HomeMy WebLinkAboutContract 57213Recreation Grant Agreement
Federal Sub-Award
TPWD P.O. Number: CA-0002527
Project Number: 48-001193
Sponsor Name: City of Fort Worth - Park Recreation Department
Project Name: FORT WORTH Nature Center & Refuge
Federal Award Identification Number (FAIN): P21AP12342
Sponsor Unique Entity Identifier: 073170458
Catalogue of Federal Domestic Assistance Number (CFDA): 15.916
Agreement Term / Period of Performance: 04/27/2021 - 06/30/2024
Federal Share: $1,500,000.00
Sponsor Share: $1,500,000.00
Total Project Cost: $3,000,000.00
SECTION 1 - PROJECT DESCRIPTION AND LOCATION
This subaward agreement (Grant Agreement) is entered into by the Texas Parks and Wildlife
Department (Department), and the City of Fort Worth - Park Recreation Department (Sponsor). This
sub-award is funded through Land and Water Conservation Fund - National Park Service issued to the
Department on 04/27/2021
The scope of this Grant Agreement includes:
The City of Forth Worth proposes to further install marshland boardwalk, a solar-powered restroom, soft loop
trail and interpretive signs, picnic area with amenities, renovate hard trails and parking areas, remove invasive
plants, and restore native vegetation at the Nature Center Refuge, as described in the project proposal. In
addition, the project involves site preparation and pre-planning professional services.
This sub-award is not for research and development.
SECTION 2 - SPECIAL CONDITIONS APPLICABLE TO THIS AGREEMENT
This project received a Waiver of Retroactivity to begin development on April 27, 2021.
All work described in this agreement will be completed by the subrecipient by September 30, 2024.
SECTION 3 - PRE-AWARD INCURRENCE OF COSTS
The project will involve pre-planning professional services in the form of engineering and design with a pre-
agreement date of 12/04/2019.
SECTION 4 - APPROVED INDIRECT COST RATE
N/A
City of Fort Worth - Park Recreation Department-FORT WORTH Nature Center & Refuge 1
CSC No. 57213
SECTION 5 - KEY OFFICIALS
Key officials are essential to ensure maximum coordination and communications between the parties
and the work being performed. They are:
FOR TEXAS PARKS AND WILDLIFE DEPARTMENT:
Dana Lagarde
Director of Recreation Grants
4200 Smith School Road
Austin, Texas 78744
(512)389-8224
Dana.Lagarde@tpwd.texas.gov
Grant Manager:
Dan Reece
Recreation Grants Branch
4200 Smith School Road
Austin, Texas 78744
(512) 389-8224
dan.reece@tpwd.texas.gov
Grant Coordinator:
Aaron Friar
Recreation Grants Branch
4200 Smith School Road
Austin, Texas 78744
(512) 389-8224
aaron.friar@tpwd.texas.gov
FOR PROJECT SPONSOR:
Official Point of Contact
Joel McElhany
capital projects manager/landscape architect
200 Texas Avenue
Fort Worth, Texas, 76102
(817) 392-2461
joel.mcelhany@fortworthtexas.gov
Project Coordinator
Tonda Rice
Project Manager
4200 South Freeway
Suite 2200
Fort Worth, Texas, 76115-1499
(817) 392-5759
tonda.rice@fortworthtexas.gov
Fiscal Contact
Tonda Rice
Project Manager
4200 South Freeway
Suite 2200
Fort Worth, Texas, 76115-1499
(817) 392-5759
City of Fort Worth - Park Recreation Department-FORT WORTH Nature Center & Refuge 2
tonda.rice@fortworthtexas.gov
SECTION 6 - AWARD AND PAYMENT
A.The Department will provide funding to the Sponsor in an amount not to exceed $1,500,000.00 for the
project described under Project Description and Location above and in accordance with the
Department-approved budget summary attached.
B.The Sponsor shall obtain prior approval from the Department for budget and program revisions, and
shall request reimbursement via payment in accordance with the most current version of the
Instructions for Approved Projects Recreation Grant Programs on form PWD BK P4000-1146.
C.In order to receive a financial assistance award and to ensure proper payment, it is required that
Sponsor maintain their registration with the System for Award Management (SAM), accessed at
http://www.sam.gov. Failure to maintain registration can impact obligations and payments under this
Grant Agreement and/or any other financial assistance or procurement documents the Sponsor may
have with the Federal government.
D.Expenses charged against awards under the Grant Agreement, unless approved in Section 3, may not
be incurred prior to the beginning of the Grant Agreement and may be incurred only as necessary to
carry out the approved objectives, scope of work and budget with prior approval from the Department
Key Officials. The Sponsor shall not incur costs or obligate funds for any purpose pertaining to the
operation of the project, program, or activities beyond the expiration date stipulated in the award.
E.Indirect costs will not be allowable charges against the award unless specifically included as a line item
in the approved budget incorporated into the award.
F.The Sponsor must meet their cost share commitment over the life of the award, as specified in section
2 of this agreement. Non-federal cost-share is required for costs incurred under this Grant Agreement.
SECTION 7 - MODIFICATION, REMEDIES FOR NON-COMPLIANCE TERMINATION
A.This Agreement may be modified only by a written instrument executed by the parties. Modifications
will be in writing and approved by the Department and the authorized representative of Sponsor.
B.Additional conditions may be imposed by the Department if it is determined that the Sponsor is
non–compliant with the terms and conditions of this agreement.
C.The Department may suspend program assistance under the project pending corrective action by the
Sponsor or pending a decision to terminate the grant by the Department.
D.The Sponsor may unilaterally terminate the project prior to the first payment on the project or within 90
days of the TPWD Approval Date, whichever occurs earlier. After the initial payment, the project may
be terminated, modified, or amended by the Sponsor only by agreement with the Department.
E.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 Sponsor 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 termination, together with the effective date. Payments made to the Sponsor or recoveries by the
Department under projects terminated for cause shall be in accord with the legal rights and liabilities of
the parties.
F.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 portions
to be terminated. The Sponsor 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/Federal share of the non-cancelable obligations, property
incurred by the Sponsor, pending written receipt of the determination and the reasons for termination,
together with the effective date. Payments made to the Sponsor or recoveries by the Department
City of Fort Worth - Park Recreation Department-FORT WORTH Nature Center & Refuge 3
under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties.
G.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.
H.If the Sponsor does not comply with provisions as set forth in the grant agreement and the Recreation
Grants Manual regarding both active project compliance and compliance at previously assisted grant
sites, the following actions may be taken:
1.The Department may withhold payment to the Sponsor;
2.The Department may withhold action on pending projects proposed by the Sponsor
SECTION 8 - CLOSEOUT
Sponsor will follow closeout procedures in the Instructions for Approved Projects Recreation Grant Programs
PWD BK P4000-1146.
SECTION 9 - TERMS OF ACCEPTANCE
By accepting funds under this grant, the Sponsor agrees to comply with the terms and conditions of this Grant
Agreement, and the terms and conditions of all attachments that are applicable to the Sponsor. Sponsor also
agrees to comply with assurances and certifications made in its approved grant application submitted via
Recreation Grants Online, and applicable federal statutes, regulations and guidelines. Sponsor agrees to
fulfill the grant in accordance with the approved grant application, budgets, supporting documents, and all
other representations made in support of the approved grant application.
Signature Authority
The person or persons signing this Grant Agreement on behalf of the Sponsor hereby warrant and guarantee
that they are duly authorized by the Sponsor to execute this Grant Agreement on behalf of the Sponsor and to
validly and legally bind the Sponsor to all the terms of this agreement.
Entire Agreement; Modifications Must Be in Writing
This Grant Agreement and each of its provisions will be binding upon the parties and may not be waived,
modified, amended or altered unless with prior written approval by both parties.
Venue; Governing Law
This Grant Agreement shall be governed by the laws of the State of Texas. The proper place of venue for suit
on or in respect of the Agreement shall be Travis County.
SECTION 10 – ATTACHMENTS INCORPORATED BY REFERENCE
The Federal regulations titled “2 CFR, Part 200: Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards” are incorporated by reference into this Agreement (full text can be
found at http://www.ecfr.gov)
The following completed documents are attached to and made part of this Agreement:
Attachment A: Budget Summary
Attachment B: Project Boundary Map
Attachment C: Certificate of Land Dedication
TPWD Resource Review
THC Review
Assurances for Federal Subawards
SF 424D Construction Assurances
City of Fort Worth - Park Recreation Department-FORT WORTH Nature Center & Refuge 4
Certification Regarding Lobbying
Instructions for Approved Projects
Federal Notice of Award
SECTION 11 – SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Signature: Dana Lagarde
Date: 12/07/2021
SAM Date/Initials: 12/06/2021 / D.R.
Federal Aid Date/Initials: 12/06/2021 / A.J.
City of Fort Worth - Park Recreation Department
Name: _______________________________
Title: Valerie Washington, Assistant City Manager
Signature: _____________________________
Date: ________________________________
City of Fort Worth - Park Recreation Department-FORT WORTH Nature Center & Refuge 5
Valerie Washington
Valerie Washington (Jan 20, 2022 23:50 CST)
Jan 20, 2022
SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s)
forth below.
TEXAS PARKS ANO WILDLIFE DEPARTMENT
By:
CITY OF FORT WORTH
Sponsor (Politlcal Subdivision)
By:
Name and Title Name and Title
Date: Date:
TPWD Approval Date
SAM Number, Date, Initials:
Attachment A - Budget Summary of Project Costs
Attachment B - Project Boundary Map, signature required
Attachment C - Certificate of Land Dedication, signature required
Valerie Washington, Assistant City Manager
Valerie Washington (Jan 20, 2022 23:50 CST)
Jan 20, 2022
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of this
contract, including ensuring all performance and
reporting requirements.
Tonda Rice
Project Manager
This form is N/A as No City Funds are associated
with this Contract
Printed Name Signature
APPROVED AS TO FORM AND LEGALITY:
Taylor Paris
Assistant City Attorney
ATTEST:
Jannette Goodal
City Secretary
Form 1295:
M&C No.:
M&C Date:
1/6/2021
APPROVAL RECOMMENDED BY:
Richard Zavala, Director
Park & Recreation Dept.
Richard Zavala (Jan 20, 2022 17:13 CST)
Richard Zavala Jan 20, 2022
Jan 20, 2022
Jannette S. Goodall (Jan 21, 2022 13:11 CST)
Jannette S. Goodall Jan 21, 2022
M&C 19-0269
10/29/2019
N/A
City of Fort Worth – 48-001193
Attachment A
Project Budget Summary
City of Fort Worth – 48-001193
REIMBURSEMENT REQUEST NO.
PERIOD COVERED:
COMPLETED COMPLETED TOTAL
ESTIMATE LAST REQUEST THIS PERIOD COMPLETE
1. PROFESSIONAL SERVICES
Engineering and Design $275,000.00
$
Limited to 12% of Construction Elements
Pre-Award Date: 12/4/2019
2.CONSTRUCTION ELEMENTS
1. Boardwalk $1,250,000.00
2. Site Preparation $730,000.00
3. Parking $250,000.00
4. Nature Trail $200,000.00
5. Restroom $100,000.00
6. Walkways $75,000.00
7. Interpretive Signage $50,000.00
8. Native Vegetation $50,000.00
9. Picnic Areas with Amenities $20,000.00
Construction Cost $2,725,000.00
Less Retainage $0.00
TOTAL CONSTRUCTION $2,725,000.00
3.LAND ACQUISITION
$0.00
$0.00
TOTAL PROJECT COST $3,000,000.00
1,500,000.00$
BUDGET SUMMARY
PROJECT: FORT WORTH - Nature Center and Refuge
PROJECT NUMBER: 48-001193
Match
City of Fort Worth – 48-001193
Attachment B
Project Boundary Map
Signature Required
This project has been funded through the TPWD Local Park Grants Program. Land identified on this official map is protected as parkland in perpetuity.
Date: 9/23/2021Texas Parks & Wildlife Department | Local Park Grants Program | Official Project Boundary Map
Attachment B: LWCF Boundary Map
Valerie WashingtonAssistant City Manager of Fort Worth
Signature and Date
Project Name:City of Fort Worth - Fort Worth Nature Center and Refuge Project Number:#48-001193
Dan ReeceAlternate State Liason Officer
Signature and Date Valerie Washington (Jan 20, 2022 23:50 CST)Jan 20, 2022
City of Fort Worth – 48-001193
Attachment C
CERTIFICATE OF LAND DEDICATION
Signature Required
City of Fort Worth – 48-001193
Attachment C
TEXAS PARKS AND WILDLIFE DEPARTMENT
CERTIFICATE OF LAND DEDICATION FOR PARK USE
LAND & 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 pub lic inspection to the effect that the property described in the scope of the Grant
Agreement for Fort Worth Nature Center and Refuge , Project Number 48-001193, and the dated project
boundary map made part of that Agreement, has been acquired or developed with 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
Sponsor (Political Subdivision)
By
Valerie Washington , Assistant City Manager
Name, Title
Date
Valerie Washington (Jan 20, 2022 23:50 CST)
Jan 20, 2022
OFFICE MEMORANDUM
TO: Aaron Friar
Recreation Grants Program
FROM: Sue Reilly
Watershed Policy & Management
Inland Fisheries Division
SUBJECT: Spring 2020 Small Community Grant Application Review
DATE: 12/16/2020
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, this project
may further reduce or avoid adverse impacts by implementing appropriate comments in the "General
Comments" attachment. Staff feels that in some cases, this project may also benefit from coordination with
one or more of the TPWD groups listed in the "Other Recommended Coordination" attachment. Potential
permits considered are described in the "Types of Permits" section attached.
City of Fort Worth – Fort Worth Nature Center 2020 Park, Tarrant County (Project ID 43215)
The City of Fort Worth PARD is requesting $1,500,000 in matching funds to complete the development of the Marsh
Boardwalk at the FWNCR, located in Park Planning District 2, at 9601 Fossil Ridge Rd. Fort Worth, Texas. This
project will provide professional services, installation of marshland boardwalk, a solar-powered restroom, soft loop
trail and interpretive signs/kiosk(s); renovation of hard trails, picnic, and parking areas; and removal of invasive plants
and restoration of native vegetation.
As indicated in supplementary information provided in addition to the original application, work associated with the
proposed Marsh Boardwalk will be performed under a Nationwide Permit under Section 404 of the Clean Water Act.
TPWD recommends referring to Types of Permits and General Comments sections of the attachment.
The project indicates dewatering to install the boardwalk, removal of invasive aquatic plants, and planting the marsh
with native species. Each of these actions triggers TPWD permit requirements. Please refer to the following permit
requirements that may be needed in association with dewatering, removing invasive aquatic resources, preventing the
transfer of invasive species, and planting aquatic species.
State Regulations - Aquatic Resources
1) Dewatering and the aquatic resources that become stranded in the dewatered area:
TPW Code Sections 12.015, 12.019, 66.015 and Texas Administrative Code (TAC) 52.101-52.105,
52.202, and 57.251-57.259 regulate the introduction and stocking of fish, shellfish, and aquatic plants
into public waters of the state. Dewatering activities can impact aquatic resources through stranding
fish and mussels. Other harmful construction activities can trample, dredge, or fill areas exhibiting
stationary aquatic resources such as plants and mussels. Relocating aquatic life to an area of suitable
habitat outside the project footprint avoids or reduces impacts to aquatic life. Relocation activities are
done under the authority of a TPWD Permit to Introduce Fish, Shellfish or Aquatic Plants into Public
Waters to ensure that natural resource risks associated with relocation are alleviated. Aquatic Resource
Relocation Plans (ARRPs) dictate resource handling activities, assist in the permitting process, and are
coordinated through the TPWD Kills and Spills Team (KAST). If dewatering activities or other
project-related activities cause mortality to fish and wildlife species, then the responsible party would
be subject to investigation by the TPWD KAST and will be liable for the value of the lost resources
under the authority of TPW Code Sections 12.0011 (b) (1) and 12.301. The development of an ARRP
is intended to avoid or minimize loss or damage to aquatic species from disturbance and alleviate
damage/restitution concerns.
The project activities involve dewatering within a public water and may be subject to coordination
with TPWD KAST. For additional information please see the TPWD KAST website and TPWD
Guidelines for Aquatic Resource Relocation Plans for Fish and Shellfish, Including Freshwater
Mussels. Recommendation: If construction occurs during times when water is present and dewatering
activities or other harmful construction activities are involved (such as trenching, dredging, and
placement of temporary or permanent fills), 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 ARRP. The ARRP should be completed and approved by the department
30 days prior to activity within project waters and/or resource relocation and submitted with an
application for a no-cost Permit to Introduce Fish, Shellfish, or Aquatic Plants into Public
Waters. ARRPs can be submitted to Bregan Brown, TPWD Region 2 KAST at
kirian.brown@tpwd.texas.gov and 512-389-4848.
2) Planting the marsh with native species:
The planting or introduction of prohibited aquatic species would be in violation of TPW Code.
Requirement: The same permit to relocate aquatic resources is used to place aquatic plants in public
waters, thus the project would need to coordinate with KAST to obtain a TPWD Permit to Introduce
Fish, Shellfish or Aquatic Plants into Public Waters. Follow the coordination as described above.
3) Aquatic Invasive Species Transfer Prevention Plan:
TPW Code Section 66.007 and 66.0072 grant TPWD authority to regulate harmful or potentially
harmful fish, shellfish, and aquatic plants. TPW Code Section 66.0071 and 66.0073 identify rules
requiring the removal of prohibited plants from vessels and requiring water to be drained from vessels.
Per TAC Title 31, Part 2, Chapter 57, Subchapter A, it is an offense for any person to possess, transport,
or release into the water of this state any species, hybrid of a species, subspecies, eggs, seeds, or any
part of any species defined as a harmful or potentially harmful exotic fish, shellfish, or aquatic plant.
This rule applies not only to zebra mussels (Dreissena polymorpha) (live or dead) and their larvae but
also to any species (or fragments thereof) designated as harmful or potentially harmful under this
subchapter. The list includes many problematic plants such as giant salvinia (Salvinia molesta),
common Salvinia (S. minima), hydrilla (Hydrilla verticillata), Eurasian watermilfoil (Myriophyllum
spicatum), and alligatorweed (Alternanthera philoxeroides). The full list of prohibited and exotic
species of fish, shellfish, and invasive aquatic plants can be found on the TPWD website. Keep in mind
that many aquatic invasive plant species can propagate from very small fragments.
Project construction activities will require equipment to come in contact with inland water bodies.
Unwashed equipment and barges entering the site could contain contaminated mud, debris or standing
water in crevices and are a risk of transporting aquatic invasive species to the site, especially if the
equipment is coming from a previous job that involved work in contaminated water bodies.
Additionally, equipment leaving the shoreline or water construction sites at the end of the job could
transport invasive species to the next job site if not properly drained and cleaned. Recommendation:
TPWD recommends the City of Fort Worth prepare and follow an aquatic invasive species (AIS)
transfer prevention plan which outlines BMPs for preventing inadvertent transfer of aquatic invasive
plants and animals to and from the project site. These BMPs may include removal of mud/plant debris
from all equipment and rinsing, preferably with high pressure and/or hot water and allowing equipment
to dry before use in the project area. The BMPs should be repeated after use to prevent transfer to
another water body. For more detailed information about how to avoid spreading harmful aquatic
invasive species, please refer to the TPWD Clean/Drain/Dry Procedures and Zebra Mussel
Decontamination Procedures for Contractors Working in Inland Public Waters found on the TPWD
Wildlife Habitat Assessment Program webpage.
4) Removing invasive aquatic plants:
TPWD Code Section 11.082-11.086 and TAC Title 31, Part 2, Ch 57, Subchapter L regulates the
management of aquatic vegetation and establishes a state aquatic vegetation management plan.
Organizations or individuals wishing to treat or remove shoreline or aquatic vegetation in public water
must submit an aquatic vegetation treatment proposal for review and authorization by TPWD.
Information regarding aquatic vegetation management can be found on the TPWD website for
nuisance aquatic vegetation. Physical removal of exotic (non-native) aquatic plants designated as
harmful or potentially harmful species requires an Aquatic Vegetation Removal Permit for Exotic
Species (no cost for public waters). Requirement: For the removal of invasive aquatic plants, the City
will need to coordinate with TPWD obtain approval and an Aquatic Vegetation Removal Permit for
Exotic Species, as applicable.
Natural resource staff appreciates the opportunity to provide input into the grant review process.
Questions regarding environmental review of this recreation grant project can be directed to Sue Reilly of the
Inland Fisheries Division (512-389-8622) or Karen Hardin of the Wildlife Division (903-322-5001).
ATTACHMENT
January 2019 Version Page | 1
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)
o Lili Murphy - 512-239-4596
• TCEQ Water Rights Permit (diversion or impoundment of water in waterways)
o TCEQ Water Rights Permitting and Availability Section - 512-239-4691
• EPA Construction General 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.
o Suzanna Perea (EPA) - 214-665-7217
o TCEQ - 512-239-4671
• USFWS consultation (federally listed threatened & endangered species/habitat)
If the U.S. Fish and Wildlife Service’s (USFWS) IPaC (Information for Planning and
Consultation) tool (https://ecos.fws.gov/ipac/) indicates activities may impact federally
listed species or habitat, The USFWS should be consulted to assist in the evaluation of
the proposed activities that may affect federally listed 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 banks of State-navigable streams and from tidal waters and coastal bay
bottoms.
o Tom Heger - 512-389-4583 or tom.heger@tpwd.texas.gov
• 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 order to avoid liability for the value of
lost public fish and wildlife resources. Aquatic resource relocation is done under an
Aquatic Resources Relocation Plan (ARRP) in conjunction with a Permit to Introduce
Fish, Shellfish or Aquatic Plants into Public Waters.
o Tom Heger - 512-389-4583 or tom.heger@tpwd.texas.gov
• TPWD Inland Fisheries Division (Permit to Introduce Fish, Shellfish, or Aquatic Plants
into Public Waters)
January 2019 Version Page | 2
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.
o Lauren Reynolds - 512-389-4742 or IFpermits@tpwd.texas.gov
OTHER RECOMMENDED COORDINATION
• TPWD Coastal and Inland Fisheries Divisions – For the establishment and management
of pond fisheries
o Find a Coastal or Inland Fisheries Biologist at
https://tpwd.texas.gov/fishboat/fish/management/biologist/
• TPWD Inland Fisheries Division – Aquatic Resources Permitting and Consultations
Team – For wetland and aquatic habitat impacts/enhancement/creation
o Tom Heger - 512-389-4583 or tom.heger@tpwd.texas.gov
• TPWD Wildlife Division – Wildscapes or Urban Wildlife Programs – For beneficial
planting/landscaping/xeriscaping
o Urban Wildlife program coordinator - Richard Heilbrun - 210-688-6447
o TPWD Wildscapes program administrator – Olivia Schmidt – 512-389-8008
• TPWD Wildlife Division - Texas Natural Diversity Database
The TXNDD 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.
o Bob Gottfried - 512-389-8744
• TPWD Wildlife Division – Habitat Assessment Program – For terrestrial habitat
impacts/restoration
o Laura Zebehazy - 512-389-4638
January 2019 Version Page | 3
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 crossings should be located in areas
where vegetation removal or disturbance can be avoided or minimized. The
crossings 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.
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, and 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 native fish and wildlife. Also, where possible, clearing of understory
vegetation should be minimized because such vegetation provides habitat to
many different species of wildlife. 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. For soil
stabilization and/or revegetation of disturbed areas within the proposed project
area, TPWD recommends erosion and seed/mulch stabilization materials that
avoid entanglement hazards to snakes and other wildlife species. Because the
mesh found in many erosion control blankets or mats pose an entanglement
hazard to wildlife, particularly snakes, TPWD recommends the use of
hydromulching and/or hydroseeding rather than erosion control blankets or mats
due to a reduced risk to wildlife. If erosion control blankets or mats will be used
during this project, the product should contain no netting or contain loosely woven,
natural fiber netting in which the mesh design allows the threads to move,
therefore allowing expansion of the net openings. Plastic mesh netting should be
avoided.
January 2019 Version Page | 4
6. Park sites containing ponds or proposing the construction of a pond should not
establish domestic waterfowl at the site and should 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,
domestic waterfowl negatively affect wild waterfowl through interbreeding; wild
populations of waterfowl may be lost through hybridizing with domestic birds.
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.
7. In general, ponds constructed in uplands will be considered acceptable to TPWD
biological staff provided that good-quality, native natural resources are not
impacted during their construction. Ponds should be filled with rainfall or runoff.
The use of groundwater to fill recreational ponds is not considered to be a
sustainable practice. On-channel impoundments generally will not be considered
acceptable. Possible impacts of impoundments could include the following: the
loss of valuable fish and wildlife habitat, impeded fish migration, loss of flood
storage, loss of water through evaporation, sediment accumulation, and degraded
water quality. Under no circumstances should non-native plant or fish species be
introduced to a pond without TPWD review and approval.
8. TPWD recommends the judicious use and placement of sediment control fence to
exclude wildlife from the construction area. In many cases, sediment control fence
placement for the purposes of controlling erosion and protecting water quality can be
modified minimally to also provide the benefit of excluding wildlife access to construction
areas. The exclusion fence should be buried at least six inches and be at least 24
inches high. The exclusion fence should be maintained for the life of the project and
only removed after the construction is completed and the disturbed site has been
revegetated. Construction personnel should be encouraged to examine the inside of the
exclusion area daily to determine if any wildlife species have been trapped inside the
area of impact and provide safe egress opportunities prior to initiation of construction
activities. TPWD recommends that any open trenches or excavation areas be covered
overnight and/or inspected every morning to ensure no wildlife species have been
trapped. Also, inspect excavation areas for trapped wildlife prior to refilling.
January 2019 Version Page | 5
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, including the following plant species.
For further information, please visit TPWD’s Exotic and Invasive Species website
(https://tpwd.texas.gov/huntwild/wild/species/exotic/).
Family Scientific name Common name(s)
Amaranth family: Amaranthaceae Alternanthera philoxeroides alligatorweed
Sumac family: Anacardiaceae Schinus terebinthifolius Brazilian peppertree
Arum family: Araceae Pistia stratiotes water lettuce
Morning-glory family: Convolvulaceae Ipomoea aquatica swamp morning-glory,
water spinach, ong choy,
rau mong, and kangkong
Water Milfoil family: Haloragaceae Myriophyllum spicatum Eurasian watermilfoil
Tape-grass family: Hydrocharitaceae Ottelia alismoides ducklettuce
Hydrilla verticillata hydrilla
Lagarosiphon major oxygen-weed, African
elodea, Langarosiphon
Landoltia punctata dotted duckweed
Loosestrife family: Lythraceae Lythrum salicaria purple loosestrife
Myrtle family: Myrtaceae Melaleuca quinquenervia Punktree, paperbark, or
melaleuca
Grass Family: Poaceae Panicum repens torpedo grass
Water-Hyacinth family: Pontederiaceae Eichhornia azurea rooted water hyacinth
Eichhornia crassipes floating 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,
ambulia
Potato family: Solanaceae Solanum tampicense wetland nightshade,
aquatic soda apple
Bur-reed family: Sparganiaceae Sparganium erectum exotic bur-reed
Re: Project Review under Section 106 of the National Historic Preservation Act and/or the Antiquities
Code of Texas
THC Tracking #202009568
Fort Worth Nature Center & Refuge - Boardwalk Extension Phase II
9601 Fossil Ridge Rd
Forth Worth,TX 76135
Dear Aaron Friar:
Thank you for your submittal regarding the above-referenced project. This response represents the
comments of the State Historic Preservation Officer, the Executive Director of the Texas Historical
Commission (THC), pursuant to review under Section 106 of the National Historic Preservation Act and
the Antiquities Code of Texas.
The review staff, led by Arlo McKee and Caitlin Brashear, has completed its review and has made the
following determinations based on the information submitted for review:
Above-Ground Resources
• No historic properties are present or affected by the project as proposed. However, if historic
properties are discovered or unanticipated effects on historic properties are found, work should
cease in the immediate area; work can continue where no historic properties are present. Please
contact the THC's History Programs Division at 512-463-5853 to consult on further actions that
may be necessary to protect historic properties.
Archeology Comments
• No historic properties present or affected. However, if buried cultural materials are
encountered during construction or disturbance activities, work should cease in the immediate
area; work can continue where no cultural materials are present. Please contact the THC's
Archeology Division at 512-463-6096 to consult on further actions that may be necessary to
protect the cultural remains.
We look forward to further consultation with your office and hope to maintain a partnership that will
foster effective historic preservation. Thank you for your cooperation in this review process, and for
your efforts to preserve the irreplaceable heritage of Texas. If the project changes, or if new historic
properties are found, please contact the review staff. If you have any questions concerning our review
or if we can be of further assistance, please email the following reviewers: Arlo.McKee@thc.texas.gov,
caitlin.brashear@thc.texas.gov.
This response has been sent through the electronic THC review and compliance system (eTRAC).
Submitting your project via eTRAC eliminates mailing delays and allows you to check the status of the
review, receive an electronic response, and generate reports on your submissions. For more
information, visit http://thc.texas.gov/etrac-system.
Sincerely,
for Mark Wolfe, State Historic Preservation Officer
Executive Director, Texas Historical Commission
M&C Review
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27414&councildate=10/29/2019[12/16/2021 7:49:28 AM]
Official site of the City of Fort Worth, Texas
City CounCil AgendA
DATE:10/29/2019 REFERENCE
NO.:
M&C 19-
0269 LOG NAME:80FWNCR_BOARDWALK_PHII
CODE:G TYPE:NON-
CONSENT
PUBLIC
HEARING:NO
SUBJECT: Conduct Public Hearing and Apply for and Accept, if Awarded, a 2019 Urban Outdoor
Recreation Grant from the Texas Parks & Wildlife Department, in an Amount Up to
$1,500,000.00 for the Design and Construction of the Fort Worth Nature Center &
Refuge Boardwalk, Phase II, Authorize City's Grant Match in an Amount Up to
$1,500,000.00, and Adopt Resolution and Appropriation Ordinances (COUNCIL
DISTRICT 7)
(PUBLIC HEARING - a. Report of City Staff: David Creek; b. Citizen Presentations; c.
Council Action: Close Public Hearing and Act on the M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to allow citizen input and comment on the application for the Texas
Parks & Wildlife Department Urban Outdoor Recreation Grant for use of state grant funds in the
amount of $1,500,000.00, if awarded, for Phase II of the Fort Worth Nature Center & Refuge
Boardwalk project;
2. Apply for and accept, if awarded, a 2019 Urban Outdoor Recreation grant from the Texas Parks
& Wildlife Department, in an amount up to $1,500,000.00 for the design and construction of the
Fort Worth Nature Center & Refuge Boardwalk Project, Phase II;
3. Authorize the use of revenue derived from mineral leases on City-owned property in an amount
up to $1,000,000.00 for the City's grant match;
4. Adopt a resolution providing that an amount up to $1,500,000.00 in City funds will be available
as a match for the design and construction of the Fort Worth Nature Center & Refuge Boardwalk
Project, Phase II and authorize the City Manager or his designee to execute all necessary
contracts associated with this project with the Texas Parks & Wildlife Department;
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the General Gas Lease Project Fund in an amount up to $1,000,000.00 for the purpose of
transferring to the Grants Capital Project State Fund for the City's grant match of the Fort Worth
Nature Center & Refuge Boardwalk, Phase II;
6. Adopt appropriation ordinance increasing appropriations in the amount of $100,000.00 in the
Special Donations Capital Projects Fund from Fort Worth Nature Center & Refuge Boardwalk gate
fees, for the purpose of transferring to the Grants Capital Project State Fund for the City’s grant
match of the Fort Worth Nature Center & Refuge Boardwalk, Phase II;
7. Adopt appropriation ordinance decreasing receipts and appropriations in the General Capital
Projects Fund, Park Improvements programmable project in the amount of $100,000.00 and
increasing receipts and appropriations by the same amount, for the purpose of transferring to the
Grants Capital Project State Fund for the City’s grant match of the Fort Worth Nature Center &
Refuge Boardwalk, Phase II;
8. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants
Capital Project State Fund in an amount up to $3,000,000.00, subject to receipt of grant; and
M&C Review
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27414&councildate=10/29/2019[12/16/2021 7:49:28 AM]
9. Authorize the execution of a Grant Agreement with the Texas Parks & Wildlife Department.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to apply for and accept, if
awarded, a 2019 Urban Outdoor Recreation Grant from the Texas Parks & Wildlife Department
(TPWD) in an amount up to $1,500,000.00 and to transfer the required City matching funds of up
to $1,500,000.00. The grant, as awarded by TPWD, includes State participation in the amount of
$1,500,000.00. This grant will provide funding for development of the Fort Worth Nature Center &
Refuge (FWNCR) Boardwalk Project, Phase II.
In January 2017, the Park & Recreation Department (PARD) completed Phase I of the FWNCR
Boardwalk with a total cost of $1,330,055.00. The funding for Phase I was as follows:
Source Authority Fund Amount
2004 Bond
Program
M&C-
27578 2004 Bond Fund $674,088.04
2013 CO Sale M&C G-
17980
2013 Certificates of
Obligation Fund $446,709.71
FWNCR Gate
Fees
M&C C-
27578
Specially Funded Projects
Fund $139,147.00
Ruth Dillon
Bequest
M&C C-
27578
Special Donations Capital
Projects Fund $44,012.48
PARD Gas
Revenue
M&C G-
18586
PARD Gas Lease Capital
Projects Fund $26,098.00
Total Phase I Funding $1,330,055.23
Phase II replacement of the 45-year-old Boardwalk is estimated to cost $2,500,000.00. Additional
site improvements include parking lot repaving, a restroom facility and interpretive trail in the
amount of $500,000.00, bringing the total project cost to $3,000,000.00.
In accordance with the TPWD grant application structure, a match is required. For the match, the
Park & Recreation Department (PARD) is leveraging $1,000,000.00 from the General Gas Lease
Capital Projects Fund. This follows the City's gas revenue policy.
The Friends of the FWNCR have committed to raise support for the Boardwalk project in the
amount of $300,000.00. The remaining $200,000.00 will come from PARD reallocated PayGo
capital funds in the amount of $100,000.00 and dedicated capital funds from earned gate revenue
in the amount of $100,000.00.
The total Phase II project funding is as follows:
Source Authority Fund Amount
TPWD Grant This M&C Grants Capital Project
State Fund $1,500,000.00
City Gas Revenue This M&C General Gas Lease
Capital Projects Fund $1,000,000.00
FWNCR Gate
Fees This M&C Special Donations
Capital Projects Fund $100,000.00
PARD FY2019
PayGo
FY2019
CIP
General Capital
Projects Fund $100,000.00
Friends of the
FWNCR Donation
Future
M&C
Special Donations
Capital Projects Fund $300,000.00
M&C Review
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Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Total Phase II
Funding $3,000,000.00
Potential grant awards are not included in the PARD's Capital Improvements Plan (CIP). Therefore,
the action in this M&C is not included in the FY2020-2024 CIP and will amend the FY2020 CIP.
The FWNCR is located in COUNCIL DISTRICT 7.
A Form 1295 is not required because: This M&C does not request approval of a contract with a
business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, receipt of the
grant and adoption of the attached appropriation ordinance, funds will be available in the current
budget, as appropriated, of the Grants Capital Project State Fund, the General Capital Projects
Fund, The Special Donations Capital Projects Fund, and the General Gas Lease Capital Projects
Fund. The Park & Recreation Department shall be responsible for identifying funding sources to
cover expenses incurred in the event the grant funds are not received.
TO
FROM
Submitted for City Manager's Office by:Fernando Costa (6122)
Originating Department Head:David Creek (5704)
Additional Information Contact:Joel McElhany (5745)
Scott Penn (5750)
ATTACHMENTS
2019 - TPWD - FWNC - Location Map.pdf
2019-TPWD UORG - FWNCR - Grant Authorizing Resolution - 10232019mm.pdf
80FWNCR BOARDWALK PHII Rec 7 30100.pdf
80FWNCR BOARDWALK PHII Rec5 33005.pdf
80FWNCR BOARDWALK PHII Rec6 30105.pdf
80FWNCR BOARDWALK PHII Rec8 31002.pdf
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Page 1 of 7
Texas Parks and Wildlife Department
Recreation Grants
Uniform Assurances for Federal Subawards
UNIFORM ASSURANCES
Anti-Lobbying Sponsor certifies that no federal appropriated funds have been paid or will be
paid to any person or organization 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 on its behalf to obtain, extend, or modify this grant. If non-
federal funds are used by Sponsor to conduct such lobbying activities, Sponsor shall promptly
file the prescribed disclosure form. In accordance with 31 U.S.C. § 1352(b)(5), Sponsor
acknowledges and agrees that it is responsible for ensuring that each subcontractor certifies its
compliance with the expenditure prohibition and the declaration requirement.
Child Support Obligation Sponsor represents and warrants that it will include the following clause
in the award documents for every subcontract and will require contractors to certify accordingly:
“Under Section 231.006 of the Family Code, the vendor or applicant certifies that the individual or
business entity named in this contract, bid or application is not ineligible to receive the specified
payment and acknowledges that this contract may be terminated and payment may be withheld if
this certification is inaccurate. A bid or an application for a contract paid from state funds must
include the name and social security number of the individual or sole proprietor and each partner,
shareholder, or owner with an ownership interest of at least 25 percent of the business entity
submitting the bid or application.”
Clean Air Act and Federal Water Pollution Control Act Sponsor represents and warrants that it
will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act
(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387).
Compliance with Laws, Rules, and Requirements Sponsor represents and warrants that it will
comply and assure the compliance of all its contractors, with all applicable federal and state laws,
rules, regulations, and policies in effect or hereafter established. In addition, Sponsor represents
and warrants that it will comply with all requirements imposed by the awarding agency concerning
special requirements of law, program requirements, and other administrative requirements. In
instances where multiple requirements apply to Sponsor, the more restrictive requirement applies.
Cybersecurity Training Program Sponsor represents and warrants its compliance with Section
2054.5191 of the Texas Government Code relating to the cybersecurity training program for local
government employees who have access to a local government computer system or database. If
Sponsor has access to any state computer system or database, Sponsor shall complete
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03/13/2020
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Cybersecurity training and verify completion of the training program to the Department pursuant to
and in accordance with Section 2054.5192 of the Government Code.
Debarment and Suspension Sponsor certifies that it and its principals are not suspended or
debarred from doing business with the state or federal government as listed on the State of Texas
Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for
Award Management (SAM) maintained by the General Services Administration.
Disclosure of Violations of Federal Criminal Law Sponsor represents and warrants its
compliance with 2 CFR § 200.113 which requires the disclosure in writing of violations of federal
criminal law involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or
administrative proceedings to SAM.
Disclosure Protections for Certain Charitable Organizations, Charitable Trusts and Private
Foundations Sponsor represents and warrants that it will comply with Section 2252.906 of the
Texas Government Code relating to disclosure protections for certain charitable organizations,
charitable trusts, and private foundations.
Dispute Resolution The dispute resolution process provided in Chapter 2009 of the Texas
Government Code is available to the parties to resolve any dispute arising under the agreement.
Equal Employment Opportunity The Sponsor hereby agrees that it will incorporate or cause
to be incorporated into any contract for construction work, or modification thereof, as defined in
the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
the following equal opportunity clause:
During the performance of this contract, the Sponsor agrees as follows:
(1) The Sponsor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
Sponsor will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Sponsor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
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(2) The Sponsor will, in all solicitations or advertisements for employees placed by or on behalf
of the Sponsor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The Sponsor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with
the Sponsor's legal duty to furnish information.
(4) The Sponsor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Sponsor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(5) The Sponsor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Sponsor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the Sponsor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Sponsor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The Sponsor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Sponsor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the contractor may request the United States to enter into such litigation to protect the interests
of the United States.
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03/13/2020
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The Sponsor further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work: Provided, That if the Sponsor so participating is a State or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
The Sponsor agrees that it will assist and cooperate actively with the administering agency and
the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it will furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The Sponsor further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally
assisted construction contracts pursuant to the Executive Order and will carry out such sanctions
and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order. In addition, the Sponsor agrees that if it fails or refuses to
comply with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance,
guarantee); refrain from extending any further assistance to the Sponsor under the program with
respect to which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
Excluded Parties Sponsor certifies that it is not listed in the prohibited vendors list authorized by
Executive Order No. 13224, "Blocking Property and Prohibiting Transactions with Persons Who
Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of
the Treasury, Office of Foreign Assets Control.
Executive Head of a State Agency Affirmation Under Section 669.003 of the Texas Government
Code, Sponsor certifies that it does not employ, or has disclosed its employment of, any former
executive head of the Agency. Sponsor must provide the following information in the Response.
Name of Former Executive: _____________________
Name of State Agency: _________________________
Date of Separation from State agency: _____________
Position with Sponsor: ______________________
Date of Employment with Sponsor: ____________
N/A
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Funding Limitation Sponsor agrees that nothing in this Grant Agreement will be interpreted to
create an obligation or liability of the Department in excess of the funds delineated in this Grant
Agreement. Sponsor agrees that funding for this Grant Agreement is subject to the actual receipt
by the Department of grant funds appropriated to the Department. Sponsor agrees that the grant
funds, if any, received from the Department may be limited by the term of each state biennium and
by specific appropriation authority to and the spending authority of the Department for the purpose
of this Grant Agreement. Sponsor agrees that notwithstanding any other provision of this Grant
Agreement, if the Department is not appropriated the funds or if the Department does not receive
the appropriated funds for this grant program, or if the funds appropriated to the Department for this
grant program are required to be reallocated to fund other federal or state programs or purposes,
the Department is not liable to pay the Sponsor any remaining balance on this grant.
Indemnification Sponsor SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE
OF TEXAS AND DEPARTMENT, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND
ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS,
ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR
OMISSIONS OF Sponsor OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER
FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR
PERFORMANCE OF THE CONTRACT and any Purchase orders issued under THE CONTRACT.
THE DEFENSE SHALL BE COORDINATED BY Sponsor WITH THE OFFICE OF THE TEXAS
ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY
LAWSUIT AND Sponsor MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST
OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY
GENERAL. Sponsor AND DEPARTMENT AGREE TO FURNISH TIMELY WRITTEN NOTICE TO
EACH OTHER OF ANY SUCH CLAIM.
Legal Authority Sponsor represents that it possesses legal authority to apply for the grant. A
resolution, motion or similar action has been duly adopted or passed as an official act of the
Sponsor’s governing body, authorizing the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person identified as the official
representative, or the designee of Sponsor to act in connection with the application and to provide
such additional information as may be required.
Lobbying Expenditure Restriction Sponsor represents and warrants that Department’s payments
to Sponsor and Sponsor’s receipt of appropriated or other funds under the grant are not prohibited
by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying
expenditures.
Conflicts of Interest Sponsor represents and warrants its compliance with the Federal awarding
agency’s conflict of interest policies in accordance 2 CFR § 200.112. Sponsor represents and
warrants that performance under the Grant Agreement will not constitute an actual or potential
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03/13/2020
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conflict of interest or reasonably create an appearance of impropriety. Further, Sponsor represents
and warrants that in the administration of the grant, it will comply with all conflict of interest
prohibitions and disclosure requirements required by applicable law, rules, and policies, including
Chapter 176 of the Texas Local Government Code. If circumstances change during the course of
the grant, Sponsor shall promptly notify Department.
No Waiver of Sovereign Immunity The Parties expressly agree that no provision of the Grant
Agreement is in any way intended to constitute a waiver by the Department or the State of Texas
of any immunities from suit or from liability that the Department or the State of Texas may have by
operation of law.
Open Meetings If the Sponsor is a governmental entity, Sponsor represents and warrants its
compliance with Chapter 551 of the Texas Government Code which requires all regular, special or
called meeting of a governmental body to be open to the public, except as otherwise provided by
law.
Texas Public Information Act Sponsor understands that Department will comply with the Texas
Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial
rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and
other material in connection with this Grant Agreement or any resulting contract or grant may be
subject to public disclosure pursuant to the Texas Public Information Act. In accordance with
Section 2252.907 of the Texas Government Code, Sponsor is required to make any information
created or exchanged with the State pursuant to the contract, and not otherwise excepted from
disclosure under the Texas Public Information Act, available in a format that is accessible by the
public at no additional charge to the State.
Reporting Compliance Sponsor represents and warrants that it will submit timely, complete, and
accurate reports in accordance with the grant and maintain appropriate backup documentation to
support the reports.
Records Retention Sponsor represents and warrants its compliance with the records retention
requirements of 2 CFR § 200.333. Department reserves the right to direct a Sponsor to retain
documents for a longer period of time or transfer certain records to Department custody when it is
determined the records possess longer term retention value. Sponsor must include the substance
of this clause in all subcontracts.
Reporting Suspected Fraud and Unlawful Conduct Sponsor represents and warrants that it will
comply with Section 321.022 of the Texas Government Code which requires that suspected fraud
and unlawful conduct be reported to the State Auditor’s Office.
Uniform Assurances for Federal Subawards
03/13/2020
Page 7 of 7
State Auditor’s Right to Audit The state auditor may conduct an audit or investigation of any entity
receiving funds from the state directly under the contract or indirectly through a subcontract under
the contract. The acceptance of funds directly under the contract or indirectly through a subcontract
under the contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
Under the direction of the legislative audit committee, an entity that is the subject of an audit or
investigation by the state auditor must provide the state auditor with access to any information the
state auditor considers relevant to the investigation or audit.
ASSURANCES - CONSTRUCTION PROGRAMS OMB Number: 4040-0009
Expiration Date: 02/28/2022
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant:, I certify that the applicant:
1.Has the legal authority to apply for Federal assistance,
and the institutional, managerial and financial capability
(including funds sufficient to pay the non-Federal share
of project costs) to ensure proper planning,
management and completion of project described in
this application.
2.Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
the right to examine all records, books, papers, or
documents related to the assistance; and will establish
a proper accounting system in accordance with
generally accepted accounting standards or agency
directives.
3.Will not dispose of, modify the use of, or change the
terms of the real property title or other interest in the
site and facilities without permission and instructions
from the awarding agency. Will record the Federal
awarding agency directives and will include a covenant
in the title of real property acquired in whole or in part
with Federal assistance funds to assure non-
discrimination during the useful life of the project.
4.Will comply with the requirements of the assistance
awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
5.Will provide and maintain competent and adequate
engineering supervision at the construction site to
ensure that the complete work conforms with the
approved plans and specifications and will furnish
progressive reports and such other information as may be
required by the assistance awarding agency or State.
6.Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding agency.
7.Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
8.Will comply with the Intergovernmental Personnel Act
of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards of merit systems for programs funded
under one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
9.Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
10.Will comply with all Federal statutes relating to non-
discrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681
1683, and 1685-1686), which prohibits discrimination
on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29) U.S.C.
§794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
amended relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statue(s)
under which application for Federal assistance is being
made; and (j) the requirements of any other
nondiscrimination statue(s) which may apply to the
application.
Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97)
Prescribed by OMB Circular A-102
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
View Burden Statement
11.Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970 (P.L. 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is
acquired as a result of Federal and federally-assisted
programs. These requirements apply to all interests in real
property acquired for project purposes regardless of
Federal participation in purchases.
12.Will comply with the provisions of the Hatch Act (5 U.S.C.
§§1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
13.Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333) regarding labor standards for federally-assisted
construction subagreements.
14.Will comply with flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973
(P.L. 93-234) which requires recipients in a special flood
hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction
and acquisition is $10,000 or more.
15.Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-
190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance
with EO 11988; (e) assurance of project consistency
with the approved State management program
developed under the Coastal Zone Management Act of
1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) implementation
Plans under Section 176(c) of the Clean Air Act of
1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of
endangered species under the Endangered Species
Act of 1973, as amended (P.L. 93-205).
16.Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
17.Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq).
18.Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations."
19.Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
20.Will comply with the requirements of Section 106(g) of
the Trafficking Victims Protection Act (TVPA) of 2000, as
amended (22 U.S.C. 7104) which prohibits grant award
recipients or a sub-recipient from (1) Engaging in severe
forms of trafficking in persons during the period of time
that the award is in effect (2) Procuring a commercial
sex act during the period of time that the award is in
effect or (3) Using forced labor in the performance of the
award or subawards under the award.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED
SF-424D (Rev. 7-97) Back
Assistant City Manager
City of Fort Worth
Valerie Washington (Jan 20, 2022 23:50 CST)
Jan 20, 2022
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(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 of Lobbying Activities,'' in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose 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.
If any 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 commitment providing for the United States to insure or
guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying
Activities,'' in accordance with its instructions. Submission of this statement 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 statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
* APPLICANT'S ORGANIZATION
* SIGNATURE: * DATE:
* PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Suffix:
Middle Name:
* Title:
* First Name:
* Last Name:
Prefix:
CERTIFICATION REGARDING LOBBYING
(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, an 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.
The undersigned certifies, to the best of his or her knowledge and belief, that:
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
City of Fort Worth
Valerie
Assistant City Manager
Washington
Valerie Washington (Jan 20, 2022 23:50 CST)
Jan 20, 2022
INSTRUCTIONS FOR
APPROVED PROJECTS
Recreation Grant Programs
Revised April 2019
PWD BK P4000-1146
TABLE OF CONTENTS
SECTION 1 – INTRODUCTION ................................................................................ 1
Letter from the Director ............................................................................... 2
Grant Process Flow Chart .......................................................................... 3
Branch Directory ......................................................................................... 4
SECTION 2 – QUARTERLY STATUS REPORTS .................................................. 5
Quarterly Status Reports ............................................................................ 6
SECTION 3 – LAND ACQUISITION PROCESS ..................................................... 7
Acquisition Flow Chart ................................................................................ 8
Acquisition Methods .................................................................................... 9
Appraisal required .................................................................................... 11
SECTION 4 – DESIGN/DEVELOPMENT PROCESS ........................................... 17
Design Construction Flow Chart ............................................................... 18
Design Development Instructions ............................................................. 19
Acknowledgment Signs ............................................................................ 24
Natural Area/Open Space/Wetland Resolution ......................................... 27
SECTION 5 – REIMBURSEMENT PROCESS ..................................................... 31
Reimbursement Flow Chart ...................................................................... 32
Grant Reimbursement Procedures ........................................................... 33
Construction Methods ............................................................................... 39
Land Acquisition Reimbursement Checklist .............................................. 41
Reimbursement Request Checklist ........................................................... 42
Project Close Out Checklist ...................................................................... 43
Reimbursement Forms ............................................................................. 44
I.Weekly Work Record for Employees ...................................... 45
II.Weekly Work Record for Volunteers ......................................... 46
III.Equipment Listing ................................................................... 47
IV.Certification for Donated Labor or Service .............................. 49
V.Certification for Reimbursement Request ............................... 50
VI.Sample Spreadsheet for Budget Summary ............................. 51
VII.Sample Budget Summary ....................................................... 52
VIII.Direct Deposit Authorization 53
SECTION 6 – AFTER GRANTS PROJECTS ARE COMPLETE ........................... 54
Retention, Operation and Maintenance Responsibilities ........................... 55
1
Section 1
INTRODUCTION
2
Dear Sponsor:
Congratulations! We are pleased that you have been awarded a grant under
the Recreation Grants Program.
These instructions are designed to provide step-by-step directions for project
administration until completion. We have provided several flow charts and a
number of checklists I hope you will find helpful. We suggest you provide a
complete copy of this set of instructions to the person who will be responsible
on a daily basis for coordinating the grant for you.
We are excited to offer our new online grants management system. This is
where you will be able to manage your project and upload required information.
The system can be located at: https://tpwd-recgrants.fluidreview.com.
Also included is a directory of the Recreation Grants Branch Staff. We suggest
that you schedule an individual pre-construction procedural meeting in order to
discuss program acquisition, development, and reimbursement guidelines. Please
schedule with the appropriate staff member or call us at 512/389-8224.
We look forward to the successful completion of the project and hope our
partnership will be productive.
Sincerely,
Dana Lagarde
Director
Recreation Grants Branch
GRANT PROCESS FLOW CHART
No
3
Prepare &
Submit
Plans &
Specs
Recreation
Grants
Review Plans
and Specs
Recreation
Grants
Acceptance &
Authorization
to Proceed
Is
Force
Account?
Periodic
Construction Complete
Requests.
Site visits
(if needed)
Request
Final
Inspection
by
Recreation
Grants
Processes Final
Reimbursement
Grants
Conducts
Final
Inspection
Clarify
Any
Grants
Award
Periodic
Post-
Completion
Inspections
For Bids Bids
Submit
Bids &
Contract to
Construction
Grants
Quarterly Status
Reports due to
Recreation Grants
On 15th of
JAN, APR, JUL, & OCT
Prepare &
Submit
Appraisal
Recreation
Grants
Reviews
Appraisal
Recreation
Grants
Approval &
Authorization
to Acquire
Acquisition
of
Property
Submit Proof
Of Ownership
and
Reimbursement
Request
Yes
TPW
Recreation
Grants
Notifies
Sponsor of
Approval
Sponsor
Receives &
Executes
Project
Action
Sponsor
Submits Any
Supplemental
Documentation
to
Recreation
Grants
Does Project
Include
Acquisition?
4
Recreation Grants Branch Directory
Mailing Address:
Texas Parks & Wildlife
Recreation Grants Branch
4200 Smith School Road
Austin, Texas 78744
Office Location:
Texas Parks & Wildlife
Recreation Grants Branch
1340 Airport Commerce Drive
Building 6, Suite 600A
Austin, Texas 78741
Website: http://www.tpwd.state.tx.us/business/grants/
Online Grants Management System: https://tpwd-recgrants.fluidreview.com
Email: Rec.Grants@tpwd.state.tx.us
Telephone: (512) 389-8224
Fax: (512) 389-8242
TPWD Main Numbers: 1-800-792-1112 or (512) 389-4800
Dana Lagarde, Director ......................................................................... 389-8224
Local Park Grants Section Manager..................……………….389-4656
Fiscal Section Manager...................................................................... 389-8714
Community Outdoor Outreach Program Manager ......................... 389-8254
Non-TRPA Grants (Boating, Trail, & Pump-out) Manager ............. 389-8743
Office Manager.................................................................................... 389-8775
5
Section 2
QUARTERLY STATUS REPORTS
6
Quarterly Status Reports
Quarterly status reports must be completed to the online grants management system at:
https://tpwd-recgrants.fluidreview.com and should be provided on or before the 15th of January,
April, July and October. Please discuss your progress with appraisal and land transfer
negotiations, construction of project elements, reimbursement requests, any problems incurred,
requested changes to the contract, and the feasibility of meeting compliance deadlines and
project expiration date. You may upload photos showing the project progress to the quarterly
status reports.
7
Section 3
LAND ACQUISITION PROCESS
8
LAND ACQUISITION FLOW CHART
Submit Proof of Ownership
(Recorded Deed) and
Reimbursement Request
if applicable
Acquire Property
Prepare Appraisal
Submit Appraisal Report(s)
on the Online Grants
Management System
Recreation Grants
Request for
Additional Information
Recreation Grants/
Independent Review
Submit Additional
Information
Recreation Grants Approval
and Authorization to
Acquire
9
ACQUISITION METHODS
1.Methods of Acquisition. Acquisition of land and water, or interests therein, may be
accomplished through purchase, eminent domain, transfer, donation, sponsor owned non
dedicated park land used as match. The Department encourages public policies and
procedures for the acquisition of real property that are fair and consistent, and directed toward
giving the property owner the full measure of compensation authorized by law, promptly, with a
minimum of inconvenience, and without prolonged negotiation or costly litigation.
Real property should be appraised before the initiation of negotiations. Program assistance will
be based on the current fair market value of real property as established by an independent
appraisal reviewed and approved by the Department. Property owners shall be afforded an
opportunity to accompany the appraiser during the inspection of the property.
If a partial taking would leave the owner with an uneconomic remnant, the sponsor shall offer to
acquire the entire property.
In determining the boundaries of a project, the sponsor should take into account human
considerations, including the economic and social effects of the acquisition and subsequent
development on owners and tenants in the adjacent area, in addition to engineering and other
factors.
A.Acquisition by Donation. One appraisal report is required for all projects involving the donation
of real property or interests therein for determination of matching share.
B.Acquisition by Purchase. The sponsor should contact the landowner to determine availability of
the property. An appraisal should be prepared according to the Appraisal guidelines and
submitted to the Department for review/approval.
C.Sponsor Owned Land Used as Match. An appraisal report is required to establish the level of
program assistance, when sponsor owned, non-dedicated parkland is used as the local match.
D.Eminent Domain/Condemnation. When lands are acquired through judicial proceedings, the
price determined by the court will be accepted by the Department. The Department, however,
will not be obligated to match an amount higher than the approved support ceiling of the project.
Every reasonable effort should be made to acquire real property by means other than eminent
domain or condemnation. Condemnation should not be advanced or delayed in order to induce
an agreement on price. If an agreement does not appear possible after a reasonable period of
negotiation, the project sponsor may, if authorized by law, institute condemnation proceedings.
2.Basis for Assistance. Generally, the market value standard will be used as the basic measure of
program assistance on acquisitions. Program assistance shall be based upon evidence of this
value. When determined by the Department to be capital costs and when other pertinent conditions
are met, any degree of long term interest in real property can be considered for matching aid,
whether purchased by or donated to the project sponsor. Properly documented costs of severance
damage may be matched. Severance damage is the diminution in value of the remaining land due
to the land taken and is considered to be an inherent part of just compensation. The only incidental
costs of acquisition which may be matched are appraisal and boundary survey costs for non-Land
& Water Conservation Fund Projects.
3.Department Action on Acquisition Documents. The Department will review appraisal reports for
adequacy and consistency. Other documents may also be checked to determine whether they
adequately serve the purposes intended for them. Additional information, including a new appraisal,
may be required when circumstances so warrant.
10
4.Waiver of Requirements. The Department may waive any of its documentation or payment
requirements upon request or upon its own initiative, when in the opinion of the Department a
requirement is not necessitated by law and does not reduce any protections provided by the Grants
Manual. When such a waiver is given, the Department reserves the right to establish suitable and
reasonable conditions under which the waiver may be operative.
Additional Administrative Requirements
1.Statement on Differences in Value. An appraisal, if competently compiled by a qualified person,
should be an acceptable estimate of property value; it cannot be assumed, however, to be an absolute
statement of value. The approved appraisal value is a basis for helping establish the level of grant
support.
2.Reservations and Outstanding Rights. To stretch the dollars spent, the project sponsor might wish
to purchase less than fee simple title. This would be permissible when fee simple title is excessively
expensive, and a lesser control of the area will not detract from the recreation use of the land and not
have significant impact on the environment.
3.The Department will not obtain a legal right or title to any area or facility acquired with Texas
Parks and Wildlife assistance.
4.Evidence of Title. The Department must have on file satisfactory evidence of the purchase price and
a description of the character and nature of the title received by the sponsor before the Department
reimburses grant funds. Evidence of title, such as the executed and recorded deed, title insurance, or
other means considered reasonable and adequate, must also be available to the Department before
requesting reimbursement.
A survey may be required by the Department when there is reasonable doubt about the exact location
of the boundary or of the size of the tract being acquired.
5.Responsibility for Quieting Title or for Replacement of Properties Acquired with Defective Title.
The sponsor is responsible for quieting claims against title and for replacing property found to have
defective title with other properties of equivalent value, usefulness, and location acceptable to the
Department.
6.Acquisition of Interest in Real Property. The acquisition of easements, rights-of-way, etc., will be
viewed in the same light as full takings. Documentation of value by appraisal will be the same. The
project proposal should adequately explain why lesser interests are to be acquired.
7.Acquisitions Involving Relocations. The Department will not assist with relocation costs for persons
displaced by grant-assisted property acquisition. It is the sole responsibility of the grant sponsor to
bear these relocation costs. It is also the responsibility of the sponsor to follow the federal Uniform
Relocation Assistance and Real Property Acquisition Policies Act related to benefits and payments for
displaced persons.
11
APPRAISAL
NOTE: In order to ensure the appraisal report contains the content required, the grant
sponsor needs to provide the appraiser with a copy of these Appraisal
guidelines.
1.Type of Appraisal. The sponsor shall secure an appraisal of the appropriate type by a
State of Texas Certified General Real Estate Appraiser for all real property to be taken.
All work by the appraiser must conform to the current version of Uniform Standards of
Professional Appraisal Practice (USPAP) and to the standards set forth below in “A.” or “B.”
The appraisal will be submitted to the Department for review unless otherwise noted or
requested. The value established by the appraisal report should not be older than one year
from the date of its submittal to the Department for review.
The type of appraisal required depends on the source of grant funding. When Federal
Funds are involved, the standards under “A.” apply. If only State Funds are involved,
then the appraisal standards under “B.” below apply.
A.Appraisal Standards – Federal Funds. When Federal Funds are involved,
standards for appraisals shall be those set forth in the current versions of USPAP
and Uniform Appraisal Standards for Federal Land Acquisition (“Yellow Book”) which
can be found on the U. S. Department of Justice’s internet website:
http://www.usdoj.gov/enrd/land-ack/. Strict compliance with Yellow Book standards is
required.
Sponsors should be aware that the Yellow Book requires an appraisal which is more
elaborate and more detailed than the typical appraisal assignment. Appraisal reports
which are described as “summary” typically do not meet Yellow Book standards. Also,
sponsors should bear in mind that most appraisers have never performed a Yellow Book
appraisal. Due to the complexity of the requirements, most appraisers without Yellow
Book experience have difficulty complying with them. If sponsors decide it is
necessary to hire an appraiser without previous Yellow Book experience, they
should ensure that the appraiser has obtained a copy of the Yellow Book and
examined it before submitting a fee proposal. Appraisal costs are not
reimbursable for Land and Water Conservation Fund projects.
B.Appraisal Standards – State Funds. When State Funds are involved, the formality and
detail of required documentation will be determined by USPAP and, as described below,
by the value of the real property involved in each instance. Depending on value, the
Department will require detailed appraisal reports, abbreviated appraisal reports, or
written findings of value. A detailed appraisal is required for all projects involving the
donation of real property or interests therein.
(1)Detailed Appraisal Report.If an acquisition will cost more than $25,000 the
project sponsor will apply the following appraisal requirements.
The report on any individual property may vary depending upon the type of property
under appraisal. Additional data may be required in the case of highly specialized
properties. Items may be deleted as in the case of land valuation only. Generally,
however, all items must be considered by the appraiser and included in the report
unless otherwise requested and agreed to by the Department, and omissions must be
explained by narrative.
12
The Appraisal Report should cover the following: Opportunity to Accompany. Property
owners (or a designated representative) shall be afforded an opportunity to
accompany the appraisers during the inspection of the property. The appraisal report
shall indicate whether or not the owner or representative accompanied the appraiser.
(a)Qualifications. Statement of qualifications (education, experience, professional
memberships, publications, list of clientele, State of Texas Certification number, and
date of expiration) of all appraisers and/or technicians contributing to the report.
(b)Statement of Limiting Conditions. The appraiser should provide clear concise
statements of all assumptions and conditions, including the following specifics:
(i)That the title to the property is marketable,
(ii)That the appraiser assumes no responsibility for legal matters, and
(iii)That all data furnished by others are presumed correct.
(c)Purpose of the Appraisal. This shall include a definition of all values required and
appraised, a statement of the property interest to be acquired (fee simple, surface
estate, fraction of minerals, etc.) and the date of value.
(d)Identification of Property. Legal description of the whole tract and that portion to be
acquired.
(e)City and Area Data. This data (mostly social and economic) should be kept to a
minimum and include only such information as directly affects the property being appraised.
(f)Property Data.
(i)Site. Describe accessibility, road frontage (including front feet), soil, topography,
views, vegetation, drainage (including flood plain), mineral deposits, easements,
availability of utilities, hazardous substances, etc. If there is an indication that
mineral deposits have more than a nominal commercial value, this fact shall be
clearly stated.
(ii)Easements. Describe all known easements. If land is to be acquired over which
the sponsor has limited control or use, such as land encumbered by easements,
proper adjustments must be made in the appraisal to reflect the limited control. If
no adverse easements exist, report should so state.
(iii)Improvements. This shall be by narrative description, including dimensions of
principal buildings and/or improvements. A floor plan and location of each building
is required.
(iv)Equipment. This shall be by narrative description including the condition of
equipment.
(v)Condition. The actual age, current physical condition and any functional
obsolescence shall be stated for each item or group appraised and, whenever
applicable, the repair or replacement requirements to bring the property to usable
condition.
13
(vi)Assessed Value and Annual Tax Load. Include the Central Appraisal District’s
estimated current market values for land and improvements, assessed values,
tax rate and dollar amount of real estate taxes.
(vii)Zoning. Describe the zoning for the subject.
(viii)Restrictive Covenants. Describe any restrictive covenants or other land use
regulations, for example the Endangered Species Act, affecting subject.
(g)Analysis of Highest and Best Use. The report shall state the highest and best use
that can be made of the property (land and improvements and where applicable,
machinery and equipment). The valuation shall be based on this use. In no case
shall the land be appraised for one highest and best use and the value of the
improvements added when they do not contribute to the fair market value of the land
under the highest and best use. Such special purpose appraisals are not allowable.
Also, subdivision development should not be selected as a highest and best use in
the absence of strong evidence that such use of the property would be feasible. The
evidence required includes a detailed development plan showing streets, utilities, lot
sizes and locations; market research to locate finished comparable lot sales;
estimates of the time periods required to obtain approval of the subdivision plat and
to complete construction of streets, utilities, drainage facilities, etc.; a detailed
absorption study estimating a sell-out period for all the lots; a well-supported estimate
of direct costs of development, including surveying, design, engineering, permitting,
clearing, dirt work, sewers, storm drains, water lines, other utilities, streets, curbs and
gutters; a detailed estimate of indirect costs including financing, insurance, real
estate taxes, sales commissions and advertising, accounting, legal, closing costs,
project supervision costs, developer’s overhead and profit; a strongly supported
estimate of an appropriate discount rate. The subdivision development approach
to land value should not be utilized when sufficient comparable sales are available
with which to reliably estimate land value by the sales comparison approach.
Additionally, recreation should only be selected as a highest and best use when
private sector recreation sales are used as comparable sales. If no non-public
recreation sales are available, a highest and best use other than recreation should
be selected and supported with like-type comparables.
(h)Land Value. The appraiser's opinion of the value of the land shall be based upon its
highest and best use, regardless of any existing structures and shall be supported by
confirmed recent factual data (sales, contracts and offerings) of comparable, or
nearly comparable parcels of land having the same or similar highest and best uses.
Differences shall be weighed and explained to show how they indicate the value of
the land being appraised.
(i)Value Estimate by Comparative (Market) Approach. All comparable sales used shall
be confirmed by the buyer, seller, broker, or other person having knowledge of the
price, terms and conditions of sale. Each comparable sale shall be weighed and
explained in relation to the subject property to indicate the reasoning behind the
appraiser's final value estimate from this approach.
For acquisitions, which involve properties with man-made improvements, the
following methodology must be followed by the appraiser for the valuation of such
improvements.
14
i)If the highest and best use of the property is determined to be for "recreation":
(a’) Fair market value must be justified utilizing private sector recreation properties
as comparable sales.
(b’) Improvements on the property which are for recreation (and are therefore
potentially eligible for program assistance) must be valued at their "current
depreciated value.”
(c’) Improvements on the property which cannot be utilized for recreation must
be assessed for salvage/scrap value. (Such improvements are not eligible for
grant support.)
(ii)If the highest and best use of the property is determined to be for "other than
recreation":
(a’) Improvements which are for "recreation use" must be assessed for their
salvage/scrap value. (The salvage/scrap value can be eligible for grant support).
(b’) Improvements which are for "other than recreation use" must be valued at
their depreciated value. These improvements are eligible for grant assistance
only if they are to be demolished/removed from the site, or if the improvements
are to be utilized for (or in support of) recreation activities. To be grant supported,
the improvements must either be handicapped accessible in their current state,
or they must have the ability to be modified and made accessible, pursuant to
state law requirements.
(j)Value Estimate by Cost Approach. This section shall be in the form of computational
data, arranged in sequence, beginning with reproduction or replacement cost, and shall
state the source (book, page and page date, if a national service) of all figures used.
The dollar amounts of physical deterioration and functional and economic obsolescence,
or the omission of same, shall be explained in narrative form. Developer’s profit, if any is
appropriate, shall be considered. This procedure may be omitted on improvements, both
real and personal, for which only a salvage or scrap value is estimated.
(k)Value Estimate by Income Approach.
NOTE: The Department will not reimburse the sponsor for the value of land determined
by the income approach method.
(l)Interpretation and Correlation of Estimates. The appraiser shall interpret the foregoing
estimates and shall state the reasons why one or more of the conclusions reached in
items (j) and (k) are indicative of the market value.
(m)Tabulation of History of Conveyance (property sales and transfers). Include parties to
the transactions, dates of purchase, financing and amounts of consideration for three
years prior to date of value, unless more years are specifically requested. Include, if the
information is available, any offers to buy or sell the property under appraisal.
Information to be reported shall include the appraiser’s opinion as to whether the sale
price in the more recent transactions represented market value at the time, and, if not,
the reasons for the appraiser’s conclusion. If the purchaser is a governmental entity,
discuss whether its power of condemnation affected the sale price. An unsupported
statement that the sale did not represent market value, or was not an arms-length
15
transaction, is unacceptable. Bearing in mind that a prior sale of the subject is frequently
more comparable than a sale of any other property, explain how the transactions
involving subject relate to the value conclusion stated in the report.
(n)Certification of Appraiser.
(i)He/she has personally inspected the property. Statement that the owner or
representative had the opportunity to accompany the appraiser at the time of property
inspection, and whether he/she accompanied the appraiser.
(ii)He/she has no present or contemplated interest in the property.
(iii)That in his/her opinion the market value of the taking as of
(Valuation date)
is $ .
_
(Signature)
(o)Exhibits and Addenda.
(i)Subject location Map. Include the city or area.
(ii)Comparable Map Data. Show geographic location of the appraised property and the
comparable sales analyzed.
(iii)Comparable Data Details. A listing of sale price, property type, grantor, grantee,
recording data, rights conveyed (fee simple, surface estate, fraction of minerals, etc.)
sale date, financing, confirmation (person), present use, highest and best use, zoning,
land size, shape, topography, mineral deposits, vegetation, flood information, and a
brief narrative describing physical characteristics, public utilities associated with the
land, deed restrictions, easements, and any other information deemed pertinent.
Supply a photograph and plat for each comparable property.
(iv)Plat of subject. Include a metes and bounds description and/or a survey with legible
dimensions.
(v)Floor Plans. Include when needed to explain the value estimate.
(vi)Photographs. Include photographs of site’s road frontage, vegetation, views,
topographic features, etc. Pictures shall show at least the front elevation of the major
improvements, plus any unusual features. When a large number of buildings are
involved, including duplicates, one picture may be used for each type. All graphic
material shall include captions.
(vii) Other Pertinent Exhibits. Include as deemed appropriate.
(2). Abbreviated Appraisal Report. An abbreviated appraisal report, compiled by a qualified
appraiser and adequately related to comparable sales, is acceptable for a parcel with a value
estimate between $1,000 and up to and including $25,000. The abbreviated report should
include:
(1)A brief description of the subject property to include physical characteristics, present use,
zoning, public utilities associated with the land, deed restrictions, easements and any other
pertinent information.
N/A
16
(2)A legal description of the real property to be acquired and a plat.
(3)State the property interest to be acquired (fee simple, surface estate, fraction of minerals).
(4)Assessed Value and Annual Tax Load. Include the Central Appraisal District’s estimated
current market values for land and improvements, assessed values, tax rate and dollar
amount of real estate taxes.
(5)Tabulation of History of Conveyance (property sales and transfers). Include parties to the
transactions, dates of purchase, financing and amounts of consideration for three years prior
to date of value, unless more years are specifically requested. Include, if the information is
available, any offers to buy or sell the property under appraisal. Information to be reported
shall include the appraiser’s opinion as to whether the sale price in the more recent
transactions represented market value at the time, and, if not, the reasons for the appraiser’s
conclusion. If the purchaser is a governmental entity, discuss whether its power of
condemnation affected the sale price. An unsupported statement that the sale did not
represent market value, or was not an arms-length transaction, is unacceptable. Bearing in
mind that a prior sale of the subject is frequently more comparable than a sale of any other
property, explain how the transactions involving subject relate to the value conclusion stated
in the report.
(6)An analysis and statement of the property's highest and best use.
(7)Supporting data, including two or three comparable real property sales, a brief analysis of
those sales, and a map showing their locations relative to the land to be acquired.
(8)The appraiser's certification and signature. See Item 5.B. (1) (o) Certification of Appraiser.
(9)The date the value estimate applies.
(10)Statement of qualifications (education, experience, professional memberships, publications,
list of clientele, State of Texas Certification number, and date of expiration) of all appraisers
and/or technicians contributing to the report.
(11)Location Map. Include the city or area.
(12)Boundary Map (Plat). Include a metes and bounds description or survey with legible
dimensions.
(3). Finding of Value. Where a parcel has a value of $1,000 or less and the expense of an
appraisal would be disproportionate to its benefit, a written finding of value by a qualified
appraiser will be acceptable for approval. This finding of value can be based on the individual's
knowledge of land values, but should include a statement of the appraiser's experience and
qualifications, including a short description of the factors considered and the means by which a
conclusion was reached. These statements should be sufficiently detailed so as to enable the
Department to judge their respective merits.
17
Section 4
DESIGN/DEVELOPMENT PROCESS
DESIGN/DEVELOPMENT FLOW CHART
18
Force Account
Prepare
Plans & Specs
Register Project
with TDLR
Award
For Bids Bids
Submit Bids
and Contract
to
Recreation
Grants
Recreation
Grants Review
of
Plans & Specs
Complete
Is
Recreation
Grants
Acceptance and
Authorization
to Proceed
by Contract
or
Force
19
DESIGN/DEVELOPMENT INSTRUCTIONS
This section contains instructions for projects which will develop recreation facilities. Included are the
elements required for submission of plans and specifications, requirements for handicapped
accessibility, and instructions for the required program recognition signs.
PLANS AND SPECIFICATIONS
The Recreation Grants Staff reviews all plans and specifications. Plans and specifications must be
uploaded on our Online Grants Management System at: https://tpwd-recgrants.fluidreview.com.
Plans and specifications will not be considered for review unless they bear the registration seal and
signature of the designer, who is reminded that ethically his seal should appear only on documents for
which he is personally responsible for and technically proficient. All plans and specifications must be
accepted by the Department prior to awarding of the construction contract, or if by Force, the construction
of the elements.
Permits or letters of approval from other applicable state agencies must accompany upload, if not
furnished previously. (Examples: Texas Historical Commission for archaeological clearance, Army
Corps of Engineers evaluation & permit, U.S. Fish & Wildlife survey & permit.)
Bid proposals must identify costs of any portion of the work not supported by Fund assistance. These
costs must be easily separated for audit purposes.
Plans and specifications are not required on items such as playground equipment, picnic tables, and
benches to be purchased; however, the manufacturer’s name and model number must be furnished.
Plans and specifications for the installation must also be uploaded.
TYPES OF REVIEW ACTION
The sponsor will be informed of the result of the Department review:
1.Accepted as submitted/notice to proceed;
2.Conditional Acceptance/notice to proceed with exceptions;
3.Accepted certain portions as submitted or noted/notice to proceed with exceptions; or
4.Not accepted pending resubmittal.
29
PLANS REVIEW TIMING
A minimum of thirty (30) days should be allowed for review. Consultation or applicant conferences with
review personnel regarding the plans will be by appointment.
DEPARTMENT PLANS REVIEW LIMITS
The Department staff is a reviewing body only, and may not act as designers nor furnish detailed
estimates.
ACCESSIBILITY REQUIREMENTS
Projects are required to comply with the Texas Accessibility Standards (TAS) established by the Texas
Department of Licensing and Regulation (TDLR) under the Elimination of Architectural Barriers Act,
Texas Government Code, Chapter 469 and Texas Occupations Code, Chapter 51. Contact TDLR at:
http://www.license.state.tx.us/ab/abtas.htm
Elimination of Architectural Barriers Program
Texas Department of Licensing & Regulation
P.O. Box 12157
Austin, TX 78711
1-877-278-0999
21
CIVIL RIGHTS REQUIREMENTS
The contractor is required to comply with regulations issued pursuant to the Civil Rights Act of 1964
with respect to nondiscrimination in assisted programs of the Department.
The following provisions, known as the EQUAL OPPORTUNITY CLAUSE are to be incorporated
verbatim in each contract and must be included in the plans and specifications submitted for TPWD
review.
“During the performance of this contract, the contractor agrees as follows:
1.The contractor will not discriminate against any employee or applicant for employment because of
race, religion, creed, color, sex, or national origin. The contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, religion, creed, color, or national origin. Such action shall include but not be
limited to employment, upgrading, demotion or transfer, recruitment or retirement, advertising, layoff
or termination, rates of pay or other forms of compensation, and selection training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
2.The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without
regard to race, religion, creed, color, sex, or national origin.
3.The contractor will send to each labor union or representative of workers with whom he has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the
agency contracting officer, advising the labor union or workers’ representative of the contractor’s
commitments under Section 202 of Executive Order Number 11246, as amended in 3 CFR 169
(1974), and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
4.The contractor will comply with all provisions of Executive Order Number 11246, as amended, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
5.The contractor will furnish all information and reports required by Executive Order 11246, as
amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
6.In the event of the contractor’s non-compliance with the non-discrimination clauses of this contract
or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order Number 11246, as
amended or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by
law.
22
7.The contractor will include the provisions of Paragraphs 1 and 7 in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order Number 11246, as amended, so that such provisions will be binding
upon each subcontractor or purchase order, as the contracting agency may direct as a means of
enforcing such provisions, including sanctions for non-compliance; provided however, that in the
event the contractor becomes involved in or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the contractor may request the
United States to enter into such litigation to protect the interest of the United States.”
CONTRACT AND BOND REQUIREMENTS
Contracts awarded under the grant are required to follow Texas competitive bidding procedures in
accordance with Local Government Code Chapters 252, 262, and 375. Construction Manager-Agent
Method requirements are covered in Government Code Chapter 2269.
Standard construction practices recommend a bid guarantee from each bidder equivalent to five
percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond,
certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will
upon acceptance of his bid, execute such contractual documents as may be required within the time
specified.
Pursuant to the Texas Uniform Grant and Contract Management Act, the following minimum
requirements apply to all contracts exceeding $50,000 in total value:
1.A Performance Bond on the part of the contractor for 100 percent (%) of the contract price. A
Performance Bond is one executed in connection with a contract to secure fulfillment of all the
contractor’s obligations under such a contract.
2.A Payment Bond on the part of the contractor for 100 percent (%) of the contract price. A payment
Bond is one executed in connection with a contract to assure payment as required by law of all
persons supplying labor and materials in the execution of the work provided for in the contract.
3.In lieu of the bond requirements for contracts less than $50,000 a provision that no money will be
paid to the contractor until completion and acceptance may be included in the contract.
The sponsor shall include, in addition to provisions to define a sound and complete contract agreement,
the following provision in all contracts:
1.Contracts shall contain such contractual provisions or conditions which will allow for administrative,
contractual, or legal remedies where contractors violate or breach contract terms, and provide for
such sanctions and penalties as may be appropriate.
2.All contracts, amounts for which are more than $10,000 shall contain suitable provisions for
termination by the sponsor including the manner by which it will be affected and the basis for
settlement. In addition, such contracts shall describe conditions under which the contract may be
terminated or default as well as conditions where the contract may be terminated because of
circumstances beyond the control of the contractor.
WAGES
Contractors are required to comply with the Texas prevailing wages requirements established in
Government Code Ch. 2258.
23
WORKERS’ COMPENSATION
The sponsor shall comply with the Reporting Requirements for Building or Construction Projects for
Governmental Entities of 28 TAC 110.110.
Additional information regarding these requirements may be obtained from:
Texas Department of Insurance
Division of Workers’ Compensation (DWC)
7551 Metro Center Drive, Suite 100
Austin, TX 78744-1609
512/804-4000
http://www.tdi.state.tx.us/wc/indexwc.html
PERMITS
The sponsor shall insure that all applicable permits or approvals have been obtained prior to
construction. A copy of these approvals or permits shall be provided to the Department. Examples
include, but are not limited to:
1.Comptroller of Public Accounts for tax permits
2.Corps of Engineers Permit for construction in water of the United States
3.Texas Department of Health approval of new water or sewage systems
4.Texas Commission on Environmental Quality for storm water and air permitting
Native Planting Requirement
To encourage the use of native plants, grant funds will not be allowed toward the purchase and plantings
of any non-native or invasive plant species. An exception to native plantings is made in circumstances
such as in the grass turf that can be contained in the baseball field, though thought here should also be
given to native alternatives. Additional information regarding native plants can be found at
http://tpid.tpwd.state.tx.us/ as well as at http://www.wildflower.org/plants/ a native planting list if
applicable is required to be submitted through the online grants management system at:
https://tpwd-recgrants.fluidreview.com.
24
The
Public Recreation Site
Funding assistance from a portion of the state sales tax on sporting goods
Through the LOCAL PARK GRANT PROGRAM
Administered by Texas Parks & Wildlife Department
FUNDING
ACKNOWLEDGEMENT SIGNS
On-site program acknowledgement signs are required for all approved acquisition and construction projects.
Signage requirements include a temporary sign which should be displayed throughout the activity stages of
a project (once land acquisitions are complete – if applicable), and a permanent sign or plaque which must
be installed and maintained at the site.
Costs for program acknowledgement signs are reimbursable for approved projects if included in the “Budget
Summary.”
Examples of both temporary and permanent acknowledgement signs for state funded projects are shown
below. Information shown on the examples is the minimum information required.
TEMPORARY SIGN (Minimum Size – 4’ x 8’)
(City/County/District) of
(Acquisition/Development)
State of Texas 50% $ 500,000
(City/County/District) 50% $ 500,000
Total Project $ 1,000,000
PERMANENT SIGN OR PLAQUE (Minimum Size – 18” x 24”)
Use these samples only for projects supported with Local Park Grant Program funds.
A TEXAS LOCAL PARK GRANT PROJECT
Funded in part from a portion of the state sales tax on sporting goods
Administered by Recreation Grants Branch
25
The
Public Recreation Site Project
With Funding Assistance through
LAND AND WATER CONSERVATION FUND
U.S. Department of the Interior, National Park Service
Administered by the Texas Parks & Wildlife Department
FUNDING
LAND AND WATER CONSERVATION FUND
PROJECT ACKNOWLEDGEMENT SIGNS
On-site program acknowledgement signs are required for all approved acquisition and construction
projects. Signage requirements include a temporary sign which should be displayed throughout the
activity stages of a project (once land acquisitions are complete – if applicable), and a permanent sign
or plaque which must be installed and maintained at the site.
Costs for program acknowledgement signs are reimbursable for approved projects if included in the
“Budget Summary.”
Examples of both temporary and permanent acknowledgement signs for federally funded projects are
shown below. Information shown on the examples is the minimum information required.
TEMPORARY SIGN (Minimum Size – 4’ x 8’)
(City/County/District) of
(Acquisition/Development)
Land and Water Conservation Fund 50% $ 500,000
(City/County/District) 50% $ 500,000
Total Project $ 1,000,000
PERMANENT SIGN OR PLAQUE (Minimum Size – 18” x 24”)
Use LWCF wording only if notified by the Department that a project will receive federal funding.
A LAND AND WATER CONSERVATION FUND PROGRAM PROJECT
Funding Assistance through
U.S. Department of the Interior, National Park Service
Administered by Texas Parks & Wildlife Department
26
BOATING ACCESS
TEMPORARY SIGN (Minimum Size – 4’ x 8’)
PERMANENT SIGN OR PLAQUE (Minimum Size – 10” x 12”)
Project Name
A Federal Aid In Sport Fish Restoration Act Project
Funded by Federal Gasoline Taxes paid by Recreational Boaters
Sponsored By
The City/County/District of (Sponsor’s Name)
Texas Parks & Wildlife Department
U.S. Department Of Interior/Fish & Wildlife Service
THE (CITY/COUNTY/DISTRICT) OF (SPONSOR’S NAME)
A PUBLIC BOATING ACCESS SITE AIDED BY
THE FEDERAL AID IN SPORT FISH RESTORATION ACT
Funded by Federal Gasoline Taxes Paid by Recreational Boaters
ADMINISTERED BY
TEXAS PARKS AND WILDLIFE DEPARTMENT
FOR THE
U.S. DEPARTMENT OF THE INTERIOR/FISH & WILDLIFE SERVICE
FUNDING
Federal Aid 75% $300,000
(City/County/District) 25% $100,000
Total Project $400,000
27
SAMPLE RESOLUTION #1 – NATURAL AREA/OPEN SPACE/WETLAND
CERTIFICATE
THE STATE OF TEXAS
COUNTY OF XYZ
I, Jane M. Doe, being the current City Clerk of the City of XYZ, Texas, do hereby certify that the
attached is a true and correct copy of Resolution No. R01-28, passed and approved by the City Council
of the City of XYZ, Texas, on the 12th day of July, 20XX, and such Resolution was duly passed and
approved at a meeting open to the public and notices of the meeting, giving the dates, place and
subject matter thereof, were posted as prescribed by Government Code Section 551.043.
Witness my hand and seal of office this 12th day of July, 20 .
Jane M. Doe
City Clerk
28
SAMPLE RESOLUTION #2 – NATURAL AREA/OPEN SPACE/WETLAND
RESOLUTION NO. ###
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF XYZ, TEXAS, DEDICATING FIVE (5)
ACRES OF PARKLAND ALONG THE CREEK/DRAINAGE WAY IN THE XYZ COMMUNITY PARK
AS DESCRIBED IN EXHIBIT (A) ATTACHED AS NATURAL AREA/OPEN SPACE/WETLAND FOR
PERPETUITY, AS REQUIRED BY THE TEXAS PARKS AND WILDLIFE DEPARTMENT;
APPROVING THE TERMS AND CONDITIONS OF THE AGREEMENT; AUTHORIZING ITS
EXECUTION BY THE CITY MANAGER AND MAYOR; REPEALING ALL RESOLUTIONS IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the XYZ City Council desires to provide quality park facilities for the residents of XYZ;
and
WHEREAS, the City of XYZ has obtained a grant from the Texas Parks and Wildlife Department for
the development of a community park and desires to comply with all of the requirements set forth in
the grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF XYZ, TEXAS
THAT;
SECTION 1. In order to fulfill the requirements of the Texas Parks and Wildlife Department’s grant
to the City of XYZ, the City Council of XYZ, Texas hereby designates five acres of parkland in the
XYZ Community Park for Natural Area/Open Space/Wetland
SECTION 2. The Mayor of the City of XYZ, along with the City Manager, are hereby authorized to
execute the appropriate documents approving the terms and conditions of the agreement with the
Texas Parks and Wildlife Department.
SECTION 3. Any prior Resolution of the City Council in conflict with the provisions contained in this
Resolution are hereby repealed and revoked.
SECTION 4. Should any part of this Resolution be held to be invalid for any reason, the remainder
shall not be affected thereby, and such remaining portions are hereby declared to be severable.
SECTION 5. This Resolution shall take effect immediately from and after its passage and it is so
duly resolved.
DULY PASSED AND ADOPTED by the City Council of the City of XYZ, Texas, on this the 12th
day of July, 20XX.
APPROVED:
ATTEST:
John M. Smith, Mayor
XYZ City Council
Jane Doe, Interim City Secretary
APPROVED AS TO FORM:
Robert Lawyer, City Attorney
SAMPLE RESOLUTION #3 – NATURAL AREA/OPEN SPACE/WETLAND
EXHIBIT “A”
Please use copy of Official Site Plan/Boundary Map
Showing the location of the Natural Area/Open Space/Wetland
And/or
Include a Metes and Bound Description specifically outlining the boundaries
of the Natural Area/Open Space/Wetland.
29
30
SAMPLE EXHIBIT “A”
Being a parcel or tract of land situated about 1-1/3 miles southwest from the public square of Sulphur
Springs in Hopkins County, Texas, a part of the Jose Y’Barbo Survey, A-1102, and described by metes
and bounds as follows:
BEGINNING at a point in the east boundary line of that certain 27-acre tract of land set aside to
Robert E. Lanier in deed of partition dated April 17, 1972, from Carrie Sue Lanier et al, to each other, of
record in Vol. 340, page 281, Deed Records of Hopkins County, Texas, South 1 deg. 20 min, east
208.7 feet from the northeast corner of the aforesaid 1-acre tract devised to George Walter Greenway;
THENCE South 89 deg. 10 min. west with the south boundary line of the aforesaid 1-acre tract,
208.7 feet to the southwest corner of said 1-acre tract, for the northwest corner of this tract;
THENCE South 1 deg. 20 min. east and parallel with the east boundary line of said 27-acre
tract, 208.7 feet to a point for the southwest corner of this tract;
THENCE North 89 deg. 10 min. east and parallel with the north boundary line of said 27-acre
tract 208.7 feet to a point in the east boundary line of said 27-acre tract, for the southeast corner of this
tract;
THENCE North 1 deg. 20 min. west with the east boundary line of said 27-acre tract, 208.7 feet
to the place of beginning.
(THIS DOCUMENT STAMPED AND RECORDED AT THE COUNTY COURTHOUSE)
31
Section 5
REIMBURSEMENT PROCESS
32
REIMBURSEMENT FLOW CHART
Sponsor prepares a reimbursement
request using reimbursement
checklist
Sponsor submits reimbursement
documents through the Recreation
Grants Online portal.
Recreation Grants
performs desk audit of
reimbursement request.
Additional
documentation needed
Y Recreation Grants Branch
requests
additional information from
Sponsor
N
Sponsor submits
additional
Information
Recreation Grants Branch
rocesses payment request to
the State Comptroller
State Comptroller
Processes Payment
Sponsor will be notified via the
Recreation Grants Online Portal,
after payment is processed
33
GRANT REIMBURSEMENT PROCEDURES
The following information is a general outline of the procedures for requesting reimbursement under the
Recreation grants program. Reimbursement is made only after the sponsor has incurred and paid for the
grant related expense. Each reimbursement request are required to be submitted as a single pdf
document through the Recreation Grants online grants management portal at: https://tpwd-
recgrants.fluidreview.com. A confirmation email will be transmitted to the sponsor upon
successful submission of reimbursement.
It is requested that sponsors submit reimbursement requests on a regular basis, quarterly if possible, to
prevent large outstanding grant balances. For example, the Recreational Trail Program grants are
federal funds administered by the Federal Highway Administration (FHWA). There is a directive from
FHWA that the funds be utilized in a timely manner. If reimbursement requests are not submitted in
two (2) consecutive quarters, the project will appear on a FHWA “inactive list” and the project sponsor
will be required to justify why the project is not progressing. Projects that are “inactive” and have no
financial activity for more than three (3) quarters may have their funding de-obligated and rescinded by
FHWA.
Project sponsors should be aware of the period of performance of their grant(s). Expenses incurred
before the grant effective date or after the grant expiration date are not eligible for reimbursement.
GENERAL REIMBURSEMENT INFORMATION
Since projects differ in scope, the information contained herein can only be of a general nature. These
procedures are for sponsor use in submitting reimbursement requests for work completed.
A link to the Reimbursement Request checklist is located within the Request Reimbursement task and
needs to be referenced in preparation of the reimbursement. Any inquiries regarding the eligibility of
an expenditure item should be directed to the individual program managers or their staff.
In grants involving construction, e l i g i b l e e x p e n s e s will be reimbursed up to 95% of grant funds
pending an onsite final inspection of the project. The Recreation Grants Staff must be notified when a
project is complete in order to schedule the final inspection.
Financial records, supporting documents, statistical records, and all other records pertinent to the grant
shall be retained for a period of three years after final payment (state), after final expenditure report
(federal); except the records shall be retained beyond the three-year period if audit findings have not been
resolved. The Department, State Comptroller of Public Accounts, State Auditor Office, 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 audits, examinations, excerpts
and transcripts.
SINGLE AUDIT
It is the responsibility of the grant Sponsor to have a Single Audit done annually according to the
Texas Single Audit Circular and submitted to the Department when completed. 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 found at www.ecfr.gov.
34
COST PRINICIPLES
To be allowable under Federal or state awards, costs must meet the following general criteria:
•Be necessary and reasonable for proper and efficient performance and administration of Federal or
state awards.
•Be allocable to Federal or state awards under the provisions of 2 CFR 200 and the State of Texas
Uniform Grant Management Standards (UGMS) guidance.
•Be authorized or not prohibited under State or local laws or regulations
•Conform to any limitations or exclusions set forth in these principles, Federal or state laws, terms and
conditions of the Federal or state award, or other governing regulations as to types or amounts of cost
items
•Be consistent with policies, regulations, and procedures that apply uniformly to both Federal or state
awards and other activities of the governmental unit.
•Be accorded consistent treatment. A cost may not be assigned to a Federal or state award as a direct
cost if any other cost incurred for the same purpose in like circumstances has been allocated to the
Federal or state award as an indirect cost.
•Except as otherwise provided for in the 2 CFR 200 and UGMS circulars, be determined in accordance
with generally accepted accounting principles.
•Not be included as a cost or used to meet cost sharing or matching requirements of any other Federal
or state award in either the current or a prior period, except as specifically provided by Federal or state
law or regulation.
•Be the net of all applicable credits.
•Be adequately documented. Documentation required may include, but is not limited to, travel records,
time sheets, invoices, proof of payment, contracts, mileage records, billing records, and other
documentation that verifies the expenditure amount and appropriateness to the grant.
Reasonable costs
•A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by
a prudent person under the circumstances prevailing at the time the decision was made to incur the
cost. The question of reasonableness is particularly important when governmental units or
components are predominately state or federally-funded. In determining reasonableness of a given
cost, consideration shall be given to:
a)Whether the cost is of a type generally recognized as ordinary and necessary for the
performance of the Federal or State award.
b)The restraints or requirements by such factors as: sound business practices; arm’s length
bargaining; Federal, State and other laws and regulations; and, terms and conditions of the
Federal or state award.
c)Market prices for comparable goods or services.
d)Whether the individuals concerned acted with prudence in the circumstances considering their
responsibilities to the governmental unit, its employees, the public at large, and the state or
Federal government.
e)Significant deviations from the established practices of the governmental unit which may
unjustifiably increase the Federal or state award’s cost
35
Allocable costs
•A cost is allocable to a particular cost objective if the goods and services involved are chargeable or
assignable to such cost objective in accordance with relative benefits received.
ALLOWABLE EXPENDITURES
Costs must be necessary and reasonable for proper and efficient operation of the grant project, be an
allowable expense toward project construction, and not be a general operating expense required to
carry out the overall responsibilities of state or local government.
Expenditures must be authorized (or not prohibited) under state or local laws and regulations.
Expenditures must conform to the limitations of manuals, state law, federal law, or other governing
limitations in the agreement as to type or amount of costs.
Matching reimbursement of Professional Services (architectural/engineering) is limited to 12% of
the budgeted grant construction amount. This allows the Department to allocate more funds to the
construction of recreational facilities. Environmental survey costs may be considered above the 12%
professional services limit on a case-by-case basis. Design fees will not be reimbursed until project
construction plans and specifications have been reviewed and accepted by the Department.
For projects with land acquisition in the scope, appraisal costs are allowable up to 5% of appraisal
value or maximum of $10,000.00, whichever is less. Appraisal costs are not reimbursable for
grants associated with Land & Water Conservation funds.
The sponsor will be notified if eligible expenses are disallowed. Items disallowed may be paid on the
next reimbursement request if the sponsor provides the information requested and if expenses are
justified.
NON-ALLOWABLE EXPENDITURES
•Expenditures must not be charged or ineligible to be charged to any other grant-financed
program unless otherwise permitted by specific program guidance.
•Ceremonial or entertainment expenses
•Alcoholic beverages
•Expenses for publicity (except for competitive bid advertisement)
•Charges for deficits or overdrafts
•Sales tax
•Interest expenses
•Damage judgments arising out of the acquisition, construction, or equipping of a facility,
whether determined by judicial decision, arbitration, or otherwise
•Incidental costs relating to acquisition of real property and of interests in real property, such as
the cost of legal fees and relocation costs
•Operation and maintenance costs of recreation areas and facilities (unless otherwise specified)
36
NON-ALLOWABL E EXPENDITURES (Cont’d)
•The value of personal property, (unless otherwise specified)
•Cost of discounts not taken and finance charges
•Employee facilities, including residences, appliances, office equipment, furniture, and utensils
Donations or contributions made by the sponsor, such as to a charitable organization
•Salaries and expenses and other administrative costs of a political subdivision, not related to
project construction
•Fines and penalties
•Appraisal costs associated with Land & Water Conservation Funds
•Costs related to the collection of an unpaid debt
•Indirect costs (unless otherwise specified)
•Used supplies/equipment (unless otherwise specified)
37
SUPPORTING DOCUMENTS
1.Bid Advertisement and Tabulation
A copy of the published bid advertisement and the tabulation of all bids received are required. If
applicable, provide justification for not going with the lowest bid. Please contact staff if you have
questions.
2.Contract Documents
A copy of the executed contract(s) issued on the contract must be submitted.
3.Invoices
The invoice must identify the project element for which materials or services are being used. For
example, if a portion of the invoice is for water system and the other portion for electrical system, a
break out of each element must be noted.
4.Contractor’s Application for Payment
A copy of the contractor’s application for payment (including detail sheets) or voucher must be
submitted.
5.Proof of Payment
Adequate proof of payment, such as cancelled checks, bank statements, or wire transfers are
required for proof of payment. The amount charged to the grant project must be clearly defined
6.Force Account Records
When force account costs are reported, the sponsor may use either the Department’s Work Record
form or their local work records, including computer information, providing required data is submitted
with each reimbursement request. (It is recommended that the sponsor receive prior format
approval.)
A.Personnel: The disbursements for this section of the form will be obtained from the sponsor’s
payroll records. Work records must define actual days and hours worked.
B.Equipment: A brief description of the equipment, including costs code number assigned,
hours/miles used, the established average rate, and total cost is needed
C.Fringe Benefits: Fringe benefits include, but are not limited to, the costs of leave, employee
insurance, pensions, and unemployment benefit plans. (except as provided in UGMS/ 2 CFR
200, the costs of fringe benefits are allowable to the extent that the benefits are reasonable
and are required by law, governmental unit-employee agreement, or an established policy of
the governmental unit.
D.In-Stock Materials: If the sponsor uses materials from warehouse stock, a list must be
furnished to the Department giving description of materials, cost of material, and for what
construction element the materials were used. Materials must be at actual cost, less
discounts, rebates, etc., with no profit to the sponsor. The sponsor should maintain inventory,
and documentation of material cost must be furnished to the Department.
E.Certification: The work record must be certified by the sponsor. Individuals donating labor
must sign the work record form as certification.
38
7.Certification of Donated Labor or Service
When an individual is donating labor or service in their specialized trade such as electrician, brick
layer, carpenter, etc., a “Certification of Donated Labor or Service” should be completed and
submitted with the signed work record for reimbursement. Additional documentation to substantiate
the hourly rate may be required.
8.Spreadsheet
A spreadsheet prepared by the sponsor should be submitted with each reimbursement request. The
purpose of this spreadsheet is to allocate expenditures to the appropriate budget element thus
expediting payment. The spreadsheet totals by budget element should match the amounts listed in
the Budget Summary.
9.Budget Summary
For construction grants, a copy of the Budget Summary will be provided by Recreation Grants.
The Budget Summary should reflect the actual project costs to date. The total of the Construction
section should include actual costs. If applicable, retainage should be deducted and listed on a
separate line. The amounts listed in the Approved Costs column for each construction element
item are estimates. Actual expenditures may be above or below the estimated amounts. However,
total reimbursements will not exceed the project award.
We suggest sponsors that are not self-performing grant elements work with contractors to ensure that
the bids identify the elements included in the Budget Summary. If bids contain work items not in
the grant project, they must be clearly identified.
39
CONSTRUCTION METHODS
CONTRACT BID CONSTRUCTION
Political subdivisions must comply with the Local Government Code Chapters 252, 262, and 375
requirements governing advertisement of bids. It is the responsibility of the sponsor to adhere to all
local, state, and federal laws and regulations regarding bidding procedures. These procedures generally
require award of a construction contract to the lowest qualified bidder. If applicable, the sponsor
must submit written justification as to why the contract should not be awarded to the lowest bidder;
the Department must concur with the justification. The Department requires that a copy of the bid
advertisement and the tabulation of all bids received before reimbursing any contract expenditures.
Executed Contract change orders relating to construction of grant elements must be forwarded to the
Department for review.
Not for profit sponsors of funded projects must, at minimum, follow these purchasing requirements:
Amount up to $5000.00
-No bids required
Amount $5000.01 to $25,000.00
-Informal Bids: Requires a minimum of three (3) listed bids. These can be telephone or other verbal
bids. The bid, name of person submitting the bid and their contact information must be recorded and
submitted with the reimbursement request.
Amount $25,000.01 and over
-Formal Bids: Requires a formal written bidding process. Sealed bids must be solicited for at least
three (3) days in a newspaper of general circulation in the area in which the project is located. Proof of
publication and the written bid received must be maintained by the grant sponsor for audit purposes.
Multiple purchasing is not permitted to avoid the bidding process. For example, purchasing $6,000.00
worth of material in two $3,000.00 lots to avoid soliciting bids as required above is not allowed.
CONSTRUCTION MANAGER-AGENT
Political subdivisions must follow Government Code chapter 2269 when soliciting a construction contractor
using the Construction Manager-Agent approach.
FORCE ACCOUNT CONSTRUCTION
Construction performed by the sponsor’s own work force including work provided by other governments
must be recorded and certified on work record forms.
Fringe benefits paid by the sponsor such as FICA, insurance, and retirement, are allowable expenses,
but the method of determination must be documented. Fringe benefits may be computed on a
percentage of total payroll, provided the method of determination is approved. The sponsor’s payroll
records may be verified at the final audit/inspection.
40
CONSTRUCTION BY DONATION
Labor or Services: The value of donations may be used only to meet cost sharing or matching
requirements. The Department must be assured that the donation is at actual cost. The sponsor may
not make a profit from any donation claimed on the grant.
Donated labor or services will be recognized for matching purposes at the local common laborer wage,
minimum wage or wage the sponsor pays that type of employee or service. The force account work
record form may be used for documenting donated labor provided the individual donating the labor or
service certifies by signature that the hours worked are correct. The sponsor’s project officer or
supervisor is also required to certify the work record.
If an individual is donating labor or services in their trade such as an electrician, brick layer, carpenter,
etc., reimbursement will be based on the prevailing wage paid in the locality for that specialized trade.
The “Certification of Donated Labor or Service” form must be completed and submitted with a signed
force account work record.
Labor performed by individuals from correctional institutions must be documented in writing by an
officer of the correctional institution.
Materials: Donated materials will be recognized for matching purposes at the actual cost or at the
normal price charged by a vendor. All vendors donating materials must submit an invoice and a signed
letter stating that they are donating and that the invoiced amount is the actual price of goods or services
normally charged all customers.
Equipment: Donated equipment use will be recognized for matching purposes at rates established by
the Department, providing that the firm is not in the equipment rental business. If equipment is donated
from a rental agency, the donor must submit an invoice and signed letter stating that the invoiced
amount is the normal price charged all customers.
LOCAL GOVERNMENT PURCHASING COOPERATIVE
The Local Government Purchasing Cooperative is an administrative agency created in accordance with
Texas Government Code Chapter 791 (Inter-local Cooperation Contracts). “A local government that
purchases goods and services under this section satisfies the requirement of the local government to
seek competitive bids for the purchase of the goods and services.” Its purpose is to obtain the benefits
and efficiencies that can accrue to members or a cooperative, to comply with state bidding
requirements, and to identify qualified vendors of commodities, goods, and services. Membership is
free and open to all local governments, non-profits, and other political subdivisions of the state of
Texas.
41
LAND ACQUISITION REIMBURSEMENT CHECKLIST
After grant approval and Recreation Grants Branch approval of an independent appraisal prepared in
accordance with the program procedures, the following information is required before payment can be
made to the sponsor for acquisition projects:
1.Project Construction Plans and Specifications must be accepted by the Department before
reimbursement will be made for land donations.
2.Proof of ownership and legal rights obtained: One photocopy of the executed, recorded
deed
3.Title Policy (if obtained)
4.Proof of payment
5.Budget Summary showing acquisition value of the land
6.A current status report must be on file
Treatment of Land Donation Reimbursement after Expenditures Submitted
Sponsors may not make a profit from donations. Land donations will be recognized for matching
purposes after the sponsor has made other cash payments for the project. The match able amount for
land donation equals the amount of the cash expenditures or the value of the land donation as
approved by the Department, whichever is less.
42
REIMBURSEMENT REQUEST CHECKLIST
The sponsor should review this checklist carefully before submitting each request. This is a comprehensive
list for most projects. Some items listed may not apply to your project. Use the list as a guide, contact
Recreation Grants staff if you have questions.
1.Plans and Permits: Construction plans (if applicable) must be accepted by the Department
and on file for each construction element of the project for which reimbursement is requested.
Registration of the project with TDLR (if applicable) is required. All other required permits and
clearances should be on file with TPWD.
2.Bid Advertisement and Tabulation of All Bids Received: For expenditures requiring
competitive bidding, a copy of the bid advertisement and a copy of the bid tabulation listing all
bidders and bid amounts are requested.
3.Contract Documents: A copy of the executed contract(s) and all change orders issued on the
contract(s) must be filed with the Department.
4.Invoices: All invoices must be legible and must identify the project element for which materials
or services are being used. A copy of each invoice must be submitted with proof of payment.
5.Contractor’s Payment Voucher: A copy of the contractor’s estimate must be furnished to the
Department supporting the proof of payment.
6.Proof of Payment: Adequate proof of payment is required, such as cancelled checks, bank
statement, or wire transfers.
7.Force Account Work Record: The sponsor may use either the Department’s Daily or Weekly
Work Record, or their own. Include the supervisor’s signature. Submit copies of Weekly Work
Record only.
8.Certification for Donated Professional/Skilled Labor or Service: A completed Certification
for Donated Professional/Skilled Labor or Service must be submitted when requesting
reimbursement for donations of a specialized trade or profession.
9.Spreadsheet:A spreadsheet that ties all expenditures, including force account, to project
elements must be provided with each reimbursement request.
10.Budget Summary: The sponsor should submit one completed copy of the Budget Summary
with each reimbursement request.
11.Certification for Reimbursement Request:
A completed “Certification for Reimbursement Request” form must be submitted with each
reimbursement request to ensure that each period reimbursement is true and correct.
43
PROJECT CLOSEOUT CHECKLIST
Before requesting a final inspection of a completed grant project, the following must be accomplished:
1.All facilities must be complete and usable for recreation as specified in the Agreement. If
facilities differ significantly from the original site plan, an as-built site plan must be provided
to the Department.
2.A permanent grant program recognition sign must be installed in a visible location. The
temporary recognition sign should be removed when the permanent sign has been installed.
3.Project must be registered with Texas Department of Licensing and Regulation.
4.The Sponsor must submit a Final Reimbursement Request.
REIMBURSEMENT FORMS
I.Weekly Work Record for Employees
II.Weekly Work Record for Volunteers
III.Equipment Listing
IV.Certification for Donate Labor or Service
V.Certification for Reimbursement Request
VI.Sample Spreadsheet for Budget Summary
VII.Sample Budget Summary
VIII.Direct Deposit Authorization
Note: All forms are in the resources section in the Recreation Grants Online System. The
spreadsheet is the responsibility of the sponsor. These forms are to be used by you for
requesting reimbursement. Please feel free to duplicate as necessary or you can develop your
own if the same information is provided.
44
I.Weekly Work Record for Employees
Project Name:Period From: To:
Project Number:
Volunteers
Name
S M T W Th F S Total
Hours
Hourly
Rate
Total Signature
(# Of Hours Worked on Project:)
Total
Fringe Benefits %(if applicable)
Total value towards project
Equipment
Unit Description
S M T W Th F S Total
Hrs./Mi.
Rate Per
Hrs./Mi.
Total Reference Number
(Hours/Miles Operated)
Total Equipment Cost
NET TOTAL (Employees + Equipment)
I certify that the listed individuals were on the payroll of on the dates shown and that these employees and the above listed equipment were used for the development of the
Project named above.
Project Officer/Supervisor Signature:
45
II.Weekly Work Record for Volunteers
Project Name: Period From: To:
Project Number:
Volunteers
S M T W Th F S Total Hourly Total Signature
Name (# Of Hours Worked on Project:) Hours Rate
Total
Fringe Benefits %(if applicable)
Total value towards project
Equipment
S M T W Th F S Total Rate Per Total Reference Number
Unit Description (Hours/Miles Operated) Hrs./Mi. Hrs./Mi.
Total Equipment Cost
NET TOTAL (Volunteers + Equipment)
I certify that the listed individuals & equipment were used on the dates indicated for the development of the project named above.
Project Officer/Supervisor Signature:
46
47
Sponsor:
Project Name:
Number:
(Please indicate if the equipment has been purchased with local, state, or federal funds.)
III.EQUIPMENT LISTING
Year Make/Model Description Combined
Weight Capacity Size/H.P. Single/
Tandem Wheeled or
Track-Mounted
Cost Code
No. Assigned Rate
48
Sponsor: City of Anywhere
Project Name: Anywhere City Park
Project Number: 50-009999
(Please indicate if the equipment has been urchased with local, state, or federal fu nds.)
SAMPLE III-a. EQUIPMENT LISTING
Year Make/Model Description Combined
Weight Capacity Size/H.P. Single/
Tandem Wheeled or
Track-Mounted
Cost Code
No. Assigned Rate
1977 International Dump Truck 2.5-ton Single Wheel
1984 Mack Dump Truck 5-Ton Tandem Wheel
1964 Case Tractor 95-H.P.Wheel
IV. CERTIFICATION FOR DONATED PROFESSIONAL/SKILLED
LABOR OR SERVICE
I certify that my profession or skilled trade is and the prevailing wage for this profession or
trade is $ per hour. My donation of labor or service for
(Project Name) , Project Number) is correct and just, as will be stated on the
work record and will be charged to the project only when working in the trade or profession
named above.
By
Signature of Donor
(Print or Type Name)
Date
By signature hereon I certify that to the best of my knowledge the individual named above is in
the profession or skilled trade stated and has agreed to donate labor or services to the
referenced grant project.
Sponsor
By
Signature of Donor
(Print or Type Name and Title)
Date
49
V.CERTIFICATION FOR RECREATION GRANTS
REIMBURSEMENT REQUEST
50
I certify that to the best of my knowledge and belief the attached reimbursement request for the period
to
Project Name , Project Number _
is correct and complete; that payment from the State of Texas has not been received; that the work and
services are in accordance with the Texas Parks and Wildlife Department Recreation Grants Program,
including amendments thereto; and that progress of the work and services is satisfactory and is
consistent with the project agreement.
Recipient Organization (Sponsor)
By
Signature
Print or Type Name and Title
Date
Reimbursement prepared by
Phone#/email address:
AMOUNT REQUESTED (NET):$_
Sponsor: City of Anywhere
Project Name: Anywhere City Park
Project Number: 50-009999
Request Number: 1
Period: 01/02/2005 – 03/04/2005
*Force Account: Daily Work Records for Force Account Work can be consolidated on a spreadsheet. The spreadsheet total should be for the
reimbursement request period. To facilitate the final audit and inspection, the Force Account records must be tabulated on a daily basis.
SAMPLE VIII SPREADSHEET FOR BUDGET SUMMARY
Date(s) Payee
Check
Number
1A
A/E
2A
Site Prep
2B1
Water
2B2
Electrical
2D
Restroom Retainage Total
1/2/05 James Engineering 234567 $300.00 $300.00
2/8/05 John Doe 234570 $1,000.00 $1,000.00
2/9/05 A to Z Utilities 234572 $800.00 $6,000.00 $6,800.00
3/1/05 Tiny’s Contracting, Inc. 234580 $4,800.00 ($480.00) $4,320.00
12/12/05 – 12/15/05 *Total Force Account N/A $102.65 $102.65
TOTAL $300.00 $1,000.00 $902.65 $6,000.00 $4,800.00 -$480.00 $12,522.65
51
SAMPLE IX. BUDGET SUMMARY
PROJECT: Anywhere City Park REIMBURSEMENT REQUEST NUMBER 1
PROJECT NUMBER: 50-009999 PERIOD COVERED: 01/02/2005 TO
03/01/2005
PROFESSIONAL SERVICES
Construction Plans/Specifications
Begin: 1/1/05
CONSTRUCTION ELEMENTS
A. Site Preparation
B. Utilities
1. Water
2. Electrical
C. Roads and Parking
1. Roads
2. Parking
D. Restroom/Concession
E. Recreation Facilities
1. Picnic Units
2. Barbecue Pits
3. Tennis Court Renovation
4. Tot Lot Playground
5. Baseball Field
F. Miscellaneous
1. Sign
2. Contingencies
Construction Cost
Less Retainage
TOTAL CONSTRUCTION
LAND:
APPROVED
COSTS
COMPLETED
LASTREQUEST
COMPLETED
THISPERIOD
TOTAL
COMPLETE
$
1,000.00
300.00
300.00
7,000.00 1,000.00 1,000.00
1,500.00 902.65 902.65
9,000.00 6,000.00 6,000.00
4,000.00 0.00
3,000.00 0.00
10,000.00 4,800.00 4,800.00
900.00 0.00
800.00 0.00
9,000.00 0.00
2,400.00 0.00
14,000.00
200.00 0.00
1,200.00 0.00
$
63,000.00
12,702.65
12,702.65
$
0.00
(480.00)
(480.00)
$
63,000.00
12,222.65
12,222.65
$
$
64,000.00
12,522.65
12,522.65
TOTAL PROJECT COST
MATCH: $32,000.00 52
X. DIRECT DEPOSIT AUTHORIZATION
This form may be downloaded from:
https://fmx.cpa.texas.gov/fm/pubs/
53
Section 6
AFTER GRANT PROJECTS
ARE COMPLETE
54
55
RETENTION, OPERATION & MAINTENANCE RESPONSIBILITIES
RETENTION AND USE
Once the project is complete, post completion inspections will be conducted by the Recreation Grants
Staff. These inspections are made every five years to observe operation, maintenance, and compliance
with civil rights requirements.
You are reminded that any park property assisted with grant funds shall not be converted to other than
public outdoor recreation uses without the prior approval of the Department. The installation of
overhead electrical lines at a fund assisted site is considered conversion.
Financial records, supporting documents and all other records pertinent to this grant must be retained
for the next three years.
An annual status report will be required every year at August 31st, for five years after the project is
completed. This report must contain descriptions of present and anticipated uses, contiguous land
additions, new development, and any major changes in the character of the property.
* * * * * * * * * *
Property acquired or developed with TPWD assistance shall be retained and used for public recreation.
Any property so acquired or developed shall not be wholly or partly converted to other than public
recreation uses without the approval of the Department. Such approval will be given only upon
conditions as the Department deems necessary to assure the substitution of other outdoor recreation
properties of at least equal fair market value and of reasonably equivalent usefulness, quality, and
location. An exception to the requirement for permanent public recreation use and dedication will only
be made for leased TPWD-assisted properties after the term of such leases expire.
A. Proposed Uses – Non-recreational uses anticipated at the time of approval, or for which a request
for conversion will be made subsequent to project approval, will be subject to the conditions above.
B. Existing Uses – These provisions do not apply to non-recreational uses being made of an area or
facility at the time the program-assisted project is approved, when such uses are known to and
approved by the Department and documented in the project proposal.
CHANGES IN RECREATIONAL USES
The use of property acquired or developed with program assistance may not be changed from that
contemplated and approved when assistance was obtained, unless prior approval is obtained from the
Department.
OPERATION AND MAINTENANCE
Property acquired or developed with program assistance shall be operated and maintained as follows:
A. The property shall be maintained so as to appear attractive and inviting to the public.
B. Sanitation and sanitary facilities shall be maintained in accordance with applicable health
standards.
56
C. Properties shall be kept reasonably safe for public use. Fire prevention, lifeguard, and similar
activities should be maintained for proper public safety.
D. Buildings, roads, trails, and other structures and improvements shall be kept in reasonable repair
throughout their estimated lifetime to prevent undue deterioration and to encourage public use. It is
not necessary that assisted structures/improvements be maintained in perpetuity. Once assisted
improvements/structures have exceeded their estimated lifetime, or they are no longer economically
feasible to operate or maintain, they may be demolished, renovated, or redeveloped as long as the
area remains in public recreation use and prior Departmental approval is received.
E. The facility shall be kept open for public use at reasonable hours and times of the year, according to
the type of area or facility.
AVAILABILITY TO USERS
A. Non-Discrimination – Property acquired or developed with program assistance shall be open to
entry and use by all persons regardless of age, race, color, sex, national origin, or handicap who
are otherwise eligible. Discrimination on the basis of residence, including preferential reservation or
membership systems, is prohibited, except to the extent that reasonable difference in admission or
other fees may be maintained on the basis of residence.
B. Reasonable Use Limitations – Participants may impose reasonable limits on the type and extent of
use of the areas and facilities acquired or developed with program assistance when such a
limitation is necessary for maintenance or preservation. Thus, limitations may be imposed on the
number of persons using an area or facility or the type of users such as hunters only or hikers only.
All limitations shall be in accord with the applicable grant agreement and amendments.
TPWD receives funds from the USFWS. TPWD prohibits discrimination on the basis of race, color, religion,
national origin, disability, age, and gender, pursuant to state and federal law. To request an accommodation or
obtain information in an alternative format, please contact TPWD on a Text Telephone (TTY) at (512) 389-8915 or
by Relay Texas at 7-1-1 or (800) 735-2989 or by email at accessibility@tpwd.texas.gov. If you believe you have
been discriminated against by TPWD, please contact TPWD, 4200 Smith School Road, Austin, TX 78744, or the
U.S. Fish and Wildlife Service, Office for Diversity and Workforce Management, 5275 Leesburg Pike, Falls
Church, VA 22041.
(Subject to the availability of funds and satisfactory progress of the project):
a. DEDUCTION
b. ADDITIONAL COSTS
c. MATCHING
d. OTHER RESEARCH (Add / Deduct Option)
e. OTHER (See REMARKS)
c. This award notice including terms and conditions, if any, noted below under REMARKS.
d. Federal administrative requirements, cost principles and audit requirements applicable to this grant.
In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall
prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise
obtained from the grant payment system.
REMARKS (Other Terms and Conditions Attached - Yes No)
d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION
c. Less Cumulative Prior Award(s) This Budget Period
a. d.
b. e.
c. f.
13. Total Federal Funds Awarded to Date for Project Period
14. RECOMMENDED FUTURE SUPPORT
Salaries and Wages
Fringe Benefits ……………….................$
TOTAL DIRECT COSTS
INDIRECT COSTS
TOTAL APPROVED BUDGET
Federal Share
Non-Federal Share
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
FINANCIAL ACCT
17. VENDOR CODE
AMT OF FIN ASST START DATE
18.DUNS
END DATE
19. CONG. DIST.
TAS ACCT
.…...….…..$
…………………………...$
…………………………...$
…………………………...$
…………………………...$
…………………………...$
…………………….……..$
m.
n.
m)
YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS
ALL AMOUNTS ARE SHOWN IN USD
II Total project costs including grant funds and all other financial participation b. Less Unobligated Balance From Prior Budget Periods
11. APPROVED BUDGET (Excludes Direct Assistance)12. AWARD COMPUTATION
I Financial Assistance from the Federal Awarding Agency Only a. Amount of Federal Financial Assistance (from item 11
ALTERNATIVES:
15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING
ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY
OR BY REFERENCE IN THE FOLLOWING:
16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY
a. The grant program legislation.
b. The grant program regulations.
10b. FEDERAL PROJECT OFFICER10a. GRANTEE AUTHORIZING OFFICIAL
NOTICE OF AWARD 1a. SUPERSEDES AWARD NOTICE dated
Originating MCA #
AUTHORIZATION (Legislation/Regulations)
4. GRANT NO.
5a.ACTION TYPE
6. PROJECT PERIOD
7. BUDGET PERIOD
9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR
MM/DD/YYYY
MM/DD/YYYY MM/DD/YYYY
MM/DD/YYYY MM/DD/YYYY
1. DATE ISSUED
2. CFDA NO.
3. ASSISTANCE TYPE
8.
From Through
From Through
4a. FAIN
5. TYPE OF AWARD
except that any additions or restrictions previously imposed
remain in effect unless specifically rescinded
……………….................$
Total Personnel Costs
Equipment
Supplies
Travel
Construction
Other
Contractual
TITLE OF PROJECT (OR PROGRAM)
LINE#PO LINE DESCRIPTION
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
54 U.S.C. § 200305 Land and Water Conservation Fund, Assistance to
States
09/22/2021
04/27/2021 09/30/2024
04/27/2021 09/30/2024
48-01193 Fort Worth - Nature Center and Refuge
0.00
0.00
0.00
0.00
0.00
0.00
1,005,000.00
0.00
3,000,000.00
0.00
3,000,000.00
1,500,000.00
1,500,000.00
0.00
0.00
2
3
4
e
No program income
II
15.916 - Outdoor Recreation Acquisition, Development and Planning
DAN REECE
4200 Smith School Road
STate Parks
Austin, TX 78744-3218
Phone: 5123894656
TEXAS PARKS AND WILDLIFE DEPARTMENT
4200 Smith School Rd
Austin, TX 78744-3218
BROCK TALLEY
4200 Smith School Rd
Austin, TX 78744-3218
Phone: 5123898679
Mr. Jeremy Edwards
601 Riverfront Dr
Omaha, NE 68102-4226
Phone: 402 679-1294
1,500,000.00
358067822560070050488
Project Grant
1,995,000.00
1,500,000.00
6
7
Kelly Pearce, Awarding Officer
601 Riverfront Drive
Omaha, NE 68102-4226
Phone: 4026611552
GRANTS MANAGEMENT OFFICIAL:
5
1,500,000.00
P21AP12342-00
P21AP12342 New
Other
1 0051016308-00010 $1,500,000.00 04/27/2021 09/30/2024 5035 Nature Center Refuge FY19 LW
Federal Financial Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date
04/27/2021 09/30/2021 Annual 12/29/2021
10/01/2021 09/30/2022 Annual 12/29/2022
10/01/2022 09/30/2023 Annual 12/29/2023
10/01/2023 09/30/2024 Final 01/28/2025
Performance Progress Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date
04/27/2021 09/30/2021 Annual 12/29/2021
10/01/2021 09/30/2022 Annual 12/29/2022
10/01/2022 09/30/2023 Annual 12/29/2023
10/01/2023 09/30/2024 Final 01/28/2025
2 of
09/22/2021
P21AP12342-00
2
PAGE DATE ISSUED
GRANT NO.
NOTICE OF AWARD (Continuation Sheet)
2
AWARD ATTACHMENTS
TEXAS PARKS AND WILDLIFE DEPARTMENT P21AP12342-00
Grant Agreement1.
General Provisions2.
Environmental Certification3.
Waiver of Retroactivity4.
Budget Narrative5.
1
Grant Agreement P21AP12342
Between
THE UNITED STATES DEPARTMENT OF INTERIOR
NATIONAL PARK SERVICE
and
TEXAS PARKS AND WILDLIFE DEPARTMENT
Table of Contents
ARTICLE I – DEPARTMENT OF THE INTERIOR STANDARD TERMS AND CONDITIONS .......... 2
ARTICLE II – LEGAL AUTHORITY ......................................................................................................... 2
ARTICLE III – PERFORMANCE GOALS AND PROJECT OBJECTIVES ............................................. 2
ARTICLE IV – PUBLIC PURPOSE ............................................................................................................ 2
ARTICLE V – COVID-19 PROVISIONS ................................................................................................... 2
ARTICLE VI - STATEMENT OF WORK .................................................................................................. 3
ARTICLE VII – RESPONSIBILITIES OF THE PARTIES ........................................................................ 3
ARTICLE VIII – COST-SHARE REQUIREMENT .................................................................................... 4
ARTICLE IX – PRE-AWARD INCURRENCE OF COSTS ....................................................................... 4
ARTICLE X – APPROVED INDIRECT RATE .......................................................................................... 4
ARTICLE XI – KEY OFFICIALS ............................................................................................................... 4
ARTICLE XII – AWARD AND PAYMENT .............................................................................................. 5
ARTICLE XIII – PRIOR APPROVAL ........................................................................................................ 6
ARTICLE XIV – REPORTS AND/OR OUTPUTS/OUTCOMES .............................................................. 6
ARTICLE XV – PROPERTY UTILIZATION ............................................................................................ 7
ARTICLE XVI – MODIFICATION, REMEDIES FOR NONCOMPLIANCE, TERMINATION ............ 7
ARTICLE XVII – REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND
PERFORMANCE ......................................................................................................................................... 7
ARTICLE XVIII – FUNDING USED FOR THE PURCHASE AND OPERATION OF UNMANNED
AIRCRAFT SYSTEMS (UAS) .................................................................................................................... 9
ARTICLE XIX - PATENTS AND INVENTIONS (37 C.F.R. Part 401) .................................................... 9
ARTICLE XX - STRENGTHENING BUY-AMERICAN PREFERENCES FOR INFRASTRUCTURE
PROJECTS PER E.O. 113858 .................................................................................................................... 15
ARTICLE XXI - SECTION 508 OF THE REHABILITATION ACT OF 1973 (29 U.S.C. § 794 (d)) .... 15
ARTICLE XXII - GENERAL AND SPECIAL PROVISIONS ................................................................. 16
ARTICLE XXIII – SIGNATURES ............................................................................................................ 19
ARTICLE XXIV – ATTACHMENTS ....................................................................................................... 19
2
ARTICLE I – DEPARTMENT OF THE INTERIOR STANDARD TERMS AND
CONDITIONS
Recipients must also adhere the Department of Interior Standard Terms and Conditions located
at https://www.doi.gov/grants/doi-standard-terms-and-conditions (version effective December 19,
2019-revised June 19, 2020), except the provision related to the Davis-Bacon Act in Section VII.
ARTICLE II – LEGAL AUTHORITY
The NPS enters into this Agreement pursuant to the Land and Water Conservation Fund (LWCF)
Act of 1965, as amended (P.L. 88-578; currently codified at 54 U.S.C. § 200301 et seq.).
ARTICLE III – PERFORMANCE GOALS AND PROJECT OBJECTIVES
A. Performance Goals –LWCF financial assistance is intended to assure that a sufficient
quality and/or quantity of outdoor recreation resources are available to serve the present
and future outdoor recreation demands and needs of the general public. This grant project
will improve public outdoor recreation opportunity by developing the Fort Worth Nature
Center and Refuge. The region will benefit from natural and sustainably designed
recreation.
B. Project Objectives – Develop Fort Worth Nature Center and Refuge to increase
opportunities for outdoor recreation through access to natural environments, restore natural
areas and increase education about natural resources.
ARTICLE IV – PUBLIC PURPOSE
The purposes of the LWCF Act are to assist in preserving, developing, and assuring accessibility
to all citizens of the United States of present and future generations, and visitors who are
lawfully present within the boundaries of the United States, such quality and quantity of outdoor
recreation resources as may be available and are necessary and desirable for individual active
participation in such recreation; and to strengthen the health and vitality of U.S. citizens. These
purposes are accomplished in part by providing funds for and authorizing Federal financial
assistance to States (and through States to local units of government) to plan for, acquire, and
develop needed land and water areas and facilities for outdoor recreation.
ARTICLE V – COVID-19 PROVISIONS
Due to the COVID-19 pandemic, access to National Park Service (NPS) property, personnel, or
resources may be limited at the start of the agreement. Any performance that requires access
to National Park Service property, personnel, or resources shall not commence until the recipient
receives confirmation from the NPS Financial Assistance Awarding Officer of the availability of
those resources. The recipient shall contact the NPS Financial Assistance Awarding Officer for
3
approval prior to incurring any costs for performance that requires access to National Park
Service property or resources. Such approvals can only be provided by the NPS Financial
Assistance Awarding Officer. In the event of a prolonged unavailability of resources, the period
of performance may be modified to a later date, or the agreement may be cancelled, by either the
National Park Service or the recipient, in its entirety. In addition, the recipient shall contact the
NPS Financial Assistance Awarding Officer to coordinate any other changes to the agreement
that may be needed to ensure successful performance during the COVID-19 pandemic.
ARTICLE VI - STATEMENT OF WORK
The City of Forth Worth proposes to further install marshland boardwalk, a solar-powered
restroom, soft loop trail and interpretive signs, picnic area with amenities, renovate hard trails
and parking areas, remove invasive plants, and restore native vegetation at the Nature Center
Refuge, as described in the project proposal. In addition, the project involves site preparation
and pre-planning professional services.
This project received a Waiver of Retroactivity to begin development on April 27, 2021.
All work described in this agreement will be completed by the subrecipient by September 30,
2024.
The Recipient shall adhere to the approved statement of work as set forth here and in Attachment
F of this agreement.
ARTICLE VII – RESPONSIBILITIES OF THE PARTIES
A. The Recipient agrees to:
1. Administer the grant to the Subrecipient, who will carry out the Statement of Work in
accordance with the terms and conditions stated herein. The Recipient and
Subrecipient shall adhere to Federal, state, and local laws, regulations, and codes, as
applicable.
2. Collect and submit annual and final performance and financial reports in accordance
with Article XIV.
3. Conduct inspections of the project site in accordance with the State’s inspection
agreement and Attachment A, Part III.B.
4. Ensure documentation memorializing the LWCF assistance is recorded with the
property deed(s) by the time of grant closing in accordance with Attachment A, Part
II.F.
5. Verify the Subrecipient’s actual project expenses and match contributions before
submitting requests for reimbursement to the NPS.
4
6. Ensure the Subrecipient understands they are subject to the requirements of 2 C.F.R.
§ 200.92 Subaward; 200.101 Applicability; and 200.331 Requirements for pass-
through entities. The Recipient must provide a list of selected subrecipients and
associated budgets to the NPS for review prior to making subawards.
7. Recipients must hire qualified consultants and submit documentation to the NPS
showing competitive selection or justification for single source procurement for
contracted amounts greater than $10,000, in accordance with 2 C.F.R. §§ 200.318 –
200.327.
B. No substantial involvement on the part of the NPS is anticipated for the successful
completion of the statement of work detailed in this award. It is anticipated that
involvement will be limited to actions related to monitoring project performance,
technical assistance at the request of the recipient.
ARTICLE VIII – COST-SHARE REQUIREMENT
At least 50% non-Federal cost-share is required for costs incurred under this Agreement. If pre-
award costs are authorized, reimbursement of these costs is limited to the Federal cost share
percentage identified in this agreement.
ARTICLE IX – PRE-AWARD INCURRENCE OF COSTS
The Recipient shall be entitled to use as match, or reimbursement in accordance with the
approved cost-share percentage for, costs incurred on or after December 4, 2019
which, if they had been incurred after this Agreement was entered into, would have been
allowable, allocable, and reasonable under the terms and conditions of this Agreement.
ARTICLE X – APPROVED INDIRECT RATE
Not applicable.
ARTICLE XI – KEY OFFICIALS
A. Communications. Recipient shall address any communication regarding this Agreement
to the Program Officer with a copy to the Awarding/Grants Management Officer.
Communications that relate solely to technical matters may be sent only to the Program
Officer.
B. Changes in Key Officials. Neither the NPS nor Recipient may make any permanent
change in a key official without written notice to the other party reasonably in advance of
the proposed change. The notice will include a justification with sufficient detail to
5
permit evaluation of the impact of such a change on the scope of work specified within
this Agreement. Any permanent change in key officials will be made only by
modification to this Agreement.
ARTICLE XII – AWARD AND PAYMENT
A. The NPS will provide funding to the Recipient in an amount not to exceed $1,500,000.00
in accordance with the NPS approved budget. The approved budget detail is incorporated
herein. Any award beyond the current fiscal year is subject to availability of funds.
Acceptance of a Federal financial assistance award from the Department of the Interior
carries with it the responsibility to be aware of, and comply with, the terms and
conditions within this award document. Acceptance is defined as the start of work,
drawing down funds, or accepting the award via electronic means.
B. Recipient shall request payment in accordance with the following:
1. Method of Payment. Payment will be made by advance and/or reimbursement
through the Department of Treasury’s Automated Standard Application for Payments
(ASAP) system.
2. Requesting Advances. Requests for advances must be submitted via the ASAP
system. Requests may be submitted as frequently as required to meet the needs of the
Financial Assistance (FA) Recipient to disburse funds for the Federal share of project
costs. If feasible, each request should be timed so that payment is received on the
same day that the funds are dispersed for direct project costs and/or the proportionate
share of any allowable indirect costs. If same–day transfers are not feasible, advance
payments must be as close to actual disbursements as administratively feasible.
3. Requesting Reimbursement. Requests for reimbursements must be submitted via
the ASAP system. Requests for reimbursement should coincide with normal billing
patterns. Each request must be limited to the amount of disbursements made for the
Federal share of direct project costs and the proportionate share of allowable indirect
costs incurred during that billing period.
4. Adjusting Payment Requests for Available Cash. Funds that are available from
repayments to, and interest earned on, a revolving fund, program income, rebates,
refunds, contract settlements, audit recoveries, credits, discounts, and interest earned
on any of those funds must be disbursed before requesting additional cash payments.
5. Bank Accounts. All payments are made through electronic funds transfer to the bank
account identified in the ASAP system by the FA Recipient.
6. Supporting Documents and Agency Approval of Payments. Additional supporting
documentation and prior NPS approval of payments may be required when/if a FA
Recipient is determined to be “high risk” or has performance issues. If prior Agency
payment approval is in effect for an award, the ASAP system will notify the FA
6
Recipient when they submit a request for payment. The Recipient must then notify
the NPS AO that a payment request has been submitted. The NPS AO may request
additional information from the Recipient to support the payment request prior to
approving the release of funds, as deemed necessary. The FA Recipient is required to
comply with these requests. Supporting documents may include invoices, copies of
contracts, vendor quotes, and other expenditure explanations that justify the
reimbursement requests.
C. Any award beyond the current fiscal year is subject to availability of funds; funds may be
provided in subsequent fiscal years if project work is satisfactory and funding is
available.
D. Expenses charged against awards under the Agreement may not be incurred prior to the
beginning of the Agreement and may be incurred only as necessary to carry out the
approved objectives, scope of work and budget with prior approval from the NPS AO.
The Recipient shall not incur costs or obligate funds for any purpose pertaining to the
operation of the project, program, or activities beyond the expiration date stipulated in the
award.
E. Any non–Federal share, whether in cash or in–kind, is expected to be paid out at the same
general rate as the Federal share. Exceptions to this requirement may be granted by the
AO based on sufficient documentation demonstrating previously determined plans for or
later commitment of cash or in–kind contributions. In any case, the Recipient must meet
their cost share commitment over the life of the award.
ARTICLE XIII – PRIOR APPROVAL
The Recipient shall obtain prior approval for budget and program revisions, in accordance with 2
CFR § 200.308.
ARTICLE XIV – REPORTS AND/OR OUTPUTS/OUTCOMES
A. Refer to the last page of the Notice of Award document for Federal Financial reporting
frequency and due dates. Performance reports are also required at the same reporting
frequency and due dates as the FFR. Reports must be submitted through the Grant
Solutions "Manage Report" functionality.
B. A final Performance Report and a final Federal Financial Report will be due 120 days
after the end-date of the Term of Agreement. If the recipient does not submit the final
report before the required due date, NPS is required to submit a finding of non-
compliance to the Federal Awardee Performance and Integrity Information System
(FAPIIS). Each report shall be submitted as described above.
C. The Secretary of the Interior and the Comptroller General of the United States, or their
duly authorized representatives, will have access, for the purpose of financial or
7
programmatic review and examination, to any books, documents, papers, and records that
are pertinent to the Agreement at all reasonable times during the period of retention in
accordance with 2 CFR § 200.333.
D. Refer to the LWCF Manual Chapter 7.G.3 for the documentation required to close out an
LWCF grant.
ARTICLE XV – PROPERTY UTILIZATION
Property management standards set forth in 2 CFR §§ 200.310 through 200.316 applies to this
Agreement.
ARTICLE XVI – MODIFICATION, REMEDIES FOR NONCOMPLIANCE,
TERMINATION
A. This Agreement may be modified at any time, prior to the expiration date, only by a
written instrument executed by both parties. Modifications will be in writing and
approved by the NPS Awarding Officer and the authorized representative of Recipient.
B. Additional conditions may be imposed by NPS if it is determined that the Recipient is
noncompliant to the terms and conditions of this agreement. Remedies for
Noncompliance can be found in 2 CFR § 200.339 and the LWCF General Provisions in
Attachment A.
C. This Agreement may be terminated consistent with applicable termination provisions for
Agreements found in 2 CFR §§ 200.340 through 200.343.
ARTICLE XVII – REPORTING OF MATTERS RELATED TO RECIPIENT
INTEGRITY AND PERFORMANCE
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
8
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 fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
3) 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 $5,000 or more; or reimbursement, restitution, or damages in excess of
$100,000; or
4) 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
acknowledgment of fault on your part; and
iii. 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.
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.
9
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.
ARTICLE XVIII – FUNDING USED FOR THE PURCHASE AND OPERATION OF
UNMANNED AIRCRAFT SYSTEMS (UAS)
If Federal funding is provided to a State, local, tribal, or territorial government for the purchase
or use of UAS for their operations, the recipient must have in place policies and procedures to
safeguard individuals' privacy, civil rights, and civil liberties prior to expending such funds.
Per the policy memorandum issued by National Park Service Director, dated June 19, 2014, the
launching , landing, and operating of unmanned aircraft, that is not under the control of the
Federal government, on lands and waters administered by the National Park Service is prohibited
unless approval is received from the Associate Director for such purposes as:
Scientific study, search and rescue operations, fire operations, and law enforcement.
Administrative use includes the use of unmanned aircraft by
(i) NPS personnel as operators or crew;
(ii) cooperators such as government agencies and universities that conduct unmanned
aircraft operations for the NPS pursuant to a written agreement; and
(iii) other entities, including commercial entities, conducting unmanned aircraft
operations for the NPS, provided such entities are in compliance with all applicable
FAA and Department of the Interior requirements.
ARTICLE XIX - PATENTS AND INVENTIONS (37 C.F.R. Part 401)
Recipients of agreements which support experimental, developmental, or research work shall be
subject to applicable regulations governing patents and inventions, including the government-
wide regulations issued by the Department of Commerce at 37 CFR § 401, Rights to Inventions
Made by Non-profit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements. These regulations do not apply to any agreement made
primarily for educational purposes.
In accordance with 37 C.F.R. § 401.3(a), the provision at 37 C.F.R. § 401.14(a), with authorized
modifications for the National Park Service, is hereby included in this agreement:
(a) Definitions
10
(1) Invention means any invention or discovery which is or may be patentable or otherwise
protectable under Title 35 of the United States Code, or any novel variety of plant which is or
may be protected under the Plant Variety Protection Act (7 U.S.C. § 2321 et seq.).
(2) Subject invention means any invention of the recipient conceived or first actually reduced to
practice in the performance of work under this agreement, provided that in the case of a variety
of plant, the date of determination (as defined in section 41(d) of the Plant Variety Protection
Act, 7 U.S.C. § 2401(d)) must also occur during the period of agreement performance.
(3) Practical Application means to manufacture in the case of a composition or product, to
practice in the case of a process or method, or to operate in the case of a machine or system; and,
in each case, under such conditions as to establish that the invention is being utilized and that its
benefits are, to the extent permitted by law or government regulations, available to the public on
reasonable terms.
(4) Made when used in relation to any invention means the conception or first actual reduction to
practice of such invention.
(5) Small Business Firm means a small business concern as defined at section 2 of Public Law.
85‑536 (15 U.S.C. § 632) and implementing regulations of the Administrator of the Small
Business Administration. For the purpose of this provision, the size standards for small business
concerns involved in government procurement and subcontracting at 13 CFR § 121.3‑8 and 13
CFR § 121.3‑12, respectively, will be used.
(6) Nonprofit Organization means a university or other institution of higher education or an
organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26
U.S.C. § 501(c) and exempt from taxation under section 501(a) of the Internal Revenue Code (25
U.S.C. § 501(a)) or any nonprofit scientific or educational organization qualified under a state
nonprofit organization statute.
(b) Allocation of Principal Rights.
The Recipient may retain the entire right, title, and interest throughout the world to each subject
invention subject to this provision and 35 U.S.C. § 203. With respect to any subject invention in
which the Recipient retains title, the Federal government shall have a nonexclusive,
nontransferable, irrevocable, paid‑up license to practice or have practiced for or on behalf of the
United States the subject invention throughout the world.
(c) Invention Disclosure, Election of Title and Filing of Patent Application by Recipient
(1) The Recipient will disclose each subject invention to the National Park Service within two
months after the inventor discloses it in writing to Recipient personnel responsible for patent
matters. The disclosure to the National Park Service shall be in the form of a written report and
shall identify the agreement under which the invention was made and the inventor(s). It shall be
sufficiently complete in technical detail to convey a clear understanding to the extent known at
the time of the disclosure, of the nature, purpose, operation, and the physical, chemical,
11
biological or electrical characteristics of the invention. The disclosure shall also identify any
publication, on sale or public use of the invention and whether a manuscript describing the
invention has been submitted for publication and, if so, whether it has been accepted for
publication at the time of disclosure. In addition, after disclosure to the National Park Service,
the Recipient will promptly notify the National Park Service of the acceptance of any manuscript
describing the invention for publication or of any on sale or public use planned by the Recipient.
(2) The Recipient will elect in writing whether or not to retain title to any such invention by
notifying the National Park Service within two years of disclosure to the National Park Service.
However, in any case where publication, on sale or public use has initiated the one year statutory
period wherein valid patent protection can still be obtained in the United States, the period for
election of title may be shortened by the National Park Service to a date that is no more than 60
days prior to the end of the statutory period.
(3) The Recipient will file its initial patent application on a subject invention to which it elects to
retain title within one year after election of title or, if earlier, prior to the end of any statutory
period wherein valid patent protection can be obtained in the United States after a publication, on
sale, or public use. The Recipient will file patent applications in additional countries or
international patent offices within either ten months of the corresponding initial patent
application or six months from the date permission is granted by the Commissioner of Patents
and Trademarks to file foreign patent applications where such filing has been prohibited by a
Secrecy Order.
(4) Requests for extension of the time for disclosure, election, and filing under subparagraphs
(1), (2), and (3) may, at the discretion of the National Park Service, be granted.
(d) Conditions When the Government May Obtain Title.
The Recipient will convey to the National Park Service, upon written request, title to any subject
inventions
(1) If the Recipient fails to disclose or elect title to the subject invention within the times
specified in (c), above, or elects not to retain title; provided that the National Park Service may
only request title within 60 days after learning of the failure of the Recipient to disclose or elect
within the specified times.
(2) In those countries in which the Recipient fails to file patent applications within the times
specified in (c) above; provided, however, that if the Recipient has filed a patent application in a
country after the times specified in (c) above, but prior to its receipt of the written request of the
National Park Service, the Recipient shall continue to retain title in that country.
(3) In any country in which the Recipient decides not to continue the prosecution of any
application for, to pay the maintenance fees on, or defend in reexamination or opposition
proceeding on, a patent on a subject invention.
(e) Minimum Rights to Recipient and Protection of the Recipient Right to File
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(1) The Recipient will retain a nonexclusive royalty‑free license throughout the world in each
subject invention to which the Government obtains title, except if the Recipient fails to disclose
the invention within the times specified in (c), above. The Recipient's license extends to its
domestic subsidiary and affiliates, if any, within the corporate structure of which the Recipient is
a party and includes the right to grant sublicenses of the same scope to the extent the Recipient
was legally obligated to do so at the time the agreement was awarded. The license is transferable
only with the approval of the National Park Service except when transferred to the successor of
that party of the Recipient's business to which the invention pertains.
(2) The Recipient's domestic license may be revoked or modified by the National Park Service to
the extent necessary to achieve expeditious practical application of the subject invention pursuant
to an application for an exclusive license submitted in accordance with applicable provisions at
37 CFR Part 404 and the National Park Service licensing regulations (if any). This license will
not be revoked in that field of use or the geographical areas in which the Recipient has achieved
practical application and continues to make the benefits of the invention reasonably accessible to
the public. The license in any foreign country may be revoked or modified at the discretion of
the National Park Service to the extent the Recipient, its licensees, or the domestic subsidiaries
or affiliates have failed to achieve practical application in that foreign country.
(3) Before revocation or modification of the license, the National Park Service will furnish the
Recipient a written notice of its intention to revoke or modify the license, and the Recipient will
be allowed thirty days (or such other time as may be authorized by the National Park Service for
good cause shown by the Recipient) after the notice to show cause why the license should not be
revoked or modified. The Recipient has the right to appeal, in accordance with applicable
regulations in 37 CFR Part 404 and National Park Service regulations (if any) concerning the
licensing of Government‑owned inventions, any decision concerning the revocation or
modification of the license.
(f) Recipient Action to Protect the Government's Interest
(1) The Recipient agrees to execute or to have executed and promptly deliver to the National
Park Service all instruments necessary to
(i) establish or confirm the rights the Government has throughout the world in those subject
inventions to which the Recipient elects to retain title, and
(ii) convey title to the National Park Service when requested under paragraph (d) above and to
enable the government to obtain patent protection throughout the world in that subject invention.
(2) The Recipient agrees to require, by written agreement, its employees, other than clerical and
non-technical employees, to disclose promptly in writing to personnel identified as responsible
for the administration of patent matters and in a format suggested by the Recipient each subject
invention made under agreement in order that the Recipient can comply with the disclosure
provisions of paragraph (c), above, and to execute all papers necessary to file patent applications
on subject inventions and to establish the government's rights in the subject inventions. This
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disclosure format should require, as a minimum, the information required by (c)(1), above. The
Recipient shall instruct such employees through employee agreements or other suitable
educational programs on the importance of reporting inventions in sufficient time to permit the
filing of patent applications prior to U.S. or foreign statutory bars.
(3) The Recipient will notify the National Park Service of any decisions not to continue the
prosecution of a patent application, pay maintenance fees, or defend in a reexamination or
opposition proceeding on a patent, in any country, not less than thirty days before the expiration
of the response period required by the relevant patent office.
(4) The Recipient agrees to include, within the specification of any United States patent
applications and any patent issuing thereon covering a subject invention, the following statement,
“This invention was made with government support under (identify the agreement) awarded by
(identify the Federal agency). The government has certain rights in the invention.”
(g) Subcontracts. The Recipient will include this provision, suitably modified to identify the
parties, in all sub-agreements or subcontracts, regardless of tier, for experimental, developmental
or research work. The sub-recipient or subcontractor will retain all rights provided for the
Recipient in this provision, and the Recipient will not, as part of the consideration for awarding
the sub-agreement or subcontract, obtain rights in the sub-recipient's or subcontractor's subject
inventions.
(h) Reporting on Utilization of Subject Inventions. The Recipient agrees to submit on request
periodic reports no more frequently than annually on the utilization of a subject invention or on
efforts at obtaining such utilization that are being made by the Recipient or its licensees or
assignees. Such reports shall include information regarding the status of development, date of
first commercial sale or use, gross royalties received by the Recipient, and such other data and
information as the National Park Service may reasonably specify. The Recipient also agrees to
provide additional reports as may be requested by the National Park Service in connection with
any march‑in proceeding undertaken by the National Park Service in accordance with paragraph
(j) of this provision. As required by 35 U.S.C. § 202(c)(5), the National Park Service agrees it
will not disclose such information to persons outside the government without permission of the
Recipient.
(i) Preference for United States Industry. Notwithstanding any other part of this provision,
the Recipient agrees that neither it nor any assignee will grant to any person the exclusive right
to use or sell any subject inventions in the United States unless such person agrees that any
products embodying the subject invention or produced through the use of the subject invention
will be manufactured substantially in the United States. However, in individual cases, the
requirement for such an agreement may be waived by the National Park Service upon a showing
by the Recipient or its assignee that reasonable but unsuccessful efforts have been made to grant
licenses on similar terms to potential licensees that would be likely to manufacture substantially
in the United States or that under the circumstances domestic manufacture is not commercially
feasible.
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(j) March‑in Rights. The Recipient agrees that with respect to any subject invention in which it
has acquired title, the National Park Service has the right in accordance with the procedures in 37
CFR § 401.6 and any supplemental regulations of the National Park Service to require the
Recipient, an assignee or exclusive licensee of a subject invention to grant a nonexclusive,
partially exclusive, or exclusive license in any field of use to a responsible applicant or
applicants, upon terms that are reasonable under the circumstances, and if the Recipient,
assignee, or exclusive licensee refuses such a request the National Park Service has the right to
grant such a license itself if the National Park Service determines that:
(1) Such action is necessary because the Recipient or assignee has not taken, or is not expected to
take within a reasonable time, effective steps to achieve practical application of the subject
invention in such field of use.
(2) Such action is necessary to alleviate health or safety needs, which are not reasonably satisfied
by the Recipient, assignee or their licensees;
(3) Such action is necessary to meet requirements for public use specified by Federal regulations
and such requirements are not reasonably satisfied by the Recipient, assignee or licensees; or
(4) Such action is necessary because the agreement required by paragraph (i) of this provision
has not been obtained or waived or because a licensee of the exclusive right to use or sell any
subject invention in the United States is in breach of such agreement.
(k) Special Provisions for Agreements with Nonprofit Organizations.
If the Recipient is a nonprofit organization, it agrees that:
(1) Rights to a subject invention in the United States may not be assigned without the approval of
the National Park Service, except where such assignment is made to an organization which has
as one of its primary functions the management of inventions, provided that such assignee will
be subject to the same provisions as the Recipient;
(2) The Recipient will share royalties collected on a subject invention with the inventor,
including Federal employee co‑inventors (when the National Park Service deems it appropriate)
when the subject invention is assigned in accordance with 35 U.S.C. § 202(e) and 37 CFR §
401.10;
(3) The balance of any royalties or income earned by the Recipient with respect to subject
inventions, after payment of expenses (including payments to inventors) incidental to the
administration of subject inventions, will be utilized for the support of scientific research or
education; and
(4) It will make efforts that are reasonable under the circumstances to attract licensees of subject
invention that are small business firms and that it will give a preference to a small business firm
when licensing a subject invention if the Recipient determines that the small business firm has a
plan or proposal for marketing the invention which, if executed, is equally as likely to bring the
15
invention to practical application as any plans or proposals from applicants that are not small
business firms; provided, that the Recipient is also satisfied that the small business firm has the
capability and resources to carry out its plan or proposal. The decision whether to give a
preference in any specific case will be at the discretion of the Recipient. However, the
Recipient agrees that the National Park Service may review the Recipient's licensing program
and decisions regarding small business applicants, and the Recipient will negotiate changes to its
licensing policies, procedures, or practices with the National Park Service when this review
discloses that the Recipient could take reasonable steps to implement more effectively the
requirements of this paragraph (k)(4).
(l) Communication. Communications regarding matters relating to this provision shall be
directed to the Deputy Associate Solicitor, Branch of Procurements and Patents, Office of the
Solicitor, U.S. Department of the Interior, 1849 C Street NW, Washington, D.C. 20240.
ARTICLE XX - STRENGTHENING BUY-AMERICAN PREFERENCES FOR
INFRASTRUCTURE PROJECTS PER E.O. 113858
Per Executive Order 113858, entitled "Strengthening Buy-American Preferences for
Infrastructure Projects" the Recipient shall maximize, consistent with law, the use of iron and
steel goods, products, and materials produced in the United States, for infrastructure projects as
defined by the Executive Order when the statement of work includes alteration, construction,
conversion, demolition, extension, improvement, maintenance, reconstruction, rehabilitation, or
repair.
ARTICLE XXI - SECTION 508 OF THE REHABILITATION ACT OF 1973 (29 U.S.C. §
794 (d))
While the requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
§ 794d), do not apply to financial assistance agreements, the NPS is subject to the Act's
requirements that all documents posted on an NPS or NPS-hosted website comply with the
accessibility standards of the Act. Accordingly, final deliverable reports prepared under this
agreement and submitted in electronic format must be submitted in a format whereby NPS can
easily meet the requirements of Section 508 of the Rehabilitation Act of 1973, as
amended. NOTE: Quarterly Progress Reports and financial reports are not considered final
deliverables and therefore the following requirements do not apply.
All electronic documents prepared under this Agreement must meet the requirements of
Section 508 of the Rehabilitation Act of 1973, as amended. The Act requires that all electronic
products prepared for the Federal Government be accessible to persons with disabilities,
including those with vision, hearing, cognitive, and mobility impairments. View Section 508 of
the Rehabilitation Act, Standards and Guidelines for detailed information.
The following summarizes some of the requirements for preparing NPS reports in conformance
with Section 508 for eventual posting by NPS to an NPS-sponsored website. For specific
detailed guidance and checklists for creating accessible digital content, please go
to Section508.gov, Create Accessible Digital Products. All accessible digital content must
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conform to the requirements and techniques of the Web Content Accessibility Guidelines
(WCAG) 2.0 or later, Level AA Success Criteria.
a. Electronic documents with images
Provide a text equivalent for every non-text element (including photographs, charts and
equations) in all publications prepared in electronic format. Use descriptions such as "alt"
and "longdesc" for all non-text images or place them in element content. For all
documents prepared, vendors must prepare one standard HTML format as described in
this statement of work AND one text format that includes descriptions for all non-text
images. "Text equivalent" means text sufficient to reasonably describe the image. Images
that are merely decorative require only a very brief "text equivalent" description.
However, images that convey information that is important to the content of the report
require text sufficient to reasonably describe that image and its purpose within the
context of the report.
b. Electronic documents with complex charts or data tables
When preparing tables that are heavily designed, prepare adequate alternate information
so that assistive technologies can read them out. Identify row and column headers for
data tables. Provide the information in a non-linear form. Markups will be used to
associate data cells and header cells for data tables that have two or more logical levels of
row and column headers.
c. Electronic documents with forms
When electronic forms are designed to be completed on-line, the form will allow people
using assistive technology to access the information, field elements, and functionality
required for completion and submission of the form, including all directions and cues.
ARTICLE XXII - GENERAL AND SPECIAL PROVISIONS
1. Lobbying Prohibition. 18 U.S.C. § 1913, Lobbying with Appropriated Moneys, as
amended by Public Law 107–273, Nov. 2, 2002 Violations of this section shall constitute
violations of section 1352(a) of title 31. In addition, the related restrictions on the use of
appropriated funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008
(P.L. 110–161) also apply.
2. 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 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.
3. Minority Business Enterprise Development. Pursuant to Executive Order 12432 it is
national policy to award a fair share of contracts to small and minority firms. NPS is
strongly committed to the objectives of this policy and encourages all recipients of its
Cooperative Agreements to take affirmative steps to ensure such fairness by ensuring
procurement procedures are carried out in accordance with the Executive Order.
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4. Assignment. No part of this Agreement shall be assigned to any other party without prior
written approval of the NPS and the Assignee.
5. Member of Congress. Pursuant to 41 U.S.C. § 22, no Member of Congress shall be
admitted to any share or part of any contract or agreement made, entered into, or adopted
by or on behalf of the United States, or to any benefit to arise thereupon.
6. Agency. The Recipient is not an agent or representative of the United States, the
Department of the Interior, or the NPS, nor will the Recipient represent itself as such to
third parties. NPS employees are not agents of the Recipient and will not act on behalf of
the Recipient.
7. Non–Exclusive Agreement. This Agreement in no way restricts the Recipient or NPS
from entering into similar agreements, or participating in similar activities or
arrangements, with other public or private agencies, organizations, or individuals.
8. Partial Invalidity. If any provision of this Agreement or the application thereof to any
party or circumstance shall, to any extent, be held invalid or unenforceable, the remainder
of this Agreement or the application of such provision to the parties or circumstances
other than those to which it is held invalid or unenforceable, shall not be affected thereby
and each provision of this Agreement shall be valid and be enforced to the fullest extent
permitted by law.
9. No Employment Relationship. This Agreement is not intended to and shall not be
construed to create an employment relationship between NPS and Recipient or its
representatives. No representative of Recipient shall perform any function or make any
decision properly reserved by law or policy to the Federal government.
10. No Third–Party Rights. This Agreement creates enforceable obligations between only
NPS and Recipient. Except as expressly provided herein, it is not intended nor shall it be
construed to create any right of enforcement by or any duties or obligation in favor of
persons or entities not a party to this Agreement.
11. Program Income. If the Recipient earns program income, as defined in 2 CFR § 200.80,
during the period of performance of this agreement, to the extent available the Recipient
must disburse funds available from program income, and interest earned on such funds,
before requesting additional cash payments (2 CFR § 200.305 (5)). As allowed under 2
CFR § 200.307, program income may be added to the Federal award by the Federal
agency and the non-Federal entity. The program income must be used for the purposes,
and under the conditions of, the Federal award. Disposition of program income remaining
after the end of the period of performance shall be negotiated as part of the agreement
closeout process.
12. Rights in Data. The Recipient must grant the United States of America a royalty–free,
non–exclusive and irrevocable license to publish, reproduce and use, and dispose of in
18
any manner and for any purpose without limitation, and to authorize or ratify publication,
reproduction or use by others, of all copyrightable material first produced or composed
under this Agreement by the Recipient, its employees or any individual or concern
specifically employed or assigned to originate and prepare such material.
13. Conflict of Interest
(a) Applicability.
(1) This section intends to ensure that non-Federal entities and their employees
take appropriate steps to avoid conflicts of interest in their responsibilities
under or with respect to Federal financial assistance agreements.
(2) In the procurement of supplies, equipment, construction, and services by
recipients and by subrecipients, the conflict of interest provisions in 2 CFR §
200.318 apply.
(b) Requirements.
(1) Non-Federal entities must avoid prohibited conflicts of interest, including any
significant financial interests that could cause a reasonable person to question
the recipient's ability to provide impartial, technically sound, and objective
performance under or with respect to a Federal financial assistance agreement.
(2) In addition to any other prohibitions that may apply with respect to conflicts of
interest, no key official of an actual or proposed recipient or subrecipient, who
is substantially involved in the proposal or project, may have been a former
Federal employee who, within the last one (1) year, participated personally and
substantially in the evaluation, award, or administration of an award with
respect to that recipient or subrecipient or in development of the requirement
leading to the funding announcement.
(3) No actual or prospective recipient or subrecipient may solicit, obtain, or use
non-public information regarding the evaluation, award, or administration of
an award to that recipient or subrecipient or the development of a Federal
financial assistance opportunity that may be of competitive interest to that
recipient or subrecipient.
(c) Notification.
(1) Non-Federal entities, including applicants for financial assistance awards, must
disclose in writing any conflict of interest to the DOI awarding agency or pass-
through entity in accordance with 2 CFR § 200.112, Conflicts of interest.
(d) Recipients must establish internal controls that include, at a minimum, procedures
to identify, disclose, and mitigate or eliminate identified conflicts of interest. The
recipient is responsible for notifying the Financial Assistance Officer in writing of
19
any conflicts of interest that may arise during the life of the award, including those
that have been reported by subrecipients. Restrictions on Lobbying. Non-Federal
entities are strictly prohibited from using funds under this grant or cooperative
agreement for lobbying activities and must provide the required certifications and
disclosures pursuant to 43 CFR Part 18 and 31 USC § 1352.
(e) Review Procedures. The Financial Assistance Officer will examine each conflict of
interest disclosure on the basis of its particular facts and the nature of the proposed
grant or cooperative agreement, and will determine whether a significant potential
conflict exists and, if it does, develop an appropriate means for resolving it.
(f) Enforcement. 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 for Noncompliance, including suspension or debarment (see also 2 CFR
Part 180).
ARTICLE XXIII – SIGNATURES
Recipients are NOT required to sign the Notice of Financial Assistance Award letter or any other
award document. As per DOI standard award terms and conditions, the recipient's acceptance of
a financial assistance award is defined as the start of work, drawing down funds, or accepting the
award via electronic means.
ARTICLE XXIV – ATTACHMENTS
The following completed documents are attached to and made a part of this Agreement by
reference:
Attachment A. LWCF General Provisions
Attachment B. LWCF Federal Financial Assistance Manual (v. 71, March 11, 2021)
Attachment C. SF–424 – Application for Federal Assistance
Attachment D. SF-424C – Budget Information for Construction Programs
Attachment E. SF–424D – Assurances for Construction Programs
Attachment F. Project Application and Attachments
Attachment G. 36 C.F.R. Part 59
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ATTACHMENT A
LWCF GENERAL PROVISIONS
Part I – Definitions
A. The term "NPS" as used herein means the National Park Service, United States Department
of the Interior (DOI).
B. The term "Director" as used herein means the Director of the National Park Service, or any
representative lawfully delegated the authority to act for such Director.
C. The term "Secretary" as used herein means the Secretary of the Interior, or any representative
lawfully delegated the authority to act for such Secretary.
D. The term "State" as used herein means the State, Territory, or District of Columbia that is a
party to the grant agreement to which these general provisions are attached, and, when
applicable, the political subdivision or other public agency to which funds are to be
subawarded pursuant to this agreement. Wherever a term, condition, obligation, or
requirement refers to the State, such term, condition, obligation, or requirement shall also
apply to the political subdivision or public agency, except where it is clear from the nature of
the term, condition, obligation, or requirement that it applies solely to the State. For
purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed
synonymous.
E. The term “Land and Water Conservation Fund” or “LWCF” as used herein means the
Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat 897,
codified at 54 U.S.C. § 2003), which is administered by the NPS.
F. The term "Manual" as used herein means the Land and Water Conservation Fund State
Assistance Program Manual, Volume 71 (March 11, 2021).
G. The term "project" as used herein refers to an LWCF grant, which is subject to the grant
agreement and/or its subsequent amendments.
Part II - Continuing Assurances
The parties to the grant agreement specifically recognize that accepting LWCF assistance for the
project creates an obligation to maintain the property described in the agreement and supporting
application documentation consistent with the LWCF Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance
will use the monies granted hereunder for the purposes of this program, and that assistance
granted from the LWCF will result in a net increase, commensurate at least with the Federal
cost-share, in a participant's outdoor recreation.
It is intended by both parties hereto that the LWCF assistance will be added to, rather than
replace or be substituted for, the State and/or local outdoor recreation funds.
2
A. The State agrees, as the recipient of the LWCF assistance, that it will meet these LWCF
General Provisions, and the terms and provisions as contained or referenced in, or attached
to, the NPS grant agreement and that it will further impose these terms and provisions upon
any political subdivision or public agency to which funds are subawarded pursuant to the
grant agreement. The State also agrees that it shall be responsible for compliance with the
terms and provisions of the 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 State to comply.
B. The State agrees that the property described in the grant agreement and depicted on the
signed and dated project boundary map made part of that agreement is being acquired or
developed with LWCF assistance, or is integral to such acquisition or development, and that,
without the approval of the Secretary, 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 property leased from a federal agency. The Secretary shall
approve such a conversion only if it is found to be in accord with the then existing statewide
comprehensive outdoor recreation plan and only upon such conditions deemed necessary to
assure the substitution of other recreation properties of at least equal fair market value and of
reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post-
completion compliance regulations at 36 C.F.R. Part 59 provide further requirements. The
replacement land then becomes subject to LWCF protection. The approval of a conversion
shall be at the sole discretion of the Secretary, or her/his designee.
Prior to the completion of this project, the State and the Director may mutually agree to alter
the area described in the grant agreement and depicted in the signed and dated project
boundary map to provide the most satisfactory public outdoor recreation unit, except that
acquired parcels are afforded LWCF protection as soon as reimbursement is provided.
In the event the NPS 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 use as a result of
such right or interest being exercised will occur. In receipt of this approval, the State agrees
to notify the NPS of the potential conversion as soon as possible and to seek approval of
replacement property in accord with the conditions set forth in these provisions and the
program regulations. The provisions of this paragraph are also applicable to: leased
properties 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 NPS; and
properties subject to other outstanding rights and interests that may result in a conversion
when known and agreed to by the NPS.
C. The State agrees that the benefit to be derived by the United States from the full compliance
by the State with the terms of this agreement is the preservation, protection, and the net
increase in the quality and quantity of public outdoor recreation facilities and resources that
are available to the people of the State and of the United States, and such benefit exceeds to
an immeasurable and unascertainable extent the amount of money furnished by the United
States by way of assistance under the terms of this agreement. The State agrees that payment
by the State to the United States of an amount equal to the amount of assistance extended
3
under this agreement by the United States would be inadequate compensation to the United
States for any breach by the State of this agreement.
The State further agrees, therefore, that the appropriate remedy in the event of a breach by
the State of this agreement shall be the specific performance of this agreement or the
submission and approval of a conversion request as described in Part II.B above.
D. The State 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 the grant agreement.
E. The State agrees that the property and facilities described in the grant agreement shall be
operated and maintained as prescribed by Manual requirements and published post-
completion compliance regulations (36 C.F.R Part 59).
F. The State agrees that a notice of the grant agreement 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 the grant agreement and
the signed and dated project boundary map made part of that 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 Secretary as described in Part II.B above.
G. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal
laws relating to nondiscrimination as outlined in Section V of the Department of the
Interior Standard Award Terms and Conditions.
2. The State 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 54 U.S.C. § 200305(i) and the Manual.
Part III - Project Assurances
A. Project Application
1. The Application for Federal Assistance bearing the same project number as the Grant
Agreement and associated documents is by this reference made a part of the agreement.
2. The State 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 State to act in connection with the application and to provide
such additional information as may be required.
3. The State 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.
4
B. Project Execution
1. The State shall transfer to the project sponsor identified in the Application for Federal
Assistance all funds granted hereunder except those reimbursed to the State to cover
eligible expenses derived from a current approved negotiated indirect cost rate
agreement.
2. The State 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 State 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.
4. The State will provide for and maintain competent and adequate architectural/engineering
supervision and inspection at the construction site to insure that the completed work
conforms with the approved plans and specifications; that it will furnish progress reports
and such other information as the NPS may require.
5. In the event the project cannot be completed in accordance with the plans and
specifications for the project, the State shall bring the project to a point of recreational
usefulness agreed upon by the State and the Director or her/his designee in accord with
Section III.C below.
6. As referenced in the DOI Standard Terms and Conditions, the State will ensure the
project’s compliance with applicable federal laws and their implementing regulations,
including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI’s Section 504
Regulations (43 CFR Part 17); the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646) and applicable regulations; and the Flood
Disaster Protection Act of 1973 (P.L. 93-234).
7. The State will comply with the provisions of: Executive Order (EO) 11988, relating to
evaluation of flood hazards; EO 11288, relating to the prevention, control, and abatement
or water pollution, and EO 11990 relating to the protection of wetlands.
8. The State will assist the NPS in its compliance with Section 106 of the National Historic
Preservation Act of 1966 (54 U.S.C. § 306108) and the Advisory Council on Historic
Preservation regulations (36 C.F.R. Part 800) by adhering to procedural requirements
while considering the effect of this grant award on historic properties. The Act requires
federal agencies to take into account the effects of their undertaking (grant award) on
historic properties by following the process outlined in regulations. That process includes
(1) initiating the process through consultation with the State Historic Preservation Officer
and others on the undertaking, as necessary, by (2) identifying historic properties listed
on or eligible for inclusion on the National Register of Historic Places that are subject to
effects by the undertaking, and notifying the NPS of the existence of any such properties,
by (3) assessing the effects of the undertaking upon such properties, if present, and by (4)
5
resolving adverse effects through consultation and documentation according to 36 C.F.R.
§800.11. If an unanticipated discovery is made during implementation of the undertaking,
the State in coordination with NPS shall consult per provisions of 36 C.F.R. §800.13.
9. The State will assist the NPS in its compliance with the National Environmental Policy
Act of 1969, as amended (42 U.S.C. §4321 et seq) and the CEQ regulations (40 C.F.R.
§1500-1508), by adhering to procedural requirements while considering the
consequences of this project on the human environment. This Act requires Federal
agencies to take into account the reasonably foreseeable environmental consequences of
all grant-supported activities. Grantees are required to provide the NPS with a description
of any foreseeable impacts to the environment from grant-supported activities or
demonstrate that no impacts will occur through documentation provided to the NPS. The
applicant must submit an Application & Revision Form in order to assist the NPS in
determining the appropriate NEPA pathway when grant-assisted development and other
ground disturbing activities are expected. If a Categorical Exclusion (CE) is the
appropriate NEPA pathway, the NPS will confirm which CE, according to NPS
Director's Order 12, applies.
C. Project Termination
1. The Director may temporarily suspend Federal assistance under the project pending
corrective action by the State or pending a decision to terminate the grant by the NPS.
2. The State 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 State only by mutual agreement with the NPS.
3. The Director 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 Director will promptly notify the State in writing of the
determination and the reasons for the termination, together with the effective date.
Payments made to States or recoveries by the NPS under projects terminated for cause
shall be in accord with the legal rights and liabilities of the parties.
4. The Director or State 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 NPS may allow full credit to the State for
the 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 State and the Director or
that all funds provided by the NPS be returned.
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D. Project Closeout
1. The State will determine that all applicable administrative actions, including financial,
and all required work as described in the grant agreement has been completed by the end
of the project’s period of performance.
2. Within 120 calendar days after completing the project or following the Expiration Date of
the period of performance, whichever comes first, the State will submit all required
documentation as outlined in the Manual and the Federal Financial Report (SF-425) as
outlined in Article XIV of this Agreement for approval by the NPS prior to requesting
final reimbursement.
3. After review, including any adjustments, and approval from the NPS, the State will
request through ASAP the final allowable payment of reimbursable costs. The State will
submit a completed “LWCF Record of Electronic Payment” form to the NPS within 24
hours (before or after) of initiating the request for payment in ASAP.
4. The NPS retains the right to disallow costs and recover funds on the basis of later audit or
other review within the record retention period.
Proposed Federal Action:
National Park Service
U.S. Department of the Interior
State and Local Assistance Programs
Approval of a Land and Water Conservation Fund grant to partially fund the development of Fort Worth -
Nature Center and Refuge through the installment of a marshland boardwalk, a solar-powered restroom, soft
loop trail and interpretive signs, picnic area with amenities; renovate hard trails and parking areas, remove
invasive plants and restore native vegetation.
Categorical Exclusion
On the basis of the environmental impact information in the LWCF grant file, including the public
and agency involvement documented on the associated Proposal Description and Environmental
Screening Form, I am categorically excluding the described project from further NEPA analysis.
The action is fully described in NPS DO-12, Section 3.3 F(3) which states:
(F3) Grants for replacement or renovation of facilities at their same location without altering the
kind and amount of recreational, historical, or cultural resources of the area, or the integrity of
the existing setting.
None of the exceptional circumstances described in NPS DO-12, Section 3.5 apply to this project.
Roger A. Knowlton, Chief, Recreation Grants Date
Midwest Region
LWCF
48-01193, Fort Worth - Nature Center and Refuge City of Fort Worth, Tarrant County,
Texas
ROGER KNOWLTON Digitally signed by ROGER KNOWLTON
Date: 2021.09.20 19:06:20 -05'00'
IN REPLY REFER TO:
10.B(2550)
United States Department of the Interior
NATIONAL PARK SERVICE
601 Riverfront Drive
Omaha, NE 68102
April 27, 2021
L32(MWR-LWCF)
Mr. Dan Reece
Alternate State Liaison Officer
Texas Parks and Wildlife Department
4200 Smith School Road
Austin, Texas 78744-3291
Dear Mr. Reece:
This letter is in response to your requests for a waiver of retroactivity for the following Texas projects. I
am granting approval for your waiver of retroactive requests to preserve the eligibility of expenses
incurred while the applications for Land and Water Conservation Fund grants are pending.
48-01191, Clear Lake City Water Authority
Exploration Green Project
48-01192, New Braunfels Sports Complex
48-01193, Fort Worth Nature Center & Refuge
48-01194, Duncanville Armstrong Park
48-01197, Cedar Hill Virginia Weaver Park
48-01199, The Colony West Shore Park
48-01200. Haltom City Broadway Park
48-01201, Sulphur Springs Pacific Park
48-01203, Littlefield Aquatic Complex
Retractive costs are not reimbursable or allowable as match under ordinary circumstances. This
developmental waiver of retroactivity is allowable because Tribal consultation has taken place, Section
106 of the National Historic Preservation Act is complete, NEPA requirements have been met and the
National Park Service is currently unable to administratively process this grant in our system.
The start date for the listed grants will be the date of this letter.
Sincerely,
Kelly A. Pearce
Awarding Officer
State & Local Assistance Programs
KELLY
PEARCE
Digitally signed by
KELLY PEARCE
Date: 2021.04.27
12:21:51 -05'00'
TEXAS PARKS AND WILDLIFE DEPARTMENT
City of Fort Worth – Nature Center & Refuge
48-01193
BUDGET NARRATIVE
The project total for the City of Fort Worth, Nature Center & Refuge development project, is
$3,000,000 with a 50% match contribution of $1,500,000. The city is providing match in the amount of
$1,200,000 from applicant funds (cash, labor, equipment and/or materials), and $300,000 from
outside donations.
Professional Services elements total $275,000 and include: Engineering and Design ($275,000).
Construction elements total $2,725,000 and include: Boardwalk ($1,250,000), Site Preparation
($730,000), Parking ($250,000), Nature Trail ($200,000), Restroom ($100,000), Walkways ($75,000),
Interpretive Signage ($50,000), Native Vegetation ($50,000), and Picnic Areas with Amenities
($20,000).
A pre-agreement date of 12/04/2019 is included in the application.
REIMBURSEMENT REQUEST NO.
PERIOD COVERED:
COMPLETED COMPLETED TOTAL
ESTIMATE LAST REQUEST THIS PERIOD COMPLETE
1. PROFESSIONAL SERVICES
Engineering and Design $275,000.00
$
Limited to 12% of Construction Elements
Pre-Award Date: 12/4/2019
2.CONSTRUCTION ELEMENTS
1. Boardwalk $1,250,000.00
2. Site Preparation $730,000.00
3. Parking $250,000.00
4. Nature Trail $200,000.00
5. Restroom $100,000.00
6. Walkways $75,000.00
7. Interpretive Signage $50,000.00
8. Native Vegetation $50,000.00
9. Picnic Areas with Amenities $20,000.00
Construction Cost $2,725,000.00
Less Retainage $0.00
TOTAL CONSTRUCTION $2,725,000.00
3.LAND ACQUISITION
$0.00
$0.00
TOTAL PROJECT COST $3,000,000.00
1,500,000.00$
BUDGET SUMMARY
PROJECT: FORT WORTH - Nature Center and Refuge
PROJECT NUMBER: 48-01193
Match