimated at $12,000. Improve the Built Environment: Salmon recovery, natural habitat restoration, water quality/public safety, enhanced Greenway Trail user experience. Improve Development Partnerships: Salmon Recovery Board, Yakama Nation, Fish and Wildlife Services, Recreation and Conservation Office, Washington State Department of Ecology, Yakima Greenway Foundation, Yakima Basin Fish and Wildlife Recovery Board, Yakima County, Mid -Columbia Fisheries Enhancement Group, Washington State Department of Transportation Wise Stewardship of Public Funds: City allowed to keep $25,000. of Fish and Wildlife Services funding that has already been spent on the project. Improve the Built Environment: MCFEG will provide maintenance and assistance for new and existing plantings at no cost to the City. Disadvantages if the MOU is not accepted: Public trust and Accountability: The City's obligations to see a project through to completion, recognize shortcomings, and adjust to current conditions are part of establishing trust. Not following that practice will impact the City's ability to secure future funds and partnerships. Improve the Built Environment: Without completing the project, Water quality issues will not be enhanced to promote salmon recovery, beautification will not be achieved adjacent to the Greenway Trail, and natural habitat will not be restored. Improve Partnerships in Development: Without acceptance of the MOU the project will not continue, impacting City's ability to procure future funding for habitat restoration. Hard work, dollars, and many hours have been spent by various agencies involved to enhance this area and procure a plan. Wise Stewardship of Public Funds: Fish and Wildlife Services (FWS) will require the City to reimburse $25,000. that the City has already spent. Improve the Built Environment: Maintenance assistance provided by MCFEG for existing plantings, beaver trapping, weed control, and beautification will now be borne solely by the City. Resolution: X Ordinance: Other (Specify): Memorandum of Understanding and Engagement Contract: Contract Term: 10 years Start Date: October 20, 2015 End Date: October 20, 2025 Item Budgeted: Yes Amount: $3,500 Wastewater Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Improve the Built Environment City Manager Staff respectfully requests that the City Council approve the Resolution. ATTACHMENTS: Description Upload Date D WNW IFuip<Airn<Airn IResollunlioirn 10/5/2015 D WWI? IMIG`:IF1E::::G.:n Riparian IM()U 10/5/2015 Type Resell u n lioirn F. adlkulp IMateiriial°