Res 068-2016 6/21/2016 Resolution No. 68-2016
Resolution accepting a matching grant in the amount of $499,536
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 for a matching grant for the construction of a boardwalk structure
from the Lake Wichita dam at the old Pavilion site; and,
WHEREAS, the TP&W announced award of the grant March 24, 2016 in the
amount of$499,536; and,
WHEREAS, the Lake Wichita Revitalization Committee has committed to fund
the matching share of funding in the amount of $499,536.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The matching grant from Texas Parks & Wildlife Department is hereby accepted
and the City Manager is hereby authorized to execute the related documents.
PASSED AND APPROVED this the 21 st day of June, 2016.
MAYOR
ATTEST:
City belk
For TPWD rise only PO#: PUNS#: CFDA#: _N/A
TEXAS PARKS AND WILDLIFE DEPARTMENT
LOCAL PARK GRANT PROJECT AGREEMENT
TEXAS RECREATION&PARKS ACCOUNT
Project Sponsor and Name: WICHITA FALLS Lake Wichita Park
Project Number 59-000478
Project Period. TP D aroval Date to July 16,2019
Total Project Cast. $999,072.00 Approved State Funds: 1499,536.00
PROJECT ESC IPTI [SCOPEII:
The City of Wichita Falls will further develop 2.1+acres of 234 acre Lake Wichita Park to include a
boardwalk, trail extension interpretive signage, planting enhancements for wildlife and fisheries
habitat, and shoreline stabilization. --
Pre-agreement coasts for professional services in the amount not to exceed $67, 17.00 from February
1, 2015 are approved;
The City of WICHITA FALLS is advised that based on the project description, the following
conditions apply.
During construction of the boardwalk, Best Management practices should be implemented to control
or minimize soil disturbance and the erosion of soil into the water body.
Additional habitat related comments offer advice that may further reduce or avoid adverse impacts by
implementing the appropriate actions in the General Comments andControlled Plants documents
also attached;
Wichita Falls Lake Wichita Park is located in the southwest area of the city at the darn on Lake
Wichita at 5910 Taft Blvd,Wichita Falls,Wichita County, Texas.
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, The Sponsor is obligated to adhere to all requirements established for the Local Park Grant Program
including program guidelines set out at 31 TAG Sec,61,132-61.139.
2. No work on the project by the Sponsor shall commence until written notice to proceed has been received
Wichita Falls 50-O00478 Page I of 2 Updated 08/19/2015
from the Department.
3. The Sponsor stall furnish the Department an annual report every August 15£ for a period of five years
following the project completion, providing to the satisfaction of the Department information regarding
present and anticipated use and development of the project site:
4. The Sponsor shall install and maintain at the project site a permanent fund acknowedgr ent sign as
prescribed by the Department,
. All utilities at the project site shall be underground and approved by the Department.
6. The General Provisions dated February 2008 attached hereto are hereby made•part of this agreement.
7. The Summary of Guidelines for Administration of Local Park Grant Program or LWGF Acquisition and
Development Projects dated January 2008 attached hereto is hereby made part of this agreement.
S. The original application and supplemental documentation submitted by the sponsor are hereby made part
of this agreement.
g. The Agreement is effective upon execution by the Department.
TEXAS PARKS AND lL LdF DEPARTMENT l +DF WJ(; TAe F,AtLLS
Political subdivkslan(5pansor)
by by
Brent Leisure, State Darks Division Director Darron Leiker Ci ana er
Name and TMe dame and Title
f--
TFTMWD Approval Date
N/A or ® SAM,Datellnitiala: 05116J201'6-re
LOCAL PART(G&ANT PROGRAM
TEXAS RECREATION AND PARKS ACCOUNT
GENERAL PROVISIONS
Revised May 201
I. Definition
, The term"Department"as used herein means the Texas Parks&Wildlife Department or any representative delegated authority to act on behalf
of the Department.
B. The term"Project'as used herein means a single project which is the subject of this project agreement.
C. The term"Sponsor'as used herein means the political subdivision which is party to the protect agreement.
D. The term 1PGP"as used herein means the Local Park Grant Program.
E. The term"Manual'as used herein means the Local Park Grant Programs Manual.
It.Continuing Assurances
A. The parties to the project agreement specifically recognize that receipt of program assistance creates an obligation to maintain the property
described in the project agreement consistent with the Manual,and the following requirements:
B. The sponsor agrees that the property described in the project agreement and in the dated project boundary map made part of that agreement is
being acquired or developed with program assistance, and that it shall not be converted to other than public recreation use but shall be
maintained in public recreation in perpetuity,or for the term of the lease in the case of leased property.
C. The sponsor agrees that the benefit to be derived by the State of Texas from the full compliance by the sponsor with the terms of this
agreement is the preservation,protection,and the net increase in the quality of public 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.
D. The sponsor agrees that the property and facilities described in the project agreement shalt be operated and maintained as prescribed by the
Retention,Operation&Maintenance Responsibilities guidelines of the Manual.
E. The sponsor agrees that a permanent record shall be kept and available for public inspection to the effect that the property described in the
scope of the project agreement, and the dated project boundary map made part of that agreement, has been acquired or developed with
program assistance and that it cannot be converted to other than public recreation use,
F, Nondiscrimination
The sponsor shall comply with Title VI of the Civil Rights Act of 1964,which in part,
1: prohibits discriminatory employment practices resulting in unequal treatment of persons who are or should be benefiting from the grant-
aided facility.
2.. prohibits discriminating against any person on the basis of residence
III, Project Assurances
A, Applicable Circulars
The Sponsor shall comply with applicable regulations, policies, guidelines and requirements including State Uniform Grant and Contract
Management Act,Federal Office of Management and Budget 2 CFR Part 200(Uniform Administrative Requirements, Cost Principles,and Audit
Requirements for Federal Awards),as they relate to the application,acceptance and use of State funds for grant assisted projects.
It is the responsibility of the grant sponsor to have a Single Audit done annually according to the Texas Single Audit Circular for state funded projects
and according to OMB 2 CFR Part 200 for federally funded projects. A copy of this audit must be furnished to the Department when completed.
Wichita Falls 50-000478 Page 9 of 4 0511012016
TEXAS RECREATION&DARKS ACCOUNT
GENERAL PROVISIONS-Continued
B. Project Application
1.The application for state assistance bearing the same project name as the agreement and associated documents is by this reference made a
part of the agreement.
The sponsor possesses legal authority to apply for the grant and to finance and construct the proposed facilities. 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. Sufficient funds will be available to
assure effective operation and maintenance of the facilities acquired or developed by the project,
C. Project Execution
1.The project period shall begin with the date of approval by the Parks and Wildlife Commission 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 wflI require the facility to be designed 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 by the contractor.
4.The sponsor shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure
compliance with all Federal,State,and local laws and regulations
5.In the event the project covered by the project agreement cannot be completed in accordance with the plans and specifications for the
project,the sponsor shall bring the project to the point of recreational usefulness agreed upon by the sponsor and the Department.
6.The sponsor will provide for and maintain competent and adequate architectural and engineering supervision and inspection at the
construction site to ensure that the completed work conforms with approved plans and specifications
7.The sponsor shall runtish quarterly progress status reports to the Department beginning with the date of Parks & Wildlife Commission
approval.
B.The sponsor will comply with the provisions of Executive order 11988, relating to evaluation of flood hazards; Executive Order 11288,
relating to the prevention,control,and abatement of water pollution;Executive Order 11990,relating to the protection of wetlands;and the
Flood Disaster Protection Act of 1973(P.L.93-234)87 Stat.975,
9.The sponsor will assist the Department in its compliance with the Texas Antiquities.Code(Devised 9f1687)by
(a) consulting with the Texas Antiquities Committee on the conduct of investigations,as necessary,to identify properties listed or eligible for
listing as State Archeological Landmarks,and to notify the Department of the existence of any such properties,and by
(b) complying with all requirements established by the Department to avoid or mitigate adverse effects upon such properties.
D. Construction
Construction by the sponsor shall meet the following requirements:
1.Contracts for construction roust be in compliance with the Local Government Code Chapter 252 (for municipalities), Chapter 262 (far
counties),and Chapter 375(for municipal utility districts), Copies of all advertisements,bids and a copy of the contract shall be provided to
the Department.
2.The sponsor shall inform all bidders on contracts for construction that program funds are being used to assist in construction.
3.Written change orders shall tie issued for all necessary changes in the facility being constructed. 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.
4.The sponsor shall incorporate,or cause to be incorporated,into all construction contracts the following provisions:
Wichita Falls 50-044478 rlage 2 of 4 0511012016
TEXAS RECREATIO PARKS ACCOUNT
GENERAL PROVISION S-Gontinuart
During the performance of this contract,the contractor agrees as follows
(a) The contractor will not discriminate against any employee or applicant for employment because of race, religion, colas,,gender,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,color„gender or national origin.
(b) 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,color,sex,or national origin.
(c) The contractor 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 by the agency contracting officer,advising the labor union or worker's representative
of the contractor's commitments under'Section 262 of Executive Order No. 11246,as amended (3 CFR 169(1974),and shall post
copies of notices in conspicuous places available to employees and applicants for employment.
(d) The contractor will comply with all provisions of Executive Order No.1146,as amended,and the rules,:regulations,and relevant orders
of the Secretary of Labor.
(a) The contractor will furnish all information and reports required by Executive Order No.11246,as amended,and by the rules,regulations.,
and order 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.
(Q in the event of the contractor's noncompliance 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 No 11246,as amended,and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246,as amended,or by rule,regulations,or order of
the Secretary of Labor,or as otherwise provided by law.
(g) The contractor will include the provisions of Paragraphs(1)through(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 No. 11246,as amended,so
that such provisions will be binding upon each subcontractor or vendor. The contract will take such action with respect to any
subcontract or purchase order as the contracting agency may direct as means of enforcing such provisions,including sanctions for
noncompliance` 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 interests of the United States.
E. Conflict of Interests
1. No official or employee of the State or local government who is authorized in his official capacity to negotiate,make,accept,or approve,or
to take part in such decisions regarding a contract 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 or local government in connection with this project shall have a financial or other personal
interest other than his employment or retention by the State or local government,in any contract or subcontract in connection with this
project o 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 Participant.
F. Project Costs
Project costs eligible for assistance shall be determined upon the basis of the criteria set forth by the Manual,
G. Project Administration
The sponsor shall promptly submit such reports and documentation as the Department may request.
H. 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.
Wichita Faits 50-O00476 Page,3 of 4 05114d2016
TEXAS RECREATION&PARKS ACCOUNT
GENERAL PR0VI51 NS-Continued
4. The Department, State Comptroller of Public Accounts, State Auditor Office,or any of their duty authorized representatives,shall have
access to any boots,documents,papers,and records of the sponsor which are pertinent to a specific project for the purpose of making
audits,examinations,excerpts and transcripts.
1. Project Termination
1. The Department may temporarily suspend program assistance•under the project pending corrective action by the sponsor or pending a
decision to terminate the grant by the Department.
2. The sponsor may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment,the project
may be terminated,modified,or amended by the sponsor only by mutual agreement 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 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 of the determination and the reasons for termination,together witit
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 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.
1 Noncompliance
In the event that the sponsor does not comply with provisions as set forth in the grant project agreement and the Manuel 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;
3. If the above actions do not achieve program compliance,the Department may involve the State Attorney General's Office,pursuant to
Section 24 of the Parks&Wildlife Code.
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 Texas Recreation & Parks Account Program. It is also understood that the General
Provisions are part of the grant project agreement.
Project Name and Number: WICHITA FALLS sake Wichfta,Park, Project Number 50-000478
Signature of Official Authorized in Resolution
Damon Leiker,City Manager
Game and Tidy gate
Wichita Falls 50-000478 Page 4 04 05/1M016
TEXAS PARKS AND WILDLIFEDEPARTMENT
CERTIFICATE I TI
TEXAS RECREATION AND PARKS ACCOUNT PROGRAM
This is to certify that a permanent record shall be kept in the CITY F WICHITA FALL
public property records and be made available for public inspection to the effect that the
property described in the scope of the Project Agreement for WICHITA FALLS Lake
Wichita Park, Project Number 50-000478, and the dated project boundary map made
part of that Agreement; has been acquired or developed with Texas recreation and
Parks Account assistance and that it cannot be converted to other than public recreation
use without the written approval of the Texas Parks and Wildlife Department.
CITYt)F WICHITA FALLS
Political Subdivision
By
arron Leiner,GitSr onager^®
Name and Title
Date
SUMMARY OF GUIDELINES FOR ADMINISTRATION OF
TEXAS RECREATION&PARKS ACCOUNT
LOCAL PARK GRANT PROJECTS
(Revised January 2008)
The Texas Parks &Wildlife Commission, by authority of Chapters 13 and 24 of the Parks &Wildlife Code, has
adopted Guidelines for Administration of Grant Acquisition and Development Projects,to read as follows:
It is the Commission's policy that the Department shall administer local projects in accord with the following
guidelines, with interpretation of intent to be made to provide the greatest number of public recreational
opportunities for citizens of Texas.
Approved projects shall be pursued in a timely manner by the sponsor, unless delays result from extraordinary
circumstances beyond the sponsors control, Failure to meet the following time frames may be grounds for the
Department to initiate cancellation of the affected project in order to recommend reallocation of available funds to
other projects,or to deny re guests for additional rant funds for new projects:
ACTIVITY TIME FRAME
Commission Approval Begin 3-year project period(4-year max)
Grant Agreement Execution(Department&Sponsor) As soon as possible after Commission approval
Pending Documentation such as:
• U.S.Army Corps of Engineers 404
• TCEQ Permits
• Environmental Resources Survey Within 6 months of grant agreement date
• THC Cultural Resources Survey and Clearance
• TPWD Biological Consultations
ROW Abandonment
• LeasetJoint-Use Agreement Execution,etc.
Quarterly Status Reports(beginning with Commission On or before January 151h,April 15th,July 151h and
approval) October 150
Appraisal Submission As soon as possible after grant agreement date
Appraisal Approval Within 6 months of appraisal submission
Land Acquisition As soon as possible after appraisal approval
Within 6 months of land acquisition for projects
Construction Plan Submission involving acquisition,or
Within 6 months of grant agreement date for
development only projects,
Periodic Reimbursement Billings Every 90 days if possibi (minimum$10,000
request)
Project Completion and Grant Close-Out Within 3 years after Commission approval(but in no
case after the 4th fiscal year)
Wichita Falls 60-000478 Page I of 2
SUMMARY OF GUIDELINES(Continued)
The following criteria will be used to determine sponsor eligibility for additional funding.
• Funding history and previous performance
• All previously completed Department sponsored grant projects must be in compliance with all the terms
of the Project Agreement under which they received assistance and all program guidelines,and
• For active grants, all required project documentation(such as appraisals, construction plans, quarterly
status reports,and reimbursement requests.)must be complete and have been received on schedule,if
due;and
• All active projects which are at least two years old must be reimbursed for a minimum fifty percent of
the approved grant amount;and
• The total of approved grant funds which have not been reimbursed may not exceed 2 million for all
active grant projects.
grantee may also be considered to be"high risk"based on financial stability or non conforming management
standards, requiring additional special conditions and restrictions as determined by grant management
standards.
FAILURE TO MEET ANY ONE OF THE ABOVE CRITERIA MAY BE GROUNDS FOR DENYING NEW GRANT
FIB SMENT OF .THF Ad()VE QEITERIA IN CONJUNCTION WITH REQUESTS FOR NEW
GRANTS WILL BE MADE PRIOR TO SUBMISSION OF FUNDING RECOMMENDATIONS TO THE PARKS
AND WILDLIFE COMMISSION.
1 have read the "Summary of Guidelines for Administration of Local Park Grant Program Projects" 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 Local Park Grants Program. It is
also understood that the "Summary of Guidelines for Administration of Local Park Grant Projects" is
part of the grant Project Agreement.
Signature of Official Authorized in Resolution Date
Carron Leiker,City Manager
Name and Title
WICHITA FALLS Lake Wichita Park 50-000475
Project Name and Number
Wichita Fails 50-000478 Page 2 of
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LAKE WICHITA REVITALIZATION
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BUDGET SUMMARY
PROJECT: WICHITA FALLS Lake Wichita Park REIMBURSEMENT REQUEST NO.
PROJECT NUMBER: 50-000478
[PERIOD COVERED:
COMPLETED COMPLETED TOTAL
ESTIMATE LAST REQUEST THIS PERIOD COMPLETE
1 PROFESSIONAL SERVICES
Construction Plans&Specifications $ 67,317.00
LiMited to 12%of ConstrucUon Elortents
Pro-Agreement Date:10210112015
2. CONSTRUCTION ELEMENTS
1. Boardwalk $ 742,255,00
2, Trail extension(concrete) $ 3%000�00
3. Interpretive signs $ 13,000.00
4. Planting enhancements for wildlife
&fisheries habitat $ 37,500.00
5, Shoreline Stabilization $ 100,000m
Construction Cost $ 931,755,00
Less Retainage $ 0.00
TOTAL CONSTRUCTION $ 931,75 .00
3. LAND ACQUISITION
TOTAL PROJECT COST $
MATCH: $499,536.00 0%