HomeMy WebLinkAbout05/03/2016 05K Low Water Use Gardens Grant Agreement with the Washington State DOE I r • )1
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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.
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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.
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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.
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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
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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
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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
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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
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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
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