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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' 1 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. 2 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 3 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 5 nun 11,1:1141r10 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: Description Upload Date D WNW IF11cx:rci IF'Il<Aiiirn IResolluniioirn 10/5/2015 D WWII) -MG::IF1f.:: G.:n IM()U..V 10/5/2015 Type Resellutiioirn F. adlkulp IMateiriial°