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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 All resolutions and parts of resolutions in COl1flict 11erewitll are hereby repealed.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. -2- 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. -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 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