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HomeMy WebLinkAboutStaff Report 415-10TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: NOVEMBER 22, 2010 REPORT TYPE: CONSENT DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT CMR: 415:10 SUBJECT: Approval and Authorization for the City Manager or his Designee to Execute the Attached Contract with HortScience, Inc. (Attachment A) in the Amount of $159,604 for the Development of an Urban Forest Master Plan EXECUTIVE SUMMARY In 2008, the City received a $66,000 grant from the State (CaIFire) to provide partial funding for preparation of an Urban Forest Master Plan for the City. Staff issued a Request for Proposals (RFP) for the preparation ofthe plan in 2010. Staff is recommending selection of HortScience to prepare the master plan at a cost not to exceed $159,604, based on a work program developed by staff, Canopy, and the consultants. Staff requests that the City Council authorize the City Manager to execute the attached contract. RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager or his designee to execute the attached contract with HortScience, Inc. (Attachment A) in the amount of $159,604 for the development of an Urban Forest Master Plan. 2. Approve the use of $93,604 from the City Manager's Contingency Account to fund the amount not covered by the grant to be replenished by the Public Works, Utilities, Community Services, and Planning and Community Environment Depmtments during the FY 2011 mid-year budget review process. BACKGROUND The Palo Alto community has long been aware of the need to proactively preserve and enhance the city's urban forest. In 1993, the City Council appointed a Tree Task Force to make recommendations and in 1995 the Council adopted their recommendations including: • The creation of a non-profit tree group. In 1996 Canopy was established to serve as the community's resource on tree-related matters as well as act as the City's advisor and partner for tree planting and tree care activities. CMR: 415:10 Page 1 of5 • The development of a Tree Protection Ordinance. In 1996, the Council adopted the Tree Protection Ordinance which established criteria for "protected" trees, which cannot be removed without City approval. In 1998, the cun'ent Comprehensive Plan was adopted, including several goals, policies, and programs to preserve, maintain, and enhance the city's urban forest. On Ealth Day 2006, Council directed staff to create a new Street Tree Management Plan to implement the Comprehensive Plan goals and policies. . In 2007, the City collaborated with Canopy to apply for a grant from CALFIRE to help flilld the development of the Master Plan. In August of 2008, the grant was awarded; however, due to staffing reductions and state budget constraints, the preparation of the master plan was delayed. In late 2009, the removal of the street trees on California Avenue fUlther underscored the need for a master plan. In the spring of2010, the City assembled a team, including staff as well as Canopy, to oversee the preparation of the master plan. DISCUSSION The Urban Forest Master Plan is an important component of the City's Sustainability Program that will establish the urban forest as an asset that must be preserved and renewed; it will provide a road map to accomplish that goal. The future of Palo AltQ' s urban forest is seriously threatened by many factors, such as water restrictions, the installation of fiber optics, and on-going development that affect Palo Alto's tree canopy every day. A master plan is needed to help the City conserve, renew, and monitor its urban forest and will identify how to minimize conflicts between retention of the urban forest and construction of development and infrastructure projects, as well as the City's continued maintenance and operational needs. In late July, a Request for Proposals (RFP) was circulated for the preparation of the Urban Forest Master Plan with the following objectives: 1. Ensure that the City has an accurate and complete picture of its urban forest 2. Establish the urban forest as an asset 3. Establish the importance of the urban forest to the City's sustainability goals 4. Provide a road map for effective and efficient management that employs best practices and latest advancements 5. Consolidate resources (internal and external) 6. Engage the community as stewards of the urban forest 7. Provide a monitoring plan Nrnnber of proposals received 4 Nrnnber of firms interviewed 3 Range of proposal amounts $69,000 to $239,000 Proposed length of project 9 months The review panel for the proposals was composed of the City's Public Works and Planning arborists and the Executive Director of Canopy. The panel evaluated four proposals and interviewed three of the bidders. At the interviews, the panel reinforced its expectations that the docrnnent will provide for inter-departmental protocols as a resource for staff, a thorough understanding of probable-future-water-conservation mandates, and a flexible response to such CMR: 415:10 Page 2 of5 environmental changes-including the role of the City's recycled water program. The interviews established that some components of the Palo Alto Urban Forest Master Plan would be unprecedented based on the consultants' previous experiences. Based on their proposal, experience, and interview, HortScience was determined by the panel to be uniquely qualified to help the City develop a plan for sustaining the urban forest. In the tree industry, HortScience stands out as one of the world's premier academic and technically advanced consulting firms. Staff believes that HortScience brings the needed level of arboricultural expertise to all aspects ofthe project. The panel believes that use of any of the other consultants would result in City staff needing to prepare at least some components of the Urban Forest Master Plan, e.g., the urban forest sustainability program and an adaptive management program for our recycled water program. HOltScience publications illustrate a match between their expertise and the objectives ofthe Master Plan. Two pmticularly significant projects completed by Ms. Matheny mld Mr. Clark, principals of the firm, are: I. Development of a model for the assessment of urban forest sustainability through a grant from the USDA Forest Service (Attachment B). Implementing the model for Palo Alto will provide: a. A community-specific template for managing the City's urban forest and monitoring its sustainability b. A sustainability scorecard that can be used throughout the community to continually assess progress towards attaining specified goals 2. Development ofthe Water Use Classification of Landscape Species. The proposed work plan includes a comprehensive analysis of the water use and salt tolerance of tree species. Using this classification system will provide the City with state-of-the-art information to meet state goals for water conservation. Additionally, HortScience is currently under contract with the Utilities and Public Works Depmtments to provide expertise in the use of recycled water for landscape irrigation. HortScience's expertise regarding Palo Alto's recycled water challenges will streamline permitting, alleviate conflicts between depaltments and guide the process to avoid costly mistakes. Finally, staffs expeltise will be enhanced by working with HortScience on the project. Staff has negotiated the attached contract (Attachment A) with HortScience for the development of an Urban Forest Master Plan that will cost $159,604. The project will also include: I. Inter-departmental interviews by the consultant. 2. Significant public outreach, including: • A community-wide survey to gather input • A City Council Study Session early in the process to provide broad policy direction CMR: 415:10 Page 3 of5 • A City Council Study Session at the end ofthe process to discuss the draft Master Plan • Two community meetings to discuss the draft Urban Forest Master Plan RESOURCE IMPACTS Funding for the project is provided by: I. A $66,000 CALFlRE grant; and 2. $93,604 from the City Manager's Contingency Account to be replenished by the Public Works, Utilities, Community Services, and the Planning and Community Environment Depmtments during the FY 2011 mid-yearbudget review process. POLICY IMPLICATIONS This project is consistent with the City's sustainability policies and numerous goals, policies and programs in the Natural Environment and Land Use chapters of the Comprehensive Plan, including but not limited to: GOAL N-3: A Thriving "Urban Forest" That Provides Ecological, Economic, and Aesthetic Benefits for Palo Alto. POLICY N-14: Protect, revitalize, and expand Palo Alto's urban forest through public education, sensitive regulation, and a long-term financial commitment that is adequate to protect this resource. PROGRAM N-16: Continue to require replacement of trees, including street trees lost to new development, and establish a program to have replacement trees planted offsite when it is impractical to locate them onsite. PROGRAM N-19: Establish one or more tree planting programs that seek to achieve the following objectives: • A 50 percent tree canopy for streets, parks, and parking lots; and • The annual tree planting goals recommended by the Tree Task Force and adopted by the City CounCil. PROGRAM N-20: Establish procedures to coordinate City review, pmticularly by the Planning, Utilities, and Public Works Departments, of projects that might impact the urban forest. POLICY N-17: Preserve and protect heritage trees, including native oaks and other significant trees, on public and private property. POLICY L-70: Enhance the appearance of streets and other public spaces by expanding and maintaining Palo Alto's street tree system. POLICY L-76: Require trees and other landscaping within parking lots. ENVIRONMENTAL REVIEW Approval of this contract is not considered a project subject to the requirements of the California Environmental Quality Act (CEQA). CMR: 415:10 Page 4·of5 PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: ATTACHMENTS: Attachment A: Contract CURTIS WILLIAMS, Director Planning and Community Environment \~w.ck&.p c..( JAMES KEENE 'I ~ City Manager Attachment B: Model for the assessment of urban forest sustainability COURTESY COPIES Catherine Martineau, Canopy CMR: 415:10 Page 5 of5 CITY OF PALO ALTO CONTRACT NO. Cl1137721 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND HORTSCIENCE, INC. FOR PROFESSIONAL SERVICES PROVIDE URBAN FOREST MASTER PLAN This Agreement is entered into on this 23rd day of November, 2010, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and HORTSCIENCE, INC., a California Corporation, located at 2150 Rheem Drive, Suite A, Pleasanton, CA 94566, (PH) (925) 484-0211 ("CONSULTANT"). RECITALS The following recitals are a substantive portion ofthis Agreement. A. CITY intends to implement an Urban Forest Master Plan in conjunction with other environmental initiatives ("Project") and desires to engage a consultant to provide an Urban Forest Master Plan for this Project. ("Services"). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration ofthe recitals, covenants, tenns, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perfonn the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The tenn of this Agreement shall be from the date of its full execution through August 30, 2011, unless tenninated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the perfonnance of Services under this Agreement. CONSULTANT shall complete the Services within the tenn of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. Any Services for which times for perfonnance are not specified in this Agreement 1 Professional Services Rev. June 2, 2010 S :IASDIPURCH\SOLICITA TIONSICURRENT BUYER-CM FOLDERSIKATHYlContra ctsICII13772I-Hort SciencelContract CI I 137721 - HORTSClENCE. Inc. doc shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay ifthe extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance ofthe Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed One Hundred Fifty Nine 1Ihousand Six Hundred Four Dollars ($159,604.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed One Hundred Fifty Nine Thousand Six Hundred Four Dollars ($159,604.00). The applicable rates and schedule of payment are set out in Exhibit "C-l ", entitled "FEE and RATE SCHEDULE," which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services descril:>ed in Exhibit "A". SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-I "). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City's project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. OUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform 2 Professional Services Rev. June 2, 2010 S:IASD\PURCH\SOLICITATIONSICURRENT BUYER·CM FOLDERSIKATHYlContra ctsICll137721-Hort SciencelContract Cll13772I - HORTSCIENCE, Inc.doc Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) ofthe CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written consent ofthe city manager. Consent to one assigrrment will not be deemed to be consent to any subsequent assigrrment. Any assigrrment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. DOption A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. (gJOption B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services. The subconsultants authorized by CITY to perform work on this Project are: CirclePoint, Inc. CONSULT ANT shall be responsible for directing the work of any subconsultants and f0f any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. Professional Services 3 Rev. June 2, 2010 S:IASD\PURCH\SOLICITATIONSICURRENT BUYER·CM FOLDERSIKATHY\Contra etslCI 1137721-Hort SciencelContraet Cll137721 - HORTSCIENCE,Ine.doe SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Jim Clark, Vice President, as Project Manager, to have supervisory responsibility for the performance, progress, and execution of the Services and to represent CONSULTANT during the day-to-day work on the project. If circumstances cause the substitution of the project manager, or any other key persormel for any reason, the appointment of a substitute project manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City'S Project Manager is Gloria Humble, Planning and Community Environment Department, 250 Hamilton Avenue, Palo Alto, CA 94301, Telephone: (650) 329-2596. The Project Manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULT ANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. [2J[Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct ofthe CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. Professional Services 4 Rev. June 2, 2010 S:IASDIPURCH\SOLICITATIONSICURRENT BUYER·CM FOLDERSIKATHYlContra e!sICl I I3772l-Hort ScieneelContraet Cll137721 - HORTSClENCE,lne.doe D [Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.) 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnity, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any marmer related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnity an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution ofthis Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire term ofthis Agreement. 5 Professional Services Rev. June 2, 2010 S:IASDIPURCHISOLICITATIONSICURRENT BUYER-CM FOLDERSIKATHYlContra ctslCII 13772I-Hor! SciencelContract CII137721 - HORTSClENCE, Inc.doc 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19 .2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise ofhislher discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4,20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 6 Professional Services Rev. June 2, 2010 S:IASDIPURCHISOLICITATIONSICURRENT BUYER-CM FOLDERSIKATHYlContra e!sICI I I37721-Hort SciencelContract Cll137721 - HORTSClENCE, Ine.doe With a copy to the Purchasing Manager To CONSULTANT: Attention ofJim Clark, Vice President, at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Govermnent Code of the State ofCalifomia. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations of the Fair Political Practices Conunission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REOUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred Purchasing policies which are available at the City's Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements ofthe City's Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with the following zero waste requirements: • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum 000% or greater post-consumer content paper, unless otherwise approved by the City's Project Manager. Any submitted materials printed by a professional 7 Professional Services Rev. June 2, 2010 S:IASD\PURCHISOLICITATIONSICURRENT BUYER-CM FOLDERSIKATHYlContra ctslCII 137721-Hort SciencelContract CII137721 - HORTSClENCE,Inc.doc printing company shall be a minimum 0[30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 8 Professional Services Rev. June 2, 2010 S:IASDIPURCHISOLICITATIONSICURRENT BUYER·CM FOLDERSIKATHYlContra ctslCI I I3772I·Hort SciencelContract CII137721 • HORTSCIENCE, Inc. doc 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5( d) about a California resident ("Personal Information"), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security ofthe Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City's express written consent. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. 9 Professional Services Rev. June 2, 2010 S:IASDIPURCH\SOLICITATIONSICURRENT BUYER-CM FOLDERSIKATHYlContra ctslCI I 13772I-Horl SciencelContract CIIlJ772l _ HORTSClENCE. Inc. doc NOV·Nov . 10. LU 1 U5 11: 49AMJRCHfHo r t Sc i en ce, Inc. 03292302 CITY OF PALO A JTO City M!II1ager (RCqu'red on contracts oVer $85,000) Pumhasing Managel' (Required on contracts over $25,000) Contracts Administr tor (Requirod un contraclq under $25, 00) APl'ROVRO AS TO FORM: Senior Ass!. City AU mey (Required on ContrQ ts over $25,000) Attachments~ EXHIHrr "1\": EXH1I3lT "B": EXHJBIT "C": EXHIBIT "C·1": EXHIBIT "D": SCOPE OF WO\U( SCHEDULE OF PERFORMANCE COMPENSATION SCHEDULE OF RATES TNStJ RANCE llliQUIRBMENTS To:91925484~No. 1815 P. 2.e:2/2 Professional Services 1 0 Rev June 2, 2010 S:IASO\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\KATHy\Contra cts\Cl1 137721-Hort Science\Contract Cll137721 _ HORTSCIENCE. Inc.doc EXHIBIT "A" 1. SCOPE OF SERVICES The key element of the work plan is urban forest sustainability. CONSULTANT shall use the model for sustainable urban forests developed by HortScience, Inc. as the starting point, modifYing it to provide Palo Alto with a community specific template for managing its urban forest and monitoring its sustainability. In so doing, CONSULTANT shall meet all of the project's objectives, respond to the each of the requested services and provide the project deliverable. The model of urban forest sustainability arose from a national project that HortScience prepared for the USDA Forest Service National Urban and Community Forestry Advisory Council. The model describes 20 criteria essential to a sustainable urban forest. These criteria fall into three broad categories (Table I, below): characteristics of the vegetation in the community, the community framework, and resource management. For each criterion, the model describes levels of performance -indicators that can be used to assess the current condition. The model was tested for over 20 cities in the U.S., and has been adapted for use in a number of countries, states and communities. For example, the model is one of the foundational elements of Sacramento Tree Foundation's Greenprint Initiative. CONSULTANT's project approach is based on adapting the model of urban forest sustainability to Palo Alto, using the following steps: 1. Compile policies and information about Palo Alto's urban forest, leading to analysis of the current status, challenges and opportunities. 1.1 City Policies & Documents • Comprehensive Plan (relevant sections). • Municipal Code (tree & zoning sections). • Tree Technical Manual. • Climate Protection Plan. • USDA N. Calif. Coast Community Tree Guide. • Cal Green. • California PUC Section 4799.06-4799.12. • Utilities Department tree management program. • Palo Alto Sustainability plan. IdentifY the key connections to the City's urban forest and its management. • Tree management (public, private, utility) funding status and history. • Other City policies, procedures, agreements that relate to tree and urban forest management. • Evaluate current and proposed use of recycled water for landscape irrigation. • Summarize findings (including where modifications / changes may be required). • California PUC Section 4799.06-4799.12. • Utilities Department tree management program. • Palo Alto Sustainability plan. IdentifY the key connections to the City's urban forest and its management. Professional Services 11 Rev June 2, 2010 S:IASDlPURCH\SOLICITATIONSICURRENT BUYER·CM FOLDERSIKATHYlContra e!SICI I I3772I·Hort SeiencelContract CI I 1J7721 • HORTSCIENCE.lne.doe • Tree management (public, private, utility) funding status and history. • Other City policies, procedures, agreements that relate to tree and urban forest management. • Evaluate current and proposed use of recycled water for landscape Irrigation. • Summarize findings (including where modifications / changes may be required). California PUC Section 4799.06-4799.12. • Utilities Department tree management program. • Palo Alto Sustainability plan. IdentifY the key connections to the City's urban forest and its management. • Tree management (public, private, utility) funding status and history. • Other City policies, procedures, agreements that relate to tree and urban forest management. • Evaluate current and proposed use of recycled water for landscape irrigation. • Summarize findings (including where modifications / changes may be required). 1.2 Department interviews • Working with the project team, identifY participants to interview, prepare background information related to urban forest and tree management. Prep (id participants, prepare script). • Summarize findings in the context of several questions. Who manages / interacts with trees in Palo Alto? What conflicts exist between public agencies with respect to tree management? What opportunities exist? • Develop recommendations, using relevant examples, for improvement. 1.3 Public Tree Inventory • Confer with the city's urban forestry staff to review the current tree management effort, how the inventory is used, strengths and weaknesses of the existing information, and any needed changes. • Review current status of TreeKeeper. Evaluate and analyze results. • Review plan for STRATUM / iTree Streets analysis of existing public trees. Evaluate and analyze results. • Review California Urban Forest Council Urban Forest Master Plan Toolkit for ways to incorporate into Palo Alto's plan. 1.4 Preferred Tree Species list • Evaluate existing list with reference to tolerance to drought & recycled water. • ModifY existing list to reflect changes including expansion of criteria for use. • Prepare revised / expanded list. 1.5 Urban forest assessment • Research methods to assess existing and historical tree canopy coverage in Palo Alto. • Research cost and requirements to undertake UFORE / iTree Eco Professional Services 12 Rev June 2, 2010 S,IASDIPURCHISOLlCITATIONSICURRENT BUYER-CM FOLDERSIKATHYlContra ctslCl1 137721-Hort SciencelContract Cl 1 137721 - HORTSCIENCE. Inc.doc analysis in Palo Alto. • Summarize findings with a goal of providing a historical comparison of existing tree 2. Create Urban Forest Sustainability tool for Palo Alto. . • Assess the existing model in the context of Palo Alto's specific situation. Identify current research and tools applicable to a sustainable urban forest in Palo Alto such as LEED programs, the Sustainable Sites Initiative, and California's 20x2020 Water Conservation Plan. Incorporate into the model. Discuss changes with City staff to assess practicality. • Create a revised model of urban forest sustainability specific to the City of Palo Alto. Modify the model's criteria and performance indicators to reflect the local conditions. Verify revisions with the project team. • Test the Palo Alto model to establish the current state of sustainability. To the extent possible, reflect on the process by which Palo Alto reached this condition. Identify opportunities and constraints for enhancing urban forest sustainability in the short-and long-term. • Review findings with the project team. Revise model as needed. Provide examples of the model's use in urban forest management (as noted in the Project Deliverable section ofthe RFP). • Provide the sustainability tool in a format that can be updated/modified by the City of Palo Alto. 3. Enhance Public and Private Tree Management • Identify key issues with project team, based on the analysis of City-wide policies and procedures. • Project team to provide situations/topics where inter-department protocols are needed. • Develop draft protocols to address existing challenges. • Review current draft of Public Tree Management Plan and current edition of Tree Technical Manual. Suggest new topics based on results from Task #1.1 and 1.2. 4. Public Outreach and Coordination • Working with the project team, develop outreach strategy, identify stakeholders and plan for meetings. • Develop Fact Sheet(s) / Information Brochure(s) regarding managing a sustainable urban forest. Possible target audiences include citizens, institutional land-owners, retail nursery and garden centers, and the development community. • Consult with City's sustainability manager re: incorporating findings into City policies & website. • Create two web pages dedicated to the Urban Forest Management Plan and regarding trees in Palo Alto in general (species, numbers, history, with information on how community members can support it). • Prepare a template and draft powerpoint presentation for the project team's review. Professional Services 13 Rev June 2, 2010 S:IASDIPURCHISOLICITATlONSICURRENT BUYER·CM FOLDERSIKATHYlContra ctslCII I3772I·Hort SciencelContract C11137721 • HORTSCIENCE, Inc. doc • Undertake two study sessions with the Palo Alto's City Council 5. Develop Urban Forest Master Plan • Prepare a detailed summary of Palo Alto's Sustainable Urban Forest model with criteria and performance indicators specific to the community and practical in nature. The final model will be one that can be modified over time, utilizing new information as well as results of management decisions. • IndentifY the sustainable urban forest "scorecard" as the monitoring model to be used by City departments and stakeholders with respect to urban forest management. The scorecard serves as a tool for assessing how decisions influence urban forest sustainability. • Finalize Preferred Species List. • Incorporate the findings into a draft report to be enhanced by CirclePoint who will: 1) translate/modify technical text to a non-technical form, 2) standardize text with the City's Sustainability Plan, 3) enhance plan layout and design and 4) copyedit the document. • Incorporate cotnments from the Palo Alto project team (prior to further circulation). • Incorporate comments from City departments, elected officials and other stakeholders (distribution to be determined by project team). • Finalize document. Provide an electronic copy in a format that can be used by the City. 6. Manage the project • Attend a kick-off meeting with project team. • Attend progress meetings with City of Palo Alto team (10 over the courseofthe project). • Conduct internal team meetings (4 over the course of project). • Provide for internal management. The model incorporates the project's objectives and deliverable in a direct and comprehensive manner. At the end of the project, the City of Palo Alto will possess to well-founded, locally­ adapted tool to assess the current state of its urban forest, provide steps to move forward, and allow re-assessment in the future. Table 1: Table 1. Criteria for a Sustainable Urban Forest. Professional Services 14 Rev June 2, 2010 S:IASDIPURCHISOLIC1TATlONSICURRENT BUYER·CM FOLDERSIKATHYlContra ctslCI1 137721-Hort SciencelContract C11137721 - HORTSClENCE, Inc.doc Vegetation Resource. Canopy cover Age -distribution of trees Species mix Native vegetation Community Framework Public agency cooperation Private and institutional land owners Green industry cooperation Neighborhood action Citizen -government - business General awareness of trees Regional cooperation Resource Management City-wide management plan City-wide Funding City Staffing Assessment Tools Protection of Existing Trees Achieve climate-appropriate tree cover, community-wide. Pro.vide for uneven age distribution. Provide for species diversity. Maintain the biological integrity of native remnant forests. Maintain wildlife corridors to and from the city. Insure all city departments operate with common goals and objectives. Large private landholders embrace city­ wide goals and objectives through specific resource management plans. The green industry operates with high professional standards and commits to city-wide goals and objectives. At the neighborhood level, citizens understand and participate in urban forest management. All constituencies in the community interact for the benefit of the urban forest. The general public understands the value of trees to the community. Provide for cooperation and interaction among neighboring communities and regional groups. Develop and implement a management plan for trees on public and private property. Develop and maintain adequate funding to implement a city-wide management plan. Employ and train adequate staff to implement a city-wide management plan. Develop methods to collect information about the urban forest on a routine basis. Develop methods to collect information about the urban forest on a routine basis. Species and Site selection Provide guidelines and specifications for species use, on a context-defined basis. Standards for Tree Care Adopt and adhere to professional standards for tree care. Citizen Safety Maximize public safety with respect to trees. Recycling Create a closed system for tree waste. Professional Services 15 Rev June 2, 2010 S:IASDIPURCHISOLICITATlONSICURRENT BUYER·CM FOLDERSIKATHYlContra ctsICll137721·Hort SciencelContract Cll137721 . HORTSClENCE, Inc. doc November 2010 December 2010 January 2011 February 2011 March 2011 April 2011 May 2011 June 2011 July 2011 EXHIBITB SCHEDULE OF PERFORMANCE Project team assembles background documents. Project team consults with City staff and elected leaders regarding the project, interviews, protocol topics, web page design, and study sessions. Project approved by Council. Kick-off meeting (week of November 29). Review documents. Priority to be determined by project team. Develop survey draft. Prepare first inter­ department protocol. Schedule interviews. Research urban forest assessment information. Conduct inter-department interviews (after January 12). Use draft protocol as point of departure. Summarize findings. Create list of recommendations including protocol topics. Initial review of Tree Technical Manual & Public Tree Management Plan. Summarize analysis and recommendations. Present draft sustainability model for project team review. Review urban forest assessment findings. Determine next steps. First study session with Council. Review project and scope. Discuss urban forest sustainability model and protocols. Send protocols for inter-department review. Present draft Urban Forest Management Plan to project team for review. Includes Tree Species list. Present revised draft Urban Forest Management Plan for review. Present draft brochure/ information sheet. Finalize Urban Forest Management Plan. Second study session with Council. Present Plan. Professional Services 1 6 Rev June 2, 2010 S:IASD\PURCHlSOLICITATIONSICURRENT BUYER-CM FOLDERSIKATHYlContra ctslCII 13772I-Hort SciencelContract CII137721 - HORTSCIENCE,Inc.doc EXHIBIT "C" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services perfonned in accordance with the tenns and conditions of this Agreement, and completed to the reasonable satisfaction of the CITY, as described in Exhibit A, Scope of Services, a fixed, not-ta-exceed price for professional services of One Hundred Fifty Nine Thousand Six Hundred Four Dollars ($159,604.00). The budget is based on the following task costs: 1. Compile policies and information about Palo Alto's urban forest, leading to analysis of the current status, challenges and opportunities. $43,940 1.1 City Policies & Documents 1.2 Department interviews 1.3 Public Tree Inventory 1.4 Preferred Tree Species list 1.5 Urban forest assessment 2. Urban Forest Sustainability tool for Palo Alto. 3. Inter-department protocols for tree management. 4. Public Outreach and Coordination. 5. Urban Forest Master Plan. 6. Project management. Sub-total, labor Estimated expenses (10%) Budget Total $ 7,520 $15,770 $33,530 $32,230 $21,640 $154,630 $4,974 $159,604 Fee of$I,200 per meeting is based on attendance by Jim Clark, project manager and lead consultant. CITY reserves the right, at its option, to move budgeted money from one task to another Task, as the City's Project Manager deems necessary. CONSULTANT can only reallocate Funds from one task to another upon receiving approval from City's Project Manager. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Reimbursables Reimbursables shall include, but are not limited to, the cost of copying plans, outreach materials, postage, signage or other items not included herein. Travel, computer and phone charges shall be considered as included in the CONSULTANT overhead costs. Any needed office spaces or related supplies shall be provided by CONSULTANT and shall be considered to be included in the Scope of Services above. Professional Services 1 7 Rev June 2, 2010 S:IASDIPURCHlSOLICITATIONSICURRENT BUYER·CM FOLDERSIKATHYlContra e!sICI I I3772I·Hort SciencelContract CI I I37721 • HORTSCIENCE, Inc.doc EXHIBIT "C-l" SCHEDULE OF RATES The following hourly rates are effective through December 31, 2010 and subject to escalation in January 2011. FIRM HortScience, Inc. CirclePoint POSITION Professionals Principal Consultant Arborist Technician Clerk Principal Senior Project Manager Project Manager Senior Associate Associate Assistant/Coordinator Clerical Creative & supportive services Creative Service Director Art Director Senior Graphic Designer Graphic Designer CopywriterlEditor IT Director IT Support Accounting Manager Accounting Clerk Related Services & Reimbursables Copies In House $0.10 per page HOURLY RATES $165 $140 $85 $85 $40 $240 $180 $140 $120 $95 $75 $60 $200 $150 $85 $70 $100 $175 $75 $130 $70 Color PrintslTransparencies Duplication - In House $1.50-$1.75 per copy Outsourced at cost Faxes Postage at cost Phone at cost Mileage Per IRS Allowable Vendor & Sub-consultant Services $0.60 per page 10% mark up for administration Professional Services 18 Rev June 2. 2010 S:IASD\PURCH\SOLICITATIONSICURRENT BUYER-CM FOLDERSIKATHYlContra c!SICI I 137721-Hort SciencelContract CII137721 - HORTSCIENCE, Inc.doc EXHIBIT "D" INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WI11I AM BEST'S KEY RATING OF A·:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA, AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS AS SPECIFIED BELOW' MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH YES YES YES YES NO YES OCCURRENCE AGGREGATE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LIABILITY STATUTORY BODILY INJURY $1,000,000 $1,000,000 GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 LIABILITY COMBINED. BODILY INJURY $1,000,000 $1,000,000 . EACH PERSON $1,000,000 $1,000,000 . EACH OCCURRENCE $1,000,000 $1,000,000 AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON·OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED PROFESSIONAL LIA81LITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY,ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES, I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE A.FFORDED TO "ADDITIONAL INSUREDS" A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS A.FFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS Professional Services 19 Rev June 2, 2010 S:\ASDIPURCH\SOLICITATIONSICURRENT BUYER·CM FOLDERSIKATHYlContra ctsIClI137721·Hort SciencelContract ClllJ7721 . HORTSCIENCE,lnc.doc ' ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION I. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 Professional Services 2 0 Rev June 2, 2010 S:IASD\PURCH\SOLICITATIONSICURRENT BUYER·CM FOLDERSIKATHYlContra ctsICll137721-Hort SciencelContract C11137721 - HORTSCIENCE, Inc.doc Journal of Arboriculture 23(1): January 1997 Attachment B17 A MODEL OF URBAN FOREST SUSTAINABILITY by James R. Clark, Nelda P. Matheny, Genni Cross and Victoria Wake Abstract. We present a model for the development of sustainable urban forests. The model applies general principles of sustainablilly to urban trees and forests. The central tenet of the model is that sustainable urban forests require a healthy tree and forest resource, community-wide support and a comprehensive management approach. For each of these components, we present criteria and Indicators for assessing their status at a given point in time. The most significant outcome of a sustainable urban forest is to maintain a maximum level of net environmental, ecological, social, and economic benefits over time. Creation and management of urban forests to achieve sustalnabllity is the long-term goal of urban foresters. The notion of sustainabllity in urban forests is poorly defined in both scope and application. Indeed, the question of how to define sustainabillty, and even whether it can be defined, is an open one (9, 12). At a simple level, "a sustainable system is one which survives or persists" (5). In the context of urban forests, such a system would have continuity over time in a way that provides maximum benefits from the functioning of that forest. Since there is no defined end point for sustainabillty, we assess sustainability by looking backwards, in a comparative manner (5). In urban forests, we measure the number of trees removed against those replanted or regenerated naturally. In so dOing, we assess progress towards a system that "survives or persists." Therefore, our ideas of sustainability are "really predictions about the future or about systems ... (5)." This paper presents a working model of sustainability for urban forests. We describe specific criteria that can be used to evaluate sustainability, as well as measurable indicators that allow assessment of those criteria. In so doing, we accept sustainabllity as a process rather than a goal. As suggested by Kaufmann and Cleveland (12) and Goodland (5), we consider social and economic factors as well as natural science. Goodland believed that "general sustainability will come to be based on all three aspects" (social, economic and environmental). Maser (14) described sustainability as the "overlap between what is ecologically possible and what is societally desired by the current generation", recognizing that both will change over time. Therefore, our approach integrates the resource (forests and their component trees) with the people who benefit from them. In so doing, we acknowledge the complexity of both the resource itself and the management programs that influence il. We also recognize that communities will vary In both the ecological possibilities and societal desires. Defining Sustain ability In developing a model of sustainable urban forests, we first examined how other sustainable systems were defined and described. Although we have concentrated on forest systems, other examples were considered. While some principles of sustainable systems were directly applicable to urban forests, others require modification or were in conflict with the nature of urban forests and forestry. The Brundtland Commission Report (21) has generally served as the starting point for discussion about sustainable systems. It defined sustainable forestry as: "Sustainable forestry means managing our forests to meet the needs of the present without compromising the ability of future generations to meet their own needs by practicing a land stewardship ethic which integrates the growing, nurturing and harvesting of trees for useful products with the conservation of soli, air, and water quality, and wildlife and fish habital." Both Webster (22) and Wiersum (23) examined this definition from the perspective of forest management. They recognized that issues of what is to be sustained and how sustainability is to be implemented are unresolved. Wiersum ( 23) 18 acknowledged the historical focus on sustaining yield and its recent broadening to sustainable management. Webster (22) suggested a need for focus on the issue of scale: the size of the area or space to be included. Further refinements in the Brundtland Commission's definition of sustainability were made by Salwasser (16) and Sample (17). Salwasser (16) described sustainability as: "Sustainability means the ability to produce andl or maintain a desired set of conditions or things for some time into the future, not necessarily forever." Salwasser (16) included environmental, economic and community based components, acknowledging that sustainability is not simply a resource matter. He also stressed that the goals and objectives for forest management cannot exceed the biological capacity of the resource, now and into the future. Sample (17) focused more closely on forest management, emphasizing the need for shared vision among diverse property owners. iii a workshop on ecosystem management, Sample described sustainable forestry as: "Management and practices which are simultaneously environmentally sound, economically viable and socially responsible." Some definitions of sustainable forests are not directly applicable to urban settings. For example, the description presented at the conference on Sustainable Forestry (18) included comments about capacity for self-renewal. Since regeneration of urban forests must occur in a directed, location­ specific manner, use of such a definition is inappropriate. Other definitions consider the goal of sustainable forests in a manner inconsistent with our concept of urban forests. Thompson et al. (20) described sustainability as "programs that yield desired environmental and economic benefits without wasteful, inefficient design and practices." While these authors were interested in urban settings, their approach was limited to municipal forestry programs rather than city-wide processes or results. Dehgi et al. (6) focused on California's native Monterey pine forest and restricted their definition of sustainability to that system. Clark et al.: Urban Forest Sustainability Moreover, their interest was limited to sustaining the "natural dynamic genetic process." In another approach, the American Forest and Paper Association's Sustainable Forestry Initiative (1) is largely aimed at industrial forest practice and products. This focus on industrial forestry seems largely incompatible with urban environments. Given the examples noted above, the role of humans in sustainable systems (including forests) is generally accepted. However, Botkin and Talbot (2) (as criticized by Webster) argued that sustainable development of tropical forests requires non-disturbance by humans. Again, this idea is incompatible with urban forests. Applying Concepts of Sustainable Forests to Urban Forests In moving the concepts of sustainable development of forests towards implementation and practice, Webster (22) raised several significant questions. We have considered these questions from the urban forest perspective: What objects, conditions, and values are to be sustained? In urban areas, we focus on sustaining net benefits of trees and forests at the broadest level. We are sustaining environmental quality, resource conservation, economic development, psychological health, wildlife habitat, and social well,being. What is the range of forest activities that contribute to sustainable development? Simply put, urban forests require a broad set of activities, from management of both Single trees and large stands to education of the community about urban forests and development of comprehensive management plans. What is the geographic scale at which sustainable development can be most usefully applied? Political borders do not respect biology (and vice versa). Principles of ecosystem management argue for a scale based on ecological boundaries such as watersheds. However, cities form discrete pOlitical, economic and SOCial units. We must respect the reality that political borders may be more significant to management than ecological boundaries. Urban forestry programs work within Journal of Arboriculture 23(1): January 1997 this geographical framework. For this project and model, we have chosen to focus on the city and its geographic limits. While this approach may violate some of the biological realities of forest stands, it logically reflects the jurisdictional boundaries and typical management units found in cities. The more common alternative approach, working with ecosystems, is not without problems of definition and scale (7). What is the relationship of sustainable development for (urban forests) to new technology, effectively applied research and investment in forest management? Urban forests stand to benefit tremendously from new technology, information and investment. Not only will the ability to select and grow trees in cities be enhanced, but the ability to quantify the benefits accrued by their presence will expand. Wlersum (23) provided an in-depth look at sustainability in forest systems, noting the long hist6ry of the concept in forest practice. Many . would argue that the concept of sustained yield is not equivalent to sustainable development. Gatto (9) discusses this fact at length. However, Wiersum (23) observed the evolution of forest sustainability towards multiple use, biological diversity, mitigating climate change and socioeconomic dimensions. Wiersum summarized four concepts involved with sustainable forest management as maintenance or sustenance of: • forest ecological characteristics • yields of useful forest products and services for human benefit • human institutions that are forest­ dependent • human institutions that ensure forests are protected against negative external Institutions. A similar perspective on sustainable forest management (13) described the measurable criteria as: • desired future condition (the vision of the forest in the future) • sustained yield • ecosystem maintenance • community (city) stability 19 Keene (13) also noted that these principles can be practiced in traditional forest management. Products derived from forests in which sustainable forest management is practiced may receive a third-party certification as such, in a manner similar to certification of organically-grown produce. Maser, (14), Wiersum (23) and Charles (4) all argued that a sustainable forest would include biological, social and economic issues. For example, from the perspective of a fishery resource, sustainability is the simultaneous pursuit of ecological, socioeconomic, community and institutional goals (4). In Maser's view of ecological sustainability, the goals and needs of society must reflect the potential of the resource to meet them. This idea may be universal for sustainable development and must certainly be for urban forests. This approach can be directly applied to cities, for we want urban forests to contribute to environmental, economic and social well-being . We need not sacrifice one goal in pursuit of another. Trees reduce atmospheric contaminants at the same time that they enhance commuhity well-being. While there may be conflicts in specific situations (eg. planting trees under utility lines or using invasive species), in general, all of the broad goals for urban forest sustainability are compatible with the others. In this sense, when we focus on appropriate management of trees and urban forests, where management activities take place with community-supported goals and objectives, we focus on sustaining a broad range of values. We also concur with Charles' (4) conclusion that sustainability can only be achieved when: • Control is local (for fisheries, community and region-wide) • Management is adaptive, recognizing the dynamic resource and its complexity • Property rights are respected In summary, a wide range of definitions for sustainable development have been derived from the original concept of the Brundtland Commission. No universally accepted derivation has arisen for forestry. Despite this problem, progress has been made in identifying criteria and markers for success. 20 Characteristics of Urban Forest Sustalnability Given the general characteristics of sustainable systems and the specific nature of urban forests, we identified 4 principles to which any model of sustainability must adhere. 1. Sustainablllty is a broad, general goal. While we may be able to describe the desired functions of a sustainable urban forest, we cannot yet design the forest to optimize them. Although we know that urban forests act to reduce atmospheric contaminants, we do not yet know how to design those forests to maximize that function. However, we accept that existing urban forests provide these functions to some degree. Trees in cities serve to improve community well· being, reduce the urban heat island, eliminate contaminants from the atmosphere, etc. While there are costs involved in planting, maintaining and removing trees in cities, in a sustainable urban forest the net benefits provided by these functions are greater than the costs associated with caring forthe forest. A sustainable urban forest provides continuity of these net benefits over time and through space. We therefore have decided to recognize the general character of sustainable systems and develop steps that form such a system in urban areas. 2. Urban forests primarily provide services rather than goods. Descriptions of sustainable systems usually focus on the goods that system provides, i.e. sustained yield. Forests provide fuel and fiber, agronomic systems provide food and fiber, fisheries provide food, etc. In such examples, goods are the primary output. . In contrast, goods comprise a rather limited output of the urban forests. The most Important outputs are services, such as reducing environmental contamination (from removing atmospheric gases to moderating storm water runoff), improving water quality, reducing energy consumption, providing social and psychological well-being, providing for wildlife habitat, etc. These services, or benefits, are provided in two ways: 1) direct (shading an individual home, raising the value of a residential property) and 2) indirect (enhancing the well-being of community residents). In planting and maintaining sustainable urban Clark et al.: Urban Forest Sustainability forests, we should strive for a balance among all benefits and not maximize the output of one service at the expense of all others. For example, one of the benefits that urban forests provide is wildlife habitat. Maintaining the largest wildlife habitat possible could conflict with other services, such as limiting economic development from property development or creating conflicts with humans. 3. Sustainable urban forests require human Intervention. One of the wonderful characteristics of natural systems is their capacity for self­ maintenance. Sustainable forests, farms and fisheries take advanlage of this fact by harvesting some limited segment of the resource, often with a period of rest to allow renewal and replacement. The Brundtland Commission Report (21), Maser (14) and Charles (4) emphasized this critical aspect of the resource to be sustained. For example, Goodland (10) defined environmental sustainability as "maintenance of natural capital." Maser noted that a biologically sustainable forest is the foundation for all other aspects of a sustainable system. In forestry, there can be no sustainable yield, sustainable industry, sustainable community or sustainable society without a biologically sustainable resource. As Charles put it (for fisheries), "If the resource goes extinct, nothing else matters." Many (but not all) urban forests are a mosaic of native forest remnants and planted trees. The native remnants may have some capacity for self­ renewal and maintenance, particularly in greenbelts and other intact stands. However, the planted trees have essentially no ability to regenerate in place. Therefore, we must accept, acknowledge and act on the fact that urban forests (particularly in the United States) may have a limited ability to retain or replace biological capital (to use Maser's term). This is particularly the case when we desire that regeneration occur in a manner appropriate for human benefits. Indeed, unwanted tree reproduction may actually have a net cost for control and eradication programs. Sustainable urban forests cannot be separated from the activities of humans. Such activity can be both positive and negative. In the latter case, creation and maintenance of urban Infrastructure Journal of Arboriculture 23(1): January 1997 can be extremely destructive and disruptive. In essence, we superimpose cities atop forests. The greater the imposition, the less natural the forests appear and function (D. Nowak, personal communication). The adverse impacts of humans can be mitigated by positive actions such as planning, planting, and management; all occurring with common commitment and shared vision. We cannot separate sustainable urban forests from the people who live in and .around them. In fact, we want to meld the two as much as possible. The implications of this principle are far­ reaching. First, urban forests require active, consistent, continuing management. The accrual of net benefits can only occur when adequate and reasonable care is provided. Second, tree managers (both public and private) must involve the surrounding community in decisions and actions regarding urban forests. We do not suggest abdicating responsibility on the part of tree managers; we advocate sharing it. 4. Trees growing on private lands compose the majority of urban forests. While publicly - owned trees (primarily in parks and along streets and other rights-of-way) have been the long­ standing focus of urban forestry, they comprise only a portion of the urban forest. An estimated 60 -90% of the trees in urban forests in the United States are found on privately owned land (see 19; also G. McPherson, pers. communication). Therefore, sustainable urban forests depend to a large degree on sustainable private forests. If we consider further that trees probably are not evenly distributed among all private land­ holders, then we may also conclude that a small number of land owners and managers may be responsible for a large fraction of urban trees. For example, universities, business parks, corporate campuses, commercial real estate, autonomous semi-public agencies, utilities, etc. may manage large numbers of trees. The success of any effort at sustainability must include their participatibn and commitment. However, small private landholdings, particularly residential properties, may also constitute a Significant fraction of community trees. Their contribution to the urban forest must be 21 considered in any effort towards sustainability. Defining Sustainable Urban Forests. Applying these 4 principles leads to the following definition of a sustainable urban forest: "The naturally occurring and planted trees in cities which are managed to provide the inhabitants with a continuing level of economic, social, environmental and ecological benefits today and into the future." Applying this definition in urban areas requires accepting 3 ideas: 1. Communities must acknowledge that city trees provide a wide range of net benefits. Planting, preserving and maintaining trees is neither simply a good thing nor an exercise. Rather, urban forests are essential to the current and future health of cities and their inhabitants. 2. Given the goal of maintaining net benefits over time, the regeneration of urban forests requires Intervention and management by humans. To quote David Nowak, "people want and need to direct the renewal process because natural regeneration does not meet most urban needs." Therefore, urban forests cannot be sustained by nature, but by people. 3. Sustainable urban forests exist within defined geographic and political boundaries: those of cities. Moreover, sustainable urban forests are composed of all trees in the community, regardless of ownerShip. A Model of Urban Forest Sustainability Given the 3 premises listed above, we developed a model of urban forest sustainability which is founded on three components: 1) vegetation resource, 2) a strong community framework and 3) appropriate management of the resource. Within each component are a number of specific criteria for sustainability (see Tables 1, 2 and 3). 1. Vegetation resource. The vegetation resource is the engine that drives urban forests. Its composition, extent, distribution, and health define the limit of benefits provided and costs accrued. As dynamic organisms, urban forests (and the trees that form them) change over time as they grow, mature and die. Therefore, sustainable urban forests must possess a mix of 22 Clark et al.: Urban Forest Sustainability Table 1. Criteria of urban forest sustainability lor the Vegetation Resource. Canopy cover Age distribution Species mix Native vegetation Achieve climate­ appropriate tree cover, community-wide. Provide for uneven age distribution. Provide for species diversity. Though the Ideal amount of canopy cover will vary by climate and region (and perhaps by location within the community, there Is an optimal degree of cover for every city. A mix of young and mature trees Is essential If canopy cover is to remain relatively constant over time. To insure sustain ability, an on-going planting program should go hand in hand with the removal of senescent trees. Some level of tree inventorywill make monitoring for this indicator easier. Small privately owned properties pose the biggest challenge for inclusion in a broad monitoring program. Species diversity is an important element in the long-term health of urban forests. Experience with species-specific peSts has shown the folly of depending upon one species. Unusual weather patterns and pests may take a heavy toll in trees In a city. It Is often recommended that no more than 10% of a clty's tree population consist of one species. Preserve and manage Where appropriate, preserving native trees in a regional biodiversity. community adds to the sustalnability 6f the urban Maintain the biological forest. Native trees are well-adapted to the integrity of native climate and support native wildlife. Replanting remnant forests. with nursery stock grown from native Maintain wildlife stock is an alternative strategy. Planting non- corridors to and from the native, invasive species can threaten the ability city. of native trees to regenerate in greenbelts and other remnant forests. Invasive species may require active control programs. species, sizes and ages that allows for continuity of benefits while trees are planted and removed (Table 1). forest is one that provides a continuous high level of net benefits including energy conservation, reduction of atmospheric contaminants, enhanced property values, reduction in storm water run-off, The vegetation resource of a sustainable urban Journal of Arboriculture 23(1): January 1997 23 Table 2. Criteria of urban forest sustainability for the Community Framework. Public agency cooperation Involvement of large private and institutional landholders Green industry cooperation Insure all city departments operate with common goals and objectives. Departments such as parks, public works, fi re, planning, school districts and (public) utilities should operate with cornmon goals and objectives regarding the city's trees. Achieving this cooperation, requires involvement of the city council and city commissions. Large private' Private landholders own and manage most of the landholders embrace city urban forest. Their interest in, and adherence to, wide goals and resource management plans is most likely to objectives through result from a community-wide understanding and specific resource valuing of the urban forest. In all likelihood, their management plans. their cooperation and involvement cannot be mandated. The green industry From commercial growers to garden centers and operates with high from landscape contractors to engineering professional standards professionals, the green industry has a and commits to city-wide tremendous impact on the health of a city's urban goals and forest. The commitment of each segment objectives. of this industry to high professional standards and their support for city-wide goals and objectives is necessary to ensure appropriate planning and implementation. Neighborhood Action At the neighborhood level, citizens understand and partiCipate In urban forest management. Neighborhoods are the building blocks of cities. They are often the arena where individuals feel their actions can make the biggest difference in their quality of life. Since the many urban trees are on private property (residential or commercial), neighborhood action is a key to urban forest sustainabillty. Citizen -government -All constituencies In the business interaction community interact for the benefit of the urban forest. Having public agenCies, private landholders, the green industry and neighborhood groups all share the same vision of the City's urban forest is a crucial part of sustainability. This condition is not likely to result from legislation. It will only result from a shared understanding of the urban forest's value to the community and commitment to dialogue and cooperation among the stakeholders. 24 Clark et al.: Urban Forest Sustainability Table 2. Criteria of urban forest sustainability for the Community Framework (continued) General awareness of The general public Fundamental to the sustainabllity of a city's urban trees as a community understands the value of forest is the general public's understanding of the resource trees to the community. value of its trees. People who value trees elect officials who value trees. In tum, officials who value trees are more likely to require the agencies they oversee to maintain high standards for management and provide adequate funds for implementation. Regional cooperation Provide for cooperation Urban forests do not recognize geographic and interaction among boundaries. Linking city's efforts to those of neighboring communities neighboring communities allows for consideration. and regional groups. and action on larger geographic and ecological issues (such as water quality and air quality). and social well-being. There are costs associated with the accrual of these benefits. Dead, dying and defective trees may fail and injure citizens or damage property. Some species may pose a health risk from allergenic responses. Others may compete with native vegetation and limit the function of naturally occurring fragments and systems. 2. Community framework. A sustainable urban forest is one in which the all parts of the community share a vision for their forest and act to realize that vision through specific goals and objectives (Table 2). It is based in neighborhoods, public spaces and private lands; At one level, this requires that a community agree on the benefits of trees and act to maximize them. On another level, this cooperation requires that private landowners acknowledge the key role of their trees to community health. Finally, in an era of reduced government service, cooperation means sharing the financial burden of caring for the urban landscape, 3. Resource management. In many ways, this component is not simply management of the resource but the philosophy of management as well (Table 3). On one hand, specific policy vehicles to protect existing trees, manage species selection, train staff and apply standards of care focus on the tree resource itself. In contrast, acceptance of a comprehensive management plan and funding program by city government and its constituents allows shared vision to develop. Cities must recognize that management approaches will vary as a function of the resource and its extent. A goal of maintaining native wildlife habitat may best be achieved. where there is a strong native forest resource. For some cities, this is simply not attainable. Similarly, management of the urban forest must exist in connection to the larger landscape (such as adjacent forests). For example, maintenance of intact riparian corridors requires the cooperation of the managing agency of the stream. Achieving Sustainable Urban Forests. A sustainable urban forest is founded upon community cooperation, quality care, continued funding and personal involvement. It is created and maintained through shared vision and cooperation with an ever-present focus on maximizing benefits and minimizing costs. Taken together, they acknowledge the need for shared vision and responsibility, for direct intervention with the resource and for programs of care that are on-going and responsive. The implementation of Journal of Arboriculture 23(1): January 1997 Table 3. Criteria of urban forest sustalnabllity for Resource Management. City-wide management Develop and implement plan a management plan for trees on public and private\ property. A city-wide management plan will add to an urban forest's sUstainabllity by addressing Important issues and creating a shared vision for the future of the community's urban forest. Elements may Include: species and planting Funding Staffing Assessment tools Protection of existing trees Species and site selection Develop and maintain adequate funding to implement a city-wide management plan. Employ and train adequate staff to implement a city-wide management plan. Develop methods to collect Infor!l1ation about the urban forest on a routine basis. Conserve existing resources, planted and natural, to ensure maximum function. guidelines; performance goals and standards for tree care; requirements for new development (tree preservation and planning); and specifications for managing natural and open space areas. Since urban forests exist on both public and private land, funding must be both public and private. The amount of funding available from both sources is often a reflection of the level of education and awareness within a community for the value of its urban forest. An urban forest's sustainability is Increased when all city tree staff, utility and commercial tree workers and arborists are adequately trained. Continuing education in addition to initial minimum skills and/or certifications desirable. Using canopy cover assessment, tree inventories, aerial mapping, geographic information systems and other tools, It Is possible to monitor trends in a city's urban forest resource over time. Protection of existing trees and replacement of those that are removed is most often accomplished through policy vehicles. Ordinances that specify pruning standards and/or place restrictions on the removal of large or other types of trees on public and private property and during development are examples. Provide guidelines and Providing good planting sites and appropriate specifications for species trees to fill themis crucial to sustalnability. use, on a context-Allowing adequate space for trees to grow and defined basis. selecting trees that a~e compatible with the site will reduce the long-and short-term maintenance requirements and enhance their longevity. Avoiding species known to cause allergenic responses is also important in some areas. 25 26 Clark et al.: Urban Forest Sustainability Table 3. Criteria of urban forest sustalnabillty for Resource Management (continued) Standards for tree care Adopt and adhere to professional standards for tree care. Sustainablllty will be enhanced by adhering to the professional standards such as the Tree Pruning Guidelines (ISA) and ANSI Z133 publications. Citizen safety Recycling Maximize public safety with respect to trees. Create a closed system for tree waste. In designing parks and other public spaces, public safety should be a key factor in placement, s'eleclion, and management of trees. Regular inspections for potential tree hazards is an important element in the management program. A sustainable urban forest Is one that recycles Its products by compost/ng, reusing chips as mulch and/or fuel and using wood products as firewood and lumber. Table 4. Criteria and performance Indicators for the Vegetation Resource. Criteria Performance indicators Key Objective Low Moderate Good Oplimal Canopy cover No assessment Visual assessment Sampling cftree Information on Achieve climate-appropriate degree of tree (I.e. photographic) cover using aerial urban forests cover, community-wide. photographs. included In crty- wide geographic Infonnallon system (GIS), Age '. distribution of trees No as,sessment Street tree public -private Included In clty-Provide for uneven age distribution. in community Inventory ssmplJng wide geographic (complete or Information sample) system (GIS), Species mix No assessment Street tree Clty·wlde Included In clty~ Provide tor species diversity. Inventory assessment of wide geographic species mix infonnatfon system (GIS), Native vegetation No program of Voluntary use on Requirements for Preservation of Pres9Ne end manage regional biodiversity. Integration publlo projects use of natlva regional Maintain the blologloallnlegrlty of native species on a biodiversity remant forests. Maintain wildlife corridors 10 project· and from the city. appropriate basis Journal of Arboriculture 23(1): January 1997 27 Table 5. Criteria and performance indicators for the Community Framework. Criteria Public agency cooperation Involvement of large private and Institutional land holders Green Industry cooperation Neighborhood action Citizen -government· bUsiness interacllon General awareness of trees as community resource Regional cooperation Performance Indicators Key Objective Low Moderate Good Optimal Conflicting goals No cooperation Informal working Formal working Insure all city departments operate with among teams teams wI staff common goals and objectives, departments coordination ignorance of issue No cooperation among'segments of Induslry (nursery, contractor, arborlst). No adherence to Industry standards. No action ConfHctlng goals among constituencIes Low --trees as problems; a drain on budgets Communities operate independently Education materials and advice available to land~holders General cooperation among nurseries- contractors ~ arborists, etc. Isolated and/or limited no. of active groups No Interaction among constituencies Model1'lte --trees as Important to community Communities share similar policy vehicles Clear goals for Land-holders Large private landholders embrace city-wide tree resource by develop goats and objectives through speCific private land-comp(ehensive resource management plans. hOlders; incentives tree management for preservation of plans (Including private trees funding) Specific Shared vision and The green Industry operates with high cooperative goals including the professional standards and commits to clty- arrangements use of wide goals and objectives. such as purchase professional certificates for standards. right tree, right place City-wide All neighborhoods At the neighborhood level, citizens coverage and organized and understand and participate in urban forest Interaction cooperating management. Informal and lor Formal AU constitUencies in the community interact general interaction, e,g .. for the benefit of the urban forest. cooperation tree board wI staff coordination High --trees Very high -. trees The general public understands the value of acknowledged to as vital trees to the community. provide components of environmental economy and services environment Regional planning Regional planning Provide for cooperation and Interaclton coordination among neighboring communities and andlor regional groups. management plans a model for urban forest sustainability would further redirect the traditional orientation of urban forest management away from municipal trees to the mix of public and private trees. in this task, we have described indicators of success for each criteria (Tables 4, 5, and 6). A city that meels the highest level of each indicator for each criteria would have the best lools and resources to achieve.sustainabillty. Achieving suslainability for urban forests involves meeting each of these criteria. To assist Our approach of developing criteria and 28 Clark et al.: Urban Forest Sustainability Table 6. Criteria and performance indicators for Resource Management. Criteria Performance Indicators Key Objective Low Moderate Good Optimal City-wide management plan No plan ExIsting plan limited In scope and implementation Government Mwlde Citizen -Develop and implement a management plan plan, accepted government -for trees and forests on public and private and implemented business resource property. management plan, accepted and Implemented City-wide funding Funding by crisiS management Funding to optimize exIsting population Adequate funding Adequate funding, Develop and maIntain adequate funding to to provide for net private and public. Implement a clly-wlde management plan. Increase In to sustain popl,llatlon and maximum care potential benefits City staffing No staff No training Certified arborisls Professional tree Employ and train adequate staff 10 on staff care staff Implement city-wide management platl. Assessment tools No on-going Partial Inventory program of Complete Inventory . Information on Develop methods to collect information urban forests about the urban forest on a rouli(1e basis. assessment indicators is patterned after that found in the Santiago Agreement (11 ) which suggested criteria and indicators for the conservation and sustainability of temperate and boreal forests. It recognized that both quantitative and qualitative (descriptive) indicators were needed, for not all criteria could be accurately measured. Conclusions· Maser suggested that ecological sustainability encompasses 4 ideals: 1. Providing a long-term balance between society and the resource, today and in the future. 2. Seeking to increase the overlap between societal desires and ecological possibilities. 3. Developing assessment tools for both the resource and its outputs (benefits, services). 4. Restoring ecosystems. Our model for urban forest sustainability adheres to these 4 ideals, placing them in an urban Included In cHy~ wide GIS context. It recognizes the nature of society in cities and encourages partiCipation at the broadest level. The model also acknowledges the need to foster regeneration, to provide for the continuity of the resource. Management of a sustainable urban forest is based upon a shared vision for the resource, in which goals and needs are balanced. Since sustainability is a general goal, we must be able to assess our progress relative to defined standards. Finally, we recognize that our actions, through such activities as development, will damage forests and their function. We accept the responsibility of restoration. Urban trees and forests are considered integral to the sustainability of cities as a whole (3, 8). Yet, sustainable urban forests are not born, they are made. They do not arise at random, but result from a community-wide commitment to their creation and management. Obtaining the commitment of a broad community, of numerous .constituencies, cannot be dictated or legislated. It must arise out of compromise and respect. While policy vehicles such as ordinances playa role in managing the Journal of Arboriculture 23(1): January 1997 29 Table 6. Criteria and performance Indicators for Resource Management (continued) Protection of existing trees No policy vehicle or policy not enforced Tree preservation Tree preservation ordinance present plan required for Integrated Conserve existing resources, planted and planning program nahnal. to ensure maximum function. and enforced all for conservation projects .... public, private, commercial, residential and development Species and site selection Arbitrary species prohibitions No consideration Identlfication/prohl On·golng use of Provide guidelines and specifications for adapted. hfgh~ species use, Including a mechanism for of undesirable bltian of species undesirable performing evaiuallng the site. species species with good. site -species match Standards for tree care None Standards for Standards for Standards part of Adopt and adhere to professional standards public tree care pruning, stOCk, community -wide for tree care. etc. for all trees vision Citizen safety Crisis Informal Comprehensive Safety part of cost Maximize public safety with respect to trees. management Inspectfons hazard (tallure, -benefit program tripping, etc.) program Recycling Simple disposal Green waste Green and wood Closed system --Creale a closed system tor tree waste. (i.e. land filling) of recycling waste recycllng-no outside green waste urban forest, developing cornmitrnent is probably rnore a function of education, awareness and positive incentives. This may represent our most significant challenge: to provide information that creates cornrnitrnent and guides action. This is not to Ignore the budgetary requirements for sustainable urban forests. It has long been our belief that if education were adequate, funding would soon follow. Despite the current state of funding, we must hold to this perspective. Finally, sustainable urban forests also require a viable resource base. While urban foresters and arborists have long felt confident in their ability to sustain the resource, we rnust acknowledge our limitations as well as our strengths. The optimal structure of urban forests, i.e. the arrangement of trees in a city, remains the subject of research. Our industry must strive to resolve conflicts such as quality of nursery stock, appropriate cultural practices and the match between site considerations and species selection. reuse disposal Literature Cited 1. American Forest and Paper Association. 1995. Sustainable Forestry Initiative. American Forest and Paper Association. Washington D.C. 2. Botkin, D. and L. Talbot. 1992. Biological diversity and forests. N.P. Sharma (Ed.), pp 47-74. In Managing the world's forests: Looking for balance between conservation and development. Kendall! Hall Publishing Co. 3. Center for the Study of Law and Politics. 1991. Urban Forestry. The Global Cities Project. San FranciSCO, CA. 112 pp. 4. Charles, A. 1994. Towards sustainabllity: The fishery experience. Ecological Economics 11 :201 -211. 5. Costanza, R. and B. Patten. 1995. Defining and predicting sustainability. Ecological Economics. 15:193-196. 6. Dehgl, D., T. Huffman and J. Culver. 1994. California's native Monterey pine popUlations: Potential for sustainability. Fremontia 23(1 ):14-23. 30 Forestry 7. Fitzsimmons, A. 1996. Stop the parade. BioScience 46 (2). 8. Gangloff, D. 1995. The sustainable city. American Forests. May/June 30-34, 38. 9. Gatto, M. 1995. Sustainabllity: Is it a well-defined concept? Ecologia (Soc. Italian a di Ecollgla) 16: 235-240. 10. Goodland, R. 1995. The concept of environmental sustainablllty. Annu. Rev. Ecology Systematics 26: 1-24. 11. Journal of Forestry. 1995. Sustaining the World's Forests -The Santiago Agreement. Criteria and indicators for the conservation and sustainable management of temperate and boreal forests. Journal of Forestry 93 (4):18-21. 12. Kaufmann, R. and C. Cleveland. 1995. Measuring sustalnability: needed -an Interdisciplinary approach to an interdisciplinary concept. Ecological Economics. 15: 1 09-112. 13. Keene, R. 1995. A dlrt-forester's perspective. American Forests. May/June 18, 60-61. 14. Maser, C. 1994. Sustainable Forestry - Philosophy, science and economics. St. Lucie Press. Delray Beach, FL. 373 pp. 15. Nowak, D., R. Rowntree, E. McPherson, S. Slslnnl, E. Kerkmann and J. Stevens. In preparation. Urban tree cover analysis. Submitted to Landscape and Urban Planning. 16. Salwasser, H. 1993. Perspectives on modeling sustainable urban forest ecosystems. D. LeMaster and R. Sedjo (ed.). pp 176-181. In: Modeling Sustainable Forest Ecosystems. Forest Policy Center. Washington D.C. 17. Sample, V. A 1993a. Building partnerships for ecosystem management on forest and range lands In mixed ownerships. Workshop synthesis. Forest Polley Center. American Forests. Washington D.C. 17 pp. 18. Sample, V. A (editor). 1993b. Defining sustainable forestry: Conference summary. Forest Policy Center. American Forests. Washington D.C. 17 pp. 19. Sampson, N., G. Moll and J. Kielbaso. 1992. Opportunities to increase urban forests and the potential impacts on carbon storage and conservation. R. N. Sampson and D. Hair (ed.). In: Forests and Global Change. Volume 1. Opportunities for Increasing Forest Cover. American Forests. Washington D.C: 20. Thompson, R., N. Pillsbury and R. Hanna. 1994. The elements of sustainability in urban forestry. California Department of Forestry and Fire Protection. Riverside, CA. 56 pp. Clark et al.: Urban Forest Sustalnability 21.wCED. 1987. Our common future. (The Brundtland Commission Report). Oxford University Press. Oxford England. 22. Webster, H. 1993. Some thoughts on sustainable development as a concept, and as applied to forests. Forestry Chron. 69:531-533. 23. Wlersum, K. F. 1995. 200 Years of sustalnabllity in forestry: Lessons from history. Environmental Management. 19(3):321-329. Acknowledgments. Thanks to Greg McPherson, Dave Nowak, Richard Rideout, Paul Rles, Ed Macie, and Ray Tretheway for their comments and suggestions. Funding for this project was provided by a grant from the National Urban and Community Forestry Advisory Council through the U.S.D.A. Forest Service Urban and Community Forestry Challenge Cost-share Program (No. G-5-94-20-095). HortSclence, Inc. P.O. Box 754 Pleasanton, CA 94566 and California ReLeaffThe Trust for Public Land 3001 Redhill Avenue Costa Mesa, CA 92626 Zussammenfassung. Das Modell des slch selbsterhaltenden Stadtwaldes wendet allqemeine Prinzipien der Selbsterhaltung auf stil.dtische Bil.ume und Wil.lder an. Sich selbst erhaltende Stadtwil.lder erfordern eine qesunde Herkunft der Pflanzen, kommunale UntarstOtzung und ain umfassendes Management. Die Kriterien und Indikatoren, um diesen Status zu OberprOfen werden hler vorgestellt. Dasdeutllchste Resultat eines sich selbst erhaltenden Stadtwaldes bestehl darin, einen maxirnalen Grad an umwellbezogenen, iikologischen, sozialen und okonomischen VorzOgen zu erreichen.