HomeMy WebLinkAbout8.a. Tree Planting GrantI
4 ,r CITY OF ROSEMOUNT
EXECIITIVE SUNIl�IARY FOR ACTION
CTTY COUNCIL MEETING DATE: OCOTBER 19, 1993
AGENDA ITEM: TREE PLANTING GRANT AGENDA SECTION:
NEW BUSINESS
PREPARED BY:DAVID J . BECHTOLD / qIRECTOR OF AGENDA��� � �
PARKS AND RECREATION
ATTACffi�NTS: COPY OF GRANT MATERIAL �'p D
The Parks & Recreation Department submitted a grant application during
this past summer for a grant dealing with tree planting . It was through�
the DNR . The purpose of the grant was to work with the Sma11 Business
Association , namely nurseries and tres planting companies , to add trees
to our city .
Our proposal was verbally approved by the DNR on July 29 , 1993 . A copy
of the written notifzcation was copied to Council on Rugust 2, 1993 .
There were 38 trees identified in our project that will be planted in
.7aycee Park in the area along Shannon Parkway .
There was a maximum amount of� � 5 ,000 that could be applied for on a
50/50 matching basis . .The City share related to the matching funds will .
have � 5 ,000 from account # 101 - 45100 - 01 - 225 and � 4 ,1R6 .R5
coming from the Park Dedication account .
A request was made for quotes to supply the trees and materials and to
complete the tree planing . Two quotes were received . One was for the
amount of � 23 ,R12 .50 from Evergreen Gardens , Inc . and the other was
for � 14 ,196 .95 . The low quote was received from Outdoor 5pecialties ,
Inc . of Eagan .
With Cnuncil approval this project will move forward and should be
completed this fall .
RECOI�lENDED ACTION:
Motion to accept th� grant for tree planting thYough
DNR and to authorize appropriate signatures on the grant_ To award the
praject to Outdnor specialties , Inc . for the amount af � 14 ,196 .95 .
COtTNCIL ACTION:
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STATE OF
uVUV����Q
DEPARTMENT OF NATURAt RESOUR�ES
PHor,e r,a Division of Forestry, 1200 Warner Road, St. Paul, Minnesota ����
October 5, 1993
David J. Bechtold, Director of.Parks and Recreation .
City of Rosemount �
2875 145th Street West
Rosemount, MN 55068 �
� Dear Mr. Bechtold:
Congratulations! The Department of Natural Resources-Division of forestry has
finally (Yes, I mean finally!) received notification from the Srr�all Business Administration
(SBA) that your application for a Community Tree Planting Grant �under the Natural
Resources Development Program has been approved.
Please find enclosed five (5) original copies of the Subgrant Agreement for
Community Forestry Assistance between your community and the Department of Natural
Resources (DNR). Please review the Subgrant Agreement and have the appropriate
persons sign each copy (where indicated). Please retum aU five (5) signed copies as �
soon as possibte for processing to: .
Sharon Uphoff, Grants Administrator
Minnesota DNR-Division of Forestry, Box 44
500 Lafayette Road
St. Paul, Minnesota 55155-4044
Grant payments will be made after the Subgrant Agreement has been signed by
all parties (approximately 6-8 weeks following DNR receipt of the signed forms). Also,
you will receive one copy of the Subgrant Agreement for your records.
If there are any questions regarding the SubgrantAgreement or your community's
project, please contact me at 612-772-7563.
Again, congratulations! I look forward to seeing your project completed.
S'ncerely, ,
�
Jonathan E. Stiegler :
Urban Forestry Coordinator
Enclosures
cc: Ken Holman, DNR=Division of Forestry �
AN EQUAL OPPORTUNITY EMPLOYER
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TRANS AID ORG FY RE VENDOR TYPE T RMS
1 / 2,�7 ���' / 29000 / / / /J7 f/' DD�L / V / /
CC5 CC1 CC2 CC3 CC4 AMOUNT SUF OBJ SEND
/ / / / / / 1'i'r��D DU / O l / 7..�4' / /
TYPE OF TARANSACA4IN• ���,y / bZ/ �� Ent'd by
Date Number
A44 A45 A46 Ent'd by
Date Number
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SUBGRANT AGREEMENT FOR COMMUNITY
FORESTRY ASSISTANCE IN
CITY OF ROSEMOUNT
THIS SUBGRANT AGREEMENT is entered into by and between the State of Minnesota
acting by and through the Commissioner of Natural Resources (hereinafter Grantor) and
the City of Rosemount acting by and through its City Council (hereinafter Subgrantee).
WHEREAS, The Administrator of the U.S. Small Business Administration
(hereinafter "SBA") pursuant to Title V, Administrative Provisions, { 4, of Public
Law 101-515, has granted funds to the Commissioner for the purpose of expanding
opportunities for tree planting by small businesses on lands owned or controlled by
local government; and
WHEREAS, Minn. Stat. { 88.063 (1992} authorizes the Commissioner of Natural
Resources, in behalf of the state, to accept and use grants of money from the United
States for conservation purposes not inconsistent with atate law and in accordance
with the purposes of the grant and applicable federal and state laws, and Minn. Stat.
{ 84.025, subd. 7 (1992) authorizes the Commissioner to contract with local
governments as necessary in the performance of duties; and
WHEREAS, The SBA has authorized the Commissioner to make subgrants of the
federal funds awarded to qualifying local governments; and
WHEREAS, Subgrantee qualifies for a Natural Resources Development Program
Community Tree Planting Subgrant of $5,000.00 for FFY 1993; and
WHEREAS, As a condition of receiving the Subgrant, Subgrantee has provided a
completed Application for Grant Assistance (hereinafter referred to as the Project
Proposal) to Grantor for review and approval; and
WHEREAS, Subgrantee has Agreed to provide a cash or in-kind contribution of at
least 50� of the cost of the Project Proposal.
NOW THEREFORE, the parties hereto agree as follows:
A. Grantor shall grant Subgrantee the sum of $5,000.00 to be used to
complete the work as specified in Subgrantee's Project Proposal. This
Project Proposal ahall become a part of this Subgrant Agreement. Payment
shall be made in one lump sum following complete execution of this
Agreement. Subgrantee may rebudget within the approved Project Proposal
budget to meet unanticipated requirements and may make li.mited program
changes to the approved Project Proposal. However, Subgrantee must
obtain Grantor's prior written approval (under 13 CFR part 143.30) before
making any of the following changes:
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1. Any revision which would result in the need for additional funding;
2. Any revision of the acope or objectives of the Project Propoeal
(regardless of whether there is an associated budget revision
requirinq prior approval) ;
3. A need to extend the period of availability of funds;
4. Any contracting out, subgranting (if authorized by law) or
otherwise obtaining the services of a third party to perform
activities which are central to the purposes of this Agreement.
(This approval requirement does not apply to the procurement of
equipment, supplies, and general support services.)
B. Subgrantee shall be responsible for the planning, supervision, and
satisfactory completion of work specified in the Project Proposal and for
payment of all monies for work undertaken in accordance with the project.
C. All work shall be conducted on lands owned or controlled by local
government.
D. Subgrantee agrees to contract with small businesses to plant the trees
to be planted under this Agreement and, to the extent possi.ble, divide
the project to allow more than one small business concern to perform the
work. Al1 purchased planting stock and supplies shall be purchased from �
small businesses.
E. Subgrantee agrees that planting methods and overall care and maintenance
of the trees shall conform to the standards that are reasonable and
customary. The minimum standard is the criteria, instruction and
examples contained in the Forestry Handbook (2nd Ed.), Kar1 Wenqer,
editor, for the Society of American Foresters, Sections 8 and 16 (John
Wiley & Sons, New York, New York 1984) .
F. Subgrantee agrees to care for and maintain the trees for a period of
three years after planting. Care and maintenance includes, but is not
limited to, watering, pruning, mulching, fertilizing, weed and grass
control, and insect and disease control.
G. REPORTS AND RECORDS
1. Annual Expenditure and Accomplishment Report
Subgrantee shall furnish Grantor with a final accomplishment report
upon completion of the Project, but no later than June 30, 1994.
It shall contain appropriate certification that all completed work
conforms with the specifications contained in the Project Proposal
or as amended in writinq. Subgrantee shall timely furnish Grantor
with any and all information Grantor requests for the purpose of
preparing any performance reports required by SBA under 13 CFR
parts 143.40 and 143.41.
2. Subgrantee shall keep an up-to-date work status record for work
undertaken to complete the project.
3. Subgrantee shall maintain complete, accurate, and separate
financial records for all work undertaken, which adequately
identify the source and application of funds provided by thi�
Agreement, These records must contain information pertaining to
this Subgrant award and authorizations, obligations, unobligated
balances, assets, liabilities, outlays or expenditures, and income
as these terms are defined in 13 CFR part 143. The records must
provide verification of any in-kind contributions counting toward
satisfying a match and show how the value of any third party
contribution was derived.
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4. Subgrantee sha11 provide a written narrative explanation describinq
all variations from proposed cost. Allowability and valuation of
� costs, third party in-kind contributions, volunteer services and
other items qualifying towards Subgrantee's match or cost share are
determined by 13 CFR part 143.24. For accounting purposes, project
costs shall be subdivided into the following categories:
personnel, fringe benefits, travel, equipment, supplies,
contractual, and indirect charges. The records shall show whether
the source of payment for each type of enumerated cost is federal,
Subgrantee, in-kind, or other. Except as provided in 13 CFR part
143.24, allowable costs shall be as determined in OMB Circular A-
87. Subgrant funds shall not be used to pay for land or land
charges.
H. COSTS
l. Subgrantee shall use all grant funds disbursed to it under this
Subgrant exclusively for the work outlined in the Project Proposal.
In the event that Subgrantee's machinery is used on a project, the
allowable cost shall be the actual cost of operating the equiFxnent.
2. Grantor's liability shall not exceed the totaL amount of the
Subgrant and is subject to the availability of funds.
3. In the event of a general unallotment or percentage reduction of
funds, unless directed by SBA, the Governor, Legislature, or other
law, the remaining Subgrant funds available shall be reduced no
more than the percentage reduction applied to the Minnesata
Department of Natural Resources' Division of Forestry Budget.
I. NON-DISCRIMZNATION •
1. Subgrantee and its contractors shall conform with and agree to the
provisions of Minn. Stat. { 181.59 which prohibits discrimination
in the hiring of labor by reason of race, creed or color.
Therefore, Subgrantee agrees and shall require its contractors to
agree that every contract for materials, �upplies or construction
shall contain provisions by which the contractor aqrees:
(a) That, in the hiring of common or skilled labor for the
performance of any work under any contract, or any
subcontract, no contractor, material supplier, or vendor
shall, by reason of race, creed, or color, discriminate
against the person or persons who are citizens of the United
States or resident aliens who are qualified and available to
perform the work to which the employment relates;
(b) That no contractor, material supplier, or vendor, shall, in
any manner, discriminate against, or intimidate, or prevent
the employment of any person or persons identified in clause
(la) of this section; or on being hired, prevent, or conspire
to prevent, the person or persons from the performance of
work under any contract on account of race, creed, or color;
(c) That a violation of Minn. Stat. { 181.59 is a misdemeanor;
and,
(d) That the contract may be canceled or terminated bg the
Subgrantee or any other person authorized to grant the
contracts for employment, and all money due, or to become due
hereunder may be forfeited for a second or any subsequent
violation of the terms or conditions of this Subgrant
Agreement or contract made gursuant thereto.
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Jo GENERAL CONDITIONS
l. EFFECTINE DATE
This Subgrant shall be in effect on the date of encumbrance by the
Commissioner of Finance and shall remain in effect until June 30,
1994, or until all obligations set forth in this Subgrant have been
satisfactorily fulfilled, whichever is later.
2. ENTIRE AGREEMENT
This document including the Project Proposal and Subgrant
Application Package constitute the entire Agreement between the
parties. . This 3ubgrant, except as stated herein, may not be
amended except in writing by mutual agreement of the partie�.
3. TERMINATION
This Subgrant Agreement may be terminated in whole or in part
(under 13 CFR part 143.44) only as follows:
(a) By Grantor with the consent of Subgrantee in which case the
parties shall agree upon the termination conditions including
the effective date and, in the case of partial termination,
� the portion to be terminated; or •
(b) By Subgrantee upon written notice to Grantor setting forth
the reasons for termination, the effective date and, in the
case of partial termination, the portion to be terminated.
However, if, in the case of a partial termination, Grantor
determines that the remaining portion of the Subgrant will
not accomplish the purposes for which the Subgrant was made,
Grantor may terminate this Subgrant Agreement in its entirety
under either paragraphs J2(aj or J2(C); or
(c) By Grantor upon thirty (30) days written notice if Subgrantee
materially fails to comply with the terms of this Subgrant
Agreement, applicable law, or the Project Proposal. In �he
event of such termination, Subgrantee shall be entitled to
payment, determined on a pro-rata basis,` for work or services
satisfactorily performed.
4. OBLIGATION OF FUNDS
Those funds not $xpended, obligated, or encumbered toward the
Project Proposal by June 30, 1994 shall be returned to the Grantor
for return to the appropriate fund as provided by law.
5. LIABILITY
Each party agrees that it shall be responsible for its own acts and
omissions and the results thereof to the extent authorized by law
and shall not be responsible for the acts and omissions of the
other party and the results thereof. Grantor's liability shall be
governed by the provisions of the Minnesota Tort Claims Act, Minn.
Stat. Section 3.736, and other applicable law. Subgrantee's
liability shall be governed by the provisions of the Municipal Tort
Claims Act, Minn. Stat. Ch. 466 and other applicable law. This
clause shall not be conatrued to bar any legal remedies either
party may have for any other party's failure to fulfill its
obligations pursuant to this Subgrant Agreement.
6. FINANCIAL MANAGEMENT
Subgrantee's financial management system for funds awarded by this
subgrant must conform to the requirements of 13 CFR 143.20.
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7. INSPECTION AND RETENTION OF RECORDS
The programmatic and fiscal books, documents, papers, and other
records, and accounting procedures and practices of Subgrantee and
its contractors relevant to this Subgrant shall be subject to
examination by Grantor, the State Auditor and/or the Legislative
Auditor, SBA, the Comptroller General of the U.S. or their
authorized agents, including independent auditors, for as loag as
the records are retained for the purpose of audits, examinations,
excerpts, and transcripts. Subgrantee must require its contractors
to comply with this provision.
Subgrantee and its contractors must retain all records relating to
this Subgrant for a period of three years after it submits its
final expenditure report or until completion of any litigation,
claim, negotiation, audit, or other action, whichever is later.
Subgrantee must require its contractors to comply with this
pravision.
8. APPLIGABILITY OF LAWS
Subgrantee agrees to abide by all state and local laws applicable
to this Agreement and agrees to fulfill all requirements of the SBA
Natural Resources Development Program for Community Tree Planting
{13 CFR parts 121.1013 and 125.12) including all applicable Federal
laws, executive orders, and their irnplementing regulations for
federally €unded projects, specifically 13 CFR part 143 and the
requirements contained on the attached Exhibit A which is made a
part hereof. These include, but are not limited to:
(a) Compliance with the Single Audit Act of 1984, 31 U.S.C. 7501-
750'I. Audit requirements for Subgrantees who are units of
government are contained in OMB Circular A-128. Subgrantee
shall provide Grantor with one copy of any audit required by
the Act. If corrective action is required as a result of the
audit, Subgrantee agrees to furnish Grantee with a copy of
the corrective action plan and agrees to take appropriate
corrective action within six months after Subgrantee's
receipt of the audit report. (Subgrantees who receive less
than $25,000 in federal financial assistance from all sources
during Subgrantee's fiscal year are generally not subject to
a federal Audit requirement. ) (13 CFR part 143.26)
(b) Minimization of the time elapsing between Subgrantee's
receipt of funds from Grantor and their disbursement in
accordance with U.S. Treasury Regulations, 31 CFR part 205.
Subgrantees may not accrue more than $100 in interest on
granted funds per year. Any excess must be promptly remitted
to SBA. (13 CFR part 143.21)
9. EFFECT OF FEDERAL LAW
In the event of conflict between provisions of this Agreement and
federal laws, executive orders, and their implementing regulations,
the federal laws, executive orders, and their implementing
regulations shall govern.
10. COPYRIGHT
The SBA reserves a royalty-free nonexclusive, and irrevocable
license to reproduce, publish, or otherwise use, and to authorize
others to use, any copyrighted materials and reports developed
under this Subgrant. Subgrantee agrees to notify and provide three
copies of any such copyrighted materials to Grantor for submission
to SBA.
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11. LOBBYING
Subgrantee certifies that no Federal appropriated fund� have been
paid or will be paid, by or on its behalf, to any person for
influencing or attempting to influence an officer or employee of
any federal agency, a Member of Congresa, an officer or employee
of Congress, or an employee of a Member of Congress in connection
with any of the following covered Federal actions: 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 and to otherwise comply with the provisions regarding
lobbying. and disclosure contained in 13 CFR part 146.
Subgrantee certifies that, if any funds other than Federal
appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence anyone named in the
preceding paragraph in connection with the listed covered Federal
actions, Subgrantee shall complete and submit to Grantor ,Standard
Form LLL "Disclosure Form to Report Lobbying" in accordance with
its instructions.
Subgrantee agrees to include the language of this Certification in
its contracts under this Subqrant and to require its contractors
to certify and disclose accordingly.
12. USE OF SPECIFIED BUSINESSES
Unless otherwise specified herein, when consistent with the
efficient performance of this subgrant, Subgrantee should contract
, with small businesses to purchase supplies and services.
Subgrantee must make its best efforts to award contracts to
minority business enterprises as provided in Executive Order 11625,
women's business enterprises, and labor surplus area businesses.
13. APPLZCABILITY OF 48 CFR PART 9.104
Subgrantee agrees to inform its small business contractors that �
their responsibilities under this Agreement are governed by 48 CFR
part 9.104.
K. ANTI-TRUST
Subgrantee hereby assigns to the State of Minnesota any and all clai.ms
for overcharges as to goods and/or services provided in connection with
this Agreement resulting from antitrust violations which arise under the
antitrust laws of the United States and the antitrust laws of the State
of Minnesota. •
L. INSPECTIONS
Grantor shall have the right to make on-site inspections of any work
undertaken pursuant to this Agreement. Subgrantee shall assist and
facilitate inspections of field sites and ongoing operations by Grantor,
; SBA, or their authorized representatives.
M. DEBARRMENT
Subgrantee certifies that neither it nor its principals is presently
debarred, suspended, proposed for debarrment, declared ineligible, or
voluntarily excluded from participation in this Subgrant by any Federai
; department or agency. (13 CFR part 145 and App. B)
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10. Witl comply, if appiicable� with haod inaurance . 13. Wilt assist the awardin� agency in a�aurin�
purchase requirements of Section 102(a) of the compliance with Section 106 of the Nationat
Flood Disaster Protection Act of 19?3 tP.4.93-234) Hlstoric Preservation Act of 1966�as 4mended(16
which requtrea ceeipienb[n a spectal flood hazard � U.3.C. 470), EO 11693 (Identlticatton a�d
area to participate in the program andto punhase protection of hiatoric properties)� and the
fiood insurance if the totat co�t of insurable Archaeologicat and Historic Preservation Act af
coRstruction and acquisition ie=10,000 or more. 1974(16 U.S.G 469a-1 et seq.).
11. Will comply with environmental standards which 14. Wilt comply with P.L. 93-348 rtgarding the
tnay be prescribed pursuarit to the foliowing: (a) protection of human subjects involved in cesearch�
. institutioa of environmental quality control developmeat;and releted activitiea aupported by
meaaures under the National� Environmental this awacd of assistance. � � -
Poticy Act of 1969 (P.L. 91•190) and Executive 15. Witl comply with the Laboratory Animal Welfare
Order (E4) 11514; (b) notification of viotatinQ" Act of 1966 (P.L. 89-544. aa amended, ? U.S.C.
--facitities-pc:rsqant-ta-EO !lT38; (c)�protection of- ------Z131 et seq.)pertaining to the care;handli6g�-and"—�
wetlands purauant to EO I1990; (d) evaluation`of: treatment of warm�blooded�-animals�held for
ttood hezarda in tloodplaias in aceordance with EO` �anh.teaching;or other activities supported by
11988; (e)assurance of project consistency with �is�ward of assistance.'-- `
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the approved,_State' msnagement program � . - .r : ,. , ._.
:.__.. . _ ..: _ ..: - :.,, ,
developed under the Coastat Zone Management 16. Will comply with the Lead-Based Paint Paisoning
Act'of 19T2 (16 U.S.C:- �f'145I et seq.); (fl- Prevention-Act (42_U.S.C. ;�.4801 et seq) which
conformify of Federst actions to State (Clear Air)= prohibita the use of_lead based paint. in
Implementation Plans under Section 1?6(c) of the construction or rehabilitation of residence
ear ir ct o , as amen .S.C: f structures. .. . . ----
?40fe!seqJ:(g?Protection of uriderground�sources . .- ��.�,;;� ,. , : . :�: �;;.. _: , _, ; : �,
of drinking_water undec the Sefe Drinkin�Water 1T. Will cause to be performed the required finacKial
Act ot 1974, as imended, (P.L:�93•323);.and'(h) �d compliaaca audits in accordance with the
_ protection ot endangered speciea"uiidec"the Single Audit Act of 1984. , - _
Endaa�ered Speciea Act of 19?3,as amended,(P.L. ; 16. Will eomply:with all applicable requirements of all
93'203). . _ . . other.Federal law�. executive orders� regulations
12. Wi2l�coinpiy with the Wild and Scenic Rivers Act and poticies governing this pragram.
' of 1968 ti6 U.S.C: f g 1271 et'seq.) related to . ,-�... --:,_> . - _
protectin�components or potential oompoiients of .. ;._ � : • .
Lhe national wild and scenic rivers system. " . . ._ ,
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