HomeMy WebLinkAboutRes 2003-21
RESOLUTION 2003-21
A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE AUTHORIZING
THE CITY MANAGER TO EXECUTE AGREEMENTS ASSOCIATED WITH TI-IE
"URBAN FORESTRY PARTNERSHIP PROGRAM" GRANT REQUEST AND
COMMITTING SHARED COST OF THE PROJECT AS DESCRIBED IN TI-IE
GRANT APPLICATION.
WHEREAS, THE 101 ST COl1gress of the United States, ill developing tile Forestry Title of
tIle 1990 Farm Bill, found tllat tIle healtll of tIle forests in tile llrban areas and
communities is on the decline; these forests, trees, and open spaces improve tlle quality of
life for residents, enl1allce econolnic value of property and are 1110re effective tllan rural
trees at red.ueing bllildup of carbon dioxide due to the added energy savings for urbatl
residents~
VlHEREAS, Congress defil1ed the pllrpose of this program to inclllde improvil1g the
ul1derstanding of the benefits of preserving existing tree cover; encourage property
owners to Inaintain trees and expand forest cover; provide ed.ucatiol1al al1d technical
assistance to local orgaIlizations in maintaining and expal1ding forest cover; provide
cOlnpetitive matcllil1g grants to local units of government and other approved
organizations for urban forestry projects; implelnent a tree plantil1g program; promote
tile establislunent of d,el11onstration projects to illllstrate the .benefits of forest cover; alld
enhal1ce teclmical skills of individu.als involved. ill establislling or m.ailltail1ing llrball
forest~
WHEREAS, the City of West Ul1iversity Place is eligible to participate in the prograln
and has sllccessfully Sllbmitted a grant ill the atllOunt of $1 0, 000, tllerefore,
BE IT RESOLVED BY THE CITY OF WEST UNIVERSITY PLACE, HARRlS
COUNTY, TEXAS:
Section 1: Tllat tIle City of West University Place hereby authorizes the City
Manager to execute all agreements associated with the "Urban Forestry Partn,ersllip
Program" Grant with tIle Texas Forest Service.
Section 2: Tllat the City of West University Place conl1uits to providil1g its sllare of
the proj ect costs tlrrougll purc11ases and "ill-kind" services as described. il1 tIle grallt
applicatiol1.
Section 3. All resolutions and parts of resolutions in COl1flict 11erewitll are hereby
repealed. to tIle extel1t of tIle conflicts only~
Section 4. If any word, pllrase, clause, se.ntellce, .paragrapll, section or otller pa11 of
tllis resolutiol1 or the applicatiol1 tllereof to any perSOl1 or circumstallce, sllall ever be l1eld
to be invalid or UI1COl1stitutional by allY court of COlnpetellt jllrisdiction, tIle remaillder of
tllis resolution 81ld tIle applicatio.n of SllCl1 word, phrase, clallse, sentence, paragrapll,
section or otller part of this resolution to allY otller persons or circumstal1ces sllallllot be
affected. t11ereby.
Section 5 ~ TIle City Council officially finds, determil1es and declares that a Sllfficie11t
writtel1110tice of tIle date, 11our, place al1d su.bject of eacIllneetillg at Wllicll tllis resollltioll
was discussed, considered or acted. upon was give11 ill tIle Inalll1er required by tIle Texas
Opel1 Meetings Act, as amellded, and. tllat eacll SUCll lueeting has been opel1 to tIle pu.blic
as required by law at all times during SllCll discussiol1, consideratioll and acti.o11. TIle City
COllncil ratifies, approves alld confirlns sllc11 notices al1d tile contents al1d posting tllereof~
Sectio116. Tllis resolution shall tal(e effect immediately llpon its ad.optio.n al1d sigl1ature.
Passed and Approved the 02 7,d day of ~~
, 2003
/'J o~
Signed: ~ D~ ~ ~
Burt Ballanfant, M yot"
A TIEST: (SEAL)
~w~~
Kaylyrul Holloway, City ecretary
Federal Program
CFDA Number: 10~664
Period: 10-01-03 to 9-30-04
Grant Number: 03-07-05
Grant Amount: $10,000
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 an agency of the State of Texas, and the City of West University
Place, Texas, hereafter referred to as 'Grantee~ 1
Article 1. This agreement represents the entire agreement between the
parties. 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. All funds must be used
for the purposes stated below.
Purpose: To conduct a comprehensive GPS tree inventory for all city~
owned trees within the city limits of West University Place and to
write a management plan for tree planting and maintenance. Grant and
local funds will be used to hire a consultant to perform the inventory,
analyze the data, and assist with the plan. Match will consist of staff
time to oversee the contractor and write the management plan.
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 50% of the
approved project costs, not to exceed either the grant amount or the out-
of-pocket expenses. The Grantee shall be responsible for a minimum match
of $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.
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Article 5. Applicable federal cost principles (attached OMB A-a? for
local governments I OMB A-21 for higher education institutionsl or OMB A-
122 for nonprofit groups), administrative requirements (attached 7 CFR
Part 3016 or 7 CFR Parts 3015/3019), and the Granteels application will be
followed in determining reasonableness, allowability, and allocation of
costs_ Granteers 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 terms of this agreement shall be governed by the laws of
the State of Texas. In additionl the Grantee agrees to comply with all
applicable federal lawsJ 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, 2004, 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
Statesl or any of their authorized representativesl 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 I 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) I 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 programl demand repayment of the grantl or take other
legally available remedies.
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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 invalidt inoperative, or unenforceable to any extent
whatever.
Acceptance: We accept this grant subject to the terms and provisions
stated above..
Grantee:
Signature
Title
Organization
Date
Grantor:
James B,. Hull
State Forester
Texas Forest Service
Date