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HomeMy WebLinkAbout14-118 - WA State Department of Natural Resources - Memorandum of Understanding (Urban Center Tree Inventory)MEW WASHINGTON STATE DEPARTMENTOF Natural Resources PETER GOLDMARK - Commissioner of Public Lands MEMORANDUM OF UNDERSTANDING MOU # 14- 46/K244 14 -118 Council Approval N/A This Memorandum of Understanding (MOU) is between the Urban Forestry Program, Resource Protection Division of the Department of Natural Resources, 1111 Washington Street SE, Olympia, WA 98504, referred to as DNR, and the Tukwila Dept of Community Development, referred to as the Tukwila Dept of Community Development. The purpose of the MOU is to define the roles of DNR and the Tukwila Dept of Community Development to complete a public tree inventory project within City jurisdictional boundaries. We agree to the provisions and statements outlined below. 1.01 Definitions : Department of Natural Resources - an agency of the State of Washington. Memorandum of Understanding - DNR enters into memoranda of understanding, in good faith, with public agencies to collaborate on and/or coordinate programs, and to define institutional linkages along broad areas of concern. Memoranda of understanding are not legal contracts and do not strictly obligate the resources of the Department. Tree Inventory - a record of location, species composition, and physical condition of trees that informs management goals and objectives. Community Forestry Consultants - professional tree inventory specialist contracted with DNR. City or organization - public agency that will receive tree inventory 2.01 Objectives. • Provide an accurate record of the structure and condition of the tree resource to inform management plans, and budgets. • Identify management priorities and create a plan of work to address priorities in order to provide maximum public benefits from a safe, healthy tree canopy. 1 of 8 Agreement No. MOU # 14- 46/K244 • Quantify the value of the public tree resource. • Identify potential planting sites. 3.01 Work Activity: The tree inventory will be conducted by Community Forestry Consultants contracted through an agreement with DNR. Although the major scope of work will be accomplished by the Contractor, the Tukwila Dept of Community Development staff will meet with DNR and the Contractor for a pre - project meeting to discuss the scope of work and data deliverables. Based on the final summary report, the Tukwila Dept of Community Development staff will provide DNR with a written proposed course of action toward managing the tree resource. 4.01 Functions/Roles /Tasks of Agencies/Parties: DNR shall: • Provide the services of a professional certified arborist for public tree inventory. • Provide an inventory project summary report that includes field observations, general maintenance and management recommendations. • Provide technical assistance toward Tukwila Dept of Community Development maintenance and management plans. • Provide technical assistance toward achieving the Tree City USA designation or Tree City USA Growth Award, if applicable. The Tukwila Dept of Community Development shall: • Acknowledge submitted application, which includes the contact person, why the community would like a tree inventory, and how Tukwila Dept of Community Development proposes to use the information and reports, as Attachment A to this MOU. • Dedicate staff resources for a pre - inventory meeting with contractors and DNR, and support the inventory effort by providing city- specific information to the contractor. • Commit staff resources to provide a written proposed course of action to manage the tree resource within one year of delivery of data. Technical assistance will be provided if needed. 2 of 8 Agreement No. MOU # 14- 46/K244 • Respond to a brief follow -up phone interview or survey with UCF to gauge progress toward management and maintenance goals set by Tukwila Dept of Community Development through the written proposed course of action. 5.01 Terms and Conditions (1) Effective Dates. This MOU is effective upon final execution by both parties and will end on December 31, 2015, unless terminated sooner as provided herein. (2) Amendments. This MOU shall be amended only by written mutual consent of the parties. (3) Termination. Either party may terminate this MOU by notifying the other party, at the addresses given, of the termination and specifying the termination date. The terminating party shall deliver the notice at least 15 days prior to the termination date. (4) Printed Materials All printed materials, signs, and other products including websites resulting from this grant must be reviewed by DNR prior to publishing. USDA Forest Service support shall be acknowledged in all publications or audiovisuals in accordance with 7 CRF 3015, Subpart 4, 3015.200. All projects must include an acknowledgement of funding sources, which may be recognized as follows: "Funds for this project were provided by the USDA Forest Service Urban and Community Forestry Program, administered through the State of Washington Department of Natural Resources Urban and Community Forestry Program." Appropriate agency logos may be used in addition to the above statement, and are supplied to successful applicants. Logos may also be found on the DNR UCF grant resources webpage at: http: / /www.dnr.wa.gov/ ResearchScience /Topics/UrbanForestry/Pages /rp urban grant re sources.aspx • USDA Equal Opportunity statement must be included in all publications: "The USDA is an equal opportunity provider and employer." See additional Federal terms and conditions in Attachment B. 3 of 8 Agreement No. MOU # 14- 46/K244 6.01 Project Coordinators. (1) The Project Coordinator for the Tukwila Dept of Community Development is • Carol Lumb, 206 - 431 -3661. (2) The Project Manager for the DNR is Urban & Community Forestry program manager, Linden Lampman, 360- 902 -1703. ILA Dated: *ri 0 , 2014 By+Y�i� Dated; 6' , 2014 Title: Address: Phone: bzoO Soo- i- hcen -4c_r- Iu44 I , w a 9 E> I z- 06- (- 133 -1 ?oc--. STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES By: 4/bci74 /CaCCe/ Title: ,vi s%Oh Manatee- /11/ L✓CcsLiitf�rl Sfi S'' Address: ©irni tC(,, 2 a7 V 7 "37 4 of 8 Agreement No. MOU # 14- 46/K244 Attachment A CITY OF TUKWILA PROPOSAL FOR COMMUNITY FORESTRY TREE INVENTORY GRANT February 28, 2014 1. Applicant Information (see Application Form for complete information) Project Name and Location: Urban Center Street Tree Inventory Applicant: City of Tukwila, Department of Community Development 2. Overall Project 2.1 Statement of Commitment Community /Jurisdiction Interest: The City of Tukwila is interested in performing a tree inventory as a next step in improving management of public trees. An inventory of public trees is one of the City's new urban forestry Comprehensive Plan policies adopted in 2013. The City is renewing its commitment to improving the management of its urban forest for its many benefits to the environment, quality of life and economy. This renewed commitment began with sending two staff members to the Community Tree Management Institute program in 2012. Also in 2012, the City prepared a baseline urban tree canopy study with the assistance of a grant from DNR and began an update to the natural environment chapter of its Comprehensive Plan to incorporate new goals and policies for urban forestry. The new goals and policies (appended to this proposal) were approved by the City Council in 2013. The goals of the plan are to ensure that: the community and decision - makers recognize the benefits of trees; the City improves tree retention and increases overall canopy coverage; and the urban forest is managed to ensure it is healthy, diverse and safe. The goals and policies form the beginnings of an urban forestry management plan and trigger several actions to be implemented, including: conducting tree inventories, finding ways to increase tree canopy throughout the City to meet newly established canopy goals; revising the City's tree protection, street tree and landscape codes; development of new public education programs; and training for City personnel in proper tree protection and care. The Comprehensive Plan's urban forestry goals and policies update was assisted by a Tree and Environment Advisory Committee comprised of community members and representatives of local businesses, along with an internal task force (made up of representatives of Fire, Police, Parks and Recreation, Street Maintenance and the Public Works Surface Water program). SW W: / /Long Range Projects /Urban Forestry/DNR Grants 2014/ Tree Inventory Grant Page 1 City of Tukwila Urban Center Street Tree Inventory As further indication of its commitment to urban forestry, the City is also planning to budget both for an urban forester /municipal arborist staff or contract position in the 2015/2016 budget cycle, as well as continuing the tree inventory to include all areas of the City. The urban forester position will be shared among the Departments of Community Development, Public Works and Parks, and will be responsible for carrying out the urban forestry goals and policies, especially the development of a detailed urban forestry management plan, as well as providing day to day tree management expertise and education. • How Tukwila will Use the Inventory Results: As explained in Section 2.4 (Impacts) the inventory results will primarily be used as a baseline for development of a street tree plan, and a tree maintenance plan and budget. • Number of Trees and Planting Spaces on which Data will be Collected: Trees in the public right -of -way in Tukwila's designated urban center will be inventoried in this project. The City estimates that the entire urban center is 1,000 acres and that there are approximately 1,300 to 1,500 street trees over about 41,000 linear feet of right - of -way in planting strips adjacent to streets, behind sidewalks or in sidewalk pits. Trees are generally 20 to 30 feet apart. 2.2 Planning • Purpose of the Inventory: The purpose of the inventory is to identify, evaluate and map trees in the public right -of -way in Tukwila's Urban Center (see appended aerial photo) • Objectives of the Inventory: The immediate objectives of the inventory are to: provide a database and mapping for a baseline tree inventory in the urban center that will: identify genus and species, estimate diameter and height, describe setting and planting area conditions, evaluate tree health, identify and prioritize maintenance needs, estimate tree value, and estimate current canopy coverage (to set a baseline for newly adopted right -of -way and urban center tree canopy goals). The long -term objective is that the survey will provide a model from which the City can carry out future inventories for public trees in other areas of the City. • Need for the Inventory: Tukwila does not have an inventory of any of the trees in public rights -of -way, nor does it have an approved street tree list or current tree management plan for any of the areas of the City. The inventory will provide a tool for Tukwila to: improve tree maintenance; ensure tree protection during development; set goals for diversity of genus and species; provide a baseline from SW W: / /Long Range Projects /Urban Forestry/DNR 2014 Grants /Tree Inventory Grant Page 2 City of Tukwila Urban Center Street Tree Inventory which to develop street tree plans or approved tree lists and ultimately, prepare a tree maintenance plan. There has been no systematic assessment of public tree health in the City and there is no written or comprehensive maintenance plan for public trees. Due to budget limitations, public tree maintenance is currently done largely on an ad -hoc or reactive basis, principally for hazard control. There is no established pruning program to guide the growth of young trees to foster good tree health or prevent future hazards or to assess tree diseases or insect infestations. Data collected during the inventory will be valuable in identifying maintenance needs and in prioritizing maintenance actions, as well as in developing a written maintenance plan and making the case for sufficient budget. Casual observations of the trees in the urban center indicate an overuse of some genus and species and heavy use of trees with columnar growth habits. Some tree species are not performing well, and the inventory will help to pinpoint potential site conditions that hinder tree health, as well as providing baseline information on genus and species so that diversity targets can be set. Due to the lack of an inventory, information is not readily available for plan reviewers to easily determine if street /public trees are present at a site or would be impacted by proposed development or re- development, to determine tree health in deciding whether to require tree retention, or to ensure that there is sufficient diversity of tree species in the area. 2.3 Support • Staff Resources: Staff support for the grant execution will include: grant management, coordination with the consultant, and internal coordination with involved City staff; provision of aerial photographs and GIS layers and other data; receipt and review of tree maps; review of the final product; and coordination of logistics and access. Staff involved will include: Senior Planner (grant manager), Environmental Specialist, Associate Planner /GIS Manager, Publics Works GIS Manager and the Superintendent of Street Maintenance. • Aerial Imagery: Aerial photos will be made available for the inventory. Tukwila recently updated its aerial imagery and the data are available at 3 pixels (3 inches). • Local Support Tukwila has many community members that support improving urban forestry management. Letters of support for this project are appended to this grant application. SW W: / /Long Range Projects /Urban Forestry /DNR 2014 Grants/Tree Inventory Grant Page 3 City of Tukwila -� Urban Center Street Tree Inventory 2.4 Impacts • Inventory Need and Benefits. Tukwila is in the process of developing a new urban center plan and regulations to guide future development and redevelopment. New requirements are being incorporated into the regulations to improve the likelihood of street tree (and parking lot tree) health and success, as well as to promote the planting of large and medium canopy trees, where possible. One of the goals of the new plan will be to develop a street tree plan with approved tree species suited to the available planting areas and site conditions. This tree inventory will be a first step in being able to develop the plan. In addition, the inventory will be key in developing a tree maintenance plan and budget. Use, Updating and Maintenance of Inventory Over Time. The City's GIS support staff will have primary responsibility for updating the GIS maps and incorporating new tree information into the maps (new trees, replaced trees, etc.). Changes in street trees through planting, removal, maintenance status, etc., will be tracked by the Street Superintendent and Public Works Engineers /Inspectors (using as -built drawings when new street trees are installed) and this information will be provided to the GIS support staff on a periodic basis for updating the GIS system. Future City budgets will include funding to continue the inventory work and ultimately prepare an urban forestry management plan. • Activities to Follow from Inventory Results: The City will use the results of the inventory in order to carry out additional activities as listed below and as identified in the urban forestry section of the Comprehensive Plan: a. Develop a maintenance and monitoring plan for public trees, which includes priorities, responsibilities, budget, and training needs; b. Develop a street tree plan for the urban center that will include: identification of areas where trees can be planted, provision of standards for new development or street /sidewalk renovation, establish species and genus diversity goals, and provide clarity on maintenance responsibilities; c. Establish the value of public trees to provide a tool to bolster tree protection requirements during construction, educate the public about the benefits of trees, and strengthen enforcement when trees are removed or intentionally damaged. d. Incorporate the data into the City's GIS maps, so that planners, engineers, maintenance crews and the public can easily see the locations and species of trees and identify where trees have been removed; e. Plan for carrying out additional tree inventories so that , based on the model provided by the inventory funded by this grant; SW W: / /Long Range Projects /Urban Forestry/DNR 2014 Grants /Tree Inventory Grant Page 4 City of Tukwila Urban Center Street Tree Inventory f. Management of the inventory data and ensuring that the data will be useful to a wide audience (planners, engineers, inspectors, maintenance crews, and the public). The data will be incorporated into the City's current GIS system which will include tree locations, with drop down boxes showing the tree attributes collected during the inventory. In this way the data will be available to anyone viewing City GIS maps, and the data base can be searched for different purposes (for example to produce a list and location of all trees with high priority maintenance needs, or a list and locations of all trees of a certain species, etc.). g. Provide mechanisms for monitoring changes to tree canopy through tree removal and replacement 3. Cost Sharing Tukwila will contribute approximately 240 hours of staff time to the management of the tree inventory at a value of $12,810 in support of the grant. 4. In -Kind Share No in -kind contributions from volunteers are anticipated for this grant. SW W: / /Long Range Projects /Urban Forestry /DNR 2014 Grants /Tree Inventory Grant Page 5 Attachment B MINIMUM FEDERAL PROVISIONS The Sub - recipient shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this agreement. "Sub- recipient" means the agency, firm, provider, organization, individual, or other entity performing services under this Agreement and shall include all employees of the Sub - recipient. The following list identifies specific federal provisions that may apply to the Sub - recipient under this Agreement but does not identify all such provisions. 1. Cost Principles. By accepting Federal assistance, the Sub - recipient agrees to abide by the applicable Office of Management and Budget (OMB) Circulars in in the expenditure of federal funds and performance under this program. Below are the applicable Circulars. OMB Circular A -87 — Cost Principles for State, Local and Indian Tribal Governments (2 Code of Federal Regulations (CFR) part 225). OMB Circular A -122 — Cost Principles for Non - Profit Organizations (2 CFR part 230). 2. Administrative Requirements. OMB Circular A -102 — Grants and Cooperative Agreements with State and Local Governments (7 CFR 3015, 7 CFR 3016, 2 CFR 225) OMB Circular A -110 — Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations (2 CFR part 215). 3. Audit Requirements. OMB Circular A -133 — Audits of States, Local Governments, and Non - Profit Organizations. Only non - federal entities that expend $500,000 or more federal awards in a year are required to obtain an annual audit in accordance with the Single Audit Act Amendments of 1996, as amended, OMB Circular A -133. Sub — recipients expending less than $500,000 in a year are exempt from federal audit requirements but must make records available for review or audit by federal agencies or DNR (7 CFR part 3025). 4. Executive Compensation. Sub - recipients must report the names and total compensation of each of the Sub - recipient's five most highly compensated executives for the Sub - recipient's preceding completed fiscal year to DNR by the end of the month following the month of the effective date of this Agreement, if: In the Sub - recipient's preceding fiscal year, the Sub - recipient received- 5 of 8 Agreement No. MOU # 14- 46/K244 i.) 80 percent of more of its annual gross revenues from Federal procurement contracts (and sub - contracts) and federal financial assistance subject to the Transparency Act, as defined a 2 CFR § 170.320 (and sub - awards); and ii.) $25,000,000 or more in annual gross revenues from federal procurement contracts (and sub - contracts) and federal financial assistance subject to the Transparency Act, (and sub - awards); and iii.) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a) 78o(d)) or section 6104 of the Internal Revenue Code of 1986. 5. Trafficking in Persons. The following prohibition statement applies to Sub - recipient, and all Sub - awardees of the Sub - recipient. Sub - recipient must include this statement in all sub- awards made to any private entity under this agreement. YOU AS THE SUB - RECIPIENT, YOUR EMPLOYEES, SUB - AWARDEES UNDER THIS AWARD, AND SUB - AWARDEES' EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIME THAT THE AGREEMENT IS IN EFFECT; PROCURE A COMMERCIAL SEX ACT DURING THE PERIOD OF TIME THAT THE AGREEMENT IS IN EFFECT; OR USE FORCED LABOR IN THE PERFORMANCE OF THE AGREEMENT OR THE SUB - AWARDS UNDER THIS AGREEMENT. SUB - RECIPIENT MUST INCLUDE THE ABOVE REQUIREMENTS IN ANY SUB -AWARD UNDER THIS AGREEMENT. 6. Eligible Workers. Sub - recipient shall ensure that all employees complete the I -9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC § 1324a). Sub - recipient shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any sub -award under this agreement. 7. DUNS and CCR Requirements. Unless otherwise exempted from this requirement under 2 C.F.R § 25.110, Sub - recipient must maintain the currency of its information in the Central Contractor Registration (CCR) until submission of its final financial report required under this Agreement or Sub - recipient receives final payment, whichever is later. Sub - recipient may not make a sub -award to any entity unless the entity has provided its Dun and Bradstreet Data Universal Numbering System (DUNS) number to Sub - recipient. A DUNS number may be obtained from D &B by telephone (currently 866- 705 -5711) or the Internet (currently at http: / /fedgov.dnb.com/webform ). 8. Debarment and Suspension. Sub - recipient certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or agency. Sub - recipient shall immediately inform the 6 of 8 Agreement No. MOU # 14- 46/K244 Federal funding agency and DNR if they or any of its principals become excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180. Additionally, should Sub - recipient or any of its principles receive a transmittal letter or other official federal notice of debarment or suspension they shall notify the Federal funding agency and DNR without undue delay. This applies whether the exclusion, debarment or suspension is voluntary or involuntary. Sub - recipients are prohibited from contracting with or making sub - awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. "Covered transactions" include those procurement contracts for goods and services awarded under a non - procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000 or meet certain other specified criteria. 2 C.F.R. § 180.220 of the government -wide non - procurement debarment and suspension guidance contains those additional circumstances. All non - procurement transactions (i.e., sub- awards), irrespective of award amount, are considered covered transactions. When a Sub - recipient enters into a covered transaction with an entity at a lower tier, the Sub - recipient must verify that the entity is not suspended or debarred or otherwise excluded. This verification may be accomplished by checking the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA), collecting a certification from the entity, or adding a clause or condition to the covered transaction with that entity (2 C.F.R. § 180.300) 9. Drug -Free Workplace. Sub - recipient agrees to make a good faith effort, on a continuing basis, to maintain a drug -free workplace as a condition for receiving this sub - award. Sub - recipient shall: a) Publish a drug -free workplace statement and establish a drug -free awareness program for its employees; and b) Take actions concerning employees who are convicted of violating drug statues in the workplace. Sub - recipient shall identify all known workplaces under this. Agreement and keep this information on file during the performance of this agreement. 10. Non - Discrimination. During the performance of activities under this Agreement, the Sub - recipient shall comply with all federal and state non - discrimination laws, regulation and policies. In the event of the Sub - recipient's non - compliance or refusal to comply with any non - discrimination law, regulation or policy, this Agreement may be rescinded, cancelled or 7 of 8 Agreement No. MOU # 14- 46/K244 terminated in whole or in part, and the Sub - recipient may be declared ineligible for further agreements with DNR. In accordance with Federal law and U.S. Department of Agriculture/Department of Interior policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. USDA — To file a complaint of discrimination write USDA, Director, Office of Civil Rights, Room 326 -W, Whitten Building, 1400 Independence Avenue SW, Washington, D.C. 20250 -9410 or call (202) 720 -5964. DOI — The formal complaint should be filed by you or your representative, using Department of the Interior Form DI -1892, with the Bureau or Office EEO Officer where the alleged discriminatory incident occurred or with the Director, Office for Equal Opportunity, 1849 C Street N.W., MS -1442 MIB, Washington, D.C. 20240. The DI- 1892 form may be obtained from the EEO Counselor or the Bureau EO Office. If you are filing a complaint against another agency go to http : / /www.hhs.gov /ocr /civilrights /complaints /index.html, for more information. 10. Lobbying. Sub - recipient shall not use funds from this Agreement to pay any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any federal contract; the making of any federal grant; the making of any federal loan; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, the Sub - recipient shall complete and submit Standard Form -LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. Sub - recipient shall include the above language in documents for all sub - awards under this Agreement at all tiers. Note: For further information related to federal requirements that may apply to Sub - recipient . under this Agreement, go to: http: / /www.whitehouse.gov /omb /grants 8 of 8 Agreement No. MOU # 14- 46/K244