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HomeMy WebLinkAboutDoc 162 - Native Seed Bank MOUDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of March 30, 2011 DATE: March 15, 2011 FROM: Dan Sherwin Road 541-322-7135 TITLE OF AGENDA ITEM: Consideration of Chair Signature of Document Number 2011-162, a Memorandum of Understanding regarding the Deschutes Basin Native Plant Seedbank. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The purpose of this memorandum of understanding is to outline terms and conditions under which the Deschutes Basin Native Plant Seedbank will establish partnerships and coordinate activities necessary to develop native plant seed supplies for the long-term protection and use of local native plant germplasm (the genetic material of a species or population) in the Deschutes and John Day Basins. Goals of the Deschutes Basin Native Plant Seedbank (DBNPS) are to collect, propagate, store and make available seeds of common restoration species to federal, state and local agencies; non-profit organizations; and private companies and landowners involved in restoration and revegetation activities in the Deschutes and John Day Basins. DBNPS will coordinate management, sale and inventory of native seeds, facilitate cooperation between partners and users of the Seedbank and secure funding for the continuation of the work of the DBNPS. The Seedbank partners will provide educational opportunities to its members, land managers, property owners, and the public on benefits of native plants; their use and seeding guidelines. In 2006, a formal agreement, Memorandum of Understanding was drafted and signed by 20 cooperators. This agreement, which expired in 2010, was originally funded by a Forest Service grant that was coordinated and facilitated by the County Vegetation Manager. This is a five-year agreement through December 31, 2015 and has non-profit status (501-3c). The native seedbank partners would like to expand to the John Day Valley. Agencies and landowners in the John Day area are eager to use native seed from there area for future restoration projects. FISCAL IMPLICATIONS: None. This MOU is neither a fiscal document nor a funds obligation document. Any endeavor involving reimbursement of contribution of funds will be outlined in separate agreements. RECOMMENDATION & ACTION REQUESTED: Move approval of Chair signature of Document Number 2011-162, a Memorandum of Understanding for the Deschutes Basin Native Plant Seedbank. ATTENDANCE: Dan Sherwin, Vegetation Manager and Tom Blust, Director Road Department DISTRIBUTION OF DOCUMENTS: One orginal to Berta Youtie, PO Box 606, Prineville, Or 97754 and a copy to Dan Sherwin, Deschutes County Road Department DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form i5 required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Fomi is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Date: March 15, 2011 Please complete all sections above the Official Review line. Contractor/Supplier/Consultant Name: Corporation Contractor Contact: 8166 Berta Youtie Department: ,Road, 'Eastern Oregon Stewardship Services Contractor Phone #: 541 -447 - Type of Document: Memorandum of Understanding - Deschutes Basin Native Plant Seedbank. Goods and/or Services: The purpose of this memorandum of understanding is to outline terms and conditions under which the Deschutes Basin Native Plant Seedbank will establish partnerships and coordinate activities necessary to develop native plant seed supplies for the Tong -term protection and use of local native plant germplasm (the genetic material of a species or population) in the Deschutes and John Day Basins. Goals of the Deschutes Basin Native Plant Seedbank (DBNPS) are to collect, propagate, store and make available seeds of common restoration species to federal, state and local agencies; non-profit organizations; and private companies and landowners involved in restoration and revegetation activities in the Deschutes and John Day Basins. DBNPS will coordinate management, sale and inventory of native seeds, facilitate cooperation between partners and users of the Seedbank and secure funding for the continuation of the work of the DBNPS. The Seedbank partners will provide educational opportunities to its members, land managers, property owners, and the public on benefits of native plants; their use and seeding guidelines. Background & History: History of the Deschutes Basin Native Plant Seedbank Acquiring native seed from genetically, local sources to use in restoration and revegetation projects on western U.S. wildlands requires long term planning and collaboration. Grass and forb seed of local provenance is difficult to locate in the marketplace and in many cases is more expensive than non-native and native cultivars. There are many benefits to using seed of local origin: they assist in returning more normal fire intervals and fuel loading; use less water; provide food sources for native insects, birds and other wildlife; compete with weeds; are Tess likely to be invasive or overly competitive with other native vegetation; protect biodiversity and stewardship of our natural heritage and are more genetically diverse and therefore able to adapt to changing climate and environmental conditions. In order to develop native seed for restoration in an efficient and economic way, a partnership was formed within the Deschutes Basin of Central Oregon. 3/17/2011 The Deschutes Basin Native Plant Seedbank (DBNPS) formed as a collaboration of over 20 partners to collect, propagate, store, and provide local seed of common restoration species to federal, state, local agencies; non-profit organizations; private companies and landowners involved in restoration and revegetation activities in the Deschutes Basin. The Seedbank secures funding, coordinates contract growers, distributes seed, facilitates cooperation between formal partners and other users of the Seedbank and provides educational opportunities concerning the benefits of native plants, their use and seeding guidelines. In 2006, a formal agreement, Memorandum of Understanding (MOU), was drafted and signed by the cooperators. In the preceding years the organization accomplished many of its goals: we wild collected and contracted native seed farmers to grow seed of eight species (six grasses and two forbs); we designed and distributed 15,000 brochures to provide guidelines for seeding native species; we sold over 8,000 pounds of seed to approximately 70 customers for a price of $12 to $24 USD/Ib.; and secured funding for our operating budget by receiving federal and state grants, donations and seed sales. All available seed was sold each year. In 2008 after a couple years of successful operations, the Seedbank formed a non- governmental, non-profit organization (NGO). DBNPS is similar to a buyers cooperative providing relatively affordable, local seed of bluebunch wheatgrass, (Pseudoroegneria spicata), bottlebrush squirreltail (Elymus elymoides), Basin wildrye (Leymus cinereus), Sandberg's bluegrass (Poa secunda), Idaho fescue (Festuca idahoensis), Thurber's needlegrass (Achnatherum thurberianum), western blue flax (Linum lewisii), and western yarrow (Achillea millefolium). Species for collection and propagation were selected by a majority vote of the partners. Wild collections incorporated the diversity within the Basin; elevation, slope and soil conditions. The Seedbank has proven to be an effective model for other regions interested in creating partnerships for developing native plant materials. The DBNPS would like to expand. We will be contracting to grow more forb species. Several of our existing partners have suggested we expand our local seed selections to include seed from the John Day Valley. Our Board has agreed and a grant is pending to the National Fish and Wildlife Foundation to acquire funds to begin collecting and growing John Day Valley, local source, common bunchgrasses. The original MOU expired at the end of 2010 and we are adopting a new version to include the John Day Valley with new partners. Agreement Starting Date: March 15, 2011 Annual Value or Total Payment: N/A Ending Date: Insurance Certificate Received (check box) Insurance Expiration Date: NIA December 31, 2015 3/17/2011 Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) ® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ❑ Yes ® No If No, has budget amendment been submitted? ❑ Yes ® No Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No Special conditions attached to this grant: Deschutes County Road Department will distribute and utilize seedbank resources and serve in an advisory capacity. Deadlines for reporting to the grantor: This Memorandum of Understanding terminates on December 31, 2015. If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes ® No Contact information for the person responsible for grant compliance: Name: Dan Sherwin Phone #: 541-322-7135 Departmental Contact and Title: Tom Blust Phone #: 541- 322-7105 Department Director Approval: Signature Pate Distribution of Document: One orginal to Berta Youtie, PO Box 606, Prineville, Or 97754 and a copy to Dan Sherwin, Deschutes County Road Department Official Review: County Signature Required (check one): 0 BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Date Document Number DC 2011 ' 1.6 7- ) 3/17/2011 Deschutes Basin Native Plant Seedbank Memorandum of Understanding I. Cooperators This memorandum of understanding was made and entered into by the following cooperators of the Deschutes Basin Native Plant Seedbank (DBNPS), a non-profit 501 c (3), as a collaborative effort to increase the availability of genetically local, native seed for revegetation in the Deschutes and John Day Basins in Oregon: Deschutes County Crook County Weed Control Jefferson County Weed Control Deschutes County Soil and Water Conservation District (SWCD) Wheeler County Soil and Water Conservation District Deschutes River Conservancy Deschutes Land Trust (DLT) Upper Deschutes Watershed Council Crooked River Watershed Council North Fork John Day Watershed Council North Fork John Day Cooperative Weed Management Area (WMA) Crooked River Weed Management Area (WMA) The Nature Conservancy of Oregon (TNC) Oregon Natural Desert Association Confederated Tribes of the Warm Springs Reservation of Oregon Bureau of Land Management, Prineville District (BLM) Deschutes National Forest/Region 6 Seed Extractory Ochoco National Forest/Crooked River National Grassland Malheur National Forest Umatilla National Forest National Park Service -John Day Fossil Beds National Monument United States Fish and Wildlife Service (USFWS) Natural Resource Conservation Service (NRCS) Oregon Department of Transportation (ODOT) Oregon State University Extension Service City of Bend Bend Parks and Recreation District Eastern Oregon Stewardship Services Portland General Electric (PGE) Local Native Plant Nurseries and Restoration Service Practitioners* Winter Creek Restoration Clearwater Native Plant Nursery Botanical Development Deschutes Native Seed Resources *Other local nurseries or practioners involved in native plant restoration are encouraged to join. 1 II. Purpose The purpose of this memorandum of understanding is to outline terms and conditions under which the Deschutes Basin Native Plant Seedbank will establish partnerships and coordinate activities necessary to develop native plant seed supplies for the long-term protection and use of local native plant germplasm (the genetic material of a species or population) in the Deschutes and John Day Basins. III. Goals Goals of the Deschutes Basin Native Plant Seedbank (DBNPS) are to collect, propagate, store and make available seeds of common restoration species to federal, state and local agencies; non-profit organizations; and private companies and landowners involved in restoration and revegetation activities in the Deschutes and John Day Basins. DBNPS will coordinate management, sale and inventory of native seeds, facilitate cooperation between partners and users of the Seedbank and secure funding for the continuation of the work of the DBNPS. The Seedbank partners will provide educational opportunities to its members, land managers, property owners, and the public on benefits of native plants; their use and seeding guidelines. IV. Effective Date and Termination This MOU shall take effect on April 30, 2011 and shall terminate on December 31, 2015. This MOU may be terminated prior to the stated termination date or renewed for a period of time after the stated termination date by written amendment to this MOU executed by a majority of the then -current members of DBNPS. V. Agreements a. Each party (cooperator) shall appoint one representative to participate in the Deschutes Basin Native Plant Seedbank. This group will meet as needed to review progress, identify and adjust future DBNPS activities, funding needs and opportunities. b. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement of contribution of funds will be outlined in separate agreements. c. This is a long-term endeavor, extending five years with renewable options. d. Any partner may terminate its participation in this MOU at any time by providing written notice to the other then -current members of DBNPS of the party's intent to terminate its participation in this MOU and DBNPS at least thirty (30) days prior to the termination date stated in the party's notice of intent to participate The termination by a party of its participation in this MOU and the DBNPS shall not affect any obligations, if any, of the 2 party with respect to this MOU and the DBNPS arising prior to the party's termination of its participation in this MOU and the DBNPS. e. Additional parties may be added to the DBNPS at any time upon written approval of a majority of the then -current members of DBNPS. Any party approved for membership in the DBNPS shall be required to execute this MOU prior to the party's participation in the DBNPS. VI. Roles of Cooperators: COOPERATOR "� ';,f „�r�{'k rnFCTIONS } sdr Deschutes County Distribute, promote, utilize seedbank resources and serve in an advisory capacity. Crook County Weed Control Promote and utilize seedbank resources. Serve in an advisory capacity. Jefferson County Weed Control Promote and utilize seedbank resources. Serve in an advisory capacity. Deschutes County SWCD Promote and utilize seedbank resources. Serve in an advisory capacity. Wheeler County SWCD Promote the use of seedbank resources, and serve in an advisory capacity. Deschutes River Conservancy Promote the use of seedbank resources and serve in an advisory capacity. Deschutes Land Trust Utilize seedbank resources, allow for seed collection on DLT lands, and serve in an advisory capacity. Upper Deschutes Watershed Council Promote and utilize seedbank resources. Serve in an advisory capacity. Crooked River Watershed Council Promote and utilize seedbank resources. Serve in an advisory capacity. North Fork John Day Watershed Council Promote and utilize seedbank resources. Serve in an advisory capacity. North Fork John Day Cooperative WMA Promote and utilize seedbank resources. Serve in an advisory capacity. Crooked River Weed Management Area Promote and utilize seedbank resources. Serve in an advisory capacity. The Nature Conservancy of Oregon Utilize seedbank resources, allow for seed collection on TNC lands, and serve in an advisory capacity. Oregon Natural Desert Association Promote and utilize seedbank resources. Serve in an advisory capacity. Confederated Tribes of the Warm Springs Promote and utilize seedbank resources. Serve in an advisory capacity. 3 Bureau of Land Management (Prineville District) AIIow for seed collection on BLM managed lands with proper permit. Utilize seedbank resources, provide seed storage facilities as needed and serve in an advisory capacity. More formal agreements will be developed if needed. Deschutes, Ochoco, Malheur and Umatilla National Forests AIIow for collection on USFS managed lands with proper permit. Utilize seedbank resources and serve in an advisory capacity. If needed other formal agreements will be developed. NPS -John Day Fossil Beds National Monument AIIow for collection on NPS managed lands with proper permit. Utilize seedbank resources and serve in an advisory capacity. If needed other formal agreements will be developed. US Fish and Wildlife Service (Central Oregon) Promote and utilize seedbank resources and serve in an advisory capacity. Natural Resources Conservation Service Promote and utilize seedbank resources. Serve in an advisory capacity. Oregon Dept. of Transportation Utilize seedbank resources and serve in an advisory capacity. OSU Extension Service Promote seedbank resource use to growers and other landowners. Serve in an advisory capacity. City of Bend Utilize seedbank resources and serve in an advisory capacity. Bend Parks and Recreation District Utilize seedbank resources and serve in an advisory capacity. Eastern Oregon Stewardship Services Provide leadership, coordination, administrative services for the DBNPS. A more formal agreement may be needed. Portland General Electric Utilize seedbank resources, assist with fund raising, and serve in an advisory capacity. Native nurseries and restoration practitioners Promote and utilize seedbank resources. Serve in an advisory capacity. VII. Compensation It is understood and agreed that this agreement does not obligate any of the parties to make any financial contribution to DBNPS or to any parties participating in the DBNPS. To the extent that Eastern Oregon Stewardship Services (EOSS) provides administrative services to or on behalf of DBNPS, such administrative services shall be provided by EOSS at no cost to any of the other participating parties and to the extent that any party contributes money, services, personnel and/or equipment to DBNPS, the provision of any such money, services, personnel and/or equipment shall be considered a voluntary contribution by that party and shall be provided at no cost to any other party. VIII. Partnership This MOU is intended to create a cooperative relationship between the parties but is not intended in any way and shall not create any form of business partnership, joint venture or agency between or among any of the parties of the MOU. 4 IX. Indemnification It is the intent of this MOU that each participating party shall be solely responsible for the acts or failures to act of that party's officers, employees and agents. To the extent permitted by Article XI of the Oregon Constitution and by Oregon Tort Claims Act, each party shall hold harmless, defend and indemnify all other parties to this MOU against liability for any and all claims, actions, or causes of action arising from the acts or failures to act of that party. X. Non -Exclusive Agreement This MOU is not intended to be the exclusive agreement among the parties. Any party may enter an additional agreement or agreements with any other party or parties. XI. Signatures: Deschutes County Chair Date Crook County Weed Control Date Jefferson County Weed Control Date Deschutes County SWCD Date Wheeler County SWCD Date Deschutes River Conservancy Date Deschutes Land Trust Date Upper Deschutes Watershed Council Date Crooked River Watershed Council Date 5 North Fork John Day Watershed Council Date North Fork John Day Cooperative WMA Date Crooked River Weed Management Area Date The Nature Conservancy of Oregon Date Oregon Natural Desert Association Date Bureau of Land Management Date Prineville District Office Deschutes National Forest/ Date Region 6 Seed Extractory Ochoco National Forest/ Crooked Date River National Grasslands Malheur National Forest Date Umatilla National Forest Date Confederated Tribes of the Warm Springs Date NPS -John Day Fossil Beds N.M. Date 6 US Fish and Wildlife Service Date Central Oregon Office Natural Resource Conservation Service Date Deschutes Basin Office Oregon Department of Transportation Date District 10 Office OSU Extension Service Date Central Oregon Office City of Bend Date Bend Parks and Recreation District Date Eastern Oregon Stewardship Services Date Portland General Electric (Portland Office) Date Winter Creek Restoration Date Clearwater Native Plant Nursery Date Botanical Development Date Deschutes Native Seed Resources Date 7