Department of Natural Resources, Resource Protection Division Interagency Agreement for City Tree Ordinance Re-WriteWASHINGTON STATE DEPARTMENTOF
Natural Resources
PETER GOLDMARK - Commisswnar of Public Lands
INTERAGENCY AGREEMENT WITH THE
City of Edmonds
Agreement No. IAA-14-034/K244-12-DG-018
USDA Forest Service CFDA Number 10.664
This Agreement is between the City of Edmonds and the Washington State Department of
Natural Resources, Resource Protection Division, referred to as DNR.
DNR falls under authority of RCW Chapter 43.30 of Washington State, Department of Natural
Resources. DNR and the City of Edmonds herein after referred to as the Grantee, enter into this
agreement under Chapter 39.34, Inter -local Cooperation Act.
The purpose of this Agreement is to re -write the City's tree ordinance to re -write the City's tree
ordinance.
IT IS MUTUALLY AGREED THAT:
1.01 Statement of Work. The Grantee shall furnish the necessary personnel, equipment,
material and/or services and otherwise do all things necessary for or incidental to performing
work set forth in the Attachment "A".
1.02 The Grantee shall produce a mid -report by October 31, 2014, and a final report upon
project completion summarizing work performed and evaluating the performance and results of
this agreement.
2.01 Period of Performance. The period of performance of this Agreement shall begin upon
final execution by both parties, and end on May 29, 2015, unless terminated sooner as provided
herein.
3.01 Payment. Payment for the work provided is established under RCW 39.34.130. Payment
will not exceed ten thousand dollars dollars ($10000). Payment for satisfactory performance of
work shall not exceed this amount unless the parties mutually agree to a higher amount before
beginning any work that could cause the maximum payment to be exceeded. Payment for
services shall be based on the rates and terms described in Attachment `B".
4.01 Billing Procedures. The Grantee shall submit invoices no more than 4 times during the
period of performance stated in section 2.01. Payment to the Grantee for approved and
completed work will be made by warrant or account transfer within 30 days of receiving the
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invoice. When the contract expires, any claim for payment not already made shall be submitted
within 30 days after the expiration date or the end of the fiscal year, whichever is earlier.
5.01 Records Maintenance. The Grantee shall maintain books, records, documents and other
evidence, to sufficiently document all direct and indirect costs incurred by the City of Edmonds
in providing the services. These records shall be available for inspection, review, or audit by
personnel of the DNR, other personnel authorized by the DNR, the Office of the State Auditor,
and federal officials as authorized by law. The Grantee shall keep all books, records, documents,
and other material relevant to this Agreement for six years after agreement expiration. The
Office of the State Auditor, federal auditors, and any persons authorized by the parties shall have
full access to and the right to examine any of these materials during this period.
Records and other documents in any medium furnished by one party to this agreement to the
other party will remain the property of the furnishing party, unless otherwise agreed. The
receiving party will not disclose this material to any third parties without first notifying the
furnishing party and giving it a reasonable opportunity to respond. Each party will use
reasonable security procedures and protections to assure that records and documents provided by
the other party are not erroneously disclosed to third parties.
6.01 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be
"Works Made for Hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the
DNR and the Grantee. Data shall include, but not be limited to, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. Ownership includes the right to use, copyright, patent, register and the
ability to transfer these rights.
6.02 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. "
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7.01 Independent Capacity. The employees or agents of each party who are engaged in
performing this agreement shall continue to be employees or agents of that party and shall not be
considered for any purpose to be employees or agents of the other party.
8.01 Amendments. This Agreement may be amended by mutual agreement of the parties.
Amendments shall be in writing and signed by personnel authorized to bind each of the parties.
9.01 Termination. Either party may terminate this Agreement by giving the other party 30
days prior written notice. If this Agreement is terminated, the terminating party shall be liable to
pay only for those services provided or costs incurred prior to the termination date according to
the terms of this Agreement.
10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and
proper manner its obligations under this Agreement, or if either party violates any of the terms
and conditions, the aggrieved party will give the other party written notice of the failure or
violation. The aggrieved party will give the other party 15 working days to correct the violation
or failure. If the failure or violation is not corrected within 15 days, the aggrieved party may
immediately terminate this Agreement by notifying the other party in writing.
11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each party
to this agreement shall appoint a member to the dispute board. These board members shall jointly
appoint an additional member to the dispute board. The dispute board shall evaluate the facts,
contract terms, applicable statutes and rules, then determine a resolution. The dispute board's
determination shall be final and binding on the parties. As an alternative to the dispute board,
either of the parties may request intervention by the Governor, as provided by RCW 43.17.330.
In this case, the Governor's process will control the dispute resolution.
12.01 Governance. This contract is entered into the authority granted by the laws of the State
of Washington and any applicable federal laws. The provisions of this agreement shall be
construed to conform to those laws.
If there is an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
(1) Applicable State and federal statutes and rules (See Minimum Federal Requirements -
Attachment C);
(2) Statement of Work; and
(3) Any other provisions of the agreement, including materials incorporated by reference.
13.01 Assignment. The work to be provided under this Agreement and any claim arising from
this agreement cannot be assigned or delegated in whole or in part by either party, without the
express prior written consent of the other party. Neither party shall unreasonably withhold
consent.
14.01. Waiver. A party that fails to exercise its rights under this agreement is not precluded
from subsequently exercising its rights. A party's rights may only be waived through a written
amendment to this agreement.
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15.01 Severability. The provisions of this agreement are severable. If any provision of this
Agreement or any provision of any document incorporated by reference should be held invalid,
the other provisions of this Agreement without the invalid provision remain valid.
16.01 Insurances. The Grantee and DNR are part of the State of Washington and are protected
by the State's self-insurance liability program as provided by Chapter 4.92 RCW. These
agencies have entered into this agreement to provide/perform the City of Edmonds
Comprehensive Tree Ordinance described therein. This agreement will terminate on the date
listed in the period of performance. The agencies agree to share responsibility equally for losses
that arise out of this agreement.
(1) General Insurance Requirements
At all times during the term of this agreement, the Grantee shall, at its cost and expense, buy and
maintain insurance of the types and amounts listed below. Failure to buy and maintain the
required insurance may result in the termination of the agreement at DNR's option.
All insurance shall be issued by companies admitted to do business in the State of Washington
and have a rating of A-, Class VII or better in the most recently published edition of Best's
Reports unless otherwise approved by DNR. Any exception must be reviewed and approved by
the DNR Risk Manager or in the absence of, the Contracts Specialist at FMD, before the contract
is accepted. If an insurer is not admitted, all insurance policies and procedures for issuing the
insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC.
Before starting work, Grantee shall furnish DNR, with a certificate(s) of insurance, executed by a
duly authorized representative of each insurer, showing compliance with the insurance
requirements specified in the bid/proposal, if applicable, and Agreement. Said certificate(s) shall
contain the Contract number IAA-14-034/K244-12-DG-018, name of DNR Project Manager, a
description, and include the State of Washington, DNR, its elected and appointed officials,
agents, and employees as additional insured on all general liability, excess, umbrella and
property insurance policies.
Grantee shall include all subgrantees as insureds under all required insurance policies, or shall
furnish separate certificates of insurance and endorsements for each subgrantee. Subgrantee(s)
must comply fully with all insurance requirements stated herein. Failure of subgrantee(s) to
comply with insurance requirements does not limit Grantee's liability or responsibility.
All insurance provided in compliance with this contract shall be primary as to any other
insurance or self-insurance programs afforded to or maintained by DNR. Grantee waives all
rights against DNR for recovery of damages to the extent these damages are covered by general
liability or umbrella insurance maintained pursuant to this Agreement.
DNR shall be provided written notice before cancellation or non -renewal of any insurance
referred to therein, in accord with the following specifications.
(1) Insurers subject to Chapter 48.18 RCW (Admitted and Regulated by the Insurance
Commissioner): The insurer shall give DNR 45 days advance notice of cancellation or
non -renewal. If cancellation is due to nonpayment of premium, DNR shall be given 10
days advance notice of cancellation.
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(2) Insurers subject to Chapter 48.15 RCW (Surplus lines): DNR shall be given 20 days
advance notice of cancellation. If cancellation is due to nonpayment of premium, DNR
shall be given 10 days advance notice of cancellation.
In lieu of the coverages required under this section, DNR at its sole discretion may accept
evidence of self-insurance by the Grantee, provided Grantee provides the following:
Grantee shall provide a statement by a CPA or actuary, satisfactory to DNR that
demonstrates Grantee's financial condition is satisfactory to self -insure any of the
required insurance coverages.
DNR may require Grantee to provide the above from time to time to ensure Grantee's
continuing ability to self -insure. If at any time the Grantee does not satisfy the self-
insurance requirement, Grantee shall immediately purchase insurance as set forth under
this section.
By requiring insurance herein, DNR does not represent that coverage and limits will be
adequate to protect Grantee and such coverage and limits shall not limit Grantee's
liability under the indemnities and reimbursements granted to DNR in this contract.
The limits of insurance, which may be increased by DNR, as deemed necessary, shall not be less
than as follows:
(1) Commercial General Liability (CGL) Insurance: Grantee shall maintain general
liability (CGL) insurance, and, if deemed necessary as determined by DNR,
commercial umbrella insurance with a limit of not less than $1,000,000 per each
occurrence and $2,000,000 for a general aggregate limit. The products -completed
operations aggregate limit shall be $2,000,000.
CGL insurance shall be written on ISO occurrence form CG 00 01 (or substitute
form providing equivalent coverage). All insurance shall cover liability arising
out of premises, operations, independent Grantees, products -completed
operations, personal injury and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract), and contain separation of insureds (cross liability) conditions.
(2) Employers Liability (Stop Gap) Insurance: If Grantee shall use employees to
perform this contract, Grantee shall buy employers liability insurance, and, if
deemed necessary as determined by DNR, commercial umbrella liability
insurance with limits not less than $1,000,000 each accident for bodily injury by
accident or-$1,000,000 each employee for bodily injury by disease.
(3) Business Auto Policy (BAP) Insurance: Grantee shall maintain business auto
liability and, if deemed necessary as determined by DNR, commercial umbrella
liability insurance with a limit not less than $1,000,000 per accident. Such
insurance shall cover liability arising out of "any Auto." Business auto coverage
shall be written on ISO form CA 00 01, or substitute liability form providing
equivalent coverage. If necessary, the policy shall be endorsed to provide
5 of 7 Agreement No. IAA-14-034/K244-12-DG-018
contractual liability coverage and cover a "covered pollution cost or expense" as
provided in the 1990 or later editions of CA 00 01.
Grantee waives all rights against DNR for the recovery of damages to the extent
they are covered by business auto liability or commercial umbrella liability
insurance.
(4) Workers' Compensation Insurance: Grantee shall comply with all State of
Washington workers' compensation statutes and regulations. Workers'
compensation coverage shall be provided for all employees of Grantee and
employees of any subgrantee or sub-subgrantee. Coverage shall include bodily
injury (including death) by accident or disease, which arises out of or in
connection with the performance of this contract. Except as prohibited by law,
Grantee waives all rights of subrogation against DNR for recovery of damages to
the extent they are covered by workers' compensation, employer's liability,
commercial general liability or commercial umbrella liability insurance.
Grantee shall indemnify DNR for all claims arising out of Grantee's, its
subgrantee's, or sub-subgrantee's failure to comply with any State of Washington
workers' compensation laws where DNR incurs fines or is required by law to
provide benefits to or obtain coverage for such employees. Indemnity shall
include all fines, payment of benefits to Grantee or subgrantee employees, or their
heirs or legal representatives, and the cost of effecting coverage on behalf of such
employees. Any amount owed to DNR by Grantee pursuant to the indemnity may
be deducted from any payments owed by DNR to Grantee for performance of this
Contract.
(5) To the fullest extent permitted by law, Grantee shall indemnify, defend and hold
harmless DNR, its officials, agents and employees, from and against all claims arising
out of or resulting from the performance of the Agreement. "Claim" as used in this
agreement means any financial loss, claim, suit, action, damage, or expense,
including but not limited to attorneys' fees, attributable for bodily injury, sickness,
disease or death, or injury to or destruction of tangible property including loss of use
resulting therefrom. Grantee's obligation to indemnify, defend, and hold harmless
includes any claim by Grantee's agents, employees, representatives, or any
subgrantee or its employees. Grantee expressly agrees to indemnify, defend, and hold
harmless DNR for any claim arising out of or incident to Grantee's or any
subgrantee's performances or failure to perform the Agreement. Grantee's obligation
to indemnify, defend, and hold harmless DNR shall not be eliminated or reduced by
any actual or alleged concurrent negligence of DNR or its agents, agencies,
employees and officials. Grantee waives its immunity under Title 51 RCW to the
extent it is required to indemnify, defend and hold harmless DNR and its agencies,
officials, agents or employees.
17.01 Complete Agreement in Writing. This Agreement contains all the terms and conditions
agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties.
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18.01 Contract Management. The Project Coordinator for each of the parties shall be the
contact person for this agreement. All communications and billings will be sent to the project
coordinator.
19.01 Project Coordinators.
(1) The Project Coordinator for the Grantee is Kernan Lien. Telephone Number 425-771-
0220 x 1223.
(2) The Project Manager for DNR is Linden Lampman, Urban and Community Forestry
Program Manager, Telephone Number 360-902-1703.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Grantee
Dated: a3 , 20A By: �.
Title:
Address: AJ 0
a w•�,v` \P o/g o?- t)
Phone: U -7 -7 \ - C> �- D- 0
DUNS # 09 0 1-7 a- S
STATE OF WASHWGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: 34 , 20-/'Z By:
Albert Kassel
Interagency Agreement
Approved as to Form 9/29/97
By the Assistant Attorney General
State of Washington
Title: Division Manager
Address: 1111 Washington St SE
Olympia, WA 98504-7037
7 of 7 Agreement No. IAA-14-034/K244-12-DG-018
Attachment A
Received by:
161h
WA5HINGTON STATE DEPARTMENTOF
Natural Resources
FEB 21 2014
Resource Protection
2014 Community Forestry Assistance Grant Proposal
APPLICATION FORM
Project name (five words or less) City of Edmonds Comprehensive Tree Ordinance
Location (City) City of Edmonds Tree City USA M Y ❑ N
Name of Applicant (Organization) City of Edmonds
Daytime Phone # 425-771-0220 Applicant's Federal I.D. Number. 91-6001244
Address of Applicant 121 - 5th Avenue North
city City of Edmonds State WA Zip 98020
contact Person Kernen Lien 425-771-0220 x1223
Fax #425-771-0221
„ Daytime Phone #
Email Address kernen.lien@edmondswa.gov
Brief Description of Project and Objective. -
Edmonds is proposing to re -write its tree code to preserve and enhance its urban forests.
Is this project currently funded through another entity? ❑ Yes 0 No
Was this project previously funded through another entity? ❑ Yes W No
DNR funds requested from budget work sheet $ 10,000
Applicant share from budget work sheet $ 25,000
In -kind share from budget work sheet $
Cash share from budget work sheet $
Total amount of project from budget work sheet $ 35,000
By signing this grant proposal application form, the undersigned agrees that all information is accurate
to the best of their knowledge.
Rob Chave, Acting Development Services Director
Name and T' f Authorized Representative Date
?- ZSIV-
Signature bf Authorized Representative Da e
Revised 2014 Washington DNR Urban and Community Forestry Grant Application 2014
rfI C. t 09\)
CITY OF EDMONDS
121 5th Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
City of Edmonds
Community Forest Assistance Grant Application
4.1 Applicant Information
Applicant Name, Address and City of Edmonds
location of Project Address Development Services Department
Attn: Kernen Lien
121 - 5th Avenue North
Edmonds, WA 98020
Federal Tax id # 91-6001244
Name and project location City of Edmonds Comprehensive Tree Ordinance
Revisions; City of Edmonds, Washington
Contact for project liaison Kernen Lien, Senior Planner
i (Kernen.Liengedmondswa.gov)
425-771-0220 ext. 1223 j
Project title
Budget summary of project
Application signature
(name and title)
Comprehensive Revision of Tree and Vegetation
Codes for the City of Edmonds 1
(3.1.1 — Urban Forestry Ordinance Development)__—,
$35,000 for Consultant Work ($10,000 Grant
_ request, $25,000 City match)
Rob Chave W
Actin velopment Services ❑ire ~tor
I
4.2 Overall Project Details - Project Proposal Section
Section 4.2.1 - Commitment
The City of Edmonds and the City's Tree Board is proposing to re -write its tree code into a more
cohesive and comprehensive tree and vegetation code that will allow the City to better preserve,
protect and enhance its urban forests. Edmonds is committed to the protection of the natural
resources that contribute to the quality of life for its citizens. The combinations of marine,
estuarine, and upland environments are seen as an integrated and interdependent ecosystem
supporting a variety of wildlife valuable to the entire Edmonds community. The City has a
number of goals and policies listed within our Comprehensive Plan aimed at preserving and
enhancing the City's urban forests. Some of these goals and policies include:
Page 1 of 4
A. l Ensure that the City's natural vegetation associated with its urban forests, wetlands, and
wildlife habitat areas are protected and enhanced for future generations. (CP pg. 30)
A.2 City regulations and incentives should be designed to support and require sustainable
land use and development practices, including the retention of urban forest land, native
vegetation, and wildlife habitat areas. Techniques such as tree retention and low impact
development methods should be integrated into land use and development codes. (CP
pg. 3 0)
C.3.b Natural vegetation should be preserved wherever possible to reduce erosion and
stabilize slopes. (CP pg. 82)
B.2 The removal of trees should be minimized particularly when they are located on steep
slopes or hazardous soils. (CP pg. 85)
In 2010, the City of Edmonds formed a Tree Board which succeeded in obtaining Tree City USA
status for the City within its first year of existence. The Tree Board has participated in several
community outreach events such as the Edmonds Watershed Fun Fair and a successful Arbor
Day program. The Tree Board has also developed a Heritage Tree Program that is being
considered by the City Council for adoption this year. In Ordinance No. 3807 establishing the
Tree Board, the Tree Board was charged with developing a comprehensive tree ordinance
designed to preserve and protect existing trees, encourage planting of additional trees, safeguard
trees on parcels where construction or renovation is occurring or planned to occur, and
encouraging the Edmonds citizenry to become active stewards of the urban forest.
The Edmonds City Council allotted $25,000 dollars in its 2014 budget for a re -write of the tree
code plus impervious surface and tree canopy inventory. The City of Edmonds Geographic
Information Systems (GIS) staff is going to conduct the initial impervious surface and tree
canopy inventory and the $25,000 allotted by the City Council will be'used in conjunction with
the $10,000 from the Community Forestry and Assistance Grant to hire a consultant to develop
the tree code.
Section 4.2.2 - Planning
The City of Edmonds was incorporated in 1890 and adopted its first Tree Ordinance in 1928
which regulated planting and maintenance of trees on public property. The City's tree
regulations have been revised and expanded over time with a Municipal Tree Ordinance being
adopted in 1977, a street tree plan in 1982, and Land Clearing and Tree Cutting Ordinance
adopted in 1990 and amended in 2007. These revisions over time, as well as the adoption of
other environmental regulations and policies, have resulted in the City's tree related regulations
being spread throughout the Edmonds Community Development Code. As a result, the tree
regulations are fragmented, difficult for citizens to understand, often conflicting, and
cumbersome for staff to implement. With the help of this grant, the City will be able to develop
a more comprehensive tree code with a clear vision, one which is easier for. citizens to
understand and more efficient for staff to implement.
The City of Edmonds plans to use a qualified consultant to review and update City tree related
policies and objectives and to develop a draft tree ordinance. Once the consultant has completed
the draft tree ordinance and has presented the deliverables to the Tree Board, City staff will take
Page 2 of 4
the draft ordinance through the legislative process including Planning Board review and ultimate
approval by the Edmonds City Council.
Timeline and Deliverables
1. April 2014: Create and advertise request for qualifications.
2. May 2014: Select qualified consultant with strong municipal tree policy and program
experience. Agree to project's scope and terms of contract performance with the
consultant.
3. May 2014 — July 2014:
a. Consultant works with City staff and Tree Board to review and update City of
.Edmonds tree policies and objectives.
b. Consultant reviews other jurisdictions tree ordinances and approaches to tree
preservation and management.
c. Staff creates project webpage for citizens to follow the tree code re -write process.
4. August 2014: Tree Board holds a public hearing on updated tree policies and objectives.
5. August 2014 — September 2014: Consultant works with staff and Tree Board to develop
approach for draft comprehensive tree ordinance.
6. October 2014: Consultant presents draft tree ordinance to Tree Board for review.
7. November 2014 — December 2014: Tree Board and consultant finalize draft tree
ordinance and forward recommendation to Edmonds Planning Board (Community Forest
Assistance Grant funding expended).
8. January 2015 — February 2015: City of Edmonds Planning Board reviews updated tree
policies, objectives and draft tree ordinance.
9. March 2015: Planning Board holds a public hearing on draft tree ordinance and forwards
a recommendation to the Edmonds City Council.
10. March 2015: Draft tree ordinance with Tree Board and Planning Board
recommendations presented to Edmonds City Council.
11. April 2015: Edmonds City Council holds public hearing on draft tree ordinance.
12. May 2015: City Council adopts updated comprehensive tree ordinance.
Section 4.2.3 — Support
The revisions to the tree code provide a great opportunity to increase public awareness of the
importance of urban forests. As noted in the time line above, at least three public hearings are
proposed during the tree code re -write process before the Tree Board, Planning Board and
Edmonds City Council. City Council meetings are televised and also available on the City's
website and thus can reach a larger audience than is normally drawn to formal public hearings.
Staff will also create webpage that will allow citizens to follow the tree code re -write.
Additionally, the Tree Board participates in several community outreach events throughout the
year, which provides another opportunity to educate the public and inform Edmonds residents
about the tree code re -write and the importance of preserving natural areas, and habitats that
support a diversity of wildlife.
Page 3 of 4
Section 4.2.4 — Impacts
The long-term sustainable benefit with the revision of the City of Edmonds tree codes can be
viewed through two different lenses. First — the revision of the code requirements will be long
lasting and durable offering a solid basis for tree protection and preservation during property
development within the City of Edmonds. Additionally, the City of Edmonds is gifted with
unique environmental assets, such as the shoreline on Puget Sound, urban forests, diverse
streams and wetlands, Lake Ballinger and a range of parks and open spaces. The environmental
benefits of a revised tree code include improved conservation of the City's watersheds, enhanced
stewardship of the City's unique ecosystems and habitat, as well as the added benefits urban
forests provide in alleviating stormwater impacts during storm events.
In addition to the environmental benefits provided by an updated tree code, the revised tree code
will also provide clarity to citizens, developers, and staff. As noted above, the current Edmonds
tree related codes and policies are scattered throughout the Edmonds Community Development
Code and various policy statements. These fragmented tree regulations are difficult for citizens
to understand, problematic for staff to implement, and often conflicting. With the help of this
grant, the City will be able to develop a comprehensive tree code with a clear vision, easier for
citizens to understanding and easier for staff to implement. A more clear tree code will ultimately
result in a better understand of the City's urban forest and help preserve trees further reinforcing
the sustainability benefits of this code re -write.
Section 4.2.5 — Budget
See the attached budget work sheet. The City of Edmonds is seeking $10,000 through the
Community Forest Assistance Grant. The $10,000 grant will be combined with $25,000
budgeted by the Edmonds City Council in the 2014 City budget for a tree code re -write to hire a
consultant to review and update the City's tree related policies, objectives and develop a draft
tree ordinance in conjunction with City staff and the Tree Board. City staff will take the
consultant draft product through the legislative process with the City of Edmonds Planning
Board and ultimate adoption by the Edmonds City Council.
Section 4.2.6 - Other
The City of Edmonds is in the process of reviewing all of the City's development regulations and
will also be updating the Critical Area Ordinance over the next couple of years. Updating the
tree code at this time will help ensure that these important updates will be made consistent with
policies and goals establish in the tree code update the City's urban forests are preserved and
enhanced.
There are two great benefits that will come from the anticipated results. The first is a greater
visibility and regulatory support of trees on private as well as public lands. The second will be
the improved stormwater intervention with the preservation of mature trees and tree canopy.
Page 4 of 4
Attachment B
Ah
WASHINGTON STATE DEPARTMENTOF
Natural Resources
BUDGET WORKSHEET
Applicant City Of Edmonds
Project Name City of Edmonds Comprehensive Tree Ordinance Revisions
Community Forestry Assistance Grant requests must be a minimum of $3,000
and may not exceed $10,000.
Revised 2014 Washington DNR Urban and Community Forestry Grant Application 2014
Attachment C
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-
Attachment C
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://fedaov.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 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
Attachment C
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
terminated in whole or in part, and the Sub -recipient may be declared ineligible for further
agreements with DNR.
Attachment C
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.
12.Other Grant Specific Requirements. Identify other grant -specific federal requirements
here unless already addressed in the Agreement and number each of them sequentially.
Note: For further information related to federal requirements that may apply to Sub -recipient
under this Agreement, go to: http://www.whitehouse.2ov/omb/ rg ants