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HomeMy WebLinkAboutResolution - 2003-R0392 - National Recreational Trails Fund Agreement - Texas Parks And Wildlife Dept. - 09_18_2003Resolution No. 2003-RO392 September 18, 2003 Item No. 47 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a National Recreational Trails Fund Agreement for construction of a recreational trail in Lubbock County, Texas, by and between the City of Lubbock and Texas Parks and Wildlife Department, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 18th day of September -Z , 2003. MARC McVOUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: C.� Corbin Pemberton, Parks & Recreation Director APPROVED AS TO FORM: gs:ccdocs Agrmnt-National Rec Trails Fund.res Sept 1 , 2003 ;.5 y Resolution No. 2003-RO392 September 18, 2003 r Item No. 47 TPWD CONTRACT NO. 128568 TEXAS PARKS AND WILDLIFE DEPARTMENT NATIONAL RECREATIONAL TRAILS FUND AGREEMENT This agreement between Texas Parks and Wildlife Department (hereinafter TPWD) and City of Lubbock (hereinafter Sponsor) for construction of a recreational trail in Lubbock County, Texan is made under Texas Recreational Trails Fund. BACKGROUND The TPWD Recreational Trails Program, which administers the Texas Recreational Trails Fund (hereinafter TRTF) made available under the National Recreational Trails Act (hereinafter The Act), awards reimbursement -type grants to eligible public entities and private organizations to be used on trails and trail -related projects. To be eligible, the project must have been planned and developed under existing federal laws and state laws, and all related policies and administrative procedures; and The City of Lubbock, eligible under The Act, made a grant application for a suitable trail project and was awarded a TRTF grant. THEREFORE, for and in consideration of the mutual covenants and benefits hereof, TPWD and the Sponsor hereby agree as follows: TERMS Sponsor will acquire 15 +/- acres of real property, construct a 4-wheel drive challenge trail, a motocross track, fencing, signs and parking area, conduct an environmental assessment, and site plan, in accordance with approved plan (hereinafter the Project) by August 31, 2006. While doing any work under the terms of this agreement, Sponsor will adhere to all requirements established for the National Recreational Trials Fund including those set out in Procedural Guidelines, Project Development and Grant Reimbursement Procedures, and Acquisition Project Procedures and by the signature of its authorized agent below asserts that it had read all of the foregoing requirements. The undersigned is subject to Title VI of the Civil Rights Act of 1964, Section 504 or Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and offers all persons the opportunity to participate in programs or activities regardless of race, color, national origin, age, sex or disability. Further, it is agreed that no individual will be turned away or otherwise denied access to or benefit from any program or activity that is directly associated with a program on the 1 .basis of race, color, national origin, age, sex or disability. Sponsor will properly and adequately maintain the Project into the foreseeable future so that it is available and safe for use by the public. TPWD and Sponsor agree that the total cost of the Project is estimated to be Two Hundred Eighteen Thousand Seven Hundred and Fifty Dollars ($218,750) and that reimbursement to Sponsor for work performed under this agreement will not exceed Eighty Percent (80%) of the project cost up to the grant funds approved, One Hundred Seventy Five Thousand Dollars ($175,000). Sponsor will be paid up to $175,000 after submitting acceptable billings to TPWD for approved work Sponsor may begin site planning and resource assessment work after execution of this agreement. After the project is cleared of resource impacts, by TPWD, the Texas Historical Commission and the U.S. Fish and Wildlife Service for potential impacts to natural and cultural resources, the Sponsor will receive a notice to proceed with acquisition and construction. Any acquisition or construction activities conducted prior to receiving the notice to proceed, will not be eligible for reimbursement. This contract 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 Texas Parks and Wildlife Department. The performance period of this contract may be extended up to twelve months by mutual agreement of both parties. This agreement will be in effect on the last date of the signatures below. TEXAS PARKS AND WILDLIFE DEPARTMENT (7?4w4, 4� )�a� Pamela A. Maxwell Contracting Manager CITY OF LUBBOC MARC MCDOUGAL, MAYOR N Date: 1/- &-403 Date: September 18, 2003 zoo U 73q Z, ATTEST: Rebecca Garza, City Attorney APPROVED AS TO NTENT: Corbin Pemberton, Parks & Recreation Director APPROVED AS TO FORM: gs/ccdocs/Tx Parks&Wildlife Dept Fund Agrmnt. Sept. 10, 2003 Resolution No. 2003—RO392 AMENDMENT TO CONTRACT 1. Owner Texas Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744 3. Contract No Project No. Location 128568 NA Austin HQ - Wildlife Division 2. Contractor (Name and Address) City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 4. Amendment No Effective Date 01 Immediately 5. The above numbered contract for a National Recreational Trails Fund Agreement is amended to include the following clause: Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. Except as provided herein, all terms and conditions of the contract referenced in item 3 above, as heretofore changed, remain unchanged and in full force and effect. 7. Cor By Amount this amendment -0- Contract amount before this amendment $175,000.00 Contract amount with this amendment $175,000.00 Contract period extended Expiration Date changed from Marc McDougal, Mayor TYPE or PRINT signer's name and title Date Signed December 2, 2003 -0- calendar days. NA to NA 8. Owner: Parks and Wildlife Department By g114�, Pamela A. Maxwell, Manager Contracting Section Title Date Signed //—/ i —Q3 ASF ALIAS AGENCY OBJECT ORG UNIT PROJECT TASK PROJECT LOCATION SPECIAL FUTURE AMOUNT AY ASF AP roved as to'foorr ': t-i,y Attorney ATTEST: 11eb4cca Garza, City Sec tart'