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2011-090 RES APPROVING AGREEMENT WITH TX PARKS & WILDLIFE FOR RECREATIONAL TRAILS GRANTRESOLUTION NO. 2ni i -nAn A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AN AGREEMENT WITH THE TEXAS PARKS & WILDLIFE, FOR A RECREATIONAL TRAILS GRANT FOR EXTENDING THE TRAIL DE PARIS WEST FROM 8TH STREET SE, THE CURRENT TRAIL END, ALONG THE RAILROAD RIGHT-OF-WAY TO 4T" STREET SW. THIS PROJECT WILL BE THE FIRST RAILS TO TRAILS PROJECT IN PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris operates and maintains the Trail de Paris, a paved hike & bike trail that runs from 8th Street SE and east to the city limit line of the City of Paris, Texas; and, WHEREAS, Trail de Paris has been a very successful endeavor thanks to the hard work and generous donations from various local groups and from state grant funds made available for this project; and, WHEREAS, funds for this 0.8 mile trail extension have been made available by the Texas Parks & Wildlife Recreational Trails Grant in the amount of Two-Hundred Thousand Dollars ($200,000.00), Fifty-Thousand Dollars ($50,000.00), money pledged by First Federal Community Bank Foundation and Legacy Foundation, Sixty-Three Thousand Five-Hundred Twenty-Four pollars ($63,524.00) by the City of Paris consisting of in kind work and Fifty Thousand Dollars ($50,000.00) budgeted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Council of the City of Paris, Texas hereby accepts the Recreational Trails Grant from the Texas Parks & Wildlife for the extension of the Trail de Paris approximately 0.8 miles, from 8th Street SE along the railroad right-of-way to 4th Street SW as specified in the Agreement attached hereto as Exhibit "A". Section 3. That the City Manager is authorized to negotiate and execute all documents necessary to extend the Trail de Paris. Section 4. This resolution shall be effective immediately upon passage. DULY PASSED AIVD APPROVED this 12th day of December, 2011. ATTEST: . nice Ellis, City Clerk APPROVED AS TO FORM: ~ W. Kent McIlyar, ' orney TEXAS PARKS AND WILDLIFE DEPARTMENT NATIONAL RECREATIONAL TRAILS FUND AGREEMENT This agreeinent between Texas Parks and Wildlife Depai-tment, Recreational Ti°ails Program (hereinafter TPWD) and City of Paris (hereinafter• Sponsor) for constniction of recreational trail iinpi°ovements in Lamar County, Texas is made under Texas Recreational Trails Ftmd. BACKGROUND The TPWD Recreational Trails Progi•am, which administers the Texas Recreational Trails Fund (hereinafter TRTF) Tnade available under the National Recreational Trails Act (hereinafter The Act), awards reimbursement-type g•ants to eligible public entities and private organizations to be used on trails and h•ail- related projects. To be eligible, the project must have been planned and developed undei• existing federal and state laws, and all related policies and administrative procedures; and The Gity of Paris, eligible under The Act, made a grant application for a suitable trail project aiid was awarded a TRTF grant. THEREFORE. for aiid in consideration of the mutual covenants aiid benetits hereof, TPWD and the Sponsor hereby agree as follows: TERMS Sponsor will conshlict 0.8 linear miles of recreational h•ail, culverts, and signing and project engineering and design to extend the Trail de Paris in accordance with approved plan (hereinafter the Project) by .it~ 15, 2015. While doing any work under the tenils of this agreement, Sponsor will adhere to all requiremeiits established for tlie National Recreational Trials Ftind including those set out in Procedural Guidelines, Project Developnient aiid Grant Reimbursement Proczdures, and Acquisition Project Procedtues and by the signariire 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 II of the Americans with Disabilities Act of 1990, the Age Discriiilination Act of 1975, Title IX of the Education Amendments of 1972, and offers all persons the opporhinity to participate in programs or activities regardless of race, color, national origin, age, sex or disability. Further, it is agreed that no individual will be hirned 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 aiid adequately maintain the Project for at least 20 yeais so that it is available aiid safe for use by the publrc. EXHIBIT TPWD and Sponsor agree that the total cost of the Project is Two Hundred and Fifiy 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 Thousand Dollars ($200,000). Sponsor will be paid up to $200,000 aftei• submitting acceptable billings to TPWD for- approved work. Sponsor may begin construction only after esecution of this agreement. Any costs incui7•ed prior to the agreement being signed by both parties are riot eligible for reimbw•sement. This contract is subject to cancellation, without penalty, either in whole or in part, if funds are not appropriated by the Teaas Legislahu•e, or othenvise made available, to the Texas Parks and Wildlife Department. The pei•foi-mance period of this contract may be eXtended by muhial agi•eement of both parties. Sponsor understands that acceptance of fiulds under this contract acts as acceptance of the authority of the State Auditor's Office, or any sucezssor agency, to conduct an audit or investigatioii in connection with those fiinds. Coutl°actor fiu-ther agrees to cooperate fiilly with the State Auditor's Office or its successor in the coilduct of the audit or investigation, inchiding provid'ulg all records requested. Sponsor will ensure that this clause concerning the authority to audit fiulds received indirectly by suboontractors through Sponsor and the requii•ement to cooperate is include in any subcontract it awards. This agreenlent is effective upon execution by the Department. TEXAS PARKS AND WILDLIFE DEPARTMENT CITY OF PARIS Sp0[1SOI' bv Tim Hogsett, Director, Recreation Grants Branch Name and Title hV Name and Title Date ❑ EPLS Date 2 . ~ ~ ~ ~.j~...c jFy • ~ `k f . • ,~~r e• ~t :i~ ~ r' lift, 1~ ~ _ ~l1~ ~ r ~14~r`• . k ' Ym a ,.~,~„~.3,~.. ~ rx w K t: ! K•.. ~ {w ~ ~ i ~ a