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R-04-11-23-9B2 - 11/23/2004 RESOLUTION NO. R-04-11-23-9132 WHEREAS, the Texas Forest Service has grant funds available through the Urban Forestry Partnership Grant Program, and WHEREAS, the City Council wishes to enter into an Urban Forestry Partnership Grant Program Agreement for the available grant funds for the continued funding of an Arborist, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Urban Forestry Partnership Grant Program Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of Nov;eer,, 2004 . EL Mayorof Round Rock, Texas AT T: CHRISTINE R. MARTINEZ, City Sec tary @PMesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R41123B2.WPD/sc Federal Program Grant Numbet: 04-08-02 CFDA Number: 10.664 Grant Amount : $20,000 Period: 10-01-04 to 9-30-05 Local Match: $20, 000 Urban Forestry Partnership Grant Program A Cooperative Program Between the Texas Forest Service And the USDA Forest Service 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 an agency of the State of Texas, and The City of Round Rock, Texas, hereafter referred to as 'Grantee. ' Article 1. This agreement represents the entire agreement between the parties. Any modification of purpose, final product, grant award, or matching contribution 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. All funds must be used for the purposes stated below. Purpose: To continue the professional arborist position, responsible for conducting the NeighborWoods tree planting program and for developing a street tree pruning cycle. The position would also help conduct educational programs, enforce the tree ordinance, and improve the city tree nursery. Grant and local funds will pay fo the salary and benefit costs for the position. Article 2. The $20, 000 grant will be paid on a reimbursement basis upon submission of approved cost records AND a project final report. Interim reports detailing partial project accomplishments and costs will be accepted for partial payment. The amount paid will equal 50% of the approved project costs, not to exceed either the grant amount or the out- of-pocket expenses. The Grantee shall be responsible for a minimum match of $20, 000, in eligible cash purchases or in-kind contributions. Article 3. The Grantee shall be responsible for providing proof-of- payment records for all purchases and in-kind contributions. These include source documentation such as invoices, cancelled checks, paid receipts, payroll or time and attendance records, contract documents, and valuation letters for third-party in-kind contributions. Cost records must be retained for three years following conclusion of the project. Article 4 . 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. :EXHIBIT n -2- Article 5. Applicable federal cost principles (attached OMB A-87 for local governments, OMB A-21 for higher education institutions, or OMB A- 122 for grow nonprofit groups) ,s) , administrative requirements (attached 7 CFR Part 3016 or 7 CFR Parts 3015/3019) , and the Grantee's application will be followed in determining reasonableness, allowability, and allocation of costs. Grantee 's procurement procedures must conform to standards defined in these documents and Grantees receiving $300, 000 or more in federal funds must comply with federal Single Audit Act requirements, as detailed in circular OMB A-133 . Article 6. The terms of this agreement shall be governed by the laws of the State of Texas. In addition, the Grantee agrees to comply with all applicable federal laws, as specified in the attached Assurances for Non- Construction Programs. Grantee must certify that they have not been debarred from this or any other federal program, must comply with federal drug-free workplace requirements, and must comply with restrictions on lobbying Congress. Article 7 . The Grantee shall submit a final project performance report, a financial summary with supporting documentation, and a copy of any product developed through the grant within 60 days of project completion, or by November 30, 2005, at the latest. (If required, a copy of the Single Audit report covering the grant period must also be submitted. ) Article 8. 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 the Grantee which are pertinent to the grant in order to make audits, examinations, excerpts, and transcripts. Article 9. (For tree planting projects only. ) The Grantee must provide the TFS with a resolution or letter from the governing body of the entity that owns 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 10. (For tree planting projects only. ) Exhibit A (Tree Planting Maintenance Specifications) , attached hereto and incorporated for all purposes, must be followed and will be used by the TFS to measure performance by the Grantee. Trees must be maintained for three full years following planting. 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. Article 11. If a Grantee materially fails to comply with any term of this award, as stated above, the TFS may temporarily withhold cash payments 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 12. The Grantee may terminate this entire Agreement, without cause, prior to the expiration of the rant g period, upon thirty (30) days written notice. Upon cancellation of this Agreement and release or return of the unexpended grant funds, the Grantee is fully released of all obligations under this Agreement. Article 13. 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, to the extent allowed by law. Article 14. If any part of this Agreement shall be deemed to be or shall, in fact, be invalid, inoperative, or unenforceable as applied, such circumstance shall not have the effect of rendering any other provision of this Agreement invalid, inoperative, or unenforceable to any extent whatever. Acceptance: We accept this grant subject to the terms and provisions stated above. (( Grantee: t Signature Title Organization Date Grantor: James B. Hull State Forester Texas Forest Service Date DATE: November 18, 2004 SUBJECT: City Council Meeting - November 23, 2004 ITEM: 9.B.2. Consider a resolution authorizing the Mayor to execute an Urban Forestry Partnership Grant Program Grant Agreement with the Texas Forest Service to continue to fund an arborist position. Department: Parks and Recreation Staff Person: Sharon Prete, Director Justification: The arborist will continue to implement and develop numerous programs such as: Neighborhoods (street trees planting in neighborhoods), street tree routine maintenance, and educational programs in our schools. Additionally the arborist will continue to lend support by assuming some duties currently performed by the Forestry Manager. Funding• Cost: $50,063 ($30,063 City Portion) Source of funds: General Fund Outside Resources: Texas Forest Service ($20,000) Background Information• The City of Round Rock Parks and Recreation Department has received several grants from the Texas Forest Service over the years. Last year, PARD received a grant that allowed the Forestry Division to hire an arborist. This Service has been extremely valuable to PARD and we would like to continue the program. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS T E x AS s� FOREST _SERVICE 1. -7 The Texas A&M University System 5.941 January 20, 2005 Emsud Horozovic, Urban Forester City of Round Rock PARD 301 W. Bagdad, Suite 250 Round Rock, TX 78664 Re: Partnership Grant No. 04-08-02 Dear AI v- c: Please find enclosed a copy of the executed Grant Agreement for your community forestry Partnership grant. The official starting date for the project is October 1, 2004,and the ending date is September 30, 2005. If you have any questions regarding project implementation or TFS technical guidelines,please contact your local forester. He or she is responsible for insuring that the project is completed according to the Grant Agreement and all technical guidelines. We also encourage you to conduct a "check presentation ceremony" at an appropriate time to recognize the program's participants. It is important to involve government leaders that help make this work possible by showing them the impact of the program. Once the work is completed, you will need to submit a report detailing the project accomplishments and its costs, as detailed in the Documentation Guidelines already provided to you. This report is due within 60 days of project completion, or November 30, 2005, at the latest. This grant will be paid on a reimbursement basis, upon review of the cost report and equal to 50%of the project's total costs, not to exceed the total amount of the grant. If you have any administrative questions about this project contact me at(979)458-6650. Sincerely, Peter D. Smith Grants Administrator /pds Enclosure cc: Jim Carse Forest Resource Development John B.Connally Building*301 Tarrow,Suite 364*College Station,Texas 77840-7896 TEL 979/458-6650*FAX 979/458-6655 http://texasforestservice.tamu.edu umber: 04_08_02 Giant $20'000 Gant Amount 2 0,000 Local M $ atch: program � o G Q�oq�1p• 69'' ar��e�sh1P Forest Se�iCe V-° eae-41 � o,pti'° Foze�tsY Y e Te, ee tYi i C�pA 0( pari sBevweell est Se�N 4e�y oc3tOQSDp, Fob ty,e ;ooFezatlVe Aid the p'GgE � and b zS tY s eras G� ntob`I �}tiige cK TeT i M go eriteze xas o R°'end ent 15 Meese Y and Tne C1tY en the ant A.3 VS) of Texas Ment be rd °x e rets f the Stateas Gzan ee entlxe c gz gz aPPzoV d° c m-9 k c a9eT'C'Ye�zed to e5ents �i al p y a n� and CesSazY '�5t ,pe n e ds m rtex r ot t xej) ose 9ted in wz fvnd511 f'1S' nis a9 atl n °be z.rP e bal 1 0%)6--C Ces A °n' .r ox slb eci a esP T di fic m�yst entix edeza p5iti and f 5o yle lcle 1 psq mo bntio lse to om mon-f oust p zoc3 would a a imp ` ties coi'tz 5t .ra d� fx ow• 1 azb ting P ti°n ce an sale .a Cnin g�,tee m PzoPaed ,pel o fe55i ee Pl ane ,Poe ozdl aY to tY�e SEs 'Oki G d9et as oses 5 tre pz Woods cYclee tze ill P the b he P,ixP Contin'i�eignb° Ic�nln nfozCe 1 funds all, to-f- To , t'Re tree ams I e d loca ent b I, Yuz'PoSeiavct1n stzeet Pz°(3z ant anzse e °zt oz co in`3 a ti°nal Gz tl°n ze1 ' al .r P wyll f VeloP edNIca nuz5ez e P°sl d °n eCt fl d Cost o� of de duct tree ox tr e Pal zoj 5 an al S1370 t oY con City ost5 f will be a p nment lI eq'I amox my brefit c 000 (3 r zeCo td acComPll aid e (3 n- tlon� $20 , a Cos zo�ec an`ol t fez to 51b ontri v TYIe .rove al P Tyne eed ey xesP ina C tiele on °£ aP g pant aYme eat to e shall be r Px subm tis detoz pant costs' GYant p�zCrases x PxoV alio s. .repo ted f xoject es 2b e cash le f° tzlb s, Pal, acc '9 tea P exPezl eli9ibl esponsibxind COT,dCreclt ent5 app oCke 0 � In be .r nd In Celle doCum cord- of pr�2o 00 tee 5n zchase of es, C Co'( z Cost e e�xo�e Gran 11 vl iv' oxd5 tions of to isle 3 - Coz s a°iontCo a�cina eco -f n 1'�S1on of f; A a`roent docv`me me and aztY i£ollowin9 witr ae zese P o�x0e 1 ox tried-P eax5 ne TEs its x p 5 tZ ol fox trxee Y Vide t oziZeS d ComR` aPP1 'Pal,ette,ed foz nst Pzat a�tr ant an .rant xetaln antee �odY tY,tri5 9a In tre 9 Tr go e 003,agted as pzoQoSe Anti°d by it is ass bUtlon 5e men tz pas, a,ze.,,r,1n9 Con r ` 1 -2- ti A-87 for (attached OMB or OMB A- ,Ciples tituti � CFR DSL t�rl �iOn ins �attaChed will pe G j7L �S � �lonPoo e �a e� 1 0f ; Grant Number: 04-08-02 Federal Program CFDA Number: 10.664 Grant Amount : $20,000 Period: 10-01-04 to 9-30-05 Local Match: $20, 000 Urban Forestry Partnership Grant Program A Cooperative Program Between the Texas Forest Service And the USDA Forest Service 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 an agency of the State of Texas, and The City of Round Rock, Texas, hereafter referred to as 'Grantee. ' Article 1. This agreement represents the entire agreement between the parties. Any modification of purpose, final product, grant award, or matching contribution 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. All funds must be used for the purposes stated below. Purpose: To continue the professional arborist position, responsible p for conducting the NeighborWoods tree planting program and for developing a street tree pruning cycle. The position would also help conduct educational programs, enforce the tree ordinance, and improve the city tree nursery. Grant and local funds will pay fo the salary and benefit costs for the position. Article 2. The $20, 000 grant will be paid on a reimbursement basis upon submission of approved cost records AND a project final report . Interim reports detailing partial project accomplishments and costs will be accepted for partial payment. The amount paid will equal 50% of the approved project costs, not to exceed either the grant amount or the out- of-pocket expenses . The Grantee shall be responsible for a minimum match of $20, 000, in eligible cash purchases or in-kind contributions. Article 3. The Grantee shall be responsible for providing proof-of- payment records for all purchases and in-kind contributions. These include source documentation such as invoices, cancelled checks, paid receipts, payroll or time and attendance records, contract documents, and valuation letters for third-party in-kind contributions. Cost records must be retained for three years following conclusion of the project. Article 4 . 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. R•014-II-0,3-981, -2- Article 2-Article 5. Applicable federal cost principles (attached OMB A-87 for local governments, OMB A-21 for higher education institutions, or OMB A- 122 for nonprofit groups) , administrative requirements (attached 7 CFR Part 3016 or 7 CFR Parts 3015/3019) , and the Grantee's application will be followed in determining reasonableness, allowability, and allocation of costs. Grantee' s procurement procedures must conform to standards defined in these documents and Grantees receiving $300, 000 or more in federal funds must comply with federal Single Audit Act requirements, as detailed in circular OMB A-133. Article 6. The terms of this agreement shall be governed by the laws of the State of Texas. In addition, the Grantee agrees to comply with all applicable federal laws, as specified in the attached Assurances for Non- Construction Programs. Grantee must certify that they have not been debarred from this or any other federal program, must comply with federal drug-free workplace requirements, and must comply with restrictions on lobbying Congress. Article 7. The Grantee shall submit a final project performance report, a financial summary with supporting documentation, and a copy of any product developed through the grant within 60 days of project completion, or by November 30, 2005, at the latest. (If required, a copy of the Single Audit report covering the grant period must also be submitted. ) r Article 8. The State Forester and the Comptroller General of the United E States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of the Grantee which are pertinent to the grant in order to make audits, examinations, excerpts, and transcripts. Article 9. (For tree planting projects only. ) The Grantee must provide the TFS with a resolution or letter from the governing body of the entity that owns 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 10. (For tree planting projects only. ) Exhibit A (Tree Planting Maintenance Specifications) , attached hereto and incorporated for all purposes, must be followed and will be used by the TFS to measure performance by the Grantee. Trees must be maintained for three full years following planting. The Grantee must replace any dead trees within the period of this Agreement if the number of live trees falls below 900 of the original number planted and included in project cost reports. Article 11. If a Grantee materially fails to comply with any term of this award, as stated above, the TFS may temporarily withhold cash payments 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 12. The Grantee may terminate this entire Agreement, without \ cause, prior to the expiration of the grant days written notice. Upon cancellation of this Agreement and nrelease or thirty (30) of the unexpended grant funds, the Grantee is fully released of all obligations under this Agreement. Article 13. 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, to the extent allowed by law. Article 14 . If any part of this Agreement shall be deemed to be or shall, in fact, be invalid, inoperative, or unenforceable as applied, such circumstance shall not have the effect of rendering any other provision of this Agreement invalid, inoperative, or unenforceable to any extent whatever. Acceptance: We accept this grant subject to the terms and provisions stated above. Grantee: d gnature Title OWJD Or anization NOvGm8 R, a3 aOoq Date Granto mes ull State Forester Texas Forest Service - { Date