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HomeMy WebLinkAbout05/03/2016 05K Low Water Use Gardens Grant Agreement with the Washington State DOE I r • )1 i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.K. For Meeting of: May 3, 2016 ITEM TITLE: Resolution authorizing an agreement with the state of Washington Department of Ecology for a grant of $50,200 for low water use gardens at the City of Yakima Public Works Facility and in downtown Yakima SUBMITTED BY: Scott Schafer, Public Works Director David Brown, Water /Irrigation Manager 509 - 575 -6204 SUMMARY EXPLANATION: The Department of Ecology, under the Yakima Basin Integrated Plan, is providing grant funding of $50,200 for several concepts related to the improvement and reliability of water supplies within the Yakima River Basin. One of those concepts involves improving agricultural and municipal water conservation. Funding has been designated for proof of concept and public education for techniques available to meet these goals. The City of Yakima wants to reduce irrigation costs and maintenance at the Public Works complex and within some public right -of -way areas in the downtown corridor. All of these goals can be accomplished through low water use planting. These demonstrations will promote water conservation through education by developing low water use gardens for the community members of Yakima. The Yakima Basin Integrated Plan grant of $50,200 will make these projects possible by funding the design, purchase, and installation of low water use plants. Attached is InteragencyAgreement (IAA No. C1600173) for City Council review. ITEM BUDGETED: NA STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL: Interim City Manager STAFF RECOMMENDATION: Adopt resolution BOARD /COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type ❑ Resulution 4/18/2016 Resolution ❑ Agreement 4/18/2016 Contract RESOLUTION NO. R -2016- A RESOLUTION authorizing execution of an Agreement with the state of Washington Department of Ecology for a grant of $50,200 for Installation of low water use gardens at the City of Yakima Public Works Facility and in downtown Yakima. WHEREAS, funding has been provided under the Yakima Basin Integrated Plan for several concepts related to improvement and reliability of water supplies in the Yakima River Basin. One of those concepts involves improving municipal water conservation. Funding has been designated for proof of concept and public education for techniques available to meet these goals. WHEREAS, the City of Yakima owns and operates the Public Works Facility at 2301 Fruitvale Blvd. in accord with applicable Federal, State and Local regulations; and WHEREAS, the City of Yakima operates and maintains the Public Right -Of -Way in downtown Yakima in accord with applicable Federal, State and Local regulations; and WHEREAS, the City is interested in an environmentally beneficial project for improving the efficiency of water use for irrigation; and WHEREAS, the City is interested in providing public education through a demonstrating environmentally beneficial improvement of efficient water use for irrigation, and WHEREAS, Yakima Basin Integrated Plan through the state of Washington Department of Ecology provided the City of Yakima a $50,000 grant to design and install low water use plantings, a copy of Interagency Agreement (IAA No. C1600173) is attached hereto and incorporated herein by this reference; and WHEREAS, the City Council finds and determines that approval of such Grant Agreement is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council approves the Agreement and authorizes the City Manager to execute and administer such Agreement with the state of Washington Department of Ecology, to execute and administer all applicable documents and agreements pursuant to such grant from the state of Washington Department of Ecology and to cause a copy of such Agreement to be filed or otherwise posted on the City's web site in accordance with RCW 39.34.040. ADOPTED BY THE CITY COUNCIL this 3rd day of May, 2016 Avina Gutierrez, Mayor ATTEST: Sonya Claar Tee, City Clerk, 1111r DEPARTMENT OF ECOLOGY State of Washington IAA No. C 1600173 INTERAGENCY AGREEMENT (IAA) BETWEEN THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA THIS INTERAGENCY AGREEMENT ( "Agreement" or "IAA ") is made and entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and the CITY OF YAKIMA hereinafter referred to as "YAKIMA," pursuant to the authority granted by Chapter 39.34 RCW. THE PURPOSE OF THIS AGREEMENT is for Installation of low water use garden at the City of Yakima Public Works Facility located at 2301 Fruitvale Blvd. and downtown Yakima. WHEREAS, funding has been provided under the Yakima Basin Integrated Plan for several concepts related to improvement and reliability of water supplies in the Yakima River Basin. One of those concepts involves improving Agricultural and municipal water conservation. Funding has been designated for proof of concept and public education for techniques available to meet these goals. WHEREAS, RCW 90.38 Yakima River Basin Water Rights provides authority to implement projects that support development of new water supplies in the Yakima River basin; WHEREAS, RCW 90.38.005 declares that the Legislature finds that the interests of the state will be served by developing programs, in cooperation with the United States and the various water users in the basin, that increase the overall ability to manage basin waters in order to better satisfy both present and future needs for water in the Yakima river basin, and, that the interests of the state will also be served through coordination of federal and state policies and procedures in order to develop and implement projects within the framework of the integrated water resource management plan for the Yakima river basin. The pace of integrated plan implementation over the long term depends upon adequate funding and is subject to the availability of amounts appropriated for this purpose; WHEREAS, RCW 90.90.070, 90.90.080 and 90.90.090 provides authority to fund projects as directed by appropriations contained in an enacted Operating or Capital Budget bill. 1 Version 10/23/15 State of Washington, Department of Ecology IAA No. C1600173 THEREFORE, IT IS MUTUALLY AGREED THAT: 1) STATEMENT OF WORK YAKIMA shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Appendix A, attached hereto and incorporated herein. 2) PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this IAA shall commence on April 15, 2016, and be completed by December 31, 2017, unless terminated sooner as provided herein. Amendments extending the period of performance, if any, shall be at the sole discretion of ECOLOGY. 3) COMPENSATION The source of funds for this IAA is Yakima Basin Integrated Plan Implementation Account. Compensation for the work provided in accordance with this IAA has been established under the terms of RCW 39.34.130 and RCW 39.26.180(3). This is a performance -based contract, in which payment is based on the successful completion of expected deliverables. The parties have determined that the cost of accomplishing the work identified herein will not exceed $50,200.00. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree via an amendment to a higher amount. Compensation for services shall be based on the terms and tasks set forth in Appendix A, Statement of Work and Budget. ECOLOGY will not make payment until it has reviewed and accepted the completed work. 4) BILLING AND PAYMENT PROCEDURE Payment requests shall be submitted on state form, Invoice Voucher A19 -IA with supporting documentation. Invoices shall describe and document to ECOLOGY's satisfaction a description of the work performed, the progress of the work, and related fees. Each invoice voucher shall reference the Agreement (IAA) number and clearly identify those items that relate to performance under this Agreement. Payment will be made within thirty (30) days of a properly completed invoice (form A19 -1A) with supportive documentation. All expenses invoiced shall be supported with copies of invoices paid. Invoices are to be sent to: State of Washington Department of Ecology Attn: Al Josephy P.O. Box 47600 Olympia, WA 98504 -7600 Payment requests may be submitted on a monthly basis or at the completion of the work. Upon expiration of this Agreement, any claim for payment not already made shall be submitted to ECOLOGY within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. Payment will be issued through Washington State's Department of Enterprise Services Statewide Payee Desk. To receive payment you must be registered as a state -wide vendor. To register submit a state -wide vendor registration form and an IRS W -9 form at website, http: / /www.des.wa.gov/ services / ContractingPurchasing /Business/VendorPay /Pages /default.aspx. If you have questions about the vendor registration process you can contact DES at the Payee Help Desk at (360) 407 -8180 or email payeehelpdesk(cr�,des.wa.gov. 2 Version 10/23/15 State of Washington, Department of Ecology IAA No. C1600173 5) ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6) ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 7) ASSURANCES Parties to this Agreement agree that all activity pursuant to this contract will be in accordance with all the applicable current federal, state and local laws, rules, and regulations. 8) CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9) DISPUTES Parties to this Agreement shall employ every effort to resolve a dispute themselves without resorting to litigation. In the event that a dispute arises under this Agreement that cannot be resolved among the parties, it shall be determined by a Dispute Board in the following manner. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms, and applicable statutes and rules, and then make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto, unless restricted by law. The cost of resolution will be borne by each party paying its own cost. As an alternative to this process, if state agencies, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. The parties may mutually agree to a different dispute resolution process. 10) FUNDING AVAILABILITY ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the agreement, in whole or part, for convenience or to renegotiate the agreement subject to new funding limitations and conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification restrictions. 11) GOVERNING LAW AND VENUE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 3 Version 10/23/15 State of Washington, Department of Ecology IAA No. C1600173 12) INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 13) ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal and state of Washington statutes, regulations, and rules. b. Mutually agreed upon written amendments to this Agreement. c. This Agreement. d. Statement of Work and Budget. e. Any other provisions of this Agreement, including materials incorporated by reference. 14) RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expirationof this Agreement and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties subject to state public disclosure laws. 15) RESPONSIBILITIES OF THE PARTIES Each party of this Agreement hereby assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omissions on the part of itself, its employees, its officers, and its agents. Neither party will be considered the agent of the other party to this agreement. 16) RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by state of Washington, ECOLOGY. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. 17) SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without 4 Version 10/23/15 State of Washington, Department of Ecology IAA No. C1600173 the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 18) SUBCONTRACTORS The City agrees to take complete responsibility for all actions of any Subcontractor used under this Agreement for the performance. Prior to performance, all subcontractor who will be performing services under this Agreement must be identified, including their name, the nature of services to be performed, address, telephone, WA State Department of Revenue Registration Tax number (UBI), federal tax identification number (TIN), and anticipated dollar value of each subcontract. Provide such information to ECOLOGY's agreement manager. 19) TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 20) TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon thirty (30) days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 21) WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a written amendment to this Agreement signed by an authorized representative of the parties. 22) AGREEMENT MANAGEMENT The representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The ECOLOGY Representative is: The YAKIMA Representative is: Name: Melissa Downes Name: Scott Schafer Address: 1250 West Alder Street Address: 2301 Fruitvale Blvd Union Gap, WA 98903 -0009 Yakima, WA 98902 Phone: 509- 454 -4259 Phone: 509 -575 -6411 Email: MNIH461 @ECY.WA.GOV Email: scot.schafer @yakimawa.gov 5 Version 10/23/15 State of Washington, Department of Ecology IAA No. C1600173 23) ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. IN WITNESS WHEREOF, the parties hereto, having read this Contract in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. State of Washington City of Yakima Department of Ecology By By Signature Date Signature Date G. Thomas Tebb Jeff Cutter Director: Office of Columbia River Interm City Manager Approved as to form: Attorney General's Office 6 Version 10/23/15 State of Washington, Department of Ecology IAA No. C1600173 APPENDIX A STATEMENT OF WORK AND BUDGET Introduction Project will install a low water use garden at the City of Yakima Public Works Facility • Objectives • The project will promote water conservation through education by developing a low water -use demonstration garden for the citizens of Yakima. Citizens can see how a low use garden is implemnted and how it can save water. • The garden will replace approximately 24,187 square feet of turf grass with low water use plantings and 10,836 square feet of turf grass with rock mulch (no water use) which will conserve approximately 7.8 acre feet of water per year. Task 1: Design reduced water improvement project. Deliverables: Design, construction documents and construction observation /management plan Due Date: September 30, 2016 Budget: $5,400.00 Task 2: Convert Turf Grass and Garden Areas to Low Water Use Garden. Description: Demo, clean & grub specified areas, revise and or replace irrigation and re -plant areas with low water usage plantings with landscape fabric, bed edging and mulch to cover 7,800 square feet. Subtasks: • Remove turf grass and other plantings and dispose • Dress edges and install border • Add compost • Rototill • Revise and replace irrigation system • Install weed barrier fabric • Plant low water use plants • Install mulch cover Deliverables (s): Complete several separate low water use gardens Due Date: September 30, 2017 Budget: $31,900.00 7 Version 10/23/15 State of Washington, Department of Ecology IAA No. C1600173 Task 3: Convert Stormwater Swale from Turf Grass to No Water Use. Description: Replace turf grass in stormwater swale with rock mulch. Demo, clean & grub specified area, revise and/ or replace irrigation and replace with approved drain rock for drainage swale. 10,836 square feet. Subtasks: • Remove turf grass and dispose • Remove irrigation system • Install weed barrier fabric • Install crushed rock mulch Deliverables (s): Complete stormwater swale conversion to no water use Due Date: September 30, 2017 Budget: $12,900.00 Project Budget: Budget by Task Task Description FY 16 FY 17 Budget Amount Task 1 Design reduced water improvement project $5,400.00 $5,400.00 Task 2 Convert Turf Grass and Garden to Low $31,900.00 $31,900.00 Water Use Garden Task 3 Convert Stormwater Swale from Turf Grass $12,900.00 $12,900.00 to No Water Use Project Total Budget $37,300.00 $12,900.00 $50,200.00 Budget by Element Description FY 2016 FY 2017 Amount Salaries $0.00 Benefits $0.00 Contracts $37,340.00 $12,860.00 $50,200.00 Travel $0.00 Equipment $0.00 Overhead $0.00 Project Total $37,340.00 $12,860.00 $50,200.00 Budget 8 Version 10/23/15