HomeMy WebLinkAboutContract 48087 GEC CITY SECRETARY Jl g
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• WILDLIFE
Recreation Grants Urban Local Park Grant Program
Land and Water Conservation Fund
Project Agreement
TPWD P.O. Number:
Federal Award Identification Number(FAIN): P16AP00115
Sub Recipient Unique Entity Identifier(DUNS): 073170458
Catalogue of Federal Domestic Assistance Number(CFDA): 15.916
Project Number: 48-001135155-000030
Sponsor Name: City of FORT WORTH
Project Name: Alliance Park
Project Period: June 1, 2016 thru July 15, 2019
Total Project Cost: $2,000,000.00 Approved Federal Funds: $740,736.00
Approved State Funds: $259,264.00
Total Approved Funds: $1,000,000.00
PROJECT SCOPE AND LOCATION:
This sub-award is funded through the National Park Service (NPS), under the authority of the
Land and Water Conservation Fund Program (CFDA# 15.916), issued to Texas Parks and
Wildlife Department(Department)on June 1,2016. All publications arising from this project shall
acknowledge Department, as well as the NPS, as funding sources.
The City of Fort Worth (Sponsor)will acquire 69± acres by purchase and develop Alliance Park
to include 5± acre dedicated natural open space, lighted soccer fields with irrigation and
bleachers, multi-purpose trail, benches, picnic tables, native landscape restoration, and
interpretive signs.
The City will remove grazing pressure and reduce the mowing schedule to promote the
natural re-establishment of native grasses and other native herbaceous plants in the
prairie grass area and in the mesquite invaded pasture. The City will surround the
wetland/depression area with prairie grasses through natural revegetation and/or
supplemental plantings. Other smaller areas of landscape restoration will be along the
1,400 LF concrete trail in the mesquite prairie.
The park features should be placed to avoid impacts to the ponds and wetlands. Refer
Fort Worth 48-001135155-000030 Page 1 of 20 OFFICIAL RECORD (05/2016)
CITY SECRETARY
FT. WORTH, TX
to TPWD Resource Memo attached to this grant agreement.
Fort Worth Alliance Park is located in the northeast area of the City at 1405 Litsey Road, Fort
Worth, Denton County, Texas 76262.
The Sponsor is obligated to adhere to all requirements established for the Local Park Grant
Program, including program guidelines set out at 31 Texas Administrative Code JAC) Sec.
61.131-61.139. No work on the project by the Sponsor shall commence until written notice to
proceed has been received from the Department. The Sponsor shall install and maintain at the
project site a permanent funding acknowledgment sign as prescribed by the Department. All
utilities at the project site shall be underground and approved by the Department, unless otherwise
noted to remain on the official project boundary map. The original application and supplemental
documentation submitted by the Sponsor are hereby made part of this Agreement.
GENERAL PROV ISI;NS:
The following General Provisions are hereby made part of this Agreement.
Part I—Definitions
A. The term "Department' as used herein means the Texas Parks and Wildlife Department or
any representative delegated authority to act on behalf of the Department.
B. The term "DOI" as used herein means the Department of Interior.
C. The term "NPS" as used herein means the National Park Service.
D. The term "LWCF" as used herein means the Land and Water Conservation Fund.
E. The term "Manual" as used herein means the Local Park Grant Program Manual.
F. The term "Project' as used herein means the Land and Water Conservation Fund grant
project identified in this Agreement.
G. The term "Sponsor" as used herein means the political subdivision that is a parry to this
Agreement.
H. The term "LPGP" as used herein means the Local Park Grant Program.
Part II - Continuing Assurances
The parties to this Agreement specifically recognize that the LWCF project creates an obligation
to maintain the project property consistent with the Land and Water Conservation Fund Act and
the requirements set forth in Agreement.
Further, the parties intend hereto that recipients of assistance will use monies granted hereunder
for the purposes of this program, and that assistance granted from the LWCF will result in a net
increase in public outdoor recreation land and/or facilities, commensurate at least with the Federal
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cost-share.
Both parties intend hereto that assistance from the LWCF will be added to, rather than replace or
be substituted for, local outdoor recreation funds.
A. The Sponsor agrees, as recipient of this assistance, that it will meet the following speck
requirements and that it will further impose these requirements, and the terms of this
Agreement, upon any political subdivision or public agency to which funds are transferred.
The Sponsor also agrees that it shall be responsible for compliance with the terms of this
Agreement by such a political subdivision or public agency and that failure by such political
subdivision or public agency to so comply shall be deemed a failure by the Sponsor to
comply with the terms of this Agreement.
B. The Sponsor agrees that the property described in this Agreement and the signed and
dated project boundary map is being acquired or developed with LWCF assistance, or is
integral to such acquisition or development, and that, without the approval of the
Department, it shall not be converted to other than public outdoor recreation use but shall
be maintained in public outdoor recreation in perpetuity or for the term of the lease in the
case of leased property. The Department shall approve such conversion only if it is found
to be in accord with the then existing comprehensive statewide outdoor recreation plan and
only upon such conditions deemed necessary to ensure the substitution of other recreation
properties of at least equal fair market value and of reasonably equivalent usefulness and
location pursuant to Title 36, Part 59.3 of the Code of Federal Regulations. This
replacement land becomes subject to protection under the Land and Water Conservation
Fund Act Section 6(f)(3). Final approval of a conversion shall be at the discretion of the
NPS.
Prior to the completion of this project, the Sponsor and the Department may mutually alter
the area described and shown in this Agreement and the signed and dated project
boundary map to provide the most satisfactory public outdoor recreation unit, except that
acquired parcels are afforded Section 6(f)(3) protection as LWCF reimbursement is
provided.
In the event the Department provides LWCF assistance for the acquisition and/or
development of property with full knowledge that the project is subject to reversionary rights
and outstanding interests, conversion of said property to other than public outdoor
recreation uses as a result of such right or interest being exercised will occur. Sponsor
agrees to notify the Department of the potential conversion as soon as possible and to seek
approval of replacement property in accord with the conditions set forth in this Agreement
and program regulations. The provisions of this paragraph are also applicable to: leased
properties acquired and/or developed with LWCF assistance where such lease is
terminated prior to its full term due to the existence of provisions in such lease known and
agreed to by the Department; and properties subject to other outstanding rights and
interests that may result in a conversion when known and agreed to by the Department.
C. The Sponsor agrees that the benefit to be derived by the State of Texas from the full
compliance by the Sponsor with the terms of this agreement is the preservation, protection,
and the net increase in the quality of public outdoor recreation facilities and resources which
are available to the people of Texas and of the United States, and such benefit exceeds
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to an immeasurable and unascertainable extent the amount of money furnished by the
Department by way of assistance under the terms of this Agreement. The Sponsor agrees
that payment by the Sponsor to the Department of an amount equal to the amount of
assistance extended under this agreement by the State of Texas would be inadequate
compensation to the State for any breach by the Sponsor of this agreement.
The Sponsor further agrees,therefore,that the appropriate remedy in the event of a breach
by the Sponsor of this agreement shall be the specific performance of this Agreement or
the submission and approval of a conversion-of-use request as described in Section 11.13
above.
D. The Sponsor agrees to comply with the policies and procedures set forth in the Manual.
Provisions of said Manual are incorporated into and made a part of this Agreement.
E. The Sponsor agrees that the property and facilities described in this Agreement shall be
operated and maintained as prescribed by Manual requirements and published post-
completion compliance regulations (Title 36, Part 59 of the Code of Federal Regulations).
F. The Sponsor agrees that a notice shall be recorded in the public property records (e.g.,
registry of deeds or similar) of the jurisdiction in which the property is located, to the effect
that the property described and shown in the scope of this Agreement and the signed and
dated project boundary map made part of this Agreement, has been acquired or developed
with LWCF assistance and that it cannot be converted to other than public outdoor
recreation use without the written approval of the Department. Final approval is with the
discretion of the NIPS.
G. Nondiscrimination
1. By signing this Agreement, the Sponsor certifies that it will comply with all Federal
laws relating to nondiscrimination as outlined in the Civil Rights Assurances
appearing in Part III herein.
2. The Sponsor shall not discriminate against any person on the basis of residence,
except to the extent that reasonable differences in admission or other fees may be
maintained on the basis of residence as set forth in the Manual.
Part III - Project Assurances
A. Applicable Federal Requirements
The Sponsor shall comply with applicable regulations, policies, guidelines and requirements as
they relate to the application, acceptance, and use of Federal funds for this federally assisted
project, including:
• 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards;
• 2 CFR Parts 182 & 1401 Government-wide Requirements for a Drug-Free Workplace;
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2 CFR Parts 180 8 1400, Non-Procurement Debarment and Suspension, previously
located at 43 CFR Part 42, "Government-wide Debarment and Suspension (Non-
Procurement)";
43 CFR Part 18, New Restrictions on Lobbying;
FAR Clause 52.203-12, Paragraphs (a) and (b), Limitation on Payments to Influence
Certain Federal Transactions;
• 2 CFR Part 25, System for Award Management (www.SAM.gov) and Data Universal
Numbering System (DUNS); and
• 2 CFR Part 170, Reporting Sub-awards and Executive Compensation
B. Project Application
1. The Local Park Grant Application bearing the same project number as this
Agreement and associated documents is by this reference made a part of this
Agreement.
2. The Sponsor affirms that it possesses legal authority to apply for the grant, and to
finance and construct the proposed facilities. A resolution, motion, or similar action
has been duly adopted or passed authorizing the filing of the application, including
all understandings and assurances contained herein, and directing and
authorizing the person identified as the official representative of the Sponsor to act
in connection with the application and to provide such additional information as
may be required.
3. The Sponsor affirms that it has the capability to finance the non-Federal share of
the costs for the project. Sufficient funds will be available to assure effective
operation and maintenance of the facilities acquired or developed by the project.
C. Project Execution
1. The project period shall begin at the date specified on this Agreement or the effective date
of a waiver of retroactivity, and shall terminate at the end of the stated or amended project
period, unless the project is completed or terminated sooner in which event the project shall
end on the date of completion or termination.
2. The Sponsor will cause work on the project to start within a reasonable time after receipt of
notification that funds have been approved and assure that the project will be implemented
to completion with reasonable diligence.
3. The Sponsor will require the facility to be designed to comply with the Architectural Barriers
Act of 1968 (Public Law 90-480) and Department of the Interior (DOI) Section 504
Regulations (43 CFR Part 17). The Sponsor will be responsible for conducting inspections
to ensure compliance with these specifications by any contractor.
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4. The Sponsor shall secure completion of the work in accordance with approved construction
plans and specifications, and shall secure compliance with all applicable Federal, State,
and local laws and regulations.
5. In the event the project cannot be completed in accordance with the plans and
specifications for the project, the Sponsor shall bring the project to a point of recreational
usefulness agreed upon by the Sponsor and the Department.
6. The Sponsor will provide for and maintain competent and adequate
architectural/engineering supervision and inspection at the construction site to ensure that
the completed work conforms to the approved plans and specifications. The Sponsor will
furnish progress reports and such other information as the Department may require.
7. The Sponsor will comply with the terms of Title II and Title III, the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894
(1970), and the applicable regulations and procedures implementing such Act for all real
property acquisitions, and where applicable shall ensure that the Act has been complied
with for property to be developed with assistance under this Agreement.
8. The Sponsor will comply with the provisions of: Executive Order 11988, relating to
evaluation of flood hazards; Executive Order 11288, relating to the prevention, control,and
abatement or water pollution; and Executive Order 11990, relating to the protection of
wetlands.
9. The Sponsor will comply with the flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat.975,and approved
December 31, 1976. Section 102(a) requires the purchase of flood insurance in
communities where such insurance is available,as a condition for the receipt of any Federal
financial assistance for construction or acquisition purposes, for use in any area that has
been identified as an area having special flood hazards by the Flood Insurance
Administration of the Federal Emergency Management Agency. The phrase "Federal
financial assistance"includes any form of loan,grant, guaranty,insurance payment, rebate,
subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal
assistance.
10.The Sponsor will assist the Department and NPS in its compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order
11593, and the Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et
seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of
investigations, as necessary, to identify properties listed in or eligible for inclusion in the
National Register of Historic Places that are subject to effects (see 36 CFR Part 800.8) by
the activity, and notifying the Federal grantor agency of the existence of any such
properties, and by (b) complying with all requirements established by the Federal grantor
agency to avoid or mitigate adverse effects upon such properties.
11.It is national policy to award a fair share of contracts to small and women- and minority-
owned firms. The DOI and NIPS are strongly committed to the objectives of this policy,and
encourage all grant recipients to take affirmative steps to ensure such fairness. Positive
efforts shall be made by recipients to utilize small businesses, minority-owned firms, and
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women's business enterprises whenever possible. In accordance with Executive Orders
11625, 12138, and 12432, recipients shall take the following steps to further this policy:
a) Ensure that small businesses, minority-owned firms,and women's business enterprises
are used to the fullest extent practicable.
b) Make information on forthcoming opportunities available and arrange time frames for
purchases and contracts to encourage and facilitate participation by small businesses,
minority-owned firms, and women's business enterprises.
c) Consider in the contract process whether firms competing for larger contracts intend to
subcontract with small businesses, minority-owned firms, and women's business
enterprises.
d) Encourage contracting with consortiums of small businesses, minority-owned firms and
women's business enterprises when a contract is too large for one of these firms to
handle individually.
e) Use the services and assistance, as appropriate, of such organizations as the Small
Business Development Agency in the solicitation and utilization of small business,
minority-owned firms and women's business enterprises.
12.If applicable, the Sponsor will comply with the intergovernmental review requirements of
Executive Order 12372.
D. Construction Contracted for by the Sponsor Shall Meet the Following Requirements:
1. Contracts for construction shall comply with the applicable provisions of 2 CFR 200.
2. No grant or contract may be awarded by any grantee, sub grantee, or contractor of any
grantee or sub grantee,to any party that has been debarred or suspended under Executive
Order 12549. By signing this Agreement, the Sponsor certifies that it will comply with
debarment and suspension provisions appearing at Part III-J herein.
E. Retention and Custodial Requirements for Records
1. All recipient financial and programmatic records, supporting documents, statistical records,
and all other grant-related records shall be retained in accordance with 2 CFR 200.333 to
.337 for a period of three years, except the records shall be retained beyond the three year
period if audit findings have not been resolved.
2. The retention period starts from the date of the final expenditure report for the project.
3. Local governments are authorized to substitute copies in lieu of original records.
4. The Department, Texas Comptroller of Public Accounts, Secretary of the Interior and the
Comptroller General of the United States, or any of their duly authorized representatives,
shall have access to any books, documents, papers, and records of the Sponsor which are
pertinent to a specific project for the purpose of making audit, examination, excerpts and
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transcripts.
F. Project Termination
1. The Department may temporarily suspend assistance under the project pending corrective
action by the Sponsor or pending a decision to terminate the grant by the Department.
2. The Sponsor may unilaterally terminate the project at any time prior to the first payment on
the project. After the initial payment, the project may be terminated, modified, or amended
by the Sponsor only by mutual agreement.
3. The Department may terminate the project in whole, or in part, at any time before the date
of completion, whenever it is determined that the grantee has failed to comply with the
conditions of the grant. The Department will promptly notify the Sponsor in writing of the
determination and the reasons for the termination, together with the effective date.
Payments made to Sponsors or recoveries by the Department under projects terminated
for cause shall be in accord with the legal rights and liabilities of the parties.
4. The Department or Sponsor may terminate grants in whole or in part at any time before the
date of completion, when both parties agree that the continuation of the project would not
produce beneficial results commensurate with the further expenditure of funds. The two
parties shall agree upon the termination conditions, including the effective date and, in the
case of partial termination, the portion to be terminated. The grantee shall not incur new
obligations for the terminated portion after the effective date, and shall cancel as many
outstanding obligations as possible. The Department may allow full credit to the Sponsor
for the State and Federal share of the non-cancelable obligations, properly incurred by the
grantee prior to termination.
5. Termination either for cause or for convenience requires that the project in question be
brought to a state of recreational usefulness agreed upon by the Sponsor and the
Department or that all funds provided by the Department be returned.
G. Lobbying with Appropriated Funds
The Sponsor must certify, for the award of grants exceeding $100,000 in Federal assistance, that
no Federally appropriated funds have been paid or will be paid, by or on behalf of the Sponsor,to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding, extension, continuation, renewal, amendment, or
modification of this grant. In compliance with 31 USC 1352, the Sponsor certifies, as follows:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
,agency, a Member of Congress, and officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
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(2) if any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract,grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under
grants, loans, and cooperative agreements) and that all sub recipients shall certify accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and
not more than $100,000 for each such failure.
H. Provision of a Drug-Free Workplace
In compliance with the Drug-Free Workplace Act of 1988 (2 CFR Parts 182 & 1401), the Sponsor
certifies that it will or continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2)The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4)The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of a grant
be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph (d)(2)from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant
officer on whose grant activity the convicted employee was working, unless the Federal agency
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has designated a central point for the receipt of such notices. Notice shall include the
identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted;
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
I. Civil Rights Assurance (Ref: DI-1350)
The Sponsor certifies that, as a condition to receiving any Federal assistance from the Department
it will comply with all Federal requirements relating to nondiscrimination. These include, but are
not limited to: (a) Executive Order 11246, as amended; (b)Title VI of the Civil Rights Act of 1964,
as amended (78 Stat. 252; 42 U.S.C. §§2000d et secl.),which prohibits discrimination on the basis
of race, color, or national origin; (c) Title V, Section 504 of the Rehabilitation Act of 1973, as
amended (87 Stat. 394, 29 U.S.C. §794), which prohibits discrimination on the basis of disability;
(d) the Age Discrimination Act of 1975, as amended (89 Stat. 728, 42 U.S.C. §§6101 et seg.),
which prohibits discrimination on the basis of age; and with all other applicable federal laws and
regulations prohibiting discrimination, to the end that no person in the United States shall, on the
grounds of race, color, sexual orientation, national origin, disability, religion, age, or sex, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity conducted by the applicant.
THE SPONSOR HEREBY GIVES ASSURANCE THAT it will immediately take any measures
necessary to effectuate this agreement.
THIS ASSURANCE shall apply to all aspects of the Sponsor's operations including those parts
that have not received or benefited from Federal financial assistance.
If any real property or structure thereon is provided or improved with the aid of Federal financial
assistance extended to the Sponsor by the Department,this assurance shall obligate the Sponsor,
or in the case of any transfer of such property, any transferee,for the period during which it retains
ownership or possession of the property. In all other cases, this assurance shall obligate the
Sponsor for the period during which the Federal financial assistance is extended to it by the
Department.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, contracts, property, discounts or other Federal financial assistance
extended after the date hereof to the Sponsor by the Department, including installment payments
after such date on account of applications for Federal financial assistance which were approved
before such date.
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The Sponsor recognizes and agrees that such Federal financial assistance will be extended in
reliance on the representations and agreements made in this assurance, and that the United State
shall have the right to seek judicial enforcement of this assurance. This assurance is binding on
the Sponsor, its successors, transferees, assignees, and sub recipients and the person whose
signature appears on the grant agreement and who is authorized to sign on behalf of the Sponsor.
J. Debarment and Suspension
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it
and its principals:
(a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statement, or receiving stolen property;
(c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d)Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
The Sponsor further agrees that it will include the clause "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," appearing
below, in any agreement entered into with lower tier participants in the implementation of this grant.
Department of Interior Form 1954 (DI-1954) may be used for this purpose.
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -
Lower Tier Covered Transactions
(1)The prospective lower tier participant certifies, by submission of this application, that neither
it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in
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this certification, such prospective participant shall attach an explanation to this application.
K. Anti-Deficiency Act.
Pursuant to 31 U.S.C. §1341, nothing contained in this Agreement shall be construed as binding
the NPS to expend in any one fiscal year any sum in excess of the appropriations made by
Congress,for the purposes of this Agreement for that fiscal year, or other obligation for the further
expenditure of money in excess of such appropriations.
L. Audit Requirements.
1) Non-Federal entities that expend $750,000 or more during a year in Federal awards shall have
a single or program-specific audit conducted for that year in accordance with the Single Audit
Act Amendments of 1996 (31 U.S.C. 7501-7507) and 2 CFR Part 200, Subpart F, which is
available at:
http://www.ecfr.gov/cqi-bin/text-idx?SID=fd6463a517ceea3fa13e665e525051 f4&node=sp2 1 200 f&rqn=div6
2) Non-Federal entities that expend less than $750,000 for a fiscal year in Federal awards are
exempt from Federal audit requirements for that year, but records must be available for
review or audit by appropriate officials of the Federal agency, pass-through entity, and
General Accounting Office (GAO).
3) Audits shall be made by an independent auditor in accordance with generally accepted
government auditing standards covering financial audits. Additional audit requirements
applicable to this agreement are found at 2 CFR Part 200, Subpart F, as applicable.
Additional information on single audits is available from the Federal Audit Clearinghouse at
http://harvester.census.gov/sac/.
M. Recipient Employee Whistleblower Rights and Requirement to Inform Employees of
Whistleblower Rights
1) This award and employees working on this financial assistance agreement will be subject
to the whistleblower rights and remedies in the pilot program on Award Recipient employee
whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239).
2) The Award Recipient shall inform its employees in writing, in the predominant language of
the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712.
3) The Award Recipient shall insert the substance of this clause, including this paragraph (3),
in all sub-awards or subcontracts over the simplified acquisition threshold, 42 CFR §
52.203-17 (as referenced in 42 CFR § 3.908-9).
N. Reporting Sub-awards and Executive Compensation
a) Reporting of first-tier sub-awards.
1. Applicability. Unless you are exempt as provided in paragraph D. of this award
term, you must report each action that obligates $25,000 or more in Federal
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funds that does not include Recovery Act funds(as defined in section 1512(a)(2)
of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a
sub-award to an entity(see definitions in paragraph E. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a) 1. of
this award term to http://www.fsrs.gov.
ii. For sub-award information, report no later than the end of the month
following the month in which the obligation was made. (For example, if
the obligation was made on November 7, 2010, the obligation must be
reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that
the submission instructions posted at http://www.fsrs.gov specify.
b) Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of
your five most highly compensated executives for the preceding completed fiscal
year, if-
i. The total Federal funding authorized to date under this award is $25,000
or more;
ii. In the preceding fiscal year, you received—
a. 80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and sub awards); and
b. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and sub awards); and
iii. The public does not have access to information about the compensation
of the executives through periodic reports filed under section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))
or section 6104 of the Internal Revenue Code of 1986. (To determine if
the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation
described in paragraph A.1. of this award term:
Fort Worth 4 8-001135/55-000030 Page 13 of 20 (05/2016)
i. As part of your registration profile at hVs://www.sam.gov.
ii. By the end of the month following the month in which this award is made,
and annually thereafter.
c) Reporting of Total Compensation of Sub recipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph
D. of this award term, for each first-tier sub recipient under this award, you shall
report the names and total compensation of each of the sub recipient's five most
highly compensated executives for the sub recipient's preceding completed
fiscal year, if-
i. In the sub recipient's preceding fiscal year, the sub recipient received—
a. 80 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and sub awards); and
b. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act(and sub awards); and
ii. The public does not have access to information about the compensation
of the executives through periodic reports filed under section 13(a) or
15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))
or section 6104 of the Internal Revenue Code of 1986. (To determine if
the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings at
htto://www.sec.gov/answers/execomi).htm.)
2. Where and when to report. You must report sub recipient executive total
compensation described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the
sub award. For example, if a sub award is obligated on any date during
the month of October of a given year (i.e., between October 1 and 31),
you must report any required compensation information of the sub
recipient by November 30 of that year.
d) Exemptions.
1. If, in the previous tax year, you had gross income, from all sources, under
$300,000, you are exempt from the requirements to report:
i. Sub awards, and
Fort Worth 4 8-001135/55-000030 Page 14 of 20 (05/2016)
ii. The total compensation of the five most highly compensated executives
of any sub recipient.
e) Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR Part 25:
L A Governmental organization, which is a State, local government, or
Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for-profit organization;
V. A Federal agency, but only as a sub recipient under an award or sub
award to a non-Federal entity.
2. Executive means officers, managing partners, or any other employees in
management positions.
3. Sub award:
i. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for which
you received this award and that you as the recipient award to an eligible
sub recipient.
ii. The term includes your procurement of property and services needed to
carry out the project or program. The term does not include procurement
of incidental property and services needed to carry out the award project
or program.
iii. A sub award may be provided through any legal agreement, including an
agreement that you or a sub recipient considers a contract.
4. Sub recipient means an entity that:
L Receives a sub award from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the sub
award.
5. Total compensation means the cash and noncash dollar value eamed by the
executive during the recipient's or sub recipient's preceding fiscal year and
includes the following (for more information see 17 CFR 229.402(c)(2)):
L Salary and bonus.
Fort Worth 48-001135/55-000030 Page 15 of 20 (05/2016)
ii. Awards of stock, stock options, and stock appreciation rights. Use the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared
Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not
include group life, health, hospitalization or medical reimbursement plans
that do not discriminate in favor of executives, and are available generally
to all salaried employees.
iv. Change in pension value. This is the change in present value of defined
benefit and actuarial pension plans.
V. Above-market earnings on deferred compensation which is not tax-
qualified.
vi. Other compensation, if the aggregate value of all such other
compensation (e.g. severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property)for the
executive exceeds $10,000.
O. Conflict of Interest
1) The Recipient must establish safeguards to prohibit its employees and Sub-recipients from
using their positions for purposes that constitute or present the appearance of a personal
or organizational conflict of interest.The Recipient is responsible for notifying the Awarding
Officer in writing of any actual or potential conflicts of interest that may arise during the life
of this award. Conflicts of interest include any relationship or matter which might place the
Recipient or its employees in a position of conflict, real or apparent, between their
responsibilities under the agreement and any other outside interests. Conflicts of interest
may also include, but are not limited to, direct or indirect financial interests, close personal
relationships,positions of trust in outside organizations,consideration of future employment
arrangements with a different organization, or decision-making affecting the award that
would cause a reasonable person with knowledge of the relevant facts to question the
impartiality of the Recipient and/or Recipient's employees and Sub-recipients in the matter.
2) The Awarding Officer and the servicing Ethics Counselor will determine if a conflict of
interest exists. If a conflict of interest exists, the Awarding Officer will determine whether a
mitigation plan is feasible. Mitigation plans must be approved by the Awarding Officer in
writing.
3) Failure to resolve conflicts of interest in a manner that satisfies the government may be
cause for termination of the award. Failure to make required disclosures may result in any
of the remedies described in 2 CFR § 200.338, Remedies/or Noncompliance, including
suspension or debarment(see also 2 CFR Part 180).
P. Reporting of Matters Related to Recipient Integrity and Performance (Note: Applicable only to
Fort Worth 48-001135/55-000030 Page 16 of 20 (05/2016)
grants where the LWCF share is $500,000 or greater)
1) General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement
contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during
the period of performance of this Federal award, then you, as the recipient, during that period of
time must maintain the currency of information reported to the System for Award Management
(SAM) that is made available in the designated integrity and performance system (currently the
Federal Awardee Performance and Integrity Information System (FAPIIS))about civil, criminal, or
administrative proceedings described in paragraph 2 of this award term and condition. This is a
statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313).
As required by section 3010 of Public Law 111-212, all information posted in the designated
integrity and performance system on or after April 15, 2011, except past performance reviews
required for Federal procurement contracts, will be publicly available.
2) Proceedings You Must Report
Submit the information required about each proceeding that:
a) Is in connection with the award or performance of a grant, cooperative agreement, or
procurement contract from the Federal Government;
b) Reached its final disposition during the most recent five year period; and
c) Is one of the following:
1. A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this
award term and condition;
2. A civil proceeding that resulted in a finding of fault and liability and payment of a
monetary
3. fine, penalty, reimbursement, restitution, or damages of$5,000 or more;
4. An administrative proceeding, as defined in paragraph 5 of this award term and
condition, that resulted in a finding of fault and liability and payment of either a
monetary fine or penalty of
5. $5,000 or more; or reimbursement, restitution, or damages in excess of$100,000;
or
6. Any other criminal, civil, or administrative proceeding if:
i. It could have led to an outcome described in paragraph 2.c.(1), (2), or(3) of
this award term and condition;
ii. It had a different disposition arrived at by consent or compromise with an
iii. acknowledgment of fault on your part; and
iv. The requirement in this award term and condition to disclose information
about the proceeding does not conflict with applicable laws and regulations.
3) Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each
proceeding described in paragraph 2 of this award term and condition. You do not need to submit
the information a second time under assistance awards that you received if you already provided
the information through SAM because you were required to do so under Federal procurement
contracts that you were awarded.
Fort Worth 48-001135155-000030 Page 17 of 20 (0512016)
4) Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of this award
term and condition, you must report proceedings information through SAM for the most recent five
year period, either to report new information about any proceeding(s) that you have not reported
previously or affirm that there is no new information to report. Recipients that have Federal
contract, grant, and cooperative agreement awards with a cumulative total value greater than
$10,000,000 must disclose semiannually any information about the criminal, civil, and
administrative proceedings.
5) Definitions
For purposes of this award term and condition:
a) Administrative proceeding means a non judicial process that is adjudicatory in nature in
order to make a determination of fault or liability (e.g., Securities and Exchange
Commission Administrative proceedings, Civilian Board of Contract Appeals
proceedings, and Armed Services Board of Contract Appeals proceedings). This
includes proceedings at the Federal and State level but only in connection with
performance of a Federal contract or grant. It does not include audits, site visits,
corrective plans, or inspection of deliverables.
b) Conviction means a judgment or conviction of a criminal offense by any court of
competent jurisdiction, whether entered upon a verdict or a plea, and includes a
conviction entered upon a plea of nolo contendere.
c) Total value of currently active grants, cooperative agreements, and procurement
contracts includes-
1. Only the Federal share of the funding under any Federal award with a recipient
cost share or match; and
2. The value of all expected funding increments under a Federal award and options,
even if not yet exercised.
ADDITIONAL GUIDELINES:
The following additional guidelines for administration of Local Park Grant Program LWCF
Acquisition and Development Projects is hereby made part of this agreement. The Texas Parks
& Wildlife Commission, by authority of Chapters 13 and 24 of the Parks & Wildlife Code, has
adopted Guidelines for Administration of Grant Acquisition and Development Projects, to read as
follows:
It is the Commission's policy that the Department shall administer local projects in accord with the
following guidelines, with interpretation of intent to be made to provide the greatest number of
public recreational opportunities for citizens of Texas.
Approved projects shall be pursued in a timely manner by the sponsor, unless delays result from
extraordinary circumstances beyond the sponsor's control. Failure to meet the following time
frames may be grounds for the Department to initiate cancellation of the affected project in order
to recommend reallocation of available funds to other projects, or to deny requests for additional
grant funds for new projects:
Fort Worth 48-001135/55-000030 Page 18 of 20 (05/2016)
ACTIVITY TIME FRAME
Commission Approval Begin 3-year project period(4-year max)
Grant Agreement Execution (Department&Sponsor) As soon as possible after Commission approval
Pending Documentation such as:
• U.S.Army Corps of Engineers 404
• TCEQ Permits
• Environmental Resources Survey Accomplished prior to first construction
• THC Cultural Resources Survey and Clearance reimbursement.
• TPWD Biological Consultations
• ROW Abandonment
• Lease/Joint-Use Agreement Execution,etc.
Quarterly Status Reports(beginning with Commission On or before January 15th,April 15°i, July 15"'and
approval) October 15th
Appraisal Submission As soon as possible after grant agreement date
Appraisal Approval Within 6 months of appraisal submission
Land Acquisition As soon as possible after appraisal approval
Accomplished prior to first construction
Construction Plan Submission reimbursement
Periodic Reimbursement Billings Every 90 days if possible(minimum$10,000
request)
Project Completion and Grant Close-Out Within 3 years after Commission approval(but in no
case after the 4th fiscal year)
The following criteria will be used to determine sponsor eligibility for additional funding by the
application deadline. Performance is based on all grant programs administered by the Recreation
Grants Branch:
• Funding history and previous performance
• All previously completed Department sponsored grant projects must be in compliance with
all the terms of the Project Agreement under which they received assistance and all
program guidelines; and
• For active grants, all required project documentation (such as appraisals, construction
plans,quarterly status reports,and reimbursement requests)must be complete and have
been received on schedule, if due; and
• All active projects which are at least two years old must be reimbursed for a minimum
twenty-five (25) percent of the approved grant amount; and
• The total of approved grant funds which have not been reimbursed may not exceed $4
Fort Worth 48-001135155-000030 Page 19 of 20 (05/2016)
million for all active grant projects.
A grantee may also be considered to be "high risk" based on financial stability or non-conforming
management standards, requiring additional special conditions and restrictions as determined by
grant management standards.
TEXAS PARKS AND WILDLIF DEPARTMENT CITY OF FORT WORTH
By_
Brent Leisure, State Parks Division Director Su Alanis, Assistant City Manager
Name and Title Name and Title
SAM Datellnitials: 06120/2016-re
APPROVED AS TO FORM AND LEGALITY.
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OFFICIAL RECORD
CITY SECRETARY
FT, WORTH,TX
Fort Worth 4 8-001135155-000030 Page 20 of 20 (05/2016)
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Texas Parks&Wildlife Department-Local Park Grants Program
OFFICIAL PROJECT BOUNDARY MAP
' This project has been funded through the TPWD Local Park Grants
Program. Land identified on this official map is protected as
parkland in perpetuity.
Project Name: FORT WORTH Alliance Park
Project#48-001135&55-000030 Not in the Project: X
Acquisition Boundary: — --- - Acres: 69.0
Project Boundary: •� � Total Acres: 69.0
FORTWORTH.
De dicated Open Space/Natural Area: #of Acres: 15.0
Overhead Lines: None,Disposition: N/A:
Brent Le' ate ParV Division Director:
Signature an ate
Susan Alanis,Assistant City Manager:
Signature and Date
TEXAS PARKS AND WILDLIFE DEPARTMENT
CERTIFICATE OF LAND DEDICATION FOR PARK USE
LOCAL PARK GRANT PROGRAM
TEXAS RECREATION & PARKS ACCOUNT and
LAND AND WATER CONSERVATION FUND
This is to certify that a permanent record shall be kept in the CITY OF FORT WORTH public property
records and be made available for public inspection FORT WORTH Alliance Park, Project Numbers
55-000030 and 48-001135, and the dated project boundary map made part of that Agreement, has
been acquired or developed with Texas Recreation and Parks Account and Land and Water
Conservation Fund assistance and that it cannot be converted to other than public recreation use
without the written approval of the Texas Parks and Wildlife Department.
CITY OF FORT WORTH
Political Subdivision
By r
SUSAN ALANIS, Assistant City Manager
Name and Title
�1
Date
APPROVED AS TO FORM AND LEGALITY:
A b r
,p0'� Awist:ttC ty Attorney-'
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OFFICIAL RECORD
Fort Worth 55-000030&48-001135 Page 1 of 1 CITY SECRETARY 08/19/2015
FT.WORTH, TX
COMBINED BUDGET SUMMARY
PROJECT: FORT WORTH Alliance Park REIMBURSEMENT REQUEST NO.
PROJECT NUMBER: 48-001135&55-000030
IPERIOD COVERED:
COMPLETED COMPLETED TOTAL
ESTIMATE LAST REQUEST THIS PERIOD COMPLETE
1. PROFESSIONAL SERVICES
Construction Plans&Specification $ 0.00
Limited to 12%of Construction Elements
2. CONSTRUCTION ELEMENTS
1. Soccer fields(2)lighted w-irrigation
and bleachers $ 885,000.00
2. Multi-purpose trail 1,400 LF,concrete $ 70,000.00
3. Benches(3) $ 6,000.00
4. Picnic tables(2) $ 8,000.00
5. Landscape restoration $ 25,000.00
6. Interpretive signs $ 6,000.00
Construction Cost $ 1,000,000.00
Less Retainage $ 0.00
TOTAL CONSTRUCTION $ 1,000,000.00
3. LAND ACQUISITION
69t acres by purchase $ 1,000,000.00
TOTAL ACQUISITION $ 1,000,000.00
TOTAL PROJECT COST $ 1 2,000,000.00
MATCH: $1,000,000.00 0%
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Alternate Phone Number(Cell)
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PARK PROJECT INFORMATION
The entire park is intended to be dedicated parkland,in perpetuity as a result of receiving park grant funding.
Park Name
Alliance Park
County
061 Denton NO HISTORIC
PROPERTIES AFFE"T En
°�CJECI" IM AY' r-"i"J 3�
Physical Address of the Project Site ny � .;.. tn+4
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1405 Litsey Road State Historic Preservation Officer
Fort Worth,TX 76262 N_" LZ?o f _
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Latitude at Park Entrance
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33.007296
Longitude at Park Entrance
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-97.275379
Texas Senate District Number for the project location
12
Texas House of Representatives District Number for the project location
5 of 23
TEXAS PARKS ' WILDLIFE COORDINATION-ROUTING
OFFICE MEMORANDUM DIV, NAME INITIAL DATE
IF Beth Bendik Be 2-5-2016
TO: Lana Daniels
Recreation Grants Program
FROM: Beth Bendik REMARKS
Watershed Policy&Management
Inland Fisheries Division RETURN To:
SUBJECT: Fall 2015 Urban Grant Application Review
DATE: 02/05/2016
TPWD Inland Fisheries,Coastal Fisheries and Wildlife Division staff has been consulted to assess regulatory
compliance and identify potential adverse environmental impacts of proposed Recreation Grant applications.
Reviewed applications are separated into four categories, with "Category 1" being of least concern, and
"Category 4"being of the greatest concern.
CATEGORY 2
Category 2 includes projects for which one or more permits may be required, but if constructed as proposed
and following permit requirements, should pose no significant environmental impacts. In general, these
projects may further reduce or avoid adverse impacts by implementing appropriate comments in the"General
Comments" attachment. These projects may also benefit from coordination with one or more of the TPWD
groups listed in the "Other Recommended Coordination" section of the attachment. Potential permits
considered are described in the"des of Permits" section attached.
City of Fort Worth—Alliance Park(ERCS Project ID#35980):
Five acres of the 69-acre park will be dedicated to open space consisting of a maintained agricultural
field that contains a degraded linear wetland/depression area located along the Henrietta Creek
corridor. Within the dedicated natural area, the City plans to re-establish the quality of the
wetland/depression area by natural reestablishment and/or supplemental plantings. The proposed
amenities appear to be suitably placed primarily in previously cleared areas and allow for establishing
connectivity of wildlife habitat and a wildlife travel corridor along Henrietta Creek. The amenities
avoid the existing wetlands/ponds,minimize removal of wooded habitat along the fence line,minimize
development within the mesquite prairie area,and avoid development in the dedicated open space area.
TPWD resource review staff recommend the applicant follow the comments from the TPWD Urban
Wildlife Biologist,Derek Broman. Staff offer the following recommendations to minimize impacts to
fish and wildlife resources:
I. Existing native grasses: As recommended by the TPWD Urban Biologist,the City will remove grazing
pressure and reduce the mowing schedule to promote the natural re-establishment of native grasses
and other native herbaceous plants in the prairie grass area and in the mesquite invaded pasture. The
City plans to surround the wetland/depression area with prairie grasses through natural revegetation
and/or supplemental plantings. Other smaller areas of landscape restoration are proposed along the
1,400 ft concrete trail in the mesquite prairie.
Recommendation: Although the application indicates that mowing would be reduced in
prairie grass areas, TPWD stresses the value of native grassland habitat and that annual
disturbance/mowing across the entire site may not be necessary. Standing overwinter
vegetation within a native prairie offer habitat for wintering and spring birds, thus retaining
persistent standing vegetation is recommended. Mowing schedules to control woody
encroachment should be determined and adjusted to match the rate of woody encroachment.
Individual woody plant treatment or spot mowing in smaller patches to control woody
encroachment is another tool to use to minimize the impact that mowing can have on
overwintering habitat and prairie seed development.
The city mentions proper mowing schedules to encourage native vegetation, but doesn't
mention what that schedule might look like. Mowing only essential use areas will allow native
grasses to prosper, generally without additional irrigation. Maintenance activities should be
reduced as much as feasible in all areas except sport fields and playgrounds,and restricted to
after seed-set (late fall) to promote reseeding and increased wildlife value. Enhancement of
existing native grasses or prairie remnants can be assisted by limiting mowing practices and
reseeding exposed areas with native grasses and forbs. After all, as many communities are
learning, access to wildlife for casual recreation is not only a valued public benefit itself, but
also a potential boost to the local economy.
2. Trail loop:The site plan shows a concrete trail loop around a seasonal pond.
Recommendation: TPWD recommends ensuring that overland flow to the seasonal pond is
not impeded by the trail,such as installing a culvert or bridge at the location where the majority
of the flow concentrates.
3. Floodplain, wetland, and ponds: As previously recommended by TPWD resource review staff during the
Spring/Summer 2015 review cycle, the City indicates that the U.S. Army Corps of Engineers (404 Permit)
would be contacted regarding habitat restoration activities at the ponds and wetland areas.
Recommendation: The park features should be placed to avoid impacts to the ponds and
wetlands. The seasonal pond may classify as a wetland. Staff also recommend at least a 30 foot
riparian buffer zone around ponds,streams,and wetland areas
4. Native landscaping:
Recommendation: Only native landscaping should be used, other than the ball fields. No invasive
species can be used. Recommended native species for north central Texas can be found at the
Ladybird Johnson Wildflower Center webpage
at http://www.wildflower.org/collections,`collection.php?collection=TX northcentral. A planting
list should be provided for review by Lana Daniels in TPWD Recreation Grants. Also, staff would
like to remind the applicant that"open space"can have trees, so it can be native prairie or woodland
just not developed area.
5. Monarch butterfly: The application indicates selecting milkweed to support monarch butterflies for planting
in the native grass reintroduction area. Please note that the non-native tropical milkweed (Asclepias
curassavica) is a popular commercial nursery milkweed that can persist year-round in southern states;
however the year-round persistence of Tropical milkweed fosters greater transmission of the protozoan
Ophryocystis elektroscirrha(OE),increasing the likelihood that monarch butterflies become infected with the
debilitating parasite. Only native milkweed(Asclepias spp.)and nectar plants should be planted and tropical
milkweed should be avoided. Information about monarch biology, migration, and butterfly gardening can
be found at http:!,www.monarcliwatch.org.
6. Erosion: Picture number 22 shows some signification erosion. The application mentions that some sloping
might be necessary. Is this the area they are referring to? Minimal sloping would be needed if native bunch
grasses were planted and allowed to stabilize the area(and provide habitat).
Questions regarding environmental review of this recreation grant project can be directed to Megan Bean of
the Inland Fisheries Division(830-866-3050)or Karen Hardin of the Wildlife Division(903-322-5001).
ATTACHMENT
Types of Permits
• USACE"404"permit(activities affecting wetlands or aquatic areas)
The U.S.Army Corps of Engineers(USACE)should be consulted prior to commencement of projects
that propose to place fill material or structures,whether from general land grading activities,buildings,
piers,foot bridges or other activities,into wetlands or waters of the U.S. to determine the regulatory
status of the proposed activity. Compensation may be required for any encroachment into these areas.
• TCEQ "401" water quality certification(water quality of wetlands or aquatic areas) (Mr. David
Galindo 512-239-0951)
• TCEQ Water Rights Permit(diversion or impoundment of water in waterways)(TCEQ Water Rights
Permitting and Availability Section 512-239-4691)
• EPA Construction/Stormwater permit(1 or more acres disturbed)
U.S. Environmental Protection Agency should be contacted for projects proposing to disturb one or
more acres of land. (Mr. Everett Spencer 214-665-8060 or TCEQ 512-239-467 l)
• USFWS clearance(federally listed threatened&endangered species/habitat)
The U.S.Fish and Wildlife Service(USFWS)should be consulted, if Natural Diversity Database
search indicates activities may impact federally listed species or habitat,to assist in the evaluation of
the proposed activities that may affect federally listed rare,threatened,or endangered wildlife species.
Further consultation or surveys may be necessary to determine impact.
• TPWD Sand and Gravel permit(disturbance of state navigable waterways or bay bottoms)
The TPWD biologist coordinating the Sand, Shell,Gravel and Marl (SSGM)program should be
consulted to evaluate activities involving the disturbance or taking of material from the beds or
bottoms of State-navigable streambeds and bay bottoms. (Mr.Tom Heger 512-389-4583)
• TPWD Aquatic Resource Relocation Plan
If construction occurs during times when water is present and dewatering activities or other harmful
construction activities are involved, then TPWD recommends relocating potentially impacted native
aquatic resources in conjunction with a Permit to Introduce Fish, Shellfish or Aquatic Plants into Public
Waters and an Aquatic Resource Relocation Plan. (Mr. Don Pitts 512-389-8754 or
don.pittsL tpwd.texas.gov)
• TPWD Inland Fisheries Division (Permit to Introduce Fish,Shellfish,or Aquatic Plants into Public
Waters)
The TPWD Fisheries Division should be consulted for required permits if any aquatic organisms are to
be stocked or relocated within waters of the State. (Ms. Luci Cook-Hildreth 512-389-8750)
^the.-Recommended Coordination
• TPWD Inland Fisheries Division(establishment and management of pond fisheries)
• TPWD Wildlife Division- Wildscapes or Urban Wildlife Programs(beneficial
pl anting/l andscaping/xeriscapi ng)
• Urban Wildlife program coordinator-Richard Heilbrun 210-688-6447
• TPWD Wildscapes program administrator-Mark Klym 512-389-4644
• The Natural Diversity Database should be consulted to assist with the data search for state or federally
listed rare,threatened,or endangered plant&wildlife species;as well as other rare or unique habitats
and ecological resources. (Mr. Bob Gottfried 512-389-8744)
■ TPWD Wildlife Division Habitat Assessment Program(terrestrial habitat impacts/planting) (Ms.
Julie Wicker 512-389-4579)
■ TPWD Inland Fisheries Division Watershed Conservation Team(wetland and aquatic habitat
impacts/enhancement/creation)(Mr.Tom Heger 512-389-4583)
General Comments
1. Trails along creek banks and lake shores should be set back far enough that they do not cause or exacerbate
erosion of the banks,either from construction activities or long-term use. Pedestrian creek crossovers
should be located in areas where vegetation removal or disturbance can be avoided or minimized.The
crossovers should span the entire creek channel with the headwalls at or above the top of the bank in order
to avoid destabilizing the bed and banks.
2. Impervious vehicular and pedestrian use areas such as roads,walking tracks and parking areas should not
impede natural surface water drainage. Stormwater runoff should be treated before discharging into nearby
waterways by directing runoff into vegetated swales,retention or detention ponds,or similar pre-treatment
areas.
3. Landscaping and revegetation plans should incorporate native plants,including grasses,whenever possible.
Locally adapted natives can increase survival and reduce maintenance and watering needs while providing
benefits to wildlife. Mowing only essential use areas will allow native grasses to prosper,generally without
additional irrigation. Maintenance activities should be reduced as much as feasible in all areas except sport
fields and playgrounds,and restricted to after seed-set(late fall)to promote reseeding and increased
wildlife value. Enhancement of existing native grasses or prairie remnants can be assisted by limiting
mowing practices and reseeding exposed areas with native grasses and forbs. After all,as many
communities are learning,access to wildlife for casual recreation is not only a valued public benefit itself,
but also a potential boost to the local economy.
4. Disturbance of native vegetation should be avoided or minimized during land alteration activities by using
site planning and construction techniques designed to preserve existing native trees,shrubs,grasses and
forbs,aquatic and wetland systems. Should any losses be deemed unavoidable, it is recommended that
native plant species be used in mitigation and landscaped areas that are beneficial to fish and wildlife
endemic to the area.Also, where possible,clearing of understory vegetation should be minimized because
such vegetation provides habitat to small mammals and birds.Natural buffers contiguous to wetlands and
aquatic systems should remain undisturbed,to preserve wildlife cover,food sources,travel corridors, and
protect water quality of wetlands and waterways.
5. Soil erosion and siltation should be minimized using haybales,silt screens,or similar soil erosion
prevention techniques. In order to enhance the stabilization of exposed soils, newly graded areas should be
seeded or sodded with native grasses,while graded embankments should not exceed a 4:1 slope.
6. Park sites containing ponds or proposing the construction of a pond should take measures to insure that any
domesticated waterfowl that take up residence at the pond are removed immediately by legal means.
Domestic waterfowl pose a danger to native wild duck populations by providing a disease vector for duck
plague,New Castle Disease,avian cholera,avian tuberculosis,chlamydiosis,bird flu and West Nile virus.
Furthermore,the close genetic relationship between domestic and wild waterfowl can result in hybrid
offspring,which has the effect of diluting the gene pool of wild populations and presents the possibility of
breeding native species out of existence. Signs should be placed in the vicinity of park ponds to educate the
public on the negative impacts of the release and feeding of domestic waterfowl.
Controlled Plants
No person may import,possess,sell,or place into water of this state exotic,harmful,or potentially harmful
fish,shellfish,or aquatic plants except as authorized by rule or permit issued by Texas Parks &Wildlife.
Family Scientific name Common name
Amaranth family: Amaranthaceae Alternanthera philoxeroides alligator-weed
Sumac family: Anacardiaceae Schinus terebinthifolius Brazilian peppertree
Arum family: Araceae Pistia stratiotes water lettuce
Morning-glory family: Convolvulaceae Ipomoea aquatica swamp morning-glory
Water Milfoil family: Haloragaceae Myriophyllum spicatum Eurasian watermilfoil
Tape-grass family: Hydrocharitaceae Ottelia alismoides ducklettuce
Hvdrilla verticillata hydrilla
Lagarosiphon major oxygen-weed
Spirodela oligorhiza duckweed
Loosestrife family: Lythraceae Lythnim salicaria purple loosestrife
Myrtle family: Myrtaceae Melaleuca quinquenervia punktree
Grass Family:Poaceae Panicum repens torpedo grass
Water-Hyacinth family:Pontederiaceae Eichhornia azurea anchored water hyacinth
Eichhornia crassipes common water hyacinth
Monochoria hastata arrowleaf falsepickerelweed
Monochoria vaginalis heartshape false pickerelweed
Salvinia Family: Salviniaceae all species of genus Salvinia
Figwort Family: Scrophulariaceae Limnophila sessiliflora Asian marshweed
Potato family: Solanaceae Solanum tampicense scrambling nightshade
Bur-reed family: Sparganiaceae Sparganium erectum simplestem bur-reed