HomeMy WebLinkAboutResolution_MOA with MidColumbiaFisheriesKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
2023 AGENDA STAFF REPORT
AGENDA DATE: April 4, 2023
ACTION REQUESTED: Request to Approve a Resolution to Enter into a
Memorandum of Agreement with Mid -Columbia Fisheries
BACKGROUND: Kittitas County and Mid -Columbia Fisheries have each
obtained grant funding to implement the Yakima River
Corridor Plan. Projects implemented by Kittitas County
and Mid -Columbia Fisheries are highly interrelated. Given
the extensive work by Mid -Columbia Fisheries within this
focal restoration area and resources this organization has
secured, this non-profit organization is uniquely qualified
to implement certain restoration actions on behalf of
Kittitas County. Public Works wishes to formalize our
relationship with Mid -Columbia Fisheries to document our
respective roles, project contributions, and specify funding
for cooperative implementation actions for the Yakima
River Corridor Plan.
INTERACTION: Public Works.
RECOMMENDATION: Approve resolution to enter into a Memorandum of
Agreement with Mid -Columbia Fisheries.
HANDLING: Return one original to Public Works.
ATTACHMENTS: Resolution; Memorandum of Agreement
LEAD STAFF: Arden Thomas, Water Resource Manager.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF HITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2023 -
AUTHORIZING CHAIR SIGNATURE ON A MEMORANDUM OF AGREEMENT
BETWEEN HITTITAS COUNTY AND MID -COLUMBIA REGIONAL FISHERIES
ENHANCEMENT GROUP
WHEREAS: On December 1, 2015, Kittitas County adopted the Yakima River Corridor Plan
for habitat enhancement and flood risk management of the Yakima River, from the
Jeffries Levee to the Yakima River Canyon; and
WHEREAS: Kittitas County has been implementing the Yakima River Corridor Plan by
acquiring flood prone property, conducting additional technical studies, advancing
restoration project design, and restoring floodplain riparian habitat on County
owned property; and
WHEREAS: Mid -Columbia Regional Fisheries Enhancement Group, a non-profit organization
dedicated to protecting and restoring wild salmonid populations and their habitats
through restoration, protection, education, and community involvement has been
implementing the Yakima River Corridor Plan by restoring and maintaining
floodplain habitat on public and private lands; and
WHEREAS: Mid -Columbia Regional Fisheries Enhancement Group and Kittitas County have
each secured funding from competitive funding sources to implement the Yakima
River Corridor Plan; and
WHEREAS: Mid -Columbia Regional Fisheries Enhancement Group is uniquely qualified to
implement certain restoration actions in partnership with Kittitas County, given
their current role implementing the Yakima River Corridor Plan and resources this
organization has secured through funding agreements; and
WHEREAS: Kittitas County and Mid -Columbia Regional Fisheries Enhancement Group desire
to establish a Memorandum of Agreement to define respective roles, project
contributions, and specifying funding for cooperative implementation actions for
the Yakima River Corridor Plan for habitat enhancement and flood risk
management of the Yakima River, from the Jeffries Levee to the Yakima River
Canyon.
NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas
County, Washington, in the best interest of the public, does hereby authorize Chair signature
Memorandum of Agreement between Kittitas County and Mid -Columbia Regional Fisheries
Enhancement Group.
DATED this 4"' day of April 2023, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Cory Wright, Chairman
Attest:
❑ Clerk of the Board- Julie Kjorsvik
Brett Wachsmith, Vice -Chairman
❑ Deputy Clerk of the Board- Mandy Buchholz
Laura Osiadacz, Commissioner
MEMORANDUM OF AGREEMENT
BETWEEN
MID -COLUMBIA FISHERIES ENHANCEMENT GROUP
AND
KITTITAS COUNTY PUBLIC WORKS DEPARTMENT
SUPPORTING LAND USE RESTORATION ACTIVITIES
THIS MEMORANDUM OF AGREEMENT ("MOA") is made and entered into by and between
Mid -Columbia Regional Fisheries Enhancement Group, hereinafter referred to as "MID -
COLUMBIA FISHERIES" or MCF," and Kittitas County, hereinafter referred to as the "COUNTY,"
and collectively referred to as the "PARTIES."
WHEREAS, on December 1, 2015, the Kittitas County adopted the Yakima River Corridor Plan for
habitat enhancement and flood risk management of the Yakima River, from the Jeffries Levee to the
Yakima River Canyon; and
WHEREAS, Kittitas County has been implementing the Yakima River Corridor Plan by acquiring
flood prone property, conducting additional technical studies, advancing restoration project design,
and restoring floodplain riparian habitat on County owned property; and
WHEREAS, Mid -Columbia Fisheries, a non-profit organization dedicated to protecting and
restoring wild salmonid populations and their habitats through restoration, protection, education, and
community involvement has been implementing the Yakima River Corridor Plan by restoring and
maintaining floodplain habitat on public and private lands; and
WHEREAS, Mid -Columbia Fisheries and Kittitas County have each secured funding from
competitive funding sources to implement the Yakima River Corridor Plan; and
WHEREAS, Mid -Columbia Fisheries is uniquely qualified to implement certain restoration actions
in partnership with Kittitas County, given their current role implementing the Yakima River Corridor
Plan and resources secured by MCF through funding agreements; and
WHEREAS, Kittitas County and Mid -Columbia Fisheries desire to establish a Memorandum of
Agreement to define MCF's and the County's respective roles, project contributions, and specifying
funding for cooperative implementation actions for the Yakima River Corridor Plan for habitat
enhancement and flood risk management of the Yakima River, from the Jeffries Levee to the Yakima
River Canyon.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth
herein, it is agreed by and between MCF and the County as follows:
I. SCOPE
MCF and the County will work together in a cooperative fashion to design, implement, install, and
maintain the following floodplain revegetation projects, as further described in Appendix A:
A. Cottonwood Pilot Project
B. Floodplain Revegetation Implementation
C. Floodplain Revegetation Stewardship
D. Project Coordination and Grant Writing in Support of the Cottonwood Pilot Project,
Floodplain Revegetation, and Floodplain Revegetation Stewardship
The financial commitments associated with each project are displayed in Appendix B, Financial Plan.
Project elements for which funding has not yet been secured will be formally added to the scope of
work through a written notice upon securing funding.
Additional projects and changes to roles and responsibilities for existing projects can be incorporated
into this agreement as allowed in Section IX.
II. PERIOD OF PERFORMANCE
This Agreement will go into effect on April 1, 2023, and shall be in place until December 31, 2026,
unless terminated sooner as provided herein. Work described in this Agreement that occurred between
December 22, 2022, and the effective date of this Agreement, as supported by MCF grant funds, will
be included under this Agreement.
III. ROLES AND RESPONSIBILITIES
A. MCF will:
1. Provide financial support for approved work via secured grants, as described in Appendix
B.
2. Complete site preparation for a cottonwood forest seedbed pilot project on 17 -acres (see
Map, Site No. 6).
a. Complete weed management including mowing, disking, and herbicide
application to maintain the site weed -free during the 2023 and 2024 growing
seasons.
3. Complete stewardship of riparian restoration projects installed on County lands in the
Yakima River lower Kittitas valley corridor (Yakima Corridor).
a. Sites will include the Spring Creek reforestation site (See map, Site No. 8) and
the Ringer East reforestation site (See map, Site No. 1).
b. Complete weed management as required around plantings.
c. Complete irrigation as required around Spring Creek plantings.
d. Complete treatment, removal, and disposal of colonizing sapling crack willow
from Ringer East in 2023 and 2025.
4. Coordinate with federal, state, and local landowners to effectively integrate stewardship,
land use and future restoration activities on the Yakima Corridor, as directed at quarterly
coordination meetings.
5. Seek funding for planning, design, permitting, implementation, and stewardship of
unfunded projects described in this Scope of Work, or Yakima Corridor projects as
mutually agreed upon by the County and MCFEG.
6. Develop and maintain a task timeline and cost estimate for approved restoration
activities.
7. Provide an annual report to the County of progress on restoration tasks.
8. Complete reporting requirements for funding secured by the County or BLM.
B. The County will:
1. Provide financial support for approved work via secured grants, as described in Appendix
B.
2. Provide access to Kittitas County properties approved for riparian forest restoration or
stewardship activities, for MCF employees or their agents, representatives or assignees.
3. Provide technical expertise for the development and implementation of approved
restoration projects, or Yakima Corridor projects as mutually agreed upon by Kittitas
County and MCFEG.
4. Seek funding for planning, design, permitting, implementation and stewardship of
unfunded projects described in this Scope of Work, or Yakima Corridor projects as
mutually agreed upon by Kittitas County and MCFEG.
5. Complete reporting requirements for funding secured by MCF or BLM.
IV. PROVISOS
A. Nothing in this MOA is intended to create any rights in any party not a party to this MOA nor
third -party beneficiaries.
B. Nothing in this MOA creates a resource obligation outside that stated within the agreement.
C. This is not an exclusive agreement, and both parties reserve the right to compensate additional
professional service providers.
D. Indemnification/Hold Harmless. Kittitas County and MCF agree to hold each other and theirs
officers, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees arising out of or resulting from the acts,
errors or omissions of the parties in the reasonable performance of their duties under this
Agreement, except for those injuries and damages that are caused or are attributable to the
negligence of the agency. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of Kittitas County and MCF and their officers, officials, employees and
volunteers, the parties liability, including the duty and cost to defend shall be only to the
extent of the responsible parties negligence. The provisions of this section shall survive the
expiration or termination of this Agreement.
E. Attorney's Fees. If any legal action or proceeding is commenced relating to this Agreement,
the prevailing party is entitled to recover its reasonable attorneys' fees and costs.
F. By signing this agreement, both parties certify that neither they not their officials are not
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal agency or department.
V. RECORDS MAINTENANCE
The parties to this contract shall each maintain books, records, documents and other evidence
which sufficiently and properly reflect all direct and indirect costs expended by either party in the
performance of the services 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 expiration 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.
VIII: 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.
IX: AGREEMENT 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.
X: TERMINATION
Either party may terminate this Agreement upon 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.
XI: GOVERNANCE
This contract 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.
In the event of any 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 state and federal statutes and rules;
b.) Scope of work (Attachment A); and
c.) Any other provisions of the agreement, including materials incorporated by reference.
XII: WAIVER
A failure by either parry 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 writing signed by an authorized representative of the
party and attached to the original Agreement.
XIII: 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 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.
XIV: 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.
XV: CONTRACT MANAGEMENT
The contract manager for each of the parties shall be responsible for and shall be the contact person
for all communications regarding the performance of this Agreement.
The Contract Manager for MCF is:
Margaret Neuman, Executive Director
Mid -Columbia Fisheries Enhancement Group
P.O. Box 2211
White Salmon, WA 98672
The Contract Manager for the County is:
Arden Thomas, Kittitas County Water Resources Manager
Kittitas County Public Works
411 N. Ruby Street, #I
Ellensburg, WA 98926
IN WITNESS WHEREOF, the parties have executed this Agreement.
By: Cory Wright
Title: Chairman, Board of County Commissioners
Date:
N4414
By: Bill Mast
Title: President, MCFEG
Date: 03/22/2023
o-. o
Signature Certificate
Envelope Ref:d218bc3eaaad34c316bb86f2c3ee5738362la2co
Rhonda Starling - 22 Mar 2023, 09:07:32, PDT 22 Mar 2023, 11:06:10, PDT
Document Details:
MCFEG-KC MOA WCook
231fb302337334fc8la70ac039lf9febl6da55a4dd342156bc828b2f92ee
f6d9
5
Document Signed By:
^Jan, Bill Mast
bmastl@live.com
IF' 166.181.89.27
Foxit eSign
lal� 22 Mar 2023,11:06:10, PDT
eSignature Consent Accepted
.e„awn- l wu! Email
Document History:
Envelope Crea(e ri
Rhonda Starling created this envelope on 22 Mar 2023, 09:07:32, PDT
Invitation Sent
Invitation sent to Bill Mast on 22 Mar 2023, 09:09:40, PDT
Invitation Accepted
Invitation accepted by Bill Mast on 22 Mar 2023, 11:05:40, PDT
Signed b} Bill Mast
Bill Mast signed this Envelope on 22 Mar 2023, 11:06:10, PDT
Executed
Document(s) successfully executed on 22 Mar 2023,11:06:10, PDT
Signed Duaun i l
Link emailed to bmastl@live.com
Signed Documentlsi
Link emailed to rhonda@midcolumbiafisheries.org
nue
Appendix A
Project Map
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