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R94-50 09-12-94RESOLUTION NO. R94-50 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS ASSOCIATED WITH THE "URBAN AND COMMUNITY FORESTRY PROGRAM" GRANT REQUEST 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 at reducing the buildup of carbon dioxide due to the added energy savings; and, WHEREAS, the purposes of the "Urban and Co~u~Lunity 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 applicationto the Texas Forest Service under the "Urban and Co~Lunity Forestry Program" in the amount of $8,100. BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Manager is authorized to execute all agreements, Exhibit A, associated with the "Urban and Community Forestry Program" Grant with the Texas Forest Service. RESOLUTION NO. R94-50 PASSED, APPROVED, _,A.D.-, 1994. and ADOPTED this the /~j day of MAYOR ATTEST: APPROVED AS TO FORM: E c ULL H · CITY TT0 NEY ATTACHMENT A ~ Federal Program CFDA Number: 10.664 Period: 10-01-94 to 9-30-95 Grant Number: Grant Amount: Local Match: 94-07-04 $8,100 $8,107 Urban and Community Forestry Development Grant A Cooperative Program Between the USDA Forest Service and the Texas Forest Service GRANT AGREEMENT This Grant Agreement is hereby entered into by and between the Texas Forest Service (TFS), a Member of The Texas A&M University System, and the City of Pearland, hereafter referred to as 'Grantee.' Article 1. All funds must be used for the purposes stated below. Any modifications 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. Purpose: The purpose of this grant is to hire a consultant to conduct a tree inventory, develop a tree management program, develop and present a training program for city employees, and assist in developing a tree preservation ordinance. Grant funds may also be used to develop a tree planting brochure and print approximately 2,000 copies. Article 2. The $8,100 grant will be paid on a reimbursement basis upon submission of approved cost records. The amount paid will equal 50.0% of the approved project expenditures, not to exceed the full amount of the grant. The Grantee shall be responsible for a local match of at least $8,107, in cash purchases and in-kind donations. Article 3. The Grantee shall be responsible for providing proof of payment for all purchases and in-kind contributions. Cost records must include source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract documents, and 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 grant application will be followed in determining reasonableness, allowability and allocation of costs. Grantees receiving $100,000 or more in total 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). 2 Article 5. The Grantee agrees to comply with all applicable federal laws, as specified in the attached Assurances and Certification. Grantee's procurement procedures must conform to standards defined in attached Code of Federal Regulations for Business and Credit Assistance. Article 6. The Grantee shall submit a final project performance and financial report, a copy of any product developed through the grant, and a copy of the Single Audit (if required), within 60 days of project completion or by October 31, 1995, whichever comes first. Cost records must be retained for three years following conclusion of the project and after other pending matters are closed. Article 7. 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 subgrantee which are pertinent to the grant in order to make audits, examinations, excerpts, and transcripts. Article 8. 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 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 Specifications) must be followed and will be used by the TFS to measure performance by the Grantee. Trees must be maintained for three years, and the number surviving at the end of the contract period must equal at least 90% of the original number planted. 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. Except as provided in Article 11, awards may be terminated in whole or part only as follows: a) By the TFS with the consent of the Grantee in which case the two parties shall agree upon the termination conditions and, in the case of partial termination, the portion to be terminated. b) By the Grantee upon written notification to the TFS, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. 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. Acceptance: We accept this grant subject to the terms and provisions stated above. Grantee: PAUL GROHMAN Signature CITY MANAGER Title CI~v OF DR~WT.AND, ~RXAS Organi zat ion SEPTEMBER 12, 1994 Date Grantor: State Forester Texas Forest Service Date