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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: . . , ,� 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 • T. f � 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 ************************************************************************************ 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: 1 . rj s � 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. 2 L � 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. 3 � r 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. 4 . , 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. 5 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) 6 �� _ � ., � , ,� ' , 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.'-- ` ::. 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. 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