HomeMy WebLinkAboutR-1990-D5850 Forestry / Natural Resources D ' 5850
RESOLUTION NO.
A RESOLUTION authorizing execution of a Memorandum of Agree-
ment between the City of Yakima and the Washing-
ton State Department of Natural Resources for an
Urban Forestry Plan.
WHEREAS, the City of Yakima desires to conduct an inven-
tory study of all existing trees that are the responsibility
of the Parks and Recreation Division for the purpose of pro -
viding information to formulate a City Urban Forestry Program
Plan; and
WHEREAS, the Department of Natural Resources is willing
to mak e partial funding available to the City of Yakima in
order to assist the City in drafting the aforementioned plan;
and
WHEREAS, the City Council deems it to be in the best
interest of the City of Yakima to contract with the Department
of Natural Resources for partial funding with which to accom-
plish the aforementioned plan; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized
and directed to execute the attached and incorporated Memoran-
dum of Agreement together with its Appendix which are attached
hereto and incorporated herein by reference.
ADOPTED BY THE CITY COUNCIL this // day of �i� ,
1990.
9/6
Mayor
ATTEST:
City Clerk
(res 't.reeinv . jv )
CITY OF YAKIMA DEPARTMENT OF PUBLIC WORKS
PARKS & RECREATION DIVISION
Aquatics 575-6020
2301 Frultvale Blvd. Yakima, WA 98902 Programmed Recreation 575-6020
Senior Citizen Center ion 575-6166
(509) 575 -6020 SCAN 278 -6020 Fisher Golf Course 575-6075
Tahoma Cemetery 575 -6026
Park Maintenance 575 -6020
July 13, 1990
Michael Perez - Gibson
Department of Natural Resources
Forest Regulation and Assistance Division
1007 S. Washington EL -03
Olympia, WA 98504
Dear Mr. Perez - Gibson:
Please find enclosed a request from the City of Yakima Parks and Recreation
Division for a Financial Grant from DNR for the development of a total
inventory of existing urban trees located in city parks, along city streets and
boulevards and within the city's downtown district.
The grant amount being requested is $5,000 which will be matched by the City of
Yakima. The City's match will consist of in-kind contributions in the form of
staff support, time contributed to the project by community volunteers, office
space, required office suApplies and a city vehicle to be used to conduct the
inventory. The DNR funds will be used to hire a qualified individual to
coordinate the tree inventory.
Attached is the required narrative proposal for your consideration. Should
additional information be required, please let me know.
Sincerely yours,
David Flaherty
Parks and Recreation Manager
"GET INTO THE FUNSHINE WITH PARKS & RECREATION"
• City of Yakima
Parks and Recreation
City Tree Inventory Project
Proposal
NARRATIVE
Applicant
City of Yakima, Parks and Recreation Division
2301 Fruitvale Blvd.
Yakima, Washington 98902
Contact: David Flaherty
Manager, Parks and Recreation
(509) 575 -6005
Project Objective
Establish a complete inventory of existing urban trees that are planted in
City parks, along City streets and those trees planted within the downtown
shopping district. Inventory would consist of information detailing
location, size /age, condition, and environmental considerations /effects
due to location.
Community Needs and Priorities
Currently the City of Yakima does not have a viable City Urban Forestry
Program in place. Trees located in City parks and along City streets have
received little, if any, care and on -going maintenance. Along some
streets, one can see tree cutouts and planting areas that are missing
trees. In other areas, the effects of listed or improper pruning are
visible along with the results of an inconsistent feeding and spraying
program. Along sidewalks, the lack of growth space and improper planting
techniques are visible as tree roots are causing sidewalk upheaval and
cracking. In some City parks and especially along the Naches Parkway,
trees are approaching the end of their life cycle, yet few trees have been
planted to take their place. The conducting of a total tree inventory
would be the first step in establishing a badly needed City Urban Forestry
Program. In addition, and currently under development by a newly formed
City Tree Committee, is a comprehensive City Tree Ordinance that is also
needed if an Urban Forestry Program is to be successful.
Project and Its Objective
This project will establish, for the first time, a complete inventory of
existing City trees that are the responsibility of the Parks and
Recreation Division to care for and maintain. The project's objective is
to have the inventory completed within six months from the start date of
the project.
Action Plan
Utilizing existing City resources as well as volunteers from the newly
formed City Tree Committee, a Project Coordinator would be hired to
coordinate and conduct the inventory process.
DNR Funding Use
The $5,000 grant being requested from DNR will be used to hire a qualified
individual to coordinate and conduct the City tree inventory.
Program Importance and Priority
At this time the City of Yakima has been unable to fulfill its
responsibility for the care and maintenance of City trees. Several
reasons exist for this situation. Certainly a lack of funding has been a
major reason but equally important has been a lack of understanding of the
City's responsibility for a viable Urban Forestry Program. During the
past six months City Staff, as well as the City Council, have recognized
the importance of the Urban Forest to the health and vitality of a
community. Numerous actions are needed to implement a viable program but
first and foremost what is needed is an inventory of the community's
existing resources -- its trees. That, coupled with a comprehensive Tree
Ordinance, will get this community on the road to a successful Urban
Forestry Program in the years ahead.
Community Support
During a staff report to the City Council, in April of this yer, Council
directed the Parks and Recreation Commission to establish under its
auspices, a City Tree Committee. Currently 15 individuals make up this
committee with representation from a wide cross section of the community.
The establishment of the committee has been well received by the community
from the general citizenry, the business sector and the numerous community
non- profit organizations. Each of the Tree Committee members have pledged
their time and support to the establishment of an Urban Forestry Program
for the City of Yakima.
Local Funding (In Kind)
The City of Yakima's commitment to this project is in the form of In -Kind
contributions totalling $5.060. The Project Coordinator will have both
the assistance of City staff as well as the availability of City
resources, such as office space and equipment, supplies, administrative
support and vehicle transportation.
Project Budget Detail
Expense DNR City
Project Coordinator (Salary: $5,000 $ -0-
($10 p/h x 500 hours)
Office space and supplies 100
Administrative Support Time 200
($10 p/h x 20 hours)
• Parks and Recreation Manager's Time 960
(2 h /pw x $20 x 24 weeks)
Parks Maintenance Staff Time 3,600
(Project assistant $8 p/h x 450 hours)
Transportation (City pick -up - fuel) 200
TOTAL $5,000 $5,060
v p
WASHINGTON STATE DEPARTMENT OF -; Natural Resources BRIAN BOYLE
Commissioner of Public Lands
November 1, 1990 OLYMPIA, WA 98504
David Flaherty
City of Yakima
Parks and Recreation Division
2301 Fruitvale Blvd.
Yakima, WA 98902
Dear David:
We are pleased to offer you a full grant of $5,000 as requested for your
project.
Enclosed are two copies of the Memorandum of Agreement. Please examine the
agreement to make sure it meets with your approval and have the authorized
signator sign and return them to me. The Division Manager for Forest
Regulation and Assistance will then sign the Agreement, establishing the
effective date of the grant. One fully signed copy will be returned to you.
Sincerely,
Michael Perez - Gibson
Stewardship Information Coordinator
Division of Forest Regulation
and Assistance
MPG:11c:32D.845
Enclosures
cc: Tom Robinson
1)
Equal Opportunity /Affirmative Action Employer
MEMORANDUM OF AGREEMENT*
THIS GRANT AGREEMENT is a valid binding contract made and entered into
between the DEPARTMENT OF NATURAL RESOURCES, of the State of Washington,
hereinafter called the DEPARTMENT, and the CITY OF YAKIMA, hereinafter
called the GRANTEE.
GRANTEE'S Legal Address and Telephone:
City of Yakima
Parks and Recreation Division
2301 Fruitvale Blvd.
Yakima, WA 98902
(509) 575 -6020 SCAN 278 -6020
WITNESSETH:
WHEREAS, the DEPARTMENT has jurisdiction to enter into this contract.
WHEREAS, the GRANTEE represents that it is fully qualified to complete
projects listed as per this contract.
NOW THEREFORE, IN CONSIDERATION OF BENEFITS TO BE DERIVED FROM THIS
AGREEMENT, the DEPARTMENT and GRANTEE agree as follows:
1. SCOPE OF PROJECT
The GRANTEE agrees to complete in a satisfactory and proper manner,
as determined by the DEPARTMENT, the project described in the
attached Appendix "A ".
2. PERFORMANCE
a. Effective Date of Agreement: Unless otherwise agreed upon in
writing herein, the effective date of this agreement shall be
the date it is signed by the DEPARTMENT.
b. Time for Performance: Any work performed prior to the effective
date of this agreement, or continuing after the completion date
of the same, unless otherwise agreed upon in writing, will be at
the GRANTEE's expense.
c. Completion Date: Performance under this agreement shall be
completed no later than June 30, 1991.
*Cost- Reimbursement
1
d. Performance Reporting: The GRANTEE shall submit quarterly
progress reports to the DEPARTMENT. The GRANTEE shall also
report, in writing, to the Contract Officer any problems,
delays, or adverse conditions which will materially affect the
ability to meet project objectives, time schedules, or work
units by the established time periods. This disclosure shall be
accompanied by a statement of the action taken or contemplated
and any DEPARTMENT assistance needed to resolve the situation.
e. Liability for Performance: GRANTEE agrees to defend, indemnify
and hold harmless the DEPARTMENT, its officers, agents, and
employees, from and against any liability for any or all
injuries to persons or property arising from the negligent acts
and omissions of the GRANTEE, its officers, agents, and
employees, arising out of this agreement, except for such
damage, claim, or liability resulting from the willful or
negligent act or omission of the DEPARTMENT.
The DEPARTMENT agrees to defend, indemnify, and hold harmless
the GRANTEE, its officers, agents, and employees from and
against any liability for any or all injuries to persons or
property arising from the negligent acts and omissions of the
DEPARTMENT, its officers, agents, and employees arising out of
this agreement, except for such damage, claim, or liability
resulting from the willful or negligent act or omission of the
GRANTEE.
Neither party assumes any responsibility to the other party for
the consequences of any act or omission of any person, firm, or
corporation not a party to this agreement, except as set forth
in this section above.
3. COPYRIGHTS, PATENTS, AND TANGIBLE PROPERTY RIGHTS
a. Copyrights and Patents: The DEPARTMENT retains a royalty -free,
nonexclusive and irrevocable license to reproduce, publish,
• recover or otherwise use the material(s) or property and to
authorize others to use the same for federal, state or local
governmental purposes.
b. Release of Information or Materials: The GRANTEE will not
release any information or materials developed pursuant to this
contract without prior written authority from the DEPARTMENT.
The DEPARTMENT reserves the right to preview all products
developed as a result of this contract. Acceptance of the
completed product(s) must be given by the DEPARTMENT before
distribution will be permitted.
c. Personal Property Furnished by DEPARTMENT: Where personal
property having an acquisition cost of $100.00 or more per unit
and a useful life of more than one year is furnished directly to
the GRANTEE for use in performance of the project, it shall be
2
returned to the DEPARTMENT prior to final payment. Should said
property be lost, stolen, or damaged while in the GRANTEE'S
possession, the DEPARTMENT shall be reimbursed in cash or by
setoff by the GRANTEE for the fair market value of such
property.
4. COMPENSATION
a. Amount: The DEPARTMENT agrees to compensate or reimburse the
GRANTEE a sum of not to exceed $5,000 including Washington State
Sales Tax where applicable. The amount of the Department's
payment shall be matched in equal sum by the GRANTEE. No
additional payments shall be made under this grant unless
otherwise specifically agreed upon in writing as an amendment to
this grant.
b. Indirect Costs: Allowable indirect costs must not exceed the
federally approved percentage of 16.83 percent for the
DEPARTMENT.
c. Method of Compensation: All payments will be made for
deliveries or services performed on a reimbursable basis
expressly conditioned upon submission to the DEPARTMENT of a
State Invoice Voucher request form along with supportive
documents describing, to the satisfaction of the DEPARTMENT, the
work performed, activities undertaken, or the progress of the
project otherwise made.
The voucher request form and supportive documents must itemize
and break down all allowable costs into budget object
categories; for example: personnel, fringe benefits, travel,
equipment, supplies, contractual, construction, indirect
charges, etc. A general guideline for completion of the voucher
request form and supportive documents is attached to this grant
as Appendix "B ", and by this reference is made a part hereof.
d. Period of Compensation: All payments will be for deliveries or
services performed within the effective dates of this agreement
unless specifically modified in writing herein.
e. Final Request(s) for Payment: The GRANTEE must submit final
request(s) for compensation within thirty (30) days after
satisfactory completion of the grant and within fifteen (15)
days if completed at or near the end of a fiscal biennium.
f. Maintenance of Records: All records supporting every request
for payment shall be maintained in a manner which will provide
an audit trail to the expenditures for which state support is
3
provided. Original source documents shall be maintained by the
GRANTEE and made available to the DEPARTMENT or a duly
authorized audit representative upon request.
g. Mileage and Per Diem: If mileage and per diem are paid, it
shall not be in an amount greater than that allowed in State
Office of Financial Management regulations.
5. DISPUTES
Except as otherwise provided in this grant, any dispute concerning a
question of fact arising under this grant which is not disposed of by
agreement shall be decided by the DEPARTMENT'S Contract Officer who
shall reduce his /her decision to writing and furnish a signed copy to
the GRANTEE. The decision of the Contract Officer shall be final and
conclusive unless, within thirty (30) days from the receipt of such
copy, the GRANTEE mails or otherwise furnishes to the Contract
Officer a written appeal addressed to the Deputy Supervisor for
Resource Protection and Services of the DEPARTMENT. The decision of
the Deputy Supervisor for Resource Protection and Services, or duly
authorized representative, for the determination of such appeals
shall be final and conclusive.
The GRANTEE does not hereby waive any right to seek review of the
Deputy Supervisor of Resource Protection and Services decision.
• However, such review shall be sought only in the Superior Court of
Thurston County. Pending final decision of a dispute hereunder, the
GRANTEE shall proceed diligently with the performance of the grant
and in accordance with the decision rendered.
6. TERMINATION OF AGREEMENT
a. For Cause: The obligation of the DEPARTMENT to the GRANTEE is
contingent upon satisfactory performance by the GRANTEE of all
its obligations under this grant. In the event that the GRANTEE
fails to perform any obligation required of it by this grant,
the DEPARTMENT may refuse to pay any further grant funds
thereunder and /or terminate this grant by giving written notice
of such termination and specifying the effective date thereof,
at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished
documents, data studies, surveys, drawings, maps, models,
photographs, and reports or other materials prepared by the
GRANTEE under this grant shall, at the option of the DEPARTMENT,
become its property and the GRANTEE shall be entitled to receive
just and equitable compensation for any satisfactory work
completed on such documents and other materials.
4
Notwithstanding the above, the GRANTEE shall not be relieved of
liability to the DEPARTMENT for damages sustained by the
DEPARTMENT by virtue of any breach of agreement by the GRANTEE.
The DEPARTMENT may withhold any payments for the purpose of
setoff until such time as the exact amount of damages due the
DEPARTMENT from the GRANTEE is determined.
b. Insufficient Funds: The obligation of the DEPARTMENT to make
grant payments is contingent upon the availability of funds
through legislative appropriation and state allotment, and such
other conditions not reasonably foreseeable by the DEPARTMENT
rendering performance impossible. When the grant crosses over
fiscal years, the obligation of the DEPARTMENT is contingent
upon the allotment of funds during the next fiscal year.
7. MISCELLANEOUS PROVISIONS
a. Discrimination: The DEPARTMENT and the GRANTEE agree to be
bound by all federal and state laws, regulations and policies
against discrimination and agree not to discriminate in
' employment, either directly or indirectly, because of a person's
age, sex, marital status, creed, color, national origin,
disability (sensory, mental, or physical), disabled or Vietnam
Era Veteran status, or sexual orientation, unless based upon a
bona fide occupational qualification.
b. Assignments: No right or claim of the GRANTEE arising under
this contract shall be transferred or assigned by the GRANTEE.
c. The GRANTEE also agrees to an audit and inspection of all
relevant records and files by the DEPARTMENT or by any other
duly authorized audit representative for a period of at least
three (3) years after the termination date of this agreement or
of any dispute hereunder.
d. Waiver: Waiver of any GRANTEE default is not a waiver of any
subsequent default. Waiver of a breach of any provision of this
agreement is not a waiver of any subsequent breach and will not
be construed as a modification of the terms of this agreement
unless stated as such in writing by the authorized
representative of the DEPARTMENT.
e. Subcontractor Compliance: The GRANTEE is responsible for
ensuring that any and all subcontractors comply with the terms
of this agreement.
f. Compliance With All Laws: The GRANTEE agrees to observe all
laws, regulations, and policies of the United States and the
State of Washington affecting performance under this agreement.
5
g. Identification of Project Materials: All reports, maps, and
other documents published as part of this grant, other than
documents which are exclusively for internal use within the
DEPARTMENT, shall carry a notation on the front cover or title
page (or in the case of maps, the block which contains the name
of the GOVERNMENT unit or the DEPARTMENT) which states that the
project was financially aided through a grant from the
Washington State Department of Natural Resources with funds
obtained from the USDA Forest Service.
h. Documents: The GRANTEE shall provide the DEPARTMENT with a
minimum of three (3) copies of all documents produced under the
terms of this grant unless otherwise specified in Appendix "A ".
i. Conflict of Interest: No officer, member, agent or employee of
either party exercising any function or responsibility in the
review, approval or carrying out of this agreement, shall
participate in any decision which affects his /her personal
interest or in the interest of any corporation, partnership or
association in which he /she is directly or indirectly
interested; nor shall he /she have any personal or pecuniary
interest, direct or indirect, in this agreement or the proceeds
thereof.
j. All Writings Contained Herein: This Memorandum of Agreement and
Appendices A and B contain the entire understanding between the
parties, and there are no other agreements, understandings or
representations set forth or incorporated by reference herein.
No subsequent modification(s) or amendment(s) of this agreement
shall be of any force or effect unless in writing, signed by
authorized representatives of the GRANTEE and the DEPARTMENT and
made a part of this original agreement.
k. Contract Officer: The Contract Officer for this grant is
Michael Perez - Gibson.
• 1. Project Coordinator: The GRANTEE hereby designates David
Flaherty as the Project Coordinator. The Project Coordinator
shall be responsible for the procedural obligations under this
grant in addition to his /her duty to coordinate the planning
effort hereunder. He /She shall cooperate with all parties
concerned in every way possible to promote successful completion
of the services described in Appendix "A ".
8. CONVERSIONS
The GRANTEE shall not, at any time, convert any equipment, property,
or facility acquired or developed pursuant to this grant to uses
other than those for which monies were originally allocated without
6
prior written approval of the Deputy Supervisor of Resource
Protection and Services of the DEPARTMENT. Such approval may be
conditioned upon payment to the DEPARTMENT of that proportion of the
proceeds of the sale, lease or other conversion or encumbrance which
monies granted pursuant to this grant bore to the original
acquisition, purchase, or construction cost.
IN WITNESS WHEREOF, the parties hereby execute this Memorandum of
Agreement:
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
(P6 m) / / 9 D
Arden Olson DATE Dick Zais DA E
Division Manager City Manager
Forest Regulation and Assistance City of Yakima
CO CT cO / 6'S ..
Approved as to Form _
City Clerk
J
By
Assistant Attorney"General
Date: ) (i — — L%
7
APPENDIX A
TITLE: Yakima Urban Tree Inventory
DESCRIPTION: The City of Yakima will conduct a tree inventory of all
existing city trees that are the responsibility of the Parks and Recreation
Division for the purpose of providing information to formulate a city Urban
Forestry Program Plan. The inventory would identify, count, and assess and
record information which shall include among other information, tree
species (common and scientific names), tree site and location, tree size
including diameter at 4.5' above the ground, and tree condition including
environmental considerations and recommendations for maintenance (eg.
pruning, hazard removal, monitor for disease). The area to be inventoried
will be include city parks, city streets and boulevards and property in the
city's downtown district. The project shall compile a list, tabulate and
summarize the data gathered for the benefit of management of the urban
forest. Three (3) copies of the final version of the inventory shall be
for the DNR.
EXPECTED OUTCOME: This project will provide a foundation for establishing
the City Urban Forestry Program. The Parks and Recreation Division will be
able to assess its maintenance needs and communicate its budgetary
requirements to the city council. The city tree committee, which is being
formed, will use the inventory to develop an urban forestry plan and
implementation strategy.
TASK: The tasks to be accomplished are:
1) organize and supervise volunteers and consultant;
2) survey city parks, street, boulevard and downtown district
for existing trees;
3) record descriptive information including the site and
location, tree species (common and scientific names), tree size
including diameter at 4.5' above the ground, and tree condition
including environmental considerations and recommendations for
maintenance (eg. pruning, hazard removal, monitor for disease);
and
4) compile, store and summarize the tree data into
understandable and usable format for management goals.
MATERIALS PRODUCED: The materials produced under this contract will be a
complete listing of individual trees and their characteristics recorded and
a management summary of the trees inventoried. Three (3) copies of the
inventory shall be made available to the DNR.
Yakima Urban Tree Inventory
Appendix A
Page 2
COSTS
Personnel $ 9,760
Transportation 200
Office & Supplies 100
Total Project $10,060
FUNDING SOURCES
Grant $ 5,000
City of Yakima 5,060
Total Sources' $10,060
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
L;L
• Item No.
For Meeting Of 12/11/90
ITEM TITLE: Resolution Authorizing Execution of a Memorandum of
Agreement Between City of Yakima and the Washington
State Department of Natural Resources for an Urban
Forestry Plan.
SUBMITTED BY: Jerry Copeland, Director of Public
David Flaherty, Parks and Recreation Managerp9—
CONTACT PERSON/TELEPHONE: David Flaherty, 575
SUMMARY EXPLANATION:
In July of this year the Parks and Recreation Division submitted a
proposal to DNR requesting funding for a comprehensive inventory
of City trees, which are located both in City parks and within
the City right-of-way along streets. The grant requested was
$5,000, which was to be equally matched by the City of Yakima.
Continued on Page 2
************************************************************************************
EXHIBITS
* *
Resolution Ordinance Contract Minutes Plan/Map
* *
Notification List XX Other (Specify) Exhibits A - C
* APPROVED FOR SUBMITTAL: `\.
C - MANAGER
************************************************************************************
STAFF RECOMMENDATION: Authorize City Manager to enter into an
agreement with Washington DNR.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution Adopted; Resolution NO. D-5850.
PARKS\PARKS.22
12.4.90
AGENDA STATEMENT - Page 2
Item No.
For Meeting of 12/11/90
The City's match of $5,000 consisted of in-kind contributions in
the form of staff support, office supplies and a City vehicle to
be used to conduct the inventory. The DNR funding of $5,000 was
to be used to hire a qualified individual to coordinate/conduct
the inventory. A copy of the Parks and Recreation proposal is
attached for review (Exhibit A).
We have just receiveed notice that our request for funding has
been approved by DNR. Attached (Exhibit B) is a letter verifying
that approval.
Attached (Exhibit C) is the Memorandum of Agreement that requires
the signature of the City Manager.
PARKS\PARKS.22
12.4.90