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HomeMy WebLinkAbout10- Urban and Community Forestry Grant Agreement City of Bozeman Program Development ProjectMaximum amount under this Agreement: $5,000.00 If adding additional funds, put new maximum amount. Otherwise enter origina amount. Source(s) of Funds 1) USDA FS Grant 08 DG 11010000 013; CFDA #10,664 2) 2) Workers Comp FOR DNRC USE ONLY Agreement Amendment Div. Fiscal Legal Procurement (CSD) Related Fund Subclass Org Percent Amount Expiration Amendment 1) 03283 555CH 51146 $5,000.00 September 1, 2010 Approved by N/A Attached Exempt 'l di be forwarded 2010 URBAN AND COMMUNITY FORESTRY GRANT AGREEMENT CITY OF BOZEMAN PROGRAM DEVELOPMENT PROJECT THIS GRANT AGREEMENT for Urban and Community Forestry (UCF) Program Development Grant assistance between the Montana Department of Natural Resources and Conservation (DNRC) and the City of Bozeman, Federal Tax ID 81- 60001238, hereinafter referred to as "Grantee" is awarded and administered by DNRC, and is consistent with the policies, procedures and objectives of the Cooperative Forestry Assistance Act of 1978, Public Law 95- 313; Food, Agriculture, Conservation, and Trade Act of 1990, as amended, Public Law 101 -624. The grant contemplated under this Grant Agreement is awarded under the Federal grant and Catalog of Federal Domestic Assistance (CFDA) number as noted above. The funds granted under this Grant Agreement represent a subaward under a Federal grant or cooperative agreement. Award of these funds requires the Grantee to certify, and Grantee's signature below represents its certification, that: 1. It will abide by all certifications and assurances set forth in Federal Forms AD -1048, "Certification Regarding Debarment, Suspension, Ineligibility Voluntary Exclusion and SF -424B, "Assurances Non Construction Programs;" both forms to be signed and returned as part of this Grant Agreement, are attached hereto as Appendix "A" and Appendix "B" and incorporated herein by reference. 2. It is not delinquent on the repayment of any federal debt. 3. Its subgrantees and/or contractors are not ineligible for federal funds as outlined in 7 CFR Part 3017, Governmentwide Debarment and Suspension (NonProcurement) by using Form AD -1048 and the on -line EPLS System (Excluded Parties List System) to verify their status. 4. lt is in compliance with the Drug-Free Workplace Act of 1988. 5. it is in compliance with Public Law 101-121, Section 319, which covers restrictions regarding lobbying. 6. It will comply with 7 CFR, Sec. 3016.42 (records retention and access). 7. It will comply with the Single Audit Act Amendments of 1996 and with OMB Circular A- 133, "Compliance Supplement," establishing audit requirements for states, local governments, Indian Tribal governments, and non-profits that administer federal financial assistance programs. 8. It will comply with OMB Circular A-122 for cost principles, relocated to 2 CFR, Part 230, if it is a non-profit organization; with A-21, relocated to 2 CFR, Part 220, if it is an educational institution; with A-87, relocated to 2 CFR, Part 225, if it is a local government or a Native American Tribe, or with FAR 31.2 if it is a for-profit organization.. 9. It will comply with OMB Circular A-110 for administrative requirements, relocated to 2 CFR, Part 215, if it is a non-profit organization or a for-profit organization; with A-110, relocated to 2 CFR, Part 215, if it is an educational institution; or with A-102 if it is a local government or a Native American Tribe. 10. It will comply with the Victims of Trafficking and Violence Protection Act of 2000, section 106(g), as amended [22 U.S.C. 7104(g)] and will not engage in severe forms of trafficking in persons during the period of time that the subaward is in effect; will not procure a commercial sex act during the period of time that the subaward is in effect; and/or will not use forced labor in the performance of the subaward. 11 It will comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, Executive Orders, regulations, and policies. 12. The following nondiscrimination statement will be posted in primary and secondary recipient/cooperator offices, at the public service delivery contact point and included, in full, on all materials regarding such recipients/cooperators' programs that are produced by the recipients/cooperators/ for public information, public education, or public distribution (including electronic distribution): "In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer. If the material is too small to use the entire statement include, in print size no smaller than the text: "This institution is an equal opportunity provider." The parties to this Grant Agreement, in consideration of the mutual covenants and stipulations set out herein, further agree as follows: Section 1. Purpose. The purpose of this Grant Agreement is to establish mutually agreeable terms, conditions and specifications to implement a UCF Program Development project in or near, the City of Bozeman, Montana. Section 2. Term. This Grant Agreement is effective when signed by all parties to the Agreement, or upon compliance with Section 8, Personnel, whichever is later, and shall terminate on September 1, 2010, unless terminated earlier pursuant to Section 15, Termination. The DNRC may, pursuant to Section 18, Grant Agreement Renewal, grant an extension for completion upon request and showing of "Good Cause" by the Grantee. Good Cause is defined as external 2 factors preventing the Grantee from completing the work, including but not limited to, inadequate staff, construction, hazard trees or other barriers on project site(s), and extensive and prolonged inoperable weather conditions. A request for extension must be submitted in writing thirty (30) days prior to the termination date if an extension is to be considered by DNRC. Refer to Section 5, Grant Disbursements, for information on disbursements and specific expiration dates corresponding to individual funding sources. Section 3. Liaison. For all purposes requiring communication with the DNRC under this Grant Agreement, Grantee shall direct such communications to Jamie Kirby, 2705 Spurgin Rd, Missoula, MT 59804, phone number 406-542-4284, and e-mail address jamiekirbymt.00v. Al! communications by the DNRC to Grantee shall be addressed to Ryon Stover, 814 North Bozeman Avenue, Bozeman, MT 59715. Section 4. Scope of Work. Grantee hereby agrees to carry out the project description as outlined in the 2010 UCF Program Development Grant Application, Bozeman Tree Inventory Update, attached hereto as Appendix "C" and Application Addendum attached as Appendix "D'', both incorporated herein by reference, which describe the projects and activities to be performed upon municipal lands by Grantee and their required dates of completion. Funding will not be provided if the requirements outlined in Appendices "C" and "D" and "are not fulfilled. Section 5. Grant Disbursements. The commitment by the DNRC to expend money, or to perform any work, is contingent upon the DNRC receiving funds under the Cooperative Forestry Assistance Act of 1978, Public Law 95-313; Food, Agriculture, Conservation, and Trade Act of 1990, as amended, Public Law 101-624. No liability shall accrue to the DNRC or its officials in the event such funds are not appropriated or allotted as authorized under the Cooperative Forestry Assistance Act of 1978, Public Law 95-313; Food, Agriculture, Conservation, and Trade Act of 1990, as amended, Public Law 101-624. The DNRC shall reimburse Grantee for costs actually incurred after the Grant Agreement has been fully executed in an amount not to exceed Five thousand and no/100 dollars ($5,000,00). Basis of payment will be as reimbursement of actual expenses with a one hundred percent (100%) matching requirement by Grantee of cash, in- kind and/or donated contributions. In order to receive reimbursement, Grantee must provide the DNRC with receipts establishing that Grantee has expended funds for approved project activities totaling twice the grant amount. Documentation may include but is not limited to itemized receipts, vendor invoices, inspection certificates, financial reports, payroll records, and documentation supporting volunteer hours and activities. DNRC will determine whether documentation submitted adequately supports the disbursement request and may require additional documentation before approving payment. Grantee shall submit invoices to the DNRC for reimbursement of approved services as outlined in Appendices "C" and "D". Payment will be made within thirty (30) days of delivery of services/goods or receipt of a properly executed invoice, whichever is later. Section 6. Compliance with Applicable Laws. All work must be done in accordance with all federal, state and local law, statutes, rules and ordinances. It shall be Grantee's responsibility to obtain all permits, licenses or authorizations that might be required from government authorities for completion of the project. Procurement of labor, services, supplies, materials and equipment shall be conducted according to applicable federal, state and local statutes. This Grant Agreement shall not be taken to imply that any permits or authorizations applications for which must be submitted to DNRC or other State agency for issuance will be approved. Section 7. Montana Law and Venue. The parties agree that any action at law or suit in equity, or judicial proceeding for the enforcement of this Grant Agreement or any provision thereof shall be instituted only in the courts of the State of Montana, and it is mutually 3 agreed that this Grant Agreement shall be governed by the laws of the State of Montana, both as to interpretation and performance. In the event of litigation concerning the terms of this Grant Agreement, venue shall be in the First Judicial District in and for the County of Lewis and Clark. Section 8. Personnel. Grantee is an independent agent and is not an employee, officer, or agent of the State of Montana or of the DNRC. The DNRC is merely granting funds to Grantee for use on a project to benefit Grantee. The Workers' Compensation laws applicable to the DNRC as an employer do not cover Grantee, its employees, and contractors. Any employees, as defined by Montana Code Annotated 39-71-118, providing services or work paid under this Grant Agreement, including employees of any contractors, must have worker's compensation coverage or be under an approved exemption. Grantee's failure or the failure of its contractor to provide or continue workers' compensation coverage or an approved exemption for employees providing services or work under this Grant Agreement shall automatically void this Grant Agreement. Section 9. Equal Employment Opportunity. Any hiring of employees under this Grant Agreement shall be on the basis of merit and qualifications, and there shall be no discrimination on the basis of race, color, religion, creed, sex, national origin, age, disability, marital status, or political belief. As used herein, "qualifications" mean qualifications as are generally related to competent performance of the particular occupational task. Section 10. Public Information and Ownership of Products. All information resulting from the project funded under this Grant Agreement shall be made available to the public. Upon completion of this Grant Agreement, all information, reports, data, records, documents, and materials pertaining to this Grant Agreement shall be available to the public. Grantee shall indemnify and hold harmless the DNRC from liability for injury caused by the release of any information, reports, data, records, documents, and materials provided by Grantee. All copyrights, patents, or other royalty rights resulting from the completion of this Grant Agreement or the information, reports, records, data documents, materials, and end products of this Grant Agreement shall be the sole property of the DNRC. Section 11. Indemnity and Liability (Hold Harmless/Indemnification). Grantee agrees to be financially responsible for any audit exception or other financial loss to the DNRC and the State of Montana which occurs due to the negligence, intentional acts, or failure by Grantee and/or its agents, employees, subcontractors, or representatives to comply with the terms of this Grant Agreement. Grantee hereby agrees to defend, indemnify and hold harmless the DNRC from and against any and all claims, demands, or actions for damages to property or injury to persons or other damage to persons or entities arising out of, or resulting from the performance of this Grant Agreement or the results of this Grant Agreement, provided such damage to property or injury to persons is due, in whole or in part, to the error, omission, or negligent act of Grantee or any of its employees. Section 12. Assignments, Transfers and Subcontracts. The parties mutually agree that there will be no assignment, transfer or subcontracting of this Grant Agreement, nor any interest in this Grant Agreement, unless agreed to by both parties in writing as provided in 4 Section 14, Modifications. This Grant Agreement shall be binding on all successors and assigns of Grantee, including successors in interest. Section 13. Audit. Grantee shall maintain reasonable records of its performance under this Grant Agreement. Grantee agrees that the DNRC, the Legislative Auditor, or where required by law, the Montana Legislative Fiscal Analyst may audit all records, reports, and other documents that Grantee maintains under or in the course of this Grant Agreement to insure compliance with this Grant Agreement. Such records, reports, and other documents may be audited at any reasonable time. The DNRC, upon Grantee's refusal to comply with this section, may unilaterally terminate this Grant Agreement. In the event this Grant Agreement is terminated for such failure to comply, Grantee, at the option of the DNRC, shall return to the DNRC all funds previously awarded and all results of the project to date. Section 14. Modifications. No letter, telegram, or other communication passing between the parties to this Grant Agreement, concerning any matter during the term of this Grant Agreement shall be deemed a part of this Grant Agreement unless it is distinctly stated in such letter, telegram, or communication that it is to constitute part of this Grant Agreement, and such letter, telegram, or communication is attached as an appendix to this Grant Agreement and is signed by the authorized representative of each of the parties to this Grant Agreement. If executed properly under this section, modifications of this Grant Agreement do not need independent consideration to be legally enforceable. Section 15. Termination. Upon breach of any of the terms and conditions of this Grant Agreement by Grantee, the DNRC may terminate this Grant Agreement and have any and all remedies at law or equity. In the event of such breach and termination, the DNRC may further, at its option, take over the work and services and prosecute the same to completion by contract or otherwise and Grantee shall be liable to the DNRC for any excess cost occasioned to the DNRC thereby. Grantee may cancel this Grant Agreement upon the DNRC's mutual written agreement and the DNRC may postpone or cancel this Grant Agreement if subsequent funding is not available. Section 16. Waiver. A waiver of any particular provision of this Grant Agreement by the DNRC shall not be construed as a waiver of any other provision, nor shall any such waiver otherwise preclude the DNRC from insisting on strict compliance with this Grant Agreement in other circumstances. Section 17. Report(s). The Project Report Form(s), attached hereto as Appendix "E" and incorporated herein by reference, shall account for all activities related to the project. These include but are not limited to: a statement of expenditures, narratives of work completed, lists of contacts, mailing lists, and copies of publications. The deadline for submitting the Project Report Form(s) is thirty (30) days after the termination date pursuant to Section 2, Term. Grantee understands that if the Project Report Form(s) are not provided to DNRC within thirty (30) days, that DNRC may not make payment under the terms of this Grant Agreement. Failure to provide the report to the DNRC liaison as required may cause the DNRC to terminate this Grant Agreement or withhold payments to Grantee. Section 18. Grant Agreement Renewal. This Grant Agreement may, upon mutual written Grant Agreement between the parties and according to the terms of this Grant Agreement, be extended in six (6) month intervals for a period not to exceed two (2) additional years. 5 This extension is dependent upon legislative appropriations and may not exceed a three (3)-year period. Section 19. Insurance Requirements. General Requirements: The Grantee shall maintain for the duration of the Grant Agreement, at its cost and expense, insurance against claims for injuries to persons or damages to property, including liability, which may arise from or in connection with the performance of the work by the Grantee, agents, employees, representatives, assigns, or contractors. This insurance shall cover such claims as may be caused by any negligent act or omission. Primary Insurance: The Grantee's insurance coverage shall be primary insurance with respect to DNRC, its officers, officials, employees, and volunteers and shall apply separately to each project or location. Any insurance or self-insurance maintained by DNRC, its officers, officials, employees or volunteers shall be in excess of the Grantee's insurance and shall not contribute with it Specific Requirements for Commercial General Liability: The Grantee shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $300,000 per occurrence and $600,000 aggregate per year to cover such claims as may be caused by any act, omission, or negligence of the Grantee or its officers, agents, representatives, assigns or contractors. Additional Insured Status: DNRC, its officers, officials, employees, and volunteers are to be covered and listed as additional insureds; for liability arising out of activities performed by or on behalf of the Grantee, including the insured's general supervision of the Grantee; products and completed operations; premises owned, leased, occupied, or used. Deductibles and Self-Insured Retentions: Any deductible or self-insured retention must be declared to and approved by DNRC. At the request of DNRC either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects DNRC, its officers, officials, employees, and volunteers; or (2) at the expense of the Grantee, the Grantee shall procure a bond guaranteeing payment of losses and related investigations, claims administration, and defense expenses. Certificate of Insurance/Endorsements: Insurance must be placed with an insurer with a Best's rating of no less than A-. The certificate must also include DNRC's solicitation number. This insurance must be maintained for the duration of the Grant Agreement. The DNRC Procurement Bureau, P.O. Box 202601, Helena, MT 59620-1601, must receive all required certificates and endorsements within 10 days from the date of the Request for Documents notice before a Grant Agreement will be issued. Work may not commence until a Grant Agreement is in place. The Grantee must notify DNRC immediately, of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. DNRC reserves the right to require complete copies of insurance policies at all times. 6 Section 20. Contents. This Grant Agreement consists of pages 1-7, plus Appendices "A", "C'' "D" and "E. L i Date STATE OF MONTANA ss. County of LL47 Graritee or G Residing at My commission expires: Title (and Rank) Signature of notarial o ice Seal, if Any 7 ntee's Authorized Representative On the dL day of 2010 before me personally a eared ZeM A- e said instrument to be 7110 s rMi t ome known to represent the City of that executed the within and foregoing instrument and acknowledged the free and voluntary act and deed of the City of 1O7MA and purposes therein mentioned, and on oath statO ,that he/she was authorized to execute said instrument on behalf of the City of IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. M I (',I+ELLE. p7. Name typed, stamped, or printed Date Montana Department of Natural Resources and Conservation for the uses I AL ANIEMI Emil AD-1048 This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 C'ER Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. irk :11/F 1.fF P TITI FA ill 17 'TH0RI/FT RFIRF MF1TITIf IR RE (BEFORE COATPLETING CERTIFICATION, READ INSTRUCTIONS ON RE TERSE) U S. DEPARTMEATT OF AGRICULTURE Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions .1„ Appendix A 1 1111Rn R PRI T \1111 1 of 2 i By signiig and sublllIttLng this form, the prospective lower tier par icipmnt is providing the certification set out on the reverse side in accordance with these instruclions, 2 The certifica km in this clause is a material representation of fact upon which rdiuucc placed "'hen this transaction was entered into. lfitiu later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agcncy with which this transaction originated may pursue available remedies, including auspenoioouodfor debarment. 4, The terms covercd transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," lmmicipmo.''^poovn.~ "primary covered transaction." principaL" proposal, and \oluntari]\ cxeluded.' as used in tlus clausc, hae the meanings set out in the Detinitions and Coverage sections ofzulminplemoing Executive Order l2549.You may contact the person to which this proposal iusubmitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this forrn that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier co‘ered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily cxcluded from participation in this covered transaction, unless authorized by the department or agency with which, this transaction originated. 6. The prospectie lower tier participant fiir6u agrees by submitting this form that it il1 inelude this clause tided "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Trmoauu6mms modification, in all lower rier covered transactions arid in all solicitations for lower tier covercd transactions. 7. A participant in a covered transaction may rely upon o certification ufu prospective pxnjcipxu/ in a lower do covered transaction that it is not debarred. suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that thc certification is erroneous. Apurdcipaot may decide the method and frequency by which it determines the eligibility of its principals. Each participant niav, but is not rcquircd to. K Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course u[ business dealings. Appendix A INSTRUCTIONS FOR CERTIFICATION The prospective lower tier participant shall provide immediate written notice lo the person to which this proposal i^submitted ifuz any time the prospective lower tier participant learns that its certification was erroneous when subniitted or has heconie erroneous by reason uf changed circumstances. Except for transactions authorized under paragraph 5 of these instructions, if participant in uco,crod transaction knowingly enters into o lower tier covered transaction with a person who is suspendcd. debarred, ineligible, orvoluntarily excluded from participation in this transaction, in addition 10 other remedics available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension aodordebarment. 2 1 2 VVill give the awarding agency, the Comptroller General of the United States ond, if appropriate, the Stama, through any authorized napnanentative, access to and the right to examine at n,onndm, bnoks, papem, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted a000unting standards or agency diroctives. 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 Ac of 1978 (42 U.S.C. §§47284763) 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 (PI, 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. 881081' 1683. and 1685-1686), which prohibits discrimination on the basis ofsex; (c) Section 504 ofthe Rehabilitation Previous Edition Usable Appendix B ASSURANCES NON-CONSTRUCTION PROGRAMS 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: Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of |nformaUon, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE 00 NOT RETURN YOUR COMPLETED FORM TO THE OFHCE OF MANAGEMENT AND BUDGET SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Has the lega 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) 10 ensure proper planning, management and completion of the project described in this application. 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. OMB Approval woo34e 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.G.C. §§0101'0107). which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (Pl. 92-255). as amondod, relating to nondiscrimination on the hasis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pl. 91'616). as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 0D5 and 527 of the Public Health Service Act nf1S12(42 U.S.0 §0280 dd-3 and 290 ea' 3). as amendvd, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 D.S.C. 8§3801 et seq.), as amanded, relating to nondiscrimination in the au|o, 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. (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already comphed, with the requirements of Titles 0 and ||K 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 whole or in part with Fodoral funds. Standard Form 4c*a(Rnvr Authorized for Local Reproduction Prescribed by OMB Circular A 1 of 2 9. Will comply, as applicable, with the provisions of the Davis- Bacon Ac (40U.8.C.X§276ekm275m-7). the Copeland Act (40 U.S.C. §276c and 18 U.S.C. 8874), and the Contract Work Hours and Safety Standards Act (40 U.G.C. §§327' 333). regarding labor standards for federally-assisted conotmctionsubaUreements. 10. *4|| nnmply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PI, 93-234) which requires recipients in a specia flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurabie construction and acquisition is $i0,000 or more. 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 11998; (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. h81451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plana under Section 176(o) 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 (Pl. 93-523); and. (h) protection of endangered species under the Endangered Species Act of 1973. as amended (P.L 83' Appendix B 12 Will comply with the Wild and Scenic Rivers Act of 1988(16U,S.C. §§1271etseqlrelated to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring conipliance with Section 106 of the National Historic Preservation AGt of 1960. as amended (16 U.S.C. 8470). EO 11593 (identification and protection of historic pmpen"eo), and the Archaeological and Historic Preservation Act of 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. WRIoomply with the Laboratory Animal Welfare Act of 1906 (P.L. 88-544, as amended, 7 O.O.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for reeearch.teach^nU. or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 W.S.C. §R4801 et seq.) which prohibits the use of Iead-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, "Audits of States, Local Governments, and Non-Profit 18. m0|onmplly with alt applicable requirements of alt other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL APPLICANT ORGANIZATION TITLE ii."1 k DATE SUBMITTED April 5, 2010 Standard Form 424B (Rev 7-97) Back COMM Bozeman FEDERAL TAXZD MJMBER 81-600-1238 COMMUNITY ADDRESS GITY/TOWN STATE ZIP 8l4 North Bozeman Avenue Bozeman MT. 59715 CONTACT (person to whom documents will be sent) TITLE Ryon Stover CityForester ADDRESS (f same as above, please leave b ank CITY/TOWN STATE ZIP 1 PI (DA YTIME) FAX EMAIL 406-582-3204 406-582-3201 rstover@bozeman.net TOTAL REQUEST AMOUNT (maximum request $20,000) $10,500 TREE CITY USA in 2008? yes CONTACT (SIGNATURE): Montana Department of Natural Resources and Conservation (DNRC) Below are the Project Narrative questions. Please use this document as the cover sheet and include separate paper for the ans You may use the Budget Calculation sheets as provided. This document must be signed and dated. Please answer clearly and concisely. Please be sure to include all required attachments. Failure to do so will result in disqualification. PROJECT NARRATIVE (All of the following elements must be addressed in application) 1. PROJECT DESCRIPTION: Describe your project and clearly outline its purpose and goals. 2. DEVELOPING AN URBAN FORESTRY PROGRAM: How will this project help your community develop or improve a sustainable urban forestry program? 3. PROJECT JUSTIFICATION: How will this project provide a positive impact on the community? What community needs will be met? 4. PROJECT PERSONNEL: Who will supervise and carry out the project? Please include name, title/qualification, project role, and level of involvement. 5. DO YOU PLAN TO USE VOLUNTEERS? If so, how may will be involved? Please include the number of adults and youth. What will they do? 6. PROJECT WORK PLAN AND SCHEDULE: Describe your plan of work and, schedule for completing each activity including the project activity and timetable for completion with start and finish dates. Projects must be completed by June 15, 2008. 7. DOES YOUR COMMUNITY CURRENTLY HAVE A TREE BOARD/COMMITTEE? If so, please provide information including member names, title/qualification (i.e., community official, private citizen, natural resource professional). Please note: the terms of the grant require that first time grant applicants form a tree board/committee during the grant cycle. 8. DOES YOUR COMMUNITY CURRENTLY HAVE A TREE OR VEGETATION ORDINANCE? If so, please provide a copy with this document. Please note: the terms of the grant require that second time grant applicants must complete a city/county approved tree/vegetation ordinance by the end of the grant cycle. I certify that the c don listed above has the approval of the local government to conduct this project. 2010 Urban Forestry Grant A lication CITY/TOWN/COUNTY OFFICIAL (NAME AND TITLE): •"\CAC. r) N' CITY/TOWN/COUNTY OFFICIAL (SIGNATURE): Appendix C 1 of 17 5 PROJECT EXPENSES QUANITI"Y7HOURLY RATE OR PIECE RATE GRANT" FUNDS REQUESTED (A) .APPLICANT CASH MATCH (B) VALVE OF DONATED AND IN- KIND (C) TOTAL A B C PERSONNEL EXPENSES (SALARIES/WAGES/BENEFITS) *Requested, rant funds cannot be used for regular personnel costs ofczty/town -0- employees. However, fbrestrystudent $2600 interns $2600 or slimmer forestry apprentice costs can be :included as arantfiands. $32,50x80hrs City Forester C!tv Arborrst $30x 173 x 4 $20,800 $20,800 (average hrs. /month/4months TOTAL PERSONNEL EXPENSES 0 b /i'25 ;/F13 OPERATING EXPENDITURES (T.RA VEL, SUPPLIES, RENTALS, ETC.) Tz'ee Wo rla -Basic $5,000 $5,000 .L 4 License $2,500 $2500 Arc Pad $475 $475 Ar c 1lla $1.225 $.1225 Data Collector $500 $500 3rinin. $800 $800 Arc Pad Ma, Maintenance $400 TOTAL OPERATING EXPENSES $11500 $4110 $10, ��Ur n,, ANN Pa 4 l ,.Er. 1 CONTRACTED PROFESSIONAL SERV'ICE`S (NEEDS PRIOR APPROVAL) TOTAL CONTRACTED SERVICES „g ,e�,;, •M e,4 Vi; .A;s 40i,w�w,�r,r „!a TOTAL PROJECT EXPENDITURES Appendix C BUDGET CALCULATION FORM IMPORTANT NOTE: ALL EXPENDITURES (INCLUDING CASH, DONATIONS AND IN -KIND CONTRIBUTIONS) MUST BE SUBSTANTIATED WITH RECEIPTS TO BE APPLIED TO 100% MATCH. FEDERAL FUNDS MA YNOT BE USED FOR APPLICANT' CASH, DONATED AND /OR IN CONTRIBUTIONS. 2 af 17 Appendix C City of Bozeman Inventory of Trees in Boulevards, Parks, Cemetery, and Open Spaces Project Narrative 1. Project Description: Describe your project and clearly outline its purpose and goals. The City of Bozeman will begin to update its existing tree inventory. The original inventory (hardcopy) was conducted by an MSU professor and some of his students in 1990. In 1995 the City's Forestry division purchased Canopy software, and the next and current inventory was begun. This was the first electronic version and one that is still used today. In 2004 the parks, open spaces, and cemetery were inventoried with GPS equipment. With the rapid growth that Bozeman has experienced during the past decade we are far behind. Based on the 1995 inventory there were approximately 9500 trees and 3400 planting spaces. Estimates from Planning department records show that there may be as many as 25,000 trees now currently growing on City property. We have planted, pruned, and removed hundreds of trees since 1995. There have been numerous weather events during this time. The City has added many new parks and streets over the last ten years. We have tried several times to purchase new inventory programs but for one reason or another we have not been successful. Our records are outdated and incomplete. But we hope this is about to change. We have been very impressed by Tree Works GIS Tree Management products. If we are awarded this grant we would purchase Tree Works software, Arc Map, and Arc Pad, and a hand held data collector. We would begin data collection as soon as possible after these items were purchased. This project will not be finished by the June deadline. There will be a concerted effort to finish this in a timely manner, but because we will be doing this in -house it will take longer. When possible, MSU interns will be utilized for data collection. 2. Developing an Urban Forestry Program: How will this project help your community develop or improve a sustainable urban forestry program? This project will improve and update our inventory. in addition to this it will also tell us where we have been, and where we need to be. It will help us to identify problem or hazard trees, and areas that need attention. We will be able to track service requests, develop and maintain a history for individual trees. Having a record has been a valuable tool for our insurance company. Every business should know what its assets are. 3 of 17 Appendix C 3. P 'ect]ustificadon:HovvwiUthbprojectprovdeapositime)rnpactonthepzrnnnunkv7VVhat community needs will be met? A large issue i5 that of public safety. A current inventory will enable us to be more proactive in recognizing and eliminating dangerous situations for pedestrians and automobile traffic. It will enable personnel to work in a more orderly and structured erwironmerit 50 that maintenance needs can be handled more efficiently. 4. Project Personnel: Who will su eandcanyoutthe Please include name title/qualification, project role, and level of involvement. Ryon Stover, the City Forester will oversee this project. The majority of data collection will be carried out by Jennifer Robbins, an ISA Certified Arborist and 14 year member of the City's Forestry department. OtherfuU-6meenmp|uyee4Vince GaILi and Amy Hansen, who are also ISA Certified Arborists, may be used from time to time. 5. Do you plan to use volunteers? If so, how many will be involved? Please include the number of adults and youth. What will they do? At this time we do not anticipate using volunteers. We may try to use interns from IvISU. 6. Project work plan andschedu|e: Describe your plan of work and schedule for completing each activity including the project activity and timetable for completion with start and finish dates. P jects must be completed by June 15, 2010. We wilI be purchasing software and inventory program this November and will begin training and data collection soon after purchase. We anticipate data collection will be four to five months a year until the inventory is comp!eted, but it will not be done by June 15 of 2010. 7. Does your community currently have a tree board/commhtee?If so, please provide information including member names, title/qualification (i.e., community official, private citizen natural resource professional). Please note: the terms of grant require that first time grant applicants form a tree board/committee during the grant cycle. The Bozeman Tree Advisory Board consists of: Chairperson Mary Keck, landscape designer, Shelly Engler. landscape architect, Ada Montague, County planner, Rod Walter MSU arborist, Daniel Misner, private arborist, Jeff Rupp commission liaison, City staff Michelle Dipzinski secretary, Ryon Stover, City Forester, and John Van Delinder, Street Superintendent. The Board meets the third Wednesday of the month. 4 of 17 8. Does your community currently have a tree or vegetation ordinance? tf so, please provide a copy with this document. Please note: the terms of the grant require that second time grant applicants must complete a city/county approved tree/vegetation ordinance by the end of the grant cycle. Bozeman City Ordinance 1365 attached. Appendix C 5 of 17 Appendix C ORDINANCE NO. 1365 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 12.30 FOR THE PROTECTION, REGULATION, MAINTENANCE, REMOVAL AND PLANTING OF TREES AND OTHER VEGETATIVE MATTER IN THE PUBLIC STREETS, BOULEVARDS, ALLEYS, PARKS AND OTHER PUBLIC PLACES; LICENSING TREE SERVICE BUSINESSES; ESTABLISHING THE CITY FORESTER; AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS. PREAMBLE It is the policy of the City of Bozeman, Montana, to regulate and control planting, removal, maintenance, and protection of trees and shrubs, in the public areas of the City; to eliminate and guard against dangerous conditions which may result in injury to persons using the public areas of the City; to promote and enhance the beauty of the City; to minimize adverse effects to any public sewer or water main, street, sidewalk or other public property; to protect public areas from undesirable or unsafe planting, removal, maintenance, and protection practices; and to guard all trees and shrubs within the City against the spread of disease or pests. The provisions of this ordinance shall apply to all trees and shrubs presently or hereafter planted in or upon any public area and to all trees and shrubs planted In or upon any private premises which shall endanger the life, health, or safety of persons or property. BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That Title 12 of the Bozeman Municipal Code be amended by adding a new Chapter to be numbered Chapter 12.30, to read as follows: "Chapter 12.30 TREES AND OTHER VEGETATION Section 12.30.010 Definitions. For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall* is mandatory and not merely directory. A. Board: appropriate advisory board, such as Cemetery, Park or Tree Board, appointed by the City Comma particular public area. B. City Forester: the and charged with the overseeing of a uperintendent in charge of forestry or designee, assigned as part of the professional staff of the Forestry Division to implement this Chapter and carry out its enforcement. 6 of 17 Appendix C C. Hazard: tree, or parts thereof, that by some natural cause or accident, becomes an immediate threat to life or property. P. Large Tree: trees attaining a mature height of twenty-five (25) feet. E. Maintenance or maintaining: includes but not limited to pruning, fertilization, insect and disease control, guying, cabling, bracing, and repair of trees. F. Person: any individual, corporation, partnership, joint venture, association, or any group of organized persons, including state and local governmental agencies thereof. G. Public Area: Sunset Hills Cemetery, public ways, city parks, and all other lands owned, leased, managed or occupied by the City. Public Nuisance: any tree or shrub or part thereof upon private or public property which is: dead or dying; Interfering with the use of public property by reason of its location or condition; by reason of location or condition constitutes an Imminent danger to the health, safety, or welfare of the general public or which obstructs the free safe passage of pedestrian or vehicular traffic, or obstructs a street light or sight triangle; or harboring insects or diseases which reasonably may be expected to Injure or harm other trees or shrubs. 1. Public Way: all City property deeded or recorded as public streets, roads, boulevards, alleys, sidewalks, and parking strips. J. Sight Triangle: area on the public way as described in the Bozeman Zone Code. K. Small Tree: trees attaining a mature height of less than twenty-five (25) feet. L. Street Level: the highest point of elevation of the finished surface of the street. M. Street Tree: trees planted in the public way. N. Tree Service Business: any person engaged in one or more of the following activities for profit: 2 7 of 17 Appendix C 1. diagnoses the condition of trees or shrubs 2. recornmends or supervIse treatrnent of trees or shrubs; 3. treats trees or shrubs by feeding, fertilizing, pruning, topping thmming, cutting or bracing; or 4. treats cavities in trees or shrubs. This deflnition shall include 'any person who is deemed by the City to be on"arborist" or tree expert? The term tree" shall also include a stump. Section 12.30.020 Citf Forester. The City Forester with input from the Tree Advisory Board shali hive the following respon&bIaies and duties: A. Administer, direct, manage, supervise and control all the various City tree programs; the Forestry Division; the establishment and maintenance of professional standards, training, titles and certification for Forestry Division Personnel; and the Forastry budget. B. Within two (2) years of the passage of this ordinance, develop and periodically reviev, and revise, as necessary, the Arboriculture! Specifications Manual. This manual shall contain regulations and standards supplementing this Chapter for establishing the v luptinnmmd appraisal oytrees and shrubs, and the planting, maintenance, and rernoval of trees and shrubs upon ali City-owned property. C. Enforce o, cause the enforcement of the provisions of this Chapter. Section 12.30.030 KMawxw, Street Tree Plan. The City Forester and the Tree Advisory Board, with a public hearing and approval by the City Commission. shall develop a master street tree plan which shall include but not be limited to a City-wide, street-by-street written evaluation of all space and site factors which aid in the determination of the tree species best suited to a particular planting site in regard to growing habits, shape, form, health, m|onaumwndpast resistance, conflicts with wires, lights, pavement, traffic, pedestrians, sidewalks, environmental poflution, sewers, and space availability. The Master Street Tree PIan shall also inelude a plan for a cost share tree program. From and after the effective date of the Master Street Tree Plan, or any aniendment thereof, all planting sh&I conforrn thereto. Section 12.30.040 Arboriculture! Specifications and Standards. The following specifications and standards are hereby nstob|imhedfortbormmovu|. planting, trimming, maintenance and care of trees and shrubs in the public area: -3' 8 of 17 A. Removing: Appendix C 1, No person shall m ove a tree or shrub without first obtaining a permit and paying Commission. 2. Ail trees and shrubs which are marked for removal shall be completely removed from the growing site and disposed of in an authorized manner, as determined by the City Forester. The stump shell be ground out to a depth suitable for future planting of turf. 3. Any person may make a request to the City Forester for a tree to be removed. The City Forester's decision to approve removal of a tree shall be based on its detriment to the community, due to disease, insect damage or other damage which creates a hazard to the public health, safety and welfare. Any person, aggrieved by the City Forester's decision to remove or not remove the tree may then apply to the appropriate Board having jurisdiction over the public area to overturn the City Forester's decision, except when the City Forester determines the tree to be a hazard. The person may appeal the Board's decision to rernove or not remove the tree to the City Commission. 4. If said tree is to be removed, full compensation for the cost of removal and the value of the tree will be paid by persons requesting removal. B. Planting: 1. No tree shall be planted without first obtaining a permit from the City Forester and paying r it fee established by resolution of the City any permit fee established by resolution of the City Commission. No tree with a mature height in excess of twenty-five (25) feet shall be planted under any utility line. 2. All street trees shall be planted in line with each other and at a spacing of a minimum of thirty (30) feet on center for large trees and twenty-five (25) feet on center for small trees. 3. Single-stem canopy trees may be permitted in sight vision triangles, provided that mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of fourteen (14) feet from street level. -4- 9 of 17 Appendix C 5 C. Trimming: 1. No person, except for City crews or licensed arborists with which the City has contracted for tree trimming services, shall trim a tree without first obtaining a permit and paying any permit fee established by resolution of the City Commission. 2. All trees and shrubs, including trees and shrubs on private property, which have branches overhanging a public street, shall have said branches trimmed to a minimum clearance height of fourteen (14) feet above the parking lane, unless the City Forester determines the clearance at this location would be detrimental to public safety. All trees and shrubs, including trees and shrubs on private property, which have branches overhanging a public sidewalk, shall have said branches trimmed to minimum clearance height of nine (9) feet, unless the City Forester determines the clearance at this location would be detrimental to public safety. The City Forester may waive the provisions of this section if the City Forester determines that the tree or shrub does not interfere with public travel, obstruct the light of any street light, or endanger public safety. 3. All dead wood, stubs, broken branches, badly formed branches, disease-Infected and insect-infested branches interfering with public travel, lighting, existing buildings and traffic signs shall be removed with consideration given to the symmetry and beauty of the tree or shrub. 4. Topping of trees is prohibited. D. Maintenance and Duty to Avoid Damage to 'Trees and Shrubs: 1. No person or animal under person's control shall break, injure, mutilate, kill or destroy any tree or shrub; permit any fire to injure any portion of any tree or shrub; or permit any toxic chemical to seep, drain, or be emptied on or about any tree or shrub. 2. During building operations the builder shall erect suitable protective barriers around public trees and shrubs which may be injured. If any tree is damaged or must be removed during construction, the person causing the removal of a tree shall replace the tree with a tree of equal value or 10 of 17 Appendix C pay the value of the tree as established by the Bozeman Street Tree Analysis and Recommendations, dated December 11, 1990, and amendments thereto, until updated through adoption of the arboricultural Specifications Manual. 3. It shall be the duty of the abutting property owner and tenant to maintain all street trees and vegetative growth in front of and adjoining their property and keep them free of becoming a public nuisance or hazard. E. Fastening Materials to Trees and Shrubs: No person shall fasten any sign, rope, wire or other materials to or around or through any public trees or shrubs without obtaining written permission from the City Forester, except in emergencies such as storms or accidents. F. Public Utilities: Public utility work affecting trees or shrubs shall be limited to the actual necessities of the service of the company and such work shall be done in a neat and professional manner and according to the Arboriculture! Specifications Manual. The City Forester may supervise the work performed and has the authority to stop work if not i accordance with the Arboriculture' Specifications Manual. The public utility shall replace any tree that dies or is removed with a tree of equal value or pay the value of the tree as established by the Bozernan Street Tree and Park Tree Analysis and Recommendations, dated December 11, 1990, and amendments thereto, until updated through adoption of the arboricultural Specifications Manual. G. Planting, Removal, Maintenance and Protection of Trees and Shrubs: All trees or shrubs shall be planted, removed, maintained and protected according to the Master Street Plan and the Arboriculture' Specifications Manual. Section 12.30.050 Hazards and Public Nuisances. A. It shall be unlawful for any person having supervision or control of any lot, tract, parcel of land or portion of it, occupied or unoccupied, improved or 6 11 of 17 Appendix C unimproved, within the City limits to permit or maintain on any such lot, tract, or parcel or part any tree, shrub, or part thereof which is a public nuisance or hazard and it shall be the duty of such person to promptly remove, eradicate or otherwise control such condition in accordance with this Chapter and the Arboriculture! Specifications Manual. 8. Trees and Shrubs in Public Areas: If the City Forester determines, with reasonable certainty upon inspection tagt Lff examination, any tree or shrub exists in or upon any public area in a hazardous condition or as a public nuisance, the City Forester shall immediately cause it to be treated, trimmed, removed or otherwise abated in such manner as to prevent the spread of the hazard. The manner in which the hazard shall be abated, shall be determined by the City Forester. C. Trees and Shrubs on Private Premises: If the City Forester determines, with reasonable certainty, upon inspection or examination, that any tree or shrub exists in or upon any private premise in a hazardous condition or as a public nuisance, the City Forester shall immediately, in writing, notify the owner or tenant having charge of such premises of the existence of the public nuisance or hazard and issue said owner or tenant an order detailing the requirements of and the reasons for the abatement to be completed within a reasonable time to be specified in the order, but not less than 15 days. If the owner cannot be found, a copy of said notice shall be placed upon said infected tree or shrub. The owner may appeal the order of the City Forester to the City Commission within the time specified for abatement in the order. The appeal shall be filed with the City Clerk and the appeal shall be placed upon the Commission agenda as soon as practicable. Until a final determination by the City Commission, work required to be done by the City Forester shall not be required, and if the City Commission sustains all or any part of the order, It shall set the time within which the work required to be done shall be completed. -.7- 12 of 17 Appendix C 8 D. Abatement at Owner's Expense: In the event that the public nuisance or hazard is not abated by the date specified in the notice or specified by the City Commission, the City Forester is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the public nuisance or hazard was located. Section 12.30.060 Cost of Planting, Removing, Maintaining and Protecting Trees and Shrubs. The entire cost of planting, removing, maintaining and protecting trees and shrubs on all public areas and public ways of the City, when done by City employees or their contractors at the direction of the City Forester, shall be borne by the City out of the Tree Maintenance District Fund and from funds donated specifically for this purpose. When a private party other than the City, with aoproori, te oe.rot. plants, removes, maintains or protects trees and shrubs, the private party shall incur all expenses. Section 12.30.070 Tree Service Businesses and Licensing. A. License Required: Any person who engages In the tree service business within the corporate limits of the City shall first obtain International Society of Arboriculture (ISA) certification, or an equivalent, and obtain and maintain a City license in accordance with Title 5 of the Bozeman Municipal Code. If a license or permit to engage in the tree service business is required by the State of Montana, the issuance of a State license shall be a prerequisite to the issuance of a City license. The licensee shall display the license to any of its customers or City officials upon demand. The City may suspend or revoke a license when the tree service business violates any provision of Chapter 5.04; this Chapter; any ordinances provisions relating to the health, safety and welfare of the citizens of Bozeman; or secures any license by fraud or misrepresentation to include false or Incorrect information on the license application. The procedure for license suspension or revocation is set forth in Sections 5.04.180 and 5.04.190 of the Bozeman Municipal Code, 13 of 17 a Appendix C 9 B. Insurance and Bond: Any applicant for a tree service business license shall provide at the time of application a certificate of insurance showing insurance coverage for general liability, automobile liability, worker's compensation, and other coverages required by law in minimum amounts set by the City Commission resolution. The certificate of insurance shall name the City and its officials and employees as additional insured for work on public lands. The applicant shall also provide a street obstruction bond in an amount set by the City Commission resolution for work to be performed within any public street, alley, or right-of-way in the City. C. License exemptions: Any person acting within the scope of his or her employment with any public utility, with the City, or with any governmental entity shall be exempt from the licensing provisions of this Chapter. However, the public utility or the governmental entity, except for the City of Bozeman, desiring to do work an trees or shrubs located in public areas shall be required to obtain a permit to do such work as required by Section 12.30.040. D. Protection of Utilities: A licensee shall, before commencing work on any tree or shrub, determine the location of utility facilities, including water and sewer lines, and shall be responsible for contacting any joint utility locator entity ln operation for subsurface work or, if such entity is not in operation or does not provide service for above-ground work, each utility or entity owning such facilities. This section applies to overhead and underground facilities. E, Permit for Removal of Trees on Public Right-of-Way: At least 48 hours prior to engaging in any work (eXCept in the case of a hazard), a licensee shall apply for a permit to do any work on any tree or shrub which is located in any public area. The permit application shall be filed with the City Manager or the City Manager's designee on a form provided by the City. The application shall contain any information required by the City for processing the application, including the scope and nature of the work to be performed on the specified tree or shrub, 14 of 17 Appendix C The City shall Issue the requested permit only if the proposed work complies with ail applicable laws and ordinances, any master street tree plan, eny urban forestry plan, and any Aboricultural Specification Manuals adopted by the City and upon payment of permit fee as established by City Commission resolution. F. Debris Removal: A licensee shall clean the work site and remove any debris after completing any work on public or private property, including the removal of branches, twigs, and chips. G. Stump Removal: All stumps on public right-of-way shall be removed to a depth of at least eight (8) inches, and all holes remaining from the stump removal shall be filled with dirt and covered with 4 appropriate ground cover. ft Power Equipment: All power equipment used by a licensee shall include reasonable safety devices to protect employees and other persons. Section 12.30.080 Enforcement. A. Authority of City Forester to Enter Private Premises: The City Forester is charged with enforcement of this Chapter and to that end may enter upon private premises at any reasonable times for the purposes of examining and inspecting any suspected public nuisance or hazardous tree or shrub in order to carry out duties assigned under this Chapter; provided that the City Forester first makes a reasonable effort to locate and notify the owner or other persons who have charge or control of premise and demand entry. B. Interference with the City Forester or Staff; No person shall prevent, delay or interfere with the City Forester, or the City Forester's assistants or agents, while engaged In or carrying out the execution or enforcement of this Chapter. C. Penalty: Any person who violates any provision of this Chapter or who fails to comply with any notice or order issued pursuant to the provisions of this 10 15 of 17 Appendix C. Chapter, upon a conviction or plea of guilty shall be fined in an amount not to exceed 4500.00 or be imprisoned for any term not to exceed six months or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. The court, also, shall order restiti.jtion to the City for each tree or part thereof, unlawfully damaged, destroyed or removed." ectinrL2 REPEALER All rosotutions, ordinances and sections af the Bozernan Munioipa Code, or parts thereof, in conflict herewith are hereby repealed. Section 3 SAVINGS PROVISION This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 4 SEvEmAEHmTY If any portion of this ordinance is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which may be given effect without he invalid provision or application and, to this end, the provisions of this ordinance are declared to be oovonab|o. §wctio»5 EFFECTIVE DATE This ordinance shall be effective thirty (30) days after second reading and final adoption as provided by law. PROVISIONALLY PASSED AND ADOPTED by the Cfty Commission of the City of Bozeman, Montana, at a regular session thereof helcl on the 12th day uf April 1g93. ATTEST: ROBIN L, SULL Clerk of the Conimission TIMOTHY SWANSON Mayor 16 of 17 ATTEST: ROBIN L. SULLIVAN Clerk of the Commission PAUL J. LUWE City Attorney Appendix C FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26th day of April 1993. TIMOT Y S SON Mayor APPROVED AS TO FORM: 12 17 of 17 December 10, 2009 Dan, Enclosed please find the revised Budget sheet, and a more detailed explanation of how the project will be conducted. Let me know if you need more information. Ryon Stover R City of Bozeman Appendix D THE CITY OF BOZEMA 614 N. BOZEMAN AVE. P.O. Box 1230 BOZEMAN, MONTANA 59771-1230 PHONE (406) 582-3200 FAX (406) 582-3201 CITY SHOP COMPLEX HO E OF ONTANA STATE U 1VERSITY GATEWAY TO YELLOWSTONE PARK 1 IR 1 4 2009 1 of 3 PROJECT EXPENSES City Fo rester Certified City Arborist TOTAL PERSONNEL EXPENSES OPERATING EXPENDITURES .END (T Tree Wor ks Basic TOTAL OPERATING EXPENSES QUANT7T Y/HOURLY RATE OR PIECE RATE 2 692 (173 TOTAL CONTRACTED SERVICES TOTAL PROJECT EXPENDITURES 1 x 4man VEL, SUPP• Appendix D BUDGE CALCULATION PE RSONNEL EXPENSES (SALARIES/WAGES /BENEFITS) *Requested grant funds cannot be used for regular personnel costs of city/to ors nmer forestry apprentice costs can be included as grant funds. GRANT FUNDS REQUESTED (A) ES, RENTA rS S, ETC.) CONTRACTED PROFESSIONAL SERVICES N.14`.EDS PRIOR APPROVA RM APPLICANT CASH MA7 Ff employees. However, forestry student interns IMPORTANT NOTE: ALL EXPENDITURES (INCLUDING CASH DONATIONS AND IN -KIND COIVTRIBUT7O. SUBSTANTIATED WITH RECEIPTS TO BEAPPT TAD TO 10096 MATCH VALUE OF DONATED AND IN- KIND (C7 $2g800 FEDERAL FUNDS MAY NOT BE USED FOR APPLICANT CASH, DONATED AND /OR IN-IUND CONTRIBUTIONS. 2 of 3 TOTAL A +B*-C 6 .$5,00!0 Appendix D The current inventory is nearly fifteen years old, and o outdated. There was aG|S/GPS ccrnducted in 2004 for the Cemetery, parks, and open spaces, but that data is unavaiabIe to us at this time, and not compatible with Canopy software. This new inventory program will allow us to complete the entire municipality in one time frame, not as before as two separate Inventories conducted nine years apart. Data collection will begin as soon as the software is purchased, installed, and personnel are trained. Ryon Stover, City Forester, will oversee this project. The majority of the data collection will be handled by Jennifer Robbins, an ISA Certified Arborist and fourteen year member of the City's Forestry department. Jennifer collected data for the first inventory and has experience with the operation of inventory software and data collection devices. Other full- time employees Amy Hansen and Vince Galli, both ISA Certified Arborists will also assist with data collection as time allows. Jennifer Robbins will also be responsible for maintaining data and keeping records current and up to date. This will be done on a daily basis. We are currently working with aur GIS department to purchase the best data coflection device for our project. There are several models that we hope to test before making the actual purchase. We will also be installing software on our Panasonic Toughbook so that two people can be collecting data when time permits. The original Canopy inventory data will be kept for the purpose of maintenance history, and used str[ctiy for reference. Type of Project Expenses* Hourly Rate or Piece Rate (per each) Quantity (a) Grant Funds Requested (b) Applicant Cash Match (c) Value of Donated In-Kind Total (a) (b) (c) Column Totals N/A N/A Grant Program: Appendix E MONTANA URBAN COMMUNITY FO STRY GRANT PROJECT REPORT FORM Grant Agreement Community Federal Tax Identification Number, Grantee Requesting Paymentfor Program Development Grant: Payment Maiing Address: Total Reimbursement Amount Requested, all receipts must be included: Total Matching Amoun Claimed (b) +(c) alL rece must be included. Total number of volunleers involved in a! aspects of the project: Eslimated total volunteer hours R8PDRIINGINFOBMA%IVN[U Program Development Grants require a 100qo match in addition to the grant amount.. (Example: $l000 grant award lV0vu match requirement -$l000nuamh), Receipts are required for all reimbursable and matching expenses claimed. As per the Grant Agreement. cornmunitie,s will be reirnbursed for actual costs not to exceed tI-ie grant aniount. If receipts total more than the specified grant amount, the community will be responsible for all add.itional costs. 2010 UCF Project Report Form row e o er rojec expense category ypes as nee e on the fo lowing page Please mail this report, receipts, and all additional documentation to: Montana DNRC, Urban and Community Forestry Program, 2705Spurgin Road, Missoula, Montana 598O4'31QA Over Revised 10/09 Grant Program: Community: Federal Tax Identification Number: Type of Project Expenses* Column Totals Hourly Rate or Piece Rate (per each) N/A Appendix E MONTANA URBAN COMMUNITY FORESTRY GRANT PROJECT REPORT FORM Quantity N/A Grant Agreement (a) (b) (c) Grant Applicant Value of Funds Cash Donated Requested Match In-Kind Total (a) (b) (c) PROJECT REPORT FORM CHECKLIST: Include ALL receipts for any amount (matching or ciaimed for reimbursement) Ensure any purchases and activities occur BEFORE grant expiration date Attach any additional requirements mentioned in grant agreement (i.e. maintenance plan, purchase/bidding documents, etc.) Attach narrative summary of work completed (describing project, positive outcomes, challenges, etc.) Include any pictures or articles related to the project, if applicable Provide sample of finished product, if applicable (i.e. copy of inventory, management plan, etc.) 2010 UCF Project Report Form Revised 10/09