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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