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Home My WebLink AboutPR 22478: PLANNING GRANT FOR BOAT LAUNCH AND FISHING PIER AT PLEASURE ISLAND NEJ �l www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 1, 2022 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: George Davis, Director of Pleasure Island RE: P.R. 22478—Amending the agreement with Texas Parks and Wildlife Department for a Planning Grant for Boat Launch and Fishing Pier at Pleasure Island Introduction: The intent of this Agenda Item is to request the City Council's approval of P. R. No. 22478 authorizing the City Manager to execute an amendment to the subaward agreement with the Texas Parks and Wildlife Department for a planning grant for the repaving of the boat ramp and fishing pier located at Pleasure Island extending the agreement term to 2/1/2023. Background: The boat launch and fishing pier at Pleasure Island has sustained severe damages over the years. It is necessary to repave the 30-year-old Texas Parks and Wildlife boat launch and parking lot to include proper drainage in order to enhance the adjoining public fishing area on Lake Sabine. Pursuant to Resolution No. 19-142, the City Manager submitted an application to Texas Parks and Wildlife Department for the repaving of the boat launch and fishing pier. Pursuant to Resolution No. 21-241 the City of Port Arthur was awarded a planning grant for the professional services needed to assess the feasibility of constructing the boat ramp and fishing. The Texas Parks and Wildlife Department has issued an amendment to the subaward agreement extending the agreement term to 2/1/2023. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No.22478 authorizing the City Manager to execute an amendment to the subaward agreement with the Texas Parks and Wildlife Department for a planning grant for the repaving of the boat ramp and fishing pier located at Pleasure Island extending the agreement term to 2/1/2023. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P. R. # 22478 03/30/2022 gd RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE SUBAWARD AGREEMENT WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR A PLANNING GRANT FOR THE REPAVING OF THE BOAT RAMP AND FISHING PIER LOCATED AT PLEASURE ISLAND EXTENDING THE AGREEMENT TERM TO FEBRUARY 1, 2023. WHEREAS, pursuant to Resolution No. 19-142, the City Manager was authorized to submit an application to the Texas Parks and Wildlife Department for the state boating access program grant for assistance in the repaving of a boat launch fishing pier at Pleasure Island; and, WHEREAS, pursuant to Resolution 21-241, the City Manager executed a subaward agreement with the Texas Parks and Wildlife Department to accept a planning grant in the amount of $110,362.00 for the repaving of the boat ramp and fishing pier located at Pleasure Island funded through sport fish restoration(FRESHWATER) Grant Program; and, WHEREAS, the Texas Parks and Wildlife Department has issued an amendment to the subaward agreement extending the agreement term to 02/01/2023; now,therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the City Manager to amend the subaward agreement extending the agreement term to 02/01/2023 with the Texas Parks and Wildlife Department for a planning grant for the repaving of the boat ramp and fishing pier located at Pleasure Island in substantially the same form as attached hereto as Exhibit"A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , A.D., 2022, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: P. R. # 22478 03/30/2022 gd AYES: (Mayor) Councilmembers: NOES: Thurman"Bill" Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: '?3 al Tizeno, Esq. City Attorney APPROVED AS TO ADMINISTRATION: Ron Burton City Manager Georg a s Director of Pleasure Island P. R. # 22478 03/30/2022 gd APPROVED AS TO AVAILABILITY OF FUNDS: i< ,off 0( ,\/\.,j) Kandy Daniel Interim Director of Finance 1v At4m,, Clifto Williams, CPPB Purchasing Manager Exhibit "A" TEXAS PARKS AND WILDLIFE Recreation Grant Agreement Federal Planning Sub-Award TPWD P.O. Number: 6108 Project Number: FD-TX-F-304-B-1 Sponsor Name: City of Port Arthur Project Name: Port Arthur- Boat Ramp and Fishing Pier Park Federal Award Identification Number(FAIN): F20AF11330 Sponsor Unique Entity Identifier: 137134909 Assistance Listings (Formerly CFDA): 15.605 Agreement Term / Period of Performance: 08/01/2020 -02/01/2023 Federal Share: $110,362.00 Sponsor Share: $36,788.00 Total Project Cost: $147,150.00 SECTION 1 - PROJECT DESCRIPTION AND LOCATION This subaward agreement(Grant Agreement) is entered into by the Texas Parks and Wildlife Department(Department), and the City of Port Arthur(Sponsor). This sub-award is funded through Sport Fish Restoration (Freshwater) Grant Program issued to the Department on 08/12/2020. The scope of this Grant Agreement includes professional services needed to assess the feasibility of constructing the Port Arthur- Boat Ramp and Fishing Pier Park. This includes design, engineering, and other pre-construction expenses related to state/federal environmental and cultural/historical requirements associated with the Port Arthur- Boat Ramp and Fishing Pier Park located at End of Lakefront Drive at Marina basin, East boat ramp on Sabine Lake, Port Arthur, Jefferson County, Texas, 77640. GPS Coordinates: 29.866869/-93.922081 This sub-award is not for research and development. SECTION 2 -SPECIAL CONDITIONS APPLICABLE TO THIS AGREEMENT This amended agreement supersedes and replaces the agreement between the parties executed on 05-14- 2021. Subject to 2 Code of Federal Regulations 200.315, at closing of the Planning Grant, Sponsor shall be the sole owner of the deliverables. Sponsor reserves the discretion to use the deliverables for the purpose of finally designing and constructing an boating access facility whether or not it proceeds to enter into a construction grant agreement with the Department. The agreement is contingent upon fund availability SECTION 3 - PRE-AWARD INCURRENCE OF COSTS The Sponsor shall be entitled to reimbursement of$ 22,000 in pre-award project planning costs incurred on or after 01/01/2018. Such costs are allowable only to the extent that they would have been allowable if incurred after the start date of the award and only with the prior written approval of the Department. City of Port Arthur-Port Arthur-Boat Ramp and Fishing Pier Park 1 SECTION 4 -APPROVED INDIRECT COST RATE N/A 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,Lagardef@tpwd.texas.gov Grant Manager: Dana Lagarde Recreation Grants Branch 4200 Smith School Road Austin, Texas 78744 (512) 389-8224 dana.lagarde@tpwd.texas.gov Grant Coordinator: Renan Zambrano Recreation Grants Branch 4200 Smith School Road Austin, Texas 78744 (512) 389-8224 renan.zambrano a( tpwd.texas.gov FOR PROJECT SPONSOR: Official Point of Contact Ron Burton City Manager 444 4th Street Port Arthur, Texas, 77640 (409) 983-8100 picportarthur@aol.com Project Coordinator Chandra Alpough Director of Parks and Recreation 444 4th Street Port Arthur, Texas, 77640 (409) 983-8152 chandra.alpough(aportarthurtx.gov Fiscal Contact City of Port Arthur-Port Arthur-Boat Ramp and Fishing Pier Park 2 Chandra Alpough Director of Parks and Recreation 444 4th Street Port Arthur, Texas, 77640 (409) 983-8152 chandra.alpough@portarthurtx.gov SECTION 6 -AWARD AND PAYMENT A. The Department will provide funding to the Sponsor in an amount not to exceed $110,362.00 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 may not be incurred prior to the beginning of the Grant Agreement, unless approved in Section 3, 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 Grant 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 City of Port Arthur-Port Arthur-Boat Ramp and Fishing Pier Park 3 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 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 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. 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: Budget Summary Certification Regarding Lobbying City of Port Arthur-Port Arthur-Boat Ramp and Fishing Pier Park 4 Texas Assurances for Federal Sub Awards Federal Grant Agreement Instructions for Approved Projects Assurances for Non-Construction Projects 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 City of Port Arthur Signature: Dana Lagarde Name: Date: 02/27/2022 Title: SAM Date/Initials: 02/25/2022/ R.Z. Signature: Federal Aid Date/Initials: 02/25/2022 / R.Z. Date: City of Port Arthur-Port Arthur-Boat Ramp and Fishing Pier Park 5