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Home My WebLink AboutRES 2023-192BOARD OF COLINTY 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. J4^ BE IT FURTHER RESOLVED that the Public Works Water Resources Manager is authorized to sign the Department of Ecology funding agreement. DATED this 7th day of November 2023,at Ellensburg, Washington BOARD OF COUNTY COMMISSIONERS , WASHINGTON the Board- Julie Kjorsvik Brett Vice-Chairman X DeputylClerk qf the Board- Mandy Buchholz Commissioner r. MEMORANDUM OF AGREEMENT BETWEEN MID-COLUMBIA FISHERIES ENHANCEMENT GROUP AND KITTITAS COUNTY FTOOD 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 "MlD-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 G ra nt 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: r. 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 t, 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,. lmplement 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. lnvoice 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: L. Review grant agreement WQC-2024-K|CPWD-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. lnvoice 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. il. PROVTSOS 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. lndemnification/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.LI5, 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. lf 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 alldirect and indirect costs expended by either party in the performance oftheservicesdescribedherein. Theserecordsshallbesubjecttoinspection,revieworauditbypersonnel 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 materialto 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. Vlll: 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 ATTERATIONS 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. tf 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. ln 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.) b.) c.) Applicable state and federal statutes and rules; Scope of work; and Any other provisions of the agreement, including materials incorporated by reference Xll: 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. Xlll: SEVERABILIW lf 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 lnsurance as required by applicable state or federal law. B. Comprehensive Vehicle Liability lnsurance covering personal injury and property damage claims arlsing from the use of motor vehicles with combined single limits of one million dollars and zero cents (S1,000,000). C. Commercial General Liability lnsurance 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. lnsurance coverages specified in this MOA are not intended and will not be interpreted to limit the responsibility or liability of MCFEG. H, lt 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: Marga ret 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 lN WITNESS WHEREOF, the parties have executed this Agreement. \$\\il By:ht tll?'L3 Title: Chairman, Board of County Commissioners Date By: Bill Mast Title: President, Mid-Columbia Regional Fisheries Enhancement Group Date: tltottzoze 1 Appendix A Scope of Work and Budget 521,896 Grant Administration Properly manage and fully document that the project that meets ECOLOGY's gra nt adm in istrative requirements. nBudget Title and Task No. 2 5t20,206 Mercer Creek at Helena Avenue Stewardship lmplement weed management, fence maintenance, and other work to ensure that the project achieves its goals of improved floodplain function, habitat, and water qual ity 3 555,361 Mercer Creek West of Railroad Ave Design Design a water quality improvement project along another I,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 S10,978 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. Signature Certificate Envelope Ref:94091 cdd a478f2ftgbe3de2fe842f41 e901 1 c652 Rhonda Starling (trealion ltat{r: 30 Oct 2023, 10:13:45, PDT Conrplt:tior_. Dalt: ffi l\ttthor'01 Nov2023, 11:45:43, PDT I Document Details: N;;rle:FINAL_MCFEG-KC MOA I y;rr: l)ocurncnt Ref.7 1 aadT e804e2d53f52cd3fd71 2e5bga4 1 38f 1 2cdfa2O30'7 907 1bO1 SO77 7'l9e Dor;unrr:ni'l'otal P;rrles. 6 Document Signed By: Nan re: f rrail: lP Locatiorr: Date: Consent: Security Level Bill Mast bmastl@live.com 166.182.80.80 KNOXVTLLE, TN (US) 01 Nov 2023, 11:45:43, PDT eSignature Consent Accepted Email $r\\il Document History: Linrrelope Cre;lted lnvitalion Sent lnvitation Accepted Signed by Bill Mast Fxecutecl Signed Doclrmeni(s) Sigrred Docurnerrl(s) Rhonda Starling created this envelope on 30 Oct 2023, 10:13:4S, pDT lnvitation sent to Bill Mast on 30 Oct 2023, 10:27:16, PDT lnvitation accepted by Bill Mast on 01 Nov 2023, 11'44:47, pDlr Bill Mast signed this Envelope on 01 Nov 2023, 11:45:43, pDT Document(s) successfully executed on 01 Nov 2029, 11'.45:4J, pDT Link emailed to bmastl@live.com Link emailed to rhonda@midcolumbiafisheries.org ISt0il