HomeMy WebLinkAboutR-2015-134 Wastewater Treatment Plant Flood Plain Restoration Project MOU with Mid-Columbia Fisheries Enhancement GroupA RESOLUTION
RESOLUTION NO. R-2015-134
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 Flood Plain Restoration
Plan for the City Wastewater Treatment Plant Flood Plain Restoration
Project.
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; and
WHEREAS, the City is proceeding to implement a Flood Plain Restoration Plan
and desires to 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
Plans. City desires to retain the services of MCFEG to provide a Flood Plain
Restoration Plan, with associated maintenance assistance and other assistance as
funding is available, on behalf of City for submission to the Washington State
Department of Ecology in conjunction with City's construction and operation of the
Flood Plain Restoration Plan for the City's Wastewater Treatment Plant and facilities,
and
WHEREAS, MCFEG has the experience and ability to prepare a Flood Plain
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 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 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 prepare and implement the Flood Plain
Restoration Plant for the City Wastewater Treatment Plant Outfall Relocation 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 Flood Plain
Restoration Plan and to assist the City with Flood Plain Restoration Plan
implementation
ADOPTED BY THE CITY COUNCIL this 3rd day of November, 2015
ATTEST
Acting City Clerk
Micah Ca I y, Mayor
MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT
BETWEEN THE CITY OF YAKIMA AND
MID -COLUMBIA FISHERIES ENHANCEMENT GROUP
(Wastewater Treatment Plant Flood Plain 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, the City is proceeding to implement a Flood Plain Restoration Plan and
desires to 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. City desires to retain the services
of MCFEG to provide a Flood Plain Restoration Pian, with associated maintenance assistance
and other assistance as funding is available, on behalf of City for submission to the Washington
State Department of Ecology in conjunction with City's construction and operation of the Flood
Plain Restoration Plan for the City's Wastewater Treatment Plant and facilities; and
WHEREAS, in a separate Memorandum of Understanding, City is allowing access to
MCFEG to complete a Riparian Planting Plan around and adjacent to Billy's Pond. 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; and
WHEREAS, MCFEG has the experience and ability to prepare a Flood Plain 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 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 Flood Plain Restoration 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'
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1. Scope of Services Pursuant to Grant G1400532 awarded by the Washington State
Department of Ecology under its floodplain enhancement program, MCFEG agrees to
provide a Flood Plain Restoration Plan with Stewardship Plan and detailed budget for
City. The Flood Plain Restoration Plan is to be submitted to the Washington State
Department of Ecology as part of the process to implement the Flood Plain Restoration
Plan for the City's Wastewater Treatment Plant and facilities. In addition to the
development of such Flood Plain Restoration Plan, MCFEG will provide implementation
of such plan by providing 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.
2. Term of Agreement — "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"
to wit: 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 Flood Plain 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, as approved by grant funding described in
Section 1 above, compensation for services rendered as set forth in the attached Scope
of Work for Flood Plain Restoration Plan, which total compensation shall not exceed
Five Thousand Dollars and 00/100 ($5,000.00). 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.
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.
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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:
TO MCFEG:
Marc Cawley
Wastewater Superintendent
2220 E. Viola Avenue
Yakima, WA 98901
Margaret Neuman
Executive Director
Mid -Columbia Fisheries Enhancement Group
P.O. Box 2211, White Salmon, WA 98672
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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 YAKIMAr.
MID -COLUMBIA FISHERIES
ENHANCEMENT GROUP
i� By: f
Date. U..13115
ATTEST.
onya Claa Tei; City Clerk
CITY CONTRACTNO. O I5 -�3M
RESOLUTION N0 R•'`26 t5- I )±
4
Glenn Miller, President
Date: c ---/,2_/s-
EXHIBIT "A"
SCOPE OF WORK — FLOOD PLAIN RESTORATION PLAN
As funded by Department Of Ecology's grant G1400532 floodplain enhancement, Mid -Columbia
Fisheries Enhancement Group will provide a Flood Plain Restoration Plan, coordinate re -
vegetation work, and attend meetings with the project partners.
The work would include the following deliverables to be completed for floodplain enhancement
adjacent to Billy's Pond, in an area specifically delineated by City, not to exceed $5000:
Finalize revegetation plan with stakeholders
Assist with development of contract specifications for revegetation
Develop and order native grass seed list
Assist with coordination of activities between DOE and SRF projects
Site visits during construction, site preparation and native grass seeding to support
implementation
Coordinate 1 -yr maintenance activities (weed treatments)
Assist with reporting project results
Contracting and bookkeeping
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.
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 Flood Plain Restoration Project
SUBMITTED BY: Debbie Cook, Utilities Director
Marc Cawley, Wastewater Superintendent
SUMMARY EXPLANATION:
The Mid -Columbia Fisheries Enhancement Group (MCFEG) has expertise and experience in preparing
floodplain restoration plans and in assisting with the implementation of such plans. In order to complete the
project and utilize secured Washington State Department of Ecology (DOE) funding that is already allocated
to the City, the DOE requires the City to develop and implement a floodplain restoration plan for the forty
acres of City -owned floodplain adjacent to the Greenway Trail in the vicinity of the Yakima Wastewater
Treatment Plant. In recognition of the complexity of this restoration and the expertise required to
prepare such a plan, the Washington State Department of Ecology requires that the City contract
with a qualified agency to prepare the floodplain restoration plan and assist with implementation.
The DOE recognizes the Mid -Columbia Fisheries Enhancement Group as an agency with the necessary
expertise and experience in preparing floodplain restoration plans and in assisting with the implementation of
such plans. The MOU will be funded by $5,000 in existing DOE grant funding at no cost to the City.
The attached Memorandum of Understanding between the City and MCFEG allows the City to meet DOE
requirements and complete the floodplain restoration plan.
Advantages of MOU Acceptance:
Partnerships in Development: Meet Department of Ecology requirements in partnering with
a qualified floodplain agency.
Improve the Built environment: Enhance Greenway Trail user experience by beautifying
City -owned floodplain adjacent to the Greenway Trail and by providing native habitat for wildlife.
Public Trust and Accountability: Improve Yakima River water quality by stabilizing
floodplain soils that are subject to erosion during Yakima River flood events.
Wise Stewardship of Public Funds: Limit expensive long-term City mowing, watering, and
weeding (labor, equipment, supplies annual City cost $9,200.00) commitments by planting native
floodplain grasses at no additional cost to the City for implantation and limit future maintenance.
Annual cost savings $7,000.00
Disadvantages if the MOU is Not Accepted:
Partnerships in Development: The City has an obligation to beautify the areas adjacent to the
greenway trail to attract outdoor enthusiasts and provide native habitat for users to enjoy. If not
completed through grant funding will cost City $75,000.00 plus annual maintenance.
Public Trust and Accountability: The Department of Ecology will de -obligate project
funding and compromise the City's ability to secure future Ecology grant funding.
Partnerships in Development: Negative impacts on the City's relationship with other partners
in the Yakima County Gap to Gap Floodplain Restoration and Enhancement Plan.
Improve the Built environment: Floodplain connectivity and complexity, water quality, and
natural habitat will be compromised. Long term maintenance will be borne solely by the City.
Wise Stewardship of Public Funds: Without soil stabilization the Yakima River water quality
will be compromised. In 1996 the city had to replace 37,720 cubic yards of topsoil that washed out
into the river during flooding.
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: NA Amount: Not to Exceed $5,000
Funding Source/Fiscal Impact: Washington State Department of Ecology Grant G1400532
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Staff respectfully requests that the City Council approve the Resolution
ATTACHMENTS:
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