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E2. Urban Forest Management Plan'�y'V� �1A REPORT TO: Doug Russell, City Manager City of Kalispell 201 I" Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7757 Fax (406) 758-7758 FROM: Chad Fincher, Director, Parks and Recreation SUBJECT: Urban Forest Management Plan (UFMP) MEETING DATE: July 5, 2016 BACKGROUND: The city received grant funding from the State of Montana Department of Natural Resources to assist with the creation of an Urban Forest Management Plan, written by a qualified professional consultant. Staff sought qualified applicants through a publically advertised Request for Qualifications. One submittal was received from Community Forestry Consultants from Spokane, Washington. Community Forestry Consultants have over 40 years of experience in the tree business and have worked with many communities to complete management plans around the USA and Canada. Staff has reviewed Community Forestry Consultants RFQ submission and has found them to be a worthy contractor to complete Kalispell's UFMP. FISCAL IMPACT: The city will be responsible for expenses related to the writing of the UFMP, not to exceed $13,000. Grant reimbursement funding of $8,000 will be sought at the end of the project, no later than December 31, 2016. The projected expenses and reimbursement revenue are included in the parks urban forestry fiscal year budget for 16/17. RECOMMENDATION: It is recommended that council approve a motion authorizing the city manager to enter into a service agreement with Community Forestry Consultants. ATTACHMENTS: Service Agreement with Scope of Services PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1st day of July, 2016, by and between the CITY OF KALISPELL, MONTANA, a municipal corporation organized and existing under the laws of the State of Montana, 201 First Avenue East, Kalispell, Montana 59901, hereinafter referred to as "City," and Community Forestry Consultants, 2020 E. 361h Ave Spokane, WA 99203, hereinafter referred to as "Consultant." In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to hire Consultant as an independent contractor to perform for City services described in the Scope of Services attached hereto as Exhibit "A" and by this reference made a part hereof. 2. Effective Date: This Agreement is effective upon the date of its execution and will terminate on the 301day of December, 2016. 3. Scope of Work: Consultant will perform the work and provide the services in accordance with the requirements of the Scope of Services. 4. Payment: City agrees to pay Consultant Thirteen Thousand Dollars (13,000.00) for services performed pursuant to the Scope of Services. Any alteration or deviation from the described work that involves extra costs will be performed by Consultant after written request by the City, and will become an extra charge over and above the contract amount. The parties must agree upon any extra charges in writing. 5. Independent Contractor Status: The parties agree that Consultant is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant is not subject to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant shall comply with the applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Consultant shall maintain workers' compensation coverage for all members and employees of Consultant's business, except for those members who are exempted by law. Consultant shall furnish the City with copies showing one of the following: (1) a binder for workers' compensation coverage by an insurer licensed and authorized to provide workers' compensation insurance in the State of Montana; or (2) proof of exemption from workers' compensation granted by law for independent contractors. Professional Services Agreement 6. Indemnity and Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to defend, indemnify, and hold the City harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Consultant or Consultant's agents or employees. For the professional services rendered, to the fullest extent permitted by law, Consultant agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Consultant or Consultant's agents or employees. For this purpose, Consultant shall provide City with proof of Consultant's liability insurance issued by a reliable company or companies for personal injury and property damage in amounts not less than as follows: • Workers' Compensation - statutory • Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate • Automobile Liability - $1,000,000 property damagelbodily injury; $2,000,000 annual aggregate • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate The City shall be included or named as an additional or named insured on the Commercial General and Automobile Liability policies. The insurance must be in a form suitable to City. 7. Professional Service: Consultant agrees that all services and work performed hereunder will be accomplished in a professional manner. 8. Compliance with Laws: Consultant agrees to comply with all federal, state and local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA. 9. Nondiscrimination: Consultant agrees that all hiring by Consultant of persons performing this Agreement will be on the basis of merit and qualification and will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin. Professional Services Agreement 10. Default and Termination: If either party fails to comply with any condition of this Agreement at the time or in the manner provided for, the other party, at its option, may terminate this Agreement and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non -defaulting party may bring suit for damages, specific performance, and any other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand -delivered or mailed to the parties at the addresses set forth in the first paragraph of this Agreement. 11. Modification and Assignability: This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party, which are not contained in this written Agreement, may be considered valid or binding. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant's rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 12. Ownership and Publication of Materials: All reports, information, data, and other materials prepared by the Consultant pursuant to this Agreement are the property of the City. The City has the exclusive and unrestricted authority to release, publish or otherwise use, in whole or part, information relating thereto. Any re -use without written verification or adaptation by the Consultant for the specific purpose intended will be at the City's sole risk and without liability or legal exposure to the Consultant. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the City. 13. Liaison: City's designated liaison with Consultant is Fred Bicha, and Consultant's designated liaison with City is Jim Flott. 14. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF KALISPELL, MONTANA Community Forestry Consultants, CONSULTANT By: Doug Russell, City Manager ', Professional Services Agreement By: Print Name: APPROVED AS TO FORM (§18-2-406, MCA): By: Charles A. Harball, City Attorney Professional Services Agreement Title: Scope of Work Attached. Professional Services Agreement Exhibit A Parks and Recreation Dept 6/24/2016 Intro to Kalispell M01V7AJVA Exhibit "A"- Scope of Services The City of Kalispell is located in the center of Flathead County in Northwestern Montana, 74 miles south of the Canadian border and 120 miles east of the Idaho line. The population of Kalispell at last census was 19,927; however Kalispell services a county of approximately 140,000 people. Kalispell has many wide beautiful tree lined boulevards. Roughly one hundred years ago William Lawrence, the head of the water department, began a tree planting program that lined many streets with maple trees (currently 48%). Approximately ten years ago Dutch Elm Disease was discovered in Kalispell. Since the discovery, five hundred mature elm trees have been removed. The current population of boulevard and city park trees in Kalispell is 8,353. In 2009, The City of Kalispell acquired Tree Works, a tree inventory GIS based software program. A college intern was hired and a tree inventory was completed for the majority of city right of ways and parks over two summers. Presently this inventory is updated on a day to day basis as work is completed. A copy of this data will be provided to the consultant in an excel document for analysis. Goals of the project Part One (review) Analyze current urban forest and provide an inventory report. Things to be analyzed shall include: A. Analyze tree species make up B. Analyze diameter of trees as it relates to age of the urban forest C. Analyze current tree conditions D. Analyze maintenance needs E. Analyze insect and disease concerns F. Develop current maintenance schedule through one full pruning cycle based on current staffing on a month by month basis, example, June -July 2031 prune 156 large trees on I sr Ave W and 56 small trees on Cleveland Circle. G. Utilizing NRCS soil data, analyze soils and identify trees that do well in those soils H. Analyze hardiness zone and identify trees that would be conducive to Kalispell I. Analyze current staffing levels and equipment J. Provide cost analysis of the value of the urban forest both monetarily as well as environmentally utilizing the program I -Tree Part Two (community engagement) Engage and facilitate Citizens, City officials, Council, and Tree Board as well as other stake holders to help develop vision, goals, and recommendations on the future of Urban Forestry in Kalispell. Considerations to include but not limited to: A. Host a town hall meeting B. Develop a web survey to engage citizens C. Attend a Tree Board meeting D. Attend a City Council work session E. Meet with City officials that deal with trees in some facet Multiple meetings will be scheduled per day to limit number of days needed to complete community engagement. Part Three (community analyzes and presentation) Utilize information gained through community involvement to complete the UFMP. Prepare and give a PowerPoint presentation at a City Council work session reporting findings. A. Analyze community input from meetings B. Develop community priorities C. Develop vision, goals, and recommendations D. Include findings from public engagement as additional components of original report E. Provide maintenance alternatives and costs associated F. If any alternatives are selected include in Part III as appendixes Press Releases Prepare press releases throughout project to keep citizens, and city informed (at least 3). One press release at the beginning of the project telling the public about the project, one media release at the conclusion of Part I inviting the public to be part of Part II, and a final release summarizing the project and inviting the public to the council work session. Review Period Thirty days prior to the submission deadlines of the inventory report and final report electronic copies of the documents will be made available to both DNRC and KPR in order to provide an opportunity to review and provide comments prior to completion. Reviews will be completed and returned to consultant at least fourteen days prior to final project deadlines. Comments provided by DNRC and KPR should be addressed at final submission of inventory report and final report. 2 Submission of Reports At the end of Part I & Part III, three (3) printed copies of the inventory report will be provided to KPR. Reports will be spiral bound with hard cover and back on double -sided standard 8.5" x 11" non - glossy white paper. The use of 11" x 17" fold out sheets for large tables, charts, diagrams, and maps will be permissible but should be limited. Font type and size should be, "Times New Roman", size 12. At the conclusion of Part III a disk or flash drive will be provided to KPR with digital copies of all PowerPoints, data, reports, pictures, and anything produced through the completion of this project. All elements produced either written or data will be the property of the City of Kalispell at the completion of the project. Project Time Frame ❖ July 1, 2016 Anticipated signing of a service contract by City and Contractor ❖ August 12, 2016 Rough draft provided to KPR and DNRC for review of Part I ❖ August 26, 2016 Comments provided back to contractor concerning Part I ❖ September 9, 2016 Completion of Part I ❖ September 12, 2016 @ 7:00 P.M. Attend work session with City Council ❖ September 14, 2016 @ 4:00 P.M. Attend Tree Board meeting ❖ September 14, 2016 @ 7:00 P.M. Attend Town hall meeting ❖ November 11, 2016 Rough draft of the completion of Part III & PowerPoint rough draft provided to KPR and DNRC for review ❖ November 28, 2016 Rough draft of Part III & PowerPoint comments provided back to contractor ❖ December 12, 2016 @ 7:00 P.M. Present findings at City Council work session, completion of Part III Insurance Consultant shall provide City with proof of Consultant's liability insurance issued by a reliable company or companies for personal injury and property damage in amounts not less than as follows: • Workers' Compensation - statutory • Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate The City shall be included or named as an additional or named insured on the Commercial General and Automobile Liability policies. The insurance must be in a form suitable to City. Payment Payment will be made in two distributions. A payment equaling half the quoted amount will be paid at the conclusion of Part I and the second half will be made at the completion of Part III. It will be the contractor's responsibility to invoice the city for payment. Once an invoice is submitted for payment the city requires 30 days to complete payment. City Contact Fred Bicha 306 lst Ave E Kalispell, MT 59901 fbicha@kal.ispell.con7 406-758-7716 Project Funding Funding for this project is made possible through the City's forestry budget as well a Program Development grant from the DNRC and USFS. State and Federal reporting requirements will be followed. 4