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.
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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