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R94-56 09-26-94RESOLUTION NO. R94-56 ARESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS ASSOCIATED WITH A SMALL BUSINESS ADMINISTRATION TREE PLANTING GRANT THROUGH THE TEXAS FOREST SERVICE, AND COMMITTING RESOURCES, AND AUTHORIZING TREE PLANTING ON THE SITE. WHEREAS, the City Council desires to participate in a program to plant trees on city property utilizing small businesses as much as possible; and WHEREAS, the City of Pearland has successfully submitted a grant application to the U.S. Small Business Administration's Tree Planting grant Program;and WHEREAS, the City Council agrees to comply with all program rules as set out in the grant agreement and grant program guidelines. BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Manager is authorized to execute all agreements, Attachment A, associated with the Small Business Administration and Texas Forest Service's Tree Planting Program. Section 2. That the City Council authorizes tree planting in the city's Hyde Park. Section 3. That the City Council commits to providing its share of the project costs ($13,035) through both "In-kind" services and cash donations as described in the grant application. PASSED, APPROVED, and ADOPTED this the ~ day of ~/~_~~.D., 1994. MAYOR RESOLUTION NO. R94-56 ATTEST: APPROVED AS TO FOIhM: S cCULLOUGH ATTACHMENT A Federal Program CFDA Number: 59.0~5 Period: 10-01-94 to 8-31-98 Grant Number: Grant Amount: Local Match: 94-07-03 $12,840 $13,035 SBA National Tree Planting Program A Cooperative Program Between the Texas Forest Service and the U.S. Small Business Administration GRANT AGREEMENT This Grant Agreement is hereby entered into by and between the Texas Forest Service (TFS), a Member of The Texas A&M University System, and the City of Pearland, located in Pearland, Texas, hereafter referred to as 'Grantee.' Article 1. The purpose of this grant is to assist the Grantee with the purchase, planting, and care of 100 trees, of the sizes, species, and at the locations listed on the approved grant applitation. All funds must be used for this purpose and any modifications must be requested in writing and approved by the TFS. Grantee must raise the entire balance of funds necessary to complete the budget as proposed, from non-federal sources. Article 2. The $12,840 grant shall be paid on a reimbursement basis upon submission of approved cost records AND upon passing the field inspection by a TFS Forester. The amount paid will equal 49.6% of the approved project expenditures, not to exceed the full amount of the grant. The Grantee shall be responsible for a local match of at least $13,035, of which $5,000 will be cash and the remainder will be in-kind donations. Article 3. The Grantee shall only let contracts associated with this grant to firms with 100 or fewer employees. All grant funds must be used for payments to small businesses for trees, planting services, and other materials and services relating to the establishment and maintenance of trees planted through this grant. Article 4. All landscape and shade tree planting included in this grant must be completed between November 30, 1994 and April 30,' 1995, and palm tree planrings must be installed between March 1, 1995 and August 31, 1995. These trees must be planted on lands owned or controlled by local or state governments, and according to the specifications of Exhibit A. Article 5. The Grantee is responsible for maintaining all trees planted through this grant for three full years following planting, as detailed in Exhibit A. The Grantee must replace any dead trees within the period of this Agreement if the number of live trees falls below 90% of the original number planted and included in project cost reports. -2- Article 6. The Grantee must provide the TFS with an official resolution passed by its governing body that authorizes its representative to execute any agreements associated with this grant and commits the organization to the matching contribution as proposed in the grant application and listed above. Article 7. The Grantee must provide the TFS with a resolution or letter from the governing body of the entity that owns or controls the property' where the trees are to be planted. This document must grant permission to the Grantee to install this planting and commit to providing reasonable protection for the trees. Article 8. The Grantee shall be responsible for providing proof of payment records for all purchases and in-kind contributions. These include source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract documents, and third party donations. Article 9. Applicable federal cost principles (attached OMB A-87 for governments or OMB A-122 for nonprofit groups), federal program regulations (attached Code of Federal Regulations for Business Credit and Assistance) and the Grantee's grant application will be followed in determining reasonableness, allowability and allocation of costs. Article 10. The Grantee agrees to comply with all applicable federal laws, as specified in the attached Assurances and Certification. Grantee's procurement procedures must conform to standards defined in attached Code of Federal Regulations for Business and Credit Assistance. Article 11. The Grantee shall submit a project performance and financial report (and a copy of the Federal Single Audit report, if required) within 60 days of project completion or by October 31, 1995, whichever comes first. Cost records must be re6ained for three years following conclusion of the project and after other pending matters are closed. Article 12. The State Forester and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of subgrantee which are pertinent to the grant in order to make audits, examinations, excerpts, and transcripts. Article 13. If a Grantee materially fails to comply with any term of this award, as stated above, the TFS may temporarily withhold cash payTnents pending correction of the deficiency by Grantee, disallow all or part of the cost of the activity or action not in compliance, wholly or partly suspend or terminate the current award for the Grantee, withhold further awards for the program, demand repayment of the grant, or take other legally available remedies. -3- Article 14. Except as provided in Article 11, awards may be terminated in whole or part only as follows: a) By the TFS with the consent of the Grantee in which case the two parties shall agree upon the termination conditions and, in the case of partial termination, the portion to be terminated. b) By the Grantee upon written notification to the TFS, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. Article 15. The Grantee agrees to hold the Texas Forest Service (TFS) harmless from any injury to person or property occurring in connection with project operations by Grantee, its agents, or employees. Acceptance: We accept this grant subject to the terms and provisions stated above. Grantee: Signature CTTYNANAGF~ Title CITY OF PF/RTAND Organ i z a t i on SEPTEMBER 28, 1994 Date Grantor: State Forester Texas Forest Service Date SBA Tree Planting Program Grant Agreement -- Exhibit A Specifications for Tree Planting Projects Logistical Requirements There must be a site plan map that adequately describes the location of the trees in the project, along with existing features such as other trees, buildings, roads, and utility lines. The plan must conform to municipal or state highway safety codes, if applicable, and sites on state highway rights-of-way must meet TxDOT maintenance requirements. Note: accurate site plans must be submitted to the inspecting TFS forester at the time of planting before any grant payments will be made. If the trees are to be planted on city, county, or state property, the applicant must provide a resolution from the landowner's governing body endorsing the project. Design features not eligible for cost sharing are listed below. These items may be included in the project design, but their design and installation cost may not count towards the applicant's local match contribution. a) Shrubs, turf, and complimentary ground cover. b) Flag poles or pennant poles; statues 9r .other art work; fountains or other water features; lights and benches; jogging, bicycle, or walking paths; and trash receptacles. Only irrigation systems designed to provide water to individual planted trees are eligible for cost sharing. Lawn sprinkler systems do not qualify for this program. Trees must be maintained for three years following planting. Any tree mortality that brings the number of trees below 90% of the number originally planted must be replaced, although this cost may be applied to the applicant's local match contribution. No grant funds may be used to purchase replacement trees. Tree Planting & Maintenance Specifications Plant Material Selection 1. Refer to the approved species list contained in the application guide (Trees Recommended for Texas). Only tree species for your urban forestry region should be included in your grant proposal. Exceptions to this list will be considered on a case-by-case basis by the TFS Forester and approved in writing. TF~e prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibiliry and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decided the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. Nothing contained in the foregoing shall be consumed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these insauctions, if a participant in a covered transaction with a person that has been suspended, debarred, iiaetigible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the deparUnent or agency may terminate this transaction for cause or default. Certification Regarding Debarment. Suspension, and Other Responsibility, Matters -Primarv Covered Transactions (1) The prospective primary. participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarmerit, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (E) notifying the granting agency within 10 days after receiving notice of a conviction under subparagraph (D)(ii) from an employee or otherwise receiving actual notice of such conviction; (F) taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted-- (i) taking appropriate personnel action against such an employee, up to and including termination; or (ii) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (G) making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraphs (A), (B), (C), (E), (F), and (G). The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with the specific grant; Place of Performance (Street Address, City, County, State and zip code) 72211~.STIfflNTSTRR CITY OF PFARIAhq}, BRAZORIA COUlCTY TRXAS, 77581-5416 The applicant hereby certifies that, as a condition of this grant, he/she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance in conduction any activity with such grant. Appendix D - Certification ReEardinE LobbyinE Certification for Contracts, Grants, Loans. and Cooperative AEreements The undersigned certifies, to the best of his/her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned; to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of and Federal contract, thc making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, rene3,val, amendment, or modificationof any__ _ Federal contract, grant, loan; or cooperative agreement.