HomeMy WebLinkAboutContract 29452 CITY SECRETARY
CONTRACT NO. ;
TEXAS PARKS AND WILDLIFE DEPARTMENT
COMMUNITY OUTDOOR OUTREACH PROGRAM AGREEMENT
Project Name and Number: 52-000316 Paschal High School Outdoor Wildscape Classroom
Project Period: TPWD Approval Date to November 15, 2004
Approved State Funds: $8,603.00
PROJECT DESCRIPTION (SCOPE):
• Gravel
• Shovels, hoes, rakes, garden tools
• Wheelbarrow
• Garden hoses
• Soaker hoses with timers
• Trees, plants, shrubs
• GLOBE Program test kit
• Digital Data Collection System
• Binoculars, Field Guides and other educational materials.
For and in consideration of the mutual covenants and benefits hereof, the Texas Parks and Wildlife Department("Department")and the "Sponsor" hereby
contract with respect to the above described project as follows:
1. No work on the project by the Sponsor shall commence until there is a signed contract by both parties is on file with the department.
2. All changes to this agreement must be approved in advance by the Department.
3. The General Provisions attached hereto are hereby made part of this agreement.
4. The Agreement is effective upon execution by the Department.
5. This grant program does not reimburse for indirect costs.
TEXAS PARK AND WILDLIFE DEPARTMENT Cit of Fo Worth Environmental M mt. Dept.
POLI AL SUBDIVISION (SPONSOR)
by L by
Tim Hogsett, Director, Recreation Grants Branch ! FSB'/ LUgTSOA) . rA55 i. �lf`/ /�1�F,�1/kGi'2
(Name and Title) (Namd and Title)
December 15, 2003 /4 161
(Date of Approval) (Date of Approval
r
APPROVED AS TO FORM &-
By
Signature
Title: Asst. City Attorney
ATTEST:
By
Signature
Printed Name: Gloria Pearson
Title: City Secretary
Date:_
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Contract Authorization
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GENERA PROVISIONS
COMMUNITY OUTDOOR OUTREACH PROGRAM PROJECT AGREEMENT
Part I — Definitions
A. The term"Department"as used herein refers to Texas Parks&Wildlife or any representative delegated authority to act on behalf of
the Department.
B. The term "Project"as used herein refers to a single project which is the subject of this project agreement.
C. The term "Sponsor" as used herein refers to the political subdivision or non-profit organization which is party to the project
agreement.
D. The term"COOP"as used herein refers to the Community Outdoor Outreach Program.
Part II — Continuing Assurances
The parties to the project agreement specifically recognize that the COOP assistance project creates an obligation to the following
requirements:
A. The Sponsor agrees that the benefit to be derived by the State of Texas from the full compliance by the Sponsor with the terms of
this agreement is the preservation, protection, and the net increase in the quality of public recreation facilities and resources which
are available to the people of the State, and such benefit exceeds to an immeasurable and unascertainable extent the amount of
money furnished by the State by way of assistance under the terms of this agreement.
B. The Sponsor agrees that a permanent record of the COOP project shall be kept and available for public inspection.
C. Nondiscrimination
The Sponsor shall comply with Title VI of the Civil Rights Act of 1964, which in part,
a) prohibits discriminatory practices resulting in unequal treatment of persons who are or should be benefiting from the grant-
aided program.
b) prohibits discriminating against any person on the basis of residence.
Part III — Project Assurances
A. Applicable Circulars
The State shall comply with applicable regulations, policies, guidelines, and requirements including State Uniform Grant and
Contract Management Act of 1981 (Revised 02/22/90), Federal Office of Management and Budget Circulars A-102 (Uniform
administration requirements for grants-in-aid). OMB A-87 (Cost principles applicable to grants and contracts). It is the
responsibility of the grant Sponsor to have an A-128 Single Audit done annually for the project, when the Sponsor receives
$25,000 or more in grant reimbursement per fiscal year. A copy of this audit will be furnished to the Department within 30 days
after completion of the Sponsor's fiscal year audit.
B. Project Application
1. The Application for State Assistance is by this reference made a part of the agreement.
2. The Sponsor possesses legal authority to apply for the grant and to finance their share of costs. A resolution, or similar
action has been duly adopted or passed authorizing the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person identified as the official representative of the
Sponsor to act in connection with the application and to provide such additional information as may be required.
3. The Sponsor has the ability and intention to finance the non-State share of the costs for the project. .
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C. Project Execution
1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of
retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or
terminated sooner, in which event the project period shall end on the date of completion or termination.
2. The Sponsor will cause work on the project to be commenced within a reasonable time after receipt of notification that funds
have been approved and assure that the project will be prosecuted to completion with reasonable diligence.
3. The Sponsor will require the facility or programs assisted to comply with the minimum requirements for accessibility for the
handicapped in conformance with the Texas Architectural Barriers Act (Article 9102—Texas Civil Statutes), and the Americans
with Disabilities Act of 1990 (PL 101-336). The Sponsor will be responsible for conducting inspections to ensure compliance
with these specifications.
4. The Sponsor shall secure completion of the work and shall secure compliance with all Federal, State, and local laws and
regulations.
5. The Sponsor shall furnish quarterly progress status reports to the Department beginning with the date of approval.
D. Purchases made by the Sponsor shall meet the following requirements:
1. Contracts for purchases in excess of $15,000 shall be awarded through a process of competitive bidding involving formal
advertising, with adequate purchase description, sealed bids, and public openings. Copies of all advertisements, bids, and a
copy of the contract shall be provided by the Department.
2. The Sponsor shall inform all bidders that COOP (State)funds are being used.
3. Written change orders shall be issued for all necessary changes. Such change orders shall be submitted to the Department
for review and, if approved, shall be made a part of the project file and should be kept available for audit.
E. Conflict of interests
1. No official or employee of the State, local government, or non-profit organization who is authorized in his official capacity to
negotiate, make, accept, or approve, or to take part in such decisions regarding a contract purchase or subcontract in
connection with this project shall have any financial or other personal interest in any such contract.
2. No person performing services for the State, local government, or non-profit organization in connection with this project shall
have a financial or other personal interest other than his employment, in any contract purchase, or subcontract in connection
with this project. No officer or employee of such interest is openly disclosed upon the public records of the State, and such
officer, employee or person has not participated in the acquisition for or on behalf of the Sponsor.
F. Project Administration
1. The Sponsor shall promptly submit such reports and documentation as the Department may request.
G. Retention and Custodial Requirements for Records
1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained for a
period of three years after final payment; except the records shall be retained beyond the three-year period if audit findings
have not been resolved.
2. The retention period starts from the date of the final expenditures report for the project.
3. Microfilm copies are authorized in lieu of original records.
4. The Department, State Comptroller of Public Accounts, State Auditors 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, examination, excerpts,and transcripts.
H. Project Termination
1. The Department may temporarily suspend COOP assistance under the project pending corrective action by the Sponsor or
pending a decision to terminate the grant by the Department.
2. The Sponsor may unilaterally terminate the project at any time prior to the first payment of the project. After the initial
payment, the project may be terminated, modified, or amended by the Sponsor only by mutual agreement with the
Department.
3. The Department may terminate the project in whole, or in part, at any time before the date of completion, whenever it is
determined that the 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.
4. The Department or Sponsor may terminate grants in whole, or in part, at any time before the date of completion, when both
parties agrees 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 share of the non-cancelable obligations, properly 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 under projects terminated for cause shall be in accord with the legal rights and liabilities of the
parties.
5. Termination either for cause or for convenience requires that all funds provided by the Department be returned.
I. Noncompliance
In the event that the Sponsor does not comply with provisions as set forth in the grant contract agreement, the following actions
may be taken:
1. The Department may withhold payment to the Sponsor,
2. If the above actions do not achieve program compliance,the Department may involve the State Attorney General's Office.
I have read the General Provisions and understand that the project Sponsor which I represent will be responsible for compliance with
the above conditions as a result of the receipt of grant assistance from the Community Outdoor Outreach Program. It is also
understood that the General Provisions are part of the grant contract agreement.
Signature of Official Authorized in Resolution
Name and Title
Date
City of Fort Worth, Texas
"noor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/25/03 **G-13892 52PARKS 1 of 1
SUBJECT APPLICATION TO TEXAS PARKS AND WILDLIFE DEPARTMENT FOR A
COMMUNITY OUTREACH GRANT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to submit, accept and execute a grant application to the Texas Parks
and Wildlife Department for a Community Outreach Grant for the purpose of funding an outdoor
learning area at Paschal High School; and
2. Adopt the attached appropriation ordinance increasing estimate receipts and appropriations up to
$7,085 in the Grants Fund subject to receipt of the funds.
DISCUSSION:
The Department of Environmental Management education staff works closely with Paschal High School as
part of the Fort Worth Independent School District Adopt-A-School program. This proposed grant will be used
to transform a school courtyard into an outdoor biology classroom as part of the curriculum for 9th grade
biology classes. The outdoor area will include a butterfly pollination garden, experimental garden, wetland
and composting area. The funds will cover materials to create raised beds, provide an adequate drainage
system, and purchase plants and gardening tools for the students to plant and maintain the area.
This outdoor project will enable students to participate in field studies, perform authentic lab field investigations
and conduct independent research projects to formulate and test their research questions.
Other participants in this project include the Paschal High School PTA, the Botanical Research Institute
of Texas, Fort Worth Botanic Garden staff and Paschal High School Biology teachers and students.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, adoption of the
attached appropriation ordinance, and receipt of the grant, funds will be available in the current
operating budget, as appropriated, of the Grants Fund.
LWA
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GR76 451940 052306842000 $7,085.00
Libby Watson 6183 GR76 522030 052306842010 $7,085.00
Originating Department Head:
Brian Boerner 8079 (from) APPROVED 2125103
ORD.#15459
Additional Information Contact:
Brian Boerner 8079