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HomeMy WebLinkAboutResolution - 6584 - Grant Agreement - TGSUFPG Program - Parks & Lubbock Area, Reference Materials - 10_28_1999Resolution No. 6584 Oct. 28, 1999 Item No. 21 RESOLUTION WHEREAS, the Texas Forest Services has established an Urban Forestry Partnership Grant Program, the goal of which is to develop long-range urban forestry programs in communities across Texas; and WHEREAS, the stated purpose of the program is to support new initiatives, to expand existing programs, and or foster activities that would not occur without grant funds. Types of projects eligible for funding include Program Development, Information and Education, and Demonstration or Site -Specific Projects; and WHEREAS, citizen surveys conducted in 1998 rated trees as high priority for parks. Residents often express interest in donating trees for park planting; and WHEREAS, excellent general reference materials for trees are available however, these materials do not address conditions encountered in Lubbock and rarely provide adequate graphic representation of trees that are best suited for planting in Lubbock; and WHEREAS, the City Council desires to apply grant funds to develop reference materials specific to parks and the Lubbock area, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a grant agreement by and between the City of Lubbock and Texas Forest Services Urban Forestry Partnership Grant Program, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of October 1999. f, '. x; WINDY 911TON, Y R A ESTLx� Ka a Darnell Ci ecretary APPROVED AS TO CONTENT: 1�,L Corbin Pemberton Interim Parks/Recreation Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney CcdocsfUrban Forestry Service Grant Program.Res October 19, 1999 "�• Resolution No. 6584 Oct. 28, 1999 Item No. 21 Federal Program g Grant Number: 99-01-01 CFDA Number: 10.664 Grant Amount: $10,000 Period: 10-01-99 to 9-30-00 Local Match: $10,000 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 the City of Lubbock, 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 develop a tree planting and care guide for the Lubbock area, which will illustrate trees best adapted to the climate of the southern plains. Grant and local funds will be used to print up to 30,000 guides for distribution and additional match will consist of staff time in preparing the guide. Article 2. The $10,000 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 50k of the approved project expenditures, not to exceed the full amount of the grant. The Grantee shall be responsible for a minimum matching requirement of $10,000, 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. - 2 - �y 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, 2000, at the latest. (If required, a copy of the Single Audit report covering the grant period must also be submitted.) Article S. 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. 1 Grantee: Grantor r', J SicrrUture Mayor Title City of Lubbock ©ism e ATTEST (LfL Kay h e Darnell City ecretary APPROVED AS TO CONTENT: Corbin Pemberton Interim .Parks/Recreation Manager APPROVED AS TO FORM: William de Haas, Attorney S _ _ Resolution No. 6584 Oct. 28, 1999 Item No. 21 !I S �' - U.S. DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS _ __- STATES AND STATE AGENCIES - _ FEDERAL FISCAL YEAR IAJv This certification is required by the regulations implementing Secdpns SIS1-5160 of the•Drug-Free Workplace Act of 1998 (Pub. L 100 ", Title V, Subtitle D; 41 USX. 701 et seq.), 7 CFR Part 3017, Subpart F. The regulations, published as Part 11 of the May 23, 1990 Federal Rea ster (pages 21681- 21691). require certification by grantees, prior to award, that they will maintain a drug -free workplace. Section 3017A30(c) of the regulation provides that a grantee that Is a State may elect to make one certification. to the Department of AgHcultum In each Federal fiscal year In lieu of certificates for each grunt during the Federal fiscal year covered by the certification. Ile certificate set out below is_a material representation 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 should send It to: U.S. Department of Agriculture, Office of Finance and Management, Federal Assistance and Fiscal Policy Division, Federal Assistance Team, Room 3031 South Building, Washington, D.C. 202M. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON PAGE 3) A. The grantee certifies that It will or will continue to provide a drug -free workplace by: (a) Publishing a statement noWng 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; and (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 paragraphi ,(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 1. Form AU•10.. tR£V =/`)u' criminal drub statute occurring ir the workplace no tater than rive 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 otficer an _whose grant activity the convicted employee was working, unless the Federal agency.'has designated a central point for the recelpt of such notices. - Notice shall include the Identification number(s) of each affected grant; (p Taking 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 masataln a drug -free workplace through Implementation of paragraphs (a), (b), (c), (d), (e) and (f). This certification is for a State (All Single State Agency (check one) Q ' State Agencies) Q s 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,- dty, county, State, zip code) 1625 — 13th Street. Lubbot`lc. Texas 79457 Check if there are workplaces on rile that are not identified above. City of Lubbock.' State/State Agengq Name William de Haas. Attorney Name and ttk of Authorized Representative • rg vci 5y ww- Signature Date Please append to this form a list o!anv State agencies the Governor has excluded from this certification. Form AD-10:'_ (REV :/9U AV INSTRUCTIONS FQR CERTIFICATION 1,- Ny signing and submitting tads form, the grantee Is providing the certification set out on pages 1 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 knoKin'glv""-�' rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace. Act. the agency, In addition to any other remedies available to the Federal Government, mar take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grontees other than Individuals, need not be identified on the certification. if known, they maybe identified In the grant application. If the grantee does not identify the workplaces at the tltge of application, or upon award, If there Is no application, the grantee must keep the Identity of the workplace(s) on rile in Its office and make the information available for Federal Inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workpliice requirements. 4. Workplace Identifications must Include the actual address of buildings (or parts of buildings) or other sites where work under the' grant takes piace. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or 4t2te highway department while In operation, State e..;ployees in .each local unemployment ogwe, p4 . formers in concert halls or radio studios). S. if the workplace Identified to the agency changes during the performance of the grant, the grantee shall Inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. Definitions of terms. In the Nonprocurement Suspension and Debarment common rule and Drug 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 O.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through,1308.1S); '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 of any controlled substance; 'Employee' means the employee of a grantee directly engaged In the performance of work under a grant, including (i) all 'direct charge' employees; (ii) all 'indirect cliarge' 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 granter (e g., volunteers, even If used to meet a matching requirement; consultants or'Independent contractors not on the grantee's payroll; or employees or subrecipients or subcontractors in covered workplaces). 3 Form AD-1032 (REV 5/90) ASSURANCES - NON -CONSTRUCTION PROGRAMS Resolution No. Oct. 28, 1999 OMB Approval No. 0348-0040 Item No. 21 PuqhwHLC reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing r'tons, searching existing data sources, gathering and maintaining the data needed, and'completing-and-reviewing-the collection of ..ation. Send comments regarding the burden estimate or any other aspect of this collection .of-Jnformationrincluding-suggestions-for reducing this burden, to the Office of Management and Budget, Paperwork Redaction 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, I certify that the applicant: 1. 2. Has the legal authority to apply for Federal assistance and the institutional, managerial aid 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. 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 1270 (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 Previous Edition Usable 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 oasis 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; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, 0) 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. 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- 12. Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act w (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), regardinglabor standards-- for federally -assisted construction subagreements. 13. 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. 14. 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 of 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). JAT�URREE-OF AUTHORIZED CERTIFYING OFFICIAL ORGANIZATION City of Lubbock Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the nation,-'--, wild and scenic rivers system. -'- Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 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.). 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-133,...E "Audits of States, Local Governments, and Non-Prc Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. Att DATE SUBMITTED / � I)cT g1 Standard Form 424B (Rev. 7-9i) Back 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 1352, 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. tune William de Haas, Attorney Name and Title 1,9 o4-r ff to U.J. UGrAK1MtK1 Ut AUKILULIUKL Resolution No. Oct. 28, 1999 Item No.-2-1— Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered_ Transactions :his certification is required by the regutotions implementing Executive Order 12540, Debarment and Suspension, 7 CYR •art 3017, Section 3017.510. Participants• responsibil+'ties. The regulations were published as Port IV Of the January 30; 1949, federal Register, (pages 4722-4733). Copies of the regulations say be obtained by contacting the Department of -Agriculture agency offering the proposed covered transaction. (SE/ORE COMPLETIri CERTIFICAT1Or, READ INSTRUCTIONS OM REVERSE) (1) The prospective primary participant certifies to the best of Its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarsent, doctored ineligible, or voluntarily excluded from covered transactions by any federal department or agency: (b) hove not within a throe -year period preceding this proposal been convicted of or had a Civil judgment rendered against them for commission Of fraud or a Criminal Offense in connection with obtaining, attempting to obtain, or performing a public (/ederel, State K locall tronsaetlon or contract under a public transaction; violation of Federal K State antitrust statutes or commlesien of embettlement. theft, forge", bribery, falsification or destruction of records, mating false statements, or resolving stolen propartr= ( (e) are not prosently indicted for or Otherwise Criminally or civilly Charged by a Severnmentsl entity ( hderal, State Of lecali with Commission of any Of the offenses enumerated In par"raph (003 of this cortification; and (d) bow not vithilk a throo•year period preeedlnp this applieation/peopesal had one or veto public tratnsaations (Federal, State K local) tardnatad for causs Or default. (2) wkw* they prespostivo primary participant is unable to certify is any of the statements in this aertiffestien, such prespeetive participant *hall sttach on explanation to this prepeOOt.. City of Lubbock !, - 0 _ ,�I111,'Ir r-' Organization Mae+ ft/Awrd Humber, or Project raise William de Haas, Attorney ry 9-'b(d TVf Author Reereaancaeiw Siputure / f O e- 9 oat. /ors AO.1047 (2/29) INSTRUC3:IONS FOR CERTIFI ATION 1. ty signing and submitting this form, the prospective primary participant is providing the certification set out an the reverse side in accordance with these instructions. 2. the inability of a person to provide the Certification required below will net necessarily result in demist of participation in this covered transaction. The prospective participant shall submit On explanation of why It cannot provide the certification set out On this form. The COttffieation Or explanation will be considered in connection with the department or agency's detOreilnation whether to enter Into this transaction. Novever, failure of the prospective primary partfc:fWt to furnish a certification or an explanation shall disqualify such parson from participation in this trsnsactfom. 3. The certification in this clause is a material represantation Of fact upon which reliance was placed when the department or agency determined to enter into this transaction, if it'sa later determined that the prospective primsry participant tnewingly rendered an erroneous certification, in sddttion to ether remodios available to the Fedtrsl Government, the department or sgeney may ttrminato this transaction for cause or default. 4. The prospectivt prime" participent shalt provide immediate written notice to the department er agency to whom this propesat is submitted if at any time the prospective primary participant learns that Its Certification was orrontovs when submitted or has become erroneous by reason of changed circumstances. S. The terms •covered tranasctien.e •debarrtd,e •swpandtd.a wlnatilibte,w •tower tier covered transoetien.e •participant,• ■person,o ■primary covered transaction,o •principat,• •proposal.• and •voluntarily exctudod,' as used in this efause, have the meanings set out in the Definitions and Cevaragt sections of the rules imptementsnf Executive Order 12549. Tou may contact the department or agency to which this proposal Is being submitted for assistance in obtaining a copy of those re*utatlo». e.- The prospective primary participant agrees by submitting thin form that, should the proposed covered transaction be entered into, it shall not knwwingty enter into any lover tier covered transaction with a person who is deberrod, suspended, declared inelifible, or voluntarily oxetuded from participation in this covered transaction, unless authorized by the department or agency entering Into this transaction. T. The praapeetivt primary participant further agrees by submitting this fare that it will include the clause titled nortification RMarding Otboreent, Suspension, tnotlgfbility and Voluntary Uctusion sewer tier Covered tronsaetiens,• provided by the dopartaont or efency entering into this covered trensaction, without medtficati-on, in sit favor tier covered transactions and in all oofieltationa for later tior covered transactions. S. A participant in a covered transaction soy rely upon a Certification of a prospective participant in a lower tier covered transaction that it is not dobsrred, suspended, inetigfble, or voluntarily exeludod from the covered transaction, unto" it knows that the eortiffestion is erroneous. A participant may doefdo the method and frequency by whirl it determines the eligibility of its prineipels. led participant may, but is not required to, Chock the Nonpeeturomont list. g. Nothing contain" in the foregoing shaft be construed to rewire establishment of a system of rosords.in oidai to render in good faith the certification required by this Clause. The kneatedge and information of a participant is net rewired to exceed that which to nermslly possessed by a prudent person in the ordinary eeurso Of business dose ln�a. . Ia. Except for tronsastioma authorised under paragrW A i of these Instructions, if a participant in a covered transaction knowingly enters into a lawn tfor covered transostion with a person who is suspended, dtberrod, inotfgfblo, or voluntarily excluded from participation in this transaction. in addition to other remedies available to the foderal Government, the doports"t or 04eney may terminato this tronsacttan for cause or Woutt. fore Ab•104T (2/491 MEMORANDUM TO: Bob Cass, City Manager FROM: Tommy Gonzalez, Director of Civic Services SUBJECT: Agenda Comments —October 28, 1999 City Council Meeting DATE: October 15, 1999 CITY OF LUBBOCK CONSENT AGENDA ITEM SUMMARY ITEM#!SUBJECT: Consider a resolution authorizing the Mayor to execute an agreement with Texas Forest Service for an Urban Forestry Partnership Grant. BACKGROUNDIDISCUSSION: In June 1999, Council authorized the Parks and Recreation Department to apply for a Texas Forest Service Urban Forestry Partnership Grant. Recently, the department was notified that the City of Lubbock was awarded Grant Number 99-01-01 for the development of a Local Tree Selection and Planting Guide. The total amount of the grant is $10,000 and is to be matched by the City of Lubbock. The grant funds will enable staff to develop a local Tree Selection and Planting Guide. This reference guide, which will provide information about and photographic depictions of trees best suited to this area's climate and soils, will be distributed to neighborhood groups and civic organizations in an effort to improve the combined public and private tree planting efforts in Lubbock. The guide will also serve as an additional educational resource for Keep Lubbock Beautiful. Staff estimates the cost for development and printing 30,000 copies of this reference at $20,000. The City's net cost after receipt of matching funds from the Urban Forestry Partnership Grant Program is anticipated to be $10,000. The City's portion of the project will be comprised of in -kind services. SUMMARY/RECOMMENDATIONS: Staff recommends that Council pass the resolution authorizing the Mayor to execute an agreement with Texas Forest Service for an Urban Forestry Partnership Grant.