Res 161-2017 11/21/2017 Resolution No. 161-2017
Resolution accepting a grant in the amount of $499,680 from Texas
Parks & Wildlife Department for recreational improvement to Lake
Wichita and authorizing the City Manager to execute related
documents.
WHEREAS, the City applied on September 15, 2015 to the Texas Parks &
Wildlife Department (TP&W) for a grant for the construction of a boat ramp at Kemp
Street and Lake Wichita; and,
WHEREAS, the TP&W announced award of the grant in the amount of
$499,680; and,
WHEREAS, the Lake Wichita Revitalization Committee has committed to fund
the matching share of funding in the amount of$166,560.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The grant from Texas Parks & Wildlife Department for the Kemp Street Boat
Ramp is hereby accepted and the City Manager is hereby authorized to execute the
related documents.
PASSED AND APPROVED this the 21st day of November, 2017.
Y,44., ,�,'�
MAYOR
ATTEST:
City CIS k
Recreation Grants Branch
BOATING T PROGRAM AGREEMENT
TP D Contract Number,50365
Service Award Number:F1 AF0001
Unique Entity Iden r(DUNS):003789724
15.605
Project Number F-283434
Sponsor Fume. CITY OF WICHITA FALLS
Project Name: KEMP STREET
AT RAMP
Project Period-, 1 Q-01 017 T -30-2021
Total Project Cost; $666,240.00 Approved Federal Funds: 499,680.00(75%)
EROJECT SCOPE AND LOCATION:
This subaward is funded through the U.S. Fish and Wildlife Service (U FW ), Grant TX F
63- -1 Renovate Beating access Facilities at Kempf Street - Lake Wichita, Wichita Falls,
Texas, F16AF 0016, under the authority of the Sport Fish Restoration Grant Program,
( F A 15.606)Issued to the Department on mate of award October 1, 2017 All publications
arising from this project shall acknowledge the Department, as well as U FW , as funding'
sources
City of Wichita Falls will construct a public boat launching facility Kemp Street at Lake that will
comprised of a -lane launching ramp and seawall With sidewalks. The facility will be
constructed following(sponsors)procurement policies and procedures. All applicable permits
have been obtained and wilf be kept on file for future..
City of Wichita Falb Is authorized to be reimbursed for $44,000 in professional costs for d
Corps of Engineers Section 404 permit and related preliminary plans and specifications
incurred since August 1,2015,prior to the grant period start date of this award,and necessary
to comply with the proposed project-schedule/period'of performance. Pre-award expenses are
allowable only to the extent that they are authorized by the approved 6F 424, scope of work,
and project budget incorporated by reference under this ward.
Location of ramp Is Kemp Street In Wichita County and the body of seater is Lake Wichita with
the geographic coordinates at ramp: 3.8413251-98.530676 physical address of 6200 kemp
Street,Wichita Falls„Texan
MY 0MIChita FORS F28 =t Page I of
This grant agreement("Agreement"),as defined in 2 CPR;200.51,,is made and entered into by
and between the Texas Parks and Wildlife Department("Department")and the City of Wichita
Palls("Sponsor"},with respect to the above described project("Project")as follows.
1a This grant is approved for planning, coordination and design only. Sponsor shall submit
to the Department an aerial or satellite image,and ground-level color digital photos,which
together show precise locations of all project components before the project begins.
Worts on the ground (construction)may not proceed until these documents are approved
bytheUSFWS. Any construction costs Incurred prior to the receipt of the Notice to
Proceed with construction will not be eligible for reimbursement.
2 Sponsor agrees to submit complete signed and sealed construction plans and
specifications to USFWS and the Department and to construct the Project as specified in
this agreement;and register the Project with the Texas Department of Licensing and
Regulation(TD R)-"Elimination ofArchitectural Barriers Program."
. All construction shall be in compliance with all laws and regulations duty adopted by
governmental agencies of competent jurisdiction including meeting current Americans
with Disabilities Act compliance for boating;access facilities:
4a Any cultural and/or paleontological resource(historic or prehistoric site or object)
discovered by the Sponsor,or any person working on the ponsor's behalf,shall be
immediately reported to the Service and the State Historic Preservation Officer. The
Sponsor shall stop all operations in the area of potential effect until written authorization
to proceed is issued by the USFWS after determination of appropriate actions to
prevent the loss of significant cultural,religious,or scientific values.
. After completion of the Project and final payment by the part ent, Sponsor shall
assume sole responsibility for facility operation including area surveillance, maintenance:
and repairs for a minimum of twenty-five(25)years.
6; Local regulations may be adapted by Sponsor pursuant to Section 31,692 of the Parks
and Wildlife Code, It is understood and agreed that Sponsor shall not designate public
water served by the Project as areas restricted from use by registered motorboats without
Department approval. Violation of this covenant by Sponsor shall require 100%
reimbursement to the Department of the costs of the Project.
7. This project is being funded with federal fonds generated by recreational boaters; As
such, charging a fee to utilize this facility is discouraged. If a fee is charged to utilize the
boat ramp, all revenue collected must be used to maintain and operate the boating
access facility.:
The Department will provide the Sponsor with advisory assistance within its capabilities.
City of Wichita Falls F283-Bn1
rage 2 of
9. Sponsor shall submit Performance reports(status reports)through the Recreation Grants
Online (R )system htfnps„/ftu -reo r nts,flul r vl ), Performance reports are
due on 1 e day of the month following the end of each calendar quarter. Reports must
contain sufficient text and photographic detail to Inform the Department of the current
status of the grant project components. Each report must contain clear color ground-level
digital photos of the work site and each project component at the time the report is written
and approved. The report must describe in detail any progress, delays or problems
occurring Within the grant period covered by the report. The final Performance report
must summarize all work completed (or not completed)and contain'photos-showing the
overall site, and the site of each Individual project component, both before work began
and after the project is completed.
0 The Sponsor will submit financial reports with each reimbursement request submitted
quarterly through the RGO system. The reports should be in the form of an updated
budget summary of the project elements showing total costs to date. Frequency of
submission of reimbursement requests can be as needed, but they should be submitted
at least quarterly to show financial activity of the grant.
11. Expenses must be incurred during the grant period. Final invoices mist be submitted for
reimbursement no later than sixty(6 )days after the grant agreement expiration date
12. Cost haring or Match: The minimum non-federal snatch requirement is % of total
cumulative e pen itures. No more than %of cumulative costs will be reimbursed.
13 Under the terms and conditions of this award, Sponsor must maintain an active System
for Award Management ( AM) registration of hgpa,//www.sam.qov/portal/Subllet�SAM/
until the final financial report Is submitted or final payment is received, whichever is
later: If Spon or's SAM registration expires during the required period, the USFWSwill
suspend payment under this and all other U F JE awards to Sponsor until it updates its
Alta registration
1 ; The Department will perform a final'`site inspection at the completion of the project.
Progress inspections may be performed at the discretion of the Department,
16. Sponsor will maintain adequate records to support all claims for reimbursement and
submit to the Department copies of all expenditures to be charged against the Projects
Financial records shall be retained by Sponsor for three years(3)after satisfaction of all
Uniform Administrative Requirements for Grants and Cooperative agreements is to State
and Local Governments, Other records such as construction plans and this agreement
shall be maintained for the period specified in 2 CFR9. Retention requirements for
records.
16, Sponsor understands that acceptance of funds under this agreement acts as acceptance
of the authority of the State Audfloes Office, the Department or qny successor agency,to
conduct an audit or investigation In connection with those funds. Sponsor further agrees
to cooperate fully with the State AuditriesOffice, the Department or any successor in the
conduct of the audit or investigation, including providing all records requested. Sponsor
will ensure that this clause concerning the authority to audit funds received indirectly by
city of Wichita Falls F283-B-1 Page 3 of
subcontractors through Sponsor and the requirement to cooperate is included in any
subcontract it awards. This right to audit provision includes the right of the applicable
federal agencies and the federal Off ice of the Inspector General to audit,
17. Amendments or change orders to this agreement shall be requested in writing by the
Sponsor and submitted through the PGQ system. The Department will review.and
approve or disapprove amendments or change orders in concurrence with the USFWS.
18. In the event the cost of construction is below the -maximum amount authorized, the
Sponsor may, at its discretion, include additional improvements or appurtenances on
each designated site as long as the Project total cost figuresare not exceeded;provided,
however, such improvements or appurtenances are first approved in writing by the
Department.
19 Awards are based on the application and supporting documentation submitted to and
approved by the Department and the USFWS;Acceptance of this grant carries with it the
responsibility to be aware of and comply with Program legislation, Federal regulations,
special award terms, conditions and provisions including the Assurances-Constructions
Programs, (SF 424D),which are attached and made part of this Agreement. Acceptance
is defined as the start of work, drawing down of funds, or accepting the award via
electronic means. The federal regulations applicable to Service awards are listed by
recipient type in Service Financial Assistance Award Terms and Conditions posted at
http:/www.fws.gov/grants/.
20 To the extent allowable by law, sponsor shall defend,indemnify, and hold harmless the
state of Texas, its officers; ;and employees, and the department, its officers, and
employees and contractors, from and against all claims, actions, suits, demands,
proceedings, costs, damages, and liabilities, including without limitation attorneys' fees
and court costs,arising out of, connected with,or resulting from any acts or omissions of
sponsor or any agent,employee,subcontractor,or supplier of sponsor in the execution or
performance of this agreement, sponsor shall coordinate its defense with the Texas
Attorney general as requested by the department.
21. The Department may temporarily suspend USF S assistance "tender the project
pending corrective action by the Sponsor or pending a decision to terminate the grant
by the Department.
22. The Sponsor may unilaterally terminate the project at any time prior to the first payment
on the Project, After the initial payment, the project may be terminated, modified, or
amended by the Sponsor only by mutual agreement with the Department:
23. 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 handled in accord with the legal rights and liabilities of the
parties.
City Qf Wicnira Faits F393-6-1 Page 4 of 6
24. The-Department or Sponsor may terminate the Agreement 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 share of the non-cancelable
obligations, property incurred by the Sponsor, pending written receipt detailing the
reasons and effective date of termination, Payments made to the Sponsor or recoveries
by the Department under projects terminated for cause shall be handled In accord with
the legal rights and liabilities of the parties.
25, 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.
2E: This Agreement is subject to cancellation, without penalty, either in whole or in part„ If
funds are not appropriated by the Texas Legislature,or otherwise made available,to the
Department.
27. Sponsor must disclose, in a timely manner and, in writing to the Department afl
violations of Federal criminal law involving fraud, bribery, or gratuity violations
potentially affecting this Agreement. Failure to make required disclosures can result in
any of the remedies described in § 2 CFIR 200.338 Remedies for noncompliance,
including suspension or debarment.(See also 2 CFR Part 150 and 31 U.& .3321
2& WhIstleblower Rights and Requirements: 41 U.S.C. 4712, Enhancement of the
Sponsor and Subreciplent(Slab-Contractors)Employee Whistleblower Protection:
(a)This award, related subawards, and related contracts over the simplified
acquisition threshold and all employees working on this award, related
subawards, and related contracts over the simplified acquisition threshold are
subject to the whistlebiower rights and remedies established at 41 USC 471 :
(b)Recipients, their subrecipients, and their contractors awarded contracts over the
simplified acquisition threshold related to this award, shall inform their employees
in writing, In the predominant language of the workforce, of the employee
istleblower rights and protections under 41 USC 471 .
(c)The recipient shall Insert this clause, including this paragraph (c)„ in all
subawards and in contracts over the simplified acquisition threshold related to
this award.
29. VS. Department of HomelandSecurity's E-Verifyto y entering Into this
Agreement, the Sponsor certifies and ensures that it utilizes and will continue to utilize,
for the term of this Agreement, the U.S. Department of Homeland:Security's E-Verify
system to deterrame the eligibility of
City of Mchita Fills F263-B-1 Fags 6 of
a) All persons employed to perform duties within Texas, during the to of the
Agreement,and
b) All persons (including subcontractors)assigned by the Sponsor to perform work
pursuant to the Agreement,within the United States of America.
The Sponsor shall provide,upon request of TPWD, an electronic or hardcopy screen of
of the confirmation or tentative rion-confirmation screen containing the E-Verify case
verification number for attachment to the Form 1-9 for the three most recent hires that
match the criteria above, by the Sponsor, and Sponsor's subcontractors, as proof that
this provision is being followed.
If this certification is falsely made,the Sponsor may be Immediately terminated,at
the discretion of the state and at no fault to the state,with no prior notification.
M The Agreement is effective upon execution by both parties
TEXAS PARKS AND WILDLIFE DEPARTMENT CITY OF WICHITA FALLS
b
y by .
Trey Cooksev,Boating Ac ss iaraoer,
Name and Title Name and Time
ate tgn tu-Ta Ure
SAM Datellnifiais PLfd-2df-2tD17 Federm#Aid Datelinitials
City of Wichita falls P283-8.1i Page 6 of 6
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