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HomeMy WebLinkAbout25H - MEMORANDUM URBAN FOREST COUNCILREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2020 TITLE APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA URBAN FORESTS COUNCIL AND WEST COAST ARBORISTS, INC., FOR STREET TREE PLANTING SERVICES {STRATEGIC PLAN NOS. 6, 1 B & 1 F} /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For ,K•�►nl►tr».ic•� FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to execute a Memorandum of Understanding with the California Urban Forests Council and West Coast Arborists, Inc., to plant trees, from February 2020 through March 2022, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The State of California Department of Forestry and Fire Protection awarded an Urban Tree Replacement Program Grant to the California Urban Forest Council (CUFC) with their partner being West Coast Arborists, Inc. (WCA). The grant provides funding for the removal of one tree and stump to be performed by West Coast Arborists for every two trees the City agrees to plant, equaling a 2-to-1 planting to removal ratio. By removing trees that have reached their natural lifespan, have been infected with pests, and/or stricken with health issues due to the record drought, the program will improve the urban forest streetscape and reduce the risk of property damage and safety concerns to the community. Over the three-year term of the Memorandum of Understanding, the City of Santa Ana will provide to West Coast Arborists a list of 150 trees that have reached their life expectancy, have health issues, are dead, and/or pose a potential safety risk. West Coast Arborists will perform the tree removals at no cost to the City. In exchange, the City will plant 300 trees during that three-year period. Funds for the tree planting will be budgeted at $50,000 annually for Fiscal Years 2020-21 and 2021-22, for a total City obligation of $100,000. A component of the grant is to complete community engagement by having an educational campaign focusing on "Why Are We Removing Trees." The campaign will provide public materials on benefits of trees, how urban forests are being threatened, why and under what criteria trees are removed, and what the public can do to advocate for a vibrant and healthy urban forest. The grant partners will utilize a variety of outreach methods, such as City newsletters, City and community group social media, neighborhood meetings, and participation in the City's annual Arbor Day Event. 25H-1 MOU with California Urban Forests Council and West Coast Arborists, Inc. January 21, 2020 The grant partnership was presented to the City's Environmental & Transportation Advisory Committee on December 10, 2019, and they were supportive of the project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users), and Strategy F (perform periodic measurements to monitor and update each asset's condition and ensure adequate funding for repair and/or replacement costs in future budgets). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for the required tree plantings will be budgeted and made available in the account and fiscal years specified below: Fiscal Year Accounting Unit- Fund Accounting Unit, Description Amount Account# Description Public Works -Street Trees, FY 2020-21 01117643-62321 General Fund Maintenance & Repair $50,000 Improvement Public Works -Street Trees, FY 2021-22 01117643-62321 General Fund Maintenance & Repair $50,000 Improvement $100,000 19>U060:119LF_a110112111011by901I NNOW6111►1�91 Nabil Saba, PE Kathryn Downs, CPA Acting Executive Director Executive Director Public Works Finance and Management Services Agency NS/PG Exhibit: 1. Memorandum of Understanding with California Urban Forests Council and West Coast Arborists, Inc. 25H-2 EXHIBIT 1 Memorandum of Understanding City Forest Renewal Project — Partner in Participation Memorandum of Understanding The following Memorandum of Understanding ("MOU") is entered into on January 21, 2020 by and among West Coast Arborists, Inc. (WCA, Inc.), the California Urban Forests Council ("CaUFC") and the City of Santa Ana, in reference to the City Forest Renewal (CFR) project and project deliverables being conducted by the CaUFC under the terns and conditions of Grant Agreement No. 8GB18413 between the State of California Department of Forestry and Fire Protection ("CAL FIRE") and CaUFC. Interested Parties The California Urban Forests Council, West Coast Arborists, Inc. and the City of Santa Ana agree to work cooperatively on the City Forest Renewal (CFR) project and the associated deliverables to honor CaUFC's Grant Agreement with CAL FIRE. West Coast Arborists, Inc. has been separately contracted by CaUFC for completion of the CFR project and is responsible for program management, tree removal activities and tree planting activities. For purposes of this MOU, there are three major contributors to this process: Nancy Hughes representing CaUFC, David Pineda representing WCA, Inc., and the Executive Director of the Santa Ana Public Works Agency or his or her designee, representing the City of Santa Ana. For reference purposes, these individuals shall be referred to as the "Parties." The CFR Team consists of California Urban Forests Council (CaUFC), West Coast Arborists Inc. (WCA, Inc.), and Western Chapter International Society of Arboriculture (WCISA). Duties and Responsibilities CaUFC, WCA Inc., and the City of Santa Ana pledge to work together in a spirit of cooperation to complete the work described herein. All Parties shall comply with all relevant laws and regulations regarding documentation, reporting, use, etc. of any state funds in accordance with applicable state law and furnish administrative assistance services including but not limited to: 1. Adherence to the approved scope of work, below, and set out in the assigned project. 2. Retention of all records for three (3) years after the end of the contract tetra. This requirement applies to fiscal records, reports and client information. Additionally, the City of Santa Ana agrees to make all records relating to the contract available upon request by CaUFC. Decision Makine Decisions will be made by consensus of all Parties when there are proposed changes to the scope of work. Decision -making will be done jointly and in a spirit of cooperation. All decisions that are proposed and/or change the scope of work (verbal, written, or implied) must be agreed upon and authorized in writing by all Parties prior to commencing with the additional work. Otherwise, work can proceed as agreed upon for each party in the scope of work. 25H-3 Termination In no event will this MOU be terminated with less than 30 days written notice to the other party. Any party may terminate this MOU at any time, with or without cause, by giving the other parties thirty (30) days written notice to terminate. This MOU supersedes all previous agreements pertaining to the subject -matter of this MOU whether such previous agreement was written or oral. Upon notification that this MOU has been terminated, the City of Santa Ana shall immediately stop all work under this MOU on the date and to the extent specified in the written Notice of Termination. In the event that Grant Agreement No. 8GB 18413 between CAL FIRE and CaUFC is terminated, this MOU shall automatically terminate without any further action. Scole of Work The scope of work for the CFR project is set forth as follows, subject to change based on the partner agency's desired project outcomes. • CaUFC will award the City of Santa Ana with approximately 100-150 tree removals at no cost to the City, per grant funding and removal criteria. The exact quantity will be determined upon evaluation of trees to be removed. • The City of Santa Ana will provide the locations for 100-150 number of trees requested to be removed with the knowledge that West Coast Arborists, Inc. will make the final decision on which trees will be removed. • WCA, Inc. will evaluate each tree site provided by the City for removal. WCA, Inc. will take photos of each tree and provide a written recommendation for all trees qualified for removal. • All trees removed and replanted will adhere to ANSI 60.1 standards. o The City of Santa Ana understands that the grant does not cover the cost of amended soil or turf replacement. o The City of Santa Ana understands that where feasible, WCA, Inc. will repurpose wood for greater use. • At its sole cost, the City of Santa Ana will plant two times the number of trees removed under the City Forest Renewal (CFR) by October 311, 2021. The trees planted must adhere to CAL FIRE'S grant guidelines and must be of the species agreed upon with West Coast Arborists, Inc. • The City of Santa Ana will commit to watering newly planted trees as soon as they are installed and at least weekly, 15 gallons each site each watering, to ensure the tree's establishment. • Post establishment, the City of Santa Ana will add newly planted trees to their maintenance plans for the trees' lifetime. • The City of Santa Ana will provide the GPS location of each tree that is not planted by West Coast Arborists, Inc. for reporting purposes. • Should GPS locations not be readily available, the City may contract site collection through their current contract with WCA, Inc. or other means to obtain this data; separate of grant funding. • The City of Santa Ana will add these trees to their current watering and maintenance plans for the trees' lifetime. 25H-4 • The City of Santa Ana will provide WCA, Inc. with their current tree maintenance, municipal codes, policies, etc. that pertain to current plans of tree care for analysis. • The City of Santa Ana will adapt or modify policy to represent the California Joint Powers Insurance Authority's (JPIA) Tree Inspection and Maintenance Policy recommendation, where applicable. • The City of Santa Ana agrees to provide a facility suitable for a workshop. • The City of Santa Ana agrees to help CaUFC and WCA, Inc. share educational materials on healthy urban forests, where applicable. This includes but is not limited to City: publications, events, and media. • The City of Santa Ana agrees to host a tree planting event or Arbor Day in the spirit of this grant. A portion of the trees must be planted at this event. • At the grant end, WCA, Inc. will request GPS locations and species for newly planted trees from the City of Santa Ana. Should a match tree fail within the grant period, the City of Santa Ana is responsible for accounting for the total, twice the amount of removed trees in March of 2022. Timeline Pursuant to Grant Agreement No. 8GB18413 between CAL FIRE and CaUFC, the grant period is from September 2019 through March 20, 2022. All parties agree that the City Forest Renewal project will be completed in final versions by "03/20/2022" though periodic benchmarks may be set through the scope of work to support on -time project completion. Relationship of Parties It is understood by the Parties that the City of Santa Ana is an independent entity with respect to CaUFC, and not an employee. CaUFC will not provide fringe benefits (including health insurance benefits, paid vacation, or any employee benefits), for the benefit of the City. The City will be responsible for its own local, state and federal government tax obligations. Indemnification All volunteers shall sign the program's volunteer liability waiver prior to participating in any events associated with the Project. The City of Santa Ana further agrees to hold harmless, indemnify, and defend CaUFC and WCA, Inc., and their respective officers, officials, employees, and agents from and against any and all claims, loss, liability, damage, judgment, and expenses arising out of the City's performance of this MOU but only in proportion to and to the extent such claims, loss, liability, damage, judgment, or expenses are caused by or result from the negligent acts or omissions of City, its officers, agents, or employees. Assumption of Risk CaUFC and WCA, Inc. assumes no liability or responsibility for any personal property of the City, community partner, or of their staff, volunteers, instructors, employees, contractors, consultants, guests, invitees, and agents brought to assist with the CFR project, during the term of this MOU. 25H-5 Insurance Prior to undertaking performance of work under this MOU, West Coast Arborist shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Commercial general liability insurance naming the City of Santa Ana, its officers, employees, agents, volunteers and representatives as additional insured(s) and including, but not limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of WCA's operations in the performance of this MOU, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, WCA is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this MOU, WCA agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. The following requirements apply to the insurance to be provided by WCA pursuant to this section: (i) WCA shall maintain all insurance required above in full force and effect for the entire period covered by this MOU. (ii) Certificates of insurance shall be furnished to the City upon execution of this MOU and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) WCA shall supply City with a fully executed additional insured endorsement. 25H-6 Miscellaneous Terms A. Severability. If any term or portion of this MOU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect. B. Governing Law; Venue. The laws of the State of California shall govern this MOU without regard to principles of conflicts of laws. Any action to enforce or interpret this MOU shall be filed in the Superior Court of Orange County, California. C. Integration; Amendments. This MOU represents the entire and integrated MOU between CaUFC, WCA, Inc. and the City of Santa Ana with respect to the subject matter hereof, and supersedes all prior negotiations, representations or agreements, either written or oral with respect thereto. This MOU may be modified or amended only by a subsequent written agreement signed by both Parties. D. Attorneys' Fees. If a party to this MOU brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this MOU, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which such party may be entitled. E. Waiver. No waiver of any breach of any covenant or provision of this MOU shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. F. No Third -Party Beneficiaries. Nothing contained in this MOU is intended to or shall be deemed to confer upon any person, other than the Parties, any rights or remedies hereunder. G. Assignment. No assignment, subletting, or transfer in whole or in part of this MOU shall be made or shall be effective without the prior written consent of the CaUFC and WCA, Inc. H. Headings. The headings of the sections and exhibits of this MOU are inserted for convenience only. They do not constitute part of this MOU and are not to be used in its construction. 1. Non -Liability of Officials, Employees and Agents. No officer, official, employee or agent of CaUFC and WCA, Inc. shall be personally liable to the City of Santa Ana in the event of any default or breach by CaUFC or WCA, Inc. or for any amount which may become due to the City of Santa Ana pursuant to this MOU. J. Authority. The undersigned expressly represents that he or she is authorized to execute this MOU on behalf of the City of Santa Ana and that it meets each of the requirements set forth in the MOU, including but not limited to the insurance and workers compensation requirements. 5 25H-7 We the undersigned agree to this Memorandum of Understanding. i ancy Highe xecutHvvv c or alifornia Urban rests Council Kristine Ridge City Manager City of Santa Ana ATTEST: Daisy Gomez Clerk of the Council City of Santa Ana APPROVED AS TO FORM: �N— Rom. T..»4. An M.Funk Assistant City Attorney City of Santa Ana V4� - �4- DaVI'd Pineda Grants Supervisor West Coast Arborists, Inc. 25H-8