R96-49 10-14-96 RESOLUTION NO. R96-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AGREEMENTS ASSOCIATED WITH THE "URBAN AND
COMMUNITY FORESTRY PROGRAM" AND COMMITTING SHARED
COST OF THE PROJECT AS DESCRIBED IN THE GRANT APPLICATION.
WHEREAS, the health of forests in urban areas and communities is on the
decline; these forests, trees, and open spaces improve the quality of life for residents,
enhance economic value of property and are more effective than rural trees in reducing
the buildup of carbon dioxide due to the added energy savings; and
WHEREAS, the purposes of the "Urban and Community Forestry Program" are
to improve the understanding of the benefits of preserving tree cover; encourage
property owners to maintain trees and expand forest cover; provide education and
technical assistance to local organizations and property owners in maintaining and
expanding forest cover; and enhance the technical skills of individuals involved in
establishing or maintaining the urban forest; and
WHEREAS, the City of Pearland has successfully submitted a grant application
to the Texas Forest Service under the "Urban and Community Forestry Program" in
the amount of Seven Thousand Five Hundred Dollars ($7,500.00); now, therefore,'
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Manager or his designee is hereby authorized to
execute the Urban Forestry Public Outreach Grant Agreement, attached hereto as
Exhibit "A" and incorporated herein for all purposes, and all other documents
RESOLUTION NO. R96-49
associated with the "Urban and Community Forestry Program" Grant of the Texas
Forest Service necessary to facilitate this project.
Section 2. That the City Council commits to providing as its share of the
project costs Seven Thousand Five Hundred Dollars ($7,500.00) through cash
donations as described in the grant application.
PASSED, APPROVED, AND ADOPTED this
day of
A.D., 1996.
TOM REID
MAYOR
ATTEST:
CITY Sl/:CRETARY
iP~~y OVED AS TO FORM:
CITY ATTORNEY
2
Federal Program
CFDA Number: 10.664
Period: 10-01-96 to 9-30-97
Grant Number: ~6-07-16
Grant Amount: $7,500
Local Match: '$7,500
Exhibit "A"
Urban Forestry Public Outreach Grant
A Cooperative Program Between the Texas Forest Service
and the USDA Forest Service
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 Pearland, Texas, hereafter referred to as 'Grantee.'
Article 1. All funds must be used for the purposes stated below. Any
modifications 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 hire a professional forester or horticulturist
as the new Urban Forest and Parks Superintendent. Job
responsibilities will include enforcement of the tree
preservation ordinance, educating community volunteers, and
inspecting and maintaining trees on city property. Grant
.and matching funds will pay for salary and benefits.
Article 2. The $7,500 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 expenditures, not to exceed the full amount of the
grant. The Grantee shall be responsible for a minimum matching
contribution of $7,500, 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.
Article 4. Applicable federal cost principles (attached OMB A-87 for
governments or OMB A-122 for nonprofit groups), federal program
regulations (attached Code of Federal Regulations for Business Credit and
Assistance), and the Grantee's application will be followed in
determining reasonableness, allowability, and allocation of costs.
Article 5. 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.
Article 6. The Grantee agrees to comply with all applicable federal
laws, as specified in the attached Assurances and Certification.
Granteeis procurement procedures must conform to standards defined in
attached Code of Federal Regulations for Business and Credit Assistance,
13 C.F.R. §101.1-146.605 (1994). Grantees receiving $100,000 or more in
federal funds must comply with federal Single Audit Act requirements, as
detailed in circular OMB A-128 (for governments) or OMB A-133 (for non-
profit groups).
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, 1997, at the latest. (If required, a copy of the
Single Audit report covering the grant period must also be submitted.)
Cost records must be retained for three years following conclusion of the
project.
Article 8. 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 tunexpended 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:
stated above.
Grantee:
We accept this grant subject to the terms and provisions
Signature
CITY MANAGER
Title
CITY OF PEARLAND
Organization
10115196
Date
Grantor:
James B. Hull
State Forester
Texas Forest Service
Date