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R94-05 01-24-94RSSO~UT~ON NO, R94-5 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY AGREEMENTS RELATED TO A GRANT REQUEST TO THE TEXAS FOREST SERVICE FOR A SMALL BUSINESS ADMINISTRATION TREE-PLANTING GRANT FOR A PROJECT TO BE UTILIZED AT AN AREA WHERE THE CITY HALL COMPLEX AND SHADYCREST ELEMENTARY SCHOOL ARE LOCATED; AND GIVING NECESSARY ASSURANCES REGARDING THE COST SHARE OF SAID PROJECT. WHEREAS, grants are available through the Texas ForeSt Service from the Small Business Administration's Tree Planting Grant Program; and, WHEREAS, it is beneficial and in the public interest for the City of Pearland to execute an application for a grant to plant trees on public and school property; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OFT HE CITY OF PEARLAND, TEXAS: Section 1. That the CityManager is authorized to execute an application to the Texas Forest Service for a Small Business Administration Tree Planting Grant. Sectiom 2. That the Small Business Administration is assured that the local cost share of $15,366.00 ($9,776.00 as In- kind contributions and $5,590.00 as cash contribution) will be provided by the City of Pearland. PASSED, APPROVED, and ADOPTED by the City Council of the City of Pearland, Texas this a ~ day of ~~_~9~jj/~, A.D., 1994. MAYOR ATTEST: APPROVED AS ~O F : D I . Grant Number 93-07-21 Date Approved 10-01-93 Amount S30.000 Period 9-30-96 Small Business Administration National Tree Planting Program A Cooperative Program Between the U.S. Small Business Administration and the Texas Forest Service GRANT AGREEMENT This Grant Agreement is hereby entered into on this 1st day of October, 1993, by and between the Texas Forest Service (TFS , a part of The Texas A&M University System, and the City of Pearland, Texas, hereafter referred to as "Grantee." Purpose:. The purpose of this grant is to assist the Grantee with the purchase, planting, and care of 200 trees of several species at the city hall complex and Shadycrest Elementary School. Trees will be hand-watered and maintained by parks department personnel. Article 1. The grant will be paid as a lump-sum cash advance upon written request of the Grantee no more than thirty days prior to the start of the project. The Grantee will be responsible for a match of not less than $15,366, of which $5,590 will be cash and the remainder will be inlkind donations. Article 2. All landscape and shade tree planting included in this grant must be completedby April 30, 1994, and palm tree planrings must be completed by September 30, 1994. These trees must be planted on lands owned or controlled by local or state governments. Article 3. The Grantee will not let contracts associated with this agreement to firms with more than !00 employees. All funds provided by this grant 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. The Grantee is responsible for maintaining all trees planted through this grant, as detailed in the attached Tree Planting and Maintenance Agreement. The Grantee must replace dead trees within the period of this agreement if the number of live trees falls below 90% of the original number planted and stated in the Purpose of this agreement. Article 5. The Grantee must provfde the TFS with a resolution or letter from the respective governing body authorizing its representative to execute agreements associated with this grant and committing that organization to its share of the cost of the project as proposed in the grant application. Article 6. The Grantee must provide the TFS with a resolution or letter from the governing body or its agent that owns the property where the trees are to be planted granting permission to the Grantee to install this planting and committing itself to providing reasonable and appropriate protection for these trees. Article 7. All funds must be used for the purposes stated in the grant application dated July 28, 1993. Any modifications to this grant agreement must be requested in writing and approved by the TFS. Article 8. Grantee must raise the entire balance of cash and in-kind resources necessary to complete the budget as proposed using non-federal sources, and do so within the grant period. Article 9. Applicable federal cost principles (attached OMB A-87), 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. Accounting records must be supported by source documentation, including' cancelled checks, paid bills, payrolls, time and attendance records, and contract documents. This includes documentation of third-party in-kind contribution. This valuation must conform to federal guidelines as defined in the attached documents. Article 10. Grantee's procurement procedures must conform to applicable federal law and standards as defined in attached federal administrative requirements for grants. Article 11. The Grantee is responsible for performance and financial reports as requested by the TFS. The initial report will be due 60 days following completion of the tree planting, or October 31, 1994, whichever comes first. Subsequent reports on survival and maintenance will be due annually in September. Article 12. Records must be retained for three. years following conclusion of the project and after other pending matters are closed. Article 13. 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 14. If a Grantee materially fails to comply with any term of this award, the TFS may temporarily withhold cash payments pending correction of the deficiency by Grantee, require repayment of cash advance, disallo~ 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, or take other legally available remedies. Article 15. Except as provided in Article 14, 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 16. The TFS reserves the right to demand repayment of all or part of the grant funds due to insufficient match on the part of Grantee, disailowment of cost items, failure to follow the tree planting and maintenance guidelines, or termination of all or part of the project. Article 17. The Grantee agrees to comply with all the assurances and certifications mandated by federal law and specified in the attachment, "Assurances and Certifications." Article 18. This contract is executed in Brazos County, Texas, this 1st day of October, 1993. Acceptance: We accept this grant subject to the terms and provisions stated above. Grantee: , " Paul G~ohman City Manager City of Pearland Dane Grantor: ~~Bruce-R.~Miles State Forester Texas Forest Service Date Small Business Administration National Tree Planting Program A Cooperative Program Between the U.S. Small Business Administration and the Texas Forest Service ,Tree Planting and Maintenance Agreement On this 1st day of October, 1993, the City of Pearland, hereinafter referred to as "Grantee," enters into an agreement with the Texas Forest Service, a part of The Texas A&M University System, to plant and maintain trees under this cooperative project in accordance with the following terms: Article 1. The Grantee agrees to hold Texas Forest Service (TFS) harmless from any injury to person or property occurring in connection with operations by Grantee, its agents or employees, under this agreement. Article 2. The Grantee will provide a site plan and map that describes the project sufficiently to identify the trees to be planted and other related improvements. The plan must conform to municipal or state highway safety codes. Article 3. Trees will be planted according to the following specifications. Any deviation from these specifications must be approved in writing by the TFS. Section 1. No tree which will attain a mature trunk diameter greater than 12 inches will be planted in a tree lawn less than 4 feet wide. Trees will not be planted within 30 feet of a cross-street intersection or within 15 feet of driveways and alleys. Trees will not be planted in a location that will obstruct visibility of traffic control signs. Trees will not be planted within 10 feet of utility poles or fire hydrants. Only trees with a mature height less than 30 feet will be planted under utility lines. Large trees (mature height greater than 60 feet) should be planted 40-60 feet'apart, except in the Rolling Plains and Mountain West regions, where the minimum spacing will be 30 feet. Medium trees (mature height between 30 and 60 feet) should be planted at least 35 feet apart, except in the Rolling Plains and Mountain West regions where the minimum spacing will be 25 feet. Small trees (mature height less than 30 feet) should be planted at least 25 feet apart. Trees may be planted at cIoser spacings than specified if they are free to grow on at least two sides. -2- Section 2. All trees to be transplanted must be balled and burlapped,' or container grown, or moved with an appropriately- sized tree spade. Trees should be planted plumb and no deeper than previously grown. Hole dimensions are as follows: Ball size Minimum hole Minimum hole diameter x depth diameter at diameter at (inches) bottom (inches) top (inches) 12 x 12 24 36 18 x 16 30 42 24 x 18 36 48 30 x 21 48 60 36 x 24 54 66 Except for pruning to remove dead or injured branches and water sprouts, no other pruning is permitted during transplanting unless approved by the TFS. The lower trunk of thin-barked trees exposed to the sun must be wrapped with commercially available tree wrap to protect it from damage. The wrap must be removed at the end of the first growing season. Transplanted trees must be staked the first year to help the tree become established. Some flexibility must be provided to allow the stem and root system to develop strength. For trees 2-6 inches in diameter, use two stakes of either wood (2" x 2" x 5') or metal. Stakes must not be driven through the root ball. Stakes must be removed the second year. Attach the tree to stakes with wide plastic or nylon straps, wire should not touch the tree. Section 3. Only tree species from the TFS list "Trees Recommended for Texas" may be planted. Exceptions to this list will be considered on a case-by-case basis in writing by the TFS. The minimum tree size is 1-1/4" in caliper and palms must have a minimum trunk height of 8 feet. Minimum size specifications for balled-and-burlapped and container-grow~ plant material are as follows: Tree size Minimum diameter (Caliper-inches) ball (inches) 1-1/4 18 1-1/2 20 1-3/4 Z2 2 24 2-1/2 28 3 32 4 42 OR Minimum container size 15 gallon 15 gallon 30 gallon 30 gallon 45 gallon 95 gallon (24" box) 95 gallon (24" box) -3- Section 4. Trees other than palms may only be planted November through April. Balled and burlapped trees should be planted as soon as possible after digging, but if trees must be stored, bury root balls in wood chips or similar material to prevent root systems from drying out. Section 5. Newly planted trees require special attention during the first three growing seasons. a) Ample soil moisture must be maintained throughout the first and second growing seasons. Supplement natural rainfall with 1 inch of water every 7 days May through September the first year, and every 14 days May through September the second year. Watering can be skipped if natural rainfall totals 1 inch or more since the last scheduled watering. Since overwatering can be detrimental to the tree's health, the supervisor should examine the soil (feel the upper layer) for evidence of ample moisture. b) Mulching aides water retention, moderates soil temperature and provides a favorable environment for microorganisms. A layer of mulch 3 to 4 inches deep is required over the entire planting area at the time of planting. Mulch should be pulled away from direct contact with the trunk. Mulch may be either granules/chunks of bark, wood chips or composted leaves and must be renewed annually or more often as needed. c) Newly planted trees require a high phosphorous fertilizer (17-23-6, 4-12-4, or 5-10-5) for root and stem growth. Balanced fertilizers may be substituted for the high phosphorous fertilizer in limestone soils. Established trees should have a balanced fertilizer applied at the beginning of the third year to stimulate foliage growth. d) Weed control should be done twice annually for the first two years, April-May and July-August. Use a contact herbicide like Glyphosate (Roundup®) applied according to the label. Prior to spraying, remove all ground level and other sprouts on the stem that might come in contact with the spray. Spray only the green foliage to be killed. Keep the spray away from the foliage of the tree and any other plants that are to remain. ' -4- e) Corrective pruning will be performed during the second -year of the project. The purpose of pruning is to establish a form appropriate for the species. Upright shade trees will be pruned to establish a dominant trunk with adequately spaced lateral branches. Multiple trunks may be encouraged on some small-statured species. The TFS representative will evaluate the condition of the trees and require additional pruning when necessary. Article 4. The undersigned agrees to the conditions set forth in this agreement and commits his or her agency/organization to the terms of this agreement as they apply to the project funded in part by the SBA Grant Number 93-07-21. Grantee: j~3~// < rOhm n City ~anager City of Pearland Grantor: State Forester Texas Forest Service Date ASSURANCES AND CERTTFICATIOIIS The applicant hereby assures and certifies that he/she will .comply with the regulations, policies, guidelines, and requirements including 13 C.F.R. Part 143; OMB Circulars A-73, A-87, A-88, A-110, (or any regulations which are later promulgated to supplement or replace it), and A-130, as appropriate and as they relate to the application, acceptance and use of Federal funds for this federal ly assisted project. Also the applicant assures and certifies with respect to the grant/cooperative agreement that: It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the'application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the application and to provide such additional information as may be requ i red. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of the Act no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the gra nt-a ided ac ti vi ty. It will comply with requirements of the provision of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. If it is a State of local governmental entity, that those of its employees whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency will comply with the relevant provisions of the Hatch Act. See U.S.C. Sections 1501-1503. It will comply with the minimum wage and maximum hours provisions of. the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 15. 17. 18. lg. 2O. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended 116 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 116 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject. to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by 'the Federal grantor agency to avoid or mitigate adverse effects upon such properties. It will comply with the requirements which provide that no person it the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any activity receiving Federal financial assistance. It will comply with P.L. 93-112 and P.L. 93-516 which provide that no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, bee denied the benefits of, or be subjected to discrimination under any activity receiving Federal financial assi stance. It will comply with P.L. 94-135 which provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any activity receiving Federal financial assistance. The 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 inel igibl e, 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 ti tl ed "Certi fi cati on Regarding Debarmerit, Suspens i on, Ineligibility 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 construed 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. lO. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction with a person that has been suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Gover~nent, the department or agency may terminate this transaction for cause or default. Certification Re arding Oebarment, Suspension, an<l Other Responsibility ~tters - Primary Covered I ransactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its princi pal s: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 7 The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," II II "person," "primary covered transaction, "principal ," "proposal, and "voluntarily excluded," as used in this clause, have the meanings set out in the' Definitions and Coverage sections of r~les implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective lower tier 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 with which this transaction originated. The prospective lower tier participation further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," 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 decide 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 construed to require establishment of a system of records in order to render in good faith the certification required by the 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. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may purse available remedies, i ncl udi ng suspensi on and/or debarment. (E) notifying the granting agency within lO 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) (ii) taking appropriate personnel action against such an employee, up to and including termination; or 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) 3519 LIBERTY DRIVE (AND NEIGHBORING AREAS - CHAMBER OF COMMERCE, PUBLIC LIBRARY, AND SHADYCREST ELEMENTARY SCHOOL GROUNDS) IN THE CITY OF PEARLAND, COUNTY OF BRAZORIA, STATE OF TEXAS, 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. Ap ndix D - Certification Regardin, Lobbyin~ Certification ~o~Contracts, Grants, Loans, and'~ooperatlve Agreements 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, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extensi on, conti nuati on, renewal, amendment, or modi fi cation of any Federal contract, grant, loan, or cooperative agreement. /`.\ ( I _ (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing of attempting to influence an officer of employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-111 , "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this - certification be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 , U.S. Code. Any person wh fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The applicant also certifies that the information in these assurances and certifications in support of this application is correct to the best of his/her knowledge and belief and the filing of this application has been duly authorized. CITY OF PEARLAND (Legal Name of Applicant) 3519 LIBERTY DRIVE PEARLAND, TEXAS 77581-5416 (Addre v,(4,/(... '/6e/AjO (Signature of Authorized Officer) • JANUARY 25 ..994 (Date of Application) • ' t (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) ( 3519 LIBERTY DRIVE (AND NEIGHBORING AREAS - CHAMBER OF COMMERCE, PUBLIC LIBRARY, AND SHADYCREST ELEMENTARY SCHOOL GROUNDS) IN THE CITY OF PEARLAND, COUNTY OF BRAZORIA, STATE OF TEXAS, 77581-5416 2. 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 Regarding Lobbyinrq Certification for Contracts, Grants, Loans, and Cooperative Agreements 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, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal , amendment, or modification ( of any Federal contract, grant, loan, or cooperative agreement.