HomeMy WebLinkAboutResolution_Chair Signature MOU_MidColumbiaFisheriesKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
2023 AGENDA STAFF REPORT
AGENDA DATE: November 7, 2023
ACTION REQUESTED: Request to Approve a Resolution to Authorize Chair
signature on the Memorandum of Agreement between
Kittitas County and Mid -Columbia Regional Fisheries
Enhancement Group and authorize Public Works Water
Resources Manager to sign the Department of Ecology
funding agreement.
BACKGROUND: During the October 23, 2023, Public Works Study Session,
staff briefed the Board of County Commissioners on a
proposal to partner with the Mid -Columbia Regional
Fisheries Enhancement Group to ensure the success of the
Mercer Creek at Helena flood alleviation project and
conduct additional landowner outreach and project develop
work and utilize a Department of Ecology grant. Staff was
directed to prepare enabling documentation for the Mid -
Columbia Fisheries Memorandum of Agreement (MOA)
and Ecology grant agreement.
The MOA has been reviewed by the Prosecuting Attorney's
Office.
INTERACTION: Public Works; Prosecuting Attorney's Office
RECOMMENDATION: Approve the Resolution to Authorize Chair signature on the
Memorandum of Agreement between Kittitas County and
Mid -Columbia Regional Fisheries Enhancement Group and
authorize Public Works Water Resources Manager to sign
the Department of Ecology funding agreement.
HANDLING: Return one original to Public Works.
ATTACHMENTS: Resolution; Memorandum of Agreement
LEAD STAFF: Arden Thomas, Water Resources Manager.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2023 -
AUTHORIZING CHAIR SIGNATURE ON A MEMORANDUM OF AGREEMENT
BETWEEN KITTITAS COUNTY AND MID-COLUMBIA REGIONAL FISHERIES
ENHANCEMENT GROUP AND AUTHORIZING PUBLIC WORKS WATER
RESOURCES MANAGER TO ACCEPT FUNDING FROM THE WASHINGTON
STATE DEPARTMENT OF ECOLOGY TO IMPLEMENT THE MEMORANDUM OF
AGREEMENT
WHEREAS: The Kittitas County Flood Control Zone District has developed an annual work
program and 6-year Capital Facility Plan which includes flood alleviation through
the removal of crack willow and accumulated sediments; and
WHEREAS: The 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 working with local landowners to implement habitat
improvement projects by replacing crack willow with native vegetation and
removing accumulated sediments for water quality purposes; and
WHEREAS: Kittitas County is eligible for Department of Ecology funding, to be awarded by
Grant Agreement WQC-2024-KiCPWD-00228, to maintain the Mercer Creek
flood reduction project and conduct outreach to additional Mercer Creek
landowners; and
WHEREAS: Kittitas County Public Works has requested $208,441 from this funding source;
and
WHEREAS: Kittitas County Public Works will collaborate with the Mid -Columbia Regional
Fisheries Enhancement Group to implement the scope of work within the grant
application; and
WHEREAS: The Department of Ecology notified Kittitas County Public Works that our
organization has been selected for an award contingent on funding availability;
and
WHEREAS: Funding from the Department of Ecology will be help implement the Flood
Control Zone District Capital Program;
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 on
the Memorandum of Agreement between Kittitas County and Mid -Columbia Regional Fisheries
Enhancement Group.
BE IT FURTHER RESOLVED that the Public Works Water Resources Manager is authorized
to sign the Department of Ecology funding agreement.
DATED this 7`h day of November 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 FLOOD CONTROL ZONE DISTRICT
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, collectively referred to as the "PARTIES."
Whereas, the Kittitas County Flood Control Zone District has developed an annual work program and 6-
year capital facility plan which includes flood alleviation through the removal of crack willow and
accumulated sediments; 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 working with local landowners to implement habitat improvement projects by
replacing crack willow with native vegetation and removing accumulated sediments for water quality
purposes; and
Whereas, Kittitas County is eligible for Centennial Clean Water Funding, to be awarded by Grant
Agreement WQC-2024-KiCPWD-00228, which will fund work completed by Mid -Columbia Fisheries; 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 in implementing the scope of work authorized by
Grant Agreement WQC-2024-KiCPWD-00228.
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 improve habitat, water quality, and
floodplain function on Mercer Creek and implement the scope identified in Grant Agreement WQC-2024-
KiCPWD-00228. A summary of tasks is identified in Appendix A. A map of the project sites is provided in
Appendix B.
PERIOD OF PERFORMANCE
This Agreement will go into effect on January 1, 2024, and shall be in place until December 30, 2026,
unless terminated sooner as provided herein. This Agreement may be extended based on the written
agreement of both parties.
ROLES AND RESPONSIBILITIES
A. Mid -Columbia Fisheries will:
1. Implement the tasks and provide the deliverables described in the Mercer Creek Design &
Stewardship grant agreement, Department of Ecology #WQC-2024-KiCPWD-00228 and
summarized in Appendix A.
2. Comply with all relevant provisions and requirements of the grant agreement, including
quarterly and project close-out reporting.
3. Provide Kittitas County with all information needed for the required grant reporting, and/or
complete the grant reporting on behalf of the County if feasible.
4. Coordinate with Department of Ecology, participating landowners, Kittitas County, and
other stakeholders.
5. Invoice the County not more than monthly for work that is reimbursable to the County
under the Grant. Ensure that invoices are accurate and have adequate documentation
required by the Department of Ecology and Kittitas County.
B. Kittitas County will:
1. Review grant agreement WQC-2024-KiCPWD-00228 when it is available for consistency
with County policies.
2. Enter into the approved grant agreement between Kittitas County and Department of
Ecology.
3. Invoice Department of Ecology quarterly (at the schedule required by Department of
Ecology, or more frequently if needed) for expenses made in implementing the scope of
work of the Grant, including Mid -Columbia Fisheries' expenses which will be billed
quarterly.
4. Reimburse Mid -Columbia Fisheries' invoices in a timely manner.
5. Coordinate with Mid -Columbia Fisheries on issues related to the administration of the
Grant.
II. PROVISOS
A. Nothing in this MOA is intended to create any rights in any party not a party to this MCA 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 their
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 nor their officials are not
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal agency or department.
III. 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.
Vill: 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; and
c.) Any other provisions of the agreement, including materials incorporated by reference.
XII: 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 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: INSURANCE
During the course and performance of the services herein specified and for the entire term of the
Agreement, MCFEG shall carry the following types and amounts of insurance:
A. Worker's Compensation and Employer's Liability Insurance as required by applicable state or
federal law.
B. Comprehensive Vehicle Liability Insurance covering personal injury and property damage claims
arising from the use of motor vehicles with combined single limits of one million dollars and zero
cents ($1,000,000).
C. Commercial General Liability Insurance covering claims for personal injury and property
damage for both ongoing and completed operations with combined single limits of one million
dollars and zero cents ($1,000,000) per occurrence per project and two million dollars and zero
cents ($2,000,000) general aggregate.
D. MCFEG agrees to provide Kittitas County with evidence of liability insurance naming the Kittitas
County, its officers, employees, agents and authorized volunteers as an additionally insured
party with respect to items b. and c. above. No specific person should be identified as insured.
All references on certificates of insurance shall be listed as Kittitas County.
E. MCFEG shall provide Kittitas County notice of any cancellation or non -renewal of this required
insurance within Thirty (30) calendar days.
F. MCFEG shall be responsible for the payment of all premiums, deductibles and self -insured
retentions, and shall indemnify and hold Kittitas County harmless to the extent such a
deductible or self -insured retained limit may apply to Kittitas County as an additional insured.
G. Insurance coverages specified in this MOA are not intended and will not be interpreted to limit
the responsibility or liability of MCFEG.
H. It is MCFEG's responsibility to ensure that each subcontractor obtain and maintain adequate
liability insurance coverage. MCFEG shall provide evidence of such insurance upon Kittitas
County's request.
XV: 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.
XVI: 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, #1
Ellensburg, WA 98926
IN WITNESS WHEREOF, the parties have executed this Agreement.
By: Cory Wright
Title: Chairman, Board of County Commissioners
Date:
`440
By: Bill Mast
Title: President, Mid -Columbia Regional
Fisheries Enhancement Group
Date:1vov2023
Appendix A
Scope of Work and Budget
$21,896 Grant Administration
Properly manage and fully document that the project that meets
ECOLOGY'S grant administrative requirements.
2 $120,206 Mercer Creek at Helena Avenue Stewardship
Implement weed management, fence maintenance, and other work to
ensure that the project achieves its goals of improved floodplain function,
habitat, and water quality.
$55,361 Mercer Creek West of Railroad Ave Design
Design a water quality improvement project along another 1,400 feet of
Mercer Creek west of Railroad Avenue. As part of the work, Mid -Columbia
Fisheries will work with the landowners, Kittitas County, and the City of
Ellensburg to assess whether changes at the site could improve floodplain
function and flood protection in the area.
4 $10,978 Community Engagement
Engage community volunteers in restoration projects on streams in Kittitas
County and provide public trainings and presentations about water quality
and riparian habitat.
Task budgets are approximate. Department of Ecology allows some limited movement of funds between
tasks to accomplish the scope of work.
oa ao
Signature Certificate
Envelope Ref:9409ledda478f2ff9be3de2fe842f4le9011c652
. K Rhonda Starling 1 30 Oct 2023, 10:13:45, PDT .. 01 Nov 2023, 11:45:43, PDT
Document Details:
Document Signed By:
Document History:
Envelope Gre."3n
Invitation Scant
Invitation Air,=fneJ
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Bill Mast
bmastl@live.com
166.182.80.80
KNOXVILLE, TN (US)
01 Nov 2023, 11:45:43, PDT
eSignature Consent Accepted
Email
Rhonda Starling created this envelope on 30 Oct 2023, 10:13:45, PDT
Invitation sent to Bill Mast on 30 Oct 2023, 10:27:16, PDT
Invitation accepted by Bill Mast on 01 Nov 2023, 11:44:47, PDT
Bill Mast signed this Envelope on 01 Nov 2023, 11:45:43, PDT
Document(s) successfully executed on 01 Nov 2023, 11:45:43, PDT
Link emailed to bmastl@live.com
Link emailed to ronda@midcolumbiafishedes.org
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