R-00-09-28-9A1 - 9/28/2000Ki\ WP➢ocs \RESOLUTI \RUo93EA1.WPO /SC
RESOLUTION NO. R- 00- 09- 28 -9A1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND
ROCK AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS
ASSOCIATED WITH THE "URBAN FORESTRY PARTNERSHIP
GRANT PROGRAM" GRANT REQUEST AND COMMITTING SHARED
COST OF THE PROJECT AS DESCRIBED IN THE GRANT
APPLICATION.
WHEREAS, the 101st Congress of the United States, in
developing the Forestry Title of the 1990 Farm Bill, found that the
health of forests in urban areas and communities is on the decline;
and that these forests, trees, and open spaces improve the quality
of life for residents, enhance economic value of property, and are
effective at reducing the buildup of carbon dioxide, and
WHEREAS, Congress defined the purposes of this program to
include improving the understanding of the benefits of preserving
existing tree cover; encourage property owners to maintain trees
and expand forest cover; provide educational and technical
assistance to local organizations in maintaining and expanding
forest cover; provide competitive matching grants to local units of
government and other approved organizations for urban forestry
projects; implement a tree planting program; promote the
establishment of demonstration projects to illustrate the benefits
of forest cover; and enhance technical skills of individuals
involved in establishing or maintaining urban forest, and
WHEREAS, the City of Round Rock is eligible to participate
in this program and has successfully submitted a grant application
in the amount of $5,000.00, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS THAT,
Section 1: The City Council hereby authorizes the Mayor to
execute all agreements associated with the "Urban Forestry
Partnership Grant Program" Grant with the Texas Forest Service.
Section 2: The City Council commits to providing its share of
the project costs through "in- kind" services as described in the
grant application.
Section 3: The City Council endorses and permits the planting
of trees on public property under their jurisdiction in the City of
Round Rock.
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, and the Act.
RESOLVED this 28th day of Se. ember, 2000.
►'� 4,1 /1���. _Aim i
RO T A. STLUKA, J• ", Mayor
m T: AP
4L L ■LL . _` /L
JO, E LAND, City Secretary
2
City of Round Rock, Texas
P "c reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
tons, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
im , ,nation. Send comments regarding the burden estimate or any other aspect of this collection of information, Including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such
is the case, you will be notified.
As the duly authorized representative of the applicant, 1 certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non - Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. § §4728 -4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R, 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. § §1681-
1683, and 1685 - 1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
ASSURANCES - NON- CONSTRUCTION PROGRAMS
OMB Approval No. 0348 -0040
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
U.S.C. § §6101- 6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L 92 -255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91 -616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, (I) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
7. Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91 -646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally- assisted programs. These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. § §1501 - 1508 and 7324 - 7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
Previous Edition Usable Standard Form 424B (Rev. 7.97)
Authorized for Local Reproduction Prescribed by OMB Circular A - 102
9. Will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. § §327-
333), regarding labor standards for federally- assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L 93 -234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
Insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91 -190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. § §7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act 01 1974, as amended (P.L 93 -523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. 01271 et seq.) related to protecting
components or potential components of the natir
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act 01 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a -1 et seq.).
14. Will comply with P.L. 93 -348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L 89 -544, as amended, 7 U.S.C. § §2131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. § §4801 et seq.) which
prohibits the use of lead -based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A -+
"Audits of States, Local Govemments, and Non -Pr,.
Organizations."
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
DATE SUBMITTED
Standard Form 4248 (Rev. 7 -97) Back
U.S. DEPARTMENT OF AGRICULTURE
CERTIFICATION RE SARDIN AND STARE WORKPS CE REQUIREMENTS
FEDERAL FISCAL YEAR
This certification is required by the regulations implementing Sections 5151.5160 of the Drug-Free
Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 US.C. 701 et seq.), 7 CFR Part 3017,
Subpart F. The regulations, published as Part 1I of the May 23, 1990 Federal Rerlster (pages 21681-
21691), require certification by grantees, prior to award, that they will maintain a drug-free workplace.
Section 3017.630(c) of the regulation provides that a grantee that Is a State may elect to make one
certificatlou to the Department of Agriculture In each Federal fiscal year in lieu of certificates for each
grant during the Federal fiscal year covered by the certification. The certificate set out below Is a material
representatioa of fact upon which reliance Is placed when the agency awards the grant. False certification
or violation of the certification shall be grounds for suspension of payments, suspension or termination of
grants, or Governmentwide suspension or debarment (see 7 CFR Part 3017, Sections 3017.615 and
3017.620). States and State agencies using this form 'houid send it to: US. Department of Agriculture,
Ottice of Finance and Management, Federal Asscrtance and Fiscal Policy Division, Federal Assistance
Team, Room 3031 South Building, Washington, D.C. 20250.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON PAGE 3)
A. The grantee certifies that It will er will continue to provide a drug -free workplace by
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance Is prohibited In the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
(b) Establishing an ongoing drug -free awareness program to inform employees about —
(1) The dangers of drug abuse In the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; a nd
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring In the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will —
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation or a
Forst AD -1052 tREV _/)Q.
criminal drug statute occurring in the workplace nu later than five calendar
days after such conviction:
(e) Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to every grant officer on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of such notices.
Notice shall include the Identification number(s) of each affected grant;
(I) Taldng one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted —
(1) Taking appropriate personnel action against such an employee, up to and
Including termination, consistent with the requirements of the Rehabilitation
Act of 1973, as amended; or
(2) 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 paragraphs (a), (b), (c), (d), (e) and (q.
This certification is for a 1 State (All
(check one) State Agencies)
B. The grantee may 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, xip code)
Check LJ if there are workplaces on file that are not identified above.
State /State Agency Name
Name and Tule of Authorised Representative
E1 Single State Agency
Signature Date
Please append to this form a list of any State agencies the Governor has excluded front this certification.
Form AD -1052 (REV 5/9U,
INSTRUCTIONS FOR CERTIFICATION
1. IV signing and submitting this form, the grantee is providing the certification set out on pages t
and 2.
2. The certification set out on pages 1 and 2 is a material representation of fact upon which reliance
is placed when the agency awards the grant. If it Is later determined that the grantee knowingly
rendered a raise certification, or otherwise violates the requirements of the Drug -Free Workplace
Act. the agency, to addition to any other remedies available to the Federal Government, may take
action authorized under the Drug -Free Workplace Act.
3. Workplaces under grants. for grantees other than individuals, need not be identified on the
certification. If known, they may be Identified In the grant application. If the grantee does not
Identify the workplaces at the time of application, or upon award, if there Is no application, the
grantee must keep the Identity of the workplace(s) on file in its office and make the Information
available for Federal Inipectlon. Failure to Identify all known workplaces constitutes a violation
of the grantee's drug -free workplace requirements.
4. Workplace Identifications muse include the actual address of buildings (or pare of buildings) or
other sites where work under the grant takes place. Categorical descriptions may be used (e.g.,
all vehicles of a mass transit authority or <tate h;ahway department while in operation, State
e..:ployees In each local unemployment otli.e, p, formers in concert halls or radio studios).
5. If the workplace identified to the agency changes during the performance of the grant, the
grantee shall totems the agency of the change(s), if it previously Identified the workplaces in
question (see paragraph three).
6. Definitions of terms. In the Noaprocurement Suspension and Debarment common rule and Drag.
Free Workplace common rule apply to this certification. Grantees' attention is called, in
particular, to the following definitions from these rules:
' Controlled substance' means a controlled substance in Schedules I through V of the
Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR
1308.11 through_1308.I5);
'Conviction' means a finding of guilt (including a plea of nolo contendere) or imposition
of sentence, or both, by any judicial body charged with the responsibility to determine
violations of the Federal or State criminal drug statutes;
'Criminal drug statute means a Federal or non - Federal criminal statute involving the
manufacture, distribution, dispensing. use. or possession cf any controlled substance,
' Employee' means the employee of a grantee directly engaged in the performance of work
under a grant, including: (f) all 'direct charge' employees; (ii) all 'indirect charge'
employees unless their impact or involvement is insignificant to the performance of the
grant; and, (iii) temporary personnel and consultants who are directly engaged in the
performance of work under the grant and who are on the grantee's payroll. This
definition does not include workers not on the payroll of the grantee (e.g., volunteers,
even if used to meet a matching requirement; consultants or independent contractors not
on the grantee's payroll; or employees of subrecipients or subcontractors in covered
work places).
3
Forni All-l052 (REV 5/90)
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
This certifleation 111 required by the regulations implementing Executive Oros, 12549,
Deb and Suspension, 7 CIE Pert 3017, Section 3017.510, Participants. reapanaibilit.es.
The regulations sort published as Part IV of the January 30, 1949 Federal teelster (pages
1722.1733). Caplet of the regulations say be obtained by contacting the Oepartaent of
Agriculture wanes offering the proposed covered treneactlon.
(Most t COeNtITtso CERTIFICAt10e, R1A0 1IE1IUCTI0e1 or EEVECSE)
(1) The prospective primary participant certifies to the bast of its %nested,• and belief,
that it and Its principals:
(a) are net presently debarred, suspended, proposed for deberemt, doctored
ineligible, or voluntarily eastward frog covered transactions by any federal
department or *rimy;
OR hew not within • three•yter period preceding this peepeeet been consisted of er
hod • civil lndpsnt rendered spinet then for commission of fraud sr s criminal
offense In connection with obtaining. attempting to obtain. •e performing a public
(Federal. er local) transastl. .r c.strset under a pills Ireneastton;
violation of federal or antltrwt statute* or commission of esbetatea.nt,
theft, forgery, bribery. falai tftstten or dsatructlan of records. saline
statements, se receiving stolen property;
(e)
are net presently Indicted for .e etseri de criminally or civilly charged by o
gawrinmental entity (Federal, or local) with commission of OW of the
efface• eitummrated (n p/ra r. (1)(0) of this eersifieatien; end
(d) hew not within s three-yew period preceding this spplltatl.Nprepoeal had one er
bare public trueastimmi (Federal, er legal) terminated fee cause or
default.
(2) whets the ,S.oeestive primary participant 1s unable to certify to my of the statements
In th(5 tertlflcet(en. such preapsetive participant shall attach en explanation to this
proemial.
0rganisation aamm
11
u..). ucrMKlMtfI UP AWKILULIUKt
Fe/Averd gumbo; or Proiest came
Oat.
Form 40.1047 (2/K1
INSTRUCTION F OR CERTIF_IC�Ia�
SY
car s in a sin mii t to s fde in accordance prlwery participant is providing the
accordance 04th thole instructions.
Z. rn� inebillty of s parson to provide the certification required below will net
nee esurlly result in denial of participation in this termed transaction. The
prospective participant shall submit an explanation of why it cannot provide the
certlfieatidn set out on refs farm. The certification or *animation rill bo Considered
in connection with the department or agency.. determination whether to enter into this
tr•nsascion. sawyer. failure of the prospective primary participant to furnish s
certification or en eapl•natlon shall disqualify such person frog partl0ipatien in this
4rantaetian.
3. the cartsficatlon in this clause is i ..[oriel represantatlon of fact upon mice reliant,
was placed *hat, the department or agony determined to enter into this transaction, if
it "ts 1st., determined that the prospectt.o primary partleip•nt knowingly rendered an
Ous cortlficatten, in addition to Other remedle4 •*sll.Ole t0 the frailest
Government, the department Or agency may terminate Oils traheaC(lan for taus* Or default.
4. the prospective primary participant shell provide Immediate written notice to the
department Or stingy to whom this proposal is submitted If at any 11mo the prospective
primary participant turns that Its certification was erronrdus when submitted or has
bosoms erroneous by reason of changed circumstances.
S. The terms *covered trimoactfon,o *dsbarral,* "suspended.* *1mo41sible.. .!ewer tier
covered trana0etl en,* • particlpient,w • person,• *prtmery covered ion,*
* printlp•l,* 'proposal," and "voluntarily eseluded,o •4 used In this clause, have chi
mornings set out in the 0efinitlans and Odwhrage saatlens of chi rules implementing
Executive Order 12349. tou may contest the department or Nancy to Mich this proposal
la being suOMttal for esalstans* in obtaining a copy of thesis ?ovulations.
O.- The prospective primer, psrticfpent worths by *v62414194 this fees tent, should the
proposal caveral trameestlon be enteral Into, It snail net knowingly enter Into any lower
tlhr covered 1r0Maetien with a 'warn who Is 00berrel, swpendel, declared inoligtble.
or voluntarily included from participation in this several transaction, unless eutherited
by the department er seine) entering Into this transaction. - -
7. The peosphattvt primary participant further egrets by submitting this firm that it Witt
include the etause 1this *Cartfflcat4en eperdlne 0eberment, Suspension. lneliifbftity
and Volwltery titivation - lower Tier Several Transaetiame,• provided by the department or
•lency entering Into this ctveral trrsactlen, without meal fleatfat, in all towns tier
covered translations sm. in all solicitations for lever tier revered transactions.
S. A participate in a cowed tranuact4On may r *ly upon • certification of a 910,94ttly,
participant In a lower tier covered transaction thee ft is net debarred, suspended,
Ineligible, or voluntarily ucludsd fros the emoted traneaetldn, unless ft those that
the co?1lfleatla, fib enew pen
11 A partielt may dedIde the meplad end frequency by
which It datersines tied eligibility of its windipels. Each participant may, but is not
required to, chest the Ienrprecurement list.
9. Nothing contained in the foregoing shalt be construed a require utanllshm.nt of a
system of rissole In order is render In shod faith the certification , •Wired by this
Slims*. The kneeledp any Informetion of • pwrttelpeht Is net required to 0aeehd that
which Is nne(mmlly peNaased by • prudent person In to. ordinary course of business
dehlingev
10. Except for transactions authorised undo, peragr0pm A of thee. Instructions. if •
partielpent In a cowered tratsactlen knevintly enters into a laver tier covered
tranewtton with • person ohs is suspended, debarred, Inel1/1b4o, or voluntarily excluded
er
tram ptislpetlen In this transaction. in *edition to other remedlu available to the
7•diest sev*rnment, the dopirtmant or agency may terminate this transaction for cause or
default.
Form A0.1047 (4/393
Certification for Contracts. Grants, Loans, and Cooperative Agreements
The undersigned certifies. to the best of his or 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, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any 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.
(2) If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
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 -LLL, "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 for 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 1 352. title 31 U.S. Code. Any person who 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.
9 -ag-oo
Date
Rol 360 s7�u,��.re. mlyo2
Name and Title
Federal Program
CFDA Number: 10.664
Period: 10 -01 -00 to 9 -30 -01
Urban Forestry Partnership Grant Program
Grant Number: 00 -08 -06
Grant Amount: $5,000
Local Match: $5,000
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 the City of Round Rock, Texas, hereafter referred to as 'Grantee.'
Article 1. All funds must be used for the purposes stated below. 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.
Purpose: To continue the city forester position, responsible for oak
wilt education and control, managing a tree farm, overseeing city tree
planting and maintenance projects, developing a tree inventory, and
conducting public education programs. Grant and matching funds will be
used for salary and benefit costs.
Article 2. The $5,000 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 $5,000, 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.
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 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, 2001, at the latest. (If required, a copy of the Single Audit
report covering the grant period must also be submitted.)
Article B. 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.
Article 12. The Grantee may terminate this entire Agreement, without
cause, prior to the expiration of the grant 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:
Grantor:
Title
C! 7y OF or p g f ROuk)D e a oci
9 -a8 -oo
Date
James B. Hull
State Forester
Texas Forest Service
Date
Federal Program
CFDA Number: 10.664
Period: 10 -01 -00 to 9 -30 -01
Urban Forestry Partnership Grant Program
A Cooperative Program Between the Texas Forest Service
And the USDA Forest Service
GRANT AGREEMENT
Grant Number: 00 -08 -06
Grant Amount: $5,000
Local Match: $5,000
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 Round Rock, Texas, hereafter referred to as 'Grantee..
Article 1. All funds must be used for the purposes stated below. 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.
Purpose: To continue the city forester position, responsible for oak
wilt education and control, managing a tree farm, overseeing city tree
planting and maintenance projects, developing a tree inventory, and
conducting public education programs. Grant and matching funds will be
used for salary and benefit costs.
Article 2. The $5,000 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 $5,000, 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.
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 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, 2001, 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 grant 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:
Grantor:
m yc e-
T r i itP t ' le o
C l,I,
i ry orgaeuNc /2o Iu
q -a8 -00
Date
James B. Hull
State Forester
Texas Forest Service
Date
DATE: September 22, 2000
SUBJECT: City Council Meeting — 7:00 p.m.
ITEM: 9.A.1. Consider a resolution authorizing the Mayor to execute
agreements with the Texas Forest Service for the Urban Forestry
Partnership Grant Program. This is the third year that we have
received this grant, which helps to fund our Urban Forester
position. The amount of grant is $5,000.00. Staff Resource Person:
Sharon Prete, Parks and Recreation Director.