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HomeMy WebLinkAboutPK14-168 - Original - WA State Dept of Natural Resources - MOU: Urban Forestry Public Tree Inventory - 06/20/2014 Records M erne KENT Document WA9XNOTON ' CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: WA Dept of Natural Resources (DNR) Vendor Number: 59439 JD Edwards Number Contract Number: PK s 106 This is assigned by City Clerk's Office Project Name: Urban Forestry Public Tree Inventory MOU Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 6/16/2014 Termination Date: 12/31/2015 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Victoria Andrews Department: Parks Planning & Dev. Detail: (i.e. address, location, parcel number, tax id, etc.): In-kind contribution of contractor to conduct City tree inventory, no monies exchanged; Quientin Poll, Parks Ops contact Division Contract #PPD14-14 S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 �7Z,�-,ceivod bYa Resource Protection WASHINGTON STATE DEPARTMENTOF Natural Resources . PETER GOI.OMARK- 0cmmealoner of Public Lams MEMORANDUM OF UNDERSTANDING MOU# 14-44/K244 This Memorandum of Understanding (MOU) is between the Urban Forestry Program, Resource Protection Division of the Department of Natural Resources, I I I I Washington Street SE, Olympia, WA 98504, referred to as DNR, and the Kent Parks, Recreation &'Community Services, referred to as the Kent Parks, Recreation & Community Services. The purpose of the MOU is to define the roles of DNR and the Kent Parks, Recreation & Com arunity Services 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. I of 8 Agreement No.MOU#14-44/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 Kent Parks, Recreation & Community Services 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 Kent Parks, Recreation &Community Services staff will provide DNR with a written proposed course of action toward managing the tree resource. 4.01 Functions/Rules/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 Kent Parks, Recreation & Community Services maintenance and management plans. • Provide technical assistance toward achieving the Tree City USA designation or Tree City USA Growth Award, if applicable. The Kent Parks, Recreation & Community Services shall: • Acknowledge submitted application, which includes the contact person, why the community would like a tree inventory, and how Kent Parks, Recreation &Community Services 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#14-44/K244 • Respond to a brief follow-up phone interview or survey with UCF to gauge progress toward management and maintenance goals set by Kent Parks, Recreation& Community Services through the written proposed course of action. 5.01 Terms and Conditions (1) )affective 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: httn://www.dnr.wa.gov/RetiearcItScience/Topics/LhfianFore,,try/Pa_*eslrp 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#14-44/K244 ICI 6.01 Project Coordinators. (1) The Project Coordinator for the Kent Parks, Recreation & Community Services is Victoria Andrews, 253-856-5113. (2) The Project Manager for the DNR is Urban & Community Forestry program manager, Linden Lampman, 360-902-1703. Kent Parks, Recreation &Community Services Dated: � , 2014 By: Title: T "� k7 Address Phone: ��•` _ "' J7 i STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES -;7 2,1 < iJ Dated: 2014 By: `3- Title: E / /f°I�G/rO r4 .,'v"�Sla"fl ( (yam yf Address: ,,, , s,•i f 4 of 8 Agcement No.MOti# 14-44/K244 Attachment A SECTION 5 — PROPOSAL EVALUATION 5.1.2 Overall Project 1. Statement of Commitment The city is committed to undertaking a tree management plan for our public spaces. The information gathered through this effort will extend our arborists' capacity to make our existing tree management work more efficient and effective. In conjunction with our initial street tree inventory, funded by DNR in 2012, the city purchased Davey's Tree Keeper software and Park Operations staff were trained on how to use it. Inventorying the trees in our parks will provide substantive information about the health of these public assets well beyond the assessment conducted in 2010 by International Forestry Consultants for the Green Kent Partnership 20-year Park & Natural Area Management Plan. We are well into our fourth year of field restoration work. We are documenting the species of trees planted by date in GIS, and these layers will eventually be added to the GIS database. In the past three years, volunteers and staff have planted and are now maintaining over 27,000 native plants, predominately groundcover and shrubs, but also 1,537 new park trees. Given our previous inventory experience; we estimate that the contractor hired will be able to inventory approximately 2,000 trees. The city's lead arborist has identified the following parks, athletic complexes and other public spaces as his top priority. Though the the entire list may not be completed within the allotted contract period, the contractor should inventory in the order listed below: First Tier Parks (all downtown): Kiabara Park Kherson Park Burlington Green Rosebed Park Titus Railroad Park Kiwanis Tot Lots # 1, 2, 3 & 4 Athletic Complexes (2 downtown, 2 East Hill area): Kent Memorial Park Russell Road Park Service Club Ballfields Wilson Playfields Other public spaces (downtown): Kent Historical Museum Neely-Soames Historic Homestead Willis Street Greenbelt Second Tier Parks: Van Doren's Landing Park (West Valley area) Turnkey Park* (East Hill area) Morrill Meadows Park* (East Hill) Clark Lake Park * (East Hill) Campus Park * (between downtown and East Hill) West Fenwick Park* (West Hill area) Three Friends Fishing Hole (along Green River Trail) Briscoe Park (along Green River Trail) Glenn Nelson Park* (West Hill) *urban forestry plans completed 2. planning The 2012 inventory performed by Davey enabled us to inventory all the street trees in the downtown core and major arterials. They are managed by our Parks Operations division and city arborists. We will divide the rest of the city's streets into manageable sections to systematically inventory those street trees. However, in preparation for that, we will need to identify resources to research and exclude trees that are on privately owned property, as an unknown number of them are. Our objective for this grant is to inventory the trees in as many of our parks, athletic complexes and other public spaces as possible, beginning with those that have minimal trees in our urban core (some as few as three), moving next to those that were planted within the past 10 years and have pruning needs, and ending with our forested parks. Urban forestry plans were done at five forested parks with the help of grants over the past 10 years. If.the contract enables us to include them this year, the inventory will allow us to compare those analyses with the data as it is entered into our software. However, the old-growth trees in these parks are not scheduled for pruning or other attention by arborists unless damaged in storms. The City Council authorized the Green Kent Partnership 20-year Management Plan, and a GIS-based tree inventory is needed because the plan is a broad-brush assessment of our forested parks and other natural areas. It lacks details about the size or health of specific trees that our arborists need to prioritize their workload and maintain the health of these public assets. 3. Support The city currently has four arborists, with a fifth to be added in this hiring cycle'. Other Park Operations staff have also been trained in the use of the Tree Keeper software. Another Parks staff member enters data into GIS after volunteers have planted cleared areas. PPD staff can provide aerials of all the parks that will be inventoried as well as examples of the data that we are tracking, City staff from GIS and Parks will work with the contractor to integrate field data from the tree inventory into our GIS system. 4. Impacts As lead arborist Quientin Poil indicates in his letter of support, the City of Kent started its urban forestry program in 1999. Our goal was to complete one urban forestry plan each year utilizing grant funds to hire experienced forestry consultants. Our arborists have removed dangerous and dying trees to ensure public safety, but we recognize that in order to do more than crisis management, a GIS-based inventory and strategic plan is essential. The city is committed to budgeting for continued staff training and software updates. We have diversified the species we plant in our parks as a result of what we learned from our original street tree inventory. Inspection cycles, crown cleaning and other routine items were incorporated into annual staff schedules so that tree health could be tracked on GIS. Park staff will be prepared to manage park trees in the same way with the additional inventory. S. In-kind Share The city will provide office space, computer equipment and a landline phone for the contractor if requested. 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 teens 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 federat 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. Ili the Sub-recipient's preceding fiscal year, the Sub-recipient received- 5 of 8 Agreement No.MOU#14-44/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 SLB-RECIPIENT,YOUR EMPLOYEES,SUB-AWARDEES UNDER THIS AWARD,AND SLB- AWARDEES'EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THF,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 htlp://fed2oov.dnb.com/u=ebform). 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 infonn the 6 Of 8 Agreement No.MOU# 14-44/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#14-44/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, 1400Independence 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 Dl- 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 httl)://www.htis.ffov/ocr/civilrights/complaits/i nndex.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: lsttL)://www.whitehouse.gov/ornb/grants 8 of 8 Agreement No.MOU# 14-44/K244