HomeMy WebLinkAboutResolution No. 2011-037
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2011- 03j
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI4E
COLONY, TEXAS, APPROVING THE NATIONAL RECREATIONAL
TRAILS AGREEMENT BY AND BETWEEN THE CITY OF THE
COLONY AND TEXAS PARKS AND WILDLIFE DEPARTMENT, FOR
THE DEVELOPMENT OF THE WYNNEWOOD NATURE TRAIL,
WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City and the Texas Parks and Wildlife Department have entered into a
National Recreational Trails Fund Agreement to provide for THE DEVELOPMENT OF THE
WYNNEWOOD NATURE TRAIL; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Agreement with Texas Parks and Wildlife, which is attached hereto and incorporated herein
by reference as Exhibit "A," tinder the terms and conditions provided therein; and
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The National Recreational Trails Fund Agreement, which is attached hereto and
incorporated herein as Exhibit "A", having been reviewed by the City Council of the City of The
Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens.
Section 2. The City Manager is hereby authorized to execute the agreement on behalf of the
City of The Colony, Texas.
Section 3. This Resolution shall take effect immediately from and after its adoption and
it is so resolved.
PASSED, APPROVED and EFFECTIVE this 17t" day of May, 2011.
ATTEST:
J.0e McCogrry, Mayor
%City of The Colony, Turf
Christie Wilson, City Secretary
APPROVED AS TO FORM:
Jeff Moore; C y Attorney
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TEXAS PARKS AND WILDLIFE DEPARI-MF;NT
NATIONAL RECREATIONAL TRAILS FUND AGREEMENT
This agreement hetween Texas Parks and Wildlife Department, Recreational Trails Program (hereinafter
TPWD) and City of The Colony (hereinafter Sponsor) for construction of recreational trail improvements in
Denton County, Texas is made under Texas Recreational Trails Fund.
BACKGROUND
The "TPWD Recreational Trails Program, which administers the Texas Recreational Trails I and (hereinafter
fRTF) made available under the National Recreational Trails Act ('hereinafter The Act), awards
reimbursement-type grants to eligible public entities and private organizations to be used on trails and trail-
related projects. To be eligible, the project must have been planned and developed under existing federal
and state laws, and all related policies and administrative procedures, and
The City of The Colony, eligible under The Act, made a grant application for a suitable trail project and was
awarded a TRTF grant.
T1-IERLFORE, for and in consideration of the mutual covenants and benefits hereof, TPWD and the
Sponsor hereby agree as lollows:
T RMS
Sponsor will construct 3 miles of recreational trail, at the Wynnewood Peninsula in accordance with
approved plan (hereinafter the Project) by July 15, 2014.
While doing any wort: under the terms of this agreement, Sponsor will adhere to all requirements
established for the National Recreational Trials Pond including those set out in Procedural Guidelines,
Project Development and Grant Reimbursement Procedures, and Acquisition Project Procedures and by the
signature of its authorized agent below asserts that it had read all of the foregoing requirements.
The undersigned is subject to Title VI of the Civil Rights Act of 1964, Section 504 or Rehabilitation Act of
1973, Title lI of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX
of the Education Amendments of 1972, and offers all persons the opportunity to participate in programs or
activities regardless of race, color, national origin, age, sex or disablRy. Further, it is agreed that no
individual will be tun-ned away or otherwise denied access to or benefit from any program or activity that is
directly associated with a program on the basis of race, color, national origin, age, sex or disability.
Sponsor will properly and adequately maintain the Project for at least 20 years so that it is available and saic
for use by the public.
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TPWD and Sponsor agree that the total cost of the Project is "Two Hundred and Fifty Thousand Dollars
($250,000) and that reimbursement to Sponsor for work performed under this agreement will not exceed
Eighty Percent (80%) of the project cost up to the grant funds approved, Two Hundred 'T'housand Dollars
($200,000). Sponsor will be paid up to $200,000 IFIel- submitting acceptable billings to TPWD for approved
work.
Sponsor may begin consU-uction only after execution of this agreement. Any costs incurred prior to the
agreement being signed by both parties are not eligible for reimbursement.
This contract is subject to cancellation, without penalty, either in whole or in part, if funds are not
appropriated by the Texas Legislature, or otherwise made available, to the Texas Parks and Wildlife
Department. Tile performance period ofthis contract may be extended by mutual agreement of both parties.
Sponsor understands that acceptance of funds under this contract acts as acceptance of the authority of the
State Auclitoi's Office, or any successor agency, to conduct an audit or investigation in connection with
those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in
the conduct of the audit or investigation, including providing all records requested. Sponsor will ensure that
this clause concerning the authority to audit funds received indirectly by subcontractors through Sponsor
and the requirement to cooperate is include in any subcontract it awards.
This agreement is effective upon execution by the Department.
TrXAS PARKS A,1~ 1D WII" LIFE DEPARTMENT THE CITY O THE' COLONY
i Sponsor
by b
Tim Hosett, Director, Recreation Grants Branch r tu.. -1~ f t o c
Name and 'Title Name and 'Title
Date
EPLS Date
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